Article 28

ARTICLE 28

SUPPLEMENTARY DISTRICT REGULATIONS

 

  1. General

The purpose of supplementary district regulations is to set specific conditions for various uses, classifications of uses or areas wherein problems may occur, in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.

28.1                Conversions of Dwellings to More Than One Unit  

A residence may not be converted to accommodate an increased number of dwelling units unless all of the following conditions are met:

  1. The conversion is in compliance with all other local codes and resolutions and any applicable State or Federal regulations;
  2. The district within which the residence is located is so regulated as to allow such an increase in dwelling units;
  3. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
  4. The lot area per family equals the lot area requirements for new structures in that district;
  5. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district;
  6. The conversion is in compliance with all other relevant codes and resolutions.

 

    1. Principal Building Per Lot 

No more than one principal building or structure may be constructed upon any one lot for the purposes of this Resolution.  Rear dwellings shall be prohibited and shall be considered non-conforming uses subject to the requirements of Article 6 of this Resolution.

    1. Reduction of Area or Space 

 

No lot, yard, parking area or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area or other space less than the minimum required by this Resolution.  Furthermore, any lot, yard, parking area or other space which is already less than the required minimum shall not be reduced further.  However, nothing in this section shall be interpreted to limit the power of the Board of Zoning Appeals in the granting of variances under this Resolution.

 

28.4                Construction in Easements  

Easements for installation, operation and maintenance of utilities and drainage facilities are reserved as shown on each plat when recorded or otherwise established.  Within these easements, no permanent building or structure shall be placed or permitted which may damage or which may interfere with the installation, operation  and maintenance of such utilities or which may change the normal direction of flow of drainage channels within the easement.  The easement area of each lot and any improvements within it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or a utility is responsible.

28.5                Parking and Storage of Vehicles and Trailers   

No commercial vehicles, to include commercial tractors, automobiles, trucks, buses, house trailers, semi-trailers, shall be parked or stored on any property within a residential zoning district other than in a completely enclosed building, except those commercial vehicles conveying the necessary tools, materials and equipment to a premises where labor using such tools, materials and equipment is to be performed during the actual time of parking.  No automotive vehicles or trailers of any type without current license plates shall be parked or stored on any residential property other than in a completely enclosed building.  A maximum of one boat or one unoccupied recreational vehicle may be stored in the rear yard of any residentially zoned property if it has a current license, meets the requirements of this Resolution for accessory structures and is screened according to the requirements of this Resolution.

    1. Required Refuse Collection Areas    

 

The refuse collection areas provided by all commercial, industrial and multi-family residential uses for the collection of trash, garbage and other refuse shall be enclosed on three (3) sides by a solid wall or fence of at least four (4) feet in height, unless within an enclosed building or structure.  Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the Zoning Inspector.  In addition, the following requirements shall be met:

  1. The storage of hazardous or toxic materials or wastes shall not be permitted without documented approval of the Ohio Environmental Protection Agency.
  2. Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard or which may attract rodents or insects, shall be stored only in closed containers constructed of impervious materials.

 

  1. Storage areas in residential districts shall utilize such additional screening as required in this Resolution.

28.7                Junk    

The accumulation or storage of junk, junk vehicles, disabled or inoperative machinery or equipment, vehicles or machinery parts, rags or any other discarded objects or debris defined as junk in the Ohio Revised Code shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects and rodents.

28.8                Supplemental Yard and Height Regulations   

In addition to the regulations specified in other sections of this Resolution, Sections 28.9 to 28.14 inclusive shall be used for clarification and interpretation.

28.9                Setback Requirements for Buildings on Corner Lots   

The minimum required width of a side yard abutting a street shall be one-half (1.2) the minimum required front yard depth for the district.  Parking within this side yard is prohibited.

    1. Fence and Wall Restrictions in Front Yards      

 

In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and one-half (2 ½) feet and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the height of two and one-half (2 ½) feet and ten (10) feet.

28.11              Yard Requirements for Multi-Family Dwellings    

Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side and rear yard requirements.  The entire group as a unit shall require one front, one rear and two side yards as specified for dwellings in the appropriate requirements for the appropriate district as though it were on an individual lot.

28.12              Exceptions to Height Regulations   

The height limitations contained in the District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structure will constitute a hazard to the safe landing and take off of an aircraft at an established airport.

28.13              Architectural Projections   

Open structures such as porches, canopies, balconies, platforms, carports, covered patios and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard.

28.14              Visibility at Intersections   

On a corner lot at the intersection of two streets in any district, nothing shall be installed, erected, placed, planted or allowed to grow in such manner as to impede vision materially between a height of two and one-half (2 ½) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lot and a line joining along said street lines fifty (50) feet from the point of intersection.  On a corner lot at the intersection of two alleys or at the intersection of an alley and a street, within any district, nothing shall be installed, erected, placed, planted or allowed to grow in such manner as to impede vision materially between a height of two and one-half (2 ½) feet and ten (10) feet above the centerline grades of the intersecting alleys or of the intersecting alley and street in the area bounded by the right-of-way lines of such corner lot and a line joining points along said alley lines or alley and street lines, twenty five (25) feet form the point of intersection.

28.15              Objectionable, Noxious or Dangerous Uses, Practices or Conditions     

                        No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Resolution and any additional conditions and requirements prescribed, is or may become hazardous, noxious or offensive due to emission of odor, smoke, fumes, cinders, dust, noise, gas, vibration, electrical interference, refuse matter, water carried wastes or which will interfere with adjacent landowners (sic) enjoyment of the use of their lands, except that any use permitted by this Resolution may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this section, are properly exercised.  Specifically, the occupation or use of any land or building in any district shall be in violation of this Resolution if one or more of the following conditions is found to exist at any time:

  1. The use or storage of flammable or explosive materials is not adequately protected by fire fighting and fire protection equipment or by such safety devices as are normally required for such activities;

 

  1.  Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved;
  2. Radioactivity or air pollution is present in violation of the regulations or the Ohio Environmental Protection Agency.
  3. Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency;
  4. Objectionable noise as determined by the Zoning Inspector due to volume, frequency or beat is present;
  5. Vibration discernible by the Zoning Inspector without instruments is present on an adjoining lot or property;
  6. Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district;
  7. Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property;
  8. Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.

28.16              Enforcement Provisions     

Any occupancy, use, conditions, or circumstances existing in violation of Section 28.17 of this Resolution shall constitute a violation of this Resolution and be subject to the enforcement procedures contained in Article 5.

28.17              Temporary Uses   

The following regulations are necessary to govern certain uses which are of a non-permanent nature.  For such uses requiring temporary zoning permits, at least seven (7) days before the instigation of such use an application for a zoning permit shall be made to the Zoning Inspector, which shall contain a graphic description of the proposed use and a site plan, with sufficient information to determine the yard, setback, parking and sanitary facility requirements for the proposed temporary use.

The following uses are deemed temporary uses and shall be subject to the specified regulations and time limits which follow as well as the regulations of any district in which they are located:

  1. Real estate offices, excluding mobile homes for such use, which shall contain no living accommodations, shall be permitted within any district for any new subdivision for a period of one (1) year, except conditions warrant.  Such offices shall be removed upon the completion of the sales of the lots therein or upon the expiration of the zoning permit, whichever occurs first.
  2. Temporary buildings, offices and equipment and storage facilities required in conjunction with construction activity may be permitted within any district for a period of one (1) year, except that six (6) month extensions may be granted if construction is substantially under way.  Such uses shall be removed immediately upon completion of the construction or upon expiration of the zoning permit, whichever occurs first.
  3. Temporary sales and services may be permitted within parking areas within any commercial district.  A zoning permit valid for a period not to exceed four (4) consecutive days shall only be issued three (3) times within any twelve (12) month period to any individual or organization.  The application for the temporary zoning permit shall be accompanied by written permission of the property owners and shall be prominently displayed at the site.  The Zoning Inspector shall not issue a permit for such temporary use if he determines that is encroaches upon more than twenty five (25%) percent of the required parking area and minimum of twenty five (25) spaces for car washes.
  4. To allow for temporary housing as in a mobile home, on the dwelling building lot, for the purpose of reconstructing a home due to damage from fire or other disasters.   A zoning permit valid for a period of one year shall be permitted within any zoning district.  The landowner must present a written letter from the Erie County Health Department, verifying the hook up to the existing septic/sewer system from the temporary housing is acceptable.  Such uses shall be removed immediately upon completion of the construction or upon expiration of the zoning permit.

 

28.18              Screening/Buffering    

A landscaped area may be required to screen and protect neighboring properties and passing motorists from the view of facilities, buildings and parking areas of the site development, as warranted.  Landscaped areas are subject to the following:

  1. Screening shall be provided for one or more of the following purposes:

 

  1. A visual barrier to partially or completely obstruct the view of structures or activities.
  2. An acoustic screen to aid in absorbing or deflecting noise.
  3. A physical barrier to contain debris and litter.
  1. Screening may consist of one of the following or a combination of two or more, as determined by the Zoning Inspector or Board of Zoning Appeals, in the event of an appeal, variance or conditional use:

 

  1. A solid masonry wall;
  2. A solidly constructed decorative fence;
  3. A louvered fence;
  4. A dense vegetative planting;
  5. A landscaped mounding.
  1. Height of screening shall be in accordance with the following:

 

a.         Visual screening walls, fences, plantings or mounds shall be a minimum of five and one-half (5 ½) feet high in order to accomplish the desired screening effect, except in required front yards where maximum height shall be not greater than two and one-half (2 ½) feet.  Plantings shall be a minimum of four (4) feet in height at the time of planting.

  1. A dense vegetative planting with a minimum height of four (4) feet at planting and a mature height of at least five and one-half (5 ½) feet or greater or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.
  1. Screening for purposes of absorbing or deflecting noise shall have a depth of at least twenty five (25) feet of dense planting or a solid masonry wall in combination with decorative plantings.  The height shall be adequate to absorb noise as determined by the applicant in relation to the nature of the use.  Additional screening shall be required if the initial screening is found to be inadequate.

 

  1. Whenever required, screening is adjacent to parking area or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.
  1. All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

 

28.19              Site Plan Review  (Adopted 7/15/09) 

  1. Purpose

 

It is the intent of this section to protect the health, safety, convenience and general welfare of the inhabitants of the Township.  The Site Plan Review regulates the development of structures and sites in a manner which considers the following concerns and where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances.  The principal areas of concern are:

  1. The balancing of landowners’ rights to use their land with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g. noise, smoke, fumes, dust, odor, glare, storm water runoff etc.);
  2. The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;
  3. The adequacy of waste disposal methods and protection from pollution of surface or groundwater;  and
  4. The protection of historic and natural environmental features on the site under review and in adjacent areas.

 

  1. Projects Requiring Site Plan Review

No permit for the construction, exterior alteration, occupancy or change in use of any building shall be given and no existing use shall be established or expanded in floor area except in conformity with a site plan approved by the Zoning Commission.  Site Plan Review shall also be required for the resumption of any use discontinued for more than two (2) years or for the expansion of any existing use.  Required approval include proposals for commercial, industrial, office, multiple dwelling residential developments, municipal, institutional, utility, fraternal or recreational purposes.

  1. Exemptions From Site Plan Review

 

Site Plan Review shall not be required for:

  1. The construction or enlargement of any single family or two family dwelling or building accessory to such dwelling;
  2. The construction or alteration of any building used exclusively for agriculture, horticulture or floriculture;
  3. Construction or alteration providing for not more than two hundred (200) square feet total floor area after construction;
  4. Customary home occupations, as defined by the zoning by laws.

 

  1. Procedure
  1. An application on Site Plan Review under this section shall be filed with the Zoning Commission ten (10) days prior to a scheduled meeting, seven (7) copies each of the site plan documents.  A copy of the site plan shall be submitted to the Clerk to be kept on file.

 

  1. The Zoning Commission shall deliver its decision in writing to the Zoning Inspector within thirty (30) days after determining that the application is complete, to allow the issuance of a zoning permit.
  2. Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this Resolution;
  3. Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this Resolution;  or
  4. Approval of the site plan subject to any conditions, modifications and restrictions as required by the Zoning Commission which will ensure that the project meets the Standards for Review.
  1. Submission Requirements

 

The site plan shall include the following data, details and supporting plans.  The number of pages submitted will depend on the proposal’s size and complexity.  All of the requirements must be met in each plan with notations explaining the reasons for any omissions.
The Zoning Commission may, based on the size and complexity of the development, require site plans prepared by a registered professional engineer, architect or landscape architect at a scale of one (1) inch equals twenty (20) feet, on standard 24” x 36” sheets, with continuation on 8 ½” x 11” sheets as necessary for written information.

Items Required for Submission Include:

  1. Survey plan of the development area.
  2. Name of the project, boundaries and location map showing site’s location, north arrow and scale of the plan.
  3. Name and address of the owner of record, developer and seal of the engineer, architect or landscape architect.
  4. Names and addresses of all owners of record of abutting parcels and those within three hundred (300) feet of the property line.
  5. All existing lot lines, easements and rights-of-way.  Include area in acres or square feet, abutting land uses and the location and use of structures within three hundred (300) feet of the site.
  6. The location and use of all existing and proposed buildings and structures within the development.  Include all dimensions of height and floor area.
  7. The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls and fences.  Location, type and screening details for all waste disposal containers shall also be shown.
  8. The location, height, intensity and bulk type (e.g. fluorescent, sodium incandescent) of all external lighting fixtures.  The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
  9. The location, height, size, materials and design of all proposed signage.
  10. The location of all present and proposed utility systems including:

 

  1. Sewage or septic system;
  2. Water supply system;
  3. Telephone, cable and electrical systems;  and
  4. Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes and drainage swales.

The Zoning Commission may also request the submission to the County Engineer storm run off calculations for large or environmentally sensitive developments.

  1. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive run off, excessive raising or lowering of the water table and flooding of other properties, as applicable
  2. A landscape plan showing all existing natural land features, trees, forest cover and water sources and all proposed changes to these features including size and type of plant material.  Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.
  3. Zoning district boundaries of adjacent properties shall be drawn and identified on the plan.
  4. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site.

The Zoning Commission may require a detailed traffic study for large developments or for those in heavy traffic areas to include:

  1. The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
  2. The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
  3. The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities.  Existing and proposed daily and peak hour traffic levels, as well as, road capacity levels shall also be given.

 

  1. For new construction or alterations to any existing building, a table containing the following information must be included:
  1. Area of building to be used for a particular use such as retail operation, office, storage etc.;
  2. Maximum number of employees;
  3. Maximum seating capacity, where applicable;  and
  4. Number of parking spaces existing and required for the intended use.

 

  1. Elevation plans when required by the Zoning Commission:
  1. Standards for Review

 

The Zoning Commission shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below.  Detailed design guidelines and performance standards shall be adopted by the Zoning Commission to guide decisions with respect to these objectives and to help ensure consistency in the review of all applications.

  1. Legal

 

Conformance with the provisions of the regulations of the Township and all applicable rules and regulations of state and federal agencies.

  1. Traffic

 

Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.

  1. Parking

 

Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting and internal traffic control.

  1. Pollution Control

 

Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface waters and groundwater.  This includes minimizing soil erosion both during and after construction.

  1. Nuisances

 

Protection of abutting properties and Township amenities from any undue disturbances caused by excessive or unreasonable noise, smoke, vapors, dust, odors, glare, storm water runoff, hazardous materials etc.

  1. Existing Vegetation

 

Minimizing the area over which existing vegetation is to be removed.  Where tree removal is required, special attention shall be given to planting of replacement trees.

  1. Amenities

 

The applicant’s efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside plantings and the retention of open space and agricultural land.

    1. Setback on Cul-de-sacs

 

Each lot or parcel on a cul-de-sac, curved street or dead end street shall meet the minimum lot width requirement of the required front setback of the zone.

CUL-DE-SAC

 

 

 

 

 

MINIMUM FRONT
     SETBACK

 

 

28.21              Access  

No person shall erect any building or structure on a loot or use any lot in any zone unless such lot has frontage on a duly dedicated public street.  Nothing in this Section shall prevent the use of an existing dwelling on a lot having access to a public road via a private road subject to the provisions of the existing district in which the lot is located.

28.22              Setback Requirements on Non-Conforming Residential Lots Established Prior to the Adoption of this Resolution

For non-conforming residential lots recorded prior to the approval of this zoning resolution, the following side yard setbacks shall apply:

  1. For lots greater than one hundred (100) feet, up to and including one hundred fifty (150) feet frontage, the required setback shall be twenty five (25) feet.
  2. For lots with frontage of up to and including one hundred (100) feet, the required setback shall be twenty (20) feet.

 

28.23              Septic Mounds

Septic mounds are considered to be structures and, as such, their location on a lot in the Agricultural/Residential district is regulated by Township Zoning.  The septic mound shall not be located in the required front yard.  The toe of the septic mound, on its lot line facing side, shall have a minimum setback of ten feet (10’) from the side yard lot line and/or ten feet (10’) from the rear yard lot line.  Requirements of this resolution may be appealed if the Board of Health requirements can be met only through application of a reduced setback distance and/or relocation.