Blue Ash City Zoning Code
TITLE SEVEN
Zoning General Provisions
1139.01 PURPOSE.
The purpose of this Chapter is to regulate:
(a) Nonconforming Uses. Uses lawfully established prior to the effective date of this Code that do not conform to the use regulations of this Code in the zoning district in which such uses are located; and
(b) Nonconforming Structures. Buildings and structures lawfully constructed prior to the effective date of this Code that do not comply with the applicable development regulations of this Code in the zoning district in which such buildings or structures are located.
(Ord. 2017. Passed 1-26-17.)
1139.02 AUTHORITY TO CONTINUE AND MAINTAIN.
Passage of this Code in no way legalizes any illegal uses existing at the time of its adoption. Nonconforming uses and structures may be continued as follows:
(a) Continuation of Nonconforming Use. A nonconforming use that lawfully occupies a structure or a land site on the effective date of this Code may be continued so long as it remains otherwise lawful, subject to the standards and limitations in this Chapter.
(b) Continuation of Nonconforming Structure. A nonconforming structure that lawfully occupies a lot on the effective date of this Zoning Code and that does not conform with the standards for yards, buffers, height, gross floor area of structures, driveways, or open space for the district in which the structure is located may be used and maintained, subject to the standards and limitations in this chapter.
(c) Continuation of Nonconforming Accessory Uses and Structures. The continued existence of nonconforming accessory uses and structures is subject to the provisions governing principal nonconforming uses and structures set forth in this chapter.
(d) Maintenance, Repair and Structural Safety. Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a nonconforming structure.
(Ord. 2017. Passed 1-26-17.)
1139.03 NONCONFORMING STRUCTURES.
A nonconforming structure may not be moved, expanded or altered, except in the manner provided in this section or unless required by law.
(a) Repair, Maintenance, Alterations and Expansion. A nonconforming structure may be repaired, maintained, altered or enlarged; provided, however, that no such repair, maintenance, alteration or expansion shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure without having first obtained a variance from the Board of Zoning Appeals.
(b) Moving. A nonconforming structure, including nonconforming signs, may not be moved, in whole or in part, for any distance whatsoever, to any other location on the same lot or to any other lot unless the entire structure conforms to the regulations of the zoning district in which it is located after being moved.
(Ord. 2017. Passed 1-26-17.)
1139.04 ABANDONMENT OF NONCONFORMING USE.
A nonconforming use of land or of a structure in a district that is abandoned may not be reestablished or resumed. Any subsequent use or occupancy of the structure or land must conform to the regulations for the district in which it is located.
Abandoned means the interruption for a period of 180 consecutive days of active or productive operations of the nonconforming use on the land or within the structure or the removal or destruction of the nonconforming elements. Any period of abandonment caused by government action and without any contributing fault by the nonconforming user is not considered in determining the period of abandonment.
(Ord. 2017. Passed 1-26-17.)
1139.05 EXPANSION OF A NONCONFORMING USE.
Except as authorized by the Board of Zoning Appeals, no nonconforming use or structure shall be enlarged or added to in any manner, unless the use of such structure thereafter shall conform to the regulations of the district in which it is located.
(Ord. 2017. Passed 1-26-17.)
1139.06 SUBSTITUTION OF NONCONFORMING USES.
So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon approval by the Board of Zoning Appeals, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that the Board shall find that the use proposed for substitution is equally appropriate or more appropriate to the district that the existing nonconforming use is in. In permitting such change, the Board may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a violation of this Code. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use or other nonconforming use.
(Ord. 2017. Passed 1-26-17.)
1139.07 EXPANSION OR SUBSTITUTION OF NONCONFORMING USES.
The Board of Zoning Appeals may approve, approve with conditions, or disapprove an application for expansion or substitution of a nonconforming use, as described in Section 1125.06, based on written findings of fact in consideration of the following standards. The failure of the proposed work to conform to any single factor or standard may not necessarily be a sufficient basis for denial:
(a) Consistent. The proposed use is consistent with the general purposes and intent of the Code;
(b) Safety and Efficiency. The proposed use promotes the safe and efficient use of land;
(c) Compatibility. The proposed use is compatible with other adjacent land uses and buildings existing in the surrounding area;
(d) Neighborhood Compatibility. The proposed use is not inconsistent with the purposes of the zoning district in which the use is located and does not negatively impact the value of surrounding property; and
(e) Limited Purpose Building. The proposed use would be located in a building that is specially equipped or structurally designed for that use.
(Ord. 2017. Passed 1-26-17.)
1139.08 REVOCATION OF NONCONFORMING USE.
Violation of any condition or limitation on the grant of an approval of an expansion or substitution of a nonconforming use is a violation of this Code and constitutes grounds for revocation of the approval, pursuant to the provisions of Section 1127.09 Enforcement.
(Ord. 2017. Passed 1-26-17.)
1139.09 RECONSTRUCTION OF NONCONFORMING USE AND STRUCTURE.
In the event that any nonconforming building or structure is destroyed by any means to the extent that the estimated cost of repair is greater than fifty percent (50%) of the last assessed improvement value of such structure, it shall not be rebuilt, restored, or reoccupied for any use unless it is brought into conformity with all regulations of this Code.
(Ord. 2017. Passed 1-26-17.)
1141.01 PURPOSE.
The purpose of this chapter is to establish regulations and standards for the development of off-street parking and loading facilities.
(Ord. 2017. Passed 1-26-17.)
1141.02 APPLICABILITY.
(a) New and Expanded Use. The off-street parking and loading requirements of this Chapter shall apply to the following:
(1) A new building;
(2) Alteration, addition, or change of use of an existing building that results in the need for additional parking.
(b) Existing Uses. The off-street parking and loading requirements of this Chapter shall not apply to buildings and land uses legally in existence on the effective date of this Zoning Code unless modified in a manner stated in (a) above.
(c) Maintenance. The duty to provide and maintain all such areas shall be the responsibility of the owner of the use for which vehicular use areas are required.
(Ord. 2017. Passed 1-26-17.)
1141.03 PARKING PLAN.
The Community Development Director or his/her designee may require a parking plan for any new or expanded off-street parking area within the City. When required, the parking plan shall be reviewed against the provisions of this Chapter and any other applicable regulations and shall include the following:
(a) Number of parking spaces;
(b) Arrangement of parking aisles;
(c) Location of driveway entrances;
(d) Provisions for vehicular and pedestrian circulation;
(e) Location or typical location of sidewalks, curbs, lighting, and other similar site amenities;
(f) Location of utilities, barriers, shelters, and signs;
(g) Location of landscaped areas. The type and location of vegetation to be planted shall be shown on the site landscape plan as described in Chapter 1145 Landscape Standards;
(h) Typical cross section of pavement;
(i) Stormwater drainage facilities;
(k) Any other relevant information requested by the Community Development Director.
(Ord. 2025-03. Passed 10-9-25.)
1141.04 EXEMPTIONS.
Single-family and two-family dwellings are exempt from the provisions of this Chapter, except as required in Section 1141.13.
(Ord. 2017. Passed 1-26-17.)
1141.05 REQUIRED PARKING SPACES.
(a) Each applicant is required to provide an adequate number of parking spaces for the proposed use or expansion of uses.
(b) The applicant shall provide a written analysis of parking requirements based on the following information, as applicable:
(1) Building square footage for each specific use to be served by off-street parking.
(2) Hours of operation.
(3) Estimated number of patrons/customers at peak hours.
(4) Maximum number of employees on the largest shift.
(5) Availability of joint or shared parking areas.
(6) Availability of on-street parking within 300 feet of the building that is not located within a residential district.
(7) Building occupancy loads.
(8) Any additional information as requested by the Community Development Director.
(c) The Community Development Director has the authority to reject a plan if he/she deems that an adequate amount of parking has not been provided.
(d) The applicant may appeal the decision of the Community Development Director to the Board of Zoning Appeals.
(Ord. 2017. Passed 1-26-17.)
1141.06 SHARED PARKING.
Joint use of up to fifty percent (50%) of the provided parking spaces may be permitted for two or more uses that are located on the same parcel or adjacent parcels provided that the developer can demonstrate to the Community Development Director that the uses will not substantially overlap in hours of operation or in peak demand. The shared parking shall be guaranteed by a recorded easement between the owners. Shared parking spaces shall be located no more than three hundred feet (300') from the uses they are intended to serve.
(Ord. 2017. Passed 1-26-17.)
1141.07 PARKING SPACE AND AISLE DIMENSIONS.
(a) Each off-street parking space shall meet the minimum dimensional requirements and shall have direct and unrestricted access to an aisle of the minimum width set forth in the below table.
Parking Angle | Stall Width | Length of Stall | Aisle Width | Width of Access Drive | Bay Width (center to center width of two row bay with aisle between) | ||
One Way | Two Way | One Way | Two Way | ||||
0 degrees | 9 feet | 22 feet | 12 feet | 18 feet | 20 feet | 30 feet | 36 feet |
30-53 degrees | 9 feet | 18 feet | 13 feet | 20 feet | 20 feet | 51 feet | 58 feet |
54-75 degrees | 9 feet | 18 feet | 18 feet | 22 feet | 20 feet | 58 feet | 62 feet |
76-90 degrees | 9 feet | 18 feet | 22 feet | 24 feet | 20 feet | 58 feet | 60 feet |
(b) Where room permits, parking spaces should be entered and exited along parking aisles and not along main access drives for the purposes of safety and to prevent traffic congestion.
(c) The number and dimensions of parking spaces serving handicapped persons shall conform to the requirements of the Ohio Building Code.
(d) Every off-street parking lot shall be surfaced with a hard surface such as asphalt, concrete, or pavers. Pervious pavement and other sustainable surface options may be proposed by the applicant and are subject to the review and approval of the City Engineer.
(Ord. 2017. Passed 1-26-17.)
1141.08 PARKING STRUCTURES.
Above-ground parking structures shall comply with the following standards:
(a) Parking structures shall meet the minimum setback requirements for principal buildings in the district where they are located, and when possible shall be located in the rear of the building.
(b) Parking structures shall be designed to architecturally screen the view of parked cars and shall be visually similar in character and scale to the adjacent buildings.
(c) Vehicle entries to parking structures shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage.
(d) One-half of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space. The minimum height of each parking space shall be seven (7) feet.
(Ord. 2017. Passed 1-26-17.)
1141.09 PARKING STANDARDS.
(a) Parking areas should be located in the side or rear yard to the greatest extent feasible.
(b) Curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with curbs. All parking areas shall be designed to preclude parked vehicles from encroaching on or over a sidewalk, bike path, or street. Lack of curbs to incorporate sustainable parking area design options may be proposed by the applicant and are subject to the review and approval of the City Engineer.
(c) Whenever possible, parking lots, with bays containing more than twenty (20) spaces, shall provide ingress and egress at both ends of each parking bay or parking lot. Whenever possible and practical, adjacent developments shall share ingress and egress.
(d) Vehicles in excess of 10,000 pounds gross vehicle weight are only permitted for industrial uses.
(e) Any type of commercial vehicle, regardless of gross vehicle weight, delivering or picking up merchandise for delivery or employed in performing a repair or construction service, may park for the purpose of making such pickup or delivery, or for the duration of the period during which a repair or construction service is being performed on or to the property in the area where parked.
(f) Service stations and public garages may maintain a wrecker when used exclusively for and in conjunction with service performed at the place of business for which they are licensed, but a wrecker shall not be used to haul and store vehicles unless licensed by the City to do so.
(g) No trucks, truck trailers, automobiles or vehicles of any type shall be on skids, jacks, or any other device that will make them immobile or inoperable, except for emergency repairs.
(h) No trucks or trailers of any kind shall be used for storage purposes.
(i) No vehicle may be parked outside for more than forty-eight (48) hours at any auto repair garage, fueling station, or car wash.
(Ord. 2017. Passed 1-26-17.)
1141.10 DOWNTOWN PARKING STANDARDS.
The following requirements apply to all lots within the Downtown "DT" district.
(a) Unless modified by the Planning Commission, surface parking areas are prohibited in the front and side yards and should be limited to no more than thirty-five percent (35%) of the site area.
(b) Unless modified by the Planning Commission, driveway or alley openings to public streets shall be limited to one driveway per 200 feet of project frontage, and driveway or alley openings shall not exceed thirty (30) feet in width.
(c) All parking lots shall be illuminated as necessary to provide for safety and an aesthetic appropriate for the land use. All fixtures shall be full cut-off and shall be shielded to prevent the light source from being visible from adjacent residential uses. All lighting shall be served with underground cable and underground served poles. Pole lighting shall be compatible with the city street lights, with a pole height of twenty-four (24) feet (in addition to the possibility of a two (2) foot City approved concrete base).
(Ord. 2025-03. Passed 10-9-25.)
1141.11 LOADING SPACE STANDARDS.
There shall be provided at the time any building is erected or structurally altered, off-street loading spaces in accordance with the following:
(a) All commercial, manufacturing, and industrial uses. Unless waived or modified by the Planning Commission, where such a use is located in a manner that a truck must back directly from a major street into the loading space, a maneuvering space of not less than forty-nine (49) feet shall be provided.
(b) Enlargements and extensions. Unless waived or modified by the Planning Commission, all buildings used fully or partially for a commercial purpose shall conform to the regulations of this section when such building is enlarged or extended.
(Ord. 2025-03. Passed 10-9-25.)
1141.12 TEMPORARY PERMITS FOR VEHICLE STORAGE.
Temporary permits may be issued by the City Manager or his/her designee to park, store, or occupy for living purposes or store for maintenance related purposes a vehicle or recreational vehicle not in conformity with this Zoning Code for a period not to exceed fourteen (14) days when it appears that a substantial hardship or injustice will prevail in refusing to issue such temporary permit. No fee shall be charged for such permit.
(Ord. 2017. Passed 1-26-17.)
1141.13 PARKING REQUIREMENTS FOR RESIDENTIAL USES.
The following requirements apply to all residential uses within the City.
(a) There shall be a maximum of one driveway for each property in a residential district.
(b) Any new driveway or any expansion or widening of an existing driveway shall be constructed of a hard surface such as asphalt, concrete, or pavers.
(c) No driveway located in the front yard shall exceed twenty (20) feet in width at the right-of-way.
(d) Driveways and surfaced areas shall not occupy more than twenty-five percent (25%) of a front yard provided that single family dwellings are permitted a driveway an average of twenty (20) feet wide even if such driveway would occupy more than twenty-five (25%) of a front yard.
(e) Driveway turnaround provisions, to discourage backing onto the public right-of-way, shall be provided for newly constructed residences on a primary street or a secondary street.
(f) Multi-Family Parking Requirements.
(1) Within a multi-family development, the total number of vehicles, including allowed recreational vehicles and trailers, on a premise shall not exceed three (3) for any one residential unit.
(2) In multi-family developments, parking shall only be allowed in areas identified for such use on the plan approved by the City in accordance with this code.
(Ord. 2025-03. Passed 10-9-25.)
1143.01 PURPOSE.
The purpose of this chapter is to establish regulations and standards for signs.
(Ord. 2017. Passed 1-26-17.)
1143.02 APPLICABILITY.
(a) New and Existing. Sign regulations of this Chapter shall apply to the following:
(1) New signs;
(2) Existing signs if structurally altered or modified.
(b) Face Changes. The message area of any existing legal nonconforming sign may be changed to a new message if the structure is not altered or modified. Replacement of a sign panel within an existing cabinet is permitted per this provision.
(c) Maintenance. Existing legal nonconforming signs may be serviced and maintained without being required to conform to the provisions of this Chapter for new signs. This shall include painting, replacing worn hardware, wiring, and lighting, and replacement of structural components with the same function as the original sign.
(d) Nonconforming. All non-conforming signs must be removed or brought into compliance with the regulations before any existing conforming signs may be modified, other than as specifically permitted in this Chapter, or any new signs may be added to any lot, building or use, with the exception of permitted temporary signs or incidental signs. No non-conforming sign that is damaged to the extent of twenty-five percent (25%) or more of its current replacement value may be repaired, restored, renovated, reconstructed or replaced and must be removed or brought into compliance with the regulations. Temporary and unpermitted signs and signs not legally installed shall not become legally nonconforming signs.
(Ord. 2017. Passed 1-26-17.)
1143.03 TEMPORARY SIGNS.
(a) Temporary signs do not require a permit.
(b) Temporary signs shall not be illuminated, made of durable materials, or attached to the ground or any structure by a mechanical fastener.
(c) Residential.
(1) Temporary wall signs are not permitted in any R District.
(2) Each lot in an R district may have no more than two temporary ground signs, each sign no greater than ten (10) square feet in area. If the sign is two-sided, the sign faces shall be parallel.
(d) Commercial.
(1) Each building in BAN, BAS, DT, or SP districts is permitted one temporary wall sign per non-emergency entry from the exterior of the building limited to no more than sixteen (16) square feet per sign. Temporary wall signs shall be installed so that the entire sign is flat against a wall of the building to which it is attached.
(2) Each site is permitted one temporary ground sign no greater than thirty-two (32) square feet in area. If the sign is two-sided, the sign faces shall be parallel.
(3) A temporary sign may be installed in any place covering, in place of, or where a permanent wall or ground sign may be installed for a period not to exceed ninety (90) days. The size of such sign may not exceed the allowable size of the permanent sign that it would replace. If a permanent sign is in place then temporary signs must conform to Section 1143.03(d)(1) and 1143.03(d)(2).
(Ord. 2025-03. Passed 10-9-25.)
1143.04 PERMANENT SIGNS.
(a) Residential. R district uses are not permitted any permanent wall signs.
(b) Downtown Zoning District. The following sign regulations shall apply to all uses in the DT District. Each site shall be subject to the following limitations:
(1) Wall Signs.
A. Wall signs shall be mounted flat against the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall, not projecting more than one foot from the wall. For buildings or areas of buildings that house retail tenants with customer access from the exterior of the building, there shall be a maximum of one (1) wall sign per tenant space except that a building may also have one (1) sign on the side of the building that is no larger than the wall sign that is closest to it on the front of the building. The maximum sign width is sixty percent (60%) of the front footage of the tenant space. Total height of all tenant identification wall signs shall not exceed thirty (30) inches. Tenant identification wall signs shall be installed at a consistent height on the building.
B. For buildings or areas of buildings that have offices and other non-retail tenants, where access to tenant spaces is not directly from the exterior of the building, wall signs shall be permitted in the same manner as for buildings in the BAN, BAS, or SP districts per Section 1143.04(c).
(2) Ground Signs.
A. There shall be a maximum of one (1) ground sign per lot per street frontage, except that developments with separate driveways more than 250 feet apart on the same street may have one (1) sign adjacent to each driveway, subject to the following regulations:
B. Entrance and Exit Signs. Maximum of three (3) feet in height and four (4) square feet in size.
C. Sign Lighting. Internally illuminated or landscaped flood lighting only. No flashing, blinking or moving signs are permitted.
D. There shall be compatibility of tenant identification signs, including shapes and colors, for all tenants within a building or development.
(c) BAN, BAS, and SP Districts. The following sign regulations shall apply to all uses in the BAN, BAS, and SP Districts. Each lot or premises shall be subject to the following limitations:
(1) Wall Signs.
A. Wall signs shall be mounted flat against the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall, not projecting more than one foot from the wall, and not extending above any part of the roof or an eave. The total area of all signs on a wall shall not exceed 0.5 times the linear foot frontage of wall face.
B. On multi-story buildings, wall signs above the first story elevation, whether on the same facade or adjacent ones, shall be no closer than 150 linear feet to each other.
(2) Ground Signs.
A. Ground signs shall not exceed eight (8) feet in height, the bottom of the sign shall be no more than two (2) feet from the ground, and the face of the sign shall be generally rectangular. Ground signs may have a masonry base that does not count as a part of the allowable sign area, provided the base is not larger than an area equal to the allowable sign area. Ground signs shall be set back at least ten (10) feet from all property lines. The total maximum area of a ground sign shall not exceed 0.5 times the linear foot frontage of the lot. Ground signs shall not exceed 100 square feet in area, nor exceed fifteen (15) feet in width on any one face. Ground signs may be double-faced, with the distance between faces not to exceed eighteen (18) inches.
B. Each site is permitted one ground sign per site, except that an additional ground sign is permitted if the signs are separated by more than 600 feet of linear frontage along a single right-of-way or if the signs are separated by more than 400 feet and adjacent to separate rights-of-way.
(3) Planned Unit Developments and Conditional Uses. Signs in Planned Unit Developments shall be permitted consistent with the approved plans.
(4) Subdivision, Condominium, Landominium, Townhouse Development. Residential developments of more than five (5) lots or units may have one ground sign as follows:
A. May have two (2) faces not to exceed twenty-five (25) square feet in message area on each face;
B. Shall not be more than six (6) feet in height;
C. Shall not visually interfere with motorist or pedestrian safety; and
D. Shall include permanent ground landscaping around such sign, with external illumination.
(5) Window Signs. Signs affixed to exterior windows or placed inside of windows facing the exterior:
A. Shall not be considered in the measurement of wall signs.
B. Window signs are permitted only at the first floor elevation.
C. In the BAN, BAS, DT, or SP Districts, window signs shall not exceed the lesser of ten percent (10%) of the glass surface area or thirty (30) square feet for each business occupant and shall not exceed fifty percent (50%) of the area of a single pane or twenty percent (20%) of the total combined area of all such surfaces on the same façade of a building.
D. Shall not be placed so as to interfere with a clear view of the cash register area from a passing police vehicle.
(6) Incidental Signs.
A. On-premise, non-illuminated, incidental signs on private property no more than four (4) feet in height and no more than thirty (30) square feet in area that contain no commercial messages, such as traffic and direction signs, parking regulations, limited access signs;
B. Public notices or other governmental signs required by local, county, state or federal law or regulation;
C. On-premise street address numbers, not to exceed twelve (12) inches in height;
D. Signs inside buildings not legible from a distance of more than three (3) feet beyond the lot line or parcel on which the sign is located;
E. Scoreboards on athletic fields;
F. Works of art that do not include a commercial message; and
G. Holiday lights and decorations with no commercial message, but only between November 1st and January 15th in BAN, BAS, SP, and DT Districts.
(Ord. 2025-03. Passed 10-9-25.)
1143.05 PROHIBITED SIGNS AND PROHIBITED SIGN CHARACTERISTICS.
(a) All signs not expressly permitted under these regulations are prohibited. Such signs include, but are not limited to:
(b) Beacons, feather flags, pennants, streamers, ribbons, spinners, wind signs, wind wavers, bench signs;
(c) Strings of lights not permanently mounted to a rigid background;
(d) Flashing or rotating signs;
(e) Inflatable signs and tethered balloons;
(f) Signs posted on utility poles, bollards, trees, benches, support pylons, fences and light standards (except for permitted banner signs);
(g) Signs with shapes, contents or words imitating official traffic control signs or devices (containing such words as "stop", "go slow", "caution" , "danger", "warning", or similar words);
(h) Signs that hide, obstruct or conceal traffic and street signs and signals;
(i) Signs at or near intersections that obstruct free and clear vision of any streets;
(j) Signs on unoccupied buildings/structures;
(k) Signs that advertise or identify any activity, business, organization, product or service no longer conducted on the premises on which the sign is located;
(l) Any sign mounted on or affixed to a vehicle or trailer for the purpose of attracting public attention or directing the public to a use, business, event, product or service offered in close proximity to where the vehicle is parked;
(m) Signs illuminated with floodlights that shine into the public right-of-way and constitute a traffic safety hazard;
(n) LED light strips or neon strips installed on the exterior of a building or within the interior of a building and intended to be visible from the exterior.
(Ord. 2025-03. Passed 10-9-25.)
1143.06 GENERAL PROVISIONS.
(a) All applications for sign permits shall be accompanied by a sketch or drawing showing the size, manner of anchoring and the location of the sign to be erected on the premises. If in the judgment of the City Manager or his/her duly delegated agent it appears that a proposed sign, even though it otherwise meets the provisions of this Chapter, would create a hazard, promote blight, or adversely affect health, safety or morals, he may deny a permit. In such a case, the applicant may appeal the denial to the Board of Zoning Appeals.
(b) Deteriorating signs are not permitted. Maintenance of signage is the responsibility of the property owner. Signs that are deteriorating must be removed or replaced upon notice to the property owner by the City.
(c) The base of all ground signs, including temporary signs, shall be effectively landscaped with living plant material and maintained in good condition at all times. The minimum landscaped area shall not extend more than three feet beyond all faces or supporting structures in all directions. Exposed foundations must be constructed with a finished material such as brick, stone, or wood, or be screened with evergreens to the top of the anchor bolts.
(d) Pole signs are prohibited in all zoning districts.
(e) Off-premises signs are prohibited in all zoning districts.
(Ord. 2017. Passed 1-26-17.)
1143.07 ELECTRONIC MESSAGE SIGNS.
Electronic message signs shall be allowed only by approval of the Planning Commission. The Commission may permit such a sign only where it would not detract from adjoining and nearby properties and the public welfare. No portion of the electronic message, including the color or other background elements, shall be permitted to change more than once per hour, unless otherwise approved by the Planning Commission.
(Ord. 2017. Passed 1-26-17.)
1143.08 SIGN MEASUREMENT.
The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself.
(Ord. 2017. Passed 1-26-17.)
1145.01 PURPOSE.
The purpose of this Chapter is to establish standards and regulations to promote and protect the interest of the public welfare by requiring buffering between incompatible land uses, screening visually undesirable areas, and providing attractive views from rights-of-ways and adjacent properties.
(Ord. 2017. Passed 1-26-17.)
1145.02 APPLICABILITY.
(a) This Chapter shall apply to new property development and any expansion of existing structures or parking lots, except for individual single family dwellings, two family dwellings, and parking lots of less than five (5) spaces.
(b) If the expansion is not substantial, the regulations of this Chapter shall only be applied to the area of expansion, including the building and/or parking lot. Landscape plans for such expansions may be reviewed and approved by the Community Development Director. The Community Development Director reserves the right to require landscaping of the entire development, regardless of the nature of the expansion, if the existing site lacks the landscaping required for such a site.
(c) If the expansion is substantial, the regulations of this Chapter shall apply to the entire development. Landscape plans for such expansions shall be reviewed and approved by the appropriate approval body that is reviewing and approving the site expansion. Substantial expansion of existing structures shall be defined based on the criteria established in Section 1145.03.
(d) Parking lot area and parking spaces contained entirely within a parking garage shall not be subject to the landscaping requirements of this Chapter.
(Ord. 2017. Passed 1-26-17.)
1145.03 GENERAL REQUIREMENTS FOR SUBMISSION.
Any property to which this Chapter applies shall submit a landscape plan to the Community Development Director as part of the review process. Landscape plans shall be prepared by and/or certified by a design professional practicing within their area of competence. The landscape plan shall be drawn to a reasonable scale and include the following information:
(a) North arrow and scale bar;
(b) The name of applicant/owner;
(c) The name, address, and phone number of the person or firm responsible for the preparation of such plan;
(d) The dates the plans are submitted and revised;
(e) All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, light standards, signs, fences, and other permanent features to be added and/or retained on the site;
(f) All existing plant material to be removed or retained;
(g) All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches, and other public or semi-public improvements within and immediately adjacent to the site;
(h) Contour lines for grades in excess of six percent;
(i) Proposed elevation at sufficient locations and existing elevations of the site to clearly show the drainage patterns;
(j) All property lines and easements;
(k) A table showing the total square footage of the internal parking and vehicular circulation area, the square footage of landscape islands, the number of parking spaces provided, and the number of trees and shrubs provided to ensure compliance with Section 1145.08;
(l) A table listing the existing plant material to be retained and all proposed plant material within the bufferyard or landscape areas. This shall include the common and botanical names, sizes, and other remarks as appropriate to describe the plant material section;
(m) Details for the planting of trees, shrubs, and ground cover within the bufferyard or landscaped area; and
(n) If irrigation is proposed, an irrigation plan shall be submitted which shall include:
(1) Location and type of all sprinkler heads.
(2) Size of mainline and irrigation piping.
(3) Location and size of water meter.
(4) Location of backflow prevention device.
(5) Location and size of all valves.
(6) Location of irrigation controller.
(Ord. 2017. Passed 1-26-17.)
1145.04 APPROVAL.
Criterial of approval for landscape plans shall be as follows:
(a) No site or development plan required under this Code shall receive final approval unless a landscape plan has been submitted and approved.
(b) No certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:
(1) Such plan has been fully implemented on site; or
(2) Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the City in a form acceptable to the City Solicitor and secured by a letter of credit, cash escrow, or other instrument acceptable to the City Solicitor in an amount equal to the cost of such installation plus a ten percent (10%) allowance for administrative costs, inflation, and potential damage to existing vegetation or improvements.
(Ord. 2017. Passed 1-26-17.)
1145.05 LANDSCAPING MATERIALS AND STANDARDS.
(a) New development shall provide bufferyards as provided in the Section 1145.07 Bufferyard Requirements of the applicable zoning district. Existing vegetation, that is intended to remain, shall be preserved in accordance with acceptable nursery industry procedures. The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the City. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final inspection by the City.
(1) Walls and Fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be faced in brick to match the building or other material as approved by the Planning Commission.
(2) Plants. All plants are to be living and part of the acceptable plants list identified in this Chapter. Plant materials used in conformance with the provision of this Chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines, and ground covers can be planted as bare root as well as balled and burlapped or containers. The City reserves the right to deny any species of plant that is classified as an invasive species.
A. Deciduous trees shall be the minimum caliper of two and one-half inches and shall conform to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this Chapter must be used to create a dense buffer.
B. Evergreen trees shall be a minimum of six (6) feet in height at the time of planting. Evergreen plantings shall be planted at a maximum distance of fifteen (15) feet on center to provide an effective, dense screen within four (4) years of planting.
C. Required shrubs shall be a minimum of five (5) gallons in size upon installation and shall be at least thirty-six (36) inches in height at maturity.
D. Hedges shall be designed to provide an effective, dense screen and mature height of at least six feet in height within four (4) years of the time of planting.
E. Grass of the Fescues (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Blue Ash. In swales or other areas subject to erosion, solid sod, erosion reducing netting, mats, or suitable mulch shall be used and nurse grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Bioswales or other alternative designs may be proposed but shall be subject to review and approval by the City. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted at a maximum spacing of one foot on center to provide seventy-five (75%) complete coverage after two growing seasons.
(3) Earth. Mounds may be used as physical barriers that block or screen a view. Differences in elevation between areas requiring screening do not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:
A. The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the City to ensure that proper erosion prevention and control practices have been utilized.
B. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.
C. Landscape plant material installed on berms and earthforms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.
D. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with the above provisions.
E. Berms and earthforms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
F. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(b) Existing Landscape Material. Any existing landscape material that is in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the Community Development Director, such material meets the requirements and achieves the objectives of this chapter.
(c) Bufferyard Establishment. Once a bufferyard has been approved by the City and established by the owner, it may not be used, disturbed or altered for any purpose.
(Ord. 2025-03. Passed 10-9-25.)
1145.06 EASEMENTS, RIGHT-OF-WAY, AND SETBACKS.
(a) Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and the holder of the easements grants approval. Trees placed under overhead utility wires must be from Group B, in Section 1145.12.
(b) In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight (8) feet of limbless trunk shall be permitted within the sight distance triangle. In the case of a City street intersection, the sight triangle shall consist of the area between points twenty (20) feet along both intersecting streets from their respective edge of pavements.
(Ord. 2017. Passed 1-26-17.)
1145.07 BUFFERYARD REQUIREMENTS.
When… | Is Proposed to Abut… | A Minimum Bufferyard of… | Plant Material 1 |
Any multi-family, attached single-family, or two family dwelling use in a residential zoning districts or any use in the DT Zoning district | A detached single family use | 10' side or rear yard is required with… | Either: 1 tree (A) every 25 lineal feet + a 6' evergreen hedge OR 6' wall, brick faced on both sides and 8" thick with a top coarse to be row lock, and 1 tree every 30 lineal feet OR A double row, staggered planting of evergreen trees (C) every 15 lineal feet OR A 40' wide, 6' tall earthen berm |
Any use in the BAS, BAN, SP district, or any non-residential use in a PUD Zoning district | A detached single family use | 50' side and/or rear yard is required with… | |
Any multi-family, attached single-family, or two family dwelling use in a residential zoning districts or any use in the DT Zoning district 2 | The public right-of-way, public or private street | 10' shall be landscaped with… | Either: 1 tree (A) every 30 lineal feet and shrubs (D or E) planted every 3 lineal feet (1 tree minimum) OR 1 tree (B) every 25 lineal feet + shrubs (D or E) planted every 3 lineal feet (1 tree minimum) |
Any use in the BAS, BAN, or SP district | The public right-of- way, public or private street | 20' shall be landscaped with… | Either: 1 tree (A) every 30 lineal feet + shrubs (D or E) planted every 3 lineal feet (1 tree minimum) OR 1 tree (B) every 25 lineal feet + shrubs (D or E) planted every 3 lineal feet (1 tree minimum) |
1 The width of any driveways or intersecting streets may be excluded from the overall bufferyard length calculation. 2 Any use in the DT Zoning district that is designed to front the public right-of-way is exempt from the applicable bufferyard requirements. Such uses are encouraged to have some landscape elements, if possible, to soften the building and increase the attractiveness of the streetscape, but they shall not be required to install the full bufferyard requirements set forth in this Section. | |||
Figure 1145-1: Graphic illustrates example bufferyard planting between a
single family neighborhood and an office development.
 |
 | Figure 1145-2: The Bufferyard Requirements in Section 1145.07 identify options for achieving the desired screening between uses. The three images to the left illustrate three of these otions. |
OR | |
 | |
OR | |
 |
(Ord. 2025-03. Passed 10-9-25.)
1145.08 FOUNDATION PLANTING REQUIREMENTS.
In the absence of paving for walks or dives, foundation plantings shall be planted and maintained along all front and side exterior walls of all buildings at the ratio of one twenty-four (24) inch spread evergreen shrub every five (5) lineal feet of exterior wall.
(Ord. 2017. Passed 1-26-17.)
1145.09 PARKING AND VEHICULAR USE AREA LANDSCAPING REQUIREMENTS.
(a) All parking areas shall contain a landscaped area of trees and shrubs greater than or equal to five percent (5%) of the internal parking and vehicular circulation area. Entrance drives through front or side yards or buffers are not counted as internal areas.
(b) Landscaped areas shall be distributed throughout the parking area. Rows of parking spaces shall be interrupted at least every fifteen (15) spaces by a planter island that is a minimum of eight (8) feet wide and eighteen (18) feet in length, or a parallel eight (8) foot planting strip shall separate rows of parking spaces.
Figure 1145-3: the graphic represents the two options for landscaped areas within parking lots. The top option illustrates the eight food planting strip and the bottom option illustrates parking islands every fifteen (15) spaces. |
 |
(c) Landscaping shall be provided as follows and shall be installed in the required landscape islands:
(1) Trees shall be provided at a rate of one tree for each ten (10) parking spaces in the R-1, R-2, R-3, and DT zoning districts and two (2) trees for each ten (10) parking spaces in the BAN, SP, and BAS zoning districts. Any fractional number shall be rounded up to the next whole number.
(2) Shrubs shall be provided at a rate of six (6) shrubs for each ten (10) parking spaces in the R-1, R-2, R-3, and DT zoning districts and three shrubs for each ten (10) parking spaces in the BAN, SP, and BAS zoning districts.
(3) One tree may be substituted by three (3) shrubs. Such substitutions may not exceed twenty percent (20%) of the required number of trees.
(4) Trees and shrubs may be grouped; they do not have to be equally spaced.
(d) All parking spaces shall be within 125 feet of a landscaped area.
(e) No internal landscaping is required for lots less than fifteen (15) spaces.
(f) No landscaping shall obscure visibility at a vehicular intersection within the parking area or other area or other areas where clear visibility is necessary to assure safe circulation. Where safe visibility is impaired, canopy trees shall have branches removed from the trunk at least five (5) feet above the ground and shrubs and groundcover shall not exceed two (2) feet in height. Evergreen trees and understory trees that would impair visibility for safe circulation shall not be planted in these areas.
(g) Any landscape area provided under this section shall not contain bare soil.
(Ord. 2017. Passed 1-26-17.)
1145.10 MODIFICATIONS.
(a) The Board of Zoning Appeals, the Planning Commission, or the City Council may approve modifications to the bufferyard requirements in conjunction with a review of a site for new construction, building addition, site development, PUD, conditional use, or for any other action that requires Board, Commission, or Council approval. A decision shall be based on any of the following criteria:
(1) The specific conditions that are unique to the applicant's land and the unique conditions or circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter.
(2) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted to other landowners in the same zoning district.
(3) The modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(4) The applicant has demonstrated that the proposed bufferyard achieves the spirit of this chapter.
(5) The applicant has proposed green infrastructure elements such as bioswales or rain gardens.
(b) The Board of Zoning Appeals, the Planning Commission, or the City Council may also approve the use of existing trees to be counted towards bufferyard and landscaping requirements.
(Ord. 2025-03. Passed 10-9-25.)
1145.11 MAINTENANCE.
(a) All landscaping materials shall be installed and maintained according to accepted nursery industry procedures.
(b) The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in proper, neat, and orderly appearance, free from refuse and debris at all times.
(c) All unhealthy or dead plant material shall be replaced within six months, or by the next planting period, whichever comes first, by plant material similar in type to that which was removed.
(Ord. 2017. Passed 1-26-17.)
1145.12 ENFORCEMENT.
Violation of these installation and maintenance provisions shall be grounds for the building official to refuse a building occupancy permit, require replacement of the landscape materials, or institute legal proceedings to enforce the provisions of this section.
(Ord. 2017. Passed 1-26-17.)
1145.13 PLANT LIST.
The following plant list identifies a sample of acceptable plant material species to be used. Other species may be used if identified as appropriate for this region by the United States Department of Agriculture's Plant Hardiness Zone Map and approved by the City.
GROUP A - CANOPY TREES | |||
Botanical Plant Name | Common Plant Name | Mature Height | Mature Spread |
Acer x freemani | Maple, Freeman | 40'-60' | 20'-40' |
Acer rubrum | Maple, Red | 40'-60' | 40'-60' |
Acer saccharum | Maple, Sugar | 60'-75' | 50'-60' |
Aesculus octandra | Buckeye, Yellow | 50'-70' | 30'-40' |
Betula nigra | Birch, River | 40'-70' | 40'-60 |
Catalpa speciosa | Catalpa, Northern | 40'-60' | 20'-30' |
Celtis, occidentalis | Hackberry, Common | 40'-60' | 50'-60' |
Cercidiphyllum japonicum | Katsura Tree | 40'-60' | 30'-50' |
Fagus grandifolia | Beech, American | 50'-70' | 50'-70' |
Fagus sylvatica | Beech, European | 50'-60' | 35'-45' |
Ginkgo biloba | Maidenhair/Ginkgo (male) | 50'-80' | 30'-50' |
Gleditsia triacanthos | Honeylocust, Thornless | 30'-50' | 30'-50' |
Koelreuteria paniculata | Golden-Raintree | 30'-40' | 30'-40' |
Larix decidua | Larch, European | 70'-75' | 25'-30' |
Liquidambar styraciflua | Sweetgum | 60'-80' | 40'-60' |
Liriodendron tulipfera | Tuliptree | 60'-80' | 30'-50' |
Metasequoia glyptostroboides | Redwood, Dawn | 75'-100' | 15'-25' |
Nyssa sylvatic | Gum, Black | 50'-75' | 35'-50' |
Quercus macrocarpa | Oak, Bur | 70'-90' | 60'-80' |
Quercus muehlenbergii | Oak, Chinquapin | 50'-80' | 50'-60' |
Quercus robur | Oak, Columnar English | 50'-60' | 10'-18' |
Quercus palustris | Oak, Pin | 50'-70' | 40'-60' |
Quercus rubra | Oak, Red | 60'-75' | 40'-50' |
Quercus coccinea | Oak, Scarlet | 60'-75' | 40'-50' |
Quercus imbricaria | Oak, Shingle | 40'-60' | 40'-60' |
Quercus shumardii | Oak, Shumard | 40'-60' | 40'-50' |
Quercus phellos | Oak, Willow | 40'-60' | 40'-50' |
Platanus, acerifolia | Planetree, London | 60'-85' | 50'-70' |
Platanus occidentalis | Sycamore, American | 75'-100' | 75'-100' |
Taxodium distichum | Cypress, Common Bald | 50'-70' | 20'-30' |
Tilia americana | Linden, American | 60'-80' | 30'-60' |
Tilia cordata | Linden, Littleleaf | 60'-70' | 30'-50' |
Tilia tomentosa | Linden, Silver | 50'-70 | 30'-50' |
Ulmus americana | Elm, American | 70'-90' | 50'-70' |
Table 1145 3: Plant List (Continued) | |||
GROUP B - SMALL/ORNAMENTAL TREES | |||
Botanical Plant Name | Common Plant Name | Mature Height | Mature Spread |
Acer campestre | Maple, Hedge | 25'-35' | 25'-35' |
Acer palmatum | Maple, Japanese | 15'-25' | 15'-25' |
Acer griseum x nikoense | Maple, Girard's | 20'-30' | 15'-20' |
Acer griseum | Maple, Paperbark | 25'-30' | 15'-20' |
Alnus, serrulata | Alder, Tag | 15'-20' | 10'-20' |
Amelanchier canadensis | Serviceberry, Shadblow | 20'-25' | 15'-20' |
Amelanchier laevis | Serviceberry, Allegheny | 15'-25' | 15'-25' |
Carpinus betulus | Hornbeam, Columnar European | 30'-50' | 20'-30' |
Carpinus carolinana | Hornbeam, American | 20'-35' | 20'-35' |
Cercis candensis | Redbud, Eastern | 20'-25' | 20'-30' |
Cornus sp. | Dogwood, Flowering | 15'-20' | 15'-20' |
Crategus virdis | Hawthorne, Winter King | 20'-25' | 20'-25' |
Halesia tetraptera | Silverbell, Carolina | 30'-40' | 20'-35' |
Magnolia x soulangiana | Magnolia, Saucer | 20'-30' | 20'-30' |
Magnolia stellata | Magnolia, Star | 10'-20' | 10'-15' |
Magnolia virginiana | Magnolia, Sweetbay | 10'-45' | 10'-45' |
Malus sp. | Crabapple, Flowering | 15'-20' | 15'-20' |
Ostrya virginiana | Hophornbeam | 20'-30' | 20'-30' |
Oxydendron arboreurn | Sourwood | 20'-30' | 20'-30' |
Prunus x 'Hally Jolivette' | Cherry, Hally Jolivette | 10'-15' | 10'-15' |
Prunus serrulata | Cherry, Oriental | 15'-20' | 15'-20' |
Prunus subhirtella | Cherry, Higan | 20'-40' | 15'-30' |
Rhamnus caroliniana | Buckthorn, Carolina | 15'-20' | 10'-15' |
Salix discolor | Willow, Pussy | 15'-30' | 15'-25' |
Sophora japonica | Pagoda, Japanese Tree | 50'-60' | 50'-60' |
Syringa reticulata | Lilac, Japanese Tree | 20'-30' | 15'-25' |
Syringa pekinensis | Lilac, Peking | 20'-30' | 15'-25' |
Taxodium distichum | Cypress, Bald | 60'-80' | 25'-35' |
Taxodium ascendens | Cypress, Pond | 50'-60' | 10'-15' |
Table 1145 3: Plant List (Continued) | |||
GROUP C - EVERGREEN TREES | |||
Botanical Plant Name | Common Plant Name | Mature Height | Mature Spread |
Abies concolor | Fir, White | 30'-50' | 15'-30' |
Cedrus libani var. | Cedar, Hardy | 40'-60' | 20'-30' |
Chamaecyparis nootkatensis | Cypress | 30'-45' | 10'-15' |
Ilex opaca | Holly, American | 40'-50' | 20'-40' |
Juniperus virginiana | Red cedar, Eastern | 40'-50' | 15'-20' |
Picea pungens | Spruce, Colorado | 50'-70' | 20'-30' |
Pinus cembra | Pine, Swiss Stone | 30'-40' | 15'-25' |
Pinus parviflora | Pine, Japanese White | 25'-50' | 25'-50 |
Pinus bungeana | Pine, Lacebark | 35'-50' | 30'-40' |
Pinus resinosa | Pine, Red | 50'-80' | 20'-40' |
Pinus strobus | Pine, White | 50'-80' | 20'-40' |
Pseudotsuga menziesii | Fir, Douglas | 40'-80' | 10'-20' |
Thuja standish x plicata | Arborvitae, Green Giant | 40'-60' | 12'-18' |
Tsuga canadensis | Hemlock, Canadian | 40'-70' | 25'-35' |
Tsuga caroliniana | Hemlock, Carolina | 45'-60' | 20'-25' |
Table 1145 3: Plant List (Continued) | |||
GROUP D - SHRUBS (LARGE) | |||
Botanical Plant Name | Common Plant Name | Mature Height | Mature Spread |
Aesculus parviflora | Buckeye, Bottlebrush | 8'-12' | 8'-15' |
Aesculus pavia | Buckeye, Red | 10'-20' | 10'-20' |
Berberis julianae | Barberry, Wintergreen | 6'-10' | 6'-10' |
Calycanthus, floridus | Allspice, Carolina | 6'-9' | 6'-12' |
Cephalanthus occidentalis | Buttonbush | 10'-12' | 6'-8' |
Chaenomeles speciosa | Quince, Flowering | 6'-10' | 6'-10' |
Cornus amomum | Dogwood, Silky | 6'-10' | 6'-10' |
Cotinus obovatus | Smoketree, American | 15'-20' | 15'-20' |
Euonymus alatus 'Compacta' | Burning Bush, Dwarf | 8'-10' | 8'-10' |
Forsythia x intermedia | Forsythia, Border | 8'-10' | 8'-10' |
Hamamelis virginiana | Witchhazel | 15'-20' | 15'-20' |
Ilex verticillata | Holly, Winterberry | 6'-9' | 6'-9' |
Lindera benzoin | Spicebush | 6'-12' | 6'-12' |
Myrica pensylvanica | Bayberry, Northern | 5'-12' | 5'-12' |
Pinus densiflora | Pine, Japanese | 10'-15' | 10'-15' |
Rhus glabra | Sumac, Smooth | 9'-15' | 9'-15' |
Rhus typhina rn | Sumac, Stagho | 15'-20' | 15'-20' |
Salix discolor | Willow, Pussy | 15'-30' | 15'-25' |
Taxus cuspidata | Yew, Japanese | 10'-20' | 10'-30' |
Viburnum sieboldii | Viburnum, Siebold | 15'-20' | 10'-15' |
Viburnum rhytidophyllum | Viburnum, Leatherleaf | 10'-15' | 10'-15' |
Viburnum x burkwoodii | Viburnum, Burkwood | 8'-10' | 6'-8' |
Viburnum plicatum | Viburnum, Doublefile | 8'-10' | 9'-12' |
Table 1145 3: Plant List (Continued) | |||
GROUP E - SHRUBS (SMALL) | |||
Botanical Plant Name | Common Plant Name | Mature Height | Mature Spread |
Abelia x grandiflora | Abelia, Glossy | 3'-5' | 3'-5' |
Acanthopanax siebolda ianus, | Arali, Fiveleaf | 6'-10' | 3'-5' |
Berberis thunbergii | Barberry, Japanese | 2'-5' | 4'-7' |
Berberis julianne | Winterberry Barberry | 5'-6' | 3'-4' |
Buxus microphylla | Boxwood, Littleleaf | 2'-4' | 3'-4' |
Buxus sempervirens | Boxwood, Common | 5'-6' | 6'-8' |
Chaenomeles japonica | Quince, Flowering | 4'-6' | 4'-6' |
Chamaecyparis obtusa | Falsecypress, Hinoki | 4'-6' | 4'-6' |
Clethra alnifolia | Clethra, Summersweet | 3'-8' | 4'-6' |
Cotoneaster apicultus | Cotoneaster, Cranberry | 2'-3' | 3'-6' |
Cotoneaster, divaricatus | Cotoneaster, Spreading | 5'-6' | 6'-8' |
Deutzia gracilis | Deutzia, Slender | 2'-3' | 3'-4' |
Fothergilla gardenii | Fothergilla, Dwarf | 2'-4' | 3'-4' |
Hydrangea arborescens | Hydrangea, American | 3'-5' | 3'-5' |
Hypericum prolificum | St. John's Wort, Shrubby | 3'-4' | 3'-4' |
Ilex crenata | Holly, Japanese | 5'-8' | 5'-8' |
Ilex glabra | Inkberry, Nigra | 6'-8' | 8'-10' |
Juniperus horizontalis | Juniper, Creeping | 2'-2.5' | 6'-10' |
Juniperus chinensis | Juniper, Sargent's Chinese | 1.5'-2.5' | 7'-9' |
Physocarpus opulifolius | Ninebark, Eastern | 5'-8' | 4'-6' |
Potentilla fruticosa | Cinquefoil, Bush | 1'-4' | 2'-4' |
Prunus laurocerasus | Laurelcherry, Common | 3'-6' | 3'-6' |
Rhodotypos scandens | Jetbead | 3'-6' | 4'-9' |
Ribes alpinum | Currant, Alpine | 3'-6' | 6'-9' |
Spiraea alba | Meadowsweet | 3'-4' | 3'-4' |
Spiraea x bumalda | Spirea, Bumalda | 2'-3' | 3'-5' |
Spiraea nipponica | Spirea, Snowmound | 3'-6' | 3'-6' |
Stephanandra incisa | Stephanandra, Cutleaf | 4'-7' | 4'-7' |
Symphoricarpos orbiculatus | Corralberry | 2'-5' | 4'-8' |
Rhus aromatica | Sumac, Fragrant | 3'-6' | 6'-10' |
Taxus media | Yew, English | 2'-4' | 3'-5' |
(Ord. 2017. Passed 1-26-17.)
1147.01 PURPOSE.
The purpose of this chapter is to establish standards and regulations to promote high quality architecture and building design throughout the City.
(Ord. 2017. Passed 1-26-17.)
1147.02 DEFINITIONS.
For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
A | |
Awning | A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework. See also the definition of "canopy" |
B | |
Building Base | The structural elements, design features, and materials associated with the lowermost portion of a building façade. |
Building Body | The remainder of the building visible between the building base and cap. |
Building Cap | The structural elements, design features, and materials associated with the uppermost portion of a building façade. |
C | |
Canopy | A structure other than an awning, made of cloth, metal, or other material with frames affixed to a building and/or carried by a frame which is supported by the ground. See also the definition of "awning". |
Colonnades | A row of columns supporting a roof structure. |
Cornices | A horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the top of a wall or roof line, including eaves and other roof overhang. |
E | |
Eaves | The projecting lower edges of a roof that overhangs the wall of a building. |
F | |
Facades | The exterior wall on the front, side, or rear elevation of the building regardless of whether the building side faces a public right-of-way. |
P | |
Parapet or Parapet Wall | A building façade that rises above the roof level. |
Pilasters | A shallow rectangular column projecting only slightly from a wall. |
(Ord. 2017. Passed 1-26-17.)
1147.03 GOALS.
The goals of this Architectural Standards Chapter are to:
(a) Encourage development that contributes to the City of Blue Ash's unique sense of place, and complements the City's existing high quality architecture and building design.
(b) Ensure that all developments, except one and two-family residential, are held to a high standard of development so that they complement and enhance the overall appearance of the City.
(c) Provide guidance to the development community so it is understood that the architectural standards of the City include site layout, architecture, building materials, screening, signage, and other site improvements.
(d) Implement the vision and guidelines established in the City's Land Use Plan.
(e) Be used by City staff, City boards and commissions, and any hired consultants or professionals in the review, evaluation, and approval of development and improvements to property.
(f) Promote unique and creative building design with the use of high quality building materials. These standards are not intended to require a particular architectural theme or style.
(Ord. 2017. Passed 1-26-17.)
1147.04 APPLICABILITY.
(a) All new buildings, except one and two-family residential, shall comply with the provisions of this Chapter.
(b) Exterior alterations, modifications, and additions to existing buildings, except one and two-family residential, shall comply with the architectural standards of this Chapter, unless the City Architect decides that consistency with the existing architecture better satisfies the goals of this Chapter.
(Ord. 2025-03. Passed 10-9-25.)
1147.05 COMMISSION AND COUNCIL ADJUSTMENTS.
The applicable review and approval body (Planning Commission and City Council) may alter the requirements of this Chapter if the application meets the intent of this Chapter.
(Ord. 2025-03. Passed 10-9-25.)
1147.06 ARCHITECTURAL STANDARDS THAT APPLY TO ALL BUILDINGS.
(a) Architectural style is not restricted, but the evaluation of the project's appearance shall be based on the quality and creativity of its design, the shape and form of the building and roof, and the building materials.
(b) Monotony of design in multiple building projects shall be avoided. Variation in detail shall be used to provide visual interest.
(c) Building Materials.
(1) Any combination of primary building materials, as identified in Section 1147.07, shall comprise seventy-five percent (75%) or more of each building facade. Secondary building materials, as identified in Section 1147.07, shall be used for accents and architectural treatments that comprise approximately twenty-five percent (25%) or less of each building façade. Materials not listed as primary or secondary may be approved by the City Architect.
(2) Each building shall use at least three different building materials. At least two (2) of the three (3) materials shall be from the list of primary building materials for the specific use as identified in the table in Section 1147.07.
(d) Architectural Treatments. All sides of buildings shall include a variety of architectural treatments as described in Section 1147.07. Architectural treatments shall include both vertical and horizontal features that break up façade walls including building projections, recesses, cornices, pilasters, contrasting horizontal or vertical bands, awnings, canopies, varying colors, or colonnades.
(e) Roof Forms. Roofs are an important architectural feature of a building and they shall complement and enhance the overall building design. Dynamic and asymmetrical roof forms are encouraged as they allude to motion, provide variety and flexibility in non-residential building design and allow for unique buildings.
Figure 1147-1: Example of a dynamic roof line.
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(f) Window Openings. First floor elevations that are visible from the public right-of-way shall maximize window openings as appropriate for the interior use.
(g) Exterior Equipment.
(1) Wall mounted mechanical equipment, electrical equipment, communication equipment, downspouts, gutters, service doors, and other building-mounted utility fixtures shall be painted and maintained to match the building or be screened from view.
(2) Mechanical equipment, electrical equipment, and communication equipment shall not be located in front yards.
(3) Mechanical equipment, electrical equipment, and communication equipment, including both ground-mounted and roof-mounted equipment shall be screened from view from adjacent public rights-of-way and from all property zoned or used for residential purposes.
Figure 1147-2: Example of how parapet walls are utilized to screen roof mounted mechanical equipment.
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(4) Screening elements, including landscaping, mounds, parapets, or enclosures, shall be compatible with the architecture, materials and colors used on the majority of the principal structure or as otherwise approved.
(h) Dumpster Enclosures. Dumpster enclosures shall be located in side or rear yards and shall be screened by a durable material that is consistent with the building material used on the principal structure. The screen walls shall be six feet in height or at least one foot above the height of the dumpster, whichever is taller. The fourth side of the dumpster enclosure shall be screened with an opaque gate that is the same height as the screen walls. Bollards shall be installed at the enclosure opening to prevent damage to the screen walls or gate. Chain link fences are not permitted as screening materials for dumpster enclosures. Dumpsters shall be located on an impervious surface, such as concrete or asphalt.
(Ord. 2017. Passed 1-26-17.)
1147.07 ARCHITECTURAL STANDARDS PER BUILDING USE.
The following table identifies the architectural standards that are required for each of the below identified uses.
Table 1147 1: Architectural Standards | ||||
Industrial Uses | Office | Mixed Use, Commercial, and Community Facilities | Multi-Family | |
Primary Building Materials | Use a minimum of two of the following materials: brick, stone, cultured stone, architectural CMU block, glass, and precast concrete panels. | Use a minimum of two of the following materials: brick, stone, cultured stone, architectural CMU block, and glass. | Use a minimum of two of the following materials: brick, stone, cultured stone, architectural CMU block, and glass. | Use a minimum of two of the following materials: brick, stone, cultured stone, architectural CMU block, and glass. |
Secondary Building Materials | Architectural grade metal panels, fiber cement siding, E.I.F.S., stucco, and wood. | Architectural grade metal panels, wood, precast concrete, fiber cement siding, E.I.F.S., and stucco. | Architectural grade metal panels, precast concrete, stucco, fiber cement siding, E.I.F.S., and wood. | Architectural grade metal panels, precast concrete, stucco, fiber cement siding, E.I.F.S., and wood. |
Prohibited Building Materials | Vinyl siding. | Vinyl siding. | Vinyl siding. | Vinyl siding. |
Number of Building Sides Requiring Primary and Secondary Architectural Articulation | One primary façade and three secondary facades. | One primary façade and three secondary facades. | One primary façade and three secondary facades. | One primary façade and three secondary facades. |
Primary Façade Requirements | A clearly defined entrance, an assortment of architectural treatments, a variety of materials, a clear distinction between the building base, body, and cap. | A clearly defined entrance, an assortment of architectural treatments, a variety of materials, a clear distinction between the building base, body, and cap. | A clearly defined entrance, an assortment of architectural treatments, a variety of materials, a clear distinction between the building base, body, and cap. | A clearly defined entrance, an assortment of architectural treatments, a variety of materials, a clear distinction between the building base, body, and cap. |
Secondary Façade Requirements | Similar in character to the primary façade with a continuation of the building materials and design. If one of the secondary facades requires a loading or service area, the area shall be located on a façade that does not face a public right-of-way and such area shall be screened from view from all public rights-of-way and from all property zoned or used for residential purposes. | Similar in character to the primary façade with a continuation of the building materials and design. If one of the secondary facades requires a loading or service area, the area shall be located on a façade that does not face a public right-of-way and such area shall be screened from view from all public rights-of-way and from all property zoned or used for residential purposes. | Similar in character to the primary façade with a continuation of the building materials and design. If one of the secondary facades requires a loading or service area, the area shall be located on a façade that does not face a public right-of-way and such area shall be screened from view from all public rights-of-way and from all property zoned or used for residential purposes. | Similar in character to the primary façade with a continuation of the building materials and design. If one of the secondary facades requires a loading or service area, the area shall be located on a façade that does not face a public right-of-way and such area shall be screened from view from all public rights-of-way and from all property zoned or used for residential purposes. |
Roof Standards | Dynamic and asymmetric roof forms are preferred. Flat roofs are acceptable if mechanical units are properly screened. Residential-style pitched roofs shall not be permitted. | Dynamic and asymmetric roof forms are preferred. Flat roofs are acceptable if mechanical units are properly screened. Pitched roofs shall be broken up with a roof feature such as a gabled window, projections, or eave variations. | Dynamic and asymmetric roof forms are preferred. Flat roofs are acceptable if mechanical units are properly screened. Pitched roofs shall be broken up with a roof feature such as a gabled window, projections, or eave variations. | Dynamic and asymmetric roof forms are preferred. Flat roofs are acceptable if mechanical units are properly screened. Pitched roofs shall be broken up with a roof feature such as a gabled window, projections, or eave variations. |
(Ord. 2017. Passed 1-26-17.)
1147.08 PROCEDURE.
Upon receipt of an application for a building permit for any building, except a one or two-family residence, the Community Development Director or other authorized inspector shall determine if the proposed construction must be reviewed by the City Architect to ensure compliance with this Chapter. If required, the City Architect shall review the application in accordance with the standards of this Chapter and shall render a written recommendation to approve, approve with conditions, or deny it together with a description of any elements that do not satisfy the applicable Code requirements. The recommendation shall be provided to the Community Development Director or other authorized inspector, who shall use it for administrative review and approval or for reviews that require approval by the Planning Commission, or City Council.
(Ord. 2025-03. Passed 10-9-25.)
1147.09 SUBMITTAL REQUIREMENTS.
The applicant shall submit electronically a site plan, landscaping plan, building floor plan, and elevation drawings of all proposed building facades of both principal and accessory buildings for review by the City Architect. The elevation drawings must be to a standard architectural or engineering scale and should include detailed information regarding the proposed exterior building materials, colors, and architectural elements. Material sample boards may be requested by the City Architect if it is deemed necessary for an accurate and thorough review of the application.
(Ord. 2017. Passed 1-26-17.)
1149.01 PURPOSE.
The purpose of this chapter is to establish general guidelines for the siting of towers and antennas.
(Ord. 2017. Passed 1-26-17.)
1149.02 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
A | |
Alternative Tower Structure | Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. |
Antenna | Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. |
C | |
City | The City of Blue Ash. |
F | |
FAA | The Federal Aviation Administration. |
FCC | The Federal Communications Commission. |
H | |
Height | When referring to a tower or other structure, the distance from ground level to the highest point on the tower or other structure, even if said highest point is an antenna. |
P | |
Personal Wireless Services | Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services. |
Preexisting Towers and Antennas | |
S | |
Site | A tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmission. |
Support Structure | Any building or structure accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower. |
T | |
Telecommunications Facilities | The towers, antenna, alternate tower structures, support structures, cables, wires and other equipment necessary for telecommunication. |
Tower | Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone tower, alternative tower structures, and the like. |
(Ord. 2017. Passed 1-26-17.)
1149.03 PURPOSE AND GOALS.
The goals of this chapter are to:
(a) Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community;
(b) Encourage strongly the joint use of new and existing tower sites;
(c) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(d) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
(e) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
(f) Protect the public health, safety, and welfare of the City.
(Ord. 2017. Passed 1-26-17.)
1149.04 APPLICABILITY.
(a) District Height Limitations. The requirements set forth in this chapter shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
(b) Public Property. Antennas or towers located on property owned, leased or otherwise controlled by the City shall be exempt from the requirements of this chapter, provided a license or lease authorizing such antenna or tower has been approved by the City.
(c) Amateur Radio: Receive-Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(d) Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this chapter shall not be required to meet the requirements of this chapter, other than the requirements of Section 1149.05(d) and 1149.05(e). Any such towers or antennas shall be referred to in this chapter as "preexisting towers" or preexisting antennas".
(Ord. 2017. Passed 1-26-17.)
1149.05 GENERAL GUIDELINES AND REQUIREMENTS.
(a) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers maybe located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b) Inventory of Existing Sites. Each applicant for an antenna and or tower shall provide to the Building Division of the City an inventory of its existing towers that are either within the City or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The City may share such information with other applicants applying for permits under this chapter or other organizations seeking to locate antennas within the City, provided, however that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(c) Aesthetics: Lighting. The guidelines set forth in this Section shall govern the location of all towers and the installation of all antennas governed by this chapter; provided, however, that the City may waive these requirements if it determines that the goals of this chapter are better served thereby.
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and support structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
(d) Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute a public nuisance and grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the City shall be in the manner provided in Section 521.26.
(e) Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable locally adopted building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the tower will be considered a public nuisance and the City may remove such tower at the owner's expense. Any such removal by the City shall be in the manner provided in Section 521.26.
(f) Availability of Suitable Existing Towers or Other Structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1) No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;
(2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;
(3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;
(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;
(5) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable (costs exceeding new tower development are presumed to be unreasonable); and/or
(6) The applicant demonstrates through reasonable written documentation that there are other limiting factors that render existing towers and structures unsuitable.
(g) Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the City may waive and/or modify such requirements as it deems appropriate.
(h) Landscaping. The following requirements shall govern the landscaping surrounding towers; provided however, that the City may wave such requirements if the goals of this chapter would be better served thereby:
(1) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property; the standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound;
(2) In locations where, in the opinion of the City, the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether;
(3) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible; in some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ord. 2017. Passed 1-26-17.)
1149.06 PERMITTED USES.
Telecommunications facilities are permitted as principal or accessory uses on site pursuant to the following guidelines:
(a) Permitted with no review required by the Planning Commission:
(1) Installing an antenna on an existing structure of any height other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure), so long as the additional antenna adds no more than twenty (20) feet to the height of the existing structure, provided, however, that such permitted use shall not include the placement of additional buildings or other support structures used in connection with the antenna; and
(2) Installing an antenna on any existing tower of any height, including a preexisting tower, so long as the additional antenna adds no more than twenty (20) feet to the height of the existing tower, provided, however, that such permitted use shall not include the placement of additional buildings or other support structures used in connection with said antenna.
(b) Permitted with review and approval by the Planning Commission required:
(1) Installing an antenna on an existing structure of any height other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure), so long as the additional antenna adds no more than twenty (20) feet to the height of the existing structure, and including the placement of additional buildings or other support structures used in connection with the antenna;
(2) Installing an antenna on an existing tower of any height, including a preexisting tower, so long as the additional antenna adds no more than twenty (20) feet to the height of the existing tower, and including the placement of additional buildings or other support structures used in connection with said antenna.
(3) Locating any alternative tower structure in conformity with the purpose and goals of this Chapter; and
(4) Locating a tower within a nonresidential zoning district in conformity with the following setback requirements:
A. Towers less than one hundred (100) feet in height shall be located no closer than five hundred (500) feet to any residential zoning district;
B. Towers less than one hundred fifty (150) feet in height but more than ninety (90) feet in height shall be located no closer than seven hundred fifty (750) feet to any residential zoning district; and
C. Towers one hundred fifty (150) feet in height and greater shall be located no closer than one thousand (1000) feet to any residential zoning district.
(Ord. 2025-03. Passed 10-9-25.)
1149.07 APPLICATION REQUIREMENTS.
An application to locate an antenna or tower must include information pertaining to all applicable requirements of this chapter. In addition, an application for placement of a tower on a site shall include a full site plan, at a scale of one inch to one hundred feet (1" = 100'), indicating at a minimum the following:
(a) The total area of the site;
(b) The existing zoning of the property in question and of all adjacent properties;
(c) All public and private right-of-way and easement lines located on or adjacent to the property which are proposed to be continued, created, relocated, or abandoned;
(d) Existing topography with a maximum of five (5) foot contour intervals;
(e) The proposed finished grade of the development shown by contours not exceeding five (5) foot intervals;
(f) The location of all existing buildings and structures and the proposed location tower and all support structures including dimensions, heights, and, where applicable, the gross floor area of the buildings;
(g) The locations and dimensions of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, grades, surfacing materials, drainage plans and illumination of the facility;
(h) All existing and proposed sidewalks and open areas on the site;
(i) The location of all proposed fences, screening, and walls;
(j) The location of all existing and proposed streets;
(k) All existing and proposed utilities including types and grades;
(l) The schedule of any phasing of the project;
(m) A written statement as to the visual and aesthetic impacts of the proposed tower an all adjacent residential zoning districts;
(n) The responsible entity charged with operation and maintenance of the proposed site.
(o) Any other information as may be deemed necessary by the City to determine compliance with the Codified Ordinances of the Blue Ash, Ohio.
(Ord. 2017. Passed 1-26-17.)
1149.08 REMOVAL OF ABANDONED ANTENNAS AND TOWERS.
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna or tower is not removed within ninety (90) days, the tower may be considered a public nuisance and the City may, in the manner provided in Section 521.26, remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Ord. 2017. Passed 1-26-17.)
1149.09 ENFORCEMENT AND PENALTY.
(Ord. 2017. Passed 1-26-17.)
CODIFIED ORDINANCES OF BLUE ASH