City of Streetsboro
Zoning Code
Draft Date: February 15, 2012
Table of Contents
Chapter 11.101 Generally ................................................................................................................ 1 Section 11.101.01 Section 11.101.02 Section 11.101.03 Section 11.101.04 Section 11.101.05 Section 11.101.06 Section 11.101.07 Section 11.101.08
Standard Methods of Measurement ........................................................................7 Schedule of Regulations .........................................................................................7 Footnotes to the Schedule of Regulations ..............................................................9 NonResidential Building Design Standards ...........................................................9 1151.09 Substandard Lots .................................................................................... 10 1151.12 Projections into Yard Areas ..................................................................... 11 1151.16 Permitted Height Exceptions ................................................................... 11 1151.17 Principal Building..................................................................................... 11 1151.19 Setback From Oil, Gas or Brine Wells or Storage Tanks ........................ 11 Clear Vision Areas ................................................................................................ 11 1151.15 Minimum Floor Area Per Dwelling Unit ................................................... 12
Chapter 11.203 Permitted Uses by District .................................................................................... 13 Section 11.203.01 Section 11.203.02 Section 11.203.03 Section 11.203.04
Permitted Uses and Conditional Uses .................................................................. 13 1151.04 Prohibited Uses and Uses Not Expressly Permitted .............................. 13 Multiple Uses ........................................................................................................ 13 Table of Permitted Uses ....................................................................................... 13
Chapter 11.204 Development Standards for Specific Uses ........................................................... 16 Section 11.204.01 Section 11.204.02 Section 11.204.03 Section 11.204.04 Section 11.204.05 Section 11.204.06 Section 11.204.07 Section 11.204.08 Section 11.204.09 Section 11.204.10 Section 11.204.11 Section 11.204.12 Section 11.204.13 Section 11.204.14 Section 11.204.15 Section 11.204.16 Section 11.204.17
Agricultural Buildings and Uses ............................................................................ 16 Kennel ................................................................................................................... 16 Roadside Stands ................................................................................................... 17 Stable, Public ........................................................................................................ 17 Stable, Private ....................................................................................................... 17 Mixed Residential Development Option ................................................................ 19 Mixed Use Building – Residential with NonResidential ........................................ 19 1153.17 Multiple Family Dwelling .......................................................................... 20 Conservation Development Option ....................................................................... 21 SingleFamily Dwelling, Attached .......................................................................... 22 SingleFamily Dwelling, Detached ........................................................................ 23 TwoFamily Dwelling ............................................................................................. 24 1153.14 Campgrounds ......................................................................................... 25 1153.05 Cemeteries .............................................................................................. 25 1153.11 Charitable or Philanthropic Organizations ............................................... 26 Child Day Care Uses ............................................................................................ 26 1153.07 Cultural, Municipal or Public Use ............................................................ 27
Draft Zoning Ordinance: February 15, 2012
Title 5 Parking
Section 11.202.01 Section 11.202.02 Section 11.202.03 Section 11.202.04 Section 11.202.05 Section 11.202.06 Section 11.202.07 Section 11.202.08 Section 11.202.09 Section 11.202.10 Section 11.202.11
Title 6 Landscaping
Chapter 11.202 Schedule of Regulations ......................................................................................... 7
Title 7 Signs
11.21.01 Zoning Districts ........................................................................................3 1121.03 Zoning Districts Map .................................................................................3 1121.04 Interpretation of District Boundaries ..........................................................3 Zoning District Purpose Statements ........................................................................4
Title 8 Administration
Section 11.201.01 Section 11.201.02 Section 11.201.03 Section 11.201.04
Title 9 Subdivisions
Chapter 11.201 Zoning Districts ....................................................................................................... 3
Title 4 Gen. Provisions
ZONING DISTRICTS AND USES ............................................................ 3
Title 10 LID Standards
TITLE 2
1101.01 Title ...........................................................................................................1 1101.02 Interpretation .............................................................................................1 1101.03 Conflict ......................................................................................................1 1151.02 Inconsistencies .........................................................................................1 1151.07 Compliance With Other Applicable Regulations ........................................1 1101.04 Validity and Separability ............................................................................1 1101.05 Repealer ...................................................................................................1 1101.06 Effective Date ............................................................................................1
Title 1 Purpose & Scope
SHORT TITLE, PURPOSE AND SCOPE ................................................ 1
Title 11 Definitions
TITLE 1
Title 2 Districts & Uses
TABLE OF CONTENTS ................................................................................................... I
Title 3 Special Districts
TABLE OF CONTENTS
Table of Contents
i
Table of Contents Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
Section 11.204.18 Section 11.204.19 Section 11.204.20 Section 11.204.21 Section 11.204.22 Section 11.204.23 Section 11.204.24 Section 11.204.25 Section 11.204.26 Section 11.204.27 Section 11.204.28 Section 11.204.29 Section 11.204.30 Section 11.204.31 Section 11.204.32 Section 11.204.33 Section 11.204.34 Section 11.204.35 Section 11.204.36 Section 11.204.37 Section 11.204.38 Section 11.204.39 Section 11.204.40 Section 11.204.41 Section 11.204.42 Section 11.204.43 Section 11.204.44
Title 5 Parking
TITLE 3
1153.10 Human Care Institution ........................................................................... 27 1153.09 Institution for Higher Education ............................................................... 27 1153.06 Place of Worship ..................................................................................... 28 1153.12 Primary School ....................................................................................... 28 Private Club, Fraternal Organization, or Community Group ................................. 28 1153.15 Technical School .................................................................................... 28 1153.20 Adult Entertainment Use ......................................................................... 29 1153.27.1 Bed and Breakfast ............................................................................... 30 1153.22 Car Wash ................................................................................................ 31 Drive Through Facility ........................................................................................... 32 1153.23 Gas Station ............................................................................................. 32 Pet Boarding Facility ............................................................................................. 33 1153.21 Public or SelfStorage ............................................................................. 33 Recreation, Private Indoor .................................................................................... 34 1153.13 Recreation, Private Outdoor ................................................................... 34 Retail Sales, Outdoor ............................................................................................ 34 Vehicle or Equipment Sales or Rental .................................................................. 35 1153.22.1 Vehicle or Mechanical Equipment Service ........................................... 35 1153.24 Veterinary Hospital, Clinic, or Office ....................................................... 36 Manufacturing, Fabricating and Processing (Heavy) ............................................ 37 1153.28 Storage/Impound Yard ............................................................................ 37 1153.19 Surface Mining ........................................................................................ 38 Warehousing/Distribution ...................................................................................... 42 1153.08 Home Occupation ................................................................................... 43 1137.07 Limited Outdoor Sales, Display or Storage Areas Accessory to a Principal Use Outdoor Dining...................................................................................................... 44 Temporary Use Permits ........................................................................................ 45
43
SPECIAL PURPOSE ZONING DISTRICTS ........................................... 47
Chapter 11.301 FP Flood Plain Overlay District ............................................................................ 47 Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
ii
Section 11.301.01 Section 11.301.02 Section 11.301.03 Section 11.301.04 Section 11.301.05 Section 11.301.06 Section 11.301.07 Section 11.301.08
Statutory Authorization and Purpose .................................................................... 47 1122.01 Uses ....................................................................................................... 48 1122.02 General provisions .................................................................................. 48 1122.03 Definitions ............................................................................................... 49 1122.04 Administration ......................................................................................... 49 1122.05 Use and Development Standards for Flood Hazard REduction .............. 53 1122.06 Appeals and Variances ........................................................................... 57 1122.07 Enforcement ........................................................................................... 60
Chapter 11.302 R4 Manufactured Home District ......................................................................... 61 Section 11.302.01 1141.01 Purpose .................................................................................................. 61 Section 11.302.02 Intent; Conflicts ..................................................................................................... 61 Section 11.302.03 1141.02 Uses ....................................................................................................... 61
Chapter 11.303 RG ResidentialGolf Course Community District................................................ 62 Section 11.303.01 Section 11.303.02 Section 11.303.03 Section 11.303.04 Section 11.303.05 Section 11.303.06 Section 11.303.07 Section 11.303.08
1143.01 Purpose .................................................................................................. 62 1143.02 Uses ....................................................................................................... 62 1143.03 Lot Requirements ................................................................................... 62 1143.04 Yard Requirements ................................................................................. 62 1143.05 Maximum Density ................................................................................... 62 1143.06 Open Space ............................................................................................ 62 1143.07 Dwelling Area Requirements .................................................................. 63 1143.08 Plan and Plat Approval Required ............................................................ 63
Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District ................ 64 Section 11.304.01 Section 11.304.02 Section 11.304.03 Section 11.304.04 Section 11.304.05 Section 11.304.06 Section 11.304.07 Section 11.304.08 Section 11.304.09
Intent ..................................................................................................................... 64 Overlay District Established .................................................................................. 64 Instructions ........................................................................................................... 64 Modifications ......................................................................................................... 64 Development Areas .............................................................................................. 65 Permitted Uses ..................................................................................................... 65 Density .................................................................................................................. 65 Streets .................................................................................................................. 65 Street Design Standards ....................................................................................... 67
City of Streetsboro
Table of Contents
Chapter 11.401 Accessory Structures and Fences ........................................................................ 77 Section 11.401.01 Section 11.401.02 Section 11.401.03 Section 11.401.04 Section 11.401.05
General Standards Applicable to All Accessory Structures ................................... 77 1151.21 Accessory Buildings ................................................................................ 77 Attached Decks ..................................................................................................... 78 1151.22 Swimming Pools...................................................................................... 78 1151.23 Fence and Wall REgulations ................................................................... 78
Chapter 11.402 General Provisions ............................................................................................... 80 Section 11.402.01 Section 11.402.02 Section 11.402.03 Section 11.402.04 Section 11.402.05 Section 11.402.06 Section 11.402.07
1151.01 Conditions and Safeguards ..................................................................... 80 1151.03 Special Costs .......................................................................................... 80 Street Network Design Requirements ................................................................... 80 Sidewalks .............................................................................................................. 82 1151.20 Temporary Buildings ............................................................................... 82 Gas and Oil. .......................................................................................................... 82 1151.25 Truck Regulations ................................................................................... 82
Title 1 Purpose & Scope Title 2 Districts & Uses
GENERAL PROVISIONS ...................................................................... 77
Title 3 Special Districts
TITLE 4
Lot Development Standards.................................................................................. 71 Building Design Standards .................................................................................... 72 Civic Space ........................................................................................................... 72 Parking .................................................................................................................. 73 Pattern Book ......................................................................................................... 74 Regulating Plan Approval Process ........................................................................ 75 TNDSpecific Definitions ....................................................................................... 76
Title 4 Gen. Provisions
Section 11.304.10 Section 11.304.11 Section 11.304.12 Section 11.304.13 Section 11.304.14 Section 11.304.15 Section 11.304.16
Table of Contents
Section 11.405.01 Section 11.405.02 Section 11.405.03 Section 11.405.04 Section 11.405.05 Section 11.405.06 Section 11.405.07 Section 11.405.08 Section 11.405.09 Section 11.405.10 Section 11.405.11
1163.01 Purpose ................................................................................................... 93 1163.03 Location, Setbacks, Number of Units and Height .................................... 93 1163.04 Lighting, Design and Noise ..................................................................... 94 1163.05 Applicability ............................................................................................. 95 1163.06 Application, Approval Process and Permit Requirements ....................... 95 1163.07 Contents of Application ........................................................................... 96 1163.08 Maintenance and Abandonment ............................................................. 97 1163.09 Variances ................................................................................................ 97 1163.10 Violations ................................................................................................ 97 1163.11 Administration and Enforcement ............................................................. 97 1163.99 Penalties ................................................................................................. 97
Chapter 11.406 Traffic Impact Analysis ......................................................................................... 99 Section 11.406.01 Study Area ............................................................................................................ 99 Section 11.406.02 Contents................................................................................................................ 99 Section 11.406.03 Traffic Study and Traffic Data Inventory and File ................................................ 100
Chapter 11.407 Development Agreements .................................................................................. 101 Section 11.407.01 Section 11.407.02 Section 11.407.03 Section 11.407.04 Section 11.407.05 Section 11.407.06 Section 11.407.07
Purpose............................................................................................................... 101 Applicability/Eligible Parties ................................................................................ 101 Contents of Development Agreement ................................................................. 101 Governing Ordinances, Rules, Regulations, and Official Policies (Vesting of Property Rights) 102 Review Procedures for Development Agreements ............................................. 102 Effect of Approval ................................................................................................ 103 Periodic Review .................................................................................................. 103
Draft Zoning Ordinance: February 15, 2012
Title 6 Landscaping Title 7 Signs
Chapter 11.405 Wind Energy Conversion Systems ....................................................................... 93
Title 8 Administration
Section 11.404.01 1161.01 Purpose .................................................................................................. 87 Section 11.404.02 1161.02 Use Regulations ..................................................................................... 87
Title 9 Subdivisions
Chapter 11.404 Wireless Communications Facilities ..................................................................... 87
Title 10 LID Standards
Purpose................................................................................................................. 83 Definitions ............................................................................................................. 83 Intensity................................................................................................................. 83 General Provisions ................................................................................................ 84 Standards by Type of Fixture ................................................................................ 85 Exempt Lighting .................................................................................................... 85 Exceptions ............................................................................................................ 86
Title 11 Definitions
Section 11.403.01 Section 11.403.02 Section 11.403.03 Section 11.403.04 Section 11.403.05 Section 11.403.06 Section 11.403.07
Title 5 Parking
Chapter 11.403 Exterior Lighting .................................................................................................... 83
iii
Table of Contents Table of Contents
Section 11.407.08 Modification and Termination .............................................................................. 103 Section 11.407.09 Enforcement ....................................................................................................... 103
Chapter 11.408 Performance Standards ..................................................................................... 104
Title 1 Purpose & Scope
Section 11.408.01 1151.24 General Performance Standards .......................................................... 104 Section 11.408.02 1151.05 Prohibited Uses .................................................................................... 105
TITLE 5
PARKING ............................................................................................. 107
Title 2 Districts & Uses
Chapter 11.501 Generally............................................................................................................ 107 Section 11.501.01 General Standards.............................................................................................. 107
Chapter 11.502 Parking Requirements ....................................................................................... 108
Title 3 Special Districts
Section 11.502.01 Parking Requirements ........................................................................................ 108 Section 11.502.02 1155.02 Minimum Number of Required Spaces ................................................. 110 Section 11.502.03 Modification of Minimum Parking Requirements ................................................. 111
Chapter 11.503 Parking Design Standards ................................................................................. 112 Section 11.503.01 Parking Lot Layout and Design Standards ......................................................... 112 Section 11.503.02 Surfacing ............................................................................................................ 114 Section 11.503.03 OffStreet Loading and Unloading ...................................................................... 115
Title 4 Gen. Provisions
TITLE 6
LANDSCAPING ................................................................................... 117
Chapter 11.601 Generally............................................................................................................ 117
Title 5 Parking Title 6 Landscaping
Section 11.601.01 Section 11.601.02 Section 11.601.03 Section 11.601.04 Section 11.601.05 Section 11.601.06 Section 11.601.07 Section 11.601.08 Section 11.601.09 Section 11.601.10 Section 11.601.11 Section 11.601.12 Section 11.601.13
Purpose and Intent ............................................................................................. 117 Scope ................................................................................................................. 117 Submittal Requirements ..................................................................................... 118 Design Standards ............................................................................................... 118 Walls ................................................................................................................... 118 Irrigation .............................................................................................................. 118 Location of Screening ......................................................................................... 118 Tree Removal ..................................................................................................... 118 Performance Guarantee ..................................................................................... 119 Maintenance ....................................................................................................... 119 Installation .......................................................................................................... 119 Modification of Landscape Requirements ........................................................... 120 Waiver of Requirements ..................................................................................... 120
Title 7 Signs
Chapter 11.602 Site Landscaping Requirements ........................................................................ 121
Title 8 Administration
Section 11.602.01 Section 11.602.02 Section 11.602.03 Section 11.602.04 Section 11.602.05 Section 11.602.06
Parking Lot Landscaping .................................................................................... 121 Loading, Storage, and Service Area Screening .................................................. 122 Stormwater Management Facility Landscaping .................................................. 122 RightofWay Landscaping ................................................................................. 122 Landscaping of Yards in Nonresidential Districts ................................................ 123 Entranceway Landscaping .................................................................................. 123
Chapter 11.603 Screening and Buffering .................................................................................... 124 Section 11.603.01 Buffer Requirements ........................................................................................... 124
Title 9 Subdivisions
Chapter 11.604 Standards for Landscape Materials ................................................................... 128
Title 10 LID Standards
Section 11.604.01 Section 11.604.02 Section 11.604.03 Section 11.604.04 Section 11.604.05 Section 11.604.06
TITLE 7 Title 11 Definitions
iv
General ............................................................................................................... 128 Groundcovers ..................................................................................................... 128 Permitted Landscape Materials .......................................................................... 128 Plant Material Spacing ........................................................................................ 128 Existing Vegetation ............................................................................................. 129 Size and Variety of Plant Materials ..................................................................... 129
SIGNS .................................................................................................. 131
Chapter 11.701 Generally............................................................................................................ 131 Section 11.701.01 1159.01 Purpose and Intent ............................................................................... 131 Section 11.701.02 1159.03 Administration ....................................................................................... 131 Section 11.701.03 1159.06 Illumination of Signs .............................................................................. 133
City of Streetsboro
Table of Contents
Section 11.703.01 Section 11.703.02 Section 11.703.03 Section 11.703.04 Section 11.703.05 Section 11.703.06 Section 11.703.07 Section 11.703.08 Section 11.703.09 Section 11.703.10 Section 11.703.11 Section 11.703.12 Section 11.703.13
Architectural Features ......................................................................................... 141 Commemorative Signs ........................................................................................ 141 Dwelling Unit Sign Plate ...................................................................................... 141 Incidental Signs and/or Symbols ......................................................................... 141 Murals ................................................................................................................. 141 Opinion Signs ...................................................................................................... 141 Parking Lot Identification Signs ........................................................................... 142 Public Signs ........................................................................................................ 142 Real Estate Signs ............................................................................................... 142 Non DriveThrough Restaurant Menu Sign ......................................................... 142 Seasonal Decorations ......................................................................................... 142 Signs Within Buildings ........................................................................................ 143 Vehicles .............................................................................................................. 143
Chapter 11.704 Signs Allowed With a Permit .............................................................................. 144 Section 11.704.01 Section 11.704.02 Section 11.704.03 Section 11.704.04 Section 11.704.05 Section 11.704.06 Section 11.704.07 Section 11.704.08
Signs Allowed With a Permit ............................................................................... 144 Building Mounted Signs ...................................................................................... 144 Ground Signs ...................................................................................................... 145 Development Entrance Signs .............................................................................. 146 OnSite Directional Signs .................................................................................... 147 Building Directory Signs ...................................................................................... 147 Window Signs ..................................................................................................... 147 1159.08 Temporary Signs ................................................................................... 147
Chapter 11.705 1159.18 Nonconforming Signs ........................................................................... 149 Section 11.705.01 Nonconforming Signs .......................................................................................... 149
1105.01 Zoning Inspector ................................................................................... 151 Planning Commission ......................................................................................... 152 Board of Appeals ................................................................................................ 152 1107.08 Schedule of Fees, Charges and Expenses .......................................... 153 1107.09 Financial Guarantees ........................................................................... 153
Chapter 11.802 Permits ................................................................................................................ 154 Section 11.802.01 Section 11.802.02 Section 11.802.03 Section 11.802.04 Section 11.802.05 Section 11.802.06 Section 11.802.07 Section 11.802.08 Section 11.802.09
1107.01 Zoning Certificates Required ................................................................ 154 1107.02 Application for Zoning Certificate ......................................................... 154 1151.27 Zoning Certificate Based on Sanitary Sewerage Disposal Facility Approval 154 1151.28 Effective Regulations at Receipt of Application .................................... 155 1107.04 Issuance of Zoning Certificates ............................................................ 155 1107.05 Expiration of Zoning Certificates .......................................................... 155 1107.03 Conditional Zoning Certificates ............................................................ 155 Temporary Use Permits ...................................................................................... 155 1107.06 Certificate of Occupancy ...................................................................... 155
Chapter 11.803 Regulating Plan Review ..................................................................................... 156
Title 1 Purpose & Scope Title 2 Districts & Uses Title 9 Subdivisions
Section 11.801.01 Section 11.801.02 Section 11.801.03 Section 11.801.04 Section 11.801.05
Title 10 LID Standards
Chapter 11.801 Administrative Organization and Responsibilities .............................................. 151
Title 8 Administration
ADMINISTRATION .............................................................................. 151
Title 11 Definitions
TITLE 8
Title 3 Special Districts
Chapter 11.703 1159.22 Signs Allowed Without a Permit ........................................................... 141
Title 4 Gen. Provisions
Section 11.702.01 Prohibited Signs .................................................................................................. 140
Title 5 Parking
Chapter 11.702 1159.21 Prohibited Signs ................................................................................... 140
Title 6 Landscaping
1159.07 Computation and Rules of Measurement .............................................. 134 Location Standards for All Signs ......................................................................... 135 General Standards .............................................................................................. 135 1159.05 Design Standards.................................................................................. 136 Changeable Copy and Electronic Message Center Signs .................................. 136 Substitution ......................................................................................................... 137 1159.17 Maintenance of Signs ............................................................................ 137 1159.19 Abandoned Signs .................................................................................. 138 1159.23 Nuisance ............................................................................................... 138 1159.24 Removal of Signs .................................................................................. 138 1159.99 Penalties ............................................................................................... 139
Title 7 Signs
Section 11.701.04 Section 11.701.05 Section 11.701.06 Section 11.701.07 Section 11.701.08 Section 11.701.09 Section 11.701.10 Section 11.701.11 Section 11.701.12 Section 11.701.13 Section 11.701.14
Table of Contents
Section 11.803.01 Purpose and Applicability .................................................................................... 156
Draft Zoning Ordinance: February 15, 2012
v
Table of Contents Table of Contents
Section 11.803.02 Submittal Requirements ..................................................................................... 156 Section 11.803.03 Review Procedure .............................................................................................. 157 Section 11.803.04 Site Plans and Permits ....................................................................................... 159
Title 1 Purpose & Scope
Chapter 11.804 Site Plan Review ................................................................................................ 160
Title 2 Districts & Uses
Section 11.804.01 Section 11.804.02 Section 11.804.03 Section 11.804.04 Section 11.804.05 Section 11.804.06 Section 11.804.07 Section 11.804.08 Section 11.804.09
1152.01 Purpose ............................................................................................... 160 Type of Plan Review Required ........................................................................... 160 Preapplication Conference ................................................................................ 162 Site Plan Review Procedure ............................................................................... 163 Standards for Approval ....................................................................................... 164 Conformance with Approved Site Plan ............................................................... 165 General Provisions ............................................................................................. 165 1152.12 Design Guidelines ................................................................................ 166 Required Information .......................................................................................... 169
Chapter 11.805 Conditional Land Use Review ........................................................................... 173
Title 3 Special Districts
Section 11.805.01 Section 11.805.02 Section 11.805.03 Section 11.805.04
1153.01 Purpose ............................................................................................... 173 1153.02 Application Procedures ........................................................................ 173 1153.03 Basis of Determination ......................................................................... 175 1153.04 Regulations Pertaining to Conditional Uses ......................................... 177
Chapter 11.806 Variances and Appeals ...................................................................................... 178 Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
vi
Section 11.806.01 Section 11.806.02 Section 11.806.03 Section 11.806.04 Section 11.806.05 Section 11.806.06 Section 11.806.07 Section 11.806.08 Section 11.806.09 Section 11.806.10 Section 11.806.11
Intent and Purpose ............................................................................................. 178 Stay of Proceedings ............................................................................................ 178 Standing ............................................................................................................. 178 Application to the Board of Appeals .................................................................... 178 1105.12 Application requirements ..................................................................... 179 1105.14 Public Hearing by the Board of Appeals .............................................. 180 Standards for Variances and Appeals ................................................................ 180 1105.18 Action by the Board of Appeals ............................................................ 181 1105.09 Appeal on Decision of the Board of Appeals........................................ 182 Record of Decision and Order ............................................................................ 182 Approval Period .................................................................................................. 182
Chapter 11.807 Nonconformities ................................................................................................. 183 Section 11.807.01 Section 11.807.02 Section 11.807.03 Section 11.807.04 Section 11.807.05 Section 11.807.06 Section 11.807.07 Section 11.807.08 Section 11.807.09 Section 11.807.10 Section 11.807.11 Section 11.807.12
1157.01 Intent and Purpose .............................................................................. 183 Nonconforming Uses of Land ............................................................................. 183 Nonconforming Structures .................................................................................. 184 Nonconforming Lots of Record ........................................................................... 184 Nonconforming Sites .......................................................................................... 185 Class A Nonconforming Designation .................................................................. 185 Substitution of Nonconforming Uses of Land ...................................................... 187 Change of Tenancy or Ownership ...................................................................... 188 Appeals ............................................................................................................... 188 Cessation of a Nonconforming Use of Land by City Action ................................ 188 Certificates of Nonconforming Use ..................................................................... 188 1157.03 Continuation of Conditionally Permitted Uses ...................................... 188
Chapter 11.808 Amendments ...................................................................................................... 189 Section 11.808.01 Section 11.808.02 Section 11.808.03 Section 11.808.04 Section 11.808.05 Section 11.808.06 Section 11.808.07 Section 11.808.08
1109.02 Initiation of Amendments ..................................................................... 189 1109.03 Contents of Application for Amendment to Zoning Ordinance ............. 189 1109.04 Mandatory Referral to Planning Commission ....................................... 190 1109.05 Public Hearing by Council .................................................................... 190 1109.06 Action By Council ................................................................................. 191 1109.07 Effective Date ...................................................................................... 191 1109.08 Annexation ........................................................................................... 191 1109.09 Amendments to Definitions .................................................................. 191
Chapter 11.809 Enforcement, Violations and Remedies ............................................................ 192 Section 11.809.01 1107.10 Violations ............................................................................................. 192 Section 11.809.02 1107.11 Remedies ............................................................................................. 192
TITLE 9
SUBDIVISIONS .................................................................................... 195
Chapter 11.901 1171 Purpose and Interpretation ....................................................................... 195
City of Streetsboro
Table of Contents
Chapter 11.903 1177 Procedures ................................................................................................ 198 Section 11.903.01 Section 11.903.02 Section 11.903.03 Section 11.903.04
1177.01 Purpose ................................................................................................. 198 1177.02 Classification and Determination of Subdivision Type........................... 198 1177.03 Minor Subdivision .................................................................................. 198 1177.04 Major Subdivision .................................................................................. 199
Chapter 11.904 1179 Plan and Plat Specifications ...................................................................... 203 Section 11.904.01 Section 11.904.02 Section 11.904.03 Section 11.904.04 Section 11.904.05
1179.01 Purpose ................................................................................................. 203 1179.02 Preliminary Discussion Map .................................................................. 203 1179.03 Preliminary Plan .................................................................................... 203 1179.04 Improvement Plans and Specifications ................................................. 205 1179.05 Plat ........................................................................................................ 205
Title 1 Purpose & Scope
1175.01 Administration ....................................................................................... 196 1175.02 Recording of Plat................................................................................... 196 1175.03 Sale of Land in Subdivision ................................................................... 196 1175.04 Revision of Plat After Approval ............................................................. 196 1175.05 Fees ...................................................................................................... 196 1175.06 Variances .............................................................................................. 196 1175.07 Appeals ................................................................................................. 197 1175.08 Severability ........................................................................................... 197 1175.09 Acceptance Ordinance for Streets, Easements and Deedicated Open Spaces 197 1175.10 Repeal ................................................................................................... 197 1175.99 Penalty .................................................................................................. 197
Title 2 Districts & Uses
Section 11.902.01 Section 11.902.02 Section 11.902.03 Section 11.902.04 Section 11.902.05 Section 11.902.06 Section 11.902.07 Section 11.902.08 Section 11.902.09 Section 11.902.10 Section 11.902.11
Title 3 Special Districts
Chapter 11.902 1175 Administration and Enforcement ............................................................... 196
Title 4 Gen. Provisions
1171.01 Official Name ........................................................................................ 195 1171.02 Purpose ................................................................................................. 195 1171.03 Authority ................................................................................................ 195 1171.04 Interpretation ......................................................................................... 195
Title 5 Parking
Section 11.901.01 Section 11.901.02 Section 11.901.03 Section 11.901.04
Table of Contents
TITLE 10
LOWIMPACT DEVELOPMENT STANDARDS .................................. 219
Chapter 11.1001 Riparian and Wetland Setback Regulations ..................................................... 219 Section 11.1001.01 Section 11.1001.02 Section 11.1001.03 Section 11.1001.04 Section 11.1001.05 Section 11.1001.06 Section 11.1001.07 Section 11.1001.08 Section 11.1001.09 Section 11.1001.10 Section 11.1001.11 Section 11.1001.12 Section 11.1001.13
1191.01 Comprehensive Storm Water Management Plan ................................ 219 1191.02 Purpose ............................................................................................... 219 1191.03 Disclaimer of Liability .......................................................................... 219 1191.04 Conflicts, Severability, Nuisances and Responsibility ......................... 219 1191.05 Effective Date ...................................................................................... 220 1191.07 Scope .................................................................................................. 220 1191.08 Consultations ...................................................................................... 220 1191.09 Riparian and Wetland Setback Requirements .................................... 220 1191.10 Establishment of Designated Watercourses and Riparian Setbacks... 221 1191.11 Establishment of Wetland Setbacks .................................................... 223 1191.12 Procedure for Wetland Setbacks ........................................................ 223 1191.13 Uses Permitted in Riparian and Wetland Setbacks ............................. 224 1191.14 Uses Prohibhted in Riparian and Wetland Setbacks ........................... 225
Draft Zoning Ordinance: February 15, 2012
Title 7 Signs Title 8 Administration
Section 11.906.01 1183.01 Required Improvements ........................................................................ 211 1183.02 Oversize and/or OffSite Improvements ............................................................................ 216 Section 11.906.02 ................................................................................................................................ 216 Section 11.906.03 1183.03 Construction Requirements ................................................................... 216 Section 11.906.04 1183.04 Agreements and Guarantees ................................................................ 217
Title 9 Subdivisions
Chapter 11.906 1183 Improvement Requirements and Specifications ........................................ 211
Title 10 LID Standards
1181.01 Physical Conditions ............................................................................... 208 1181.02 Streets ................................................................................................... 208 1181.03 Easements ............................................................................................ 209 1181.04 Blocks ................................................................................................... 209 1181.05 Lots ....................................................................................................... 209 1181.06 Public Sites and Open Space ............................................................... 210 1181.07 Conformity with Land Use and Thoroughfare Plan................................ 210
Title 11 Definitions
Section 11.905.01 Section 11.905.02 Section 11.905.03 Section 11.905.04 Section 11.905.05 Section 11.905.06 Section 11.905.07
Title 6 Landscaping
Chapter 11.905 1181 Design Standards ...................................................................................... 208
vii
Table of Contents Table of Contents Title 1 Purpose & Scope
Section 11.1001.14 Section 11.1001.15 Section 11.1001.16 Section 11.1001.17 Section 11.1001.18 Section 11.1001.19
1191.15 NonConforming Structures or Uses in Riparian and/or Wetland Setbacks 226 1191.16 Variances Within Riparian and/or Wetland Setbacks .......................... 226 1191.17 Boundary Interpretation and Appeals Procedure ................................ 228 1191.18 Inspection of Riparian and Wetland Setback ...................................... 229 1191.19 Violations ............................................................................................ 229 1191.99 Penalties ............................................................................................. 229
Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations 235
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
Section 11.1002.01 Section 11.1002.02 Section 11.1002.03 Section 11.1002.04 Section 11.1002.05 Section 11.1002.06 Section 11.1002.07 Section 11.1002.08 Section 11.1002.09 Section 11.1002.10 Section 11.1002.11 Section 11.1002.12 Section 11.1002.13 Section 11.1002.14 Section 11.1002.15 Section 11.1002.16 Section 11.1002.17 Section 11.1002.18
1193.01 Comprehensive Storm Water Management Plan ................................ 235 1193.02 Purpose .............................................................................................. 235 1193.03 Disclaimer of Liability .......................................................................... 236 1193.04 Conflicts, Severability, Nuisances, and Responsibility ........................ 236 1193.05 Effective Date ..................................................................................... 236 1193.07 Scope ................................................................................................. 236 1193.08 Consultations ...................................................................................... 236 1193.09 Issuance of Building Permits for Residential Projects ......................... 236 1193.10 Construction Site Conservation Plan .................................................. 237 1193.11 Easements .......................................................................................... 240 1193.12 Maintenance ....................................................................................... 240 1193.13 Minimum Standards ............................................................................ 241 1193.14 Stream Channel and Floodplain Erosion Design Criteria .................... 248 1193.15 Compliance With Other Rules and Regulations .................................. 250 1193.16 Construction and Maintenance Guarantee ......................................... 250 1193.17 Application Procedures for Construction Conservation Plans (CPP) .. 252 1193.18 Violations ............................................................................................ 252 1193.99 Penalties ............................................................................................. 252
Title 5 Parking
Chapter 11.1003 PostConstruction Water Quality Runoff Regulations ..................................... 254
Title 6 Landscaping Title 7 Signs Title 8 Administration
Section 11.1003.01 Section 11.1003.02 Section 11.1003.03 Section 11.1003.04 Section 11.1003.05 Section 11.1003.06 Section 11.1003.07 Section 11.1003.08 Section 11.1003.09 Section 11.1003.10 Section 11.1003.11 Section 11.1003.12 Section 11.1003.13 Section 11.1003.14 Section 11.1003.15 Section 11.1003.16 Section 11.1003.17
TITLE 11
1195.01 Comprehensive Storm Water Management Plan ................................ 254 1195.02 Purpose .............................................................................................. 254 1195.03 Disclaimer of Liability .......................................................................... 254 1195.04 Conflicts, SEverability, Nuisances, and Responsibility ....................... 255 1195.05 Effective Date ..................................................................................... 255 1195.07 Scope ................................................................................................. 255 1195.08 Consultations ...................................................................................... 255 1195.09 PostConstruction Water Quality Control Plan .................................... 255 1195.10 Easements .......................................................................................... 259 1195.11 Maintenance ....................................................................................... 260 1195.12 Minimum Standards ............................................................................ 261 1195.13 Alternative Actions .............................................................................. 262 1195.14 Compliance With Other Rules and REgulations ................................. 263 1195.15 Construction and Maintenance Guarantee ......................................... 263 1195.16 Application Procedures for Post Construction Water Qualty Plans ..... 264 1195.17 Violations ............................................................................................ 266 1195.99 Penalties ............................................................................................. 266
DEFINITIONS ....................................................................................... 267
Title 9 Subdivisions
Chapter 11.1101 Generally ......................................................................................................... 267 Section 11.1101.01 Rules of Construction ....................................................................................... 267
Chapter 11.1102 General Definitions .......................................................................................... 268 Chapter 11.1103 Use Definitions ................................................................................................. 280
Title 10 LID Standards Title 11 Definitions
viii
Section 11.1103.01 Section 11.1103.02 Section 11.1103.03 Section 11.1103.04 Section 11.1103.05 Section 11.1103.06
Agricultural Use Definitions ............................................................................... 280 Residential Use Definitions ............................................................................... 280 Community, Civic, and Institutional Use Definitions .......................................... 281 Commercial, Office, and Service Use Definitions ............................................. 282 Industrial and Extraction Use Definitions .......................................................... 286 Accessory, Temporary, and Other Use Definitions ........................................... 289
Chapter 11.1104 Sign Definitions ................................................................................................ 290 Chapter 11.1105 1173 Subdivision Definitions ........................................................................... 293
City of Streetsboro
Table of Contents
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Figure 1. Clear Vision Area ............................................................................................................................. 12 Figure 2. TND Corner Clear Vision Area ........................................................................................................ 67 Figure 3. Street Zones .................................................................................................................................... 69 Figure 4. Pedestrian Zone............................................................................................................................... 69 Figure 5. Effective Turing Radius .................................................................................................................... 76 Figure 6. Street Connectivity Index Calculation ............................................................................................... 81 Figure 7. Light Fixture Orientation and Shielding............................................................................................ 84 Figure 8. Parking Lot Double Striping ........................................................................................................... 114 Figure 9: Calculation of Sign Area ................................................................................................................ 134 Figure 10. Building Height .............................................................................................................................. 269 Figure 11. Lot Types ...................................................................................................................................... 272 Figure 12. Setback Terms .............................................................................................................................. 275 Figure 13. Determination of Basement vs. Story .......................................................................................... 276
Title 2 Districts & Uses
TABLE OF FIGURES
Title 3 Special Districts
Chapter 11.1107 Index of Terms .................................................................................................. 303
Title 4 Gen. Provisions
Chapter 11.1106 Environmental Definitions ................................................................................. 294
Table of Contents
Draft Zoning Ordinance: February 15, 2012
ix
Short Title, Purpose and Scope Title 1
Titles One, Three and Five of this Part Eleven [Update per input from JP. re: codification] - Planning and Zoning Code shall be known as the "Zoning Ordinance of the City of Streetsboro, Ohio" and is referred to herein as this Zoning Ordinance or this Ordinance.
Section 11.101.02 1101.02 INTERPRETATION In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
Section 11.101.03 1101.03 CONFLICT Whenever the regulations of this Zoning Ordinance conflict with any other lawfully adopted rules, regulations or ordinances, private deed restrictions or private covenants, the more restrictive or that imposing the highest standards shall govern.
Section 11.101.04 1151.02 INCONSISTENCIES
Title 1 Purpose & Scope Title 2 Districts & Uses
Section 11.101.01 1101.01 TITLE
Title 3 Special Districts
Generally
Title 4 Gen. Provisions
Chapter 11.101
Title 5 Parking
Title 1 SHORT TITLE, PURPOSE AND SCOPE
Table of Contents
Generally Chapter 11.101
If any section, subsection or any provision or provisions of this Zoning Ordinance or amendments thereto, are held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance or amendments thereto.
Section 11.101.07 1101.05 REPEALER All existing ordinances of Streetsboro, Ohio pertaining to zoning that are inconsistent herewith are hereby repealed.
Section 11.101.08 1101.06 EFFECTIVE DATE
Title 7 Signs Title 11 Definitions
This Zoning Ordinance shall take effect and be in force from and after the earliest date allowed by law.
Title 8 Administration
Section 11.101.06 1101.04 VALIDITY AND SEPARABILITY
Title 9 Subdivisions
All uses and associated premises, buildings, structures, activities, roads, parking areas, utilities, construction, shall be in compliance with the City subdivision regulations, applicable building codes and health code and all other applicable regulations adopted by Council and administered by Streetsboro and State building departments and County and State health departments.
Title 10 LID Standards
Section 11.101.05 1151.07 COMPLIANCE WITH OTHER APPLICABLE REGULATIONS
Title 6 Landscaping
In the event any of the requirements or regulatory provisions of these regulations are found to be inconsistent one with another, the more restrictive or greater requirements shall be deemed in each case to be applicable.
Draft Zoning Ordinance: February 15, 2012
1
Zoning Districts and Uses Title 2
In order to classify, regulate and restrict the location of trades, residences, recreation and other land uses and the location of buildings, designed for special uses, to regulate and limit the height, bulk, number of stories and size of buildings and other structures hereafter erected or altered, to regulate and limit the amount of lot area which may be occupied, setback lines, size of yards, courts and other open spaces within and surrounding such buildings, the density of population, the incorporated territory of Streetsboro, Portage County, Ohio is hereby divided into zone districts. All such regulations are uniform for each building, structure or use within each zone district. The City is divided into zoning districts as follows:
Table 1. Zoning Districts Established General Zoning Districts
Special Purpose Zoning Districts
O‐C
Open Space Conservation District
FP
Flood Plain Overlay District
R‐R
Rural Residential District
R‐4
Manufactured Home District
R‐1
Low Density Urban Residential District
R‐G
Residential‐Golf Course Community District
R‐2
Medium Density Urban Residential District
TND
TND Option Overlay District
R‐3
Multi‐Family Urban Residential District
B B‐R
Title 1 Purpose & Scope
Office District Business Transitional District Business District Regional Business District Downtown District Industrial Research and Office District Title 7 Signs
D I‐1
Title 6 Landscaping
O B‐N
Title 2 Districts & Uses
Section 11.201.01 11.21.01 ZONING DISTRICTS
Title 3 Special Districts
Zoning Districts
Title 4 Gen. Provisions
Chapter 11.201
Title 5 Parking
Title 2 ZONING DISTRICTS AND USES
Table of Contents
Zoning Districts Chapter 11.201
C. The zoning districts map contains notations for R-PUD Planned Unit Residential Developments that were approved prior to the R-PUD district being rescinded by Ordinance 2004-102. Those developments are subject to the provisions of the specific the PUD agreement approved in conjunction with each development.
Section 11.201.03 1121.04 INTERPRETATION OF DISTRICT BOUNDARIES
Title 9 Subdivisions
B. The original or master of such Zoning Districts Map shall be retained in City offices, maintained current with amendments and be available to the public.
Title 10 LID Standards
A. The districts and their boundary lines are indicated upon a map entitled "Zoning Districts Map of the City of Streetsboro, Portage County, Ohio" which map is part of this Zoning Ordinance. The Zoning Districts Map together with all notations, references and other matters shown thereon are hereby declared a part of this Zoning Ordinance.
Title 8 Administration
Section 11.201.02 1121.03 ZONING DISTRICTS MAP
A. Where Boundaries Approximately Follow Streets, Alleys or Highways. Where district boundaries are indicated as approximately following the center line or right-of-way lines of streets, the center line or alley line of alleys,
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Districts Map, the following rules shall apply:
3
Title 2 Zoning Districts and Uses Chapter 11.201 Zoning Districts Table of Contents
or the center line or right-of-way lines of highways, such lines shall be construed to be such district boundaries.
Title 1 Purpose & Scope
B. Where Boundaries Parallel Street Right-of-Way Lines, Alley Lines, or Highway Right-of-Way Lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets, the center lines or alley lines of alleys, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map.
Title 2 Districts & Uses
C. Where Boundaries Approximately Follow Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.
Title 3 Special Districts
D. Where Boundaries Do Not Follow or Parallel Street, Alley, Highway or Lot Lines. Where district boundaries are so indicated that they do not follow or parallel street, alley, highway, or lot lines, but do connect points established by the intersection of such lines, such straight lines connecting such points shall be construed to be the district boundaries. Where district boundaries are so indicated that they follow topographical features, such lines shall be construed as following the center line of such features. The location of such topographical features shall be determined by use of the scale shown on the Zoning Map.
Title 4 Gen. Provisions
E. Where Boundaries Follow USGS Contours. Where district boundaries are indicated by the land below the USGS contour elevation such as the Flood Plain Area the pool elevation at the original lot line shall be designated on the zoning map. For the specific location falling between the original lot lines the local pool elevation shall be calculated using the straight line interpolation method.
Title 5 Parking
F. Vacation of Public Ways. Whenever any street, alley or public way is vacated in the manner authorized by law the zoning districts adjoining each side of the street, alley or public way shall be automatically extended to the center of such vacations and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
Title 6 Landscaping
Section 11.201.04 ZONING DISTRICT PURPOSE STATEMENTS A. O-C Open Space Conservation District. The purpose of the O-C Open Space Conservation District is: 1. To preserve and protect the value of distinctive geologic, topographic, botanic, historic or scenic areas; 2. To protect the ecological balance of an area;
Title 7 Signs
3. To conserve natural resources, such as river valleys, and tracts of forest land; and 4. To reduce the problems created by intensive development of areas having excessively high water tables, or which are subject to flooding, or which are topographically unsuited for urban type uses.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
4
The O-C district is used to implement the Comprehensive Plan within areas designated for ConservationPriority 1 and Park/Recreation future land uses. B. R-R Rural Residential District. The purpose of the R-R district is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the City. These areas may or may not be serviced by municipal water and sanitary sewer. The R-R district is used to implement the Comprehensive Plan within areas designated for Rural Residential future land uses. C. R-1 Low Density Urban Residential District. The purpose of the R-1 district is to accommodate single- family residential use along existing streets and to promote single-family residential development (involving the extension of new streets) where sanitary sewer and municipal water are available. The densities are intended to provide for areas of suburban character in the community and to prevent excessive demands on sewerage and water systems, streets, schools and other community facilities. The R-1 district is used to implement the Comprehensive Plan within areas designated for Low Density Residential future land uses. D. R-2 Medium Density Urban Residential District. The purpose of the R-2 district is to encourage relatively greater density residential development in areas generally adjacent to the built up sections of the community
City of Streetsboro
Zoning Districts and Uses Title 2
K. B-N Neighborhood Business District. The purpose of the B-N district is to accommodate the sale of convenience retail goods and personal services purchased frequently for daily or weekly needs. The purpose of this district is to encourage groupings of establishments located on a unified site providing adequate off street parking as well as an efficient and safe method of handling vehicles and pedestrian traffic. The B-N district is used to implement the Comprehensive Plan within areas designated for Neighborhood Commercial future land uses. L. B Business District. The purpose of the B district is to provide or promote uses principally to accommodate the sale of retail goods, personal services and administrative establishments, thereby encouraging local or regional shopping areas. It is intended that the design of this district will encourage grouping of business establishments located on a unified site providing adequate off-street parking facilities as well as an efficient and safe method for handling vehicular and pedestrian traffic. The B district is used to implement the Comprehensive Plan within areas designated for Transitional Mixed Use Corridor future land uses. M. B-R Regional Commercial District. The purpose of the B-R district is to provide for regional commercial uses which are compatible with highway travel. The purpose of this district is to accommodate local or regional shopping areas which rely upon automobile travel. Where possible, access roads with controlled egress and ingress to highways and local roads should be encouraged. The B-R district is used to implement the Comprehensive Plan within areas designated for Commercial Redevelopment Corridor future land uses. N. D Downtown District. The purpose of the D district is to provide for mixed use centers with a significant retail, office and commerce element. Residential uses are also appropriate when provided in a mixed-use environment. This district is intended to have a primarily pedestrian scale, and is not intended for automotiveoriented uses or activities. The D district is used to implement the Comprehensive Plan within areas designated for Downtown future land uses. O. I-1 Industrial Research and Office District. The purposes of the I-1 district are: 1. To provide an environment exclusively for and conducive to the development and protection of modern, administrative facilities and research institutions that are office-like in physical appearance and service requirements. 2. To provide for and accommodate industrial uses in the fields of repair, storage, manufacturing, processing, wholesaling and distribution, free from the encroachment of residential, retail and institutional uses unless otherwise specified in this ordinance. The uses allowed are those which because of their normally unobjectionable characteristics, can be in relatively close proximity to residential and commercial districts.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
J. O Office District. The purpose of the O district is established for employment and community service activities. Some support facilities are also permitted when compatible with surrounding uses. The O district is designed for moderate to high intensity development, and so is appropriate for sites that have visibility from I-80 and that have convenient access to arterial streets. The O district is used to implement the Comprehensive Plan within areas designated for Office future land uses.
Title 5 Parking
TND Traditional Neighborhood Development Option Overlay District. See !"#$%&'())*+,.*,).
Title 6 Landscaping
I.
Title 7 Signs
H. R-G Residential-Golf Course Community District. See !"#$%&'())*+,+*,).
Title 8 Administration
G. R-4 Manufactured Home District. See !"#$%&'())*+,-*,).
Title 9 Subdivisions
F. FP Flood Plain Overlay District. See !"#$%&'())*+,)*,).
Title 10 LID Standards
E. R-3 Multi-Family Urban Residential District. The purpose of the R-3 district is to encourage multi-family development at densities up to six dwelling units per acre in areas adjacent to community shopping facilities. Development is to consist primarily of multi-family dwellings in groupings which will provide for the efficient development and utilization of community facilities. The R-3 district is used to implement the Comprehensive Plan within areas designated for High Density Residential future land uses.
Title 11 Definitions
or in areas of existing development of such density, and thereby providing a more orderly and efficient extension of public facilities. The development is to consist of single-family dwelling units and only in areas served with municipal water and sanitary sewer. The R-2 district is used to implement the Comprehensive Plan within areas designated for Medium Density Residential future land uses.
Table of Contents
Zoning Districts Chapter 11.201
5
Title 2 Zoning Districts and Uses Chapter 11.201 Zoning Districts Table of Contents
Title 1 Purpose & Scope
Title 2 Districts & Uses
Title 3 Special Districts
Title 4 Gen. Provisions
Title 5 Parking
Title 6 Landscaping
Title 7 Signs
Title 8 Administration
Title 9 Subdivisions
Title 10 LID Standards
Title 11 Definitions
City of Streetsboro
6
The I-1 district is used to implement the Comprehensive Plan within areas designated for Industrial future land uses.
Zoning Districts and Uses Title 2
B. Attached Accessory Structures Considered Part of Principal Structure. Attached accessory garages and other structures, and enclosed porches, patios, terraces and decks shall be deemed a part of such main building for the purpose of determining compliance with the yard requirements of this Ordinance. C. Net Lot Area and Open Space Calculations. 1. For purposes of compliance with this ordinance, the term lot area shall mean net lot area. Lakes, ponds, jurisdictional wetlands, utility easements, public street rights-of-way and private road easements are excluded from area calculations for net lot area. 2. No space which for the purpose of a building has been counted or calculated as part of a side yard, rear yard, front yard or other open spaces required by these regulations may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of, or for, any other building.
Section 11.202.02 SCHEDULE OF REGULATIONS A. Schedule of Regulations. The following Table 2 is the schedule of regulations and presents the minimum and maximum dimension, volume, and density requirements for each zoning district within the City. B. Footnotes to the Schedule of Regulations. Superscript text in parentheses in any cell in the schedule of regulations is a reference to one of the footnotes in !"#$%&'())*-,-*,+ following the table. C. Unit of Measurement. All requirements in the following table are in feet unless otherwise noted.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
D. Riparian and Wetland Setbacks. The riparian and wetland setback requirements of /012$"3())*),,)(when applicable) supersede any of the setback requirements of the schedule of regulations.
Title 3 Special Districts
A. Minimum Yard Setback Requirements. The minimum yard setback requirements listed in Table 2 shall be measured from the property line or the edge of the planned right-of-way if one exists, existing right-of-way if a planned right-of-way does not exist, or road easement when the property line extends to the centerline of the road, unless specifically noted otherwise.
Title 4 Gen. Provisions
The following standard methods of measurement are used in applying the dimensional requirements established in this Ordinance.
Title 5 Parking
Section 11.202.01 STANDARD METHODS OF MEASUREMENT
Title 6 Landscaping
The regulations in this chapter establish minimum, and in some cases maximum dimensional standards for development in the various zoning districts.
Title 7 Signs
Schedule of Regulations
Title 8 Administration
Chapter 11.202
Table of Contents
Schedule of Regulations Chapter 11.202
Draft Zoning Ordinance: February 15, 2012
7
Title 2 Zoning Districts and Uses Chapter 11.202 Schedule of Regulations Table of Contents
Table 2. Schedule of Regulations Minimum Lot
Title 1 Purpose & Scope
Zoning District O‐C
Net Area
Frontage
﴾sq. ft.﴿ 87,120
Minimum Yard Setback ﴾A﴿ Width
Side
Side
Max. Max. Building Density ﴾B﴿ Height ﴾units/acre﴿
﴾at street﴿
﴾at building line﴿
Front
150
200
100
25
100
50
﴾C﴿
50
175
130
25
130
130
34
﴾C, D﴿
60
200
150
30
150
150
34
0.4
﴾C﴿
50
130
130
15
130
100
34
0.67
﴾interior﴿ ﴾street﴿
Rear
R‐R!!
34
0.5
34
Title 2 Districts & Uses
"#$%&!'()*+)%&!*+,''+!-.*"%)+",/!*'-',!
87,120
!"#$%&!'()*+)%&!*+,''+!-.$!*"%)+",/!*'-',! 108,900 "#$%&!%'-!*+,''+!-.*"%)+",/!*'-',! "#$%&!%'-!*+,''+!-.$!*"%)+",/!*'-',!
65,340
87,120 ﴾C, D﴿
0.5
50
150
150
20
150
120
34
0.5
﴾C﴿
50
100
45
10
45
50
34
1.6
﴾C, D﴿
50
150
150
20
150
120
34
0.5
﴾C﴿
40
80
40
8
40
50
34
2.18
87,120 ﴾C, D﴿
50
150
150
20
150
120
34
0.5
$%'67"8)#/!5'+"49'5!5-'##)%&!
13,000 ﴾C﴿
70
‐‐
20
10
20
10
34
2.68
+-$67"8)#/!5-'##)%&!
18,000 ﴾C﴿
100
‐‐
20
10
20
10
34
3.88
20,000
100
‐‐
20
15
20
15
34
4.8
0
50
0
15 ﴾F﴿
10
25
25
40
‐‐
!-9'%!"5:"4'%+!+$!%$%6,'*)5'%+)"#!5)*+,)4+
40,000
150
‐‐
15 ﴾F﴿
10
15
25
40
8
!-9'%!"5:"4'%+!+$!,'*)5'%+)"#!5)*+,)4+
40,000
150
‐‐
15 ﴾F﴿
25
15
40
40
8
!-9'%!"5:"4'%+!+$!%$%6,'*)5'%+)"#!5)*+,)4+!
10,000
50
‐‐
20 ﴾F﴿
0
5
20
34
8
!-9'%!"5:"4'%+!+$!,'*)5'%+)"#!5)*+,)4+!
10,000
50
‐‐
20 ﴾F﴿
25
5
40
34
8
!-9'%!"5:"4'%+!+$!%$%6,'*)5'%+)"#!5)*+,)4+!
10,000
50
‐‐
25
20
25
40
18
!-9'%!"5:"4'%+!+$!,'*)5'%+)"#!5)*+,)4+!
10,000
50
‐‐
25
75
40
40
18
!-9'%!"5:"4'%+!+$!%$%6,'*)5'%+)"#!5)*+,)4+!
0
0
0
0 ﴾F﴿
0
0
10
40
18
!-9'%!"5:"4'%+!+$!,'*)5'%+)"#!5)*+,)4+!
0
0
0
0 ﴾F﴿
20
0
40
40
18
-9'%!"5:"4'%+!+$!%$%6,'*)5'%+)"#!5)*+,)4+!
43,560
125
‐‐
50
25
25
50 ﴾G﴿
‐‐
-9'%!"5:"4'%+!+$!,'*)5'%+)"#!5)*+,)4+!
43,560
125
‐‐
150
150
150
50 ﴾G﴿
‐‐
R‐1
-.*"%)+",/!*'-',!0!123#)4!-"+',
Title 3 Special Districts
-.$!*"%)+",/!*'-',!0!123#)4!-"+',
R‐2!!
-.*"%)+",/!*'-',!0!123#)4!-"+', -.$!*"%)+",/!*'-',!"%5!123#)4!-"+',
Title 4 Gen. Provisions
R‐3!!
"%/!$+9',!2*'!
O
21,780 87,120
16,000
B‐N! ! ﴾E﴿
Title 5 Parking
B!﴾E﴿!
"11#)4"3#'!+$!"##!1",4'#*
Title 6 Landscaping
B‐R! ! ﴾E﴿
D!﴾E﴿!
Title 7 Signs
I‐1!!
Title 8 Administration
F‐P
See ;9"1+',!<<=>?<
R‐4
See ;9"1+',!<<=>?@
R‐G
See ;9"1+',!<<=>?>
Title 9 Subdivisions
4&$"5($&($0"(!#0"678"(&9(:";781$%&'5<((
Title 10 LID Standards
!
!72"35#3%2$($"=$(%'(213"'$0"5"5(%'(1'>(#"88(%'($0"(1?&@"(A1?8"(-(%5(1(3"9"3"'#"($&(&'"(&9($0"(9&&$'&$"5(%'( $0"(9&88&B%';(!"#$%&'())*-,-*,+*(
!
Chenever the term “existing street” is used in the above A1?8"(-D(%$(E"1'5(1'("=%5$%';(6"6%#1$"6(1'6( 1##"2$"6(27?8%#(5$3""$*
Title 11 Definitions
8
City of Streetsboro
Zoning Districts and Uses Title 2
1. Average Lot Area. The average area of all lots in the development meets or exceeds the minimum lot area for the district. 2. Minimum Lot Width. The minimum lot width in an average lot area development may be reduced to not less than 85% of the minimum lot width required in the schedule of regulations. 3. Resultant Density. The overall density of the development does not exceed the density that could be achieved using a conventional layout. 4. Exclusive Development Option. The modifications permitted under this section may not be used in conjunction with any other development option, such as but not limited to the open space option (!"#$%&'())*-,.*,F) or the mixed residential development option (!"#$%&'())*-,.*,G). D. Lots Without Sanitary Sewer in the R-R District. A larger minimum lot area may be required by the County Health Department to accommodate a sewage disposal system.
Title 1 Purpose & Scope
C. Lot Area Averaging. Lot areas for individual lots in a subdivision or site condominium development may be smaller than the minimum lot area for the district provided that:
Title 2 Districts & Uses
B. Maximum Density Based on Net Developable Area. See the definitions section for the calculation of net developable density.
Title 3 Special Districts
A. Riparian and Wetland Setbacks. Refer to /012$"3())*),,) for riparian and wetland setback regulations.
Title 4 Gen. Provisions
Section 11.202.03 FOOTNOTES TO THE SCHEDULE OF REGULATIONS
Table of Contents
Schedule of Regulations Chapter 11.202
F. Parking Prohibited in Front Yards. See !"#$%&'())*H,)*,)*I for restrictions on parking in the front yard.
Title 5 Parking
E. Building Design Standards. See !"#$%&'())*-,-*,. for building design standards.
2. The purpose of the height exemption shall be to accommodate functional building elements that are incidental to the permitted use of the building. 3. The horizontal area of building elements that exceeding the maximum height permitted in the district shall not exceed 50% of the total horizontal roof area of the building.
Title 7 Signs
1. The height exemption may not exceed 80 feet.
Title 6 Landscaping
G. Height Exceptions in the I-1 District. The Planning Commission may grant a building height exemption for buildings in the industrial district, subject to the following standards:
A. Building Transparency. 1. Minimum First Floor Transparency* The minimum transparency on the first floor front façade shall be 65% for buildings with nonresidential first floor uses in the B-N, B, and D districts, 40% for all buildings in the B-R district, and 40% for buildings with residential first floor uses. 2. Maximum Upper Floor Transparency* The maximum transparency on upper stories shall not exceed 60%.
Title 9 Subdivisions
The following building design standards apply to all non-residential buildings constructed in the City, unless specific zoning districts are identified, in which case the specific standard only applies in the noted zoning district(s).
Title 10 LID Standards
Section 11.202.04 NON‐RESIDENTIAL BUILDING DESIGN STANDARDS
Title 8 Administration
4. The Planning Commission may require additional building setbacks to minimize impact on residential districts or uses.
B. Ground Story Entrances. All buildings shall have a principal entrance on the front façade of the building facing the street. Secondary entrances may be provided on side or rear facades.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
3. Ground Floor Glass* All ground floor windows shall use transparent, non-reflective, non-tinted glass.
9
Title 2 Zoning Districts and Uses Chapter 11.202 Schedule of Regulations Table of Contents
C. Buildings wider than 75 feet in the B-N, B, and D districts shall incorporate vertical elements in the principal façade that break up the mass of the building to mimic smaller-scale development. Such vertical elements shall occur at least every 75 feet.
Title 1 Purpose & Scope
D. Mechanical Equipment and Service Areas. 1. Service Areas, including utility access, loading areas, and dumpsters shall be located in side or rear yards and shall be screened from view from any street and any residentially used property.
Title 2 Districts & Uses
2. Mechanical and Utility EquipmentD such as gas or electrical meters, telephone boxes, utility cabinets, HVAC equipment, and other similar utility devices (whether ground, wall, or roof mounted) shall be screened from view from a point 8 feet above grade level at the centerline of any abutting roads and along any parcel line abutting a residentially used property. The applicant shall submit a line of sight drawing demonstrating that the equipment will not be visible from the above locations. Exterior screening materials shall be the same as the predominant materials of the principal building.
Title 3 Special Districts
E. Building Materials. 1. Combination of Materials* Building materials may be combined on a building façade horizontally, with the heavier material below the lighter material.
Title 4 Gen. Provisions
2. Primary Building Materials* Primary building materials shall be used on a minimum of 60% of the façade area of the building (excluding the area of doors and windows).
Title 5 Parking
Durable natural or natural-appearing building materials such as brick, stone, exposed logs or timber, split face block, or other similar materials are preferred primary building materials. Durable synthetic building materials that convincingly match the appearance of natural building materials may be used as a primary building material. 3. Accent Building Materials* Accent materials may be used on up to 40% of the façade area of the building (excluding the area of doors and windows).
Title 6 Landscaping
Acceptable accent materials include decorative precast concrete block, metal, and glass. Non-durable building materials such as EIFS (Exterior Insulation and Finish System) may be used as an accent building material on up to 10% of the total wall area of any façade, but may not be used on the base level of a building.
Title 7 Signs
4. Modification to the Building Material Standards. The Planning Commission may approve modifications to the building material standards to allow for alternate materials or to alter the minimum or maximum percentages upon finding that: a. Approval of the modification will not result in development that is incompatible with, or will negatively impact existing or potential future development in the vicinity of the subject property.
Title 8 Administration
b. The requested modification is consistent with the intent and purpose of this Ordinance. c. The modification will result in a superior development when compared with what could be achieved through a strict application of the design and aesthetic requirements of this Ordinance.
Title 9 Subdivisions
d. A lesser modification will not accomplish the same purpose as the requested modification.
Section 11.202.05 1151.09 SUBSTANDARD LOTS
Title 10 LID Standards
Any lot greater than 5,000 square feet in area, but not meeting minimum area requirements and being a lot of record on the effective date of this Zoning Ordinance, may be used for a single-family dwelling irrespective of the area, depth or width of such lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot, provided, however, that in no instance shall the minimum dimensions of the side and rear yards be less than five and twenty feet respectively.
Title 11 Definitions
10
City of Streetsboro
Zoning Districts and Uses Title 2
Section 11.202.07 1151.16 PERMITTED HEIGHT EXCEPTIONS A. Except as specifically stated in other parts of these regulations, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, wireless masts, water tanks or similar structures may be erected above the height limits herein subject to the following requirements: 1. No such structure may be erected to exceed by more than fifteen feet the height limits of the district in which it is located. 2. No such structure shall have a total area greater than twenty-five percent (25%) of the roof area of the building. 3. No such structure may be used for any purpose other than a use incidental to the main use of the building.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
C. Improvements intended to provide universal accessibility into a structure such as wheelchair ramps may protrude into yards. The permitted encroachment for such structures shall be the minimum reasonably necessary to accommodate universal accessibility.
Title 4 Gen. Provisions
B. Patios, unenclosed porches, decks, or balconies attached to a dwelling may project up to 8 feet into a required front yard, but in no case shall be closer than 20 feet to any right-of-way or similar easement.
Title 5 Parking
A. Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, beltcourses, cornices and ornament features projecting not to exceed twelve inches. This requirement shall not prevent the construction of fences not exceeding six feet in height except on that portion of lots within thirty feet of the intersection of two or more streets. The ordinary projection of chimneys or flues is permitted into the required side, rear and front yards. Terraces, uncovered porches, platforms and ornamental features (first story) may not project into a required side yard.
Title 6 Landscaping
Section 11.202.06 1151.12 PROJECTIONS INTO YARD AREAS
Table of Contents
Schedule of Regulations Chapter 11.202
Section 11.202.09 1151.19 SETBACK FROM OIL, GAS OR BRINE WELLS OR STORAGE TANKS Structures, or any parts thereof, shall comply with ORC setback requirements applicable to oil and gas wells or storage tanks. See ORC Section 1509.021.
Title 8 Administration
No more than one (1) one family or two-family dwelling unit shall be permitted on any lot and every dwelling shall be located on a lot having required frontage on a public street unless otherwise specifically stated in these regulations.
Title 9 Subdivisions
Section 11.202.08 1151.17 PRINCIPAL BUILDING
Title 10 LID Standards
B. Places of worship may be erected to a height not to exceed seventy-five feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
Title 7 Signs
4. Radio, television and wireless aerials or masts are subject to the requirements of /012$"3())*.,..
No fence, wall, sign face, structure, or landscape planting shall be erected, established, or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway. Fences, walls, structures, or plantings located in the triangular area described below shall
Title 11 Definitions
Section 11.202.10 CLEAR VISION AREAS
Draft Zoning Ordinance: February 15, 2012
11
Title 2 Zoning Districts and Uses Chapter 11.202 Schedule of Regulations Table of Contents
not be permitted to obstruct cross-visibility between a height of 30 inches and eight feet above the lowest point of the intersecting road(s).
Title 1 Purpose & Scope
A. Clear Vision Area. The triangular clear vision area is described as follows (see Figure 1):
Figure 1. Clear Vision Area
Title 2 Districts & Uses
1. !The area formed at the corner intersection of two public right of way lines, the two sides of the triangular area being 30 feet in length measured along abutting public right-of-way lines, and the third side being a line connecting these two sides, or
Title 3 Special Districts
2. The area formed at the corner intersection of a public right of way and a driveway, the two sides of the triangular area being 10 feet in length measured along the right of way line and edge of the driveway, and the third side being a line connecting these two sides.
Title 4 Gen. Provisions
B. Trees may be permitted in the clear vision area provided that limbs and foliage are trimmed so that they do not block visibility or otherwise create a traffic hazard.
Title 5 Parking
C. Landscaping, except turf grass or ground cover, shall not be located closer than three feet from the edge of any driveway or road within the clear vision area.
Title 6 Landscaping
D. Small Front Setbacks Exempted. The clear vision requirements shall not apply to existing principal structures located on a lot having a lesser minimum front or street-side setback than required by the clear vision area requirements.
Section 11.202.11 1151.15 MINIMUM FLOOR AREA PER DWELLING UNIT
Title 7 Signs
No structure shall be erected for use as a dwelling unless the following minimum floor area per dwelling unit is provided: A. Single-family dwelling: 1,450 square feet and a minimum of a two car garage. B. Two-family dwelling: 1,250 square feet and a minimum of a two car garage each unit.
Title 8 Administration
C. Width. No dwelling shall be less than 24 feet in width. D. Multi-family apartments: These are minimum square feet requirements and include kitchen and bath areas but do not include utility, storage rooms or basement areas.
Title 9 Subdivisions
1. Three-bedroom suites: 1,300 square feet of living area for each unit. 2. Two-bedroom suites: 1,024 square feet of living area for each unit. 3. One-bedroom suites: 845 square feet of living area for each unit.
Title 10 LID Standards
4. One room efficiency: 585 square feet of living area for each unit.
Title 11 Definitions
12
City of Streetsboro
Zoning Districts and Uses Title 2
Section 11.203.02 1151.04 PROHIBITED USES AND USES NOT EXPRESSLY PERMITTED No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land with public and/or privately developed improvements be used, arranged to be used or designed to be used, in a manner which does not comply with all of the district provisions established by these regulations for the districts in which the building or land is located. A. Uses which do not appear in the Zoning Ordinance by virtue of their omission from all permitted use lists, all conditionally permitted use lists, all accessory use lists and all other use lists are prohibited. B. A prohibited use may become a permitted use if Council passes an amendment incorporating the prohibited use into appropriate use lists for appropriate zoning district(s). C. A prohibited use may become a permitted use if the City Planning Commission determines the use should be a permitted use in an appropriate zoning district because it is substantially similar in character to specifically permitted use in such district. D. Uses for enterprises or purposes that are contrary to federal, state, or local laws or ordinances are prohibited.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
In order to avoid intrusion of undesirable uses and to foster all possible benefits for a continued high quality environment, all residential and nonresidential land and structure uses have been classified into permitted uses and uses allowed by conditional use permit. Permitted uses include those which require a minimum of limitation and are therefore permitted anywhere within a zoning district. Conditional uses may be appropriate at some, but not all locations within a zoning district and are subject to a discretionary decision process. See /012$"3())*J,H( K/&'6%$%&'18(L1'6(M5"(:"@%"BN for review and decision procedures for conditional use permits.
Title 4 Gen. Provisions
Section 11.203.01 PERMITTED USES AND CONDITIONAL USES
Title 5 Parking
Permitted Uses by District
Title 6 Landscaping
Chapter 11.203
Table of Contents
Permitted Uses by District Chapter 11.203
A use may be combined with any other use(s) permitted in the zoning district provided that the regulations for each use are maintained.
Title 7 Signs
Section 11.203.03 MULTIPLE USES
B. Development Standards Applicable to Uses. Whenever a specific development standard is included for a particular use in Table 3, any development must comply with the requirements of the referenced section. All development standards are listed in /012$"3())*-,.. C. Special Purpose Zoning Districts Not Listed in Table 3. Refer to A%$8"(+ for the uses and development standards applicable in the special purpose zoning districts. Special purpose zoning districts are not listed in Table 3, and include the FP Flood Plain District, R-4 Manufactured Home District, and R-G Residential-Golf Course District.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions Title 10 LID Standards
A. Uses Permitted in Each District. Table 3 lists the permitted uses in each district. Refer to /012$"3())*)),+ for definitions of all uses listed in the following Table 3.
Title 11 Definitions
The following Table 3 lists the uses that may be permitted in each zoning district, provided that the development also meets the design and building standards set forth for each district, along with all other development standards contained in this Ordinance. For instance, when a certain use is or may be permitted in more than one zoning district, each zoning district will have different standards for building bulk, location, and design. The customized design standards set forth in each zoning district are tailored to the existing and intended character of each zoning district, and are further intended to prevent contextually inappropriate development from occurring within the City.
Title 8 Administration
Section 11.203.04 TABLE OF PERMITTED USES
13
Title 2 Zoning Districts and Uses Chapter 11.203 Permitted Uses by District
Key:
■ Principal Permitted Use
" Conditional Use
[blank] Use Not Permitted
Nonresidential Districts
I‐1
D
B‐R
B
B‐N
O
R‐3
R‐2
R‐1
USE R‐R
Title 1 Purpose & Scope
Residential Districts O‐C
Table of Contents
Table 3. Uses Permitted by District
DEVELOPMENT STANDARDS
AGRICULTURAL USES Title 2 Districts & Uses
Agricultural Buildings and Uses
■
Greenhouse/Nursery
A'4+)$%!<<=@?B=?<!
■ "
■
!
Title 3 Special Districts
Kennel
"
"
Roadside Stand
■
■
Stable, public
"
"
Stable, private
■
■
A'4+)$%!<<=@?B=?C!
"
!
Winery
A'4+)$%!<<=@?B=?@! A'4+)$%!<<=@?B=?>!
"
A'4+)$%!<<=@?B=?B!
RESIDENTIAL USES
Title 4 Gen. Provisions
Boarding House
"
Mixed Residential Development Option
■
!
"
A'4+)$%!<<=@?B=?D!
Manufactured Home Park ﴾existing areas only﴿
;9"1+',!<<=>?@!
Mixed Use Building ! Residential with Nonresidential
Title 5 Parking
Conservation Development Option
■
■
A'4+)$%!<<=@?B=?E!
■
"
A'4+)$%!<<=@?B=?F!
■
"
■
■
■
"
"
A'4+)$%!<<=@?B=?G!
■
Single‐Family Dwelling, Attached Single‐Family Dwelling, Detached
■
"
Multiple‐Family Dwelling
■
Title 6 Landscaping
Two‐Family Dwelling
A'4+)$%!<<=@?B=<?!
■
A'4+)$%!<<=@?B=<<!
■
A'4+)$%!<<=@?B=<@!
COMMUNITY, CIVIC, and INSTITUTIONAL USES Campground
"
"
Cemetery
"
"
A'4+)$%!<<=@?B=<>! A'4+)$%!<<=@?B=<B!
Title 7 Signs
Charitable or Philanthropic Use
"
"
Child Day Care Center
"
"
■
■
■
■
■
"
"
A'4+)$%!<<=@?B=<C! A'4+)$%!<<=@?B=<D!
Cultural, Municipal, or Public Use
"
"
"
"
"
■
■
■
■
■
■
Essential Services and Utilities
A'4+)$%!<<=@?B=<E!
"
"
"
"
"
"
"
"
!
"
"
A'4+)$%!<<=@?B=<F!
Title 8 Administration
"
"
"
Hospitals and Medical Clinics
"
"
"
Human Care Institution
"
"
"
"
■
■
"
A'4+)$%!<<=@?B=<F!
Institution for Higher Education
"
"
"
"
"
"
"
"
A'4+)$%!<<=@?B=<G!
"
"
"
"
"
"
A'4+)$%!<<=@?B=@?!
"
A'4+)$%!<<=@?B=@<!
Place of Worship
"
Primary School!
"
"
"
"
"
"
"
"
Title 9 Subdivisions
Private Club, Fraternal Organization, or Community Group
"
"
"
"
"
Recreation, Public!
■
■
■
■
■
Technical School
"
" ■
■
"
Type‐A Family Day‐Care Home Title 10 LID Standards
Type‐B Family Day‐Care Home
■
Wildlife Refuge or Game Preserve
■
"
"
"
"
■
■
■
■
■
A'4+)$%!<<=@?B=@@!
" ■
"
■
■
!
"
"
A'4+)$%!<<=@?B=@>! A'4+)$%!<<=@?B=<D!
■
■
■
A'4+)$%!<<=@?B=<D! !
COMMERICAL, OFFICE, and SERVICE USES Adult Entertainment
Title 11 Definitions
14
"
A'4+)$%!<<=@?B=@B!
"
Bakery or Confectionary
■
■
■
■
!
Bank or Financial Institution
■
■
■
■
!
Bar or Tavern
"
■
■
■
Bed and Breakfast
"
"
! A'4+)$%!<<=@?B=@C!
City of Streetsboro
Zoning Districts and Uses Title 2
"
■
Motel or Hotel
■
■
■
A'4+)$%!<<=@?B=@F!
Office
■
■
■
■
■
Personal Service Establishment
■
■
■
■
■
"
■
■
■
"
Pet Boarding Facility Pistol and Rifle Ranges ﴾outdoor﴿
"
"
Place of Assembly Public or Self‐Storage Recreation, Private Indoor Recreation, Private Outdoor
■ "
"
"
"
"
Restaurant!
!
■
!
■
A'4+)$%!<<=@?B=@G!
"
!
"
A'4+)$%!<<=@?B=>?!
"
A'4+)$%!<<=@?B=><!
!
!
■ ■
" ■
Retail Sales ﴾indoor﴿ Retail Sales ﴾outdoor﴿
!
■
■
■
■
■
■
■
"
!
"
"
"
A'4+)$%!<<=@?B=>>!
"
"
A'4+)$%!<<=@?B=>B!
"
"
"
A'4+)$%!<<=@?B=>C!
■
■
Vehicle or Mechanical Equipment Service
"
A'4+)$%!<<=@?B=>@!
■
Vehicle or Equipment Sales or Rental Veterinary Hospital, Clinic, or Office
■
A'4+)$%!<<=@?B=@E!
"
"
A'4+)$%!<<=@?B=>D!
INDUSTRIAL and EXTRACTION USES Manufacturing, Fabrication and Processing
■
A'4+)$%!<<=<?<=?<!
Manufacturing, Fabrication and Processing ﴾heavy﴿
"
A'4+)$%!<<=<?<=?<! A'4+)$%!<<=@?B=>E!
Sales ﴾indoor﴿ of Products Manufactured On‐Site
"
Limited to 15% of floor area
"
A'4+)$%!<<=@?B=>F!
Storage/Impound Yard Surface Mining
"
A'4+)$%!<<=@?B=>G!
"
Warehousing/Distribution
■
A'4+)$%!<<=@?B=B?!
■
;9"1+',!<<=B?<!
ACCESSORY, TEMPORARY, and OTHER USES Accessory Buildings, Structures, and Uses
■
■
■
■
■
Home Occupation
"
"
"
"
"
■
■
A'4+)$%!<<=@?B=B<!
Limited Outdoor Sales, Display or Storage ﴾accessory to a principal use﴿
"
"
"
"
"
A'4+)$%!<<=@?B=B@!
Off‐Street Public Parking Lot or Garage
"
"
"
"
■
!
Outdoor Dining ﴾acc. to a permitted restaurant use﴿
■
■
■
■
A'4+)$%!<<=@?B=B>!
■
■
■
■
■
A'4+)$%!<<=@?B=BB!
;9"1+',!<<=B?B!
Temporary Buildings and Uses
■
■
■
■
■
■
Title 11 Definitions
Title 10 LID Standards
Wireless Transmission Towers
Title 6 Landscaping
"
Title 1 Purpose & Scope
Gas Station
Drive‐Through Facility ﴾accessory to a principal use﴿
! A'4+)$%!<<=@?B=@D!
Title 2 Districts & Uses
■
Car Wash
DEVELOPMENT STANDARDS
Title 3 Special Districts
■
Business Service Establishment
I‐1
■
■
R‐3
■
R‐2
■ "
R‐1
D
■
B‐R
B‐N
■
B
O
R‐R
O‐C
USE
Title 4 Gen. Provisions
Nonresidential Districts
Title 7 Signs
Residential Districts
[blank] Use Not Permitted
Title 5 Parking
" Conditional Use
Title 8 Administration
■ Principal Permitted Use
Title 9 Subdivisions
Key:
Table of Contents
Permitted Uses by District Chapter 11.203
Draft Zoning Ordinance: February 15, 2012
15
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
Chapter 11.204
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
16
Development Standards for Specific Uses
HIJK;LMNLJHM!MHOP!LAQA! Section 11.204.01 AGRICULTURAL BUILDINGS AND USES A. In the O-C District. Buildings used to house farm animals shall be located no less than 200 feet from all property lines. B. In The R-R District. 1. Buildings used to house farm animals shall be located no less than 200 feet from all property lines. 2. Raising or breeding of domestic animals or poultry for commercial purposes shall only be permitted on lots of five acres or more.
Section 11.204.02 KENNEL The boarding, breeding, raising, grooming, or training of five or more dogs, cats, or other household pets over 6 months of age either 1) not owned by the owner or occupant of the premises, or 2) for commercial gain may be permitted provided the following requirements are met: A. Minimum Site Area. Such activity shall be permitted only on a parcel of land not less than two acres in area and provided, further, that such parcel shall not abut or be adjacent to any lot or parcel which is part of a recorded residential subdivision. B. Enclosures. All animals shall be kept in pens or cages designed, constructed and maintained so as to be harmonious and appropriate in appearance with the character of the general area in which located, and such use will not affect the character of the same area in a negative way. C. Enclosure Setbacks. All pens or cages shall be located not less than 75 feet from any property line and all animals shall be kept therein or within a building. No animal shall be allowed to run at large. D. Noise and Odor. Such activity shall be conducted so as not to be detrimental to any person, property or the general welfare by reason of excessive noise or odor. E. Nuisance Prohibited. The keeping of the animals described in this subsection shall not constitute a nuisance to persons living in the surrounding area. Upon receipt of a written complaint filed by a neighbor with the City stating the animals constitute a nuisance, the Board of Zoning Appeals shall hold a hearing with notice to all property owners within 300 feet of the property where the animals are kept. The Board of Zoning Appeals shall determine if in fact the animals do constitute a nuisance. If the Board of Zoning Appeals determines that the animals have and will likely continue to constitute a nuisance, the animals shall not be kept on the property after the date set by the Board of Zoning Appeals. If, in the opinion of the Board of Zoning Appeals, there is reason to believe that reasonable measures will be taken to alleviate the nuisance associated with the animals, the Board of Zoning Appeals may issue a permit, renewable yearly, for the keeping of such animals with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed again on a complaint of a neighbor unless there has been a change of circumstances. F. No person shall allow animals under such person's control or ownership to constitute a nuisance. Notwithstanding anything to the contrary in this ordinance, this subsection shall not be a limitation on, lessen the effect of, or interfere with any other City ordinance pertaining to animals, and the enforcement of it.
City of Streetsboro
Zoning Districts and Uses Title 2
D. Outdoor Use Area Setbacks. Paddocks, instruction areas, pastures, and areas for the purpose of feeding horses shall be confined to the site and shall be located at least 30 feet from the perimeter of the site E. Access and Frontage. Ingress and egress to the stable area shall be provided solely through the parcel in question, which shall abut a public right-of-way. F. Parking. Adequate off-street parking facilities shall be provided on the site, located at least 100 feet from the perimeter of the site. G. Manure shall be kept in tightly covered boxes located at least 200 feet from any property line, and shall be regularly sprayed or limed so as to control flies and other pests. H. Outdoor Lighting. Floodlights or any other source of artificial lighting provided to facilitate night riding activities shall be properly shielded or directed away from residences or abutting properties, and shall be turned off nightly at 11 pm.
Section 11.204.05 STABLE, PRIVATE Private stables ancillary to a private residence are subject to the following: A. Public Hearing Required. Prior to granting a permit the Planning Commission shall hold a public hearing to receive public comment regarding the effect that establishment of a private stable will have on the surrounding neighborhood. The public hearing shall be held in accordance with the procedures of <INSERT REF TO PUBLIC HEARING STANDARDS> B. Minimum Lot Area in the R-R District. A minimum lot area of 5 acres is required for private stables in the R-R district. C. Maximum Number of Animals. A minimum of two acres of land shall be provided for the first horse, and each additional horse stabled shall require one additional acre of land. The property shall be under control or use of the permit holder with either title or lease. D. Outdoor Use Area Locations and Setbacks. Confinement areas and/or stables shall, in all instances, be located in the rear and/or side yard. Horses shall be confined to fenced pastures, paddocks or stables unless harnessed and under the direct control of a person. E. Building Setbacks. An accessory building used as a stable shall not be located nearer than 50 feet to any property line and not nearer than 100 feet to any dwelling.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
C. Building Setbacks. The stable shall be so situated on the site so as to be at least 300 feet from any residences on abutting parcels or lots.
Title 4 Gen. Provisions
B. Riding Areas. Bridle paths, and all other riding areas, shall be within the confines of the proposed property.
Title 5 Parking
A. Minimum Area. The uses may be permitted on parcels of land that are at least 20 contiguous acres or more in area.
Title 6 Landscaping
Public stables, including riding academies and hunt clubs, are subject to the following requirements:
Title 7 Signs
Section 11.204.04 STABLE, PUBLIC
Title 8 Administration
B. Such uses may not encroach into any right-of-way.
Title 9 Subdivisions
A. Such stand, sign and required off-street parking shall be located and set back in such a manner so as not to create a traffic hazard.
Title 10 LID Standards
Roadside stands that offer for sale only agricultural products that are produced on the premises shall comply with the following standards:
Title 11 Definitions
Section 11.204.03 ROADSIDE STANDS
Table of Contents
Development Standards for Specific Uses Chapter 11.204
17
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
F. Storage. No storage of manure or odor-producing or dust-producing substances or any activity producing odor or dust shall be permitted within 100 feet of any property line. The applicant shall submit a manure management program which is subject to Soil & Water Conservation District approval.
Title 1 Purpose & Scope
G. Nuisance. In each instance when the Planning Commission issues a permit for a private stable, the commission shall find that there has been compliance with the conditions of this subsection, that the activity will not or has not been a nuisance to residents in the area, is compatible with adjacent land uses and is consistent with the public health, safety and welfare of the City.
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
18
City of Streetsboro
Zoning Districts and Uses Title 2
D. Residential Unit Types. 1. Any of the residential unit types described in this ordinance may be provided in a mixed residential development. 2. The design standards for each particular residential unit type are applicable in a mixed residential development (see !"#$%&'())*-,.*,J for multiple family dwellings, !"#$%&'())*-,.*), for attached single family dwellings, and !"#$%&'())*-,.*)- for two-family dwellings). 3. Detached single family dwelling units shall comprise at least 75% of all dwelling units in the development. E. Non-Residential Development. Limited non-residential uses may be permitted in a mixed residential development in the R-3 district. 1. Maximum Intensity. Up to 2 square feet of gross floor area of non-residential space may be permitted per residential dwelling unit. 2. Permitted Non-residential Uses. Only non-residential uses that are permitted by right or by conditional use permit in the B-N zoning district may be permitted in a mixed residential development.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
C. Density. The development density shall not exceed the greater of the maximum density permitted for the zoning district, or the density recommended for the property in the Comprehensive Plan future land use description. All density calculations shall be based on the net developable density of the site.
Title 4 Gen. Provisions
B. Approval Process. Mixed residential developments are subject to regulating plan approval prior to any site plan, condominium, plat, or other approvals. See /012$"3())*J,+ for regulating plan review procedures.
Title 5 Parking
A. Purpose. To encourage innovation in residential subdivision design, the mixed development option may be permitted as a conditional use to provide for more efficient layout of lots, streets, and utilities; for the preservation of open space and recreation areas; and for the provision of a variety of housing options in a lowdensity and predominantly single-family setting.
Title 6 Landscaping
Section 11.204.06 MIXED RESIDENTIAL DEVELOPMENT OPTION
Title 7 Signs
JQAKPQONKHM!MHOP!LAQA!
Table of Contents
Development Standards for Specific Uses Chapter 11.204
2. Be platted in lots that conform to the conventional lot requirements for the adjoining zoning district.
Section 11.204.07 MIXED USE BUILDING ! RESIDENTIAL WITH NON‐RESIDENTIAL A. Location of Residential Units. No residential unit may be located on a floor underneath a floor containing a non-residential use.
Title 11 Definitions
B. Permitted Non-Residential Uses. Non-residential uses permitted in a mixed use residential with nonresidential building are limited to those that are permitted in the district by A1?8"(+*((M5"5(O"3E%$$"6(?>( P%5$3%#$. Conditional use approval is required for any use listed as a conditional land use.
Title 9 Subdivisions
1. Be set aside in open space that includes a buffer type C (see !"#$%&'())*G,+*,)); or
Title 10 LID Standards
F. Perimeter Treatment. Property along the edge of a mixed residential development abutting a residential zoning district shall either:
Title 8 Administration
3. Development Standards. All non-residential and mixed-use development areas and buildings shall comply with the lot and development standards of the B-N district.
Draft Zoning Ordinance: February 15, 2012
19
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
Section 11.204.08 1153.17 MULTIPLE FAMILY DWELLING Multi-family dwellings are subject to the following standards:
Title 1 Purpose & Scope
A. Proximity to Improved Street. The property shall be within 250 feet of a fully improved public right-of- way and street. B. Fire Hydrant Spacing. Fire hydrants serving the site shall be at 300 foot intervals.
Title 2 Districts & Uses
C. Access Points. Any multiple family dwelling developments with more than 20 units shall have two access points to the public street. D. Traffic Control. 1. A traffic impact study shall be provided for any project including 40 or more dwelling units. See /012$"3( ))*.,Q for traffic impact study requirements.
Title 3 Special Districts
2. Traffic control lights shall be provided at private roads or at intersections with primary streets if warranted by the traffic impact study. E. Recreation Areas.
Title 4 Gen. Provisions
1. Passive or active outdoor recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths, plazas, courtyards, and other recreational elements in accordance with the intended character of the development) shall be provided at a ratio of at least five percent (5%) of the gross site area of the development. These open space areas are in addition to the area of any required yards.
Title 5 Parking
2. The minimum area of each recreation area shall be not less than 1,200 square feet. 3. The length to width ratio of each area, as measured along the perimeter, shall not exceed four to one (4:1).
Title 6 Landscaping
4. Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations. F. Trash. Central facilities for collection and disposal of trash shall be provided, and screened per !"#$%&'( ))*G,-*,-.
Title 7 Signs
G. Sidewalks. Minimum five-"##$%&'()%*+,-%.#/.0-$-%1+,-*2341%15233%6-%70#8+,-,%$#%.#//-.$%7204+/9%20-21:%7;63+.% sidewalks and recreation areas to all building entrances; such sidewalks shall also be provided along collector roads and streets within the development; and streets adjacent to the development. H. Density. The maximum density shall not exceed that permitted in the zoning district.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
20
I.
Building Design Standards. Apartment buildings shall comply with the following standards: 1. Building Entrances. Each building shall have at least one entrance door on each street-facing facade to create an appearance that is consistent with a single family character. Entrances to individual units may occur off an interior hallway that is accessed via a front door, or may be located on the side or rear of the building. Interior hallways may also have a secondary entrance on the side or rear of the building. 2. Architectural Details. a. Any façade facing a public street shall be designed as a front façade, including architectural -3-<-/$1%$#%,+1$+/9;+15%$5-%"2=2,-%21%$5-%6;+3,+/91(%70+<20>%"2.-?%%@2$+#%20-21%20-%70#5+6+$-,% between the building and a public street unless they are designed to have the appearance of a front porch or stoop commonly found on the front facades of residential structures, or screened by an integral architectural element of the building. A freestanding wing wall is an example of a method of screening that is not an integral element of the building. A screening wall that is integral with the front building façade, and that screens a patio area that is partially recessed into the main mass of the building may count as an integral element of the building.
City of Streetsboro
Zoning Districts and Uses Title 2
A. Purpose. Conservation development is an optional form of development that is offered as an alternative to the regulations of the zoning districts where the open space option is permitted. The purpose of the Conservation development option is to protect and promote the health, safety, and general welfare of the City, to enhance the visual appearance of residential development, to protect and promote the character and vista of the rural areas within the City, to prevent unnecessary clutter and congestion within such developments and the surrounding neighborhoods, to protect environmentally sensitive areas, and to establish regulations for flexible design alternatives to the requirements of the underlying district to encourage site design practices that provide for efficient layout of infrastructure and preserve open space and natural features, while maintaining density control in conformity with the underlying district. B. Standards to Apply. Where the standards of the open space option and the underlying district differ, the conservation option development standards shall apply. However, the density under the conservation option shall not be greater than the maximum density of the underlying district based on the net developable density of the development. C. Application. The conservation option may be used at the option of the developer when the proposed residential development has an area of 10 or more acres, and where sanitary sewer and municipal water are available to the development site.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Section 11.204.09 CONSERVATION DEVELOPMENT OPTION
Title 4 Gen. Provisions
J. Parking. On-street parking spaces on interior streets are encouraged and shall count towards the minimum parking requirement. Parking spaces on streets exterior to the development shall not be counted towards the minimum parking requirement.
Title 5 Parking
3. Garage Orientation. Where multiple family buildings contain attached or detached garages that are accessory to the dwelling unit, no more than 25% of all garage doors may be located at or in front of the front building wall, with all other garage doors being located at least 10 feet behind the front building wall of the unit or facing the side or rear of the unit. There is no limitation on the number or orientation of parking areas, garages and any other accessory structure or uses that may be located within the established rear yard, with access provided by an alley or access drive.
Title 6 Landscaping
b. Walls visible from a street or other residential uses shall include windows and architectural features similar to the front facade of the building, including, but not limited to awnings, cornice work, edge detailing or other decorative finish materials.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
1. Permitted Uses. The following uses are permitted in a conservation development.
Title 7 Signs
D. Uses.
F. Lot Requirements. 1. Minimum Lot Area. The minimum lot area in a conservation development shall be 70% of the minimum area required in a conventional development in the underlying zoning district. 2. Minimum Lot Width. The minimum lot width at the building setback line in a conservation development shall be 70% of the minimum width required in a conventional development in the underlying zoning district. 3. Minimum Front and Side Street Yard Setback. The minimum front and side street yard setback in a conservation development shall be 75 feet in the RR district, 40 feet in the R-1 district, and 30 feet in the R-2 district.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
E. Density. The permitted density in a conservation development shall not exceed the maximum density permitted in the zoning district by A1?8"(-*((!#0"678"(&9(:";781$%&'5, based on net development density.
Title 10 LID Standards
2. Conditionally Permitted Uses. None.
Title 11 Definitions
b. Accessory buildings and uses incidental and subordinate the single-family dwelling use, excluding any activity conducted as a business.
Title 8 Administration
a. Single-family dwelling, detached.
21
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
22
4. Minimum Interior Side Yard Setback. The minimum interior side yard setback in a conservation development shall be 10 feet in the RR district, 8 feet in the R-1 district, and 7 feet in the R-2 district. 5. Minimum Rear Yard Setback. The minimum rear yard setback in a conservation development shall be 60 feet in a RR district and 40 feet in an R-1 or R-2 district. G. Dwelling Area Requirements. The minimum floor area of a dwelling unit in a conservation development shall be 1,700 square feet. H. Maximum Building Height. The maximum building height shall be 34 feet. I.
Minimum Open Space Requirements. 1. Minimum Area Required. An amount of common open space equal to or greater than the area gained through the reduction of lots below the minimum lot area required in the district shall be provided. For the purposes of calculating the minimum open space requirement, only lots that are reduced below the minimum area required in the district shall be included. 2. Unbuildable Site Conditions. A maximum of 20% of the land dedicated towards the minimum open space requirement may meet one or more of the unbuildable site conditions listed in the definition of net developable area. A minimum of 80% of open space lands shall be otherwise buildable, upland area. Any area planned or designated for stormwater management facilities may not be counted towards the minimum open space requirement. 3. Access to Open Space Areas. Each open space area shall have frontage on a street to ensure that the open space land is accessible and visible to all residents of the development. The minimum contiguous linear frontage each open space area is required to have along a street shall be determined by dividing the area of open space (in square feet) by 1,500, or 100 feet, whichever is less. An open space area may have multiple frontages on a street or streets, and secondary frontages may be of any length provided that one frontage meets the minimum contiguous linear frontage requirement. 4. Phased Developments. When a subdivision is to be developed in phases, the common area required to reduce the lot sizes in any particular phase shall be provided in the current phase and/or already provided in earlier phases.
J. Maintenance, Perpetuation of Open Space, Guarantee of Development. The open space requirement may be accomplished by providing for the retention of open space in common ownership of the individual owners within the development through appropriate legal documents, with appropriate provision to assure continuous maintenance and the use of the common property for the purpose intended. The legal documents shall place unencumbered title to the common property in a form of common ownership representing the residents of the development, shall place responsibility for the management and maintenance of all common property, shall set forth the restrictive covenants, and place responsibility for the enforcement thereof, and shall provide for the subjection of each lot within the development to assessment of its proportionate share of maintenance costs of the common property. Such legal documents shall be filed with the application for approval of the open space requirement and shall be approved as to form by the City Law Director. Such legal documents shall be recorded as deeds or plats are recorded with the County recorder. Or, the open space requirement may be accomplished by an alternative approach approved by the Planning Commission as part of site plan approval.
Section 11.204.10 SINGLE‐FAMILY DWELLING, ATTACHED A. Setback Requirements. Attached single family dwelling unit buildings shall have 10 foot minimum front, side, side street, and rear yard setbacks or building separation. B. Individual Entrances Required. All dwelling units shall have entrances that are directly accessible from the exterior of the building. No unit shall gain access from an interior hallway within a building. The primary exterior entrance to all units shall face a street with a connection leading from the roadside sidewalk to the front entrance of the unit. In no case shall a front entrance to a townhouse unit face the rear yard of another dwelling unit or a service area.
City of Streetsboro
Zoning Districts and Uses Title 2
3. The porch or stoop may be covered so long as the area between the top surface of the stoop and the underside of the canopy covering the stoop is at least 75% open. For the purpose of calculating the enclosure requirement, the vertical area of any surface or building element intended to enclose the stoop, including screens, shall be subtracted from the total vertical area of the stoop between the floor and the canopy. E. Elevated First Floor. In order to provide privacy for first floor rooms, the first floor of the building shall be elevated a minimum of 30 inches above the level of the sidewalk adjacent to the front property line. F. Garages. 1. Garage doors may not comprise more than 35% of the width of any façade facing a public or private street. 2. Front-facing garage doors may not be located closer to any front street than the front building wall enclosing the first floor living space of the unit to which they are accessory. 3. Garages are encouraged to be accessed from side or rear facades, particularly when a parcel has side street access.
Title 1 Purpose & Scope Title 2 Districts & Uses
2. The porch or stoop shall be raised at least 24 inches above sidewalk grade.
Title 3 Special Districts
1. Each dwelling unit or building subdivision shall have a minimum 30 sq. ft. unenclosed porch or stoop.
Title 4 Gen. Provisions
D. Front Porch or Stoop Required.
Title 5 Parking
C. Design Features. Any street-facing façade that is visible from a public right-of-way or private road easement shall include features such as, but not limited to columns, cornices, pediments, articulated bases, and fluted masonry covering a minimum of 10% of the exterior wall area.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
Brick Concrete block (decorative split face only) EIFS/Dryvit, plaster, stucco, or similar materials Metal or Wood Paneling A flat, seamed or ribbed sheets Siding A vinyl or metal (horizontal) Siding A vinyl or metal (articulated) Siding A wood, cementitious, or similar Stone A cast or natural
100% 20% 25% 15% 35% 50% 100% 100%
Maximum Non-Street Facing Façade Coverage 100% 20% 25% 35% 70% 80% 100% 100%
Title 7 Signs
Maximum Street Facing Façade Coverage
Title 8 Administration
Building Material
Title 9 Subdivisions
A. Exterior Building Materials. Exterior building materials shall be primarily natural products or synthetic products that faithfully reproduce the appearance of natural products. Materials not listed are prohibited, unless specifically allowed by the Planning Commission.
Title 6 Landscaping
Section 11.204.11 SINGLE‐FAMILY DWELLING, DETACHED
1. Garage doors may not comprise more than 60% of the width of any façade facing a public or private street.
Title 10 LID Standards
B. Garages.
3. Garages are encouraged to be accessed from side or rear facades when a parcel has side street access.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
2. Front-facing garage doors may not be located more than 5 feet closer to any front street than the front building wall enclosing the first floor living space of the unit to which they are accessory.
23
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
Section 11.204.12 TWO‐FAMILY DWELLING All two-family dwellings shall comply with the design requirements applicable to detached single-family dwellings.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
24
City of Streetsboro
Zoning Districts and Uses Title 2
B. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street. C. Natural Buffers Preferred. Site locations should be preferred that offer natural or man-made barriers that would lessen the effect of intrusion into the area. D. Accessory Uses. Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted as part of the campground. Permitted retail uses are refreshment stands, souvenir stands, concession stands, park office and the limited sale of groceries when the customers are primarily the campers using the park. E. Minimum Lot Area. A minimum lot area of 50 acres shall be required. F. Supervision; Nuisance. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
Title 1 Purpose & Scope Title 2 Districts & Uses
A. Property Line Setback. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
Title 3 Special Districts
Publicly or privately owned and/or operated campgrounds, summer camps and group accommodations are subject to the following:
Title 4 Gen. Provisions
Section 11.204.13 1153.14 CAMPGROUNDS
Title 5 Parking
;RSSLOKNTU!;KVK;U!"%5!KOANKNLNKROHM!LAQA!
Table of Contents
Development Standards for Specific Uses Chapter 11.204
H. Other Facility Time Limit. No cabin, lodge, room or other rental accommodations shall be occupied by the same occupant or group for a period longer than 30 consecutive days.
2. Thoroughfares. Such developments shall be located on arterial streets, at intersections of arterial and/or collector streets, or on service roads for interstates. 3. Accessory Office Uses Only. Except for office uses incidental to cemetery operations, no business or commercial uses of any kind shall be permitted on the cemetery site. 4. Lot Area. Minimum area required for a cemetery site to be forty acres. 5. Storage Buildings. A building of brick and/or stone, solid and/or veneered, shall be provided if storage of maintenance equipment and/or materials is to be necessary. 6. Driveway Width. Pavement width of driveways shall be at least twenty-two feet (eleven feet per moving lane).
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration
1. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than 200 feet from the intersection of two arterial streets; and/or no closer than 200 feet from the intersection of an arterial street and a collector street
Title 9 Subdivisions
A. General. The area proposed for a cemetery shall be used for cemetery purposes only, and shall comply with the following requirements:
Title 10 LID Standards
Section 11.204.14 1153.05 CEMETERIES
Title 7 Signs
State Rules. All campground uses shall comply with applicable provisions of Chapters 3701-25 and 3701-26 the Ohio Administrative Code.
Title 11 Definitions
I.
Title 6 Landscaping
G. Campsite Time Limit. No campsite shall be occupied by the same occupant or group and/or tent, trailer or other camping equipment for a period longer than 14 consecutive days.
25
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
7. Drainage. Drives should be useable shape, improved with bituminous concrete or equivalent surfacing and so graded and drained as to dispose of all surface water accumulation within the area.
Title 1 Purpose & Scope
8. Installation of Pavement. Pavement is to be installed as development progresses and as indicated on the final plans by the Planning Commission. 9. Parking. Sufficient parking space shall be provided as to not deter traffic flow within the cemetery. 10. Health Department Approval. Area drainage and/or sanitary facilities are subject to approval by the County Board of Health, and the City Engineer prior to the issuance of a conditional use permit.
Title 2 Districts & Uses
11. Signs. Only signs designating entrances, exits, traffic direction and titles shall be permitted, and must be approved by the Planning Commission.
Title 3 Special Districts
12. Landscape Buffer. Adequate screening with shrubs, trees or compact hedge shall be provided parallel to property lines adjacent to or abutting residential dwellings; such shrubs, trees and hedges shall not be less than two feet in height and shall be maintained in good condition. 13. Landscaping, General. Provisions shall be made for landscaping throughout the cemetery.
Title 4 Gen. Provisions
14. Building Setback. Location of cemetery buildings and all other structures shall conform to front, side and rear yard building lines of the particular district in which it is located. 15. Grave Site Setback from Rights-of-Way. No grave sites shall be located within 100 feet of the right-ofway line of any public street. 16. Grave Site Setback from Existing Dwellings. A grave site shall not be within 200 feet of any existing residence unless the owner of such residence gives his written consent.
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
26
17. Guarantees. Guarantees shall be made that the cemetery will be developed as proposed on the plans approved by the Planning Commission, the City Engineer, and/or the County Board of Health. Guarantees shall be in a form approved of by the Commission and may be one of the following: a. O"39&3E1'#"(I&'6. A performance bond in the amount of twenty-five thousand dollars ($25,000) for cemeteries of forty acres. An additional five thousand dollars ($5,000) shall be required for each ten acres over forty acres or for each ten acres added at a later date. The amount of the bond will be reduced annually, and by an amount that will leave the balance of the bond proportional to the portion of the cemetery not developed to the specifications of the plans approved by the Planning Commission, the City Engineer, and/or the County Board of Health. b. R$0"3. Other methods as might be worked out by the Planning Commission, developers and their legal advisors. 18. Maintenance Trust Fund. A trust fund of an amount set by the Planning Commission shall be established by the cemetery developers for the perpetual maintenance of the cemetery grounds. Such trust fund shall be established before any burial spaces are sold or used and shall be held and invested by a financial institution mutually agreed upon by the developers and the Planning Commission. A percentage of the money from the sale of each burial space shall be put into the maintenance trust fund. The percentage shall be an amount set by the Commission. Interest yielded by the fund shall be applied toward the maintenance of the cemetery grounds.
Section 11.204.15 1153.11 CHARITABLE OR PHILANTHROPIC ORGANIZATIONS All activities, programs and other events by quasi-public institutionally or organizationally owned and/or operated recreational, instructional, and meeting facilities shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
Section 11.204.16 CHILD DAY CARE USES Child day care uses, including Child Day Care Centers, Type-A Family Day-Care Homes, and Type-B Family Day Care Homes shall comply with the following requirements:
City of Streetsboro
Zoning Districts and Uses Title 2
Section 11.204.18 1153.10 HUMAN CARE INSTITUTION Institutions for human medical care, hospitals, sanitariums, convalescent homes, nursing homes, homes for the aged and philanthropic institutions in the R-2 district are subject to the following: A. Property Line Setbacks. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from any property line. B. Minimum Lot Area. The minimum lot area shall be at least three acres. C. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major thoroughfares and/or no closer than 100 feet from the intersection of a major thoroughfare and a collector street. D. Thoroughfares. Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
Section 11.204.19 1153.09 INSTITUTION FOR HIGHER EDUCATION A. Thoroughfares. In all districts where institutions for higher education are permitted as conditional uses such facilities shall be located on major thoroughfares, at intersections of major or collector streets or on service roads of major thoroughfares. B. Residential Districts. Where permitted in residential districts, such uses shall comply with the following requirements: 1. Property Line Setbacks. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines. 2. Minimum Lot Area. The minimum lot area shall be three acres.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 11 Definitions
3. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than 100 feet from the intersection of two major thoroughfares and/or no closer than 100 feet from the intersection of a major thoroughfare and a collector street.
Title 4 Gen. Provisions
3. Minimum Lot Area. The minimum lot area shall be one and one-half acres.
Title 5 Parking
2. Thoroughfares. Such developments shall be located on arterial streets, at intersections of arterial or collector streets, or on service roads for interstates.
Title 6 Landscaping
1. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street.
Title 7 Signs
A. O-C, R-R, R-1, R-2 District. Government building(s) located in any O-C, R-R, R-1 or R-2 District shall comply with the following requirements:
Title 8 Administration
Section 11.204.17 1153.07 CULTURAL, MUNICIPAL OR PUBLIC USE
Title 9 Subdivisions
B. Location of Child Day Care Centers and Type-A Family Day-Care Homes. Such uses may only be permitted on parcels that have at least 70 feet of frontage on an arterial or collector street.
Title 10 LID Standards
A. State Rules. All child day care uses shall comply with adopted Administrative Rules by the Ohio Department of Job and Family Services.1
Table of Contents
Development Standards for Specific Uses Chapter 11.204
1
At the time of Ordinance adoption, the administrative rules are available online at: http://emanuals.odjfs.state.oh.us/emanuals
Draft Zoning Ordinance: February 15, 2012
27
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
Section 11.204.20 1153.06 PLACE OF WORSHIP
Title 1 Purpose & Scope
A. Preferred Location. In all districts where churches and other religious facilities are permitted as conditional uses, such facilities shall be encouraged adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities. B. Residential Districts. Church and other religious facilities located in any residential district shall comply with the following requirements:
Title 2 Districts & Uses
1. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street. 2. Thoroughfares. Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets, or on service roads for major thoroughfares.
Title 3 Special Districts
3. Property Line Setback. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines. 4. Minimum Lot Area. The minimum lot area shall be one and one-half acres.
Title 4 Gen. Provisions
Section 11.204.21 1153.12 PRIMARY SCHOOL A. Property Line Setback. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines.
Title 5 Parking
B. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than 200 feet from the intersection of two major thoroughfares and/or no closer than 200 feet from the intersection of a major thoroughfare and a collector street. C. Elementary Schools. Elementary school structures should be located on a collector street.
Title 6 Landscaping
D. Thoroughfares. Such developments shall be located on major thoroughfares, at intersections of major and/or collector streets or on service roads for major thoroughfares. E. Minimum Lot Size. The minimum lot size shall be three acres.
Title 7 Signs
Section 11.204.22 PRIVATE CLUB, FRATERNAL ORGANIZATION, OR COMMUNITY GROUP
Title 8 Administration
A. Location. Such uses may only be located along an arterial or collector street. B. Minimum Site Area in Residential Districts. Such uses shall have a minimum lot area of one (1) acre in residential districts.
Title 9 Subdivisions
C. Minimum Lot Frontage in Residential Districts. Such uses shall have a minimum lot frontage of 150 feet in residential districts.
Section 11.204.23 1153.15 TECHNICAL SCHOOL
Title 10 LID Standards
Private technical schools located in the I-1 District only shall be developed with all structures and activity areas, except off-street parking areas located at least 50 feet from all property lines.
Title 11 Definitions
28
City of Streetsboro
Zoning Districts and Uses Title 2
B. Findings. Based on evidence of the negative secondary effects of adult uses as identified in a series of 43 secondary effects studies published by the National Law Center for Children and Families in 2005, and specifically based on studies conducted by the following cities: Denver, Colorado (1998); Garden Grove, California (1991); Houston, Texas; Indianapolis, Indiana (1984); Kansas City, Missouri; Los Angeles, California; New York, New York (2 Studies-1994); Oklahoma City, Oklahoma; and St. Paul Minnesota; and based on findings incorporated in various court cases, evidence presented in hearings, and in reports made available to the legislature and subsequently adopted by the Ohio General Assembly as findings under Section 3 of House Bill 23; the City Council finds that adult entertainment uses as a category of establishments are correlated with harmful secondary effects, and that the foregoing referenced reports are reasonably believed to be relevant to the problems that the City of Streetsboro is seeking to abate and prevent in the future. Due to the demonstrated potential for harmful secondary effects, the City Council further determines that it is in the best interests of the City for adult entertainment uses to be permitted subject to the specific standards contained herein. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., not more than two such uses within a specified distance of each other which would create such adverse effect(s)). C. Classifications. Adult entertainment uses are classified as follows: 1. Adult arcades; 2. Adult bookstores, adult novelty stores or adult video stores; 3. Adult cabarets; 4. Adult massage parlors; 5. Adult motion picture theaters; 6. Adult theaters; 7. Escort agencies;
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
The regulations in this Section are for the purpose of locating these uses in areas where the adverse impact of their operations may be minimized by the separation of such uses from one another and places of public congregation.
Title 7 Signs
The provisions of this Section do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. The provisions of this Section are not intended to offend the guarantees of the First Amendment to the United States Constitution, or to restrict or deny access by adults to adult entertainment uses and their products, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Section to condone or legitimize the distribution of obscene material.
Title 8 Administration
A. Purpose. It is the purpose of this Section to regulate adult entertainment uses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of Adult entertainment uses and to minimize their negative secondary effects within the City. Based upon studies undertaken and reported by numerous other communities, it is recognized that the adult businesses, identified in this Section because of their very nature, have serious objectionable operational characteristics that cause negative secondary effects upon nearby residential, educational, religious, and other similar public and private uses. The regulation of adult entertainment uses is necessary to ensure that their negative secondary effects will not contribute to the blighting or downgrading of surrounding areas.
Title 9 Subdivisions
Adult Entertainment Uses shall conform to the following standards:
Title 10 LID Standards
Section 11.204.24 1153.20 ADULT ENTERTAINMENT USE
Title 11 Definitions
;RSSQJ;KHMU!RWWK;QU!"%5!AQJVK;Q!LAQA!
Table of Contents
Development Standards for Specific Uses Chapter 11.204
29
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
8. Nude model studios; and 9. Sexual encounter centers.
Title 1 Purpose & Scope
D. Location. 1. Zoning Districts. Adult entertainment uses may only be permitted in the B-R, Regional Business District. 2. Separation Requirements. No adult entertainment use shall be permitted:
Title 2 Districts & Uses
a. Within 500 feet of any other existing Adult Entertainment Use, and/or b. Within 1,000 feet of any residentially zoned district, or any of the following residentially related uses: i.
Title 3 Special Districts
Churches, monasteries, chapels, synagogues, convents, rectories, religious article or religious apparel stores;
ii. Schools up to and including the twelfth grade, including their adjunct play areas; and iii. Public playgrounds, public swimming pools, public parks and public libraries.
Title 4 Gen. Provisions
3. Measurement of Distances. For the purposes of this Section spacing distances shall be measured as follows: a. From all property lines of any Adult Entertainment Use; b. From the outward line of boundary of all residential zoning districts;
Title 5 Parking
c. From all property lines of any residential-related use as enumerated in subsection 2(b)(i through iii), above.
Title 6 Landscaping
E. Signs and Other Visible Messages. All adult entertainment uses shall be permitted signs or other visible messages based on the allowable sign area of the B-R District, provided that messages that are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, videocassettes or printed material available on the premises; or pictures, films, videocassettes or live presentation of persons performing or services offered on the premises.
Title 7 Signs
F. Discontinuance of Operation. Should any adult entertainment use cease or discontinue operation for a period of ninety (90) or more consecutive days, it may not resume or be replaced by any other adult entertainment use unless such use complies with all the requirements set forth in this section. G. Modifications to Conditional Zoning Certificate Process. An application for a conditional zoning certificate for an adult entertainment use in the B-R district:
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
30
1. Shall be heard by the Planning Commission within 30 days of receipt; 2. The Commission shall make a decision upon such application at the time of hearing; 3. The decision of the Commission shall be immediately appealable under Ohio Revised Code Chapter 2506. The provisions in this subsection (G) control over any contrary provision in the Zoning Ordinance of the City. H. Severability. Each of the provisions of this section are severable, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall not be affected, but shall remain in full force and effect.
Section 11.204.25 1153.27.1 BED AND BREAKFAST A. In R-R Districts. Bed and breakfasts may be located in an R-R District with the following conditions, and any other specific conditions imposed by the Planning Commission: 1. Owner Occupied. The owner must reside at the site and provide proof of residency annually to the Zoning Inspector.
City of Streetsboro
Zoning Districts and Uses Title 2
b. B*#%"+0-%-C$+/9;+15-01:%*5+.5%15233%6-%D26.E%02$+/9%2/,%#/-%15233%6-%3#.2$-,%+/%$5-%4+$.5-/%2/,% one shall be located at main entrance/exit; c. First-aid kit; d. Emergency lighting and/or other safety devices as recommended by the Fire Chief. 4. Food Licensing. Food licensing shall be mandated by Ohio Revised Code. 5. Ownership. The operator of the bed and breakfast facility must be the owner of record and hold no less than 50% interest in the property. 6. Single Facility. An owner of a bed and breakfast shall be permitted to operate and maintain only one facility and hold one conditional use permit for such facility.
Title 1 Purpose & Scope
a. Smoke alarms in each unit;
Title 2 Districts & Uses
3. Safety Items. Each facility shall have the following safety items:
Title 3 Special Districts
2. Guests. A maximum of three guest units shall be permitted.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
10. Employment?%%F/3>%$5-%#*/-0%#0%#*/-0(1%+<mediate family shall be employed at the facility. 11. Cause for Repeal of Permit. Failure to comply with these conditions, the Ohio Revised Code, the State Health Department or other such agencies shall be cause for repeal of the conditional use permit. B. In the B District. 1. Converted Dwellings Only. Shall be converted dwellings only; no new principal structures shall be erected for that purpose.
Title 5 Parking
9. Limitation on Stay. The same guest or group of registrants shall not stay at the facility for a period of more than seven consecutive days or more than fourteen total days within a given calendar year.
Title 6 Landscaping
8. Signs. Signage shall be subject to Title 7, Signs.
Title 4 Gen. Provisions
7. Health and Safety. Home occupancy must meet state health and safety requirements.
3. Trash. Shall provide central facilities for collection and disposal of trash.
Title 7 Signs
2. State or US Routes. Shall be located on State or Federal marked routes.
C. Ingress/Egress. Ingress and egress driveways shall be limited to one driveway to any one road, shall not exceed thirty feet each in width, shall be separated from the intersection of any two road right-of-way lines by at least forty feet and from the intersection of any property line with any road right-of-way line by at least ten feet. At least a six inch high pedestrian curb shall be installed where any service areas adjoin any road right-ofway lines, except at driveway approaches. D. Stacking Space. There shall be an adequate area for stacking of vehicles awaiting servicing so as to ensure no interference with traffic flow. Planning Commission will address and determine the adequacy of the stacking area during Site Plan Review.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
B. Performance Standards. The construction, operation and maintenance of such use shall be such that it will not be hazardous, noxious or offensive due to the emission of odor, noise vibration, refuse matters or watercarried wastes.
Title 10 LID Standards
A. Setbacks; Planning Commission Approval. Shall, at a minimum, conform to all setback requirements of the district in which they are permitted and shall be subject to Planning Commission approval.
Title 11 Definitions
Section 11.204.26 1153.22 CAR WASH
Title 8 Administration
4. Sidewalks. Shall provide concrete sidewalks along public and private streets.
31
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
E. Site Plan Review Required. No Zoning Certificate shall be issued until final site plans have been submitted and approved by the Planning Commission.
Title 1 Purpose & Scope
Section 11.204.27 DRIVE THROUGH FACILITY
Title 2 Districts & Uses
Any use or building that contains a drive-through facility that is designed to provide service to a patron who remains in their car shall comply with the requirements of this section. These requirements are intended to support, enhance, and create a high quality public realm; to support and enhance the pedestrian environment and pedestrian connections; and to encourage development that fits well with and improves its existing or planned context. A. Building Design. Drive-through uses must be built as an integral architectural element of the primary structure and use. Building materials shall be the same as those used in the primary structure. Drive-through facilities and structures separate from the primary structure are prohibited.
Title 3 Special Districts
B. Building Location and Orientation. The principal building to which the drive-through use is accessory should be located at or near the front and, if applicable, side street setback lines. Any building with a drive-through use shall have a prominent entrance facing each street upon which it has frontage.
Title 4 Gen. Provisions
C. Drive-Through Setback. Drive-through uses, including the drive-through window and any canopies, shall be located to the rear or side of the primary structure, and set back a minimum of 10 feet from the front or side street building wall of the primary structure. D. Stacking. 1. Stacking lanes shall not be located between the building and a street, and may not be located in a required front yard.
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
32
2. Stacking lanes shall not impede maneuvering or travel lanes on or off-site. 3. There is no minimum stacking requirement, however, the applicant must submit evidence that the proposed number of stacking spaces provided in stacking lanes will be adequate to serve the anticipated traffic. Such evidence may include anticipated number of cars per hour, average service time per car, or other applicable information. E. Headlight Glare. Drive-through uses shall be configured and screened such that glare from the headlights of vehicles waiting in the stacking lane is obstructed from shining into a public right-of-way or neighboring residential use. F. Landscaping. A Type C landscape buffer meeting the requirements of /012$"3())*G,+ shall be provided along rear and side lot lines of a drive-through use located adjacent to a residentially zoned or used property.
Section 11.204.28 1153.23 GAS STATION A. Miscellaneous. Gasoline service stations shall conform to all setback requirements of the district in which they are permitted except that gasoline pump islands need not conform to the building setback lines but shall be setback from all road right-of-way lines at least twenty-five feet. Lubrication, washing and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as provided elsewhere herein. Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare that would constitute a nuisance to any residential district or hazard to traffic on any public thoroughfare. Ingress and egress driveways shall be limited to two, shall not exceed thirty feet each in width, shall be separated from the intersection of any two road right-of-way lines by at least forty feet and from the intersection of any other property line with any road right-of-way line by at least ten feet. At least a six inch high pedestrian curb shall be installed where any service areas adjoin any road right-of-way lines, except at driveway approaches. B. Stacking Spaces. Employee vehicles and vehicles awaiting servicing or return to customers following servicing shall be parked in areas indicated for such parking on the approved site plan. Such parking areas shall not be closer than fifty feet to any road right-of-way.
City of Streetsboro
Zoning Districts and Uses Title 2
Section 11.204.29 PET BOARDING FACILITY G%7-$%6#20,+/9%"2.+3+$>:%1#<-$+<-1%0-"-00-,%$#%21%D,#99>%,2>%.20-:E%+1%2%6;1+/-11%"#0%$5-%$-<7#020>%6#20,+/9%2/,% care of common household pets generally during daytime hours, but in some cases including overnight boarding. Pet boarding facilities may provide related services such as grooming or training, but no animals may be bred or sold at a pet boarding facility unless the pet boarding facility is accessory to a principal retail use. Pet boarding facilities are subject to the following requirements: A. Pets may be boarded at the facility for a maximum of 72 continuous hours (three days). Pets may only be boarded at kennels for periods longer than 72 continuous hours. B. On-site vehicular circulation shall be configured to accommodate vehicles within the boundaries of the site. In no case shall vehicles awaiting drop-off or pick-up of a pet be allowed to encroach onto a public or private street. C. Any pets being boarded overnight shall be confined within the building from the hours of 9 pm until 6:30 am. D. Pet boarding facilities shall be constructed, maintained, and operated so that the sounds and smell of animals cannot be discerned outside of the building. Outdoor runs shall be maintained so that no odors are discernable from adjacent properties. E. Outdoor runs where pets will be permitted either on or off-leash shall be set back a minimum of 100 feet from any adjacent residentially zoned or used land. The 100 foot setback notwithstanding, outdoor runs shall be located as far as practicable from any adjacent residential zoning district. Any outdoor runs where pets will be permitted off-leash shall be surrounded by a minimum 54-inch tall fence. If the fence will be visible from any adjacent residential district or road right-of-way, the fence shall be decorative in nature. F. The Planning Commission may require a landscaped buffer or solid wall to be provided between the outdoor run and any adjacent residential district if the location of the proposed outdoor run could negatively impact adjacent or nearby residentially zoned or used land.
Section 11.204.30 1153.21 PUBLIC OR SELF‐STORAGE Public storage facilities including self-service storage facilities and mini-storage shall conform to the following standards:
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
B. Lot Coverage. Lot coverage of all structures shall be limited to 80% of the lot area.
Title 11 Definitions
A. Security. Electronic surveillance equipment shall be required to serve as security for the facility.
Title 4 Gen. Provisions
4. Paved Area. Storage areas shall be permitted only on paved portions of the site.
Title 5 Parking
3. Separation of Uses. Storage areas shall be clearly separated from, and shall not interfere with areas approved on the site plan for vehicular circulation, automobile servicing and vehicular parking areas necessary and incidental to the primary purpose of the gasoline service station operation; and
Title 6 Landscaping
2. Screening. Storage areas shall be screened from any abutting land zoned for residential purposes by fencing and/or landscaping in accordance with provisions of /012$"3())*G,+;
Title 7 Signs
1. Setbacks. Storage areas for rental trailers and trucks shall conform to all building setback lines;
Title 8 Administration
E. Rental Trucks and Trailers. The rental and storage of utility trailers and trucks offered for rent shall be permitted in conjunction with an automobile service station upon compliance with the following conditions:
Title 9 Subdivisions
D. Visibility at Intersections. All sites shall comply with the clear vision area requirements of !"#$%&'())*-,-*),.
Title 10 LID Standards
C. Outdoor Storage. Not more than eight square feet of ground area may be used for the outdoor storage of discarded materials, automobile parts, scrap and other waste prior to their collection and subsequent disposal. Such storage areas shall be completely obscured from view from any point off the site by a masonry wall not less than five feet in height. Such storage area shall not be located between the principal building and any road right-of-way line and shall be made structurally a part of the principal building or shall be located a distance from the principal building not greater than ten feet.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
Draft Zoning Ordinance: February 15, 2012
33
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
C. Circulation. All one-way driveways shall provide for one ten foot parking lane and one travel lane of a width sufficient to permit emergency vehicle circulation. Traffic direction and parking shall be designated by signage or driveway painting. All two-way driveways shall provide for one ten foot parking lane and two twelve foot travel lanes. The parking lanes may be eliminated when the driveway does not serve storage units.
Title 1 Purpose & Scope Title 2 Districts & Uses
D. Frontage Landscaping. A twenty-five foot wide landscaping buffer zone, parallel to the street frontage, equal to the property frontage excluding ingress-egress drives, and twenty feet setback, shall be required and landscaping shall require trees in the ratio of at least one tree for every 2,000 square feet or fraction thereof of area landscaped. Landscaping shall consist of a variety of hardy evergreen planted material consisting of trees, low-medium-high profile shrubs, together with suitable ground cover and be maintained in such a manner as not to impair vehicle visibility. E. Fence and Wall. The storage area shall be completely enclosed by walls, fences or buildings, or combination. All walls and fences shall conform to !"#$%&'())*.,)*,H, fence and wall regulations.
Title 3 Special Districts
F. Outside Storage Prohibited. Outside storage is prohibited in the self-service storage facilities.
Section 11.204.31 RECREATION, PRIVATE INDOOR
Title 4 Gen. Provisions
Private indoor recreation uses shall be so operated as to create no significant impact on surrounding properties. Compliance with the performance standards of /012$"3())*.,J shall constitute an operation with no significant impact.
Section 11.204.32 1153.13 RECREATION, PRIVATE OUTDOOR
Title 5 Parking
Privately owned and/or operated outdoor recreational facilities generally used intensively including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies, and country clubs are subject to the following: A. General. Recreation facilities and activities permitted pursuant to this section shall meet the following requirements:
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
34
1. Natural Barriers. Site locations shall provide natural or man-made barriers that would lessen the effect of intrusion into an area. 2. Accessory Uses. Only retail uses which are customarily accessory or incidental to the main recreational use shall be permitted and shall include such uses as refreshment stands, souvenir stands and concession stands. 3. Supervision; Nuisance. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general. B. Residential Districts. Recreational facilities pursuant to this section located in any residential district shall meet the following requirements: 1. Property Line Setback. All structures and activity areas, except off-street parking area, shall be located at least 100 feet from all property lines. 2. Ingress/Egress Separation. All points of entrance or exit shall be located no closer than fifty feet from the intersection of two major thoroughfares and/or no closer than fifty feet from the intersection of a major thoroughfare and a collector street.
Section 11.204.33 RETAIL SALES, OUTDOOR A. Lot Requirements. The minimum lot area shall be 10,000 square feet, and the minimum lot width shall be 100 feet. B. Setbacks. 1. Display areas shall meet the setback requirement applicable to principal buildings in the zoning district.
City of Streetsboro
Zoning Districts and Uses Title 2
A. Pavement. All areas subject to vehicular use shall be paved with durable dust-free surfacing, with appropriate bumper guards where needed. B. Display Areas. 1. Display areas shall be set back a minimum of 10 feet from any front property line. 2. When adjacent to a residential zoning district, display and storage areas shall comply with the setback requirements applicable to a principal building, and a minimum 6-foot obscuring wall or buffer shall be provided. 3. When adjacent to a nonresidential zoning district, display and storage areas shall be set back a minimum of 10 feet from any side or rear property line.
Title 1 Purpose & Scope Title 2 Districts & Uses
Section 11.204.34 VEHICLE OR EQUIPMENT SALES OR RENTAL
Title 3 Special Districts
C. Landscaping. A Type D landscape buffer meeting the requirements of /012$"3())*G,+ shall be provided along rear and side lot lines of an outdoor retail sales use located adjacent to a residentially zoned or used property.
Title 4 Gen. Provisions
2. Storage areas. The outdoor storage of products for sale shall not be located in any required front or side yard and shall be handled and stored so as to present an orderly, planned, efficient operation at all times.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
C. Dismantling Prohibited. No vehicle shall be dismantled unless said vehicle is being repaired inside the garage and said repair shall be accompanied by a repair order showing the description of the automobile, owner and the description of the work required. A valid and current license plate shall be displayed on all vehicles. D. Sales Prohibited. No vehicle parked on the property shall be dismantled for the purposes of selling, bartering, swapping or giving of any part or parts of said vehicle.
Title 6 Landscaping
B. Parking Limitation. Any motor vehicle that is being repaired shall not remain on the premises for more than ten days.
Title 7 Signs
A. Parking in Required Front Yard. There shall be no parking in the required front yard area, other than employees and/or customers waiting for service.
Title 5 Parking
Section 11.204.35 1153.22.1 VEHICLE OR MECHANICAL EQUIPMENT SERVICE
I.
Storage or Impounding Prohibited. The storage or the impounding of vehicles shall not be permitted pursuant to the conditions of this section.
J. B District Standards. The following standards apply in the B district (in addition to all of the above standards): 1. Inside Building. All activities take place inside the building. 2. Hours of Operation. If adjacent to any residential district, the hours of operation shall be between 7:00 a.m. and 10:00 p.m. 3. Sale or Rental Prohibited. The sale or rental of recreational vehicles or utility trailers is prohibited.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
H. Drainage and Mud. The parking and drive area shall have a suitable cover to contain any mud that might be carried onto the roadway and shall have proper drainage.
Title 10 LID Standards
G. Trash Containers. There shall be trash containers of sufficient size and capacity to contain any and all wastes generated by the operation of business.
Title 11 Definitions
F. Rubbish. The premises shall be devoid of all rubbish, litter, debris, automobile parts, etc. in accordance with Chapter 941.
Title 8 Administration
E. Large Vehicles. No trucks with a capacity over one ton, buses, camping trailers, truck or trailers shall be permitted on the property at any time unless the said vehicles are being repaired in the garage.
35
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
Section 11.204.36Â 1153.24 VETERINARY HOSPITAL, CLINIC, OR OFFICE All such uses shall be located in a building having adequate soundproofing and odor control. The boarding of animals shall be restricted to allow overnight lodging only as necessary for animals receiving medical attention.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
36
City of Streetsboro
Zoning Districts and Uses Title 2
Heavy manufacturing and processing activities are permissible only if, in the opinion of the planning commission, adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this ordinance and will minimize impacts on residential neighborhoods. Compliance with the performance standards of /012$"3())*.,J shall be the minimum threshold for compatibility with neighboring residential uses.
Section 11.204.38 1153.28 STORAGE/IMPOUND YARD
Title 1 Purpose & Scope
Section 11.204.37 MANUFACTURING, FABRICATING AND PROCESSING ﴾HEAVY﴿
Title 2 Districts & Uses
KOPLANJKHM!"%5!QXNJH;NKRO!LAQA!
Table of Contents
Development Standards for Specific Uses Chapter 11.204
A. Frontage. Said lot shall front on any of the following streets: 1. Crane Center Drive;
Title 3 Special Districts
Storage yards are subject to the following conditions:
3. Wellman Road; 4. Ellsworth Road; and
Title 4 Gen. Provisions
2. W. Wason Drive;
C. Open Space. At least the first 50 feet of any yard shall be open space landscaped and maintained so as to minimize undesirable visual effects generated by the impound yard and may not be used for any other purpose. The balance of the yard area may be used as open space, employee picnic or recreation areas or employee and visitor parking, subject to conditions deemed appropriate by the City Planning Commission. Any area used for employee and visitor parking shall have a hard surface such as asphalt or concrete.
Title 6 Landscaping
B. Lot Depth. A required yard shall be 150 feet in depth whenever contiguous to a residential district or residentially used property.
Title 5 Parking
5. Ethan Avenue.
H. Repairs. Impounded motor vehicles may be given engine, mechanical, electrical and similar repairs needed to allow inoperable cars to become operable. The repairs contemplated by this section are minor repairs and do not include substantial or complete motor replacement. All repairs shall be made within a building. Totaled Vehicles. Any impound motor vehicle which is totaled, substantially totaled or motorless, may not be stored in an impound motor vehicle yard more than 30 days. Such vehicles must be relocated to junk yards, salvage yards or automobile wrecking yards, whether or not such junk yards, salvage yards, or automobile wrecking yards exist in Streetsboro.
J. Inventory Report. An operator of impound motor vehicle yard must submit an inventory report to the City of H$0--$16#0#(1%I;+3,+/9%2/d Zoning Inspector as frequently as the Building and Zoning Inspector may require, except that the Building and Zoning Inspector may not require the submission of said report any more frequently than once a month. Said report shall be submitted on a form designed by the Building and Zoning Inspector. Two copies of said form shall be given to the operator when the operator gets a zoning permit. One
Title 11 Definitions
I.
Title 8 Administration
G. Prohibited. Impound motor vehicles may not be dismantled, wrecked, sold, exchanged, traded, painted or given any body repair work.
Title 9 Subdivisions
F. Circulation; Storage. Each storage space for an impounded vehicle shall be contiguous to a driving aisle. No storage space may contain more than one impound motor vehicle.
Title 10 LID Standards
E. Fence General. That portion of a lot used for the impound area shall be completely enclosed with a solid fence six feet in height. That portion of a fence not subject to paragraph D above shall be fenced pursuant to specifications appearing in !"#$%&'())*.,)*,H*I.
Title 7 Signs
D. Fence Adjacent to Residential District or Use. Any yard contiguous to a residential district or residentially used property shall have a Type E buffer complying with the requirements of /012$"3())*G,+.
Draft Zoning Ordinance: February 15, 2012
37
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
copy shall be used by the operator to submit a first report. The second copy shall be used by the operator to make copies to be used for subsequent reports.
Title 1 Purpose & Scope
K. Monitoring. The Building and Zoning Inspector shall have the authority with the prior written consent of the Law Director, to promulgate rules and regulations reasonably necessary to administer monitoring the operation of said yards.
Section 11.204.39 1153.19 SURFACE MINING
Title 2 Districts & Uses
No operator shall engage in surface mining or conduct a surface mining operation without a permit issued by the Service Director as conditionally approved by the Planning Commission. A. Application. An application for a permit, with the permit fee of seven hundred and fifty dollars ($750.00) for administrative costs and site plan technical review, shall be upon such form as the Service Director prescribes and provides, and shall contain:
Title 3 Special Districts
1. Contact Information. The name and address of the applicant, of all partners if the applicant is a partnership, or of all officers and directors if the applicant is a corporation, and any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors, or managers of the applicant;
Title 4 Gen. Provisions
2. Minerals. A list of the minerals sought to be extracted, an estimate of the annual production rates for each mineral, and a description of the land upon which the applicant proposes to engage in a surface mining operation, which description shall set forth: the name of the counties, townships and municipal corporations in which the land is located; the location of its boundaries; and a description of the land of sufficient certainty that it may be located and distinguished from other lands;
Title 5 Parking
3. Project Size. An estimate of the number of acres of land that will comprise the total area of land to be affected and an estimate of the number of acres of land to be affected during the first year of operation under the permit;
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
38
4. Owner Information. The name and address of the owner of surface rights in the land upon which the applicant proposes to engage in surface mining; 5. Deed. A copy of the deed, lease or other instrument which authorizes entry upon such land by the applicant or his agents, if surface rights in the land are not owned by the applicant; 6. Existing Permits and Licenses. A statement of whether any surface mining permits or strip mining licenses are now held by the applicant in this state, and if so, the numbers of the permits or licenses; 7. Previous Permits and Licenses. A statement of whether the applicant, any partner if the applicant is a partnership, any officer or director if the applicant is a corporation, or any other person who has a right to control or in fact controls the management of the applicant or the selection of officers, directors or managers of the applicant has ever had a surface mining permit or strip mining license issued by this or any other state suspended or revoked, or has ever forfeited a surface or strip mining bond, cash or a security deposited in lieu of bond; 8. Test Borings. A report of the results of test borings that the operator has conducted on the area or otherwise has readily available, including, to the extent that such information is readily available to the operator, the nature and depth or overburden and material underlying each mineral and the thickness and extent of each mineral deposit. All information relating to test boring results submitted to the Service Director shall be kept confidential and not made a matter of public record, except that the information may be disclosed by the Service Director in any legal action in which the truthfulness of the information is material. 9. Reclamation Plan. A complete plan for mining and reclamation of the area to be affected, which shall include a statement of the intended future uses of the area and show the approximate sequence in which mining and reclamation measures are to occur, the approximate intervals following mining during which the reclamation of all various parts of the area affected will be completed, and the measures the operator will perform to prevent damage to adjoining property, including maintenance of water table, and to achieve all the following general performance standards for mining and reclamation:
City of Streetsboro
Zoning Districts and Uses Title 2
h. O3"@"'$(M'6"3;3&7'6(C1$"3(/&'$1E%'1$%&'. During mining and reclamation, insure that contamination, resulting from mining, of underground water supplied is prevented. Upon completion of reclamation, insure that any lake or pond located within the site boundaries are free of substances resulting from mining in amounts or concentrations that are harmful to persons, fish, waterfowl, or other beneficial species of aquatic life. The permittee shall establish contingency plans for the immediate furnishing of potable water to affected residents for such period as may be required to reestablish proper potability on any polluted or contaminated well or wells. Unless otherwise enumerated or delineated by the Service Director, the requirement to provide such immediate water supply shall be limited to residents within 1,000 feet of the mining operation. The permit holder shall be responsible for the obligation to provide potable water, without cost to the residents receiving the same, provided liability is established by the Ohio Department of Natural Resources. The voluntary providing of water by the permittee shall not be construed as an admission of liability. i.
P31%'1;". During mining and reclamation, control drainage so as to prevent the causing of flooding, landslides and flood hazards to adjoining lands resulting from the mining operation. Leave any ponds in such condition as to avoid their constituting a hazard to adjoining lands.
j.
O015%';V(/&E28"$%&'(&9(:"#81E1$%&'. Insure that mining and reclamation are carried out in the sequence and manner set forth in the plan and that reclamation measures are performed in a timely manner. All reclamation of an area of land affected shall be completed no later than six months following the mining of such area, unless the operator makes a showing satisfactory to the Service Director that the future use of such area required a longer period for completing reclamation. Extension due to weather delay will be subject to Service Director approval. A surety bond of twenty-five thousand dollars ($25,000) per mining operation shall be deposited with the Service Director prior to any mining to insure site restoration as required by Ohio R.C. Chapter 1509, and the Streetsboro Planning Commission.
k. A&25&%8(&3(S%88. During mining, store topsoil or fill in quantities sufficient to complete the backfilling, grading, contouring, terracing and resoiling that it specified in the plan. Stabilize the slopes of and plant each spoil bank to control soil erosion and sedimentation wherever substantial damage to adjoining property might occur.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
g. !73@">(!$1U"5. Reestablish boundary, section corner, government and other survey monuments that were removed by the operator.
Title 6 Landscaping
f. :"E&@18(&9(M'B1'$"6(!$37#$73"5. Remove any metal, lumber, equipment or other refuse resulting from mining, and remove any unwanted or useless structures.
Title 7 Signs
e. T";"$1$%@"(/&@"3. Establish a diverse vegetative cover of grass and legumes or trees, grasses, and legumes capable of self-regeneration and plant succession wherever required by the plan.
Title 8 Administration
d. :"5&%8. Resoil the area of land affected, wherever needed, with topsoil or suitable subsoil, fertilizer, lime or soil amendments, as appropriate, in sufficient quantity and depth to raise and maintain a diverse growth of vegetation adequate to bind the soil and control soil erosion and sedimentation.
Title 9 Subdivisions
c. !&%8(!$1?%8%$>. Grade, contour or terrace final slopes, wherever needed, sufficient to achieve soil stability and control landslides, erosion and sedimentation. High walls will be permitted if they are compatible with the future uses specified in the plan and measures will be taken to insure public safety. Where ponds, impoundments, or other resulting bodies of water are intended for recreational use, establish banks and slopes that will assure safe access to such bodies of water. Where such bodies of water are not intended for recreation, include measures to insure public safety, including fencing, but access need not be provided.
Title 10 LID Standards
b. /&E23"0"'5%@"(O81'. Where a plan of zoning or other comprehensive plan has been adopted which governs land uses or the construction of public improvements and utilities, for an area that includes the area sought to be mined, insure that future land uses within the site will not conflict with the plan.
Title 11 Definitions
a. S7$73"(M5". Prepare the site adequately for its intended future uses upon completion of mining.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
39
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents
l.
Title 1 Purpose & Scope
m. Z=28&5%@"5. During mining, detonate explosives in a manner that will prevent damage to adjoining property in accordance with specific blasting permit issued by the City. The applicant must provide evidence of liability insurance in the amount of seven hundred and fifty thousand dollars ($750,000). Such policy must be on file with the Service Director's office.
Title 2 Districts & Uses
10. Vicinity Map. A map in triplicate, on a scale of not more than four hundred feet to the inch, or three copies of an enlarged United States geological survey topographic map on a scale of not more than four hundred feet to the inch. The map shall: a. /"3$%9%"6(O3&9"55%&'18. Be prepared and certified by a registered professional engineer and registered surveyor, State of Ohio;
Title 3 Special Districts
b. Y99"#$"6(L1'6V(!"$?1#U5. Identify the area of land to be affected corresponding to the application, with minimum setback to be established by the conditional permit;
Title 4 Gen. Provisions
c. Y6[1#"'$(W%'%';(R2"31$%&'5. Show the probable limits of subjacent and adjacent deep, strip or surface mining operations, whether active, inactive, or mined out. Show the office facilities, certified scale, sanitary facilities and health and safety devices pertinent to the operation; d. Y99"#$"6(L1'6V(RB'"350%2. Show the boundaries of the area of land to be affected during the period of the permits and the area of land estimated to be affected during the first year of operation, name the surface and mineral owners of record of the area, and the owners of record of adjoining surface properties;
Title 5 Parking
e. \6"'$%9%#1$%&'V(]"'"318. Show the names and locations of all streams, creeks or other bodies of water, roads, railroads, utility lines, buildings, cemeteries and oil and gas wells, on the area of land to be affected and within five hundred feet of the perimeter of the area;
Title 6 Landscaping
f. Y6[1#"'$(/&EE7'%$%"5. Show the counties, municipal corporations, townships and sections in which the area of land to be affected is located; g. P31%'1;"(O81'. Show the drainage plan on, above, below and away from the area of land to be affected, indicating the directional flow of water, constructed drainways, natural waterways used for drainage, and the streams or tributaries receiving or to receive this discharge;
Title 7 Signs
h. A"5$(I&3%';5. Show the location of available test boring holes that the operator has conducted on the area of land to be affected or otherwise has readily available.
Title 8 Administration
i.
W%5#"881'"&75. Show the date on which the map was prepared, the north direction and the quadrangle sketch, and the exact location of the operation;
j.
/%3#781$%&'* Show the all-weather, two-lane service roads, (minimum eighteen feet width) adjoining public roads, and specific dust control measures for internal and external traffic, including bitumin binding materials.
Title 9 Subdivisions
k. !73@">(W&'7E"'$5. Show the type, kind, location and references of all existing boundary, section corner, government and other survey monuments within the area to be affected and within five hundred feet of the perimeter of the area. l.
Title 10 LID Standards Title 11 Definitions
40
W%'%E%X"(Y#%6(P31%'1;". During mining, promptly remove, store or cover any coal, pyritic shale, or other acid producing materials in a manner that will minimize acid drainage and the accumulation of acid water.
!19"$>(^&'"5. Show restricted access safety zones, signage, approved barriers as appropriate for fixed base processing equipment or pits, water holes, and potential safety hazards.
m. /"3$%9%#1$%&'(A"=$. The certification of the maps shall read: "I, the undersigned (the owner), hereby certify that this map is correct, and shows to the best of my knowledge and belief all of the information required by the surface mining laws of the state." The certification shall be signed and attested before a notary public. The Service Director may reject any map as incomplete if its accuracy is not so certified and attested. B. Impact on Roadways.
City of Streetsboro
Zoning Districts and Uses Title 2
C. Vehicles and Weight. Movement of any vehicles exceeding the legal weight limit set by law shall be prohibited on any and all City streets without prior written approval by the Service Director. The movement of such vehicles is further prohibited on Saturday, Sunday and/or legal holidays and at any other time other than 7:00 a.m. to 6:00 p. m., unless otherwise approved by the Service Director. The Service Director shall have the right and discretion to revoke approval of transportation of equipment at any time that the condition of the roads, the weather or the traffic conditions make travel unsafe, or imminent threat of severe damage to the roads and/or public improvements along the proposed route of travel of such vehicles exists. D. Clean Roads. While mining, all mud carried onto public roadways by trucks, equipment, etc., shall be cleared by the miner from the public roadways as many times as necessary every day to keep the road clean and safe at all times. The miner shall have Service Director approved road cleaning equipment at the site at all times for this purpose. E. Signs. Safety signage must be provided as required at the direction of the Planning Commission and the Service Director. See Uniform Traffic Control Chart, Ohio Department of Transportation, latest edition. F. EPA Regulations. All E.P.A. rules shall be followed relative to air quality control and disposal of waste water.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
4. Insurance. The applicant shall provide a general liability insurance policy in the amount of one million dollars ($1,000,000), a copy of which, in full force and effect, shall be on file with the Service Director.
Title 5 Parking
3. Cash Bond. The applicant shall further post a cash bond of not less than five thousand dollars ($5,000) with the City to cover the costs of repair of all affected roads and/or public improvements which may be damaged as a result of the transportation of equipment by the applicant.
Title 6 Landscaping
2. Responsibility. The correction of any damages to any road surfaces occurring as the direct or indirect result of the movement of heavy equipment or heavy trucks any way associated with the mining shall be the responsibility of the permit holder. The City assumes no liability for damage to the applicant's equipment or load being moved due to the failure of the City streets. The permit holder shall compensate the City for personal injury and/or property damages and shall further hold the City harmless of any and all claims, damages or proceedings of any kind and from all responsibility for personal injury or property damage, public or private, caused directly or indirectly as a result of the transportation of any and all equipment related to the mining activities.
Title 7 Signs
1. Route Map. At a minimum of thirty days prior to the start of mining operations, a map indicating any and all routes and time schedules to be used in conjunction with the mining operations shall be submitted to the Service Director. The Service Director shall than visually inspect such roads in the company of an agent of the permittee to determine their condition prior to any activity on the part of the applicant.
Table of Contents
Development Standards for Specific Uses Chapter 11.204
Revocation. The failure to pay the fee as is set forth in subsection (h) hereof shall be grounds for revocation of the conditional zoning certificate for such surface mining operations in accordance with subsection (j) hereof.
J. Refusal to Issue Permit. Failure to comply with any provisions of this section shall be grounds to refuse to issue a permit to mine or shall be grounds to revoke a permit already issued. Revocation of a permit shall remove all right of the permittee to mine until such time as the permittee takes steps to be in compliance with this section. Mining operations carried on by the permittee after revocation of this permit shall constitute a violation of this section and shall be punishable as provided in subsection (k) hereof.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions Title 10 LID Standards
I.
Title 11 Definitions
H. Inspection Fee. Pursuant to Ohio R.C. 1509.39 and in order to insure continuing compliance with the health and safety standards as are set forth above during the life of the project within the City limits, there is hereby established an annual fee to be used for the regulation of such operations and to cover the cost of the inspection and enforcement of past, present and future regulations within the City. The amount of such fee shall be five hundred dollars ($500.00) per site per year. The fee is due and payable in the first year of operation within ten days after a conditional zoning certificate has been granted. Thereafter, the fee is due and payable on January 1 of each year for such sites in successive years and during the life of the project and until final restoration is completed as approved by the Service Director.
Title 8 Administration
G. Weights and Measures Seal. The operator shall post in a conspicuous place the seal of the Weights and Measures Inspector of jurisdiction, at the truck scale. Such posting shall be renewed annually.
41
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents Title 1 Purpose & Scope
K. Penalty. Whoever violates any of the provisions of this section, or any amendment hereafter adopted to this section, shall be guilty of a first degree misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each day's violation of any provision shall constitute a separate offense. The City Law Director is further authorized to seek injunctive relief against any violation of any provision of this section or of amendments hereto in any proper court. L. Reclamation Prior to Additional Mining. Before any existing company's site plan can be approved for any additional surface mining, an equal or greater amount of land must be reclaimed as per ODNR standards.
Title 2 Districts & Uses
M. Hours of Operation. Actual working hours shall be conducted between 7:00 a.m. and 7:00 p.m. Monday through Friday and from 7:00 a.m. to Noon on Saturday. No work shall be done on Sundays or Holidays. N. Existing Building Setback. Five hundred foot setback from any existing building and/or property designed as a recreational facility at the time of application, or 100 foot setback from any other existing property lines.
Title 3 Special Districts
O. Front Yard Setback. Eight hundred foot front yard setback. P. Storm Water Management. Such uses shall comply with Storm Water Phase II Regulation.
Section 11.204.40 WAREHOUSING/DISTRIBUTION Title 4 Gen. Provisions
Coal and coke and bulk storage are not permitted. Flammable liquids and underground storage is not permitted within 300 feet of any residential district
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
42
City of Streetsboro
Zoning Districts and Uses Title 2
Home occupations shall comply with the following requirements: A. Location within Dwelling Unit. Such use shall be conducted entirely within the dwelling unit used by the person conducting the home occupation as his private residence; B. Incidental and Secondary. Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not involve any extension or other structural modification of the dwelling;
Title 1 Purpose & Scope
Section 11.204.41 1153.08 HOME OCCUPATION
Title 2 Districts & Uses
H;;QAARJTU!NQSYRJHJTU!"%5!RNZQJ!LAQA!
Table of Contents
Development Standards for Specific Uses Chapter 11.204
E. Nuisance. Such use shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference or other causes; F. Signage. There shall be no outward evidence of such use except not more than one sign as authorized by A%$8"(Q.
Title 4 Gen. Provisions
D. Floor Area Limitation. Such use shall not involve the use of more than one-fourth of the floor area of not more than one story of the dwelling;
Title 3 Special Districts
C. Reside in Dwelling. Such use shall be conducted only by persons residing in the dwelling unit;
A. In the B-N, B, B-R, and D Districts. Limited outdoor sales, display and storage areas shall comply with the following regulations: 1. Outdoor sale, storage and display of goods, supplies and equipment (limited to those sold or used on the premises) may not be located in any required yard or other required open space.
Title 6 Landscaping
Limited outdoor sales, display and storage not exceeding one square foot of outdoor space for every 5 square feet of indoor building space is subject to the following requirements:
Title 7 Signs
Section 11.204.42 1137.07 LIMITED OUTDOOR SALES, DISPLAY OR STORAGE AREAS ACCESSORY TO A PRINCIPAL USE
Title 5 Parking
G. Traffic/Parking. Traffic or parking generated by such home occupation shall not be significantly greater in volume or requirement than normally to be expected in a residential neighborhood.
3. Outdoor display and storage areas shall be maintained in a neat and orderly fashion. 4. The site plan, submitted to the Planning Commission pursuant to /012$"3())*J,+ shall indicate:
Title 8 Administration
2. All goods, supplies or equipment shall be screened from any adjacent residential lot and from any street right-of-way by a substantially solid wall or fence specified in !"#$%&'())*.,)*,H*I.
6. Special sidewalk sale by permit only. See Chapter 723 of the Codified Ordinances. B. In the I-1 District. Accessory outdoor display and storage areas may be provided in the I-1 District pursuant to the following regulations: 1. Outdoor sale, storage and display of goods, supplies and equipment (limited to those sold or used on the premises) may not be located in any required yard or other required open space.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
5. Outdoor storage and/or display areas shall not be located in areas intended for vehicular or pedestrian traffic circulation according to the site plan.
Title 11 Definitions
b. Proposed fence locations
Title 9 Subdivisions
a. The area to be used for outdoor display/storage.
43
Title 2 Zoning Districts and Uses Chapter 11.204 Development Standards for Specific Uses Table of Contents Title 1 Purpose & Scope
2. All goods, supplies or equipment shall be screened from any adjacent residential lot and from any street right-of-way by a substantially solid wall or fence erected to a height of not less than four feet, or by planting a strip of land at least eight feet in width with dense landscaping (including substantial all season planting) at least four feet high to obstruct sight and noise, provided that a street oriented outdoor display of a representative limited portion of the goods, supplies or equipment sold on the premises may be permitted without required screening and may be located in a front yard, but no nearer to the right-of-way line than twenty feet, if approved by the Planning Commission in accordance with the procedures of /012$"3())*J,+.
Title 2 Districts & Uses
3. Outdoor display and storage areas shall be maintained in a neat and orderly fashion. 4. The site plan, submitted to the Planning Commission pursuant to /012$"3())*J,+ shall indicate: a. The area to be used for outdoor display and/or storage,
Title 3 Special Districts
b. Proposed fence location, and c. The location and type of any artificial illumination devices contemplated.
Section 11.204.43 OUTDOOR DINING Title 4 Gen. Provisions
Outdoor dining and table service, including but not limited to patios and sidewalk cafes, are subject to the following requirements: A. The sales and service of food outdoors shall be incidental to a similar principal use indoors and adjacent to that principal use.
Title 5 Parking
B. Outdoor dining areas shall not obstruct the entrance to any building or sidewalk. If outdoor dining areas are located on a sidewalk in front of a building, a minimum 5-foot wide clear pedestrian travel way shall be maintained on the sidewalk or pathway. C. Temporary, manufactured or free standing food service providers are not considered outdoor dining uses.
Title 6 Landscaping
D. The outside table service shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether the outside table service (or any part thereof) interferes shall be made by the zoning administrator at the time of application based on the characteristics of each proposed site.
Title 7 Signs
E. The height of any barrier or installed landscaping shall not exceed three feet, six inches (3'6"). Any barriers permitted in a public right-of-way shall be entirely portable.
Title 8 Administration
F. Signs are not allowed in the outside table service area with the exception of a menu sign. Business names may be allowed on the valence of awnings and/or umbrellas. G. All outside table services must be readily accessible to and useable by individuals with disabilities. H. Approval of a right of way use permit by the agency with jurisdiction. I.
Title 9 Subdivisions
Use and occupation of the public right-of-way which is allowed under this ordinance may be temporarily suspended, without prior notice or hearing, when, in the discretion of the Planner/Safety Director any such use, occupation or obstruction may interfere with public safety efforts or programs, special events, street improvement activities, construction activities, cleaning efforts, or other similar activities or with the health, welfare, or safety of the citizens of the City.
Title 10 LID Standards
J. No music or other noises generated by the operation of an outdoor dining area shall be audible on adjacent residentially zoned properties before 4 pm or after 10 pm. Music or other noises generated by the operation of the outdoor dining area shall comply with the performance standards for noise contained in this Ordinance.
Title 11 Definitions
44
City of Streetsboro
Zoning Districts and Uses Title 2
C. All temporary uses of a structure/property shall comply with all underlying zoning district standards, except off-street parking requirements. D. Temporary use permits shall be valid for a period not exceeding 90 days within a calendar year. Temporary uses shall be discontinued immediately upon expiration of the temporary use permit. E. Signs for temporary uses are considered part of the use and shall be covered by the temporary use permit.
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
F. All required minimum dimensional standards of the underlying zoning district shall apply to the placement of a temporary use and all associated structures.
Title 1 Purpose & Scope
B. Temporary use permits may be granted for uses that are compatible with the list of uses permitted in the underlying zoning district. For example, a seasonal temporary use such as flower sales is permissible in zoning districts that permit retail sales.
Title 2 Districts & Uses
A. No temporary use of a structure or site shall be commenced without a temporary use permit first being applied for and issued by the Zoning Inspector.
Title 3 Special Districts
Section 11.204.44 TEMPORARY USE PERMITS
Table of Contents
Development Standards for Specific Uses Chapter 11.204
Draft Zoning Ordinance: February 15, 2012
45
Special Purpose Zoning Districts Title 3
Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Council of City of Streetsboro, State of Ohio, does ordain as follows: A. Findings of Fact. The City of Streetsboro has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures- generally undertaken at the expense of the general public- for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted. B. Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects;
Title 1 Purpose & Scope Title 2 Districts & Uses
Section 11.301.01 STATUTORY AUTHORIZATION AND PURPOSE
Title 3 Special Districts
FP Flood Plain Overlay District
Title 4 Gen. Provisions
Chapter 11.301
Title 5 Parking
Title 3 SPECIAL PURPOSE ZONING DISTRICTS
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
Title 7 Signs
4. Minimize prolonged business interruptions;
Title 6 Landscaping
3. Minimize the need for rescue and relief efforts associated with flooding and
9. Ensure that the flood storage and conveyance functions of the floodplain are maintained; 10. Minimize the impact of development on the natural, beneficial values of the floodplain; 11. Prevent floodplain uses that are either hazardous or environmentally incompatible; and 12. Meet community participation requirements of the National Flood Insurance Program.
Title 9 Subdivisions
8. Minimize the impact of development on adjacent properties within and near flood prone areas;
Title 8 Administration
7. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
Title 10 LID Standards
C. Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
47
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents
4. Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
Title 1 Purpose & Scope
5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
Section 11.301.02 1122.01 USES
Title 2 Districts & Uses
In the FP district, the following uses are or may be permitted. The following list replaces the list of uses permitted in the underlying zoning district. A. Principal Uses. 1. Agricultural row crops or pasture.
Title 3 Special Districts
2. Wildlife refuge and game preserve. 3. Tree farm and fish farm. B. Conditional Uses. The Planning Commission may issue conditional zoning certificates for uses listed herein subject to the requirements of /012$"3())*J,H:
Title 4 Gen. Provisions
1. Single-family dwellings. 2. Agricultural and accessory buildings.
Title 5 Parking
3. Roadside stands, offering for sale only agricultural products which are produced on the premises. Such stand, sign and required off-street parking shall be located and set back in such a manner as not to create a traffic hazard. 4. Public utility services and pertinent structures, including utility substations and transformers.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
48
5. Home occupations. 6. Surface mining and extraction limited to peat moss or sand/gravel removal and operations necessary for their extraction.
Section 11.301.03 1122.02 GENERAL PROVISIONS A. Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Streetsboro as identified in this Chapter, including any additional areas of special flood hazard annexed by City of Streetsboro. B. Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and/or maps are adopted: 1. Flood Insurance Study Portage County, Ohio and Incorporated Areas and Flood Insurance Rate Map Portage County, Ohio and Incorporated Areas both effective August 18, 2009. 2. Any hydrologic and hydraulic engineering analysis by a registered Professional Engineer in the State of Ohio, which has been approved by the City of Streetsboro as required by Section 11.301.06.C. Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Engineering Department, 9184 State Route 43, Streetsboro Ohio 44241. C. Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances (resolutions) including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance (resolution), the more restrictive shall be followed. These regulations shall not intend to impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.
City of Streetsboro
Special Purpose Zoning Districts Title 3
E. Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Streetsboro, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder. F. Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
Section 11.301.04 1122.03 DEFINITIONS Specific definitions used in this Chapter are listed in /012$"3())*)),G Any word not defined in /012$"3())*)),J shall have the meaning ascribed to it in any other chapter of A%$8"()), or if not listed anywhere in it shall be interpreted to have the meaning of the word in common usage.
Title 1 Purpose & Scope Title 2 Districts & Uses
3. Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
Title 3 Special Districts
2. Liberally construed in favor of the governing body; and,
Title 4 Gen. Provisions
1. Considered as minimum requirements;
Title 5 Parking
D. Interpretation. In the interpretation and application of these regulations, all provisions shall be:
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
A. Designation of the Floodplain Administrator. The City Engineer or designated entity is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
Title 6 Landscaping
Section 11.301.05 1122.04 ADMINISTRATION
1. Evaluate applications for permits to develop in special flood hazard areas.
Title 7 Signs
B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
6. Enforce the provisions of these regulations. 7. Provide information, testimony, or other evidence as needed during variance hearings. 8. Coordinate map maintenance activities and FEMA follow-up.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
5. Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
Title 10 LID Standards
4. Inspect buildings and lands to determine whether any violations of these regulations have been committed.
Title 11 Definitions
3. Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
Title 8 Administration
2. Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
49
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents
9. Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
Title 1 Purpose & Scope Title 2 Districts & Uses
C. Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
Title 3 Special Districts
D. Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
Title 4 Gen. Provisions
1. Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. 2. Elevation of the existing, natural ground where structures are proposed. 3. Elevation of the lowest floor, including basement, of all proposed structures.
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
50
4. Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations. 5. Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable: a. Floodproofing certification for non-residential floodproofed structure as required in !"#$%&'( ))*+,)*,G*Z. b. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of !"#$%&'())*+,)*,GP*H are designed to automatically equalize hydrostatic flood forces. c. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in !"#$%&'( ))*+,)*,G\*+. d. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by !"#$%&'())*+,)*,G\*-* e. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by !"#$%&'())*+,)*,G\*). f. Generation of base flood elevation(s) for subdivision and large scale developments as required by !"#$%&'())*+,)*,G*/. E. Floodplain Development Permit Application Fee. The fee for the application shall be set at one hundred dollars ($100.00) plus fifty dollars ($50.00) per dwelling unit or two and one half cents ($0.025) per square foot of building area for non-residential buildings. F. Review and Approval of a Floodplain Development Permit Application.
City of Streetsboro
Special Purpose Zoning Districts Title 3
H. Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions. I.
Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued: 1. For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
G. Approval. Within 30 days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one year. A floodplain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
Title 4 Gen. Provisions
2. The Floodplain Administrator shall review all floodplain- development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
Title 5 Parking
1. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in subsection (d) hereof has been received by the Floodplain Administrator.
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
3. Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code. 4. Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code. 5. Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management. Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations. L. Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Streetsboro's flood maps, studies and other data identified in Section 11.301.03.B accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
Draft Zoning Ordinance: February 15, 2012
Title 7 Signs Title 8 Administration
2. Development activities in an existing or proposed manufactured home park. Such activities are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
Title 9 Subdivisions
1. Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $5,000.
Title 10 LID Standards
K. Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
Title 11 Definitions
J. Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for Counties) in accordance with Section 11.301.07 of these regulations.
Title 6 Landscaping
2. A Letter of Map Revision.
51
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents
1. Requirement to submit new technical data. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
Title 1 Purpose & Scope
a. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries; b. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
Title 2 Districts & Uses
c. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
Title 3 Special Districts
d. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 11.301.06.C. 2. It is the responsibility of the applicant to have technical data, required in accordance with this subsection, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
Title 4 Gen. Provisions
3. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for: a. Proposed floodway encroachments that increase the base flood elevation; and
Title 5 Parking
b. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway. 4. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
52
M. Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Streetsboro, and may be submitted at any time. N. Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Streetsboro have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Streetsboro's Flood Insurance Rate Map accurately represent the City of Streetsboro boundaries, include within such notification a copy of a map of the City of Streetsboro suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Streetsboro has assumed or relinquished floodplain management regulatory authority. O. Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard: 1. In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source. 2. Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator. 3. When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
City of Streetsboro
Special Purpose Zoning Districts Title 3
2. Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and 3. Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction. 4. Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
Section 11.301.06 1122.05 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in !"#$%&'())*+,)*,+*I or !"#$%&'())*+,)*,HR*): A. Use Regulations. 1. Permitted Uses. See !"#$%&'())*+,)*,-. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Streetsboro are allowed provided they meet the provisions of these regulations.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
1. Determine whether damaged structures are located in special flood hazard areas;
Title 5 Parking
P. Substantial Damage Determinations. Damages to structures may result from a variety of causes including tornado, wind, heavy snow, flood, fire, etc. After such a damage event, the Floodplain Administrator shall:
Title 6 Landscaping
5. Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
Title 7 Signs
4. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 11.301.07, Appeals and Variances.
Title 8 Administration
b. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
Title 9 Subdivisions
a. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
a. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Section 3701 of the Ohio Revised Code.
B. Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
Title 11 Definitions
b. Infectious waste treatment facilities in all special flood hazard areas, permitted under Section 3734 of the Ohio Revised Code.
Title 10 LID Standards
2. Prohibited Uses.
Draft Zoning Ordinance: February 15, 2012
53
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
Title 1 Purpose & Scope
2. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, 3. On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding. C. Subdivisions and Large Developments.
Title 2 Districts & Uses
1. All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
Title 3 Special Districts
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
Title 4 Gen. Provisions
4. In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less. 5. The applicant shall meet the requirement to submit technical data to FEMA in !"#$%&'())*+,)*,H\*) when a hydrologic and hydraulic analysis is completed that generates base flood elevations.
Title 5 Parking
D. Residential Structures.
Title 6 Landscaping
1. New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage established by this section are satisfied. 2. New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
Title 7 Signs
3. New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
Title 8 Administration
4. New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
Title 9 Subdivisions
5. New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards: a. Be used only for the parking of vehicles, building access, or storage; and
Title 10 LID Standards
b. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
Title 11 Definitions
c. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
54
City of Streetsboro
Special Purpose Zoning Districts Title 3
2. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards: a. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and, c. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with items a and b above.
Title 1 Purpose & Scope Title 2 Districts & Uses
1. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements for residential structures contained above (excluding item 4).
Title 3 Special Districts
E. Nonresidential Structures.
Title 4 Gen. Provisions
7. Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this subsection.
Title 5 Parking
6. Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of overthe-top or frame ties to ground anchors.
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
1. They shall not be used for human habitation; 2. They shall be constructed of flood resistant materials;
Title 6 Landscaping
F. Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
1. They shall not be located on sites in special flood hazard areas for more than 180 days, or 2. They must be fully licensed and ready for highway use, or 3. They must meet all standards of subsection D. hereof. H. Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads. I.
Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized: 1. Development in floodways.
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration
G. Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
Title 9 Subdivisions
6. They shall meet the opening requirements of paragraph D.5.c.
Title 10 LID Standards
5. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
Title 11 Definitions
4. They shall be firmly anchored to prevent flotation;
Title 7 Signs
3. They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
55
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents Title 1 Purpose & Scope
a. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or b. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant: i.
Meet the requirements to submit technical data in !"#$%&'())*+,)*,H\*);
Title 2 Districts & Uses
ii. An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
Title 3 Special Districts
iv. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
iii. Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
Title 4 Gen. Provisions
v. Concurrence of the Mayor of City of Streetsboro and the Chief Executive Officer of any other communities impacted by the proposed actions. 2. Development in riverine areas with base flood elevations but no floodways.
Title 5 Parking
a. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
Title 6 Landscaping
b. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
Title 7 Signs
i.
An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
ii. Subsection I.1.b.i and iii-v. Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
56
3. Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply: a. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished. b. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
City of Streetsboro
Special Purpose Zoning Districts Title 3
1. The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations. 2. Authorize variances in accordance with subsection D hereof. C. Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 20 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board. Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted. D. Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. E. Application for a Variance. 1. Any owner or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board. 2. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use;
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
B. Powers and Duties.
Title 6 Landscaping
2. A chairperson shall be elected by the members of the Appeals Board. Meetings of the Appeals Board shall be held as needed and shall be held at the call of the Chairperson, or in his absence, the Acting Chairperson. All meetings of the Appeals Board shall be open to the public except that the Board may deliberate in executive sessions as part of quasi-judicial hearings in accordance with law. The Appeals Board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of all official actions. Records of the Appeals Board shall be kept and filed in Planning and Zoning Department.
Title 7 Signs
1. The City Council of the City of Streetsboro shall appoint an Appeals Board consisting of the Board of Appeals. The members shall serve 4 year terms after which time they shall be reappointed or replaced by the City Council of the City of Streetsboro. Each member shall serve until his/her successor is appointed.
Title 8 Administration
A. Appeals Board Established.
Title 9 Subdivisions
Section 11.301.07 1122.06 APPEALS AND VARIANCES
Title 10 LID Standards
The applicant shall meet the requirements to submit technical data in !"#$%&'())*+,)*,HL*)*# when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
Title 11 Definitions
c. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Streetsboro specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
57
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents
description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
Title 1 Purpose & Scope
3. All applications for a variance shall be accompanied by a variance application fee in the amount of one hundred fifty dollars ($150.00) plus the cost of the notices (See Part One, Title Five, Chapter 149, Section 149.11.c. of the Codified Ordinances. F. Notice for Public Hearing. Notices for public hearings for a variance to these regulations shall conform to the following:
Title 2 Districts & Uses
1. Newspaper. Before holding the public hearing, notice of such hearing shall be given in a newspaper of general circulation in the City at least 10 calendar days before the date of such hearing. The notice shall set forth the time, place and nature of the proposed variance. 2. Notice to Parties of Interest
Title 3 Special Districts
a. A%E"931E"V(:"#%2%"'$. Written notice of the public hearing shall be sent by certified mail by the Board of Appeals at least 10 calendar days prior to the hearing. Such written notice shall be provided by first class mail to the applicant and owners of property, all property owners within and contiguous to and directly across the street, and within 250 feet of any part of the parcel(s) which are subject to the appeal or variance.
Title 4 Gen. Provisions
b. 4"B5212"3(4&$%#"* The notice shall contain information required of the newspaper notice. c. A1=(P728%#1$". Notices shall be sent to addresses of property owners as appearing on the current tax duplicate of the County.
Title 5 Parking
d. S1%873"($&(P"8%@"3. Failure of delivery of such notice shall not invalidate the action of the Board of Appeals. e. /%$>(4&$%9%"6. Other interested parties such as the Mayor, Planning Commission and City Council shall also be notified of the hearing.
Title 6 Landscaping
G. Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors: 1. The danger that materials may be swept onto other lands to the injury of others.
Title 7 Signs
2. The danger to life and property due to flooding or erosion damage.
Title 8 Administration
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 4. The importance of the services provided by the proposed facility to the community. 5. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
Title 9 Subdivisions
6. The necessity to the facility of a waterfront location, where applicable. 7. The compatibility of the proposed use with existing and anticipated development.
Title 10 LID Standards
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. 9. The safety of access to the property in times of flood for ordinary and emergency vehicles. 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
Title 11 Definitions
58
City of Streetsboro
Special Purpose Zoning Districts Title 3
3. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws. 4. A determination that the structure or other development is protected by methods to minimize flood damages. 5. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 6. Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.
2. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsection G(1) to (11) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. 3. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
Title 6 Landscaping
1. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Title 5 Parking
Other Conditions for Variances.
Title 7 Signs
I.
Title 1 Purpose & Scope
2. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
Title 2 Districts & Uses
1. A showing of good and sufficient cause.
Title 3 Special Districts
H. Criteria for Approval. Variances shall only be issued upon:
Title 4 Gen. Provisions
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Table of Contents
FP Flood Plain Overlay District Chapter 11.301
4. The administrator may present evidence or testimony in opposition to the appeal or variance. 5. All witnesses shall be subject to cross-examination by the adverse party or their counsel. 6. Evidence that is not admitted may be proffered and shall become part of the record for appeal. 7. The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance. 8. The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
3. The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
Title 10 LID Standards
2. A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
Title 11 Definitions
1. All testimony shall be given under oath.
Title 8 Administration
J. Procedure at Hearings.
59
Title 3 Special Purpose Zoning Districts Chapter 11.301 FP Flood Plain Overlay District Table of Contents
K. Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Portage Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
Title 1 Purpose & Scope
Section 11.301.08 1122.07 ENFORCEMENT A. Compliance Required.
Title 2 Districts & Uses
1. No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 11.301.05.K. 2. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with subsection (c) hereof.
Title 3 Special Districts Title 4 Gen. Provisions
3. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with subsection C hereof. B. Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall: 1. Be put in writing on an appropriate form;
Title 5 Parking
2. Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
Title 6 Landscaping
3. Specify a reasonable time for performance; 4. Advise the owner, operator, or occupant of the right to appeal;
Title 7 Signs
5. Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
Title 8 Administration Title 9 Subdivisions
C. Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Streetsboro. Each day that a violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Streetsboro from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Streetsboro shall prosecute any violation of these regulations in accordance with the penalties stated herein.
Title 10 LID Standards Title 11 Definitions
60
City of Streetsboro
Special Purpose Zoning Districts Title 3
Section 11.302.02 INTENT; CONFLICTS This chapter does not regulate building (i.e. construction) or safety standards for manufactured homes, as such regulations are preempted from state and local control by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. A. § 5401). Furthermore, the regulations contained herein are not intended to conflict with, and shall comply with applicable provisions of Ohio Revised Code Chapter 3733 or general laws of the state of Ohio. Applicable Ohio Revised Code statute shall preempt any conflicts.
Section 11.302.03 1141.02 USES
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Within the R-4 Manufactured Home District, no building, structure or premises shall be used, arranged to be used or designed to be used, except for manufactured homes for single family dwellings (one dwelling per manufactured home lot) which is a principal permitted use.
Title 1 Purpose & Scope
The R-4 Manufactured Home District is created to provide for the regulation of existing manufactured housing areas in the City and to regulate the use of manufactured homes therein.
Title 2 Districts & Uses
Section 11.302.01 1141.01 PURPOSE
Title 3 Special Districts
R‐4 Manufactured Home District
Title 4 Gen. Provisions
Chapter 11.302
Table of Contents
R‐4 Manufactured Home District Chapter 11.302
Draft Zoning Ordinance: February 15, 2012
61
Title 3 Special Purpose Zoning Districts Chapter 11.303 R‐G Residential‐Golf Course Community District Table of Contents
Chapter 11.303
Title 1 Purpose & Scope
R‐G Residential‐Golf Course Community District
Section 11.303.01 1143.01 PURPOSE
Title 2 Districts & Uses
The purpose of the R-G Residential-Golf Course Community District is to provide text and map for an area that was the subject of a 2003 federal court settlement agreement between the City and the landowner. The District incorporates the provisions of the settlement agreement and integrates those with the surrounding Districts. The 2003 federal court settlement agreement is incorporated into this text by reference; where there is an inconsistency between the agreement and these regulations, the agreement shall control.
Title 3 Special Districts
Section 11.303.02 1143.02 USES A. Principal Uses.
Title 4 Gen. Provisions
1. Single-family dwelling, attached and detached, with a minimum of 25% detached single-family dwellings. 2. Publicly or privately owned and operated outdoor recreational facilities generally used intensively, including picnic areas, parks, playgrounds, ballfields, swimming facilities, tennis clubs, golf courses, riding academies, and country clubs.
Title 5 Parking
B. Conditionally Permitted Uses. The Planning Commission may issue a conditional zoning certificate for the following use, subject to the requirements of /012$"3())*J,H, with area and height requirements as determined by the Planning Commission in accordance with /012$"3())*J,H:
Title 6 Landscaping
1. Publicly or privately owned and operated recreational facilities containing extensive open space and preserving natural features of the area including recreation areas, day camps, private parks and including overnight uses such as campgrounds, summer camps, health camps and group accommodations.
Section 11.303.03 1143.03 LOT REQUIREMENTS Title 7 Signs
A. The minimum lot area shall be as determined by the Planning Commission. B. The minimum lot width at the building setback line shall be 70 feet for all detached single-family dwellings.
Title 8 Administration
C. The minimum lot frontage shall be 50 feet.
Section 11.303.04 1143.04 YARD REQUIREMENTS A. The minimum front yard setback shall be as determined by the Planning Commission.
Title 9 Subdivisions
B. The minimum rear yard setback shall be as determined by the Planning Commission. C. The minimum side yard setback shall be 14 feet between buildings and 7 feet from the sublot line.
Title 10 LID Standards
Section 11.303.05 1143.05 MAXIMUM DENSITY
Title 11 Definitions
Section 11.303.06 1143.06 OPEN SPACE
62
B5-%<2C+<;<%0-1+,-/$+23%,-/1+$>%&$#$23%;/+$1%7-0%,-8-3#7<-/$%1+$-)%15233%6-%D/-$%,-8-3#7263-%20-2E%<;3$+73+-,%6>% 0.75 dwelling units per acre.
The minimum open space within a new residential development site shall be 15% of the total area to be developed residentially.
City of Streetsboro
Special Purpose Zoning Districts Title 3
B. The minimum habitable floor space of a single-family attached dwelling shall be 1,700 square feet.
Section 11.303.08 1143.08 PLAN AND PLAT APPROVAL REQUIRED
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Residential developments shall be subject to plat review (A%$8"(F) and site plan review (/012$"3())*J,+) by the Planning Commission to insure compliance with applicable standards. Non-residential developments or uses may be subject to site plan review, see /012$"3())*J,+.
Title 1 Purpose & Scope
A. The minimum habitable floor space of a single-family detached dwelling shall be 2,000 square feet.
Title 2 Districts & Uses
Section 11.303.07 1143.07 DWELLING AREA REQUIREMENTS
Table of Contents
R‐G Residential‐Golf Course Community District Chapter 11.303
Draft Zoning Ordinance: February 15, 2012
63
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents
Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District
Title 1 Purpose & Scope
Section 11.304.01 INTENT
Title 2 Districts & Uses
The purpose of the Traditional Neighborhood Development Overlay District is to foster vital, lively, and sustainable development that creates an imageable neighborhood identity for Priority Residential Development Area B (as shown on Map 7.3 of the Comprehensive Plan). The TND district is specifically adopted to implement the vision of the Comprehensive Plan.
Title 3 Special Districts Title 4 Gen. Provisions
The standards of this Chapter incorporate form-based zoning concepts. At a basic level, the form-based zoning approach is similar to a traditional use-based zoning approach because each approach regulates the same characteristics of development. Both traditional use-based zoning regulations and the form-based regulations regulate four major components of development - use, site design, building design, and management. The difference between form-based regulations and traditional use-based regulations is the emphasis and specificity of regulation placed on each of the four elements. Where traditional use-based zoning regulations emphasize the regulation of uses and contain much less specificity about design, form-based regulations emphasize design and permit greater flexibility in use.
Title 5 Parking
The regulations of this Chapter are intended to create proper physical form through simple and clear regulations for the design of new development. For the purposes of this Chapter, proper physical form means development that permits a mixture of land uses in close proximity; streets that serve the need of pedestrians, bicyclists and motor vehicles equitably; provides places for informal social activity and recreation; and creates building frontages that define the public space of streets. With proper urban form, a wide range of uses within the building may be comfortably and naturally accommodated.
Section 11.304.02 OVERLAY DISTRICT ESTABLISHED Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
64
The TND district is an optional overlay district. The boundaries of the district are shown on the zoning map, and any land that is located within the boundaries of the TND overlay district will have two zoning designations, the TND Overlay and the standard underlying zoning district. Property in a TND district may continue to be used as permitted by the standard underlying zoning district. Any new development or major redevelopment in the TND overlay district may be accomplished following either the requirements of this Chapter or the regulations applicable in the underlying zoning district at the discretion of the property owner.
Section 11.304.03 INSTRUCTIONS A. Application of Requirements. B5-%70#8+1+#/1%#"%$5+1%J527$-0%20-%2.$+82$-,%6>%D15233E%#0%D<;1$E%*5-/%0-K;+0-,:% D15#;3,E%#0%D-/.#;029-,E%*5-/%0-.#<<-/,-,:%2/,%D<2>E%*5-/%#7$+#/23? B. Conflict. Wherever there appears to be a conflict between the regulations of this Chapter and other sections of the Zoning Ordinance (as applied to a particular development), the requirements specifically set forth in this Chapter shall prevail. For development standards not specifically addressed in this Chapter, the other applicable sections of this Zoning Ordinance shall be used as the requirement.
Section 11.304.04 MODIFICATIONS The Planning Commission may modify any numerical or percentage requirement of this Chapter by up to 10% (unless otherwise specifically noted herein), based on evidence submitted by the applicant indicating that the modification will result in superior site design, is in keeping with the purpose and intent of the TND overlay district, will achieve the same purpose as if development were designed according to the proscribed standards, and that approval of the modification will not impact the development from operating in a safe and efficient manner.
City of Streetsboro
Special Purpose Zoning Districts Title 3
Section 11.304.06 PERMITTED USES A. Town Center Areas. Permitted and conditional land uses in town center areas shall be as permitted in the D District. See !"#$%&'())*-,+*,. for the table of uses permitted in the D District. B. Neighborhood Areas. Permitted and conditional land uses in neighborhood area shall be as follows: 1. Residential uses. All principal permitted uses in the R-2 district are permitted in a neighborhood area, and conditional uses in the R-2 district may be permitted in a TND following conditional land use approval. See !"#$%&'())*-,+*,. for the table of permitted uses in the R-2 district. 2. Two-family and attached single family uses. Attached single family dwellings and two-family dwellings are permitted in a neighborhood area, subject to the following requirements: a. Such uses shall be located on lots with frontage on a designated major street. b. Lots containing such uses or land area dedicated to such uses may cover a maximum of 7.5% of the gross area of the neighborhood area in which they are located.
Title 1 Purpose & Scope Title 2 Districts & Uses
C. Conservation areas shall be designated on the regulating plan. Any area that contains or is located in one or more of the unbuildable site conditions listed in the net developable area definition (See: /012$"3())*)),-) shall be designated as a conservation area on the plan.
Title 3 Special Districts
B. Neighborhood areas in the aggregate may consist of up to 90% of the net developable area of the development.
Title 4 Gen. Provisions
A. Town center areas in the aggregate may consist of up to 25% of the net developable area of the development. A development may have more than one town center area.
Title 5 Parking
Planned developments may consist of town center and neighborhood development areas. Town center areas are intended to be the mixed use core of the planned development, and should contain the bulk of nonresidential and mixed use buildings. Neighborhood areas are intended to be residential in character, with limited nonresidential uses being allowed.
Title 6 Landscaping
Section 11.304.05 DEVELOPMENT AREAS
Table of Contents
TND Traditional Neighborhood Development Option Overlay District Chapter 11.304
a. Such uses are only permitted on lots that are located at the intersection of a major street and another street.
Title 8 Administration
3. Non-residential uses. Uses permitted by right in the B-N district are permitted by right in neighborhood areas, and conditional land uses in the B-N district may be permitted in a neighborhood area following conditional land use approval. See !"#$%&'())*-,+*,. for the table of permitted uses in the B-N district. All such uses are subject to the following conditions:
Title 7 Signs
c. Such uses shall comply with the design standards of !"#$%&'())*-,.*), or !"#$%&'())*-,.*)-D as applicable.
Section 11.304.07 DENSITY There is no maximum density limitation in a TND. Rather, development density shall be controlled by the design standards for lots and buildings contained herein.
A. Ownership. Streets may be public or private. Private streets shall comply with the following requirements:
Title 11 Definitions
Section 11.304.08 STREETS
Title 10 LID Standards
c. Lots containing such uses may account for a maximum of 5% of the gross area of the neighborhood area in which they are located.
Title 9 Subdivisions
b. The maximum lot area for such uses shall be 21,780 square feet.
Draft Zoning Ordinance: February 15, 2012
65
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents
1. Private streets shall be located within a designated easement that meets minimum City standards for a public roadway.
Title 1 Purpose & Scope
2. Street construction standards for private streets shall meet all standards for new public streets except pavement width which may be reduced. However, private streets are not required to comply with crosssection standards applicable to public streets provided that the plans receive Fire Department approval.
Title 2 Districts & Uses
B. Street Types. The regulating plan shall designate all streets within the development as either major or minor streets. The street designation will determine which uses can be located along the street, and the minimum design standards for improvements within the right-of-way or road easement. 1. Major Streets. Major streets are intended to serve as the principal interior streets within a TND. Major streets serve to distribute traffic from arterial streets bounding the development. Town center areas must have at least one major street.
Title 3 Special Districts Title 4 Gen. Provisions
2. Minor Streets. Minor streets provide access to parking and service areas in town centers and provide circulation and access within neighborhood areas. Minor streets fill out the street network and form blocks, and may be upgraded to major streets in the future. Major circulation aisles in parking lots should be designed as minor streets to form a block network that will allow for the future harvesting of parking areas for development. 3. Alleys. Alleys are located in rear yards and provide access to lots. C. Street Network and Blocks. Development in the TND overlay must provide an interconnected network of streets, drives, or other public passageways. Alleys are not subject to, and shall not be used for compliance with the following street network standards:
Title 5 Parking
1. Blocks. The street network in a form-based zoning district need not form an orthogonal grid, however, sufficient intersections shall be provided to create walkable and pedestrian scale development.
Title 6 Landscaping
a. I8&#U(O"3%E"$"3* The maximum block perimeter is 1,800 feet in a town center area and 2,400 feet in a neighborhood area. b. I8&#U(L"';$0* The portion of any block between intersecting streets may not exceed 800 feet without a dedicated pedestrian pass-through providing access through the block to another street.
Title 7 Signs
c. O"6"5$3%1'(O155_A03&7;05* Pedestrian pass-throughs shall have a minimum width of 8 feet, shall be designed so they cannot be enclosed or locked, and shall be designed to be safe and interesting for pedestrians. Security lighting sufficient to maintain a minimum light level of one foot candle measured one foot above grade level shall be provided in pedestrian pass-throughs.
Title 8 Administration
d. \'$"3%&3(!$3""$5* Interior streets are not required to intersect at ninety degree angles, and may be bent or curved, but must connect to other streets. Jogs or centerline offsets shall be at least 100 feet for interior streets. 2. Stub Streets and Culs-de-Sac.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
66
a. !$7?(!$3""$5(may be provided to facilitate continuation of the street network on adjacent developed or undeveloped parcels. A stub street intended to connect to future development shall not be considered a cul-de-sac if it is less than 200 feet in length. b. /785_6"_51#(are not permitted in a TND except where physical or natural boundaries such as freeways or protected natural areas create no practical expectation that the street network will be continued in the future. The maximum length of any cul-de-sac is 400 feet, measured from the centerline of the intersecting street to the center of the turnaround circle at the end of the cul-de-sac. 3. General Requirements. a. !$3""$(/&''"#$%@%$>* Street connections for the continuation of the street network onto adjacent properties shall be provided when the potential exists for the continuation of those streets on
City of Streetsboro
Special Purpose Zoning Districts Title 3
3. Clear Vision Area. A clear vision area shall be maintained at all street intersections. The clear vision area shall be kept free of any objects or structures located between a height of 2 and 8 feet, and no parallel parking spaces may be located within a clear vision area. The clear vision area is defined as any area that is located in the right-of-way or road easement area of more than one interior street.
Figure 2. TND Corner Clear Vision Area
Note that the clear vision area requirement in the TND overlay district differs from the clear vision requirement in !"#$%&'())*-,-*),. This recognizes the different character of the TND overlay district, and is intended to prevent automobile-oriented design from eroding the pedestrian character within a TND. 4. Curbs. Vertical curbs with a minimum height of 6 inches are recommended along all interior streets. 5. Curb Radius. a. \'$"3%&3(!$3""$5* The curb radius at the intersection of two interior streets in a development shall not exceed 15 feet (or 25 feet, if a corner bump-out is provided). b. \'$"35"#$%&'5(B%$0(O"3%E"$"3(!$3""$5* The curb radius at the intersection of an interior street and a perimeter street shall not exceed 15 feet unless a larger radius is required by the City, County, or State, as is applicable. 6. Effective Turning Radius. A service and emergency vehicle circulation plan that shows the effective turning radius for large vehicles at all corners shall be provided to demonstrate that the effective turning radius at all corners is sufficient to accommodate service and emergency vehicles. The street design standards listed in this section may be modified as necessary to provide emergency vehicle circulation routes through the development.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
2. Alleys and Rear Access Lanes. Alleys and lanes that provide access to the rear of buildings are permitted. The intersection of alleys and rear access lanes with an interior street shall be set back a minimum of 100 feet from the centerline intersection of any two streets.
Title 5 Parking
1. Design Speed. Internal streets in the development shall be designed with a maximum design speed of 25 miles per hour.
Title 6 Landscaping
A. General Standards Applicable to All Internal Streets.
Title 7 Signs
The following standards apply to the physical design of streets within a TND.
Title 8 Administration
Section 11.304.09 STREET DESIGN STANDARDS
Title 9 Subdivisions
c. O"6"5$3%1'(/%3#781$%&'(4"$B&3U* Development in the TND Overlay shall incorporate a pedestrian circulation network that connects all portions of the site with the regional pathway network via dedicated sidewalks or pedestrian pathways.
Title 10 LID Standards
b. /3&55_Y##"55* If private streets are proposed, blanket cross-access easements shall be provided for all private streets in a development to ensure that the internal street system may connect to the internal street system on adjacent parcels. The blanket cross-access agreement shall provide for reciprocal cross-access for connection to streets on adjacent parcels without limitation.
Title 11 Definitions
adjacent parcels. A minimum of one future street connection shall be provided for each 600 feet or fraction thereof of common property line between two parcels.
Table of Contents
TND Traditional Neighborhood Development Option Overlay District Chapter 11.304
67
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents
7. Sidewalks at Driveway Crossings. When a sidewalk crosses a vehicle driveway or an alley, the driveway shall retain the elevation of the sidewalk. The appearance of the sidewalk shall be maintained across the driveway to indicate that the sidewalk remains part of the pedestrian zone and that pedestrians have the right-of-way.
Title 1 Purpose & Scope
8. Crosswalks. Pedestrian crosswalks shall be distinguished in the parking and vehicle travelway zones through the use of pavement striping or a contrasting type of pavement (such as brick pavers or integrally colored scored concrete).
Title 2 Districts & Uses
9. Traffic Calming Measures. The use of raised intersections, lateral shifts, and traffic circles are encouraged as alternatives to more conventional traffic calming measures such as speed bumps. If a raised intersection is proposed, bollards or other protective measures shall be used to separate vehicular and pedestrian areas in the intersection.
Title 3 Special Districts
B. H$0--$%DL#/-1?E Streets consist of three zones A the travelway zone, the parking zone, and the pedestrian zone. The elements that are included in each street zone are as follows (see Figure 3): 1. Travelway Zone. The travelway zone accommodates vehicles in transit, and consists of vehicle travel lanes, left turn lanes, public transit infrastructure (such as dedicated rapid bus lanes or light rail tracks) and boulevard medians.
Title 4 Gen. Provisions
2. Parking Zone. The parking zone accommodates vehicles at rest and includes on-street parking lanes. The parking zone can also accommodate public transit elements by replacing some parking spaces with transit stops. 3. Pedestrian Zone. The pedestrian zone is located between the curb and the edge of the right-of-way or road easement. The pedestrian zone can be further separated into up to four sub-zones (see Figure 4):
Title 5 Parking Title 6 Landscaping
a. S73'%50%';5(Y3"1* The furnishings area is adjacent to the curb and accommodates amenities such as street trees, planters, and sidewalk furniture. In general, the first 1-2 feet adjacent to the curb should remain clear of obstructions to accommodate car doors opening, but streetscape elements such as parking meters, light posts, traffic control signs, and tree grates may be located in the edge area.
Title 7 Signs
The furnishings area can be paved (with street trees located in tree grates), or it may be landscaped with a street lawn. Outdoor eating areas or other similar uses associated with a use in an adjacent principal building may be located in a furnishings area. Any permanent structures located in the furnishings area such as raised planters shall have a maximum height of 30 inches.
Title 8 Administration
b. C18UB1>(Y3"1* The walkway area is the basic sidewalk area where pedestrians walk. The walkway area must remain clear of obstructions at all times to allow free pedestrian travel. No permanent structures or uses are permitted in the walkway area.
Title 9 Subdivisions
c. S3&'$1;"(Y3"1* The frontage area is the portion of the pedestrian zone adjacent to the edge of the right-of-way or road easement when a building is located at the lot line. When the building is set back from the lot line, the pedestrian zone will not have a frontage area, and any frontage area will serve as walkway area. The frontage area is intended to accommodate door openings, window shoppers, and the tendency of people to shy away from walls higher than waist height. The frontage area may also be used for outdoor eating areas or other similar accessory uses associated with a use in the adjacent principal building.
Title 10 LID Standards Title 11 Definitions
68
City of Streetsboro
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Title 2 Districts & Uses
Title 1 Purpose & Scope
Figure 3. Street Zones
Draft Zoning Ordinance: February 15, 2012
Table of Contents
TND Traditional Neighborhood Development Option Overlay District Chapter 11.304
Special Purpose Zoning Districts Title 3
Figure 4. Pedestrian Zone
69
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents Title 1 Purpose & Scope
C. Interior Street Design Guidelines. The majority of interior streets in a form-based district shall comply with the guidelines in the following Table 4. The guidelines are designed to create streets that are compatible with the street function and building placement requirements of this Chapter. The Planning Commission may approve alternate street design cross-sections that do not meet the standards of the following table. The length of streets that do not comply with the standards of Table 4 may not exceed 15% of the total length of streets within the development (not including alleys).
Title 2 Districts & Uses
Table 4. Interior Street Design Guidelines
Character
Minor Street
Minor Street
Major Street
﴾in Town Center area﴿
﴾in Neighborhood area﴿
Main Street
Secondary Lot Access or Parking
Lot Access
Title 3 Special Districts
Lot Access
Total Right‐of‐Way
up to 90 feet ﴾avenue﴿
60!76 feet
50!66 feet ﴾avenue﴿
up to 100 feet ﴾boulevard﴿
Travelway Zone
up to 80 feet ﴾boulevard﴿
Title 4 Gen. Provisions
Total width dependent upon lane
Total width dependent upon lane
and median assembly
assembly
Total width dependent upon lane and median assembly
S"()828!N,"['#!M"%'*!Y',8)++'5!
B!!
@!
@!
N,"['#!M"%'!\)5+9!
<<!7$$+!8"()828!
<?=C!7$$+!8"()828!
<?!7$$+!8"()828!
M'7+!N2,%!M"%'!
$1+)$%"#!
$1+)$%"#!
%$+!"11#)4"3#'!
;'%+',!]$2#'[",5!S'5)"%!
$1+)$%"#U!F6<D!7''+!-)5'!
%$+!1',8)++'5!
$1+)$%"#U!F6<D!7''+!-)5'!
Title 5 Parking
On‐Street Parking Zone
Required both sides
Required both sides
Required one side, Permitted both sides
Title 6 Landscaping
N/1'!$7!Y",^)%&!Y',8)++'5!
1","##'#U!"%&#'5!
1","##'#!
1","##'#!
! Y","##'#!Y",^)%&!M"%'!\)5+9!
F!7''+!8)%)828!
E!7''+!8)%)828!
E!7''+!8)%)828!
Pedestrian Zone ﴾Each Side﴿
12 foot minimum
11 foot minimum
12 foot minimum
Title 7 Signs
W2,%)*9)%&*!H,'"!!
D!7$$+!8)%)828!
D!7$$+!8)%)828!
E!7$$+!8)%)828!
;#'",!\"#^-"/!H,'"!!
C!7$$+!8)%)828!
C!7$$+!8)%)828!
C!7$$+!8)%)828!
@!7$$+!8)%=!-9','!_',$!#$+!#)%'!
%$+!,'`2),'5!
%$+!,'`2),'5!
W,$%+"&'!H,'"!
32)#5)%&*!'()*+U!%$!,'`2),'8'%+! $+9',-)*'!
Street Tree Requirement
50 feet on center in tree grates
35 feet on center in tree lawn or
35 feet on center in tree lawn
Title 8 Administration
tree grates
Title 9 Subdivisions
D. Alley Design Standards. Alley rights of way or easements shall not exceed 20 feet in width, and pavement width shall not exceed 18 feet in width. Whenever alleys are present, utilities should be located within the right-of-way or easement.
Title 10 LID Standards Title 11 Definitions
70
City of Streetsboro
Special Purpose Zoning Districts Title 3
Neighborhood Areas ﴾any other lot﴿
Lot Standards !
8)%)828!#$+!-)5+9!
no minimum
50 ft.
no minimum
!
8)%)828!#$+!",'"!
no minimum
5,000 ft.
no minimum
15 foot minimum
5 foot minimum
25 foot maximum
10 foot minimum
5 foot minimum
no minimum
10 foot minimum building separation
5 foot minimum
10 foot minimum
25 foot minimum
20 foot minimum
4 stories maximum 6 stories max. when fronting civic spaces, with minimum section widths of 100 feet
35 feet maximum
35 feet maximum
Setback Requirements ﴾Principal Buildings﴿ !
7,$%+! A minimum of 60% of the front building wall of any structure must be located within 10 feet of the right‐of‐way or road easement edge
!
*)5'!a*+,''+b!
!
*)5'!a)%+',)$,b!
!
,'",!
Building Height
Notes to Table 5: 1. All setbacks for lots or parcels located adjacent to a private street shall be measured from the edge of the road easement.
Title 2 Districts & Uses
Neighborhood Areas
﴾single family detached lot﴿
Title 3 Special Districts
Town Center Areas
Title 4 Gen. Provisions
Table 5. TND Dimension Standards
Title 5 Parking
A. Dimension Standards. The following Table 5 lists minimum lot width and area requirements in a TND.
Title 6 Landscaping
Section 11.304.10 LOT DEVELOPMENT STANDARDS
Title 1 Purpose & Scope
Table of Contents
TND Traditional Neighborhood Development Option Overlay District Chapter 11.304
5. Interior side yard setbacks for single family detached dwellings in the neighborhood area are based on building separation, not a setback from the lot line. The purpose of this is to allow for design flexibility while maintaining a minimum separation between buildings. The regulating plan shall indicate how the minimum building separation requirement will be enforced within the development. B. Accessory Structures shall comply with the requirements of /012$"3())*.,) with the following exceptions for accessory structures in neighborhood areas:
Title 8 Administration
4. Lots with rear alley access in neighborhood areas may have a minimum width of 40 feet, a minimum area of 4,400 square feet, and a minimum front yard setback of 10 feet.
Title 9 Subdivisions
3. Civic buildings in town center areas are exempt from the setback requirements applicable to principal buildings.
Title 7 Signs
2. Height exceptions are permitted per !"#$%&'())*-,-*,Q.
a. L&#1$%&'* Such structures shall be located in a rear yard, and shall be set back a minimum of one foot from the side and rear property lines.
Title 10 LID Standards
1. Detached Accessory Structures.
c. Y3"1* Such structures may cover a maximum of 50% of the rear yard. 2. Attached Accessory Structures. Attached accessory structures shall meet the setback requirements applicable to the principal building, with the exception that single-story garages that access a rear alley
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
b. `"%;0$* Such structures shall have a maximum height of 16 feet.
71
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents
may be set back one foot from the rear property line. Such garages may cover a maximum of 50% of the required rear yard.
Title 1 Purpose & Scope
Section 11.304.11 BUILDING DESIGN STANDARDS Buildings shall comply with the following design standards:
Title 2 Districts & Uses
A. General Building Design Standards. In addition to the specific standards of this Section, nonresidential buildings shall comply with the building design standards applicable to buildings in the D district. See !"#$%&'( ))*-,-*,.. B. Residential Ground Level Finished Floor Height. Residential first floor uses should have a minimum ground floor finished floor height of 18 inches to provide privacy from people walking by on the sidewalk.
Title 3 Special Districts
C. Minimum Ground Floor Ceiling Height. Non-residential buildings or building use areas fronting on a major street in a town center area shall have a minimum ground floor ceiling height of 12 feet, with a height of 15 feet being preferred. Residential buildings or building use areas shall have a minimum ground floor ceiling height of 9 feet.
Title 4 Gen. Provisions
D. Encroachments. Certain building elements may encroach into a setback area or right-of-way area. Building elements that may encroach into setback or right-of-way areas are as follows: 1. Balconies. Balconies on upper stories may encroach up to 6 feet into any required setback area and up to 4 feet into any right-of-way area.
Title 5 Parking
2. Porches and Stoops.( Unenclosed covered front porches or stoops with a minimum depth of 6 feet may encroach into a front yard setback area, provided that the front porch maintains a minimum setback of 5 feet from any right-of-way line. The porch floor for porches that encroach into a front setback shall be elevated a minimum of 30 inches above sidewalk grade, and the maximum eaves height for any porch that projects into a front setback shall be 10 feet.
Title 6 Landscaping
3. Awnings. Ground-story awnings may encroach up to 10 feet from the face of the building into a setback or right-of-way area. Awnings shall have a minimum of 8 feet clear space between the sidewalk and the bottom of the awning or any awning support structure. If an awning projection of 10 feet would conflict with the placement of any street lighting or street tree, the awning projection shall be reduced to resolve the conflict.
Title 7 Signs
4. Bay Windows. Bay windows on the ground story may encroach up to 3 feet into any required setback area, but shall not encroach into a right-of-way area. Bay windows on upper stories may encroach up to 3 feet into a setback or right-of-way area. 5. Eaves. Roof eaves may encroach up to 3 feet into any setback or right-of-way area.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
72
E. Garages. 1. Width Relative to Structure. Garage doors may not comprise more than 40% of the width of any façade facing a public or private street. 2. Protrusion. Front-facing garage doors shall be set back at least 7 feet behind the front building wall enclosing the first floor living space of the unit to which they are accessory. 3. Access. Garages are encouraged to be accessed from side or rear facades when a parcel has side street or alley access.
Section 11.304.12 CIVIC SPACE Requirements for civic space, which is usable open space. Civic space includes parks, plazas, squares, and other improvements that provide outdoor recreation and meeting space. A. Minimum Area. 1. Town Center Areas. Civic space shall cover a minimum of 5% of the horizontal ground area in town center areas.
City of Streetsboro
Special Purpose Zoning Districts Title 3
4. Improvements. Improvements in civic spaces shall be appropriate for the context in which they are located. For instance, civic spaces in neighborhoods should be primarily green with playground improvements, while civic spaces in town center areas may be green or hardscaped with formal landscaping arrangements. C. Ownership and Management of Open Space. The development agreement shall include a program for the continued maintenance of open space shall be submitted. The maintenance plan shall include agreements, contracts, deed restrictions, conservation easements, or other legal instruments acceptable to the City to guarantee the provision and continued maintenance of such civic spaces. The legal instrument for the protection and maintenance of civic areas may be enacted or recorded at time of TND regulating plan approval, or with subsequent site plan, plat, or condominium approvals, as may be appropriate.
Section 11.304.13 PARKING The following parking requirements are applicable in the form-based districts, and replace similar requirements set forth in A%$8"(H. Any requirement of A%$8"(H that is not superseded by one of the following parking requirements shall remain in effect in the TND overlay district. A. Minimum Parking Required. The minimum parking requirement in the TND overlay shall be as follows: 1. 1.5 parking spaces per residential dwelling unit. Garage parking spaces may be counted towards this requirement.
Title 1 Purpose & Scope Title 2 Districts & Uses
3. Location. Civic space shall be located so that 95% of residential units in the TND are within a 1,300 foot walking distance of an accessible, usable civic space. The walking distance shall be measured along sidewalks and/or pedestrian pathways from the housing unit to the civic space.
Title 3 Special Districts
2. Layout. Each civic space shall have at least 20% of its perimeter and at least one side directly adjoining a street.
Title 4 Gen. Provisions
1. Size. Each civic space shall have a minimum area of 1,200 square feet.
Title 5 Parking
B. Design Requirements.
Title 6 Landscaping
2. Neighborhood Areas. Civic space shall cover a minimum of 3% of the horizontal ground area in neighborhood areas.
Table of Contents
TND Traditional Neighborhood Development Option Overlay District Chapter 11.304
The Planning Commission may modify the dimensional requirements of /012$"3())*H,+ based on evidence submitted by the applicant indicating that the modification will result in superior site design, will achieve the same purpose as if the parking lot were designed according to conventional standards, and will function in a safe and efficient manner. D. Parking Lot Access. Parking lots or parking structures may only be accessed from a minor street.
1. Setback from Arterial and Major Streets. The parking structure and all parking spaces within shall be set back a minimum of 80 feet from S.R. 14, Diagonal, or a major street within the development. If liner shops are located on the ground floor of a parking structure located along a main street, the building shall not be considered a parking structure, but rather shall be considered a building subject to the requirements of !"#$%&'())*-,-*,..
Title 10 LID Standards
2. Setback from Minor Streets. Parking structures shall be set back a minimum of 7 feet from any minor street.
Title 11 Definitions
E. Parking Structures. Parking structures are permitted in the TND overlay district, provided that they comply with the following requirements:
Title 8 Administration
C. Parking Lot Layout. Parking lot layout, maintenance, and construction shall comply with all of the requirements of /012$"3())*H,+.
Title 9 Subdivisions
B. On-Street Parking shall be counted toward the minimum parking requirement.
Title 7 Signs
2. 1 parking space per 400 square feet of nonresidential building space.
Draft Zoning Ordinance: February 15, 2012
73
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents
3. Height. Parking structures may be no taller than any adjacent building located within 20 feet of the structure. Standalone parking structures set back 20 or more feet from any adjacent building may not exceed the maximum height permitted for a building at that location within a form-based district, or the height of the tallest building within 150 feet of the parking garage, whichever is lower.
Title 1 Purpose & Scope
4. Design Guidelines. Any parking structure façade that will be visible from a perimeter or interior street, civic/open space, or building shall comply with the following design guidelines: a. The façade shall comply with the building material requirements applicable in the TND overlay district.
Title 2 Districts & Uses
b. The ground floor of the structure shall be differentiated from upper floors through the use of a horizontal expression line.
Title 3 Special Districts
c. Exterior elevator towers or stair wells shall be open to public view, or enclosed with transparent glazing. d. Views into the parking structure shall be minimized. Facades of parking structures shall be designed without continuous horizontal parking floor openings. Decorative trellis work or another architectural element that will screen the view of parked cars in the structure shall be provided on all exterior openings.
Title 4 Gen. Provisions
F. Loading Space. There are no specific loading requirements in the TND overlay district; however, buildings and sites shall be designed such that trucks and large delivery vehicles may be accommodated on the site without encroaching onto a perimeter or interior street. Further, loading facilities such as truck docks shall be located and screened such that they are not visible from any perimeter or interior street.
Title 5 Parking
Section 11.304.14 PATTERN BOOK
Title 6 Landscaping
In addition to applicable requirements of this Chapter, all applications for TND development shall include a development design pattern book. The development design pattern book shall be reviewed and approved in conjunction with TND regulating plan approval. The development design pattern book shall serve as the resource against which building design plans are reviewed and shall provide and address the following:
Title 7 Signs
A. Architectural Patterns. Written descriptions and graphic illustrations of architectural patterns to be constructed in the TND development. The architectural patterns shall include illustrative floor plans, descriptions of essential style elements, and design guidelines for architectural elements of buildings within a particular style.
Title 8 Administration
For example, architectural patterns may address building massing and composition; wall section and eave details; windows and doors; porches and chimneys; essential building elements for the particular style such as lighting, columns, trim, gutters, soffits, railings, etc.; and building materials. The architectural patterns shall comply with the building design standards of !"#$%&'())*-,-*,..
Title 9 Subdivisions
B. Lot Standards. Written descriptions and graphic illustrations of lot improvement standards. These may include standards for fences, decks, porches, or other elements that are found on the lot, but are not part of the principal structure. C. Site Standards. Written descriptions and graphic illustrations that clearly describe proposed open spaces, landscaping, parking lot design, furnishings, lighting, signs, and other similar development elements.
Title 10 LID Standards
D. Review Procedures. The pattern book shall establish a review procedure for approval of building plans within the development. Examples include a design review committee or a town architect. Buildings which require site plan approval shall require approval by both the City and the review body or official within the development.
Title 11 Definitions
74
City of Streetsboro
Special Purpose Zoning Districts Title 3
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
For instance, construction of a mixed use building in a town center area would require site plan approval, approval of a subdivision would require plat approval, and the construction of a single family house in a neighborhood area would require a building permit.
Title 1 Purpose & Scope
B. Site Plans and Permits. Permits meeting the requirements of this ordinance shall be required in accordance with Z33&3a(:"9"3"'#"(5&73#"('&$(9&7'6*Z33&3a(:"9"3"'#"(5&73#"('&$(9&7'6*. All permits shall meet the requirements and conditions of regulating plan approval, as well as applicable standards of this and other City ordinances.
Title 2 Districts & Uses
A. Purpose. The approval process for a TND shall consist of 1) a regulating plan and pattern book that establish the overall character and parameters of the development, including development areas, uses, densities, and improvements following the procedures of /012$"3())*J,+; and 2) final site plan, plat, and building permit approvals as specified in Z33&3a(:"9"3"'#"(5&73#"('&$(9&7'6*.
Title 3 Special Districts
Section 11.304.15 REGULATING PLAN APPROVAL PROCESS
Table of Contents
TND Traditional Neighborhood Development Option Overlay District Chapter 11.304
Draft Zoning Ordinance: February 15, 2012
75
Title 3 Special Purpose Zoning Districts Chapter 11.304 TND Traditional Neighborhood Development Option Overlay District Table of Contents
Section 11.304.16 TND‐SPECIFIC DEFINITIONS
Title 1 Purpose & Scope
This section provides definitions for terms that are used in this Chapter that are technical in nature or that might not otherwise reflect a common usage of the term. Where a definition in this section conflicts with a definition provided in A%$8"()), the definition presented in this section shall prevail for the purposes of administering the form-based regulations. If a term is not defined in this section, the Planning Director shall determine the correct definition of the term.
Title 2 Districts & Uses
BALCONY: G/%#7-/%7#0$+#/%#"%2/%;77-0%"3##0%$52$%-C$-/,1%6->#/,%#0%+/,-/$1%+/$#%2%6;+3,+/9(1%-C$-0+#0%*233? BLOCK: The aggregate of private lots, pedestrian pass-throughs, rear lanes and alleys, the perimeter of which abuts perimeter or internal streets.
Title 3 Special Districts
BLOCK PERIMETER: The linear distance around a block measured along the right-of-way line or road easement.
Title 4 Gen. Provisions
EFFECTIVE TURNING RADIUS: The minimum radius appropriate for turning from a through or turning lane on an approach street to an appropriate lane on the receiving street. See Figure 5 at right.
Figure 5. Effective Turing Radius
FLOOR PLATE: The total indoor floor area of the first floor of a building, measured to the exterior of the wall.
Title 5 Parking
GROUND FLOOR FINISHED LEVEL HEIGHT. The vertical distance between the sidewalk (or other common reference point) and the top of the finished floor on the ground level.
Title 6 Landscaping
GROUND FLOOR CEILING HEIGHT. The vertical distance between the finished floor and the ceiling on the ground floor of a building.
Title 7 Signs
HABITABLE SPACE: Building space that involves human presence with direct view of the fronting streets or public or private open space. Habitable space does not include parking garages, storage facilities, warehouses, and display windows separated from retail activity.
Title 8 Administration
LINER SHOP or LINER BUILDING: A building or part of a building with habitable space specifically designed to enfront a public space while masking a function without the capacity to monitor public space such as a parking garage, storage facility, or large building exceeding the building width limitations of this Article. ORTHOGONAL GRID. A grid system where the intersecting lines are perpendicular to each other, and intersect at 90-degree angles.
Title 9 Subdivisions
PERIMETER YARD. A yard area on the edge of the TND overlay district where the TND overlay abuts a conventional zoning district. TREE LAWN. A grassed or landscaped area located between the sidewalk and the curb of the street intended to accommodate street tree plantings.
Title 10 LID Standards Title 11 Definitions
76
City of Streetsboro
General Provisions Title 4
B. Appearance. The exterior façade materials and architectural design of all accessory structures shall match the character of the use to which they are accessory. The overall appearance of the structure shall be in accordance with the purpose of the district where it is located. C. Temporary Accessory Structures. Temporary accessory structures that do not require permanent attachment to the ground but have similar characteristics as an accessory structure and are intended to serve the same purpose as an accessory structure with permanent attachment, such as moveable carports, are prohibited.
Section 11.401.02 1151.21 ACCESSORY BUILDINGS An accessory building may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. A. Attached Accessory Buildings. An accessory building which is attached to the main building shall comply with all the requirements and regulations that are applicable to the principal building. B. Detached Accessory Buildings. Detached accessory buildings shall comply with the requirements of the following Table 6:
Title 2 Districts & Uses
A. Principal Building Required. Accessory structures or buildings may only be constructed on a lot that contains a principal building. No accessory structure or building may be constructed on a lot that does not have a principal building.
Title 3 Special Districts
Section 11.401.01 GENERAL STANDARDS APPLICABLE TO ALL ACCESSORY STRUCTURES
Title 4 Gen. Provisions
Accessory Structures and Fences
Title 5 Parking
Chapter 11.401
Title 6 Landscaping
Title 4 GENERAL PROVISIONS
Title 1 Purpose & Scope
Table of Contents
Accessory Structures and Fences Chapter 11.401
Rear yard
Rear yard
Rear or side yard
7,$8!1,)%4)1"#!*+,24+2,'!
15 feet
15 feet
15 feet
7,$8!*)5'!1,$1',+/!#)%'!
12 feet
12 feet
Minimum setback required in zoning district
7,$8!,'",!1,$1',+/!#)%'!
12 feet
12 feet
Minimum setback required in zoning district
25%
10%
25%
34 feet
Height of principal building or 15 feet, whichever is lower
34 feet
Location Setback Requirements
Lot Coverage ﴾based on usable building space﴿* Maximum Height
*"Usable building space" as used in the preceding Table 6 means that area of the rear yard that remains after allowing for the side yard and rear yard requirements and the setback requirements for the main building and any existing accessory or other type buildings in the rear yard, excluding swimming pools.
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration
Any Other Zoning District ﴾nonresidential districts﴿
Title 9 Subdivisions
Residential Districts ﴾other than O‐C and R‐R﴿
Title 10 LID Standards
O‐C or R‐R Districts
Title 11 Definitions
Requirement
Title 7 Signs
Table 6. Detached Accessory Building Standards
77
Title 4 General Provisions Chapter 11.401 Accessory Structures and Fences Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
78
Section 11.401.03 ATTACHED DECKS A. Setbacks. The outer perimeter of an attached deck may extend into a setback area up to 30 feet from the main building, but in no case shall be located closer than 15 feet to a rear property line. The deck shall not extend beyond the side building walls of the structure. B. Deck Height. The surface of any attached deck that extends more than 10 feet from the face of the building to which it is attached shall not be higher than the first floor elevation of the principal structure.
Section 11.401.04 1151.22 SWIMMING POOLS Public or private in-ground or above-ground swimming, wading or other pools containing over one and one-half feet of water depth shall be considered as structures for the purpose of permits, shall not be located in front or side yards, but may be located in rear yards subject to location regulations pertaining to accessory structures. The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the applicable City, State or Federal codes. Every pool defined as a structure shall be completely surrounded by a fence or wall not less than 4 feet in height; such fence shall be constructed so as to have no openings, holes or gaps larger than 3 inches in any dimension, except for doors or gates which shall be equipped with suitable locking devices to prevent unauthorized intrusion. An accessory building may be used in or as part of such enclosure. Fencing shall be erected prior to any filling of $5-%7##3%21%0-K;+0-,%6>%$5-%J+$>(1%6;+3,+/9%.#,-?%%M+/23%#..;72/.>%15233%6-%.#/$+/9-/$%;7#/%.#<73-$+#/%#"%$5-% fencing. Pools above-ground having vertical surfaces of at least 4 feet in height shall be required to have fences and gates only where access may be had to the pool.
Section 11.401.05 1151.23 FENCE AND WALL REGULATIONS Any fence or wall shall be well maintained, harmonious and appropriate in appearance with the existing character of the immediate area in which it is to be located, and shall not be hazardous or disturbing to existing or future neighboring uses. A. Residential Districts. 1. Location in Front Yards. In residential districts, or on single-family lots in the R-3 District, fences and walls may be permitted in any front yard provided that the fence does not exceed a maximum height of two and one-half feet. 2. Location in Side and Rear Yards. Fences and walls may be permitted in side and rear yards to a maximum height of 6 feet. 3. Materials. Barbed wire and other similar hazardous materials are prohibited in residential districts, except for agricultural uses. B. Nonresidential Districts. 1. Location in Front Yards. In nonresidential districts and non-single-family lots in the R-3 -District, fences and walls may be permitted in any front yard provided that the fence or wall does not exceed a maximum height of 4 feet. 2. Location in Side and Rear Yards. Fences or walls may be permitted in any required side or rear yard to a maximum height of six feet. In the case of walls required to screen outdoor storage areas, the wall height shall be one foot higher than the material to be screened, or 12 feet, whichever is lower. C. General Requirements. All fences and walls shall comply with the following general requirements: 1. Materials. a. \'(1'6(4"13(:"5%6"'$%18(P%5$3%#$5. Materials used for fences and walls located in or within 200 feet of a residential district shall consist of treated wood or wood which is recognized and approved as a durable species by the City Arborist, brick, masonry, vinyl, vinyl-coated chain link, metal bars not exceeding one and one-half inches in diameter or other durable and weatherresistant materials which may be approved by the zoning official.
City of Streetsboro
General Provisions Title 4
b. /&3'"3(/8"13(T%5%&'(Y3"1. Any fence erected in a corner clear vision area (see !"#$%&'( ))*-,-*),) shall have a minimum of 60% of the area of the vertical surface open to light and air. c. R?5$37#$%&'(&9(Y6[1#"'$(M5"5(O3&0%?%$"6. No wall or fence may be erected where it will prevent or unreasonably obstruct the use of any adjacent parcel, nor shall a wall or fence be erected where it would prevent or unreasonably obstruct the safe use of an existing driveway or other means of access to any adjacent parcel. In enforcing this provision, the City may require a wall or fence to be set back a minimum distance from a driveway or property line. 4. Orientation of finished side. Where a fence or wall has a single finished or decorative side, it shall be oriented to face outward towards adjacent parcels or street rights-of-way (away from the interior of the lot to which the fence is associated). 5. Site drainage and utilities. Fences and walls shall not be erected in a manner that obstructs the free flow of surface water or causes damage to underground utilities. Any changes to existing grade shall require approval by the City Engineer.
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
6. Location. Fences and walls shall be located completely within the boundaries of the lot to which they are associated.
Title 2 Districts & Uses
a. :%;0$_&9_C1>. Fences and walls shall not be erected within the public right-of-way.
Title 3 Special Districts
3. Prohibited obstructions.
Title 4 Gen. Provisions
2. Maintenance. Walls and fences shall be maintained in good condition. Rotten, crumbled, or broken components shall be replaced, repaired, or removed.
Title 5 Parking
b. !#3""'%';(C1885. Any wall used for screening purposes shall be constructed of masonry material (e.g., brick, decorative stone) that is architecturally compatible with the materials used on the facade of the principal structure on the site. Concrete block may only be used for screening walls in the rear yard.
Table of Contents
Accessory Structures and Fences Chapter 11.401
Draft Zoning Ordinance: February 15, 2012
79
Title 4 General Provisions Chapter 11.402 General Provisions Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
80
Chapter 11.402
General Provisions
Section 11.402.01 1151.01 CONDITIONS AND SAFEGUARDS A. Conditions and Safeguards, Generally. The Planning Commission shall have the power to safeguard the intent and objectives of this Zoning Ordinance by imposing appropriate restrictions and safeguards as conditions of any approval it gives. B. Access Management. In the exercise of the power to impose safeguards and conditions, the Planning Commission may, including but not limited to SR 14, SR 43 and SR 303, have the power to limit or reduce street ingress and egress accesses as well as to require owners and developers to grant easements to adjacent property owners in such locations as the City Engineer shall require. These powers and conditions are exercised, in general, to assure public health, safety, welfare and convenience, to reduce the traffic +<72.$%23#/9%H$0--$16#0#(1%<2N#0%$5#0#;95"20-1%2/,%$#%7-0<+$%$02""+.%$#%"3#*%12"-3>%"0#<%1+$-%$#%1+$-%23#/9% drives parallel to the state highways without having to cross multi-lane highways.
Section 11.402.02 1151.03 SPECIAL COSTS When the Planning Commission or Board of Appeals finds it necessary to maintain a strict record of public hearing procedures, or when either the Commission or Board deems it necessary to cause special studies to be made, then the applicant shall bear all direct and related costs.
Section 11.402.03 STREET NETWORK DESIGN REQUIREMENTS Streets in the City shall be designed to form an integrated network connecting adjacent developments and undeveloped parcels. Improved connection of newly constructed secondary streets to the existing street network *+33%+<70#8-%$5-%/-$*#04(1%#8-0233%-""+.+-/.>%6>%70#8+,+/9%2%90-2$-0%,-90--%#"%0#;$-%.5#+.-%"#0%8-5+.3-%2/,% pedestrian traffic. A. Purpose. An interconnected street system is necessary in order to protect the public health, safety and welfare in order to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, to connect neighborhoods, to promote walking and biking, to reduce miles of vehicle travel that result in lower air emissions and wear on the roadway, and to provide continuous and comprehensible traffic routes. B. Definitions. !""(S%;73"(G(&'($0"(9&88&B%';(21;"(9&3(%8875$31$%&'5(&9($0"(9&88&B%';(6"9%'%$%&'5*( 1. Links. A link is a segment of road between two nodes, a segment of road on either side of an intersection of a local street with the exterior road network, or a stub out. This includes interior road segments connecting to the exterior road network, exterior road network links, or connections to local streets in adjacent developments. 2. Nodes are 1) intersections of three or more road links and 2) the terminus of a cul-de-sac. A stub-out at the property line is not considered a node. 3. Exterior Road Network. The exterior road network consists of Arterial and Collector Streets. 4. Stub-out. A short road segment that is constructed to and terminates at a parcel line, and that is intended to serve current and future development by providing road connectivity between adjacent developments. C. Internal Street Network Design. 1. Minimum Required Connectivity. To provide adequate internal connectivity within a development, the street network shall have a minimum connectivity index of 1.4. The connectivity index is defined as the number of street links divided by the number of nodes and link ends (See Figure 6).
City of Streetsboro
General Provisions Title 4
2. Cul-de-Sac Standards. Culs-de-sac shall have a maximum length of 600 feet, measured from the centerline of the intersection to the center point of the cul-de-sac.
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Title 2 Districts & Uses
Title 1 Purpose & Scope
Figure 6. Street Connectivity Index Calculation
Table of Contents
General Provisions Chapter 11.402
b. When a proposed development abuts a boundary such as a railroad, limited access highway, or natural feature that precludes the extension of the local street network. 2. Existing Connections. New or proposed streets shall be coordinated with and connect to existing or planned streets on adjacent parcels. 3. Traffic Calming or Vehicle Traffic Restrictions. If the reviewing authority determines that the proposed land use is incompatible with land uses on adjacent parcels, the required street connections may incorporate barriers to restrict vehicle traffic. In such a case, the street connections shall still be provided to the common property line to facilitate non-motorized connections, and to allow for vehicular connections in the future if a compatible land use is established on the adjacent parcel. The City shall retain the right to remove the barriers in such a case.
Title 7 Signs Title 11 Definitions
4. Stub Out Connection Spacing. Where stub out connections must be provided to an external property line, such connections shall be spaced at intervals not to exceed 1,320 feet along each boundary or portion of boundary that abuts potentially developable or redevelopable land.
Title 8 Administration
a. There is no reasonable expectation that adjacent developed parcels will be redeveloped to allow the continuation of the road network; or
Title 9 Subdivisions
Stub out connections are not required along a boundary or portion of boundary when the Planning Commission determines that there is no reasonable chance of the road network extending beyond one or more of the property lines for one or more of the following reasons:
Title 10 LID Standards
1. Future Connections. To ensure future street connections where a proposed development abuts land that reasonably may be expected to be developed or redeveloped in the future, stub-outs shall be provided to the property line to extend the street system into the surrounding area.
Title 6 Landscaping
D. External Connectivity.
Draft Zoning Ordinance: February 15, 2012
81
Title 4 General Provisions Chapter 11.402 General Provisions Table of Contents
Section 11.402.04 SIDEWALKS
Title 1 Purpose & Scope
Minimum 5-foot wide sidewalks shall be required along both sides of a street in all zoning districts except the R-R and O-C districts. When a street abuts land that has a low likelihood of development due to environmental or other restrictions, the Planning Commission may require sidewalks to be constructed on only one side of the street.
Section 11.402.05 1151.20 TEMPORARY BUILDINGS
Title 2 Districts & Uses
Temporary buildings for use incidental to construction work may be erected in any of the zone districts herein established, however, such temporary building or buildings shall be removed upon the completion or abandonment of the construction work. Location of temporary structures shall be indicated on site plans submitted to the Planning Commission for approval pursuant to /012$"3())*J,..
Title 3 Special Districts
Section 11.402.06 GAS AND OIL.
Title 4 Gen. Provisions
Per Ohio Revised Code Chapter 1509, all applications related to oil and gas drilling shall be submitted to the department of natural resources the division of mineral resources management. The division has sole and exclusive authority to regulate the permitting, location, and spacing of oil and gas wells and production operations within the state and preempts any local control. An application for gas and/or oil drilling shall be accompanied by all information required per Ohio Revised Code Section 1509.06.
Section 11.402.07 1151.25 TRUCK REGULATIONS
Title 5 Parking
A. Minimize Damage. Truck routes in and out of developments under construction shall be established in such a way as to minimize the wear on public roads and prevent hazards and damage to other properties in the community.
Title 6 Landscaping
B. Bond or Cash Deposit. When the Engineering Director or City Engineer determines that a road is not in suitable condition, design or intended for the size, weight or speed of the vehicle necessary or anticipated for construction or operation of a facility the Engineering Director may require, prior to issuing any permit, a construction agreement or similar device a bond or cash deposit for the road over which trucks must travel. C. Liability. In the event the construction has been determined to have damaged the road, the developer is liable for back charges by the City for any damages or nuisances caused to the road, and such will be part of the construction agreement.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
82
City of Streetsboro
General Provisions Title 4
B. Footcandle. A unit of illumination. One footcandle equals one lumen of light flux distributed evenly on one square foot of surface. C. High Activity Area. Areas of frequent pedestrian activity or congregation. Examples include, but are not limited to, building entrances, ATMs, cluster mail boxes, transit shelters or stops, gas station canopies, and outdoor sales areas. D. Low Activity Area. Areas that are dedicated primarily to vehicle use, and where there is infrequent turnover of parking spaces or other pedestrian activity. Examples include, but are not limited to, office or industrial parking lots, and security lighting applications. E. Medium Activity Area. Areas of vehicle use where there is frequent turnover of parking spaces and where persons transition from vehicle to foot travel, or areas of infrequent pedestrian use. Examples include, but are not limited to, retail parking lots and dumpsters or trash disposal areas in residential areas. F. Uniformity Ratio. The ratio of average illumination to minimum illumination. More evenly illuminated areas are perceived to be safer, as more consistent illumination aids visual acuity of the human eye. EXAMPLE: A uniformity ratio of 4:1 means that, for a given area, the lowest level of illumination (1) should be no less than ¼ #0%DP%$+<-1%3-11E%$52/%$5-%28-029-%&P)%3-8-3%#"%+33;<+/2$+#/? G. Visual Acuity. The ability to detect a different aspect of detail. Excessive brightness, insufficient light, or drastic changes in illuminance levels in a small area can hinder visual acuity.
Section 11.403.03 INTENSITY The following illumination requirements shall apply on all sites within the City.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 11 Definitions
A. Horizontal Illuminance Requirements. The intensity of light within illuminated portions of a site shall comply with the requirements of the following Table 7. The reviewing authority shall determine which portions of the site are high, medium, or low activity areas. All footcandle illuminance measurements are taken at 5 feet above grade level.
Title 4 Gen. Provisions
A. Fixture. A complete lighting unit consisting of a lamp or lamps, together with any reflectors, refractors, diffusers, baffles, or other devices to distribute the light, and with parts to position and protect the lamp and to connect the lamps to the power supply; also called the luminaire.
Title 5 Parking
As used in this Chapter, the following terms shall have the following meanings:
Title 6 Landscaping
Section 11.403.02 DEFINITIONS
Title 7 Signs
The purpose of this chapter is to preserve, protect, and enhance the lawful nighttime use and enjoyment of all properties in the City through the use of appropriate lighting practices and systems. Exterior lighting shall be designed, installed and maintained to control glare and light trespass, minimize obtrusive light, conserve energy and resources, maintain safety, security and productivity, and prevent the degradation of the nighttime visual environment. It is the further intent of this chapter to encourage the use of innovative lighting designs and decorative light fixtures that enhance the character of the community while preserving the nighttime visual environment. The standards in this chapter are based on the recommendations of the Illuminating Engineering H#.+-$>%#"%O#0$5%G<-0+.2(1%L%;0$%';(`1'6?&&U*(
Title 8 Administration
Section 11.403.01 PURPOSE
Title 9 Subdivisions
Exterior Lighting
Title 10 LID Standards
Chapter 11.403
Table of Contents
Exterior Lighting Chapter 11.403
Draft Zoning Ordinance: February 15, 2012
83
Title 4 General Provisions Chapter 11.403 Exterior Lighting Table of Contents
Table 7. Maintained Horizontal Illuminance Requirements Use Area
Average: Minimum Uniformity Ratio
4 footcandles
15 footcandles
4:1
Medium Activity Areas
1 footcandles
5 footcandles
4:1
Low Activity Areas
0.5 footcandle
3 footcandles
3:1
High Activity Areas
Title 2 Districts & Uses
Maximum Average Illumination Permitted
Title 1 Purpose & Scope
Minimum Average Illumination Required
B. Maximum Intensity at Street Right-of-Way. The maximum light intensity permitted at a street right-of-way line shall be one footcandle, or the average light intensity generated by public street lighting at the property line (up to a limit of 5 foot candles), whichever is greater.
Title 3 Special Districts
C. Maximum Intensity at Property Lines. The maximum light intensity permitted at any residential property line other than a street right-of-way shall prevent light trespass and obtrusive light (a maximum of 0.7 footcandles). D. Security Lighting. Areas requiring security lighting shall comply with the intensity requirements for a low activity area.
Title 4 Gen. Provisions
E. Measurement. Light intensity shall be measured in footcandles on the horizontal plane at 5 feet above grade level within the site, and on the vertical plane at the property or street-right-of-way boundaries of the site at a height of 5 feet above grade level.
Section 11.403.04 GENERAL PROVISIONS Title 5 Parking
The design and illumination standards of this chapter shall apply to all exterior lighting sources and other light sources visible from the public right-of-way, road easement, or adjacent parcels, except where specifically exempted herein.
Title 6 Landscaping
A. Shielding. Exterior lighting shall be fully shielded and directed downward at a 90 degree angle. Oblique lenses (such as many wall-pack fixtures) are prohibited. All fixtures shall incorporate full cutoff housings, louvers, glare shields, optics, reflectors or other measures to prevent off-site glare and minimize light pollution. Only flat lenses are permitted on shoebox-style light fixtures; sag or protruding lenses are prohibited. See Figure 7 below:
Title 7 Signs
Figure 7. Light Fixture Orientation and Shielding
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
84
City of Streetsboro
General Provisions Title 4
E. Hours of operation. All exterior lighting in non-residential districts shall incorporate automatic timers and shall be turned off between the hours of midnight and sunrise, except for lighting necessary for security purposes or accessory to a use that continues after midnight.
Section 11.403.05 STANDARDS BY TYPE OF FIXTURE A. Freestanding pole and building mounted lighting. The maximum height of fixtures used for site lighting is 25 feet. Where a pole or building mounted fixture is located within 50 feet of a residentially zoned or used property, the maximum pole height shall be 15 feet. B. Decorative light fixtures. The Planning Commission may approve decorative light fixtures that may be unshielded as an alternative to shielded fixtures, provided that such fixtures will enhance the aesthetics of the site and will not cause undue off-site glare or light pollution. Such fixtures may utilize LED, incandescent, tungsten-halogen, metal halide or other lamps with full-spectrum color rendering properties with a maximum equivalent wattage of 150 watts per fixture.
Section 11.403.06 EXEMPT LIGHTING The following exterior lighting types are exempt from the requirements of this chapter, except that the building official may take steps to minimize glare, light trespass or light pollution impacts where determined to be necessary to protect the health, safety and welfare of the public: A. Holiday Decorations when in season.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
D. Animated lighting. Permanent exterior site lighting intended to illuminate outdoor areas shall not be of a flashing, moving, animated, or intermittent type.
Title 5 Parking
3. LED Lighting. LED fixtures may be used for any outdoor lighting application. Any LED fixture used for parking lot or street lighting purposes shall comply with applicable Illuminating Engineering Society of North America standards.
Title 6 Landscaping
2. High traffic areas. Due to their superior color rendering characteristics, LED, tungsten-halogen, metal halide, or other lamps with full-spectrum color rendering properties shall be used in parking lots and other areas of high pedestrian and vehicular traffic use.
Title 7 Signs
1. Wattage. Lamps with a maximum wattage of 250 watts (or LED equivalent) per fixture are permitted for use in the City to maintain a unified lighting standard and to minimize light pollution. The Planning Commission may permit the use of lamps with wattages up to 400 watts if the applicant can demonstrate that the higher wattage fixture is necessary to provide adequate lighting on the site and that the light fixture is in compliance with all other requirements of this chapter. The exemption for higher wattage lamps shall not be granted if the same lighting effect can be reasonably accomplished on the site by incorporating additional 250 watt or lower fixtures into the site design.
Title 8 Administration
C. Lamps.
Title 9 Subdivisions
B. Glare. Exterior lighting sources shall be designed, constructed, located and maintained in a manner that does not cause off-site glare on neighboring properties or street rights-of-way. The light emitting element of any light fixture shall not be directly visible from a neighboring property, as this is the primary cause of glare.
Table of Contents
Exterior Lighting Chapter 11.403
D. Pre-Emption. Instances where federal or state laws, rules or regulations take precedence over the provisions of this chapter. E. Temporary Emergency Lighting.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
C. Building Up-Lighting, provided that the light emitting element of the fixture is shielded from direct view from any vehicle or pedestrian travel or use area, and that the fixture is directed at a vertical building surface.
Title 10 LID Standards
B. Pedestrian Walkway Lighting.
85
Title 4 General Provisions Chapter 11.403 Exterior Lighting Table of Contents
F. Special Event Lighting for time periods of 4 or fewer days, provided that the lighting will not significantly impact residential areas.
Title 1 Purpose & Scope
Section 11.403.07 EXCEPTIONS
Title 2 Districts & Uses
The City recognizes that there are certain uses or circumstances not otherwise addressed in this chapter, such as sports stadiums, street lighting, or lighting for monuments and flags, that may have special exterior lighting requirements. The reviewing authority for the application to which the exception request is a party may waive or modify specific provisions of this Chapter for a particular use or circumstance upon determining that all of the following conditions have been satisfied. The reviewing authority shall consider the following criteria in making its decision: A. The waiver or modification is necessary because of safety or design factors unique to the use, circumstance or site.
Title 3 Special Districts
B. The minimum possible light intensity is used that would be adequate for the intended purpose. Consideration shall be given to maximizing safety and energy conservation, and to minimizing light pollution, off-site glare and light trespass on to neighboring properties or street rights-of-way.
Title 4 Gen. Provisions
C. For lighting related to streets or other vehicle access areas, a determination is made that the purpose of the lighting cannot be achieved by installation of reflective markers, lines, informational signs or other passive means. Additional conditions or limitations may be imposed by the reviewing authority to protect the public health, safety or welfare, or to fulfill the purpose of this chapter
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
86
City of Streetsboro
General Provisions Title 4
Wireless telecommunications facilities are permitted under varying conditions dependent upon the zoning district in which they are to be located. The following subsections spell out these conditions. The first subsection lists requirements to be met by a wireless telecommunications facility regardless of the district in which it is to be located. The second subsection specifies requirements necessary for a location in a nonresidential district. The third subsection involves conditions to be met for location in a residential district. A. General. The items listed below apply to all wireless telecommunications facilities independent of the zoning district in which they are to be located. These general standards are to be supplemented with the provisions for the particular applications specified in subsections (B) and (C) which follow. 1. Plot Plan. A plot plan including all building uses within 500 feet shall be required at a scale not less than one inch is equal to 100 feet. 2. Natural Resource Protection. The location of the tower and equipment building shall comply with all natural resource protection standards established in this Ordinance including floodplain, wetlands and steep slope regulations. 3. Fencing. A green or black vinyl coated chain link or wooden (i.e. board on board) security fence shall completely surround the tower, and equipment building. Each structure may be separately fenced. 4. Type. Towers shall be monopole. No lattice and/or guy-wired facilities shall be permitted.
Title 1 Purpose & Scope Title 2 Districts & Uses
Section 11.404.02 1161.02 USE REGULATIONS
Title 3 Special Districts
Wireless communications facilities are permitted as conditional uses in a variety of zoning districts contingent upon a number of specific conditions and requirements being met. These criteria are in place in an attempt to minimize an adverse health, safety, public welfare or visual impact through buffering, siting, design and construction, and reducing the need for new towers.
Title 4 Gen. Provisions
Section 11.404.01 1161.01 PURPOSE
Title 5 Parking
Wireless Communications Facilities
Title 6 Landscaping
Chapter 11.404
Table of Contents
Wireless Communications Facilities Chapter 11.404
b. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. 8. Structural Analysis. A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design, and proof of compliance with nationallyaccepted structural standards and the number and types of antennas it can accommodate. 9. Soils Analysis. A soil report shall be submitted to the Municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
Title 8 Administration
a. An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum and maintained on a regular basis.
Title 9 Subdivisions
7. Buffer Plantings. Buffer plantings shall be located around the perimeter of the security fence as follows:
Title 10 LID Standards
6. Site Plan Review. The applicant shall comply with all site plan review requests set forth in /012$"3( ))*J,..
Title 7 Signs
5. Anti-Climbing Device. All towers shall be equipped with anti-climbing devices to prevent climbing of tower structures by unauthorized individuals.
11. Disaster Warning System. If requested by the City's police and/or fire departments, a disaster warning system shall be placed on the tower at the owner's expense.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
10. Wind Shear. Towers and antennae shall be designed to withstand wind gusts of at least 100 miles per hour.
87
Title 4 General Provisions Chapter 11.404 Wireless Communications Facilities Table of Contents
12. Color. The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).
Title 1 Purpose & Scope
13. Advertising Prohibited. No advertising is permitted anywhere on the facility.
Title 2 Districts & Uses
14. Abandonment. If at any time after initial use, the use of the facility is discontinued for 180 days, the Building Inspector may declare the facility abandoned. The facility's owner/operator will be contacted and instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the conditional use permit will expire on the 181 st day. 15. Lighting. The tower shall not be artificially lighted except to: a. Assure safety or as required by the FAA; and/or
Title 3 Special Districts
b. Permit security lighting. 16. Signs. Warning signs shall be posted around the facility with an emergency telephone number of who to contact in the event of an emergency.
Title 4 Gen. Provisions
17. Maintenance Plan. The facility owner/operator shall present a maintenance plan in which they will be responsible for the upkeep of the site. 18. Easement. A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
Title 5 Parking
19. Conditional Use Approval. A Conditional Use Permit must be approved by the Planning Commission with a subsequent Building Permit issued by the Building Inspector. Collocated antennas, antennas attached to existing structures or building and towers located in residential districts are permitted uses and shall not be subjected to the conditional use permit process.
Title 6 Landscaping Title 7 Signs
20. Collocation. Collocation is highly encouraged. The applicant must demonstrate that there is no other place available either on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the municipality on reciprocal terms and was not accepted.
Title 8 Administration
B. Where Permitted. A wireless telecommunications facility is permitted in the following zoning districts: I-1 and B-R, subject to the following conditions: 1. Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
Title 9 Subdivisions
a. W%'%E7E(L&$(!%X". The applicant shall meet minimum lot size allowable for the specific requirements of the zoning district. b. W%'%E7E(b136(:"c7%3"E"'$5. i.
Title 10 LID Standards
Tower. The minimum distance to nearby nonresidential structures shall be equal to 110% of the height of the tower; the minimum distance to a residential lot line shall be 300 feet.
ii. Equipment Building. The applicant shall comply with the minimum setbacks/yard requirements for the district. c. W1=%E7E(`"%;0$.
Title 11 Definitions
88
i.
Tower. 200 feet (includes antenna)
ii. Equipment Building. 12 feet
City of Streetsboro
General Provisions Title 4
c. W%'%E7E(Y3"1. The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district. d. W%'%E7E(b136(:"c7%3"E"'$5. Tower. The minimum distance to nearby nonresidential structures is equal to 110% of the height of the tower; the minimum distance to residential lot lines shall be 300 feet.
ii. Equipment Building. The equipment building shall comply with the minimum setback requirements for the primary lot of the specific zoning district. e. Y##"55. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use. f. W1=%E7E(`"%;0$.
3. Combined with an Existing Structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions: a. W1=%E7E(`"%;0$. 20 feet or 20% of the building height above the existing building or structure, whichever is greater. b. Zc7%2E"'$(I7%86%';. If the applicant proposes to locate the telecommunications equipment in a separate building, excepting towers located on rooftops, the building shall comply with the following: i.
Title 1 Purpose & Scope Title 7 Signs
g. W1=%E7E(!%X"(&9(Zc7%2E"'$(I7%86%';. 375 square feet for a single building. A maximum of 750 square feet total if more than one building is proposed.
Title 8 Administration
ii. Equipment Building. 12 feet
Title 6 Landscaping
Tower. 200 feet (includes antenna)
The minimum setback requirements for the specific zoning district.
ii. A green or black vinyl coated chain link or wooden (i.e. board on board) security fence with shall surround the building. iii. A buffer yard shall be planted in accordance with subsection (A)(7) hereof. iv. Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
C. Residential Districts. Wireless telecommunications facilities, on a pole are not permitted in residential districts, excepting such facilities on any property containing an institutional use (e.g., church, municipal,
Title 11 Definitions
c. Elevations of existing and proposed structures showing width, depth, height of the telecommunications facility and the statistical use data on the antenna and support structure shall be presented.
Title 9 Subdivisions
i.
Title 10 LID Standards
i.
Title 2 Districts & Uses
b. The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
Title 3 Special Districts
a. The existing use on the property may be permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider.
Title 4 Gen. Provisions
2. Combined with Another Use. A wireless telecommunications facility is permitted on a property with an existing use, or on a vacant parcel subject to the following conditions:
Title 5 Parking
d. W1=%E7E(!%X"(&9(Zc7%2E"'$(I7%86%';. 375 square feet for a single building. A maximum of 750 square feet total if more than one building is proposed.
Table of Contents
Wireless Communications Facilities Chapter 11.404
Draft Zoning Ordinance: February 15, 2012
89
Title 4 General Provisions Chapter 11.404 Wireless Communications Facilities Table of Contents Title 1 Purpose & Scope
government, utility) located in the residential district. In applying for a permit in any residential district, the applicant shall establish by clear and convincing evidence, substantial due diligence to locate in a nonresidential district and that no feasible alternative sites are available. If those efforts have been exhausted, the applicant must establish by clear and convincing evidence that this site within the residential district is the only feasible site. A wireless telecommunications facility may be located in a residential district subject to the following conditions:
Title 2 Districts & Uses
1. General. The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance. This shall apply to subsections (2), (3) and (4) hereof.
Title 3 Special Districts
Collocation is highly encouraged. The applicant must demonstrate that there is no other space available either on an existing tower or structure in the service area. A list of every tower or building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the municipality on reciprocal terms and was not accepted.
Title 4 Gen. Provisions
2. Combined with a Nonresidential Use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility. The following conditions shall be met: a. W1=%E7E(`"%;0$. 20 feet above the existing building or structure.
Title 5 Parking
b. Zc7%2E"'$(I7%86%';. If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following: i.
The building shall comply with the minimum setback requirements for the subject zoning district.
Title 6 Landscaping
ii. The equipment building should not exceed 750 square feet, or the maximum square footage 233#*263-%"#0%2/%D2..-11#0>E%1$0;.$;0-? iii. A green or black vinyl coated chain link or wooden (i.e. board on board) shall surround the building.
Title 7 Signs
iv. A buffer yard shall be planted in accordance with subsection (A)(7) hereof. v. Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
Title 8 Administration
3. Located on a Nonresidential Property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a conditionally permitted or permitted use in the district including, but not limited to, a church, municipal or government building, facility or structure, agricultural use and a utility use, subject to the following conditions:
Title 9 Subdivisions
a. !"$?1#U. The tower shall be set back from any property line abutting a residential lot a distance that is equal to the height of the tower. b. W1=%E7E(`"%;0$.
Title 10 LID Standards
i.
Tower. 200 feet
ii. Building Equipment. 12 feet c. Zc7%2E"'$(I7%86%';(!%X". 375 square feet for a single building. A maximum of 750 square feet total if more than one building is proposed.
Title 11 Definitions
90
d. Y##"55. Vehicular access to the tower and equipment shall, whenever feasible, be provided along the circulation driveways of the existing use.
City of Streetsboro
General Provisions Title 4
D. Criteria For a Conditional Use. This section shall be in addition to the requirements set forth in !"#$%&'( ))*J,H*,+())H+*,+((I15%5(&9 Determination, incorporated herein by reference. A wireless telecommunications facility may be permitted as a conditional use in a residential, commercial or industrial district subject to all applicable provisions within this chapter and in compliance with the Zoning Code. In order to be considered for review, the applicant needs to prove by clear and convincing evidence that a newly-constructed tower is necessary in that opportunities for collocation on an existing tower are not feasible. Collocation is highly encouraged. The applicant must demonstrate that there is no other space available on an existing tower or structure in the service area. A list of every tower building or structure that could potentially support a new antenna and provide service to the area shall be provided at the time of application. Any applicant for construction of a new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the Municipality on reciprocal terms and was not accepted. The following steps must also be taken for the application to be considered for review in this category: 1. Use Regulations. The applicant shall present documentation that the tower is designed in accordance with the standards established in the Use Regulations section of this chapter for wireless telecommunications towers. 2. Aviation Safety. The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety. 3. Landscaping Plan. The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses. 4. Demonstration of Need. The applicant shall demonstrate that the telecommunications facility must be located where it is proposed and at the height proposed in order to adequately service the applicant's service area. If the facility includes a tower, there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna. Collocation is highly encouraged. The applicant must demonstrate that there is no other space available on an existing tower or structure in the service area. A list of every tower, building or structure that could potentially support a new antenna and provide service to the area is maintained by the Service Department. Any applicant for construction of an new tower must demonstrate that none of these locations are available for use. If there is an existing tower in the area, the applicant must show evidence that a request for such use was made and subsequently denied. Also, the applicant must show evidence that an offer was made to allow the owner of the other suitable tower to collocate an antenna on another tower within the Municipality on reciprocal terms and was not accepted.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
d. !"$?1#U. The tower shall be set back from any property line a distance that is at least equal to the height of the tower. The tower shall also be set back from any active recreation facilities or fields a distance that is at least equal to the height of the tower.
Title 4 Gen. Provisions
c. Zc7%2E"'$(I7%86%';(!%X". 375 square feet for a single building. A maximum of 750 square feet total if more than one building is proposed.
Title 5 Parking
ii. Equipment Building. 12 feet
Title 6 Landscaping
Tower. 200 feet
Title 7 Signs
i.
Title 8 Administration
b. W1=%E7E(`"%;0$.
Title 9 Subdivisions
a. O7?8%#(&3(4&'_O3&9%$(RB'"350%2. The open space shall be owned by the municipality, county or state government, homeowners associations, or a private non-profit conservation organization.
Title 10 LID Standards
4. Located in Open Space. A wireless telecommunications facility is permitted on land that has been established as permanent open space, or a park subject to the following conditions:
Title 11 Definitions
e. W%'%E7E(L&$(!%X". In order to locate a telecommunications facility on a property that is vacant or with an agricultural use, the tract shall be at least two acres.
Table of Contents
Wireless Communications Facilities Chapter 11.404
91
Title 4 General Provisions Chapter 11.404 Wireless Communications Facilities Table of Contents
5. Easement; Access. Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that the vehicular access is provided to the facility.
Title 1 Purpose & Scope
6. RF Emissions. The facility must meet electromagnetic emissions standards established by the FCC.
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
92
City of Streetsboro
General Provisions Title 4
1. Rooftop-mounted WECS may be located in RR, B, B-R, O, and I-1 Zoning Districts as an accessory use subject to the restrictions and requirements of this Chapter: Zoning District R-R B, B-R O, I-1
Acreage Required 2.5 acres 2.5 acres 2.5 acres
Maximum Height 34 feet 34 feet 70 feet
Side Yard Setback 30 feet 50 feet 75 feet
2. Ground-mounted WECS may be located in R-R, B, B-R, O, and I-1 Zoning Districts as an accessory use subject to the following restrictions and requirements of this Chapter: Parcel Acreage 2.5 A 4.99 acres 5+ acres
Maximum Height 80 feet 120 feet
Side Yard Setback 1.1 times total height of WECS 1.1 times total height of WECS
B. Setbacks for Ground-Mounted WECS. 1. General. A ground-mounted WECS shall be set back from all property lines, street right-of-way lines, and overhead utility lines a minimum distance equal to 1.1 times the total height of the WECS. Setbacks shall be measured from the center of the wind turbine base. With respect to an overhead utility line that provides service only to a single building or a single parcel of land, the setback requirements shall be met if the turbine is placed so that no portion of a rotor blade extends closer than ten feet to the utility line.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
A. Zoning Districts.
Title 4 Gen. Provisions
Section 11.405.02 1163.03 LOCATION, SETBACKS, NUMBER OF UNITS AND HEIGHT
Title 5 Parking
The purpose of this Chapter is to regulate private use wind energy conversion systems (referred to from this point on as WECS) for the production of electricity for use on the subject site. These regulations are established to ensu0-%$52$%QRJH%*+33%6-%,-8-3#7-,%2/,%<2+/$2+/-,%+/%2%<2//-0%$52$%<2C+<+S-1%;$+3+S2$+#/%#"%H$0--$16#0#(1%*+/,% energy resources and to balance the need for clean, renewable energy while protecting the public health, safety and welfare.
Title 6 Landscaping
Section 11.405.01 1163.01 PURPOSE
Title 7 Signs
Wind Energy Conversion Systems
Title 8 Administration
Chapter 11.405
Table of Contents
Wind Energy Conversion Systems Chapter 11.405
c. No part of a WECS shall be located within or over drainage, utility or other established easements, or on or over property lines.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
b. All WECS shall be located in the rear yard portion of any lot. An exception is when a WECS is a rooftop-mounted system.
Title 11 Definitions
a. In the case of a tilt-down WECS that does not exceed 34 feet in height and is located in a residential district, the WECS shall be set back equal to 1.1 times the total height of the WECS. If the tower is a tilt-down and or crank-up monopole design, the pole must pull down or retract towards the installation site and away from all adjoining properties. If guy wires are utilized as part of the tower design, then the guy wire anchors shall be placed at least 15 feet from any abutting property boundaries.
Title 9 Subdivisions
2. R-R District.
93
Title 4 General Provisions Chapter 11.405 Wind Energy Conversion Systems Table of Contents Title 1 Purpose & Scope
C. Height. The height of a ground-mounted WECS shall be limited by the setback requirements of this section. The height of a rooftop or other building-mounted WECS shall not exceed the maximum permitted building height for the property by more than twenty percent (20%)*((For a rooftop or other building-mounted WECS that exceeds the maximum permitted building height by more than 20%, the City Board of Appeals after a public hearing may approve a greater height if the Board of Appeals determines that the placement of the WECS and context of the WECS site will mitigate any significant negative visual or safety impacts on nearby properties. D. Number of Units. Each structure or parcel shall be limited to the construction of one (1) WECS unit.
Title 2 Districts & Uses
Section 11.405.03 1163.04 LIGHTING, DESIGN AND NOISE A. Lighting. WECS shall not be illuminated except as required by the Federal Aviation Administration.
Title 3 Special Districts
B. Structural Design. WECS shall be designed to meet all requirements of the Building Code of the City of Streetsboro and all applicable state and federal regulations.
Title 4 Gen. Provisions
C. Aesthetic Design. WECS shall be designed in a manner that makes them as visually unobtrusive as possible, while meeting safety requirements. To this end, towers shall be monopole. With respect to color, WECS shall be white or off-white or unpainted metal, unless other colors are required by federal regulations or unless another color is approved by the City Planning Commission as being more effective or more appropriate in a particular instance.
Title 5 Parking
D. Signs. All installations will have a durable permanent sign warning of electric shock and identifying the manufacturer and installer with contact information for both but shall not include any off-premise advertising or any advertising for businesses or other activities located on the premises. The total area of such signs shall not exceed two (2) square feet nor exceed a height of five feet. E. Noise.
Title 6 Landscaping
1. No WECS located on a residential parcel shall create noise that exceeds a maximum of thirty-five (35) decibels at any property line on which the WECS is located. 2. WECS located in districts other than residential shall not create noise that exceeds a maximum of fiftyfive (55) decibels at any property line on which the WECS is located. 3. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods.
Title 7 Signs
4. Any WECS(s) exceeding these levels shall immediately cease operation upon notification by the City of Streetsboro and may not resume operation until the noise levels have been reduced, verified and approved by the zoning inspector.
Title 8 Administration
5. WECS unable to comply with these noise restrictions shall be shut down immediately and removed upon notification by the zoning inspector.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
94
6. These levels may not be exceeded at any time, including short-term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application. F. Prohibit Climbing. The base of the tower shall be designed so it is not climbable for a distance of twelve (12) feet, as measured from the ground. G. Electrical Components. All electrical components of the WECS shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. All electrical wires associated with a WECS, other than wires necessary to connect the wind generator to the tower wiring shall be located underground. H. Electrical interference. No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. I.
Rotor Safety. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included
City of Streetsboro
General Provisions Title 4
C. Referral to City Board of Appeals. For proposals subject to approval by the Board of Appeals, under Section 11.405.04.B, the Department of Building shall refer the application to the City Board of Appeals for review and action. D. Referral to City Planning Commission. For proposals subject to approval by the City Planning Commission, under Section 11.405.04.A, the Department of Building shall refer the application to the City Planning Commission for review and action. E. City Planning Commission Action. The City Planning Commission shall review any application subject to its approval under provisions of this chapter and shall determine whether the proposal meets all applicable standards established in the chapter to ensure appropriate appearance and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice, as provided in division (E) of this section. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed location does not meet the standards set forth in this chapter or that a suitable alternative location is available. F. Notice Requirements. Prior to taking action on a WECS application subject to its approval under provisions of this chapter, the City Planning and Zoning Department shall mail notices describing the proposal to all owners of property located within a distance of the proposed WECS equal to two hundred and fifty (250) feet of the property lines of subject property. Such notice shall be sent by certified mail at least ten (10) calendar days prior to the date of the public meeting. The Planning and Zoning Department shall also provide notice at the same time to any Councilmember who represents an area in which notices are to be mailed to property owners. G. Permit Issuance. A building permit shall be required for the installation of a WECS. The Department of Building shall issue the required permits if it determines that the application conforms to requirements of this chapter and other applicable regulations of the City of Streetsboro, and if it has been approved by the City Planning Commission where such approval is required. The Department of Zoning shall issue the required zoning certificate if it determines that the application conforms to the requirements of this chapter and other applicable regulations of the City of Streetsboro.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
B. Determination of Compliance. The Department of Building shall determine if the application conforms to regulations of this chapter and other applicable regulations of the City of Streetsboro, except for those provisions that require a determination by the City Board of Appeals and the City Planning Commission under provisions of this chapter.
Title 6 Landscaping
A. Submission of Application. An application to construct or alter a WECS is subject to the regulations of this chapter and shall be submitted to the Department of Building as part of a Building Permit application.
Title 7 Signs
Section 11.405.05 1163.06 APPLICATION, APPROVAL PROCESS AND PERMIT REQUIREMENTS
Title 8 Administration
B. City Board of Appeals Approval. Approval by the City Board of Appeals in accordance with the provisions of this Chapter shall be required for all ground-mounted or rooftop-mounted WECS that exceed the applicable Zoning District height limit.
Title 9 Subdivisions
A. General Applicability. No WECS shall be erected, enlarged or extended without conformance to the provisions of this Chapter, and other applicable regulations, as evidenced by the issuance of a Zoning Certificate by the Zoning Inspector and the issuance of a Building Permit by the Department of Building and, where required, approval by the City Planning Commission. All ground mounted systems and/or systems requiring a variance approval through the Board of Appeals will be submitted to the Planning Commission for approval.
Title 10 LID Standards
Section 11.405.04 1163.05 APPLICABILITY
Title 11 Definitions
with the installation. The minimum distance between the ground and any protruding blades utilized on a ground mounted WECS shall be fifteen (15) feet as measured at the lowest point of the arc of the blades
Table of Contents
Wind Energy Conversion Systems Chapter 11.405
95
Title 4 General Provisions Chapter 11.405 Wind Energy Conversion Systems Table of Contents
Section 11.405.06 1163.07 CONTENTS OF APPLICATION All applications subject to the provisions of this chapter shall be accompanied by the following information, as applicable, in addition to information required for all Building Permit applications.
Title 1 Purpose & Scope
A. Ground-Mounted WECS. In addition to information required by other provisions of these Codified Ordinances, the following information shall be submitted with an application for ground-mounted and accessory structures to demonstrate compliance with the provisions of this chapter.
Title 2 Districts & Uses
1. Site Plan. A site plan of the subject property showing, property lines and physical dimensions of the property, easements, adjoining streets, the proposed WECS and any proposed and existing buildings, fencing, power lines, structures, landscaping, driveways, parking, and curb cuts on the subject property.
Title 3 Special Districts
2. Elevation. An elevation drawing showing the proposed WECS and all structures shown on the required site plan, indicating the height, color and materials of the tower and all proposed fencing and other structures. 3. Lighting Plan. Where lighting of the WECS is required, a lighting plan for the proposed WECS, indicating the location, color, and intensity of the lighting, both as it will appear in daylight and at night, and indicating any mechanisms to prevent glare on adjacent properties and streets and to shield the lighting from residences, to the maximum extent feasible.
Title 4 Gen. Provisions Title 5 Parking
4. Vicinity Map. For any WECS that will exceed the height limit for buildings on the subject property, a vicinity map showing the subject property and the proposed WECS and fencing in the context of all property located within a radius of two hundred and fifty (250) feet of the WECS, showing within this area, all streets and existing buildings, power lines, and significant structures and indicating the residential use of any buildings and any property zoned in Residential Districts, such map being marked with topographic contours at two-foot intervals.
Title 6 Landscaping
5. Color Photographs. For any WECS that will exceed the height limit for buildings on the subject property, color photographs showing the current view of the WECS site from any adjoining public street or any other street within two hundred and fifty (250) feet of the proposed WECS and from the closest groupings of residential buildings located within an area from the proposed WECS equal to a radius of two hundred and fifty (250) feet of the proposed structure, plus a second set of color photographs showing the same views with the proposed WECS superimposed to scale onto the photographs. 6. Specifications. WECS specifications, including manufacturer and model, noise rating, rotor diameter, tower height and tower type (freestanding or guyed).
Title 7 Signs
7. Foundation. Tower foundation blueprints or drawings. 8. Blueprint. Tower blueprint or drawing.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
96
9. Fee, as established by the City. B. Rooftop-mounted WECS. In addition to information required by other provisions of these Codified Ordinances, the following information shall be submitted with an application for a WECS proposed to be attached to the roof of a building or to another structure and subject to approval by the City Planning Commission under the provisions of this chapter. 1. Elevation. An elevation drawing of the building or structure to which the proposed WECS will be attached, showing the placement of the WECS and indicating the color of the structure and any enclosures in relation to the surface to which it will be attached and showing the projection of the WECS from the structure, marked with all necessary dimensions. 2. Color Photographs. Color photographs of the building or structure to which the proposed WECS will be attached, with the proposed WECS superimposed onto such photographs, showing various perspectives from which the WECS will be viewed. 3. Specifications. WECS specifications, including manufacturer and model, noise rating, rotor diameter, mounting, height and type. 4. Blueprints. Blueprints or drawings.
City of Streetsboro
General Provisions Title 4
1. Notice.((A WECS that is not in use for a continuous 6-month period will be deemed to be out-of-service and the zoning inspector may issue a Notice of Out-of-Service to the owner. The owner shall have the right to respond to the Notice of Out-of-Service within 30 days from Notice receipt date. 2. Removal. If the WECS is determined to be out-of-service, the Owner of a WECS shall remove the WECS 2$%$5-%F*/-0(1%1#3-%-C7-/1-%*+$5+/%T%<#/$51%#"%0-.-+7$%#"%O#$+.-%#"%F;$-of-Service. If the Owner fails to remove the WECS, the City may pursue a legal action to have the WECS removed at $5-%F*/-0(1% expense.
Section 11.405.08 1163.09 VARIANCES A variance must be requested for any construction of a WECS that does not adhere to all provisions of this Chapter. In addition thereto, a variance must be requested to construct more than one WECS unit on any structure or parcel.
Title 1 Purpose & Scope Title 2 Districts & Uses
B. Out-of-Service
Title 3 Special Districts
A. Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a WECS shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the Final Inspection approval for the WECS, or not more than 90 days prior to that date, the permit holder for such WECS shall submit to the Director of Planning an affidavit that verifies continued operation of the WECS use and compliance with all requirements of this chapter and other applicable governmental regulations.
Title 4 Gen. Provisions
Section 11.405.07 1163.08 MAINTENANCE AND ABANDONMENT
Title 5 Parking
5. Fee, as established by the City.
Table of Contents
Wind Energy Conversion Systems Chapter 11.405
It is unlawful for any person to construct, install, or operate a WECS that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance.
Section 11.405.10 1163.11 ADMINISTRATION AND ENFORCEMENT
Title 7 Signs
Section 11.405.09 1163.10 VIOLATIONS
Title 6 Landscaping
To construct WECS that exceeds the maximum permitted building height for the property by more than 20%.
E. Legal Counsel. The Director of Planning or other official as designated may refer any violation of this ordinance to legal counsel for enforcement.
Section 11.405.11 1163.99 PENALTIES A. Whoever violates any provision of this chapter shall be subject to !"#$%&'())*J,F*,-. B. B5-%J+$>%I;+3,+/9%U/17-.$#0%2/,V#0%$5-%J+$>%L#/+/9%U/17-.$#0%15233%528-%$5-%0+95$%$#%+11;-%2/,%-/"#0.-%2%DH$#7% Q#04E%#0,-0%$#%2/>%2/,%233%7-0.-+8-,%8+#32$#01%#"%$5+1%.527$-0.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
D. Issue Citations. The Director of Planning or other official as designated may issue a citation for any violation of this ordinance.
Title 10 LID Standards
C. Abate Violations. The Director of Planning or other official as designated may issue orders to abate any violation of this ordinance.
Title 11 Definitions
B. Inspection. The Director of Planning or other official as designated may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.
Title 8 Administration
A. Building Director. This ordinance shall be administered by the Director of Planning or other official as designated.
97
Title 4 General Provisions
Chapter 11.405 Wind Energy Conversion Systems Table of Contents
Title 1 Purpose & Scope
Title 2 Districts & Uses
Title 3 Special Districts
Title 4 Gen. Provisions
Title 5 Parking
Title 6 Landscaping
Title 7 Signs
Title 8 Administration
Title 9 Subdivisions
Title 10 LID Standards
Title 11 Definitions
City of Streetsboro
98
C. Each improper installation of a separate WECS unit shall constitute a separate offense.
General Provisions Title 4
Section 11.406.02 CONTENTS The transportation impact report shall contain the following for the specified impact study area: A. Road Network. A detailed description of the collector and arterial road network, including existing and programmed roadway lanes and lane right-of-way widths; existing and programmed traffic signal locations and signal phasing; existing and planned ingress and egress locations for development mutually served by major roadway facilities with the proposed development (including all access locations adjacent to and within 600 feet of the proposed development property lines); and existing and programmed public transportation services and facilities.
Title 1 Purpose & Scope
The base transportation impact study area shall include all major roadways (collectors, arterials, and interstates) within one mile of the site. The study area shall be expanded to include at least the intersection(s) of the major access roadway(s) with the first major or minor arterial roadway in each travel direction from the development if traffic generated by the proposed development would potentially affect levels of service at the intersection. The study area shall be verified with the Director of Planning before the preparation of the transportation impact report.
Title 2 Districts & Uses
Section 11.406.01 STUDY AREA
Title 3 Special Districts
Traffic Impact Analysis
Title 4 Gen. Provisions
Chapter 11.406
Table of Contents
Traffic Impact Analysis Chapter 11.406
C. Existing Conditions. A detailed description of the existing traffic conditions, including the average daily traffic.
Title 5 Parking
B. Development Details. A description of development, including phasing and anticipated completion dates.
E. Level of Service Impact. Based on the capacity analyses described in sub-paragraph (D) above, a summary of existing levels of service on the impact area network shall be provided.
Title 6 Landscaping
D. Capacity Analyses. Capacity analyses shall be conducted at the intersections of all major roadways in the impact area that are signalized or that warrant signalization.
4. Trip Assignment. Identify the trip assignment (daily and peak hour) within the study area. Daily volumes shall be noted along roadway links. Peak hour volumes shall be reflected in turning movements at development entrances and major roadway intersections.
G. Detailed Cumulative Transportation impact Analysis. This analysis shall include existing traffic, traffic growth due to other approved development, and the impact of the proposed development. This analysis must identify projected average daily and peak hour volumes for all collector and arterial roadways and intersections and
Title 11 Definitions
5. Trip Generation. Daily and peak hour trip generation, as well as inbound/outbound direction split shall be based on the report entitled "Trip Generation (5th edition)" by the Institute of Transportation Engineers published in 1991, or its successors, except when special trip generation research conducted by a registered engineer practicing in the area of transportation engineering demonstrates alternative data to be more appropriate.
Title 8 Administration
3. Trip Distribution. Indicate the basis for determining trip distribution for the proposed development and the resultant trip distribution by cardinal direction (north, south, east, and west).
Title 9 Subdivisions
2. Internal/External Split. Indicate the internal/external split and pass-by trips for daily and peak hour travel. The analysis shall indicate the basis for capturing internal and external trips.
Title 10 LID Standards
1. Trip Generation. Indicate daily and peak hour trip generation data. Peak hour trip generation data should reflect the impact anticipated due the existing street peak hour. The analysis shall show in tabular form the land use components, the trip generation rates, and the total trips generated by land use type.
Title 7 Signs
F. Traffic Impacts. A detailed analysis of traffic impact of the proposed development, including the following components:
Draft Zoning Ordinance: February 15, 2012
99
Title 4 General Provisions Chapter 11.406 Traffic Impact Analysis Table of Contents
must identify the development impact separately from the cumulative traffic volume. For the purposes of these analyses, background traffic shall be identified as existing plus other approved development traffic. Other development traffic shall be identified by using actual traffic analyses for approved projects and historical growth trends on the subject roadways as appropriate.
Title 1 Purpose & Scope Title 2 Districts & Uses
Capacity analyses shall be conducted to identify levels of service resulting from the cumulative traffic demands, including the proposed development. When the combination of background traffic and the impact from the subject development will reduce the Level of Service below acceptable LOS standards, analyses shall be conducted to identify those improvements required to maintain acceptable Level of Service standards, as determined by the City Engineer or applicable agency/entity. These improvements shall be identified clearly.
Section 11.406.03Â TRAFFIC STUDY AND TRAFFIC DATA INVENTORY AND FILE
Title 3 Special Districts
The Director of Planning shall keep a file of all traffic studies, including the capacity allocated for each approved project. In determining the projected demand in !"#$%&'())*.,G*,-*] above the impact analysis shall include trips already allocated in previous development approvals. The Director shall provide information when appropriate data already exists and is available in order to prevent duplication.
Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
100
City of Streetsboro
General Provisions Title 4
Public benefits arising from a development agreement shall include, but are not limited to, provision of public facilities such as streets, sewerage, parks/open space, transportation, schools, and utility facilities. The establishment of vested rights through use of a development agreement can thereby ensure reasonable certainty, ensure stability and fairness in the land development approval process, secure the reasonable investment-backed expectations of landowners, provide for a more efficient use of resources, and foster cooperation between the public and private sectors in the area of land use planning. Accordingly, these provisions establish uniform procedures and standards for the preparation, review, and adoption of development agreements.
Section 11.407.02 APPLICABILITY/ELIGIBLE PARTIES The City of Streetsboro may enter into a development agreement with any person having a legal or equitable interest in real property for the development of that property. The subject property shall be located within the incorporated boundaries of the City of Streetsboro.
Section 11.407.03 CONTENTS OF DEVELOPMENT AGREEMENT
Title 1 Purpose & Scope Title 2 Districts & Uses
Development agreements are intended to accomplish two primary purposes: (1) Provide more certainty to a land owner or developer through the grant of vested property rights for an agreed-upon term of years; and, in return, (2) Provide more certainty to the City of Streetsboro that public amenities and improvements will be provided according to an agreed-upon schedule and at a level of quality sufficient to justify the grant of vested rights.
Title 3 Special Districts
Section 11.407.01 PURPOSE
Title 4 Gen. Provisions
Development Agreements
Title 5 Parking
Chapter 11.407
Table of Contents
Development Agreements Chapter 11.407
1. Uses. A description of the uses permitted on the property and any uses specifically prohibited; 2. Intensity. The density or intensity of proposed uses, including the minimum and maximum size (floor area) and height of buildings;
Title 6 Landscaping
A. Mandatory Requirements. A development agreement shall include the following:
7. Public Benefit. Provisions for public benefits or improvements in excess of what is required by current City policy or law; 8. The termination date of the development agreement, which in no case shall be later than 10 years from the date of execution of the development agreement, unless said agreement has been re-affirmed or an extension provided if longer than 10 years has elapsed. B. Optional Requirements. A development agreement may include the following:
Title 8 Administration
6. Environmental Considerations. Provisions to protect environmentally sensitive land on the property, and other measures to mitigate anticipated impacts from the development on the general public;
Title 9 Subdivisions
5. Public Infrastructure/Services. Assurances that adequate public facilities (including roads, water, sewer, schools, fire protection, and emergency medical services) will be available as they are needed to serve the development;
Title 10 LID Standards
4. Phasing. The proposed timing and phasing of the construction of public improvements and of the development project;
Title 7 Signs
3. Public Purposes. Provisions for the reservation or dedication of land for public purposes;
Title 11 Definitions
1. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; or
Draft Zoning Ordinance: February 15, 2012
101
Title 4 General Provisions Chapter 11.407 Development Agreements Table of Contents
2. Terms, conditions, restrictions, and requirements for subsequent discretionary actions, provided such terms, conditions, restrictions, and requirements shall not prevent the development of the property for the uses and to the density and intensity of development set forth in the agreement.
Title 1 Purpose & Scope
Section 11.407.04 GOVERNING ORDINANCES, RULES, REGULATIONS, AND OFFICIAL POLICIES ﴾VESTING OF PROPERTY RIGHTS﴿
Title 2 Districts & Uses
A. Prevailing at the Time of Execution. Unless otherwise provided by the development agreement, the ordinances, rules, regulations, and official policies applicable to development of the subject property and governing the following areas shall be those ordinances, rules, regulations, and official policies in force at the time of execution of the agreement: 1. Permitted uses of the land,
Title 3 Special Districts
2. Density, and 3. Design, improvement, and construction standards and specifications. B. Subsequently Enacted Regulations--General Rule and Exceptions.
Title 4 Gen. Provisions
1. General Rule. Ordinances, rules, regulations, and official policies that govern permitted uses of the land, density, and design, improvement, and construction standards and specifications, and that are enacted subsequent to execution of the development agreement, shall not be enforced against the subject property.
Title 5 Parking
2. Exceptions. Notwithstanding paragraph (1) above, a development agreement shall not prevent the City, in subsequent actions, from applying any of the following to the subject property: a. New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the subject property as set forth in the development agreement;
Title 6 Landscaping
b. New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the development agreement; c. New ordinances, rules, regulations, and policies that are necessary to address a significant and immediate threat to the public health, safety, and welfare; or
Title 7 Signs
d. New ordinances, rules, regulations, and policies when the City finds that the development agreement is based on substantially inaccurate information supplied by the developer.
Title 8 Administration
Section 11.407.05 REVIEW PROCEDURES FOR DEVELOPMENT AGREEMENTS A. Approval Process. The procedures and requirements for consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property shall be the same as for a conditional land use approval (!""(/012$"3())*J,HD(/&'6%$%&'18(L1'6(M5"( :"@%"B).
Title 9 Subdivisions
B. Review Standards. The Planning Commission and the City Council shall review development agreement applications and evaluate them to determine their compliance with the following standards:
Title 10 LID Standards
1. The development agreement shall be consistent with the purposes and intent of this Code, and with the policies, goals, and objectives of any applicable community plan, including the City of Streetsboro Comprehensive Plan, as amended from time to time. 2. The development agreement complies with the requirements set forth in this Section. 3. The development agreement complies with all development regulations of this Ordinance.
Title 11 Definitions
102
4. The financial benefits of the development agreement to the City outweigh its costs.
City of Streetsboro
General Provisions Title 4
Section 11.407.07 PERIODIC REVIEW A. All development agreements shall be reviewed by the Planning Commission every 2 years. At the review, the developer shall provide such information as shall be required by the commission to demonstrate good faith compliance with the terms of the development agreement. If the Commission determines that the agreement should be terminated or modified, the matter shall be referred to the City Council for its determination.
Section 11.407.08 MODIFICATION AND TERMINATION A. Mutual Consent. A development agreement may be canceled or modified by the mutual consent of the developer and the City acting through the City Council. B. Noncompliance by Developer. The City Council may terminate or modify a development agreement based upon evidence that the developer or successor in interest thereto, has not complied with the terms or conditions of the agreement. C. Change in Applicable State or Federal Law. In the event that state or federal laws or regulations are enacted after execution of the development agreement and prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended to the extent necessary to comply with such state or federal laws or regulations. D. Procedure. The City Council may modify or terminate a development agreement using the same legislative procedures for adopting the original development agreement ordinance.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
B. Binding on Successors in Interest. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties of the development agreement.
Title 5 Parking
A. Recordation Required. No later than 10 days after the City and developer executes a development agreement, the Clerk of Council shall record with the County recorder a copy of the agreement, which shall describe the land subject thereto. Any modification or subsequent termination or cancellation of the agreement shall be recorded by the Clerk of Council no later than 10 days after such action.
Title 6 Landscaping
Section 11.407.06 EFFECT OF APPROVAL
Title 7 Signs
6. The development agreement complies with all applicable federal, state, or county development regulations, standards, and requirements, or plans, including but not limited to wetlands, water quality, and wastewater regulations.
Title 8 Administration
5. The development agreement and developer provide adequate assurances to the City that the development will go forward as planned in return for any vesting of property rights beyond what may otherwise be allowed by Ohio law.
Table of Contents
Development Agreements Chapter 11.407
Title 11 Definitions
Title 10 LID Standards
Unless amended or terminated pursuant to this Chapter, a development agreement shall be enforceable by any party thereto.
Title 9 Subdivisions
Section 11.407.09 ENFORCEMENT
Draft Zoning Ordinance: February 15, 2012
103
Title 4 General Provisions Chapter 11.408 Performance Standards Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
104
Chapter 11.408
Performance Standards
Section 11.408.01 1151.24 GENERAL PERFORMANCE STANDARDS All uses and activities established after the effective date of this Zoning Ordinance shall comply with the following standards: A. Noise. 1. The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals, institutional or governmental or quasi-public activities) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a Sound Level Meter and an Octave Band Analyzer that conforms to specifications published by the American Standards Association. 2. Sound pressure levels shall be measured at the lot line of the property from which the emission occurs. The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows: (All of the decibel levels stated below shall apply in each case.) Octave Band Center Frequency (Hertz) 31.5 63 125 250 500 1,000 2,000 4,000 8,000
Maximum Permitted Sound Pressure Level Decibels re 0.0002 Microbar 83 78 72 64 57 51 46 41 38
3. If the noise is not smooth and continuous or is radiated during sleeping hours, the decibel levels given above shall be adjusted as follows: Type of Operation or Character of Noise Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. Noise occurs less than five percent (5%) of any one-hour period. Noise is of periodic character (hum scream, etc.,) or is of impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above.)
Corrections in Decibels -6 +6
-6
B. Vibrations. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines with the exception of vibration produced as a result of construction or demolition operations. C. Dust, Fumes, Vapors and Gases.
City of Streetsboro
General Provisions Title 4
G. Storage and Waste Disposal. 1. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, except tanks or drums of fuel directly connected with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel. 2. All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence. 3. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. 4. All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards. H. Floodways. Permitted uses in any district shall not encroach upon the relatively flat land adjoining watercourses of the Cuyahoga River and Tinkers Creek drainage areas, and subject to overflow therefrom. No construction, storage, or fill shall be permitted which would cause increase in the height or velocity of floods, downstream damage of properly, pollution of the water course, or health hazards on the premise.
Section 11.408.02 1151.05 PROHIBITED USES
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 11 Definitions
Title 10 LID Standards
No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of these regulations, and any additional conditions and requirements prescribed, is or may become hazardous, noxious or offensive due to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, electrical interference, refuse matter or water carried wastes.
Title 4 Gen. Provisions
F. Glare. No use shall produce a strong, dazzling light or a reflection thereof beyond its lot lines.
Title 5 Parking
E. Heat. No use shall produce heat detectable without the aid of instruments beyond its lot lines.
Title 6 Landscaping
D. Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.
Title 7 Signs
3. No emission of liquid or solid particles from any chimney or other source shall exceed five-tenths grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. At the source, allowable particulate matter in combustion gases shall not exceed one pound per million BTU input.
Title 8 Administration
2. No smoke shall be emitted from any chimney or other source, of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U. S Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than six minutes in any thirty minute period.
Title 9 Subdivisions
1. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals, vegetation, or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is prohibited.
Table of Contents
Performance Standards Chapter 11.408
Draft Zoning Ordinance: February 15, 2012
105
Parking Title 5
Chapter 11.501
Generally
Whenever a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the regulations of this title. The building of a parking lot is subject to the requirements for a zoning certificate.
Section 11.501.01 GENERAL STANDARDS
Title 2 Districts & Uses
Title 5 PARKING
Title 1 Purpose & Scope
Table of Contents
Generally Chapter 11.501
A. Existing Off-Street Parking. Off-street parking existing at the effective date of this ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than would by this ordinance be required for such building or use.
Title 3 Special Districts
Off-street parking, in conjunction with all land and building uses shall be provided as herein prescribed:
1. Proximity. In all districts, in connection with every building or part thereof hereafter created, sufficient parking facilities shall be provided off-street to meet all the parking needs; the nearest edge of such facilities shall be within 500 feet of the principal permitted use or building.
Title 4 Gen. Provisions
B. Location of Parking Spaces.
3. Single-family residential off-street parking shall consist of a parking strip, driveway, parking bay, garage or combination thereof and shall be located on the premises they are intended to serve. Such singlefamily residential off-street parking is exempt from the regulations of this Title governing a parking lot. C. Landscaping of off-street parking lots shall be subject to the requirements of Title 6 (Landscaping), !"#$%&'( ))*G,-*,).
Title 6 Landscaping Title 11 Definitions
Title 10 LID Standards
D. Use of Off-Street Parking Areas. Required off-street parking shall be for use of occupants, employees, visitors, and patrons and shall be limited in use to motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles is prohibited.
Title 7 Signs
c. \'(I_:(1'6(\_)(P%5$3%#$5* Off-street parking may be located in all yards, provided that a minimum 20-foot wide landscaped strip is provided between the parking area and the street right-of-way line. When off-street parking facilities are located in the required side or rear yard adjacent to a parcel in a residential district, minimum 10-foot wide landscaped area shall be provided between the parking area and the lot line. The landscaped area shall comply with the landscaping standards for a Type B buffer (see !"#$%&'())*G,+*,)), and the Planning Commission may require a decorative masonry wall.
Title 8 Administration
b. \'(RD(I_4D(ID(1'6(P(P%5$3%#$5* Off-street parking is prohibited in front yards, but may be located onstreet, or behind the front building wall in side or rear yards.
Title 9 Subdivisions
a. \'(:"5%6"'$%18(P%5$3%#$5* Off-street parking is prohibited in the required front or side yard. Such parking facilities may be located in non-required front or side yards and in the rear yard.
Title 5 Parking
2. Location of Parking Spaces.
Draft Zoning Ordinance: February 15, 2012
107
Title 5 Parking Chapter 11.502 Parking Requirements Table of Contents
Chapter 11.502
Parking Requirements
Title 1 Purpose & Scope
Section 11.502.01 PARKING REQUIREMENTS A. Measurement Standards. For the purpose of computing the number of parking spaces required, the following measurement standards are used:
Title 2 Districts & Uses
1. Floor Area. For the purposes of this title, and where floor area is the unit for determining the required number of parking spaces, "floor area" in offices, merchandising and service types of uses shall mean the area used for service to the public and shall exclude areas used principally for non-public purposes such as storage, incidental repair, processing, show windows, rest rooms and dressing rooms.
Title 3 Special Districts
2. Fractional Spaces. When calculations for determining the required number of parking spaces results in a fractional space, any fraction of less than one half (1/2) may be disregarded, while a fraction of one half (1/2) or more shall be counted as one space.
Title 4 Gen. Provisions
3. Employee Parking. Parking spaces required for employees shall be based on the maximum number of employees on the premises at any one time during the largest typical daily work shift. 4. Places of Assembly. For religious institutions, sports arenas, or similar places of assembly in which those in attendance occupy benches, pews, or similar seating, each 24 inches of such seating shall be counted as one seat. For places of assembly without fixed seating, the parking requirement shall be calculated on the basis of the maximum permitted occupancy of the structure or facility as permitted by the Ohio Building Code.
Title 5 Parking
5. Persons. G/>%7204+/9%1$2/,20,%.23.;32$-,%#/%$5-%621+1%#"%!7-01#/1(:%!1$;,-/$1(:%#0%2%1+<+320%90#;7%15233% be based upon the maximum permitted occupancy of the structure or facility as permitted by the Ohio Building Code.
Title 6 Landscaping
B. Minimum Parking Required. The minimum number of off-street parking spaces shall be determined in accordance with the following A1?8"(J*((W%'%E7E(O13U%';(:"c7%3"E"'$5. For the list of uses that are included in each category, refer to !"#$%&'())*-,+*,..
Title 7 Signs
C. Maximum Parking Permitted. To minimize excessive areas of pavement which negatively impact aesthetic standards and contribute to high volumes of storm water runoff, the maximum amount of off-street parking permitted for any use shall not exceed 200% of the minimum parking requirements of A1?8"(J. This requirement shall not apply to single-family or two-family dwellings. The Planning Commission may permit additional parking over and above the maximum parking limit based on documented evidence indicating that the maximum parking permitted will not be sufficient to accommodate the use on a typical day.
Title 8 Administration
D. Uses Not Listed. For uses not listed in A1?8"(J, the default parking requirement for the category of use shall apply, unless the reviewing authority determines that the standard for another use is more appropriate than the default parking standard.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
108
E. Parking Lots in Residential Districts. The Planning Commission may issue a conditional zoning certificate for parking lots in residential districts subject to the following conditions: 1. Accessory Use. The parking lot shall be accessory to and for the use in connection with one or more permitted or conditionally permitted uses in an adjoining commercial or industrial district. 2. Size and Location. Such parking lot shall contain not less than 5,000 square feet, which shall abut at least 50 feet, either directly or across an alley or street, on the district in which the use for which the parking is provided, permitted or conditionally permitted. 3. Setbacks. Such parking lot area shall conform to the minimum building lines of the district in which the parking area is located. 4. Passenger Parking Only. Such parking lot shall be used solely for the parking of passenger vehicles and no commercial repair work or service of any kind shall be conducted in such parking lot.
City of Streetsboro
Parking Title 5
b. `"%;0$V(C%6$0. Such fence, wall or hedge shall be not less than 4 feet in height and no solid portion shall be more than 6 feet in height and shall be maintained in good condition. The planting strip for hedges shall be no less than 3 feet in width. c. C1$"3(!&73#". At least one water spigot or other source shall be provided not more than 50 feet from the lot for maintenance of plant materials. d. !%6"(!"$?1#U. The space between such fence, wall or hedge and the side lot line of adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
F. Bicycle Parking. Bicycle parking areas, including racks, are required in conjunction with off-street parking lots that are larger than 25 spaces. One bicycle space shall be provided for every 25 required vehicle parking spaces or fraction thereof. Shelters, bicycle lockers, or other methods of protecting the parked bicycles are encouraged. Bicycle parking spaces may be located anywhere on the site, including inside the building, and need not be located within the boundaries of the vehicle parking lot, but shall be located proximate to building entrances. Bicycle parking spaces shall not be located in a manner that would in any way obstruct required building ingress or egress for fire safety, as determined by the Fire Chief or designee thereof.
Title 2 Districts & Uses
a. A>2". Such parking lot shall be efficiently screened on each side by a fence of acceptable design, wall or compact hedge.
Title 3 Special Districts
7. Screening.
Title 4 Gen. Provisions
6. Ingress/Egress. Entrances and exits shall be at least 20 feet from any adjacent property located in any residential district.
Title 5 Parking
5. Signs. No sign of any kind, other than entrance and exit signs shall be permitted.
Table of Contents
Parking Requirements Chapter 11.502
Draft Zoning Ordinance: February 15, 2012
109
Title 5 Parking Chapter 11.502 Parking Requirements Table of Contents
Section 11.502.02 1155.02 MINIMUM NUMBER OF REQUIRED SPACES Table 8. Minimum Parking Requirements
Title 1 Purpose & Scope
USE
AGRICULTURE USES
Title 2 Districts & Uses
!"#$%&'()$*+,-.(/"0%,*"1"-'2(
34(1,-,1%1(5$*+,-.(*"0%,*"1"-'(
Retail sales associated with an animal or agricultural use
1 space per 400 sq. ft. of retail sales area
RESIDENTIAL USES
Title 3 Special Districts
!"#$%&'()$*+,-.(/"0%,*"1"-'2(
6(75$8"7(5"*(9:"&&,-.(%-,'(
Dwelling Unit in Mixed Use Building
0.9 spaces per bedroom
Multiple Family or Single Family Attached 1.1 spaces per bedroom
Title 4 Gen. Provisions
COMMUNITY, CIVIC, and INSTITUTION USES !"#$%&'()$*+,-.(/"0%,*"1"-'2(
;(75$8"(5"*(<(5"*74-7(5"*1,''"9($'(1$=,1%1(488%5$-8>(
Human Care Institution Hospital or Medical Clinic
1 space per 0.5 residents or beds + 1 space per employee at maximum shift
Title 5 Parking
COMMERCIAL, OFFICE, and SERVICE USES
Title 6 Landscaping Title 7 Signs
;(75$8"(5"*(?@@(70A(#'A(4#(B%,&9,-.(#&44*($*"$(
Bar, Restaurant, or Tavern!
1 space per 2.25 persons permitted at maximum occupancy
Bed and Breakfast
1 space per guest room + 2 spaces for owner‐operator
Child Day Care Center
0.25 spaces per resident or client at maximum occupancy
Lodging Uses
1 space per room
Office, professional or medical
1 space per 300 sq. ft. of floor area
Places of assembly!
1 space per 3 persons permitted at maximum occupancy
Public or Self‐Storage
Outdoor access: 3 spaces Indoor access: 1 space per 50 leasable storage units
Recreation, Private Indoor
1 space per 3 persons permitted or anticipated at maximum occupancy
Recreation, Private Outdoor
1 space per 3 persons permitted or anticipated at maximum occupancy
Vehicle or Mechanical Equipment Service
1 space per employee present at maximum shift + 3 spaces for each enclosed garage or bay area.
Title 8 Administration
!"#$%&'()$*+,-.(/"0%,*"1"-'2(
INDUSTRIAL and EXTRACTION USES
Title 9 Subdivisions
!"#$%&'()$*+,-.(/"0%,*"1"-'2(
;(75$8"(5"*(CD@(70A(#'A(4#(7E45(#&44*(4*(1$-%#$8'%*,-.(#&44*($*"$(F(;(75$8"(5"*(<@@(70A( #'A(4#(4##,8"($*"$(
Warehousing/Distribution
1 space per 2,000 sq. ft. of floor area + 1 space per 350 sq. ft. of office area
ACCESSORY and TEMPORARY USES !"#$%&'()$*+,-.(/"0%,*"1"-'2(
Title 10 LID Standards Title 11 Definitions
110
MINIMUM REQUIRED OFF‐STREET PARKING SPACES
34(1,-,1%1(5$*+,-.(*"0%,*"1"-'(
Drive‐in or drive‐through facility stacking ! spaces ! ! !
2 entry + 1 exit space per self‐service car wash 8 entry + 1 exit space per automatic car wash 3 stacking spaces per general use service window or station 8 stacking spaces per restaurant service window
*The default parking standard applies to any use not specifically listed in the above table.
City of Streetsboro
Parking Title 5
1. Excess Shared Parking Area. Shared parking areas should contain sufficient parking area to accommodate spill over parking in situations where the Planning Commission determines that the probability of increased parking demand or frequency thereof for associated uses is above that which is required for each separate use as required by A1?8"(J. Excess shared parking areas shall be located within 500 feet of the building it is intended to serve, measured from the property line of the site containing the parking facility. Excess shared parking areas shall apply to and conform with the following: a. Y228%#1?%8%$>. Excess parking area shall only apply to buildings that contain 4 or more building units. b. d71'$%$>(&9(!013"6(O13U%';(Y3"1. Excess parking areas shall be equal to the required number of parking spaces for the several individual uses computed separately, plus 20%. The Planning Commission may modify the amount of excess parking based on evidence submitted by the applicant.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 11 Definitions
Title 10 LID Standards
D. Mixed Use. In the case of a mixed use facility, the number of off-street parking facilities required shall equal the sum of the required spaces of the various uses computed individually. If the Planning Commission determines that special characteristics of the uses within such a facility will require fewer spaces than the computed sum, the Commission may reduce the required number of spaces by no more than 1/2 the sum of the spaces required for each individual use.
Title 5 Parking
C. Shared Parking. 2 or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately. However, in cases of dual functioning of off-street parking where operating hours do not overlap, the Planning Commission may reduce the required number of parking spaces based on the peak hour demand. Shared parking shall be located within 500 feet of the building it is intended to serve, measured from the property line of the site containing the parking facility.
Title 6 Landscaping
In the event a future change of use or tenancy or expansion of a use requires, in the determination of the Commission, additional actual parking, then the Commission shall require that additional parking spaces be provided from the previously land banked area of the development. An agreement executed between the City 2/,%$5-%2773+.2/$%15233%6-%0-.#0,-,%*+$5%$5-%@#0$29-%J#;/$>%W-.#0,-0(1%F""+.-%2/,%15233%2$$2.5%12+,% restrictions to the real prop-0$>%;/,-0%$5-%,#.$0+/-%#"%3+1%7-/,-/1%$#%6-%"+3-,%2$%$5-%2773+.2/$(1%.#1$%70+#0%$#% occupancy permit being issued.
Title 7 Signs
B. Land Banking. With respect to any retail, service, mixed use, industrial or multi-family dwelling, the Planning Commission may, upon finding that the number of parking spaces required by A1?8"(J are not reasonably necessary in order to provide adequate parking for a proposed development, authorize or require a developer to provide a lesser number of actual parking spaces and to land bank the remaining spaces required by Table 8 for future parking needs. The entire landbanked area shall be shown on the site plan and improved with landscape plantings as approved by the Commission. Land banked parking shall be located in areas that are suitable for future parking, and that comply with the requirements of this title.
Title 8 Administration
A. Modification of Minimum Parking Requirement. The Planning Commission may modify the numerical requirements for off-street parking based on evidence submitted by the applicant that another standard would be more reasonable because of the level of current or future employment or customer traffic. The Planning Commission may condition the approval of a modification of the parking requirements that binds such approval to the specific use in question.
Title 9 Subdivisions
Section 11.502.03 MODIFICATION OF MINIMUM PARKING REQUIREMENTS
Table of Contents
Parking Requirements Chapter 11.502
Draft Zoning Ordinance: February 15, 2012
111
Title 5 Parking Chapter 11.503 Parking Design Standards Table of Contents
Chapter 11.503
Parking Design Standards
Title 1 Purpose & Scope
Section 11.503.01 PARKING LOT LAYOUT AND DESIGN STANDARDS
Title 2 Districts & Uses
A. Parking Area Design. Parking areas shall be of useable shape, improved with bituminous concrete, or equivalent surfacing (refer to !"#$%&'())*H,+*,-, Surfacing) and so graded and drained as to dispose of all surface water within the area. B. Lighting. All lighting used to illuminate parking areas shall be so arranged as to direct light away from adjoining premises or rights-of-way. Open light sources, such as the stringing of light bulbs shall be prohibited.
Title 3 Special Districts
C. Bumper Guards. Wheel guards, including bumper guards as may be necessary, shall be provided in connection with any off-street parking area of 5 cars or more. Such improvements shall be constructed to confine storm water surface drainage to the premises; to safely contain vehicles on sloping surfaces; and to prevent bumper overhang onto sidewalks and landscape areas.
Title 4 Gen. Provisions Title 5 Parking
D. Curb Cuts. Curb cuts shall be located to minimize traffic congestion and avoid undue interference with pedestrian access at street intersections. No more than one curb cut shall be permitted per street unless said lot contains greater than 300 feet of frontage. In no case shall curb cuts be separated by less than 150 feet. In addition, the edge of any curb cut shall be set back a minimum of 50 feet from the intersection of 2 street rights-of-way. Curb cuts shall not be less than 20 feet in width at the sidewalk nor more than 30 feet at the curb, as approved by the City Engineer. Residential uses shall have curb cuts of no less than 10 feet in width. [Verify curb cut widths with the Fire Department] E. Maneuvering Lanes. All parking areas shall be provided adequate access by means of maneuvering lanes. Backing directly into any public or private street from an off-street parking space shall be prohibited.
Title 6 Landscaping
F. Pedestrian Circulation. Parking and loading areas, maneuvering lanes and curb cuts shall be designed to cause no interference with safe and convenient movement of automobile and pedestrian traffic on and adjacent to a site. Parking lots shall also conform to the following to ensure safe pedestrian movement within and adjacent to parking areas: 1. Separation. The parking lot layout shall accommodate direct and continuous pedestrian circulation, clearly divided from vehicular areas.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
112
2. Crosswalks. Pedestrian crosswalks shall be provided, distinguished by textured paving or pavement striping and integrated into the sidewalk network. 3. Pavement Markings. Pavement markings such as directional arrows on and flush with the pavement shall be provided, as approved by the City Engineer. 4. Directional Signs. Directional signs including but not limited to stop, yield or pedestrian crossing signs shall be provided. 5. Ohio Building Code and ADA Considerations. All parking and loading areas shall conform to applicable sections of the Ohio Building Code and 2010 (or hereafter amended) Americans with Disabilities Act (ADA) Standards for Accessible Design. 6. Other Pedestrian Safety Measures. The Planning Commission may require speed bumps or other parking lot improvements where such improvements are deemed necessary. The Planning Commission should seek input from the Police Department when additional safety measures are being considered. G. Barrier Free Parking Spaces. 1. Barrier Free Spaces Required. Each parking lot that serves a building, except single-and two-family dwelling units, shall have a number of level parking spaces, identified by a sign which indicates the spaces are reserved for physically handicapped persons. Barrier-free parking shall comply with the adopted City Building Code, and the Federal Americans with Disabilities Act.
City of Streetsboro
Parking Title 5
Table 9. Barrier Free Spaces Required. Total Accessible Spaces Required "#$%&'(#$)*+,-.*/01*2$(*3/1*2#4&5s﴿
Van Accessible Spaces Required ﴾a﴿ "3/1*6#(5*2%%544*2#4&57
1 to 25
1
1
26 to 50
2
1
51 to 75
3
1
76 to 100
4
1
101 to 150
5
1
151 to 200
6
1
201 to 300
7
1
301 to 400
8
1
401 to 500
9
2
501 to 1,000
2% of total parking provided in lot
1/8 of total accessible spaces required
1,001 and over
20 plus 1 space for each 100 over 1,000
1/8 of total accessible spaces required
a. T1'(!21#"5(:"c7%3"6(13"(4&'_/7E781$%@". The number of van spaces are part of, and not in addition to, the total number of accessible spaces required.
Title 6 Landscaping
Table 9 Footnote:
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Total Spaces in Parking Lot
Title 1 Purpose & Scope
3. Number of Barrier Free Spaces Required. Barrier free spaces shall be required in accordance with A1?8"(F. Table 9 is based on the most recent Department of Justice ADA accessible parking requirements. If the accessible parking requirements are updated, the updated standards shall supersede those listed in Table 9.
Title 2 Districts & Uses
2. Construction Standard. Each barrier-free parking space shall have no more than a nominal 3% grade and shall be not less than 8 feet in width and be adjacent to an access aisle not less than 5 feet in width. Required van-accessible barrier-free spaces must be 8 feet in width and be adjacent to an access aisle not less than 8 feet in width.
Table of Contents
Parking Design Standards Chapter 11.503
1. Angled Parking. 9.5 in width and 19 feet in length for all angled parking, including right angle parking.
Title 7 Signs
H. Parking Space Size and Dimensions. The minimum rectangular dimensions for a parking space shall be:
All dimensions shall be exclusive of maneuvering lanes and other circulation areas. A1?8"(), below includes design standards for parking spaces and maneuvering lanes. Construction of off-street parking spaces shall conform with the following requirements:
Title 8 Administration
2. Parallel Parking. 9 feet in width and 23 feet in length.
o
0 ﴾parallel﴿ o
o
1 ! 70 ﴾angled﴿ o
o
71 ‐ 90
Maneuvering Lane Width ﴾a﴿
Parking Space Width ﴾b﴿
Parking Space Length
12 feet ﴾one way﴿ 24 feet ﴾2 way﴿
9 feet
23 feet
12 feet ﴾one way﴿
9.5 feet
20 feet
12 feet ﴾one way﴿ 20 feet ﴾2 way﴿
9.5 feet
20 feet
Title 10 LID Standards
Parking Pattern ﴾degrees﴿
Title 9 Subdivisions
Table 10. Parking Design Standards
a. Reduction of Maneuvering Lane Width. The required dimension may be reduced by 2 feet if low impact storm water management methods are incorporated into the parking lot storm water management design.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
Table 10 Footnotes:
113
Title 5 Parking Chapter 11.503 Parking Design Standards Table of Contents
b. Additional Width Required to Accommodate Door Swing. Any parking space abutting a 32/,1.27-,%20-2%#/%$5-%,0+8-0(1%#0%7211-/9-0(1%1+,-%#"%$5-%8-5+.3-%15233%70#8+,-%2/%2,,itional 18 inches of width to allow for access without damage to the landscaped area.
Title 1 Purpose & Scope
I.
Striping Requirements. The striping of off-street parking shall be done with either white or yellow paint. The striping of off-street handicapped parking stalls shall be identified with blue paint. All parking spaces shall be clearly striped with 4 inch wide lines spaced 2 feet apart to facilitate movement and to help maintain an orderly parking arrangement, as shown in S%;73"(J.
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
Figure 8. Parking Lot Double Striping Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
114
J. Vehicle Overhang. Parked vehicles may hang over the interior landscaped area or curbing no more than 2 feet, as long as concrete or other wheel stops are provided to insure no greater overhang or penetration of the landscaped area.
Section 11.503.02 SURFACING A. Surfacing. The entire parking area, including parking spaces and maneuvering lanes, required under this title shall have asphaltic or concrete surfacing; or porous pavers in accordance with specifications approved by the City Engineer. Such facilities shall provide on-site drainage to dispose of all surface water in the parking area, unless otherwise approved by the City Engineer. B. Permeable Paving. Permeable or porous paving methods are encouraged in all parking lots regardless of size, including open joined pavers, porous concrete/asphalt, and other methods of increasing stormwater infiltration. 1. Incentives. The following incentives may be provided, as determined by the Planning Commission, to promote permeable paving: a. :"67#"6(A&$18(O13U%';. The required number of total parking spaces per A1?8"(J may be reduced by a number equal to the quantity of permeable spaces provided, however, the total reduction in required parking spaces shall not exceed 20% of the applicable minimum parking required in Table 8 b. Z=2"6%$"6(:"@%"B. The applicant may be granted an expedited review process, as set forth in ,. 2. Design Considerations* a. L&#1$%&'. In order to maximize positive impacts on stormwater systems, all proposed permeable parking spaces shall be located adjacent to landscaped areas, whether they be interior or perimeter parking lot landscaping (refer to Sections !"#$%&'())*G,-*,)*(Y and !"#$%&'( ))*G,-*,)*(I). Shall be shown on site plans.
City of Streetsboro
Parking Title 5
C. Pavement Color. All off-street parking areas are encouraged to use light-colored materials such as concrete or light-colored pavers to reduce surface temperatures and to reduce the heat island effect. D. When Surfaced. The parking area shall be surfaced within 2 months of occupancy of the use it is to serve if it is for a new use, and within 2 months of the effective date of rezoning if said parking area is to serve an existing use or uses, except when weather conditions prohibiting the pouring of concrete extend such time period.
Section 11.503.03 OFF‐STREET LOADING AND UNLOADING Every building used for nonresidential purposes which customarily receives or distributes goods by motor vehicle shall provide sufficient space on the premises for all loading, unloading and service purposes on the basis of the following minimum regulations: A. Location. Access to truck loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public use of the streets or alley and will allow orderly and safe movement.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
3. Approval. These methods may only be used when the permeable paving will have sufficient strength to bear expected vehicle loads for the parking area, as determined by the City Engineer. In addition, all permeable pavement shall comply *+$5%$5-%J+$>(1%Stormwater Management Plan (refer to A%$8"(),_ and /012$"3())*),,-(/&'5$37#$%&'(!%$"(!&%8(Z3&5%&'D(!"6%E"'$D(C15$"D(1'6(!$&3E(C1$"3(:7'&99( :";781$%&'5). As such, all proposed permeable pavement shall be reviewed by the Engineering Director and/or his or her designees or other Community officials who may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations shall be assessed to the applicant or his or her designated representative.
Title 5 Parking
d. M5"(L%E%$1$%&'5. Permeable paving may only be provided for low-turnover uses, such as multifamily residential and institutional uses, as determined by the Planning Commission. High turnover, high traffic volume, and heavy vehicles, normally associated with commercial and industrial uses are not ideal for permeable paving. The Planning Commission may permit permeable parking spaces for all uses based on evidence submitted by the applicant.
Title 6 Landscaping
c. W1'"7@"3%';(L1'"5. In order to accommodate heavy travel, snow plowing vehicles, and promote maintenance and longevity of parking areas, maneuvering lanes shall be regular (i.e. impervious) pavement, while parking spaces only may be permeable.
Title 7 Signs
b. 47E?"3. The total number of contiguous, adjacent permeable parking spaces shall limited to no more than 5 spaces.
Table of Contents
Parking Design Standards Chapter 11.503
C. Dimensions. Such loading and unloading space shall be 10 feet by 40 feet in area with a 14 foot height clearance and shall be provided according to A1?8"()):
Title 8 Administration
B. Supplemental to Off-Street Parking. Loading space required pursuant to this section shall be provided in addition to off-street parking spaces required under !"#$%&'())*H,-*,-.
0 to 20,000
0
20,000 to 49,999
1
50,000 to 99,999
2
Over 100,000
2 spaces plus one additional space for each additional 100,000 square feet or fraction thereof.
Title 10 LID Standards
Loading/Unloading Space Required
Title 11 Definitions
Gross Usable Floor Area ﴾in square feet﴿
Title 9 Subdivisions
Table 11. Required Loading Spaces
Draft Zoning Ordinance: February 15, 2012
115
Landscaping Title 6
Section 11.601.01 PURPOSE AND INTENT The purposes and intent of the landscaping and screening requirements of this title are to: A. Performance Standards. Minimize the transmission from one land use to another of nuisances associated with noise, dust, glare, and litter. B. Visual Pollution. Minimize visual pollution that may otherwise occur within an urbanized area. Minimal screening provides an impression of separation of spaces, and more extensive screening can entirely shield the visual effects of an intense land use from a less intense land use. C. Privacy. Establish a greater sense of privacy from visual or physical intrusion of intense land uses, the degree of privacy varying with the intensity of screening. D. Appearance. Establish aesthetically pleasing, functionally appropriate and sustainable landscaping design for the long-term enhancement of the appearance of development in the community.
Title 2 Districts & Uses
Generally
Title 3 Special Districts
Chapter 11.601
Title 4 Gen. Provisions
Title 6 LANDSCAPING
Title 1 Purpose & Scope
Table of Contents
Generally Chapter 11.601
The following specific site landscaping requirements as outlined in /012$"3())*G,-(Site Landscaping Requirements) are contained herein: 1. Parking Lot Landscaping (refer to !"#$%&'())*G,-*,)) 2. Loading, Storage, and Service Area Screening (refer to !"#$%&'())*G,-*,-)
Title 6 Landscaping
A. Application of Landscaping Requirements. The provisions of this title shall apply to residential developments with creation or development of 2 or more residential lots. The regulations contained herein do not apply to individual single family lots.
Title 7 Signs
Section 11.601.02 SCOPE
Title 5 Parking
E. Safeguards. Safeguard the public health, safety and welfare, and preserve and enhance aesthetic qualities that contribute to community character.
4. Right-of-Way Landscaping (refer to !"#$%&'())*G,-*,.) 5. Landscaping of Yards in Nonresidential Districts (refer to !"#$%&'())*G,-*,H)
Title 8 Administration
3. Stormwater Management Facility Landscaping (refer to !"#$%&'())*G,-*,+)
Title 11 Definitions
B. Timing of Installation. Wherever in this ordinance a greenbelt, planting and/or material is required, the landscaping shall be planted prior to the issuance of any temporary or final certificate of occupancy and shall thereafter be reasonably maintained consistent with the intent of the approved landscaping plans. If it is not possible to install the landscaping prior to the certificate of occupancy, a performance guarantee shall be posted consistent with ,.
Title 10 LID Standards
In addition to the above Site Landscaping requirements, this title also includes Screening and Buffering standards (/012$"3())*G,+),Buffer Requirements (!"#$%&'())*G,+*,)), and Standards for Landscape Materials (/012$"3())*G,.).
Title 9 Subdivisions
6. Entranceway Landscaping (refer to !"#$%&'())*G,-*,G)
Draft Zoning Ordinance: February 15, 2012
117
Title 6 Landscaping Chapter 11.601 Generally Table of Contents
Section 11.601.03 SUBMITTAL REQUIREMENTS All Landscape Plans shall be signed and sealed by a registered Landscape Architect, and shall include all of the information required by /012$"3())*J,+.
Title 1 Purpose & Scope
Section 11.601.04 DESIGN STANDARDS A. Visibility. Landscaping and screening materials shall be laid out in conformance with the requirements of !"#$%&'())*-,-*), and shall not conflict with visibility for motorists or pedestrian access.
Title 2 Districts & Uses
B. Plantings Near Utility Lines and Fire Hydrants. Required plant materials and screening shall be arranged to avoid conflicts with underground and overhead utility lines and access to or visibility of fire hydrants. The anticipated height at maturity of trees planted near overhead utility lines shall not exceed the line height above grade. (NOTE: add preferred plant list from Jim with text)
Title 3 Special Districts
C. Protection. Where pavement and landscape areas interface, concrete curbing or similar measures shall be provided to protect plants from vehicle encroachment.
Section 11.601.05 WALLS Title 4 Gen. Provisions Title 5 Parking
A. Generally. Walls required under this title shall have no openings for vehicular traffic or other purposes, except such openings as may be approved by the City. All walls required in this ordinance shall be constructed of decorative stone or brick. The height of the wall shall be measured from the prevailing grade of the land on the side of the wall facing the less intense use. Walls shall be erected on a concrete foundation which shall have a minimum depth of 42 inches below a grade approved by the Building Department and shall not be less than 8 inches wider than the wall to be erected.
Title 6 Landscaping
B. Substitution. A 6 foot tall decorative opaque vinyl fence or densely planted evergreen landscaping sufficient to form a living green wall with a minimum height of 6 feet may be permitted by the Planning Commission in lieu of a masonry wall when the characteristics of the two abutting uses would make such a substitution appropriate.
Section 11.601.06 IRRIGATION
Title 7 Signs
To assist in maintaining plant materials in a healthy condition, all landscaped areas (including lawns) shall be provided with an automatic, underground, or drip irrigation system, subject to the following: A. Waiver. The Planning Commission may approve an alternative form of irrigation for a particular site, or may waive this requirement upon determining that underground irrigation is not necessary for the type of proposed plant materials.
Title 8 Administration
B. Conservation. All automatic irrigation systems shall be designed to minimize water usage, and shall be shut off during water emergencies, periods of protracted rainfall, or water rationing periods. C. LEED Certification. The irrigation requirement may be waived by the reviewing authority if the project incorporates landscaping that will contribute points towards LEED certification or an equivalent rating system.
Title 9 Subdivisions
Section 11.601.07 LOCATION OF SCREENING
Title 10 LID Standards
Screening required under this Title shall be located directly adjacent to the lot line except where underground utilities interfere. Upon approval of the Planning Commission and when mutually agreeable to affected property owners, required screening may be located on the opposite side of an alley right-of-way when a nonresidential district abuts a residential district. The continuity of the required screening on a given block shall be a major consideration of the Planning Commission in reviewing such request.
Title 11 Definitions
118
Section 11.601.08 TREE REMOVAL Trees provided as replacement trees shall not count towards the requirements of this Title, however, trees to be preserved may be counted towards the minimum requirements in accordance with !"#$%&'())*G,.*,H.
City of Streetsboro
Landscaping Title 6
3. Residential Developments. All residential developments must post a performance bond (200% of estimated cost of landscaping) prior to the issuing of the first zoning certificate. B. Maintenance Bond. A maintenance bond in the sum of 25% of the estimated cost of landscaping (including irrigation) must be posted prior to the issuance of any certificate of occupancy (including temporary). The maintenance bond is held for a period 2 years, at the end of which time the City shall inspect the landscaping. Once inspection issues are addressed the unused balance of the maintenance bond will be released. For all residential developments the maintenance bond must be posted prior to the release of the performance bond. The maintenance bond shall be released as specified above.
Section 11.601.10 MAINTENANCE
Title 1 Purpose & Scope Title 2 Districts & Uses
2. Bond Type. If a performance bond is required it must be a cash bond or a corporate surety bond or irrevocable bank letter of credit in the full amount of the sum due, as determined by the City.
Title 3 Special Districts
1. Inspection, Bond Amount. Whenever a site plan requires any type of landscaping, the applicant may be required to post a performance bond prior to the issuance of a temporary or final certificate of occupancy to ensure the completion of landscaping (including irrigation). If the landscaping is not 100% complete when any certificate of occupancy is requested, the City will inspect the landscaping and determine the percentage of completion and a performance bond must be submitted to the City by the developer in the sum equal to twice the cost of the unfinished portion of the landscape work. The City shall have the authority to determine the percentage of completion and the bond amount required. If the landscaping is 100% compete and approved no performance bond shall be required.
Title 4 Gen. Provisions
A. Performance Bond.
Title 5 Parking
Section 11.601.09 PERFORMANCE GUARANTEE
Table of Contents
Generally Chapter 11.601
D. Landscape Plan; Recording, Violation. The approved landscape plan shall be considered a permanent record and integral part of the Site Plan Approval. Unless otherwise approved in accordance with the aforementioned procedures, any revisions to or removal of plant materials or non-compliance with the maintenance requirements of this Section will place the parcel in non-conformity with the approved Landscape Plan and be a violation of this Ordinance.
Title 7 Signs
C. Dead, Damaged, Diseased. All dead, damaged, or diseased plant material shall be removed immediately and replaced within 6 months after it dies or in the next planting season, whichever occurs first. For purposes of this Section, the planting season for deciduous plants shall be between March 1 and June 1 and from October 1 until the prepared soil becomes frozen. The planting season for evergreen plants shall be between March 1 and June 1. Plant material installed to replace dead or diseased material shall be as close as practical to the size of the material it is intended to replace. The City shall notify property owners of the need to replace dead, damaged, or diseased material.
Title 8 Administration
B. Pruning. Pruning shall be minimal at the time of installation, only to remove dead or diseased branches. Subsequent pruning shall assure proper maturation of plants to achieve their approved purpose.
Title 9 Subdivisions
A. Neat, Orderly, Healthy. Landscaping shall be kept in a neat, orderly and healthy growing condition, free from debris and refuse.
Title 6 Landscaping
The owner of the property shall be responsible for all maintenance of site landscaping, as follows:
All landscaping shall be installed in a manner consistent with the standards of the American Association of Nurserymen, the approved site plan, and the following: A. Deadline for Installation. Installation of required screening and landscaping shall be completed prior to or at the time of completion of building construction, except when building construction is completed during the off-
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
Section 11.601.11 INSTALLATION
Title 10 LID Standards
E. Damage to Protected Trees; Fine. If trees are damaged, a fine shall be issued on an inch-by-inch basis at a monetary rate as defined by an arborist, as determined by the City.
119
Title 6 Landscaping Chapter 11.601 Generally Table of Contents
season when plants cannot be installed, in which case the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season.
Title 1 Purpose & Scope
B. Extension. The City may extend the deadline to allow installation of required plant materials by the end of the next planting season, upon determination that weather conditions, development phasing, or other factors would jeopardize required plant materials and prevent their installation by the deadline specified in this Section. C. Performance Guarantee. Installation and maintenance bonds may be required. Refer to !"#$%&'())*G,)*,F, above.
Title 2 Districts & Uses
Section 11.601.12 MODIFICATION OF LANDSCAPE REQUIREMENTS
Title 3 Special Districts
Recognizing that a wide variety of land uses and the relationships between them can exist, and that varying circumstances can mitigate the need for landscaping, the Planning Commission may reduce or waive the screening and buffer zone requirements of this Title 6 and approve an alternative screening plan. The Planning Commission shall find that the following standards have been met whenever it modifies any landscaping requirement:
Title 4 Gen. Provisions
A. Character. The landscape/screening plan shall protect the character of new and existing residential neighborhoods against negative impacts such as noise, glare, light, air pollution, trash and debris, and hazardous activities. B. Compatibility. The alternate width and type of buffer zone and screening provided therein will ensure compatibility with surrounding and nearby land uses because:
Title 5 Parking
1. Scale, Bulk, etc.. The development is compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, building height, identified historical character, disposition and orientation of buildings on the lot and visual integrity.
Title 6 Landscaping
2. Preserve Natural Features. The site has natural existing vegetation and/or topography, natural bodies of water or wetland areas or other existing conditions which offer screening consistent with the standards set forth in this Title 6. The Planning Commission shall require the preservation of these natural features as a condition of site plan approval.
Title 7 Signs
3. Privacy; Minimize Negative Impacts. The arrangement, design and orientation of buildings on the site maximize privacy and isolate adjacent and nearby land uses from any potential negative impacts of the project.
Section 11.601.13 WAIVER OF REQUIREMENTS Title 8 Administration
The Planning Commission or official(s) approving the landscape and irrigation plans may waive or reduce the requirements of this Title upon determining that the following would apply: A. Purpose. The purpose of this Title cannot be met; and
Title 9 Subdivisions
B. Health, Safety, Welfare. Safeguard the public health, safety and welfare, and preserve the aesthetic qualities and enhance the community character.
Title 10 LID Standards Title 11 Definitions
120
City of Streetsboro
Landscaping Title 6
2. Terminal Landscape Islands. Terminal landscape islands shall be provided at the end of each row of parking spaces to separate parking from adjacent drive aisles. Terminal islands shall be curbed, and shall be at least 144 square feet in area and 18 feet long for each single row of parking spaces. Each landscape island shall have a minimum of one shade tree. The Planning Commission may waive the requirement for terminal landscape islands in the interest of meeting barrier free requirements. 3. Interior Landscape Islands. Interior landscape islands shall have a minimum area of 160 square feet and a minimum width of 8 feet (measured from the back of curb). Each interior landscape island shall have a minimum of one deciduous shade tree unless waived by the Planning Commission consistent with !"#$%&'())*G,)*)+. 4. Divider Medians. Parking lot divider medians with a minimum width of 8 feet (measured from the back of curb) may be used to meet interior landscape requirements and shall form a continuous strip between abutting rows of parking. One shade tree or 2 ornamental trees shall be required for each 25 lineal feet of divider median or fraction thereof. Shrubs shall be planted to form a continuous hedge the full length of divider medians which separate parking areas from access drives. 5. Parking Space and Interior Landscape Area. 2 feet of interior landscape area (except parking lot divider medians) may be part of the minimum depth of each parking space required by !"#$%&'())*H,+*,) of this Ordinance. Wheel stops or curbing shall be installed to prevent vehicles from encroaching more than 2 feet into any interior landscape area. If a landscape area is used for parking overhang, at least 2 feet of clear area planted with lawn or covered with mulch shall be provided where cars will overhang the curb to protect landscape plantings from damage. B. Perimeter Landscaping. Perimeter landscaping shall be provided along the edge of any parking lot facing and located within 100 feet of a public right-of-way, unless, in the opinion of the Planning Commission, the parking lot will be sufficiently screened from view by buildings or other site features or improvements. Parking lot perimeter landscaping shall comply with the following standards: 1. Minimum Required. Perimeter parking lot landscaping shall include a minimum of one deciduous shade tree per each 35 linear feet or fraction thereof and one ornamental tree per every 35 linear feet or fraction thereof. 2. Additional Requirements Closer to Right-of- Way. Wherever a parking lot or vehicle parking space is located within 20 feet of a public street or right-of-way, the perimeter landscaping shall also include a continuous hedge of deciduous or upright evergreen shrubs planted not more than 30 inches on center and located between the parking area and the street.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
1. Vehicle Use Area; Thresholds. Interior landscaping areas equivalent to 5% of the vehicle use area shall be required in all parking lots of 25 spaces or more. One deciduous shade tree shall be required for each 150 square feet of required interior landscape area. The vehicle use area includes all areas used for vehicular circulation and parking.
Title 6 Landscaping
A. Interior Landscaping. Interior landscaping shall be provided within the boundaries of the parking lot unless otherwise approved by the Planning Commission. If interior landscaping is provided along the perimeter of the parking lot, it shall be in addition to the perimeter landscaping requirements.
Title 7 Signs
Recognizing that the preservation or installation of vegetative cover in parking lots promotes health, safety and 9-/-023%*-3"20-%6>%2+,+/9%+/%$5-%1$26+3+S2$+#/%#"%$5-%-/8+0#/<-/$(1%-.#3#9+.23%6232/.-%6>%.#/$0ibuting to the process of air purification, ground water recharge, and storm water runoff retardation while at the same time aiding in noise, glare and heat abatement, the following requirements for the landscaping of parking areas are enacted:
Title 8 Administration
The development of land for parking lot purposes alters natural topography, disturbs existing vegetation and creates impervious surface, all of which can have a negative effect on the ecological balance of an area by causing increases in air temperature and accelerating the processes of runoff, erosion, and sedimentation.
Title 9 Subdivisions
Section 11.602.01 PARKING LOT LANDSCAPING
Title 10 LID Standards
Site Landscaping Requirements
Title 11 Definitions
Chapter 11.602
Table of Contents
Site Landscaping Requirements Chapter 11.602
121
Title 6 Landscaping Chapter 11.602 Site Landscaping Requirements Table of Contents
C. Curbing Required. All landscaping and perimeter screening shall be protected from vehicle encroachment with concrete curbing or similar permanent means.
Title 1 Purpose & Scope
D. Snow Storage Area. Adequate snow storage area shall be provided within the site. Plant materials in snow storage areas shall be hardy, salt-tolerant groundcovers characterized by low maintenance requirements.
Section 11.602.02 LOADING, STORAGE, AND SERVICE AREA SCREENING
Title 2 Districts & Uses
Vehicle use areas, service areas and loading areas, and dumpsters, compactors and similar refuse-related elements shall be screened from adjacent residential areas and from the public right-of-way. Such screening may be accomplished by a masonry wall, building wing wall, or densely planted landscape buffer, or other means acceptable to the Planning Commission.
Title 3 Special Districts
Section 11.602.03 STORMWATER MANAGEMENT FACILITY LANDSCAPING Where any storm water management facility such as a swale, rain garden, or bio-retention element is provided, it shall comply with the following requirements:
Title 4 Gen. Provisions
A. Natural Configuration. Facilities shall be incorporated into the natural topography to the greatest extent possible. Where this is not practical, the facility shall be shaped to emulate a naturally formed or free form depression. The facility edge shall consist of sculptured landforms to filter and soften views of the facility. B. Fencing. Storm water management facilities shall be designed to avoid the need for perimeter fencing. Where such fencing is necessary, the location and design shall be subject to Planning Commission approval.
Title 5 Parking
C. Native Plantings. Facilities shall be planted with a mixture of groundcover and wetland-based plantings native to Ohio, such as native grasses or wildflowers. D. Buffer. A perimeter greenbelt buffer shall be provided in accordance with !"#$%&'())*G,+*,) and the following:
Title 6 Landscaping
1. Clustering; Location of Plantings. Plantings shall be clustered around the facility to achieve a variety of plant materials and to replicate a natural environment. Deciduous shade trees shall be clustered around the south and west sides of the facility to provide shade and minimize solar heating of the water.
Title 7 Signs
2. Freeboard; Maintenance. Trees shall be planted above the freeboard line of the facility. Any plantings proposed below the freeboard line shall be tolerant of wet or moist soil conditions. The location of plant materials shall take into consideration the need to provide access for routine facility maintenance.
Title 8 Administration
Section 11.602.04 RIGHT‐OF‐WAY LANDSCAPING Public rights-of-way and other public open-space areas adjacent to required landscaped areas and development sites shall be landscaped in a manner that enhances the visual character of City streets and minimizes adverse impacts of vehicular traffic on adjacent uses. Right-of-way landscaping shall be subject to the following:
Title 9 Subdivisions
A. Street Trees. Street tree plantings shall be required for all development projects adjacent to or along the margins of street rights-of-way in the City, subject to the following: 1. Type and Quantity. Street trees shall consist of deciduous shade trees planted at a minimum concentration of one street tree per 35 linear feet of right-of-way. Required trees may be planted at regular intervals or in groupings.
Title 10 LID Standards
2. Existing Street Trees. Existing trees in good condition and of a desirable species located near or within street rights-of-way shall be preserved where feasible, and be counted toward the street tree planting requirement should the existing trees be 4 inches in caliper or greater.
Title 11 Definitions
3. County or State Rights-of-Way. Permits may be required by the Portage County Engineer or Ohio Department of Transportation for installation of street trees within rights-of-way under their jurisdiction. Where such plantings are not permitted within the right-of-way, required street trees shall be planted within the front yard setback area, or at an alternative location approved by the City.
122
City of Streetsboro
Landscaping Title 6
E. Corner Clearance. Right of way landscaping shall comply with the corner clearance requirements of !"#$%&'( ))*-,-*),.
Section 11.602.05 LANDSCAPING OF YARDS IN NONRESIDENTIAL DISTRICTS Any portion of a front, side or rear yard not utilized for storage, parking, loading or unloading shall be planted with bushes, trees, lawn, etc. in conformance with this ordinance and maintained in a neat condition.
Section 11.602.06 ENTRANCEWAY LANDSCAPING
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
In all residential districts, so called entranceway structures, including but not limited to walls, columns, gates, and landscaping that mark entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in !"#$%&'())*-,-*), (Clear Vision Areas), provided that such entranceways shall comply with all codes and ordinances of the City of Streetsboro and shall be approved by the City. Entranceway landscape areas shall be located in established landscape easements and may not be part of any individual lot.
Title 2 Districts & Uses
D. Maintenance of Right-of-Way Landscaping. Right-of-way landscaping shall be maintained by the owner of the abutting lot(s), including any irrigation of the right-of-way.
Title 3 Special Districts
C. Groundcover Plantings within Street Rights-of-Way. Street rights-of-way shall be irrigated and sodded with lawn grasses.
Title 4 Gen. Provisions
B. Ornamental Trees. Ornamental trees shall be required along street frontages for all development projects in the City. One ornamental tree shall be planted for every 30 lineal feet of right-of-way frontage. Ornamental trees may be clustered or planted at regular intervals.
Table of Contents
Site Landscaping Requirements Chapter 11.602
Draft Zoning Ordinance: February 15, 2012
123
Title 6 Landscaping Chapter 11.603 Screening and Buffering Table of Contents
Screening and Buffering
Chapter 11.603
Title 1 Purpose & Scope
Section 11.603.01 BUFFER REQUIREMENTS
Title 2 Districts & Uses
Buffers or greenbelts and obscuring walls or fencing are intended to mitigate any potential negative impacts that a proposed land use may have on neighboring land uses, or to obscure unsightly items or areas from view off the site. The buffer or greenbelt is a designated unit of yard or open space together with any plant materials, barriers and screening designed to minimize negative impacts of adjacent land uses. Both the amount of land and the type and amount of landscaping specified are intended to minimize potential nuisances such as noise, glare, dirt, litter, unsightly areas and similar impacts.
Title 3 Special Districts
These buffer requirements are designed to be flexible. A single standard applied to all circumstances may not function as well and might impose unnecessary difficulties on development and lead to monotony. It is the intent of the following provisions to provide flexibility to the developer or property owner through the manipulation of 4 basic elements: distance, plant material type, plant material density and structural or land forms.
Title 4 Gen. Provisions
Buffers shall be required as indicated in Table 13 on Page 126. Such buffers shall be provided along site perimeters without road frontage, except to permit driveways or other necessary site improvements. A. Buffer Requirements. Table 12 lists the minimum amount of plant material required in each buffer type. Table 12 lists only the minimum requirement, and nothing shall prevent a property owner from providing additional landscaping. Landscaping required by Table 12 may be planted in clusters at appropriate locations within the buffer or spaced regularly throughout the buffer, provided that the landscape plan meets the intent of the buffer type listed in subsection 0, above.
Title 5 Parking
Table 12. Buffer Minimum Development Standards Title 6 Landscaping
Buffer Type A Buffer Yard Minimum Width
B
﴾3﴿
C
﴾3﴿
20
﴾1﴿
D
﴾3﴿
﴾3﴿
Title 7 Signs
6
10
N/A
N/A
8
﴾2﴿
8
Deciduous Trees ﴾per 100 lineal feet﴿
1.5
2
2
﴾2﴿
2.5
﴾2﴿
2.5
1.5
﴾2﴿
1.5
﴾2﴿﴿
Ornamental Trees ﴾per 100 lineal feet﴿
‐‐
‐‐
1.5
Evergreen Trees ﴾per 100 lineal feet﴿
1.5
3
4
﴾2﴿
6
﴾2﴿
Title 8 Administration
Berm Height
﴾3, 4﴿
4
4
‐‐
‐‐
‐‐
25
E
Buffer Yard Minimum Width ﴾with wall﴿
Shrubs ﴾per 100 lineal feet﴿
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
124
﴾3﴿
﴾2﴿
50 10
﴾2﴿
5
﴾2﴿
6
8
﴾2﴿
10
‐‐
6 ft.
Footnotes to Table 12: 1. Residential Buffers. All required buffers within residential developments must be placed within defined landscape buffer easements and may not be part of any individual residential lot. 2. Screening Wall. Where a screening wall is required, either a masonr>%#0%2%,-/1-3>%732/$-,%D90--/E%*233% may be used at the discretion of the Planning Commission after taking into account specific conditions on and adjacent to the site. Screening walls shall comply with the following requirements: a. ]3""'(C188(:"c7%3"E"'$5. Where a green wall is proposed, the plantings comprising the green wall shall be of a sufficient size and spaced on-center such that they will be sufficient to form an opaque screen to a height of 6 feet within 3 years of planting. The evergreen and shrub planting requirements of Table 12 shall be disregarded when a green wall is proposed, as the green wall plantings will serve the same purpose as the evergreen and/or shrub planting requirements. b. W15&'3>(C188(:"c7%3"E"'$5. All masonry screen walls shall be a minimum of 6 feet in height, consist of decorative masonry or natural materials such as brick or stone, and capped with a stone or concrete cap. The color and material shall be coordinated with the materials of the
City of Streetsboro
Landscaping Title 6
3. Existing Vegetation. The berm or planting requirements may be waived or modified by the Planning Commission if existing vegetation will provide an equal or greater screen than that required by Table 12. If existing vegetation is removed or damaged during construction, buffer plantings shall be provided in accordance with the requirements of Table 12.
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
4. Berms. Earth berms required under this Ordinance shall consist of raised earth with side slopes of 3:1 or flatter with a 4-foot-wide flat or slightly rounded crest contoured to the side slopes to facilitate maintenance. Berms shall be covered with grass or other ground cover to prevent erosion.
Title 2 Districts & Uses
c. L1'65#12%';(C%$0(1(W15&'3>(C188. Where a masonry wall is proposed, no evergreen trees are required. Instead, additional deciduous trees and shrubs shall be provided at the rate of 0.5 deciduous trees and 2 shrubs for each evergreen tree that would otherwise be required in the buffer yard. These additional deciduous trees and shrubs are in addition to the deciduous trees and shrubs otherwise required in the buffer yard.
Title 3 Special Districts
principal building. The maximum height of screening walls shall be as required by !"#$%&'( ))*.,)*,H*I.
Table of Contents
Screening and Buffering Chapter 11.603
Draft Zoning Ordinance: February 15, 2012
125
Title 6 Landscaping Chapter 11.603 Screening and Buffering Table of Contents
B. Buffer Descriptions and Requirements. The following is a description of the intended character and function of each buffer type. The specific requirements for each buffer type are listed in subsection A above, and the type of buffer required between land uses is listed in subsection C below.
Title 1 Purpose & Scope
1. Type A: Intended to separate uses, provide vegetation in densely developed areas, and to enhance the appearance of individual properties. 2. Type B: Low density screening to partially block visual contact between zoning classifications.
Title 2 Districts & Uses
3. Type C: Medium density screen to partially block visual contact between zoning classifications and to create spatial separation. 4. Type D: Medium-high density screen intended to substantially block visual contact between zoning classifications and create spatial separation. Must form an opaque screen to a height of 6 feet within 3 years of planting.
Title 3 Special Districts
5. Type E: High density screen intended to substantially block visual contact between zoning classifications and create spatial separation. Type E planting buffers reduce light and noise trespass that would otherwise intrude upon adjacent zoning classifications. Must form an opaque screen to a height of 8 feet within 3 years of planting.
Title 4 Gen. Provisions
C. Required Buffer Types. The following Table 13 identifies required buffer types. The following buffer types are required along the rear and side yards of a development zoning district adjacent to the rear or side yard of an adjoining zoning district.
Table 13. Required Buffer Types Title 5 Parking
Developing Zoning District
Title 6 Landscaping
Adjoining Zoning District
O‐C
R‐R
R‐1
R‐2
R‐3
R‐4
R‐G
O
B‐N
B
B‐R
D
I‐1
O‐C
‐‐
A2
A2
A2
C2
A
A
C2
C2
C2
C2
C2
E
R‐R
2
‐‐
2
2
2
A
2
2
2
2
2
E
2
2
‐‐
2
E
2
2
‐‐
R‐1 R‐2
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
126
1
A A
2
A
A
A
‐‐
1,3
C
2
C
2
A A
A
C
2
C
C
2
C
C
2
C
C
2
C
C C
2
2
2
2
2
C
A
A
C
C
C
C
C
E
R‐3
A
A
2
A
2
A
‐‐
A
A
C
B
B
C
C
E
R‐4
A
A
A
A
C
‐‐
‐‐
C
D
D
C
C
E
R‐G
A
A
A
A
C
‐‐
‐‐
C
D
D
C
C
E
2
2
2
2
B
C
C
‐‐
A
A
A
A
D
2
B
C
C
‐‐
‐‐
‐‐
A
A
D
2
B
C
C
‐‐
‐‐
‐‐
‐‐
‐‐
D
2
B‐N B B‐R
2
A
2
A
2
A
A
2
A
2
A
2
A
A
1,3
2
A
A
1,3
2
O
A
1,3
A
2
A
2
A
2
A
A A A
B
C
C
‐‐
‐‐
‐‐
‐‐
‐‐
D
D
2
A
2
A
2
A
A
2
A
B
C
C
‐‐
‐‐
‐‐
‐‐
‐‐
D
I‐1
A
A
A
A
B
B
B
B
B
B
B
B
‐‐
Interstate or State Route4
C
C
C
C
C
C
C
C
C
C
C
‐‐
D
Footnotes to Table 13: 1. Landscape requirements apply only to subdivision or condominium development in one family residential zoning districts. The buffer yard may be accommodated on or within lots, and need not be provided in a separate landscape area. 2. The Planning Commission may require a 6 foot tall decorative masonry screen wall in addition to the landscape requirements.
City of Streetsboro
Landscaping Title 6
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Title 2 Districts & Uses
4. In respect to the designation of Interstates 80 and 480 and State Routes 43, 303, and 14, such designations are not zoning districts. It is intended that the buffer and screening shall be for development in any zoning district with frontage along an interstate or state route where the rear yard faces the street right of way.
Title 1 Purpose & Scope
3. Where the rear yard of lots or units in a plat or condominium face a perimeter road, a minimum 8 foot tall opaque screen shall be provided along the entire length of frontage. Such screen may be provided by preserving existing vegetation and/or by additional plantings.
Table of Contents
Screening and Buffering Chapter 11.603
Draft Zoning Ordinance: February 15, 2012
127
Title 6 Landscaping Chapter 11.604 Standards for Landscape Materials Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
128
Chapter 11.604
Standards for Landscape Materials
All plant materials shall comply with the following standards:
Section 11.604.01 GENERAL Whenever a landscape planting screen or other plantings are required under this Ordinance, such plantings shall be installed according to accepted good planting procedures and in a sound, workmanlike manner. All plant material shall meet current standards of the American Association of Nurserymen and approved by the American National Standards Institute, Inc. (ANSI 260.1, 1996). A. Names. All plant material shall be true to name in conformance to the current edition of Standardized Plant Names established by the American Joint Committee on Horticultural Nomenclature, or other source accepted by the City. B. Native. All plant material shall be nursery grown in a northern climate; hardy to the climate of Ohio; appropriate for the soil, climatic and environmental conditions; and resistant to disease and insect attack. C. Topsoil Depth. A minimum 4 inches of topsoil shall be provided for all lawn areas, ground covers, and planting beds. D. Artificial Plants Prohibited. Artificial plant material is prohibited and shall not be used to meet the requirements of this Title.
Section 11.604.02 GROUNDCOVERS The following shall apply to all groundcover materials: A. Lawn Areas. Lawn areas shall be planted in species of grass normally grown as permanent lawns in Ohio. Grass may be sodded or hydro-seeded, provided that adequate measures are taken to minimize soil erosion. Sod or seed shall be clean and free of weeds and noxious pests or disease. B. Lawn Area Mulch. A minimum 4-inch layer of shredded hardwood bark shall be placed in all planter beds containing trees or shrubs and around the base of all trees planted within lawn areas (mulch shall cover the entire planting pit width). To aid in maintenance operations all shrubs planted within lawn areas are to be planted in groups and mulched as a group, and hedgerows are to be mulched as one continuous strip. C. Groundcover Mulch. Live groundcovers such as myrtle (Vinca minor), blue rug junipers (Juniperus horizontalis !Q+3$#/++():%I23$+.%+8>%&X-,-02%5-3+C%!I23$+.2(:%@2.5>12/,02%&@2.5>12/,02%$-0<+/23+1)%2/,%#$5-0%1+<+320%8+/-1%2/,% plant material shall be mulched with a 2-inch layer of shredded hardwood bark. Any deviations must be approved by an arborist, as determined by the City, or Planning Commission.
Section 11.604.03 PERMITTED LANDSCAPE MATERIALS Landscape materials used to satisfy the requirements of this title shall be common to the area and suitable for their intended use. Species native to northeast Ohio are encouraged. The Planning Department will maintain on file a list of prohibited plant materials that may not be used to satisfy the requirements of this title. Due to the required minimum size of landscape materials at installation (see A1?8"().) and the general negative impacts of bare root on the health of mature shrubs and trees, bare root stock of any kind is not permitted.
Section 11.604.04 PLANT MATERIAL SPACING Spacing of plant materials required under this Title shall be as follows: A. Property/Fence Line. Plant materials shall not be placed closer than 4 feet from the fence line or property line. B. Curb or Public Walkway. Deciduous trees and all shrubs may not be planted within 5 feet, and evergreen trees may not be planted within 10 feet of any a curb or public walkway.
City of Streetsboro
Landscaping Title 6
B. Inspection. The Planning Commission may require City inspection of existing plant materials prior to or as a condition of site plan approval to determine the health and desirability of such materials. Such inspections shall be performed by the City or by a certified arborist or similar qualified consultant. The cost associated with any such inspection(s) shall be borne by the applicant. C. Prior Approval. Where plant materials are to be saved, prior approval shall be obtained by the property owner from the City prior to any delimbing, root pruning, or similar work. D. Protective Fencing. Protective fencing shall be placed at the drip-line of existing trees, and around the perimeter of other preserved plant materials, with details of protective measures noted on the site plan. No vehicle or other construction equipment shall be parked or stored within protected areas. E. Replacement. In the event that healthy plant materials which are intended to meet the requirements of the Ordinance are cut down, damaged or destroyed during construction, said plant material shall be replaced with an equivalent species to the damaged or removed tree. Replacement trees shall be provided at the ratio of 1 replacement tree for each 6 inches of tree destroyed (measured in caliper-inches at a height of 4.5 feet above grade), unless otherwise approved by the City based on consideration of the site and building configuration, available planting space, and similar considerations. F. Transplanting Prohibited. Transplanting of trees within the site is prohibited without the prior approval of the Planning Commission. If such trees are transplanted, their actual replacement value must be calculated and 200% of the replacement value must be included in the maintenance bond required by ,.
Section 11.604.06 SIZE AND VARIETY OF PLANT MATERIALS
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 11 Definitions
Title 10 LID Standards
A. Variety; Size. To ensure adequate variety, and to avoid monotony and uniformity within a site, required plant materials shall not include more than 20% of any single plant species, and shall comply with the following schedule for minimum sizes at planting:
Title 4 Gen. Provisions
A. Inventory. Site plans shall show all existing trees which are located on the portions of the site and on portions of adjacent sites within 20 feet of the site that will be built upon or otherwise altered, and are 6 inches or greater in caliper, measured 4.5 feet above grade. Trees shall be labeled "To Be Removed" or "To Be Saved" on the site plan, with tree species and caliper noted for trees to be saved. Only trees 6 inches in caliper or greater may be used to satisfy any landscaping requirement of this ordinance.
Title 5 Parking
Healthy existing trees on a site may be used to satisfy any of the requirements of this title, subject to Planning Commission approval based on the following standards.
Title 6 Landscaping
Section 11.604.05 EXISTING VEGETATION
Title 7 Signs
E. Hedgerows. Where shrub plantings are required to form a continuous hedge or used for screening purposes, the plants shall not be spaced more than 36 inches on center at planting, and shall have a minimum height and spread of 30 inches at planting. Shrubs that will not attain sufficient width to form a complete hedge spaced 36 inches on center shall be planted at a spacing that will allow them to form a complete hedge within 2 years of planting.
Title 8 Administration
D. Staggered Rows. Where plant materials are planted in 2 or more rows, planting shall be staggered in rows.
Title 9 Subdivisions
C. Fire Hydrant. Trees and shrubs may not be planted within 10 feet of a fire hydrant.
Table of Contents
Standards for Landscape Materials Chapter 11.604
Draft Zoning Ordinance: February 15, 2012
129
Title 6 Landscaping Chapter 11.604 Standards for Landscape Materials Table of Contents
Table 14. Plant Material Requirements
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Screening Materials
Minimum Size at Installation
Deciduous Shade Trees
3 caliper‐inches*
Evergreen Trees
10 feet height and 5 feet spread
Deciduous Ornamental Trees
2 caliper‐inches* or 6 feet overall height
Shrubs
30 inches in height, 24 inches in spread when used for screening or buffering purposes, or 3 gallon container size when used for other purposes
Groundcovers
Shall be from flats
*Caliper-inches measured 12 inches above grade.
Title 4 Gen. Provisions
B. Modifications. The City may approve modifications from Table 14 for appropriate landscape materials that do not meet the above minimum size requirements or are not readily available at landscape supply yards in the required size. If smaller materials are approved the difference for the smaller materials shall be compensated with additional material being provided. In approving such a modification, the City shall determine that the substituted plant material size will meet the intent of this Title, and that providing a landscape material that meets the above size requirements is impractical or not feasible
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
130
City of Streetsboro
Signs Title 7
The sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve among others the following purposes: A. Aesthetics; Property Values. Enhance and protect the physical appearance of the community and to protect and enhance property values; B. Attractiveness. Promote and maintain visually attractive, residential, commercial, industrial and other use districts; C. Public Safety. To ensure that signs are located and designed to reduce sign distraction and eliminate any confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment; D. Design. To control the design and size of signs to ensure that their appearance will be aesthetically harmonious with an overall urban design for the area; E. City Objective. To promote the most desirable developments and economic activity consistent with the objectives of the City of Streetsboro; F. Review Procedures. Provide review procedures that enable the City to comprehensively evaluate the appropriateness of a sign to the site, building and surroundings; and
Title 2 Districts & Uses
Section 11.701.01 1159.01 PURPOSE AND INTENT
Title 3 Special Districts
Generally
Title 4 Gen. Provisions
Chapter 11.701
Title 5 Parking
Title 7 SIGNS
Title 1 Purpose & Scope
Table of Contents
Generally Chapter 11.701
B. Sign Permit Application Requirements. A complete sign permit application shall consist of all of the following: 1. Application Form. An application form supplied by the Planning and Zoning Department that is filled out and signed by the person or entity that will own the sign and the person or entity who owns the property or their designee. 14 total (1 original and 13 copies) shall be provided drawn to scale showing all of the following: a. L&$. The location and dimensions of the property(1%6#;/,20>%3+/-1Y%
Title 7 Signs
A. Permit Required. To ensure compliance with this Title, all signs not exempt by /012$"3())*Q,+ of this Title shall obtain Planning Commission approval before securing a Zoning Certificate or a Building Permit to construct, alter, replace or move a sign.
Title 8 Administration
Section 11.701.02 1159.03 ADMINISTRATION
Title 6 Landscaping
G. Prohibition. Prohibit all signs not expressly permitted by this Title.
e. \887E%'1$%&'. The method of illumination, if any. For illuminated signs, the number and types of lamps and lens material and a statement that the illumination of each sign will comply with the provisions in !"#$%&'())*Q,)*,+. f. Z8"@1$%&'5. Elevations and specifications for proposed signs, including proposed landscaping. If a sign is proposed to be on a wall, then the entire wall that such sign will be attached to must be depicted showing the location of the sign and on said wall.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
d. O3&2&5"6(!%;'1;". The sign design and layout proposed, including total area of the sign(s), sign height, character, materials and color of letters, lines and symbols;
Title 11 Definitions
c. Z=%5$%';(!%;'1;". The location, dimensions, and description of all existing signage on the property;
Title 9 Subdivisions
b. I7%86%';5. The location of all buildings and structures on the lot;
131
Title 7 Signs Chapter 11.701 Generally Table of Contents
g. /&'5$37#$%&'(P"$1%85. Details and specifications for construction, erection and attachment as may be required by the Building Code. h. The name of the sign contractor or company responsible for construction of the sign.
Title 1 Purpose & Scope
i.
Other Information. All other information deemed pertinent by the Planning Director or designee thereof.
2. Fee. An application fee per Chapter 149; and
Title 2 Districts & Uses
C. Review Procedure 1. Transmittal and Considerations. The Director of Planning or Zoning Inspector shall forward the application and drawings to the Planning Commission for review to determine whether the proposed signage meets the standards, criteria, and furthers the purpose and intent of this Title. The Planning Commission shall also consider:
Title 3 Special Districts
a. The design, size, scale, shape, color, illumination, location and orientation of the sign in relation to the site and topography, other structures on the site, adjacent and neighboring land uses, sites and buildings;
Title 4 Gen. Provisions
b. The visual impact and influence of the proposed sign, in relation to and in conjunction with signs currently existing; and c. The requirements of this Ordinance governing the use, location, size and character of signs. 2. Review Type. Sign applications shall be reviewed as follows:
Title 5 Parking
a. !7?["#$($&(!%$"(O81'(:"@%"B. Any sign that will be accessory to a principal use which is subject to Site Plan review shall be reviewed and acted upon as part of that Site Plan review process and shall be reviewed and acted upon separately;
Title 6 Landscaping
b. 4&$(!7?["#$($&(!%$"(O81'(:"@%"BV(!%;'(O"3E%$(Y228%#1$%&'(R'8>. Any sign that will be accessory to any principal use that is not subject to Site Plan approval shall be processed and acted upon as follows: i.
A sign permit application will not be placed on a Planning Commission agenda until a complete sign permit application, as outlined in !"#$%&'())*Q,)*,-*I, above, has been submitted;
Title 7 Signs
ii. A complete sign permit application must be submitted at least 30 calendar days prior to the regular Planning Commission meeting at which the applicant wishes to be heard; iii. No public hearing shall be required; iv. No written notice of the application or associated action shall be required;
Title 8 Administration
v. The Planning Commission shall consider the application at the next regularly scheduled meeting of the Planning Commission at which a quorum is present. c. Y6E%'%5$31$%@"(:"@%"B. The Director of Planning shall administratively review the following signs: i.
Name plates for residential uses;
Title 9 Subdivisions
ii. Temporary signs; iii. Maintenance of existing signs in accordance with !"#$%&'())*Q,)*),. D. Effective Date; Certificates and Permits. No applicant action shall take place on a sign application until all of the following have occurred:
Title 10 LID Standards
1. Planning Commission/Director of Planning Approval. The Planning Commission, Director of Planning or designee thereof has approved the application; 2. Notice of Action. Written Notice of Action has been received; and 3. Zoning Certificate Issued. The Director of Planning has issued a Zoning Certificate.
Title 11 Definitions
132
No Building or other permits shall be issued until all of the above have occurred.
City of Streetsboro
Signs Title 7
Section 11.701.03 1159.06 ILLUMINATION OF SIGNS A. Shielding; Glare Prohibited. All light sources to illuminate signs, internal or external, shall be shielded from all adjacent buildings and rights-of-way. Light sources shall not be of such brightness so as to cause glare hazardous to pedestrians or the motoring public or adjacent buildings and uses. B. Electronic Message Center Signs. See !"#$%&'())*Q,)*,J*I for maximum illumination and dimming requirements. C. External Illumination of Signs. All externally illuminated signs shall comply with the following standards. 1. External illumination of signs shall be limited to one fully-shielded light fixture per sign face with a maximum 150 watt lamp. 2. Such fixture shall be mounted above the sign face with all light directed downward and concentrated on the area of the sign. No externally illuminated sign shall be up-lit or utilize light directed upwards from the ground towards the sign face.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
H. Appeal. Any applicant has the right to appeal the Zoning Inspector, Director of Planning, or Planning Commission(1%decision, as may be applicable, by filing a notice of appeal with the Board of Zoning Appeals within 20 days of receipt of a notice of denial.
Title 4 Gen. Provisions
G. Denial. In the event that the Zoning Inspector, Director of Planning, or Planning Commission, as may be applicable, denies a sign permit application, the applicant shall be provided written notification of denial. Such written notification shall outline the reasons for denial and include applicable references to code sections that must be complied with in order to secure application approval.
Title 5 Parking
F. Removal. When any sign is removed for any reason other than maintenance (repair, refurbishing or repainting), all mast arms, guys of any nature, clips, brackets, and all other components of the removed sign shall be removed with the sign. A new Zoning Certificate and associated sign review shall be required for any subsequent installation of a sign, including but not limited to reinstallation of the removed sign.
Title 6 Landscaping
E. Amendments. Modifications proposed for any sign that has received Planning Commission or Administrative approval, whether installed or not, must be approved by the Commission or Director of Planning or designees as may be applicable, pursuant to the procedures set forth in this Section.
Table of Contents
Generally Chapter 11.701
4. Such fixtures shall prevent glare upon adjacent properties, rights-of-way or sidewalks so as to not cause glare or reflection that may constitute a traffic hazard or nuisance.
Title 7 Signs
3. Illuminated signs or lighting devices shall employ only a light of constant intensity.
1. Internal illumination of signs is permitted in all nonresidential districts. 2. The source of light shall not be visible from the street or adjacent property.
Title 8 Administration
D. Internal Illumination. All internally illuminated signs, except Electronic Message Center Signs, shall comply with the following standards:
F. Maximum Illumination. In no case shall any sign illumination, whether internally or externally illuminated, exceed a level of illumination of 0.07 foot candles when measured from the nearest or adjacent residential zoned property or use. G. Signs Adjacent to Residential Districts. Illuminated signs located within 500 feet of a residential district or use and which are visible from such residential district or use shall be turned off no later than 11:00 P.M. each night. H. Home Occupations. No sign shall be illuminated when accessory to a home occupation.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
E. Temporary Sign Illumination Prohibited. No temporary signs shall be illuminated or have the potential to be illuminated.
Title 11 Definitions
4. Such fixtures shall prevent glare upon adjacent properties, rights-of-way or sidewalks so as to not cause glare or reflection that may constitute a traffic hazard or nuisance.
Title 9 Subdivisions
3. Illuminated signs or lighting devices shall employ only a light of constant intensity.
133
Title 7 Signs Chapter 11.701 Generally Table of Contents
Section 11.701.04 1159.07 COMPUTATION AND RULES OF MEASUREMENT A. Measurement of Sign Area. For the purposes of determining compliance with the sign area requirements of this Title, sign area shall be calculated as follows:
Title 1 Purpose & Scope
1. Generally. Measurement of a sign includes the entire area within a rectangle enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. This excludes the necessary supports or uprights on which the sign is placed (refer to Figure 9 below).
Title 2 Districts & Uses
2. Air Under Ground and Between Projecting Sign. Air under a ground sign between supporting posts, air between a projecting sign and the wall to which it is attached, and lighting fixtures and associated brackets shall not be included in the calculation of sign area (refer to Figure 9 below).
Title 3 Special Districts
Figure 9: Calculation of Sign Area
Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
134
3. Sign Faces. Where a sign has 2 faces, the area of all faces shall be included in determining the area of the sign, except that where 2 such faces are placed back to back and are at no point more than 2 feet from one another, the area of the sign shall be taken as the area of one face if the 2 faces are of equal area, or as the area of the larger face if the 2 faces are of unequal area. No sign shall have more than 2 sign faces. 4. Sphere. In the case of a sphere, the total area of the sphere shall be divided by four to determine the maximum permitted sign area. 5. Number and Area of Signs. The number and area of building mounted signs in nonresidential districts shall be based on linear feet of building wall per !"#$%&'())*Q,.*,-I*-, !"#$%&'())*Q,.*,-/*), and !"#$%&'())*Q,.*,-/*-N. B. Sign Height. The height of a ground sign shall be measured from the base of the sign or the supporting structure at average grade to the top of the highest element. Average grade shall be: 1. The existing grade prior to construction; or 2. The newly established grade after construction. No filling, berming or mounding solely for the purpose of locating the sign shall be permitted.
City of Streetsboro
Signs Title 7
B. Signs in the public right-of-way. Only those signs maintained by the city, county, state, or federal governments may be located in, project into or overhang a public right-of-way or dedicated public easement. No permits shall be issued by the City for any nongovernment sign that will project over or into public right-of-way or dedicated public easements, except as otherwise provided herein.
Section 11.701.06 GENERAL STANDARDS A. Application; Conflict. The construction, erection, safety and maintenance of all signs shall be in accordance with the applicable City codes, rules or regulations. The provisions of this Title shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the City. Whenever there is a conflict between any provisions of any adopted ordinance, rule or regulation, the more restrictive provisions shall govern. B. Minimum Requirements. In their interpretation and application, the provisions of this Title, as most recently amended, shall be considered the minimum requirements. C. Conformance Required. Signs shall be designed, erected, painted, created, altered, reconstructed, moved and maintained in the City in accordance with the type, design, size, location, illumination and other provisions set forth in this Title. D. Construction Standards.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
A. Corner Clear Vision. No sign shall be allowed within the corner clear vision area. See !"#$%&'())*-,-*), and S%;73"()*((/8"13(T%5%&'(Y3"1.
Title 4 Gen. Provisions
Section 11.701.05 LOCATION STANDARDS FOR ALL SIGNS
Title 5 Parking
2. A building shall have only one building frontage except as follows. A building shall be considered to have 2 frontages whenever the lot fronts on 2 or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any building shall be considered its primary frontage, and only one additional wall shall be considered its secondary frontage.
Title 6 Landscaping
1. In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
Title 7 Signs
C. Building Frontage. For the purposes of this Title, the length of the building wall that faces a street or building wall that contains a public entrance to the uses therein shall be considered building frontage.
Table of Contents
Generally Chapter 11.701
3. Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground. 4. No temporary signs, except for Sandwich Board signs as defined by this Ordinance, shall have moveable lettering or lettering capable of being moved K5""(!"#$%&'())*Q,.*,J*/**)N
Title 9 Subdivisions
2. Permanent signs shall be fabricated on and of materials that are of good quality and good durability. Wood shall be treated to prevent deterioration. Letters, figures, and characters shall be securely attached to the sign structure.
Title 8 Administration
1. The construction, erection, safety and maintenance of all signs shall comply with all applicable City standards and regulations including but not limited to building, electrical, and fire codes.
F. Sign Specification Plate?%%G33%1+9/1%5-0-2"$-0%-0-.$-,%15233%.#/$2+/%2%ZE%C%PE%17-.+"+.2$+#/%732$-%+/,+.2$+/9%$5-% date of installation; the Zoning Certificate number, and the primary voltage and amperage of any electrical components in connection therewith.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
E. Accessory Use. A sign shall be accessory to the principal use of the lot on which the sign is located, and signs may only be located upon the property to which they pertain unless otherwise permitted by this Title.
Title 10 LID Standards
5. All building mounted signs shall be attached by means of metal anchors, bolts or expansion screws, and in no case shall any sign be secured with wire, strips of wood or nails.
135
Title 7 Signs Chapter 11.701 Generally Table of Contents
Section 11.701.07 1159.05 DESIGN STANDARDS
Title 1 Purpose & Scope
Signs, as permitted in the various zoning districts, shall be professionally designed, constructed and installed so as to be compatible in character with regard to the architecture of the building on which they are located, and to the materials, color and size of signs designed or located on the same building and on adjoining buildings in order to produce an overall unified effect in accordance with the standards set forth in this Section.
Title 2 Districts & Uses
A. Vertical Dimension. The lowest member of all signs which are supported or suspended from a building shall not be less than 8 feet above the finished grade of a sidewalk or other pedestrian way. If located over pavement used for vehicular traffic or within 18 inches of the vertical projection of the edges of such pavement, the lowest member of the sign shall not be less than 15 feet above the finished pavement.
Title 3 Special Districts
B. Relation to Traffic Devices. No sign shall be erected in a right-of-way, in proximity to railroad crossings, or at the intersection of any rights-of-way in such a manner as to obstruct sight lines along any public way; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign signal or device as defined in the Manual of Uniform Traffic Control Devices. H+9/1%8+1+63-%"0#<%$5-%1$0--$%15233%/#$%<24-%;1-%#"%$5-%*#0,1%D1$#7E:%D9#E:%D13#*E:%DlookE, DdangerE:% or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic.
Title 4 Gen. Provisions
C. Continuity. Signs and their placement shall be considered in relation to their surroundings and if seen in series on a building wall or walls, shall have continuity of design with respect to shape, materials and color. D. Style and Color. The style (or design) of a sign shall be consistent throughout a particular building or group of buildings. The colors of signs shall be compatible with the color of the building façade(s) and other existing and proposed signs.
Title 5 Parking
1. Sign Structure. Sign structures (i.e. wooden posts) used to support a sign face shall include decorative elements including but not limited to carving, finials, and textural elements. Bare, stained, painted or unfinished wood posts of any dimension shall be prohibited.
Title 6 Landscaping
E. Graphics. The lettering on a sign shall be clearly legible and in scale with the sign surface upon which it is placed. F. Materials. Signs shall be constructed of materials which are of appropriate quality and durability and which are compatible with the materials of the building upon which such signs are placed or accessory to. G. Smooth Sign Face. No nails, tacks or wires shall be permitted to protrude from the front of any sign.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
136
Section 11.701.08 CHANGEABLE COPY AND ELECTRONIC MESSAGE CENTER SIGNS A. Changeable Copy. Changeable copy area, including electronic message center signs, permitted for ground signs only, shall not exceed 20% per sign face, unless otherwise noted. B. Electronic Message Center Signs. Electronic message center signs, permitted for single tenant ground signs only, shall be conditionally permitted in all nonresidential districts and the R-G district only, subject to review by the Planning Commission. An electronic message center sign shall meet the following requirements: 1. Animation. Sign copy shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist or otherwise portray movement or animation. Streaming, scrolling, flashing, fading, and all other forms of computer generated animated copy shall be prohibited. 2. Frequency. Sign copy shall not change more frequently than once per 10 seconds. 3. Dimming. Any sign shall be equipped with and shall use photosensitive mechanisms to automatically adjust sign brightness and contrast based on ambient light conditions. 4. Illumination. Illumination levels shall not exceed 464.52 footcandles at its maximum brightness from dawn to dusk, and 116.13 footcandles at its maximum brightness from dusk to dawn. 5. Certification. Any Zoning Certificate application shall include a certification from the owner, operator, and/or manufacturer of the sign stating that: a. The sign shall at all times be operated in accordance with this Title, and
City of Streetsboro
Signs Title 7
Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure, and any sign permitted by this Title may contain a noncommercial message.
Section 11.701.10 1159.17 MAINTENANCE OF SIGNS All signs shall be maintained in accordance with the following: A. Building Code; Safety. The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all City Building Code requirements and the requirements of this Title. B. Removal for Repair or Similar Purposes. Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met: 1. There shall be no alteration or remodeling to the sign face, lettering (except as otherwise permitted for changeable copy), sign base, sign support(s) or the mounting of the sign itself. 2. There shall be no enlargement or increase in any dimensions of the sign or its structure.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Section 11.701.09 SUBSTITUTION
Title 4 Gen. Provisions
7. Color. Copy color shall be limited (to amber) or a single color as determined by the Planning Commission.
Title 5 Parking
6. Correction of Malfunctions/Defects. Any sign found by the Director of Planning to be in violation of this Title shall be turned off until such time as the Director of Planning determines that such sign is in conformance with this Title. The Director of Planning shall be provided with an on-call contact person and telephone number for every permitted Electronic Message Center Sign. In the event of malfunction or defect, the contact person must have the ability and authority to make modifications to the displays and lighting levels should the need arise. It shall be the responsibility of the permittee to maintain and provide accurate and current contact information to the Director of Planning.
Title 6 Landscaping
b. The owner, operator, and/or manufacturer shall provide proof of such conformance upon request of the City.
Table of Contents
Generally Chapter 11.701
Title 8 Administration Title 11 Definitions
E. Notice; Remedy. If the Director of Planning finds that any sign is unsafe, insecure, a menace to the public; or constructed, erected, or maintained in violation of the provisions of this Ordinance, notice shall be given in writing by the Director of Planning sent via certified mail, return receipt requested and first class mail to the property owner, occupant, tenant or other person responsible for the sign. The property owner, occupant, tenant or other person responsible for the sign shall, within 7 calendar days of the date of such notification, correct such condition or remove the sign. If the correction has not been made within 7 calendar days, the sign may be removed or altered by the City to comply with these regulations at the expense of the property owner, occupant, tenant or other person responsible for the sign. The Director of Planning may cause any sign, which, in the Ci$>(1%#7+/+#/:%.0-2$-1%2/%+<<-,+2$-%,2/9-0%$#%7-01#/1%#0%70#7-0$>%$#%6-%0-<#8-,% immediately and without prior notice.
Title 9 Subdivisions
D. Internal Illumination. If a sign, its letters or its message are designed and approved by a City-issued Zoning Certificate to be internally illuminated and the sign or any of its letters or message are only partially lit, all illumination of the sign shall be discontinued until the sign is repaired and properly illuminated as it was designed and approved in the Zoning Certificate for the sign.
Title 10 LID Standards
C. Removal Order; General. The Zoning Inspector may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supports, guys, braces and anchors for such signs shall be maintained in a safe condition, and it shall be unlawful for the owners or person having charge of such sign not to remove and repair said sign after receiving notice from the Director of Planning.
Title 7 Signs
3. The sign shall be accessory to a legally permitted, conditional or nonconforming use.
Draft Zoning Ordinance: February 15, 2012
137
Title 7 Signs Chapter 11.701 Generally Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
138
Section 11.701.11 1159.19 ABANDONED SIGNS Abandoned signs shall be subject to the following: A. Nuisance. Abandoned signs shall be deemed to be a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and a blighting influence on nearby properties. B. Date of Sign Abandonment. Whenever a sign is abandoned, the Director of Planning or designee shall first document the date of sign abandonment. C. Determination of Violation. An abandoned sign shall be considered a violation of this Ordinance only after the Zoning Inspector further documents that both of the following circumstances exist: 1. A period of not less than 180 consecutive days has elapsed since the date of sign abandonment; and 2. No Zoning Certificate has been issued during such period for the building, building unit and/or use associated with the abandoned sign. D. Removal Notice. An abandoned sign, including nonconforming sign support structures, appurtenances and internal sign components, shall be removed by the property owner, occupant, tenant or other person responsible for the sign or having the beneficial use of the building, structure or land upon which such sign is located within 30 days following written notice by the Director of Planning. Any such notice shall be served upon the property owner, occupant, tenant or other person responsible for the sign by personal service, certified mail service return receipt requested, certificate of mailing, or posting notice on the premises where the sign is located, provided that, where service has been refused, regular mail service shall be required. The timeframe for compliance shall commence from the date of such notification. E. Appeal. A party served with such notice shall have the right to appeal the Director of Planning(1%#0,-0%6>%"+3+/9% a notice of appeal with the Board of Appeals within 30 days of receipt of the notice. F. Removal by City. Upon failure to file a timely notice of appeal and failure to comply with such notice within the time specified in this Section, the Director of Planning shall be authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which such sign is located.
Section 11.701.12 1159.23 NUISANCE Any sign or other object placed, displayed, erected, constructed, reconstructed, illuminated, altered or permitted to remain on any premises in violation of this Ordinance and any sign heretofore erected, constructed or displayed without legal authorization is hereby declared to constitute a nuisance, and in addition to any penalty provided in the Codified Ordinances for such violation, the nuisance may be abated in the manner provided now or in the future by the statutes of Ohio or in the manner provided in !"#$%&'())*Q,)*)+.
Section 11.701.13 1159.24 REMOVAL OF SIGNS A. Nuisance Sign; Removal Process. The Director of Planning is authorized to order the removal or maintenance of any sign which constitutes a nuisance, besides abandoned signs, which shall conform to !"#$%&'( ))*Q,)*).. Any such order shall be served upon the owner in possession of the sign by personal service, certified mail service return receipt requested, certificate of mailing, or posting notice on the premises where the sign is located, provided that, where service has been refused, regular mail service shall be required. The timeframe for compliance shall commence from the date of such notification. B. Compliance. Whenever the removal of any permanent sign, excluding abandoned signs as defined by this Ordinance, has been ordered by the Director of Planning, the owner or person in possession of the premises, and/or the permit holder shall comply with such order within 14 days after notice is served upon him. Whenever the removal or maintenance of a temporary or portable sign has been ordered by the Director of Planning, the owner or person in possession of such sign shall comply with the order within 48 hours after notice. In the event of noncompliance, the Director of Planning may remove or cause to be removed or maintain such sign at the expense of the owner of such sign or the owner of the property on whose premises it was erected, affixed or attached, and such person shall be individually and separately liable for the expense incurred in the removal of such sign. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise ordered.
City of Streetsboro
Signs Title 7
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Title 2 Districts & Uses
Penalty. The erection or maintenance of a prohibited sign, the erection of signs without a Zoning Certificate, and/or the failure to remove a nuisance, abandoned or other sign for which the City has issued a Removal Notice/Order (see !"#$%&'())*),)*,)*Y Notice; Remedy; !"#$%&'())*Q,)*),*/ Removal Order; General; and !"#$%&'())*Q,)*))*P Removal Notice) or Notice of Violation (see !"#$%&'())*J,F*,)*Z) shall be punishable under the terms and provisions of !"#$%&'())*J,F*,-. Insert Penalty text as provided by the City Law Director upon receipt.
Title 1 Purpose & Scope
Section 11.701.14 1159.99 PENALTIES
Table of Contents
Generally Chapter 11.701
Draft Zoning Ordinance: February 15, 2012
139
Title 7 Signs Chapter 11.702 1159.21 Prohibited Signs Table of Contents
Chapter 11.702
1159.21 Prohibited Signs
Title 1 Purpose & Scope
Section 11.702.01 PROHIBITED SIGNS All signs not expressly permitted in this Title or exempt from regulation pursuant to this Title, shall be prohibited in the City. Prohibited signs include but are not limited to the following:
Title 2 Districts & Uses
A. Abandoned signs. B. Pole signs. C. Signs painted on buildings or sidewalks. No sign, except for murals (see !"#$%&'())*Q,+*,H) shall be painted on any brick, stucco, stone, masonry or other like surface of any building.
Title 3 Special Districts
D. Roof signs. E. Marquee signs.
Title 4 Gen. Provisions
F. Mobile signs, except those on licensed commercial delivery and service vehicles. Signs attached to or painted on vehicles and parked in a position and location with the primary purpose of displaying the sign shall be prohibited. G. Streamers, inflatable signs or icons, inflatable forms or tethered balloons, posters, pennants, ribbons, spinners, strings of lights, search lights, other similar devices for the purpose of advertising or attracting attention shall be prohibited. H. Cold Air Inflatable Balloons.
Title 5 Parking
I.
Merchandise, equipment, products, or other items not themselves for sale and placed for attention getting, identification or advertising purposes. This shall include off-premise hand-held, costume suits and other human derived methods intended to attract attention to a residential or nonresidential establishment.
Title 6 Landscaping
J. Signs on Utility Poles or Traffic Control Devices- Signs attached or placed adjacent to any utility pole, traffic sign post, traffic signal or any other official traffic control device. K. Signs on Street Trees. L. Billboards
Title 7 Signs
M. Temporary directional signs, other than emergency signs or those temporary signs as may be approved by City Council, the Police Department or other City Department for public safety purposes. N. Banner signs shall be prohibited unless: 1. Approved in conjunction with a temporary or intermittent use permit or special event permit; or
Title 8 Administration
2. Approved with a sign permit as a temporary sign pending manufacture and installation of an approved permanent sign; or 3. Approved by the Safety Director over designated rights-of-way, and only if attached to poles designated for advertising special events.
Title 9 Subdivisions
O. Signs that Block Ingress or Egress. Any sign that is placed or maintained so as to interfere with free ingress to or egress from any door, window, fire escape or parking lot. P. Signs in the street right-of-way.
Title 10 LID Standards
Q. No sign shall employ any parts or elements which revolve, rotate, whirl, spin, flash or otherwise make use of mechanical, off-premise human (i.e. hand held or costumes) or electronic derived motion, to attract attention. R. Any sign not specifically authorized by this Title.
Title 11 Definitions
140
City of Streetsboro
Signs Title 7
A. Any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general.
Section 11.703.02 COMMEMORATIVE SIGNS Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure. Signs commemorating receipt of a grant award and required to be erected as a result of such award, (i.e. ODNR Nature Works, Water Restoration Resource, Trust for Public Land or similar public or non-profit agency) shall be permitted without a permit.
Section 11.703.03 DWELLING UNIT SIGN PLATE One sign plate may be located on any dwelling.
Section 11.703.04 INCIDENTAL SIGNS AND/OR SYMBOLS The following types of signs are permitted without requirement for a permit: A. Flags of any nation, government or public service organization.
Title 1 Purpose & Scope Title 2 Districts & Uses
Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from these regulations. Architectural features include:
Title 3 Special Districts
Section 11.703.01 ARCHITECTURAL FEATURES
Title 4 Gen. Provisions
The following types of signs noted throughout this Chapter are permitted without requirement for a permit, subject to any listed standards:
Title 5 Parking
1159.22 Signs Allowed Without a Permit
Title 6 Landscaping
Chapter 11.703
Table of Contents
1159.22 Signs Allowed Without a Permit Chapter 11.703
G. Drive-Through Signs. Any use that includes a drive-through shall be permitted incidental and/or symbols that relate to the drive-through facility. Each sign/symbol shall not exceed 1 square foot in area. The maximum total area of drive-through signage for each such facility shall not exceed 3 square feet.
Section 11.703.05 MURALS Murals, which are a design or representation painted or drawn on the exterior surface of a structure that do not advertise a business, product, service or activity, are exempt from any sign area requirements of this ordinance and shall not be included in calculations for allowable sign area.
Section 11.703.06 OPINION SIGNS Opinion signs shall be confined to private property, and shall be set back from any property line 10 feet or half the setback applicable to a primary building in the zoning district, whichever is greater.
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration
F. Service Station Island Signs. Automobile service stations shall be permitted incidental signs and/or symbols at fuel pumps and service station islands only. The maximum total area of signage at each service island (includes fuel pumps) shall not exceed 3 square feet.
Title 9 Subdivisions
E. H+9/1%2..-11#0>%$#%N;8-/+3-%2.$+8+$+-1:%1;.5%21%2%.5+3,(1%3-<onade stand or temporary play-related sidewalk markings
Title 10 LID Standards
D. Signage which is an integral part of the original construction of vending or similar machines;
Title 11 Definitions
C. Gravestones, religious symbols or monuments in cemeteries or monument sales lots.
Title 7 Signs
B. Scoreboards and signs on fences and other structures accessory to athletic fields.
141
Title 7 Signs Chapter 11.703 1159.22 Signs Allowed Without a Permit Table of Contents
Section 11.703.07 PARKING LOT IDENTIFICATION SIGNS H+9/1%3#.2$-,%+/%7204+/9%3#$1%$#%+,-/$+">%3+<+$2$+#/1%#/%$5-%;1-%#"%7204+/9%172.-1:%1;.5%21%D.;1$#<-0%7204+/9:E% D0-1-08-,%7204+/9:E%#0%$#%+,-/$+">%6200+-0%"0--%2..-11+63-%172.-1%20-%7-0<+$$-,:%1;bject to the following:
Title 1 Purpose & Scope
A. The signs shall identify limitations on parking space use only. B. The signs shall have a maximum area of 1.5 square feet (a typical accessible barrier free parking space sign has a dimension of 1 foot x 1.5 feet).
Title 2 Districts & Uses
Section 11.703.08 PUBLIC SIGNS Signs of a public nature erected by the city, county, state or federal government, such as street signs, safety signs, danger signs, traffic signs, and signs of historical interest, identification signs announcing public recreational facilities or activities, signs for public buildings or uses, and the like.
Title 3 Special Districts
Section 11.703.09 REAL ESTATE SIGNS A. In Residential Districts. A sign advertising premises for sale are permitted, subject to the following requirements:
Title 4 Gen. Provisions
1. Dimensions. A signs shall have a maximum area of 3 square feet and a maximum height of 4 feet for a single dwelling or building or vacant land. 2. Setbacks. Such sign shall be located not less than 25 feet from any side lot line or 10 feet from any street right-of-way line. Illumination shall not be permitted.
Title 5 Parking
3. Removal. The real estate sign must be removed upon one of the following: transfer of ownership of the property or expiration of the listing agreement. Permission to locate such sign shall be obtained from the owner or occupant of property on which the sign is located. Failure to comply with this condition shall be cause for immediate removal of such sign.
Title 6 Landscaping
B. In Nonresidential Districts. A sign advertising premises for sale are permitted, subject to the following requirements: 1. Dimensions. A sign shall have a maximum total area of 32 square feet and a maximum height of 8 feet. 2. Setbacks. Such sign shall be located not less than 25 feet from any side lot line or 15 feet from any street right-of-way line. Illumination shall be prohibited.
Title 7 Signs
3. Removal. Such sign shall be removed within 14 days of the sale, rental or lease. Permission to locate such sign shall be obtained from the owner or occupant of property on which the sign is located. Failure to comply with this condition shall be cause for immediate removal of such sign.
Title 8 Administration
C. Rental Signs. A sign announcing residential and nonresidential building space for rent shall not exceed 3 square foot in area in all districts.
Section 11.703.10 NON DRIVE‐THROUGH RESTAURANT MENU SIGN Title 9 Subdivisions
Restaurants that do not include drive-through service may include a restaurant menu sign mounted on the exterior wall of a building containing a restaurant. Menu signs may be located in a permanently mounted display box on the surface of the building adjacent to the entry, and may have a maximum area of 3 square feet. Refer to !"#$%&'())*Q,.*,+Y*H for sign requirements relative to drive-through restaurants.
Title 10 LID Standards
Section 11.703.11 SEASONAL DECORATIONS Decorations that do not convey a commercial message are not considered signage and shall not require a permit.
Title 11 Definitions
142
City of Streetsboro
Signs Title 7
Section 11.703.13Â VEHICLES
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Signs on vehicles of any kind, provided the sign is painted or attached directly to the body of the original vehicle and does not project or extend beyond the original manufactured body proper of the vehicle.
Title 1 Purpose & Scope
Any sign placed inside a building may be erected without a permit but subject to the safety regulations of the building and fire codes, provided that any sign permanently attached to the interior of the structure and visible from the exterior thereof shall comply with the provisions of this Title.
Title 2 Districts & Uses
Section 11.703.12Â SIGNS WITHIN BUILDINGS
Table of Contents
1159.22 Signs Allowed Without a Permit Chapter 11.703
Draft Zoning Ordinance: February 15, 2012
143
Title 7 Signs Chapter 11.704 Signs Allowed With a Permit Table of Contents
Signs Allowed With a Permit
Chapter 11.704
Title 1 Purpose & Scope
Section 11.704.01 SIGNS ALLOWED WITH A PERMIT The following signs may be permitted in certain zoning districts as shown in the following Table 15 subject to the approval of a zoning certificate and the sign design limitations applicable to each type of sign.
Title 2 Districts & Uses
Table 15. Type of Sign Permitted by Zoning District Key:
■ Permitted for all uses
" Permitted for some uses. Refer to sign design standards.
Residential/Special Districts
[blank]: not permitted
Nonresidential Districts
R‐R
R‐1
R‐2
R‐3
R‐4
R‐G
O
B‐N
B
B‐R
D
I‐1
Title 4 Gen. Provisions
O‐C
Title 3 Special Districts
USE
SIGN DESIGN STANDARDS
Building Mounted Sign
"
"
"
"
"
"
"
■
■
■
■
■
■
A'4+)$%!<<=E?B=?@!
Ground Sign
"
"
"
"
"
"
"
■
■
■
■
■
■
A'4+)$%!<<=E?B=?@;=<!
Development Entrance Sign
■
■
■
■
■
■
Title 5 Parking
■
■
■
■
■
■
■
A'4+)$%!<<=E?B=?B!
On‐Site Directional Sign
"
■
■
■
■
■
■
A'4+)$%!<<=E?B=?C!
Building Directory Sign
"
■
■
■
■
■
■
A'4+)$%!<<=E?B=?D!
"
"
"
"
"
"
A'4+)$%!<<=E?B=?E!
■
■
■
■
■
■
A'4+)$%!<<=E?B=?F!
Window Sign
Temporary or Special Event Sign
■
■
■
■
■
■
■
Title 6 Landscaping
Section 11.704.02 BUILDING MOUNTED SIGNS Building mounted signs are subject to the design standards of this section. A. Design Standards in All Zoning Districts.
Title 7 Signs
1. Wall/Panel Signs. Wall signs shall not project more than 12 inches from the building wall to which it is attached and shall be set back from the end of the building, or party wall line for a distance of at least 3 feet and shall not project above the building wall. Wall signs may be internally or externally illuminated.
Title 8 Administration
2. Projecting Signs. Projecting signs shall not exceed 12 square feet in sign area. Projecting signs shall not extend more than 3 feet from the face of a building and the lowest portion of such sign shall not be less than 8 feet above the finished grade of a sidewalk or other pedestrian way. 3. Awning Signs. Back-lighting of awning signs shall be prohibited. Awning signs shall be located on the awning valance only and shall not cover more than 25% of the valance or 12 SF, whichever is less. The lowest portion of such sign shall not be less than 8 feet above the finished grade of a sidewalk or other pedestrian way.
Title 9 Subdivisions
B. Nonresidential District Standards (except the I-1 District).
Title 10 LID Standards
1. Building Units. Signs identifying an office, retail business and service use shall be regulated by relating the total maximum area of all signs to the size of the building unit to which the signs are accessary. Building unit refers to a space occupying a portion of the ground floor of a building, containing its own entrance and separated from other such spaces by a party wall or walls. Building unit width shall be the width of the unit as measured from party wall centerlines along the building frontage. 2. Number and Area of Signs. Each building unit shall be permitted one building mounted sign no more than 60 square feet in sign area or not exceeding 2 square feet in sign area for each one linear foot of building unit frontage, whichever is less.
Title 11 Definitions
144
City of Streetsboro
Signs Title 7
1. Total Sign Area of All Building Mounted Signs in Single Tenant Buildings. Each building shall be permitted one building mounted sign no more than 120 square feet in sign area or not exceeding one square foot in sign area for every 2 linear feet of building frontage, whichever is less. 2. Area of Individual Building Mounted Signs in Multi-tenant Buildings. Each building unit shall be permitted one building mounted sign no more than 40 square feet in sign area or not exceeding 2 square feet in sign area for each one linear foot of building unit frontage, whichever is less.
Section 11.704.03 GROUND SIGNS Ground signs are subject to the area and placement regulations of the following Table 16 and the design standards of this section.
Table 16. Dimension and Location Standards for Single Tenant Ground Signs NUMBER PERMITTED
MAXIMUM AREA
MAXIMUM HEIGHT
O‐C, R‐R, R‐1, R‐2, R‐3, R‐4, R‐G
1 per home occupation
3 sq. ft.
3 feet
Title 1 Purpose & Scope
MINIMUM SETBACK 10 feet from street right‐of‐way 25 feet from side lot line
Title 5 Parking
ZONING DISTRICT
Title 2 Districts & Uses
C. I-1 District Standards.
Title 3 Special Districts
4. Hanging/Suspended. One hanging/suspended sign may be attached to the soffit or fascia of a canopy or roof over a walkway of each business use. Such sign shall not exceed 6 square feet in sign area. The lowest member of such sign shall not be less than 8 feet above the finished grade of a sidewalk or other pedestrian way.
Title 4 Gen. Provisions
3. Service Entrance. Service entrances to a business unit may be identified by a nameplate on the building not exceeding 2 square feet in sign area.
Table of Contents
Signs Allowed With a Permit Chapter 11.704
10 feet from street right‐of‐way 25 feet from side lot line 100 feet from residential district boundary
B‐N*, B*, D*
1
40 sq. ft.
8 feet
10 feet from street right‐of‐way 25 feet from side lot line 100 feet from residential district boundary
B‐R*
1
40 sq. ft.
10 feet
10 feet from street right‐of‐way 25 feet from side lot line 100 feet from residential district boundary
I‐1*
1
40 sq. ft.
8 feet
10 feet from street right‐of‐way 25 feet from side lot line 100 feet from residential district boundary
*See !"#$%&'())*Q,.*,+Y*J for area and height standards for Multi-tenant ground signs. A. Design Standards Applicable to All Ground Signs: 1. Monument Base Required. All ground signs in the City shall be low-level monument style ground signs. Pole signs are not permitted. The ground sign shall be provided with a base that is at least 80% of the width of the sign. The square footage of the monument base shall not exceed 45% of the allowable sign area.
Title 11 Definitions
2. Address Requirement. All ground signs shall contain the address of the business or use to which they are accessory to ensure fire and traffic safety.
Title 7 Signs
8 feet
Title 8 Administration
40 sq. ft.
Title 9 Subdivisions
1
Title 10 LID Standards
O*
Title 6 Landscaping
O‐C, R‐R, R‐1, R‐2, R‐3, Any commercial, office, service, industrial, community, education, institution, or recreation use may R‐4, R‐G have a sign that complies with the standards of the B‐N district.
Draft Zoning Ordinance: February 15, 2012
145
Title 7 Signs Chapter 11.704 Signs Allowed With a Permit Table of Contents
3. Materials. Ground signs shall be constructed out of decorative materials that complement the design of principal buildings within the development. Natural materials such as stone, decorative masonry, clay brick or metal shall be required. Bare, stained, painted or unfinished wood posts of any dimension shall be prohibited.
Title 1 Purpose & Scope
4. Landscaping. Low level landscaping shall be provided around the base of the sign, but shall not obscure any part of the sign message. Landscaping shall consist of a minimum of 50% evergreen and other plant types.
Title 2 Districts & Uses
5. Drive-Through Signs. Any use that includes a drive-through is permitted to have up to 2 ground signs per drive through lane that relate to the drive-through facility, such as menu order board signs or information signs. The drive-through signs may have a maximum height of 8 feet and a maximum area of 32 square feet per drive-through use. All freestanding drive-through signs shall be monument-style signs with a decorative base at least as wide as the sign.
Title 3 Special Districts
6. Planning Commission Review Required. No ground sign may be erected, expanded, or developed until the planning commission has reviewed and approved its location and compliance with this ordinance. 7. Non-Residential Uses in Residential Districts. Any permitted or existing use in a residential district that is listed as a Community, Civic, and Institutional Use; Commercial, Office and Service Use; or Industrial and Extraction Use in A1?8"(+ may have a ground sign that complies with the requirements applicable in the B-N district.
Title 4 Gen. Provisions
8. Multi-tenant Nonresidential Buildings (i.e. Shopping Centers). a. !0&22%';(/"'$"3. For the purposes of this subsection, a shopping center shall be considered as a planned and integrated grouping of nonresidential buildings meeting all of the following requirements:
Title 5 Parking
i.
It shall be comprised of a minimum of 12 building units; and
ii. All building units shall share access to a common parking area.
Title 6 Landscaping
b. W1=%E7E(!%;'(Y3"1. Multi-tenant nonresidential buildings (Shopping Centers) may have one ground sign per street frontage with a maximum total area of 120 square feet and a maximum height of 16 feet. Individual tenant signs shall be limited to a maximum area of 20 square feet per tenant.
Section 11.704.04 DEVELOPMENT ENTRANCE SIGNS Title 7 Signs Title 8 Administration
A. Residential Development Identification Signs. One permanent subdivision or project identification sign not exceeding 40 square feet in area and 8 feet in height is permitted for each entrance to the subdivision or residential development. Said sign or signs may identify the name of the subdivision or residential development. Such signs shall be set back not less than 10 feet from the street right-of-way line.
Title 9 Subdivisions
B. Industrial or Office Park Identification Signs. One identification sign shall be permitted for a unified development of 3 or more buildings serviced by a common access drive. The maximum single face of sign area shall not exceed 40 square feet. Such identification signs shall be monument ground signs and shall not exceed 8 feet in height. Such sign shall be located at the vehicular entrance to a park and shall be set back a minimum of 10 feet from the nearest street right-of-way line. C. Street Island Signs. When development entrance signs are located within an island that separates travel lanes in a street, the sign shall comply with the following standards:
Title 10 LID Standards
1. Sign Type. The sign shall may 6-%2%D62.4%$#%62.4E%90#;/,%1+9/? 2. Setback from Island Edge. The sign must be set back at least 3 feet from any island edge. 3. Setback from Right-of-Way. The sign must be set back at least 25 feet from the right-of-way line of the 1$0--$%$52$%+/$-01-.$1%*+$5%$5-%70#N-.$(1%-/$02/.-%1$0--$?
Title 11 Definitions
146
City of Streetsboro
Signs Title 7
A. Number of Signs. One building directory sign shall be permitted per building entrance. B. Separate from Other Signs. The building directory shall be separate from any permitted signs accessory to the uses occupying the street level façade. C. Sign Area. The maximum area of each building directory sign shall be 6 square feet. D. Materials. Building directory signs shall be constructed out of durable, high quality materials that match or complement the materials and architectural detail of the principal building to which they are attached. E. Sign Type. Building directory signs shall be wall signs only.
Section 11.704.07 WINDOW SIGNS A. Window signs (permanent or temporary) are permitted in ground floor windows of nonresidential or mixed use buildings only, and may occupy up to 24 square feet or 15% of the total surface area of facade windows, whichever is less. A window sign shall not occupy more than 10% of the area of any individual window. An individual window shall be determined by framing or other structural elements, divided light window panes or other glazing methods within a window frame shall not considered individual windows. Does Steering Committee want to permit permanent window signs in residential districts- if so, revise Table 15 accordingly?
Section 11.704.08 1159.08 TEMPORARY SIGNS A. Street Banners. Street banners, if specifically approved by the Safety Director and only for locations designated by the Safety Director, may be permitted for 14 calendar days before and 7 calendar days after the event for which the street banner is associated. All street banners shall be attached to poles designated for street banner use only. B. Project Construction Signs. 1. Number and Dimension Standards. One temporary project sign not exceeding 32 square feet and 8 feet in height shall be permitted if it is located on the lot of a proposed building, a building under construction, or a site development project such as a residential subdivision. 2. Setback Requirements. Such project sign shall be located not less than 100 feet from the nearest lot line of any residential district or use and not less than 25 feet from the nearest lot line of any nonresidential district or use and street right-of-way line. 3. Term of Permit. Permits for such signs shall be for a period not to exceed one year from the date of erection. If development is not completed within one year, the sign shall be permitted to exist for an additional period not to exceed one year. 4. Prohibited Signs. Temporary inflated markers or signs are prohibited as permissibly temporary signs.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
Where a single building on a single lot is occupied by more than 1 business, dwelling or other use, and one or more of the uses or dwellings lack a direct entrance from the exterior of the building, a building directory sign may be located at exterior entrances to the building, subject to the following:
Title 5 Parking
Section 11.704.06 BUILDING DIRECTORY SIGNS
Title 6 Landscaping
D. Pavement Markings Exempt. Horizontal directional signs on and flush with paved areas are exempt from these standards.
Title 7 Signs
C. Setback Requirements. All signs shall be set back a minimum of 10 feet from any front lot line and 15 feet from any side or rear lot line.
Title 8 Administration
B. Sign Dimension Standards. No single sign shall exceed 3 square feet of sign face area or 3 feet in height.
Title 9 Subdivisions
A. Maximum Sign Area Per Site. Directional signs may have a maximum total area of 30 square feet of sign face per site.
Title 10 LID Standards
Signs providing traffic or property use direction may be permitted in any nonresidential district or in any multiple family residential development with more than one building subject to the following requirements:
Title 11 Definitions
Section 11.704.05 ON‐SITE DIRECTIONAL SIGNS
Table of Contents
Signs Allowed With a Permit Chapter 11.704
147
Title 7 Signs Chapter 11.704 Signs Allowed With a Permit Table of Contents
5. Removal. Project signs shall be removed within 14 days of the commencement of the intended use or the issuance of a certificate of occupancy, whichever occurs first. C. Advertising Event Signs.
Title 1 Purpose & Scope
1. Number. A maximum of one advertising event sign per street frontage and one sign per public entrance to the building shall be permitted per lot.
Title 2 Districts & Uses
3. Setback Requirements. Advertising event signs shall be located not less than 50 feet from the nearest lot line of any residential district or use and not less than 25 feet from the nearest lot line of any nonresidential district or use and street right-of-way line.
2. Dimension Standards. Ground mounted signs shall not exceed 9 square feet in area and 6 feet in height. Building mounted event signs shall not exceed 24 square feet.
Title 3 Special Districts
4. Sign Removal. Signs must be removed within 4 days after completion of the activity for which they were erected. 5. Display Period. Such signs shall be temporarily displayed for the specific time period defined on the approved permit. One permit may be issued for multiple display periods over one calendar year. The total display period for such signs on a single lot for a single use shall not exceed 30 days per quarter per calendar year.
Title 4 Gen. Provisions
D. Sandwich Board Signs. Sandwich Board, as defined in this Ordinance, shall be considered temporary signs and shall conform to the following: 1. Number. A maximum of one sandwich board sign shall be permitted per building tenant.
Title 5 Parking
2. Dimension Standards. Sandwich board signs shall not exceed 8 square feet in area and 4 feet in height. 3. Changeable Copy. Sandwich board signs may utilize manual changeable copy on 100% of the permitted sign area.
Title 6 Landscaping
4. Location.
Title 7 Signs
a. :%;0$_&9_C1>(C%6$0. Sandwich board signs shall be located on private property, outside of the public right-of-way. In a zero-setback situation where no private property exists between the building facade and the public right-of-way (i.e. sidewalk), the applicant must certify that the location of said sign will not impede free and safe pedestrian travel. To ensure free and safe pedestrian travel, a minimum of width of 5 feet of unimpeded right-of-way shall be provided. The Safety Director or Director of Planning as applicable shall verify that the required free and clear minimum right-of-way width has been provided.
Title 8 Administration
b. Y6[1#"'$($&(O3%'#%218(M5". Signs shall only be located adjacent to the use for which the sign is associated. 5. Display Period. Sandwich board signs shall only be permitted to be displayed during active business hours (between open and close of business). Such signs shall be store indoors when not in use.
Title 9 Subdivisions
E. Permit Required. All temporary signs, except those allowed without a permit per /012$"3())*Q,+())HF*--( !%;'5(Y88&B"6(C%$0&7$(1(O"3E%$, must receive a permit through the Zoning Inspector by paying the applicable application fee per Z33&3a(:"9"3"'#"(5&73#"('&$(9&7'6* If the applicant fails to remove the temporary sign by the deadline date, the City, without demand or notice to the applicant, may remove the sign(s).
Title 10 LID Standards Title 11 Definitions
148
City of Streetsboro
Signs Title 7
B. Maintenance. A nonconforming sign shall be maintained in good condition pursuant to this Title, and may continue until such sign is required to be removed as set forth in this Section. C. Alteration, Relocation or Replacement. A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into conformance with the provisions of this Title, except as otherwise permitted in this Section. D. Reconstruction of a Damaged Sign. If a sign face and/or its support is damaged by any means to the extent where the repair cost exceeds 50% of the replacement cost of the sign, such sign may not be reconstructed except in accordance with this Title. If the repair costs do not exceed 50 percent of the replacement cost of the sign, the sign may be repaired, subject to approval of consistency in design by the Zoning Inspector and provided all repair work is completed within 90 calendar days of the date the damage was incurred. Any sign destroyed or damaged to any extent by vandalism may be rebuilt to its original state within 90 calendar days; E. Servicing. Sign panel replacement (including changeable copy), painting, servicing, cleaning or minor repairs to a nonconforming sign shall be permitted, subject to the following requirements: 1. The sign shall be restored to its original design; 2. There shall be no changes to the size, shape, location, structure or framing; and
Title 1 Purpose & Scope
A. Continuation. The purpose of this Section is to provide for the continuation of, as well as limitations on, nonconforming signs, should the presence of a legal nonconforming sign exist.
Title 2 Districts & Uses
Nonconforming signs shall conform and be subject to the following requirements:
Title 3 Special Districts
Section 11.705.01 NONCONFORMING SIGNS
Title 4 Gen. Provisions
1159.18 Nonconforming Signs
Title 5 Parking
Chapter 11.705
Table of Contents
1159.18 Nonconforming Signs Chapter 11.705
F. Termination. A nonconforming sign shall immediately lose its legal nonconforming status, and shall be brought into conformance with this Title or removed, when any of the following occur. 1. The size or shape of the sign is changed;
Title 6 Landscaping
3. All work is in compliance with applicable codes and regulations, as well as all other provisions of this Title.
Title 11 Definitions
Title 10 LID Standards
H. Transfer Upon Adoption. A nonconforming sign shall not be transferred from the user or owner of the premises at the enactment of this Ordinance to a new user or owner. Such transfer of ownership shall require the applicable sign to be brought into conformance with the provisions of this Title.
Title 8 Administration
G. Severability. Nothing in this Title shall prohibit the construction of a nonconforming sign for which a Zoning Certificate has been issued prior to the effective date of this Title, or any amendment thereto, provided that construction is completed within 90 days after the issuance of the Zoning Certificate.
Title 9 Subdivisions
3. If the property upon which the sign is located ceases to be used for a period of 6 consecutive months from the date of a documented inspection or date of utility disconnect from the use of which it advertises.
Title 7 Signs
2. The sign structure is altered; or
Draft Zoning Ordinance: February 15, 2012
149
Administration Title 8
Administrative Organization and Responsibilities
Section 11.801.01 1105.01 ZONING INSPECTOR The Zoning Inspector of the City shall be the zoning official for the purpose of effecting proper enforcement of this Zoning Ordinance, under the supervision of the Director of Planning.
Title 1 Purpose & Scope
Chapter 11.801
Title 2 Districts & Uses
Title 8 ADMINISTRATION
Table of Contents
Administrative Organization and Responsibilities Chapter 11.801
2. Perform inspections of buildings, structures, and premises to insure that the land use or improvements to the land are and will remain in compliance with this Ordinance. 3. Assist applicants in completing appropriate forms and following procedures related to site plan review, rezoning, and other zoning matters outlined in this Ordinance.
Title 4 Gen. Provisions
1. Review and investigate permit applications to determine compliance with the provisions of this Ordinance.
Title 3 Special Districts
A. Duties of the Zoning Inspector. The Zoning Inspector shall have the following duties:
8. Order removal of illegal buildings, structures, premises, or uses, including additions or structural alterations; 9. Forward to the Planning Commission completed applications for site plan review, conditional use review, regulating plan review, prior development agreements, petitions for amendments to this Ordinance, and other matters that must be reviewed by the Planning Commission. 10. Forward to the Board of Appeals all materials related to applications for appeals, variances, or other matters on which the Board of Appeals is required to act. 11. Record or cause to be recorded and prepare the official minutes of all meetings of the Planning Commission and Board of Appeals. 12. Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violations of this Zoning Ordinance as permitted by law.
Title 6 Landscaping Title 7 Signs
7. Order discontinuance of illegal uses of buildings, structures or premises;
Title 8 Administration
6. Issue written notices to persons responsible for violations of this Zoning Ordinance identifying the violation and requesting compliance. The notice shall also be given to the property owner when the violator is someone other than the property owner.
Title 9 Subdivisions
5. Issue zoning certificates, temporary use permits, and occupancy certificates in conformance with the provisions of this Zoning Ordinance;
Title 5 Parking
4. Review all applications for site plan review, conditional use review, regulating plan review, and take any action required under guidelines stated in this Ordinance.
1. Permanent records of all applications, fees, bonds, certificates, plans, meeting notices, hearings, special studies, amendments and other activities and actions conducted in the administration and enforcement of this Zoning Ordinance;
Title 10 LID Standards
B. Maintenance of Records. The Zoning Inspector shall maintain in the City offices:
3. An original or master copy of the Zoning Ordinance, maintained current with amendments;
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
2. A list of nonconforming uses, from the date of adoption of this Ordinance (Insert date of adoption);
151
Title 8 Administration Chapter 11.801 Administrative Organization and Responsibilities Table of Contents
4. An original or master of the Zoning District Map, maintained current with amendments. The boundary lines of each zoning district change shall be described and kept in the office records.
Title 1 Purpose & Scope
Section 11.801.02 PLANNING COMMISSION A. Composition, Term, Organization and Meetings. The composition, terms of members, organization and meetings of the Planning Commission shall be in accordance with applicable sections of Article XIV of the Charter of the City of Streetsboro.
Title 2 Districts & Uses
B. Powers and Duties. The Planning Commission shall have such powers and duties as are conferred upon it by the laws of Ohio, this Ordinance, those powers enacted by resolution or ordinance of Council, and Section 14.03 of the Streetsboro City Charter.
Title 3 Special Districts
Section 11.801.03 BOARD OF APPEALS A. Creation of the Board of Appeals. There shall be a Board of Appeals which shall have the powers and duties prescribed by Article XV of the Streetsboro City Charter and by this Zoning Ordinance.
Title 4 Gen. Provisions
B. Composition, Term, Organization and Meetings. The composition, terms of members, organization and meetings of the Board of Appeals shall be in accordance with applicable sections of Article XV of the Charter of the City of Streetsboro. C. Powers and Duties. The powers and duties of the Board of Appeals shall be:
Title 5 Parking
1. Appeals. To hear appeals on decisions made by the Zoning or Building Inspector on matters relating to this Zoning Ordinance where it is alleged that an error in any order, requirement, decision or interpretation has been made by the Zoning or Building Inspector.
Title 6 Landscaping
2. Interpretation of the Zoning Map. The Board of Appeals shall act on all questions as they may arise in the administration of this Ordinance, including the interpretation of the zoning district map, and the interpretation of the exact location of a boundary line between zoning districts shown on the zoning district map. 3. Area Variances. The Board of Appeals shall have the authority to grant area variances, based upon a 15#*+/9%#"%D702.$+.23%,+""+.;3$+-1E%2/,%2%*-+95+/9%#"%$5-%"2.$#01%1-$%forth in !"#$%&'())*J,G*,Q*Y of this Ordinance.
Title 7 Signs
4. Use Variances. The Board of Appeals shall have the authority to grant use variances, based upon a 15#*+/9%#"%D;//-.-1120>%520,15+71E%2/,%<--$+/9%233%#"%$5-%1$2/,20,1%1-$%forth in !"#$%&'())*J,G*,Q*I of this Ordinance.
Title 8 Administration
5. Sign Variances. The Board of Appeals shall have the authority to grant sign variances, based upon a 15#*+/9%#"%D720$+.;320%520,15+71E%2/,%<--$+/9%233%#"%$5-%1$2/,20,1%1-$%"#0$5%+/%!"#$%&'())*J,G*,Q*/ of this Ordinance.
Title 9 Subdivisions
6. Other Variances. The Board of Appeals shall have the authority to grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this Ordinance. 7. Referred Matters. The Board of Appeals shall also hear and decide matters referred to them or upon which they are required to pass under this Ordinance.
Title 10 LID Standards
In carrying out its duties, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or interpretation as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken and may issue or direct the issuance of a zoning certificate. The Board of Appeals shall in all instances comply with provisions outlined in this Ordinance.
Title 11 Definitions
The Board of Appeals shall not have the power to alter or change the zoning district classification of any property, and shall also not have the power to consider an appeal of any decision concerning a planned development, conditional use, or site plan.
152
City of Streetsboro
Administration Title 8
b. Show how each member voted: c. Show abstentions or failures to vote whenever they occur: d. State the grounds of each determination: A record of the Board of Appeals( proceedings shall be maintained and filed in the office of the Clerk of the Planning Department. 3. Vote. The concurring vote of a majority of Board of Appeals members shall be necessary to reverse or affirm an order, requirement, decision, or interpretation of an administrative official or body; to decide in favor of an applicant on any matter upon which the Board is required to act; or, to effect any variation to this Ordinance. 4. Oaths. The Chairman or acting Chairman of the Board of Appeals shall issue oaths and compel by issuance of subpoena the attendance of witnesses in all matters coming within the purview of the Board of Appeals, and take testimony of any and all persons coming before it, as permitted by law.
Section 11.801.04 1107.08 SCHEDULE OF FEES, CHARGES AND EXPENSES
Title 1 Purpose & Scope
a. Show the vote on each matter being considered;
Title 2 Districts & Uses
2. Minutes. The Board of Appeals shall keep minutes of its proceedings. The minutes shall:
Title 3 Special Districts
1. Adopt Rules. The Board of Appeals shall adopt rules necessary to conduct its affairs.
Title 4 Gen. Provisions
E. Proceedings.
Title 5 Parking
D. Quorum. 4 members of the Board of Appeals shall constitute a quorum for the conducting of business.
Table of Contents
Administrative Organization and Responsibilities Chapter 11.801
Section 11.801.05 1107.09 FINANCIAL GUARANTEES
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Financial guarantees required by this Zoning Ordinance shall be deposited with the Finance Director of the City and shall be returned to the applicant as set forth by this Ordinance.
Title 6 Landscaping
(EDITOR'S NOTE: See Part One, Title Five, Chapter 149, Section 149.11 of the Codified Ordinances.)
Draft Zoning Ordinance: February 15, 2012
153
Title 8 Administration Chapter 11.802 Permits Table of Contents
Chapter 11.802
Permits
Title 1 Purpose & Scope
Section 11.802.01 1107.01 ZONING CERTIFICATES REQUIRED A. Certificate Required. A zoning certificate shall be required as follows: 1. Prior to the erection, alteration, repair, renovation, demolition, or removal of any building or structure.
Title 2 Districts & Uses
2. Prior to the establishment of a new use, whether the land is currently vacant or if a change in land use is proposed. 3. Prior to any change in use of an existing building or structure to a different class, type or tenant.
Title 3 Special Districts
B. Building Permit. Application shall be made to the Zoning Inspector for a zoning certificate which shall be affixed to or made part of the building permit. C. Issuance. Zoning certificates shall be issued only in conformity with the provisions of this Zoning Ordinance, unless the Zoning Inspector receives a written order from the Board of Appeals deciding an appeal or variance.
Title 4 Gen. Provisions
Section 11.802.02 1107.02 APPLICATION FOR ZONING CERTIFICATE Applications for zoning certificates shall be submitted to the Zoning Inspector, and must be completed in full and accompanied by the appropriate fee as specified by !"#$%&'())*J,)*,.. Applications for zoning certificates shall be on forms provided by the Zoning Inspector.
Title 5 Parking
At a minimum the applicant must supply the following information:
Title 6 Landscaping
A. Name, address and phone number of all persons having an ownership in the premises upon which the changes are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal; B. The location, dimensions and parcel tax identification number of the lot or lots including a legal description; C. Zoning district;
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
154
D. Relative location of any and all nearby public and private streets; E. The existing and intended use of the lot or lots; F. A plan of the site drawn to scale showing dimensions of the lot and the location of all existing and proposed building and structures; G. Required front, rear, side yard area, open space, and parking; H. On residential parcels, the number of dwelling units contained within each building; I.
Proposed number of occupants, employees, bedrooms;
J. Location and dimensions of all buildings or structures to be erected, altered, moved or used; and K. Such other information concerning the lot or adjacent lots as may be necessary to determine conformance with and provide for enforcement of this Zoning Ordinance.
Section 11.802.03 1151.27 ZONING CERTIFICATE BASED ON SANITARY SEWERAGE DISPOSAL FACILITY APPROVAL No zoning certificate shall be issued without written evidence that the responsible health or sanitary sewer authority has approved the proposed sanitary sewerage disposal facilities for the use for which the zoning certificate has been requested.
City of Streetsboro
Administration Title 8
B. Upon approval of an administrative review or site plan by the Planning Commission or Director of Planning as may be applicable per /012$"3())*J,.. C. Upon approval of conditional uses by the Planning Commission as regulated in /012$"3())*J,H. D. Upon approval of a variance or appeal by the Board of Appeals. E. Once the Planning Commission or Director of Planning has authorized issuance of a zoning certificate, the Zoning Inspector shall issue the zoning certificate within 10 working days of such authorization. F. The Zoning Inspector shall issue a placard to be posted in a conspicuous place on the property for which a zoning certificate is issued, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Ordinance.
Section 11.802.06 1107.05 EXPIRATION OF ZONING CERTIFICATES A. Commencement. The zoning certificate shall become void if no construction has begun or use changed within one year of the date of issuance of the certificate. B. Completion. Except as otherwise provided in this ordinance (refer to !"#$%&'())*J,.*,QY*-*?N, if the project in the zoning certificate application has not been completed within 2 years of the date of issuance, the certificate shall be revoked by the Zoning Inspector, and written notice shall be given to the persons affected, with notice that further work, described on the cancelled certificate shall not proceed unless and until a new zoning certificate has been obtained.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
A. Within 10 working days after receipt of the completed application, and provided that payment of all applicable fees have been made. The Zoning Inspector shall issue a zoning certificate if the application meets the requirements of this Zoning Ordinance. If denied, the Zoning Inspector shall give written notice of denial and state reasons for denial including sections of the Zoning Ordinance that the applicant does not comply with.
Title 4 Gen. Provisions
Zoning certificates shall be issued by the Zoning Inspector under the following conditions:
Title 5 Parking
Section 11.802.05 1107.04 ISSUANCE OF ZONING CERTIFICATES
Title 6 Landscaping
An application for a zoning certificate which has been made to the City pursuant to !"#$%&'())*J,-*,) and !"#$%&'())*J,-*,-, shall be processed under the regulations effective at the time the application was submitted.
Title 7 Signs
Section 11.802.04 1151.28 EFFECTIVE REGULATIONS AT RECEIPT OF APPLICATION
Table of Contents
Permits Chapter 11.802
Section 11.802.09 1107.06 CERTIFICATE OF OCCUPANCY A. Certificates Required. No building or part of a building, and, no lot or part of a lot, shall be occupied or used until the property owner has received a certificate of occupancy. A certificate of occupancy may not be issued until a zoning certificate has been issued and all work pursuant to building permits and other applicable certificates and permits have been properly completed. The purpose of a certificate of occupancy is to document a property owner's compliance with all applicable codes, and receipt of all necessary certificates and permits. B. Temporary Certificates. The Zoning Inspector may issue temporary certificates of occupancy during alterations for 30 days, weather permitting, in no case to exceed 6 months.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
Coordinate with Jeff to determine how these are currently handled- see 11.204.06- requirements.
Title 10 LID Standards
Section 11.802.08 TEMPORARY USE PERMITS
Title 11 Definitions
The application procedure provided for in !"#$%&'())*J,H*,-(shall be followed for all conditionally permitted uses (see A1?8"(+*((M5"5(O"3E%$$"6(?>(P%5$3%#$).
Title 8 Administration
Section 11.802.07 1107.03 CONDITIONAL ZONING CERTIFICATES
155
Title 8 Administration Chapter 11.803 Regulating Plan Review Table of Contents
Chapter 11.803
Regulating Plan Review
Title 1 Purpose & Scope
Section 11.803.01 PURPOSE AND APPLICABILITY
Title 2 Districts & Uses
This chapter sets forth the approval process for regulating plan approval for optional methods of development permitted by this Ordinance. The purpose of a regulating plan is to establish the overall character and parameters of a development, including development areas, uses, densities, and improvements. The regulating plan serves as the basis for site plan, plat, and/or building permit approvals (as applicable) and as specified in the other chapters of this title and/or ordinance. The following development options require regulating plan approval:
Title 3 Special Districts
A. MD - Mixed Development Option (!"#$%&'())*-,.*,G). B. CD - Conservation Development Option (!"#$%&'())*-,.*,F). C. TND - Traditional Neighborhood Development Option (/012$"3())*+,.).
Title 4 Gen. Provisions
Section 11.803.02 SUBMITTAL REQUIREMENTS Regulating plans shall contain all of the information required for the development option by the following Table 17:
Table 17. Required Regulating Plan Information Title 5 Parking
Item of Information
MD
CD
TND
A regulating plan shall be signed and sealed by a Professional Engineer, Registered Architect, or Registered Landscape Architect. All graphic depictions shall be accurately scaled.
!
!
!
A regulating plan shall include a signed request from each property owner within the boundaries of the "#$%&'()*$+,&'*+(-'(+(-#+,&'*+.#+',,"/0#12++3+"#4%#5(+6"/7+'*+/8*#"95+"#,"#5#*('()0#+)5+%*'::#,('.&#+ unless a document establishing legal authority to act as a representative is included.
!
!
!
A vicinity map, property identification numbers, ownership, north arrow, and scale.
!
!
!
The entire land area within the development, boundary lines and dimensions of the property, existing easements, roadways, and public rights‐of‐way.
!
!
!
A table listing the total project area, net developable project area, zoning district﴾s﴿, and adjacent zoning district﴾s﴿.
!
!
!
The location and configuration of all public and private roadways for a distance of 200 feet from the project boundary.
!
!
!
The location of existing utilities, including sewage facilities, water supply utilities, electric, gas, and telephone/data lines.
!
!
!
;-#+&/:'()/*+/6+#*0)"/*7#*('&+:/*1)()/*5+)1#*()6)#1+)*+(-#+<*#(+1#0#&/,'.&#+'"#'=+1#6)*)()/*2
!
!
!
The precise assignment of land in development areas and conservation areas illustrated on the regulating plan and in table format listing the amount and percentage of total land area dedicated to each development area type. The table shall indicate compliance with any density or lot area/width requirements for the development.
!
!
!
Lot lines must be shown for all land to be subdivided into lots or developed into lots using a site condominium.
!
!
Preparation Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
156
Physical Conditions
Assignment of Land
Identification of town center and neighborhood development areas.
!
A table listing the amount and percentage of neighborhood areas to be dedicated to single‐family, attached single‐family, two‐family, and non‐residential uses.
!
City of Streetsboro
Administration Title 8
!
Lots or land areas for attached single‐family, two‐family, or non‐residential development in neighborhood areas in sufficient detail to determine compliance with the maximum percentage of land that can be allocated to such uses.
!
Lots or areas to be conveyed, dedicated, or reserved as civic space that comply with the requirements of A'4+)$%!<<=>?B=<@.
!
Streets and Circulation !
!
Street cross sections and design standards complying with the requirements of A'4+)$%!<<=>?B=?F and A'4+)$%!<<=>?B=?G shall be submitted.
! !
!
!
Notes and tables that demonstrate compliance with all requirements of the development option.
!
!
!
The approximate location of the storm water management system and engineering calculations indicating its capacity to accommodate storm water runoff in compliance with N)+#'!<?.
!
!
!
Conceptual building design sketches with a level of detail sufficient to demonstrate compliance with the building design requirements of this Ordinance.
!
!
!
Parking areas, along with conceptual parking calculations demonstrating that sufficient parking can be provided to meet Ordinance requirements.
!
!
!
Development Improvements
Supporting Documents A pattern book that complies with the requirements of A'4+)$%!<<=>?B=<B.
!
!
!
!
A phasing plan, if phasing is proposed, shall be included as part of the regulating plan. In any phased project, some components of residential and non‐residential/mixed use buildings shall be included in the first phase of any project.
!
!
!
A development agreement that complies with the requirements of ;9"1+',!<<=B?E.
!
!
!
Section 11.803.03 REVIEW PROCEDURE A. Review by City Officials. The Director of Planning and other appropriate City officials shall review the proposed regulating plan and application materials, and prepare a written review, which shall specify any deficiencies in the regulating plan and make recommendations as appropriate. B. Submission of a Revised Plan. The applicant shall revise the regulating plan and application materials, based on the recommendations set forth in the J+$>(1%initial review. The applicant shall then submit 22 copies of the revised plan (one original and 21 copies) for further review by staff and the Planning Commission. C. Planning Commission Public Hearing. The Planning Commission shall hold a public hearing after at least one publication of notice in a newspaper of general circulation in the City. The notice shall be published at least 10 days prior to the date of the hearing, and shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail at least 10 calendar days prior to the hearing to the
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration
Title 7 Signs
A traffic impact study shall be required as part of the regulating plan for any development with 50 or more residential units. The City ﴾Director of Planning or City Engineer﴿ shall review the traffic impact analysis to determine the scale of on and off‐site impacts, and determine if any internal or external roadway improvements are necessary to adequately provide for transportation needs at the ultimate build‐out of the project. Such improvements may include, but are not limited to, limited access points, roadway expansions, traffic signals, or other improvements. A traffic impact analysis shall comply with the requirements of ;9"1+',!<<=B?D.
Title 9 Subdivisions
The precise location of pedestrian and non‐motorized pathways and improvements.
!
Title 10 LID Standards
The precise location of proposed streets within the development, including the specific type ﴾i.e. major or minor﴿ of each street in a MD, CD, and TND.
Title 1 Purpose & Scope
Conceptual locations for buildings in town center areas.
Title 2 Districts & Uses
!
Title 3 Special Districts
The proposed maximum residential density per acre in neighborhood areas shall be indicated on the regulating plan, accounting for any attached single family or two family units that are proposed in neighborhood areas.
Title 4 Gen. Provisions
TND
Title 5 Parking
CD
Title 6 Landscaping
MD
Title 11 Definitions
Item of Information
Table of Contents
Regulating Plan Review Chapter 11.803
157
Title 8 Administration Chapter 11.803 Regulating Plan Review Table of Contents
applicant and owners of property located within 250 feet of any part of the subject property, including all properties contiguous to and directly across the street.
Title 1 Purpose & Scope
D. Planning Commission Review. Following the public hearing, the Planning Commission shall consider and act upon the proposed regulating plan. The Planning Commission may base its decision on the following criteria: 1. The regulating plan conforms to the purpose, intent, and development standards of the development option.
Title 2 Districts & Uses
2. The proposed site design is superior to that which could be accomplished using the underlying zoning standards. 3. Varying land uses, building types, and densities are properly integrated.
Title 3 Special Districts
4. The proposed regulating plan provides equal or greater preservation of natural features compared to conventional development. 5. The proposed development is compatible with adjacent land uses, understanding that different land uses can be compatible when adjacent to each other provided that proper design relationships exist.
Title 4 Gen. Provisions
6. Provision of open space, civic space, and/or other amenities designed to benefit the general public that is greater than could be achieved under conventional development. 7. Conformity with the Comprehensive Plan. 8. Adequacy of existing or proposed utilities and other public works to serve the proposed development. 9. Adequacy of proposed improvements to offset or mitigate potential impacts of the development.
Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
158
E. Planning Commission Determination. The Planning Commission shall review the regulating plan application together with the public hearing findings and reports and recommendations from City staff and other reviewing agencies. The Planning Commission shall then make a determination on the regulating plan application, based on the requirements and standards of this Ordinance. The Planning Commission may approve, approve with conditions, or deny a regulating plan as follows: 1. Approval. Upon determination by the Planning Commission that the regulating plan is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws and meets the purpose and intent of the development option, approval may be granted. 2. Approval with Conditions. The Planning Commission may impose reasonable conditions with the approval of a regulating plan, to the extent authorized by law. Conditions imposed shall meet all of the following requirements: a. Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole. b. Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity. c. Conditions shall be necessary to meet the intent and purpose of this Ordinance, related to the standards established in this Ordinance for development option regulating plan under consideration, and necessary to insure compliance with those standards. 3. Denial. Upon determination by the Planning Commission that a regulating plan proposal does not comply with the standards and regulations set forth in this Ordinance, does not meet the purpose or intent of the development option, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the regulating plan proposal shall be denied. F. Recording of Planning Commission Action. Each action taken with respect to a regulating plan shall be duly recorded in the minutes of the Planning Commission. The minutes shall record the findings of fact relative to each regulating plan proposal, the grounds for the action taken (i.e. approval, approval with conditions, or denial) and any conditions imposed in conjunction with approval.
City of Streetsboro
Administration Title 8
2. Extension. Upon written request from the property owner, up to 2 (two) 6 month extensions, not to exceed a total of one additional year, may be granted by the Planning Commission if it finds that the approved regulating plan still represents current conditions on and surrounding the site. The written request for extension must be received prior to the expiration date or a new application for regulating plan review will be required.
Section 11.803.04 SITE PLANS AND PERMITS
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Permits meeting the requirements of this ordinance shall be required as set forth in this Title. All permits for a development option shall meet the requirements and conditions of regulating plan approval, as well as applicable standards of this and other City ordinances. When the terms of the approved regulating plan conflict with the provisions of another section of this Ordinance or other law or regulation, the requirements of the regulating plan shall prevail.
Title 1 Purpose & Scope
1. Expiration. The regulating plan shall become void at the expiration of one year after the date of issuance unless substantial progress has been made towards obtaining necessary development approvals. A new application for regulating plan approval shall be required upon expiration of a previous approval.
Title 2 Districts & Uses
Expiration of Regulating Plan Approval.
Title 3 Special Districts
I.
Title 4 Gen. Provisions
H. Board of Appeals Authority. The Board of Appeals shall not have the authority to consider an appeal of a decision by the Planning Commission concerning a regulating plan proposal.
Title 5 Parking
G. Effect of Approval. Upon approval, a regulating plan shall give the property owner the right to seek development approvals under the terms of the regulating plan. Development approvals may include site plan, conditional use, subdivision, building permit, or a combination thereof.
Table of Contents
Regulating Plan Review Chapter 11.803
Draft Zoning Ordinance: February 15, 2012
159
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
Chapter 11.804
Site Plan Review
Title 1 Purpose & Scope
Section 11.804.01 1152.01 PURPOSE
Title 2 Districts & Uses
The procedures, standards and required information in this Chapter are intended to provide a consistent and uniform method of review of proposed development plans, to provide general site design and planning guidelines, to ensure full compliance with the regulations and standards contained in this Ordinance and other applicable ordinances and laws, to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these site plan review requirements to encourage cooperation and consultation between the City and the applicant to facilitate development in accordance with the J+$>(1%32/,% use objectives and to insure that significant design elements shall be considered in future development.
Title 3 Special Districts
Section 11.804.02 TYPE OF PLAN REVIEW REQUIRED 3 levels of plan review are established by this Ordinance: site plan review not required, administrative review, and site plan review.
Title 4 Gen. Provisions
The submittal requirements for each kind of review are listed in A1?8"()F in !"#$%&'())*J,.*,F.
Title 5 Parking
A. Site Plan Review Not Required. Site plan review is not required for the construction of a single-family dwelling, a small accessory structure and any other activity and improvement that will not generate material off-site impacts. However, any activity or use that is exempt from site plan review may still be subject to the requirements of !"#$%&'())*J,)*,. (1107.08 Schedule of Fees, Charges and Expenses) , !"#$%&'())*J,-*,) (1107.01 Zoning Certificates Required) and(/012$"3())*J,F, (Enforcement, Violations and RemediesN. B. Administrative Review can be requested in lieu of full site plan review for certain small scale projects that do not impact neighboring properties.
Title 6 Landscaping
1. Authority. The Director of Planning shall have the authority to approve, approve subject to conditions, or deny any plan requesting administrative review. The Director of Planning shall, as they occur, provide the Planning Commission with a summary of administrative review decisions made pursuant to this section. 2. Request for Site Plan Review. The Director of Planning or the applicant shall have the option to request site plan review of plans otherwise eligible for administrative review.
Title 7 Signs
3. Appeals of administrative site plan decisions made by the Director of Planning shall be made to the Planning Commission. In such cases, the Planning Commission shall review the plan in accordance with the site plan review procedures set forth in Section ))*J,.*,..(
Title 8 Administration
C. Site Plan Review is required for larger and more intense projects, including most new developments, major expansions, and redevelopment. Site plan review procedures and requirements are listed in !"#$%&'( ))*J,.*,..
Title 9 Subdivisions
(
Title 10 LID Standards
Table 18 summarizes what kind of site plan review is required for various development activities. When a combination of more than one kind of development activity is proposed on a site, such as parking improvements required with the construction or expansion of a building, all site improvements shall be reviewed according to the highest level of review required for any one of the individual components of the overall development.
Title 11 Definitions
160
City of Streetsboro
Administration Title 8
Table 18. Type of Plan Review Required SP: Site Plan Review
Title 2 Districts & Uses
ZC AR SP NEW CONSTRUCTION
Accessory Structures ﴾smaller than 200 sq. ft.﴿‐ does not include agricultural uses In any district, up to 200 sq. ft. in area ﴾building permits and zoning certificates are required﴿.
8
Accessory Structures ﴾larger than 200 sq. ft.﴿ In any district, 200 sq. ft. in area or greater.
8
Non‐Residential or Multiple Family Construction of any non‐residential structure, multiple‐family apartment building with 3 or more units, or manufactured housing community.
8
Title 4 Gen. Provisions
One or two family dwelling on a single lot.
8
Title 3 Special Districts
DEVELOPMENT ACTIVITY
BUILDING ADDITIONS, MODIFICATIONS, and ALTERATIONS
Architectural Changes Modifications to a building façade or architectural features that comply with the standards of this ordinance.
8
Increase in Floor Area ﴾minor﴿ An increase of up to 10% or 5,000 sq. ft. of the existing floor area for any non‐residential or multiple family building.
8
Title 6 Landscaping
K%4,'"*'*!)%!7#$$,!",'"!+$!'()*+)%&!82#+)1#'67"8)#/!$,!%$%6,'*)5'%+)"#!32)#5)%&*!3"*'5!$%!+9'!4282#"+)['!+$+"#!$7!'(1"%*)$%*!)%!+9'! 1,'[)$2*!C!/'",*!*9"##!3'!,'[)'-'5!"*!7$##$-*=!!O$+'!+9"+!"**$4)"+'5!*)+'!)81,$['8'%+*!+9"+!",'!,'`2),'5!52'!+$!+9'!)%4,'"*'!)%!7#$$,! ",'"!*249!"*!1",^)%&!$,!#"%5*4"1)%&!8"/!,'`2),'!"!5)77','%+!#'['#!$7!,'[)'-=!
Title 5 Parking
AR: Admin. Review
8
Limited Reconstruction without Expansion Demolition of less than 50% of the existing footprint area of a building and reconstruction.
8
Limited Reconstruction with Expansion Demolition of less than 50% of the existing footprint area of a building and reconstruction that expands the building footprint by more than 10%.
8
Major Reconstruction Demolition and reconstruction of more than 50% of the existing footprint area of a building.
8
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Increase in Floor Area ﴾major﴿ An increase of more than 10% or 5000 sq. ft. of the existing floor area for any non‐residential or multiple‐family building.
Title 7 Signs
ZC: Zoning Certificate
Title 8 Administration
Key:
Title 1 Purpose & Scope
Table of Contents
Site Plan Review Chapter 11.804
Draft Zoning Ordinance: February 15, 2012
161
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
Key:
ZC: Zoning Certificate
AR: Admin. Review
SP: Site Plan Review
DEVELOPMENT ACTIVITY
ZC AR SP
Title 1 Purpose & Scope
SITE IMPROVEMENTS WITHOUT SIGNIFICANT BUILDING EXPANSION
Title 2 Districts & Uses Title 3 Special Districts
Landscape Changes Changes in approved landscaping plans to similar species consistent with the standards of this Ordinance and that do not reduce the total amount of landscaping on the site
8
Minor Changes During Construction Due to unanticipated site constraints, or to improve safety, protect natural features or comply with unanticipated requirements of outside agencies
8
Park improvements
8
Parking Increase ﴾limited﴿ Increase in parking and loading areas of up to 10% of the existing area or 6,000 square feet, whichever is less, without any building changes
8
Title 4 Gen. Provisions
Parking Increase ﴾major﴿ Increase in parking and loading areas of more than 10% of the existing area or 6,000 square feet, whichever is less, without any building changes
>
Title 5 Parking
Parking Lot Improvements without Expansion Parking lot improvements, alterations to the internal layout, resurfacing or re‐striping, or the installation of pavement and curbs to off‐street parking lots
8
Utilities and Accessibility Utility system improvements and modifications to upgrade a building to improve barrier‐free design or to comply with the Americans with Disabilities Act or similar regulations
8
CHANGES IN and/or ESTABLISHMENT OF USE Title 6 Landscaping
Changes in Or Establishment of a Permitted Use Changes in the existing site design, facilities, structures or amenities
8
Nonconforming Uses and Sites ﴾substitution or change of use﴿ Substitution of a nonconforming use for a more conforming use, or a change in the use of a nonconforming site
8
Conditional Uses Establishment of or alterations to an approved conditional use
8
Title 7 Signs
GENERAL
Title 8 Administration
Any activity that, in the opinion of the Director of Planning, is not exempted from site plan review or that does not qualify for administrative review. Director of Planning may request site plan review of projects that qualify for administrative review per A'4+)$%!<<=F?B=?@. Projects and activities of a similar character and intensity to other projects and activities with the same required review procedure, as determined by the Director of Planning
8 8
8 8
Title 9 Subdivisions
Section 11.804.03 PRE‐APPLICATION CONFERENCE
Title 10 LID Standards
At the request of an applicant, the City shall conduct a pre-application conference before a committee composed of planning staff and any other official or representative of the City, including but not limited to the City Engineer, Fire Department staff, Zoning Inspector and Building Department staff. The purpose of this conference is to allow discussion with the City to better inform the applicant of the acceptability of any proposed plans or use prior to incurring extensive engineering and other costs which might be necessary for preliminary plan review and final site plan approval. A request for this conference shall be in writing and shall contain whatever information the applicant deems necessary so that full disclosure and discussion of the proposed plan may be held. The committee's decision shall have no binding effect on the Planning Commission or City Council but be designed simply to advise the applicant of the feasibility of the proposal.
Title 11 Definitions
162
City of Streetsboro
Administration Title 8
D. Planning Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures: 1. Acceptance for Processing. The application shall be placed on the agenda of the next available scheduled Planning Commission meeting. 2. Notification. The Director of Planning shall notify property owners and other parties by certified mail return receipt requested 15 days prior to the Planning Commission meeting at which the subject site plan will be considered. E. Preliminary Site Plan Review. The Planning Commission shall review the preliminary site plan, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Planning Commission shall then make a determination based on the requirements of this Ordinance and the standards of !"#$%&'())*J,.*,H (Standards for Approval) and !"#$%&'())*J,.*,J (1152.12 Design Guidelines).
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
C. Submission of a Revised Site Plan Application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Director of Planning(1 review. The applicant shall then submit 22 copies of the revised plan (one original and 21 copies) for further review by staff and the Planning Commission.
Title 4 Gen. Provisions
B. Technical review. Prior to Planning Commission consideration, the site plan and application shall be distributed to appropriate City officials and staff for review and comment. If deemed necessary the plans shall also be submitted to applicable outside agencies and designated City consultants for review and comment. Such professional review fees shall be borne by the applicant and deposited with the City at the request of the Director of Planning.
Title 5 Parking
A. Application. The owner, tenant, or purchaser having an interest in land for which site plan approval is sought, or the owne0(1%,-1+9/2$-,%29-/$:%15233%1;6<+$%2%.#<73-$-,%2773+.2$+#/%"#0<%2/,%1;""+.+-/$%.#7+-1%#"%2%1+$-% plan to the Planning Department. The site plan shall be prepared in accordance with the provisions of this Chapter, including all appropriate information required by !"#$%&'())*J,.*,F. A site plan that does not meet the stipulated requirements for either preliminary or final site plan approval shall be considered incomplete and shall not be eligible to be placed on the agenda for consideration by the Planning Commission.
Title 6 Landscaping
Section 11.804.04 SITE PLAN REVIEW PROCEDURE
Table of Contents
Site Plan Review Chapter 11.804
1. Tabled. Upon determination by the Planning Commission, or at the request of an applicant, a site plan is not sufficiently complete for approval or denial the Planning Commission may table consideration until a later meeting. 2. Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial. 3. Approval. Upon determination that a site plan is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the site plan shall be approved. 4. Approval subject to conditions. The Planning Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration Title 9 Subdivisions
G. Planning Commission Decision. The Planning Commission is authorized to table, approve, approve subject to conditions or deny the preliminary site plan as follows:
Title 10 LID Standards
If modifications are required, the applicant shall be notified of necessary modifications. The Planning Commission shall have an additional 30 days to approve or disapprove a site plan following submission of modifications. An extension of time may be taken by the Planning Commission if mutually agreed to in writing by the applicant and the City.
Title 11 Definitions
The Planning Commission shall provide a decision, as specified in !"#$%&'())*J,.*,.] below, within 66 days of the date of the initial Planning Commission meeting.
Title 7 Signs
F. Timeframe for Planning Commission Review.
163
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance. Such conditions may include the need to obtain variances or approvals from other agencies.
Title 1 Purpose & Scope
H. Final Site Plan Review. The Planning Commission shall review the final site plan, including items of information required by !"#$%&'())*J,.*,F for a final site plan and any requested reports and recommendations from City staff, consultants, and other reviewing agencies. The Planning Commission shall then make a determination based on the requirements of this Ordinance, the standards of !"#$%&'())*J,.*,H (Standards for Approval), and the following considerations:
Title 2 Districts & Uses
1. The proposed final site plan is consistent with the approved preliminary site plan in terms of building location and architecture, amount and quality of landscaping, and site details including but not limited to lighting, parking, signs and circulation layout.
Title 3 Special Districts
3. The engineering requirements applicable at final site plan approval are met.
2. All conditions imposed during preliminary plan approval are met.
I.
Title 4 Gen. Provisions
Outside agency permits or approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside state and county agencies. All federal, state and local laws and ordinances shall be met and negative comments issued by any governmental agency or public utility shall be resolved prior to the issuance of a certificate of occupancy.
Title 5 Parking Title 6 Landscaping
J. Records Copy of Approved Plans. If a final site plan is approved, the applicant shall be notified in writing by the Director of Planning. 2 copies of the approved final plan/design, including all required modifications or alterations, shall be maintained as part of the City records for future review and/or enforcement. Each copy shall be signed and dated by the chairman of the Planning Commission for identification of the finallyapproved plans, as well as signed and dated by the applicant. If any variances from the zoning ordinance have been obtained from the Board of Appeals, the minutes concerning the variances duly signed shall also be filed with the City records as a part of the plan/design and delivered to the applicant for his information and direction. The plan/design shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to this section receives the mutual agreement of the land owner and the Planning Commission. K. Appeal. The decision of the Planning Commission may be appealed to the Board of Appeals by the applicant. A request for appeal must be made in writing to the Director of Planning within 20 days from final action being taken on the site plan.
Title 7 Signs
Section 11.804.05 STANDARDS FOR APPROVAL In reviewing an application for any type of site plan, the Planning Commission shall be governed by the following general standards:
Title 8 Administration
A. Circulation. There is a proper relationship between the existing streets and highways within the vicinity and proposed acceleration and/or deceleration lanes, service drives, entrance and exit driveways, and parking areas to ensure the safety and convenience of pedestrian and vehicular traffic.
Title 9 Subdivisions
B. Buildings. The buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties. C. Natural Features. As many natural features of the landscape shall be retained as possible where they furnish a barrier screen, or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood.
Title 10 LID Standards
D. Site Layout and Screening. Any adverse effects of the proposed development and activities emanating therefrom that affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback, and location of buildings, structures, and entryways. E. Applications Requiring Site Plan Approval.
Title 11 Definitions
164
1. Proposed improvements that are part of a site plan application shall comply with all Ordinance requirements and the subdivision regulations, as applicable.
City of Streetsboro
Administration Title 8
1. Consideration and Notice. Should rescission be considered, the Director of Planning shall ask that the case be placed on the agenda of the Planning Commission. The Planning Commission shall notify by certified mail the original applicant and/or project representative of the date, time and place of the meeting at least 20 days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The Planning Commission, as appropriate, may rescind approval if it finds that a violation exists and has not been remedied prior to the meeting. 2. Determination. Subsequent to the hearing, the decision of the Planning Commission with regard to the rescission shall be made and written notification provided to the property owner or his or her designated agent. C. Certify Correction Prior to Occupancy Permit. In the event that the Planning Commission decides to rescind approval, the occupancy permit shall not be issued until the Director of Planning certifies that the violation(s) has been corrected.
Section 11.804.07 GENERAL PROVISIONS A. Expiration of Site Plans. 1. Preliminary site plans shall expire one year after the date of Planning Commission preliminary approval, unless the final site plan for the project has been submitted to the planning department for review prior to the expiration date. 2. Final site plans. a. Final site plans shall expire one year after the date of Planning Commission final approval, unless building permits have been issued or construction has commenced. The date of final approval is established by the most recent date stamp on the final plans. b. If building permits have been issued or construction has commenced, final site plan approval shall continue for a period of 2 years from the date thereof. If such construction lapses for more
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
B. Rescind Site Plan Approval. Approval of a site plan may be rescinded by the Planning Commission upon determination that the site has not been improved, constructed or maintained in compliance with approved permits, site plans, or conditions of site plan approval. In addition, the breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance. Such action shall be subject to the following:
Title 7 Signs
Upon suspension of this approval, all construction activities shall cease upon the site until the time the violation has been corrected or the Planning Commission has approved a modification in the site plan in accordance with !"#$%&'())*J,.*,Q*I.
Title 8 Administration
A. Suspension by Director of Planning. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which has received the approval of the Planning Commission. If construction and development does not conform with the approved site plan, the approval of the site plan shall be suspended by the Director of Planning by written notice of the revocation being posted upon the premises involved and mailed to the last known address of the owner.
Title 9 Subdivisions
Section 11.804.06 CONFORMANCE WITH APPROVED SITE PLAN
Title 10 LID Standards
F. Approval Contingent Upon Variance(s). The applicant shall seek a variance or variances from the Board of Appeals prior to seeking site plan approval.
Title 11 Definitions
2. Existing improvements or features of the site that do not comply with current Ordinance standards shall be brought into compliance as nearly as is reasonably possible. The requirement to bring existing improvements into compliance on a site requiring site plan approval shall be proportionate and commensurate with the scale of the proposed improvement requiring site plan approval. The Planning Commission shall determine what constitutes proportionate and commensurate improvements based on the cost of proposed improvements. The costs associated with such site improvements shall be verified by the City Engineer or arborist as may be applicable.
Table of Contents
Site Plan Review Chapter 11.804
165
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
than 180 continuous days, said approval shall immediately expire. Upon expiration, the applicant must re-apply in accordance with !"#$%&'())*J,.*,. of this Ordinance. Each reapplication shall be accompanied by a separate fee as specified in !"#$%&'())*J,)*,..
Title 1 Purpose & Scope
3. Extensions. Upon written request from the applicant, successor or assigns, received by the City prior to the expiration date, the Planning Commission may grant up to 2 one-year extensions to any site plan application approval. The extensions may be granted for either preliminary or final approvals, provided that the approved site plan conforms to current Zoning Ordinance standards.
Title 2 Districts & Uses
B. Revisions to Approved Site Plans. Minor revisions to an approved site plan may be administratively reviewed by the Director of Planning, provided that such changes do not materially alter the approved site design, intensity of use or demand for public services. Revisions to an approved site plan that are not considered by the Planning Director to be minor shall be reviewed by the Planning Commission as an amended site plan, following the procedures of !"#$%&'())*J,.*,. and the criteria of !"#$%&'())*J,.*,H.
Title 3 Special Districts
C. Staged Development. Where a proposed site plan shows a staged development, each stage shall be constructed within the timeframe specified in !"#$%&'())*J,-*,G (Expiration of Zoning Certificates).
Title 4 Gen. Provisions
D. Financial Guarantees. Prior to issuance of zoning certificates, a cash bond or other financial guarantee shall be placed on deposit with the Finance Director of the City, to insure the complete construction of improvements such as utilities, roads, landscaping, post-construction best management practices, parking and sidewalks, in conformance with an approved site plan and within 2 years of the date of site plan approval. The bond or guarantee shall be for the estimated construction cost of improvements, as approved by the City Engineer. The bond or guarantee shall include a 20% contingency to account for increased costs. Such performance bond or other financial guarantees shall be returned to the applicant only if and after all certificates of occupancy have been issued to the applicant.
Title 5 Parking
Section 11.804.08 1152.12 DESIGN GUIDELINES The following guidelines are to be used by those involved in site planning and design to guide the site planning process and to serve as the Planning Commission's guidelines for judging appropriate site design features.
Title 6 Landscaping
A. Relationship to Adopted Plans and Policies. 1. Consider All Plans. The site plan shall reflect all City plans and policies affecting the site, including neighborhood plans, key areas plans, master concept plans, $5-%J+$>(1%J#<70-5-/1+8-%@32/ or previously adopted planned unit residential or planned commercial or industrial development plans.
Title 7 Signs
2. Zoning District Purpose Statements. The site plan shall be consistent with the purpose statement for the zoning district in which it is located (refer to !"#$%&'())*-,)*,.). B. Site Planning/Open Space.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
166
1. Integrate Natural Features. The natural topographic and landscape features of the site should be preserved and incorporated into the development wherever possible. 2. Proportion; Scale. Buildings should be in proportion and scale with existing structures in the surrounding area. 3. Balance; Linkage. A site should not be so overcrowded as to cause unbalanced relationships of buildings to open space. Open space areas should not be unduly isolated from one another by unrelated physical obstructions such as buildings and paved vehicular areas, but rather, should be linked by open space corridors of reasonable width. C. Building Design and Orientation. 1. Fences and Walls. As density increases, greater opportunities for privacy should be provided by utilizing fences or walls to enclose internal views. 2. Orientation. The primary living area of a dwelling or the primary activity area of a building should be oriented toward a natural site amenity where possible.
City of Streetsboro
Administration Title 8
3. Pedestrian Circulation. a. :"5%6"'$%18(M5"5: i.
The complete separation of vehicular and pedestrian circulation areas should be achieved whenever possible.
ii. Walkways which provide access to parking, trash disposal facilities, mailboxes, service areas and community facilities should be approximately 4 feet in width. Common area paths designed to carry heavier pedestrian traffic should generally be 5 to 6 feet in width in order to accommodate 2 pedestrian lanes or one pedestrian lane and one bicycle lane. b. Nonresidential uses. i.
O13U%';(Y6[1#"'$. Off-street parking area should be located within convenient walking distance to the use being served.
ii. `1'6%#122"6(O13U%';. Handicapped parking should be as near as possible to the structure to avoid crossing maneuvering lanes. iii. T"0%#7813eO"6"5$3%1'(!"2131$%&'. Pedestrian and vehicular circulation should be separated as much as possible, either through crosswalk/pavement markings, signalization or complete grade separation. iv. !%;0$(L%'"5. Path and sidewalk crossings should be located where there is adequate sight lines along the road. Ideally, street crossings should occur at intersections.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
b. ]316%';. Horizontal and vertical alignment of streets should be designed to minimize grading. This includes working with the existing grade rather than against the grade to avoid excessive cut or fill. Particular effort should be directed toward securing the flattest possible grade near intersections.
Title 4 Gen. Provisions
a. A1';"'$e/73@". A combination tangent/curve street network should be used to respect the existing natural features of a site, provide visual interest and create a more practical alignment for efficient site planning of building clusters.
Title 5 Parking
2. Street Alignment.
Title 6 Landscaping
1. Street Network. Short loop streets, cul-de-sacs and residential streets should be used for access to low density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity. Access to arterial streets should be limited, whenever possible, to high density residential and non-residential land uses.
Title 7 Signs
D. Circulation.
Title 8 Administration
3. Orderly. Buildings should be sited in an orderly, nonrandom fashion. Excessively long, unbroken building facades should be avoided.
Table of Contents
Site Plan Review Chapter 11.804
3. Stacking Space. Drive-through establishments, such as banks, should be located to allow stacking space for peak hour operation, while not restricting other parking lot circulation. 4. Detached Accessory Structures. Detached residential garages and carports should respect the location of adjacent garages and driveways and should be architecturally compatible with the principal structures on the site.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
2. Screening and Landscaping. Parking areas should be screened and landscaped and traffic islands should be provided to break-up the monotony of continuously paved areas.
Title 11 Definitions
1. Points of Ingress/Egress. When locating points of ingress and egress, consideration should be given to the location of existing access points adjacent to and directly across the street from the subject site. Curb cuts should be shared by adjoining uses whenever possible.
Title 9 Subdivisions
E. Parking Lots and Garages.
167
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
F. Architectural Style. Buildings should be designed with the idea of being architecturally compatible with nearby structures or to screen incompatible elements of nearby development. Architectural style should not necessarily duplicate adjoining structures, but should be compatible in overall form, texture, color and rhythm.
Title 1 Purpose & Scope
1. Checklist. The following is a checklist for evaluating architectural character and compatibility. The following elements should be considered in determining the architectural style or character of an area and whether a proposed development is compatible with surrounding uses. a. S&3E (building footprint) - are the structures small or massive; rectangular or linear; close together or far apart.
Title 2 Districts & Uses
b. `"%;0$ - are the buildings primarily horizontal or vertical. c. I7%86%';(W1$"3%185 - what are the predominant materials used; are there several materials used or only one or two.
Title 3 Special Districts
d. /&8&35 - what are the predominant colors used on the buildings; are many colors or only a few colors used. e. :&&9(O%$#0"5 - are the roofs sloped or flat; what specific roof types are used.
Title 4 Gen. Provisions
f. C%'6&B(1'6(P&&3(P"$1%85 - what is the arrangement, proportion and detail of windows and doors. g. /&E28"=%$> - are the building walls broken or unbroken; is the overall design simple or ornate. h. O1@"6(Y3"15(1'6(!"3@%#"(Y3"15 - where is the location of parking garages and service areas; what is the amount and location of paving on the site; is the front yard paved; how do buildings relate to streets.
Title 5 Parking Title 6 Landscaping
i.
L1'65#12%'; - what is the amount, location and type of landscaping and open space around the buildings and on the site.
j.
!%;'5(1'6(!$3""$(S73'%$73" - what types and number of signs and street furniture are provided; where are they located in relationship to structures.
2. Consistency. Consistency in architectural style should be provided within a development or an infill area. 3. Authenticity. The architectural style should be carried out in as authentic a manner as possible.
Title 7 Signs
4. Variety. Variety can be provided within a particular architectural style by subtly varying building form, setbacks, colors and materials. G. Signs.
Title 8 Administration
1. Compatibility. All signs should be of a complimentary scale and proportion in design and in visual relationship to the site and its structures. Signs within a development should be compatible with each other and signs should not compete for attention with signs on adjoining premises.
Title 9 Subdivisions
2. Restrained; Harmonious. The colors, materials and lighting of every sign should be restrained, and harmonious with the building site to which it relates. Signs should define or enhance architectural elements of the building, not obscure or destroy them.
Title 10 LID Standards
3. Graphic Elements. The number of graphic elements on each sign should be held to the minimum level needed to convey the sign's message and should reflect simplicity, neatness and minimum wording, not only to avoid visual clutter, but to improve legibility. 4. Consolidation. Signage on each building should be consolidated and coordinated. H. Climatic Considerations/Energy Conservation Guidelines
Title 11 Definitions
168
1. Seasonal Consideration. Consideration should be given to both over and under-heated periods of the year when determining building locations.
City of Streetsboro
Administration Title 8
3. Roof Pitch. Steeply pitched roofs should be used on the windward side to deflect wind and reduce the roof area affected by the winds. 4. Northern Exposure. Bland walls, garages or storage uses should be used on north exposures. 5. North Entrance Protection. North entrances should be protected with earth mounds, evergreens and walls and fences. 6. Ventilation. Natural ventilation with prevailing summer breezes should be accommodated whenever possible.
Section 11.804.09 REQUIRED INFORMATION
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
The information listed in A1?8"()F is required for all site plan applications, except where the Director of Planning or the Planning Commission determines that certain information is not necessary or applicable to the particular site plan application.
Title 1 Purpose & Scope
c. I7%86%';(&@"301';5 should be designed to shield the high summer sun and expose the area to the low winter sun.
Title 2 Districts & Uses
b. Y#$%@"(L%@%';(!21#"5. Active living spaces should be oriented to the south for winter warmth.
Title 3 Special Districts
a. A3""5. Deciduous trees should be used for summer shade and coniferous trees for winter warmth.
Title 4 Gen. Provisions
2. Solar and Shade. The following elements should be used to maximize the effect of solar radiation in winter months and maximize shade in the summer months.
Table of Contents
Site Plan Review Chapter 11.804
Draft Zoning Ordinance: February 15, 2012
169
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
Table 19. Required Information Key:
AR: Administrative Review Plan
SP: Site Plan
Title 1 Purpose & Scope
DEVELOPMENT ACTIVITY
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
AR
SP
Name, address, email ﴾if available﴿, telephone and facsimile numbers of the applicant ﴾and property owner, if different from applicant﴿ and firm or individual preparing the site plan, and the property location ﴾address, lot number, tax identification number﴿.
9
9
Total area of land in acres or square‐feet.
9
9
Existing and proposed use﴾s﴿ of the site
9
9
Zoning classification of the property and surrounding parcels ﴾including parcels separated by a street right‐ of‐way﴿.
9
9
Legal description of the property.
9
9
3":-)(#:(95?+#*$)*##"95?+5%"0#@/"95?+/"+&'*15:',#+'":-)(#:(95+5#'&2
9
9
A)(#+,&'*5+5-'&&+.#+1"'8*+(/+'*+#*$)*##"95+5:'&#+/6+*/(+&#55+(-'*+/*#+)*:-+#4%'&5+6)6(@+6##(+BC=+D+EF9G2++3+ general plan sh##(+1"'8*+'(+5:'&#+/6+*/(+&#55+(-'*+/*#+)*:-+#4%'&5+(8/+-%*1"#1+6##(+BC=+D+HFF9G+5-'&&+.#+ ,"/0)1#1+)6+(-#+,"/I#:(+:/0#"5+7/"#+(-'*+/*#+,&'*+5-##(+'(+C=+D+EF92
9
9
Title block, including the scale, north arrow, revision date, name of the City, and a location map drawn at one )*:-+#4%'&5+H?FFF+6##(+BC=+D+H?FFF9G+5-/8)*$+5%""/%*1)*$+&'*1?+8'(#"+6#'(%"#5+'*1+5("##(5+8)(-)*+/*#+BCG+7)&#+ of the site boundaries.
9
9
Size and dimensions of proposed buildings, including gross and usable floor area, number of stories, overall height and number of units in each building, if applicable.
9
9
Detailed parking ﴾including accessible and van accessible parking﴿, residential density ﴾net developable area, and net developable density﴿, lot coverage, calculations.
9
9
Construction type and use group of all buildings as defined by the Ohio Building Code. If 2 or more uses not in the same occupancy classification are proposed, indicate if the structure is being designed for separated or non‐separated uses.
9
9
DESCRIPTIVE INFORMATION
SITE PLAN DATA AND NOTES
EXISTING CONDITIONS
Title 7 Signs
Location of soil types and existing drainage courses, floodplains, lakes, streams, drains and wetlands, with surface drainage flow directions, including high points, low points and swales.
9
Existing topography on site and 50 feet beyond the site boundaries at 2‐foot contour intervals.
9
Title 8 Administration Title 9 Subdivisions
A&/,#5+$"#'(#"+(-'*+HFJ+8)(-+'+CF9+/"+$"#'(#"+#&#0'()/*+:-'*$#2
9
9
Buildings located on adjacent properties within 100 feet of any property line.
9
9
Dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is part of a larger parcel, the plan should indicate the boundaries of total land holding.
9
9
Existing tree survey including the &/:'()/*+/6+'&&+("##5+K=+/"+$"#'(#"+1)'7#(#"+'(+."#'5(+-#)$-(2++;-#+("##+5%"0#@+ shall include a key showing the tag number, size, species, and condition of all trees located on the site.
9
9
Existing site features, including significant natural, historical, cultural and architectural features, buildings and structures, driveway openings, fences, walls, signs and other improvements. The site plan shall clearly note which features will be removed, altered or preserved and provide information regarding the method of preservation or alteration.
9
9
Title 10 LID Standards
Existing and proposed right‐of‐way lines and the centerline of adjacent roads.
9
L")0#8'@5?+5)1#8'&M5?+,'(-5?+,%.&):+("'*5)(+"/%(#5?+5("##(5+'*1+:%".+:%(5+/*+(-#+',,&):'*(95+,'":#&+'*1+'&&+ abutting parcels ﴾including across street rights‐of‐way﴿.
N
Title 11 Definitions
170
City of Streetsboro
Administration Title 8
Location, outside dimensions, setback distances and proposed uses of all site improvements.
9
9
Gross and usable building floor areas.
9
9
SITE PLAN DETAILS
Existing and proposed easements and rights‐of‐way ﴾locations and descriptions﴿ for utilities, access and drainage.
9
An exterior lighting plan with all existing and proposed lighting locations, heights from grade, specifications, lamp types and methods of shielding.
9
A photometric grid overlaid on the site plan indicating light intensity throughout the site in foot‐candles. All light intensities shown on the plan shall reflect overlapping illumination zones created by proposed fixtures.
9
Specifications and details for each type of light fixture, including the total foot candle output, type of lamp, and method of shielding.
9
Waste receptacle locations and methods of screening.
9
Transformer pad location and method of screening, if applicable.
9
Outdoor sales, display or storage locations and method of screening, if applicable.
9
Locations, sizes, heights, types and methods of illumination of all proposed signs.
9
BUILDING and ARCHITECTURAL DETAILS General architectural drawings sufficient to convey the intended look and appearance of the building, and to indicate the type and color of building materials, detailing, and other architectural features.
9
9
Material sample indicating the type, color and texture of all proposed exterior building materials
9
9
Detailed building façade elevations, drawn to an appropriate scale and indicating type and color of building materials, roof design, projections, canopies, awnings, window openings, entrance features, doors, overhangs, other architectural features and any building‐mounted mechanical equipment, such as air‐conditioning and heating units.
9
Building floor plans with all exits clearly delineated.
9
Entrance details, including signs and details of signs.
9
Carport locations and details, if applicable.
9
Title 1 Purpose & Scope
SP
Title 2 Districts & Uses
AR
Title 3 Special Districts
DEVELOPMENT ACTIVITY
Title 4 Gen. Provisions
SP: Site Plan
Title 5 Parking
AR: Administrative Review Plan
Title 6 Landscaping
Key:
Table of Contents
Site Plan Review Chapter 11.804
9
Locations and dimensions of access points, including deceleration or passing lanes and distances between adjacent or opposing driveways and street intersections.
9
Location and dimensions of existing and proposed interior sidewalks and sidewalks or paths within public rights‐of‐way.
9
Parking space and maneuvering aisle dimensions ﴾including accessible parking space and access aisle dimensions﴿, pavement markings, traffic control signage, designation of fire lanes and location and dimension of loading areas.
9
Proposed accessible routes from accessible parking spaces to accessible building entrances, with sufficient $"'1#+)*6/"7'()/*+'&/*$+(-#+"/%(#+(/+0#")6@+:/7,&)'*:#+8)(-+(-#+O)(@95+'1/,(#1+.%)&1)*$+:/1e.
9
Accessible routes and ramp slopes by indicating point elevations at the perimeter of such areas.
9
Details along the proposed accessible route﴾s﴿, including accessible parking signs, curb ramps, ramps, and maneuvering clearances of accessible building entrances/doors, as applicable.
9
Title 8 Administration
9
Designation of fire lanes and signs 5('()*$+<*/+,'"M)*$=+'*1+<6)"#+&'*#2=
Title 9 Subdivisions
Loading and unloading areas.
Title 10 LID Standards
9
Title 11 Definitions
Names of abutting streets, and the width, depth, type and curbing for all streets, parking lots, sidewalks and other paved surfaces.
Title 7 Signs
ACCESS and CIRCULATION
Draft Zoning Ordinance: February 15, 2012
171
Title 8 Administration Chapter 11.804 Site Plan Review Table of Contents
Key:
AR: Administrative Review Plan
SP: Site Plan
DEVELOPMENT ACTIVITY
AR
SP
Title 1 Purpose & Scope
LANDSCAPING and SCREENING
Title 2 Districts & Uses Title 3 Special Districts
Landscape plan, including location, size, quantity and type of proposed shrubs, trees, ground cover ﴾including grass﴿ and other live plant materials, and the location, size and type of any existing plant materials that will be preserved. All landscape plans shall be signed and sealed by a registered landscape architect.
9(
Planting list for proposed landscape materials with quantity, caliper‐size and height of material, botanical and common names, and standards of installation.
9(
Location, dimensions, construction materials, cross‐section and slope ratio for any required or proposed berms or greenbelts.
9(
Proposed fences and walls, including typical cross‐section, materials and height above the ground on both sides.
9(
Complete irrigation system design.
9(
A basic annual landscape maintenance program.
9(
UTILITIES, DRAINAGE, and the ENVIRONMENT
Title 4 Gen. Provisions
Grading plan, with existing and proposed topography at a minimum of two‐foot ﴾2'﴿ contour levels, drainage patterns and a general description of grades within 100 feet of the site to indicate stormwater runoff.
9
9
Title 5 Parking
General location of sanitary sewers, on‐site/off‐site waste water treatment systems and building leads upon which no structures or earth berms shall be located.
9
Detailed location of sanitary sewers and building leads
9
Water mains, hydrants, wells, cisterns, private water systems and building services and sizes.
9
General stormwater runoff calculations and approximate size and location of retention/detention basins
9
Detailed storm sewers, site grading, drainage, retention/detention basins, and/or other pertinent facilities.
9
ADDITIONAL REQUIRED INFORMATION Title 6 Landscaping
Propane tank locations and methods of screening, any overhead utilities, or any outside storage of materials, chemicals, gases, liquids, etc., if applicable. Other information as requested by the building official, Zoning Inspector, Director of Planning, City Engineer, Planning Commission, or city consultants to verify that the site and project are developed or improved in accordance with this Ordinance and the City's Comprehensive Plan. Such information may include traffic impact studies, market analyses and evaluations of the demand on public facilities and services.
9
9
9
Title 7 Signs
A reviewing authority may also require that information be submitted even if this table indicates that the particular information is not required. A reviewing authority may also waive any information that may be required herein but is not applicable to a particular application.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
172
City of Streetsboro
Administration Title 8
4. Protect natural resources. 5. M2.+3+$2$-%,-8-3#7<-/$%+/%2..#0,2/.-%*+$5%$5-%J+$>(1%32/,%;1-%#6N-.$+8-1 per the Comprehensive Plan.
Section 11.805.02 1153.02 APPLICATION PROCEDURES Any application for a conditional zoning certificate under this Zoning Ordinance shall be submitted in accordance with the following procedures: A. Application. Any application for a conditional zoning certificate shall be submitted to the Planning Commission on a special form for that purpose received from the Zoning Inspector. Each application shall be accompanied by the payment of a fee as specified in !"#$%&'())*J,)*,.. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for study and a report if it deems necessary. The cost of such study and report shall be at the expense of the applicant and the report shall be completed as soon as is practicable. B. Applicant Eligibility. The application shall be submitted by the owner of an interest in land for which .#/,+$+#/23%;1-%2770#823%+1%1#;95$:%#0%6>%$5-%#*/-0(1%,-1+9/2$-,%29-/$. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled. C. Data Required with Application. 1. Form. Form supplied by Zoning Inspector completed by applicant. 2. Site Plan. Site plan or plot plan that complies with the site plan submittal requirements of !"#$%&'( ))*J,.*,F. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review or placed on the agenda. 3. General Standards. A statement supported by substantiating evidence regarding the requirements enumerated in !"#$%&'())*J,H*,+*I. D. Coordination with Site Plan Review. 1. Process. The Planning Commission shall consider the site plan and conditional use application simultaneously, and shall act upon the conditional use prior to any action on the site plan. E. Submission of a Completed Plan. The conditional use application materials, required fees, and 4 copies of the completed site plan shall be submitted to the Director of Planning for review.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
3. Prevent adverse impact on adjoining or nearby properties.
Title 5 Parking
2. Achieve efficient use of the land.
Title 6 Landscaping
1. Ensure full compliance with the standards contained in this Ordinance and other applicable local ordinances, and state and federal laws.
Title 7 Signs
The procedures and standards in this Chapter are intended to provide a consistent and uniform method for review of conditional use proposals. Conditional uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district. These review procedures and standards are intended to accomplish the following purposes:
Title 8 Administration
A. Purpose. This Chapter is established to provide for issuance of conditional zoning certificates where conditionally permitted uses are provided for in this Zoning Ordinance (refer to A1?8"(+*((M5"5(O"3E%$$"6(?>( P%5$3%#$).
Title 9 Subdivisions
Section 11.805.01 1153.01 PURPOSE
Title 10 LID Standards
Conditional Land Use Review
Title 11 Definitions
Chapter 11.805
Table of Contents
Conditional Land Use Review Chapter 11.805
173
Title 8 Administration Chapter 11.805 Conditional Land Use Review Table of Contents
F. Review by City Officials. The Director of Planning and other appropriate City officials shall review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.
Title 1 Purpose & Scope
G. Submission of a Revised Plan and Conditional Use Application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Director of Planning(1%0-8+-*?%%B5-% applicant shall then submit 23 copies of the revised plan (one original and 22 copies) for further review by staff and the Planning Commission.
Title 2 Districts & Uses
H. Planning Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures: 1. Acceptance for Processing. The application shall be placed on the agenda of the next available scheduled Planning Commission meeting.
Title 3 Special Districts
2. Notification. The Planning Commission shall hold a meeting after at least one publication of notice in a newspaper of general circulation in the City. The notice shall be published at least 10 days prior to the date of the meeting, and shall indicate the place, time and subject of the meeting. Written notice of the meeting shall be sent by certified mail return receipt requested at least 10 calendar days prior to the meeting to the applicant and owners of property located within 250 feet of any part of the subject property, including all properties contiguous to and directly across the street.
Title 4 Gen. Provisions
3. Planning Commission Review. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this Zoning Ordinance.
Title 5 Parking
4. Plan Revision. If the Planning Commission determines that revisions are necessary to bring the conditional use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the conditional use proposal shall be placed on the agenda of the next available scheduled meeting of the Planning Commission for further review and possible action.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
174
I.
Planning Commission Determination. The Planning Commission shall review the application for conditional use, together with the 70-8+#;1%<--$+/91( findings and reports and recommendations from the Director of Planning, City Engineer, public safety officials, and other reviewing agencies. The Planning Commission shall then make a determination on the conditional use application, based on the requirements and standards of this Ordinance. The Planning Commission may approve, approve with conditions, or deny a conditional use request as follows: 1. Approval. Upon determination by the Planning Commission that the final plan for conditional use is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted. 2. Approval with Conditions. The Planning Commission may impose reasonable conditions with the approval of a conditional use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements: a. Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole. b. Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity. c. Conditions shall be necessary to meet the intent and purpose of this Ordinance, related to the standards established in this Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards. 3. Denial. Upon determination by the Planning Commission that a conditional use proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the conditional use proposal shall be denied.
City of Streetsboro
Administration Title 8
N. Expiration of Conditional Use Approval. The conditional zoning certificate shall become void at the expiration of one year after the date of issuance unless construction is started. A new application for conditional use shall be required upon expiration of a previous approval. Upon written request from the applicant, a 12 month extension may be granted by the Planning Commission, if it finds that the approved conditional use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for conditional use review will be required. O. Rescission of Conditional Use Approval. Approval of a conditional use proposal and site plan may be rescinded by the Planning Commission if construction is not in conformance with the approved plans. In addition, the breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance. 1. Consideration and Notice. Should rescission be considered, the Director of Planning shall ask that the conditional use proposal be placed on the agenda of the Planning Commission. The Planning Commission shall notify by certified mail return receipt requested the original applicant and/or project representative of the date, time and place of the meeting at least 20 days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The Planning Commission, as appropriate, may rescind approval if it finds that a violation exists and has not been remedied prior to the meeting. 2. Certify Correction Prior to Occupancy Permit. In the event that the Planning Commission decides to rescind approval, the occupancy permit shall not be issued until the Planning Commission certifies that the violation(s) has been corrected.
Section 11.805.03 1153.03 BASIS OF DETERMINATION A. Conformance with Requirements. The applicant shall be required to establish by clear and convincing evidence that the applicable standards of this Zoning Ordinance, this Chapter, the specific standards pertinent to each conditional use, including site plan review criteria set forth for applicable site development standards for specific uses set forth elsewhere in this ordinance (refer to /012$"3())*-,.D(P"@"8&2E"'$( !$1'61365(9&3(!2"#%9%#(M5"5) have been met. B. General Standards. The Planning Commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards: 1. Compatibility with Adjacent Uses. The proposed conditional use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
4. Acquisition of all other applicable City, county, or state permits.
Title 5 Parking
3. Final approval of the engineering plans.
Title 6 Landscaping
2. Final approval of the site plan.
Title 7 Signs
1. Final approval of the conditional use application.
Title 8 Administration
M. Application for a Building Permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:
Title 9 Subdivisions
L. Board of Appeals Authority. The Board of Appeals shall not have the authority to consider an appeal of a decision by the Planning Commission concerning a conditional use proposal.
Title 10 LID Standards
K. Effect of Approval. Upon approval, a conditional use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located.
Title 11 Definitions
J. Recording of Planning Commission Action. Each action taken with respect to a conditional use shall be duly recorded in the minutes of the Planning Commission. The minutes shall record the findings of fact relative to each conditional use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.
Table of Contents
Conditional Land Use Review Chapter 11.805
175
Title 8 Administration Chapter 11.805 Conditional Land Use Review Table of Contents
minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:
Title 1 Purpose & Scope
a. The location and screening of vehicular circulation and parking areas in relation to surrounding development. b. The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
Title 2 Districts & Uses
c. The hours of operation of the proposed use. Approval of a conditional use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses. d. The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.
Title 3 Special Districts
2. Comprehensive Plan. The proposed conditional use will be harmonious with and in accordance with the general objectives or with any specific objective of the Streetsboro Comprehensive Plan of current adoption.
Title 4 Gen. Provisions
3. Compliance with Applicable Regulations. The proposed conditional use shall be in compliance with all applicable federal, state, and local laws and ordinances. 4. Use of Adjacent Property. The proposed conditional use shall not interfere with the use and enjoyment of adjacent property.
Title 5 Parking
5. Public Services. The proposed conditional use will be served adequately by essential public facilities and services including but not necessarily limited to utilities, highways, streets, police and fire protection, drainage structures, refuse disposal, and school; unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the conditional use is completed.
Title 6 Landscaping
6. Impact of Traffic. The location of the proposed conditional use shall, within the zoning district, minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following: a. Proximity and access to major thoroughfares. b. Estimated traffic generated by the proposed use.
Title 7 Signs
c. Proximity and relation to intersections. d. Adequacy of driver sight distances.
Title 8 Administration
e. Location of and access to off-street parking. f. Required vehicular turning movements. g. Provision of pedestrian traffic.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
176
7. Enhancement of Surrounding Environment. The proposed conditional use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to: a. The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this Ordinance may be required as a condition of approval of a conditional use. b. The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses. 8. Impact on Public Health, Safety, and Welfare. The proposed conditional use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or
City of Streetsboro
Administration Title 8
Section 11.805.04Â 1153.04 REGULATIONS PERTAINING TO CONDITIONAL USES
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
For uses listed as conditionally permitted in A1?8"(+*((M5"5(O"3E%$$"6(?>(P%5$3%#$, in addition to complying with the general standards set forth in !"#$%&'())*J,H*,+*I, an application for a conditional use certificate shall not be approved unless all applicable conditions and standards of /012$"3())*-,.(KP"@"8&2E"'$(!$1'61365(9&3(!2"#%9%#( M5"5) are complied with for each conditional use, in addition to all applicable district regulations.
Title 2 Districts & Uses
9. Isolation of Existing Uses. The location of the proposed conditional use shall not result in a small residential area being substantially surrounded by non-residential development, and further, the location of the proposed conditional use shall not result in a small non-residential area being substantially surrounded by incompatible uses.
Title 3 Special Districts
designed in a manner that is detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, light, and environmental impact.
Table of Contents
Conditional Land Use Review Chapter 11.805
Draft Zoning Ordinance: February 15, 2012
177
Title 8 Administration Chapter 11.806 Variances and Appeals Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
178
Chapter 11.806
Variances and Appeals
Section 11.806.01 INTENT AND PURPOSE A. Intent*((The purpose of this chapter is to provide guidelines and standards to be followed by the Board of Appeals in considering requests for variances and appeals, where the jurisdiction of the Board of Appeals has been established by !"#$%&'())*),)*,)*Y or by the Revised Code. B. Purpose of Variances and Appeals. 1. Variances?%%Q5-0-%$5-0-%20-%D702.$+.23%,+""+.;3$+-1E%&"#0%20-2%820+2/.-1):%D;//-.-1120>%520,15+71E%&"#0% ;1-%820+2/.-1):%D720$+.;320%520,15+71E%&"#0%1+9/%820+2/.-1)%#0%D;/;1;23%#0%-C.-7$+#/23%"2.$#01E%&"#0% subdivision variances) preventing a property owner from conforming with the strict letter of this Ordinance, the Board of Appeals shall have the power to authorize variances from the standards in this Ordinance, with such conditions and safeguards as it may determine to be necessary so that the spirit of this Ordinance is observed, public safety secured, and substantial justice done. 2. Appeals. Generally, an appeal may be taken to the Board of Appeals by a person, or by any office, department, board, or bureau aggrieved by a decision of any administrative or enforcement official or body charged with enforcement of this Ordinance. An appeal must be filed within 20 days of issuance of the applicable written decision, and such appeal shall be made on forms made available by the Director of Planning.
Section 11.806.02 STAY OF PROCEEDINGS An appeal to the Board of Appeals shall stay enforcement proceedings in furtherance of the appealed action, unless the Director of Planning certifies to the Board of Appeals, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by an injunct+#/%902/$-,%6>%$5-%J#;0$%#"%J#<<#/%@3-21?%%G%1$2>%#"%70#.--,+/91%15233%/#$%1$2>%$5-%J+$>(1%2;$5#0+$>%$#%+11;-% a stop work order on a project that may be in progress and being performed in a manner that is not in conformance with applicable ordinances and regulations. Also, it shall not stay a project when the appeal is brought by a third-party contesting the issuance of a permit.
Section 11.806.03 STANDING A. Variance Standing. Only a property owner or his/her duly authorized representative may file an application for a variance. If more than one person owns a property, all owners must sign the application. When more than one person owns a property they may authorize one representative to file and process an application on their behalf. B. Appeal Standing. Any formal act of interpretation or administration taken by the Director of Planning may be appealed by the applicant, by any office, department, board, or bureau aggrieved by a decision of any administrative or enforcement official or body charged with enforcement of this Ordinance. A concerned citizen or property owner does not have standing to appeal unless he or she can demonstrate he or she is adversely and directly affected by the decision in a manner different from the affect generally felt by the public at large.
Section 11.806.04 APPLICATION TO THE BOARD OF APPEALS Variances and appeals for which Board of Appeals action is sought shall be commenced by a person filing an application to the Board on forms as specified by the Director of Planning and accompanied by required fees. A. Grounds for Appeal. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signatu0-%#"%$5-%70#7-0$>%#*/-0%#0%#*/-0(1%29-/$?%%
City of Streetsboro
Administration Title 8
D. Complete. Variance and appeals applications must be complete before they will be accepted and processed.
Section 11.806.05 1105.12 APPLICATION REQUIREMENTS A. Variance Application. 1. Contents. In order to be complete, a variance application must contain the following information, where applicable: a. A completed application form. b. The application must be signed by all owners of the property.
Title 1 Purpose & Scope
2. Appeals. Applications for appeals shall be filed with the Director of Zoning/Zoning Inspector within 20 business days of the Board of Zoning and Building Appeal(1%2.$+#/1?
Title 2 Districts & Uses
1. Variances. Variance applications must be submitted to the Director of Planning at least 20 days prior to the Board of Appeals meeting.
Title 3 Special Districts
C. Timeframe.
Title 4 Gen. Provisions
B. Sections Applicable to Variance. Applications involving a request for a variance shall specify the section number(s) containing the standards from which a variance is sought and the nature and extent of such variance.
Table of Contents
Variances and Appeals Chapter 11.806
e. A site plan drawn to scale with a northpoint showing property lines, building lines, and the location of all buildings or structures, parking areas, driveways, and other site improvements on the property and within 50 feet of the site. f. Zoning cla11+"+.2$+#/%#"%$5-%7-$+$+#/-0(1%720.-3%2/,%233%26;$$+/9%720.-31?
Title 6 Landscaping
d. Property tax identification number(s), and address of the property for which a variance is being sought.
Title 5 Parking
c. The name, address, phone number and signature of the person authorized by the owner(s) to be the representative.
j.
A statement demonstrating the variance requested is the minimum necessary to alleviate the difficulty and will not be detrimental to the public health, safety and welfare.
k. Any additional information required by the Director of Planning or the Board of Appeals to make the determination requested herein. Where an application to the Board of Appeals involves a variance sought in conjunction with a site plan review by the Planning Commission, the application data requirements for site plan review as set forth in this Ordinance shall be followed. B. Appeals Application. 1. Contents. In order to be complete a appeals application must contain the following information, where applicable:
Title 8 Administration
The exact nature of the variance being requested.
Title 9 Subdivisions
i.
Title 10 LID Standards
h. A statement indicating conditions which are peculiar to the subject property and are not characteristic of nearby properties in the same zoning district thereby creating practical difficulty.
Title 7 Signs
g. A statement indicating why the variance is necessary.
b. The decision or part of the decision that is being appealed. c. A clear and concise statement of the decision appellant wants the Board of Appeals to make.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
a. The provision which was the subject of the Director of Planning(1%,-.+1ion.
179
Title 8 Administration Chapter 11.806 Variances and Appeals Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
180
d. Reasons why the Director of Planning(1%2.$+#/%*21%+/2770#70+2$-? e. Reasons indicating why the relief requested by the appellant in subsection c, above, is appropriate.
Section 11.806.06 1105.14 PUBLIC HEARING BY THE BOARD OF APPEALS The Board shall hold a public hearing within 30 days after receipt of an application for an appeal or variance. A. Notice to Parties of Interest 1. Timeframe; Recipient. Written notice of the public hearing shall be sent by the Board of Appeals at least 10 calendar days prior to the hearing. Such written notice shall be provided by certified mail return receipt requested to the applicant and owners of property, all property owners within and contiguous to and directly across the street, and within 250 feet of any part of the parcel(s) which are subject to the appeal or variance. 2. Newspaper Notice. The notice of such hearing shall be given in a newspaper of general circulation in the City and shall set forth the time, place and nature of the proposed appeal or variance. 3. Tax Duplicate. Notices shall be sent to addresses of property owners as appearing on the current tax duplicate of the County. 4. Failure to Deliver. Failure of delivery of such notice shall not invalidate the action of the Board of Appeals. 5. City Notified. Other interested parties such as the Mayor, Planning Commission and City Council shall also be notified of the hearing. B. Hearing Continuation. The Board of Appeals members may recess such public hearing as necessary to gather additional information or evidence needed to make a decision. If the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.
Section 11.806.07 STANDARDS FOR VARIANCES AND APPEALS Variances and appeals shall be granted only in accordance with and based on the findings set forth in this section. The burden of proof for variances and appeals shall be upon the applicant. The extent to which the following factors, standards, and criteria apply to a specific case shall be determined by the Board of Appeals. A. M2.$#01%G773+.263-%$#%G0-2%[20+2/.-1%&D702.$+.23%,+""+.;3$+-1E). The applicant shall show by a preponderance of the evidence that the variance is justified, as determined by the Board of Appeals. The Board of Appeals shall weigh the following factors to determine whether an area variance should be granted: 1. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; 2. Whether the variance is insubstantial; 3. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance; 4. Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage); 5. Whether the property owner purchased the property with knowledge of the zoning restrictions; 6. Q5-$5-0%$5-%70#7-0$>%#*/-0(1%70-,+.2<-/$%"-21+63>%.2/%6-%#68+2$-,%$50#;95%1#<-%<-$5#,%#$5-0%$52/%2% variance; and/or 7. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
City of Streetsboro
Administration Title 8
2. The hardship condition is not created by actions of the applicant; 3. The granting of the variance will not adversely affect the rights of adjacent owners; 4. The granting of the variance will not adversely affect the public health, safety or general welfare; 5. The variance will be consistent with the general spirit and intent of this Ordinance;
Title 1 Purpose & Scope
1. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
Title 2 Districts & Uses
B. H$2/,20,1%G773+.263-%$#%\1-%[20+2/.-1%&D;//-.-1120>%520,15+71E). The applicant shall demonstrate by clear and convincing evidence that all of the following standards have been met in order to justify the granting of a use variance, as determined by the Board of Appeals:
Table of Contents
Variances and Appeals Chapter 11.806
C. J0+$-0+2%G773+.263-%$#%H+9/%[20+2/.-1%&D720$+.;320%difficultiesE). The applicant shall show by a preponderance of the evidence that the variance is justified, as determined by the Board of Appeals. The Board of Appeals shall weigh the following factors to determine whether a sign variance should be granted: 1. Construction of a conforming sign would obstruct the vision of motorists or otherwise endanger public health or safety;
Title 4 Gen. Provisions
7. There is no other economically viable use which is permitted in the zoning district.
Title 3 Special Districts
6. The variance sought is the minimum which will afford relief to the applicant; and
5. The exception shall not adversely impact the character or appearance of the building or lot or the neighborhood; 6. The variance sought is the minimum necessary to allow reasonable use, visibility, or readability of the sign; and/or
Title 6 Landscaping
4. A sign that exceeds the allowable height or area standards of this Ordinance would be more appropriate in scale because of the large size or frontage of the premises or building;
Title 7 Signs
3. Construction of a conforming sign would require removal or severe alteration to significant features on the site, such as removal of trees, alteration of the natural topography, obstruction of a natural drainage course, or alteration or demolition of significant historical features or site amenities;
Title 5 Parking
2. A conforming sign would be blocked from the sight of passing motorists due to existing buildings, trees or other obstructions;
D. Criteria Applicable to Appeals. The Board of Appeals shall reverse an order of a zoning official only if it finds that the action or decision appealed: 1. was arbitrary or capricious; or
Title 8 Administration
7. The variance will be consistent with the general spirit and intent of this Ordinance
Section 11.806.08 1105.18 ACTION BY THE BOARD OF APPEALS The concurring vote of 4 members of the Board of Appeals shall be necessary to reverse an order, requirement, decision, or determination of the administrative official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to effect any variation in an ordinance adopted pursuant to the Revised Code. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. To that end, the Board of Appeals shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit. With an affirmative decision, the Board of Appeals may impose conditions.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
4. constituted an abuse of discretion.
Title 11 Definitions
3. was based on erroneous interpretation of this Ordinance or zoning law; or
Title 9 Subdivisions
2. was based on an erroneous finding of a material fact; or
181
Title 8 Administration Chapter 11.806 Variances and Appeals Table of Contents
Section 11.806.09 1105.09 APPEAL ON DECISION OF THE BOARD OF APPEALS
Title 1 Purpose & Scope
The decision of the Board of Appeals shall be final, but the City with approval by Council or any person having an interest affected by a decision of the Board of Appeals may appeal to the Court of Common Pleas, and to any Court of final jurisdiction. The appeal must be made within 10 days of the Board of Appeals( decision.
Section 11.806.10 RECORD OF DECISION AND ORDER
Title 2 Districts & Uses
A. Record. The Board of Appeals shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include, as may be applicable: 1. The relevant administrative records and the administrative orders issued thereon relating to the appeal. 2. The notice of the appeal or variance.
Title 3 Special Districts
3. Such documents, exhibits, plans, photographs, or written reports as may have been submitted to the Board of Appeals for its consideration.
Title 4 Gen. Provisions
Section 11.806.11 APPROVAL PERIOD
Title 5 Parking
The written findings of fact, the decisions, and the conditions imposed by the Board of Appeals in acting on the appeal or variance shall be entered into the official record, after being signed by the Clerk of the Planning Department.
If construction has not commenced within 12 months after the Board of Appeals grants a variance to permit the erection or alteration of a building, then the variance shall become null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the Planning Commission.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
182
City of Streetsboro
Administration Title 8
Section 11.807.02 NONCONFORMING USES OF LAND G33%/#/.#/"#0<+/9%;1-1%#"%32/,%$52$%528-%6--/%,-1+9/2$-,%21%DJ3211%GE%6>%J+$>%2.$+#/%15233%/#$%6-%1;6N-.$%$#%$5-% requirements of this Section, but rather shall be subject to the provisions of !"#$%&'())*J,Q*,G (Class A Nonconforming Designations)?%%O#/.#/"#0<+/9%;1-1%#"%32/,%/#$%,-1+9/2$-,%DJ3211%GE%15233%6-%.#/1+,-0-,%DJ3211% IE%2/,%15233%6-%233#*-,%$#%.#/$+/;-%2"$-0%$5-%-""-.$+8-%,2$-%#"%$5+1%F0,+/2/.-%or amendments thereto, subject to the requirements of this Section. A. Class B nonconforming uses of land shall be allowed to continue after the effective date of this Ordinance or amendments thereto, subject to the following conditions: 1. Compliance with other applicable standards. The owner, operator or person having beneficial use of land occupied by a Class B nonconforming use of land shall demonstrate that the use is maintained in compliance with all applicable federal, state, county and City laws, ordinances, regulations and codes, other than the use regulations of this Ordinance for the district where the use is located. 2. Expansion prohibited* The use shall not be enlarged, increased in intensity, extended to occupy a greater area of land or building floor area, or moved in whole or in part to any other portion of the lot or structure. No additional signage shall be permitted. 3. Additional structures prohibited. No additional structures may be constructed in association with a Class B nonconforming use of land. If a structure associated with a Class B nonconforming use is removed, or damaged by any means to an extent that the repair cost is greater than the current assessed value per the Portage County Auditor(1%0-.#0,1, the nonconformity shall be deemed removed and subsequent uses of such land shall conform to ordinance provisions for the district where it is located. 4. Cessation of Class B nonconforming uses of land* Whenever a Class B nonconforming use of land ceases (i.e. abandoned) the Zoning Inspector shall first document the date of abandonment. If the Class B nonconforming use is replaced by a conforming use or ceases for a period of more than 6 months, the Class B nonconforming use may not be resumed and subsequent uses of land shall conform to the use provisions for the district where it is located.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
D. Establish classifications. To recognize that certain nonconformities may not have a significant adverse impact upon nearby properties or the public health, safety and welfare. Accordingly, this Chapter establishes 2 classes of nonconforming structures and uses of land. Class A nonconforming status may be granted by the City, allowing the property or use to be perpetuated and improved subject to specific conditions designed to enhance the character of the neighborhood and to protect adjacent properties. Class B nonconformities are not desirable and the intent of this Chapter is to eliminate Class B nonconformities as rapidly as possible and permitted by law.
Title 5 Parking
C. Termination. To require the termination and removal of illegal structures or uses of land.
Title 6 Landscaping
B. Regulation. To regulate the use and development of nonconforming lots of record, the completion, restoration and reconstruction of nonconforming structures, the re-development and improvement of nonconforming sites, the extension, enlargement and substitution of nonconforming uses of land, and the circumstances and conditions under which nonconformities shall be permitted to continue.
Title 7 Signs
A. Recognition. To recognize that within the districts established by this Ordinance there exist lots of record, structures, sites and uses of land that were lawful prior to the effective date of adoption or amendment of this Ordinance, but would be incompatible with permitted uses in the district and are therefore prohibited, regulated, or restricted under the terms of this Ordinance.
Title 8 Administration
This Chapter is established for the following purposes:
Title 9 Subdivisions
Section 11.807.01 1157.01 INTENT AND PURPOSE
Title 10 LID Standards
Nonconformities
Title 11 Definitions
Chapter 11.807
Table of Contents
Nonconformities Chapter 11.807
183
Title 8 Administration Chapter 11.807 Nonconformities Table of Contents
Section 11.807.03 NONCONFORMING STRUCTURES
Title 1 Purpose & Scope
G33%/#/.#/"#0<+/9%1$0;.$;0-1%$52$%528-%6--/%,-1+9/2$-,%21%DJ3211%GE%15233%/#$%6-%1;6N-.$%$#%$5-%0-K;+0-<-/$1%#"% this Section, but rather shall be subject to the provisions of !"#$%&'())*J,Q*,G (Class A Nonconforming Designations). Nonconforming structures /#$%,-1+9/2$-,%DJ3211%GE%15233%6-%.#/1+,-0-,%DJ3211%IE%2/,%15233%6-% allowed to continue after the effective date of this Ordinance or amendments thereto, subject to the following conditions:
Title 2 Districts & Uses
A. Expansion restricted. No such structure may be enlarged or altered in a way that increases its nonconformity. Such structures may be enlarged or altered in a manner that does not increase its nonconformity. By way of example, a structure that does not conform to the front yard setback requirements, but does comply with the rear and side yard setback requirements of the zoning district in which it is located may be enlarged by adding onto the back or side of the structure, but could not be enlarged by adding on to the front of the structure.
Title 3 Special Districts Title 4 Gen. Provisions
B. Normal repairs and maintenance. This Chapter shall not prevent work required for compliance with the provisions of any building code in effect in the City, or Ohio housing laws regulating the maintenance of buildings or structures. Normal repair, maintenance or replacement of interior non-bearing walls, fixtures, wiring, plumbing or heating and cooling systems in Class B nonconforming structures may be permitted in accordance with applicable code requirements, provided that such improvements do not result in an enlargement of a nonconforming structure, and provided that the cost of such improvements does not exceed the current assessed value per the Portage County Auditor(1%0-.#0,1 of the property at the time such work is proposed.
Title 5 Parking
C. Buildings under construction. Nothing in this Chapter shall require a change in the plans, construction or designated use of any building or structure for which construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and diligently carried on until completion. Construction shall include the placement of materials in a permanent manner or demolition and removal of an existing structure preparatory to rebuilding in accordance with an approved site plan.
Title 6 Landscaping
D. Damaged or unsafe structures shall be removed. Class B nonconforming structures that are declared to be physically unsafe by the Building Inspector, Zoning Inspector, Director of Planning or other City staff or department, or otherwise damaged or destroyed by any means to an extent that the repair cost is greater than the current assessed value per the Portage County Auditor(1%0-.#0,1 of the property shall not thereafter be restored, repaired or rebuilt except in complete conformance with the requirements of this Ordinance.
Section 11.807.04 NONCONFORMING LOTS OF RECORD Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
184
Existing lots of record, as defined in A%$8"()) (Definitions), that are not in compliance with the dimensional requirements of this Ordinance shall only be used, developed or otherwise improved with principal or accessory structures in accordance with the following: A. Division of lots of record. A lot of record shall not be divided in a manner that would increase its nonconformity, cause an existing structure or site improvement to become nonconforming, or create one or more nonconforming lots. B. Combination of nonconforming lots of record. 1. Where possible, nonconforming lots of record shall be combined to create lots that comply with the dimensional requirements of this Ordinance. 2. Nothing in this Ordinance shall prohibit 2 or more nonconforming lots of record from being combined to create a parcel that does not meet one or more requirements of this Ordinance. C. Use of nonconforming lots of record. Use of a nonconforming lot of record shall be subject to the regulations of this Ordinance for the district where it is located. D. Lots in the Single Family Residential districts. A single-family dwelling and customary accessory buildings may be erected in accordance with all applicable requirements of this Ordinance on a nonconforming lot of record in districts where permitted, provided that all required yard dimensions and setbacks, other than minimum lot area or width, shall conform to the regulations for the district where the lot is located.
City of Streetsboro
Administration Title 8
B. Resolve Public Safety Deficiencies. The proposed site improvements shall resolve public safety deficiencies, including building and fire code violations, emergency access and pedestrian/vehicle conflicts. C. Improvements. The proposed site improvements shall include exterior lighting, landscaping, screening and building improvements that are in reasonable proportion to the scale and construction cost of proposed building improvements, expansions or other improvements. D. Sidewalks. The proposed site improvements shall include the installation, restoration or expansion of sidewalks within and through the site, where appropriate. E. Timeline for Completion. A timeline for completion of site improvements to an existing nonconforming site, not to exceed one year, shall be approved as part of any plan approval. Failure to complete improvements in accordance with an approved timeline shall be deemed a violation of the approved site plan.
Title 1 Purpose & Scope Title 2 Districts & Uses
A. Decrease Nonconformity. A nonconforming site shall not be improved or modified in a manner that increases its nonconformity.
Title 3 Special Districts
The purpose of this Section is to encourage improvements to existing sites in the City that were developed before various site design standards of this Ordinance were established or amended. This Section establishes standards for prioritizing improvements to existing sites that are intended to gradually bring the site into compliance with current Ordinance standards. Nonconforming sites may be improved or modified without a complete upgrade of all site elements, subject to the following conditions:
Title 4 Gen. Provisions
Section 11.807.05 NONCONFORMING SITES
Table of Contents
Nonconformities Chapter 11.807
2. Public hearing. A public hearing shall be held for all requests for a Class A nonconforming designation in accordance with the following: a. The Planning Commission shall hold a public hearing after at least one publication of notice in a newspaper of general circulation in the City. The notice shall be published at least 10 days prior to the date of the hearing, and shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail return receipt requested at least 10 calendar days prior to the hearing to the applicant and owners of property located within 250 feet of any part of the subject property, including all properties contiguous to and directly across the street. B. Conditions for approval of a Class A designation. Subsequent to a public hearing, the Planning Commission may grant a Class A designation upon finding that all of the following conditions exist:
Title 6 Landscaping Title 7 Signs
1. Application. Applications for consideration of a Class A designation for a nonconforming structure or use of land may be initiated by the City, or by the owner, operator or person having beneficial use of the lot occupied by the nonconforming structure or use of land. The application shall include the 2773+.2/$(1%/2<-:%2,,0-11%2/,%$-3-75#/-%/;<6-01:%2/,%$5-%0-21#/s for the request.
Title 8 Administration
A. Procedure. The procedure for considering all Class A nonconforming designations shall be as follows:
Title 9 Subdivisions
It is the intent of this Section to recognize that certain nonconforming structures and uses of land may not have a significant adverse impact upon nearby properties or the public health, safety and welfare, and to allow the @32//+/9%J#<<+11+#/%$#%-1$263+15%2%DJ3211%GE%/#/.#/"#0<+/9%1$2$;1%"#0%$5-1-%/#/.#/"#0<+/9%1$0;.$;0-1%#0%;1-1%#"% land, subject to the following procedure and standards:
Title 5 Parking
Section 11.807.06 CLASS A NONCONFORMING DESIGNATION
3. The nonconformity is not contrary to the public health, safety and welfare. 4. No useful purpose would be served by strictly applying the requirements for a Class B nonconformity under this Ordinance. 5. The intent of the Comprehensive Plan in the immediate area.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
2. The nonconformity would not significantly depress the value of nearby properties.
Title 10 LID Standards
1. The structure or use of land is nonconforming.
185
Title 8 Administration Chapter 11.807 Nonconformities Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
186
6. The purpose and intent of the existing zoning districts which abut the nonconforming structure or use. 7. A recommendation from the Director of Planning based on a review of the intensity of use characteristics. 8. The impact of the existing nonconforming structure or use on adjacent properties and the immediate area. 9. Any additional data from the applicant that the Planning Commission requires to evaluate the intensity of use or impact of the structure at the applicant's expense. C. Effect of approval of a Class A designation. Class A nonconformities shall be permitted to be perpetuated and expanded in accordance with an approved site plan, subject to the provisions of this Section and any conditions of approval. Class A nonconforming structures shall be permitted to be perpetuated, expanded, improved or rebuilt if damaged or destroyed in accordance with an approved site plan, subject to the provisions of this Section and any conditions of approval. Any building expansions shall conform to the requirements of this Ordinance. D. Effect of denial of a Class A designation. An application for a Class A designation that has been denied by the Planning Commission may not be appealed to the Board of Appeals, but may be resubmitted for Planning Commission consideration after a minimum of 365 days have elapsed from the date of denial. E. Cessation or removal of Class A nonconforming structures or uses of land. 1. Removal. When a Class A nonconforming structure is permanently removed, or when a Class A nonconforming use of land is replaced by a conforming use, the designation shall be deemed removed. Any subsequent structure or use of land shall conform to Ordinance provisions for the district where it is located. 2. Cessation. Whenever a nonconforming structure or use of land is discontinued (i.e. abandoned) the Zoning Inspector shall first document the date of abandonment. No Class A nonconforming structure or use of land shall be resumed if it has been discontinued for 6 consecutive months or 18 months in any 3-year period. F. Rescinding approval of a Class A designation. Failure of the owner, operator or person having beneficial use of a lot occupied by a Class A designated nonconforming structure or use of land to maintain or improve the site in accordance with the provisions of this Section, an approved site plan or any conditions of approval shall be grounds for the Planning Commission to rescind the Class A designation. Such action shall be subject to the following. 1. Public hearing. Such action may be taken only after a public hearing has been held in accordance with the following procedures, at which time the owner, operator or person having beneficial use of land occupied by a Class A designated nonconforming structure or use of land shall be given an opportunity to present evidence in opposition to rescission. a. The Planning Commission shall hold a public hearing after at least one publication of notice in a newspaper of general circulation in the City. The notice shall be published at least 10 days prior to the date of the hearing, and shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail return receipt requested at least 10 calendar days prior to the hearing to the applicant and owners of property located within 250 feet of any part of the subject property, including all properties contiguous to and directly across the street. 2. Determination. Subsequent to the hearing, the decision of the Planning Commission with regard to the rescission shall be made and written notification provided to said owner, operator or person having beneficial use of land occupied by a Class A designated nonconforming structure or use of land. G. Existing residential dwellings. Residential dwellings, which are so used and so existing in non-residential zoning districts before the effective date of adoption or amendment of this Ordinance, are hereby designated as Class A nonconforming uses of land. Such dwellings and accessory structures may be used, repaired, expanded and replaced if destroyed, subject to the following conditions:
City of Streetsboro
Administration Title 8
1. Signs. If the application was initiated by the owner or person having beneficial use of the lot occupied by the nonconforming structure or use of land, the Planning Commission may require that all signs on $5-%1$0;.$;0-%#0%32/,%+/%K;-1$+#/%6-%60#;95$%+/$#%.#<73+2/.-%*+$5%$5-%J+$>(1%1+9/%0-9;32$+#/1? 2. Plan for site improvements. If the application was initiated by the owner or person having beneficial use of the lot occupied by the nonconforming structure or use of land, the Planning Commission may require that a site plan for improvements be submitted for review that addresses the priorities for site improvements listed in !"#$%&'())*J,Q*,H (Nonconforming Sites). 3. Screening. Screening and landscaping shall be provided in keeping with community standards to provide compatibility with adjacent uses. 4. Negative Impacts. Effects which may have a negative impact such as lighting, noise or visual impact shall be minimized. 5. Parking Limitation. Where such use is in close proximity to homes, parking shall not be permitted to utilize curb side parking to an extent greater than the immediate property frontage of the nonconforming use.
Title 1 Purpose & Scope Title 2 Districts & Uses
H. Conditions of Class A Designation. The Planning Commission may attach reasonable conditions to a Class A nonconforming designation, including the following:
Title 3 Special Districts
4. Other Regulations. The use, dwelling and accessory structures shall be maintained in conformance with all other applicable federal, state, county and City laws, ordinances, regulations and codes.
Title 4 Gen. Provisions
3. Use. The use of the dwelling and associated parcel of land shall be maintained in conformance with the use provisions specified in this Ordinance for the same type of residential dwelling or structure.
Title 5 Parking
2. Destruction. If an existing structure is destroyed, any replacement dwelling or accessory structure shall conform to all applicable yard dimensions, setbacks and other requirements specified in this Ordinance for the same type of residential dwelling or structure.
Title 6 Landscaping
1. Expansion. Any expansion of the dwelling or accessory structures shall conform to all applicable yard dimensions, setbacks and other requirements specified in this Ordinance for the same type of residential dwelling or structure.
Table of Contents
Nonconformities Chapter 11.807
1. The Planning Commission shall hold a public hearing after at least one publication of notice in a newspaper of general circulation in the City. The notice shall be published at least 10 days prior to the date of the hearing, and shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail return receipt requested at least 10 calendar days prior to the hearing to the applicant and owners of property located within 250 feet of any part of the subject property, including all properties contiguous to and directly across the street. B. Conditions of Approval. On such a request, and subsequent to a public hearing, the Planning Commission may grant approval of such a request upon finding that all of the following conditions exist: 1. Appropriateness. The proposed nonconforming use of land is equally appropriate or more appropriate to the district than the existing use. Where a nonconforming use of land is changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration Title 9 Subdivisions
A. Petition. Upon petition, the Planning Commission may approve a request to substitute one nonconforming use of land for another nonconforming use of land on the same site. The Planning Commission shall hold a public hearing in accordance with the following procedures:
Title 10 LID Standards
Section 11.807.07 SUBSTITUTION OF NONCONFORMING USES OF LAND
Title 11 Definitions
7. Other conditions. The Planning Commission may attach conditions to the approval to assure that the structure or use of land does not become contrary to the purpose of this Chapter and Ordinance, or the public health, safety and welfare.
Title 7 Signs
6. Building Materials. The exterior building materials utilized in any alteration to the building shall be harmonious with materials on abutting properties whenever practical.
187
Title 8 Administration Chapter 11.807 Nonconformities Table of Contents
2. Signage. Signage associated with the proposed nonconforming use of land shall be brought into compliance with City requirements.
Title 1 Purpose & Scope
3. Plan for site improvements. A site plan has been submitted including improvements that are satisfactory to the Planning Commission. The Planning Commission may require improvements to landscaping, site design and layout, pedestrian access, building materials, screening, off-street parking, exterior lighting or other improvements as deemed necessary to protect surrounding uses. 4. Other conditions. Other conditions may be attached to the approval to assure that the use of land does not become contrary to the public health, safety or welfare, or the spirit and purpose of this Ordinance.
Title 2 Districts & Uses
Section 11.807.08 CHANGE OF TENANCY OR OWNERSHIP There may be a change of tenancy, ownership or management of an existing lawful nonconforming use, provided there is no change in the nature or character of such nonconforming use.
Title 3 Special Districts
Section 11.807.09 APPEALS
Title 4 Gen. Provisions
All appeals of actions, orders, requirements, permits or determinations made by the Zoning Inspector, Planning Commission, or duly authorized agents charged with the administration or enforcement of this Chapter, other than Class A nonconforming designations, shall be taken to the Board of Appeals in accordance with /012$"3())*J,G( (Variances and Appeals) of this Ordinance.
Title 5 Parking
Section 11.807.10 CESSATION OF A NONCONFORMING USE OF LAND BY CITY ACTION
Title 6 Landscaping
The elimination of Class B nonconforming structures and uses of land shall be considered to be for a public purpose and for a public use. The City Council shall have the authority to institute and prosecute proceedings for the condemnation of Class B nonconforming uses and structures under the power of eminent domain, as permitted by law (Ohio Constitution, Article 1, Section 19; ORC Section 719.01, 717.05, and ORC Chapter 163. The City Council may, at its discretion, acquire private property by purchase, condemnation or otherwise for the purpose of removing a Class B nonconforming use or structure, provided that the cost of acquiring such private property be paid from general funds or assessed to a special district established for that purpose.
Title 7 Signs
Section 11.807.11 CERTIFICATES OF NONCONFORMING USE
Title 8 Administration
Within 2 years of the effective date of this Zoning Ordinance the Director of Planning may issue a certificate of nonconforming use to all known owners of a legal nonconforming use, the use of which does not and did not on the effective date of this Zoning Ordinance conform to the provisions of the district in which the property is located. A. Conformance with Certificate. In accordance with the provisions of this section, no use of land, buildings or structures shall be made other than that specified on the certificate of nonconforming use unless such use shall be in conformance with the provisions of the district in which the property is located.
Title 9 Subdivisions
B. Copies. A copy of each certificate of nonconforming use shall be filed in the office of the Planning Commission, and a copy retained by the Director of Planning.
Section 11.807.12 1157.03 CONTINUATION OF CONDITIONALLY PERMITTED USES
Title 10 LID Standards
All uses existing at the time of passage of this Zoning Ordinance or amendments thereto and conditionally permissible in their respective districts under this Zoning Ordinance shall be permitted to continue as nonconforming uses.
Title 11 Definitions
188
City of Streetsboro
Administration Title 8
B. Adoption of a resolution by Council and certification to the Planning Commission; or C. Filing of an application with the Director of Planning or Department of Planning and Zoning. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.
Section 11.808.02 1109.03 CONTENTS OF APPLICATION FOR AMENDMENT TO ZONING ORDINANCE A. Contents. A petition for an amendment to the text of this Ordinance or an amendment to change the zoning classification of a particular property shall be commenced by filing a petition with the Director of Planning, on the forms specified. The petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a survey. All applications shall contain the following information, where applicable: 1. Evidence that the proposed amendment would materialize in an equal or better zoning ordinance than that existing.
Title 1 Purpose & Scope
A. Motion of the Planning Commission; or
Title 2 Districts & Uses
Amendments to the Zoning Ordinance may be initiated by:
Title 3 Special Districts
Section 11.808.01 1109.02 INITIATION OF AMENDMENTS
Title 4 Gen. Provisions
Amendments
Title 5 Parking
Chapter 11.808
Table of Contents
Amendments Chapter 11.808
3. One completed and signed copy of an application form; 4. G773+.2/$(1%/2<-:%2,,0-11:%2/,%$-3-75#/-%/umber;
Title 6 Landscaping
2. A copy of the proposed text change in the regulation set forth in this Zoning Ordinance.
7. Existing lot lines, building lines, structures, parking areas, driveways, and other existing improvements on the site and within 100 feet of the site; 8. Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys; 9. Location of existing drainage courses, floodplains, lakes and streams, and woodlots;
Title 8 Administration
6. L#/+/9%.3211+"+.2$+#/%#"%7-$+$+#/-0(1%720.-3%2/,%233%26;$$+/9%720.-31Y
Title 7 Signs
5. Scale, northpoint, and dates of submission and revisions;
12. Location and size of water mains and building service leads, existing and proposed; 13. List of all current property owners within, contiguous to and directly across the street from the parcel(s) proposed to be rezoned; and 14. If an application is initiated under !"#$%&'())*J,J*,)*/, a fee as specified by !"#$%&'())*J,)*,. shall be deposited with Director of Planning.
Title 10 LID Standards
11. Location of sanitary sewer systems, existing and proposed;
Title 9 Subdivisions
10. All existing easements;
Applications to amend the Zoning Ordinance text, shall include at least items 1, 2, 14 and 15.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
15. A statement on how the proposed amendment relates to the Streetsboro Comprehensive Plan.
189
Title 8 Administration Chapter 11.808 Amendments Table of Contents
B. Transmittal to Planning Commission. Once an application is complete, including the payment of fees, the Director of Planning shall transmit the completed application to the Clerk of the City Planning Commission for placement on the agenda:
Title 1 Purpose & Scope Title 2 Districts & Uses
C. Public Notification Sign. Within 3 days after the Director of Planning receives a satisfactorily completed application for a change in the zoning map, the Director of Planning shall transmit the application to the Service Director. Within 5 days of receiving the application, the Service Director shall post a sign on the property stating that the property is under consideration for rezoning and to contact City Hall. The sign shall be 4 feet X 6 feet and shall state the current zoning and the proposed zoning. The sign shall be setback on the proposed property according to the A%$8"(Q(!%;'5, but shall be placed where it is clearly visible to any passersby. The sign shall remain on the site until the application has been properly disposed of by the Planning Commission and Council. Failure to meet the timelines, post or maintain the sign on the property shall not invalidate any action taken on the application by the Planning Commission or Council.
Title 3 Special Districts
Section 11.808.03 1109.04 MANDATORY REFERRAL TO PLANNING COMMISSION No Zoning Ordinance amendment shall become effective unless the following has occurred: A. Review. All amendment applications have been reviewed by the Planning Commission pursuant to Sections 14.03 and 14.04 of the Streetsboro City Charter.
Title 4 Gen. Provisions
B. Review Considerations. The Planning Commission and Council shall, at minimum, consider the following before taking action on any proposed amendment: 1. Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?
Title 5 Parking
2. Will the proposed amendment further the long range planning goals of the City (i.e. Comprehensive Plan goals and objectives)?
Title 6 Landscaping
3. Have conditions changed since the Zoning Ordinance was adopted, or was there a mistake in the Zoning Ordinance, that justify the amendment? 4. Will the amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges? 5. Will the amendment result in unlawful exclusionary zoning?
Title 7 Signs
6. Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?
Title 8 Administration
7. If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land? 8. If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?
Title 9 Subdivisions
C. Recommendation. The Planning Commission shall have no less than 30 days, nor more than 60 days from the date of referral of any amendment application to submit a written recommendation and report to Council approving, approving with modification, or disapproving the amendment requested. The report shall set forth the facts and circumstances that support the recommendation.
Title 10 LID Standards
D. Failure to Act. If the Planning Commission shall fail to act within the allotted time, Council may act thereon as if it had received a recommendation of approval in such matters.
Section 11.808.04 1109.05 PUBLIC HEARING BY COUNCIL Before any amendment may be passed, Council shall hold a public hearing, within 60 days from date of receipt of recommendation from the Planning Commission. Such hearing shall be publicized as follows:
Title 11 Definitions
190
A. Newspaper. Written notice shall be placed in a newspaper of general circulation in Streetsboro at least 30 days prior to the date of the public hearing, stating the time, place of hearing and general nature of the
City of Streetsboro
Administration Title 8
B. Mail Notification. If the amendment proposed is intended to rezone parcels as listed on the tax duplicate, written notice of the hearing shall also be mailed by the Clerk of Council by first class mail at least 20 days before the date of the public hearing to the owners of the property within, contiguous to, and directly across the street from the area proposed to be rezoned to the address of such owners appearing on the County G;,+$#0(1%.;00-/$%$2C%3+1$:%#0%$5-%B0-21;0-0(1%<2+3+/9%3+1$ or any other lists that may be specified by Council.
Title 1 Purpose & Scope
amendment(s) proposed and that copies of the proposed amendment(s) and Zoning Ordinance shall be on file for public examination in the office of the Clerk of Council.
Table of Contents
Amendments Chapter 11.808
D. Referendum. Any ord+/2/.-%2770#8-,%6>%J#;/.+3%$52$%*#;3,%2<-/,%$5-%J+$>%#"%H$0--$16#0#(1%S#/+/9%<27%6>% changing the zoning classification of one district classification, or part of one district classification to another, #0%$52$%*#;3,%2<-/,%$5-%J+$>%#"%H$0--$16#0#(1%S#/+/9%0egulations by changing any of the density regulations, shall be placed on the ballot at the next regular election to be voted upon by the Electorate. No ordinance 2<-/,+/9%$5-%J+$>%#"%H$0--$16#0#(1%S#/+/9%<27%15233%6-.#<-%-""-.$+8-%;/3-1s approved by a majority of the Electorate voting thereon and a majority of the Electorate in each precinct in which the change is applicable. O#%#0,+/2/.-%2<-/,+/9%$5-%J+$>%#"%H$0--$16#0#(1%S#/+/9%0-9;32$+#/1%6>%.52/9+/9%,-/1+$>%0-9;32$+#/1%15233% become effective unless approved by a majority of the Electorate voting thereon.
Section 11.808.06 1109.07 EFFECTIVE DATE
Title 3 Special Districts Title 4 Gen. Provisions
C. Emergency Action Prohibited. No action of Council may enact, amend or repeal any zoning resolution or ordinance as an emergency measure in conformance with Section 4.14 of the Streetsboro Charter and subsequent amendments thereto.
Title 5 Parking
B. Two-Thirds Vote Required. No resolution, ordinance, regulation, measure or order of Council which violates, differs from or departs from the plan or recommendation submitted by the Planning Commission, shall take effect unless enacted or approved by at least two-thirds of Council.
Title 6 Landscaping
A. Timeframe. When the Planning Commission makes a recommendation to Council for a change in, or addition to, any Zoning Ordinance, Council shall study each such recommendation and take action within 120 days by placing on its first reading an ordinance properly covering such recommendations. Final action by Council on such ordinance shall be taken by placing such ordinance on its third and final reading no later than 120 days after its first reading.
Title 7 Signs
Section 11.808.05 1109.06 ACTION BY COUNCIL
Title 2 Districts & Uses
C. Delivery Failure. The failure of mail delivery of such notice shall not invalidate any such amendment.
Any land annexed to the City subsequent to the adoption of this Zoning Ordinance shall remain subject to the previous township zoning district until such time as the official Zoning District Map is amended according to procedures specified in this chapter.
Section 11.808.08 1109.09 AMENDMENTS TO DEFINITIONS
Title 11 Definitions
Whenever an amendment is made to the text of the Zoning Ordinance, the appropriate definitions pertinent to such amendment shall be included in applicable sections of A%$8"())D(P"9%'%$%&'5.
Title 9 Subdivisions
Section 11.808.07 1109.08 ANNEXATION
Title 10 LID Standards
B. Record of Amendment Adoption.((A record of all amendments approved by the Council shall be maintained by the City. A master Zoning Map shall be maintained by the Director of Planning, which shall identify all map amendments by number and date.
Title 8 Administration
A. Effective. Such amendment adopted by Council shall take effect 30 days after the date of the last reading by Council.
Draft Zoning Ordinance: February 15, 2012
191
Title 8 Administration Chapter 11.809 Enforcement, Violations and Remedies Table of Contents
Chapter 11.809
Enforcement, Violations and Remedies
Title 1 Purpose & Scope
Section 11.809.01 1107.10 VIOLATIONS
Title 2 Districts & Uses
A. Violation. Any building or structure that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, the Mayor, the City Law Director, or the Director of Planning or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.
Title 3 Special Districts
B. Failure to Comply. No person shall fail or refuse to comply with an order issued by the Director of Planning. Furthermore, no person shall construct, modify, alter, use or occupy any structure or property in violation of this Ordinance.
Title 4 Gen. Provisions
C. Separate Offense. A separate offense shall be deemed committed each day upon which a violation occurs or continues. D. Complaint. Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall be filed with the Director of Planning and shall state the causes and basis of the complaint. The Zoning Inspector shall record such complaint, investigate and take action as provided for violations of this Zoning Ordinance within 30 days from date of receipt of the complaint.
Title 5 Parking
E. Notification. The notice of any violation of this Zoning Ordinance shall be as follows: 1. Whenever the Director of Planning determines that there is a violation of any provision of this Zoning Code, a notice of such violation shall be issued. Such notice shall:
Title 6 Landscaping
a. Be in writing; b. Identify the violation;
Title 7 Signs
c. Include a statement of the reason or reasons why it is being issued and refer to the section of this Zoning Code being violated; and d. State the time by which the violation shall be corrected. 2. Service of notice of the violation shall be as follows:
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
192
a. By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older; or b. By certified mail return receipt requested, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or c. By posting a copy of the notice form in a conspicuous place on the premises found in violation.
Section 11.809.02 1107.11 REMEDIES The following remedies shall apply to violations of this Zoning Ordinance: A. Penalties. Whoever violates any of paragraphs (1) through (6) below shall be guilty of a minor misdemeanor. Each day during which a set of facts exists that constitutes a violation or offense shall constitute a separate offense.
City of Streetsboro
Administration Title 8
5. Failure to comply with a representation made in the application for a zoning certificate or an occupancy certificate or any other permit; 6. Failure to meet any obligation or requirement of this Zoning Ordinance. B. Statement(s) of Fact. Whoever knowingly makes a false statement, or knowingly swears or affirms the truth of a false statement previously made when any of the conditions set forth in subdivisions (1) through (4) below apply, shall be guilty of a minor misdemeanor for each separate offense. Where contradictory statements relating to the same fact are made by the offender within the applicable period of the statute of limitations, it is not necessary to show which statement was false, but only that one of them was false, to constitute a violation of this Ordinance. 1. The statement is made for the purpose of misleading a member of any Planning Commission or Board of Appeals or City official into performing any duty or making any determination required under this Ordinance; 2. The statement is made with purpose to secure the issuance of any permit or certificate;
Title 1 Purpose & Scope Title 2 Districts & Uses
4. Permitting another person to use a building, structure, or land owned by him/her, who fails to comply with any of the foregoing;
Title 3 Special Districts
3. Failure to comply with the provisions or regulations of this Ordinance in the construction, reconstruction, erection, location, alteration, occupancy, or use of a building, structure or any part thereof, or the use of any land;
Title 4 Gen. Provisions
2. Failure to obtain the necessary zoning certificate, or failure to obtain the necessary certificate of occupancy or any other necessary permit as established in this Ordinance;
Title 5 Parking
1. Failure to comply with any rightful order issued pursuant to the regulations of this Ordinance;
Table of Contents
Enforcement, Violations and Remedies Chapter 11.809
D. Civil Remedies. The City of Streetsboro, the Mayor on behalf of the City of Streetsboro or any officer designated by the Mayor on behalf of the City of Streetsboro may, in addition to the criminal remedies provided in this Zoning Ordinance, file suit for injunction against any violation of this Zoning Ordinance, or if the violation has caused damages to the City of Streetsboro for a judgment for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Ordinance may file suit for injunction or damages to the fullest extent provided by the law.
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
E. Expenses. If there is a conviction on a violation, the violator shall be responsible for payment for all legal, professional and other expenses of the City in the case.
Title 7 Signs
C. Violation Fee. Such violation fee, if not paid by the violator in a reasonable time, may be assessed to that property owner in violation on the next County Property Tax Statement.
Title 8 Administration
4. The statement is in writing or in connection with a report, application, or study which is required or authorized.
Title 6 Landscaping
3. The statement has been sworn or affirmed before a notary public or other person empowered to administer oaths;
Draft Zoning Ordinance: February 15, 2012
193
Subdivisions Title 9
The official name of these Regulations shall be "Subdivision Regulations of Streetsboro, Portage County, Ohio", and shall be referred to herein as "these Regulations".
Section 11.901.02 1171.02 PURPOSE These Regulations are adopted to secure and provide for: A. The proper arrangement of streets or highways in relation to existing or proposed streets and highways and the Thoroughfare Plan. B. Adequate and convenient open spaces for traffic, utilities, access of fire- fighting apparatus, recreation, light and air and the avoidance of congestion of the population. C. The orderly, efficient and appropriate development of land. D. The orderly and efficient provision of community facilities at the minimum cost and maximum convenience. E. Safe and convenient vehicular and pedestrian movement.
Title 2 Districts & Uses
Section 11.901.01 1171.01 OFFICIAL NAME
Title 3 Special Districts
1171 Purpose and Interpretation
Title 4 Gen. Provisions
Chapter 11.901
Title 5 Parking
Title 9 SUBDIVISIONS
Title 1 Purpose & Scope
Table of Contents
1171 Purpose and Interpretation Chapter 11.901
Section 11.901.03 1171.03 AUTHORITY The authority for the preparation, adoption and implementation of these Regulations is derived from Ohio R.C. Chapter 711 which permits the adoption of uniform rules and regulations governing subdivision of land.
Section 11.901.04 1171.04 INTERPRETATION
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
The provisions of these Regulations shall be construed to be minimum requirements.
Title 7 Signs
H. The equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdivider.
Title 8 Administration
G. The accurate surveying of land, preparing and recording of plats.
Title 6 Landscaping
F. The promotion of public health, safety, morals, comfort, convenience, prosperity or general welfare.
Draft Zoning Ordinance: February 15, 2012
195
Title 9 Subdivisions Chapter 11.902 1175 Administration and Enforcement Table of Contents
Chapter 11.902
1175 Administration and Enforcement
Title 1 Purpose & Scope
Section 11.902.01 1175.01 ADMINISTRATION The Planning Director shall administer these Regulations, except where specific authority is given to other officials as set forth in these Regulations.
Title 2 Districts & Uses
Section 11.902.02 1175.02 RECORDING OF PLAT No plat of any subdivision shall be recorded in the office of the Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid; and the Planning Commission shall institute proceedings to have the plat stricken from the County records.
Title 3 Special Districts
Section 11.902.03 1175.03 SALE OF LAND IN SUBDIVISION
Title 4 Gen. Provisions
No owner or agent of the owner of any land located within a subdivision shall transfer or agree to transfer ownership in the future by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such sublot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
Title 5 Parking
Section 11.902.04 1175.04 REVISION OF PLAT AFTER APPROVAL No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Commission.
Title 6 Landscaping
Section 11.902.05 1175.05 FEES A. EDITOR'S NOTE: See Part One, Title Five, Chapter 149, Section 149.10 of the Codified Ordinances.
Title 7 Signs
B. Plan Checking and Field Inspection Fees. At the time such plans, profiles and specifications are submitted for review, the City Engineer shall prepare an estimate of cost for office checking of all improvement plans. The subdivider shall thereupon deposit an amount of money equal to the estimated cost.
Title 8 Administration
All work done by the Engineer in connection with checking, computing and correcting such plans for improvements shall be charged against such deposit. If, during the progress of the work, the cost thereof appears to exceed the amount so deposited, the Engineer shall notify the subdivider of this fact and shall do no further work in connection with such review until the subdivider has deposited such additional sum of money determined necessary by the Engineer to cover the cost of the work.
Title 9 Subdivisions
The subdivider shall also pay to the office of the City Engineer the total cost of field inspection of the improvements. The inspection fee shall be determined by the City Engineer. The inspector's salary shall be paid from the inspection fee. The rate per hour shall be the inspector's payroll cost times two and two-tenths in accordance with the Standard Basis for Billing from the Engineer's current schedule on file at the Mayor's office.
Title 10 LID Standards
The subdivider is held responsible for all inspection fees which shall be payable monthly. The performance bond posted by the subdivider guarantees the payment of all inspection fees and no bonds shall be released until all inspection fees have been paid in full.
Title 11 Definitions
196
Section 11.902.06 1175.06 VARIANCES The Planning Commission may recommend variances to these Regulations as specified herein where unusual or exceptional factors or conditions require such modification provided that the Planning Commission shall:
City of Streetsboro
Subdivisions Title 9
Section 11.902.08 1175.08 SEVERABILITY If any article, section, paragraph, clause or part of these Regulations is held invalid by a court, such judgment shall not affect the validity of the remaining provisions of these Regulations.
Section 11.902.09 1175.09 ACCEPTANCE ORDINANCE FOR STREETS, EASEMENTS AND DEEDICATED OPEN SPACES A. Council Committee. A review shall be held by a committee of Council when all requirements have been complied with. The Committee shall submit their recommendation to Council as to whether or not the City shall accept the streets, easements and dedicated open spaces as contained in the subdivision. B. Acceptance Ordinance. When all requirements as contained herein have been complied with to the satisfaction of Council, an ordinance accepting the streets, easements and dedicated open spaces as contained in the subdivision shall be considered by Council. C. Ordinance Passage. Upon the passage of the acceptance ordinance properly approved, the Council President and Clerk shall sign the plat. D. Plat Recording. The subdivider shall then have the plat recorded. The plat tracings become a part of the Planning Commission records after being recorded and shall bear a legend to that effect.
Section 11.902.10 1175.10 REPEAL All prior subdivision regulations and amendments thereto are hereby repealed.
Section 11.902.11 1175.99 PENALTY
Title 1 Purpose & Scope Title 2 Districts & Uses Title 11 Definitions
Whoever violates any provision of these Subdivision Regulations or who fails to comply with any order issued pursuant thereto shall be fined not more than one thousand dollars ($1,000) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. The sum may be recovered in a civil action brought in the Court of Common Pleas in this County by the Law Director in the name of the City.
Title 3 Special Districts
Rights of appeal shall be as set forth in Ohio R.C. Chapter 711 or any other applicable sections of the Ohio Revised Code.
Title 4 Gen. Provisions
Section 11.902.07 1175.07 APPEALS
Title 5 Parking
F. Any variance shall accompany the proposed plat with appropriate justification.
Title 6 Landscaping
E. Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of these Regulations when modified.
Title 7 Signs
D. Find that any modification granted shall not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations.
Title 8 Administration
C. Permit any modification to depart from these Regulations only to the extent necessary to remove the extraordinary hardship.
Title 9 Subdivisions
B. Find that strict compliance with these Regulations would create an extraordinary hardship in the face of the exceptional conditions.
Title 10 LID Standards
A. Find that unusual topographical or exceptional physical conditions exist.
Table of Contents
1175 Administration and Enforcement Chapter 11.902
Draft Zoning Ordinance: February 15, 2012
197
Title 9 Subdivisions Chapter 11.903 1177 Procedures Table of Contents
Chapter 11.903
1177 Procedures
Title 1 Purpose & Scope
Section 11.903.01 1177.01 PURPOSE The purpose of this chapter is to specify the procedures that shall be followed to subdivide land.
Title 2 Districts & Uses
Section 11.903.02 1177.02 CLASSIFICATION AND DETERMINATION OF SUBDIVISION TYPE There are two basic types of subdivision:
Title 3 Special Districts
A. Minor Subdivision. The City Engineer may determine that a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land is along an existing public street, does not involve the opening, widening or extension of any street or road and does not involve more than five lots after the original tract has been completely subdivided. B. Major Subdivision. Any subdivision that does not meet the requirements of a minor subdivision.
Title 4 Gen. Provisions
Section 11.903.03 1177.03 MINOR SUBDIVISION
Title 5 Parking
B. Submission of Minor Subdivision. Any person proposing to create a minor subdivision shall submit the following to the Service Director.
A. Staff Granted the Authority of Review and Approval. The City Engineer is authorized to represent the Planning Commission in the review and approval of a minor subdivision, and to endorse the conveyance of a parcel or parcels of land in a minor subdivision for transfer without plat.
Title 6 Landscaping
1. Legal Description. A legal description, of the parcel or parcels sought to be transferred, on a conveyance of the parcel or parcels. 2. Survey. Two copies of a private survey by a registered surveyor of the parcel or parcels sought to be transferred. (See Appendix A) 3. Pins must be set at all new corners.
Title 7 Signs
4. Public right-of-way acreage must be stated separately from the net acreage. 5. The surveyor must certify an actual field survey and state conditions and location of monuments already in place.
Title 8 Administration
6. The City Engineer's statement is to be on the plat. 7. Sublots and secondary outlots must comply with zoning frontage. 8. Minor subdivision fees. See !"#$%&'())*F,-*,H.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
198
C. Action by City Engineer. Within seven working days after submission of a minor subdivision or within a mutually agreed upon extension, the City Engineer shall either approve or disapprove the application for transfer without plat. If the City Engineer does not approve the transfer without plat, the applicant shall be notified in writing of the reason for disapproval. If the City Engineer approves the transfer without plat, the conveyance shall be stamped: "Approved by the Planning Commission, no plat required", and the signature of the City Engineer affixed along with the date of such approval. The approval shall expire within sixty days, unless the conveyances are recorded in the office of the County Recorder during such period. D. Action by Health Commissioner. The City Engineer may, within seven days after submission of a minor subdivision, submit the proposed subdivision to the Health Commissioner who shall approve or disapprove building sites for individual sewer systems. If disapproved, the Health Commissioner shall notify the owner of the reasons for disapproval.
City of Streetsboro
Subdivisions Title 9
5. Stage V. Construction Phase. During the construction phase the City Engineer shall file the dedication plat and supervise his construction resident inspector who shall maintain a log of working conditions and as built locations for plan corrections by the owner's engineer. The City Engineer may stop work if safety precautions, quality control, payment schedules, improvements or procedures differ significantly from the stipulations of the construction agreement. As built corrected original tracings shall be turned over to the City Engineer. At the conclusion of the construction phase the City Engineer, by joint inspection with the Service Director, shall issue a Certificate of Substantial Completion which shall allow limited use of the improvements while maintaining capital maintenance by the owner. 6. Stage VI. Initial Occupancy. During the first eighteen months after the issuance of the Certificate of Substantial Completion, the Service Director shall assume responsibility for snow removal as required for citizen residents. The City Engineer shall notify postal authorities, safety, fire protection and school bus services of the public use of the improvements. The owner shall make timely corrections to capital improvement deficiencies as may become evident during initial occupancy. No occupancy permit shall be issued without the Certificate of Substantial Completion. 7. Stage VII. Formal acceptance of the improvement for all maintenance, capital and public use shall be initiated by the submittal of the approved improvements by the Service Director and the City Engineer to Council and their acceptance of same for the City. In the event of a conflict between the recommendations by the Engineer and the Service Director, the Mayor shall mediate the dispute and make recommendation to Council. No improvement financial assurances may be released to the developer until improvements have been accepted by Council. A minimum of eighteen consecutive months must transpire between the Certificate of Substantial Completion and the formal acceptance of the improvements by Council. Capital repair items affected by the developer during this period shall restart the eighteen consecutive months for those items. B. Preliminary Conference. Before submitting an application for preliminary plat, the applicant shall consult with the Planning Director and the City Engineer. The applicant shall submit a preliminary discussion map including all items required by !"#$%&'())*F,.*,-, and shall also obtain a preliminary steps certification form
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
4. Stage IV. A construction agreement shall be negotiated with the City through the Office of the Mayor, coordinating financial assurances of improvements, traffic maintenance, safety precautions, delivery routing, load limits, road cleaning, inspection costs/services, interruption of plan modifications due to unforeseen hardship and other matters at the City's discretion.
Title 7 Signs
3. Stage III. Construction documents shall be presented to the City Engineer and District Sanitary Engineer, in two copies including plans, profiles and specifications as further described in subsection D. hereof. The City Engineer shall coordinate the comments of the City agencies relative to the plans and advise the Planning Commission of any conflicts between or among City agencies with recommendations, and the decision of the Planning Commission shall be final in mediating such disputes. The submittals shall be in the hands of the City Engineer ten working days prior to the scheduled Planning Commission regular session. The Planning Commission shall notify the school board of the plan approval.
Title 8 Administration
2. Stage II. Preliminary plan shall be first presented to the Service Director in quantities necessary for distribution as indicated in subsection A.1 hereof. The preliminary plan shall include details as defined under !"#$%&'())*F,.*,+ hereinafter. The City Engineer shall have a minimum of ten working days to prepare comments for the Planning Commission formal session of preliminary plan review.
Title 9 Subdivisions
1. Stage I. The submitter shall review the submittal with the Service Director who shall attach comments relative to maintenance problems encountered in the proximity of the development, and shall make distribution of preliminary discussion material to the Planning Commission, Safety Department, Fire Department, Park Board, City Engineer, and the appropriate sewer district sanitary engineer. He shall notify the Mayor and Council of the submittal through the regular Service Director's report. The City Engineer and Planning Commission shall review the material with the developer at a work session and coordinate the comments of City agencies and advise the developer of the salient provisions of the master sewer, water, highway and park plans expected by the development.
Title 10 LID Standards
A. General Procedure. Major subdivisions shall be approved in seven stages:
Title 11 Definitions
Section 11.903.04 1177.04 MAJOR SUBDIVISION
Table of Contents
1177 Procedures Chapter 11.903
199
Title 9 Subdivisions Chapter 11.903 1177 Procedures Table of Contents
(see Appendix C) from the Service Director, which shall be signed by the agencies listed on the form. The purpose of the conference shall be to exchange preliminary information that may affect the design of the subdivision, including, but not limited to, the need for an environmental assessment report under Section 1152.05.
Title 1 Purpose & Scope
C. Preliminary Plat Procedure.
Title 2 Districts & Uses
1. Submission of Preliminary Plat. An applicant shall make application to the Planning Director for approval of a preliminary plat. All information required by !"#$%&'())*F,.*,+ shall be submitted to the Planning Director at least ten (10) working days before the meeting of the Planning Commission at which the plat is to be considered. When the application is complete (as determined by the Planning Director), the application shall be submitted to the Planning Commission and placed on the agenda for the next regularly-scheduled meeting, with the following information: a. Two (2) copies of application. (See Appendix B.)
Title 3 Special Districts
b. One (1) copy of the preliminary steps certification form. (See Appendix C.) c. At least ten (10) copies of the preliminary plat including a vicinity map. See Appendix D. d. Any other data that the Planning Director or City Engineer deems necessary.
Title 4 Gen. Provisions
e. Preliminary plat fees. See !"#$%&'())*F,-*,H. 2. Review of Preliminary Plat by City Staff and Agencies. The Planning Director shall transmit a copy of the preliminary plat to the following officials and agencies for their review and recommendations to the Planning Commission.
Title 5 Parking
a. The City Engineer. b. The Chairpersons of the Planning Commission and Council. c. The Director of Water Resources.
Title 6 Landscaping
d. The School Board. e. The Fire Department. f. The Safety/Police Department.
Title 7 Signs
g. The Service Director. h. Such other persons or agencies the Planning Director deems appropriate.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
200
The applicant may transmit copies of the preliminary plat to utility companies and others as deemed necessary. The officials and agencies shall make their review and submit their recommendations to the Planning Commission at least three (3) working days before the meeting of the Planning Commission at which the plat is to be considered. 3. Official Filing of Preliminary Plat. Upon determination by the Planning Director that the preliminary plat application has been properly submitted, the preliminary plat and application shall be accepted as being officially filed. 4. Planning Commission Action. The Planning Commission, within one hundred eighty days (180) of the date of official filing, shall approve, approve conditionally, or disapprove the preliminary plat. The action shall be noted on both the preliminary plat and application and a copy of each returned to the applicant. The action shall also be entered on the official records of the Planning Commission and a copy of the preliminary plat and application with action noted kept on file. In reviewing the preliminary plat, the Planning Commission shall consider the recommendations and comments from the City Staff and Agencies and, where appropriate, require submission of an environmental assessment report or other data needed to assure compliance with these Regulations.
City of Streetsboro
Subdivisions Title 9
E. Final Plat Procedure. 1. Submission of Final Plat. The applicant shall make application to the Planning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plat. Subdivisions may be submitted for approval in consecutive sections provided that preliminary plat and improvement plan approval has been given for the entire subdivision. All items as required by !"#$%&'())*F,.*,. shall be submitted to the City Engineer as follows: a. Two (2) copies of the application for final plat approval. (See Appendix E.)
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
D. Improvement Plan Procedure. The applicant-,-8-3#7-0(1%-/9+/--0%15233%7repare improvement plans that include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details, conform with the approved preliminary plat, and be submitted to and approved by the City Engineer before any improvements are constructed.
Title 4 Gen. Provisions
5. Effect of Approval. Approval of a preliminary plat by the Planning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for approval and recording upon fulfillment of all requirements of these Regulations. Approval of a preliminary plat shall be effective for a period of one (1) year following the date of approval by the Planning Commission unless an extension of time is granted. Upon expiration of a preliminary plat approval, no approval of a plat shall be given until the preliminary plat and application has been resubmitted and approved by the Planning Commission. Construction of improvements shall not begin until action on the Construction Agreement has been taken by Council. See !"#$%&'())*F,+*,.*Z*+*
Table of Contents
1177 Procedures Chapter 11.903
c. Original tracing and four (4) copies of approved improvement plans.
Title 5 Parking
b. Original tracing and two (2) copies of plat and vicinity map. (See Appendix F.)
3. Planning Commission Action. The Planning Commission shall approve or disapprove the final plat within sixty (60) days from the date of official filing or within a mutually agreed upon time extension; otherwise, the plat shall be deemed to have been approved. One of the following actions shall be taken by the Planning Commission: a. Y223&@18. The Planning Commission may give approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and "+/2/.+23%211;02/.-:%2..-7$263-%$#%$5-%J+$>(1%]2*%^+0-.$#0%2/,%J+$>%R/9+/--0:%20-%70#8+,-,%"#0%$5-% purpose of assuring installation of such improvements. The amount of such financial assurance shall be sufficient to cover the cost of all improvements, based upon an estimate by the City Engineer. For the purpose of satisfying the financial assurance requirement of this !"#$%&'( ))*F,+*,.*Z*+, it shall be sufficient for the applicant to submit the guarantee of a solvent bank or other financial institution that funds in the amount of the financial assurance requirement have been committed to the installation of such improvements, in accordance with Ohio R.C.
Draft Zoning Ordinance: February 15, 2012
Title 7 Signs Title 8 Administration
2. Official Filing of Plat. The City Engineer shall present to the Planning Commission the final plat documents, which meet the requirements of !"#$%&'())*F,.*,. at the next regularly-scheduled Planning Commission meeting after all required documents have been submitted. Upon determination by the Planning Commission that the plat has been properly submitted, the Planning Commission shall accept the plat as being officially filed and shall certify on the copies the date of acceptance.
Title 9 Subdivisions
Within five (5) working days of the date of submission, the City Engineer shall determine if all the items as required by !"#$%&'())*F,.*,. have been submitted. If all the required items have not been submitted, the City Engineer shall notify the applicant of such omissions.
Title 10 LID Standards
f. The City Engineer may request additional copies of any of the above items and any other additional information deemed necessary.
Title 11 Definitions
e. One (1) copy of financial assurances ap70#8-,%6>%J+$>(1%]2*%^+0-.$#0%+/%2/%2<#;/$%1$2$-,%6>%$5-% City Engineer.
Title 6 Landscaping
d. Plat fees. See !"#$%&'())*F,-*,H.
201
Title 9 Subdivisions Chapter 11.903 1177 Procedures Table of Contents Title 1 Purpose & Scope
1151.293 and that such funds shall not be disbursed by the bank or financial institution without $5-%70+#0%2770#823%#"%$5-%J+$>%R/9+/--0?%\7#/%0-.-+7$%#"%$5-%J+$>%R/9+/--0(1%.-0$+fication and determination that all the requirements of these Regulations have been met, the Planning Commission may give approval and shall indicate such approval and date on the tracing of the plat.
Title 2 Districts & Uses
b. P%51223&@18. Should the Planning Commission determine to disapprove the plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the applicant. The action shall also be entered on the official records of the Planning Commission. c. Y223&@18(B%$0&7$(I&136(Y#$%&'. In the event the Planning Commission shall fail to approve or disapprove the plat within sixty (60) days from the date of its official filing, or within a mutually agreed upon time extension, the final plat shall be deemed to have been approved.
Title 3 Special Districts
d. O&B"3($&(:"@%"B. The Planning Commission shall have the power to review, recommend, and regulate additional or a modification of improvements under !"#$%&'())*F,G*,), shade trees, street trees, shrubbery, and other vegetative plantings, including buffer zones and setbacks and wetland and riparian setbacks in residential subdivisions, commercial developments, and the development of industrial parks or parcels as required by the provisions of this Ordinance.
Title 4 Gen. Provisions
4. Effect of Approval. Approval of a final plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway, or other public ways or open space upon the plat unless such acceptance is also endorsed by Council upon the tracing of the plat or upon ordinance of Council specifically accepting such streets as public streets.
Title 5 Parking
5. Recording of Plat. After approval of a final plat by the Planning Commission, the applicant shall return the tracing to the City Engineer who, after rechecking, shall secure approval of the Tax Map Department. The City Engineer shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of the plat shall be paid by the applicant.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
202
City of Streetsboro
Subdivisions Title 9
Section 11.904.02 1179.02 PRELIMINARY DISCUSSION MAP A map shall be submitted by the subdivider as a basis for informal discussion. The map shall show the following information: A. Location. Tract boundaries, township and north point. B. Rights-Of-Way. Existing highways and proposed streets on and adjacent to the tract. (Several alternates if considered.) C. Water and Sewer. Statement of how sewage disposal and water supply shall be provided. D. Utilities. Utility transmission lines and easements. E. Zoning. Existing zoning districts. F. Topography. (U.S.G.S. or better)
Section 11.904.03 1179.03 PRELIMINARY PLAN The subdivider shall furnish the following:
Title 1 Purpose & Scope Title 2 Districts & Uses
The purpose of this chapter is to inform the subdivider of the specific information he shall provide to permit adequate review, approval and recording of plats.
Title 3 Special Districts
Section 11.904.01 1179.01 PURPOSE
Title 4 Gen. Provisions
1179 Plan and Plat Specifications
Title 5 Parking
Chapter 11.904
Table of Contents
1179 Plan and Plat Specifications Chapter 11.904
B. Preliminary Plan Drawings. See Appendix D. The plan shall be prepared in accordance with /012$"3())*F,Hby a professional engineer. The plan shall be accurately and clearly drawn. The drawing shall include the proposed plan or alternate plans of the subdivision, and shall show the following:
Title 6 Landscaping
A. Application for Preliminary Plan Approval. See Appendix B.
a. I&7'613>(L%'"(!73@">. Showing bearings and distances as surveyed by a registered surveyor. b. Z15"E"'$5. Showing location, width and purpose. c. !$3""$5(R'(1'6(Y6[1#"'$($&(!7?6%@%5%&'. Showing names, location, right of way and roadway width. Planned public improvements; highways or other major improvements planned by public authorities for future construction on or near the subdivision, including journalized routes for highways. d. M$%8%$%"5(R'(1'6(Y6[1#"'$($&(!7?6%@%5%&'. Showing location, size and invert elevations of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants and utility poles. If water mains, sewers and/or culverts are not on or adjacent to the tract, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers and culverts.
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration
2. Existing Data.
Title 9 Subdivisions
c. W%5#"881'"&75. Scale (one inch equals 100 feet), north arrow and date.
Title 10 LID Standards
b. /&'$1#$(\'9&3E1$%&'. Names, addresses and telephone numbers of owners, subdivider and registered surveyor, City planner, landscape architect or professional engineer.
Title 11 Definitions
a. 41E". Proposed name of subdivision, shall not duplicate others in County, City, tract or original lot or section number.
Title 7 Signs
1. Identification.
203
Title 9 Subdivisions Chapter 11.904 1179 Plan and Plat Specifications Table of Contents
e. ]3&7'6(Z8"@1$%&'5(&9($0"(!7?6%@%5%&'. Show contours with an interval of not more than five feet if ground slope is in excess of four percent (4%) and two feet if ground slope is less than four percent (4%).
Title 1 Purpose & Scope
f. !7?57391#"(/&'6%$%&'5(&'($0"(!7?6%@%5%&'. Showing any conditions that are not typical such as abandoned mines. g. R$0"3(/&'6%$%&'5(&'($0"(!7?6%@%5%&': i.
Watercourses and areas subject to flooding.
Title 2 Districts & Uses
ii. Marshes. iii. Rock outcroppings. iv. Wooded areas.
Title 3 Special Districts
v. Isolated preservable trees one foot or more in diameter. vi. Any structures or other significant features. vii. Gas, oil or brine wells with appurtenances.
Title 4 Gen. Provisions
h. R$0"3(/&'6%$%&'5(&'(Y6[1#"'$(L1'6(B%$0%'(-,,(S""$. i.
Approximate direction and gradient of ground slope including any embankments or retaining walls.
Title 5 Parking
ii. Location and type of buildings, fences, tree lines, etc. iii. Railroad lines. iv. Power lines and towers.
Title 6 Landscaping
v. Other nearby nonresidential uses of land. vi. Owners of adjacent unplatted land, for adjacent platted land refer to subdivision plat by name, plat book and pages. i.
^&'%';(3"c7%3"E"'$5.
Title 7 Signs
i.
District.
ii. Lot size and yard requirements. Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
204
iii. Proof of any variances or special exceptions which may have been granted. j.
O81''"6(O7?8%#(\E23&@"E"'$5. Showing highways or other major improvements planned by public authorities for future construction on or near the subdivision.
3. Proposals. a. !$3""$5. Show proposed streets, indicate each street by a letter except where the street is a continuation of an existing street, right of way widths, approximate grades and proposed improvements. b. :%;0$5_R9_C1>. Other rights of way or easements; showing location, width and purpose. c. L&$5. Showing numbers and dimensions and area of irregular lots in square feet. d. !"$?1#U5. Minimum building setback lines. e. M'6%@%6"6(O13#"85. Land parcels within the subdivision not to be divided into lots. f. O7?8%#(!%$"5. Showing reserved or dedicated for parks, playgrounds or other public uses.
City of Streetsboro
Subdivisions Title 9
j.
O3"@%&758>(A31'59"33"6(L&$5. In cases where lots or parcels have previously been transferred, without plat, out of the tract sought to be subdivided, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
4. Other Information. The City Engineer or City Planning Commission may require such additional information as deemed necessary. C. Vicinity Map. The map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The vicinity map may be on the same sheet as the preliminary plan drawing. The vicinity map at a scale of one inch equals 400 feet shall show: 1. Subdivision name; township, tract and original lot or section number; north arrow and the Ohio State Plane coordinate grid. 2. Existing and proposed main traffic arteries. 3. Shopping facilities.
Title 1 Purpose & Scope
O3&2&5"6(A&2&;3120>. When extensive changes of topography are contemplated, a plan showing the proposed topography.
Title 2 Districts & Uses
i.
Title 3 Special Districts
h. A&$18(!%$"(P1$1. Including acreage, number of residential lots, typical lot size and acres in parks and other public uses.
Title 4 Gen. Provisions
g. !%$"5(9&3(R$0"3(M5"5. Multifamily dwellings, shopping facilities, churches, industry or other nonpublic uses exclusive of single-family dwellings.
Table of Contents
1179 Plan and Plat Specifications Chapter 11.904
5. Parks and playgrounds.
Title 5 Parking
4. Schools.
C. As-Built Drawings. At the completion of the construction and before acceptance the subdivider shall furnish the City Engineer a set of linen or mylar tracings for permanent record, showing the locations, sizes and elevations of all improvements as constructed. The as built drawings shall show all lateral locations, depth and all utility service connections. D. Gas or Oil Wells. Where existing property contains gas or oil wells, the subdivider is responsible for the conditionally approved relocation of access roads to the well(s) as well as all necessary relocations of security measures, fences, gates and landscaping. All gas lines, separators, oil tanks and appurtenances shall be placed in approved easements or rights of way.
Section 11.904.05 1179.05 PLAT
Title 7 Signs Title 8 Administration
B. Modifications. If it becomes necessary to modify the improvements as approved, due to unforeseen circumstances, the subdivider shall inform the City Engineer in writing of the conditions requiring the modifications. Written authorization from the City Engineer to make the required modification shall be received before proceeding with the construction of the improvement.
Title 9 Subdivisions
A. Professional Engineer. Drawings showing cross sections, profiles, elevations, construction details, specifications and cost estimates, and all calculations and computations for all required improvements shall be prepared by a professional engineer. The improvement plans shall be prepared as directed by the City Engineer and subject to his approval.
Title 10 LID Standards
Section 11.904.04 1179.04 IMPROVEMENT PLANS AND SPECIFICATIONS
Title 6 Landscaping
6. Any other significant community features.
A. Application for Plat Approval. See Appendix E.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
The subdivider shall furnish the following:
205
Title 9 Subdivisions Chapter 11.904 1179 Plan and Plat Specifications Table of Contents Title 1 Purpose & Scope
B. Plat Drawing. (See current standards of Portage County Recorder's Office. The plat shall be approved by a registered professional surveyor and drawn in ink on tracing cloth or mylar (sheet size twenty-four inches by thirty inches within the border) and shall be at a scale of not more than 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The plat shall show the following: 1. Identification. a. Name of subdivision shall not duplicate others in the County, township, tract and original lot or section number.
Title 2 Districts & Uses
b. Vicinity map at one inches equals 1,000 feet scale with north arrow. 2. Control Points. Showing all dimensions, angles and bearings are to be referred to control points, nearest established street line, section lines or other established point.
Title 3 Special Districts
3. Lines and Boundaries. Showing center lines and right-of-way lines of streets, easements, and other rights of way, natural and artificial watercourses, streams, shorelines, corporation lines and property lines of all lots and parcels with distances, radii, arcs, chords and tangents of all curves to the nearest one hundredth of a foot, bearings or deflection angles to the nearest second.
Title 4 Gen. Provisions
4. Street. Showing name, which shall not duplicate another in the Streetsboro postal delivery area and right of way width of each street within proposed subdivision and those adjoining. 5. Setbacks. Building setback lines accurately shown with dimension.
Title 5 Parking
6. Lot and Block Identification. Lots shall be numbered in consecutive order and when the subdivision is submitted in sections or phases, lots shall be numbered consecutively as each section or phase is submitted. In cases where lots or parcels have previously been transferred, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
Title 6 Landscaping
7. Total Site Data. Including acreage, number of residential lots, typical lot size and acres in parks and other public uses. 8. Land for Public Use. Show boundaries and identify the use of all parcels which are to be dedicated or reserved for public use or easements. 9. Monuments. Showing location and description of those found, set or to be set.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
206
10. County Recorder. Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume and page of Recorder's maps. 11. Survey Information. Certification and seal by a registered surveyor to the effect that the plat represents a survey made by him which balances and closes, and that the monuments shown thereon exist or shall be set as shown and that all dimensional and geodetic details are correct. 12. Dedication, Taxes Paid. Notarized certification by the owner or owners of the subdivision and the offer of the dedication of streets and other public areas and that there are no unpaid taxes or special assessments against the land contained in the plat. 13. Notations. Notation for: a. Certification of City Engineer that required improvements have been satisfactorily installed or adequate financial guarantees have been provided. b. Approval of plat by Chairman and Secretary of the Planning Commission. c. Proper notation for transfer by the County Auditor. d. Proper notations for transfer and recording by the County Recorder. 14. Protective Covenants.
City of Streetsboro
Subdivisions Title 9
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Title 2 Districts & Uses
16. Public Release. Release by the mortgage holder, if any, of all interest in all property dedicated to public use, this may be a separate document.
Title 1 Purpose & Scope
15. Marital Status. Marital status of land owner must be shown, and if married spouse must also sign plat and release dower or courtesy, interest in public places.
Table of Contents
1179 Plan and Plat Specifications Chapter 11.904
Draft Zoning Ordinance: February 15, 2012
207
Title 9 Subdivisions Chapter 11.905 1181 Design Standards Table of Contents
Chapter 11.905
1181 Design Standards
Title 1 Purpose & Scope
Section 11.905.01 1181.01 PHYSICAL CONDITIONS A. Natural Land Use. Subdivisions should be planned to take advantage of the topography of the land to economize in the construction of drainage facilities, to reduce the amount of grading and to minimize destruction of trees and topsoil.
Title 2 Districts & Uses
B. Flood Hazard. If any portion of the land within the subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the subdivision. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses that may increase danger to health, life or property, or aggravate the flood hazard.
Title 3 Special Districts
Section 11.905.02 1181.02 STREETS
Title 4 Gen. Provisions
A. Arrangement. The arrangement, character, extent, width and location of all streets shall conform to the locally adopted Land Use and Thoroughfare Plan. The design of proposed streets shall provide for both the continuation of existing streets and access to adjacent unplatted lands so that the entire area can be served with a coordinated street system. B. Street Classifications.
Title 5 Parking
1. Major arterial thoroughfares shall be planned for continuation of movement of fast traffic between points of heavy traffic generation and from one section of the community to another. They shall contain as few intersections with minor streets as possible. Such thoroughfares should traverse the community and should be spaced approximately one mile apart. 2. Collector streets shall provide a traffic route from local streets to major arterial thoroughfares. These streets should be spaced at least one-fourth mile apart.
Title 6 Landscaping
3. Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic shall be discouraged. 4. Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.
Title 7 Signs
5. Service drives shall be designed to provide only secondary access. C. Street Right-of-Way Widths and Grades and Standard Details. Refer to Appendix H.
Title 8 Administration
Table 20. Street Right‐of‐Way Width and Grades Classification
Title 9 Subdivisions Title 10 LID Standards
Major Arterial Thoroughfare Collector Streets Local Streets Rural Residential Urban Single-Family Urban Multi-Family Light Industrial
Minimum ROW Width (in feet) 100 30 60 60 60 60
Maximum Grade
Minimum Grade
5% 7%
0.6% 0.5%
8% 8% 8% 5%
0.5% 0.5% 0.5% 0.5%
D. Half Streets. Half streets shall be prohibited except where there is an existing half street adjacent to the subdivision in which case the remaining half of the street shall be platted. Title 11 Definitions
208
E. Cul-de-Sacs and Dead-End Streets. Streets designed to be permanently dead- ended shall not be longer than 600 feet and shall be provided at the closed end with a turnaround having an outside pavement diameter of
City of Streetsboro
Subdivisions Title 9
Section 11.905.03 1181.03 EASEMENTS A. Utility Easements. Electric and telephone lines should be located along rear or side lot lines wherever possible unless buried in conduit. Easements along rear and side lot lines shall be provided for utilities and shall be at least twenty feet wide on the rear line and ten feet wide on the side line. B. Drainage Easements. Where a subdivision is traversed by a drainage way, a storm water or drainage easement conforming substantially with the lines of such drainage way shall be provided. The easement shall be twenty feet wide or shall generally follow, but not be centered upon rear and side lot lines.
Section 11.905.04 1181.04 BLOCKS A. Residential Block Lengths. The long dimension of a residential block shall not exceed 1,500 feet or be less than 800 feet. B. Pedestrian Walkways. Pedestrian walkways, with not less than a ten foot wide right of way, or of such greater width as deemed necessary by the Planning Commission, shall be required across blocks where the Planning Commission deems that pedestrian access to schools, playgrounds, shopping centers, transportation and other community facilities is necessary. C. Commercial or Industrial Blocks. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such use with adequate space set aside for off-street parking and loading facilities.
Section 11.905.05 1181.05 LOTS A. Zoning Conformance. The lot size, width, depth and the minimum building setback lines shall conform to the existing City zoning regulations. B. Corner Lots. Corner lots shall have a side yard setback equivalent to the front yard.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
Street Jogs. Street jogs with centerline offsets of less than 125 feet shall be prohibited. If deemed necessary by the Planning Commission, the minimum distance between centerline offsets may be increased.
Title 7 Signs
I.
Title 8 Administration
H. Intersections. Streets shall be laid out to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle of less than sixty degrees. Three-way intersections are encouraged, but in no event shall an intersection containing streets in excess of four be approved.
Title 9 Subdivisions
G. Horizontal and Vertical Curves. Angles in the alignment of street lines shall be connected by a curve with a radius on the center line of not less than 286.48 feet for local, collector and industrial streets, and 572.96 feet for major arterial thoroughfares. Between reverse curves there shall be a tangent at least 100 feet long on major arterial thoroughfares. Every change in street grade shall be made with a vertical curve to provide distance suited to the location which in no case shall be less than 300 feet from a height of four and one-half feet.
Title 10 LID Standards
F. Corner Radii. Property lines at street intersections shall be rounded with a radius of not less than fifty feet for major arterial thoroughfares, thirty feet for collector and industrial streets and twenty feet for local streets. Chords or cutoffs may be permitted in places of rounded corners. Industrial park road right-of-way corner radius shall be sixty-five feet with fifty foot curb corner radius.
Title 11 Definitions
at least 100 feet and a street property line diameter of at least 120 feet. If such a street is of a temporary nature and a future extension into adjacent land is anticipated then the turning circle beyond the normal street width shall be in the nature of an easement over the premises included in such turning circle, but beyond the boundaries of the street proper. Such easements shall be automatically vacated to abutting property owners, when the dead-end street is legally extended into adjacent land, if such dead-end street is legally extended into adjacent land. If such dead-end street extends only one lot depth past a street intersection, no turnaround shall be required. Subdivider shall be required to reserve for public use a strip of land five feet in width at the end of all dead-end streets. No person or persons shall have access across this property until an adjacent subdivision is developed and streets in such development are dedicated for public use. The cost of paving such five foot strip shall be borne by the subdivider connecting into such street.
Table of Contents
1181 Design Standards Chapter 11.905
209
Title 9 Subdivisions Chapter 11.905 1181 Design Standards Table of Contents
C. Access to Public Streets. The subdividing of land shall provide each lot with access to an existing public street.
Title 1 Purpose & Scope Title 2 Districts & Uses
D. Double-Frontage Lot. Lots shall not be laid out so that they have frontage on more than one street except: where the lots are adjacent to the intersection of two streets; or where it is necessary to separate residential lots from major arterial thoroughfares. Where double-frontage lots are created adjacent to major arterial thoroughfares, a reserve strip along the major arterial thoroughfare shall be deeded to the City. The plat shall state that there shall be no right of access across such reserve strip. The Planning Commission may require that a six foot high solid board fence or masonry wall be constructed or that a ten foot wide planting screen be provided. E. Lot Lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow municipal, township and County boundary lines rather than cross them insofar as possible. Lot lines shall not be established within 100 feet of an existing oil, gas or brine well, or storage tanks.
Title 3 Special Districts
F. Lot Depth. Except as otherwise authorized by the Planning Commission, no lot depth shall exceed three and one-half times the lot width. G. Building Locations. The minimum distance between all proposed buildings and existing oil, gas or brine wells, or storage tanks, shall be 100 feet.
Title 4 Gen. Provisions
Section 11.905.06 1181.06 PUBLIC SITES AND OPEN SPACE A. Public Facilities. The design of the subdivision shall provide for parks, playgrounds, schools and other sites for public use as provided !"#$%&'())*F,G*,)*P of these Regulations. Such public facilities shall conform to the Land Use and Thoroughfare Plan.
Title 5 Parking
B. Natural Features. Due consideration shall be given to preserving outstanding natural features such as scenic spots, water bodies or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is usually the best means of assuring their preservation.
Title 6 Landscaping
Section 11.905.07 1181.07 CONFORMITY WITH LAND USE AND THOROUGHFARE PLAN
Title 7 Signs
A. All proposed subdivisions shall conform to the adopted Land Use and Thoroughfare Plan where not in conflict with an official zoning ordinance. Whenever a tract to be subdivided embraces any part of a major thoroughfare, or collector street shown on the Land Use and Thoroughfare Plan, such part of the proposed public way shall be platted by the subdivider in the location and of the width indicated on the Land Use and Thoroughfare Plan.
Title 8 Administration
B. When a subdivision fronts on a dedicated street or highway that is not fully improved, including earthwork, drainage, storm sewerage, sanitary sewerage, central water supply with fire protection, curbs, sidewalks, acceleration or deceleration lanes, paving reconstruction or pavement overlay, such improvement shall be required as deemed applicable by the City Engineer (or PCSE by jurisdiction) of the subdivider under the provisions of this Title.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
210
City of Streetsboro
Subdivisions Title 9
In Conservation developments, improvements shall be as required in the base zoning district, and sanitary sewer and municipal water must be available. A. Drainage. A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. To this end the subdivision shall be graded as required by Table 21 and the following requirements and methods shall be followed: 1. Drainage Plan. Prior to the start of any construction, houses or streets, the subdivider shall furnish a plat plan showing the slab or floor elevation of each house proposed to be constructed. He shall also show by the use of arrows how he proposes to surface drain each lot and furnish elevations at lot corners and break in grade. The plan should indicate existing and finished grades. The subdivider shall submit topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed storm water collection system. 2. Drainage Requirements, Grading. No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in any proposed street until the plat has been approved or conditionally approved. The subdivider shall grade each subdivision as specified in Table 21 in order to establish street, block and lot grades in proper relation to each other and to topography, as follows: a. !$3""$(]316%';(O81'. A grading plan shall be prepared for the streets along with street improvement details. The grading of the roadway shall extend the full width of the right of way.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
R-G Golf Course Community District Required for streets Required for streets, blocks, and sublots Required Required Required Required Required Required Required Required Required Required
Title 4 Gen. Provisions
R-R Rural Residential District Required for streets Required for streets Required for streets Required (asphalt) Not required Not required Required Required at street intersections only Not required Not required Required Required
Title 5 Parking
Improvement Drainage Grading Storm Sewer Pavement Curbs and Gutters Sidewalks Street Signs Street Lights Sanitary Sewer Municipal Water Public Sites Monuments
Title 6 Landscaping
Table 21. Schedule of Required Subdivision Improvements
Title 7 Signs
O#$-%$52$%D/#$%0-K;+0-,E%+$-<1%<2>%/-8-0$5-3-11%6-%0-K;+0-,%6>%$5-%Planning Commission as part of the Plat Review process under /012$"3())*F,+.
Title 8 Administration
The improvements which are hereby required shall be designed, furnished and installed by the subdivider in accordance with the provisions of these Regulations and other regulations of the State and City. They shall be installed before the plat is approved or in lieu thereof, financial guarantees for such installation shall be approved prior to the approval of the plat. The subdivider shall provide and install within the proposed subdivision improvements not less than set forth in Table 21.
Title 9 Subdivisions
Section 11.906.01 1183.01 REQUIRED IMPROVEMENTS
Title 10 LID Standards
1183 Improvement Requirements and Specifications
Title 11 Definitions
Chapter 11.906
Table of Contents
1183 Improvement Requirements and Specifications Chapter 11.906
211
Title 9 Subdivisions Chapter 11.906 1183 Improvement Requirements and Specifications Table of Contents
Planting strips shall be graded at a gradient of not less than two percent (2%) or more than three percent (3%) upward from the curb to the sidewalk or property line.(Refer to Appendix H.) b. I8&#U(1'6(L&$(]316%';.
Title 1 Purpose & Scope
i.
Title 2 Districts & Uses
ii. Lot grading shall be as follows:
a. A ridge along rear lot lines, draining into the streets. b. Parts of all lots draining to a sidewalk or ditch along rear lot lines.
Title 3 Special Districts
Lots shall be graded so that water drains away from each building at a minimum grade of two percent (2%). Surface drainage swales shall have a minimum grade of one-half percent (1/2%) and shall be designed so that surface water shall drain into a driveway, street gutter, storm sewer, drain inlet or natural drainage way. The minimum grades of driveways shall be four-tenths percent (.4%) and a maximum of fifteen percent (15%). c. A&25&%8. If grading results in the stripping of topsoil, the topsoil shall not be removed from the site or used as fill, but shall be saved and uniformly spread over the lots as grading is finished.
Title 4 Gen. Provisions
d. A3""5. As many trees as can be reasonably utilized in the final development plan shall be retained and the grading adjusted to the existing grade at the trees.
Title 5 Parking
3. Drainage System Requirements. The design criteria for the drainage systems shall be based on the correct State Department of Highways, Manual of Location and Design. Runoff or design discharge for sewer design, where the contributing area generally consists of pavement and a narrow strip back of the pavement, shall be obtained from the rational formula: Q = Cia (See Manual of Location and Design). Peak rates of runoff from watersheds under 1,000 acres shall be obtained from the following formula: Q = RF x CF x FF x Q (See Manual of Location and Design). The following minimum design frequencies are to be used:
Title 6 Landscaping
Roadway ditches Storm sewers Culvert under roadways Watercourses
2 years 10 years 25 years 10 years
Title 7 Signs
a. :&16(P31%'1;"(!>5$"E. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and house storm water drainage. i.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
212
Block grading shall be as follows:
Road storm sewers, enclosed. The design discharge used to determine pavement inlet spacing shall be based on the rational method mentioned in subsection (a)(3) hereof. The gutter flow between inlets shall be calculated by the equation: Q = .56 Z/NS 1/2F 8/3. (See Manual of Location and Design) The inlet spacing shall be based on a two-year frequency, fifteen minutes duration design storm. The spread of water on the pavement shall be limited to eight feet into the traveled lane. In addition, standard manholes or combination manhole inlets for cleaning purposes shall be placed no further than 300 feet apart.
b. R99_:&16(P31%'1;"(!>5$"E5. The design of the off-road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage. Enclosed storm sewer laterals of not less than four inches in diameter shall be provided for each lot or building site and used for collection of sump pump discharges. The flow shall not be included in calculations for subsection A.3 hereof, but shall connect to the enclosed road storm sewers. i.
All watercourses or ditches with a design capacity not exceeding the capacity of a thirty-six inch concrete pipe shall be enclosed.
City of Streetsboro
Subdivisions Title 9
d. O%2"(O&8%#>. The following pipe policy and the pipe policy of the State Department of Highways, Construction and Material Specifications, Items 706 and 707, shall be used in designing storm sewer systems subject to the approval of the City Engineer. i.
All pipe lines, including culverts and storm sewers, which are located beneath the roadway shall meet the requirements set forth for Class A pipe.
ii. Longitudinal storm sewer lines, not under the main roadways, shall be Class D or Class E pipe. Where these sewers are shallow or located beneath drives, Class B or Class C pipe shall be specified. iii. Longitudinal roadway drainage lines, for which sealed joints are unnecessary or undesirable, shall be Class H pipes. Portions of these drains that require stronger pipe because of shallow cover or location beneath drives shall be Class C pipe. iv. Open end driveway pipe twenty-four inches or less in diameter may be Class F pipe and larger pipes shall be Class B or Class C pipe. v. Outlet pipe or open-joint drains, Class H or I, shall be in accordance with the provisions of Class F pipe and shall usually be ten feet in length. vi. Pipe underdrains shall be Class E pipe. vii. Pipe arches or elliptical pipes shall be Class G pipe. B. Street Improvements. The subdivider shall design and construct pavements, curbs and gutters of sizes and types not less than set forth in Appendix H for all streets. Pavement cross sections shall be as shown in Appendix H. The construction and materials shall be as specified by the State Department of Highways Construction and Material Specifications or as specified by the City Engineer.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
Any watercourse having a gradient in excess of two and one-half percent (2 1/2%) shall be enclosed with pipe with the necessary inlets and shall be piped to a storm sewer, if nearby, or otherwise to a natural watercourse. Where a street is of considerable length and of various gradients, part of which require storm sewers, the lengths between the storm sewers even though less than two and one-half percent (2 1/2%) gradient shall also be enclosed in pipe, when required by the City Engineer. Material and construction shall be in accordance with the specifications of the City Engineer. Watercourses or road gutters having a gradient exceeding one and one-half percent (1 1/2%) shall be sodded or paved with brick, concrete, half tile or broken concrete slabs. All areas within the right of way not paved or sodded shall be fertilized and seeded. All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion, deposits in the drainage facilities and/or unsightly conditions shall be restored and protected as directed by the City Engineer. In all cases, any drainage facility within the subdivision shall be in a stable condition, free from erosion or sedimentation and/or other debris.
Title 7 Signs
i.
Title 8 Administration
c. O3&$"#$%&'(&9(P31%'1;"(!>5$"E5. The subdivider shall adequately protect all ditches, roadways and watercourses to the satisfaction of the City Engineer as follows:
Title 9 Subdivisions
a. Drainage Easement. Easements for drainage purposes shall be a minimum of fifteen feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Engineer (See subsection A.3.b.ii. hereof.) Where watercourses cross plotted lots diagonally, the subdivider shall straighten such courses where practicable and shall substantially follow sublot lines. Easements shall be shown on the record plat and deeds and shall cover all existing or reconstructed watercourses.
Title 10 LID Standards
ii. Any storm drainage courses carried alongside lot lines shall be enclosed with approved pipe.
Title 11 Definitions
Existing creeks or ditches constructed by the subdivider which exceed the above limit shall be constructed with a minimum fifteen foot wide continuous earth roadway to provide access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain the ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches shall have a side slope ratio of two to one and a minimum two foot bottom width.
Table of Contents
1183 Improvement Requirements and Specifications Chapter 11.906
213
Title 9 Subdivisions Chapter 11.906 1183 Improvement Requirements and Specifications Table of Contents
1. Pavements. Higher standards and/or greater widths than indicated herein may be required by the City Engineer or Planning Commission to adequately provide for unusual soil conditions or extraordinary traffic volumes or loads.
Title 1 Purpose & Scope
After the underground utilities and house connections are installed and rough grading completed, the roadway subgrade shall be shaped, rolled and compacted. The subdivider may construct a temporary roadway of slag or stone for use during the building construction period. Such pavements shall be maintained in a safe and passable condition by the subdivider without expense to the City.
Title 2 Districts & Uses
2. Sidewalks. Sidewalks shall be provided as specified in the required improvement schedule and in the location shown by the typical cross section in Appendix H. Sidewalks shall be constructed of concrete four inches thick with the thickness increased to seven inches where the sidewalk is crossed by a driveway. The construction and materials shall be as specified in Item 608 of the State Department of Highways Construction and Material Specifications or as specified by the City Engineer.
Title 3 Special Districts
3. Street Signs. The subdivider shall install a street sign showing the names of all streets at all street intersections. The signs shall conform to the specifications of the City Engineer and be mounted at a height of approximately seven feet above the top of the curb or the crown of the pavement. The sign shall be located as directed by the City Engineer.
Title 4 Gen. Provisions
a. Street name signs, of a type in use throughout the City, shall be erected by the subdivider at all intersections. b. For purposes of street naming, the following suffixes shall apply: i.
Avenue shall be used only for streets that run in a generally east-west direction;
Title 5 Parking
ii. Boulevard or Drive shall be used only for a large meandering type street; iii. Circle or Court shall be used only for cul-de-sac type streets that run in a generally east-west direction;
Title 6 Landscaping
iv. Lane or Place shall be used for cul-de-sac type streets that run in a generally north-south direction; v. Road or Way shall be used only for streets that run in a diagonal manner, either a generally north-west-southeast direction or a northeast-southwest direction; vi. Street shall be used only for thoroughfares that run in a generally north-south direction;
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
214
vii. The words north, south, east or west should be avoided as part of a street name whenever possible. c. Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one. d. Whenever a street alignment changes direction more than seventy-five degrees without a return to the original alignment within a distance of 500 feet, then the name of the street shall be changed at the point of curvature. e. Whenever a cul-de-sac street serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac. f. To avoid duplication and confusion, the proposed names of all streets shall be approved by the City Engineer prior to such names being assigned or used. g. Stop signs, safety, speed limit and information signs shall be to local standards and installed at the direction of the Engineer. 4. Street Lights and Underground Utility Lines. In all new allotments or reallotments, all utility lines including those for street lighting, shall be installed underground. All owners or petitioners for subdivision of land shall grant easements for such lines and areas as are needed by the utilities for installation, maintenance and replacement of their lines and needed equipment including street lighting.
City of Streetsboro
Subdivisions Title 9
6. Planting Screens or Fences. The Planning Commission may require and permit planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and a marginal access street, provided that such planting screens or fences shall not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the plat. C. Sewer and Water Facilities. Adequate central sanitary sewer, including manholes, house laterals and other incidentals and water supply systems, shall be provided by the subdivider, either by the installation of new systems or by connection to existing systems which are deemed adequate by the City Engineer to handle the additional demands and volume which shall result from the proposed subdivision. The subdivider, prior to the submission of the plat for approval by the Planning Commission, shall receive the prior written approval for the extension or installation of the central water system and central sanitary sewer system from the City Engineer, the State Department of Health, and particular private or public utilities involved. All sanitary sewer pipes shall be coupled with a rubber gasket such as Tylox B, C, R-C-O or approved equal. All of the gaskets shall conform to the requirements of ASTM (American Society Testing Material) Designation C448-65 or ASTM (American Society Testing Material) Designation C425-66T utilizing the Type III compression joint only, or the latest revisions thereof. The gaskets used shall be a brand with at least five years proven satisfactory experience and service. D. Public Sites 1. The Planning Commission may require the dedication of land for parks, playgrounds, open space and/or school sites and shall require the developer to pay a fee per family unit to the Parks and Recreation Board pursuant to the Parks and Recreation's Master Plan to facilitate the development of said plan. This fee shall be in accordance with the fee structure as set forth under Chapter 149, Fees and Permit Charges (Section 149.09). These provisions shall apply to all major and minor subdivisions, single or multi-family improvements, apartments, condominiums and planned unit developments. Acceptance of any land is contingent on Council action to accept on behalf of the City, and further does not exempt one from the requirements of Section 149.09 unless the proposed development is a nonresidential commercial development, private recreation park, business property and/or industrial
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
c. A3""(!%X". Trees shall be at least one and one-half inches in diameter one foot above the ground. Lowest branches shall be not less than seven feet and no more than ten feet above the ground.
Title 6 Landscaping
b. L&#1$%&'. Street trees shall be spaced so that there shall be one per lot, but not in excess of eighty feet on center. No trees shall be planted within forty feet of the intersection of two street right-of-way lines. Approaches to buildings should be considered when locating trees.
Title 7 Signs
Trees which have undesirable characteristics such as fruit, low branches, unpleasant odors, excessively thick foliage, susceptibility to disease or attack by insects, or large root systems such as Poplar, Willow, Cottonwood, American Elm, Ailanthus, Mountain Ash, Silver Maple, Ash Leaved Maple and Oregon Maple are prohibited in the planting strip. Poplar, Willow or Cottonwood trees, if planted on private property, shall be located not less than 100 feet from any public sewer.
Title 8 Administration
The species of trees suggested are Red Maple, Norway Maple, Sugar Maple, Sycamore Maple, Red Oak, Thornless Honey Locust, London Plane Tree, Amur Cork Tree and Sweet Gum, Buckeye, Ruby Red Horsechestnut, European Hornbeam, Hornbeam, American Hop Hornbeam, Chinese Hackberry, Hackberry, Maidenhair Tree, European Linden, Flowering Dogwood and Flowering Crabapples as approved by the Planning Commission.
Title 9 Subdivisions
a. !2"#%"5. The trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities or street lighting.
Title 10 LID Standards
5. Street Trees. The trees shall be provided only on streets with curbs and gutters as required in the improvement schedule and as follows:
Title 11 Definitions
The subdivider shall include a restrictive covenant in the plat to allow for the agreement of property owner/purchasers/grantees or assignees to assessment installation and operation and maintenance of street lighting as deemed appropriate by Council resolution of necessity.
Table of Contents
1183 Improvement Requirements and Specifications Chapter 11.906
215
Title 9 Subdivisions Chapter 11.906 1183 Improvement Requirements and Specifications Table of Contents
development. It is further required that any funds received by the Park Board pursuant to this section be restricted for Capital Improvements only.
Title 1 Purpose & Scope
2. Lands dedicated to the City for public sites may have multiple uses, including 10 year flood plain, setback; requirements for wells, and preservation of archaeological sites, at the discretion of the Planning Commission. 3. The designation of a private park within the boundaries of the lands proposed shall not exempt the applicant from the requirements of these Public Site provisions.
Title 2 Districts & Uses
4. At the discretion of the Planning Commission, public sites may be designated for schools whereby the multiple uses listed in subsection 2 hereof shall not apply. It is recommended that public sites for schools be at least ten acres in area; sites for neighborhood parks be at least seven acres, and schoolpark sites be at least fifteen acres in area. It is also recommended that public sites adjoining subdivisions should be located together so that larger, more useable sites are created.
Title 3 Special Districts
5. The applicant shall submit improvement plans for the public site to the Planning Commission at the time of site plan or plat submittal. Public Site improvements may include all weather access, ground clearing and shaping, drainage, seeding, landscaping, parking, sport apparatus, fencing and lighting as deemed appropriate by the Planning Commission.
Title 4 Gen. Provisions
6. The Planning Commission may elect to cause the applicant to engage the services of an approved professional archeologist to survey the land and inventory archaeologically sensitive areas. Such areas may be required to be set aside as a public site at the Planning Commission's discretion. At the conclusion of archaeological salvaging, the site may revert to the applicant's use or a public site as determined by the archeologist's report and the applicant's and Planning Commission's agreement.
Title 5 Parking
No zoning permit shall be issued without the dwelling unit park fee being on deposit with the City Finance Director and the public site legal boundary description or plat, signed by the property owner, transferred to the City Engineer, for presentation to and acceptance by Council. E. Monuments.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
216
1. Monuments shall be one inch pipe or steel rods set in and running through a concrete block at least six inches in diameter and at least thirty inches long and the bottom of such block shall be set at least thirty inches deep, below finished grade in the plat, and the points at which they may be found shall be designated on the plat. All monuments set in pavements shall be set in standard type monument boxes. Where new streets intersect existing highways, monuments may be placed on the centerline of the new road at the right of way of the existing road. 2. Four monuments shall be set in each plat of ten lots or less, and not less than six shall be set in each plat containing over ten lots. Iron pins shall be set at all lot corners and in all changes in lot line direction and at the P.C. and P.T. of all right-of-way curves.
Section 11.906.02 1183.02 OVERSIZE AND/OR OFF‐SITE IMPROVEMENTS Oversize and/or off-site extensions of utilities, pavements and other improvements shall be designed and constructed to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area. Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary, the subdivider shall install all improvements required to serve his subdivision plus the additional oversize and/or off-site improvements required. The subdivider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site improvements required. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.
Section 11.906.03 1183.03 CONSTRUCTION REQUIREMENTS A. Preconstruction Meeting and Work Schedule. A preconstruction meeting shall be held with the City Engineer prior to the commencement of any project. At this time the project shall be discussed in regard to procedure, plans, materials and inspections.
City of Streetsboro
Subdivisions Title 9
3. Grade stakes. Pavement and pipe grade stakes shall be set at twenty-five foot intervals on horizontal and vertical curves and for all grades less than one percent (1%). Tangent pavement grades and pipe grades over one percent (1%) may be set at a maximum interval of fifty feet. The inspector may ask for additional grade stakes if it is deemed necessary. 4. Repair of damage. Any damage done to the improvements by construction traffic, local traffic, or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun. 5. Final cleaning up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector. 6. Maintenance of improvements of dedicated streets. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots, until the certificate of substantial completion of improvements by the City Engineer. The subdivider shall be notified by the City Engineer or Planning Commission of the need for such maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the City Engineer, the City Engineer may perform such maintenance or service and bill the subdivider for such service. Payment shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified in !"#$%&'())*F,G*,.*P.
Section 11.906.04 1183.04 AGREEMENTS AND GUARANTEES All bonds and insurance required under this section shall be secured from companies authorized to do business in the State. No subdivision shall be approved until the improvements required have been constructed or a bond, executed by a surety company, or developer's property bond on real estate, or securities, including but not limited
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
2. Work schedules. The subdivider and/or contractor shall submit weekly work schedules every Friday for the following week's work. Work which has not been properly scheduled shall not be accepted by the City Engineer. All work schedules shall be inspected and approved by the City Inspectors. Unsatisfactory progress reports shall be returned for revision. The normal work week is assumed to be an eight-hour day, Monday through Friday; if overtime shall be needed, it shall be indicated on the schedule.
Title 6 Landscaping
1. Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project, at all times, two approved copies of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent superintendent acting as his agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and to promptly supply such materials, tools, plant equipment and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.
Title 7 Signs
C. Construction Responsibilities.
Title 8 Administration
3. Final inspection. Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the City Engineer. The City Engineer shall make a final inspection of improvements.
Title 9 Subdivisions
2. Authority and duties of inspectors. Inspectors for the City shall be authorized to inspect any work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City Engineer. Inspection during the installation of improvements shall be made by the inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreement. See !"#$%&'())*F,-*,H for fees.
Title 10 LID Standards
1. Responsible official. The City Engineer shall be responsible for the inspection of all improvements.
Title 11 Definitions
B. Construction Inspections.
Table of Contents
1183 Improvement Requirements and Specifications Chapter 11.906
217
Title 9 Subdivisions Chapter 11.906 1183 Improvement Requirements and Specifications Table of Contents
to mortgages and deeds of trust, or other adequate collateral as determined by the Law Director, has been deposited with the Finance Director guaranteeing the faithful performance of the construction of such streets in any new subdivision.
Title 1 Purpose & Scope Title 2 Districts & Uses
A. Construction Agreement. To assure construction and installation of improvements required by these Regulations, the subdivider shall execute a construction agreement with the Finance Director in form and substance as determined by the City Engineer and approved by the City's Law Director. This agreement shall provide that all such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements; such improvements shall be available to and for the benefit of the lands within such subdivision; that such improvements shall be completed and installed within eighteen months of the date of conditional approval of the plat as permitted according to !"#$%&'())*F,+*,.*Z**+. Any further provisions that the City's Law Director may deem necessary in the public interest may be added.
Title 3 Special Districts
The construction agreement shall further provide that, in the case where approval of the plat has been given before construction or improvements and a performance guarantee has been provided and if the improvements are not completed within the specified time, the City upon proper notice may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of the works.
Title 4 Gen. Provisions
B. Commencement of Improvements. No construction of any improvements or clearing, grubbing and grading shall be commenced prior to the approval of the construction agreement by Council. C. Performance Guarantee.
Title 5 Parking
1. Type. The subdivider, in lieu of actual installation or completion of the required improvements when requesting conditional approval of a plat, shall execute and file a construction agreement and cash bond in accordance with Section !"#$%&'())*F,+*,.*Y**. of these Regulations. 2. Term. Guarantees shall be for a period of not longer than two years unless the Public Service Director shall extend the time period or should recommend acceptance after completion.
Title 6 Landscaping
3. Amount. The financial guarantee shall be in an amount equal to the subdivider's estimate approved by the City Engineer of the cost of construction of all improvements plus ten percent (10%).
Title 7 Signs Title 8 Administration
D. Maintenance Guarantees. A cash maintenance bond shall be posted with the Public Service Director in the amount of ten percent (10%) of the cost of the improvements and shall be arranged for a period of eighteen months from date of acceptance of improvements by the City Engineer. The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent. He shall also make repairs due to erosion or abuse by utility companies and shall repair all failures for all other reasons during the maintenance guarantee period. The streets, street trees, monuments and other improvements shall be in a condition acceptable to Council at the end of the maintenance period. If the subdivider fails to perform the maintenance to the complete satisfaction of Council, Council may use such cash maintenance guarantee for improvements of properties within the subdivision.
Title 9 Subdivisions
E. Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary by Council which shall indemnify and save harmless the City from any and all liability arising by reason of the conditions which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the Law Director, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Council Clerk and Law Director.
Title 10 LID Standards
F. Title Insurance. A title insurance policy in an amount to be determined by the Law Director shall be furnished by the subdivider insuring the title of the lands to be dedicated and that all taxes are paid on all land to be dedicated to public use. The title insurance policy shall show the release by the mortgage holder, if any, of all interest in all property dedicated to a public use.
Title 11 Definitions
218
City of Streetsboro
Low‐Impact Development Standards Title 10
Section 11.1001.01 1191.01 COMPREHENSIVE STORM WATER MANAGEMENT PLAN The Riparian and Wetland Setback Plan developed to meet this regulation will be coordinated and combined with the Post-Construction Water Quality Plan and the Construction Site Conservation Plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to make a Comprehensive Storm Water Management Plan for the site. The Comprehensive Storm Water Management Plan so developed will serve as the Storm Water Pollution Prevention Plan (SWP3) required by Ohio EPA as part of the NPDES Storm Water Permit for General Construction.
Section 11.1001.02 1191.02 PURPOSE A. Intent. The intent of this regulation is to:
Title 1 Purpose & Scope Title 2 Districts & Uses
Riparian and Wetland Setback Regulations
Title 3 Special Districts
Chapter 11.1001
Title 4 Gen. Provisions
Title 10 LOW‐IMPACT DEVELOPMENT STANDARDS
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
4. Preserve to the maximum extent practicable natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
Title 6 Landscaping
3. Preserve to the maximum extent practicable the natural drainage characteristics of the community and building sites and minimize the need to construct, repair, maintain, and replace enclosed storm drain systems.
Title 7 Signs
2. Establish consistent, technically feasible and operationally practical standards to achieve a level of storm water quantity and quality control that will minimize damage to public and private property and degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the Community.
Title 5 Parking
1. Protect the receiving stream's physical, chemical, and biological characteristics and to maintain stream functions.
Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
Section 11.1001.04 1191.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY A. Conflict. Where this regulation imposes a greater restriction upon land than is imposed or required by other Community provisions of law, ordinance, contract or deed, the provisions of this regulation shall prevail.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
Section 11.1001.03 1191.03 DISCLAIMER OF LIABILITY
Title 10 LID Standards
7. Reduce the long term expense of remedial projects needed to address problems caused by inadequate storm water control.
Title 11 Definitions
6. Reduce the need for costly maintenance, costly mitigation, and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate storm water control due to the loss of riparian areas and wetlands.
Title 8 Administration
5. Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.
219
Title 10 Low‐Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents
B. If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
Title 1 Purpose & Scope
C. These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on his or her property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.
Title 2 Districts & Uses
D. Failure of the Community to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the Community, its officers, employees, or agents being responsible for any condition or damage resulting there from.
Section 11.1001.05 1191.05 EFFECTIVE DATE This chapter and its regulations shall become effective upon their passage.
Title 3 Special Districts
Section 11.1001.06 1191.07 SCOPE
Title 4 Gen. Provisions
This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, property/parcel splits, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. This chapter does not apply to: A. Land disturbing activities related to producing agricultural crops or Silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation.
Title 5 Parking
B. Strip mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation. C. Surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
Title 6 Landscaping
Section 11.1001.07 1191.08 CONSULTATIONS
Title 7 Signs
In implementing these regulations the Engineering Director and/or his or her designees or other Community officials may consult with the local county Soil and Water Conservation District (SWCD), state and federal agencies and other technical experts as necessary. Any costs associated with such consultations shall be assessed to the applicant or his or her designated representative.
Section 11.1001.08 1191.09 RIPARIAN AND WETLAND SETBACK REQUIREMENTS Title 8 Administration
A. It is hereby determined that the system of wetlands, riparian areas, rivers, streams, and other natural watercourses within the Community contributes to the health, safety, and general welfare of the residents. The specific purpose and intent of this part of these regulations is to regulate uses and developments within riparian and wetland setbacks that would impair the ability of riparian and wetland areas to:
Title 9 Subdivisions
1. Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow. 2. Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
Title 10 LID Standards
3. Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses. 4. Reduce pollutants in watercourses by filtering, settling, transforming and absorbing pollutants in runoff before they enter watercourses.
Title 11 Definitions
220
5. Provide watercourse habitats with shade and food.
City of Streetsboro
Low‐Impact Development Standards Title 10
1. These regulations shall apply to: a. All lands that are within the jurisdiction of the Community and that border designated watercourses and wetlands as defined in these regulations. b. These regulations shall apply to property/parcel split plan approvals, site plan approvals, and land development plan approvals requested of the Community. c. These regulations shall apply to all building permits, which involve soil disturbing activities. 2. The Community shall issue no approvals or permits without full compliance with the terms of these regulations.
Section 11.1001.09 1191.10 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS A. Designated watercourses addressed by this ordinance are those which meet the definition of "stream" of these regulations and are indicated on at least one of the following maps (most recent edition):
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
C. Applicability and Compliance:
Title 4 Gen. Provisions
B. The following regulations have been enacted to protect these services of riparian and wetland areas by providing reasonable controls governing structures and uses within a wetland and/or riparian setback along designated watercourses in the Community.
Title 5 Parking
7. Benefit the Community economically by minimizing encroachment on wetlands and watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of residents; provide free water absorption, filtration and well recharge; and by contributing to the scenic beauty and environment of the Community, and thereby preserving the character of the Community, the quality of life of the residents of the Community, and corresponding property values.
Title 6 Landscaping
6. Provide habitat to a wide array of aquatic organisms, wildlife, many of which are on Ohio's Endangered and/or Threatened Species listings, by maintaining diverse and connected riparian and wetland vegetation.
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
2. Portage County/City of Streetsboro Riparian map
Title 7 Signs
1. USGS topographical map.
2. A minimum of 100 feet on both sides of all watercourses draining an area greater than 20 square miles and up to 300 square miles. 3. A minimum of 75 feet on both sides of all watercourses draining an area greater than one half square mile (320 acres) and up to 20 square miles. 4. A minimum of 50 feet on both sides of all watercourses draining an area greater than 0.05 square miles (32 acres) and up to one half square mile (320 acres). 5. A minimum of 25 feet on both sides of all watercourses draining an area less than 0.05 square miles (32 acres).
Title 9 Subdivisions
1. A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles.
Title 10 LID Standards
B. Riparian setbacks on designated watercourses are established as follows:
Title 8 Administration
3. Soils maps located in the Soil Survey for Portage County, Ohio, USDA, NRCS.
1. The Community shall use the latest edition of the official soil survey that shows drainage features, as the map identifying designated watercourses and their riparian setbacks. The drainage features
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
C. Riparian Setback Map:
221
Title 10 Low‐Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents
identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
Title 1 Purpose & Scope
2. At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail. 3. In reviewing and interpreting the maps the Community may consult with a representative of the local county SWCD and other technical experts as necessary.
Title 2 Districts & Uses
D. The following conditions shall apply in riparian and wetland setbacks: 1. Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
Title 3 Special Districts
2. Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state and shall be established and marked in the field prior to any soil disturbing or land clearing activities.
Title 4 Gen. Provisions
3. Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the Engineering Director and/or his or her designees. The 100-year floodplain shall be defined by FEMA.
Title 5 Parking
4. Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
Title 6 Landscaping
5. Wetlands shall be delineated by a site survey approved by the Community using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
222
E. The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all property/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the Community. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the Community. As a result of this review, the Community may consult with a representative of the local county SWCD or other technical experts as necessary. F. Prior to any soil disturbing activity, the Riparian Setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soildisturbing activities. The delineated area shall be maintained in an undisturbed state unless permitted by these regulations. All fencing shall be removed when a development project is completed. G. No approvals or permits shall be issued by the Community prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations. H. Upon completion of an approved property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the Community. I.
The following are exempt from the terms and protection of this ordinance: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tile drainage systems and stream culverts.
J. Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the Riparian Setback formulae for width determination: Average Percent Slope
Width of Setback
City of Streetsboro
Low‐Impact Development Standards Title 10
Section 11.1001.10 1191.11 ESTABLISHMENT OF WETLAND SETBACKS Wetland setbacks are established as follows: A. A minimum of 120 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification. B. A minimum of 75 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification. C. A minimum of 25 feet surrounding and including all Ohio EPA Category 1 Wetlands, or current equivalent Ohio EPA classification.
Section 11.1001.11 1191.12 PROCEDURE FOR WETLAND SETBACKS
Title 1 Purpose & Scope Title 2 Districts & Uses
Average percent slope of the stream bank is to be calculated for the area within the Riparian Setback and is to be measured as a line perpendicular to the stream channel at the location where structures or uses are proposed in the plan.
Title 3 Special Districts
Add 25 feet Add 50 feet Add 100 feet
Title 4 Gen. Provisions
15% through 20% Greater than 20% through 25% Greater than 25%
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
Title 6 Landscaping
2. If a potential wetland is shown on any of the maps or if there is reason for the Community to believe that an unmapped wetland exists including but not limited to vernal pools, wet woods, or any well water re-charge areas, or on or within 50 feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.
Title 7 Signs
1. Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Portage County Wetlands Inventory (if applicable). A photocopy of the applicable section of each map will be attached to the permit application.
Title 5 Parking
A. No change to parcel boundaries or land use:
3. If Ohio EPA Category 1, 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions Title 10 LID Standards
2. A qualified wetland professional, acceptable to the Engineering Director and/or his or her designees, shall determine the presence of Ohio EPA Category 1, 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the Engineering Director and/or his or her designees.
Title 11 Definitions
1. Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed:
Title 8 Administration
B. New residential or commercial or other type development and projects involving a change to parcel boundaries or a land use change:
223
Title 10 Low‐Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
224
property/parcel split plans, land development plans, and/or permit applications submitted to the Community. a. Wetlands shall be delineated by a site survey, approved by the Community, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply. b. Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the Community. 4. Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction. 5. No approvals or permits shall be issued by the Community prior to delineation of wetland setbacks in conformance with this regulation. C. Upon completion of an approved property/parcel split, commercial development or other land development or improvement, riparian and wetland setbacks shall be permanently recorded on the plat records for the Community and shall be maintained as open space thereafter.
Section 11.1001.12 1191.13 USES PERMITTED IN RIPARIAN AND WETLAND SETBACKS A. By-Right Uses without Permit. Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including, but not limited to, those listed in these regulations. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands. 1. Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking, and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas. 2. Removal of Storm Damaged or Diseased Trees. Storm Damaged or diseased trees may be removed. Because of the potential for storm damaged braches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, new logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain. Existing downed logs and braches help stabilize the soil and should not be moved. 3. Revegetation and/or Reforestation. The revegetation and/or reforestation of the Riparian Setback shall be allowed without approval of the Portage SWCD. Native Species of shrubs and plants are recommended for stabilizing flood prone areas along streams within the City of Streetsboro are listed in the Appendix. 4. Maintenance of lawns, gardens and landscaping. Lawns, gardens and landscaping that existed at the time this ordinance was passed, may be maintained as long as they are not increased in size, or having increased amounts of fertilizer, pesticides and/or herbicides. B. By Right Uses with a Permit. The following uses are permitted by right within the Riparian Setbacks with prior approval of the design: 1. Stream Bank Stabilization/Erosion Control Measures. Best Management Practices (BMP's) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a Storm Water Pollution Prevention Plan (SWPPP or SW3P) by the Portage SWCD.
City of Streetsboro
Low‐Impact Development Standards Title 10
a. Limited crossings of designated streams through the Riparian Setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.
Title 1 Purpose & Scope
2. Crossings. In reviewing plans for stream crossings, the City may confer with the Portage SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Portage Engineer; the Portage County Water Resources Department; the Portage County Health Department; or other technical experts as necessary.
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
a. Storm water quality treatment that is consistent with current state standards is incorporated into the basin. b. The storm water quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
Section 11.1001.13 1191.14 USES PROHIBHTED IN RIPARIAN AND WETLAND SETBACKS Any use not authorized under these regulations shall be prohibited in riparian and wetland setbacks. By way of example, the following uses are specifically prohibited; however, prohibited uses are not limited to those examples listed here.
Title 3 Special Districts Title 4 Gen. Provisions
3. Storm Water Appurtenances. Placement of storm water retention or detention facilities may be considered within the Riparian Setback if:
Title 5 Parking
d. All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Riparian Setback and shall mitigate any necessary disturbances.
Title 6 Landscaping
c. Roadway crossings for major and minor subdivisions, open space subdivisions, or any other nonsingle family residential use shall be designed and constructed per the City of Streetsboro Engineer's design standards and as approved by the City of Streetsboro Planning Commission. If more than two crossings per 1,000 lineal feet of stream center are required for these areas, the applicant must apply for a variance.
Title 2 Districts & Uses
b. One driveway crossing per stream per tax parcel will be allowed for an individual landowner.
E. Modification of Natural Vegetation. Modification of the natural vegetation shall be limited to conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; for such disturbances as are approved under these regulations; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the Riparian Setback provided the landowner allows natural succession of native species. F. Parking Lots. There shall be no parking lots or other human-made impervious cover, except as permitted under these regulations. G. New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian and wetland setbacks shall not be used for the disposal or treatment of sewage except in accordance with local county Board of Health regulations in effect at the time of application of this regulation except for:
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration Title 9 Subdivisions
D. Motorized Vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.
Title 10 LID Standards
C. Roads or Driveways. There shall be no roads or driveways, except as permitted under these regulations. There shall be no roads or driveways or roads permitted in wetlands or watercourses without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.
Title 11 Definitions
B. Dredging or Dumping. There shall be no drilling for petroleum or mineral products, mining activity, filling or dredging of soil, spoils, or any material-natural or man-made-except as permitted under these regulations..
Title 7 Signs
A. Construction. There shall be no structures of any kind, except as permitted under these regulations.
225
Title 10 Low‐Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents
1. Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this ordinance.
Title 1 Purpose & Scope
2. Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Portage County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the Riparian Setback can be upgraded with approval of the Portage County Health Department and/or the Ohio Environmental Protection Agency.
Title 2 Districts & Uses
H. Crossings. Crossings of designated riparian and wetland setbacks by publicly and privately owned sewer and/or water lines and small public and small private utility transmission lines without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.
Title 3 Special Districts
Section 11.1001.14 1191.15 NON‐CONFORMING STRUCTURES OR USES IN RIPARIAN AND/OR WETLAND SETBACKS A. Structures and uses within the Riparian and/or Wetland Setbacks, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded except as set forth in this title.
Title 4 Gen. Provisions
B. If damaged or destroyed, these structures or uses may be repaired or restored within two years from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owners own risk.
Title 5 Parking
C. A residential structure or use within the Riparian and/or Wetland Setback existing at the time of passage of these regulations may be expanded subject to the provisions of (1) through (3) below: 1. The expansion conforms to existing zoning regulations. 2. The expansion must not impact the stream channel or the 100-year flood plain.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
226
3. The expansion must not exceed an area of 15% of the footprint of existing structure or use that lies within the Riparian and/or Wetland setback. Expansions exceeding 15% of the footprint within the Riparian and/or Wetland Setback must be obtained through the variance process. D. A non-conforming structure or use that is discontinued may be resumed any time within six (6) months from such discontinuance but not thereafter. No change or resumption shall be permitted that is more detrimental to riparian and wetland setbacks, as measured against the intent and objectives of these regulations as determined by the Community, than the existing or former non-conforming structure or use.
Section 11.1001.15 1191.16 VARIANCES WITHIN RIPARIAN AND/OR WETLAND SETBACKS A. The Community may grant a variance from this regulation as provided herein. In determining whether there is unnecessary hardship or practical difficulty such as to justify the granting of a variance, the Community shall consider the potential harm or reduction in riparian and/or wetland area functions that may be caused by a proposed structure or use. The Board of Appeals may consult with representatives from the Portage SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County Engineer; the Portage County Water Resource Department; the Portage County Health Department; or other technical experts as necessary to consider variance requests. B. Expansions of residential structures or uses exceeding 15% of the footprint area and expansions of all nonresidential structures or uses are subject to provisions (1) through (4) below: 1. The expansion conforms to the existing zoning regulations. 2. The expansion must not impact the stream channel, wetlands or the 100-year floodplain. 3. The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or stream bank erosion to landowners in those
City of Streetsboro
Low‐Impact Development Standards Title 10
2. A reduction of the setback width, not to exceed 10% of the prescribed Riparian Setback width. D. No variances shall be granted for expansion of the following structures or uses: 1. Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline services, and road maintenance facilities. 2. Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to storm water runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns. E. In making a variance determination, the Community shall consider the following:
Title 1 Purpose & Scope
1. An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare, and safety of the residents of the subdivision.
Title 2 Districts & Uses
C. Requests for variances for subdivisions will be considered for the following:
Title 3 Special Districts
4. The expansion of a non-residential structure or use will not exceed 25% of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the Riparian Setback.
Title 4 Gen. Provisions
areas. The hydrologic study must be completed by non-residential applicants only as a process of the variance application.
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
2. Variances should not be granted for asphalt or concrete paving in the riparian and wetland setbacks in any situation where gravel or porous pavement (i.e., porous pavers, and similar products) will do the job.
Title 5 Parking
1. Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied.
4. The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity. 5. Soil disturbing activities permitted in a riparian and/or wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize soil erosion and maximize sediment control. 6. The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in riparian setback areas compromises their benefits to the Community.
Title 7 Signs
3. The extent to which the requested variance impairs the flood control, soil erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data.
Title 8 Administration
2. The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100year floodplain. The criteria of the Community's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.
Title 9 Subdivisions
1. A parcel existing at the time of passage of this chapter is made unbuildable.
Title 6 Landscaping
F. In making a variance determination, the Community may consider the following:
8. A requested above ground fence does not increase the existing area of mowed grass or lawn. 9. Modifying parking requirements before varying the riparian setback.
Title 10 LID Standards
7. A reduction in storm water infiltration into the soil in wetland areas will occur.
11. In the case of a lot made unbuildable by this regulation, consider the minimum variance needed to make it buildable for an appropriately sized and compatibly designed structure, while following the guidance provided in this section.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
10. Modifying building shape, size or design to avoid or minimize intrusion into the riparian setback.
227
Title 10 Low‐Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents
12. Whether the variance will increase the likelihood for flooding or erosion damage to either the applicant's property or to other properties. 13. Culverting of watercourses should be avoided.
Title 1 Purpose & Scope
14. Whether the variance will result in the need for artificial slope or bank stabilization measures that could interfere with the functions of the riparian zone. G. When a variance is granted that results in a loss of riparian or wetland function, that loss must be mitigated according to the following:
Title 2 Districts & Uses
1. If the loss will result in increased flooding, stream bank erosion, or in-stream sedimentation, the loss shall be mitigated at the site or upstream of the site in the same watershed.
Title 3 Special Districts
2. If biological functions are the only loss, mitigation will occur upstream whenever feasible. If not, a downstream site will be sought. If no suitable mitigation sites can be found on the affected stream, a site located anywhere in the community shall be selected. 3. All wetland losses must be mitigated upstream of the disturbed locations.
Title 4 Gen. Provisions
4. Mitigation or riparian and wetland setback losses shall consist of a minimum of 150% of the area disturbed by the variance granted. 5. Mitigation of actual wetland losses shall be at the rate of 150% of the area lost by the variance granted. 6. Mitigation of wetland setback losses can occur at any previously impacted site in the community or in an upstream tributary area outside of the community.
Title 5 Parking
7. Prior to granting any variance that results in a loss of riparian or wetland function or wetland area, the applicant must submit a statement that identifies all requested losses, an evaluation of mitigation needs and documentation of the planned mitigation to offset the losses; this statement will be submitted to Ohio EPA at part of the community's Annual Storm Water Program Report.
Title 6 Landscaping
8. Prior to granting any variance that results in a loss of riparian or wetland function or wetland area, the applicant must submit a statement that legally binds the applicant to complete, at his or her personal expense, any future mitigation and to pay any penalties or fines that may be assessed or assigned to the community by any regulatory authority relative to the granting of any of the applicants requested variances under this ordinance.
Title 7 Signs
9. Completion of all mitigation projects resulting from the granting of variances under this section shall be completed before any construction or maintenance guarantee for the project can be released.
Title 8 Administration
Section 11.1001.16 1191.17 BOUNDARY INTERPRETATION AND APPEALS PROCEDURE
Title 9 Subdivisions
A. Documentation. When an applicant or his or her designated representative disputes the boundary of a riparian or wetland setback or the ordinary high water mark of a watercourse, the applicant or his or her designated representative shall submit documentation to the Community which describes the boundary, the applicant's proposed boundary, and justification for the proposed boundary change.
Title 10 LID Standards
B. Determination; Timeframe. The Community shall evaluate this documentation and shall make a written determination within a reasonable period of time, not to exceed sixty (60) days, a copy of which shall be submitted to the applicant. If during this evaluation the Community requires further information, it may be required of the applicant. In the event that the Community requests such additional information, the sixty-day limit on the Community's review shall be postponed until the applicant provides such information. C. Appeal. Any party aggrieved by any wetland or riparian setback determination under this regulation may appeal to the Board of Zoning Appeals.
Title 11 Definitions
228
City of Streetsboro
Low‐Impact Development Standards Title 10
2. Prior to starting any of the activities authorized by the Community under the uses permitted in riparian and wetland setbacks section of these regulations, the applicant or his or her designated representative shall provide the Community with at least five (5) working ,2>1(%/#$+.- prior to starting such activities. 3. Any time evidence is brought to the attention of the Community that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.
Section 11.1001.18 1191.19 VIOLATIONS No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.
Title 1 Purpose & Scope Title 2 Districts & Uses
1. Prior to any soil disturbing activities authorized by the Community for a property/parcel split, land development plan, and/or building permit. The applicant or his or her designated representative shall provide the Community with at least five (5) working ,2>1(%/#$+.- prior to starting soil disturbing or land clearing activities.
Title 3 Special Districts
A. The delineation of riparian and/or wetland setbacks shall be inspected by the Community, as follows:
Title 4 Gen. Provisions
Section 11.1001.17 1191.18 INSPECTION OF RIPARIAN AND WETLAND SETBACK
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
D. The imposition of any other penalties provided herein shall not preclude the Community, by or through its Law Director and/or any of his or her assistants, from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the Engineering Director and/or his or her designees.
Title 6 Landscaping
C. Upon notice from the Engineering Director and/or his or her designees, or designated representative, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the Engineering Director and/or his or her designees may require that work be stopped upon verbal order pending issuance of the written order.
Title 7 Signs
B. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
Title 8 Administration
A. Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense.
Title 5 Parking
Section 11.1001.19 1191.99 PENALTIES
Draft Zoning Ordinance: February 15, 2012
229
Title 10 Lowâ&#x20AC;?Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents
Appendix: Woody Plants Suitable for Riparian Areas
Title 1 Purpose & Scope
Plant Selections
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration
Y#&375(#181E75 ......................................................... Sweet Flag Y;15$1#0"(5#3&207813%%9&8%1 ....................................... Purple Giant Hyssop Y5#8"2%15(%'#13'1$" .................................................... Swamp Milkweed Y5#8"2%15(5>3%1#1 ........................................................ Common Milkweed Y5#8"2%15($7?"3&51 ..................................................... Butterfly Weed Y5$"3(K!>E20>&$3%#07EN('&@1"_1';8%1" ................... New England Aster Y5$"3(27'%#"75 ............................................................ Purple-stemmed Aster Y5$"3(7E?"881$75 ........................................................ Flat-topped Aster I12$%5%1(175$318%5 ........................................................ Blue Wild Indigo /01E1"#3%5$1(915#%#781$1 .......................................... Partridge Pea /1E21'781(3&$7'6%9&8%1 ............................................. Harebell /0"8&'"(;81?31 ........................................................... Turtlehead Z#0%'1#"1(273273"1 ................................................... Purple Coneflower Z3>';%7E(>7##%9&8%7E ................................................. Rattlesnake Master Z721$&3%7E(E1#781$7E ............................................. Joe-pye weed Z721$&3%7E(2"39&8%1$7E ............................................. Common Boneset `"8%&25%5(0"8%1'$0&%6"5 .............................................. Ox Eye Sunflower \3%5(@"35%#&8&3 .............................................................. Northern Blue Flag L%1$3%5(2>#'&5$1#0>1 .................................................. Prairie Blazing Star L&?"8%1(#136%'18%5 ....................................................... Cardinal flower L&?"8%1(5%20%8%$%#1........................................................ Great Blue Lobelia W&'1361(6%6>E1 ........................................................ Bee Balm W&'1361(9%5$78&51 ...................................................... Bergamot W%E7875(3%';"'5 ......................................................... Monkey Flower O"8$1'631(@%3;%'%#1 ..................................................... Arrow-Arum O0>5&5$";%1(@%3;%'%1'1 ............................................... Obedient Plant O&'$"6"3%1(#&361$1 .................................................... Pickerel Weed O>#'1'$0"E7E(@%3;%'%1'7E ...................................... Virginia Mountainmint :76"?"#U%1 ................................................................. Black-eyed Susan !1737375(#"3'775 ....................................................... Lizard's Tail !&8%61;&(K;%;1'$"1D(&0%&"'5%5D(3%66"88%N ..................... Goldenrod A316"5#1'$%1(@%3;%'%1'1 ............................................. Spiderwort T"3?"'1(015$1 ............................................................ Blue vervain T"3'&'%1(;%;1'$"1 ...................................................... Tall Ironweed T"3'&'%1('&@"?&31#"'5%5 .......................................... Common Ironweed ffA0%5(%5('&$(1(#&E23"0"'5%@"(8%5$ff(
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
230
City of Streetsboro
Lowâ&#x20AC;?Impact Development Standards Title 10
/&3'75(31#"E&51
Gray Dogwood(
/&3'75(5"3%#"1
Redosier Dogwood(
\8"=(@"3$%#%881$1
Winterberry
!1E?7#75(#1'16"'5%5
American Elderberry(
W>3%#1(2"'5>8@1'%#1
Northern Bayberry(
T%?73'7E(6"'$1$7E
Arrowwood Viburnum(
T%?73'7E($3%8&?7E
American Cranberry Bush(
T%?73'7E(8"'$1;&
Nannyberry Viburnum
Title 2 Districts & Uses
Silky Dogwood(
Title 3 Special Districts
/&3'75(1E&E7E
White flowers in spring and bright red fruits in late summer. Flat, white flower clusters in spring followed by pale blue berries that turn black and attract birdsÍž dark red twigs in winter White flowers in spring are followed by white fruit on red pedicles in late summer. Burgundy red fall color. Small white flowers in early June and white fruit in summer. Bright red winter stems. Females are adorned with brilliant red fruit in fall which last into winter if not taken by birds. Plant 1 male for every 3 females to ensure good pollination. Large clusters of whitish flowers in June followed by small purple- black fruits in fall that can be used for jams and wine. Semi-evergreen foliage and persistent blue-gray fruit are both fragrant. White flower clusters in June give way to steel blue fruit in late summer. The fall color is yellow to burgundy to bright red. White flower clusters are surrounded by a ring of showy flowers in late spring. Bright red fruit. Fall color is bright red to maroon. White flowers in May and fruit which change from blue to black in fall. The fall color is often a vivid combination of oranges and reds.
Title 4 Gen. Provisions
Buttonbush(
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
/"20181'$075(&##%6"'$18%5
Title 5 Parking
Shrub Selections
Title 1 Purpose & Scope
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
Draft Zoning Ordinance: February 15, 2012
231
Title 10 Lowâ&#x20AC;?Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
232
Flood Tolerance* High Flood Tolerance Aronia arbutifolia Aronia melanocarpa Cephalanthus occidentalis Clethra alnifolia Cornus amomum Cornus Stolonifera (sericea) Hamamelis vernalis Ilex deciduas Ilex glabra Ilex verticillata Itea virginica Magnolia virginiana Myrica pensylvanica Physocarpus opulifolius Potentilla fruticosa Sambucus Canadensis Salix exigua Viburnum cassinoides Viburnum trilobum Parthenocissus quinquefolia Moderate Flood Tolerance* Calycanthus floridus Hypericum Kalmianum Viburnum dentatum Xanthorhiza simplicissima Intermediate Flood Tolerance* Aesculus parviflora Aesculus pavia Cornus racemosa Lindera benzoin Rosa setigera Campsis radicans Corylus Americana Fothergilla gardeni Fothergilla major Hydrangea arborescens Hydrangea quericifolia Larix laricina Mahonia aquifolium Rosa carolina Rubus odoratus Vaccinium stamineum Low Flood Tolerance Arctostaphylos uva-ursi Cornus rogusa Corylus americana Fothergilla gardeni Fothergilla major Hydrangea arborescens Hydrangea quericifolia Mahonia aquifolium Rosa carolina Rubus odoratus Symphoricarpos albus
Shade Tolerance** 3 3 5 2 4 5 3 3 2 3 1 2 4 4 4 1
1
Common Name Red chokeberry Black chokeberry Common buttonbush Summersweet clethra Silky dogwood Redosier dogwood Vernal witchhazel Possumhaw Inkberry Common winterberry Virginia sweetspire Sweetbay magnolia Northern bayberry Common ninebark Bush cinquefoil American elderberry Sandbar willow Witherod viburnum American Cranberry Bush Virginia creeper (vine)
1 5 2 1
Common sweetshrub Kalm St. Johnswort Arrowwood viburnum Yellowroot
2 2 2 1 4 3 2 1 1 1 1 1 4 1 2
Bottlebush buckeye Red buckeye Grey dogwood Common spicebush Prairie rose Trumpetcreeper (vine) American filbert Dwarf fothergilla Large fothergilla Smooth hydrangea Oakleaf hydrangea American Larch (Tamarack) Oregongrape holly Carolina rose Fragrant thimbleberry Common deerberry
4 1 2 1 1 1 1 1 4 1 1
Bearberry Roundleaf dogwood American filbert Dwarf fothergilla Large fothergilla Smooth hydrangea Oakleaf hydrangea Oregongrape holly Carolina rose Fragrant thimbleberry Common snowberry
2
City of Streetsboro
Lowâ&#x20AC;?Impact Development Standards Title 10
No Flood Tolerance Ceanothus americanus Comptonia peregrine Dirca palustris Hypericum frondosum Juniperus communis Rhus aromatica Sambucus pubens Symphoricarpos albus
3 2 1 5 5 5 1 1
New Jersey tea Sweetfern Leatherwood Golden St. Johnswort Common juniper Fragrant sumac Scarlet elder Common snowberry
*High Flood Tolerance: Generally lowland wet species surviving when flooded or exposed to high water table more 40% of the growing season. *Moderate Flood Tolerance: Generally lowland wet species surviving when flooding or exposed to high water table more than 30% of the growing season but less than 40%. *Intermediate Flood Tolerance: Generally lowland wet-mesic species surviving occasional inundation or elevated water table between 20% and 30% of the growing season. *Low Flood Tolerance: Generally upland mesic and mesic-dry species rarely inundated or exposed to an elevated water table for periods of short duration, between 5% and 20% of the growing season.
Title 1 Purpose & Scope
Common deerberry
Title 2 Districts & Uses
2
Title 3 Special Districts
stamineum
Title 4 Gen. Provisions
Vaccinium
Table of Contents
Riparian and Wetland Setback Regulations Chapter 11.1001
Title 6 Landscaping
**Shade Tolerance: Shade tolerance means able to grow in a state of health and vigor beneath dense shade. In this ranking, shrubs and vines are ranked on a scale of 1 to 5, with 1 being very shade tolerant, and 5 being very shade intolerant.
Title 5 Parking
*No Flood Tolerance: Generally upland dry species exhibiting immediate and rapid decline frequently culminating in death if inundated or exposed to elevated water table for more than 5% of the growing season.
Ohio Stream Management Guide Fact Sheet Series http://www.dnr.state.oh.us/water/pubs/fs_st/streamfs.htm
Ohio Natural Resources Conservation Service http://www.oh.nrcs.usda.gov/programs/Lake_Erie_Buffer/riparian.html
(
Swamp White Oak d7"3#75(?%#&8&3( (
(
Bur Oak d7"3#75(E1#3&#1321(
Pin Oak d7"3#75(21875$3%5(
(
Red Maple (Y#"3(37?37E(
(
(
Box Elder Y#"3('";7'6&(
Honey Locust ]8"6%$5%1($3%1#1'$0&5(
(
Shellbark Hickory /13>1(81#%'%&51( (
(
Hackberry /"8$%5(&##%6"'$18%5(
Black Tupelo (Gum) 4>551(5>8@1$%#1( (
(
Alleghany Serviceberry YE"81'#0%"3(81"@%5(
(
Eastern Redbud /"3#%5(/1'16"'5%5(
Sweetgum
River Birch
Draft Zoning Ordinance: February 15, 2012
Sourwood
Title 10 LID Standards
Tree Selections American Sycamore O81$1'75(&##%6"'$18%5(
Title 11 Definitions
]+"-%2$%$5-%Q2$-0(1%R,9-%M2.$%H5--$%H-0+-1
Title 9 Subdivisions
Title 8 Administration
OSU Extension Fact Sheet A Managing Streamside Forests http://ohioline.osu.edu/for-fact/pdf/0054.pdf
Title 7 Signs
National Association of Conservation Districts A Buffer Notes http://www.nacdnet.org/buffers/
233
Title 10 Lowâ&#x20AC;?Impact Development Standards Chapter 11.1001 Riparian and Wetland Setback Regulations Table of Contents Title 1 Purpose & Scope
L%c7%61E?13(5$>31#%9871( (
I"$781('%;31(
(
Spicebush L%'6"31(?"'X&%'( (
(
Eastern Redcedar g7'%2"375(@%3;%'%1'1(
American Plum O37'75(YE"3%#1'1(
(
Witchhazel `1E1E"8%5(@%3;%'%1'1(
(
R=>6"'63&'(13?&3"7E(
(
Black Cherry O37'75(5"3&$%'1(
Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
234
City of Streetsboro
Low‐Impact Development Standards Title 10
A. Allow development while minimizing increases in downstream flooding, erosion, and sedimentation. B. Reduce damage to receiving water resources and drainage systems that are caused by new development or redevelopment activities. C. Control storm water runoff resulting from soil disturbing activities. D. Assure that development site owners control the volume and rate of storm water runoff originating from their property so that surface water and ground water are protected, soil erosion is controlled, and flooding potential is not increased. E. Preserve to the maximum extent practicable the natural drainage characteristics of the building site and minimize the need to construct, repair, and replace enclosed storm drain systems. F. Preserve to the maximum extent practicable natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
The intent of this regulation is to establish consistent technically feasible and operationally practical standards to achieve a level of storm water management, and erosion and sediment control that will minimize damage to public and private property and the degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the Community. This regulation further intends, but is not limited, to:
Title 4 Gen. Provisions
Section 11.1002.02 1193.02 PURPOSE
Title 5 Parking
The Construction Site Conservation Plan developed to meet this regulation will be coordinated and combined with the Riparian and Wetland Setback Plan and the Post-Construction Water Quality Plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to make a Comprehensive Storm Water Management Plan for the site. The Comprehensive Storm Water Management Plan so developed will serve as the Storm Water Pollution Prevention Plan (SWP3) required by Ohio EPA as part of the NPDES Storm Water Permit for General Construction.
Title 6 Landscaping
Section 11.1002.01 1193.01 COMPREHENSIVE STORM WATER MANAGEMENT PLAN
Title 7 Signs
Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate soil erosion, sediment and storm water control.
J. Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water, erosion and sediment control. K. Require the construction of storm water management practices that serve multiple purposes including flood control, soil erosion and sediment control, and require water quality protection; and encourage such practices that promote recreation and habitat preservation.
Title 11 Definitions
L. Ensure that all storm water management, soil erosion and sediment control practices are properly designed, constructed, and maintained.
Title 9 Subdivisions
I.
Title 10 LID Standards
H. Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.
Title 8 Administration
G. Assure that storm water controls are incorporated into site planning and design at the earliest possible stage.
Draft Zoning Ordinance: February 15, 2012
235
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
Section 11.1002.03 1193.03 DISCLAIMER OF LIABILITY
Title 1 Purpose & Scope
Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
Section 11.1002.04 1193.04 CONFLICTS, SEVERABILITY, NUISANCES, AND RESPONSIBILITY
Title 2 Districts & Uses
A. Conflicts. Where this chapter imposes a greater restriction upon land than is imposed or required by other Community provisions of law, ordinance, contract or deed, the provisions of this ordinance shall prevail. B. Severability. If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
Title 3 Special Districts
C. Nuisance. These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.
Title 4 Gen. Provisions
D. Responsibility. Failure of the Community to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the Community, its officers, employees, or agents being responsible for any condition or damage resulting there from.
Title 5 Parking
Section 11.1002.05 1193.05 EFFECTIVE DATE This chapter and its regulations shall become effective upon their passage.
Section 11.1002.06 1193.07 SCOPE Title 6 Landscaping
This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. This ordinance does not apply to:
Title 7 Signs
A. Land disturbing activities related to producing agricultural crops or Silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation. B. Coal surface mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
Title 8 Administration
C. Other surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
Section 11.1002.07 1193.08 CONSULTATIONS Title 9 Subdivisions
In implementing these regulations the Engineering Director and/or his or her designees or other Community officials may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations shall be assessed to the applicant or his or her designated representative.
Title 10 LID Standards
Section 11.1002.08 1193.09 ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL PROJECTS
Title 11 Definitions
A. Building Permit #1. Two building permits will be issued for all single-family residential construction and similar types of construction as determined by the Engineering Director and/or his or her designees and/or the Building Director. The first building permit shall allow the construction of the footers and basement walls or slab. No additional construction shall be performed and no additional building materials shall be allowed on
236
City of Streetsboro
Low‐Impact Development Standards Title 10
A. Development Sites 1 (One) Acre In Size or Larger: All developments that have a larger common plan of development or sale equal to or larger than one (1) acre in size of disturbed area are subject to this ordinance and shall follow all of the requirements set forth in this ordinance. 1. Description of the Plan of Construction: The following information shall be included in the Construction Site Conservation Plan: a. !%$"(P"5#3%2$%&': i.
A description of the prior land uses of the site.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
In order to control storm water damage and sediment pollution of water resources, wetlands, riparian areas, other natural areas, and public and private lands, the owner of each development area shall be responsible for developing a comprehensive Construction Site Conservation Plan. This plan will address storm water management (volume and peak rate of runoff), soil erosion, sediment and other wastes control. This plan must contain a description of controls appropriate for each construction operation covered by these regulations, and the operator must implement the planned controls in a timely manner. The plans and BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual. The plans must make use of the practices that preserve the existing natural condition to the Maximum Extent Practicable.
Title 4 Gen. Provisions
Section 11.1002.09 1193.10 CONSTRUCTION SITE CONSERVATION PLAN
Title 5 Parking
B. Building Permit #2. The second building permit, allowing delivery of the remaining building materials and the remaining construction activities, shall not be issued until the Engineering Director and/or his or her designees or the Building Director, certifies that the required BMPs and any other BMPs identified in the Soil Erosion and Sediment Control Plan submitted with the Application for the first building permit have been properly installed, pursuant to the most recent edition of the Ohio Rainwater and Land Development manual.
Title 6 Landscaping
the site until the Community has issued the second building permit. The Engineering Director and/or his or her designees or the Building Director may approve the stockpiling of additional construction materials on the site prior to the issuance of the second permit if a suitable location can be identified. Proper Soil Erosion and Sediment Control must be maintained on the stockpile area prior to, during, and after the area is used for stockpiling.
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
vi. An onsite, detailed Soils Engineering Report if required by the Engineering Director and/or his or her designees. vii. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located. b. A vicinity sketch locating: i.
The larger common plan of development or sale
ii. The development area iii. All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration Title 9 Subdivisions
v. The types of soils within, or affected by, the development area, and the location of all highly erodible or unstable soils as determined by the most current edition of the soil survey of the county, by the Natural Resources Conservation Service (NRCS),
Title 10 LID Standards
iv. An estimate of the impervious area and percent imperviousness created by the construction activity.
Title 11 Definitions
iii. A description of the total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas).
Title 7 Signs
ii. A description of the nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.).
237
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
a. Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank) b. Conservation Easements
Title 1 Purpose & Scope
c. Other sensitive natural resources d. The sensitive areas receiving runoff from the development iv. All off-site borrow or spoil areas
Title 2 Districts & Uses
v. All off-site utility installation areas that are related to the planned project c. The existing and proposed topography shown in the appropriate contour intervals as approved by the Engineering Director and/or his or her designees (generally one-foot contours are used).
Title 3 Special Districts
d. The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale. e. Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
Title 4 Gen. Provisions
f. The person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and post-construction phases of the development. g. Long-term maintenance requirements and schedules of all BMPs for both the construction and post-construction phases of the development.
Title 5 Parking
h. Long-term maintenance inspection schedules.
Title 6 Landscaping
i.
The person or entity financially responsible for conducting the inspections of, and the maintenance of, permanent storm water conveyance and storage structures and all other conservation practices.
j.
The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion and sediment control and water quality practices.
k. The location of any existing or planned riparian and/or wetland setback areas on the property. Title 7 Signs
l.
Title 8 Administration
The plan must clearly describe, for each major construction activity, the appropriate BMPs and the general timing (or sequence) during the construction process of when the measures will be implemented; and, who (which contractor) will be responsible for implementation (e.g., Contractor A will clear, grub and install perimeter controls and Contractor B will maintain perimeter controls until final stabilization; Contractor C will conduct and document the scheduled inspections.)
Title 9 Subdivisions
m. Location and description of any storm water discharges associated with dedicated asphalt and concrete plants covered by this regulation and the Best Management Practices to address pollutants in these storm water discharges. 2. Construction Site Conservation Plan Elements: The Construction Site Conservation Plan shall include, at a minimum, the following information: a. The Construction Site Conservation Plan shall include a map showing the location of:
Title 10 LID Standards
i.
The limits of earth disturbing activity including excavations, filling, grading or clearing.
ii. Original Drainage patterns, and drainage patterns during major phases of construction. iii. The location of each proposed soil erosion and sediment control BMP, including:
Title 11 Definitions
238
City of Streetsboro
Low‐Impact Development Standards Title 10
e. Areas designated for the storage or disposal of solid, sanitary and toxic wastes, f. Dumpsters, g. Cement truck washout, h. Fuel tanks, i.
BMPs that divert runoff away from disturbed areas and steep slopes where practicable including rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices,
j.
Sediment settling ponds drawn to scale.
iv. Existing and proposed locations of buildings, roads, parking facilities and utilities.
Title 1 Purpose & Scope
d. In-stream activities including stream crossings,
Title 2 Districts & Uses
c. Designated construction entrances where vehicles will access the construction site,
Title 3 Special Districts
b. Areas likely to require temporary stabilization during the course of site development,
Title 4 Gen. Provisions
a. Permanent soil erosion control practices to be left in place after construction operations have been completed (e.g. level spreaders, permanent erosion control matting, gabions, rock lined channels, etc.),
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
iii. Identification for each Structural Practice of its size, detail drawings, maintenance requirements and design calculations. iv. The type and amount of native or non-invasive plant seed, non-invasive or native live plants, fertilizer, agricultural ground limestone and mulch to be used. Specification of soil testing requirements for fertility and lime requirements will be included. Specification for the use of non-invasive or native perennial grass seed will also be included. v. Settling ponds will be identified with basic dimensions and the calculations for size and volume. vi. Detailed drawings and installation requirements of all other structural control BMPs. vii. Any other soil erosion and sediment control related BMPs and items that are required by the Engineering Director and/or his or her designees. viii. For developments where the overall plan does not call for centralized sediment control capable of controlling multiple individual lots, a detail drawing of a project specific typical
Draft Zoning Ordinance: February 15, 2012
Title 6 Landscaping Title 7 Signs
ii. Identification of the Structural Practices to be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. A description shall be included of how each selected control will store runoff so as to let sediments settle out and/or divert flows away from exposed soils or act to limit runoff from exposed areas.
Title 8 Administration
Methods of controlling the flow of runoff from disturbed areas so as to prevent or minimize erosion.
Title 9 Subdivisions
i.
Title 10 LID Standards
b. The Construction Site Conservation Plan shall include a list of soil erosion and sediment control BMPs being used and the standards and specifications, including detailed drawings, for each BMPs. This list shall include:
Title 11 Definitions
vi. Location, and boundaries for any existing wetlands, stream channels, floodplains and other sensitive areas the owner intends to fill or relocate for which the owner is seeking approval from the US Army Corps of Engineers and/or Ohio EPA, and for which monetary or other mediation may or may not be owed.
Title 5 Parking
v. Identification, location, and boundaries for any existing wetlands, stream channels, floodplains, and other sensitive areas, and their respective setbacks.
239
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
individual lot showing standard individual lot soil erosion and sediment control practices and the sequence and timing of BMP installation for the individual lots. This does not remove or eliminate the responsibility to designate and install specific soil erosion and sediment control practices for the storm water discharges.
Title 1 Purpose & Scope
c. The Construction Site Conservation Plan shall include the scheduling, phasing, and coordination of construction operations and erosion and sediment control BMPs, including vegetative plantings and mulch.
Title 2 Districts & Uses
3. The Construction Site Conservation Plan shall include a description of the Storm Water Management (SWM) practices to be used on the site. The SWM element of the Plan shall include, at a minimum, the following: a. A map showing the location, drawn to scale, of permanent SWM conveyance, detention and retention structures, other SWM control structures and the SWM easements.
Title 3 Special Districts
b. A general description of the SWM strategy proposed to meet this ordinance. c. Design calculations for all permanent SWM conveyance, detention and retention structures, and other SWM control structures.
Title 4 Gen. Provisions
d. Any other SWM related items required by the Engineering Director and/or his or her designees.
Section 11.1002.10 1193.11 EASEMENTS
Title 5 Parking
Future access to floodplains, flood control facilities, runoff drainage ditches and channels, runoff storage facilities, storm sewers and other drainage ways and structures, as required by the Engineering Director and/or his or her designees, shall be secured by means of easements. A. Recording. The easements shall be recorded in the name of the Community and, in single-family residential developments, the homeowners association.
Title 6 Landscaping
B. Width; Location. Such easements shall be not less than twenty-five (25) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. Access easements of this type shall be provided on one (1) side of the flood control or storm drainage ditch, channel, or similar type facility.
Title 7 Signs
C. Drainage System. Access along the initial drainage system shall be by means of easements. Such easements shall be not less than twenty-five (25) feet in width, with a minimum ten (10) foot width on either side of the centerline.
Title 8 Administration
D. Storage Facilities. Access adjacent to storage facilities shall consist of a twenty-five (25) foot easement in the case of detention (dry) basins, and a twenty-five (25) foot easement with a twenty-five 25 foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself. E. Emergency Flow Ways. Easements for the emergency flow ways shall be a minimum of twenty-five (25) feet in width, or larger if required by the Engineering Director and/or his or her designees.
Title 9 Subdivisions
F. Flood Control. Flood control or storm drainage easements containing underground facilities shall have a minimum width of twenty-five (25) feet.
Title 10 LID Standards
G. Planting Restrictions. The easements shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of storm water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the grading plan.
Section 11.1002.11 1193.12 MAINTENANCE Title 11 Definitions
240
Any portion of the permanent drainage and soil erosion systems, including on-site and off-site storage facilities that are constructed by the owner, will be continuously maintained into perpetuity.
City of Streetsboro
Low‐Impact Development Standards Title 10
2. Easements: A written report from an inspector on the status of all storm water management easements for each project shall be submitted to the Engineering Director and/or his or her designees by May 1st of each year into perpetuity. These reports will document if restricted plantings, fences and structures are on the easement and will identify the location of the noted easement restriction violations. 3. Best Management Practices (BMPs) that do not have a high risk for loss of life, bodily injury, or damage to structures or infrastructure related to imminent failure as determined by the Engineering Director and/or his or her designees. A written and stamped report from a professional engineer, landscape architect or Certified Professional In Erosion and Sediment Control (CPESC) on the status of permanent soil erosion, sediment control, water quality management systems and the status of the related easements shall be submitted to the Engineering Director and/or his or her designees by May 1st of each year into perpetuity. 4. BMPs that have a potential loss of Life: A written and stamped report covering the status of all BMPs that have a potential for loss of life, bodily injury, or damage to structures or infrastructure will be prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction.
Section 11.1002.12 1193.13 MINIMUM STANDARDS In order to control sediment pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established in the following standards. A. Control Runoff. The plan shall include measures that control the flow of runoff from disturbed areas so as to prevent soil erosion from occurring. B. Control Erosion. Structural Practices shall be used to control erosion and trap sediment from areas remaining disturbed for more than 14 days.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
1. Structures that require a permit from the Ohio Division of Water: A written and stamped report from a professional engineer on the status of all structural BMPs that require a permit from the Ohio Department of Natural Resources (ODNR) Division of Water. This applies to all BMPs that require a permit either at the time of construction or fall under the jurisdiction of the ODNR Division of Water at any time after construction is completed.
Title 7 Signs
E. Perpetual Maintenance Inspections: One (1) inspection with a written report will be performed each year. The written report will be given to the Engineering Director and/or his or her designees by May 1st of each and every year after the Best Management Practice (BMP) has been completed.
Title 8 Administration
D. Maintenance Design: All temporary and permanent soil erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities. All permanent drainage, soil erosion, sediment control, water quality management systems and BMPs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the plans. Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are properly operational.
Title 9 Subdivisions
C. Apartments, Commercial and Industrial Developments: The plans will clearly state that the owner of the property shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless the Community officially accepts such maintenance and inspections.
Title 10 LID Standards
B. Single Family and Multi-family Residential Developments: A Homeowners' Association shall be created and placed in title of the affected lands and shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community.
Title 11 Definitions
A. Maintenance Plans: Maintenance plans shall be provided by the permittee to the Engineering Director and/or his or her designees and the post-construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the Engineering Director and/or his or her designees giving final approval for the completed construction.
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
241
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
C. Sediment Barriers: Sheet flow runoff from denuded areas shall be intercepted by Silt Fence or Diversions to protect adjacent properties and water resources from sediment. Where intended to provide sediment control, Silt Fence shall be placed on a level contour. The relationship between the maximum drainage areas to Silt Fence for a particular slope is shown in the following table.
Title 1 Purpose & Scope
Table 22. Drainage Area to Silt Fence Ratio by Slope
Title 2 Districts & Uses
Maximum drainage area (in acres) to 100 linear feet of Silt Fence 0.5 0.25 0.125
Range of slope for a particular drainage area (in percent) < 2% > 2% but < 20% > 20% but < 50%
Title 3 Special Districts
This does not preclude the use of other sediment barriers designed to control sheet flow runoff. The total runoff flow treated by a sediment barrier shall not exceed the design capacity for that sediment barrier. Straw Bale Barriers are not acceptable.
Title 4 Gen. Provisions
D. Storm Water Diversion Practices: Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes where practicable. Such practices, which include Swales, Dikes, Berms, Roadside Ditches, Pipe Slope Drains and Diversions, may receive storm water runoff from areas up to ten (10) acres. Storm water diversion practices alone are not considered a sediment control practice unless those are used in conjunction with a sediment-settling pond.
Title 5 Parking
E. Ponding Runoff. All sediment control practices must be capable of ponding runoff in order to be considered functional.
Title 6 Landscaping
F. Phasing. Clearing and Grubbing will be done in two (2) or more phases. The first phase will include only those locations necessary to install the perimeter soil erosion, sediment and storm water control BMPs. After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue.
Title 7 Signs
G. Timing of Sediment Trapping Practices: Sediment control practices shall be functional throughout all phases of up slope earth disturbing activity. Settling facilities, perimeter controls and other practices intended to trap sediment shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is permanently restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns. H. Stabilization of Denuded Areas: Disturbed areas must be stabilized as specified in the tables below, or according to the Ohio EPA NPDES Storm Water Permit Rules, whichever is most restrictive:
Title 8 Administration
Table 23. Permanent Stabilization
Title 9 Subdivisions
Area Requiring Permanent Stabilization Any areas that will lie dormant for one (1) year or more
Timeframe to Apply Erosion Controls Within seven (7) days of the most recent disturbance
Any areas within fifty (50) feet of a stream and at final grade Any other areas at final grade
Within two (2) days of reaching final grade
Title 10 LID Standards
Within seven (7) days of reaching final grade within that area
Title 11 Definitions
242
City of Streetsboro
Low‐Impact Development Standards Title 10
I.
Sediment Settling Ponds: Storm water runoff that exceeds the design capacity of sediment barriers and concentrated storm water flows shall pass through a sediment settling facility. 1. Where storm sewer drainage areas include 10 or more acres disturbed at one time, a temporary (or permanent) sediment settling pond must be provided until final stabilization of the site. In single-family residential construction, final stabilization is after the houses are built and permanent landscaping is done. a. Alternative equivalent controls may be used if the owner can show, in writing, that the Ohio EPA approved the use the alternatives in the (Ohio EPA NPDES Permit for Construction Activity) Storm Water Pollution Prevention Plan (SWP3) for the site. b. It is recommended that for drainage locations of less than 10 acres, smaller sediment settling basins and/or Sediment Traps be used. 2. Each facility's storage capacity shall be no less than sixty-seven (67) cubic yards per acre of total contributing drainage area. The storage volume will be measured from the bottom of the basin to the top of the primary (principle) spillway. 3. Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment-laden water. The draw down time must be at least 72 hours, or meet the criteria in the Ohio Rainwater and Land Development manual whichever is most stringent. 4. The design configuration between inlet(s) and the outlet of settling ponds must provide at least two units of length for each one unit of width (> 2:1 length to width ratio). 5. The depth of the sediment settling pond must be less than or equal to five (5) feet.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed.
Title 7 Signs
Disturbed areas that will be idle over winter
Where vegetative stabilization techniques may cause structural instability or are otherwise prohibited, alternative stabilization techniques must be employed Prior to the onset of winter weather
Title 8 Administration
Non-residential subdivisions and commercial developments
In any case, Temporary or Permanent Stabilization will be properly installed, pursuant to the most recent edition of the Ohio Rainwater and Land Development manual, before the second building permit is issued Within 7 days of the most recent disturbance if further construction activity will not occur within 21 days of the disturbance
Title 9 Subdivisions
Timeframe to Apply Erosion Controls Within two (2) days of the most recent disturbance if the area will remain idle for twenty-one (21) days or more Disturbed areas that will be dormant for more than Within seven (7) days of the most recent 21 days but less than one (1) year and not within disturbance within the area fifty (50) feet of a stream Residential subdivision for disturbance which has Within 7 days of the most recent disturbance if occurred on building lots housing unit construction on the lot is not scheduled to begin within 21 days of the disturbance
Title 10 LID Standards
Area Requiring Temporary Stabilization Any disturbed areas within fifty (50) feet of a stream and not at final grade
Title 11 Definitions
Table 24. Temporary Stabilization
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
243
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
6. Sediment must be removed from the sediment settling ponds when the design capacity has been reduced by 40%.
Title 1 Purpose & Scope
7. Public safety, especially as it relates to children, must be considered in the design. Alternative sediment controls must be used where site limitations would preclude a safe design. 8. Temporary sediment settling ponds will not be constructed in any stream channel, wetland or sensitive area. J. Storm Sewer Inlet Protection:
Title 2 Districts & Uses Title 3 Special Districts
1. All storm sewer inlets that accept water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer, unless the storm drain system drains to a Sediment Settling Pond and is exempted in writing by the Engineering Director and/or his or her designees. In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all up slope areas reach final stabilization, as determined by the Engineering Director and/or his or her designees. 2. At the end of this period the site owner shall hydraulically clean the storm sewers to the satisfaction of the Engineering Director and/or his or her designees. All sediments shall be removed from the system and shall not be flushed downstream.
Title 4 Gen. Provisions
K. Storm Sewer & Other Drainage Outlets: The outlet of all storm sewers, footer drains, roof gutter drains and all other drains will be located at the bottom of the slope. The slope below the outlet will be able to control the water being drained through the storm sewer or other drains without causing erosion of the stream or channel banks or channel bottom or other from which the water is discharged.
Title 5 Parking
L. Working Near, Or Crossing Streams and Wetlands:
Title 6 Landscaping
1. Construction vehicles shall avoid water resources, wetlands, riparian areas, and their setbacks. If construction vehicles must cross these areas during construction, an approved temporary crossing shall be constructed. Streams, including intermittent streams with a defined bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped. Erodible materials will not be used in making stream crossings.
Title 7 Signs
2. No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may slough, slip, or erode into a water resource unless such dumping or placing is authorized by the approving authority and, when applicable, the US Army Corps Of Engineers and Ohio EPA, for such purposes as, but not limited to, constructing bridges, culverts, and erosion or sediment control structures. 3. If construction activities disturb areas adjacent to streams, structural practices shall be designed and implemented on site to protect the adjacent streams from the impacts of sediment runoff.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
244
4. No temporary or permanent sediment controls will be constructed in a stream channel. 5. Streams and wetland setbacks required by the community will be implemented. As a minimum a setback of 25 feet, as measured from the ordinary high water mark of the surface water, will be maintained in its natural state as a permanent buffer. M. Construction Entrance: 1. Measures shall be taken to prevent soil transport onto public roads, or surfaces where runoff is not checked by sediment controls. 2. Stone with geotextile construction entrance(s) shall be implemented as required by the Engineering Director and/or his or her designees and the Ohio EPA. These will be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development manual. 3. Where soil is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day, or more frequently, in order to ensure public safety. Soil shall be removed from paved surfaces by shoveling or sweeping. Street washing shall be allowed only after shoveling or sweeping has
City of Streetsboro
Low‐Impact Development Standards Title 10
P. Stabilization of Outfalls and Channels: Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from the planned post-development frequency storm without eroding. The planned post-construction velocity and flow shall include the entire contributing watershed. Q. Establishment of Permanent Vegetation: A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the Engineering Director and/or his or her designees, has 80% vegetative density over the entire disturbed area and provides adequate cover, and is mature enough to satisfactorily control soil erosion and survive adverse weather conditions. R. Disposition of Temporary Practices: All temporary soil erosion and sediment control practices shall be disposed of immediately after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise required by the Engineering Director and/or his or her designees. Trapped sediment shall be permanently stabilized to prevent further erosion. The Construction Maintenance Guarantee shall not be released by the Community until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized. S. Underground Utility Construction: The construction of underground utility lines, pipes, etc. shall be subject to the following criteria: 1. Trenches shall remain open for no more than five days. 2. There shall be no turbid discharges to surface waters resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment settling pond or another equally effective sediment control device, prior to being discharged from the construction site or to waters of the state. 3. When discharging clean ground water care must be taken to ensure that it does not become pollutant laden by crossing over disturbed soils or other pollutant sources.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
O. Cut And Fill Slopes: Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion and slippage. Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, groundwater conditions and slope stabilization. The minimum final unreinforced soil slopes will have a horizontal to vertical ratio of 2:1 (the horizontal will be two (2) times the vertical).
Title 4 Gen. Provisions
3. Unstable soils prone to slipping or land sliding shall not be graded, excavated, filled or have loads imposed upon them unless the work is performed in accordance with a qualified professional engineer's recommendations to correct, eliminate, or adequately address the problems.
Title 5 Parking
2. The Engineering Director and/or his or her designees may require detailed soil reports when deemed necessary.
Title 6 Landscaping
1. Unstable soils will be as determined by the local county Soil Survey or by a detailed soils report.
Title 7 Signs
N. Unstable Soils:
Title 8 Administration
4. Erodible material ramps in streets will not be used to enable equipment to cross curbs. Non-erosive materials (e.g. wood and stone) can be used.
Title 9 Subdivisions
removed most of the sediment and street sewer inlet protection is properly installed unless end of sewer sediment ponds exist and are properly functioning.
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
2. The owner of the development area shall have the site inspected for soil erosion, sediment control and other environmental concerns every seven (7) calendar days, and within twenty-four (24) hours of a 0.5 inch or greater rainfall event until the Engineering Director and/or his or her designees certifies the site as being stable. The Engineering Director and/or his or her designee's certification does not relieve the permittee from meeting the Ohio EPA NPDES inspection requirements.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
1. If inspections or other information indicates a control has been used inappropriately or incorrectly or it has failed, it must be replaced or modified for the site conditions.
Title 10 LID Standards
T. Inspections:
245
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
3. The owner, or his designated representative, shall keep a written log of each inspection and any subsequent improvements to the soil erosion, sediment control or other environmental controls. The inspections shall include the date of the inspection, the name of the inspector, weather conditions, and the actions needed to correct the identified problems.
Title 1 Purpose & Scope
4. The inspection log will include the date and actions taken to correct problems noted in past inspection logs.
Title 2 Districts & Uses
5. If the construction site is subject to Ohio EPA's National Pollutant Discharge Elimination System (NPDES) permit for construction activity, a copy of all of the required inspection sheets will be submitted to the Engineering Director and/or his or her designees within three (3) working days of the date that the inspection was conducted. 6. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.
Title 3 Special Districts
7. Erosion and sediment controls identified in the Storm Water Pollution Prevention Plan shall be observed to ensure that they are operating correctly. 8. Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
Title 4 Gen. Provisions
9. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
Title 5 Parking
10. If the inspection reveals that a control practice is in need of repair or maintenance, with the exception of sediment settling ponds, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection. 11. If any inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Construction Site Conservation Plan must be amended and the new control practice must be installed within 10 days of the inspection.
Title 6 Landscaping
12. If the inspection reveals that a control practice has not been implemented in the time required by this ordinance it must be installed within ten (10) days from the date of inspection. 13. If the inspection reveals that a planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
246
U. Control of Materials and Debris: Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the Community's and state's water resources or wetlands. These practices shall include, but are not limited to, the following: 1. A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum and etc. A second covered dumpster will be provided for the proper disposal of toxic and hazardous wastes. 2. The washing of excess concrete material into a street, catch basin, or other public facility or natural resource shall not occur. A designated area for concrete washouts shall be made available and used for all concrete washouts. 3. All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area. All additional requirements of the local fire authority must be followed. If the fuel tanks have a self-contained "dike," the plug will be kept in the "dike" tank at all times. 4. Any toxic or hazardous wastes and/or contaminated soils must be disposed of according to all applicable environmental laws and statutes. Local health districts and Ohio EPA can provide guidance on these issues. 5. On a site with a prior industrial land use or a site that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals or other Ohio EPA regulated contaminates, the storm water is considered wastewater. A permit from Ohio EPA is required to address these sites.
City of Streetsboro
Low‐Impact Development Standards Title 10
W. Storm Water Basins: 1. Pool Geometry: The minimum length-to-width ratio for the pond is 3:1 (the length will be three (3) times the width). 2. Riser in Embankment: The riser shall be located within the embankment for purposes of maintenance access. Access to the riser will be by manholes. 3. Water Drains: Each retention basin shall have a drainpipe that can completely drain the pond. The drain shall have an elbow within the pond to prevent sediment deposition from plugging the drain. 4. Adjustable Gate Valves: Both the storm water management and water quality basin drains shall have adjustable gate valves. Valves shall be located inside the riser at a point where they will remain dry and can be operated in a safe and convenient manner. During the annual inspections the valves shall be fully opened and closed at least once, and the certifying official shall attest to this on the inspection form. To prevent vandalism, the handwheel shall be chained to a ringbolt or manhole step. 5. Principal Spillway: Each principal spillway shall be designed in accordance with the NRCS standards and specifications for the office serving the county. Each principal spillway shall have the capacity to pass the 100-year design storm flow. The inlet or riser size for the pipe drops shall be designed so that the flow through the structure goes from weir flow control to pipe flow control without going into orifice control in the riser. The crest elevation of the primary spillway shall be no less than one foot below the emergency spillway crest. Premium joint pipe is required and a removable trash rack shall be installed at each location. Anti-seep collars shall be provided for all pipe conduits through an embankment. 6. Emergency Spillway: An emergency spillway shall be provided on each storm water management basin. Emergency spillways shall convey flood flows safely past the embankment, and shall be designed in accordance with NRCS standards and specifications for the office serving the local county. Emergency spillways shall have a 100-year design storm capacity unless exempted in writing by the Engineering Director and/or his or her designees. 7. Embankments: Each dam embankment shall be designed in accordance with the NRCS standards and specifications for the office serving the county that the project is located in. Anti-seep collars shall be provided for all pipe conduits through an embankment. 8. Safety Features:
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
V. Pre-winter Stabilization: If the development area will, or is planned to remain, active through the winter months, the owner of the development area shall hold a Pre-Winter Stabilization Meeting. The meeting will be held before October 1st. The owner shall invite the operator, developer, engineer, contractor, Engineering Director and/or his or her designees and anyone else requested by the Engineering Director and/or his or her designees to the meeting.
Title 6 Landscaping
9. All required permits from appropriate federal, state, or local agencies are required to develop land with a previous industrial or commercial use or another use that may have led to soil contamination by a regulated pollutant.
Title 7 Signs
8. Restroom facilities will be provided for site workers at all times that workers are present on the site and during all phases of the construction.
Title 8 Administration
b. All other paints, paint thinners, and paint cleaning materials will be disposed of in the site's hazardous waste disposal dumpster.
Title 9 Subdivisions
a. Water based paint washing liquids and small quantities of excess water based paints may be disposed of by flushing down a connected sanitary sewer but may not be disposed of in an on-lot disposal system.
Title 10 LID Standards
7. Paint, paint washing liquids, excess paints and other paint wastes are considered solid wastes and shall be disposed of in accordance with applicable state regulations. Appropriate handling of these wastes shall occur at the site so as to prevent the discharge of these wastes into surface or ground waters.
Title 11 Definitions
6. Proper permits shall be obtained for development projects on solid waste landfill sites.
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
247
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
248
a. The primary spillway opening shall not permit access to the public and other non-maintenance personnel. b. The perimeter of all water pool areas that are deeper than three (3) feet shall be surrounded by benches that meet the following: i.
A safety bench, with a maximum slope of 3%, which extends outward, on dry land, from the shoreline. This bench will be a minimum of 25 feet wide to provide for the safety of individuals and maintenance vehicles that are adjacent to the water pool. The safety bench may be landscaped, without the use of structures, to prevent access to the water pool.
ii. Side slopes between the safety bench and the aquatic bench shall not be steeper than 3:1 (3 feet horizontal for every 1 foot vertical). iii. An aquatic bench that extends inward from the shoreline far enough to ensure public safety and has a maximum depth of 15 inches below the normal water surface elevations. The aquatic bench may be landscaped to prevent access to the deeper water pool. iv. Side slopes beyond the aquatic bench and below the permanent water level shall not be steeper than 2:1 (2 feet horizontal for every 1 foot vertical). v. The contours of the pond will be designed and managed to eliminate drop-offs and other hazards. vi. Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench. vii. Soil erosion and sediment control practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Ohio Rainwater and Land Development manual, NRCS Field Office Technical Guide for the local county or the Ohio EPA, whichever is most stringent. X. These standards are general guidelines and shall not limit the right of the Engineering Director and/or his or her designees to impose at any time additional, more stringent requirements, nor shall the standards limit the right of the Engineering Director and/or his or her designees to waive, in writing, individual requirements. Y. Soil limitations shall be determined by using the current edition of the county soil survey written by the NRCS, USDA. Z. Methods for controlling increases in storm water runoff peaks and volumes may include, but are not limited to: 1. Retarding flow velocities by increasing friction; for example, grassed road ditches rather than paved street gutters where practical, discharging roof water to vegetated areas, or grass and rock-lined drainage channels. 2. Grading and use of grade control structures to provide a level of control in flow paths and stream gradients. 3. Induced infiltration of increased storm water runoff into soil, where practical; for example, constructing special infiltration areas where soils are suitable, retaining topsoil for all areas to be vegetated, or providing good infiltration areas with proper emergency overflow facilities. 4. Provisions for detention and retention, for example, permanent retention ponds and lakes, dry detention basins, and subsurface detention tanks.
Section 11.1002.13 1193.14 STREAM CHANNEL AND FLOODPLAIN EROSION DESIGN CRITERIA A. Runoff Rate: The peak runoff rate from the development area shall not be greater after development than it was before development. The applicant shall provide calculations proving no increase in the runoff rates from the one (1), two (2), five (5), ten (10), twenty-five (25), fifty (50) and one hundred (100) year storms.
City of Streetsboro
Low‐Impact Development Standards Title 10
1 year 2 years 5 years 10 years 25 years 50 years 100 years
C. Detention or Retention Basin Exemption for Redevelopment or for Expansion of Existing Facilities. 1. For any development regulated by this ordinance, the construction of a detention or retention basin may not be required for the development if the post-development peak discharge for a 100 year frequency 24 hour storm increases the existing peak discharge by one (1) cubic foot per second or less using the TR-55 method of calculation or other method approved by the Engineering Director and/or his or her designees. The Engineering Director and/or his or her designees can waive this requirement if existing storm sewers and drainage structures can safely handle the expected increase in flow. 2. Only one (1) exemption will be allowed per parcel. Any subsequent expansion must provide for detention or retention and must include the previously exempted area. D. Site Constraints. Where the Engineering Director and/or his or her designees determines that site constraints exist in a manner that compromises the intent of this ordinance to improve the management of storm water runoff as established in this section, practical alternatives may be used to result in an improvement of water quality and/or a reduction of storm water runoff. Such alternatives must be in keeping with the intent and likely cost of those measures that would otherwise be required to meet the objectives of this section. When possible, all practical alternatives shall be implemented within the drainage area of the proposed development project. Practical alternatives can include, but are not limited to: 1. Fees shall be paid in an amount specified by the Engineering Director and/or his or her designees. These fees shall be applied by the Community to storm water management practices that reduce existing storm water runoff.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
10 20 50 100 250 500 --
Title 4 Gen. Provisions
0 10 20 50 100 250 500
The 24-X#;0%DJ0+$+.23%H$#0<E%"#0% Discharge Will Be:
Title 5 Parking
The Percentage Increase in Volume of Runoff Is: Equal to Or Greater Than And Less Than
Title 6 Landscaping
Table 25. Critical Storm Selection
Title 7 Signs
2. From the volumes in paragraph (1) determine the percent of increase in volume of runoff due to development according to the equation (Q after divided by the Q before) X 100 and, using this percentage, select the critical storm from this table:
Title 8 Administration
1. Determine the total volume of runoff from a one-year frequency, twenty-four hour storm, occurring on the development area before and after development.
Title 9 Subdivisions
B. Runoff Volume: Increases in the runoff volume shall be offset by further restricting runoff rates. Based on the increase in runoff volume, the applicant shall determine the critical storm for the development area. The runoff rate from the critical storm shall be restricted to the one (1) year pre-development storm runoff rate. The critical storm shall be calculated as follows:
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
4. Retrofitting of an existing storm water management practice. 5. Other practices approved by the Engineering Director and/or his or her designees in keeping with the intent of this section.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
3. Watershed or stream restoration.
Title 10 LID Standards
2. Implementation of off-site storm water management practices.
249
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents
Section 11.1002.14 1193.15 COMPLIANCE WITH OTHER RULES AND REGULATIONS
Title 1 Purpose & Scope
A. Ohio Dam Safety Laws: The provisions of the Ohio Dam Safety Laws shall be followed. Proof of compliance with the Ohio Dam Safety Law administered by the ODNR Division of Water shall be, but is not limited to, a copy of the ODNR Division of Water permit number or a copy of the project approval letter from the ODNR Division of Water or a letter from the site owner explaining why the Ohio Dam Safety Law is not applicable. The written proof will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued.
Title 2 Districts & Uses
B. NPDES Permits: The provisions of the National Pollutant Discharge Elimination System (NPDES) Permits, issued by the Ohio EPA, shall be followed. Proof of compliance shall be, but is not limited to, a copy of the Ohio EPA NPDES Permit number or a letter from the site owner explaining why the NPDES Permit is not applicable. The written proof will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued.
Title 3 Special Districts Title 4 Gen. Provisions
C. Federal And State Wetland Permits: The provisions of the U.S. Army Corps of Engineers dredge and fill permits for federally-protected wetlands shall be followed. The provisions of Ohio EPA's Isolated Wetlands Permits shall also be followed. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of the application of these regulations. Written proof of compliance with both permit programs will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued. Proof of compliance shall be, but is not limited to, the following: 1. A copy of the U.S. Army Corps of Engineers Individual Permit, if required for the project, showing project approval and any restrictions that apply to site activities; or
Title 5 Parking
2. A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable Nationwide Permit; or
Title 6 Landscaping
3. A letter from the site owner verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States. Such a letter shall be noted on site plans submitted to the Community.
Section 11.1002.15 1193.16 CONSTRUCTION AND MAINTENANCE GUARANTEE
Title 7 Signs Title 8 Administration
All permanent storm water, soil erosion, other wastes control, and water quality practices not specifically waived by the Community shall be constructed prior to the granting of the Final Plat Approval. Upon the request of the owner, the Community may defer the construction or installation of a permanent storm water, soil erosion, sediment, or other wastes control or water quality practice prior to the approval of the final plat where, in the Engineering Director and/or his or her designees' judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, the Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six (6) months after the filing of such final plat.
Title 9 Subdivisions
The owner will provide a maintenance guarantee for all permanent improvements, and soil erosion, wastes controls, and water quality practices.
Title 10 LID Standards
The Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that the planned temporary and permanent soil erosion, sediment, and other wastes controls and water quality practices will be constructed and removed in a timely manner, as determined by the Engineering Director and/or his or her designees.
Title 11 Definitions
250
A. The Guarantee: The guarantee of both performance and maintenance will be in the form of a Security Bond, Escrow Account, Certified Check or Cash. The Security Bond, Escrow Account, Certified Check or Cash will be used by the Community to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment, and other wastes control practices that are not adequately completed,
City of Streetsboro
Low‐Impact Development Standards Title 10
C. Maintenance Guarantee: The maintenance guarantee shall be maintained for a period of not less than 2 (two) years after final acceptance of the storm water, soil erosion, sediment, and other wastes control practices in an amount equal to 20% of the estimate approved by the Engineering Director and/or his or her designees, of the construction and, where necessary, removal of such practices. D. Time Extension: The Engineering Director and/or his or her designees may extend for cause the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner. E. Completion: Upon completion of the construction of improvements or temporary and/or permanent, soil erosion, sediment, and other wastes control practices and the removal of the temporary soil erosion, sediment, and other wastes control practices for which the performance guarantee has been provided the owner shall notify the Engineering Director and/or his or her designees of this fact. F. Inspection: The Community will not release the Security Bond, Escrow Account, Certified Check or Cash guarantee until the Engineering Director and/or his or her designees has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed. G. Slow Release Devices: Performance and maintenance guarantees will be maintained on the temporary sediment removal slow release devices installed in detention and retention basins until the entire site has reached final soil stabilization. Final stabilization in single-family residential developments is when 90% of the homes are constructed with their lawns completely installed and any remaining unbuilt lots having been permanently stabilized with a uniform ground cover at a growth density of 80% or better.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 11 Definitions
H. Release: The Construction Maintenance Guarantee shall not be released by the Community until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized.
Title 6 Landscaping
B. Performance Guarantee: The furnishing of a performance guarantee will be maintained in an amount of not less than 120% of the estimate approved by the Engineering Director and/or his or her designees, of installation of the deferred improvements.
Title 7 Signs
3. Construction Site Conservation Plan. No project subject to this regulation shall commence without the Construction Site Conservation Plan having been approved by the Engineering Director and/or his or her designees.
Title 8 Administration
2. Commencement of Work. No soil disturbing activities shall be permitted until a Security Bond, Escrow Account, Certified Check or Cash has been posted to the satisfaction of the Engineering Director and/or his or her designees sufficient for the Community to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulation, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation. The Security Bond, Escrow Account, Certified Check or Cash shall be released only after all work required by this regulation has been completed to the satisfaction of the Engineering Director and/or his or her designees and all permit and inspection fees required by these regulations have been paid in full.
Title 9 Subdivisions
1. Review Fees. Security Bond, Escrow Account, Certified Check or Cash shall be deposited with the Community prior to review by the Engineering Director and/or his or her designees and/or its consultants to cover professional services of the Engineering Director and/or his or her designees, Building Commissioner, Zoning Inspector and/or other experts required by the Engineering Director and/or his or her designees, Community Council, Mayor or Review Boards.
Title 10 LID Standards
maintained or removed by the owner in a timely manner, as determined by the Engineering Director and/or his or her designees. The Security Bond, Escrow Account, Certified Check or Cash will be in the total amount of both the performance guarantee and the maintenance guarantee. Ohio municipalities and counties may require performance bonds or other guarantees for water management improvement as stated in the ORC Chapter 711.101.
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
Draft Zoning Ordinance: February 15, 2012
251
Title 10 Low‐Impact Development Standards Chapter 11.1002 Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
252
Section 11.1002.16 1193.17 APPLICATION PROCEDURES FOR CONSTRUCTION CONSERVATION PLANS ﴾CPP﴿ A. Additional Plans. This plan will be combined with the Post-Construction Water Quality, Riparian Setback and Wetland Setback Plans that have also been developed for the site. B. Additional Permits. Plans developed by the site owners and approved by the Community in accordance with this regulation do not relieve the site owner of responsibility for obtaining and complying with all other necessary permits and/or approvals from federal, state, county, and local agencies and departments. If requirements vary, the most stringent requirement shall be followed. Plans submitted to the Engineering Director and/or his or her designees for review and approval, shall be accompanied by all other required permits and documentation relevant to the project, including but not limited to the permits required and issued by the US Army Corps Of Engineers, Ohio EPA and ODNR Division of Water. C. SWCD Review. The application must include a letter or report from the local county SWCD that states that the Construction Site Conservation Plan, the Riparian and Wetland Setback Plan and the Post-construction Water Quality Plan have been reviewed for consistency with Ohio EPA and local regulations. D. Application Requirements. Five (5) sets of the plans and necessary data required by this regulation shall be submitted to the Community Engineer with text material being submitted on 8.5 by 11 inch paper and drawings on no larger than 24 by 36 inch sized paper. Submittals shall include: 1. Preliminary Plan Approval. At the preliminary plan approval request, the preliminary plans only need to show all of the following existing and planned features: streams, water bodies, wetlands, riparian and wetland setback areas, permanent BMPs and storm water management detention and retention basins. 2. Improvement Plan Approval. At the improvement plan approval request, the entire Comprehensive Storm Water Management Plan must be submitted. E. Plan Review. The Engineering Director and/or his or her designees shall review the plans, including the review report from the local county SWCD, and shall approve or return these with comments and recommendations for revisions within thirty (30) working days after receipt of the plan as described above. A plan rejected because of deficiencies shall receive a report stating specific problems. At the time of receipt of a revised plan, another thirty-day review period shall begin. F. Approval Timeframe. Approved plans shall remain valid for two (2) years from the date of approval. After two (2) years the plan(s) approval automatically expires. G. Soil Disturbance Prohibited. No soil disturbing activity shall begin before all necessary local, county, state and federal permits have been granted to the owner or operator. H. Inspections. The Community will do construction inspections until the site reaches final stabilization as determined by the Engineering Director and/or his or her designees.
Section 11.1002.17 1193.18 VIOLATIONS No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.
Section 11.1002.18 1193.99 PENALTIES A. Penalty. Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense. B. Separate Offence. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
City of Streetsboro
Low‐Impact Development Standards Title 10
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
D. Other Action. The imposition of any other penalties provided herein shall not preclude the Community, by or through its Law Director and/or any of their assistants, from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the Engineering Director and/or his or her designees.
Title 2 Districts & Uses
C. Stop Work Order. Upon notice from the Engineering Director and/or his or her designees, or designated representative, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the Engineering Director and/or his or her designees may require that work be stopped upon verbal order pending issuance of the written order.
Table of Contents
Construction Site Soil Erosion, Sediment, Waste, and Storm Water Runoff Regulations Chapter 11.1002
Draft Zoning Ordinance: February 15, 2012
253
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents
Chapter 11.1003
Post‐Construction Water Quality Runoff Regulations
Title 1 Purpose & Scope
Section 11.1003.01 1195.01 COMPREHENSIVE STORM WATER MANAGEMENT PLAN
Title 2 Districts & Uses
The Post-Construction Water Quality Plan developed to meet this regulation will be coordinated and combined with the Riparian and Wetland Setback Plan and the Construction Site Conservation Plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to make a Comprehensive Storm Water Management Plan for the site. The Comprehensive Storm Water Management Plan so developed will serve as the Storm Water Pollution Prevention Plan (SWP3) required by Ohio EPA as part of the NPDES Storm Water Permit for General Construction.
Title 3 Special Districts
Section 11.1003.02 1195.02 PURPOSE A. Intent. The intent of these regulations is to:
Title 4 Gen. Provisions
1. Allow development while reducing damage to receiving water resources and drainage systems that may be caused by new development or redevelopment activities. 2. Protect and maintain the receiving stream's physical, chemical, biological characteristics and stream functions. 3. Provide perpetual management of storm water runoff quality and quantity.
Title 5 Parking
4. Establish consistent technically feasible and operationally practical standards to achieve a level of storm water quantity and quality control that will minimize damage to public and private property and degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the Community.
Title 6 Landscaping
5. Control storm water runoff resulting from soil disturbing activities. 6. Preserve, to the maximum extent practicable (MEP), the natural drainage characteristics of the building site.
Title 7 Signs
7. Preserve, to the maximum extent practicable (MEP), natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells. 8. Assure that storm water quality controls are incorporated into site planning and design at the earliest possible stage.
Title 8 Administration
9. Reduce the need for costly treatment and mitigation for the damage to and loss of water resources that are the result of inadequate storm water quality control.
Title 9 Subdivisions
11. Require the incorporation of water quality protection that encourages and promotes habitat preservation into the construction of storm water management practices.
10. Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water quality control.
12. Ensure that all storm water quality practices are properly designed, constructed, and maintained. Title 10 LID Standards
Section 11.1003.03 1195.03 DISCLAIMER OF LIABILITY Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
Title 11 Definitions
254
City of Streetsboro
Low‐Impact Development Standards Title 10
C. Nuisance. These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance. D. Responsibility. Failure of the Community to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the Community, its officers, employees, or agents being responsible for any condition or damage resulting there from.
Title 1 Purpose & Scope
B. Severability. If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
Title 2 Districts & Uses
A. Conflicts. Where this chapter imposes a greater restriction upon land than is imposed or required by other Community provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.
Title 3 Special Districts
Section 11.1003.04 1195.04 CONFLICTS, SEVERABILITY, NUISANCES, AND RESPONSIBILITY
Table of Contents
Post‐Construction Water Quality Runoff Regulations Chapter 11.1003
C. Surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation. D. Linear construction projects, (e.g., pipeline or utility line installation), which do not result in the installation of impervious surface and are independent of other construction projects (not part of a larger common plan of development or sale). However, linear construction projects must be designed to minimize the number of stream crossings and the width of disturbance. E. Transportation projects that are subject to industry specific Ohio EPA Rules are exempt from these rules. F. It is not the role of the community to point out each and every part of the rules and how to implement them on the individual job sites. It is the project owner's responsibility to be proactive in meeting the intent, purpose and requirements of these regulations.
Section 11.1003.07 1195.08 CONSULTATIONS In implementing these regulations the Engineering Director and/or his or her designees may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations shall be assessed to the applicant or his or her designated representative.
Title 5 Parking Title 6 Landscaping
B. Strip mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
Title 7 Signs
A. Land-disturbing activities related to producing agricultural crops or Silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation.
Title 8 Administration
This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. This chapter does not apply to:
Title 9 Subdivisions
Section 11.1003.06 1195.07 SCOPE
Title 10 LID Standards
This chapter and its regulations shall become effective upon their passage.
Title 4 Gen. Provisions
Section 11.1003.05 1195.05 EFFECTIVE DATE
In order to control Post-Construction water quality damage and damage to public and private lands, the owner of each development area shall be responsible for developing a Post-Construction Storm Water Management Plan.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
Section 11.1003.08 1195.09 POST‐CONSTRUCTION WATER QUALITY CONTROL PLAN
255
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
256
A. This plan will be combined with the Construction Site Conservation Plan and the Riparian Setback and Wetland Setback Plans that are also developed for the site. B. This plan will contain a description of controls appropriate for each construction operation covered by these regulations, and the operator will implement such controls in a timely manner. C. The BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual, ODOT Post-Construction storm water standards, or other manual that is acceptable to the Engineering Director and/or his or her designees or Ohio EPA. D. The plan must make use of the practices that preserve the existing natural condition to the Maximum Extent Practicable (MEP). E. To meet the Post-Construction requirements of this regulation, the Post-Construction Water Quality Plan must contain a description of the Post-Construction Best Management Practices (BMPs) that will be installed during construction for the site and the rationale for their selection. The rationale must address the anticipated impacts on the channel and floodplain morphology, hydrology, and water quality. F. This plan will identify the person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and Post-Construction phases of the development. G. Long-term maintenance requirements and schedules of all BMPs for both the construction and PostConstruction phases of the development will be identified. H. This plan will contain long-term maintenance inspection schedules, including the printed name and contact point of the Post-Construction landowner (e.g., president of the homeowners association, store manager, apartment complex manager, etc.). I.
This plan will identify the person or entity financially responsible for maintaining the permanent inspection and maintenance of permanent storm water conveyance and storage structures and other conservation practices.
J. The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion, sediment control, and water quality practices will be identified. K. The Post-Construction Plan will also contain the following information depending on the size of the development sites as well as any additional information required by the Engineering Director and/or his or her designees: 1. Development Sites Smaller than Five Acres: A development site that will disturb one (1) or more, but less than five (5) acres of land and is not a part of a larger common plan of development or sale which will disturb five or more acres of land shall identify: a. !$&3E(C1$"3(\557"5: A statement as to how the decreased storm water quality and increased water pollution that will be caused by the planned development project will be handled. b. P"5#3%2$%&'(&9(W"1573"5: A description of the BMPs that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed. c. M281'6(Y3"15: Structural measures placed on upland areas to the degree attainable. d. W12: A map of the entire site showing the overall development. e. :%213%1'(1'6e&3(C"$81'6(!"$?1#U: All riparian and wetland setback areas will be identified on the plans. They will also be marked in the field prior to the start of construction. f. IWO5: Best Management Practices used in the Post-Construction Water Quality Plan may include but are not limited to: i.
Permanent Storm Water Detention ponds that provide extended detention of the water volume.
City of Streetsboro
Low‐Impact Development Standards Title 10
vi. Natural Channel Design for drainageways vii. Preservation of existing Floodplains, wetlands, streams and watershed shape viii. Bioengineering in drainageways ix. Recreating floodplains x. Chemical and biological filters in storm sewer inlets xi. Sand Filters xii. Allowing roof water from buildings to run across lawn areas to remove pollutants, if limits are set for low to zero amounts of fertilizer, pesticide and herbicides to be used on these said lawns and property.
Title 1 Purpose & Scope
v. Permanent conservation easements, preferably with the easement being held by a third party with no vested interest in ever seeing the property developed
Title 2 Districts & Uses
iv. Sequential systems that combine several practices
Title 3 Special Districts
iii. Onsite infiltration of runoff
Title 4 Gen. Provisions
ii. Flow attenuation by use of open vegetated swales, and natural depressions, all with native wetland plant species
Table of Contents
Post‐Construction Water Quality Runoff Regulations Chapter 11.1003
2. Development Sites 5 Acres or Larger: A development site that disturbs five (5) or more acres of land or will disturb less than five (5) acres, but is a part of a larger common plan of development or sale, which will disturb five (5) or more acres of land shall identify: a. !$&3E(C1$"3(P"$"'$%&': The Post-Construction BMP(s) chosen must be able to detain storm water runoff for protection of the stream channels, stream erosion control, and improved water quality, and pollution prevention. b. !$37#$7318(IWO5: Structural (designed) Post-Construction storm water treatment practices shall be incorporated into the permanent drainage system for the site. c. O3&2"38>(!%X"6(IWO5: The BMP(s) chosen must be sized to treat the water quality volume (WQv) and ensure compliance with Ohio's Water Quality Standards in OAC Chapter 37451. The WQv shall be equivalent to the volume of runoff from a 0.75-inch rainfall and shall be determined according to one of the two following methods: i.
Through a site hydrologic study approved by the local municipal permitting authority that uses continuous hydrologic simulation and local long-term hourly precipitation records or
Title 6 Landscaping Title 11 Definitions
ii. Using the following equation: WQv = C * P * A / 12 where: WQv = water quality volume in acre-feet C = runoff coefficient appropriate for storms less than 1 inch (see Table 26) P = 0.75 inch precipitation depth A = area draining into the BMP in acres
Title 7 Signs
g. A"#0'%#18(I15%5: The plans will contain a rationale statement utilized to select the BMPs used to control pollution and to maintain and protect water quality.
Title 8 Administration
xvi. Aquatic benches with native plant species in Retention Basins and ponds.
Title 9 Subdivisions
xv. Countryside Development Design meeting the criteria of the Western Reserve Resource Conservation and Development Area.
Title 10 LID Standards
xiv. Low Impact Development Design
Title 5 Parking
xiii. Onsite sewage disposals system replacement or conversion to sanitary sewers
Draft Zoning Ordinance: February 15, 2012
257
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents
Table 26. Runoff Coefficients Based on the Type of Land Use Land Use Industrial & Commercial
Title 1 Purpose & Scope
High Density Residential (>8 d.u./acre) Medium Density Residential (4-8 d.u./acre) Low Density Residential (<4 d.u./acre) Open Space and Recreational Areas
0.5 0.4 0.3 0.2
Title 2 Districts & Uses
d. Where the land use will be mixed, the runoff coefficient should be calculated using a weighted average. For example, if 60% of the contributing drainage area to the storm water treatment structure is Low Density Residential, 30% is High Density Residential, and 10% is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3) + (0.3)(0.5) + (0.1)(0.2) = 0.35.
Title 3 Special Districts
e. An additional volume equal to 20 percent of the WQv shall be incorporated into the BMP for sediment storage and/or reduced infiltration capacity. The BMPs will be designed according to the methodology included in the Ohio Rainwater and Land Development manual, ODOT PostConstruction storm water standards, or other manual that is acceptable to Ohio EPA.
Title 4 Gen. Provisions
f. BMPs shall be designed such that the drain time is long enough to provide treatment, but short enough to provide storage available for successive rainfall events as described in Table 27 below.
Title 5 Parking
Table 27. Target Draw Down ﴾Drain﴿ Times for Structural Post‐Construction Treatment Control Practices Best Management Practice Infiltration Vegetated Swale and Filter Strip Extended Detention Basin (Dry Basins) Retention Basins (Wet Basins)* Constructed Wetlands (above permanent pool) Media Filtration, Bioretention
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
258
Runoff Coefficient 0.8
Drain Time of WQv 24-48 hours 24 hours 48 hours 24 hours 24 hours 40 hours
f(O3&@%6"(?&$0(1(2"3E1'"'$(2&&8(1'6(1'("=$"'6"6(6"$"'$%&'(@&87E"(1?&@"($0"(2"3E1'"'$(2&&8D( "1#0(5%X"6(1$(,*QH(f(Cd( g. The owner may request approval from the Engineering Director and/or his or her designees to use alternative structural Post-Construction BMPs if the owner can demonstrate, in a way that is acceptable to Ohio EPA rules and regulations that the alternative BMPs are equivalent in effectiveness to those listed in Table 27 above. The use of alternative or vender supplied PostConstruction BMPs should be limited to redevelopment projects where justification is provided that the traditional BMPs in Table 27 are technically and economically infeasible. h. Construction activities shall be exempt from this condition if it can be demonstrated that the WQv is provided within an existing structural Post-Construction BMP that is part of a larger common plan of development or sale or if structural Post-Construction BMPs are addressed in a regional or local storm water management plan. i.
For redevelopment projects (i.e., developments on previously developed property), PostConstruction practices shall either ensure a 20 percent net reduction of the site impervious area, provide for treatment of at least 20 percent of the WQv, or a combination of the two.
j.
Site Description: i.
The prior land uses of the site
City of Streetsboro
Low‐Impact Development Standards Title 10
v. Name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located. k. A vicinity sketch locating: i.
The development area
ii. The larger common plan of development or sale iii. All pertinent surrounding natural features within 200 feet of the development site including, but not limited to: a. Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank) b. Conservation Easements
Title 1 Purpose & Scope Title 2 Districts & Uses
iv. Amount of the impervious area and percent imperviousness created by the construction activity
Title 3 Special Districts
iii. Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas)
Title 4 Gen. Provisions
ii. The nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.)
Table of Contents
Post‐Construction Water Quality Runoff Regulations Chapter 11.1003
p. The location of any existing or planned riparian and/or wetland setback areas on the property.
Section 11.1003.09 1195.10 EASEMENTS Future access to all permanent vegetative and/or mechanical Post-Construction water quality conservation practices (BMPs) and other areas, as required by the Engineering Director and/or his or her designees, shall be secured by means of easements. A. The easements shall be recorded in the name of the Community and, in single-family residential developments, the homeowners association. B. Such easements shall be not less than twenty-five (25) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. Further, an easement of this type shall be provided on one (1) side of the flood control or storm drainage ditch, channel, or similar-type facility. C. Access along the initial drainage system shall be by means of easements. Such easements shall be not less than twenty-five (25) feet in width, with a minimum ten (10) foot width on either side of the centerline. D. Access adjacent to storage facilities shall consist of a twenty-five (25) foot easement in the case of detention (dry) basins, and a twenty-five (25) foot easement with a twenty-five 25 foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself.
Draft Zoning Ordinance: February 15, 2012
Title 6 Landscaping Title 7 Signs
o. The person or entity responsible for continued maintenance of all permanent vegetative and/or mechanical Post-Construction water quality conservation practices (BMPs).
Title 8 Administration
n. Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
Title 9 Subdivisions
m. The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale.
Title 10 LID Standards
The existing and proposed topography shown in the appropriate contour intervals as determined by the Engineering Director and/or his or her designees (generally one-foot contours are used).
Title 11 Definitions
l.
Title 5 Parking
c. Other sensitive natural resources and areas receiving runoff from the development.
259
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
260
E. Easements for the emergency flow ways shall be a minimum of twenty-five (25) feet in width, or larger if required by the Engineering Director and/or his or her designees. F. Flood control or storm drainage easements containing underground facilities shall have a minimum width of twenty-five (25) feet. G. The easements shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of storm water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the grading plan.
Section 11.1003.10 1195.11 MAINTENANCE Any portion of the permanent Post-Construction water quality management systems, including on-site and off-site treatment/storage facilities that are constructed by the owner, will be continuously maintained into perpetuity. A. Required: Detail drawings and maintenance plans must be provided for all Post-Construction Best Management Practices (BMPs). B. Pollutants: Maintenance plans must ensure that pollutants collected within structural Post-Construction BMP practices be disposed of in accordance with local, state and federal guidelines. C. Process: Maintenance plans shall be provided by the permittee to both the Engineering Director and/or his or her designees and the Post-Construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the Engineering Director and/or his or her designees giving final approval for the completed construction. D. Single-Family Residential Developments: A Homeowners' Association shall be created and placed in title of the affected lands and shall be continuously responsible for Post-Construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community. E. Multi-Family, Commercial and Industrial Developments: The plans will clearly state that the owner of the property shall be continuously responsible for Post-Construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community. F. Maintenance Design: Low maintenance requirements are a priority in the design and construction of all facilities. Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities. All permanent drainage, soil erosion, sediment control, water quality management systems and BMPs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the plans and the requirements of this ordinance. Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are properly operational. G. Perpetual Maintenance Inspections: One (1) inspection with a written report will be performed each year. The written report will be given to the Engineering Director and/or his or her designees by May 1st of each and every year after the Best Management Practice (BMP) has been completed. 1. Structures that require a permit from the Ohio Division of Water: A written and stamped report from a professional engineer on the status of all structural BMPs that require a permit from the Ohio Department of Natural Resources (ODNR) Division of Water. This applies to all BMPs that require a permit either at the time of construction or fall under the jurisdiction of ODNR Division of Water at any time after construction is completed. 2. Easements: A written report from an inspector on the status of all storm water management easements for each project shall be submitted to the Engineering Director and/or his or her designees by May 1st of each year into perpetuity. These reports will document if restricted plantings, fences and structures are on the easement and will identify the location of the noted easement restriction violations. 3. Best Management Practices (BMPs) that do not have a high risk for loss of life, bodily injury, or damage to structures or infrastructure related to imminent failure as determined by the Engineering Director
City of Streetsboro
Low‐Impact Development Standards Title 10
2. Riser in Embankment: The riser shall be located within the embankment for purposes of maintenance access. Access to the riser will be by manholes. 3. Water Drains: Each retention basin shall have a drainpipe that can completely drain the pond. The drain shall have an elbow within the pond to prevent sediment deposition from plugging the drain, and prevent sediment deposition from draining into the nearby waterways. 4. Adjustable Gate Valves: Both the Water Quality and the Storm Water Management Basin drains shall have adjustable gate valves. Valves shall be located inside of the riser at a point where they will remain dry and can be operated in a safe and convenient manner. During the annual inspections the valves shall be fully opened and closed at least once, and the certifying official shall attest to this on the inspection form. To prevent vandalism, the handwheel shall be chained to a ringbolt or manhole step. 5. Principal Spillway: Each principal spillway shall be designed in accordance with the Natural Resources Conservation Service (NRCS) standards and specifications for the office serving the local county. Each principal spillway shall have the capacity to pass the 100-year design storm flows. The inlet or riser size for the pipe drops shall be designed so that the flow through the structure goes from weir flow control to pipe flow control without going into orifice control in the riser. The crest elevation of the primary spillway shall be no less than one foot below the emergency spillway crest. Premium joint pipe is required and a removable trash rack shall be installed at each location. Anti-seep collars shall be provided for all pipe conduits through an embankment. 6. Emergency Spillway: An emergency spillway shall be provided on each Water Quality and Storm Water Management basin. Emergency spillways shall convey flood flows safely past the embankment, and shall be designed in accordance with NRCS standards and specifications for the office serving the local county. Emergency spillways shall have a 100-year design storm capacity unless exempted in writing by Engineering Director and/or his or her designees. 7. Embankments: Each dam embankment shall be designed in accordance with the NRCS standards and specifications for the office serving the county that the project is located in. Anti-seep collars shall be provided for all pipe conduits through an embankment. 8. Safety Features: a. The primary spillway opening shall not permit access to the public and other non-maintenance personnel.
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
1. Pool Geometry: The minimum length-to-width ratio for the pond is 3:1 (the length will be three (3) times the width).
Title 6 Landscaping
B. Water Quality Basins:
Title 7 Signs
A. Standards and Specifications: Post-Construction runoff practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Rainwater and Land Development manual, NRCS Field Office Technical Guide for the local county, or the Ohio EPA, whichever is most stringent.
Title 8 Administration
In order to control pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established in the following standards.
Title 9 Subdivisions
Section 11.1003.11 1195.12 MINIMUM STANDARDS
Title 10 LID Standards
4. BMPs that have a potential loss of life: A written and stamped report covering the status of all BMPs that have a potential for loss of life, bodily injury, or damage to structures or infrastructure will be prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction.
Title 11 Definitions
and/or his or her designees: A written and stamped report from a professional engineer, landscape architect or Certified Professional In Erosion and Sediment Control (CPESC) on the status of permanent soil erosion, sediment control, water quality management systems and the status of the related easements shall be submitted to the Engineering Director and/or his or her designees by May 1st of each year into perpetuity.
Table of Contents
Post‐Construction Water Quality Runoff Regulations Chapter 11.1003
261
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents
b. The perimeter of all water pool areas that are deeper than three (3) feet shall be surrounded by benches that meet the following: i.
Title 1 Purpose & Scope
A safety bench, with a maximum slope of 3%, which extends outward, on dry land, from the shoreline. This bench will be a minimum of 25 feet wide to provide for the safety of individuals and maintenance vehicles that are adjacent to the water pool. The safety bench may be landscaped, without the use of structures, to prevent access to the water pool.
ii. Side slopes between the safety bench and the aquatic bench shall not be steeper than 3:1 (3 feet horizontal for every 1 foot vertical).
Title 2 Districts & Uses
iii. An aquatic bench that extends inward from the shoreline far enough to ensure public safety and has a maximum depth of 15 inches below the normal water surface elevations. The aquatic bench may be landscaped to prevent access to the deeper water pool. The aquatic bench may also be incorporated into the Post-Construction Water Quality Plan.
Title 3 Special Districts
iv. Side slopes beyond the aquatic bench and below the permanent water level shall not be steeper than 2:1 (2 feet horizontal for every 1 foot vertical).
Title 4 Gen. Provisions
v. The contours of the pond will be designed and managed to eliminate drop-offs and other hazards. Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench. 9. Water Quality Basin: If a Water Quality Basin is needed and cannot be incorporated into an existing or planned Detention or Retention Basin then a separate Water Quality Basin will need to be planned, designed, constructed and maintained into perpetuity.
Title 5 Parking
a. Water Quality Basins will not be constructed in any permanent or intermittent stream channel.
Title 6 Landscaping
10. Flexibility: These standards are general guidelines and shall not limit the right of the Engineering Director and/or his or her designees to impose at any time additional and/or more stringent requirements nor shall the standards limit the right of the Engineering Director and/or his or her designees to waive, in writing, individual requirements. a. If the Engineering Director and/or his or her designees waives, in writing, individual requirements the owner will provide the Engineering Director and/or his or her designees with the information and documentation required to assure Ohio EPA that the waived requirement will not degrade water quality.
Title 7 Signs
Section 11.1003.12 1195.13 ALTERNATIVE ACTIONS
Title 8 Administration
Where the Engineering Director and/or his or her designees determines that site constraints exist in a manner that compromises the intent of this ordinance to improve the management of storm water runoff as established in this ordinance, practical alternatives may be used to result in an improvement of water quality and/or a reduction of storm water runoff. Such alternatives must be in keeping with the intent and likely cost of those measures that would otherwise be required to meet the objectives of this section. When possible, all practical alternatives shall be implemented within the drainage area of the proposed development project. Practical alternatives can include, but are not limited to:
Title 9 Subdivisions
A. Fees in an amount equivalent to the cost of design, installation and maintenance of accepted post construction storm water BMP's shall be paid. Such costs shall be verified and documented by the Engineering Director and/or his or her designee's. Such fees shall be placed in an account and applied to storm water management practices to improve storm water quality in the community.
Title 10 LID Standards
B. Implementation of off-site storm water management practices. C. Watershed or stream restoration within the community. D. Retrofitting of an existing storm water management practice within the community.
Title 11 Definitions
262
E. Other practices approved by the Engineering Director and/or his or her designees in keeping with the intent of this section.
City of Streetsboro
Low‐Impact Development Standards Title 10
3. A letter from the site owner verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States. Such a letter shall be noted on site plans submitted to the Community.
Section 11.1003.14 1195.15 CONSTRUCTION AND MAINTENANCE GUARANTEE All permanent storm water, soil erosion, sediment control and water quality practices not specifically waived by the Community shall be constructed prior to the granting of the Final Plat Approval. Upon the request of the owner, the Community may defer the construction or installation of a permanent storm water, soil erosion, sediment control or water quality practice prior to the approval of the final plat where, in the Engineering Director's and/or his or her designees judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, the Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six (6) months after the filing of such final plat. The owner will provide a maintenance guarantee for all permanent improvements, soil erosion, and sediment control and water quality practices. The Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that the planned temporary and permanent soil erosion, sediment control and water quality practices will be constructed and removed in a timely manner, as determined by the Engineering Director and/or his or her designees. A. The Guarantee: The guarantee of both performance and maintenance will be in the form of a Security Bond, Escrow Account, Certified Check or Cash. The Security Bond, Escrow Account, Certified Check or Cash will be used by the Community to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment control and water quality practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the Engineering Director. The Security Bond, Escrow Account, Certified Check or Cash will be in the total amount of both the performance
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping
2. A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable Nationwide Permit; or
Title 7 Signs
1. A copy of the U.S. Army Corps of Engineers Individual Permit, if required for the project, showing project approval and any restrictions that apply to site activities; or
Title 8 Administration
C. Federal And State Wetland Permits: The provisions of the U.S. Army Corps of Engineers dredge and fill permits for federally-protected wetlands shall be followed. The provisions of Ohio EPA's Isolated Wetlands Permits shall also be followed. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of the application of these regulations. Written proof of compliance with both permit programs will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued. Proof of compliance shall be, but is not limited to, the following:
Title 9 Subdivisions
B. NPDES Permits: The provisions of the National Pollutant Discharge Elimination System (NPDES) Permits for construction activity, by the Ohio EPA, shall be followed. Proof of compliance shall be, but is not limited to, a copy of the Ohio EPA NPDES Permit number or a letter from the site owner explaining why the NPDES Permit is not applicable. The written proof will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued.
Title 10 LID Standards
A. Ohio Dam Safety Laws: The provisions of the Ohio Dam Safety Laws shall be followed. Proof of compliance with the Ohio Dam Safety Law administered by the ODNR Division of Water shall be, but is not limited to, a copy of the ODNR Division of Water permit number or a copy of the project approval letter from the ODNR Division of Water or a letter from the site owner explaining why the Ohio Dam Safety Law is not applicable. The written proof will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued.
Title 11 Definitions
Section 11.1003.13 1195.14 COMPLIANCE WITH OTHER RULES AND REGULATIONS
Table of Contents
Post‐Construction Water Quality Runoff Regulations Chapter 11.1003
263
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
264
guarantee and the maintenance guarantee. Ohio municipalities and counties may require performance bonds or other guarantees for water management improvement as stated in the ORC Chapter 711.101. 1. Security Bond, Escrow Account, Certified Check or Cash shall be deposited with the Community prior to review by the Engineering Director and/or his or her designees to cover professional services of the Engineering Director, Building Commissioner, Zoning Inspector and/or other experts required by the Engineering Director and/or his or her designees, Community Council, Mayor or Review Boards. 2. No soil disturbing activities shall be permitted until a Security Bond, Escrow Account, Certified Check or Cash has been posted to the satisfaction of the Engineering Director sufficient for the Community to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulation, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation. The Security Bond, Escrow Account, Certified Check or Cash shall be released only after all work required by this regulation has been completed to the satisfaction of the Engineering Director and/or his or her designees and all permit and inspection fees required by these regulations have been paid in full. 3. No project subject to this regulation shall commence without the Soil Erosion and Sediment Control, and Storm Water Management, and Water Quality Plans having been approved by the Engineering Director and/or his or her designees. B. Performance Guarantee: The furnishing of a performance guarantee will be maintained in an amount of not less than 120% of the estimate approved by the Engineering Director, of installation of the deferred improvements. C. Maintenance Guarantee: The maintenance guarantee shall be maintained for a period of not less than (two) 2 years after final acceptance of the storm water, soil erosion, sediment control, and water quality practices in an amount equal to 20% of the estimate approved by the Engineering Director, of the construction and, where necessary, removal of such practices. D. Time Extension: The Engineering Director may extend the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner. E. Completion: Upon completion of the construction of improvements or temporary and/or permanent, soil erosion, sediment control, and water quality practices and the removal of the temporary soil erosion, sediment control, and water quality practices for which the performance guarantee has been provided, the owner shall notify the Engineering Director and/or his or her designees of this fact. F. Inspection: The Community will not release the Security Bond, Escrow Account, Certified Check or Cash guarantee until the Engineering Director and/or his or her designees has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed. G. Release: The Construction Maintenance Guarantee shall not be released by the Community until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized.
Section 11.1003.15 1195.16 APPLICATION PROCEDURES FOR POST CONSTRUCTION WATER QUALTY PLANS A. This plan will be combined with the Soil Erosion and Sediment Control, Storm Water Management, Riparian Setback and Wetland Setback Plans that have also been developed for the site. B. Plans developed by the site owners and approved by the Community in accordance with this regulation do not relieve the site owner of responsibility for obtaining all other necessary permits and/or approvals from federal, state, county, and local agencies and departments. If requirements vary, the most stringent requirement shall be followed. C. The site owner shall submit a report from the local county soil and water conservation district, which reviews the owner's development, plans and improvement plans. The applicant or his or her designated representative
City of Streetsboro
Low‐Impact Development Standards Title 10
1. Format: a. Text material will be on 8.5 by 11 inch paper. b. Drawings will be on paper sized no larger than 24 inch by 36 inches. 2. Construction projects: a. At the preliminary plan approval request the preliminary plans shall show all of the following existing and planned features: streams, water bodies, wetlands, riparian and wetland setback areas permanent BMPs, storm water management detention and retention basins. b. At the Improvement plan approval request.
Title 1 Purpose & Scope Title 2 Districts & Uses
E. Five (5) sets of the plans and necessary data required by this regulation shall be submitted to the Engineering Director and/or his or her designees as follows:
Title 3 Special Districts
D. Plans submitted to the Engineering Director and/or his or her designees for, review and approval shall be accompanied by other required permits and documentation relevant to the project, including but not limited to the US Army Corps Of Engineers, Ohio EPA, ODNR Division of Water and Ohio EPA NPDES Permit for Construction Activities.
Title 4 Gen. Provisions
will pay any costs associated with obtaining the report(s) from the local county SWCD. These reports shall address the planned development, and Soil Erosion and Sediment Control, Storm Water Management, Riparian Setback and Wetland Setback Plans and Other Sensitive Areas.
Table of Contents
Post‐Construction Water Quality Runoff Regulations Chapter 11.1003
d. The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent vegetative and/or mechanical Post-Construction water quality conservation BMPs. 6. SWCD Approval: A letter or report from the local county SWCD that states that the Soil Erosion and Sediment Control, Storm Water Management and Riparian Setback and Wetland Setback Plans all appear to meet Ohio EPA and local regulations. It should be noted that only the Ohio EPA and the local communities can state that any plans or activities meet their regulations and rules. 7. Engineering Director Review: The Engineering Director and/or his or her designees shall review the plans, including the approval report from the local county SWCD, and shall approve or return these with comments and recommendations for revisions, within thirty (30) working days after receipt of the plan as described above. A plan rejected because of deficiencies shall receive a report stating specific problems and the procedures for filing a revised plan. At the time of receipt of a revised plan another thirty-day review period shall begin. 8. Approval Timeframe: Approved plans shall remain valid for two (2) years from the date of approval. After two (2) years the plan(s) approval automatically expires. 9. Soil Disturbance: No soil-disturbing activity shall begin before all necessary local, county, state and federal permits have been granted to the owner or operator.
Draft Zoning Ordinance: February 15, 2012
Title 6 Landscaping Title 7 Signs
c. The person or entity financially responsible for inspecting and maintaining all permanent vegetative and/or mechanical Post-Construction water quality conservation BMPs.
Title 8 Administration
b. Long-term maintenance inspection schedules for all permanent vegetative and/or mechanical Post-Construction water quality conservation BMPs.
Title 9 Subdivisions
a. The requirements and schedules of all permanent vegetative and/or mechanical PostConstruction water quality conservation BMPs.
Title 10 LID Standards
5. Long-term Maintenance:
Title 11 Definitions
4. Permits List: A list of all the permits that will be needed from federal, state and local agencies.
Title 5 Parking
3. For general clearing projects: Thirty (30) working days prior to any soil-disturbing activities.
265
Title 10 Low‐Impact Development Standards Chapter 11.1003 Post‐Construction Water Quality Runoff Regulations Table of Contents
10. Inspection: The City will do construction inspections until the site is stabilized as determined by the Engineering Director and/or his or her designees. The construction will not be considered completed until the Community Engineer has conducted the Post-Construction inspections.
Title 1 Purpose & Scope
Section 11.1003.16 1195.17 VIOLATIONS
Title 2 Districts & Uses
No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.
Section 11.1003.17 1195.99 PENALTIES
Title 3 Special Districts
A. Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense. B. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
Title 4 Gen. Provisions Title 5 Parking
C. Upon notice from the Engineering Director and/or his or her designees, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the Engineering Director and/or his or her designees may require that work be stopped upon verbal order pending issuance of the written order.
Title 6 Landscaping
D. The imposition of any other penalties provided herein shall not preclude the Community, by or through its Law Director and/or any of his or her assistants, from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the Engineering Director and/or his or her designees.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
266
City of Streetsboro
Definitions Title 11
C. The wor,%D15233E%+1%23*2>1%<2/,2$#0>%2/,%/#$%,+1.0-$+#/20>?% B5-%*#0,1%D<2>E%#0%D15#;3,E%20-%7-0<+11+8-%2/,% discretionary. D. Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. E. G%D6;+3,+/9E%#0%D1$0;.$;0-E%+/.3;,-1%2/>%720$%$5-0-#"?% B5-%*#0,%D,*-33+/9E%+/.3;,-1%D0-1+,-/.-E?% B5-%*#0,%D3#$E% +/.3;,-1%$5-%*#0,1%D73#$E%#0%D720.-3E? F. B5-%75021-%D;1-,%"#0E%+/.3;,-1%D2002/9-,%"#0:E%D,-1+9/-,%"#0:E%D+/$-/,-,%"#0:E%D<2+/$2+/-,%"#0E%#0%D#..;7+-,% "#0?E G. B5-%*#0,%D7-01#/E%+/.3;,-1%2/%+/,+8+,;23:%2%72$0#/:%2%"+0<:%2/%211#.+2$+#/:%2/%#092/+S2$+#/:%2%.#07#02$+#/% (public or private), a partnership or co-partnership, a limited liability company, an incorporated or ;/+/.#07#02$-,%211#.+2$+#/:%2%$0;1$:%#0%2/>%#$5-0%-/$+$>%0-.#9/+S263-%21%2%D7-01#/E%;/,-0%$5-%32*1%#"%F5+#? H. Unless the context clearly indicates the contrary, where a regulation involves 2 or more items, conditions, provisions or -8-/$1%.#//-.$-,%6>%$5-%.#/N;/.$+#/%D2/,:E%D#0E%#0%D-+$5-0%???%#0:E%$5-%.#/N;/.$+#/%15233%6-% interpreted as follows: 1. DG/,E%+/,+.2$-1%$52$%233%$5-%.#//-.$-,%+$-<1:%.#/,+$+#/1:%70#8+1+#/1%#0%-8-/$1%15233%2773>? 2. DF0E%+/,+.2$-1%$52$%233%$5-%.#//-.$-,%+$-<1:%.onditions, provisions or events shall apply singly or in any .#<6+/2$+#/%&+?-?:%D#0E%231#%<-2/1%D2/,V#0E)? 3. DR+$5-0%???%#0E%+/,+.2$-1%$52$%$5-%.#//-.$-,%+$-<1:%.#/,+$+#/1:%70#8+1+#/1%#0%-8-/$1%<2>%2773>%1+/93>? I.
B5-%$-0<1%D$5+1%L#/+/9%OrdinanceE%#0%D$5+1%OrdinanceE%+/.3;,-1%$5-%L#/+/9%Ordinance of the City of Streetsboro and any amendments there to.
J. B5-%$-0<1%D26;$$+/9E%#0%D2,N2.-/$%$#E%+/.3;,-%70#7-0$>%D2.0#11%"0#<E:%1;.5%21%2.0#11%2%1$0--$:%233->:%#0%2/% easement. This term shall also apply to adjacent zoning districts in an adjacent community. K. B5-%*#0,%D5-E%+/.3;,-1%D15-?E
Title 2 Districts & Uses Title 3 Special Districts
B. In the case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.
Title 4 Gen. Provisions
A. The particular shall control the general.
Title 5 Parking
The following rules of construction shall apply to the text of this Ordinance:
Title 6 Landscaping
Section 11.1101.01 RULES OF CONSTRUCTION
Title 7 Signs
Generally
Title 8 Administration
Chapter 11.1101
Title 9 Subdivisions
Title 11 DEFINITIONS
Title 1 Purpose & Scope
Table of Contents
Generally Chapter 11.1101
M. B5-%*#0,%D+/.3;,+/9E%15233%<-2/%D+/.3;,+/9:%6;$%/#$%3+<+$-,%$#?E
Title 11 Definitions
N. Terms not defined in Title 11 (Definitions), or elsewhere in this Ordinance shall have the meaning customarily assigned to them.
Title 10 LID Standards
L. B5-%75021-%D1;.5%21E%15233%<-2/%D1;.5%21:%6;$%/#$%3+<+$-,%$#?E
Draft Zoning Ordinance: February 15, 2012
267
Title 11 Definitions Chapter 11.1102 General Definitions Table of Contents
Chapter 11.1102
General Definitions
Title 1 Purpose & Scope
As used in this Zoning Ordinance, certain terms are defined as follows: Accessory Building or Use. A subordinate building or use that is intended to be used in a manner that is clearly incidental to, customarily found in connection with, subordinate to, and located on the same lot or parcel as the principal use to which it is exclusively related.
Title 2 Districts & Uses
Agency. As defined in Ohio Revised Code Section 111.15, any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
Title 3 Special Districts
Alley. A public or legally established private thoroughfare, other than a street, which affords only a secondary means of access to abutting property. Animal.
Title 4 Gen. Provisions
1. Farm Animal. Animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale or family food production, education or recreation. 2. Domestic Animal. Any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Or
Title 5 Parking
A tame animal that is subject to the dominion and control of an owner and accustomed to living in or near human habitation without requiring extraordinary restraint or unreasonably disturbing such human habitation. Arterial Street or Road. See STREET TERMS
Title 6 Landscaping
Awning. Any structure made of cloth or metal with a frame attached to a building and projecting over a sidewalk, when the same is so erected as to permit its being raised to a position flat against the building when not in use. Basement. See: STORY Bedroom. A room furnished with a bed and intended primarily for sleeping.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
268
Board of Appeals. The Board of Building and Zoning Appeals of the City of Streetsboro. Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels. This shall include tents, awnings or vehicles situated on private property and used for the purposes of a building. Building Height. The vertical distance measured from the bottom of the floor joists or floor slab of the first story to the highest point of the roof for flat roofs; and to the deck line of mansard roofs; and to the average height between eaves and ridges for gable, hip, and gambrel roofs. Where buildings have multiple or conflicting roof styles, the most restrictive method of measurement applies. See S%;73"(),*(I7%86%';(`"%;0$. Building, Principal. The building on a lot used to accommodate the primary use to which the premises are devoted. Canopy. Any structure, other than an awning made of cloth or metal with frames attached to a building, projecting over a sidewalk. Carport. A covered automobile parking space not completely enclosed by walls or doors. Central Sewer System. A system where individual lots are connected to a common sewerage system whether publicly or privately owned and operated. Collector Street. See STREET TERMS
City of Streetsboro
Definitions Title 11
Comprehensive Plan. The long-range plan for the development of the City and its environs as officially adopted on December 2, 2009, or amended thereafter. Condominium. The land together with all buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Ohio R.C. Chapter 5311. Contour. The continuous line of the same elevation above mean sea level as determined by the United States Coast and Geodetic Survey.
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
Collocation. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
Title 11 Definitions
Figure 10. Building Height
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Title 3 Special Districts
Title 2 Districts & Uses
Title 1 Purpose & Scope
Table of Contents
General Definitions Chapter 11.1102
269
Title 11 Definitions Chapter 11.1102 General Definitions Table of Contents
Council. The Council of the City of Streetsboro. Corner Lot. See LOT TYPES
Title 1 Purpose & Scope
Cul-de-sac. See STREET TERMS Day(s). Calendar day(s) unless otherwise specified. Density. The number of dwelling units developed on an acre of land.
Title 2 Districts & Uses
Director of Planning The Director of Planning or a designee thereof. Double Frontage Lot. See LOT TYPES
Title 3 Special Districts
EIFS. Exterior insulation and finishing system (EIFS) is a type of building exterior wall cladding system that provides exterior walls with an insulated finished surface and waterproofing in an integrated composite material system. Existing Street. See STREET TERMS
Title 4 Gen. Provisions
Family. One or more persons related by birth, marriage or legal adoption occupying a dwelling unit and living as a single housekeeping unit, or not more than four unrelated persons occupying a dwelling unit and living as a single housekeeping unit. Fence. A barrier constructed so as to contain or enclose an area as a protective measure.
Title 5 Parking
Finding of Fact. A concise statement of the action taken by a board or commission, either drafted during the meeting, or prepared by staff in advance, that is in the form of a motion and which is recorded as part of the minutes for the meeting at which the action was taken. Finished Grade. See GRADE Flood Plain. That area defined by FEMA as the 100 year pool elevation as designated on the Zoning Map.
Title 6 Landscaping
Floor Area. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings. Floor area for the purposes of these regulations, shall not include basement, garage elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps.
Title 7 Signs
Frontage. All the property on one side of a street adjacent to and contiguous with the line of a public right-of-way. Front Lot Line. See LOT LINE Front Yard. See YARD TERMS
Title 8 Administration
Garage, Private. An accessory building or an accessory portion of the principal building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory. Grade.
Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
270
1. Finished Grade. For buildings abutting one street only, the elevation of the sidewalk at the center of the wall facing the street (or the elevation of the center line of the street where no sidewalk exists), for buildings having walls facing more than one side street, the average elevation of the sidewalk at the centers of all walls facing the street, for buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. (Any wall approximately parallel to a street line is to be considered as facing the street.) 2. Natural Grade. The elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
Gross Acreage. Land area measured on the horizontal plane, and including land occupied by all natural and manmade features of the landscape.
City of Streetsboro
Definitions Title 11
Lattice Tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top. Loading Space. An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Local Street. See STREET TERMS Lot. A piece, parcel or plat of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces and access to or frontage on a public street, as required by these regulations. Lot Area, Gross. The computed area contained within the lot lines. Where the lot has been conveyed to the center of the street the area of the lot lying within the established street right-of-way shall not be included as part of the lot area for the purpose of these regulations. Lot Area, Net. Gross lot area minus any portions of the lot located within lakes, ponds, jurisdictional wetlands, utility easements, public street rights-of-way and private road easements
Title 1 Purpose & Scope Title 2 Districts & Uses
Jurisdictional Wetlands. G/>%32/,%$52$%+1%,-"+/-,%#0%+,-/$+"+-,%+/%\?%H?%G0<>%J#071%#"%R/9+/--01(%J#071%#"%R/9+/--01% Wetlands Delineation Manual, Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. A jurisdictional wetland as regulated by Section 404 of the Clean Water Act consists of (a) hydric soils, (b) hydrophytic vegetation, and (c) wetland hydrology (generally meaning that they support more than 50% wetland vegetation, and are poorly drained soils that are periodically inundated or saturated).
Title 3 Special Districts
Interstate. See STREET TERMS
Title 4 Gen. Provisions
Interior Lot. See LOT TYPES
Title 5 Parking
Impounded Motor Vehicle. Any motor powered vehicle whether operable or inoperable and whether licensed or unlicensed, taken into custody and possession by a governmental agency or its legal agent pursuant to authority provided by statute, governmental regulations, or court order for the purpose of storage pending a final determination as to the disposition of said vehicle.
Title 6 Landscaping
Gross Lot Area. See LOT AREA, GROSS
Table of Contents
General Definitions Chapter 11.1102
Lot Depth. The mean horizontal distance between the right-of-way line of the street and the rear lot line.
Title 7 Signs
Lot Coverage. The portion of the lot area that is covered by any buildings.
3. Side Lot Line. A side lot line is any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a side street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. 4. Side Street Lot Line. In the case of a corner lot, the side street lot line is the line separating such lot from the street which is not designated as the front street in the plat or in the application for a building permit or zoning occupancy permit.
Title 9 Subdivisions
2. Rear Lot Line. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to the farthest from the front lot line, not less than ten feet long and wholly within the lot.
Title 10 LID Standards
1. Front Lot Line. In the case of an interior lot, the line separating such lot from the street. In the case of a corner or through lot, the line separating such lot from that street which is designated as the front street in the request for zoning compliance permit.
Title 8 Administration
Lot Line. A property line defining the limits of a lot.
1. Corner Lot. A lot where the interior angle of 2 adjacent sides at the intersection of the 2 streets is less than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot for the purposes of this ordinance if the arc is a radius of less than 150 feet and the tangents to the curve, at the two points
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
Lot Types.
271
Title 11 Definitions Chapter 11.1102 General Definitions Table of Contents
where the lot lines meet the curve or the straight street line extended form an interior angle of less than 135 degrees. (See S%;73"())*(L&$(A>2"5)
Title 1 Purpose & Scope
2. Double Frontage Lot. Any interior lot having frontage on 2 more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of such lots adjacent to streets shall be considered frontage, and front yards shall be provided as required. (See S%;73"())*(L&$(A>2"5) 3. Interior Lot. A lot other than a corner lot. (See S%;73"())*(L&$(A>2"5)
Title 2 Districts & Uses
4. Flag Lot. Jeff would you like me to add a definition? You had mentioned at one time about adding standards?
Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs
Figure 11. Lot Types
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
272
City of Streetsboro
Definitions Title 11
Mixed Use District. Mixed use districts are a subset of nonresidential districts that permit both residential and nonresidential uses. Mixed use districts include the B-N, B, and D districts. Monopole. A support structure constructed of a single, self- supporting hollow metal tube securely anchored to a foundation. Natural Area. An area of land and/or water which has retained its natural character to some degree or has some unusual flora, fauna, geological, archaeology, scenic or similar features of scientific or educational interest. A natural area need not be completely undisturbed. Natural Grade. See GRADE Net Developable Area. The developable area of a site determined by deducting 15% of the gross site area for streets and utilities plus any site area(s) encumbered by the following unbuildable site conditions from the gross acreage of the proposed residential development (the acreage to be subdivided): 1. _;0+1,+.$+#/23%*-$32/,1:%21%,-"+/-,%+/%\?%H?%G0<>%J#071%#"%R/9+/--01(%J#071%#"%R/9+/--01%Q-$32/,1% Delineation Manual, Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Jurisdictional wetland as regulated by Section 404 of the Clean Water Act consisting of (a) hydric soils, (b) hydrophytic vegetation, and (c) wetland hydrology (generally meaning that they support more than 50% wetland vegetation, and are poorly drained soils that are periodically inundated or saturated).
Title 1 Purpose & Scope Title 2 Districts & Uses
Minimum Setback Line. Lines parallel to the street right-of-way line or lot lines and at a distance therefrom equal to the required depth of the front, side or rear yards. For front yards where the right-of-way line is an arterial or collector street, the building line shall be measured from the proposed right-of-way line.
Title 3 Special Districts
Minor Street. See STREET TERMS.
Title 4 Gen. Provisions
Minerals. Sand, gravel, clay, peat, peatmoss, topsoil, shale, gypsum, halite, limestone, dolomite, sandstone, other stone, metalliferous or nonmetalliferous ore, or other material or substance of commercial value excavated in a solid state from natural deposits on or in the earth, but does not include coal.
Title 5 Parking
Major Street. See STREET TERMS.
Title 6 Landscaping
Lot Width. The width of a lot measured along the front minimum setback line.
Title 7 Signs
Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Portage County or a parcel of land, the deed to which was of record on or prior to the effective date of these regulations.
Table of Contents
General Definitions Chapter 11.1102
3. Steep slopes, defined as a slope greater than 25%. 4. Easements, defined as rights-of-way that prohibit residential construction.
Title 8 Administration
2. Floodplains, as shown on the Zoning Map as F-P or areas that lie within a FEMA 100-year floodplain, either with in elevations determined by FEMA or mapped by FEMA.
Net Developable Density. The number of dwelling units permitted to be developed on the net developable area of a site per this Ordinance. Net Lot Area. See LOT AREA, NET New Street. See STREET TERMS Nonconformities
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
Steep slopes, easements, and wetland and riparian setbacks within yard setbacks may be included in gross 2.0-29-%"#0%7;07#1-1%#"%,-$-0<+/+/9%D/-$%,-8-3#7263-%20-2?E
Title 11 Definitions
6. Wetland and riparian setbacks.
Title 9 Subdivisions
5. Bodies of water.
273
Title 11 Definitions Chapter 11.1102 General Definitions Table of Contents
1. Nonconforming Structure. A structure or portion thereof lawfully existing at the effective date of this ordinance or amendments thereto that does not conform to ordinance provisions for the district in which it is located, but is otherwise in compliance with all other applicable federal, state, county and city laws, ordinances, regulations and codes.
Title 1 Purpose & Scope Title 2 Districts & Uses
2. Nonconforming Use Of Land. A use that lawfully occupied a parcel or contiguous parcels of land or structure and land in combination at the effective date of this ordinance or amendments thereto that does not conform to the use regulations of the district in which it is located, or does not have special approval where provisions of this Ordinance require such approval, but is otherwise in compliance with all other applicable federal, state, county and city laws, ordinances, regulations and codes. 3. Nonconforming Lot of Record. A platted or unplatted parcel of land lawfully existing at the effective date of this ordinance or amendments thereto that does not conform to ordinance provisions for the district in which it is located.
Title 3 Special Districts
4. Nonconforming Site. A parcel of land that was developed or improved with structures and other site improvements prior to the date of adoption of current zoning ordinance provisions for site design, landscaping, pedestrian access, exterior lighting, paving and other site elements.
Title 4 Gen. Provisions
5. Illegal Structure. A structure or portion thereof, which is not a conforming or a nonconforming structure, or is not in compliance with all applicable federal, state, county and city laws, ordinances, regulations and codes. 6. Illegal Use Of Land. A use that occupies one or more contiguous parcels of land, or structures and land in combination, which is not a conforming or a nonconforming use, or is not in compliance with all applicable federal, state, county and city laws, ordinances, regulations and codes.
Title 5 Parking
7. Cessation. To terminate, abandon or discontinue a use of land or building for a period of time that, under the provisions of this ordinance, would prevent the use from being resumed. Nonrequired Yard. See YARD TERMS
Title 6 Landscaping
Nonresidential District. Nonresidential districts include the O, B-N, B, B-R, D and I-1 districts. Nuisance. Anything that interferes with the use or enjoyment of property, endangers personal health, safety or is offensive to a person of ordinary sensibilities. Occupied. Including the word D#..;72/.>E%15233%<-2/%+/%"2.$%;1-,%2$%$5-%$+<-%+/%K;-1$+#/?
Title 7 Signs
Open Space. Any portion of the lot which is not occupied by any building or structure or is not hard surfaced with a man-made material.
Title 8 Administration
Owner. The individual property owner that intends to own and operate the WECS in accordance with this ordinance. Parking Space. An off-street space or berth for the temporary parking of a vehicle for a period longer than required to load or unload persons or goods.
Title 9 Subdivisions
Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies, or any combination thereof. Planning Commission. The Planning and Zoning Commission of the City of Streetsboro.
Title 10 LID Standards
Premises. An area of land occupied by the buildings or other physical uses which are an integral part of the activity conducted upon the land and such open spaces as are arranged and designed to be used in conjunction with that activity. Principal Building. See BUILDING, PRINCIPAL Private Street. See STREET TERMS
Title 11 Definitions
274
Public Street. See STREET TERMS
City of Streetsboro
Definitions Title 11
Required Yard. See YARD TERMS Residential District. Residential districts include the O-C, R-R, R-1, R-2, R-3, R-4, and R-G districts. Right-of-Way Line. A dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes. Rotor. The non-stationary part of a wind turbine. Rotor Radius. The distance between the center point of the rotor and the outermost point on the rotor or blade.
Figure 12. Setback Terms Side Lot Line. See LOT LINE Side Yard. See YARD TERMS
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Setback, Required*((The distance required to obtain the front, side or rear open space stipulated in this Ordinance. (See S%;73"()-*(!"$?1#U(A"3E5.)
Title 1 Purpose & Scope
Recreational Vehicle. A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Title 2 Districts & Uses
Rear Yard. See YARD TERMS
Title 3 Special Districts
Rear Lot Line. See LOT LINE
Title 4 Gen. Provisions
Public Utility. Any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing to the public, electricity, gas, steam, telephone, telegraph, transportation, water or any other similar public utilities.
Table of Contents
General Definitions Chapter 11.1102
275
Title 11 Definitions Chapter 11.1102 General Definitions Table of Contents
Side Street Lot Line. See LOT LINE Side Street Yard. See YARD TERMS
Title 1 Purpose & Scope
Story. That part of a building, other than a mezzanine, included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. Specifically:
Title 2 Districts & Uses
A. First Story. The highest story having its interior floor surface not more than four feet above the curb level, or the average elevation of the finished grade along the front of the building were it set back from the street.
Title 3 Special Districts
B. Basement. That portion of a building wholly or partly below grade, but so constructed that the vertical distance from the average grade to the basement floor is greater than the vertical distance from the average grade to the basement ceiling. A basement shall not be included as a story for height measurement. A basement is considered a story if over 50% of its height is above the level from which the height of the building is measured. (See S%;73"()+*((P"$"3E%'1$%&'(&9(I15"E"'$(@5*(!$&3>) C. Half-story. That part of a building between a pitched roof and the uppermost full story, such part having a floor area which does not exceed ½ of the floor area of such full story, provided the area contains at least 200 square feet, with a clear height of at least 7 feet 6 inches.
Title 4 Gen. Provisions
Story, Half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. (Jeff- retain new highlighted in yellow or existing not highlighted?)
Title 5 Parking
D. Mezzanine. A full story when it covers more than 33% of the area of the story underneath such mezzanine or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions
Figure 13. Determination of Basement vs. Story
Title 10 LID Standards
Street Terms. A street is a public or private way for pedestrian and vehicular use. Specific street terms as used in this Ordinance are as follows: 1. Arterial Street. SR 43, SR 14, and SR 303 west of SR 43. 2. Collector Street. Diagonal Road, Frost Road west of Page Road, Page Road south of Frost Road, AuroraHudson Road, and Wellman Road.
Title 11 Definitions
276
3. Cul-de-sac. A local street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.
City of Streetsboro
Definitions Title 11
12. Public Street. A public thoroughfare which has been dedicated to the public use and accepted by the City or subject to public easement therefore, and which affords principal means of access to abutting property. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including advertising signs, billboards, pergolas, farmers' roadside stands, fences and walls. Structural Alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical contents of the building. Subdivider. Any individual, firm, association, corporation, trust or any legal entity, including agents commencing proceedings under these Regulations to subdivide land. Subdivision. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include: 1. Any improvement to a structure which is considered "new construction," 2. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
11. Private Street. A thoroughfare which affords principal means of access to abutting property, but which has not been dedicated to the public and/or subject to public easements therefore.
Title 5 Parking
10. New Street. A right-of-way depicted on a plat that is being proposed for dedication as a City street or road at the time of subdivision application.
Title 6 Landscaping
9. Minor Street. Refer to(!"#$%&'())*+,.*,JI*- for the definition of a minor street for the purposes of a TND Option Overlay District.
Title 7 Signs
8. Major Street. Refer to !"#$%&'())*+,.*,JI*) for the definition of a major street for the purposes of a TND Option Overlay District.
Title 8 Administration
7. Local Street. Any other street not identified above.
Title 9 Subdivisions
6. Interstate. I-80 and I-480.
Title 10 LID Standards
5. Existing Street. A City street or road that is in existence, having been dedicated as such, at the time of subdivision application.
Title 11 Definitions
4. Dead-End Street. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
Table of Contents
General Definitions Chapter 11.1102
277
Title 11 Definitions Chapter 11.1102 General Definitions Table of Contents
3. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
Title 1 Purpose & Scope
Swimming Pool, Family. A swimming pool used or intended to be used solely by the owner or lessee thereof and his family, and by friends invited to use it without payment of any fee. Transparent. Allowing the passage of a specified form of radiation (as X-rays or ultraviolet light) b: fine or sheer enough to be seen through.
Title 2 Districts & Uses
Turbine Height. The distance between the ground elevation at the base of the structure and the upper most point of the rotor/blade/structure and/or revolution.
Title 3 Special Districts
Use. The purpose for which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
Title 4 Gen. Provisions
Useable Open Space. The required portion of a lot excluding the required front yard area which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, and shall be twenty feet in least dimension on the ground. Balconies at least four feet, six inches wide, roof areas which are improved and side and rear yards which have fences or walls at least five feet high between the open space and adjacent property may also be counted as useable open space. Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.
Title 5 Parking
Wind Energy Conversion System A Private Use. A WECS which consists of a wind turbine, tower, and associated control or conversion electronics for the purpose of providing electrical power to a lawful principle use. A system having a rated capacity of 10 kilowatts (kW) or less for residential use or 100kW or less for non-residential uses shall be considered a private system for the purposes of these regulations.
Title 6 Landscaping
Wind Turbine. A WECS that converts wind energy into electricity through use of a wind turbine generator and includes such elements as a wind turbine generator hub, blade or rotor, tower, inverter, change controller and dump load, transmission wiring and controls and (possibly) battery bank and/or utility interconnecting equipment. Wind Turbine Hub. An electric power generator to which the blade or rotor of a wind turbine is attached.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
278
Wireless Telecommunication Antenna. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition. Wireless Telecommunications Equipment Building. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed. Wireless Telecommunications Facility. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines. Wireless Telecommunications Tower. A structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed and lattice construction steel structures. Yard. See YARD TERMS Yard Terms 1. Front yard. An open space extending across the full width of a lot and being the perpendicular distance between the street right-of-way line or the proposed street right-of-way line. Where the right-of-way is not established, the right-of-way shall be assumed to be sixty feet. 2. Nonrequired Yard. A yard, as defined herein, that occupies the area between a required setback line and a principal building.
City of Streetsboro
Definitions Title 11
6. Required yard. A yard, as defined herein, that occupies the area of a required setback 7. Yard. An open space of the same lot between the lot line and the building line, unoccupied and unobstructed by any portion of a building or structure from the ground upward, except as otherwise provided herein. Zero Lot Line. The location of dwellings on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Setback is legally one inch. Zoning Amendment. A change in the text and/or district map of the existing Zoning Ordinance which is approved under the terms of this Ordinance.
Title 1 Purpose & Scope Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Zoning Map. The Zoning District Map of the City of Streetsboro, Portage County, Ohio.
Title 2 Districts & Uses
5. Side street yard. The area extending between the front yard and the rear yard situated between the side street lot line and the face of the principal building which is parallel to, or most nearly parallel to, the side street lot line.
Title 3 Special Districts
4. Side yard. An open space between the side building line and the side lines of the lot and extending from the front yard to the rear yard.
Title 4 Gen. Provisions
3. Rear yard. An open space extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the rear building line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be in all cases at the opposite end of the lot from the front yard.
Table of Contents
General Definitions Chapter 11.1102
Draft Zoning Ordinance: February 15, 2012
279
Title 11 Definitions Chapter 11.1103 Use Definitions Table of Contents
Chapter 11.1103
Use Definitions
Title 1 Purpose & Scope
Section 11.1103.01 AGRICULTURAL USE DEFINITIONS
Title 2 Districts & Uses
Agricultural Use. The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine and other animals. A use shall be classified as agriculture only if agriculture is the principal or main use of the land. Greenhouse/Nursery. The cultivation of plants for subsequent sale or personal enjoyment.
Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
280
Kennel. The breeding or raising of four or more dogs, cats, or other household pets of three months age or older 1) not owned by the owner or occupant of the premises or 2) for commercial gain. Roadside Stand. A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales. Stable. 1. Private Stable. A building and associated site improvements for the keeping of horses for noncommercial use by the residents of the lot, not including the keeping of horses for others or for commercial breeding. 2. Public Stable. The keeping of horses for hire, breeding, or commercial use.
Section 11.1103.02 RESIDENTIAL USE DEFINITIONS Boarding House. A building protected with suitable fire protection devices including sprinklers, audible alarms, smoke and heat detectors, and emergency lighting, other than a hotel or motel, where for compensation, meals or lodging and meals are provided for at least three but not more than twenty persons. Manufactured Home. A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of 5#;1+/9%2/,%;062/%,-8-3#7<-/$%7;01;2/$%$#%$5-%D`2/;"2.$;0-,%X#;1+/9%J#/1$0;.$+#/%2/,%H2"-$>%H$2/,20,1%G.$% #"%abcP:E%dd%H$2$?%cee:%PZ%\?H?J?G?%'Pea:%'PeT:%2/,%$52$%521%2%7-0<2/-/$%326-3%#0%$29 affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. For the purposes of is Ordinance, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code. The term "manufactured home" does not include a "recreational vehicle". Manufactured Home Park. As specified in the Ohio Revised Code 3733.01(A), a manufactured home park means any tract of land upon which three or more manufactured or mobile homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. D`2/;"2.$;0-,%5#<-%7204E%,#-1%/#$%+/.3;,-%2/>%#"%$5-% following: 1. A tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp as defined in section 3729.01 of the Revised Code; 2. A tract of land that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes used for habitation and the roadways are dedicated to the local government authority; 3. A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation.
City of Streetsboro
Definitions Title 11
Multiple Family Dwelling. A building used exclusively for residential purposes containing three or more residential dwelling units. A multiple-family structure where units are available for lease or rent for periods of less than one month shall be considered a lodging use. Single Family Dwelling, Attached. A building containing three or more dwelling units where each dwelling unit has its own exterior entrance; is capable of individual use and maintenance without trespassing on adjoining dwellings; and access, utilities and service facilities are independent for each dwelling. Single Family Dwelling, Detached. A dwelling designed for or used exclusively for residence purposes by one family.
Title 1 Purpose & Scope Title 2 Districts & Uses
Modular Home. Factory-built housing certified as meeting the Ohio State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards a site-built homes.
Title 3 Special Districts
Mobile Home. A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code.
Table of Contents
Use Definitions Chapter 11.1103
Essential Services and Utilities. The erection, construction, alteration or maintenance by public utilities or Municipal departments, or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories necessary for the furnishing of adequate service by such public utilities or Municipal departments or commissions or for the public health, safety or general welfare. Hospital or Medical Clinic. 1. Hospital. Any building or other structure containing beds for at least four patients and devoted to the medical diagnosis, treatment or other care of human ailments. 2. Medical Clinic. Any building or other structure devoted to the medical diagnosis, treatment and care of human outpatients. Human Care Institution. A facility for the aged or mentally or physically infirm, protected with suitable fire protection devices including sprinklers, audible alarms, smoke and heat detectors and emergency lighting, conducted within any abode, building, institutional residence or home used for the reception and care, for a consideration, of three or more persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves or who are elderly, and for which a license has been issued by the State. Institution for Higher Education. A facility for post-secondary education that grants associate, bachelor, master, or doctoral degrees and that may include research functions or professional schools.
Draft Zoning Ordinance: February 15, 2012
Title 5 Parking Title 6 Landscaping Title 7 Signs
Cultural, Municipal, or Public Use. A public or private non-profit facility for the benefit of and service to the general public, including, but not limited to community centers, cultural facilities such as libraries or museums, police and fire stations, and municipal and government uses.
Title 8 Administration
Child Day Care Center. As defined in RC 5104.01(L).
Title 9 Subdivisions
Cemetery. Land used for the burial of the dead, and dedicated for cemetery purposes, including crematories, columbarium, mausoleums and mortuaries.
Title 10 LID Standards
Campground. A parcel of land that contains sites for temporary occupancy of tents, travel trailers, motor homes and other recreational vehicles, or which contains cabins or similar structures for temporary use. A campground may be improved with water, sewer, or septic utilities, and/or electricity, or may be "rustic," with minimal utilities and facilities.
Title 11 Definitions
Section 11.1103.03 COMMUNITY, CIVIC, AND INSTITUTIONAL USE DEFINITIONS
Title 4 Gen. Provisions
Two Family Dwelling. A building designed and used exclusively by two families living independently of each other.
281
Title 11 Definitions Chapter 11.1103 Use Definitions Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
282
Place of Worship. A facility used for regular organized religious worship and related activities, including living quarters for church ministry or other members of the religious order who carry out their duties primarily on the site, religious education classes, and limited recreation facilities. Primary School. Facilities for elementary, junior, and secondary schools including the customarily associated facilities such as administrative offices and auditoriums. Private Club, Fraternal Organization, or Community Group. A membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. Recreation, Public. An open area and/or facilities designed for the active and/or passive use of the general public.
Add a definition for Sanitarium Type-A Family Day-Care Home. As defined in RC 5104.01(RR). Type-B Family Day-Care Home. As defined in RC 5104.01(SS). Technical School. Private educational facilities including business and commercial technical schools, art schools, dance schools and specialized educational facilities. Wildlife Refuge or Game Preserve. An area of land that is protected and managed in order to preserve a particular type of habitat and its flora and fauna which may or may not be rare or endangered.
Section 11.1103.04 COMMERCIAL, OFFICE, AND SERVICE USE DEFINITIONS Adult Entertainment. Any business which primarily features sexually oriented or sexually stimulating material and/or performances, including the following: adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult massage parlor, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center or similar establishment or any place that permits patrons to be filmed or photographed performing "sexually explicit activities" or displaying "specified anatomical areas" for electronic transmission over the wireless device, the internet, film, motion picture, videocassette, DVD or other photographic reproduction. "Sexually oriented" when used to describe film, motion picture, videocassette, DVD, slides, or other photographic reproductions shall mean film, movies, motion picture, videocassette, DVD, slides or other photographic reproductions that regularly depict material which is distinguished or characterized by an emphasis on matter depicting or describing "sexually explicit activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business. The definition of "adult entertainment use" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy. Terms relating to adult entertainment uses are further defined as follows: 1. Adult Arcade. Any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video or laser disc players, or (ii) other video or image-producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas. 2. Adult Bookstore, Adult Novelty Store, or Adult Video Store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration one or more of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the ,-7+.$+#/%#0%,-1.0+7$+#/%#"%D17-.+"+-,%1-C;23%2.$+8+$+-1E%#0%D17-.+"+-,%2/2$#<+.23%20-21EY%#0
City of Streetsboro
Definitions Title 11
5. Massage. The treating of external parts of the body for remedial or hygienic purposes, consisting of stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided shall pay any consideration whatsoever therefore. For purposes of this Resolution, the term "bodywork" shall mean massage. 6. Myotherapy Establishment. Any individual, group of individuals, person or business which engages in the practice of massage as defined herein, and which has a fixed place of business where any person, firm, association, partnership, limited liability company or corporation carries on any of the activities as defined herein. Myotherapy establishment shall also include, but not be limited to, a Turkish bath parlor, steam bath, sauna, magnetic healing institute, health club, health spa, or physical fitness club or business that offers massages on occasion or incidental to its principal operation, as well as an individual's home where a person is engaged in the practice of massage for consideration. The definition of sexually oriented business shall not include the practice of massage in a licensed hospital, sanitarium, nursing home, medical clinic or the offices of a physician, surgeon, chiropractor, osteopath, psychologist, clinical social worker and family counselor, who are licensed to practice their respective professions in the State of Ohio, or who are permitted to practice temporarily under the auspices of an associate or an establishment duly licensed in the State of Ohio, clergymen, certified members of the American Massage and Therapy Association and certified members of the International Myomassethics Federation. A Myotherapy Establishment engaged in the practice of massage as defined herein is considered a Regulated Use but not a sexually oriented business for purposes of these regulations. 7. Adult Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which 20-%.5202.$-0+S-,%6>%$5-%,-7+.$+#/%#0%,-1.0+7$+#/%#"%D17-.+"+-,%1-C;23%2.$+8+$+-1E%#0%D17-.+"+-,%2/2$#<+.23% 20-21E? 8. Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of semi-nudity, live performances which are characterized by the
Draft Zoning Ordinance: February 15, 2012
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions
4. Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other manipulation of the human body occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. An Adult Massage Parlor, in contrast to a Myotherapy Establishment, is considered a sexually oriented business for purposes of these regulations.
Title 5 Parking
d. Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Title 6 Landscaping
c. Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
Title 7 Signs
b. Live entertainment characterized by the depiction or description of specified anatomical areas or specified sexual activities;
Title 8 Administration
a. Persons who appear in a state of semi-nudity;
Title 9 Subdivisions
3. Adult Cabaret. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
Title 10 LID Standards
A commercial establishment may have other principal business purposes that do not involve the offering for 123-%#0%0-/$23%#"%<2$-0+23%,-7+.$+/9%#0%,-1.0+6+/9%D17-.+"+-,%1-C;23%2.$+8+$+-1E%#0%D17-.+"+-,%2/2$#<+.23%20-21E% 2/,%1$+33%6-%.2$-9#0+S-,%21%D2,;3$%6##41$#0-:%2,;3$%/#8-3$>%1$#0-:%#0%2,;3$%8+,-#%1$#0-E%1#%3#/9%21%#/-%#"%+$1% principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depi.$+#/%#0%,-1.0+7$+#/%#"%D17-.+"+-,%1-C;23%2.$+8+$+-1E%#0%D17-.+"+-,%2/2$#<+.23% 20-21E?
Title 11 Definitions
b. Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.
Table of Contents
Use Definitions Chapter 11.1103
283
Title 11 Definitions Chapter 11.1103 Use Definitions Table of Contents
depiction or description of specified anatomical areas, specified sexual activities, or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment.
Title 1 Purpose & Scope
9. Covering. Any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomic area beneath it. 10. Entertainer. A person who performs some type of activity or pose with the intent of allowing others to witness that activity or pose.
Title 2 Districts & Uses
11. Escort. A person, who for consideration in any form, agrees or offers to act as a companion guide or date for another person, or who agrees or offers to privately perform as an entertainer, including, but not limited to, the modeling of lingerie, the removal of clothing, the performance of a dance or skit, or the providing of specified sexual activities for another person. Under this definition, "privately" shall mean a performance for an individual, or that individual's guests.
Title 3 Special Districts
12. Escort Agency. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Title 4 Gen. Provisions
13. Nude Model Studio. Any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include: a. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
Title 5 Parking
b. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
Title 6 Landscaping
c. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
Title 7 Signs
14. Nudity or State of Nudity or Nude. Exposing to view the genitals, pubic area, vulva perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or stimulates any of these anatomical areas. 15. Person. An individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals whatever form or character.
Title 8 Administration
16. Principal Business Purpose. 25 percent or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is greater.
Title 9 Subdivisions
17. Semi-Nudity or Semi-Nude Condition or Semi-Nude. Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
Title 10 LID Standards
18. Sexual Encounter Center. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
Title 11 Definitions
284
a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or b. Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude. 19. Specified Anatomical Areas.
City of Streetsboro
Definitions Title 11
20. Specified Sexual Activities. Any of the following: a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or c. Any activity intended to arouse, appeal to or gratify a person's lust, passions or sexual desires; or
Title 1 Purpose & Scope
b. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
Title 2 Districts & Uses
a. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
Table of Contents
Use Definitions Chapter 11.1103
Car Wash. A facility consisting of self-service bays or automatic lines for the washing of passenger vehicles. Such uses typically include vacuuming stations and other associated car care uses. Drive-Through Facility. Any portion of a building or structure from which business is transacted, or is capable of being transacted directly with customers located in a motor vehicle. The term "drive-thru" shall also include "driveup" and "drive-in". Gas Station. A place where gasoline, kerosene or any other motor fuel is offered for sale to the public. Such uses may include facilities for the sale of other retail products. Hotel or Motel. 1. Hotel. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, protected with suitable fire protection devices including sprinklers, audible alarms, smoke and heat detectors, and emergency lighting, as distinguished from a boarding house or lodging house. 2. Motel. any building or group of buildings containing sleeping rooms, protected with suitable fire protection devices, including sprinklers, audible alarms, smoke and heat detectors, and emergency lighting, with or without cooking facilities, designed as overnight sleeping quarters for automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges and tourist courts Office. A room or group of rooms used for conducting a business profession, service, or government. Such facilities may include, but are not limited to, offices of attorneys, engineers, architects, physicians, dentists,
Draft Zoning Ordinance: February 15, 2012
Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs
Business Service Establishment. An establishment or place of business primarily engaged in the provision of services to other business or service establishments, which are usually but not always recurrent in nature. Such facilities may include, but are not limited to branch locations for shipping companies, copying and printing establishments, computer service establishments, and the like. Business service establishments do not include the manufacture or repair of any products, implements, or goods.
Title 8 Administration
Bed and Breakfast. An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee with or without meals.
Title 9 Subdivisions
Bar or Tavern. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of such beverages comprises less than twenty-five percent (25%) of the gross receipts.
Title 10 LID Standards
Bank or Financial Institution. A business that offers financial services.
Title 11 Definitions
e. Excretory functions as part of or in connection with any of the activities set forth in (a) through (d), inclusive, above. Bakery or Confectionary. A place for preparing and selling baked goods primarily for final consumption on the premises or sale directly to customers. Bakeries may include incidental food service, and products manufactured on the site may be sold or distributed to other retailers for distribution to customers as an incidental use.
Title 3 Special Districts
d. Human genitals in a state of sexual stimulation, arousal or tumescence; or
285
Title 11 Definitions Chapter 11.1103 Use Definitions Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
286
accountants, finance companies, real estate companies, insurance companies, financial planners, or corporate offices. Offices exclude manufacturing activities, but may include research and development activities. Personal Service Establishment. An establishment or place of business primarily engaged in the provision of services of a personal nature related to the care, hygiene, or appearance of the human body or the maintenance of items worn or carried by persons. Such services are usually but not always recurrent in nature. Examples of personal service uses include, but are not limited to, beauty and barber shops, shoe repair shops, health spas, therapeutic massage, tailor shops, and the like. Pet Boarding Facility. A business for the temporary boarding and care of common household pets. Boarding generally occurs during daytime hours, but may include overnight boarding. Pet boarding facilities may provide related services such as retail sales, grooming, or training, but no animals may be bred or sold at a pet boarding facility. Pistol and Rifle Range. An outdoor facility for marksmanship and other firearm activities. Place of Assembly. A facility for public assembly including, but not limited to arenas, auditoriums, conference facilities, banquet facilities, convention centers, exhibition halls, theatres, performing arts centers, or any other use where people gather for recreational, charitable, or commercial purposes. Public or Self-Storage. A building or group of buildings containing separate storage spaces used for the storage of personal property. Recreation, Private Indoor. Indoor recreation uses that may be smaller in scale, such as arcades, billiards halls, bowling alleys, indoor shooting ranges and similar uses; or larger in scale, such as soccer, hockey, tennis, swimming, or other similar uses. Recreation, Private Outdoor. Outdoor recreation uses that are not open to the general public or which charge an admission or usage fee. Typical uses may include country clubs, golf courses, miniature golf, swimming pools, tennis courts, volleyball courts, soccer, baseball, go-cart tracks, batting cages, golf driving ranges (not associated with a golf course), amusement parks, and similar uses. Restaurant. A place of business dedicated to the preparation and sale of food and beverage for immediate consumption on or off site. A restaurant may sell alcoholic beverages for consumption on the premises as an incidental use. Retail Sales. Any generally recognized retail business that supplies commodities on the premises to the general public where all sales and display of goods shall occur entirely indoors. Commodities supplied may include groceries and similar food products for consumption off the premises. Retail Sales, Outdoor. The keeping or display in an enclosed area outside of a building or structure of any goods, material, or merchandise in the same place for more than twenty-four hours. Common examples include garden supplies, burial monuments, building and landscape materials and lumber yards. Vehicle or Equipment Sales or Rental. A building and land used principally for the sale of automobiles or other large vehicles or equipment. Vehicle or Mechanical Equipment Service. A building or portion of a building in which repairs are made to motor vehicles. Veterinary Office, Clinic or Hospital. A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and/or recuperation.
Section 11.1103.05 INDUSTRIAL AND EXTRACTION USE DEFINITIONS Manufacturing, Fabrication and Processing. A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. These uses do not produce or use in large quantities as an integral part of the manufacturing process toxic, hazardous, or explosive materials. Because of the nature of its operations and products, little or no
City of Streetsboro
Definitions Title 11
1. 311 Food Manufacturing (except 311223 Other Oilseed Processing, 311225 Fats and Oils Refining and Blending, 311311 Sugercane Mills, 311312 Cane Sugar Refining , 311313 Beet Sugar Manufacturing, 311611 Animal (except poultry) Slaughtering, 311613 Rendering and Meat Byproduct Processing, 311615 Poultry Processing, 311711 Seafood Canning, 311712 Fresh and Frozen Seafood Processing, 311942 Spice and Extract Manufacturing)
Title 1 Purpose & Scope
noise, odor, vibration, glare and/or air/water pollution is produced, and therefore, these uses have minimal impact on surrounding properties. This definition includes all uses or products in the following NAICS groups 5:
Table of Contents
Use Definitions Chapter 11.1103
5. 314 Textile Product Mills 6. 315 Apparel Manufacturing 7. 316 Leather and Allied Product Manufacturing 8. 321 Wood Product Manufacturing (except 321114 Wood Preservation) 9. 322 Paper Manufacturing (except 32211 Pulp Mills, 322121 Paper (except newsprint) Mills, 322122 Newsprint Mills , and 32213 Paperboard Mills)
Title 3 Special Districts
4. 313 Textile Mills
Title 4 Gen. Provisions
3. 312112 Bottled Water Manufacturing
Title 2 Districts & Uses
2. 312111 Soft Drink Manufacturing
12. 332 Fabricated Metal Product Manufacturing (except 332111 Iron and Steel Forging and 332112 Nonferrous Forging) 13. 333 Machinery Manufacturing 14. 334 Computer and Electronic Product Manufacturing
Title 6 Landscaping
11. 326 Plastics and Rubber Products Manufacturing (except 326211 Tire Manufacturing)
Title 5 Parking
10. 323 Printing and Related Support Activities
15. 335 Electrical Equipment, Appliance, and Component Manufacturing
17. 337 Furniture and Related Product Manufacturing
Title 7 Signs
16. 336 Transportation Equipment Manufacturing
This definition includes all uses or products in the following NAICS groups 6: 1. 311 Food Manufacturing uses that are not included in General Manufacturing uses, including: a. 311223 Other Oilseed Processing See: http://www.census.gov/eos/www/naics/index.html for detailed descriptions of all of the NAICS categories referenced in the above definitions.
Title 9 Subdivisions
Manufacturing and Processing (heavy). A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. These uses may produce or use in large quantities as an integral part of the manufacturing process toxic, hazardous, or explosive materials. Noise, odor, dust, vibration, glare, or visual impacts, as well as potential public health problems in the event of an accident, could impact adjacent properties.
Title 10 LID Standards
19. 511 Publishing Industries
Title 8 Administration
18. 339 Miscellaneous Manufacturing
6
See: http://www.census.gov/eos/www/naics/index.html for detailed descriptions of all of the NAICS categories referenced in the above definitions.
Draft Zoning Ordinance: February 15, 2012
Title 11 Definitions
5
287
Title 11 Definitions Chapter 11.1103 Use Definitions Table of Contents
b. 311225 Fats and Oils Refining and Blending c. 311312 Cane Sugar Refining
Title 1 Purpose & Scope
d. 311313 Beet Sugar Manufacturing e. 311611 Animal (except poultry) Slaughtering f. 311613 Rendering and Meat Byproduct Processing
Title 2 Districts & Uses
g. 311615 Poultry Processing h. 311311 Sugarcane Mills
Title 3 Special Districts
i.
311711 Seafood Canning
j.
311712 Fresh and Frozen Seafood Processing
k. 311942 Spice and Extract Manufacturing 2. 312 Beverage and Tobacco Product Manufacturing
Title 4 Gen. Provisions
3. 321114 Wood Preservation 4. 322 Paper Manufacturing uses that are not considered General Manufacturing uses, including: a. 32211 Pulp Mills b. 322121 Paper (except newsprint) Mills
Title 5 Parking
c. 322122 Newsprint Mills d. 32213 Paperboard Mills
Title 6 Landscaping
5. 324 Petroleum and Coal Products Manufacturing 6. 325 Chemical Manufacturing 7. 326211 Tire Manufacturing
Title 7 Signs
8. 327 Nonmetallic Mineral Product Manufacturing 9. 331 Primary Metal Manufacturing 10. 332111 Iron and Steel Forging
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
288
11. 332112 Nonferrous Forging Storage/Impound Yard. A use involving primarily the keeping of personal or business property or motor vehicles outside of a building, or a use where the use is characterized primarily by its outdoor component. Examples of such uses includ-:%6;$%20-%/#$%3+<+$-,%$#%.#/$02.$#0(1%1;773>%>20,1:%3;<6-0%>20,1:%0-.0-2$+#/23%8-5+.3-%1$#029-% yards, commercial vehicle storage, motor vehicle impound yards, and the like. Surface Mining. All or any part of a process followed in the production of minerals from the earth or from the surface of the land by surface excavation methods, such as open pit mining, dredging, placering or quarrying, and includes the removal of overburden for the purpose of determining the location, quantity or quality of mineral deposits and the incidental removal of coal at a rate less than one-sixth the total weight of minerals and coal removed during the year, but does not include test or exploration boring, nor mining operations carried out beneath the surface by means of shafts, tunnels or similar mine openings. Warehousing/Distribution. Establishments primarily engaged in selling durable and nondurable goods to retailers; industrial, commercial, institutional, farm, building trade contractors, or professional business uses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots. Operations with more than 25 percent of sales to retail customers are considered a retail use, and shall be located in an appropriate zone.
City of Streetsboro
Definitions Title 11
Off-Street Public Parking Lot or Garage. A building, or portion of a building, in which more than four motor vehicles are, or are intended to be housed under arrangements made with patrons for renting or leasing such space and accommodations, and in which no repair work is carried on. Outdoor Dining. Areas located outdoors in the open air or under canopies that are open to the elements where food or drinks are served to patrons. Outdoor dining may occur on a public sidewalk, or on a patio, deck, rooftop, or other similar location located on private property.
Title 11 Definitions
Title 10 LID Standards
Title 9 Subdivisions
Title 8 Administration
Title 7 Signs
Title 6 Landscaping
Title 5 Parking
Title 4 Gen. Provisions
Wireless Transmission Tower. Wireless telecommunication support facilities and antennas.
Title 1 Purpose & Scope
Limited Outdoor Sales, Display or Storage (accessory to principal use). Outdoor display or sales of goods that are accessory to a principal use.
Title 2 Districts & Uses
Home Occupation. Any use or profession customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof.
Title 3 Special Districts
Section 11.1103.06Â ACCESSORY, TEMPORARY, AND OTHER USE DEFINITIONS
Table of Contents
Use Definitions Chapter 11.1103
Draft Zoning Ordinance: February 15, 2012
289
Title 11 Definitions Chapter 11.1104 Sign Definitions Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
290
Chapter 11.1104
Sign Definitions
As used in this Zoning Ordinance, certain terms are defined as follows: Abandoned Sign. A sign which no longer correctly advertises or directs a person to a bona fide business, person, goods, product, activity, or service. A sign is considered abandoned if: 1. It does not display a well-maintained message for a consecutive 60 day period; 2. The use to which the sign is accessory is discontinued or terminated for more than 180 consecutive days; 3. B5-%#*/-0%#"%$5-%1+9/%.2//#$%6-%3#.2$-,%2$%$5-%#*/-0(1%321$%4/#*/%2,,0-11%2s reflected on the records of the City; or 4. A structure designed to support a sign no longer supports the sign for a period of 30 consecutive days. Accessory Sign. A sign that is subordinate to the main use on a lot and used for purposes clearly incidental to those of the main use. Awning Sign. See: BUILDING MOUNTED SIGN Banner. A sign that is mounted on or attached to a non-rigid surface such as cloth fabric, plastic or similar material with no enclosing framework that is mounted to a building or other structure at one or more edges. Building Directory Sign. A wall sign that is mounted adjacent to a building entrance identifying tenants that occupy space in the building. Building-Mounted Sign. A sign that is adjacent to or attached to a building wall, door, or related architectural feature. Such signs include, but are not limited to awning, canopy, projecting, and wall signs. 1. Awning Sign. A sign painted on, printed on, attached flat against the surface of, or hanging below an awning. An awning sign includes any lightweight fabric protective cover over a door, entrance, window or other architectural feature. 2. Hanging or Suspended Sign. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. 3. Canopy Sign. A sign attached to a building, projecting from and supported by said building, and extending beyond the building wall. A canopy sign is a structural protective cover over a door, entrance, window or other architectural feature. 4. Projecting Sign. A sign that is attached to a building face and projects out perpendicular from the building wall. Projecting signs are located on a vertical plane. 5. Wall Sign. A sign which is attached to an exterior building wall and the surface of which is parallel to the building wall. Copy Area. The actual area of a sign applied to any background. Copy area shall be completed by drawing straight lines as closely as possible to the copy extremities encompassing individual letters or words. Canopy Sign. See: BUILDING MOUNTED SIGN Changeable Copy Sign. A portion of a permanent sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified manually from time to time as situations change. Cold Air Inflatable Balloon. A temporary sign composed of a nonporous bag of tough, light material filled with unheated air, which may or may not float in the atmosphere. Development Entrance Sign. A ground sign which identifies a residential or commercial subdivision, industrial or office park, or development with 3 or more buildings.
City of Streetsboro
Definitions Title 11
Gas Station Canopy Sign. A sign which is located upon the canopy above the gas station islands and is intended to shield such area from the elements. A gas station canopy is typically supported by columns. Ground Sign. Any sign that is supported by the ground and not attached to a building (also referred to as a freestanding or monument sign). Hanging or Suspended Sign. See: BUILDING MOUNTED SIGN Illegal Sign. A sign for which no valid permit was issued by the City at the time such sign was erected, or a sign that is not in compliance with the current zoning ordinance and does not meet the definition of a nonconforming sign. Illuminated Sign. A sign that provides artificial light direction on or through any transparent or translucent material, from a source of light connected with such sign, or a sign illuminated by a light with a source so obscured and shielded that no direct light rays from it are visible from a public right-of-way or from an abutting property. Legal Nonconforming Sign. Any sign that legally does not comply and conform to the provisions of this ordinance, at the time of the effective date of this ordinance. Marquee Sign. A sign, other than an awning or canopy sign, that is attached to, in any manner, or made a part of any permanent roof-like structure projecting from a wall of a building above an entrance and extending over a street, sidewalk, or part thereof. Marquee signs generally contain changeable copy on the vertical plane or face of the sign. Monument Sign. See: GROUND SIGN
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Freestanding Sign. See GROUND SIGN
Title 4 Gen. Provisions
Flashing Sign. A sign which contains an intermittent of flashing, scintillating, blinking or traveling light source which includes signs that give the illusion of intermittent or flashing light by means of animation, or an externallymounted intermittent light source.
Title 5 Parking
Electronic Message Center Sign. A changeable copy sign that utilizes computer generated messages or some other electronic means of changing copy.
Title 6 Landscaping
Directional Sign. Any sign which solely serves to designate the location or direction of any place or area located on the premises on which the sign is located.
Title 7 Signs
1. Street Island Sign. A small piece of land surrounded by public streets, private streets, and/or common driveways that is located near the entrance to a residential subdivision, a residential complex, a commercial or office park, an institutional complex, an industrial park or the like.
Table of Contents
Sign Definitions Chapter 11.1104
Project Construction Sign. A sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the owner, architects, engineers, contractors and other individuals or firms involved with the construction of the project. Projecting Sign. See: BUILDING MOUNTED SIGN. Real Estate Sign. A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. Roof Sign. A display sign which is erected, constructed, and maintained above any portion of the roof or exterior walls of a building or structure.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions
Political Sign. See: OPINION SIGN.
Title 10 LID Standards
Pole Sign. A sign which is supported by or suspended from a freestanding column or columns.
Title 11 Definitions
Opinion Sign. A temporary sign that announces the candidacy of persons running for public office, addresses issues to be voted upon at an election, or otherwise expresses an opinion or point of view, but does not advertise any products, goods, services or businesses.
Title 8 Administration
Mural. A design or representation painted or drawn on the exterior surface of a structure.
291
Title 11 Definitions Chapter 11.1104 Sign Definitions Table of Contents
Sandwich Board Sign. A temporary ground sign not secured or attached to the surface upon which it is located constructed in such a manner as to form 2/%DGE%#0%2 tent-like shape, hinged or not hinged at the top余 each angular face held at an appropriate distance by a supporting member.
Title 1 Purpose & Scope
Sign. 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 building, person, institution, organization, activity, place, object or product. It may be a structure or part thereof attached directly or indirectly on a structure. Sign Face. The area or display surface used for the message.
Title 2 Districts & Uses
Sign Height. See !"#$%&'())*Q,)*,. on page 134. Sign Plate. A wall sign not exceeding 2 square feet in sign area.
Title 3 Special Districts
Sign Structure. The supports and frame work which supports a sign on or independent of any building. Special Advertising Event Sign. A temporary sign associated with a special event and displayed for a specified and limited period of time. Street Island Sign. See: DEVELOPMENT ENTRANCE SIGN
Title 4 Gen. Provisions
Subdivision Sign. See: DEVELOPMENT ENTRANCE SIGN. Substantially Altered. A change in a sign or sign structure, as differentiated from maintenance or repair including a change in height, location, area, shape, or material. In the case of manual or automatic changeable copy signs, a change in copy does not constitute a substantially altered sign.
Title 5 Parking
Temporary Sign. A sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, a structure or permanently installed in the ground. Wall Sign. See: BUILDING MOUNTED SIGN
Title 6 Landscaping
Window Sign. A sign applied or attached to the exterior or interior of a window or located in such a manner within a building that it is visible from the exterior of the building through a window. Merchandise for sale on the premises that is located in a window display shall not be considered a window sign.
Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
292
City of Streetsboro
Definitions Title 11
Improvements. Grading, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street signs, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed. Lot or Parcel. A division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey maps or by metes and bounds for purposes of sale, lease or separate use. Minor Subdivision. A division of a parcel of land along an existing public street or road, not involving the opening, widening or extension of any street or road, and involving not more than five lots after the original tract has been completely subdivided. Pedestrian Walkways. A dedicated public right of way limited to pedestrian use. Plat. A map of a tract or parcel of land. Preliminary Plan. A drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the plat. Private Survey Plat. A map of one or more parcels of land, prepared by a registered surveyor, for the purpose of providing information necessary or incident to the transfer of such parcels in cases not requiring the platting of such parcels. Public Utility. Any person, firm, corporation, governmental agency or board having a Public Utility Commission permit to furnish under regulations to the public, electricity, gas, steam, telephone, transportation or water, or any other similar public utilities.
Title 1 Purpose & Scope Title 2 Districts & Uses
Environmental Assessment Report. A project review document to ensure major projects or programs undergo multidisciplinary and comprehensive environmental review prior to construction or implementation. The review shall include environmental, social and economic impacts of the project or program proposals as well as consideration of alternative proposals for accomplishing the project goals.
Title 3 Special Districts
Easement. A grant of the use of land for a specific purpose.
Title 4 Gen. Provisions
Dead End Street. See STREET TERMS
Title 5 Parking
As used in this Zoning Ordinance, certain terms are defined as follows:
Title 6 Landscaping
1173 Subdivision Definitions
Title 7 Signs
Chapter 11.1105
Table of Contents
1173 Subdivision Definitions Chapter 11.1105
Staff. Persons so designated by the Commission. Street Terms. A street is a public or private way for pedestrian and vehicular use. Specific street terms as used in this Ordinance are as follows:
Title 11 Definitions
Title 10 LID Standards
1. Dead-End Street. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
Title 9 Subdivisions
Secretary. The Secretary of the Planning Commission.
Title 8 Administration
Regional Land Use Plan. A plan showing the proposed location of uses in the region.
Draft Zoning Ordinance: February 15, 2012
293
Title 11 Definitions Chapter 11.1106 Environmental Definitions Table of Contents
Chapter 11.1106
Environmental Definitions
Title 1 Purpose & Scope
As used in this Zoning Ordinance, certain terms are defined as follows: Approving Authority. The official responsible for administering the applicable program(s). Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one- hundred (100) year flood.
Title 2 Districts & Uses
Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 198S, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
Title 3 Special Districts Title 4 Gen. Provisions
Best Management Practice (BMP). Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures. Bog. A rare type of wetland containing acid tolerant mosses, plants, insects and animals. Bogs filter and use acidic ground, surface and rain water and prevent flooding by absorption. This very sensitive habitat is of high importance to biodiversity and flood control.
Title 5 Parking
Certified Professional in Erosion and Sediment Control (CPESC). A person that has subscribed to the Code of Ethics and has met the requirements established by the CPESC Council of Certified Professional In Erosion and Sediment Control, Inc. to be a Certified Professional in Erosion and Sediment Control. Channel. A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
Title 6 Landscaping
Community. Throughout this regulation the Community shall mean the City of Streetsboro, State of Ohio, and its designated agents and representatives. Concentrated Storm Water Runoff. Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
Title 7 Signs
Conservation. The wise use and management of natural resources. Cut and Fill Slopes. A portion of land surface or area from which soil material is excavated and/or filled.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
294
Damaged or Diseased Trees. Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; leaning as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling. Defined Channel. A natural or man-made depression in the terrain which is maintained and altered by the water and sediment it carries. Denuded Area. A portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed or covered, and which may result in or contribute to erosion and sedimentation. Designated Watercourse. A watercourse that is contained within, flows through, or borders the Community and meets the criteria set forth in these regulations. Detention Basin. A storm water management pond that remains dry between storm events. Storm water management ponds include a properly engineered/designed volume which is dedicated to the temporary storage and slow release of runoff waters.
City of Streetsboro
Definitions Title 11
Earth Material. Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil. Enclosure Below the Lowest Floor. See "Lowest Floor." Erosion. The process by which the land surface is worn away by the action of water, wind, ice or gravity. Erosion and Sediment Control. A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area. Erosion and Sediment Control Practices. Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques. Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative. Existing. In existence at the time of the passage of this ordinance and these regulations. Federal Emergency Management Agency (FEMA). The agency with overall responsibility for administering the National Flood Insurance Program. Fen. A type of rare wetland in the form of a high quality spring flowing freely from the ground or rock formation including the surrounding wetland area it forms by its own drainage. Usually indicating nearby ground water movement, Fens are not acidic, reduce the risk of flooding, and provide valuable habitat for unique plant and animal communities. Fill. A deposit of earth material placed by artificial means.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Earth Disturbing Activity. Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
Title 4 Gen. Provisions
Dumping. The grading, pushing, piling, throwing, unloading or placing of soil or other material.
Title 5 Parking
Ditch. An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
Title 6 Landscaping
Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Title 7 Signs
Development Area. Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth-disturbing activity is to be performed.
Title 8 Administration
Deteriorated Structure. A structure which has sustained substantial damage from any origin whereby the cost of restoring the structure to its original/installed condition would be equal to, or greater than 50% of the market value of the structure before the damage occurred.
Table of Contents
Environmental Definitions Chapter 11.1106
2. The unusual and rapid accumulation or runoff of surface waters from any source. Floodplain. Land adjacent to a stream, river, wetland, channel, or lake that floods. Floodplains are very important for high water-volume storage, for aquifers or absorption areas, and make up part of the riparian zone. Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood
Draft Zoning Ordinance: February 15, 2012
Title 10 LID Standards
1. The overflow of inland or tidal waters, and/or
Title 11 Definitions
Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
Title 9 Subdivisions
Final Plat. A final tracing of all or a phase of a subdivision and its complete survey information.
295
Title 11 Definitions Chapter 11.1106 Environmental Definitions Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
296
discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces. Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas. Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard. Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions: 1. Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined. 2. Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined. 3. Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined. 4. Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined. 5. Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100 year flood by a Federal flood protection system under construction; no base flood elevations are determined. 6. Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood. 7. Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain. Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood. Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus 2 feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator. Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed. Frequency Storm. A rainfall event of a magnitude having a specified average recurrence interval and is calculated with Natural Resources Conservation Service, USDA Type II twenty-four hour curves or depth-duration frequency curves. Grading. Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof. Grubbing. Removing, clearing or scalping material such as roots, stumps or sod. Historic Structure. Any structure that is:
City of Streetsboro
Definitions Title 11
Impervious Cover. Any surface that cannot effectively absorb or infiltrate water. This includes, but is not limited to, roads, streets, parking lots, rooftops, and sidewalks. Intermittent Stream. A natural channel that may have some water in pools but where surface flows are nonexistent or interstitial (flowing through sand and gravel in stream beds) for periods of one week or more during typical summer months. Invasive. Often non-native, exotic or hybrid species of plant, animal, insect or other species. Taking over an entire area or region with harmful and devastating effects to biodiversity, and devastating to the biological balance and natural controls. Invasives are very costly and difficult to eradicate, often occurring where native species have been removed by human activity. Invasive Plants. Introduced, exotic, hybrid or noxious species of plants taking over a region where they do not belong, altering nutrient cycling and water filtration among other things. Invasive plants require costly and continuous eradication, and devastation to biodiversity and natural cycles. Invasives often occur where established native plants and trees have been removed by human activity. See various websites for constantly updated lists of invasive species. Larger Common Plan of Development or Sale. A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Hydrologic and Hydraulic Engineering Analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
Title 4 Gen. Provisions
3. Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
Title 5 Parking
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
Title 6 Landscaping
1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
Table of Contents
Environmental Definitions Chapter 11.1106
Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area. Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies. Local County SWCD. The local county Soil and Water Conservation District. Lowest Floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration Title 9 Subdivisions
Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
Title 10 LID Standards
Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:
Title 11 Definitions
As used in this Zoning Ordinance, certain terms are defined as follows:
Title 7 Signs
Landslide. The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
297
Title 11 Definitions Chapter 11.1106 Environmental Definitions Table of Contents
parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
Title 1 Purpose & Scope Title 2 Districts & Uses
National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss. National Wetlands Inventory Map. Wetland maps that were created by the Fish and Wildlife Service, United States Department of Interior.
Title 3 Special Districts
Native Species. Flora and fauna that have generally adapted and evolved with the competing species, predators, and diseases of an area over many thousands of years. Native species are therefore generally in reasonable ecological balance with their associates and competitors, and have pests, predators, or diseases that limit their abundance.
Title 4 Gen. Provisions
Native Vegetation. Plants, trees, shrubs, etc. living and adapted to the particular environment, biological cycle, and part of the natural ecosystem before European settlement brought in foreign species. Natural Native Succession. A gradual and continuous replacement of one kind of native plant and animal group by more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.
Title 5 Parking
Natural Resources Conservation Service (NRCS). An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
Title 6 Landscaping
New Construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Streetsboro Flood Insurance Rate Map, December 18 1984, and includes any subsequent improvements to such structures. Noxious Weeds. Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of these regulations shall prevail.
Title 7 Signs
NPDES Permit. A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act. Ohio EPA. The Ohio Environmental Protection Agency.
Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
298
Ohio Rapid Assessment Method. A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function. Ohio Wetlands Inventory Map. Wetland maps that were created by the Natural Resources Conservation Service, USDA and the Ohio Department of Natural Resources. Ordinary High Water Mark. The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Outfall. An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure. Perennial Stream. A natural channel that contains water throughout the year, except possibly during periods of extreme drought. Professional Engineer. A person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
City of Streetsboro
Definitions Title 11
Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Revised Code. Retention Basin. A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters. Riparian Area. A transitional area between flowing water and terrestrial ecosystems, which provides a continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. Riparian areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations. Riparian Setback. The area set back from each bank of a stream to protect the riparian area and stream from impacts of development, and streamside residents from impacts of flooding and land loss through erosion, and which fall within the area that the Community prohibits and restricts changes in land use and the building of structures. Sediment. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
Title 1 Purpose & Scope Title 2 Districts & Uses
Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Revised Code.
Title 3 Special Districts
Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Revised Code.
Title 4 Gen. Provisions
Redevelopment. The demolition or removal of existing structures or land uses and construction of new ones.
Title 5 Parking
Qualified Wetland Professional. An individual competent in the areas of botany, hydric soils, and wetland hydrology, and is acceptable to the Engineering Director and/or his or her designees.
Title 6 Landscaping
Qualified Forester. Any forester employed by the Ohio Department of Natural Resources, Division of Forestry, or any person attaining the credential of Certified Forester as conferred by the Society of American Foresters.
Table of Contents
Environmental Definitions Chapter 11.1106
Sediment Settling Pond. A temporary Sediment Pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary Sediment Basins. Sediment Trap. A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap. Sensitive Area. An area or water resource or water recharge and absorption field that requires special management because of its susceptibility to sediment pollution or because of its importance to the well-being of the surrounding communities, region, or the state and includes, but is not limited to, the following:
Draft Zoning Ordinance: February 15, 2012
Title 8 Administration Title 9 Subdivisions
Sediment Pollution. A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
Title 10 LID Standards
Sediment Control. The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
Title 11 Definitions
Sediment Basin. A temporary Sediment Pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary Sediment Basins.
Title 7 Signs
Sediment Barrier. A sediment control device such as a geotextile Silt Fence or a grass Filter Strip, usually capable of controlling only small flow rates. (Straw bale barriers are not acceptable.
299
Title 11 Definitions Chapter 11.1106 Environmental Definitions Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
300
1. Ponds, wetlands or small lakes with less than five acres of surface area; 2. Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms. 3. Drainage areas of a locally designated or an Ohio designated Scenic River. 4. Riparian and wetland areas, including, but not limited to Bogs, Fens, Vernal Pools/wet woods, Floodplains, and well recharge areas. Settling Pond. A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sedimentladen runoff, allowing sediment to settle out. Sheet Flow. Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers. Silviculture. The theory and practice of controlling forest establishment, composition and growth Slip. A landslide as defined under "Landslides." Sloughing. A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man. Soil. Unconsolidated erodible earth material consisting of minerals and/or organics. Soil and Water Conservation District (SWCD). An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Portage SWCD. Soil Conservation Service, USDA. The federal agency now titled the "Natural Resources Conservation Service," which is an agency of the United States Department of Agriculture. Soil Disturbing Activity. Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, soil erosion and sediment pollution. Soil Erosion and Sediment Control Plan. A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area. Soil Erosion and Sediment Control Practices. Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques. Soil Stabilization. Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seed, mulch, sod, pavement, etc. Soil Survey. The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners. Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse. Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of
City of Streetsboro
Definitions Title 11
Stream. A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water (ORC 6105.01) in such a way that terrestrial vegetation cannot establish roots within the channel. Unstable Soil. A portion of land surface or area which is prone to slipping, sloughing or landslides, or is identified by Natural Resources Conservation Service methodology as having low soil strength. Update. Land at a higher elevation, in general, than the alluvial plain or stream terrace: land above the lowlands along streams. Upland. Land at a higher elevation, in general, than the alluvial plain or stream terrace余 land above the lowlands along streams. USEPA. The United States Environmental Protection Agency. Vernal Pools. Small intermittent wetlands generally occurring in woods. Vernal pools collect snowmelt and rain water allowing for slow filtration and evaporation. Most pools dry completely before the next flooding event. Especially critical habitat for amphibians, rare plants and shrimp, regardless if in it's wet or periodic dry stage. Adjacent woodland is also biologically connected to the vernal pools. Wastewater. Any water that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals, paint, paint washing liquids or other paint wastes, sanitary wastes, or any other Ohio EPA regulated contaminants.
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts
Storm Water Runoff. Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
Title 4 Gen. Provisions
Storm Water Pollution Prevention Plan (SWP3). The plan required by Ohio EPA to meet the requirements of its National Pollutant Discharge Elimination System (NPDES) Permit program for construction activities. The plan describes all the elements of the storm water strategy implemented during and after construction, and addresses erosion control and storm water quality.
Title 5 Parking
Storm Water Conveyance. All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff, or for storing storm water runoff.
Title 6 Landscaping
Storm Water Control Structure. Practice used to control accelerated storm water runoff from development areas.
Title 7 Signs
temporary forms余 nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
Table of Contents
Environmental Definitions Chapter 11.1106
Wetlands are delineated by a site survey approved by the community using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply. Wetland, Ohio EPA Category 2 Wetlands. Those wetlands classified by the Ohio EPA as Category 2 wetlands under OAC 3745-1-54 (C) (2), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
Draft Zoning Ordinance: February 15, 2012
Title 9 Subdivisions Title 10 LID Standards
Wetland. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, vernal pools and similar areas (40 Codified Federal Register (CFR) 232, as amended).
Title 11 Definitions
Water Resources. All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
Title 8 Administration
Watercourse. Any natural, perennial, or intermittent channel with a defined bed and banks, stream, river or brook.
301
Title 11 Definitions Chapter 11.1106 Environmental Definitions Table of Contents
Wetland, Ohio EPA Category 3 Wetlands. Those wetlands classified by the Ohio EPA as Category 3 wetlands under OAC 3745-1-54(C)(3), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
Title 1 Purpose & Scope
Wetland Setback. Those lands within the community that fall within the area defined by the criteria set forth in this Ordinance. Winter. For the purposes of this Ordinance, October 1st to April 1st of each year.
Title 2 Districts & Uses
100-Year Floodplain. Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year. For the purposes of this regulation, the 100-year floodplain shall be defined by FEMA or a site-specific Floodplain Delineation in conformance with standard engineering practices and approved by the Community.
Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
302
City of Streetsboro
Definitions Title 11
$ Campground ...................................................................... 282 Canopy ............................................................................... 268 Canopy Sign .................................. See Building Mounted Sign Car Wash ............................................................................ 286 Carport ............................................................................... 268 Cemetery ........................................................................... 282 Central Sewer System ........................................................ 268 Certified Professional in Erosion and Sediment Control (CPESC) .......................................................................... 295 Cessation............................................................................ 274 Changeable Copy Sign ........................................................ 291
Draft Zoning Ordinance: February 15, 2012
& Earth Disturbing Activity ................................................... 296 Earth Material ................................................................... 296 Easement .......................................................................... 294 EIFS .................................................................................... 270 Electronic Message Center Sign ........................................ 292 Enclosure below the Lowest Floor .................................... 296 Environmental Assessment Report ................................... 294 Erosion .............................................................................. 296 Erosion and Sediment Control .......................................... 296 Erosion and Sediment Control Practices ........................... 296 Essential Services and Utilities .......................................... 282 Executive Order 11988 (Floodplain Management) ........... 296 Existing .............................................................................. 296
Title 1 Purpose & Scope Title 5 Parking
Damaged or Diseased Trees .............................................. 295 Day(s) ................................................................................ 270 Dead End Street ........................................... See Street Terms Defined Channel ................................................................ 295 Density .............................................................................. 270 Denuded Area ................................................................... 295 Designated Watercourse ................................................... 295 Detention Basin ................................................................. 296 Deteriorated Structure ...................................................... 296 Development..................................................................... 296 Development Area ............................................................ 296 Development Entrance Sign .............................................. 292 Directional Sign ................................................................. 292 Director of Planning .......................................................... 270 Ditch .................................................................................. 296 Domestic Animal ............................................................... 268 Double Frontage Lot........................................... See Lot Types Drive‐Through Facility ....................................................... 286 Dumping ............................................................................ 296
Title 6 Landscaping
Bakery or Confectionary .................................................... 286 Bank or Financial Institution .............................................. 286 Banner ............................................................................... 291 Bar or Tavern ..................................................................... 286 Base (100‐Year) Flood Elevation (BFE) ............................... 295 Base Flood.......................................................................... 295 Basement .................................................................. See Story Bed and Breakfast .............................................................. 286 Bedroom ............................................................................ 268 Best Management Practice (BMP) ..................................... 295 Board of Appeals ................................................................ 268 Boarding House.................................................................. 281 Bog ..................................................................................... 295 Building .............................................................................. 268 Building Directory Sign ....................................................... 291 Building Height................................................................... 268 Building, Principal .............................................................. 268 Building‐Mounted Sign ...................................................... 291 Business Service Establishment ......................................... 286
Title 7 Signs
#
%
Title 8 Administration
Abandoned Sign ................................................................. 291 Accessory Building or Use .................................................. 268 Accessory Sign ................................................................... 291 Adult Entertainment .......................................................... 283 Agency ............................................................................... 268 Agricultural Use ................................................................. 281 Alley ................................................................................... 268 Animal ................................................................................ 268 Approving Authority .......................................................... 295 Arterial Street or Road .................................. See Street Terms Awning ............................................................................... 268 Awning Sign .................................. See Building Mounted Sign
Title 9 Subdivisions
"
Title 10 LID Standards
100‐Year Floodplain ........................................................... 303
Title 11 Definitions
!
Channel ............................................................................. 295 Child Day Care Center ....................................................... 282 Cold Air Inflatable Balloon................................................. 291 Collector Street ............................................ See Street Terms Collocation ........................................................................ 269 Community ........................................................................ 295 Comprehensive Plan ......................................................... 269 Concentrated Storm Water Runoff ................................... 295 Conditional Letter of Map Revision (CLOMR) ................... 299 Condominium .................................................................... 269 Conservation ..................................................................... 295 Contour ............................................................................. 270 Copy Area .......................................................................... 291 Corner Lot .......................................................... See Lot Types Council .............................................................................. 270 Cul‐de‐sac ..................................................... See Street Terms Cultural, Municipal, or Public Use ..................................... 282 Cut and Fill Slopes ............................................................. 295
Title 2 Districts & Uses
The following index lists all terms defined in this Title and the page number upon which the definition for each term is found.
Title 3 Special Districts
Index of Terms
Title 4 Gen. Provisions
Chapter 11.1107
Table of Contents
Index of Terms Chapter 11.1107
303
Title 11 Definitions Chapter 11.1107 Index of Terms Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions Title 10 LID Standards Title 11 Definitions
304
Existing Street .............................................. See Street Terms
' Family ................................................................................ 270 Farm Animal ...................................................................... 268 Federal Emergency Management Agency (FEMA) ............ 296 Fen .................................................................................... 296 Fence ................................................................................. 270 Fill ...................................................................................... 296 Final Plat ............................................................................ 296 Finding of Fact ................................................................... 270 Finished Grade ........................................................ See Grade First Story .................................................................. See Story Flashing Sign ...................................................................... 292 Flood Hazard Boundary Map (FHBM) ............................... 297 Flood Insurance Rate Map (FIRM) ..................................... 297 Flood Insurance Risk Zones ............................................... 297 Flood Insurance Study (FIS) ............................................... 297 Flood or Flooding .............................................................. 296 Flood Plain ......................................................................... 270 Flood Protection Elevation ................................................ 297 Floodplain ......................................................................... 297 Floodway ........................................................................... 297 Floor Area .......................................................................... 270 Freeboard .......................................................................... 297 Freestanding Sign .......................................... See Ground Sign Frequency Storm ............................................................... 297 Front Lot Line ....................................................... See Lot Line Front Yard ....................................................... See Yard Terms Frontage ............................................................................ 270
( Garage, Private .................................................................. 270 Gas Station ........................................................................ 286 Grade ................................................................................ 270 Grading .............................................................................. 298 Greenhouse/Nursery ........................................................ 281 Gross Acreage ................................................................... 271 Gross Lot Area ........................................... See Lot Area, Gross Ground Sign....................................................................... 292 Grubbing ........................................................................... 298
) Half‐story .................................................................. See Story Hanging or Suspended Sign ........... See Building Mounted Sign Historic Structure .............................................................. 298 Home Occupation ............................................................. 290 Hospital or Medical Clinic .................................................. 282 Hotel or Motel ................................................................... 286 Human Care Institution ..................................................... 283 Hydrologic and Hydraulic Engineering Analysis ................ 298
* Illegal Sign ......................................................................... 292 Illegal Structure ................................................................. 274 Illegal Use Of Land ............................................................. 274 Illuminated Sign ................................................................ 292 Impervious Cover .............................................................. 298
Impounded Motor Vehicle ................................................ 271 Improvements ................................................................... 294 Institution for Higher Education ........................................ 283 Interior Lot......................................................... See Lot Types Intermittent Stream .......................................................... 298 Interstate ...................................................... See Street Terms Invasive .............................................................................. 298 Invasive Plants ................................................................... 298
+ Jurisdictional Wetlands ..................................................... 271
, Kennel................................................................................ 281
- Landslide ........................................................................... 298 Larger Common Plan of Development or Sale................... 298 Lattice Tower ..................................................................... 271 Legal Nonconforming Sign ................................................. 292 Letter of Map Amendment (LOMA) .................................. 298 Letter of Map Change (LOMC) ........................................... 298 Letter of Map Revision (LOMR) ......................................... 298 Limited Outdoor Sales, Display or Storage (accessory to principal use) ................................................................. 290 Loading Space .................................................................... 271 Local County SWCD ........................................................... 299 Local Street ................................................... See Street Terms Lot...................................................................................... 271 Lot Area ............................................................................. 271 Lot Area, Net ..................................................................... 271 Lot Coverage ...................................................................... 271 Lot Depth ........................................................................... 271 Lot Line .............................................................................. 271 Lot of Record ..................................................................... 273 Lot or Parcel ...................................................................... 294 Lot Types ........................................................................... 272 Lot.Width ........................................................................... 273 Lowest Floor ...................................................................... 299
/ Major Street ................................................. See Street Terms Manufactured Home ......................................................... 281 Manufactured Home Park ................................................. 281 Manufacturing and Processing (heavy) ............................. 289 Manufacturing, Fabrication and Processing ...................... 288 Marquee Sign .......................................................................... Medical Clinic ........................... See Hospital or Medical Clinic Mezzanine ................................................................ See Story Minerals............................................................................. 273 Minimum Setback Line ...................................................... 273 Minor Street ................................................. See Street Terms Minor Subdivision .............................................................. 294 Mixed Use District ............................................................. 273 Mobile Home ..................................................................... 282 Modular Home .................................................................. 282 Monopole .......................................................................... 273 Monument Sign ............................................. See Ground Sign
City of Streetsboro
Definitions Title 11
2 Parking Space ..................................................................... 274 Pedestrian Walkways ......................................................... 294 Perennial Stream ............................................................... 300 Person ................................................................................ 274 Personal Service Establishment ......................................... 287 Pet Boarding Facility .......................................................... 287 Pistol and Rifle Range ........................................................ 287 Place of Assembly .............................................................. 287 Place of Worship ................................................................ 283 Planning Commission ......................................................... 274 Plat ..................................................................................... 294 Pole Sign ............................................................................ 292 Political Sign .................................................. See Opinion Sign Preliminary Plan ................................................................. 294 Premises ............................................................................ 274
Draft Zoning Ordinance: February 15, 2012
5 Sandwich Board Sign ......................................................... 293 Secretary ........................................................................... 294 Sediment ........................................................................... 300 Sediment Barrier ............................................................... 300 Sediment Basin.................................................................. 300 Sediment Control .............................................................. 301 Sediment Pollution ............................................................ 301 Sediment Settling Pond ..................................................... 301 Sediment Trap ................................................................... 301 Sensitive Area .................................................................... 301 Setback, Required ............................................................. 275
Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking
Real Estate Sign ................................................................. 293 Rear Lot Line ........................................................ See Lot Line Rear Yard ......................................................... See Yard Terms Recreation, Private Indoor ................................................ 287 Recreation, Private Outdoor ............................................. 287 Recreation, Public ............................................................. 283 Recreational Vehicle ......................................................... 275 Redevelopment ................................................................. 300 Regional Land Use Plan ..................................................... 294 Registered Professional Architect ..................................... 300 Registered Professional Engineer ...................................... 300 Registered Professional Surveyor ..................................... 300 Required Yard.................................................. See Yard Terms Residential District ............................................................ 275 Restaurant ......................................................................... 287 Retail Sales ........................................................................ 287 Retail Sales, Outdoor ......................................................... 287 Retention Basin ................................................................. 300 Right‐of‐Way Line .............................................................. 275 Riparian Area ..................................................................... 300 Riparian Setback ................................................................ 300 Roadside Stand.................................................................. 281 Roof Sign ........................................................................... 293 Rotor ................................................................................. 275 Rotor Radius ...................................................................... 275
Title 6 Landscaping
4
Title 7 Signs
Occupied ............................................................................ 274 Office ................................................................................. 287 Off‐Street Public Parking Lot or Garage ............................. 290 Ohio EPA ............................................................................ 299 Ohio Rapid Assessment Method ........................................ 299 Ohio Wetlands Inventory Map........................................... 299 Open Space ........................................................................ 274 Opinion Sign ....................................................................... 292 Ordinary High Water Mark ................................................ 300 Outdoor Dining .................................................................. 290 Outfall ................................................................................ 300 Owner ................................................................................ 274
Qualified Forester ............................................................. 300 Qualified Wetland Professional......................................... 300
Title 8 Administration
1
3
Title 9 Subdivisions
National Flood Insurance Program (NFIP) .......................... 299 National Wetlands Inventory Map ..................................... 299 Native Species .................................................................... 299 Native Vegetation .............................................................. 299 Natural Area....................................................................... 273 Natural Grade ..........................................................See Grade Natural Native Succession ................................................. 299 Natural Resources Conservation Service (NRCS) ............... 299 Net Developable Area ........................................................ 273 Net Developable Density ................................................... 273 Net Lot Area ................................................. See Lot Area, Net New Construction .............................................................. 299 New Street .................................................... See Street Terms Nonconforming Lot of Record ........................................... 274 Nonconforming Site ........................................................... 274 Nonconforming Structure .................................................. 274 Nonconforming Use Of Land.............................................. 274 Nonconformities ................................................................ 273 Nonrequired Yard ........................................... See Yard Terms Nonresidential District ....................................................... 274 Noxious Weeds .................................................................. 299 NPDES Permit..................................................................... 299 Nuisance ............................................................................ 274
Title 10 LID Standards
0
Primary School .................................................................. 283 Principal Building .................................. See Building, Principal Private Club, Fraternal Organization, or Community Group ...................................................................................... 283 Private Survey Plat ............................................................ 294 Private Stable .......................................................... See Stable Private Street ............................................... See Street Terms Professional Engineer ........................................................ 300 Project Construction Sign .................................................. 292 Projecting Sign .............................. See Building Mounted Sign Public or Self‐Storage ........................................................ 287 Public Stable ............................................................ See Stable Public Street ................................................. See Street Terms Public Utility ...................................................................... 275 Public Utility ...................................................................... 294
Title 11 Definitions
Motel ......................................................... See Hotel or Motel Multiple Family Dwelling ................................................... 282 Mural ................................................................................. 292
Table of Contents
Index of Terms Chapter 11.1107
305
Title 11 Definitions Chapter 11.1107 Index of Terms Table of Contents Title 1 Purpose & Scope Title 2 Districts & Uses Title 3 Special Districts Title 4 Gen. Provisions Title 5 Parking Title 6 Landscaping Title 7 Signs Title 8 Administration Title 9 Subdivisions
Settling Pond ..................................................................... 301 Sheet Flow ......................................................................... 301 Side Lot Line ......................................................... See Lot Line Side Street Lot Line .............................................. See Lot Line Side Street Yard ............................................... See Yard Terms Side Yard ......................................................... See Yard Terms Sign .................................................................................... 293 Sign Face ........................................................................... 293 Sign Height ........................................................................ 293 Sign Plate ........................................................................... 293 Sign Structure .................................................................... 293 Silviculture ......................................................................... 301 Single Family Dwelling, Attached ...................................... 282 Single Family Dwelling, Detached ..................................... 282 Slip ..................................................................................... 301 Sloughing ........................................................................... 301 Soil ..................................................................................... 301 Soil and Water Conservation District (SWCD) ................... 301 Soil Conservation Service, USDA ....................................... 301 Soil Disturbing Activity ...................................................... 301 Soil Erosion and Sediment Control Plan ............................ 301 Soil Erosion and Sediment Control Practices .................... 302 Soil Stabilization ................................................................ 302 Soil Survey ......................................................................... 302 Special Advertising Event Sign........................................... 293 Special Flood Hazard Area ................................................. 302 Stable ................................................................................ 281 Staff ................................................................................... 294 Start of Construction ......................................................... 302 Storage/Impound Yard ...................................................... 290 Storm Water Control Structure ......................................... 302 Storm Water Conveyance ................................................. 302 Storm Water Pollution Prevention Plan (SWP3) ............... 302 Storm Water Runoff .......................................................... 302 Story .................................................................................. 276 Story, Half.......................................................................... 276 Stream ............................................................................... 302 Street Island Sign ................... See Development Entrance Sign Street Terms ............................................................... 277, 294 Structural Alteration ......................................................... 278 Structure ........................................................................... 278 Subdivider ......................................................................... 278 Subdivision ........................................................................ 278 Subdivision Sign .................... See Development Entrance Sign Substantial Damage .......................................................... 278 Substantial Improvement .................................................. 278 Substantially Altered ......................................................... 293 Surface Mining .................................................................. 290 Swimming Pool, Family ..................................................... 278
6
Title 10 LID Standards
Technical School ................................................................ 283 Temporary Sign ................................................................. 293 Transparent ....................................................................... 278 Turbine Height .................................................................. 278
Two Family Dwelling .......................................................... 282 Type‐A Family Day‐Care Home .......................................... 283 Type‐B Family Day‐Care Home .......................................... 283
7 Unstable Soil ...................................................................... 302 Update ............................................................................... 302 Upland ............................................................................... 302 Use..................................................................................... 278 Useable Open Space .......................................................... 278 USEPA ................................................................................ 302
8 Variance ............................................................................. 279 Vehicle or Equipment Sales or Rental ............................... 287 Vehicle or Mechanical Equipment Service ........................ 288 Vernal Pools ....................................................................... 302 Veterinary Office, Clinic, or Hospital ................................. 288
9 Wall Sign ....................................... See Building Mounted Sign Warehousing/Distribution ................................................. 290 Wastewater ....................................................................... 303 Water Resources ............................................................... 303 Watercourse ...................................................................... 303 Wetland ............................................................................. 303 Wetland Setback ............................................................... 303 Wetland, Ohio EPA Category 2 Wetlands .......................... 303 Wetland, Ohio EPA Category 3 Wetlands .......................... 303 Wildlife Refuge or Game Preserve .................................... 283 Wind Energy Conversion System ! Private Use ................. 279 Wind Turbine ..................................................................... 279 Wind Turbine Hub ............................................................. 279 Window Sign ...................................................................... 293 Winter ............................................................................... 303 Wireless Telecommunication Antenna .............................. 279 Wireless Telecommunications Equipment Building .......... 279 Wireless Telecommunications Facility............................... 279 Wireless Telecommunications Tower ................................ 279 Wireless Transmission Tower ............................................ 290
: Yard ................................................................................... 279 Yard Terms ........................................................................ 279
; Zero Lot Line ...................................................................... 280 Zoning Amendment ........................................................... 280 Zoning Map........................................................................ 280
Title 11 Definitions
306
City of Streetsboro