ORDINANCE NO. 2006-10

ZONING ORDINANCE

An ordinance, establishing comprehensive zoning regulations for the Village of Smithville, Ohio, and providing for the administration, enforcement and amendment thereof; all for the purpose of promoting public health, safety, morals, comfort and general welfare; through the regulation of the use of land and the location, size and use of buildings and other structures.

Ohio enabling legislation for planning and zoning is provided in Chapter 713 of the Ohio Revised Code. Subsequent changes in state statutes shall rule throughout this Ordinance.

BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SMITHVILLE:

ARTICLE I - ENACTMENT CLAUSE

SECTION 1. That for the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property, facilitating the provision of water, sewerage, schools and other public requirements, and lessening or avoiding congestion on public streets and highways, it is hereby provided as follows:

ARTICLE II - TITLE

SECTION 1. This ordinance shall be known and cited as the Zoning Ordinance of 1976.

ARTICLE III - DISTRICTS AND GENERAL PROVISIONS

SECTION 100. Districts: The incorporated area of Smithville, Ohio, is hereby divided into districts, of which there shall be eight (8) in numbers known as:

“A-1” AGRICULTURAL DISTRICT

“F-1” CONSERVATION AND FLOOD DISTRICT

“R-1” SUBURBAN RESIDENCE DISTRICT

“R-2” RESIDENCE DISTRICT

“R-3” MULTIPLE RESIDENCE DISTRICT

“C-1” CENTRAL COMMERCIAL DISTRICT

“C-2” HIGHWAY COMMERCIAL DISTRICT

“M-1” INDUSTRIAL DISTRICT

1

SECTION 101. District Map: The boundaries of the districts are shown upon the map which is made a part of this Ordinance, which map is designated as the “District Map”. The district map and all the notations, references and other information shown thereon are a part of this Ordinance and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all full set forth or described therein, the original of which district map is properly attested and is on file with the Village Clerk.

No changes of any nature shall be made in the Official District Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance.

The Official District map, which shall be located in the office of the Village Clerk shall be the final authority as to the current zoning status of land and water areas, buildings and other structures.

SECTION 102. District Boundaries:

1. The district boundary lines on said map are intended to follow either

lot lines or centerlines of streets or alleys, and where the districts designated on the map are bounded approximately by such lot lines, centerlines or streets or alleys, the lot line or centerlines of streets or alleys shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions.

2. Whenever any street, alley or other public way is vacated by official

action of the council of Smithville, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

SECTION 103. Compliance with Regulations. The regulations set forth by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided:

1. No building, structure or land shall hereafter be used or occupied, and

no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

2. No building or other structure shall hereafter be erected or altered:

(a) to exceed the height;(b) to accommodate or house a greater number of families;(c) to occupy a greater percentage of lot area;(d) to have narrower or smaller rear yards, front yards, side yards,

or other open spaces

than herein required or in any other manner contrary to the provisions of this Ordinance.

2

3. No part of a yard or other open space or off-street parking or loading

space required about or in connections with any building for the purpose of complying with this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

4. No yard or lot existing at the time of passage of this Ordinance shall

be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.

SECTION 104. Non - Conforming Uses:

1. Any lawful use of any dwelling, building, structure or land existing at

the effective date of this Ordinance may be continued, even though such use does not conform to the provisions hereof. The non-conforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of the Ordinance. No non-conforming building or structure shall be moved, extended, enlarged or altered except when authorized by the Board of Appeals in accordance with the provisions of Article X.

2. Whenever the use of a building or land shall become non-conforming

through a change in the Zoning Ordinance or in the district boundaries, such use may be continued, and may be changed to another non-conforming use of the same or of a more restricted classification.

3. A non-conforming use which is discontinued for a continuous period

of two (2) years shall not again be used except in conformity with the regulations of the district in which such building or land is located.

4. A non-conforming building which has been damaged by fire,explosion, act of God or the public enemy to the extent of more than sixty (60) percent of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty (60) percent of its reproduction value, a non-conforming building may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one (1) year of the date of such damage.

5. Non-conforming trailers or mobile homes located on a lot in any district other than “R-3” District, once removed shall not be relocated on such lot unless the unit was “traded-in” for another unit. In this instance, the replacement shall be on site within one (1) week of the removal of the previous unit.

SECTION 105. Traffic Visibility Across Corner Lots: In any district on any corner lot no fence, structure or planting shall be erected or maintained within thirty (30) feet of the “corner” at a height between two and one-half (2 ½) and ten (10) feet above curb or street grade or so as to interfere with traffic visibility across the corner.

3

ARTICLE IV - USE REGULATIONS

The permitted and conditional uses for each district are shown on the accompanying table, which is Article IV. The interpretation of uses given in categorical terms shall be defined in Article XIII. Use not specifically listed or interpreted by the Board of Zoning Appeals to be included categorically under this Article (XIII) and Article IV shall not be permitted except by amendment to the Ordinance.

ARTICLE V - HEIGHT, LOT AREA AND FLOOR AREA REQUIREMENTS

The height, lot area and floor area requirements for the location and erection of buildings on any lot or tract of land are established and shown on the accompanying table which is Article V.

ARTICLE VI - OFF-STREET PARKING AND LOADING REQUIREMENTS

SECTION 200. Off-Street Loading Requirements:

1. In any district, in connection with every building or part thereofhereafter erected and having a gross floor area of three thousand (3,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building at least one (1) off-street loading space for each ten thousand (10,000) square feet or major fraction thereof of gross floor area so used in excess of ten thousand (10,000) square feet.

2. Each loading space shall be not less than twelve (12) feet in width,forty (40) feet in length and fourteen (14) feet in height.

3. Subject to the limitations in Section 4 of this Article, such space may

occupy all or any part of any required yard or court space.

4. No such space shall be located closer than fifty (50) feet to any other

lot in any “R” District unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted board fence not less than six (6) feet in height.

SECTION 201. Off-Street Parking Space Requirements:

1. General Requirements : In all districts, in connection with everyindustrial, business, institutional, recreational, residential or any other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:

4

(a) Each off-street parking space shall have an area not less than

one hundred sixty (160) square feet exclusive of access drives or aisles and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than one thousand (1,000) square feet in area.

(b) There shall be adequate provision for ingress and egress to all

parking spaces. Where a lot does not abut a public or private alley or easement of access, there shall be provided an access drive not less than eight (8) feet in width in the case of a dwelling and not less than eighteen (18) feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but, except where provided in connection with a use permitted in an “R” District, such easement of access or access drive shall not be located in any “R” District.

2. Number of Spaces to be Provided : In all districts there shall beprovided at the time any building or structure is erected or structurally altered (except as provided in Section 202 of this Article) off-street parking spaces in accordance with the following requirements:

Use Parking Spaces Required

Dwellings for one family 1 space

Dwellings, including 1,2, and 3 families, 1 ½ for each familymultiple dwellings, and mobile homes

Rooming or boarding house, tourist 1 for each sleeping room or suitehome, hotel or motel

Private club, golf club, or lodge 1 for each five (5) members

Church or temple 1 for each five (5) seats in mainauditorium

School (except secondary school) 1 for each six (6) seats in auditorium

or main assembly room, or one (1)

5

for each classroom, whichever isgreater

Secondary or junior high school 1 for each six (6) seats in main auditorium, or one (1) for each

class-room, whichever is greater

Community center, library, or museum 10 plus one (1) additional for each three hundred (300) square feet offloor area in excess of two

thousand(2,000) square feet

Hospital, sanitarium, convalescent home, 1 for each three (3) bedshome for the aged or similar institution

Theater or auditorium (except school 1 for each five (5) seats or benchauditorium), sports arena, stadium or seating spacesgymnasium

Bowling alley 4 for each lane

Mortuary or funeral home 1 for each fifty (50) square feet of floor space in slumber rooms, parlors or individual funeral servicerooms

Personal or professional services; 1 for each two hundred (200) squarerestaurants, nightclubs, cafes or similar feet of floor arearecreational or amusement establishments,dance halls, assembly or exhibition hallswithout fixed seats

Retail business or business service 1 for each one hundred fifty (150) establishment except as otherwise square feet of gross floor areaspecified herein

Furniture or appliance store, hardware 1 for each three hundred (300) store, wholesale establishments, machinery square feet of gross floor areaor equipment sales and service

Printing or plumbing shop or similar 1 for each two (2) persons employedservice establishment therein

Manufacturing or industrial establishment, 1 for each two (2) employees on theresearch or testing laboratory, dairy, maximum working shift plus space

6

bakery, warehouse or similar establishment to accommodate all trucks and other

vehicles used in connection therewith

3. Rules Governing the Determination of the Number of Spaces : In

computing the number of spaces required in Subsection 2 of Section 2 of this Article, the following rules shall govern:

(a) “Floor area” shall mean the gross floor area of the specified area.

(b) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(c) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(d) Whenever a building or use constructed or established after the effective date of this Ordinance is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Ordinance is enlarged to the extent of fifty (50) percent or more in the floor area or in the area used, said building or use shall then and thereafter comply with parking requirements set forth herein.

SECTION 202. Special Parking Provisions.

1. The parking of a disabled vehicle within a residential district for aperiod of more than two (2) weeks shall be prohibited; except that such vehicles may be stored in an enclosed garage or other accessory building provided that no business shall be conducted in connection therewith while such vehicles are parked or stored.

2. All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other non-residential building served.

7

3. Not more than fifty (50) percent of the parking spaces required for (a) theaters, bowling alleys, dance halls, nightclubs or cafes, and up to one hundred(100) percent of the parking spaces required for a church or school auditorium, may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that written agreement thereto is properly executed and filed as specified in Subsection 4 hereof.

4. In any case where the required parking spaces are not located on the

same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the Solicitor and executed by the Council and shall be filed with the application for a building permit.

SECTION 203. Development and Maintenance of Parking Areas. Every parcel of land hereafter used as a public, commercial or private parking area shall be developed and maintained in accordance with the following requirements.

1. Screening and Landscaping . Off-street parking areas for more than

five (5) vehicles shall be effectively screened on each side which adjoins or faces premises situated in any “R” District, or institutional premises, by a masonry wall or solid fence of acceptable design. Such wall or fence shall be not less than four (4) feet or more than six (6) feet in height and shall be maintained in good condition without advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any “R” District shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. In lieu of such wall or fence, a strip of land not less than fifteen (15) feet in width and planted and maintained with an evergreen or dense planting of evergreen shrubs not less than four (4) feet in height may be substituted.

2. Minimum Distances and Setbacks . No part of any parking area formore than five (5) vehicles shall be closer than ten (10) feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall of acceptable design. If on the same lot with a main building, the parking area shall not be located within the front yard or side street side yard required for such building. In no case shall any part of a parking area be closer than five (5) feet to any established street or alley right-of-way. The wall or hedge required in Subsection 1 hereof shall be set back from each street, the same as if it were a building wall, so as to observe the front yard and side street side yard requirements of this Ordinance.

3. Surfacing . Any off-street parking area for more than five (5) vehicles

shall be graded for proper drainage and surfaced with an asphaltic or Portland cement binder pavement or a durable and dustless surface and shall be so arranged and marked as to provide for orderly and safe parking and storage of self-propelled vehicles.

ARTICLE VII - SPECIAL PROVISIONS

SECTION 300. Performance Requirements.

8

1. No land or building in any district shall be used or occupied in anymanner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other disturbance; glare, liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises provided that any use permitted or not expressly prohibited by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits and tolerances at the following points of observation:

(a) In any “R” District and “C-1” and “C-2” Districts, 25 feet from

the establishment or use, or at the lot line if closer to the establishment or use.

(b) In “M” Districts: at the boundary or boundaries of the District,

or at any point within an adjacent “R” District.

2. The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

SECTION 301. Mobile Home Park Residence.

1. No mobile homes, trailers, or similar portable residence structuresshall be permitted to locate in the municipality except in a Mobile Home Park in an “R-3” Residence District.

2. The Mobile Home park shall conform to the following requirements:

(a) Shall contain a minimum of six (6) acres

(b) Shall provide an adequate supply of pure water

(c) Shall provide an adequate system of collective sanitary sewers, sewage treatment and disposal

(d) Shall provide a clearly defined minimum area of 4,000 square

feet including a minimum width of thirty (30) feet for each mobile home or trailer.

(e) Shall provide a minimum fifteen (15) feet clearance between

individual mobile homes or trailers, and a fifteen (15) foot setback from any property line bounding the mobile home park

9

(f) All mobile home spaces shall abut a driveway of not less than

twenty (20) feet in width, which shall have unobstructed access to a private or public street

(g) A safe, usable recreation area shall be conveniently located in

each trailer park and shall not be less than twenty (20) percent of the gross area of the trailer park.

SECTION 302. Trailers, Motels, Motor Hotels.

1. Parking of a trailer in any district for 48 hours or a longer period oftime shall be prohibited, except for small utility, boat and vacation trailers when authorized by Board of Zoning Appeals and except that one (1) trailer may be stored in an enclosed garage or other accessory building, provided that in all cases no living quarters shall be maintained or any business conducted in connection therewith while such trailer is parked or stored, and to insure compliance therewith, a zoning certificate shall be required. The parking of a trailer, other than utility, boat or vacation for less than 48 hours outside of an enclosed garage or another accessory building shall be permissible only after the Zoning Inspector has been notified of such intention.

2. Motels or motor hotels shall comply with the sanitary regulationsprescribed by the County Health Authorities and as may otherwise be required by law, and in addition shall comply with the following regulations:

(a) Any lot to be used for a motel shall not be less than two (2) acres in area. All buildings and structures shall be distant at least fifty (50) feet from a rear lot line and at least twenty-five

(25) feet from the front and side lot lines. The buildings and

structures on the lot shall not occupy in the aggregate more than twenty-five (25) percent of the area of the lot.

(b) All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

SECTION 303. Billboard, Outdoor Advertising Signs and Structures, Real Estate and Other Signs.

1. Outdoor advertising signs and structures, where permitted shall beset back fifty (50) feet from the established right-of-way line of any street or highway, or as far as the required front yard depth for a principal building in such districts, whichever is the greater distance; provided that for every square foot by which such signs or billboards exceed eighty (80) square feet, such setback shall be increased by one-half (1/2) foot but need exceed one hundred (100) feet, except that at the intersection of any state or federal highway with a major or secondary

10

street any outdoor advertising sign or billboard shall not be less than two hundred (200) feet from the established right-of-way of each such highway or street.

2. No such billboard, sign, or advertising structure shall be permitted which faces the front or side lot line of any lot in any “R” District within one hundred (100) feet of such lot line or which faces any public parkway, public square or entrances to any public park, public or parochial school, library, church or similar institution within three hundred (300) feet thereof.

3. Non-illuminated real estate signs, advertising the sale, rental or lease

of the premises on which they are maintained and not over twelve (12) square feet in aggregate area shall be permitted on any lot one hundred (100) feet or less in width. Larger signs shall be permitted for two (2) or more lots in single ownership or for properties with frontages in excess of one hundred (100) feet provided that such signs shall not exceed a maximum area of one hundred fifty (150) square feet. Such signs shall be set back from every street lot line at least a distance in feet equal to the number of square feet in the area of the sign, but such setback shall not be less than the least depth of the required front yard. Real estate signs, not exceeding six (6) square feet in area and when attached flat against the building to which it pertains, shall be permitted in any case.

4. Small announcement or professional signs, where permitted, shall not

exceed two (2) square feet in area, except that a church, school, community center, or other public or institutional building may have for its own use an announcement sign or bulletin board not over twelve (12) square feet in area, which, if not attached flat against a building, shall be at least twelve (12) feet from all street lines. Wall signs pertaining to a non-conforming use shall be permitted if on the same premises as such use and not exceeding in the aggregate twenty (20) square feet in area or two (2) feet in one dimension.

5. Every conforming business located in a “C-1”, “B-2”, or “M” district may

have one free standing sign advertising the nature of the business provided the sign is on the same property as the main building. The total area of the sign, on either side, shall not exceed sixty (60) square feet, and the bottom of the sign shall be located at a minimum of ten (10) feet above grade. The furthermost overhang of the sign shall be no nearer than two (2) feet to the street right-of-way in a “C-1” District or ten (10) feet in a “C-2” or “M” District.

6. No sign or advertising structure shall be located, placed or arranged

so as to impair traffic visibility at any intersection or at an entrance or exit to any use of any property.

7. All of the signs referred to in this section may be illuminated,provided the source of light is not visible and no flashing or blinking lights are permitted.

8. All signs shall be maintained in good appearance and repair.

SECTION 304. Planned Unit Development (P.U.D.).

11

1. The owner or owners of any tract of land comprising an area of notless than ten (10) acres may submit to the Council a plan for the use and development of all of the tract of land for residential and allied purposes. The development plan shall be referred to the Planning Commission for study and report and for public hearings. Notice and publication of such public hearings shall conform to the procedures prescribed in Article XII for hearings on changes and amendments. If the Commission approves the plans, these shall be submitted to the Council for consideration and action. The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community development project meets with the following conditions:

(a) The property adjacent to the area included in the plan will not

be adversely affected

(b) The plan is consistent with the intent and purposes of this Ordinance to promote public health, safety, morals and general welfare

(c) The use of the land shall be similar to the uses permitted in the district in which the plan is located

(d) That the average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located.

2. If the Council approves the plans, a zoning certificate may be issued,

even though the use of the land, the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.

SECTION 305. Private Swimming Pools: A private swimming pool shall be any pool, pond, lake or open tank where swimming is normally permitted, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1 ½) feet. No such swimming pool shall be allowed in any “A”, “F”, or “R” District except as an accessory use and unless it complies with the following conditions and requirements:

1. The pool is intended and is to be used solely for the enjoyment of the

occupants of the principal use of the property on which it is located.

2. It may not be located, including any walks or paved areas oraccessory structures adjacent thereto, closer than ten (10) feet to any property line of the property on which located.

3. The swimming pool, or the entire property on which it is located shall

12

be so as to prevent uncontrolled access by children from the street or from adjacent properties, said fence or wall to be not less than four (4) feet in height and maintained in good condition, with a gate and lock.

SECTION 306. Temporary Buildings: Temporary buildings used in conjunction with construction work only, may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon the completion of the construction work.

SECTION 307. Cluster Dwellings1. Cluster Dwelling Defined . A cluster dwelling is a detached single

family dwelling and/or two to four attached dwellings planned as a unified development at a density greater than required for single family or two family development and less than permitted in a Multiple Residence District. Cluster Dwellings are permitted in R-2 and R-3 Residence Districts provided there is a municipal water supply and sanitary sewers

2. Lot Requirements . Each cluster dwelling shall front on a public dedicated street for the required lot width except that on a curved street or at the end of a cul-de-sac the required frontage shall not be less than 60 percent of the required lot width. The minimum area of the development shall be not less than three acres. If lots are proposed to be sold the following minimum lot requirements shall be as follows:

(a) Minimum lot area – one unit 5,000 square feet; two units attached 8,000 square feet; three units attached 11,000 square feet; four units 14,000 square feet.

(b) Minimum lot width – width of the dwelling plus 20 feet but not less than 50 feet for one unit; 80 feet for a two unit building; 110 feet for a three unit building and 140 feet for a four unit building.

3. Required Procedures . If individual lots are to be created and sold the

proposed development shall follow the procedures as provided in the Village of Smithville Subdivision Regulations. For condominium developments, a public road shall be designed and improved as provided in the Village of Smithville Subdivision Regulations.

4. Density (Lot area per dwelling unit) Minimum 7,000 square feet per

unit exclusive of public rights of way.

5. Utilities . Municipal water supply and sanitary sewers required. Tap-in

requirements and fees shall be determined by the Village of Smithville Board of Public Affairs.

6. Yard Requirements

(a) Front – 20 feet from street right-of-way; corner lots 20 feet from each street right-of-way.

(b) Side – 10 feet to each side lot line

13

In condominium development distance between buildings shall be not less than 20 feet.

(c) Rear – 30 feet to rear lot lineIn condominium development the distance between buildings shall be not less than 60 feet.

(d) Side/Rear – In a condominium development the distance between the side of one building and the rear of another building shall be not less than 40 feet.

(e) Utility easements shall be not less than 10 feet from a cluster dwelling.

7. Required Open Space . Not less than 25 percent of the development

area shall be in permanent open space. This area is exclusive of all required yards and required distances between buildings and public rights-of-way.

8. Maximum Lot Coverage . Maximum coverage of each individual lot shall be not more than 40 percent. Maximum coverage of the development area shall be not more than 35 percent.

9. Maximum Building Height . The maximum building height shall be two

stories and shall not be more than 25 feet. Building height is defined as the vertical distance measured from the grade level to the highest point of the building.

10. Off-Street Parking . There shall be not less than three off-street parking spaces per unit. One of the spaces shall be in an enclosed garage attached to the dwelling unit; the second space may be in a driveway, and the third may be in an off-street parking area in the development or in a driveway.

11. Minimum Dwelling Unit Areas . The minimum floor area shall be not less than 1,000 square feet.

12. Landscaping . All open space areas not kept in a natural state and all

yard areas shall be landscaped and maintained with grass, trees and shrubs. Plant materials shall be selected that are indigenous and moderately fast growing. The landscape design shall incorporate the entire development area and consist of an assortment of plants with year round appeal which may include annuals, perennials, shrubs, and trees.

13. Development Plans . Preliminary and Final Development Plans are required in subdivisions and condominium developments as provided in Section 504-paragraph 4.

ARTICLE VIII - EXCEPTIONS AND MODIFICATIONS

SECTION 400. Requirements and regulations specified in this Ordinance shall be subject to the exceptions, modifications and interpretations set forth in this Article.

SECTION 401. Existing Lots of Record: In any district where dwellings are permitted a one-family detached dwelling may be erected on any lot of official record as of the effective date of this Ordinance, irrespective of its area or width,

14

provided the owner of such lot does not own any adjoining property, except that no lot shall be deemed to be less than fifty (50) feet wide for the calculation of yard requirements and provided further:

1. The sum of the side yard widths on any such lot need not exceedthirty (30) percent of the width of the lot, but in no case shall the width of any side yard be less than then (10) percent of the width of the lot, provided, however, that on a corner lot the width of the side yard adjoining the side street lot line shall not be less than eight (8) feet or twenty (20) percent of the frontage, whichever is the greater.

2. The depth of the rear yard on any such lot need not exceed twenty(20) percent of the depth of the lot, but in no case shall it be less than twenty (20) feet.

3. Where three or more contiguous unimproved lots of record with less

than the required area and width are held by one owner the Commission may require replatting to fewer lots to permit compliance with minimum yard requirements.

SECTION 402. Height.

1. The height regulations prescribed herein shall not apply to television

and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.

2. Public, semi-public or public service buildings, hospitals, institutions

or schools, where permitted, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.

SECTION 403. Front Yards:

1. When fifty (50) percent or more of the frontage on one side of thestreet between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established, provided, however, that a front yard depth shall not be required to exceed fifty (50) percent in excess of the front yard otherwise required in the district in which the lot is located.

2. On lots having double frontage the required front yard shall be provided on both streets.

3. An open, uncovered porch or paved terrace may project into arequired front yard for a distance of not more than ten (10) feet, but this shall not be interpreted to include or permit fixed canopies.

15

4. Off-street parking facilities may be located within the required front

yard of any “C” District or “M” District but shall not be nearer than fifty (50) feet to any “A” or “R” District, and no off-street parking shall be permitted in the required front yard of any “A” or “R” District.

SECTION 404. Side Yards:

1. On a corner lot, the width of the yard along the side street shall not

be less than any required front yard on such street, provided, however the buildable width of a lot of record shall not be reduced to less than forty (40) feet.

2. No accessory building shall project beyond a required yard line along

any street.

3. Where dwelling units are erected above commercial establishments no

side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

4. A canopy may project into a required side yard provided every part such canopy is unenclosed.

5. For the purpose of side yard regulation, a two-family dwelling ormultiple dwelling shall be considered as one building occupying one lot.

6. An owner of a dwelling erected prior to the effective date of thisOrdinance may be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes, provided, however, that no side yard shall be reduced to less than five (5) feet.

7. Where a lot of record at the time of the effective date of thisOrdinance is of less width than the minimum lot width required in the district in which the lot is located, the minimum side yard may be reduced to ten (10) percent of the width of the lot, provided, however, that no side yard be less than five (5) feet.

SECTION 405. Rear Yards:

1. Where a lot abuts upon an alley, one-half (1/2) the alley width may be

considered as part of the required rear yard.

2. An accessory building, not exceeding twenty (20) feet in height may

occupy not to exceed thirty (30) percent; and unenclosed parking spaces may occupy not to exceed ninety (90) percent of the area of a required rear yard, but no accessory building shall be closer than ten (10) feet to any rear lot line.

SECTION 406. Setback from Publicly Established Drainage Ditches: In all districts a setback of forty (40) feet from the center line of a publicly established

16

drainage ditch shall be provided for all buildings or structures erected along such ditch.

SECTION 407. Landscaping and Screening Provisions: For non-residential uses abutting “F” or “R” Districts the minimum yards may be reduced to fifty (50) percent of the stated requirements if acceptable landscaping or screening, approved by the Zoning Inspector, is provided. Such screening shall be a masonry of solid fence between four and six feet in height, maintained in good condition and free of all advertising or other signs. Landscaping, provided in lieu of such wall or fence shall consist of a strip of land not less than fifteen (15) feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height.

ARTICLE IX - ENFORCEMENT

SECTION 500. Zoning Inspector:

1. It shall be the duty of the Zoning Inspector, who shall be appointed by

the Council, to enforce this Ordinance. It shall also be the duty of all officials and employees of the Municipality to assist the Zoning Inspector by reporting to him upon new construction, reconstruction or land uses or upon seeming violations.

2. Appeal from the decision of the Zoning Inspector may be made to the

Board of Appeals as provided in Article X.

SECTION 501. Zoning Certificate:

1. It shall be unlawful for an owner to use or to permit the use of anystructure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector. It shall be the duty of the Zoning Inspector to issue a certificate, provided he is satisfied that the structure, building or premises and the proposed use thereof conform with all the requirements of this Ordinance. No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Ordinance.

2. Under written request from the owner or tenant, the Zoning Inspector

shall issue a zoning certificate for any building or premises existing at the time of enactment of this Ordinance certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Ordinance. No charge shall be made for issuing a zoning certificate in accordance with this paragraph.

SECTI0N 502. Conditions under which Certificates are Required: A zoning certificate shall be required for any of the following, except as herein provided:

1. Construction or alteration of any building, including accessorybuildings.

17

2. Change in use of an existing building or accessory building to a use

of a different classification.

3. Occupancy and use of vacant land.

4. Change in the use of land to a use of a different classification.

5. Any change in the use of a non-conforming use.

SECTION 503. Application and Issuance of Zoning Certificates:

1. Written application for a zoning certificate for the construction of anew building or for the alteration of an existing building shall be made to the Zoning Inspector. Said certificate shall be issued within ten (10) days after written request for the same has been made to the Zoning Inspector or his agent, provided such construction or alterations is in conformity with the provisions of this Ordinance.

2. Written application for a zoning certificate for the use of vacant land or for a change in the use of land or of a building or for a change in a non-conforming use, as herein provided, shall be made to the Zoning Inspector. If the proposed use is in conformity with the provisions of this Ordinance, the certificate therefore shall be issued within fifteen (15) days after the application for same has been made.

3. Every application for a zoning certificate shall be accompanied by a plot plan drawn to scale and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made.

SECTION 504. DEVELOPMENT PLANS

1. Purpose. Development plans are comprehensive site plans required

for certain land uses in order to achieve the most desirable arrangements of buildings, off-street parking, and other site improvements including landscaping, drainage, exterior lighting and signage.

2. Development Plans Required. Prior to the issuance of a Zoning Certificate, Development Plans shall be approved by the Planning Commission for all new development, site improvements or building additions for the following uses:

Residential DistrictsPublic and parochial schoolsPrivate or publicly owned parks, playground or golf coursesReligious buildingsCluster dwellings, multiple-family residences, Mobile Home

Park

Commercial DistrictsAll permitted main and accessory uses

Industrial districtsAll permitted main and accessory uses

18

3. Pre-submission Conference. Prior to submission of Development Plans

the applicant may request a meeting with the Zoning Inspector and other Village representatives to review concepts regarding the proposed development. No formal action or approval will be given.

4. Development plans shall be prepared by a registered professional (as

defined by law) and submitted to the Zoning Inspector to be reviewed by the Planning Commission. A complete application by the property owner or his authorized agent shall be received by the Zoning Inspector not less than fourteen days prior to a regularly scheduled Planning Commission meeting in order to be placed on the agenda for that meeting.

Each application shall be accompanied by the payment of a fee as established by Council.

Application Contents: Applications for a development plan approval

shall contain the following:

(a) The name, address and telephone number of the applicant requiring the certificate.

(b) The name, address and telephone number of the property owner(s).

(c) The location of the property, including the street address.(d) A brief description of the intended use.(e) The current and desired zoning classification of the

property.(f) A listing of all property owners within 500 feet of the

subject property.(g) Preliminary development plan as outlined in Subsection 5

hereof.

5. Preliminary Development Plan . A preliminary development plan shall

be drawn at a scale of not less than fifty feet to one inch and shall include the following:

(a) Property map. An accurate map of the property showing land owned and proposed for development; adjoining lots, location of oil and gas wells, existing improvements and utilities, easements, and zoning on subject property and on adjoining properties.(b) Topography. Contours at two-feet intervals for the subject property and for adjoining parcels.(c) Buildings. The location, area, heights and use of all existing and proposed main and accessory building, distances of buildings to property lines, and nearest buildings on adjacent properties.(d) Traffic. The proposed system of on-site vehicular circulation and locations of access drives.

19

(e) Parking Areas. The layout and estimate of the number of spaces; distances from parking areas and drives to property lines, existing and proposed buildings and public right-of-ways.(f) Signs. The location, size and height, of all signs to be placed on the property;(g) Landscaping. The location and size of areas to be landscaped.(h) Storm Water Retention. Location and area of proposed storm water detention/retention areas. The Village may require preliminary volume calculations and grading.(i) Riparian Setbacks. Location and extent of riparian setbacks as required by ordinance on the subject property.(j) Utilities. A conceptual layout of water lines, sanitary sewers and storm sewers.(k) Floor Plans and Exterior Building Elevations. Floor plan(s) and exterior building elevations at a scale of one-quarter inch to the foot (1/4” = 1’) shall be provided showing existing and or proposed uses. (l) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, easements, sureties and other instruments as may be required.(m) Additional Information. Additional information may be required to the Commission to make an informed decision.

6. Review and Approval Procedures

(a) Review by Staff and Consultants. The application shall be referred to Village Departments and to the Village Engineer

and other Village consultants for review and comment.(b) Review by Commission . The Planning Commission shall

review the complete application package as transmitted by the Zoning Inspector in terms of the standards established in this Zoning Code. If deemed necessary, the Commission, with the consent of the applicants, may refer an application to other qualified consultants for review. The cost of the review shall be at the expense of the applicant.The Zoning Inspector shall notify owners of properties within 500 feet of the perimeter of the property proposed for development not less than ten days prior to the meeting at which the preliminary development plan will be considered by the Planning Commission.

(c) Modifications Permitted in Residential Districts . Where application of a provision in the code would result in a development that, in the opinion of the Planning Commission, would not be satisfactory for the zoning district the Commission may require adjustments in the development plan (such as improvement to the design and arrangements of buildings, yards, on-site circulation, access drives, and such other features as fences, planting or other landscape feature) to further improve the proposed development and to protect the surrounding developments.

(d) Modifications Permitted in Commercial and Industrial Districts. The Commission may make adjustments to

20

certain yard requirements in order to attain greater openness and other amenities by skillful design in the arrangement of buildings, the layout of drives, on-site circulation and parking areas and the design of landscaping or other site features provided:

(1) The total yard area of the lot shall be not less than required under the zoning district regulations;

(2) The maximum percent of the lot occupied by buildings shall not be in excess of that permitted in the zoning district;

(3) The required percent of lot to be landscaped shall not be reduced;

(4) Front yards of buildings may be reduced by fifty percent (50%) of the required distance;

(5) Side or rear yards of a 1 or 2 story building may be reduced by fifty percent (50%) of the required distance but not less than fifteen (15) feet only when adjacent to non-residential districts;

(6) Front yards of parking areas may be reduced by fifty percent (50%) of the required distance but not less than 25 feet;

(7) Side or rear yards of parking areas may be reduced to five feet only when adjacent to non-residential district. Elimination of side or rear yards may be permitted when adjoining an existing or planned parking area in a non-residential district.

(e) Action by Commission . The Commission shall take action onthe preliminary development plan within 45 days from the date of the Commission meeting at which all required plans and date were received. The Commission may approve the preliminary development plan as submitted, approve the preliminary development plan as modified and agreed to by the applicant or not approve the preliminary development plan as submitted

7. Final Development Plans. Upon approval of a preliminary development plan, the developer shall prepare and submit a final development plan(s) to the Commission. Upon receipt of a final development plan, the Zoning Inspector shall transmit a copy of the final development plan, including detailed construction plans and specification, to the Village Departments and to the Village Engineer and other Village consultants for their review, reports and recommendations. The cost of the review by consultants shall be at the expense of the applicant.

The Final Development Plan shall incorporate agreed upon revisions of the preliminary development plan and shall include all the information contained in the Preliminary Plan and in addition shall include the following:

(a) Surve y. A survey of the property by a registered surveyor showing topography at one foot intervals, land owned and proposed for development, adjoining lots, easements, required riparian corridors, and location of oil and gas wells.

21

(b) Building s. The general design, dimensions, materials, and colors of the existing proposed main and accessory buildings.

(c) Traffic . Methods of control of traffic; width and location of access drives; type of pavement and curbing.

(d) Parking Areas . The number of spaces; type of pavement.(e) Utilities . The location, size and grade for all utility

installations and connections to present or proposed facilities.

(f) Signs . The type of illumination, materials, colors and contents of all signs to be placed on the property.

(g) Grading and Erosion Control Plan by a registered professional.

(h) Landscaping Plan . Location, number, and size of plant materials, their scientific and common names.

(i) Exterior Lighting Plan . Location and height of all exterior fixtures; distribution of proposed lighting levels (foot candles) at finished grade; fixture catalogues numbers and shop drawings.

(j) Drainage . Drainage and retention systems with engineering documents and calculations as required by the Village Engineer.

(k) Floor Plans and Exterior Building Elevations . Floor plans and exterior building elevations at a scale of one-quarter inch to the foot (1/4” = 1’) showing existing and proposed uses. One building elevation shall be in color.

(l) Agreements . Preliminary drafts of all agreements, contract, additions, deed restrictions, easements, sureties and other instruments as may be required.

(m)Additional Information . Additional information may be required for the Commission to make an informed decision.

8. Final Approval . If, after evaluating the reports of the staff and the Village consultants, the Commission finds that a proposed final development plan is in accordance with and represents detailed expansion of the preliminary plan heretofore approved, that it is in conformance with the provision if this Zoning Code and the Subdivision Regulations of the Village, and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the Staff and Village consultants, the Commission shall approve the final plan. The decision shall be made within forty-five days from the date of the meeting of which reports of staff and Village consultants are received.

9. Lapse of Approval . Failure to obtain a building permit and begin the

construction of improvements approved in the development plan within one year after approval shall make null and void the development plan unless the Commission grants an extension of time.

10. Referral to Council . Following approval of the Final Development Plan

by the Planning Commission the application shall be forwarded to Council for approval.

22

SECTION 505. Fees For Zoning Certificates

All fees shall be as established by ordinance. When the Planning Commission determines it is necessary to retain the services of professionals to review applications the applicant shall bear all such costs.

Fee Schedule As Defined in Fees for Zoning Certificates and Appeals Ordinance

2. Every zoning certificate shall state that the building or the proposed

use of a building or land complies with all provisions of law. A record of all zoning certificates shall be kept on file in the Office of the Zoning Inspector or his agent, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

SECTION 506. Zoning Certificate for Non-conforming Uses: A zoning certificate shall be required for all lawful non-conforming uses of land or buildings created by adoption of this Ordinance. Application for such certificate for a non-conforming use shall be filed with the Zoning Inspector by the owner or leasee of the building or land occupied by such non-conforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the Zoning Inspector to issue a certificate for a lawful non-conforming use, but failure to apply for such certificate for a non-conforming use or refusal of the Zoning Inspector to issue a certificate for such non-conforming use shall be evidence that said non-conforming use was either illegal or did not lawfully exist at the effective date of this Ordinance. No charge shall be made for issuing a zoning certificate in accordance with this Section.

SECTION 507. Violation and Penalties: It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provisions of this Ordinance or any amendment or supplement thereto adopted by the Council. Any person, firm or corporation violating any regulation in or any provision of this Ordinance or any amendment or supplement thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or uses continues may be deemed a separate offense.

SECTION 508. Violations - Remedies: In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is or is proposed to be used in violation of this Ordinance or any amendment or supplement thereto, the Zoning Inspector, the legal representative of the Municipality or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

ARTICLE X - BOARD OF ZONING APPEALS

23

SECTION 600. Organization and Procedures:

1. Appointment : There is hereby established a Board of Zoning Appeals,

this shall consist of five (5) electors appointed by Council. Council by a majority vote of its members shall choose a successor to fill any vacancy. The five (5) electors first appointed shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years respectively; thereafter appointments shall be for five-(5) year terms, beginning January 1st. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause, by the Council, upon written charges having been filed with the Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at last ten (10) days prior to the hearing, either personally or by certified mail or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

2. Organization and Procedure : The Board shall organize annually toelect a Chairman, Vice-Chairman and Secretary. It shall further adopt rules for its own government not inconsistent with law or with any other ordinance of the Municipality to carry into effect the provisions of this Ordinance.

(a) Meetings of the Board shall be held at the call of the Chairman

and at such other times as the Board may determine. The Chairman, or in his absence, the Vice-Chairman may administer oaths, and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact and shall keep

records of its examinations and other official accounts, all of which shall be immediately filed in the Office of Village Clerk and shall be a public record.

(b) Quorum : Three (3) members of the Board shall constitute a quorum. The Board shall act by Resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of an applicant any matter of which the Board has original jurisdiction under this Ordinance or to grant any variance from the requirements stipulated in this Ordinance.

(c) Department Assistance : The Board may call upon the various

departments of the Municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

24

SECTION 601. Applications and Appeals:

1. Applications : An application, in cases in which the Board has original

jurisdiction under the provisions of this Ordinance, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit same to the Board. A fee in accordance with fees for Zoning Certificates and Appeals Ordinance shall be paid to the Zoning Inspector at the time Notice of Appeal is filed, which the officer shall forthwith pay over to the Village Clerk to the credit of the General Revenue Fund.

2. Appeals :

(a) An appeal to the Board may be taken by any person aggrieved

or by an officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal, specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life of property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.

(c) The Board may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the

25

premises, and to that end shall have all powers of the Zoning Inspector from whom the appeal is taken.

SECTION 602. Hearings:

1. The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof and at least ten (10) days notice to parties in interest and decide upon the appeal within a reasonable time after it is submitted. Each application or notice shall be accompanied by the fee hereinafter specified. At this hearing any party may appear in person or by attorney.

2. The hearings of the Board shall be public. However, the Board may go

into executive session for discussion but not vote on any case before it.

3. Upon the day for hearing any application or appeal the Board may adjourn the hearing in order to permit the obtaining for additional information or tocause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal.

SECTION 603. Decisions of the Board:

1. The Board shall decide all applications and appeals within thirty (30)

days after the final hearing thereon.

2. A certified copy of the Board’s decision shall be transmitted to allparties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

3. A decision of the Board shall not become final until the expiration of

five (5) days from the date such decision is made unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or principal rights and shall so certify on the record.

SECTION 604. Appeals from Board of Zoning to Council:

1. Any person, firm or corporation, or any officer, department, board or

agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Board of Zoning Appeals may appeal from such decision to the Council of the Municipality by filing notice of intent to appeal within five (5) days and filing a petition with the Village Clerk within fifteen (15) days from the date of the decision and setting forth the facts of the case.

2. Council shall hold a public hearing on such appeal not later thanthirty (30) days after such appeal has been filed with the Village Clerk. Council, by an affirmative vote of a majority of its members, shall decide the matter.

26

SECTION 605. Powers of the Board of Appeals:

1. Conditional Uses, Exceptions and Interpretations.

(a) The Board shall have the power to hear and decide, in accordance with the provisions of this Ordinance, applications, filed as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Ordinance to pass. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation - in addition to those expressly stipulated in this Ordinance for the particular conditional use or special exception - as the Board may deem necessary for the protection of adjacent properties and the public interest.

(b) In addition to permitting the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:

(1) Non-Conforming Uses:

(a) The substitution for a non-conforming use existing at the time of enactment of the Ordinance, another non-conforming use, if no structural alterations except those required by law or ordinance are made; provided, however, that in an “R” District no change shall be authorized by the Board to any use which is not a permitted or conditional use in any “R” District, and in a “C” District no change shall be authorized to any use which is not a permitted or conditional use in any “C” District.

(b) The extension of a non-conforming building upon the lot occupied by such building or on an adjoining lot provided that such lot was under the same ownership as the lot in question at

27

the time the use of such building became non- conforming and that such extension is necessary and incidental to such existing non- conforming use; and provided that the value of such extension shall not exceed, in all , twenty

(20) percent of the existing ground floor area

of the existing building devoted to a non-conforming use. Non-conforming Mobile HomeParks can be expanded by increasing thenumber of trailers by not more than twenty (20) percent over their size at the date of the passage of this Ordinance.

(2) Extension of Use on Border of District : The extension

of a use or building into a more restricted immediately adjacent thereto but not more than twenty-five (25) feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district.

(3) Temporary Structures and Uses : The temporary use of

a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Ordinance for the district in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve-(12) month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

2. Administrative Review and Variances :

(a) Administrative Review : The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order,

28

requirement, decision, grant or refusal made by the Zoning Inspector or other official in the interpretation or of the provisions of this Ordinance.

(b) Variances : The Board shall have the power to authorize, upon

appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Ordinance as will not be contrary to the public interest: but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Ordinance would cause undue and unnecessary hardship.

(c) Where, by reason of the exceptional narrowness, shallowness

or unusual shape of a specific piece of property on the effective date of this Ordinance, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardship - unnecessary to carry out the spirit and purpose of this Ordinance - the Board shall have power to authorize a variance from such strict application so as to relieve such hardship and so that the spirit and purpose of this Ordinance shall be observed and substantial justice done. In authorizing a variance the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the Ordinance and in the public interest. In authorizing a variance with attached conditions the Board shall require such evidence and guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.

(d) General : In exercising its power the Board may, in conformity

with the provisions of State statutes and of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all powers of

29

the office from whom the appeal is taken.

3. Performance Requirements Procedure : The Board shall have the power to authorize, upon application in specific cases filed as hereinafter provided, issuance of a zoning certificate for uses that are subject to performance requirements procedure under Article VII of this Ordinance, as provided in the following:

(a) Application : An application for a zoning certificate for a use subject to performance requirements shall be submitted in duplicate on a form prescribed by the Board. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be

used in restricting the emission of dangerous and objectionable elements as set forth in Article VII.

(b) Review by Board : Within thirty (30) days after the Board has

received the aforesaid application or the aforesaid report, if a report was required, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards, and on such basis shall authorize or refuse to authorize issuance of a zoning certificate or require a modification of the proposed plan of construction or specifications, proposed equipment or operation.

(c) Continued Enforcement : The zoning Inspector shall investigate any purported violation of performance standards,

and if there is reasonable ground the same, shall notify the Board of the occurrence or existence of a probable violation thereof. The Board shall investigate the alleged violation, and for such investigation shall employ qualified experts. If, after public hearing on due notice, the Board finds that a violation occurred or exists, a copy of said findings shall be forwarded to the Council.

ARTICLE XI - INTERPRETATION, PURPOSE AND CONFLICT

SECTION 1. In interpreting and applying the provision of this Ordinance, they shall be held to the minimum requirements for the promotion of the public safety,

30

health, convenience, comfort, morals, prosperity and general welfare. It is not intendedby this Ordinance to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of theprovisions of this Ordinance or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Ordinance; nor is it intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, thatwhere this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of this Ordinance shall control.

ARTICLE XII - DISTRICT CHANGES AND ORDINANCE AMENDMENTS

SECTION 700. General: Whenever the public necessity, convenience, generalwelfare or good zoning require, the Council may by Ordinance, after receipt of recommendation thereon from the Village Planning Commission and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classifications of property, new or hereafter established by this Ordinance or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.

SECTION 701. Procedure for Change in Zoning District:

1. Applications for any change of district boundaries or classifications of

property as shown on the Zoning Map, shall be submitted to the Commission, at its public office, upon such forms, and shall be accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or leasees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.

2. Public Hearing by Commission : Before submitting itsrecommendations on a proposed amendment to the Council, the Village Planning Commission shall hold a public hearing thereon, notice of which shall be given by one (1) publication in a newspaper of general circulation in the area. The notice shall state the place or places and times at which the proposed amendment to the Ordinance, including text and maps, may be examined and other notices as required by State statutes or Planning Commission.

3. Notice to Property Owners : In addition to the published notice as hereinbefore specified, the Planning Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter notice, not less than twenty (20) days prior to the date of hearing, to the owners of all properties lying within two hundred

31

(200) feet of any part of the property proposed to be changed. The failure to notify as provided in this Section shall not invalidate any recommendation adopted hereunder, it being the intention of this Section to provide notice to the persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the Zoning Map or the regulations set forth in this Ordinance.

4. Action of Commission : The Commission may recommend that theapplication be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application benot granted. These recommendations shall then be certified to the Council.

5. Public Hearing by Council : After receiving from the Commission the

certification of said recommendations on the proposed amendment, and before adoption of such amendment, the Council shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in the Village.

6. Action of Council : After receiving from the Planning Commissioncertification of the recommendations on the proposed amendment, and after holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Ordinance of the Zoning Map. No such ordinance, measure or regulation which differs from or departs from the plan or report submitted by the Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the members of Council.

SECTION 702. Application Fees:

1. At the time that an application for a change of zoning districts is filed

with the Planning Commission as provided herein, there shall be deposited with the Village Clerk the sum of fifty dollars ($50.00) as a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums so deposited shall be credited by the Village Clerk to the General Fund.

2. In the event that the Planning Commission disapproves theapplication and the petitioner elects not to have the same certified to the Council, a refund of thirty dollars ($30.00) plus an additional refund of three dollars ($3.00) for each additional lot or part of an additional lot which was included in the application should be made to the petitioner by the Village Clerk, provided that the Village Clerk is notified of such decision by the petitioner within thirty (30) days from the time of the action taken by the Planning Commission.

ARTICLE XIII - DEFINITIONS

SECTION 800. For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the

32

singular number shall include the plural and the plural, the singular; the word “building” shall include the word “structure”, and the word “shall” is mandatory and not directory.

Accessory Use: A use or building such as a garage naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the land or buildings.

Agriculture: Any agricultural use, including farming, dairying, pasturage, agriculture and animal and poultry husbandry.

Apartment: A room or suite of rooms intended, designed, or used as a residence by a single family.

Apartment Building: A building designed for or containing apartments or suites of rooms for residence.

Automotive Repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning.

Automotive Sales: The sale or rental of new or used vehicles or trailers.

Auto and Metal Salvage: The dismantling, storage, sale or dumping of used motor vehicles, trailers or parts thereof.

Board: The Board of Zoning Appeals.

Boarding House: A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons but not exceeding twenty (20) persons.

Building, Front Line of: The line of that face or front of the building nearest the front of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.

Building, Height of: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Buildings, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Business Services: Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes or business.

Clinic: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

Club: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

33

Commission: The Planning Commission of the Municipality.

Conditional Use: A conforming use of buildings and/or land which, by the nature of it, requires review by the Board as set forth in Section 605 of Article X in order to determine its effect upon adjacent existing uses.

Council: The Council of the municipality.

Drive-in Commercial Uses: Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.

Dwelling: Any building or portion thereof which is designed for or used for residential purpose.

Dwelling, Cluster: A cluster dwelling is a detached single family dwelling and/or two to four attached dwellings planned as a unified development at a density greater than required for single family or two family development.

Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family.

Dwelling, Two-Family: A building designed for or occupied exclusively by two (2) families.

Dwelling, Multiple: A building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses, apartments hotels, flats and group houses.

Entertainment Facilities: Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.

Essential Services: The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential service named herein.

Family: One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined.

Frontage: All the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line - or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.

Garage, Private: An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is

34

accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two-(2) ton capacity.

Gasoline Station, Service Station: Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.

Highway, Major: A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

Home Occupation: Any occupation or activity carried on by a member of the immediate family residing on the premises, provided there is no commodity sold upon the premises and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposed, and provided that no display will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of the dwelling.

Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment but not for the general practice of his profession.

Hotel: A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A such, it is open to the public in contradistinction to a boarding house, a lodging house or an apartment house, which are herein separately defined.

Institution: A building occupied by a non-profit corporation or a non-profit establishment for public use.

Junk Yard: Any open space or space in excess of two hundred (200) square feet inside a building where waste or discarded materials are stored, processed or sold.

Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 by 40 feet and a vertical clearance of at least 14 feet.

Lot: A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) main building, together with its accessory buildings, the open spaces and parking spaces required by this Ordinance and having its principal frontage upon a street or upon an officially approved place.

Lot of Record: Any lot which individually or as part of a subdivision has been recorded in the Office of the Recorder of the County.

Lot, Minimum Area of: The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

Lot, Width: The width of a lot at the building setback line measured at right angles to its depth.

35

Manufacturing: Any manufacturing or industrial process including food processing which by nature of the materials, equipment and process utilized are not objectionable for reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process permitted in an “M-1” District shall comply with the performance requirements of Article VII.

Mobile Home: Any vehicle or similar portable structure having no foundation other than wheels, jacks or skirtings so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

Mobile Home Park: An area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner as described in Article VII, Section 301.

More Restrictive: In reference to a non-conforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards etc., or generally increasing compatibility of a non-conforming use to the requirements of the district in which it is located.

Municipality: The Village of Smithville.

Non-Commercial Recreational Facility: Private and semi-public recreational facilities which are not operated for profit.

Non-Conforming Use: The use of land or a building or portion thereof, which does not conform with the use regulations (Article III) of the district in which it is situated.

Off-Street Parking Space: Any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than one hundred (100) square feet exclusive of access drives or aisles.

Personal Services: Any enterprise, conducted for gain, which primarily offers services to the general public, such as shoe repair, watch repairing, barber shops, beauty parlors and similar activities.

Planning Commission: The Planning Commission of the Municipality.

Plant Cultivation: The cultivation of crops, horticulture, floriculture, viticulture, including fruit trees, nursery stock, truck garden products and similar plant materials.

Professional Activities: The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers, and similar professions.

Public Uses: Public parks, schools, and administrative, cultural and service buildings, not including public land buildings devoted solely to the storage and maintenance of equipment and material.

Recreational Facilities: Country and archery clubs, riding clubs, golf courses and other private, non-commercial recreation area and facilities, or recreational centers including private community swimming pools.

36

Residential Floor Area: The interior floor area of a dwelling, including stairways, halls and closets but not including basements, breezeways, porches, garages or carports.

Semi-public Uses: Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.

Sewage Disposal System - Group or Central: An approved system which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.

Sewage Disposal System - Individual: An on-site system provides for the individual collection and disposal of sewage.

Sign, Advertising: A sign which directs attention to a business, commodity or service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.

Sign, Business: A sign which directs attention to a business or profession conducted on the premises. A “For Sale” sign or a “For Rent” sign relating to the property on which it is displayed shall be deemed a “business sign”.

Social Activities: Any building and land used for private or semi-private club activities, including lodges, fraternities and similar activities.

Solicitor: The Solicitor of the Municipality.

Specialized Animal Raising and Care: The use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; and the raising of any other domestic animals or birds of a similar nature.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it.

Street Line, Right-of-Way Line: A dividing line between a lot, tract or parcel of land and a contiguous street.

Structure: Anything constructed or erected other than a building, the use of which requires more than permanent location on the ground or attached to something having a permanent location on the ground, including - but without limiting - the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and baseball diamonds.

Structural Alterations: Any change which would tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams or girders.

Tourist Home: A building other than a hotel where lodging is provided and offered to the public for compensation for not more than twenty (20) individuals and open to transient guests.

37

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

Yard, Front: A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than projections of the usual uncovered steps, uncovered balconies or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, Rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.

Yard, Side: A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereto.

Zoning Certificates: The document issued by the Zoning Inspector authorizing the use of land or buildings.

Zoning Inspector: The Zoning Inspector or his authorized representative appointed by the Council of the Municipality.

ARTICLE XIV - VALIDITY

If any article, section, subsection, paragraph, sentence or phrase of this Ordinance is for any reason held to be invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

38

ARTICLE XV - EFFECTIVE DATE

This code shall supersede any previous village zoning ordinance and become effective from and after the date of its approval and adoption as provided by law.

RECOMMEND BY PLANNING COMMISSION

FEBRUARY 22, 2006Chairman, TOM POULSON Date

ADOPTED BY THE VILLAGE COUNCIL - ORDINANCE NO. 2006-10

JUNE 26, 2006 Mayor, ALLEN D. SNYDER Date

ATTEST:

June 26, 2006 Clerk, EARL BRIDENSTINE Date

39

SOME OF THE PAGES OF THIS ORDINANCE HAVE BEEN REPLACED DUE TO DAMAGE OCCURRING TO NUMEROUS PHOTOCOPYING OF THE ORIGINAL. IN CASES WHERE PAGES HAVE BEEN REPLACED FOR SUCH REASON THE REPLACING PAGES ARE SUBSTANTIVELY THE SAME AS THE ORIGINAL.

**Original Zoning Ordinance #1976-43 adopted 12-13-1976.**

40