Table (A) in Chapter 23.11 contains regulations and controls intended to regulate development in the various zones. These regulations are supplemented by other chapters of the Athens City Code.

Except as hereinafter otherwise provided:

(A)

No building or structure of any type shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone district in which such building or land is located.

(B)

No building shall be erected, reconstructed, or structurally altered to exceed the height limit hereinafter designated for the zone district in which such building is located.

(C)

No building shall be erected, no existing building be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the zone in which such building or open space is located.

(D)

No yard or other open space provided about any building for the purpose of complying with the provisions of the zoning code shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

A single-family structure may be constructed on any lot in any residential zone if the lot is less than the minimum area required for building lots in the residential zone in which it is located; provided the following conditions exist or are met:

(A)

No structure shall be erected on any nonconforming lot if adjacent to the lot in question there exists vacant land in the same ownership which would create a conforming lot if said vacant land were combined with the lot deficient in area.

(B)

No structure shall be constructed on a lot containing less than the required area unless the owner can demonstrate that the structure will have a minimum side yard of ten percent of the lot width but in no case less than four feet on interior lots and 12 feet on the side yard adjacent to any street.

(C)

No structure shall be built on any lot of less than the required area unless the minimum front and rear yards for lots in the residential zone where said lot is located are maintained.

(D)

Regardless of lot size, off-street parking shall be provided in accordance with Table B, Chapter 23.11.

The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the zone in which it is located.

Where a single lot under individual ownership extends from a street to a street, the street with the most advantageous access to city services shall be deemed the street upon which the property fronts as determined by the service-safety director.

The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required in that zone.

Height limitations stipulated elsewhere in the zoning code shall not apply to open amusement uses, church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flag poles, masts and aerials, solar energy systems on flat and pitched roofs; or to parapet walls except that no parapet wall may extend more than four feet above the limiting height of the building.

(Ord. No. 0-104-20, § I, 10-19-2020)

(A)

Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the width of the side yard may be vary. In such case the average width of the side yard shall not be less than the otherwise required minimum width; provided, however that such side yard shall not be, narrower at any point than one-half the otherwise required minimum width.

(B)

The side street setback line of any corner lot previously platted and existing at the time of adoption of the zoning code shall not be less than one-half of the average depth of the minimum front yard required on any adjoining lot fronting on a side street. Any corner lot delineated by subdivision after the adoption of the zoning code shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on the side street.

(C)

When a principal building is destroyed or demolished by any means, or if a vacant lot is situated between two improved lots, the required front yard setback shall be no more than five feet in front of and no more than five feet behind the average building line as established by the nearest principal buildings to each side of the subject property, provided those buildings are located in the same block front and within 100 feet of the subject property. In no event shall the setback be less than ten feet, unless the specific zone does not require a front yard setback. If averaging is not possible, then the front yard setback required for the specific zone shall be used.

(D)

Certain architectural features may project into required yards as follows:

(1)

Cornices, canopies, eaves or other similar architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.

(2)

Any bay windows, balconies, fireplaces, uncovered stairways, uncovered landings, and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(3)

Accessible ramps may encroach into required yards in accordance with the following:

(i)

The applicant, owner(s) of the property must provide a statement justifying the necessity of the ramp including, if required by the zoning administrator, a statement from a physician or other professional health care provider verifying the need;

(ii)

The applicant, owner(s) of the property, must provide a sketch plan and elevation view illustrating the location of the ramp and its relationship by dimension to the principal structure, lot lines and all structures on adjacent lots;

(iii)

The applicant, owner(s) of the property, must verify that the ramp will be removed at the owner's expense when no longer needed. In addition, the zoning administrator may periodically require verification of the continuing need for the ramp;

(iv)

The zoning administrator must determine that there is no other viable alternative to the placement of the ramp that would otherwise meet required setbacks;

(v)

The zoning administrator must determine that the encroachment is the minimum required to achieve reasonable access to the principal dwelling with consideration for the location of the structure, the proximity to the property lines and the topography of the lot.

(Ord. No. 0-144-13, § I, 12-16-2013; Ord. No. 0-88-24, § I, 10-7-2024)

Note— Section II of Ord. No. 0-144-13, adopted Dec. 16, 2013, states "All new and replacement signage in the City of Athens that refers to a facility or parking space that accommodates a person(s) with a disability must refer to that facility or parking space as "accessible."

Land coverage by principal and accessory buildings or structures on each lot shall not be greater than is permitted in the zone where such principal and accessory buildings are located.

(A)

Each principal building shall front on a duly accepted public street, which has been improved in accordance with city standards, or on streets in the process of being improved in accordance with requirements of the subdivision regulations, Chapter 151.

(B)

There shall be not more than one principal dwelling structure and two accessory structures, including a private garage, on each zone lot in any zone.

(Ord. No. 0-16-23, § I, 3-6-2023)

(A)

Detached accessory structures—Accessory structures that are not attached to a principal structure may be erected in accordance with the following restrictions:

(1)

No accessory structure shall be located closer than five feet to the side and rear lot lines.

(2)

No accessory structure shall be located closer to the street than the required front yard setback of the principal structure.

(3)

On corner lots, accessory structures shall not be located on the side street side between the side street and the required front yard setback line of structures fronting on the side street.

(4)

No accessory structure shall contain permanent living quarters.

(B)

Attached accessory structures—When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of the zoning code applicable to the principal buildings.

(C)

Accessory buildings in R-Zones; without a principal building. In any R-Zone no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building except for continuous and contiguous lots under common ownership.

(D)

Accessory energy systems. Renewable energy systems that are designed primarily for the on-site consumption of electricity or heat exchange are considered accessory energy systems (AES). All parts of an AES shall be considered one accessory structure. All AES installations shall require a permit from the city in addition to any state or federal permits required. Permit fees shall be established by separate ordinance.

(1)

Roof-mounted solar. Roof-mounted AES are a permitted accessory use within all zoning districts. Roof-mounted solar AES shall not count toward the maximum number of accessory structures permitted on any lot and shall meet the following requirements:

(i)

Height.

a.

On a pitched/sloped roof, AES shall be installed parallel to the roof surface and may not extend beyond the edge of the roof peak.

b.

On a flat roof, AES are not permitted to exceed the zoning district height limits by more than 18 inches.

(ii)

Emergency access. Roof-mounted solar AES shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof.

(iii)

Screening. Roof-mounted AES are exempt from screening requirements.

(iv)

Solar access easements. Owners of AES are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be consistent with the requirements of Section 5301.63 of the Ohio Revised Code.

(2)

Ground-mounted solar. Ground-mounted solar AES are a permitted accessory use within all zoning districts, except the historical overlay district, and only when incidental to one or more permitted primary and/or accessory structure(s), subject to the following development standards:

(i)

Height. Ground-mounted solar AES shall comply with the zoning district's accessory structure height standards, when the panels are oriented at maximum design tilt (highest point of the system).

(ii)

Setbacks. Ground-mounted solar AES shall comply with the accessory structure setback requirements of the zoning district in which it will be installed.

(iii)

Screening. Ground-mounted solar AES are exempt from screening requirements.

(iv)

Placement.

a.

Ground-mounted AES shall be located in the side or rear yard of the property.

b.

Ground-mounted AES shall not be placed in any legal easement or right-of-way location or placed in any stormwater conveyance system that would in any manner impede storm water runoff.

c.

Appropriate safety/warning signage concerning voltage shall be placed at ground mounted devices, equipment, and structures. All electrical control devices associated with the AES shall be locked to prevent unauthorized access or entry.

(v)

Lot coverage/impervious surface. Ground-mounted solar AES are exempt from maximum lot coverage and total lot coverage requirements if the area under the system contains vegetative ground cover.

(vi)

Solar access easements. Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be consistent with the requirements of Section 5301.63 of the Ohio Revised Code.

(3)

Geothermal heating and cooling. Geothermal AES are a permitted accessory use within all zoning districts except that systems in the wellhead protection overlay district will require approval from the wellhead protection team.

Geothermal heating and cooling AES shall meet the following requirements:

(i)

A geotechnical report provided by a qualified professional describing the layout, history, soil stability, and underlying geology of the project site will be required as part of the geothermal AES permit.

(ii)

Open-loop geothermal AES shall not be permitted in the wellhead protection overlay district or on any land within 200 feet of a private sanitary system or private well.

(iii)

Open-loop geothermal AES with a surface water discharge will be considered a point of discharge and will require permitting through the Ohio Environmental Protection Agency (OEPA) National Pollutant Discharge Elimination System (NPDES) general permit for geothermal systems.

(iv)

Open-loop geothermal AES with a source well shall obtain all required permits from the Ohio Department of Natural Resources (ODNR) and other state agencies as required.

(v)

Open-loop geothermal AES with a return well shall obtain a permit from the county health department and from the Ohio Environmental Protection Agency-Underground Injection Control (UIC).

(vi)

Sub-surface geothermal AES closed-loop systems shall include a conductive tracer wire installed so that buried pipe and equipment can be located.

(vii)

Vertical and subsurface closed-loop geothermal AES shall indicate the type of heat transfer fluids to be used along with the fluid Material Data Sheets (MDS) sheets used in the system.

(4)

Wind powered AES. Wind powered AES are a conditionally permitted accessory within all zoning districts.

(i)

Wind powered AES shall be located in such a manner as to have the least visual impact possible.

(ii)

Wind powered AES shall be designed in such a manner as to have minimal impact to residents, public areas including city parks, streams, creeks and rivers.

(iii)

Wind powered AES shall not be placed in any legal easement or right-of-way location or placed in any stormwater conveyance system that would in any manner impede storm water runoff.

(iv)

Appropriate safety/warning signage concerning voltage shall be placed at ground mounted devices, equipment, and structures. All electrical control devices associated with the AES shall be locked to prevent unauthorized access or entry.

(v)

The permit for wind powered AES shall include as a minimum:

a.

Standard manufacturer's drawings and engineering specifications of the turbine structure, tower, base, and footings.

b.

A statement that the system shall comply with all state permits and regulations.

c.

A plot plan showing the wind powered AES relative to all property lines, on-site structures, off-site structures within 1.5 times the height of the proposed wind powered AES, overhead utility locations, parks and public open spaces.

(Ord. No. 0-16-23, § I, 3-6-2023)

Renewable energy systems that are designed primarily for the production of off-site energy consumption are considered principal renewable energy systems (PRES).

(A)

Purpose. These regulations are adopted as the minimum requirements to regulate and control renewable energy systems that are the principal use for any lot within the city. The city encourages the use of principal renewable energy systems to reduce dependence on fossil fuel consumption, limit the emission of greenhouse gases, and provide safe and effective production of energy through the use of renewable resources.

(B)

Permit requirements.

(1)

All PRES shall require a permit from the city in addition to any state or federal permit requirements. Permit fees shall be established by separate ordinance.

(2)

Permit shall include:

(i)

Scaled drawings showing all property lines.

(ii)

Adjacent property structures and owner names within 200 feet of the property lines.

(iii)

Utilities, rights-of-way, and easements within 200 feet of the property lines.

(iv)

Proposed PERS structures, substations and transmission lines with dimensions and distances.

(v)

All access roads, fencing, outbuildings and ground cover for the proposed facilities.

(vi)

Engineering certification by a qualified professional engineer stating that all structural aspects of the proposed system are within accepted professional standards and that the structures were designed to the installation weight, snow and wind load, and seismic design category of this region.

(vii)

Applicant shall provide a utility notification indicating that the public utility company to which the PRES shall be connected has been informed of the applicant's intent to install a grid connection system and approve of such connection, including the projected power output of the system. Off-grid systems shall be exempt of this requirement.

(viii)

A statement from the design professional or engineer that the PRES and all of its components and installation procedures conform to the current version national electric code.

(ix)

If the proposed PRES will connect to an off-site electrical substation, the plans must also include the proposed utility conduit route for both public and private conduit.

a.

Applicant shall provide the legal documentation of all private utility easements.

b.

Utility installation within the public right-of-way shall require utility registration with the city under Section 49.03.02 of this Code.

(C)

Setback requirements.

(1)

Ground-mounted PRES shall meet the setbacks of the underlying zone.

(2)

Ground-mounted PRES shall not be placed within any legal easement or right-of-way location.

(3)

Substations shall be set back at least 100 feet from any adjacent property line.

(4)

Inverters shall be set back at least 200 feet from any dwelling.

(D)

Lot coverage. The area covered by ground mounted systems, where the ground beneath is permeable or pervious, shall not be included in the calculations for lot coverage. The applicant is encouraged to plant pollinator species as cover for ground-mounted systems with a seed mix recommended by local licensed landscape architect or equivalent.

(E)

Advertising. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.

(F)

Recommended zones.

(1)

All PRES are recommended in any brownfield, closed landfill, or blighted areas.

(2)

All PRES are principally permitted and recommended in open space and educational institution zone.

(3)

PRES are conditionally permitted in all residential zones.

(4)

PRES are not permitted in any business or industrial zones.

(G)

Abandonment and decommissioning.

(1)

Decommissioning. All PRES, which has reached the end of its useful life or has been abandoned shall be removed by the system operator or landowner within 150 days after the date of discontinued operation. The city service-safety director or designee may allow the owner or operator to leave landscaping or designated below grade structures in place in order to minimize erosion and disruption to vegetation.

(2)

Abandonment. A PRES is assumed to be abandoned if no electricity is generated for a period of six consecutive months.

(3)

Abandonment notice of violation. Upon failure to remove an abandoned or decommissioned PRES within 150 days, the service-safety director may issue a notice of violation to the operator or landowner of the PRES.

(4)

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the service-safety director. The notice of appeal must be received within 15 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or designee shall take place within 30 days from the date of receipt of the appeal. The decision of the municipal authority shall be final.

(5)

Penalties. Any person, firm, or corporation violating the provisions of this code shall be required to take remedial actions and be subject to a civil law suit. The service-safety director shall have the right to recover all reasonable expenses incurred in investigating the violation, removing the abandoned or decommissioned system, restoring the property, and any additional costs and attorney fees incurred by the city as a result of enforcing the violations of this Code.

(Ord. No. 0-16-23, § I, 3-6-2023)

Editor's note— Ord. No. 0-16-23, § I, adopted March 6, 2023, repealed § 23.03.12, which pertained to buildings on public streets, and enacted a new § 23.03.12 as set out above and as may later be amended.

(A)

Intent: Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve at least the following purposes:

(1)

To promote and maintain high quality residential zones throughout the city and to promote attractive, public facilities by permitting only nameplates, bulletin boards and identification signs related to the development of such zones;

(2)

To provide reasonable, yet appropriate, conditions for identifying establishments in business and manufacturing zones;

(3)

To eliminate any conflict between advertising signs and traffic control signs which would be hazardous to the safety of the motoring public or the pedestrian;

(4)

To promote the most desirable developments and economic activity consistent with the objectives of the planning and development program of the city;

(5)

To relieve the city of unattractive, garish, and unproductive signs and generally to improve the appearance of the city;

(6)

To prevent sign blight which adversely impacts the aesthetics, vitality, and value of the city's commercial areas;

(7)

To control the design of signs so that their appearance will be aesthetically harmonious with their surroundings; and

(8)

To promote the public health and safety, the aesthetics of the community, and to remove public nuisances.

(B)

Regulations established and application:

(1)

Signs shall be erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, size, location, illumination and other provisions set forth in this chapter.

(2)

The construction, erection, safety and maintenance of all signs shall be in accordance with the applicable city codes. The provisions of this chapter shall not amend or in any way interfere with other codes, rules or regulations governing traffic signs within the municipality.

(3)

The display of official public notices, and the flag, emblem or insignia of all official U.S. governmental bodies shall not be governed by the provisions of these regulations.

(4)

Advertising signs of all types (those used to promote a business, profession, trade, industry, activity, service or product) are business uses and, except where specifically authorized by the terms of this section, shall not be permitted in any zone other than B or M Zones.

(C)

Public right-of-way:

(1)

Except as specifically authorized herein, no sign of any type shall be placed on the right-of-way line of any public street or roadway except as provided by revocable license.

(2)

No signs of any nature, except those authorized for orderly traffic control and other municipal or governmental purposes, shall be permitted on or above any public right-of-way, except as otherwise permitted in this chapter.

(D)

Classification of signs: Except as otherwise provided in this section, "sign" means any display, figure, painting, drawing, placard, poster or other exterior or interior device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a building, person, institution, organization, activity, place, object or product. It may be a separate structure, or it may be painted on or attached directly or indirectly to a structure.

(1)

Classification by use types:

(a)

"Permanent" signs:

(i)

"Bulletin board" means an announcement sign which directs attention to and is located on the lot of a church, school, community center, library, hospital, museum, public art gallery, or similar public or semi-public institutional building.

(ii)

"Directional sign" means a sign indicating only the direction of pedestrian and vehicular circulation routes on the lot on which the sign is located. Only company logo or name shall be permitted on directional signs.

(iii)

"Identification sign" means a sign indicating the name and address of a building, development, public or semi-public facility, business, office or industrial establishment. For business uses, such sign may also include the principal type of goods sold or services rendered; however, the listing of goods or services and sale items shall not be permitted.

(iv)

"Informational sign" means a sign which presents miscellaneous information to the public rather than to promote a business, profession, trade, industry, activity, service or product. (Typical information signs present scheduled events, travel information, vehicle service, weather, time, historic and scenic date.)

(v)

"Organizational sign" means a sign devoted exclusively to the identification of national, state and local service clubs, and the location and meeting dates of such clubs.

(vi)

"Nameplate" means a sign indicating the name, address or the profession of the person or persons occupying a building, or unit of a building.

(vii)

"Property management sign" means a sign identifying the person, business, etc., responsible for that specific rental property.

(b)

"Temporary sign" means a sign designed for use for a limited period of time to announce special events or sales and the sale, lease or rental of property.

(i)

"Political or ideological sign" means a sign advocating action on a public issue and/or identifying a candidate for public office.

(ii)

"Project sign" means a temporary sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the owner, architects, engineers, contractors and other individuals or firms involved with the construction.

(iii)

"Real estate sign" means a temporary sign advertising the sale, or commercial lease of the premises or part of the premises on which the sign is displayed.

(iv)

"Trailblazer sign" means a temporary off site sign indicating the directions to a real estate "open house", "garage sale", or event of similar nature.

(v)

"Rental sign" means a temporary sign identifying availability of a rental property.

(2)

Classification by structural types:

(a)

Building signs:

(i)

"Canopy sign" means a sign attached to the soffit or fascia of a canopy, covered entrance or walkway, or to a permanent awning or marquee and not projecting beyond the edges of same.

(ii)

"Projecting sign" means a sign attached to an outside building wall and which projects more than 18 inches from the face of the building at an angle there from.

(iii)

"Wall or panel sign" means a sign integral with the face of an exterior building wall or mansard roof, or attached to and parallel with the wall or roof and which projects 18 inches or less from the face of the building.

(b)

Free-standing signs—Any detached sign erected upon, or supported by, the ground.

(c)

"Identification sign" means a sign indicating the name and address of a building, development, public or semi-public facility, business, office, or industrial establishment. For business uses, such sign may also include the principal type of goods sold or services rendered; however, the listing of goods or services rendered; however, the listing of goods or services and sale items shall not be permitted.

(E)

Design standards:

(1)

Graphics. Changeable copy signs may be permitted.

(2)

Materials. Signs shall be constructed of materials which are of appropriate quality and durability in accordance with current American Society for Testing and Materials standards.

(3)

Movement restrictions. No sign shall employ any parts or elements which move, revolve, rotate, whirl, spin, flash, or otherwise make use of motion to attract attention. For safety considerations, the provisions of Paragraph 23.03.13(E) shall also apply to interior signs placed in the window area or in close proximity thereto whose purpose is to attract attention to the premises.

(4)

Relation to openings. Signs shall not obstruct fire escapes, standpipes, windows or doors of any building.

(5)

Relation to traffic devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections, or street sight lines or signals at railroad grade crossings. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc.; and the movement, content, coloring, or manner of illumination shall not resemble traffic control signs.

(6)

Structural design. The location, materials, construction, erection and maintenance of all signs shall be in compliance with the Ohio Basic Building Code.

(7)

Vertical clearance. The lowest member of all signs shall not be less than eight feet above the finished grade of a sidewalk or other pedestrian way. If a sign is located over a pavement used for vehicular traffic or within two feet of the vertical projection of the edges of such pavement, the lowest member of the sign shall not be less than 16 feet above the finished pavement. The minimum height of a canopy sign shall not be less than eight feet above the finished pavement.

(8)

Wall or panel signs. Wall or panel signs shall be set back from the end of a building or party wall (wall or walls used to divide a building) line for a distance of at least ten percent of the building face and shall not project more than four feet above the building wall or coping of a mansard roof, except in the case of a parapet wall where no sign shall extend above the top edge of the parapet. No other sign shall be permitted to extend above the peak of the roof.

(F)

Measurement standards:

(1)

Determination of sign face area: The maximum sign face area permitted for a building or use shall include all the surfaces of the sign. The area of a sign shall be measured as the minimum area which can be enclosed by a square, rectangle or triangle, or any combination thereof, the sides of which make contact with the extreme points of edges of the sign or signs.

 For the purpose of this section, the square feet area of any sign shall be measured to include the entire sign; including lattice work, fencing, lighting, ornamental work, or wall work incidental to its decoration. No sign of any type may have any moving parts.

 Street address numbers appearing on a sign face are excluded in the calculation of permitted sign face area.

 The area of a sign composed of characters or words attached directly to a building wall or mansard roof surface shall be the smallest square, rectangle or triangle which encloses the entire group of characters and/or words.

(2)

Multi-faced sign face area: The total exterior surface shall be computed in square feet for a sign having but one exposed exterior surface, one-half of the total of the exposed exterior surface computed in square feet for a sign having more than one such surface. For signs with three or more faces, if the content of every face is the same, then the sign shall be treated as in the preceding paragraph. If the sign faces have different content, then each face shall be treated as a separate sign.

(3)

Maximum sign height: Maximum height of free-standing signs shall be in accordance with the height limitations as specified in Section 23.03.13(I)(5). The maximum height shall be the distance from the ground at the base of or below the sign to the uppermost point of the sign structure.

(4)

Signable wall area: Signable wall area is a continuous portion of a building unbroken by doors or windows. It is calculated by selecting a continuous facade, then drawing an imaginary rectangle and computing the square foot area of this rectangle. Wall or panel signs shall be set back from the end of a building or party wall line for a distance of at least ten percent of the building face.

(G)

Illumination of signs:

(1)

Except for those signs giving information with respect to time and temperature, any illuminated sign shall be lighted only with nonflashing and nonanimated illumination. All lights used for illumination shall be so arranged as to reflect light away from any adjoining residential district, and any light used for illumination and not an integral part of the sign shall be so arranged as to reflect light away from the street. For safety considerations, the provisions of Section 23.03.13(G) shall also apply to interior signs placed in the window area or in close proximity thereto whose purpose is to attract attention to the premises.

(2)

Unless otherwise directed by law, there shall be no illumination of signs in R-3 Zones during those hours of the day during which the business is not in operation.

(3)

No illumination of signs shall be permitted in (R-1) and (R-2) Zones except for identification signs for subdivisions. These signs shall not have interior or backlighting.

(H)

Standards for signs in R-1 and R-2 Residential Zones. Unless otherwise permitted in this section, no off-site signs are permitted. The following on-site signs shall be permitted:

(1)

Bulletin board signs. One bulletin board or announcement free-standing sign, not exceeding 15 square feet in single-face sign area and the top of which may not extend more than six feet above the ground elevation at the base of the sign, may be permitted on the premises of each public, charitable, religious and education facility, provided such sign meets the setback requirements of 25 feet from the property line.

(2)

Directional signs. Directional free-standing signs not exceeding three square feet in single-face sign area and three feet in height may be permitted on the premises of each public, charitable, religious and education facility. Such signs shall not be located in the public right-of-way, nor shall be permitted to obstruct the line-of-sight of the street or road.

(3)

Identification signs. One identification free-standing sign not exceeding 15 square feet in single-face sign area and six feet in height indicating the name of the public facility, or subdivision. Such sign shall meet the setback requirements 25 feet from the property line.

(4)

Wall or panel signs. One wall or panel nameplate may be placed on each building. The maximum sign face area of such nameplate shall not exceed two square feet.

(5)

Rental/property management signs. One combination rental/property management sign per property may be placed on each building provided it meets the following requirements:

(a)

(i)

Maximum size of sign shall be 1.5 square feet.

(ii)

Sign must be attached next to front door or visible from in front of the house on the first floor.

(iii)

Sign must come down by October 15 of an OU academic school year. R-1 Zone only.

(iv)

Sign may remain up or be placed after October 15 if unit (not bedroom) is not yet rented for that current academic year or following academic year. R-1 Zone only.

(v)

Sign must state when rental is available if up after October 15. R-1 Zone only.

(vi)

Sign must be removed two weeks after a lease is signed. R-1 Zone only.

(vii)

No yard signs.

(viii)

No brochure boxes.

(ix)

Any coloring, lettering, numbering, pictures are acceptable.

(x)

Signs may not be neon, metallic, reflective, illuminated, moving or flashing.

(xi)

Exterior signs are not permissible if there is a window sign on the interior of property. Interior signs to meet same requirements as exterior.

(xiii)

No other form of rental or property management signage is permissible.

(xiv)

If property is for sale and for rent, rental sign must comply with rental sign regulations.

(I)

Standards for signs in R-3, B-1, B-2, B-2D, B-3, EI, and M Zones. Unless otherwise permitted in this section, no off-site signs shall be permitted in the R-3 Multi-Family Residential, and B-1, B-2, and B-2D Business Zones. Off-site signs shall be permitted in the B-3 and M Zones, except in the following three B-3 Business Zone areas: (1) centering on Carpenter Street and Stimson Avenue, (2) on Richland Avenue in the vicinity of Dairy Lane and (3) on Richland Avenue in the vicinity of its intersection with U.S. Route 33. The following on-site signs shall be permitted:

(1)

Building signs.

(a)

Business identification sign—Multiple use. In a business area containing more than one building, designed and developed as a coordinated unit, or where a business building contains more than one business unit, an individual store identification sign for each business unit may be attached to the building or unit thereof.

(b)

Bulletin board signs. One bulletin board not exceeding 15 square feet in single-face sign area and the top of which may not extend more than six feet above the ground elevation at the base of the sign, may be permitted on the premises of a public, charitable, religious or education facility.

(c)

Educational/institutional building identification sign. In a building containing one or more offices, departments, or residential housing units, an individual building identification sign for each educational, institutional, or residential unit contained therein may be attached to the building or unit thereof.

(d)

Canopy signs or covered walk signs. One canopy or covered walk identification sign may be attached to the soffit or fascia of a canopy or roof over a walkway structural member of each business use. However, the vertical dimension of such signs shall not exceed 18 inches and the lowest member shall be not less than eight feet above the sidewalk grade. Except in the B-2D Zone, the maximum single-face sign area of any canopy sign shall not exceed ten square feet or 30 percent of the signable wall area whichever is greater. However, the total maximum of all sign areas on one wall is 30 percent of the signable wall area. In the B-2D Zone, the maximum single-face sign area of any canopy sign shall not exceed five square feet or 40 percent of the signable wall area, whichever is less, and shall be set back from each end of the canopy or covered walk sign for a distance of at least ten percent of the canopy or covered walk sign width.

(e)

Canopy signs—Theater marquees. The zoning administrator shall determine the size and design characteristics of theater canopy signage (theater marquees).

(f)

Nameplate signs. One wall or panel nameplate may be placed on each building. The maximum sign face area of such nameplate shall not exceed two square feet.

(g)

Projecting signs in the B-2D Zone. For a sign which is not parallel to and fixed flat against a building, the maximum sign area shall not exceed eight square feet, with a maximum dimension of three and one-half feet in any direction. In no case, is more than one projecting sign permitted on a premises or use. The minimum mounting height of the lower edge of signs, not parallel to and fixed to a building, in the downtown business zone shall be eight feet from sidewalk level of the premises. In no case shall the top of the sign exceed 14 feet. The horizontal clearance between the sign's outer dimension and the curb line shall not be less than two feet.

(h)

Projecting signs in R-3, B-1, B-2, B-3, EI, and M Zones. One projecting identification sign may be attached to the building wall of each business use; however, no projecting sign may be erected on the same side of a building as that which also has a free-standing sign. Projecting signs shall be set back from the end of a building and party wall line for a distance of at least ten percent of the width of the building wall. The maximum single-face sign area of any projecting sign shall not exceed the maximum area allowed for a free-standing sign under Section 23.03.13(I)(4), and in no case shall it exceed 25 square feet in the R-3 Zone, or 50 square feet in B-1, B-2, B-3, or M Zones. The lowest member of any projecting signs shall be not less than eight feet above the sidewalk grade. The horizontal clearance between the sign's outer dimension and the curb line shall not be less than two feet.

(i)

Wall or panel signs. The maximum total wall or panel sign area shall not exceed 30 percent of the signable wall area, except that in the B-2D Zone, it shall not exceed 40 percent of the signable wall area. Wall or panel signs shall be set back from the end of a building or party wall line for a distance of at least ten percent of the width of the wall, or in the case of a party wall, from the party wall line.

(j)

Identification signs for subdivisions may be attached to buildings.

(k)

Property Management signs. One property management sign and/or rental sign per property may be placed on each building provided it meets the following requirements:

(i)

Maximum size of sign shall be two square feet.

(ii)

Sign must be attached next to front door or visible from in front of the house on the first floor.

(iii)

No yard signs.

(iv)

No brochure boxes.

(v)

Any coloring, lettering, numbering, pictures are acceptable.

(vi)

Signs may not be neon, metallic, reflective, illuminated, moving or flashing.

(vii)

Exterior signs are not permissible if there is a window sign on the interior of property. Interior signs to meet same requirements as exterior.

[(viii)

Reserved.]

(ix)

No other form of rental or property management signage is permissible. Exceptions:

a)

In a R-3 Zone, a 15 square-foot project or identification sign is permissible if the building, apartment, or complex meets the requirements of the R2 Use Group of the Ohio Basic Building Code, latest version, which includes four units or more and 16 bedrooms or more within one building or on one site.

b)

In a B-1, B-2, B-3 Zone, a 15 square-foot project or identification sign is permissible if the building, apartment, or complex meets the requirements of the R2 Use Group of the Ohio Basic Building Code, latest version, which includes four units or more and/or 16 bedrooms or more within one building or on one site.

c)

Content of project or identification sign would be limited to address, project name, phone number and web address (or current electronic media outlet still meeting item (vi) requirements)

d)

Project or identification sign must set back ten feet in R-3 Zone.

(x)

If property is for sale and for rent, rental sign must comply with rental sign regulations.

(xi)

In a B-2D Zone, placement of sign must be on front door, or inside front door if glass, if access to rentals is on Court Street, Union Street, Washington Street or State Street. Sign may be placed inside upper level window or on face of building if primary entrance is not on one of the four streets listed. Content required to list emergency phone number.

(2)

Free-standing signs: Types permitted. Except that no free-standing sign shall be permitted in the B-2D Zone.

(a)

Bulletin board signs. One bulletin board or announcement free-standing sign, not exceeding 15 square feet in single-face sign area and the top of which may not extend more than six feet above the ground elevation at the base of the sign, may be permitted on the premises of each public and semi-private institution or facility, as indicated in Section 23.03.13(D)(1)(a)(1).

(b)

Business or educational institution identification signs. One structural unit in accordance with the provisions of Sections 23.03.13(I)(3), 23.03.13(I)(4) and 23.03.13(I)(5).

(c)

Clocks. All free-standing clocks in working order prior to October 31, 1989 shall be permitted so long as they are maintained in working order. Clocks shall contain no advertising, other than the name of the business establishment. All clocks shall remain in good working order, and failure of the owner to maintain such clocks in good working order shall be cause for the city to have them removed.

(d)

Directional signs. Directional free-standing signs indicating traffic routes on each street where business has ingress and egress may be permitted in addition to the other limitations of this chapter, provided that no such sign exceeds three square feet in a single-face sign area or is closer than 15 feet to any side lot line, and provided that no directional sign exceeds three feet in height top of sign. Only one such sign may be permitted for each ingress or egress.

(e)

Informational signs. One free-standing informational sign, which shall not exceed the maximum size and height restrictions allowed for a free-standing sign in the zone in which it is erected, may be allowed.

(f)

Service station island signs. Automobile service stations shall be permitted informational signs at fuel pump and other service islands. Such signs shall be limited to the display of information in accordance with state and federal regulations regarding the type of service provided and other information essential in directing and instructing the motoring public. The number, area, height and design of such signs shall be as determined by the zoning administrator. Signs on service station island canopies shall be installed in accordance with wall and panel signs.

(3)

Free-standing signs: Placement. Free-standing signs shall not be less than ten feet from another business lot and not less than 50 feet from any residential zone line. The pole or sign structure of a free-standing sign shall be set back a minimum of zero feet from the street right-of-way line. The horizontal clearance between the sign's outer dimension and the curb line shall not be less than two feet. No free-standing sign shall be allowed within a triangle formed between points on the front and side street right-of-way lines within ten feet from their intersection.

(4)

Free-standing signs: maximum number and maximum area. In a business area containing more than one building, designed and developed as a coordinated unit, or where a business building contains more than one business unit, individual business signage shall be permitted but shall not exceed maximum total allowed free-standing sign area. The aggregate of all individual business identification and informational free-standing signage shall be erected as one structural unit, and the total maximum free-standing sign area shall not exceed the maximum total free-standing signage for the business identification sign.

(a)

Multi-Family Residential Zone (R-3). One free-standing sign shall be permitted as an accessory to a permitted business use. The maximum permitted free-standing sign area in the (R-3) Zone, shall be 25 square feet.

(b)

One identification free-standing sign not exceeding 15 square feet in single-face sign area and six feet in height indicating the name of a PUD, or a subdivision shall be permitted.

(c)

Business Zones—B-1 and B-2. One free-standing sign shall be permitted. The maximum permitted free-standing sign area in a B-1 Zone shall be 25 square feet. The maximum permitted free-standing sign area in a B-2 Zone shall not exceed 50 square feet where the number of lanes of the street is three or less. The maximum permitted free-standing sign area shall not exceed 100 square feet where the number of lanes of the street is four or more, exclusive of deceleration and/or turning lanes.

(d)

General Business Zone—B-3, and industrial (M) Zones. One free-standing sign shall be permitted. The maximum permitted free-standing sign area in the General Business Zone (B-3) or Industrial Zone (M) shall not exceed 50 square feet where the number of lanes of the street is three or less. The maximum permitted free-standing sign area shall not exceed 100 square feet where the number of lanes of the street is four or more, exclusive of deceleration and/or turning lanes.

(e)

Educational Institution Zone—EI. One free-standing sign may be permitted for each building, premises, or group of buildings designed and developed as a coordinated unit. The maximum permitted sign area shall not exceed 50 square feet where the number of lanes of street is three or less. The maximum permitted sign area shall not exceed 100 square feet where the number of lanes of the street is four or more, exclusive of deceleration and/or turning lanes.

(5)

Free-standing signs: Height restrictions: The height of the free-standing sign shall be measured from the grade adjacent to the base of the sign pole or sign structure. The maximum height from the uppermost point of the sign structure shall be as follows:

*Identification signs for apartment buildings or complexes, or subdivisions.

(J)

Organizational signs: The size and location of organizational signs shall be determined by the zoning administrator.

(K)

Off-site directional signs: Off-site directional signs, not to exceed six square feet in area, indicating only the direction of pedestrian and vehicular routes to the site of a church, school, community center, library, hospital, museum, public art gallery, cultural arts center, or similar public or semi-public institutional building may be permitted by the zoning inspector. Such signs must meet all other relevant provisions of this section, except those requiring signs and sign structures to be located on the premises.

(L)

Temporary signs. All temporary signs shall be maintained in a safe condition and in good repair or be removed immediately.

(1)

Advertising signs. Except in the Downtown Business District (B-2D), in zones where advertising signs are permitted, temporary advertising signs announcing sales, new products or special business events may be permitted in addition to the maximum sign face area of a permanent business sign.

(a)

Special sales and special events. Advertising banner, posters, feather flags, pennants, ribbons, streamers, strings of lights, or other similar devices, with or without letters, words, numbers, logos or graphics, for the purpose of advertising or attracting attention to a special sale or to a special event upon the premises may be permitted for a period not to exceed 30 consecutive days, if approved by the zoning inspector. No more than four permits shall be issued for the erection of a temporary sign by any person on any one building or premises in any year. The maximum number of temporary signs shall not exceed two per property. For multiple businesses operating on one property the maximum number of temporary signs shall be one per business. The maximum total signage area for all temporary signs shall not exceed 50 square feet.

(b)

Downtown Business Zone (B-2D). Temporary advertising is allowed without permit application when the total sign/signs face area does not exceed ten square feet, is not placed on or above the public right-of-way and does not encumber the public sidewalk. Signage is limited to posters, chalk boards, grease pencil boards and the like, advertising daily specials or special events, and does not include banners, pennants, ribbons, streamers, strings of lights or other similar devices. All other temporary advertising is prohibited.

(c)

Temporary project free-standing sign. One temporary project free-standing sign not exceeding the regulations of the use district in which it is located shall be permitted if it is located on the lot of a proposed building or a building under construction. Permits for such signs shall be for a period not exceeding one year. However, such permits may be renewed while construction is pursued diligently. Project signs shall be removed within 14 days of the commencement of the intended use.

(2)

Political or ideological signs. Any political sign, circular, banner, poster, handbill, pennant or other similar sign of a temporary nature which by design is calling attention to an upcoming election may be placed in any zones. Signs posted under this provision may be placed on poles or lamp posts only with the written permission of the owner. Signs may not be larger than 350 square inches.

(3)

Real estate signs. Temporary real estate free-standing or wall signs may be permitted advertising the sale or commercial lease of the premises or part of the premises on which the sign is displayed. Illumination shall not be permitted. Such signs shall be removed within 14 days of the closing date of the sale of the property or commencement of lease.

(a)

In business and manufacturing zones, other than the Downtown Business District, one free-standing for sale, for commercial lease, available now, build to suit or other like sign shall be permitted per street front provided that such signs do not exceed 32 square feet in single-face area and eight feet in height.

(b)

Temporary wall signs advertising for sale, for commercial lease, available now, build to suit or other like sign shall comply with current wall sign regulation for that zone.

(c)

In residential zones, one real estate sign per street frontage shall be permitted, providing that such signs do not exceed 6.2 square feet in single-face sign area or 4.5 feet in height.

(4)

Trailblazer signs. Trailblazer signs, not exceeding 336 square inches (14-inch by 24-inch), may be in place only on the day before and the day of the event to which they refer. No trailblazer sign may be erected on the public right-of-way, nor on any property, pole or lamp post without the written consent of the property owner.

(M)

Sign application and permit:

(1)

A sign permit shall be required for all signs, other than real estate, rental/property management and political signs, in any zone. Application for permits to erect, place, illuminate or alter a sign shall be made by the owner or lessee of the property for which a sign is proposed to the code enforcement office. The application shall be submitted on forms furnished by the city and shall be made either separately or with the application for a zoning permit. The fee for a sign permit shall be established by separate ordinance. Each application for a sign permit shall be accompanied by drawings to scale, showing:

(a)

For all signs, the dimensions, elevation, and materials of the sign;

(b)

For all signs, details and specifications for construction, erection and attachment as may be required by the building code and the name of the sign contractor or company;

(c)

For building signs, a description of the building for which application for signage is being made, including dimensions, proposed placement and all other information necessary to determine the signable wall area. See Subsection 23.03.13(I)(1)(e);

(d)

For free-standing signs, the exact location of the sign showing all distances to all building and property lines;

(e)

For illuminated signs, the number and types of lamps and lens material and a statement in writing that the illumination of such sign will comply with the provisions of Section 23.03.13(G).

(2)

The code enforcement office shall forward the application and drawings to the zoning administrator. The administrator shall:

(a)

Review the drawings for conformance with the requirements of this chapter and with other provisions of the Athens Code of Ordinances, including floodplain regulations;

(b)

Shall approve or disapprove the proposed sign based upon the finding of the code enforcement department and its own review. Following approval, a sign permit shall be issued by the code enforcement office.

(N)

Control of advertising devices: state permit required: Notwithstanding the other sections of this chapter, owners and applicants for all permitted advertising devices or signs located within 660 feet of the edge of the right-of-way of an interstate or primary state highway shall make application for a permit to the Director of the Department of Transportation of the State of Ohio, c/o Advertising Device Control Section and comply with all provisions of Chapter 5516 of the Ohio Revised Code prior to applying for a permit from the city. Interstate and primary highways are defined in Section 5516.01 of the Ohio Revised Code.

(O)

Maintenance of signs: All signs and sign structures shall be maintained in a safe condition and in good repair. Signs and sign structures which no longer serve the purpose for which they were intended, or which have been abandoned, or are not maintained in accordance with this chapter and other applicable regulations of the municipality shall be removed by the latest permit holder, property owner or by the municipality at the expense of such permit holder or property owner.

(P)

Nonconforming signs: All existing nonconforming signs, including those signs granted variances prior to October 18, 1989, are hereby declared to be a public nuisance. Any sign created after October 18, 1989, which is nonconforming shall be removed unless granted a revocable license by city council or a variance by the board of zoning appeals. Any sign created before October 18, 1989, which is nonconforming due to being on city right-of-way shall be removed by January 1, 2007 or when the sign is changed in any way, whichever comes first, unless granted a revocable license by city council. Any sign created before October 18, 1989, which is nonconforming for any other reason shall be allowed to remain until any change is made to the sign, at which time it must come into compliance with the code unless granted a variance by the board of zoning appeals. Nonconforming signs in newly annexed territory and signs in newly re-zoned areas shall be brought into compliance with the provisions of this section within five years from the effective date of the annexation.

(Q)

Abandoned signs: A sign is deemed to be abandoned if it no longer serves its intended use in accordance with Section 23.03.13(D). Any sign and/or sign structure accessory to an abandoned use or deemed to be itself abandoned shall be removed upon notification by certified mail by the code enforcement office. The time allotted for removal of an abandoned sign shall be in accordance with Paragraph 23.03.13(U), Removal of signs. A use shall be determined abandoned if it has ceased operations for at least 90 consecutive days. Seasonal businesses are exempt from this provision. Notification shall be deemed sufficient if mailed to the last known address of the owner of the sign or to the address as shown on the records of the county recorder of the owner of the property where the sign is located.

(R)

Removal of signs: Whenever the removal or maintenance of any permanent sign and/or sign structure has been ordered by the code enforcement office, within 14 days after receiving such notice, the owner of such a sign shall notify the zoning inspector of plans to remove or maintain such sign. The zoning inspector will allow reasonable time to comply with the order to remove or maintain. In the event of noncompliance, the building department may remove or cause to be removed or maintain such sign at the expense of the owner of such sign or the owner of the property on whose premises it was erected, affixed or attached and such person shall be individually and separately liable for the expense incurred in the removal of such sign. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and above-ground base. Should any sign become unsafe or be in danger of falling, the owner, upon notice from the zoning inspector shall proceed at once to put such signs in a safe and secure condition or remove the sign.

(S)

Prohibited signs: Signs that are not specifically permitted in this section are hereby prohibited. Without restricting or limiting the generality of the provisions of the foregoing, the following signs and/or advertising devices enumerated in this section are expressly prohibited in zones of the City of Athens:

(1)

Balloons and search lights. No gas-filled balloons or search lights shall be used for advertising on a permanent basis. Such devices may be permitted on a temporary basis to advertise special events if approved by the zoning administrator.

(2)

Listings on identification signs. The listing of numerous goods or services, prices (except for gasoline at service stations), sale items, and telephone numbers shall not be permitted on Identification Signs.

(3)

Mobile or moveable signs.

(4)

Off-site signs. Except as otherwise permitted in this section, all permanent off-site signs are prohibited.

(5)

Public areas. No sign shall be placed on any curb, sidewalk, post, pole, hydrant, bridge, wall, tree or other surface locatedon public property or over or across any public street except as expressly authorized by the mayor.

(T)

Exemptions to regulations: The following signage shall be exempt from these sign regulations:

(1)

Integral part signage. Signage which is an integral part of the original construction of vending machines, fuel pumps, or similar devices;

(2)

Cornerstones and permanent building plaques, displaying the date of construction, building name or similar information;

(3)

Street name signs;

(4)

Holiday decorations displayed for customary periods of time;

(5)

Special signage. Special signage determined by the zoning administrator to be reasonable considering the intent and regulations of this chapter;

(6)

Murals. Painted wall murals or other similar art work on public property if recommended by the municipal arts commission and approved by city council.

(U)

Penalty: Violation of any part of this section shall result in a fine as established by city ordinance. Each day a violation of this section occurs or continues shall constitute a separate offense.

Maximum Number of Square Feet Allowed In Sign Face Area

(1)

In B-2D Zones, Percentage refers to Signable Wall Area

(2)

Public or Semi-Public Institutions

(3)

Public Institutions and multi-family units meeting size per zone requirements

*

Requires zoning administrator Approval

**

"Grandfathered In" only

THIS TABLE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SUPERSEDE ANY [LANGUAGE EMBODIED IN THE TEXT OF THE SIGN REGULATIONS.]

(Ord. No. 0-116-11, § I, 11-21-2011; Ord. No. 0-97-23, § I, 11-6-2023)

Unless specifically noted, the provisions of this chapter shall not apply to fences, terraces or walls less than six feet in height above the average natural grade, nor to terraces, steps, or unroofed stoops. However, no fence or wall, regardless of height, shall extend beyond the building front setback line in accordance with these zoning standards and regulations.

(Ord. No. 0-88-24, § I, 10-7-2024)

A single private outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure provided that such swimming pool is for the private use of the residents of the dwelling unit or for their guests and provided that the edge of the pool is not located closer than ten feet to any property line and does not occupy more than 10 percent of the lot area and that a five foot high fence shall completely surround the area of the swimming pool.

In any R-Zone on any corner lot, no fence, structure or planting shall be erected or maintained within 20 feet of the corner (the point of intersection of the street lot lines), so as to interfere with traffic visibility across the corner.

Every garage building or portion of a main building used for garage purposes shall be equipped so that the doors when open or being opened will not project beyond any lot line of the lot on which such building is located; and when said doors open to any alley the wall or portion thereof containing said doors shall be at least six feet from the line forming the common boundary between said lot and alley.

Essential services as defined by the zoning code in these regulations shall be permitted as authorized and regulated by law and other ordinances of the city (defined in Section 23.11).

The administrative authority of all governmental units (including city, township, county, state, and federal units) must make a reasonable attempt to insure that their buildings and grounds conform to the regulations of the zoning code. When such authorities find they cannot conform to these regulations, they shall inform the planning commission in writing, outlining the nature of and reasons for such nonconformance.

Nothing in this Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required zone permits have been granted before enactment of the zoning code, the construction of which, conforming with such plans, shall have been started prior to the effective date of the zoning code and completion thereof carried on in a normal manner within the subsequent six months period, and not discontinued until completion, except for reasons beyond the builders control.

(A)

Construction of a new building, repair, alteration or addition to an existing building shall commence within a year period from the date of issuance of the zoning permit. Failure to start construction within this one year period shall void the zoning permit.

(B)

Construction of a new building, repair, alteration, or addition to an existing building shall be completed within a two-year period from the date of issuance of the zoning permit after which a new zoning permit must be obtained.

In any R-1 or R-2 Zone, transitional uses shall be permitted on a lot, the side lot line of which adjoins either directly or across an alley any "B" or "M" Zone. The permitted transitional use, including area and yard requirements, for any such lot in an R-1 Zone, shall be any use permitted in the R-2 Zone; and the permitted use for any such lot in an R-2 Zone shall be any use permitted in the R-3 Zone. Any transitional use so authorized shall not extend more than 50 feet from the side lot line of the lot abutting the zoning boundary line.

No trailer, trailer coach or single-wide manufactured home or any other structure resembling them shall be used outside of a permitted trailer park or camp to provide living quarters or space for the conduct of business, except that a trailer coach may be used as a temporary accessory building during the construction of a principal building on the issuance of a temporary permit by the zoning administrator.

Outdoor lighting may be erected in accordance with the following restrictions:

(A)

Light pollution and glare. Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens, and all flood or spot luminaries with a lamp or lamps rated at a total of more than 900 lumens, shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire.

(B)

Light trespass. Lighting shall be designed to minimize illumination of adjacent lots and streets. In no case shall illumination exceed 0.1 horizontal or vertical footcandles at the property line.

Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be consistent with the requirements of Section 5301.63 of the Ohio Revised Code.

(Ord. No. 0-104-20, § I, 10-19-2020)