Bellefontaine City Zoning Code
TITLE SEVEN
SPECIAL PROVISIONS
1161.01 CONTINUATION OF EXISTING NONCONFORMING USES.
Except as hereinafter specified, any use, building or structure, existing as of the time of the passage of this Ordinance may be continued, even though such use, building or structure may not conform with the provisions of this Zoning Ordinance for the district in which it is located.
1161.02 ENLARGEMENTS, SUBSTITUTIONS, EXTENSIONS.
No existing building or premises devoted to a use not permitted by this Zoning Ordinance in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises
is located, and except as follows:
(a) Substitution or Extension. When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1125
the substitution for a conforming use of another not more objectionable nonconforming use or an extension of a nonconforming use may be made, but not both a substitution and an extension.
(b) Extension Upon Adjoining Lot. When authorized by the Board, in accordance with the provisions of Chapter 1125
the extension or completion of a building devoted to a nonconforming use upon a lot occupied by such building or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and where such extension is necessary and identical to the existing use of such building.
(c) Extension Inside Building. When authorized by the Board in accordance with provisions of Chapter 1125
a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations, except those required by law, are made therein.
1161.03 NONCONFORMING USE MADE TO CONFORM.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
1161.04 NONCONFORMITY AFTER NONCONFORMING LAND USE.
No building, structure or premises where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use.
1161.05 DISCONTINUANCE OF NONCONFORMING LAND USE.
All nonconforming uses of land not involving any building or structure may be continued for two years from the date of the passage of this Ordinance at which time such nonconforming use shall cease or shall be changed to a conforming use.
1161.06 NONCONFORMITY OF USE STANDARDS.
All uses which are nonconforming on the date of the passage of this Ordinance by reason of noncompliance with the provisions of Chapter 1163
if not otherwise stipulated by the Board of Zoning Appeals, shall adopt necessary measures to conform therewith.
1161.07 REPLACING DAMAGED BUILDINGS.
Any nonconforming building or structure damaged more than sixty percent of its fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or Act of God, shall not be restored or reconstructed and used as before such happening; but if less than sixty percent is damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such happening.
1161.08 REPAIRS AND ALTERATIONS.
Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the Board of Zoning Appeals. Except as otherwise provided in thin Zoning Ordinance, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent of its assessed value for tax purposes of such date, unless such building or structure is changed to a conforming use.
1163.01 GENERAL REQUIREMENTS.
No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other substance, condition or element in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as "dangerous or objectionable element"; provided that any use permitted or not prohibited by this Zoning Ordinance may be established and maintained if it conforms to the provisions of this chapter.
1163.02 EXISTING USES.
(a) Review of Use Standards. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board of Zoning Appeals shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence to Council. In the event that the Board concurs in the allegation that there exist or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of the dangerous or objectionable elements and of practicable means of remedying such conditions.
(b) Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve or disapprove the measures recommended therein and instruct the Zoning Inspector to proceed with the enforcement of measures in accordance with the provisions of Chapter 1127
.
(c) Cost of Investigation, Etc. The City shall bear the costs of the various tests, consultant fees or other investigations which are required by this chapter, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of the property is found to be in violation of the provisions of this chapter by the Board or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty days from the date of the final Board ruling or court judgement.
1163.03 CERTAIN NEW USES.
(a) Review of Application for Zoning Permit or Certificate of Occupancy. Application for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in subsection (b) hereof, and of such other uses which may be of similar characteristics in the opinion of the Zoning Inspector, shall be referred by him to the Board of Zoning Appeals. The Board shall cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed in Section 1163.02
.
(b) Uses Subject to Review. The following uses shall be subject to such performance standard review:
(1) Manufacturing. Involving primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black, and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric, picric and sulphuric acids; coal, coke and tar products, explosives, fertilizer, gelatin, animal glue and size; gas manufacturing, unless incidental, to a principal use; turpentine, matches, rubber, soaps, fat rendering.
(2) Processing. Involving the following: nitrating of cotton or other materials; magnesium foundry, reduction, refining, smelting of metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha, lubricating oil, distillation of wood or bones; storage, curing or tanning of raw, green or salted hides cr skins; melting and alloying of metals; stockyards, slaughter houses, except for poultry; slag piles; storage of fireworks or explosives, except where incidental to a permitted principal use.
(c) Continual Compliance. Any use authorized under the provisions of this chapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
(d) Costs of Review. The applicant shall bear the actual costs of all tests and investigations required under Section 1163.03
which shall be in addition to the usual zoning permit fees prescribed by this Zoning Ordinance.
1165.01 OFF-STREET PARKING SPACE.
(a) When Required. In all districts, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the requirements herein.
(b) Minimum Size. Each off-street parking space shall have an area of not less than 160 square feet exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.
1165.02 OFF-STREET LOADING SPACE.
(a) When Required. In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of merchandise or material, there shall be provided maintained, on the same lot with such building, at least one off-street loading space plus one additional such loading space for each 20,000 square feet or major fraction thereof, of gross floor area so used in excess of 20,000 square feet.
(b) Dimensions. Each loading space shall be not less than ten feet in width, twenty- five feet in length and fourteen feet in height.
(c) May Occupy Yard. Subject to the limitations in subsection (d) hereof such space may occupy all or any part of any required yard.
(d) Distance in R Districts. No such space shall be closer than fifty feet to any other lot located in any R District, unless enclosed on all sides by a wall or uniformly painted solid board fence not less tan six feet in height.
1165.03 PARKING AND LOADING SPACES.
There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a dwelling, and not less than eighteen feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder in such manner as to secure the most appropriate development of the property in question, but, except where provided in connection with a use permitted in an R District such easement of access or access drive shall not be located in any R District.
1165.04 FLOOR AREA DEFINED.
For the purposes of applying the requirements in Sections 1165.01
and 1165.02
"floor area," in the case of offices, merchandising or service types of uses, means the gross floor areas used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, utilities, dressing rooms or fitting or alteration rooms.
1165.05 NUMBER OF PARKING SPACES REQUIRED.
The number of off-street parking spaces required shall be as set forth in the
following:
LAND USE | PARKING SPACES REQUIRED |
Automobile or machinery sales and service garages | 1 for each 800 sq. ft. floor area and 2 spaces for each service bay |
Automobile filling stations and convenience store | 1 space for each 2 pumps plus one space for each 100 sq. ft. of floor area |
Banks, business and professional offices and public buildings | 1 for each 200 sq. ft. floor area plus sufficient stacking space for 5 vehicles at each drive thru window |
Bowling alleys | 5 for each alley |
Carry-outs (no inside dining) | 1 for each 2 employees |
Churches and schools | 1 for each 4 seats in an auditorium or 1 for each 10 classroom seats plus one per room, whichever is greater |
Dance halls and assembly halls without fixed seats, exhibition halls except church assembly or dancing assembly rooms in conjunction with auditorium | 1 for each 100 sq. ft. of floor area used for dancing |
Day Care facility or Group Home | 1 space for each staff member plus 1 space for each 4 children or clients at design capacity |
Single Family Dwellings | 2 for each family or dwelling unit |
Multi Family Dwellings | 1 for each one or two bedroom dwelling unit, two for each three bedroom or larger dwelling unit |
Funeral homes, mortuaries | 4 for each parlor or 1 for each 50 sq. ft. of floor area |
Furniture and appliance stores, household equipment or furniture repair shop of over 1,000 sq. ft. floor area | 1 for each 200 sq. ft. of floor area |
Hospitals | 1 for each 1 bed plus enough additional parking spaces to provide one space for each employee during maximum shift |
Hotels, motels, motor hotels & Bed and Breakfast establishments | 1 space for each living or sleeping unit plus 2 spaces for personnel |
Manufacturing plants, research or testing laboratories or bottling plants | 1 for each employee in the maximum working shift, or for each 1,000 sq. ft. of floor area, whichever is greater |
Medical or dental clinics | 1 for each 100 sq. ft. of floor area |
Recreation | 1 space for each participant at maximum utilization |
Restaurants, beer parlors and night clubs | 1 for each 100 sq. ft. of floor area plus sufficient stacking space for 5 vehicles at each drive thru window |
Retail stores, shops, etc. | 1 for each 150 sq. ft. of floor area |
Sanitariums, convalescent homes, children’s homes | 1 for each 2 beds |
Sports arenas, auditoriums, theaters, assembly halls other than schools | 1 for each 4 seats or 1 for each 50 sq. ft. whichever is greater |
Wholesale establishment or warehouses | 1 for each 2 employees on maximum shift or for each 1,000 sq. ft. of floor area, whichever is greater |
In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which the use is similar, shall apply.
1165.06 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
(a) Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any R District, or institutional premises, by a masonry wall or solid fence of acceptable design. Such wall or fence shall be not less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. In any R District the space between such wall or fence and the nearest side lot line or the front lot line, shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition. In case the capacity of the parking area exceeds thirty vehicles, it shall be screened by a masonry wall of a height hereinabove prescribed.
(b) Minimum Distance and Setbacks. No part of any parking area of more than five vehicles shall be closer than ten feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot unless screed by an unpierced masonry wall, if not in any R District but adjoining such district, that part of the parking area within fifty feet of any R District shall not be located within twenty- five feet from the established street right-of-way line.
(c) Surfacing. Any off-street parking area for more than five vehicles shall be surfaced with an asphaltic or Portland surface, shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self-propelled vehicles. The foregoing requirements with respect to surfacing shall not apply to a parking area in an M District if more than 200 feet distant from any R District, except that a dustless surface shall be provided in any case.
(d) Lighting. Any lighting used to illuminate any off- street parking area shall be so arranged as to reflect the light away from adjoining premises in any R District.
1165.07 MODIFICATIONS.
The Board of Zoning Appeals may authorize on appeal a modification, reduction or waiver of the foregoing requirements, if it finds that, in the particular case appealed the peculiar nature of the residential, business, trade, industrial or other use, or the exceptional shape or size of the property or other exceptional situation or condition, justifies such action.
1165.08 HANDICAPPED PARKING.
Parking facilities serving buildings and facilities required to be accessible to the physically handicapped shall have conveniently located designated - spaces provided as follows: Total Spaces in Number of Designated
Total Spaces in Lot/Structure | Number Accessible Spaces |
Up to 100 | One space per 25 parking spaces |
101 to 200 | 4 spaces, plus l per 50 spaces over 100 |
201 to 500 | 6 spaces, plus l per 75 spaces over 200 |
Over 500 | 10 spaces, plus 1 per 100 spaces over 500 |
1165.09 YARD AND SIDEWALK.
There shall be no parking on grass areas or parking across sidewalks, curbs,
or boulevards.
1166.01 PURPOSE.
It is the purpose of this chapter, to promote the health, safety and welfare of the community by establishing regulations governing the siting, construction, and maintenance of Solar Energy Systems. (Ord. 25-26. Passed 5-27-25.)
1166.02 DEFINITIONS.
For the purposes of this chapter, "Solar Energy Systems" shall include the following:
(a) Accessory Solar Energy: A solar collection system consisting of one or more roof/building mounted, ground/pole mounted, and/or other structure mounted solar collector devices and solar related equipment, and is intended to primarily reduce on-site consumption of utility power. A system is considered an accessory solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
(b) Principal Solar Energy Production Facility: An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy. These production facilities primarily produce electricity to be used off-site. Principal solar energy production facilities consist of one or more roof/building mounted, ground/pole mounted, and/or other structure mounted solar collector devices, solar related equipment, and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. Examples include "Small Solar Facility" and "Community Solar Facility" as defined by statute or herein.
(c) Solar Energy Equipment: Items for the purpose of generation, transmission, and storage of electricity, including but not limited to a solar photovoltaic cell, solar panels, lines, pumps, inverter(s), batteries, mounting brackets, racking, framing and/or foundation used for or intended to be used for the collection of solar energy.
(d) Solar Photovoltaic (PV): The technology that uses a semiconductor to convert light directly into electricity.
(e) Clear Fall Zone (Solar Energy): An area surrounding a ground/pole mounted or other structure mounted solar energy system into which the system and/or components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing the structure's failure that shall remain unobstructed and confined within the property lines of the lot where the system is located. The purpose of the zone being that if the system should fall or otherwise become damaged, the falling structure will be confined to the lot and will not intrude onto a neighboring property.
(f) Small Solar Facility: Pursuant to Ohio R.C. 713.081(A)(2), "Small Solar Facility" means solar panels and associated facilities with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of less than 50 MW.
(g) Community Solar: Also known as shared solar, or solar gardens, is an energy model that allows customers to buy or lease part of a larger off-site shared solar photovoltaic (PV) system. For the purposes of this Resolution, "Community Solar" is considered to be a "Principal Solar Energy Production Facility".
(Ord. 25-26. Passed 5-27-25.)
1166.03 ACCESSORY SOLAR ENERGY SYSTEMS.
(a) Accessory solar energy systems are installed to reduce the on-site consumption of utility-supplied electricity.
(b) An accessory solar energy system shall be considered a permitted accessory use in any district provided all requirements and regulations as set forth below are met.
(c) No person shall cause, allow or maintain the use of an accessory solar energy system without first having obtained a zoning permit from the City Engineer.
(d) All accessory solar energy systems shall meet the following requirements:
(1) An accessory solar energy system is permitted in all zoning districts as an accessory to a principal use.
(2) An accessory solar energy system shall not be used for the generation of power for the sale or donation of energy to other users, although this provision shall not be interpreted to prohibit the sale or donation of excess power generated from time to time to the local utility company or the sale of donation of power as part of a net metering or similar arrangement. Net metering or similar arrangements are those where electricity produced by the accessory solar energy system displaces electricity that would otherwise be purchased from an electric utility or supplier for the lot where the accessory system is located. Net metering or similar arrangements shall be incidental and secondary to the production for on-site use.
(3) Accessory solar energy systems with a generation output of five hundred (500) watts or less, or a combination of accessory solar energy systems with an aggregate generation output of five hundred (500) watts or less, shall not require a permit and shall be exempt from the requirements ofthis section, provided that the system is independent and disconnected from the electrical service(s) supplied to the lot on which the accessory solar energy system is located.
(4) Roof/Building mounted accessory solar energy systems:
A. Shall not extend beyond the perimeter (or edge of roof) of the building on which it is located.
B. May be mounted to a principal or accessory building.
C. The height ofthe solar energy system and building to which it is mounted may not exceed the ridgeline of the roof for hip, gable, and gambrel roofs.
(5) Ground/Pole mounted accessory solar energy systems:
A. Shall be no taller than seventy-five percent (75%) of the maximum building height allowed in that zoning district for accessory buildings.
B. Shall be permitted in the rear or side yard only.
C. Shall be erected within an established clear fall zone.
D. The minimum setback distance fromthe property lines for structures comprising the solar energy systems and all related equipment shall be at least one hundred ten percent (110%) of the height of any structure or at least twenty (20) feet from the nearest property line, whichever is greater.
(6) Other structure mounted accessory solar energy systems:
A. Shall be no taller than seventy-five percent (75%) of the maximum building height allowed in that zoning district for accessory buildings.
B. Shall be permitted in the rear or side yard only.
C. Shall be erected within an established clear fall zone.
D. The minimum setback distance from the property lines for structures comprising solar energy systems and all related equipment shall be at least one hundred ten percent (110%) of the height of any structure or at least twenty (20) feet from the nearest property line, whichever is greater.
(7) Accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street right of ways.
(8) Accessory solar energy systems and all solar energy equipment that are no longer functioning shall be completely removed from the property within six (6) months from the date they are no longer producing electricity, become damaged, discontinued or broken. Any earth disturbance as a result ofthe the removal of the accessory solar energy system shall be graded and reseeded within thirty (30) days of removal.
(9) In addition to the site plan required for any zoning permit or conditional use permit, the following shall also be submitted at the time of application and shall include:
A. Height of the proposed solar energy system(s) at maximum tilt.
B. Evidence of established setbacks of 1.1. times the height of any ground/pole mounted or other structure mounted solar energy systems and "clear fall zone".
C. Proof of notice to the electric utility company regarding the proposal. (Ord. 25-26. Passed 5-27-25.)
1166.04 PRINCIPAL SOLAR ENERGY PRODUCTION FACILITIES.
(a) Principal solar energy production facilities are principally designed to produce greater levels of electrical energy, either for consumers with higher energy demand levels or designed primarily to produce energy to be supplied directly to the electrical grid.
(b) Principal solar energy production facilities shall only be located in an M-2 General Manufacturing District after approval by the Board of Zoning Appeals as a conditional use. The City Engineer shall issue the final zoning permit. No zoning permit and/or conditional use permit shall become final until all of the requirements set forth in this Chapter 1166 have been satisfied.
(c) It is not the purpose ofthis regulation to regulate a major utility facility as defined by the Ohio Power Siting Board (50 MW or greater).
(d) In addition to any requirements stipulated by the City Engineer or the Board of Zoning Appeals, all principal solar energy production facilities shall meet the following minimum requirements:
(1) The proposed principal solar energy production facility must be located on a lot of at least ten (10) acres in size.
(2) For purposes of determining lot coverage, the total surface area of all ground/pole mounted solar energy systems including cells, panels, and water collector devices shall be considered impervious and shall count toward the maximum percent of a lot to be occupied.
(3) The maximum percent of a lot to be occupied shall be seventy-five percent (75%) as determined by the combined gross area of all lots/parcels comprising the total project footprint.
(4) All on-site utility, distribution, and transmission lines, that are the responsibility of the principal solar energy production facility to maintain, shall be placed underground.
(5) Roof/Building mounted solar energy systems:
A. Shall not extend beyond the perimeter (or edge of roof) of the building on which it is located.
B. May be mounted toaprincipal or accessory building.
C. The height of the solar energy system and building to which it is mounted may not exceed the ridgeline of the roof for hip, gable, and gambrel roofs.
(6) Ground/Pole mounted solar energy systems:
A. Shall be no taller than seventy-five percent (75%) of the maximum building height allowed in that zoning district for accessory buildings.
B. Shall be erected within an established clear fall zone.
(7) Other structure mounted solar energy systems:
A. Shall be no taller than seventy-five percent (75%) of the maximum building height allowed in that zoning district for accessory buildings.
B. Shall be erected within an established clear fall zone.
(8) Solar energy systems shall be designed and located in order to prevent reflective glare towards any inhabited building on adjacent properties as well as adjacent street right-of-way. Applicants must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT), or an equivalent report, for neighboring lots and right-of-way.
(9) The proposed principal solar energy production facility must comply with any applicable airport zoning overlay and height restrictions, and the ability to comply with the FAA regulations pertaining to hazards to air navigation must be demonstrated.
(10) All mechanical equipment of solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum seven (7) foot high fence with a self-locking gate, and provide screening in accordance with this Chapter.
(11) Screening shall be established in accordance with the provisions of this Chapter, be maintained in good condition, and free of all advertising or other signs. In addition to any other screening requirements of this Chapter, the following standards shall apply:
A. Any buildings and solar energy equipment shall be screened from ground-level view from any adjacent road right-of-way, any adjacent lot with a residential use, and any residential zoning district.
B. Screening shall consist of vegetation, mounding, natural landforms, or any combination thereof. Screening may be supplemented by fencing or walls, but shall not be the primary method.
i. Fencing shall incorporate gaps or spaces of at least six (6) inches by six (6) inches to allow passage of small mammals.
C. Screening shall be a minimum of eight (8) feet in height.
D. Mounding shall be seeded and planted with trees. The base of the mound shall not be graded at an angle greater than forty-five degrees (45°).
E. Screening shall be clustered around groups of solar energy equipment and buildings and not the entirety of the lot to allow for "wildlife corridors"where wildlife can traverse the lot.
(12) Buffering shall be established in accordance with the provisions of this Chapter. In addition to any other buffering requirements of this Chapter, including those established by the Board of Zoning Appeals, the following minimum standards shall apply:
A. A one hundred and twenty (120) foot setback along stream boundaries (including ephemeral and intermittent streams).
B. A one hundred and twenty (120) foot setback from Category 1 and 2 wetland boundaries.
C. A three hundred (300) foot setback from Category 3 wetland boundaries.
(13) Setback requirements for any component of the solar energy system, shall be:
A. One hundred and fifty (150) feet from lot lines of non-participating lots.
B. Three hundred (300) feet from any dwelling.
C. One-hundred and fifty (150) feet from the edge of any adjacent road right-of-way.
(14) Ingress and egress driveways, interior access/maintenance roads, and any off-street parking and circulation routes shall be constructed with a durable and dust-free surface.
(15) Areas that are undeveloped, areas not required for regular maintenance, and other spaces not devoted to the active use ofthe lot (such as in between rows of ground mounted solar panels) shall be landscaped with vegetation in such a manner as to prevent soil erosion by wind or rain or the spreading of invasive species and noxious weeds. Plantings shall follow the standards set forth in the Ohio Department of Natural Resources (ODNR) Guidance for Proposed Solar Energy Facilities in Ohio.
(16) Solar energy systems and all solar energy equipment that are no longer functioning shall be completely removed from the property within twelve (12) months from the date they are no longer producing electricity, become damaged, discontinued or broken. Any earth disturbance as a result of the removal of the ground mounted solar energy system shall be graded and reseeded within thirty (30) days of removal.
(17) In addition to the the site plan required for any zoning permit or conditional use permit, the following shall also be submitted at the time of the application and shall include:
A. Height of the proposed solar energy system(s) at maximum tilt.
B. Evidence of established setbacks and "clear fall zone"
C. Proof of notice to the electric utility regarding the proposal.
D. Construction plans including a drainage plan, including methods of stormwater management and sediment and erosion plans, shall be in strict compliance with the standards set forth by the City Engineer. The construction plans must be approved by the City Engineer before a zoning certificate can be applied for.
E. A narrative of expected and potential impacts to ecological, cultural, archeological, and agricultural resources and impacts to neighboring land uses.
F. A landscaping plan.
G. A screening and buffering plan, including any wildlife corridors.
H. A narrative addressing the expected lifespan of the facility, expected regular maintenance activities, and an end-of-life decommissioning plan in accordance with Section 1166.05 of the Codified Ordinances of the City of Bellefontaine.
I. A list of all adjacent property owners, their parcel numbers, and addresses.
(e) The City Engineer and the Board of Zoning Appeals shall use Ohio Revised Code and Ohio Administrative Code rules and regulations as guidelines for additional restrictions on all principal solar energy production facilities, including without limitation Ohio Administrative Code Rule 4906-4-09.
(Ord. 25-26. Passed 5-27-25.)
1166.05 DECOMMISSIONING PLAN FOR SOLAR GENERATION REQUIRED.
(a) For purposes of this Chapter 1166 of the Codified Ordinances of the City of Bellefontaine, "applicant" means an applicant for a zoning permit issued by the City Engineer, as approved by the Board of Zoning Appeals as a conditional use, to construct, operate, or maintain a principal solar energy production facility, and includes any subsequent person to whom the permit is transferred.
(b) At least sixty (60) days prior to submission to the Board of Zoning Appeals, the applicant shall submit a comprehensive decommissioning plan for review and approval by the City Engineer, or its designated third-party reviewer. Applicant shall be responsible for the review fees (as designated or on file in the office ofthe City Engineer) for the decommissioning plan. No zoning permit and/or conditional use permit shall become final until all requirements set forth in this Chapter 1166 have been satisfied.
(Ord. 25-26. Passed 5-27-25.)
1166.051 DECOMMISSIONING PLAN REQUIREMENTS AND ESTIMATED COSTS.
(a) The decommissioning plan submitted to the City Engineer under Section 1166.05(b) of the Codified Ordinance of the City of Bellefontaine shall be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors. The City Engineer may reject the engineer chosen by the applicant and require the applicant to choose another qualified engineer.
(b) The plan shall contain the following:
(1) A list of all parties responsible for decommissioning;
(2) A schedule of decommissioning activities, not to extend beyond twelve (12) months from the date the principal solar energy production facility ceases operation;
(3) An estimate of the full costs of decommissioning the principal solar energy production facility, including the proper disposal of all facility components and restoration of the land on which the facility is located to its preconstruction state. The estimate shall not take into account the salvage value of any materials from the facility.
(Ord. 25-26. Passed 5-27-25.)
1166.052 DECOMMISSIONING ESTIMATED COSTS RECALCULATION.
The estimate of the total decommissioning costs of a principal solar energy production facility, as described in subsection (b)(3) of Section 1166.051 of the Codified Ordinance of the City of Bellefontaine, shall be recalculated every five (5) years by an engineer retained by the applicant. (Ord. 25-26. Passed 5-27-25.)
1166.06 DECOMMISSIONING PERFORMANCE BOND REQUIRED.
(a) Prior to beginning construction, the applicant shall post a performance bond to ensure that funds are available for the decommissioning of the facility.
(b) The City of Bellefontaine shall be the obligee of the bond.
(Ord. 25-26. Passed 5-27-25.)
1166.061 DECOMMISSIONING PERFORMANCE BOND AMOUNT.
The performance bond required by Section 1166.06 of the Codified Ordinances of the City of Bellefontaine shall be equal to the estimate of the costs of decommissioning included in the decommissioning plan described in Section 1166.052 of the Codified Ordinances of the City of Bellefontaine. (Ord. 25-26. Passed 5-27-25.)
1166.062 DECOMMISSIONING PERFORMANCE BOND UPDATE.
(a) The performance bond for the decommissioning of a principal solar energy production facility shall be updated every five (5) years, based on the most recent estimates, as described in Section 1166.061 of the Codified Ordinances of the City of Bellefontaine.
(b) If the costs of decommissioning are greater in the most recent estimate than the costs of the immediately preceding estimate, the performance bond shall be increased proportionately.
(c) If the costs of decommissioning are lower in the most recent estimate than the costs of the immediately preceding estimate, the performance bond shall not be decreased.
(Ord. 25-26. Passed 5-27-25.)
1167.01 TRAILERS PROHIBITED; EXCEPTIONS.
Parking of a trailer in any R District shall be prohibited, except that one trailer may be stored as an accessory to a principal use, provided that no living quarters shall be maintained or any business conducted in connection therewith while such trailer is parked or stored. It is understood that trailer as used herein shall not be construed to mean manufactured housing or
semi tractor and/or trailer.
1167.02 WHEELS NOT TO BE REMOVED.
In any district, the wheels or any similar transporting devices of any trailer or camp car, shall not be removed except for repairs, nor shall such trailer or camp car be otherwise permanently fixed to the ground in a manner that would prevent removal of the trailer or camp car.
1167.03 ENTRANCES TO MANUFACTURED HOME PARK; MOTEL.
No vehicular entrance to or exit from any manufactured home park or motel, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library or institution for dependents or for children except where such property is in another block or another street which the premises in question do not abut.
1169.01 PURPOSE.
It is the purpose of this chapter, to promote the health, safety and welfare of the community by establishing regulations governing the siting, construction and maintenance of factory-built housing on individual City lots It is further the intent of this chapter to permit a wider range of housing opportunities while assuring the compatibility of a variety of housing types
within certain residential districts.
1169.02 DEFINITIONS.
"Factory-built Housing" means a factory-build structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory-built Housing has the following features or characteristics: It is mass produced in a factory; designed and constructed for transportation to a site with or without a chassis for installation and use when connected to required utilities; either an independent, individual factory erected building or a module with two or more sides erected at the factory, for combination with other elements to form a building on the site. For the purposes of this chapter, "factory-built housing" shall include the following:
(a) "Manufactured Home". Any nonself-propelled housing transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards.
(b) "Modular Home". Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes. Such housing may be made of one or more modular units and referred to as a "sectional".
(c) "sectional Home" means a dwelling made of two or more modular units transported to the homesite, put on a foundation and joined to make a single dwelling.
(d) "Mobile Home”. A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
(e) "Mobile Home, Double-wide or Triple-wide" means a mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
(f) "Mobile Home, Expandable" means a mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
This category does not include the sub-assembly methods or construction know as pre-fab or pre-cut, in which cases some portions or the preparation or sub-assembly may be done at the factory but not erected until at the foundation site.
1169.03 SITING REQUIREMENTS.
Any factory-built housing proposed to be located in any district shall comply with the following requirements:
(a) The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.
(b) All hitches, axles, wheels, and conveyance mechanisms shall be removed from the structure.
(c) The structure shall be so oriented on the site that its long axis is parallel with the street, and it shall have an entranceway facing the street, except where diagonal placement and the addition of a garage, carport, or other accessory structure may be permitted by subdivision regulation and yard requirement.
(d) The site shall be suitably landscaped, with adequate screening devices as elsewhere required.
(e) The siting of the structure shall comply with all yard and setback requirements in effect for the district for which it is proposed.
(f) The siting of the structure shall comply with all parking requirements in effect for the district for which it is proposed.
(g) The site shall be serviced by utilities in such manner as required by ordinance.
1169.04 ZONING OF FACTORY-BUILT HOUSING.
(a) Mobile Homes shall be permitted only in approved mobile home parks.
(b) Factory-Built Housing which meets the design of current standards contained in this chapter shall be permitted as follows:
(l) Sectional homes and modular homes shall be permitted in R-1, R-2 and R-3 Districts.
(2) Manufactured homes shall be permitted in R- 2 and R-3 Districts only as a conditional use which shall require the approval of the Board of Zoning Appeals. (Ord. 16-09. Passed 4-12-16.)
1169.05 SINGLE-FAMILY DESIGN AND APPEARANCE STANDARDS.
Single-family residential homes, whether factory-built housing or site-built construction, shall comply with the following design and appearance standards:
(a) The structure shall be in conformance with the siting requirements contained in Section 1169.03.
(b) The structure and any accessory structures or uses will conform to all other regulations in effect for the district in which it is located.
1169.06 UNIFORMITY WITH RESPECT TO GRANTING OF VARIANCES.
The granting of variances from the requirements of this chapter with respect to the siting of single-family home structures, their design or appearance, shall be uniformly and equitably done, irrespective of the fact that the structure proposed for such siting is a site- built structure or factory-built home.
1171.01 REGULATION OF MANUFACTURED HOME PARKS.
1171.02 DEFINITION.
"Manufactured Home Park" means any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and include any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. A tract of land which is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a manufactured home park even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. "Manufactured Home Park" does not include any tract of land used solely for the storage or display for sale of manufactured homes.
"Manufactured Home". Any nonself-propelled housing transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet,-and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards.
1171.03 ZONING.
1171.04 GENERAL STANDARDS FOR MANUFACTURED HOME PARKS.
The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed manufactured home park development in terms of the following standards and shall find adequate evidence that such development meets these standards prior to granting any such conditional use permit.
(a) The proposed park will be served adequately by essential public facilities and services such as highways, streets, drainage, refuse disposal, schools, police and fire protection, or that the persons or agencies proposing the establishment of the park shall be able to provide any such services adequately;
(b) The vehicular approaches to the proposed park property will be so designed as not to create traffic interference or congestion on surrounding public streets or roads;
(c) The establishment of the proposed park will not result in the damage, destruction, or loss of any natural, scenic, or historic features of major importance;
(d) The establishment of the proposed park shall not be demonstrable detrimental to the value of surrounding properties or to the character of the adjacent neighborhoods.
1171.05 MANUFACTURED HONE PARK REQUIREMENTS.
(a) All manufactured home parks shall comply with the requirements of Ohio Administrative Code Chapter 3701 promulgated by the Ohio Public Health Council in accordance with Chapter 3733 of the Ohio Revised Code.
(b) All manufactured home parks shall comply with the requirements of R-3 Multi- Family Residence Districts as applicable.
1173.01 ENTRANCE; DISTANCE REQUIREMENTS.
No gasoline service station or garage service station, parking lot for twenty-five or more motor vehicles, or parking garage or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
1173.02 OIL DRAINING PITS.
No gasoline filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose, other than filling caps, is located within twelve feet of any street lot line or within twenty-five feet of any R District, except where such appliance or pit is within a building.
1175.01 PURPOSE.
The purpose of Sections 1175.01 to 1175.09 inclusive of this Ordinance is to promote the public health, safety and welfare by regulating amusement arcades where mechanically or electronically operated amusement devices are kept, operated, or maintained. It is further the intent of these sections to coordinate the provisions of this Ordinance with the requirements governing the licensing and regulation of mechanical amusement devices in such a manner that, in the event of any conflict between the respective regulations, the more restrictive requirement or the more severe penalty shall prevail.
1175.02 DEFINITION.
The following definitions shall apply in the interpretation of this Ordinance:
"Amusement Arcade" means a place of business within a building or any part of a building having more than five (5) mechanical or electronically operated amusement devices which are used for the purpose of public entertainment through the operation, use, or play of any table game or device commonly known as an electronic game which is operated by placing therein any coin, plate, disc, slug, key, or token of value by payment of a fee.
"Mechanical or Electronically Operated Amusement Device" means any machine, device or instrument which, by the payment of a fee or other things of value, or by the insertion of a coin, plate, disc, slug, key or token, operates or may be operated as a game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, tokens or merchandise or check redeemable in money or anything of value. Mechanical or electronically operated amusement device includes, but is not limited to, devices such as mechanical baseball, mechanical football, pinball machines, any table game or device commonly known as an electronic game, and other similar types of devices; provided, however, that this definition is not intended to, nor shall it be construed to, include merchandise vending machines or coin operated mechanical or electrical musical instruments or devices.
"Exhibitor" means any person owning and exhibiting or contracting or permitting any mechanical or electrically operated amusement device to be installed, used and exhibited in his own place of business, irrespective of the ownership of such device.
1175.03 CONDITIONAL USE PERMIT REQUIRED.
No amusement arcade shall be established, operated or maintained in any place of business or on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of this Ordinance. In addition to said provisions, amusement arcades shall comply with the following conditional use criteria:
(a) Amusement arcades shall comply with the district regulations applicable to all properties in any zoning district in which they are located.
(b) Amusement arcades shall have an adult who is 18 years of age or over on the premises and supervising the amusement arcade at all times during its hours of operation.
(c) Amusement arcades shall have necessary security personnel as required by the appropriate law enforcement agency to police the interior and exterior of the premises.
(d) The interior of the amusement arcades shall provide a minimum area per coin- operated amusement device equal to the size of the device plus two (2) feet of area on each side plus an area of four (4) feet in front of the device.
(e) Prior to the issuance of a conditional use permit the applicant shall provide evidence that the structure meets the minimum requirements of the appropriate electrical and fire codes.
(f) If the place of business or premises for which an amusement arcade is proposed is a free standing building, the application for the conditional use permit shall include an approvable exterior lighting plan.
(g) In establishments which serve alcoholic beverages, any area containing amusement devices shall be separated from that portion or portions of the establishment wherein alcoholic beverages are served or sold for carrying out of the premises.
(h) No amusement arcade may be established, operated or maintained in any place of business or on any premises which is within 500 feet of any adult entertainment business.
(i) The application for the conditional use permit shall be accompanied by a copy of the applicant's license to operate and exhibit amusement devices, and a notarized statement that the applicant shall not permit any person 16 years of age or younger to operate any devices on the premises before 3:00 p.m. on days when school is in session.
1175.04 ZONING OF AMUSEMENT ARCADES.
Amusement arcades shall be conditionally permitted uses only in the following districts: B-1, B-2, and B-3.
1175.05 MAINTENANCE OF A NUISANCE PROHIBITED.
It shall be the obligation of the exhibitor of an amusement arcade to maintain peace and quiet and order in and about the premises. Failure to do so shall constitute a nuisance, which shall be a minor misdemeanor.
1175.06 RESTRICTED ACCESS TO CERTAIN MINORS.
No amusement arcade exhibitor shall permit, on days when school is in session, any person 16 years of age or younger to operate any mechanical or electrically operated amusement device or to be or remain in an amusement arcade before 3:00 p.m. This provision does not apply to juke boxes, mechanical musical instruments, or other mechanical amusement devices designed to be ridden, such as mechanical horses, automobiles, and carrousels. Violation of this provision shall be a minor misdemeanor.
1175.07 COMPLAINTS REGARDING AMUSEMENT ARCADES.
Any resident of the city may submit a written notice of complaint regarding the operation of any amusement arcade to the Zoning Inspector. The notice of complaint shall include the name and address of the complainant, the address of the location of the amusement arcade, and the specific reasons why the individual is complaining.
If the Zoning Inspector determines, after interviewing both the complainant and the amusement arcade exhibitor, that the specific reasons in the complaint appear to be proper grounds for suspension or revocation of the conditional use permit, he shall refer the matter to the Board of Zoning Appeals.
1175.08 REVOCATION OF CONDITIONAL US E PERMIT.
The Zoning Inspector shall revoke the conditional use permit for any amusement arcade in the event that the license to operate such amusement arcade is revoked. In additions the Zoning Inspector shall revoke the conditional use permit for any amusement arcade if so determined pursuant to the action of the Board of Zoning Appeals, or to the final decision from appeal to the Court of Common Pleas of Logan County according to the provisions of 1125.07
.
1175.09 PROCEDURE FOR REVOCATION.
The Zoning Inspector shall notify in writing the Board of Zoning Appeals whenever he has reason to believe that the operation of an amusement arcade has resulted in a violation of any provision of this Ordinance. Within (ten) 10 days from said notification the board of Zoning Appeals shall hold a public hearing to determine whether the conditional use permit should be revoked.
Notice of this hearing shall be served on the amusement arcade exhibitor and, if the Zoning Inspector referral to the Board of Zoning Appeals originated from a complaint by any resident, similar notice shall be served on the complainant at least (five) 5 days before the hearing. The Board of Zoning Appeals may also give such other notice as it deems appropriate, including notice to property owners and notice in a newspaper of general circulation. The Board of Zoning Appeals shall make a decision within (five) 5 days after the hearing and shall notify the amusement arcade exhibitor and, if applicable, the complainant. The decision of the Board of Zoning Appeals may be appealed to the Court of Common Pleas of Logan County.
1177.01 PURPOSE.
The purpose of Sections 1177.01 to 1177.04 inclusive of this Ordinance is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate entertainment businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residentially zoned areas, schools, churches, parks and playgrounds within the city.
1177.02 DEFINITION.
The following definition shall apply in the interpretation of this Ordinance:
(a) "Adult Entertainment Business" means an adult book store, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined in this section.
(b) "Adult Book Store" means an establishment which utilizes 15 percent or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(c) "Adult Motion Picture Theater" means an enclosed motion picture theater which is regularly used or utilizes 15 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(d) "Adult Motion Picture Drive-In Theater" means an open air drive-in theater which is regularly used or utilizes 15 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(e) "Adult Only Entertainment Establishment" means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(f) "Adult Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, beastiality, or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, beastiality, or human bodily functions of elimination.
(g) "Bottomless" means less than full opaque covering of male or female genitals, pubic area or buttocks.
(h) "Nude or Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(i) "Topless" means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(j) "Sexual Activity" means sexual conduct or sexual contact, or both. "Sexual Contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(k) "Sexual Excitement" means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
1177.03 CONDITIONAL USE PERMIT REQUIRED.
No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with this Ordinance. In addition to said provisions, an adult entertainment business shall comply with the following conditional use criteria:
(a) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.
(b) No adult entertainment business shall be permitted in a location which is within 1,500 feet of another adult entertainment business;
(c) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center;
(d) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary of any residential district;
(e) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the city.
1177.04 ZONING OF ADULT ENTERTAINMENT BUSINESSES.
Adult entertainment businesses shall be conditionally permitted in accordance with the following schedule:
Conditionally Permitted Use | Districts Wherein Permitted |
Adult Book Store | M-2 |
Adult Motion Picture Theater | M-2 |
Adult Motion Picture Drive-In Theater | M-2 |
Adults Only Entertainment Establishment | M-2 |
(Ord. 15-10. Passed 3-10-14.)
1179.01 PURPOSE.
facilities in stable and suitable neighborhoods so that the living environments of their residents are conducive to their rehabilitation.
1179.02 DEFINITION.
"Group Residential Facility" shall mean any community residential facility, licensed and/or approved and regulated by the State of Ohio, which provides rehabilitative or habilitative services. There are two classes of Group Residential Facilities:
Class I: Any state, federal, or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or predeliquent children, the physically handicapped or disabled, or those with developmental disabilities or mental illnesses. A Class I Type A group residential facility contains six (6) or more residents, exclusive of staff. A Class I Type B group residential facility contains five (5) or less residents, exclusive of staff.
Class II: Any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and drug users, provided detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains six (6) or more residents, exclusive of staff. A Class II Type B group residential facility contains five (5) or less residents, exclusive of staff.
1179.03 CONDITIONAL USE PERMIT REQUIRED.
A Class I Type B group residential facility is permitted by right in any residential district. No other group residential facility shall be established, operated or maintained on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of this Ordinance. In addition to said provisions, such group residential facility shall comply with the following conditional use criteria:
(a) Evidence is presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency.
(b) Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy.
(c) Evidence is presented that the proposed facility will not generate an unreasonable increase in traffic volume or require special off-street parking.
(d) Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
(e) No such facility may be located within 600 feet of another such facility.
(f) No signs shall be erected by such facility for purposes of identification except a permitted street address sign.
(g) The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
(h) Such facility shall be reasonably accessible, by virtue of its location or transportation provided by the applicant, to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
(i) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
(j) The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
1179.04 ZONING OF GROUP RESIDENTIAL FACILITIES.
Group residential facilities shall be conditionally permitted uses as follows:
Class I Type A | R-3 |
Class II Type A | R-3 |
Class II Type B | R-3 |
1179.05 VARIANCE TO DISTANCING REQUIREMENT.
The Board of Zoning Appeals may grant a variance with respect to the distancing requirement contained in 1179.03
(5) if the applicant clearly demonstrates that the proposed location has unique advantages with respect to proximity to employment opportunities, social services, public transportation, or similar amenities.
1179.06 UNIFORMITY WITH RESPECT TO GRANTING OF CONDITIONAL USE PERMITS.
The granting of conditional use permits for the establishment of Group Residential Facilities shall be uniformly and equitably done, irrespective of considerations beyond the scope of these regulations.
1181.01 PURPOSE.
It is the purpose of this section to promote the public health, safety and welfare through the regulation of solid waste disposal facilities.
1181.02 LANGUAGE.
For purposes of this Section, the language "solid waste disposal facility" includes, but is not necessarily limited to: a solid waste, medical waste or toxic waste disposal facility, a solid waste, medical waste or toxic waste treatment facility; or similar facilities, and including but not limited to contaminated soils disposal sites and incinerators. Notwithstanding any language "solid waste disposal facility" does not include: any solid waste transfer station, or similar facility, to be constructed by, and operated by, a political subdivision of the State of Ohio; any medical waste disposal facility which will dispose of only medical waste generated on the same premises as the disposal facility; or any medical waste treatment facility which will treat only medical waste generated on the same premises as the treatment facility.
1181.03 PROHIBITION.
(a) Notwithstanding any provisions within these Codified Ordinances to the contrary no solid waste disposal facility shall be constructed or operated within the corporate limits of the City, and any such construction is hereby expressly prohibited.
(b) The lawful use of any building, structure, land or premises as a solid waste disposal facility at the time of the effective date of this section constitutes a non-conforming use and may be continued as a nonconforming use. No solid waste disposal facility lawfully existing at the time of the effective date of this section shall be expanded, and any such expansion is hereby expressly prohibited.
1181.04 PENALTY.
Whoever violates any provision of this Chapter is guilty of a misdemeanor of the third degree. Each day's violation shall constitute a separate offense. The Law Director is authorized to seek injunctive relief against violation of this Chapter.
1183.01 PURPOSE.
It is the purpose of this Section to promote the public health, safety, and welfare through the regulation of home occupations. It is further the intent of these Sections to allow limited non- residential uses in residential structures which are compatible with the residential character of their
surroundings.
1183.02 DEFINITION.
"Home Occupation" means an accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, tax consulting and the like shall involve not more than three receivers of such services at any one time, with the exception of certified or uncertified Type B Family Day-Care Homes, which constitute a residential use and not an accessory use.
1183.03 HOME OCCUPATION AS A PERMITTED USE.
A home occupational shall be a permitted use if it complies with the following requirements:
(a) The external appearance of the structure in which the use is conducted shall not be altered, and not more than one sign no larger than one (1) square foot shall be mounted flush to a wall of the structure.
(b) No internal or external alterations, construction, or reconstruction of the premises to accommodate the use shall be permitted.
(c) There shall be no outside storage of any kind related to the use, and only commodities produced on the premises may be sold on the premises; no display of products may be visible from the street.
(d) Not more than twenty-five (25) percent of the gross floor area of the dwelling shall be devoted to the use.
(e) No equipment, process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
(f) No additional parking demand shall be created.
(g) No person who is not a resident of the premises may participate in the home occupation as an employee or volunteer.
1183.04 HOME OCCUPATION AS A CONDITIONALLY PERMITTED USE.
A person may apply for a conditional use permit for a home occupation which does not comply with the requirements of Section 1183.03. The criteria for the issuance of such a permit for a home occupation are as follows:
(a) There shall be no more than two (2) non-residential employees or volunteers to be engaged in the proposed use.
(b) Sales of commodities not produced on the premises may be permitted, provided that the commodities are specified in the application and are reasonably related to the home occupation.
(c) The home occupation may be permitted to be conducted in a structure accessory to the residence, provided the application so specifies.
(d) Outside storage related to the home occupation may be permitted, if totally screened from adjacent residential lots, provided the application so specifies.
(e) Not more than thirty (30) percent of the gross floor area of any residence shall be devoted to the proposed home occupation.
(f) The external appearance of the structure in which the use is to be conducted shall not be altered, and not more than one sign no larger than two (2) square feet shall be mounted flush to the wall of the structure.
(g) Minor or moderate alterations in accordance with this Ordinance may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction.
(h) No equipment, process, materials or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
(i) No more than two (2) additional parking places may be proposed in conjunction with the home occupation, which shall not be located in a required front yard.
1183.05 INVALIDATION OF HOME OCCUPATION CONDITIONAL USE PERMIT.
For the purposes of this Ordinance a conditional use permit issued for a home occupation shall cease to be valid at such time as the premises for which it was issued is no longer occupied by the holder of said permit. Such conditional use permit shall also be immediately invalidated upon the conduct of the home occupation in any manner not approved by the Board of Zoning Appeals.
1183.06 ZONING OF HOME OCCUPATION.
Home occupation shall be a permitted and/or conditional use in R-2 Residential Districts.
1185.01 DEFINITIONS.
As used in this chapter:
(a) "Wind load" means the applied force in pounds per square foot over the display area of the sign which is exposed to the action of the wind.
(b) "Free-standing sign" means a sign supported by or suspended from a post or posts, column or other structure, in or upon the ground, except a sign that is attached to a building or a roof sign.
(c) "Roof sign" means a sign erected above the roof line of a building that is wholly supported by the building.
(d) "Industrial sign" means a free-standing sign that may display the name, address and products produced at an industrial establishment or guide the traveling public to the location of such industry.
(e) "Tourist sign" means a sign that assists the traveling public in locating historic, scenic and other places of interest.
(f) "Temporary sign" means a sign that conveys a message, either by word or picture or both, that is movable or portable, and is not, therefore, permanently or securely fastened or attached to a building, the ground or a structure.
(g) "Political signs" means a sign that by word, design, picture or symbol advertises any candidate or political party, issue, levy, referendum or other matter to be voted upon in any general, primary or special election, or a sign that advocates by word, picture, design or symbol any type of political action to be taken or already taken by the electorate or its representatives at any level of government.
(h) "Minimum height" means the vertical distance measured from the nearest finished grade to the lower part of the display surface.
(i) "Structure" means a device that supports or is capable of supporting a sign. A sign structure may be a single pole and may or may not be an integral part of the building.
(j) "Building or lot frontage" means that side of a building or lot which faces a public dedicated street, alley or public parking area. If a building or lot faces a street or alley and a parking area, that side facing the street or alley shall be the building or lot frontage. When a business establishment faces more than one street, highway or alley, the primary building or lot frontage shall refer to that side of the building or lot of such business establishment which faces the highway, street or alley that is considered by the City or State traffic authorities to be the most primary route.
(k) "Primary street" means that street considered by the City or State traffic authorities to be a primary route.
(l) "Real estate sign" means a sign offering real estate for sale or for rent or indicating that real estate has been sold.
(m) “Auctioneer sign" means a sign advertising for sale, by a licensed auctioneer, at a specific date, place and time, any one or all of the following: real estate, business merchandise, household goods or other chattels.
1185.02 APPLICABILITY OF CHAPTER.
The provisions of this chapter shall apply to all outdoor advertising or display signs of every nature, except as otherwise provided herein, either specifically or by necessary implication.
1185.03 PERMIT REQUIRED; APPLICATION; FEE.
(a) No outdoor display or advertising sign shall be hereafter erected or altered within the City until a permit for the same has been issued by the Zoning Inspector.
(b) The application for a permit shall be in such form as may be prescribed by the Inspector from time to time, but it shall contain information that will adequately describe such sign, its location and design and the material from which it is constructed, in order to afford the Inspector sufficient information to apply the provisions hereof. Such application form shall be provided by the Inspector and be available at his office.
(c) A fee in the amount of ten dollars ($10.00) per sign shall accompany each permit application. Such fee shall not be refundable. Upon receipt of a proper application and fee, the Inspector shall, in writing, within fifteen days, either approve or reject such application and, if approved, shall issue a permit therefor. Any rejection shall be accompanied by the reasons therefor.
1185.04 APPEAL OF DECISION OF ZONING INSPECTOR.
An appeal from a decision of the Zoning Inspector may be taken by any aggrieved person or Municipal official within twenty days from the date of the decision from which the appeal is taken, by mailing a certified letter to the Chairman of the Board of Zoning Appeals setting forth the grounds for such appeal and enclosing the appropriate fee of forty dollars ($40.00). A copy of such appeal letter shall be mailed to the Inspector, who shall forth-with transmit to the Board all information in his possession concerning the decision upon which the appeal is taken.
Upon receipt of an appeal letter and the payment of the fee, the Board shall place the matter on the agenda of its next meeting and shall give the required notice for such hearing. The Board shall make a decision on the appeal within fifteen days after the hearing thereon. The Board may vary the application of this chapter to any particular case when, in its opinion, enforcement thereof would do manifest injustice, would be contrary to the spirit and purpose of this chapter or other zoning provisions, would be contrary to the public interest or when, in its opinion, the decision of the Inspector should be modified or reversed. A decision of the Board shall be in writing and shall specify the reasons therefor. The Inspector shall take action immediately in accordance with the decision of the Board.
1185.05 REMOVAL OF SIGNS HAVING NO PERMIT.
Any sign altered, placed or erected after the effective date of this chapter for which a permit has not been issued, shall be removed by the owner or person, firm or corporation having control thereof immediately upon receipt of written notice sent by certified mail by the Zoning Inspector. If such party fails to remove the same within five days thereafter, the same may be removed at the direction of the Inspector at the expense of such owner or person, firm or corporation having control thereof.
1185.06 BIENNIAL INSPECTION.
The Zoning Inspector shall inspect or cause to be inspected biannually, or at such additional time as he deems necessary, each outdoor display and advertising sign in the City for the purpose of ascertaining whether the same is secure or insecure, whether it is in need of removal or repair and whether it is in conformity with the provisions of this chapter.
1185.07 REMOVAL OF UNSAFE OR NONCOMPLYING SIGNS.
If the Zoning Inspector decides that any outdoor display or advertising sign now existing or hereafter erected is unsafe or insecure, or is being maintained in violation of this chapter, he shall give written notice of his decision by certified mail to the owner or person, firm or corporation having control thereof. Oral notice may be utilized where the danger to public safety is imminent. If such party fails to remove or alter the structure in order to comply with the standards herein set forth within the time specified in such notice or fails to appeal such decision as provided by Section 1185.04
such outdoor display or advertising sign shall be removed at the direction of the Inspector at the expense of such owner or person, firm or corporation having control thereof.
1185.08 NUMBER, DATE AND VOLTAGE TO BE ON SIGNS.
The owner or the person, firm or corporation having control of an outdoor display and advertising sign of a permanent nature hereafter erected shall have stamped in a conspicuous place thereon the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.
1185.09 PAINTING REQUIRED.
The owner or the person, firm or corporation having control of an outdoor sign in the City shall have the same and all parts and supports thereof properly painted. The Zoning Inspector shall determine if the same is properly painted.
1185.10 WIND PRESSURE AND DEAD LOAD REQUIREMENTS.
All permanent outdoor and other advertising structures being maintained as well as those erected after the effective date of this chapter shall be designed and constructed to withstand a wind pressure of forty pounds per square foot of area and to receive dead and/or live loads as required in the Building code or other ordinances of the City. Certificates that the structure is designed according to these standards are to be furnished by the owner and/or applicant upon request by the Zoning Inspector.
1185.11 REMOVAL OF CERTAIN SIGNS.
Any outdoor sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon decision by certified mail from the Zoning Inspector. Upon failure to comply with such notice or failure to appeal such decision within the specified times, the Inspector is authorized to cause removal of such sign. any expenses incurred by such removal shall be paid by the owner of the building or structure to which the outdoor sign is attached.
1185.12 EXEMPTIONS.
(a) A sign having not more than ten square feet of display surface and fastened flat or flush against a building, on or over a show window or door of a store or business establishment, announcing without display or elaboration only the name of the proprietor and the nature of his business;
(b) A sign having not more than one square foot of display surface on a residence building, stating the name, address or other identification of the occupant, without any designation of the occupation or profession of the occupant;
(c) A sign having not more than ten square feet of display surface, on a public building or institution, giving the name and nature of the occupancy and information as the conditions of use or admission;
(d) Directional or traffic control signs on private property, provided such signs are reasonably necessary for the regulation of traffic or of parking areas. Such signs shall relate only to traffic flow and shall be located back of the sidewalk towards the property. No such sign shall include advertising material or be larger than reasonably required for its purpose;
(e) Church signs (See Section 1185.20);
(f) Real estate signs in residential zones (See Section 1185.22);
(g) Tourist signs (See Section 1185.18);
(h) Auctioneer signs (See Section 1185.25); and
(i) Political signs (See Section 1185.26).
(j) Outdoor decorative banners attached to utility and/or light poles promoting the City of Bellefontaine and/or its Downtown Business District and which are placed with the written authorization of the Service-Safety Director and which proceeds from any sponsorship of said banner are used for promotion and funding of the Downtown Bellefontaine Partnership.
(Ord. 07-03. Passed 2-27-07.)
(Ord. 07-03. Passed 2-27-07.)
1185.13 ALTERATIONS.
No person shall alter, enlarge, extend or relocate any sign except in conformity with this chapter. The repainting and relettering of signs, including copy changes, shall not be deemed to be an alteration if the sign structure itself is not change.
1185.14 EXISTING SIGNS; CONTINUANCE.
Except as otherwise specifically stated, nothing in this chapter shall require the removal or discontinuance of an existing permanent display sign which is attached to the realty (as distinguished from a temporary or portable sign) that is not altered, enlarged, replaced, extended or relocated.
1185.15 GENERAL REQUIREMENTS.
(a) Nature Limited. Outdoor advertising signs erected after the effective date of this chapter shall be limited to advertising goods sold or services rendered on the premises and the name of the business. This provision shall not apply to political signs.
(b) Sign Area. The aggregate sign area or display surface of all exterior signs of every nature shall not exceed three square feet for each lineal foot of primary lot frontage of the business being advertised.
(c) Illuminated signs. Display signs illuminated by electricity, or equipped in any way with electrical devices or appliances, shall conform with respect to wiring and appliances to the provisions of the ordinances in the City relating to electrical installations. Signs shall not be illuminated by fluorescent lamps using more than 425 milliamperes or by transformers of more than thirty milliamperes capacity. Fluorescent lamps of 800 milliamperes may be used provided the spacing between such lamps is no less than nine inches from center to center of the lamp and such lamps are not closer than five inches from the center of the lamp to the inside face or faces of the sign. Signs shall not be illuminated by incandescent lamps of more than seventy-five watts, and such lamps shall not be closer from center to center than nine inches.
(d) Location; Attached Signs.
(1) All attached signs shall be mounted on the building which houses the business advertised by such signs and shall be located on or along a wall of such building which faces the street, parking lot or service drive.
(Ord. 17-16. Passed 5-9-17.)
(2) Such signs not more than fifteen inches in height and five square feet in area, projecting outward from the building wall not more than four feet, may be erected at each entrance to such building, provided that they comply with all other provisions of this chapter. The area of such signs shall not be included in determining the aggregate sign area of such building.
(3) Signs may be installed on an attached canopy, roof or marquee which projects beyond the building over a walk or yard, provided that no part of such a sign may extend above such canopy, roof or marquee and provided that they comply with all other appropriate provisions.
(4) No part of any sign in this section shall be less than eight feet above ground level.
(e) Free Standing Signs. Free-standing signs may be erected henceforth only in accordance with the following:
(1) Such signs heretofore erected, maintained and now in place, but not in accordance with the provisions of this chapter, are hereby declared to be conditionally permitted signs. They may be maintained until declared unsafe by action of the Zoning Inspector. However, no such conditionally permitted sign shall hereafter be relocated, rebuilt, enlarged, extended, replaced or otherwise altered in any material respect.
(2) No free standing sign shall be placed or anchored on the sidewalk or on the boulevard, nor shall any part of such sign, or the pole or support that holds or supports such sign, extend into or over any street, highway, alley, public walkway, sidewalk or boulevard. No such sign, its base, or any part of the structure shall be closer to the curb line than ten feet or the edge of the pavement when there is no curb. In case of a corner lot or other situations where the property abuts more than one public street, including alleys, the ten-foot limitation shall be determined by measuring from the primary street.
(f) Traffic Safety; Colors, Etc. Display signs shall not closely resemble the shape, form and color of official traffic signs, signals and devices.
(g) Traffic Obstruction. No display sign shall be so placed that it will obstruct or interfere with a required doorway or other required means of ingress and egress or with the flow of traffic.
1185.16 ROOF SIGNS.
Roof signs may henceforth be erected only in accordance with the following provisions in addition to all other applicable provisions of this chapter:
(a) Not more than one roof sign may be authorized for any business establishment.
(b) No roof sign shall be so erected and situated that it blocks the view of any other such sign.
1185.17 INDUSTRIAL SIGNS.
(a) Each manufacturer shall be allowed two industrial signs subject to the requirements of this chapter for free standing signs.
(b) The manufacturer shall secure in writing the permission of the property owner on whose property such sign is to be erected. Such permission shall be filed with the Zoning Inspector, who shall issue the required permit upon compliance with the requirements for other free standing signs.
1185.18 TOURIST SIGNS.
Tourist signs measuring up to six inches in height and thirty-six inches in length may be erected at the various street intersections in the City. They shall be lettered in black upon a white background. One such sign per intersection, which shall be fastened to an existing pole at such intersection, may be permitted. the location of such signs shall be approved by the Service Safety Director.
1185.19 R-DISTRICT; SIGNS PROHIBITED.
No display sign except tourists signs, church signs, institutional signs, real estate signs and home sale signs as permitted by City Ordinance shall be erected after the effective date of this chapter in any R- District, except as otherwise provided for in the chapters of this Zoning Code governing uses permitted in the several it-Districts, and except also that in the R-3 district, business signs attached to lawful business buildings may be authorized by the Zoning Inspector upon a finding that the same are reasonably required in connection with their proposed use and at the same time will comply with the provisions of this chapter. Such attached business signs shall be no more than two square feet in area. In addition, free standing signs may be permitted in the front yards of lawful business buildings in an R-3 area with the approval of the Zoning Inspector. Such free standing signs shall be no larger than three square feet in total area including both sides of the sign. Such authorization as may be granted hereunder is, however, subject to such conditions and restrictions as the Zoning Inspector may deem necessary for the protection of other property in or adjacent to such R-3 District. Each lawful business building in such R-3 District shall be limited to one business sign, either as attached to the building or as a free standing sign, in conformity with the provisions of this chapter for such signs.
1185.20 CHURCH, INSTITUTIONAL, FRATERNAL, AND VETERANS SIGNS.
(a) Directional Signs. Any bona fide church, religious sect or congregation, fraternal, or veterans organization may erect not more than four (4) directional signs in the City subject to the following specifications:
(1) Support, size and location. Such signs shall be mounted on a street post imbedded in concrete between the sidewalk and the curb so that the bottom of the sign is at least six feet from the ground. Such signs shall not exceed twenty-four inches in height or twenty-four inches in width and there shall be not more than one such sign located on the corner of any street intersection. The exact location of such signs must be approved by the Service-Safety Director.
(2) Permission of property owner. The church, sect or congregation, fraternal, or veterans organization shall secure in writing the permission of the private property owner on whose property such sign is to be erected. Such permission shall be filed with the City Engineering Department.
(b) Bulletin Signs. Any bona fide church, religious sect or congregation, fraternal or veterans organization, community center or similar semipublic or institutional organization may erect and maintain for its own use an announcement sign not over fifteen square feet in area on the same premises upon which such use is located. If not attached flat against a building, such sign shall be at least ten feet from all curb lines, or the edge of the placement if there are no curb lines, unless a variance is granted by a majority of the Board of Zoning Appeals.
1185.21 TEMPORARY SIGNS.
Temporary signs shall comply with the following provisions in addition to the other requirements of this chapter:
(a) Such signs shall not be placed on the sidewalk or boulevard, nor shall any part of such a sign extend into or over any street, highway, alley, public walkway, sidewalk or boulevard; except as may be specifically authorized by the Service- Safety Director.
(b) No part of such signs shall be closer to the curb line than ten feet, or the edge of the pavement when there is no curb. In case of a corner lot or other situations where the property abuts more than one public street or alley, the ten-foot limitation shall be determined by measuring from the primary street.
(c) Institutional, non-profit organizations shall be allowed to erect temporary promotional signs for an event such organization is sponsoring; however, the temporary signs shall not be erected more than one week before the event and such signs must be removed within seventy-two hours after such event.
(d) In addition to the above-described temporary signs, there may be other temporary signs as are specifically approved in writing by the Service-Safety Director for the purpose of promoting the health, safety and/or economic prosperity of the City of Bellefontaine and/or its citizens and which shall also comply with subsection (c) above.
(e) Any temporary sign to be displayed pursuant to this section shall only be authorized upon permit issued by the Service-Safety Director after application is made therefore at least ten days prior to the placement of such temporary sign.
(Ord. 03-51. Passed 8-12-03.)
1185.22 REAL ESTATE SIGNS.
Real estate signs may be erected only in accordance with the requirements of this section as follows:
(a) Residential, Office-Residential and Multiple-Family Developments. Signs offering real estate for sale or for rent or indicating that the same has been sold may be erected and displayed upon the lot or parcel offered for sale or for rent in residential, office-residential and multiple-family developments as follows:
(1) Such signs, which may be lettered on both sides, shall not exceed in the aggregate twenty-four square feet in area or display surface, counting both sides, and shall not exceed six feet in height above the ground level.
(2) Such signs shall be set back at least twelve feet from all property lines when possible or half the distance between the sidewalk and the building when the property is closer than twenty feet from the sidewalk. No sign shall be placed on the boulevard or sidewalk.
(3) Such signs shall not be illuminated.
(4) For sale or for rent signs shall be removed not later than fifteen days after the contract for sale or for rent of the property indicated by the sign has been closed. Signs indicating that the property has been sold shall not be displayed for more than fifteen days from the date of closing. A sign not removed after the fifteen-day period shall be removed by the Zoning Inspector and taken to the Police Station where the realtor shall have ten days to claim such sign by paying a five dollar ($5.00) fee. Such feel shall be deposited in the City General Fund.
(5) Real estate signs advertising multiple-family developments containing twenty or more dwelling units may contain up to 100 square feet of display surface, counting both sides, and shall be set back as provided for in subsection (a)(2) hereof.
(b) Commercial Districts and Industrial Districts. Wall signs or free standing signs, which meet all the other requirements of this chapter, offering real estate for sale or for rent, or indicating that the same has been sold, may be erected and displayed upon the lot or parcel offered for sale or for rent in commercial central-business and industrial districts. Such signs shall not be placed on or over the boulevard or on or over a street, highway, alley or sidewalk. such signs may be illuminated. There may not be more than one such sign per frontage, and such signs shall not exceed 200 square feet in total area, counting both sides. No sign shall be erected before written permission is obtained from the Zoning Inspector. All such signs shall be removed within thirty days after the date of closing. Any sign not removed after the thirty- day period shall be removed by the order of the Zoning Inspector at the expense of the owner of the sign.
(c) Subdivision Signs. Signs advertising the sale of lots in an undeveloped subdivision may be erected and displayed in such subdivision as follows:
(l) No such sign shall be located nearer than twenty-five feet to any street right-of-way line.
(2) When located twenty-five feet from the front property line, such sign shall not exceed thirty-two square feet in area or display surface. The maximum sign area may be increased by ten square feet for every additional ten feet of distance from the front property line.
(3) No such sign shall be more than ten feet in height above the established grade of the abutting street.
(4) Not more than one such sign, facing on any street, shall be permitted in a subdivision.
(5) Each sign shall be removed at the expiration of one year after its erection.
(6) No such sign containing twenty or more square feet shall be erected without first obtaining written permission from the Zoning Inspector.
(d) Contractor's Signs. Signs announcing the names of contractors, subcontractors and materialmen participating in the construction of a building shall be permitted during the actual construction period as follows:
(l) Such signs shall be located only on the parcel of land being improved, and not more than one such sign shall be permitted for each building being constructed.
(2) No such sign shall exceed thirty-five square feet in area or display surface on one side.
(3) No such sign shall extend more than eight feet above the grade of the lot on which it is located.
(4) Such signs shall not be located nearer the front property line than twenty feet.
(5) When a construction project is of a nonresidential character, a single sign may be erected exceeding the limitations of subsection (d)(1) to (4) hereof, subject to the written approval of the Zoning Inspector.
1185.23 ATTACHMENT OF SIGNS TO OTHER STRUCTURES.
No display or advertising sign shall be attached to the standard of a free standing sign other than the display surface originally constructed as a part of such sign.
1185.24 NONCONFORMING SIGNS; OWNERSHIP CHANGE.
A sign not in conformity with the provisions of this chapter, but which is excused from complying therewith because of its existence on the effective date of this chapter shall be required to conform with this chapter and should the business advertised thereby change ownership. The intent of this provision is to cause the eventual removal of any existing nonconforming sign and to create uniformity of signs within the City.
1185.25 AUCTIONEER SIGNS.
Auctioneer signs may hereafter be erected as follows:
(a) Such a sign, which may be lettered on both sides, shall not exceed, in the aggregate, twenty-four square feet in area or display surface, counting both sides, and shall not exceed six feet in height above the ground level.
(b) Such a sign shall be set back at least twelve feet from all property lines when possible, or half the distance between the sidewalk and the building when the property is closer than twenty feet from the sidewalk. No such sign shall be placed on a street, sidewalk, boulevard or public right of way.
(c) Such a sign shall be removed within forty-eight hours following the close of the auction.
1185.26 POLITICAL SIGNS. (REPEALED)
(EDITOR’S NOTE: Former Section 1185.26 was repealed by Ordinance 23-42, passed August 22, 2023.)
1185.27 PENALTY.
Any property owner on whose property a sign is exhibited that violates any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
1195.01 PROHIBITION OF DRUG PARAPHERNALIA ESTABLISHMENTS.
In addition to all other regulations in this Ordinance, the following provisions shall apply to the location of drug paraphernalia establishments in this City.
1195.02 PURPOSE.
It is the purpose of this Section to promote and protect the health, safety and welfare by prohibiting the location of drug paraphernalia establishments within this City. It is further the intent of this Section to establish penalties under this Ordinance for the illegal location of such establishments, in addition to the criminal penalties relating to their operation or establishment.
1195.03 DEFINITIONS.
The following definitions shall apply in the interpretation of this Ordinance.
(a) "Drug Paraphernalia Establishment" means any place or any part of a place, whether or not operated as a business, within a building structure, or dwelling, or any parcel located within the City where drug paraphernalia, as defined in this Section are manufactured, stored, displayed, processed, packaged, distributed, offered for sale, or sold. "Drug Paraphernalia Establishment" does not include manufacturers, wholesalers, retailers, pharmacies, or other persons or businesses or professions acting in accordance with the provisions of Ohio Revised Code Chapters 3719, 4715, 4729, 4731, and 4741, or properly licensed or authorized research facilities or hospitals.
"Drug Paraphernalia" means all devices, equipment, products, and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, enhancing the effect of or otherwise introducing into the human body a controlled substance as defined in Chapter 3719, Ohio Revised Code. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planing, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, rannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise clearing or refining marijuana or similar substances.
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in packaging small quantities of controlled substances.
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(11) Hypodermic syringes, needles and other object used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
(12) Objects or devices used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil or other controlled substance into the human body, such as: metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads, or punctured metal bowls; water pipes; smoking masks or carburetion tubes, pipes, masks, or devices; chamber pipes, electric pipes, air-driven pipes, ice pipes or chillers; chillums; bongs; miniature cocaine spoons or cocaine vials; roach clips; or similar devices or objects.
In determining whether a specific object or device is drug paraphernalia as herein defined, the following factors may be considered: instructions, descriptive materials, or advertising accompanying the object or device; statements by the owner or other direct or circumstantial evidence concerning its use, proposed use, or proposed sale; the proximity of any controlled substance to the object or device, or the presence of any controlled substance residue on the object or device; the manner in which it is displayed or offered for sale; expert testimony concerning its use.
1195.04 DRUG PARAPHERNALIA ESTABLISHMENTS AS PROHIBITED USES.
Drug Paraphernalia Establishments as herein defined are and shall be prohibited uses within all districts within this City. Any person who establishes, operates, or maintains a drug paraphernalia establishment, or instigates or participates in such action, shall be in violation of this Section and shall be guilty of a misdemeanor of the first degree, in addition to any other penalties specified in this Ordinance.
1197.01 DEFINITIONS.
A "recycling center" as used in this chapter, means an establishment or place of business used, maintained or operated for the purpose of collecting, sorting, cleansing, treating and reconstituting waste or other discarded material for the purpose of recovering and reusing the materials.
1197.02 CENTERS PERMITTED.
Recycling centers are only permitted in areas zoned Heavy Manufacturing District (M-2).
1197.03 CONDITIONS OF OPERATION.
(a) The operation of a recycling center shall be conducted solely within the confines of a building. Provided, nevertheless, materials to be recycled may be received and stored outside of the building temporarily in completely enclosed containers designed for the storage of such materials.
(b) The operation of a recycling center shall be conducted in such a manner so as not to produce noxious odors or cause health or fire hazards.
1197.04 INJUNCTIVE RELIEF.
The Director of Law, on behalf of the City, may seek injunctive relief against the operation or continued operation of a recycling center or establishment purporting to be a recycling center in violation of this chapter.
1197.05 ENFORCEMENT.
Any violation of this chapter is deemed a public nuisance and shall be subject to the abatement procedures and penalties of this Code.
1199.01 PURPOSE.
Planned unit development of land may be permitted to provide means for effectuating a more desirable physical development pattern than would be possible through the strict application of the requirements of the Subdivision Regulations or the Zoning Code. A certain flexibility in the design of a project should be permitted by the City to encourage the subdivider to adjust streets to irregular topography; to economize in the construction of utilities; and, among other things, to create architectural variations in the development as well as attractive and usable buildings and building sites. Such development shall be designed so as to enhance the community in general by providing amenities which are unique to the area.
1199.02 USES PERMITTED.
Compatible residential, commercial, industrial, public and quasipublic uses may be combined, provided that the proposed location of the commercial or industrial uses will not adversely affect or disregard adjacent property, public health, safety, morals and general welfare, and provided further that in a residential- commercial-industrial, residential-commercial, or commercial- industrial development the amount of land devoted to commercial and/or industrial usage shall not exceed fifty percent of the total land area of the development. A variety of housing and building types is encouraged by permitting an increased number of families per acre and by allowing reductions in lot dimensions, yards, building setbacks and area requirements.
1199.03 GENERAL REQUIREMENTS.
The gross area of the tract to be developed under the planned unit development approach shall comprise not less than ten acres. The minimum lot size shall be not less than seventy percent of the lot area per family or use which would be otherwise required. A minimum of ten percent of the land developed in a planned unit development project shall be reserved for open space and similar uses. Lot widths and required yards may be reduced to eighty percent of the requirement of this Zoning Code. The minimum tract size to be developed under the planned unit development may be reduced fifty percent where the proposed development is to contain only residential, commercial or industrial development, not a mixture of uses.
1199.04 DISPOSITION OF OPEN SPACE.
The amount of open space required to be reserved under a planned unit development shall either be held in corporate ownership by the owners of the project area building sites for the use of each owner who buys property within the development or be dedicated to the City and retained as open space for parks, recreation and related uses. All land dedicated to the City must meet the City Planning Commission's requirements as to shape, size and location. Public utility and similar easements and rights of way for watercourses and other similar channels are not acceptable for open space dedication to the City unless such land or right of way is unable as a trail or similar way and approved by the Commission. The developer may be required to contribute a reasonable sum to the City for maintenance of open space held by the public.
1199.05 RESIDENTIAL DEVELOPMENT PROJECTS.
The following regulations apply to planned residential developments:
(a) The lot area per family may be reduced, but such reduction shall not exceed thirty percent.
(b) Not less than ten percent of the total project area shall be devoted to open space and recreational facilities for the residents of the area being developed. The open space shall be disposed of as required in Section 1199.04. Every property subdivider under the planned unit development shall be designed to abut upon open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be not more than five townhouse units in any contiguous group. A variety of building setbacks, colors and building materials for contiguous townhouse units is encouraged.
(c) The lot widths may be reduced by not more than twenty percent of the requirement of the Subdivision Regulations or this Zoning Code. The lots width may be varied due to the variety of structural designs, and it is recommended that setbacks be varied. If lot widths for residential lots are varied by the subdivider, he shall enter into an agreement with the City that the property owners within a planned unit development of this nature shall be assessed equally for any improvement which may be by assessment rather than on a front footage basis.
1199.06 COMMERCIAL DEVELOPMENT PROJECTS.
The following regulations apply to planned commercial developments:
(a) Planned unit development of related commercial establishments is encouraged by varying the setback and requirements. Open space gained through the varying of setback and area requirements is to be used for the development of open plazas, pedestrian malls, tot lots and other public spaces and uses with adequate arrangement, design and plantings.
(b) Commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order reduce the number of potential accident locations at intersections and thoroughfares. In planning these groups of buildings or establishments, no yard space shall be required between uses within the groups; however, appropriate yard space must be provided at the edge of the complete development. A side yard of thirty feet and a rear yard of forty feet shall be required if the project is to be located adjacent to any residential district or planned residential unit development. Planting screens or fences shall be provided on the sides of the development abutting areas occupied or likely to be occupied by residents.
(c) Off-street parking and loading areas shall be provided. Group parking facilities shall provide spaces equal to the number of spaces required for each use to be developed.
(d) The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding existing or potential developments.
1199.07 INDUSTRIAL DEVELOPMENT PROJECTS.
The following regulations apply to planned industrial developments:
(a) Planned unit development of industrial establishments is encouraged by varying the setback and other requirements if it can be shown that the development results in a more efficient and desirable use of space.
(b) Industrial uses and parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands, if any, as buffers to screen lighting, parking areas, loading areas or docks and/or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping or groupings in order to economize in the provision of such utility services as are required. Thoroughfares shall be kept to a minimum throughout a planned industrial area in order to reduce through traffic
(c) Off-street parking and loading areas shall be provided with sufficient spaces to meet all anticipated needs. Loading and open space areas shall be screened by walls, fences or plantings wherever visible from residential areas or public streets and highways.
(d) Project side yards of forty feet and a rear yard of fifty feet shall be required if the projects are located adjacent to any residential district or planned residential unit development. All intervening spaces between the right-of-way line and the project building line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
(e) Certain types of commercial uses, such as restaurants, central secretarial or stenographic pools, or other business service-type uses, repair services or clinics that may form a small commercial center to serve the needs of the industries or their personnel, may be permitted in a planned industrial area.
1199.08 PROCEDURE FOR THE APPROVAL OF PLANNED UNIT DEVELOPMENTS.
The procedure to be followed for the approval of planned unit developments shall be outlined as below:
(a) Preapplication Meeting. The developer shall meet with the Planning Commission's designated representative prior to the submission of the preliminary development plan. The purpose of this meeting is to discus early and informally the purpose and effect of this section and the criteria and standards contained herein and to familiarize the developer with the Subdivision Regulations and the drainage, sewer and water systems of the City.
(b) Contents of Application for Approval of Preliminary Development Plan. An application for preliminary planned unit development shall be filed with the Clerk of the Planning Commission at least fourteen days and not more than thirty days prior to the next meeting of the Commission by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain or be accompanied by the following information:
(1) All plat contents and supplementary information for Preliminary Plats as required in the City's Subdivision Regulations, as amended.
(2) Proposed schedule for development of the site.
(3) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development within two years.
(c) Public Hearing by Planning Commission. Within thirty days after receipt of the preliminary development plan, the Planning Commission shall schedule a public hearing.
(d) Notice of Public Hearing by Planning Commission in Newspaper. Before holding the public hearing as required above, notice of such hearing shall be given in one newspaper of general circulation in the City at least twenty days before the date of the hearing. The notice shall set forth the time and place of the public hearing and a general description of the planned unit development.
(e) Notice to Property Owners by Planning Commission. Before holding the public hearing as required above, written notice of such hearing shall be sent by the Clerk of the Planning Commission by first class mail, at least twenty days before the hearing to all owners of property contiguous to and directly across the street (road) from the area proposed to be included within the planned unit development district. The failure to deliver the notice, as provided herein, shall not invalidate any such action taken. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) hereof.
(f) Approval in Principle by Planning Commission. Within forty days after the public hearing required by subsection (c) hereof, the Planning Commission shall take action to determine if the preliminary development plan is consistent with the intent and purpose of the section; whether the proposed development advances the general welfare of the City and neighborhood; and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels, or engineering feasibility.
(g) Final Development Plan. After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan which was approved in principle. Eight copies of the final development plan shall be submitted.
(h) Contents of Application for Approval of Final Development Plan. An application for approval of the final development plan shall be filed with the Clerk of the Planning Commission at least fourteen days and not more than thirty days prior to the next meeting of the Commission by at least one owner or lessee of the property for which the planned unit development is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two years from the date of issuance of the approval. At a minimum, the application shall contain or be accompanied by the following information:
(1) All plat contents and supplementary information for Final Plats as required in the City's Subdivision Regulations, as amended.
(2) Tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; open space, parking areas, and public improvements proposed for each unit of the development.
(3) Set of drawings and specifications of improvements of construction and utility plans.
(i) Recommendation by Planning Commission. Within forty days after receipt of the final development plan, the Planning Commission shall recommend to Council that the final development plan be approved as presented, approved with supplementary conditions or disapproved. The Planning Commission shall then transmit all paper constituting the record and the recommendations to Council.
(j) Criteria for Recommendation by Planning Commission. Before making its recommendation as required in subsection (1) hereof, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(1) The proposed development can be initiated within two years of the date of approval;
(2) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; the uses proposed will not be detrimental to present and potential surroundings, but will have a beneficial effect which could not be achieved under standard district regulation.
(3) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the planned unit development.
(4) Any propose* commercial development can be justified at the locations proposed.
(5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan.
(6) The area surrounding the development can be planned in coordination and substantial compatibility with the proposed development.
(7) The existing and proposed utility services are adequate for the population densities and non- residential uses proposed.
(k) Action by Council.
(1) Within twenty days after receipt of the recommendation of the Planning Commission, Council shall initiate action by ordinance to either approve, approve with supplementary conditions or modifications or disapprove the application as presented. If the application is either approved or approved with conditions or modifications, Council shall direct the Zoning Inspector to issue zoning permits only in accordance with the approved final development plan and the supplementary conditions or modifications attached thereto; and the final subdivision plat.
(2) Upon approval of a final development plan, the Official Zoning Map shall be annotated for the land area involved so that the district name includes the notation, "PUD."
(l) Supplementary Conditions and Safeguards. In approving any planned unit development, the Council may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Zoning Ordinance and punishable under the penalty section of the Zoning Ordinance.
(m) Expiration and Extension of Approval Period.
(1) The approval of a final development plan for a planned unit development shall be for a period not to exceed five years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within two years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan my be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest.
(2) No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the planned unit development was granted.
(n) Provisions Governing Planned Unit Developments. Because of the special characteristics of planned unit developments, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this Zoning Ordinance, the provision of this chapter shall prevail. subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Zoning Ordinance.
1199.09 MODIFICATIONS, ADJUSTMENTS AND REARRANGEMENTS OF PLAN AFTER FINAL APPROVAL.
(a) Minor changes in the location, siting or character of buildings and structures may be authorized by the Planning Commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved.
(b) No change authorized by this section may increase the size of any building or structure by more than ten percent, or change the location of any building or structure by more than ten feet in any direction. However, notwithstanding the foregoing, changes beyond the maximum or minimum requirements set forth in this Zoning Code or in the Subdivision Regulations shall not be permitted.
(c) All other changes in the planned unit including changes in the site plan and in the development schedule, must be made under the procedure that are applicable to the initial approval of a planned unit.
CODIFIED ORDINANCES OF BELLEFONTAINE