Ashtabula City Zoning Code
TITLE FIVE
Additional Zoning Standards
1147.01 TABLE OF HEIGHT, YARD AND AREA REQUIREMENTS.
The required height, yard and area regulations are established and shown on the following table, which table is incorporated as a part of this section.
(2004 Code)
TABLE 1147.01.1
HEIGHT, YARD AND AREA REQUIREMENTS
HEIGHT, YARD AND AREA REQUIREMENTS
District | Max. Ht. of Bldg. in Stories | Max. Ht. of Bldg. in Ft. | Min. Depth of Front Yard in Ft. | Either Side Yard in Ft. | Aggregate Side Yard in Ft. | Min. Depth of Rear Yard in Ft. | Min. Lot Area per Family Yard in Sq. Ft. | Min. Lot Width in Ft. |
R-1 Single-Family Residential | 2-1/2 | 35 | 30 | 6 | 13 | 30 | 7,500 | 70 |
R-2 Single-Family Residential | 2-1/2 | 35 | 25 | 5 | 12 | 25 | 5,000 (1 Family) | 60 |
R-3 Two-Family Residential | 2-1/2 | 35 | 25 | 5 | 12 | 25 | 5,000 (1 Family) 2,500 (2 Family) | 60 |
R-4 Multiple Family Dwelling | 3 | 45 | 25 | 5 | 12 | 25 | 5,000 (1 Family) 2,500 (2 Family) 1,000 (Multi-Unit) | 60 |
C-1 General Commercial | 6 | 75 | 25 | None (1) | - | None (2) | 5,000 | - |
C-2 Central Business | 10 | 150 | None | None (1) | - | None (2) | 5,000 | - |
C-3 Shopping Center | 3 | 45 | 25 | None (1) | - | None (2) | 5,000 | - |
C-4 Special Commercial | 3 | 45 | 30 | None (1) | - | None (2) | 5,000 | - |
M-1 Light Industrial | 8 | 100 (3) | 25 | None (1) | - | None (2) | 5,000 | - |
M-2 Heavy Industrial | 12 | 150 (3) | 25 | None (1) | - | None (2) | 5,000 | - |
(1) No side yard required, except on the side of a lot adjoining an R District, in which case a side yard of not less than five feet shall be provided in any C District, and of not less than ten feet in any M District.
(2) No rear yard required, except on the rear of a lot adjoining an R District, in which case a rear yard of not less than twenty-five feet shall be provided.
(3) Whenever a building in an M District adjoins or abuts an R District, within 100 feet therefrom, such building shall not exceed three stories or forty-five feet in height unless it is set back one foot from the required side and rear yard lines for each foot of additional height above forty-five feet.
(2004 Code)
1147.02 HEIGHT.
(a) The height regulations shall not apply to chimneys, cooling towers, elevator bulkheads, fire towers, steeples, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, television or radio towers, or necessary mechanical appurtenances.
(b) The limitation on the number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located.
(c) Public, semipublic or public service buildings, hospitals, institutions or schools where permitted may be erected to a height not exceeding sixty feet, and churches and temples may be erected to a height not exceeding seventy-five feet when the required side and rear yards are increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
(1980 Code 153.121)
1147.03 FRONT YARDS.
(a) Where forty percent (40%) or more of a block frontage is improved with buildings, no part of any new building shall project beyond a line joining the two adjacent corners of the buildings on either side thereof. Where there is a building on only one side, no part of any new building shall project beyond a line projected from the corresponding adjacent corners of the two nearest buildings on that side, except that no building shall be required to provide a front yard greater than fifty feet.
(b) Interior lots having frontage on two streets shall provide the required front yard on both streets.
(1980 Code 153.122)
1147.04 SIDE YARDS.
(a) The side yard along the side street side of a corner lot shall not be less than one-half of any front yard required on the side street. Any accessory building located in the rear yard portion of a corner lot shall be set back from the side street not less than the front yard required on the side street, except that the buildable width of the corner lot shall not be reduced to less than twenty-eight feet.
(b) Where dwelling units are erected above a commercial establishment, no side yard shall be required, except where required for a commercial building adjoining any residence district.
(c) When a lot of record is less than fifty feet in width, the required side yard may be reduced to ten percent (10%) of the width of the lot, provided that no side yard shall be less than three feet in width.
(1980 Code 153.123; Ord. 6021)
1147.05 REAR YARDS.
(a) The required rear yard may be reduced to twenty percent (20%) of the depth of the lot on any lot not exceeding 120 feet in depth.
(1980 Code 153.124)
(b) An accessory building not exceeding sixteen feet in height may occupy not more than thirty percent (30%) of a required rear yard when located at least five feet from the rear and side lot lines. Provided, however, no such accessory building shall project beyond a required front yard along any street.
(Ord. 10884. Passed 6-1-87.)
1147.06 PROJECTIONS INTO YARDS.
(a) Every part of a required yard in all R, C and M Districts shall be open to the sky, unobstructed by a building, except for accessory buildings; and except by ordinary projection of sills, belt courses, cornices, ornamental features not to exceed twelve inches and eaves not to exceed twenty-four inches. Unenclosed balconies, metal awnings and fire escapes projecting into a required yard not more than five feet may be permitted by the City Engineer or Acting City Engineer when they are placed so as not to obstruct light and ventilation.
(b) An uncovered porch or paved terrace may project into a required front or rear yard for not more than ten feet.
(c) Fences, hedges and other plantings shall be permitted in any R, C and M District under the conditions specified herein for each District. All rear and side yard fencing shall be basketweave on batten, baffle, stockade, estate rail or solid wood, chain link, woven picket, welded lawn, hinge, joint or masonry. All front yard fence shall be chain link, spaced picket and split rail. Barbed wired shall be permitted, but only as herein specified.
(d) Each District shall conform to the following:
(1) R Districts.
A. Front yard fence height, or plantings used as a fence, shall not exceed eight feet, except when the fence is twenty feet or less from the curb line of the street adjacent to the front yard, then in that event, the fence or plantings used as fence shall not exceed four feet. No fence or plantings used as a fence shall be permitted within twenty feet of the curb line of any street adjacent to a corner lot, except by written permission of the City Engineer or the Acting City Engineer.
B. Rear yard fence height, or plantings used as fence, shall not exceed eight feet. Side yard fence heights, or plantings used as fence, shall not exceed eight feet. The City Engineer or the Acting City Engineer may require a height of not more than four feet if human life is endangered by the presence of an eight foot fence or plantings used as fence.
(2) C and M Districts.
A. Fence height, or plantings used as fence, shall not exceed eight feet in either side yard, rear yard or front yard, so long as the fence, or plantings used as fence, does not unsafely impair visibility of pedestrians, motor vehicle operators, or railroad vehicle operators, subject to the approval of the City Engineer or the Acting City Engineer.
B. Barbed wire shall not be permitted except when placed above other approved fence, or plantings used as fence, at a height no less than six feet above surface or contour of the earth.
(e) No fence shall be erected in any District without the property owner first having obtained a permit to construct the fence from the Engineer or Acting Engineer of the City. The fee for the permit shall be twenty dollars ($20.00) for each application.
(2004 Code)
1147.07 OTHER YARD OR LOT EXCEPTIONS.
(a) Gasoline service station pumps and pump islands which are more than fifty feet from the boundary of an R District, may be located within a required yard provided they are more than fifteen feet from any street line.
(b) On a corner lot in any R District, no fence or structure higher than three feet in height and no planting higher than two feet shall be maintained within twenty-five feet of the intersection of the two street lot lines.
(c) In the C and M Districts, there may be more than one commercial or industrial building on the lot. In the R-4 District, there may be more than one building other than single-, and two family dwellings on a lot, provided that all required yards are maintained around the building group. (Ord. 2000-09. Passed 2-7-00.)
1147.08 EXISTING LOTS OF RECORD.
Where a lot of record at the time of passage of this chapter has less area or width than required in Section 1147.01 and the owner of the lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a single-family dwelling or for any nondwelling use permitted in the district in which it is located.
(1980 Code 153.127)
CITY OF ASHTABULA
1149.01 NUMBER OF SPACES REQUIRED.
In all districts, except the C-2 Central Business District, there shall be provided, at the time of erection of any main building or structure or at the time such buildings or structures are altered, enlarged, converted or increased in capacity, minimum off-street parking space with adequate provision for ingress and egress by standard-sized vehicles in accordance with the following requirements as listed in Table 1149.01.1:
TABLE 1149.01.1
OFF-STREET PARKING SCHEDULE
Use | Number of Parking Spaces Required |
Assembly | 1 per 300 gross square feet |
Bowling Alley | 4 per every one alley (lane) |
Dwelling Unit | 2 per dwelling unit |
Health Club | 1 per 100 gross square feet |
Hospital | 1 per every two beds |
Hotel/Motel | 1 per guestroom plus 1 per 500 square feet of common area |
Indoor Tennis Court | 8 per court (1980 Code 153.130; Ord. 7437) |
Industry | 1 per 500 square feet |
Medical Office | 1 per 200 gross square feet |
Mortuary or Funeral Home | 1 per each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms |
Office | 1 per 300 gross square feet |
Private Club or Lodge | 1 per every five members |
Restaurant | 1 per 100 gross square feet |
Retail | 1 per 200 gross square feet |
Sanatorium, Convalescent Home, Home for the Aged, or Similar Institution | 1 per every four beds |
School | 1 per 3.5 seats in assembly rooms plus 1 per faculty member |
Warehouse | 1 per 500 gross square feet |
(2004 Code)
1149.02 COMPUTATION OF REQUIRED SPACES.
In computing the number of off-street parking spaces required, the following rules shall govern:
(a) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(b) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(c) Whenever a building or use, constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, seating capacity, or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargements or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, such building or use shall then and thereafter comply with the parking requirements set forth herein.
(d) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(2004 Code)
1149.03 LOCATION AND IMPROVEMENT OF PARKING AREAS.
(a) The parking spaces required by this code shall be provided on the same lot as the use or where the exclusive use of such is provided on another lot not more than 500 feet radially from the subject lot within the same or less-restrictive zoning district. 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 to assure their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and executed by the City Solicitor, and filed with the application for a building permit.
(b) All open parking areas provided in compliance with this chapter shall be surfaced with a durable, dustproof surface consisting of concrete, asphalt or of compacted gravel or crushed stone approved by the City Engineer. A screen planting strip at least five feet wide and along the property line shall be provided adjacent to properties in "R"Districts and it shall be suitably protected from automobiles by wheel barriers or guard rails. All public sidewalks along street property lines except at driveways shall be protected from automobiles extending on or over them by wheel barriers or guard rails. All sites over 500 square feet shall be graded to drain to a catch basin attached to a City storm sewer; if no storm sewers are available, drainage shall be into ditch or natural water course but in no case shall drainage be allowed to drain over the sidewalk or onto adjacent property. All lights shall be shielded to protect adjacent properties in "R" Districts from glare.
(c) A parking lot or garage shall be maintained in a manner to keep it as free as practicable from dust, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot or garage, shall be maintained in good condition throughout its use for parking purposes.
(2004 Code)
1149.04 OFF-STREET LOADING SPACES.
Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehouse, hotel or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises off-street loading space in accordance with the following requirements:
(a) In the C-1 General Commercial Districts, and in the M-1 and M-2 Districts: one loading space for each 10,000 square feet, or fraction thereof, of floor area in the building.
(b) In the C-2 Central Business District: one loading space for the first 5,000 to 15,000 square feet of floor area in the building and one additional loading space for each 20,000 square feet, or fraction thereof, of floor area in excess of 15,000 square feet.
(2004 Code)
1149.05 ACCESSIBLE SPACES.
Accessible parking spaces and passenger loading zones shall be provided in accordance with the Building Code. Passenger loading zones shall be designed and constructed in accordance with ICC A117.1. (2004 Code)
1149.06 PARKING STALL DIMENSIONS.
(2004 Code)
(a) Compact parking stalls shall be permitted to be 8 feet wide.
(b) Parallel parking stalls shall be permitted to be 8 feet wide.
(c) The width of a parking stall shall be increased 10 inches for obstructions located on either side of the stall within 14 feet of the access aisle.
(d) Accessible parking spaces shall be designed in accordance with ICC A117.1. (2004 Code)
A minimum length of 18 feet shall be provided for each parking stall. Exceptions apply for the following:
(a) Compact parking stalls shall be permitted to be 16 feet long.
(b) Parallel parking stalls shall be a minimum of 22 feet in length.
(2004 Code)
1149.07 DESIGN OF PARKING FACILITIES.
Every parking facility shall be provided with one or more access driveways, the width of which shall be the following:
(a) Private driveways at least 9 feet.
(b) Commercial driveways: 12 feet for one-way enter/exit; 24 feet for two-way enter/exit. (2004 Code)
The maximum slope of any driveway or ramp shall not exceed 20 percent. Transition slopes in driveways and ramps shall be provided in accordance with the standards set by the building inspector and the city engineer.
(2004 Code)
Each required parking stall shall be individually and easily accessed. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall when such stall serves more than two dwelling units or other than residential uses. All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.
(2004 Code)
The maximum ratio of compact stalls to standard stalls in any parking area shall not exceed 1 to 2 respectively.
(2004 Code)
A 3-foot-high buffer at the public way shall be provided for all parking areas of five or more spaces.
(2004 Code)
All parking stalls shall be striped except a private garage or parking area for the exclusive use of a single-family dwelling.
(2004 Code)
All lights illuminating a parking area shall be designed and located so as to reflect away from any street and adjacent property.
(2004 Code)
CITY OF ASHTABULA
1151.01 SPECIAL USES PERMITTED.
(a) Council may by special permit, following a public hearing advertised as provided in Sections 1109.05 through 1109.07, authorize the location of any of the following buildings or uses in any district, except as herein qualified, from which they are otherwise prohibited by this Zoning Code. However, appropriate conditions and safeguards shall be imposed to protect the public welfare and to conserve and protect property and property values in the neighborhood:
(1) Commercial amusement or recreational development for temporary or seasonal periods.
(2) Cemetery or mausoleum on a site of twenty acres or more, provided that any mausoleum shall be located at least 200 feet from any street or lot line.
(3) Private hospitals and institutions, except institutions for criminals and for persons who are mentally ill or have contagious diseases. However, such buildings may occupy not over twenty-five percent (25%) of the total area of the lot or tract and shall not have any serious and depreciating effect upon the value of the surrounding property. Further, the buildings shall be set back from all yard lines heretofore established an additional distance of not less than two feet for every foot of building height, and that adequate off-street parking space shall be provided.
(4) Greenhouses and nurseries provided that any such structure shall not be less than 100 feet from all property lines.
(5) Removal of sand, gravel, topsoil or other raw materials.
(6) A trailer court when located in a C-1 General Commercial or an M-1 Light Industrial District, provided there shall be at least 2,000 square feet of land area for each trailer and that no trailer shall be closer than twenty feet to any property line. Further, all state and county regulations shall be complied with.
(7) All advertising signs or billboards when located at least fifty feet from the boundary of any R District and when located in any C District or any M District, and when not erected within the yard requirements.
(8) Motels and hotels when located in any R-4 District.
(9) Drug paraphernalia facilities require a special use permit and may only be located in Commercial and Industrial Districts, provided they are not located within 1,000 feet of any R District, place of religious worship, school, boys' club, girls' club, or similar existing youth organization.
(10) An integrated residential development for dwellings of any type when located on a tract of land comprising an area of five acres or more, provided the development plan is approved by the Planning Commission as creating a stable and desirable residential environment and is found by the commission to meet the following specific conditions:
A. The property adjacent to the area included in the plan shall not be adversely affected.
B. The plan is consistent with the intent and purposes of this Zoning Ordinance to promote public health, safety, morals and general welfare.
C. The buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses, such as private or storage garages and storage space and for community activities.
D. The buildings do not exceed the height regulations of the district in which the development is located.
E. The average lot area per family contained in the site, exclusive of the area occupied by streets, shall not be less than the lot area per family required in the district in which the development is located.
F. If the Planning Commission and Council approve the plans, building permits and certificates of occupancy may be issued even though the use of land, the location of the 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.
(2004 Code; Ord. 6769)
1151.02 SPECIAL USE PERMIT; APPLICATION AND ISSUANCE.
Before the issuance of any special permit for any of the above buildings or uses, the application therefor shall be submitted to the Planning Commission for study and report regarding the effect of such proposed building or use upon the character of the neighborhood, and upon traffic conditions, public utility facilities and other matters pertaining to the public health, public safety or general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Commission has been filed, but such report shall be made within sixty days after the matter has been referred to it. If the Commission recommends against the issuance of the special permit, then it may be issued only by an affirmative three-fourths vote of Council.
(1980 Code 153.141)
CITY OF ASHTABULA
1152.01 APPLICATION.
The provisions of this chapter apply to the location and maintenance of any and all conditional uses in all districts and zones. Additionally, any use that is not addressed by this Code, in all districts except for the C-4 Special Commercial District, shall be subject to the requirements set forth in this section.
(2004 Code)
1152.02 PURPOSE AND AUTHORIZATION.
A conditional use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a zoning district, but shall not be allowed under the generally permitted uses of the district as stated in this Code.
The Planning Commission shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area. The authorization of a conditional use permit shall not be made unless the evidence presented is such to establish:
(a) That such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area;
(b) That such use will comply with the regulations and conditions specified in this Code for such use;
(c) The Planning Commission shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.
(2004 Code)
1152.03 GENERAL STANDARDS.
The City Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(a) Is in fact a conditional use as established under the district regulations adopted for the zoning district involved;
(b) Is consistent will all applicable provisions of the City’s comprehensive plan and this Zoning Code;
(c) Is compatible with the existing or allowable uses of adjacent properties;
(d) Shall not adversely affect adjacent properties in the same zone;
(e) Can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection or will exist to serve the requested use at the time such facilities are needed.
(f) Can demonstrate adequate provision for maintenance of the use of associated structures;
(g) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(h) Will not adversely affect public health, safety or welfare;
(i) Will not create undue traffic congestion;
(j) Has minimized, to the greatest degree possible, adverse effects on the natural environment.
(k) Cannot be satisfactorily located in a nearby less restrictive use district.
(2004 Code)
1152.04 CONDITIONAL USE PERMIT APPLICATION.
Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Building Commissioner, who shall then refer it to the Planning Commission at its next regular Planning Commission meeting. Such application, at a minimum, shall contain the following information if requested:
(a) Name, address, and telephone number of the applicant;
(b) Legal description of the property;
(c) Zoning district in which the property is located;
(d) Description of existing use;
(e) Description of proposed conditional use;
(f) Names and addresses of all abutting and adjacent property owners relative to the land upon which the proposed use is to be located;
(g) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, street and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features and such other information as the Planning Commission may require;
(h) A fee as established by ordinance;
(2004 Code)
1152.05 REVIEW OF CONDITIONAL USE PERMIT APPLICATION.
(a) Before making a decision as to whether to approve, disapprove or approve with conditions a conditional use permit application, the Planning Commission shall:
(1) Refer to any applicable entity as established for review and approval of specific uses in specific districts and await its recommendations which shall be formulated no later than the regular meeting following that at which the application was first received by the reviewing board, and which shall be forwarded promptly to the Planning Commission.
(2) Schedule, advertise and duly hold a public hearing for any conditional use proposed. Notification of the hearing shall be placed in a newspaper of general circulation at least ten days before the date of the hearing. Notification of the hearing shall also be mailed by the Building Commissioner at least ten days before the arranged date to all owners, as they appear in the records then maintained in the office of the Building Commissioner (being copies of County tax records), of abutting and adjacent land of the proposed site. All such advertising and notification costs shall be borne by the property owner requesting such conditional use. The actual costs for postage and processing such notice shall be charged to and reimbursed by the person or corporation who or which submitted the application for the conditional use. The actual costs shall be reimbursed to the City prior to the public hearing. If any property owner fails to receive this notice as provided herein, such failure shall in no way invalidate any actions, proceedings or determinations by the City as provided for in this chapter.
(2004 Code)
(b) Upon hearing any necessary and required recommendations, after holding any necessary public hearing and in any event within sixty days after the receipt of the required approvals, the Planning Commission shall instruct the Building Commissioner of its final decision. The Planning Commission may grant two extensions of up to thirty days each upon which it has to act on the application, provided the applicant has requested an extension in writing to the Planning Commission.
(c) The Planning Commission, in recommending approval for a conditional use shall set forth any specific terms or conditions deemed necessary to ensure compliance with the intent and standards of this Zoning Code.
(2004 Code)
1152.06 EXPIRATION AND REVOCATION.
A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and the substantial construction accomplished. When such permit is abandoned or discontinued for a period of one year, it shall not be reestablished, unless authorized by the Planning Commission on appeal. A conditional use permit shall be revoked when the applicant fails to comply with all the conditions imposed by the Planning Commission.
(2004 Code)
CITY OF ASHTABULA
1153.01 NONCONFORMING BUILDINGS.
(a) Any lawful use of a building existing at the effective date of this Zoning Code may be continued, even though the use does not conform to the provisions hereof, but no building shall be enlarged or extended. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those parts thereof which are more manifestly arranged or designed for such use at the time of adoption of this Zoning Code.
(b) Whenever the use of a building shall become nonconforming through a change in the zoning regulations or in the district boundaries, such use may be continued and, if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification.
(c) Whenever a nonconforming use of a building or portion thereof is discontinued for a continuous period of one year, such nonconforming use shall be deemed to be abandoned, and any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
(d) A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than seventy-five percent (75%) 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 seventy-five percent (75%) of its reproduction value a nonconforming building may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction are completed within one year from the date of the damage.
(e) A nonconforming use in violation of the provisions of the previous Zoning Ordinance which this Zoning Code replaces shall not be validated by the adoption of this Zoning Code.
(f) Any nonconforming structure that is ready for or is under construction when this Zoning Code is adopted or amended may be completed and occupied in accordance with the requirements of the valid building permit that was previously issued therefor.
(g) A nonconforming front porch may be enclosed. When such porch is nearer to the street than the building or porch located on either side, the porch enclosure shall be considered temporary. Temporary porches shall not be enclosed with siding or other material except glass, windows and screening, and framing above the existing height of railing.
(1980 Code 153.146)
1153.02 NONCONFORMING LAND.
A nonconforming use of land existing at the effective date of this Zoning Code may be continued, provided that no such nonconforming use of land shall be in any way expanded or extended, either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued for a continuous period of one year, any future use of such land shall be in conformity with the provisions of this Zoning Code.
(1980 Code 153.146)
1153.03 CONFLICT.
In the event that the provisions set forth for a specific zoning district are in conflict with the provisions set forth in Chapter 1153 of this Code, the provisions for the specific district in which the building or land is located shall prevail.
(2004 Code)
CITY OF ASHTABULA
1154.01 INTENT.
Sign regulations, including provisions to control the type, design, size and location thereof, are established in order to achieve, among others, the following purposes:
(a) To promote attractive and high-value residential districts, by permitting only nameplates, bulletin boards and signs related to the development, rental or sale of residential properties;
(b) To provide for reasonable, and yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type and size of establishment; and
(c) To provide for appropriate signs for service and industrial developments.
(2004 Code.)
1154.02 CONFORMANCE REQUIRED.
Signs shall be designed, erected, altered, reconstructed, moved or maintained, in whole or in part, in accordance with type, design, size, location, illumination and other provisions set forth in this chapter.
The construction, erection, safety and maintenance of all signs shall be also in accordance with the provisions of the Building Code of the City and the Ohio Building Code.
The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic, temporary or other signs within the City.
The display of official public notice, the flag, emblem or insignia of a political unit, or permitted temporary displays in connection with a charity drive, shall not be governed by the provisions of these regulations.
(2004 Code)
1154.03 DEFINITIONS AND REFERENCES.
(a) As used in this chapter, unless the context otherwise indicates;
(1) "Awning" means a projection from a building wall intended primarily for shelter or ornamentation and which can be retracted, folded or collapsed against the face of the supporting building.
(2) "Billboard" means a sign directing attention to a specific business, product, service, entertainment or other activity sold, offered or conducted elsewhere than upon the lot on which the sign is located.
(3) "Bulletin board sign" means an announcement sign directing attention and located on the premises of a public or semi-public institution or church.
(4) "Business sign" means a sign which directs attention to a business, profession, commodity or entertainment conducted, sold or offered upon the same lot.
(5) "Canopy" means a projection from a building wall intended primarily for shelter or ornamentation and typically constructed to include a top element (or cover) and front or side overhangs.
(6) "Erect" means to build, construct, attach, hang, place, suspend or affix, and also includes the painting of wall signs.
(7) "Facing" and "surface" means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.
(8) "Foreign attachments" means any sign made of paper, cardboard, wood, plastic or any similar substance on which advertising of a product, announcement of an event, including a garage sale or any other sale, a sign announcing the candidacy of a person or persons running for public office, or carrying a message regarding an issue in forthcoming election or primary.
(9) "Garage sale sign" means a sign advertising a public sale of personal property in the City.
(10) "Ground sign/planter sign" means any sign supported by uprights or braces attached to the ground and not attached to any building.
(11) "Hanging sign" means a hinged sign installed on an arm or spar, which sign is not, in addition, permanently fastened to an adjacent wall or upright pole.
(12) "Height" means the height above finished grade and refers only to ground (pole) signs unless otherwise indicated.
(13) "Illuminated sign" means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.
(14) "Marquee" means a projection from a building wall intended for the display of signs and, secondarily, for shelter or ornamentation, and typically constructed to include a top element (or cover) and a bottom element (or soffit) connected by vertical faces on three sides.
(15) "Other advertising structure" means any marquee, canopy or awning as further defined in subsections (a)(1), (5) and (14) hereof.
(16) "Pole sign/free standing sign" means a sign erected on a pole, poles or posts, which is wholly independent of any building for support which exceeds ten feet clearance above ground.
(17) "Political sign" means any sign, as defined herein, for the purpose of endorsement, support, advocacy or opposition to a candidate, or candidates, for political office or cause and/or issues at any general, primary or special election, on all levels of government.
(18a) "Portable sign" means any freestanding temporary sign which is designed to be moved and is not permanently attached to any part of a building or to the ground.
(18b) "Portable read-a-board sign" means any freestanding temporary sign which is designed to be moved and is not permanently attached to any part of a building; with or without wheels or on legs, with or without an arrow, with changeable letters.
(19) "Projecting sign" means a display sign which is attached directly to the building wall and which extends more than twelve inches from the face of the wall.
(20) "Real estate and development sign" means a sign directing attention to the promotion, rental, sale or lease of property on which it is located, or a sign indicating the name, owner or manager of a development.
(21) "Roof sign" means any sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building, with the principal support on the roof structure.
(22) "Seasonal sign/special display" means signs such as Christmas decorations or those used for an historic holiday, and installed for a limited period of time.
(23) "Sign" means any visual communication designed to be seen from an outdoor location and used to convey a message.
(24) "Sign panel" means a structural object or portion of structural object, including painted surfaces, designed to form a distinct background area or frame for display of a sign's information. However, an architectural frame or space integral to a building's design and not differentiated from the wall by color shall not be considered a sign panel.
(25) "Structural trim" means the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.
(26) "Temporary sign" means a sign intended for use for a limited period of time, including signs which announce special events or sales, political positions and the sale, rental or development of property.
(27) "Unit of a building" means a space occupying a portion of the ground floor of a building, containing an exclusive entrance from the building exterior, and separated from all other ground floor spaces by a party wall or walls. (Regulations referring to "building or unit thereof" shall apply to the building only if such building is not divided into units.)
(28) "Utility pole" means a pole or post with base in the ground, made of wood, metal or any other substance, owned by any utility or corporation franchise or contract with the City and which is used to carry cables or wires made of any substance or elements within the City.
(29) "Wall sign" means any sign painted on, attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.
(30) "Window sign" means any sign lettered directly on a window or placed on the inside of a window so as to be read from the outside. (The glass or clear plastic portion of an exterior door shall be considered a window for purposes of this definition.)
(31) "Zoning districts" herein refer to the districts established in the Zoning Code.
(2004 Code)
1154.04 SIGNS PROHIBITED.
(a) Animated Signs. No flashing, moving or animated signs, whether mechanical, electronic, or digital, shall be erected in such a fashion as to create a traffic hazard in the City, or in such a fashion as to cause unreasonable disturbance or annoyance in any contiguous residential district. For purposes of this section, a traffic hazard shall be deemed to be created if the flashing, moving or animated sign is positioned in such a fashion as to be in a driver’s direct line of sight ahead of a vehicle traveling normally within its lane, and is of such proximity, brightness or intensity that a reasonable, prudent driver would be substantially distracted by its operation.
(b) Roof Signs. No roof signs shall be erected in the City.
(c) Signs Painted. No signs shall be permitted to be painted on sidewalks, curbs or buildings.
(d) Marquees. No marquees shall be erected within the City.
(e) Billboards. No billboards shall be erected, enlarged or expanded in the City without permission from the Planning Commission and Council.
(f) Tree Lawn Signs. No sign of any kind may be placed in or upon any tree lawn of the City.
(Ord. 2011-144. Passed 9-6-11.)
(Ord. 2011-144. Passed 9-6-11.)
1154.05 PERMITS.
(a) Permit Required. No person shall erect, repair, alter, relocate or maintain within the City any sign or other advertising structure except those exempted in subsection (g) hereof without first obtaining a sign permit from the Building Inspector, and making payment of the fee required by this section, except that minor repairs or maintenance not involving structural changes may be permitted without first obtaining a permit.
(b) Application for Permit. Application for sign permits shall be made upon blanks provided by the Building Inspector and shall contain or have attached thereto the following information:
(1) The name, address and telephone number of the applicant;
(2) The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected;
(3) The position of the sign or other advertising structure in relation to nearby buildings or structures;
(4) One drawing, blueprint or ink, of the plans and specifications of each sign indicating all dimensions, materials, colors, type of lettering and means of attachment to the building or ground;
(5) The name of the person erecting the structure;
(6) Such other information as the Engineering Department shall require to show full compliance with this chapter and all other ordinances of the City.
(c) Referral of Application to Architectural Board of Review. Approval of the Architectural Board of Review shall be obtained before issuance of any permit required hereunder, if in the Harbor Historical District.
(d) Issuance of Permit. It shall be the duty of the Building Inspector, upon the filing of an application for a sign permit, to examine all required plans and specifications as well as the premises upon which the sign is to be placed. If it appears that the proposed structure is in compliance with all the requirements of this chapter and all other ordinances of the City the sign permit shall be issued. If the work authorized under the sign permit has not been completed within six months after date of issuance, the permit shall become null and void.
(2004 Code)
(e) Permit Fees. Every applicant, before being granted a sign permit, shall pay to the City a permit fee for each sign or other advertising structure regulated by this chapter, except those exempted by subsection (g) hereof as set forth below:
(1) Signs Generally
Billboards | $100/50 square feet + $2.00 square feet over 50 square feet |
Pole signs | 35.00 + $2.00/$100.00 val. |
Wall signs | 25.00 + $2.00/$100.00 val. |
Hanging signs | 25.00 |
Ground signs | 30.00 |
Bulletin boards | 30.00 |
Planter signs | 30.00 |
Political signs | 25.00 |
Awning/canopy | 25.00 + $.10 square feet |
Directional signs | 10.00 (4 square feet) |
Face changes only | 1/2 sign fee |
Portable read-a-board signs | 200.00 annual fee |
Window signs | 25.00 |
(2) Electrical Signs.
$10.00 basic fee | |
Lamps | 3.00 each light |
Neon tube | .25 per foot |
Canopy | .25 per square foot |
(3) Plastic Face Each (square feet).
1 to 12 | $4.00 |
13 to 24 | 6.00 |
25 to 50 | 10.00 |
51 to 75 | 12.00 |
76 to 100 | 16.00 |
101 to 150 | 20.00 |
151 to 200 | 35.00 |
201 to 300 | 50.00 |
No electrical sign fee to be charged if faces only changed. | |
(4) Sign permit fees may be waived for non-profit, religious, charitable or community organizations, as long as they are in compliance with all other regulations governing signs.
(Ord. 2010-99. Passed 7-19-10.)
(Ord. 2010-99. Passed 7-19-10.)
(f) Authority to Revoke. The Building Inspector is hereby authorized to revoke any permit issued by it upon failure of the holder thereof to comply with any provisions of this chapter. (2004 Code)
(g) Permit Exemptions. The permit provisions of this section shall not apply to the following signs:
(2) Nameplates, limited to the name and address of the resident, for one- and two-family dwellings provided that no such sign exceeds one square foot in area and that no more than two such signs are displayed per residence;
(3) Memorial signs or tablets, names of buildings and dates of erection, provided that such signs do not exceed two square feet in area;
(4) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such temporary, emergency or nonadvertising signs as may be approved by Council; and
(5) Seasonal signs/special displays. Special decorative displays used for holidays, public demonstrations or promotion of civic welfare or charitable purposes, when authorized by the municipal authorities, on which there is no commercial advertising, provided the City is held harmless for any damage resulting therefrom as provided in Section 1154.23 et seq.
(Ord. 2012-132. Passed 8-6-12.)
1154.06 NUMBER AND TYPE PERMITTED: NONRESIDENTIAL DISTRICTS.
In nonresidential districts, the number of permanent signs identifying the name and nature of an establishment shall be limited as follows. Other types of permanent signs are prohibited except by special use permit.
(a) General. Not more than two such signs shall be permitted for each building or unit thereof, except by special use permit.
(b) Sign Types. For each lot, not more than one such sign shall be displayed as a ground or pole sign. For each building or unit thereof, not more than one such sign shall be displayed as a projecting sign, if permitted. Furthermore, no use may display both a projecting sign and a ground or pole sign.
(c) Additional Ground Signs. Additional ground signs shall be permitted for each lot with a frontage of at least 120 feet, measured along the lot line providing principal access to the building(s) is on such lot. However, the total number of ground signs per lot shall exceed neither one per sixty feet of lot frontage nor one per unit of the building(s). Further, the minimum spacing between such signs shall be twenty-five feet.
(d) Exempt Signs. Signs indicating a direction or location to which pedestrian or vehicular traffic is requested to move, are permitted in addition to the above signs provided that such signs exceed neither four square feet in area nor four feet in height. The number of such signs shall be the minimum necessary as determined by the Planning Commission. In addition to other permitted signs, building identification wall or window signs of historic significance shall be permitted regardless of size. Such signs shall be considered of historic significance if in place for at least fifty years.
(e) Secondary and Rear Entrances. Additional signs shall be permitted for secondary and rear entrances as follows. Buildings or units thereof with a secondary customer entrance facing a second public street shall be permitted an additional wall or window sign not exceeding fifteen square feet in area. Buildings or units thereof with a rear entrance from a parking area shall be permitted an additional wall or window sign not exceeding six square feet in area. Such signs shall be located in proximity to the entrance and shall be limited in content to identifying the name and nature of the use.
(f) Upper Floor Uses. In Business Districts, any use located on the second floor of a building or above shall be entitled to one window sign identifying the name and nature of the business. Such sign shall be limited in size to two percent (2%) of the floor area and a maximum of twenty-five square feet. As an alternative, such upper floor uses may be identified on a directory wall sign as regulated in subsection (g) hereof.
(g) Uses Lacking Exclusive Access. Ground floor and basement uses which lack direct and exclusive exterior customer access and which are not identified on a ground or pole sign shall be entitled to signs only as permitted below. Each such use may display one wall or window sign identifying the use and its address and not exceeding two square feet in area. Multiple uses served by one entrance shall be identified by one directory wall or window sign not exceeding two square feet per use, plus two square feet for the building name, and not exceeding a maximum of twenty-two square feet.
(h) Bulletin Boards. One bulletin board displaying the name and activities of a church, temple, library, primary or secondary school, public facility or cultural-type institution shall be permitted as a free-standing or wall sign on the premises of such use provided that no such sign exceed twelve square feet in area. If free-standing, such sign shall be set back from each lot line a minimum distance of twenty feet and shall not exceed six feet in height. Free-standing bulletin boards shall be counted as are other ground and pole signs for purposes of subsection (b) hereof.
(i) Portable Read-A-Board Signs. A two hundred dollar ($200.00) annual fee with set backs same as ground signs shall be required for portable read-a-board signs.
(2004 Code)
1154.07 NUMBER AND TYPE PERMITTED: SINGLE-FAMILY AND MULTI-FAMILY DISTRICTS.
In single-family and multi-family residential districts, the number of permanent signs shall be limited as follows:
(a) Development Signs. Each Single-Family or Multi-Family development shall be permitted one sign, exceeding neither fifteen square feet in area nor six feet in height, identifying the name and address of the development. Such signs shall be permitted only as a ground sign in Single-Family Districts and as only a ground, wall or canopy sign in Multi-Family Districts.
(b) Building Identification Signs. In multi-family developments of two or more residential buildings, each building shall be permitted one wall, canopy or ground sign identifying the name and address of the building. Such sign shall exceed neither ten square feet in area nor four feet in height.
(c) Unit Identification Signs. In single-family developments, each dwelling unit shall be permitted one wall sign identifying the resident's name and address, and not exceeding one square foot in area.
(d) Exempt Signs. Signs indicating a direction or location to which pedestrian or vehicular traffic is requested to move, are permitted in addition to the above signs, provided that such signs exceed neither four square feet in area nor four feet in height. The number of such signs shall be the minimum necessary as determined by the Planning Commission (including handicapped signs, all types).
(2004 Code)
1154.08 WALL SIGNS: C-1, C-2, C-3, C-4, M-1, M-2.
Wall signs shall be permitted in any Parking District, Business District and Light Industry District, subject to the following limitation and requirements:
(a) Wall Openings. No wall sign shall cover, wholly or partially, any wall opening.
(b) Projection from Building. No wall sign shall project beyond the ends or top of the building wall to which it is attached, nor be set out more than twelve inches from the face of the building to which it is attached.
(c) Size Limitation. The overall surface of the sign may not exceed more than two square feet for every one foot of building width on which the sign is displayed. Building width is based upon that area utilized by the business requesting the sign.
(d) Construction. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
(e) Lighting. Lighting shall be permitted for wall signs provided that illumination is concentrated upon the sign, or internally illuminated, so as to prevent glare upon the street or adjacent property.
(f) Obstruction to Doors, Windows or Fire Escapes. No wall sign shall be erected, relocated or maintained so as to prevent free ingress to, or egress from any door, window or fire escape.
(g) Not permitted are more than one wall sign per building except that: a corner building may have one such sign per street frontage.
(2004 Code)
1154.09 PROJECTING SIGNS: C-1, C-2, C-3, C-4.
Projecting signs shall be permitted only in Commercial Districts, subject to the following limitations and requirements.
(a) Size Limitations. A projecting sign shall be limited in area to not more than sixteen square feet for each face. The maximum horizontal dimension shall be four feet. The maximum vertical dimension shall be four and one-half feet.
(b) Location. The lowest point of a projecting sign or part thereof shall be at least eight feet above a sidewalk or other walkway and at least fifteen feet above a driveway or private road. No projecting sign or part thereof shall extend nearer than two feet to a curb line. Also, no projecting sign shall extend a distance greater than two feet from the wall to which it is attached, measuring from the point of the sign nearest thereto.
(c) Construction. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon, any sign shall be safely and securely built or attached to the sign structure.
(d) Obstructions to Doors, Windows or Fire Escapes. No projecting sign shall be erected, relocated or maintained so as to prevent free ingress to, or egress from any door, window or fire escape.
(e) Lighting. Lighting shall be permitted for projecting signs, provided that illumination is concentrated upon the sign, or internally illuminated, so as to prevent glare upon the street or adjacent property.
(f) Erection. Projecting signs exceeding fifty pounds in weight shall not be attached to or supported by frame buildings nor the wooden framework of a building. No projecting sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign.
(2004 Code)
1154.10 GROUND SIGNS; PLANTER SIGNS; PORTABLE READ-A-BOARD SIGNS.
Ground signs shall be permitted in any Single-Family, Multi-Family, Commercial, Business or Light Industrial District, subject to the following limitations and requirements.
(a) Size Limitation.
(1) Ground signs/planter signs. Ground signs may be erected in the required front yard areas as follows or by special use permit. No ground sign may be more than eight feet in width or more than ten feet in height with an overall surface of no more than forty square feet per face. Ground signs may not exceed ten feet to the top edge of the sign from ground level. No flashing signs are permitted.
(2) Only one ground/planter sign, or pole sign may be allowed for each business establishment, except by special use permit.
(b) Location. Ground signs shall be located ten feet from the property line and ten feet from side lot lines. However, a ground sign which does not exceed four square feet in area and four square feet in height, and is situated within a landscaped area, may be located as close as eighteen inches to any property line and five feet to an interior side lot line. If such landscaped area is located within a parking area, it shall be bounded by curbing or other effective vehicular barriers and shall be sufficient in size so that all portions of the sign are set back at least eighteen inches from its perimeter. Direction signs as permitted in Sections 1154.06
(d) and 1154.07
(d) shall be set back from interior side lot lines at least five feet.
(c) Construction. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed upon, any sign shall be safely and securely built or attached to the sign structure.
(d) Lighting. Lighting shall be permitted for ground signs, provided that illumination is concentrated on the sign or internally illuminated so as to prevent glare upon the street or adjacent property.
(2004 Code)
1154.11 POLE SIGNS; FREE STANDING SIGNS STANDARDS: C-1, C-2, C-3, C-4, M-1, M-2.
Pole signs/free standing signs shall be permitted in Commercial and Industrial Districts.
Not permitted are more than one free standing sign per building except that: a corner building may have one such sign per street frontage; and where more than one business is in one building, a multiple sign advertising the various businesses may be permitted within the square footage allowed.
Only one pole or ground sign may be allowed for each business establishment except by special use permit.
No sign may block or hinder the view of any other existing sign within twenty-five feet of both sides of the proposed sign. No sign shall block or hinder any vehicle or pedestrian traffic or tend to cause a safety hazard of any type.
(a) Size Limitation. No pole sign may be more than twelve feet in width or more than thirty feet in height with an overall surface of no more than 300 square feet per face. The bottom edge of the sign shall be at least ten feet above ground level and the top edge shall be no more than forty-five feet above ground level. No flashing signs are permitted.
(b) Location. Pole signs may be erected in the required front yard areas as follows, or by special use permit.
(1) To be erected no less than ten feet from the edge of the sign to the front property line in all area except as follows:
A. At the northerly intersection of Center Street and Prospect Road and continuing westerly the entire length of Prospect Road to the westerly City limits, pole signs can be erected no less than one foot from the forward edge of the sign to the front property line.
(2) Where an established nonconforming building exists in the required front yard area, pole signs may be erected within one foot of the existing building.
(c) Construction. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to or superimposed on, any sign shall be safely and securely built or attached to the sign structure.
(d) Lighting. Lighting shall be permitted for pole signs, provided that illumination is concentrated on the sign or internally illuminated so as to prevent glare upon the street or adjacent property.
(Code 2004)
1154.12 AWNINGS AND CANOPIES: C-1, C-2, C-3, C-4, M-1, M-2.
Awnings and canopies are permitted in Commercial and Industrial Districts.
(a) Setback from Curb Lines. No awning or canopy shall be permitted to extend beyond a point two feet inside the curb line.
(b) Height Above Sidewalk; Awnings and Canopies. All awnings and canopies shall be constructed and erected so that the lowest portion thereof is not less than eight feet above the level of the sidewalk.
(c) Construction of Awnings. Awnings shall be constructed of cloth, metal or such other materials as may be approved by the Building Inspector. However all frames and supports shall be of metal. Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building lines shall not be permitted for awnings.
(d Construction of Canopies. Canopies shall be constructed of cloth or metal or such other materials as may be approved by the Building Inspector. The framework of all canopies shall be approved by the Building Inspector in compliance with the Building Code.
(e) Advertising. No advertising shall be placed on any awning or canopy, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space on the front and side portions thereof.
(f) Lighting. Lighting shall be permitted for awnings and canopies, provided that illumination is concentrated on the sign or internally illuminated so as to prevent glare upon the street or adjacent property.
(2004 Code)
1154.13 HANGING SIGNS.
Hanging signs shall be permitted only in Business Districts. No hanging sign may be more than twenty-four square feet except by special use permit.
(a) Setback from Curb Lines. Hanging signs which extend over the public right-of-way may not extend more than eight feet from the building nor in any case beyond a vertical plane two feet inside the curb line.
(b) Height. All hanging signs shall maintain at least eight feet from grade level to the bottom edge of the sign.
(c) Construction. All letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to, or superimposed upon, any sign shall be safely and securely built or attached to the sign structure.
(d) Advertising. No advertising shall be placed on any hanging sign, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space on the front and side portions thereof.
(e) Lighting shall be permitted for hanging signs, provided that illumination is concentrated on the sign or internally illuminated so as to prevent glare upon the street or adjacent property. No flashing or neon sign shall be permitted.
(2004 Code)
1154.14 TEMPORARY SIGNS.
(a) Political Signs. A political sign shall be deemed to be any sign defined as a political sign in Section 1154.03(a)(17) and/or any sign concerning any candidate, political party, issue, levy, referendum or other matter whatsoever eligible to be voted upon in any general, primary, or special election; or any sign advocating any type of political action or promulgating any political view or views. Political signs placed in residential districts shall be non-illuminated and have a maximum area of sixteen square feet per face and a maximum height of four feet. Political signs shall not be placed upon street signs, utility poles, within treelawns or within the dedicated right-of-way of any public street in the City of Ashtabula. Political signs shall not be placed in such a fashion as to create a significant obstruction of a driver’s view of approaching traffic at intersections. (Ord. 2012-133. Passed 8-6-12.)
(b) Garage Sale Signs. Any sign classified as a garage sale sign shall be no greater in size than three by three feet. No sign shall be placed on a public right-of-way or upon utility poles. No lighted sign shall be used. The sign shall be removed when the use for which the sign has been erected is completed. Signs are to be erected seventy-two hours prior and removed twenty-four hours after. Persons responsible are designated by address on the sign.
(c) Real Estate and Development Signs. Real estate signs and development signs shall be permitted as temporary, nonilluminated signs located on the subject property provided that such signs are displayed in compliance with the following regulations. Unless otherwise noted, such signs are permitted as ground, wall or window signs.
(1) Real estate signs; one- and two-family dwellings. One real estate sign advertising the sale or rental of property shall be permitted for each dwelling or vacant lot provided that such sign exceeds neither six square feet in area nor six feet in height. For attached single-family dwellings, such signs shall be restricted to window signs.
(2) Real estate signs: nonresidential uses. One real estate sign advertising the sale or rental of property shall be permitted for each nonresidential establishment provided that such sign exceeds neither twelve square feet in area nor six feet in height. For establishments which lack direct and exclusive ground floor access, such signs are permitted only as window signs.
(3) Development signs: one- and two-family dwellings. For subdivisions of seven lots or more and for attached single-family development of seven units or more, one sign announcing the development or availability of properties under construction shall be permitted provided that the sign exceeds neither twenty square feet in area nor eight feet in height and is set back at least five feet from each street right-of-way line. However, such sign may be a maximum of thirty-two square feet in area if set back at least fifteen feet from each street right-of-way line.
(4) Development signs; nonresidential and multi-family uses. One sign announcing the development or opening of multi-family or non-residential uses under construction shall be permitted for each lot provided that such sign exceeds neither twelve square feet in area nor six feet in height. Setback is ten feet from property line.
(5) Permit requirements. Permits for development signs shall be issued for a period not exceeding one year. Such permits may be renewed by the Planning Commission if construction is being diligently pursued and the sign is being well maintained.
(d) Temporary Signs on Public Property. Temporary signs, banners, etc., may be suspended over or placed upon public property by special permission of the City Manager. The purpose of such temporary signs shall be for civic or community affairs of a public or semi-public nature and not for private gain. A surety bond in an amount as may be determined by the City Manager and conditioned on the faithful observance of the provisions of this chapter, and which shall indemnify and save harmless the City from any and all judgments, costs or expenses which the City may incur or suffer by permitting the erection of any temporary signs as hereinbefore mentioned, may be required by the City Manager from the person desiring to erect or suspend such temporary sign. Alternatively, the City Manager may require a liability insurance policy, issued by an insurance company authorized to do business in the State, in lieu of such bond.
(2004 Code)
1154.15 GENERAL PROVISIONS.
(a) Signs Not to Constitute Traffic Hazard. No sign or other advertising structure as regulated by any of the provisions of this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device; or which make use of the words "stop", "look", "drive-in", "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.
(b) Advertising Matter. On permanent signs, advertising matter shall be restricted to include only the name, type and logo of the use displaying each sign, in addition to the name of the owner, proprietor or manager of such use.
(c) Measurement Standard. For ground (pole) signs with the two sides in parallel, back-to-back arrangement, only one side of the sign shall be included in the measurement of the area. Measurement for electric fees, includes both faces. In determining the location of a sign in relation to lot lines, distances shall be measured from the vertical projection of the lot line to the closest point on the sign. The height of a ground sign shall be measured to the top of the sign.
(d) Removal of Certain Signs. Any sign or illumination pole or structure now or hereafter existing which no longer advertises, or illuminates, a bona fide business conducted, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign, or illumination pole, may be found, within ten days after written notification from the Building Inspector. Upon failure to comply with such notice within the time specified in such order, the Building Inspector is hereby authorized to cause removal of such sign, or illumination pole and any expenses incident thereto shall be paid, by the owner of the building. (Ord. 2006-94. Passed 7-3-06.)
(e) Unsafe and Unlawful Signs. If the Building Inspector's inspection finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of any of the provisions of this chapter, notice shall be given in writing by the Building Inspector to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten days after such notice, such sign or other advertising structure may be removed or altered to comply by the Building Inspector at the expense of the permittee or owner of the property upon which it is located. The Building Inspector shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Building Inspector may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
(f) Nonconforming Signs. Signs made nonconforming by the adoption of the Code shall not be enlarged, structurally altered or reconstructed unless designed and arranged in compliance with this Code. Normal maintenance such as painting, cleaning or minor repair is permitted.
(g) Presumption of Responsibility. The owner or occupant of any premises upon which a violation of any of the provisions of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of any of the provisions of this chapter shall be deemed prima-facie responsible for the violations so evidenced and subject to the penalty provided therefor.
(h) Variances. All signs exceeding lot requirements, square footage, height and width requirements, or not conforming to setbacks shall require a special use permit approved by the Planning Commission. There is a fee of twenty dollars ($20.00) for the process. The Commission shall have the authority, by a majority vote of the members and without a public hearing to:
(1) Hear appeals from the decisions of the City Manager and to grant relief from those decisions; and
(2) To grant variances from the strict application of any provisions of this chapter, provided that such variances are in accordance with the general intent of this chapter.
(i) All billboards are by special use only and approval of Council.
(j) Nonconforming businesses or industries shall abide by sign regulations for C-1, C-2, C-3, C-4 (Commercial), M-1, M-2 (Industrial) Districts. Nonconforming means a building in a residential zone being used as a commercial use.
(k) The signs with definitions are the only ones allowed and no other type of commercial signage is allowed within the confines of the City limits.
(l) No industrial, commercial business or advertising sign shall be permitted on public rights-of-way which includes sidewalks.
(m) No flashing lights are permitted on any type of sign.
(n) All foreign attachments to utility poles are hereby prohibited without the express written consent of the utility owning the pole upon which it is placed. Violation of this section shall be a misdemeanor subject to a fine of not less than ten dollars ($10.00) or no more than one hundred dollars ($100.00) for each sign or violation and imposed on the person or persons or corporation cooperating in the violation. Such ordinance shall be passed under the police powers of the City, for such signs not only on poles at street corners but on any other pole along a street carrying vehicles. A pole may cause blockage of vehicular driver's vision and/or distraction of such driver from the road as he attempts to read such sign.
(o) Unlawful Signs.
(1) Egress obstructions. The Building Inspector shall notify the owner or lessee of the building or structure by registered mail whenever a sign is so erected as to obstruct free ingress to or egress from a required door, window, fire escape or other required exitway element.
(2) Projecting signs. A projecting display sign erected at other than right angles to the wall of a building or structure outside of the building line which extends above the roof cornice or parapet wall, or above the roof level when there is no cornice or parapet wall, and which obstructs access to the roof is deemed unlawful. Such signs shall be reconstructed or removed as herein required.
(3) Alley signs. No signs shall be permitted to project beyond public alley lot lines.
(2004 Code)
1154.16 MAINTENANCE.
The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.
(a) Maintenance. All signs for which a permit is or is not required, together with all their supports, braces, buoys and anchors, shall be kept in repair in accordance with the provisions of this chapter and related chapters; and when not galvanized or constructed of approved corrosion-resistive noncombustible materials shall be painted when necessary to prevent corrosion.
(b) Housekeeping. It shall be the duty and responsibility of the owner or lessee of every sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition.
(2004 Code)
1154.17 EXISTING SIGNS.
(a) Removing or Reconstructing Signs. No sign heretofore approved and erected shall be repaired, altered or moved, nor shall any sign, or any substantial part thereof, which is blown down, destroyed or removed, be re-erected, reconstructed, rebuilt or relocated unless it is made to comply with all applicable requirements of Sections 1154.06
through 1154.24
.
(b) Repair of Unsafe Signs. This section shall not be construed to prevent the repair or restoration to a safe condition as directed by the Building Inspector of any part of an existing sign when damaged by storm or other accidental emergency.
(2004 Code)
1154.18 ILLUMINATED SIGNS.
(a) Certificates. All electrically illuminated signs shall be certified as to electric wiring and devices by the Electrical Inspector having jurisdiction and all wiring and accessory electrical equipment shall conform to the requirements of the National Electrical Code.
(b) Limitations. Permits shall be issued for the erection or maintenance of illuminated signs within the limitations set forth in this chapter for the location, size and type of sign or outdoor display.
(c) Reflectors. Lighting reflectors may project eight feet beyond the face of the wall provided such reflectors are at least twelve feet above the sidewalk level; but in no case shall such reflectors project beyond a vertical plane two feet inside the curb line.
(d) When faces on any sign are changed and the electric wiring is not altered in any way, no electrical fee shall be charged for such face change.
(2004 Code)
1154.19 ZONING LAW.
Where more restrictive in respect to location, use, size or height or signs and outdoor display structures, the limitation of the zoning laws affecting required light and ventilation requirements and use of land shall take precedence over the regulations of the Building Code.
(2004 Code)
1154.20 APPROVED RULES.
1154.21 VIOLATIONS.
(a) Notice. The Building Inspector shall serve a notice of violation or order on the persons responsible for the erection, construction, alteration, extension or repair of a sign in violation of the provisions of the City ordinances, or in violation of a detailed statement or a plan approved thereunder, or in violation of a permit issued under the provisions of the ordinances; and the order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(b) Prosecution. If the notice of violation is not complied with promptly, the Building Inspector shall request of the City Solicitor to institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation or to require the removal or termination of the unlawful use of the sign in violation of the provisions of the City ordinances or of the order or direction made pursuant thereto.
(c) Abatement. The imposition of the penalties herein prescribed shall not preclude the City Solicitor from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a sign or to stop an illegal act, conduct or use of a sign in or about any premises.
(d) Stop-Work Order. Upon notice from the Building Inspector that work on any sign is being prosecuted contrary to the provisions of the City ordinances or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work may be resumed.
(2004 Code)
1154.22 CONTRACTOR'S LICENSE.
(a) No person shall perform any work or service for any person or for any government entity for compensation in or in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign in the City, or any work or service in connection with causing any such work to be done unless such person or his employer has first obtained a sign contractor's license from the Building Inspector and paid the license fees provided for by the City, or shall be represented by a duly licensed agent or subcontractor.
(b) Before any manufacturer can engage in the manufacturing of an electrical sign, he shall demonstrate the ability to issue the Underwriters' Laboratory electrical label pertinent to electric signs, electrical sign specification or some similar electrical labeling requirement.
(c) Application.
(1) An application for a license shall be made in writing upon blanks furnished by the Engineering Department, which application shall contain the following:
A. Name of such applicant;
B. The name under which such sign shop is doing business;
C. The name of the owner thereof;
D. If a partnership, the names of the partners thereof;
E. If a corporation, the names of the officers thereof;
F. The address of such sign shop;
G. The kind of work in which such shop is engaged; and
H. The length of time so engaged prior to the date of application.
(2) Nothing herein shall be construed to mean that any shop shall be required to secure separate licenses for each class of work mentioned.
(3) On the filing of such application and upon the payment of the registration fee and qualifying as herein provided, the Building Inspector shall issue to such applicant a license which shall bear the following:
A. A number, consecutive in order of issuance;
B. The date of issuance and expiration thereof;
C. The name and address of such shop or office; and
D. The name of the owner thereof.
(d) Expiration.
(1) The original registration fee and its subsequent annual renewal shall be for the year of registration or any fraction thereof.
(2) All licenses shall expire on December 31 of each year and may be renewed thereafter upon the payment of a renewal registration fee.
(3) If there is a lapse of over three months from the expiration of a registry renewal, the registration fee shall be as of an original application.
(4) Any such person, firm or corporation, his or its successors or assigns who are now engaged in a business in the City, which is regulated by the terms and conditions of this chapter, and certificate of registration, and has been so engaged continuously in the City in such business for a period of one year prior to the passage of this chapter, shall not be required to pay the original registration fee but shall be registered at the regular rate of the annual renewal fee.
(5) Fees.
Group I $25.00
Group II 75.00
(2004 Code)
1154.23 INDEMNIFICATION FOR INSTALLATION AND MAINTENANCE.
As a condition to the issuance of a business license as required by this Code, all persons engaged in the business of installing or maintaining signs which extend higher than ten feet above grade and/or which involve, in whole or in part, the erection, alteration, relocation or maintenance of a sign or other sign work in or over or within ten feet to the public right-of-way or public property is used or encroached upon by the sign installer, shall agree to hold harmless and indemnify the City, its officers, agents and employees, from any and all claims of negligence resulting from the erection, alteration, relocation and maintenance of a sign or other sign work insofar as this Code has not specifically directed the placement of a sign.
(2004 Code)
1154.24 INSURANCE.
Every applicant for a license to engage in business as described in 1154.22 shall, before such license is granted, file with the City a satisfactory certificate of insurance to indemnify the City against any form of liability in accordance with the following categorization, or shall be responsible through any agent or subcontractor:
(a) Group I. All applicants or agents providing the service of painting signs or graphics on walls, building surfaces, building fascias and windows, and/or erecting mounted flat surface signs and nonelectrical signs, shall indemnify the City against any form of liability to a minimum of one hundred thousand dollars ($100,000).
(b) Group II. All applicants or agents providing the service described in Group I and/or the service of fabricating and/or erecting any sign, other than as described in Group I, shall indemnify the City against any form of liability to a minimum of three hundred thousand dollars ($300,000).
The insurance shall be maintained in full force and effect during the term of business license and such insurance policy or certificate shall provide that the City be notified of any cancellation of the insurance ten days prior to the date of cancellation.
(2004 Code)
1154.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00) for each offense. Each day's continued violation shall constitute a separate offense.
(2004 Code)
CITY OF ASHTABULA
1155.01 CREATION OF SPECIAL DISTRICTS.
Special districts are created within the C-1, C-2, M-1 and M-2 Zoning Districts for the erection of signs. The signs shall conform with sign standards as provided in the respective zoning district.
(1980 Code 153.150)
1155.02 DISTRICT I.
District I shall begin at the northerly intersection of Center Street and Prospect Road and continue westerly the entire length of Prospect Road to the westerly City limits. All signs except billboards shall advertise only those products being sold on the same premises. Permitted signs are as follows:
(a) Pole Signs. To be erected no more than one foot from the forward edge of the sign to the front property line.
(b) Ground Signs. To be erected no more than ten feet from the forward edge of the sign to the front property line.
(c) Billboards. To be erected no more than twenty feet from the forward edge of the sign to the front property line.
(d) Wall Signs. To be erected no more than one foot away from the buildings.
(1980 Code 153.151; Ord. 7713)
1155.03 DISTRICT II.
District II shall begin at the intersection of Main Avenue and Lake Avenue and continue northerly the entire length of Lake Avenue excepting that portion of Lake Avenue designated as being part of the Harbor Restoration Project and the entire length of West Avenue. All signs shall except billboards shall advertise only those products being sold on the same premises. Permitted signs are as follows:
(a) Pole Signs. To be erected no more than ten feet from the forward edge of the sign to the front property line.
(b) Ground Signs. To be erected no more than ten feet from the forward edge of the sign to the front property line.
(c) Billboards. To be erected no more than twenty feet from the forward edge of the sign to the front property line.
(d) Wall Signs. To be erected no more than one foot away from the buildings.
(1980 Code 153.152; Ord. 7713)
1155.04 DISTRICT III.
(a) District III shall consist of the Harbor Historical District. The Regulations for signs in said district, as recommended by the Architectural Restoration & Review Board, and approved and adopted by the Ashtabula City Council, are as follows:
ASHTABULA HARBOR HISTORICAL DISTRICT SIGN REGULATIONS
1. Permit Required
2. Review Procedure
3. Review Package; Division of
Planning & Community Development
4. Number of Signs per Business
5. General Appearance
6. Colors
7. Permitted Sign Types
8. Awnings and Awning Signs
9. Ground Signs
10. Neon Signs
11. Prohibited Signs
12. Sign Illumination
13. Installation and Maintenance
14. Relocating Signs
15. Removal of Signs from a Closed
Business
16. Non-conforming Signs
17. Removal of Unsafe and Non-
Conforming Signs
18. Second Story Windows
19. Sidewalk Usage
20. Flags/Banners
21. Sandwich Signs
22. Temporary Signs on Public Property
1. Permit Required.
(a) The following are the requirements to be utilized, to the extent practicable, by the Architectural & Restoration Review Board (hereafter may be referred to as ARRB or Review Board) to determine appropriateness of signs displayed within the Ashtabula Harbor Historical District. They are intended to be used in conjunction with the City of Ashtabula Sign Ordinance (available at www.ci.ashtabula.oh.us Part 11 Planning and Zoning, Title Five, Chapter 1154). A careful reading of both documents is advised when planning signs for use in the Harbor District. In all cases, the Historic District Regulations shall take precedence over the City Sign Ordinance within the Historic District.
(b) Signs are one of the most prominent visual elements of a street. Well designed, properly placed signs can help build the positive image of a business and the Ashtabula Harbor Historical District.
(c) The Review Board considers the following during the review process:
(1) Sign Type, Location and Size, Materials Used, Colors, Lettering and Legibility
(2) Manner of Attachment to Structure, and Compliance with Sign Regulations
(Ord. 2016-82. Passed 6-20-16.)
2. Review Procedure.
(a) All signs placed within the Ashtabula Harbor Historical District shall comply with the requirements set by both the City of Ashtabula and the Harbor Architectural & Restoration Review Board. A City Sign Permit and a Certificate of Appropriateness from the Review Board are required to erect, alter, or relocate a sign within the Ashtabula Harbor Historical District. The following steps should be followed to obtain Review Board approval and a City sign permit within the Historical District.
(b) Obtain an Application for Review for the Harbor Historical District on line at http://cityofashtbula.com or at the Division of Planning & Community Development, 4717 Main Avenue, Ashtabula, OH 44004.
(c) Become familiar with these regulations and the City Sign Ordinance. The Division of Planning & Community Development and the Architecture Review Board can answer questions and concerns. Early inquiry can save time and money.
(d) Plan the design of the sign and prepare a Review Package. The Review Package shall consist of the following:
(1) Completed Application for Review
(2) A photo of the existing building elevation
(3) A photo showing existing building and adjacent buildings or landscape
(4) A drawing to scale showing the proposed sign and lettering
(5) Plan for colors to be used with paint charts or paint samples
(6) Specifications for sign material and/ or material sample
(7) A scale drawing showing the sign placement on the building or location.
(8) Detail plan or photo of type of hanger or support to be used.
(9) Schematic drawing of proposed lighting if applicable
(10) Other supporting information that may help review process
(Ord. 2016-82. Passed 6-20-16.)
3. Review Package; Division of Planning & Community Development.
(a) The Review Package will be reviewed by the City Division of Planning & Community Development for compliance with the applicable City Ordinances. The Review Package will then be referred to the Architectural & Restoration Review Board.
(b) The Review Package must be received by the Division of Planning & Community Development a minimum of seven (7) days prior to the next scheduled meeting of the Architectural Review Board.
(c) If the Review Package is not received at least seven days in advance, consideration of the application may be deferred until the next regular meeting of the Review Board.
(d) The Board will review the sign proposal at its meeting. It is desirable that the applicant attend the meeting to answer any questions that may be raised by the Board. Based on the material and information provided, the Review Board will review the proposal for compliance with the Sign Regulations for the Ashtabula Harbor Historical District.
(e) The Board will approve the sign proposal, suggest modifications which if incorporated could bring the sign into compliance, or disapprove. If the sign proposal is disapproved, the Board will convey its reasons for disapproval to the applicant, in writing, within five days. When approval is granted, the Architectural & Restoration Review Board will issue a Certificate of Appropriateness.
(f) Upon receipt of a Certificate of Appropriateness, the applicant may then apply for and receive a City Sign Permit and proceed with construction.
(Ord. 2016-82. Passed 6-20-16.)
4. Number of Signs per Business.
(a) Not more than three signs are permitted per storefront. This includes freestanding portable signs.
(b) Not more than one projecting sign per business.
(c) No new pole signs or ground signs shall be erected within the Harbor Historical District. Any existing pole or ground sign may be maintained by the current business it advertises but is non-conforming. It cannot be altered, reconstructed, or transferred to a new business without a variance.
(d) Buildings with a secondary customer entrance facing a second public street or a rear entrance from a parking area shall be permitted an additional wall or window sign not exceeding six square feet in area.
(e) Second Floor business use shall be identified by one window sign indicating the name and nature of the business. In addition, the first floor entrance door shall identify the name and address.
(f) Multiple uses served by one entrance shall be identified by one directory wall or window sign at the entrance. The building name and address shall not exceed two square feet. Each use listed should not exceed one square foot.
(Ord. 2016-82. Passed 6-20-16.)
5. General Appearance. On permanent signs, the name or logo of the business shall be emphasized and should cover at least 50% of the sign's total area. Other advertising matter should be limited to approximately 20% of the sign's total area, with 30% reserved as open space for legibility. (Ord. 2016-82. Passed 6-20-16.)
6. Colors. Colors used in the sign shall be part of the color palette approved by the Review Board. Black, white, gold leaf, and limited use of contrasting accent colors may also be permitted. Only flags/banners as described in the Flags/Banners section of these regulations are exempt from this requirement.
(Ord. 2016-82. Passed 6-20-16.)
7. Permitted Sign Types.
(a) Projecting Signs. A projecting sign is any sign attached to a building which extends at an angle from the face of the building. The following apply to projecting signs:
(1) The area of each face of the sign shall not exceed 8 square feet. The maximum horizontal dimension is 4 feet.
(2) The information and graphics on both sides shall be identical.
(3) The outer edge of a projecting sign shall be framed with raised molding or have a finished edge.
(4) The sign shall be hung at a 90 degree angle from the building.
(5) The bottom of the sign shall maintain at least an 8 foot pedestrian clearance from the sidewalk.
(6) The sign shall be hung at least six inches and not more than two feet from the wall.
(7) Visible frames and supports shall complement the sign and the building to which it is attached. Black iron is the preferred material. Brackets shall be designed so that they can be bolted into masonry joints to avoid damaging brick. Existing brackets shall be used when possible.
(9) The location of the sign on the building must be approved by the Review Board. The sign shall not obstruct another sign or architectural feature. In most cases it should be suspended between the bottom of the second story windowsill and the top of the door or windows on the first floor.
(b) Window Signs
(1) Window signs are often lettering and designs applied directly to the window glass. Applied lettering does not significantly block the view into or out of the storefront.
(2) Applied lettering should be done with a light color. Most storefront interiors appear dark during the day. This makes them an effective background for letters in pale shades or gold leaf. If the store interior is illuminated at night the lettering will still be legible in silhouette.
(3) Window signs can also be opaque, translucent, or transparent signboards hung from inside the window frame.
(4) Window signs shall be limited to 30% of the glass area of the storefront.
(c) Temporary Sign New Business. The Board may approve a temporary sign for a new business. Such a sign shall go through the review process and shall not remain in place more than 30 days unless a variance is requested and granted.
(d) Temporary Window Signs Advertising. Temporary signs in windows are discouraged. They give the storefront a cluttered and distracting appearance. Temporary window signs such as "Sale", "Clearance", or graphic signs such as red hearts for Valentine's Day may be placed without a permit under the following conditions:
(1) No such sign shall exceed 25% of the window area available, or six square feet, whichever is greater.
(2) No such sign shall remain in place more than 30 days.
(e) Wall Signs. A wall sign is a sign erected parallel to the surface of the outside wall of any building. The following apply to wall signs:
(1) An attached wall sign shall not be mounted more than one foot from the building.
(2) A wall sign shall not extend above the roofline or beyond the wall to which the sign is affixed.
(3) No wall sign shall cover or obscure wall openings or architectural details of the building.
(4) The overall surface of the sign shall not exceed more than two square feet for every one foot of building width on the wall where the sign is displayed.
(5) All attached wall signs shall be safely and securely anchored to the building without damaging brick or mortar. In no case may a wall sign be secured with wire, strips of wood, or nails.
(Ord. 2016-82. Passed 6-20-16.)
8. Awnings and Awning Signs. Historically appropriate awnings are permitted in the Harbor Historical District. Canvas is the historically correct material for awnings. The following shall apply to awnings and awning signs.
(a) The awning shall maintain a minimum clearance of eight feet above sidewalk level.
(b) No awning shall be permitted to extend more than six feet from the building.
(c) All frames and supports shall be metal. Every awning shall be securely attached to and supported by a building. Posts or columns beyond building lines shall not be permitted.
(d) Each awning shall be in compliance with the Building Code and attached in accordance with recognized engineering practices.
(e) No type of lighting shall be used with awning signs.
(f) Awnings shall be coordinated for color, pattern, and height with other nearby awnings.
(g) Information on an awning sign shall be limited to the business name and/ or logo.
(h) Awning signs shall be painted on or attached flat against the awning valance. They should not extend beyond the ends of the awning or above or below the valance.
(i) Graphics included in the awning sign may not exceed 10 inches in height.
9. Ground Signs. Ground Signs are not permitted in the National Register Area of Bridge Street. They may be permitted on other commercial property in the Harbor Historical District with a special use permit. They will be permitted on a case-by-case basis. These signs shall follow the same design criteria as other signs in the District and be in scale with their proposed surroundings. There shall be a clear and defined need for this type of sign that justifies its approval. See Ashtabula City Codified Ordinance Section 1154.10.
(Ord. 2016-82. Passed 6-20-16.)
10. Neon Signs.
(a) Neon signs were introduced to the United States in 1923, near the end of the 1888-1925 period the Harbor Historical District is trying to maintain. The Review Board has decided that a limited use of neon is appropriate. The following shall apply to the use of neon:
(b) Any business wishing to erect a neon business sign shall make a case for the historical appropriateness of that type of sign for that business.
(c) Neon "Open" signs may not exceed two square feet
(d) Trademark signs advertising a product must be limited to one per window frame and may not be hung so as to overlap other window signs or graphics.
(e) No blinking, flashing signs or lighting of any kind.
(Ord. 2016-82. Passed 6-20-16.)
11. Prohibited Signs.
(a) The following types of signs are not appropriate for the Ashtabula Harbor Historical District.
(b) Animated or flashing signs of any type
(c) Roof signs
(d) Billboards. No new billboards shall be erected. No existing billboard may be expanded or enlarged.
(e) Marquee or Canopy Signs
(f) Pole Signs
(g) Tree Lawn Signs
(h) Signs advertising a business or service not located on the premises
(Ord. 2016-82. Passed 6-20-16.)
12. Sign Illumination.
(a) Lighting requires careful planning. The type of lighting and the way it is provided will determine a sign's effectiveness, its perceived color, and its relationship to surrounding building materials. The following applies to sign illumination.
(b) Use of internally lit signs such as backlighted plastic are prohibited as inappropriate in the National Register District. Back lit signs may be approved outside the National Register Area if the design is appropriate for the storefront but are not encouraged.
(c) An external illumination used shall be provided by a continuous shielded light source that is installed to prevent direct light from shining onto the street or adjacent properties.
(d) Flashing or moving lights are prohibited.
(e) Size of fixture, type of bulb, and light level shall be scaled to the size of the sign and the surrounding architecture.
(f) The light source shall emit white light that renders objects in their true colors. Spot, track, overhang, gooseneck or wall lamps are all acceptable light sources.
(g) Individual fixtures shall be positioned three to four feet apart to provide even lighting and avoid clutter.
(h) Thematic fixtures such as carriage lamps are inappropriate.
(i) All electrically illuminated signs shall be certified as to electric wiring and devices by an electrical inspector having jurisdiction and all wiring and accessory electrical equipment shall conform to the requirements of the National Electric Code. (Ord. 2016-82. Passed 6-20-16.)
13. Installation and Maintenance.
(a) The installation of any sign shall not damage the building surface or architectural features.
(b) The owner or lessee of a sign is required to maintain the sign in a condition fit for its intended used and has a continuing obligation to comply with all City requirements for maintenance and safety.
(c) Whenever an approved sign is required to be removed for the purpose of repair or repainting, the same may be done without a permit or payment of fees provided that all the following conditions are met:
(1) There is no alteration or remodeling of the structure or the mounting of the sign.
(2) There is no change in any of the dimensions of the sign or its structure.
(3) There is no change in the colors or graphics.
(Ord. 2016-82. Passed 6-20-16.)
14. Relocating Signs. Any sign that is moved to another location either on the same or to other premises shall be considered a new sign and shall be reviewed for its appropriateness to its new location. (Ord. 2016-82. Passed 6-20-16.)
15. Removal of Signs from a Closed Business.
(a) Any sign which no longer advertises a bona fide business conducted upon the premises, or which no longer serves that purpose for which it was intended, shall be taken down and removed by the owner, agent or person having the use of the building or structure upon which such sign is found. In lieu of removing the sign, the sign face may be painted over to remove the defunct information but allow for reuse of the sign board by a new business at the location. The removal of the sign or old business information must be done within 10 days after written notification of the Zoning Inspector.
(b) Upon failure to comply with such notice, the Zoning Inspector is authorized to cause removal of such sign, and any expense incurred shall be paid by the owner of the building to which the sign is attached. The cost of removal shall become a lien upon the property until paid.
(Ord. 2016-82. Passed 6-20-16.)
16. Non-Conforming Signs.
(a) Any non-conforming permanent signs existing at the time these regulations take effect, which have been previously issued a valid sign permit by the City of Ashtabula, may remain in place until:
(b) More than 50% of the value of the sign has been destroyed or has been removed.
(c) When the use, to which the non-conforming sign is accessory is vacant for 90 consecutive days.
(d) Signs made non-conforming by the adoption of the regulations shall not be enlarged, structurally altered or reconstructed unless designed and arranged in compliance with this code. Normal maintenance such as painting, cleaning or minor repair is permitted.
(Ord. 2016-82. Passed 6-20-16.)
17. Removal of Unsafe and Non-Conforming Signs.
(a) If it be found that any sign is unsafe or insecure, or has been constructed, erected, or maintained in violation of the provisions made by the City of Ashtabula and the Architectural & Restoration Review Board, notice shall be given in writing by the Zoning Inspector to the business and/ or property owner. If the person deemed responsible fails to remove or alter the structure so as to comply with the standards required within 10 days after such notice, the sign shall be removed by the Zoning Inspector at the expense of the business or owner of the property upon which it is located and the sign permit revoked. The Zoning Inspector shall then refuse to issue a sign permit tore-hang or replace the sign until such costs are paid.
(b) The Zoning Inspector may remove any sign that is an immediate danger to persons or property without prior notice.
(Ord. 2016-82. Passed 6-20-16.)
18. Second Story Windows.
(a) All second floor window treatments shall be white or neutral in color or have a white liner/backing facing the exterior of the building.
(b) Any non-traditional window covering visible to the building exterior shall receive Review Board approval prior to installation.
(c) All window treatments shall be installed and maintained in a neat-appearing condition and fashion appropriate to the historical period (1888-1925).
(Ord. 2016-82. Passed 6-20-16.)
19. Sidewalk Usage.
(a) Any item that is to be placed on the sidewalk on a regular basis that is not merchandise shall be reviewed and approved by the Architectural & Restoration Review Board before it is placed.
(b) No Sign, furniture, or other goods belonging to a business shall extend on to the sidewalk more than six feet from the store front. A four foot right of way adjacent to the street curb shall be maintained for pedestrian safety and optimal use of parking.
(c) No banner, pendants, signs, balloons, or other objects of any kind shall be placed in or attached to flower containers, landscape areas, benches, trash receptacles, or utility poles.
(Ord. 2016-82. Passed 6-20-16.)
20. Flags/Banners.
(a) Banners/Pendants used to indicate that a business is open shall be a traditional flag style. They may be straight sided, angle burgees, horizontal burgees, or pennant shaped.
(b) They may be a solid color, two striped or three striped. Graphics are not necessary but shall be limited to the business logo, business symbol, or the word 'open'.
(c) These shall be displayed in a flag holder mounted at the same level as the top of the door frame. Such banners shall not exceed two feet by three feet. They shall not extend above the bottom sill of the second story windows. They shall be placed where they can hang freely without obstructing windows, entrances, or infringing on pedestrians.
(d) The flag of the United States of America may be displayed within the same size and placement limits.
(e) Single sided vertical stick banners such as razor flags, tear drop flags, feather flags, or similar style shall not be permitted.
(f) A Flag/ Banner shall only be used in addition to a permanent sign. It may not be the only business sign. Only one flag/banner per business shall be permitted. Its display shall be limited to hours of operation of the business.
(g) Flags/Banners meeting these requirements do not need a permit.
(h) Any flag/banner placed in violation of this section shall result in removal of the flag/banner and a citation will be issued.
(Ord. 2016-82. Passed 6-20-16.)
21. Sandwich Signs.
(a) A Sandwich Sign is a self-supporting A-shaped freestanding temporary sign with only two visible sides that is situated on a sidewalk adjacent to a business. A Sandwich Sign shall not exceed forty-two inches in total height and thirty inches in width.
(b) A Sandwich Sign shall only be used in addition to a permanent sign. It shall not be the only business sign.
(c) A temporary sign permit is required prior to the installation of the sign. Only one temporary sign permit is allowed per business. Permits are valid for one calendar year beginning January 1 and ending December 31.
(d) A drawing including dimensions, content, materials, and location of the sandwich board sign shall accompany the Application for Review. The design of the sign shall be stable for a variety of weather conditions and complement both the Historic District and the business it represents.
(e) The Architectural & Restoration Review Board shall approve the sign and issue a Certificate of Appropriateness before the sign shall be displayed. If a sign is displayed prior to obtaining a permit, the application may be denied.
(f) Sandwich Signs shall not be placed more than six feet from the front primary entrance of the business. Such signs may not be placed within four feet of the street curb.
(g) Sandwich Signs may not be situated in a manner that prevents free ingress or egress from any door.
(h) Attaching Sandwich Signs to structures, poles, or other objects is prohibited.
(i) Sandwich Signs shall not be displayed on public sidewalks if there is snow accumulation until the snow has been removed.
(j) Sandwich Signs shall only be displayed during business operation hours.
(k) No additional decoration or attachments may be added to the sign which extend beyond the sign borders.
(1) Sandwich Signs placed in violation of this section shall result in removal of the sign and the business's temporary sign permit denied for the remainder of that year. (Ord. 2016-82. Passed 6-20-16.)
22. Temporary Signs on Public Property. Temporary Signs, banners, etc. may be suspended over or placed upon public property by special permission of the City Manager. The purpose of such temporary signs shall be for civic or community affairs of a public or semi-public nature and not for private gain. See Section 1154.14 of the Codified Ordinances.
(Ord. 2016-82. Passed 6-20-16.)
1155.05 DISTRICT IV.
District IV shall consist of Main Avenue from Lake Avenue to West 44th Street and from Collins Boulevard to West 58th Street; and Center Street from Elm Avenue to Prospect Road. All signs except billboards shall advertise only those products being sold on the same premises. Permitted signs are as follows:
(a) Pole signs. To be erected no more than ten feet from the forward edge of the sign to the front property line.
(b) Ground signs. To be erected no more than ten feet from the forward edge of the sign to the front property line.
(c) Billboards. To be erected no more than twenty feet from the forward edge of the sign to the front property line.
(d) Wall signs. To be erected no more than one foot away from the buildings.
(e) Hanging signs. Hanging signs which extend over the public right-of-way may not extend more than eight feet from the building nor in any case beyond a vertical plane two feet inside the curb line. All hanging signs shall maintain at least ten feet from grade level to the bottom edge of the sign. No sign may be wider than six feet and no higher than four feet with an overall surface of twenty-four square feet. No flashing or neon signs shall be permitted.
(1980 Code 153.154; Ord. 7713)
1155.06 DISTRICT V.
District V shall consist of Main Avenue from West 44th Street to Collins Boulevard; and Center Street from Main Avenue to Elm Avenue; and Elm Avenue from Center Street to West 48th Street. Signs shall not be painted on walls of buildings. All external sources of illumination shall be shielded in such a way that only reflected light is visible. Animated or flashing lights are not permitted. No sign shall project above the roof of a building. Controls herein shall apply to all signs visible from the exterior of the building. All signs shall be submitted to the Planning Commission for review for stylized conformity. Permitted signs are as follows:
(a) Hanging Signs. Hanging signs which extend over the public right-of-way may not extend more than eight feet from the building nor in case beyond a vertical plane two feet inside the curb line. All hanging signs shall maintain at least ten feet from grade level to the bottom edge of the sign. No sign may be wider than six feet and no higher than four feet with an overall surface of twenty-four square feet. No flashing or neon signs shall be permitted.
(b) Wall Signs. To be erected no more than one foot away from the building.
(1980 Code 153.155; Ord. 7713)
CITY OF ASHTABULA
1157.01 QUALIFYING REQUIREMENTS.
Any parcel of land within the City containing not less than 500,000 square feet of contiguous space, eleven and forty-eight hundredths acres, shall qualify as a Planned Unit Residential District, so long as the following requirements are met:
(a) The use contemplated in the proposed area is compatible with the use of lands contiguous thereto.
(b) The applicant for a Planned Unit Residential District shall submit a preliminary development plan which shall include the following information:
(1) Name, address, owner and architect and engineer of the proposed development, and certification number of any such architect or engineer;
(2) A legal description of the entire parcel which is to comprise the unit district;
(3) Drawings of the unit designating the future street locations as well as existing streets and existing and future utilities locations and connections;
(4) Scaled designation and location of wooded areas, and recent aerial photographs of those areas, and isolated trees of six inches or more in diameter which the applicant plans to remove;
(5) Scaled contour lines at a minimum of five foot intervals;
(6) Existing structures indicating those that are to be removed and those that are to be retained in the unit;
(7) Designation of site plans, specifying the general location of all buildings, structures, other improvements, common open spaces, off-street parking facilities and number of spaces provided thereby, sidewalks, illuminated areas, all utilities, all streets with designation as to private and public streets, total number of dwelling units, proposed lot coverage of buildings and structures as reflected in a percentage of the total land available, and such other information as the City Engineer or his duly authorized agent may require; and
(8) The preliminary development plan may also set forth reasonable specific limits within which variations in execution of the plan may be permitted, provided that such variations shall not cause any of the following:
A. A change in the general character of the Planned Unit Residential District;
B. A substantial relocation of buildings, structures and other improvements, common open space, off-space, off-street parking facilities, sidewalks, illuminated areas, utilities or streets;
C. An increase in intensity in the use of land and buildings;
D. An increase in lot coverage of buildings and structures;
E. An increase in gross floor area of buildings; or
F. A reduction in approved open space.
(c) The applicant is to provide a proposed schedule of development indicating when construction is to begin, the stages of construction, and dates each stage shall be commenced and completed.
(d) The statement as to applicant's intention of selling or leasing all or a portion of the unit after the project is developed, conditions of sale, maintenance, deed restrictions and property owners' agreements contemplated, and financial disclosure statement if required by the Planning Commission.
(e) All roadways within the unit are to be dedicated as City streets and shall conform to specifications as required by the City Engineer, unless the Commission has required and approved an alternate proposal as to streets.
(f) All utilities whether public or private shall be established underground unless permission for above-surface installation has been granted by the Commission.
(g) Provision is made for ownership of all open space areas and nondedicated streets by an owner's association, nonprofit corporation or covenants that run with the land and which shall prevent these open spaces and nondedicated streets from becoming the maintenance obligations of the City, unless voluntarily assumed by the City.
(h) Plans for street lighting, which conform to the architectural type of the planned unit, and maintenance, repair and upkeep of which shall be the responsibility of organizations other than the City, unless voluntarily assumed by the City for approval by the Commission. The owner's representative shall submit photographs of the proposed street lights which are to be constructed, or drawings of the lights which are satisfactory to the City Engineer or his duly authorized agent.
(i) Lot areas per the dwelling unit are not to be reduced by more than forty percent (40%) of the minimum lot area required in an R-1 District. However, lot widths may be varied to allow for a variety of structural designs, subject to the approval of the Commission.
(j) All dwelling structures should, where practicable, abut a common open space and, where clusterings are designated, not more than ten house units shall exist contiguously.
(k) Height tolerance shall not exceed those of an R-1 District, except that for each foot of building height exceeding the maximum, the distance between such buildings and the side and rear property lines shall be increased by one foot.
(l) Off-dedicated street parking shall be designated but it shall not occur within fifteen feet of any residence.
(m) A minimum of twenty percent (20%) of the land to be developed in the unit shall be reserved for common open space and recreational facilities for residents or users of the unit.
(n) Applicant shall submit by plans, photographs or other visual aid evidence of the architectural styles which shall be required in the unit to assure against nonconformity, and such requirement of conformity shall be a covenant which shall run with the land.
(1980 Code 153.160; Ord. 8364)
1157.02 APPLICATION FOR AMENDMENT.
In the event that an applicant for a Planned Unit Residential District desires to amend the final development plan approved by Council, such applicant shall submit an application for amendment which shall include an explanation of the changes made to the previously approved final plan and specific information with respect to those items listed in Section 1157.01(b) which are to be changed by the amendment. Such an application for an amendment to a final development plan shall otherwise conform to the provisions of Section 1157.01. An applicant is not required to submit an application for an amendment with respect to variations in his final development plan which are permitted pursuant to Section 1157.01(b)(8).
(1980 Code 153.161; Ord. 8364)
1157.03 APPLICATION FOR ESTABLISHMENT OF DISTRICT.
(a) In order to apply for the establishment of a Planned Unit Residential District, an applicant shall submit to the Planning Commission an application in the form of a preliminary development plan conforming to the requirements of this Zoning Code. This application is and shall be treated as a proposed amendment to the Zoning Code. After considering the application, the Commission shall make a recommendation of approval or disapproval of the applicant's plan to Council, which shall then either approve, with or without modifications, or disapprove the application pursuant to Section 1109.05 through 1109.07. Any approval by the Commission shall require time limited developmental stages to be completed by the applicant.
(b) An applicant for a Planned Unit Residential District shall submit an application conforming to the requirements of this Zoning Code to the Commission not less than fifteen working days prior to the meeting of the Commission at which consideration of the application is desired. The Commission shall make a recommendation of approval, conditional approval or disapproval to Council within sixty days after the meeting at which the application is initially presented, unless the time for taking such action is extended by mutual agreement of the Commission and the applicant. In the event that the Commission should fail to approve, conditionally approve or disapprove the application within sixty days, the application shall be deemed approved in the form submitted, unless the applicant agrees in writing to an extension of time. (1980 Code 153.162; Ord. 8364)
1157.04 APPROVAL OF APPLICATION.
(a) Upon approval of the application by Council, the land shall be rezoned for use as a Planned Unit Residential District and all necessary changes shall be made to the Zoning Map. In the event that actual construction does not commence within two years from the date of approval of the application by Council, or within the time, less than the two years, that any developmental stage is required to be commenced by the time limited plans submitted by the applicant and approved by the Planning Commission, or within such extensions of time thereafter as are granted for good and reasonable cause by the Commission upon the written request of applicant, which request shall specify the cause for the delay in commencing construction, then the Commission shall initiate an amendment to the Zoning Code which would rezone the land in the district as it existed immediately prior to Council's approval of the application. In the event the Commission disapproves any application the Commission shall set forth, in writing to be attached to the application, the reason or reasons, in detail satisfactory to clearly identify such reason or reasons for disapproval. In the event the Commission conditionally approves any application, the Commission shall set forth in writing to be attached to the application the conditions upon which approval is granted. If within thirty days after conditional approval the applicant resubmits the application evidencing that all the conditions stated in writing attached to the application have been satisfactorily fulfilled, the resubmitted application shall be deemed approved. If any conditionally approved application is not resubmitted within thirty days, the application shall be deemed disapproved, unless the Commission in writing agrees to an extension of time for resubmitting the application.
(b) If any application is disapproved, the applicant, in addition to any other appropriate administrative or judicial remedy, may submit a new application or may amend the application pursuant to Section 1157.02.
(c) The application procedures hereinabove set forth may be supplemented by rules and regulations established by the Planning Commission and approved by Council with regard to consideration of the application, review by appropriate City departments, and public hearings.
(1980 Code 153.163; Ord. 8364)
1157.05 PERFORMANCE BOND REQUIRED.
(a) From time to time the applicant shall provide a surety bond or other source of warranty, such as a guarantee or letter of credit, that applicant shall complete the project as contemplated for each developmental state as set forth in the plan approved by the Planning Commission and Council, including the development of all common open spaces or public or common structures. This bond or source of warranty shall be acceptable to the City Solicitor and in an amount determined by the City Engineer or Acting City Engineer. This amount shall not exceed thirty-three and one-third percent (33 1/3%) of the estimated cost of construction of each developmental phase which is then under construction or which should then be under construction according to the developmental schedule set forth in applicant's plan. However, the bond or other warranty with respect to the development of all common open spaces or public or common structures shall be at a rate of one hundred percent (100%) of the estimated cost of completion of construction of same as determined from time to time by the City Engineer or the Acting City Engineer.
(b) The office of the City Solicitor shall require that the applicant shall provide that covenants of responsibility of completion of the project and conformance to the plan shall run with the land and these covenants shall govern the use, maintenance and continued protection of the planned unit.
(1980 Code 153.164; Ord. 8364)
1157.06 CONFORMANCE TO CODE REQUIRED.
1159.01 DEFINITIONS.
For the purpose of this Zoning Code, the following words and phrases shall have the following meanings ascribed to them respectively:
(a) "Sexually oriented businesses" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, nude model studio, or sexual encounter center, or massage parlor.
(b) "Adult arcade" means an establishment or place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to one or more persons, per machine, at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas", as described herein.
(c) "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations, which materials have, as their major or dominant theme, matter which depicts or describes "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia which are designed for connection with "specified sexual activities".
(d) “Adult Booth” means any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(e) “Adult material” means any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(2) Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
(f) "Adult motel" means a hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions with said materials having, as their major dominant theme, matters which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", as defined herein, and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions.
(g) "Adult motion pictures theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which materials have as their major or dominant theme, matters which are characterized by the depiction or the description of "specified sexual activities" or "specified anatomical areas", as defined herein.
(h) “Commercial establishment” means any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
(i) “Days” means calendar days, unless otherwise specifically set forth in this chapter.
(j) “Licensed premises” means the place or location described in the sexually oriented business establishment license where a sexually oriented business establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.
(k) “Licensee” means any person or entity that has been issued a sexually oriented business license pursuant to the provisions of this chapter.
(l) “Nude” or “state of nudity” means a state of dress or undress that exposes to view:
(1) Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not exposed; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(m) "Nude model studio" means any place which regularly has persons display "specified anatomical areas" to be photographed, filmed, or video taped by other persons who pay money or any other form of consideration for such service.
(n) "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fermentations, electrical or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation, or service related thereto, exposes "specified anatomical areas". The definition of "sexually oriented businesses" shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(o) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(p) “Reviewing departments” means The Planning Commission, The City Manager, Police Department, and Solicitor’s Office.
(q) "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration the following:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying "specified anatomical areas" or engaging in "specified sexual activities", as defined herein.
(r) “Semi-nude” means a state of dress or undress in which clothing covers no more than the human genitals, anus, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
(s) “Semi-nude” means a state of dress or undress in which clothing covers no more than the human genitals, anus, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
(t) “Sexually oriented business establishment” means any of the following commercial establishments, as defined herein:
(1) Adult Cabaret. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
A. Persons who appear nude or semi-nude.
B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
C. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(2) Adult Store. Any commercial establishment that:
A. Contains one or more adult booths;
B. As a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or
C. Has a segment or section devoted to the sale or display of adult materials.
(3) Adult Theater. Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(u) “Sexually oriented business establishment employee” means any individual, including entertainers, who work in or at, or render any services directly related to the operation of an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or, repairs, to the licensed premises.
(v) “Sexually oriented business establishment license” means a license issued for a sexually oriented business establishment pursuant to the provisions of this chapter.
(w) “Sexually oriented business establishment patron” means a sexually oriented business establishment employee, present in or at any sexually oriented business establishment at any time when such sexually oriented business establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
(x) “Specified anatomical areas” means any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(y) “Specified criminal act” means any unlawful, lewd, indecent, or immoral criminal conduct.
(z) “Specified sexual activities” means any of the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
(3) Masturbation, actual or simulated.
(4) Human genitals in a state of sexual stimulation, arousal, or tumescence.
(5) Excretory functions as part of or in connection with any of the activities set forth in subsection (z)(1) through (2) of this definition.
(2004 Code)
1159.02 ESTABLISHMENT AND CLASSIFICATION OF BUSINESSES REGULATED.
(a) Areas Permitted. The establishment of a sexually oriented business, as defined above, shall be permitted only in areas within the corporate limits of the City which are zoned M 2, Heavy Industrial, and shall be subject to the following restrictions:
(1) No person shall cause or permit the establishment of any sexually oriented business, as defined above, within 500 feet of any other such business.
(2) No person shall cause or permit the establishment of any sexually oriented business, as defined above, within 1,000 feet of any place of religious worship, school, boys' club, girls' club, or similar existing youth organization, public park or public building, or within 500 feet of any property zoned for residential or commercial use.
(3) No person shall, in addition to the above, cause or permit the establishment of any sexually oriented business without first securing all necessary permits and licenses and complying with all other requirements of the City of Ashtabula's, County of Ashtabula's and/or State of Ohio's Zoning Regulations, Health Regulations, Fire Code Regulations, and all building, electrical, structural, and plumbing regulations.
(b) Measurement of Distance. Distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as a part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, residential or commercial district, or residential or commercial lot.
(2004 Code)
1159.03 SEXUALLY ORIENTED BUSINESS LICENSES GENERALLY.
(a) Sexually Oriented Business License Required. A sexually oriented business license shall be required to establish, operate, or maintain a sexually oriented business within the city.
(b) Operation Without License Prohibited. It shall be unlawful for any person not having a current and valid sexually oriented business license to establish, operate, or maintain a sexually oriented business within the City at any time after the effective date of this section.
(c) Operation in Violation of License Prohibited. It shall be unlawful for any licensee to establish, operate, or maintain a sexually oriented business within the City except in the manner authorized by, and in compliance with, the provisions of this chapter and the licensee's sexually oriented business license.
(d) Content and Display of License. Every sexually oriented business license shall be provided by the City and shall, at a minimum, prominently display on its face the name of the licensee, the expiration date, and the address of the sexually oriented business. Every licensee shall display the license at all times in plain view in a conspicuous place on the licensed premises so that it can be easily seen and read at any time by any person entering the licensed premises.
(e) License Term. Sexually oriented business licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on the date of issuance and may be renewed only by making an application. Application for renewal should be made at least forty-five days before the expiration date.
(2004 Code)
1159.04 FORM AND SUBMITTAL OF LICENSE APPLICATION.
(a) Required Form. An application for a sexually oriented business license, or the renewal thereof, shall be made in writing to the City of Ashtabula Planning Commission on a form prescribed by the Planning Commission and shall be signed by:
(1) The applicant, if the applicant is an individual;
(2) At least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization; or
(3) By a duly authorized agent, if the applicant is a corporation.
Each application shall specifically identify the applicant and the licensed premises for which a sexually oriented business license is sought. Each initial or renewal application shall be accompanied by ten identical copies.
(b) Administrative Processing Fee. Every applicant for a sexually oriented business license shall pay an administrative processing fee in the amount of $100. The administrative processing fee shall in all cases be non-refundable.
(c) Required Information and Documents. Each application shall include the following information and documents:
Names of applicants.
(1) Individuals. The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
(2) Corporations. The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and of every person owning or controlling more than 50% of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Ohio; and the name of the registered corporate agent and the address of the registered office for service of process.
(3) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization. The applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
A. The general character and nature of the business of the applicant.
B. The location, including street address and legal description, and telephone number, of the premises for which the sexually oriented business license is sought.
C. The specific name of the business that is to be operated under the sexually oriented business license.
D. The identity of each fee simple owner of the licensed premises.
E. A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, and the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clear compliance with the provisions of this chapter. The requirements of this division shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this division shall not be deemed to be, and shall not be interpreted or construed to constitute, any other City approval otherwise required pursuant to applicable City ordinances and regulations.
F. The specific type or types of sexually oriented businesses that the applicant proposes to operate in the licensed premises.
G. A copy of each sexually oriented business license, liquor license, and gaming license currently held by the applicant or any of the individuals identified in the application.
H. The name of the individual or individuals who shall be the day-to- day, on-site managers of the proposed sexually oriented business.
I. Any application for a sexually oriented business license that does not include all of the information and documents required pursuant to this section shall be deemed to be incomplete and shall not be acted on or processed by the City. The City shall, within ten days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
(2004 Code)
1159.05 PROCESSING OF LICENSE APPLICATION.
(a) Upon the filing of an application for a sexually oriented business license with the Planning Commission, the application shall be referred to all appropriate City departments for investigation to be made on the information contained in the application. The application process shall be completed within 60 days from the date of the completed application. After the investigation, the Planning Commission shall issue a license unless the requirements set forth above are not met.
(b) Appeal. An applicant may appeal any decision of the Planning Commission denying an application to the Ashtabula City Council. The applicant must file the appeal with the Clerk of Council within 15 days after service of notice upon the applicant of the Planning Commission's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Planning Commission may submit a memorandum in response if the Commission so desires. After reviewing the memoranda, as well as the Planning Commissions written decision, if any, the City Council shall vote either to uphold or overrule the Planning Commission’s decision. City Council shall rule on the appeal within 60 days of its filing. All parties shall comply with the Planning Commission’s decision pending appeal. Judicial review may be made pursuant to Chapter 2506 of the Ohio Revised Code.
(2004 Code)
1159.06 STANDARDS FOR ISSUANCE OR DENIAL OF LICENSE.
(a) The City of Ashtabula Planning Commission shall issue a sexually oriented business license to an applicant if, but only if, the Planning Commission finds and determines all of the following based on the reports, investigations, and inspections conducted by the Planning Commission and any reviewing departments and on any other credible information on which it is reasonable for the Planning Commission to rely.
(1) All information and documents required by this chapter for issuance of a sexually oriented business license have been properly provided and material statements made in the application are true and correct.
(2) No person identified in the application has been convicted of, or pleaded nolo contendere to, any criminal act within five years immediately preceding the date of the application.
(3) No person identified in the application is overdue on payment to the city of taxes, fees, fines, or penalties assessed against or imposed on any such individual in connection with any sexually oriented business.
(4) The sexually oriented business and the licensed premises comply with all then-applicable building, health, and safety codes and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the City of Ashtabula Zoning Code.
(5) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the City Zoning Ordinance applicable to sexually oriented businesses, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed sexually oriented business establishment and its proposed operation are and shall be in compliance therewith.
(b) Denial. If the City of Ashtabula Planning Commission determines that the applicant has not met any one or more of the conditions set forth herein, then the Planning Commission shall deny issuance of the sexually oriented business license and shall give the applicant a written notification and explanation of such denial.
(c) License Deemed Issued. If the Planning Commission does not issue or deny the sexually oriented business license within 60 days after the properly completed application is submitted, then the sexually oriented business license applied for shall be deemed to have been issued. (2004 Code)
1159.07 INSPECTION BY THE CITY.
(a) Authority. City representatives and departments with jurisdiction shall periodically inspect all sexually oriented businesses as shall be necessary to determine compliance with the provisions of this chapter and all other applicable law.
(b) Licensee Cooperation. A licensee shall permit representatives of the City to inspect the licensed premises and the sexually oriented business establishment for the purpose of determining compliance with the provisions of this chapter and all other applicable law at any time during which the licensed premises is occupied or the sexually oriented business establishment is open for business.
(c) Interference or Refusal Illegal. It shall be unlawful for the licensee, any sexually oriented business employee, or any other person to prohibit, interfere with, or refuse to allow, any lawful inspection conducted by the City pursuant to this chapter or any other authority.
(d) Suspension or Revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the sexually oriented business license.
(2004 Code)
1159.08 CHANGE IN INFORMATION.
During the pendency of any application for, or during the term of, any sexually oriented business license, the applicant or licensee shall promptly notify the City of Ashtabula Planning Commission in writing of any change in any material information given by the applicant or licensee in the application for such license, including specifically, but without limitation, any change in managers of the sexually oriented business establishment or in the individuals identified in the application pursuant to this chapter; or if any of the events constituting grounds for suspension or revocation pursuant to this chapter occur.
(2004 Code)
1159.09 REGULATIONS APPLICABLE TO ALL SEXUALLY ORIENTED BUSINESSES.
(a) General Compliance. All licensed premises and sexually oriented business establishments shall comply with the provisions of this chapter, and with the provisions of all other applicable City ordinances, resolutions, rules, and regulations and all other applicable federal, state, and local laws.
(b) Hours of Operation.
(1) No sexually oriented business establishment shall be open for business at any time on any State of Ohio or federal holiday.
(2) No sexually oriented business establishment shall be open for business between the hours of 2:00 a.m. and 11:00 a.m. on any day.
(c) Animals. No animals, except seeing eye dogs required to assist the blind, shall be permitted at any time at or in any sexually oriented business establishment or licensed premises.
(d) Restrooms. All restrooms in sexually oriented business establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restrooms of a sexually oriented business establishment. Separate male and female restrooms shall be provided for and used by sexually oriented business establishment employees and patrons.
(e) Restricted Access. No sexually oriented business establishment patron shall be permitted at any time to enter into any of the non-public portions of any sexually oriented business establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of sexually oriented business employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises. These persons shall remain in the non-public areas only for the purposes and to the extent and time necessary to perform their job duties.
(f) Specific Prohibited Acts.
(1) No sexually oriented business employee or any other person at any sexually oriented business establishment, other than a sexually oriented business employee employed to provide adult entertainment in accordance with the regulations in this chapter shall appear, be present, or perform while nude or semi-nude; further, no such employee shall appear, be present, or perform while nude at any sexually oriented business establishment that serves or provides alcoholic liquor pursuant to a license issued by the State of Ohio.
(2) No sexually oriented business employee or any other person at any sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any sexually oriented business patron or any other person at any sexually oriented business establishment, or any other sexually oriented business employee, or any other person. No sexually oriented business establishment patron or any other person at any sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any sexually oriented business establishment employee or patron or any other person.
(g) Exterior Display. No sexually oriented business establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of a sexually oriented business establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to this chapter with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.
(h) Noise. No loudspeakers or sound equipment audible beyond the licensed premises shall be used at any time.
(i) Manager's Station. Each sexually oriented business establishment shall have one or more manager's stations. The interior of each sexually oriented business establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any sexually oriented business establishment patron is permitted access for any purpose.
(j) Alcohol Prohibition. No sexually oriented business establishment that serves or otherwise provides alcoholic liquor pursuant to a liquor license shall provide or allow sexually oriented business establishment employees that appear, are present, or perform while nude.
(2004 Code)
1159.10 SPECIAL REGULATIONS FOR ADULT ARCADES.
(a) Prohibited Except in Adult Stores. Adult arcades shall be prohibited in all sexually oriented business establishments except adult stores.
(b) Occupancy and Prohibited Acts. Only one individual shall occupy an adult booth at any time. No individual occupying an adult booth shall engage in any specified sexual activities. No individual shall damage or deface any portion of an adult arcade.
(c) Open Booth Requirement. In addition to satisfying the manager station requirements of this chapter, all adult stores containing adult arcades shall be physically arranged in such a manner that the entire interior portion of each adult booth shall be visible from the common area of the adult store. To satisfy this requirement, there shall be a permanently open and unobstructed entranceway for each adult booth and for the entranceway from the area of the adult store that provides other adult materials to the area of the adult store containing the adult booths. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the adult store containing the adult booths or any person situated in an adult booth. It shall be unlawful to install adult booths within a sexually oriented business establishment for the purpose of providing secluded viewing of adult materials or live performances.
(d) Aisle Required. There shall be one continuous lighted main aisle alongside the adult booths provided in any adult store. Each person situated in a booth shall be visible at all times from the aisle.
(e) Holes Prohibited. Except for the open booth entranceway, the walls and partitions of each adult booth shall be constructed and maintained of solid walls or partitions without any holes or openings whatsoever.
(f) Signage. A sign shall be posted in a conspicuous place at or near the entranceway to each adult booth that states:
(1) That only one person is allowed in an adult booth at any one time,
(2) That it is unlawful to engage in any specified sexual activities while in an adult booth, and
(3) That it is unlawful to damage or deface any portion of an adult booth.
(g) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult booth or licensed premises that includes an adult booth shall be under the age of 18.
(2) No person under the age of 18 shall be admitted to any adult booth or any licensed premises that include an adult booth.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult booth or at any licensed premises that includes an adult booth.
(4) No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult booth or any licensed premises that includes an adult booth.
(2004 Code)
1159.11 SPECIAL REGULATIONS FOR ADULT CABARETS.
(a) Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the adult cabaret so that all objects are plainly visible at all times. A minimum lighting level of not less than 30 lux horizontal, measured at 30 inches from the floor and on 10- foot centers shall be maintained at all times for all areas of the adult cabaret where sexually oriented business establishment patrons are admitted.
(b) Notice of Select Rules. A sign at least two feet by two feet, with letters of at least one inch high shall be conspicuously displayed on or adjacent to every Cabaret Stage stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF ASHTABULA. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
For adult cabarets with a liquor license, the following rule shall also be included in the sign required by this subsection:
ENTERTAINERS ARE NOT PERMITTED TO APPEAR IN A STATE OF NUDITY.
(c) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult cabaret or a licensed premises used for an adult cabaret shall be under the age of 21.
(2) No person under the age of 21 shall be admitted to any adult cabaret or to any licensed premises used for an adult cabaret.
(3) No person under the age of 21 shall be allowed or permitted to remain at any adult cabaret or any licensed premises used for an adult cabaret.
(4) No person under the age of 21 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult cabaret or any licensed premises used for an adult cabaret.
(2004 Code)
1159.12 SPECIAL REGULATIONS FOR ADULT STORES.
(a) Windows. Window areas for adult stores shall not be covered or obstructed in any way.
(b) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult store or a licensed premises used for an adult store shall be under the age of 18.
(2) No person under the age of 18 shall be admitted to any adult store or to any licensed premises used for an adult store.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult store or any licensed premises used for an adult Store. No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult store or any licensed premises used for an adult store.
(2004 Code)
1159.13 SPECIAL REGULATIONS FOR ADULT THEATERS.
(a) Seating. Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
(b) Aisle. Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.
(c) Sign. Each adult theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area.
(d) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult theater or a licensed premises used for an adult theater shall be under the age of 18.
(2) No person under the age of 18 shall be admitted to any adult theater or to any licensed premises used for an adult theater.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult theater or any licensed premises used for an adult theater.
(4) No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult theater or any licensed premises used for an adult theater.
(2004 Code)
1159.14 LICENSEE RESPONSIBILITY FOR EMPLOYEES.
Every act or omission by a sexually oriented business establishment employee constituting a violation of the provisions of this chapter shall be deemed to be the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, or as a result of the licensee's negligent failure to supervise the sexually oriented business establishment employee. The licensee shall be punished for any such act or omission in the same manner as if the licensee committed the act or caused the omission. Accordingly, any such act or omission of any such employee constituting a violation of the provisions of this chapter shall be deemed, for purposes of determining whether the licensee's sexually oriented business establishment license shall be revoked, suspended, or renewed, to be the act or omission of the licensee.
(2004 Code)
1159.15 LICENSE REVOCATION OR SUSPENSION.
(a) Grounds. Pursuant to the procedures set forth in this section, the City of Ashtabula Planning Commission may suspend for not more than 30 days, or revoke, any sexually oriented business establishment license if the Commission, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) The licensee has violated any of the provisions or requirements of this chapter or the sexually oriented business establishment license issued pursuant hereto, or the provisions of the City Zoning Code applicable to the licensed premises or the sexually oriented business establishment.
(2) The licensee:
A. Knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the City for the issuance or renewal of any sexually oriented business establishment license or
B. Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee's behalf.
(3) The licensee has committed a felony or specified criminal act on the licensed premises.
(4) The licensee authorizes, approves, or, as a result of the licensee's negligent failure to supervise the licensed premises or the sexually oriented business establishment, allows a sexually oriented business establishment employee, a sexually oriented business establishment patron, or any other person to:
A. Violate any of the provisions or requirements of this chapter or of the provisions or requirements of the sexually oriented business establishment license issued pursuant hereto, or
B. Commit any felony or specified criminal act on the licensed premises.
The licensee, or any person identified in this chapter becomes disqualified for the issuance of a sexually oriented business establishment license at any time during the term of the license at issue.
(b) Procedure. A sexually oriented business establishment license may be suspended for not more than 30 days or revoked pursuant to the terms and conditions set forth in this division.
(1) Notice. Upon determining that one or more of the grounds for suspension or revocation under subsection (a)(1) hereof may exist, the Planning Commission shall serve a written notice on the licensee in person or by certified mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. The written notice shall, at a minimum:
A. State that the Planning Commission has determined that the sexually oriented business establishment license may be subject to suspension or revocation pursuant to this chapter;
B. Identify the specific grounds for the Planning Commission's determination; and
C. Set a date for a hearing regarding the Planning Commission's determination as to the possibility of suspension or revocation of the sexually oriented business establishment license.
The date of the hearing shall be no less than 5 days after service of the Planning Commission's notice, unless an earlier or later date is agreed to by the licensee and the City Planning Commission.
(2) Hearing. The hearing shall be conducted by the City Planning Commission. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Planning Commission for suspending or revoking the license and the City and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the sexually oriented business establishment pursuant to this chapter shall be made part of the hearing record. Within three days after the close of the hearing, the Planning Commission shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Planning Commission shall be final and shall be subject to judicial review.
(3) Notice and Effective Date of Suspension or Revocation. The City Planning Commission's written decision shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. Any suspension or revocation, as the case may be, shall take effect on the day that the City Planning Commission's written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this subsection.
(4) Surrender of License. Upon the suspension or revocation of sexually oriented business establishment license pursuant to this chapter, the Planning Commission shall take custody of the suspended or revoked license.
(2004 Code)
1159.16 ADMINISTRATIVE RECORD.
The City of Ashtabula Planning Commission shall cause to be kept in the Commission’s office an accurate record of every sexually oriented business establishment license application received and acted on, together with all relevant information and material pertaining to such application, any sexually oriented business establishment license issued pursuant thereto, and any sexually oriented business establishment operated pursuant to such sexually oriented business establishment license. (2004 Code)
1159.17 RECORDKEEPING BY LICENSEE.
The licensee of every sexually oriented business establishment shall maintain a register of all of its sexually oriented business establishment employees. For each such employee, the register shall include the following information:
(a) Legal name.
(b) Any and all aliases.
(c) Date of birth.
(d) Gender.
(e) Social security number.
(f) Date of commencement of employment.
(g) Date of employment termination, if applicable.
(h) Specific job or employment duties.
(2004 Code)
The register shall be maintained for all current employees and all employees employed at any time during the preceding 36 months. The licensee shall make the register of its sexually oriented business establishment employees available for inspection by the City immediately upon demand at all reasonable times.
(2004 Code)
1159.18 NUISANCE DECLARED.
Any sexually oriented business establishment established, operated, or maintained in violation of any of the provisions or requirements of this chapter or of any sexually oriented business establishment license shall be, and the same is, declared to be unlawful and a public nuisance. The City may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining a sexually oriented business establishment contrary to the provisions of this chapter.
(2004 Code)
1159.19 COMPUTATION OF TIME.
Unless otherwise specifically set forth in this chapter, the time within which any act required by this chapter is to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a Federal or State of Ohio holiday, in which case it shall also be excluded. If the day immediately following such Saturday, Sunday, or holiday is also a Saturday, Sunday, or holiday, then such succeeding day shall also be excluded.
(2004 Code)
1159.20 OTHER LAWS AND ORDINANCES.
Nothing herein expressed shall condone any conduct and/or activity which violates federal, state, and/or City laws and ordinances prohibiting obscenity, sex offenses or any other criminal conduct or activity; nor shall this chapter forbid prosecution for such criminal conduct and/or activity.
(2004 Code)
1159.99 PENALTY.
Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of any of the provisions or requirements of this chapter or of any of the provisions or requirements of any sexually oriented business establishment license, shall be fined not more than $500 for each such violation. Each day that such violation continues shall constitute a separate offense. The City of Ashtabula Planning Commission shall give written notice to any such person of any such violation and the fine imposed by serving a citation in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application.
(2004 Code)
CITY OF ASHTABULA
1161.01 DEFINITIONS.
For the purpose of this Zoning Code, the following words and phrases shall have the following meanings ascribed to them respectively:
(a) "Collocation" means the use of an existing structure, including an existing wireless telecommunications facility and not including buildings or edifices.
(b) "Lattice tower” or “self-supporting tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(c) "Monopole" means a support structure constructed of a single, self-supporting, hollow metal tube securely anchored to a foundation.
(d) "Open space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(e) "Telecommunications" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(f) “Tenant improvement” means the location or installation of wireless telecommunications equipment and antennas on an existing building or edifice.
(g) "Wireless telecommunications antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(h) "Wireless telecommunications shelter" means the structure in which the electronic equipment for a wireless telecommunications facility is housed.
(i) "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(j) "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed and lattice construction steel towers.
(2004 Code)
1161.02 GENERAL REQUIREMENTS.
The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located.
(a) When the proposed wireless telecommunications facility is to include a new tower, a plot plan shown to scale shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility.
(b) The location of the tower and equipment shelter shall comply with all natural resource protection standards established in this Zoning Code, including those for floodplain, wetlands, and steep slopes. Additionally, the location shall comply with all applicable state and federal laws and regulations pertinent thereto.
(c) Security fencing eight feet in height shall surround the tower, equipment shelter and any guy wires, either completely or individually, as determined by the Planning Commission.
(d) A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facilities, the public rights-of-way, residential zoning districts, and any adjacent residential uses. The ten-foot landscape buffer shall consist of a tight screen of hardy evergreen shrubbery not less than six feet in height.
(e) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(f) Any applicant requesting permission to install a new tower shall provide evidence that it is not technically feasible to collocate on an existing tower (if available) within a three mile radius. Evidence may be requested in the form of radio frequency (RF) propagation maps and/or any other means of demonstration as may be required.
(g) Any application to locate an antenna on a building or structure that is listed on a historic register or is in a local historic zoning district shall be subject to review by the City’s Architectural Review Board or Building Inspector if there is no such review board.
(h) No advertising is permitted anywhere on the facility, with the exception of identification signage.
(i) “No Trespassing” signs shall be posted around the facility in addition to contact information in the event of an emergency.
(j) Any decision to deny a request to place, construct, or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in written record of the proceedings of the Planning Commission.
(k) A proposed new tower in nonresidential zoning district shall not be located within 500 feet from any residential zoning district or from any residentially used property.
(l) The owner of any proposed telecommunications facility shall design the facility to accommodate additional tenants and agree to allow other telecommunications facilities to be located at and on the proposed facility.
(m) The owner of any proposed wireless telecommunications facility shall provide a permanent easement from a public right-of-way thereby maintaining access to the facility regardless of other developments that may take place on the site.
(n) All applicants shall submit any and all necessary documents pertinent to the development of the wireless telecommunications facility to the City which shall be prepared by a professional engineer licensed in the State Of Ohio. These documents may include, but are not limited to site plans, tower drawings including foundations, building plans, structural design calculations, topographic plans, soils reports and any other technical material and data the City deems necessary to make a proper evaluation of the proposed wireless telecommunications facility.
(o) If at any time the use of the facility is discontinued for 180 days, the City may declare the facility abandoned. The facility’s owner/operator will upon “notice” from the City reactivate the facility’s use within 180 days, or shall dismantle and remove the facility and relandscape. Failure to comply with said “notice” shall be cause for the City to declare the facility a public nuisance.
(2004 Code)
1161.03 MINIMUM LOT SIZE.
Wireless telecommunications facilities located within the City are subject to the following requirements regarding minimum lot size:
(a) Where a telecommunications facility is located on lots of record independent of other uses, the minimum lot area shall be 10,000 square feet; the minimum street frontage shall be 75 feet.
(b) Where a wireless telecommunications facility is located on parcels with another use, the minimum lot area shall be the area needed to accommodate the tower, equipment buildings, security fence and required screening, and shall comply with all other conditions of this section. If the title to the land on which the wireless telecommunications facility is located is conveyed to the owner of the wireless telecommunications facility, the land remaining with the principal lot shall continue to comply with the minimum lot area required for the zoning district.
(2004 Code)
1161.04 MINIMUM YARD REQUIREMENTS.
Wireless telecommunications facilities located within the City are subject to the following minimum yard requirements:
(a) No tower shall be located closer to an existing structure than the height of the tower, nor closer than 500 feet to any residential zoning district.
(b) No wireless telecommunications facility shall be located closer than 1000 feet to an existing or proposed wireless telecommunications facility.
(c) Minimum dimensions of yards for accessory and equipment building for facilities located on vacant lots of record independent of other uses shall be as follows:
Front yard – 50 feet; Rear yard – 20 feet; Side yard – 10 feet
For facilities to be located on lots with another permitted use, the proposed telecommunications facility, including the tower and any equipment shall conform with yard requirements set forth for the zoning district in which the facility is to be located.
(2004 Code)
1161.05 MAXIMUM HEIGHT.
Wireless telecommunications facilities located within the City are subject to the following requirements regarding maximum allowable height:
(a) Tower – 200 feet maximum height from ground level at the base of the tower.
(b) Equipment buildings – 30 feet maximum height from ground level and buildings shall not exceed 1000 square feet in area.
(c) Tenant improvement – 20 feet or 20% of the building height of the existing building or edifice, whichever is greater.
(2004 Code)
1161.06 TOWERS.
Wireless telecommunications facilities that include the installation of a tower are subject to the following:
(a) Zoning compliance is determined in accordance with the following:
Industrial Zoning Districts | Commercial Zoning Districts | Residential Zoning Districts | City-owned Property |
(b) Monopole, guyed, and lattice construction steel towers are permitted tower types for facilities located within the City.
(c) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(d) No tower 150’ in height and under shall be artificially lighted except to assure safety or as required by the FAA. Any tower above 150’ in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.
(2004 Code)
1161.07 COLLOCATION.
Collocation applications to place antennas on existing structures within the City are subject to the following:
(a) Zoning compliance is determined in accordance with the following:
Industrial Zoning Districts | Commercial Zoning Districts | Residential Zoning Districts | City-owned Property | |
Collocation on an existing telecommunications facility | ||||
Tenant Improvement |
(b) For tenant improvement installations, if the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, or attached to, the building), the shelter shall comply with the following:
(1) The minimum setback requirements for the subject zoning district.
(2) A buffer yard may be planted in accordance with Section 1161.02.
(3) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
(4) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.
(2004 Code)
1161.08 PARKING.
Wireless telecommunications facilities located within the City are subject to the following regarding parking:
(a) The storage of automobiles, trucks, construction equipment or other motorized equipment is prohibited on the grounds of the facility unless they are required as part of a construction, maintenance, or improvement process.
(b) A gravel vehicular access to the facility shall be provided. Required access shall not interfere with parking and/or vehicular circulation required for the principal use on parcels with another permitted use.
(2004 Code)
CITY OF ASHTABULA
1163.01 GENERAL REQUIREMENTS.
Home occupations shall be permitted in all zones, provided the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.
(2004 Code)
1163.02 CONDITIONS.
Any professional or business activity, except those listed in Section 1163.03 as not suitable as a home occupation, is permitted in a dwelling unit as a home occupation only where such a use in a dwelling unit meets all of following criteria:
(a) The home occupation shall not exceed 15 percent of the floor area of the primary structure.
(b) Other that those related by blood, marriage or adoption, not more that one person may be employed in the home occupation.
(c) Inventory and supplies shall not occupy more than 50 percent of the area permitted to be used as a home occupation.
(d) There shall be no exterior display or storage of goods on said premises.
(e) Home occupations involving beauty shops or barber shops shall require a conditional use permit.
(f) Sales and services to patrons shall be arranged by appointment and scheduled so that not more than three patron vehicles are on the premises at the same time.
(g) Two additional parking spaces shall be provided on the premises, except only one need be provided if the home occupation does not have an employee. Said parking shall comply with parking requirements set forth in Chapter 1149 of the City of Ashtabula Planning and Zoning Code.
(h) The home occupation will not endanger public health, safety, comfort, or general welfare.
(i) The home occupation will not produce objectionable noise, vibration, smoke, fumes, odor, hazardous or toxic substance, dust, glare, or physical activity.
(j) The home occupation will have no deleterious effect upon the use or enjoyment of any developed properties within the surrounding neighborhood and will not deter the orderly development and improvement of the surrounding properties.
Any use or occupation which does not meet the criteria set forth in this section may be permitted only in accordance with a conditional use permit issued by the City of Ashtabula Planning Commission.
(2004 Code)
1163.03 PROHIBITED USES.
For the purposes of this code, the following uses shall not be construed as suitable home occupations permitted in accordance with Section 1163.01:
(a) Animal hospitals, or the harboring, training, raising, or treatment of animals for commercial purposes;
(b) In a residential district, the repair or reconditioning for commercial purposes of motor vehicles or equipment, boats, or recreational vehicles, or display for sale of any vehicle;
(c) Medical, dental, or chiropractic clinics or hospitals;
(d) Uses which entail food handling, processing, or packing;
(f) Drug paraphernalia facilities.
(2004 Code)
1163.04 NON-COMPLIANCE.
Any permitted use or conditional use shall continuously conform to all the criteria set forth in this chapter and in the conditions of the use permit. Any home occupation in a residential district which fails to conform to any of these criteria or conditions shall immediately cease and all permits and licenses issued by the City of Ashtabula shall immediately be considered null and void.
(2004 Code)
CITY OF ASHTABULA