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Bucyrus City Zoning Code

TITLE ELEVEN

Additional Zoning Requirements

1185.01 LOT WIDTH.

   (a)   Frontage Required. No building, structure, or improvement shall be constructed or altered unless its lot fronts on a publicly dedicated and improved street or thoroughfare within the City.
   (b)   Lot Width. Lot width shall be measured along the minimum building setback line for the district within which such lot is located. On curved streets, the chord distance shall be used in calculating lot width.

1185.02 FRONT YARDS.

   (a)   Front Yard Requirements. Front yards shall be maintained in a neat and orderly state and kept free of trash and debris. In all districts, driveways may be located in front yards.
   (b)   Front Yard Measurements. Front yard depth shall be measured from the right-of-way line of the street or highway to the building line.
   (c)   Open Porches. An open, uncovered porch or paved terrace may not project into the required front yard for distance of greater than ten (10) feet.
   (d)   Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front yard no more than three (3) feet.
   (e)   Corner Lots. Lots fronting on more than one street shall provide the required front yard on both streets. Setbacks for one (1) of the other two (2) sides of the corner lot shall be as required for the rear yard in the district where the lot is located.

1185.03 SIDE YARDS.

   (a)   Measurement. Side yard width shall be measured from the nearest side lot line to the building line.
   (b)   Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of three (3) feet is maintained to any adjoining lot line.
   (c)   Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architec-tural features may project into a side yard no more than three (3) feet with minimum of two (2) feet maintained to any adjoining lot line.

1185.04 REAR YARDS.

   (a)   Measurement. Rear yard depth shall be measured from the rear lot line to the building line. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.
   (b)   Accessory Uses or Structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 1185.01.
   (c)   Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a rear yard no more than three (3) feet with a minimum of two (2) feet maintained to any adjoining lot line.

1185.05 HEIGHT.

   Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, silos, domes, spires, or similar structures.

1187.01 ACCESSORY BUILDINGS AND/OR STRUCTURES.

   "Accessory building or structure" shall mean a structure and/or use which is subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use. Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar facilities. Such accessory structures are subject to the following additional requirements:
   (a)    In the RE, R-1, R-2, and R-3 Districts, no separate accessory structure can be erected on a vacant lot, or any lot where there is no principal residential structure, without the approval of the Board of Zoning Appeals. Such approval, if granted, shall specify the conditions under which such accessory building can be erected.
   (b)    An accessory use or structure shall not exceed eighteen (18) feet in height.
   (c)    An unattached accessory structure shall be located within any side or rear yard. Such accessory structure shall be constructed not closer to the side lot line than the side yard requirement of the district where it is located, and not less than five (5) feet from the rear lot line, unless such lot backs unto a dedicated right-of-way or alley, in which case such setback shall not be less than ten (10) feet from such right-of-way or alley.
   (d)    The use of all accessory structures shall conform to the definition above, and no accessory structure shall be used for human habitation. Commercial uses of accessory structures shall be considered a conditional use subject to approval from the Board of Zoning Appeals using the criteria set forth in Bucyrus Codified Ordinance Section 1187.03.
      (Ord. 28-2024. Passed 7-23-24.)

1187.02 PRIVATE SWIMMING POOLS.

   A "private swimming pool" as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than twenty- four (24) inches. A private spa or hot tub with a lockable cover and garden ponds shall not be considered as a "swimming pool" subject to the provisions of this section. No swimming pool, exclusive of portable swimming pools with a water depth of less than twenty-four inches, shall be allowed in any residential district unless the following conditions and requirements are complied with:
   (a)   The pool is intended to be used solely for the occupants of the principal use of the property on which it is located, and their non-paying guests.
   (b)   Such pool, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard.
   (c)   Any private swimming pool, or the property on which the pool is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than four feet in height, maintained in good condition, and affixed with an operable gate and lock.
   (d)   All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.
   (e)   Whoever violates any provision of this section shall be fined not more than one hundred dollars ($100.00). Whoever violates this section is guilty of a minor misdemeanor.
   A zoning permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or his/her agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.
(Ord. 34-2009. Passed 10-6-09.)

1187.021 PONDS.

   A "pond" as regulated herein, is any outdoor excavation capable of containing in excess of two feet of water at its deepest point. Pools, private spas or hot tubs with a lockable cover and garden ponds shall not be considered as "ponds" subject to the provisions of this section. Dry retention ponds which only sporadically accumulate water and are designed and built to slow the flow of rainwater runoff and accumulate water to prevent flooding shall comply with all other regulations of this Code but shall not be considered ponds subject to the provisions herein. No pond, exclusive of garden ponds with a water depth of less than two feet of water, shall be allowed in any residential district unless the following conditions and requirements arc complied with:
   (a)    No pond shall be permitted to be built at any location where the total cumulative property size is less than one-half (1.5) acres.
   (b)    That the applicant submit a sufficient drawing of the proposed pond, which shall include, but is not limited to, a visual representation of the dimensions of the pond including approximate depth, as well as showing a visual representation of the applicable setback requirements. This submission shall further include the square footage and/or the acreage of the property the proposed pond may be constructed on.
   (c)    That the applicant furnish a submission including contour data, which shall come from the Crawford County Auditor.
   (d)    That the applicant submit plans, drawings, or intentions to construct, or utilize otherwise existing, natural or otherwise, at least one primary water overflow for normal breaching of banks, as well as at least one emergency water overflow for flood routing. Any proposed emergency water overflow flood routing shall be subject to approval by the Engineering Department.
   (e)    That the maximum underground bank slopes shall be no more than a ratio of 2:l.
   (f)    Any plan proposing stone embankment shall be subject to further approval by the Engineering Department.
   (g)    In the event that the gross square footage of disturbed area exceeds 5,000, then a stormwater management permit shall be required to proceed with the proposal.
   (h)    The pond is intended to be used solely for the occupants of the principal use of the property on which it is located, and their non-paying guests.
   (i)    Such pond, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard and shall adhere to all the applicable setback requirements.
   (j)   Any pond, or the property on which the pond is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than four feet in height, maintained in good condition, and affixed with an operable gate and lock.
   (k)    All lights used for the illumination of the pond and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pond is located.
   (l)   Whoever violates any provision of this section shall be fined not more than one hundred dollars ($100.00). Each day such violation of this section continues shall be deemed a separate offense. Whoever violates this section is guilty of a minor misdemeanor.
   A zoning permit shall be required for the construction or installation of any pond. The owner of the property, or his/her agent, shall certify that the pond will be constructed, installed and maintained in conformance with the above requirements.
(Ord. 13-2025. Passed 4-1-25.)

1187.03 HOME OCCUPATIONS.

   Home occupations shall be considered as an accessory or conditional uses as specified in the respective zoning districts of this Ordinance. In addition, all home occupations shall comply with the following standards:
   (a)    The use shall be clearly incidental and secondary to residential use of the dwelling and not more than twenty-five percent (25%) of dwelling unit floor area is devoted to the home occupation, except in circumstances where the "Home Occupation" is proposed in an accessory structure in which case the Board of Zoning Appeals may approve such request regardless of what percent of the structure is to be devoted to the home occupation.
   (b)    The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.
   (c)    Not more than one (1) person, other than immediate family residing at the premises, shall be employed in such occupation.
   (d)    External indication of such home occupation shall be limited to one nonilluminated sign, not more than six (6) square foot in area.
   (e)    No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.
   (f)    No home occupation shall involve the exterior storage of equipment or inventory.
   Generally, home occupations shall be regulated not by the specific activity performed, but rather by the presence of external impacts that may affect the residential character of the surrounding area. In particular, a home occupation shall consist primarily of rendering specific personal services. Examples would include a salesperson, member of the clergy, lawyer, engineer, architect, real estate consultant, accountant, artist, computer or telecommunications worker or private teacher. The home occupation shall be performed by the occupant of the premises.
(Ord. 28-2024. Passed 7-23-24.)

1187.04 GROUP RESIDENTIAL FACILITIES.

   "Group residential facilities" shall be defined and classified in Chapter 1139. A Class I Type B group residential facility, as defined in Article II, is permitted by right in any zoning district that permits single-family dwellings. A Class I Type A group residential facility shall be considered as a conditional use in the AR and NB Districts, subject to the standards below. A Class II Type A or Type B group residential facility shall be treated as a conditional use in the NB District subject to the standards below:
   (a)    The facility shall obtain all approvals and/or licenses as required by state and local laws.
   (b)   The facility shall provide 24-hour supervision by trained and qualified professional personnel.
   (c)   No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.
   (d)   The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
   (e)   Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
   (f)   Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.
   (g)   Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.
   (h)   The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.

1187.05 FENCES.

   Regulations regarding fences shall be as follows:
   (a)   No fence more than thirty percent (30%) solid or more than three feet high may be located within twenty feet of the curb or within twenty feet of the edge of the pavement or berm.
   (b)   Except as provided above, fences less than four feet high may be located on any part of a lot.
   (c)   Except as provided above, fences less than eight feet high may be erected on those parts of a lot that are as far back or farther back from the street than the main building.
   (d)   Along alleys and public driveways, fences shall be erected three feet off the property line or right of way, whichever is greater.
      (Ord. 20-2003. Passed 6-17-03.)

1187.06 HANDICAP RAMPS.

   Handicap ramps in residential areas otherwise not in compliance with the zoning regulations may be approved by the Zoning Inspector in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty or unnecessary hardship. (Ord. 5-2011. Passed 2-15-11.)

1187.07 PORTABLE SHIPPING CONTAINERS, STORAGE CONTAINERS, AND SIMILAR OBJECTS.

   Portable shipping containers, storage containers, and similar objects (including but not limited to, ISO boxes, semi-trailers, shipping containers, cargo containers, and military surplus CONEX boxes) shall be considered a conditional use in residential districts as specified in the respective zoning districts of this Ordinance. In addition, all portable shipping containers, storage containers, and similar objects shall comply with the following standards:
   (a)    The use shall be clearly an accessory use, incidental and secondary to the residential use of the dwelling.
   (b)    In the RE, R-1, R-2, and R-3 Districts, no separate portable shipping containers, storage containers, or similar objects can be placed on a vacant lot, or any lot where there is no principal residential structure, without the approval of the Board of Zoning Appeals. Such approval, if granted, shall specify the conditions under which such container or similar object can be erected.
   (c)    Portable shipping containers, storage containers, and similar objects shall be located within any side or rear yard. Such containers shall be placed no closer to the side lot line than the side yard requirement of the district where they are located, and not less than five (5) feet from the rear lot line, unless such lot backs unto a dedicated right-of-way or alley, in which case such setback shall not be less than ten (10) feet from such right-of-way or alley.
   (d)    Portable shipping containers, storage containers, and similar objects shall be subject to the requirements of Chapter 1355 of the Bucyrus Codified Ordinance; International Property Maintenance Code.
   (e)    External placards or stickers (such as hazmat placards or Department of Transportation placards) indicating the previously stored cargo shall be removed.
   (f)    Any modifications with interior or exterior finishes, doors, windows, or electrical fixtures, shall comply with either the Ohio Building Code (OBC) or Residential Code of Ohio (RCO.)
   (g)     The conditional and accessory use of the containers shall conform to the requirements above, and no conditional and accessory containers shall be used for human habitation, or for commercial purposes.
      (Ord. 18-2023. Passed 06-06-23.)

1189.01 PURPOSE.

   The purpose of these requirements is to encourage the orderly development of parking areas within the City and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.

1189.02 PROVISION FOR PARKING AND LOADING REQUIRED.

   In all zoning districts, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased in capacity, off-street parking and loading shall be provided in accordance with the provisions of this chapter.

1189.03 GENERAL REQUIREMENTS.

   (a)   Access. All off-street parking and loading areas provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley.
   (b)   Surfacing. All off-street parking and loading areas, except for parking areas serving single-family residential uses, shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface.
   (c)   Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.
   (d)   Location of Parking and Loading Spaces. A five (5) foot clear zone shall be maintained between the street right-of-way line, and any vehicle. Parking areas shall be so designed and arranged as to not allow the protruding of any vehicle, or portion thereof, over the clear zone.

1189.04 PARKING IN THE DOWNTOWN BUSINESS DISTRICT.

   The Downtown Business (DB) District is characterized by higher development density, small lots, and minimal building setbacks. Historically, a significant portion of the parking needs of this area has been provided by on-street parking, an option that is typically not available for suburban-type locations. For this reason, special parking regulations are warranted.
   For non-residential uses located within the DB District, the required number of parking spaces as specified in Section 1189.06 shall not apply, provided that in all cases, sufficient off-street spaces shall be provided for all employees of the establishment.

1189.05 PARKING LIMITATIONS IN RESIDENTIAL DISTRICTS.

   (a)   Parking of Recreational Equipment. Travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers, utility trailers and similar equipment shall not be parked on streets or alleys in any district where residences are a permitted use, for a period of time exceeding seventy-two (72) hours. In addition, the storage of such equipment shall be subject to the following requirements:
      (1)   Such recreational equipment shall not be parked or stored within the street right-of-way.
      (2)   Not more than two (2) pieces of recreational equipment shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of this Section, a boat stored on a boat trailer shall be deemed one piece of recreational equipment.
      (3)   Recreational equipment shall not be occupied or used for living, sleeping, housekeeping, storage or business purposes on a regular basis.
   (b)   Parking of Inoperable or Disabled Equipment or Vehicles. The exterior parking or storage of any inoperable or disabled piece of equipment or vehicle for a period of time exceeding thirty (30) consecutive days shall be prohibited, outside of an approved junk yard licensed and regulated pursuant to Section 4737.05 through 4735.12 of the Ohio Revised Code.
   The City of Bucyrus reserves the right to remove junk cars from private property following procedures and standards cited in Section 4513.65 of the Ohio Revised Code.

1189.06 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.

   Parking spaces shall be provided according to the following schedule of uses. If a use consists of more than one component use (e.g., a school with a stadium) the required number of parking spaces shall be the sum of the required spaces for those component uses.

1189.07 SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.

USE
NUMBER OF REQUIRED SPACES
A. Residential
1. Single or multiple- family residences
Two (2) per dwelling unit
2. Institutional housing, other residential uses
One (1) per three (3) occupants plus two (2) for each main work shift
B. Commercial
1. Professional, administrative and business
One (1) for each 400 S.F. of gross floor area
2. Food, department, general merchandise, hardware, drugs, or other retail sales
One (1) for each 300 S.F. of gross floor area
3. Eating or drinking establishments without drive-through facilities
One(1) for each 100 S.F. of gross floor area
4. Eating or drinking establishments with drive-through facilities.
One (1) for each 75 S.F. of gross floor area plus additional space in the drive-through lanes equal to twenty-five percent (25%) of the required number of parking spaces
5. Personal services, including banks, savings and loans, and repair services without drive-through facilities.
One (1) for each 300 S.F. of gross floor area
6. Personal services, including banks, savings and loans, and similar services with drive-through facilities
One (1) for each 300 S.F. of gross floor area. plus additional space in drive- through lanes equal to eighty percent (80%) of the required number of parking spaces
7. Barber and beauty shops
Two (2) for each work station
8. Gasoline and service stations, automobile service
Two (2) for each service bay plus one (1) for each pump, plus one (1) for each employee during the main shift
9. Self-serve laundries
One (1) for each three(3) washers
10. Medical and dental offices, human clinics
Four (4) for each doctor or dentist
11. Veterinary clinics, animal hospitals
Three (3) for each doctor
12. Hotels, bed-and-breakfast establishments
One (1) for each sleeping room plus one (1) for each employee during the main shift
13. Funeral homes
One (1) for each 400 S.F. of gross floor area
C. Industrial
1. Any manufacturing, processing, packaging, warehousing, distribution or service industry
Two (2) for each three (3) employees during work shift having greatest number of employees, plus one (1) for each vehicle maintained on the premises
D. Institutional
1. Churches and places of public worship
One (1) for each four (4) seats in main sanctuary
2. Public or private elementary or secondary school
Four (4) for each classroom, or one (1) for each in main auditorium, whichever is greater
3. Business, trade, or technical school, college or university
One (1) for each two (2) students and one (1) for each faculty member
4. Nursery School/Day Care   
One (1) for each fifteen (15) students
4. Libraries, museums, community centers and similar facilities
One for each 400 SF of gross floor area
5. Civic, social and fraternal organizations   
One (1) for each three (3) persons allowed in main meeting room at full capacity
6. Hospitals, nursing facilities
One (1) for each four (4) beds plus one (1) per employee on main shift
E. Recreational
1. Baseball, softball, football, soccer or similar organized sport playfield
Twenty (20) for each playfield, plus one for each six (6) seats in stands
2. Tennis, handball or racquetball courts
Three (3) for each court
3. Bowling alleys
Four (4) per lane, plus necessary spaces as required for auxiliary uses such as restaurants.
4. Theatres, stadiums, sports arenas, auditoriums
One (1) for each four (4) seats or other assembly halls other than schools

1191.01 PURPOSE.

   The purpose of these regulations is to prevent signs from becoming a distraction or obstruction to the safe and efficient flow of pedestrian and vehicular traffic, to prevent signs from having an adverse impact on adjacent properties or uses, to encourage the development of signage systems that promote an active economic and business environment, and thereby protect the general health, safety, and welfare of the citizens of the City of Bucyrus.

1191.02 DEFINITIONS.

   As used in this Article, the following words or phrases shall have the meanings herein:
   (a)   “Sign” means any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product.
   (b)   Other Definitions.
      (1)   “Banner” means a nonrigid cloth, plastic or canvas sign typically    related to a special event or promotion. For the purposes of this chapter, the term "banner" shall not include official flags of public entities, or civic, philanthropic, educational or religious organizations.
         (Ord. 7-2002. Passed 3-19-02.)
      (2)   "Canopy" means a structure separate from, but associated by use with the principal building, which is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. A "canopy sign" is a sign that is attached to or a part of the roof of such a structure. No posts on canopy signs can be set in the right of way.
         (Ord. 51-2019. Passed 10-1-19.)
      (3)   “Changeable copy sign" means a sign which, in whole or in part, provides for periodic changes in the material or message composing the sign. This definition includes both electronically and manually changeable signs.
      (4)   "Directional sign” means any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered.
      (5)   “Freestanding sign” means a sign which is wholly independent of any building for support.
      (6)   “Highway Sign“ means a freestanding sign located within 3,000 feet from the center line of a limited access arterial highway. Such sign shall be so located so as to be primarily visible from such highway.
      (7)   “Joint Identification sign” means a sign intended to provide the identity or name, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two or more businesses.
      (8)   "Off-premises sign" means any sign that identifies or provides information related to a good, service or event that is not located on the property where such sign is located.
      (9)   “Permanent sign” means a sign intended to be erected or used, or in fact which is used for time period in excess of ninety (90) days.
      (10)   “Portable sign” means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and shall include:
         A.   “Folding portable sign” meaning a sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.
      (11)   “Projecting sign” means a sign which extends outward perpendicular to the building face.
         (Ord. 7-2002. Passed 3-19-02.)
      (12)   "Temporary sign" means a sign intended to be used, or in fact used, for a limited time period or to promote or draw attention to a particular event. While there is no set duration for the use of temporary signs, all signs must comply with the provisions of 1191.09 and 1191.07.
         (Ord. 27-2015. Passed 7-7-15.)
      (13)   “Trailer sign” meaning a sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved.
      (14)   “Vending machine sign” means a sign installed by the manufacturer on a fuel pump, vending machine, or similar outdoor object.
      (15)   “Wall sign” means a sign attached to a building face, with the exposed face in a plane parallel to the plane of the wall. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings.
      (16)   “Window sign” means a sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.

1191.03 PROHIBITED SIGNS.

   Signs that are not specifically permitted in this chapter shall be considered as prohibited. Without restricting or limiting the generality of the foregoing provision, the following signs are specifically prohibited:
   (a)   Signs mounted on motor vehicles that are parked in a prominent    location for the primary purpose of displaying the sign.
   (b)   Flashing or high intensity lights mounted on a sign.
      (Ord. 7-2002. Passed 3-19-02.)
   (c)   Any sign that is located within a public right-of-way, affixed to any public utility pole, street tree, or located in any manner so as to create a safety or visibility hazard. (Ord. 27-2015. Passed 7-7-15.)
   (d)   Any sign that resembles or is intended to resemble a traffic control device, or is located in such a manner so as to obscure or impact the effectiveness of such traffic control device or signal.
   (e)   Any permanent or temporary sign located on a utility pole or otherwise displayed within the public right-of-way, except as specifically exempted herein.
   (f)   Any sign located so as to obscure the clear vision within a twenty-five feet (25’) triangle from any street and/or alley intersection.

1191.04 SIGNS EXCLUDED FROM REGULATIONS.

   The following signs are excluded from the regulations and requirements of this chapter:
   (a)   Signs not exceeding two (2) square feet in area that are customarily associated with residential use, including address and/or name of occupants of the structure, signs on mailboxes or newspaper tubes, signs posted on property related to private parking, signs denoting security systems being used on the site, and signs warning against trespassing or danger from animals. Signs associated with home occupations and/or any non-residential use of the property shall not be excluded from these regulations.
   (b)   Signs erected by a governmental entity for a recognized public purpose and duly authorized by any law, statute or ordinance. Such signs include legal notices and traffic control or safety devices, provided such signs carry no supplementary advertising.
   (c)   Signs located on the inside of a structure or building, that are not designed or located so as to be typically visible from outside the building.
   (d)   Signs which are in the nature of cornerstones, commemorative tables and historic designations, provided such signs are less than nine (9) square feet in size and not illuminated.
   (e)   Signs clearly in the nature of decorations customarily associated with a national, local or religious holiday. Such signs shall be of any illumination or animation provided that a safety and/or visibility hazard is not clearly created.
   (f)   Flags or insignias of any governmental entity when not displayed as an advertising device, or in connection with any commercial promotion.

1191.05 SIGN PERMITS AND ADMINISTRATION .

   (a)   Permit Required. No permanent or temporary sign, except as exempted in Sections 1191.04 or 1191.06 shall hereafter be erected, constructed or maintained within the City of Bucyrus unless a permit for the same has been issued by the Zoning Inspector. Application for a permit to construct or erect a sign shall be made by the owner of the property upon which the sign is proposed, or his agent. An application for a permit to erect a sign shall contain, at a minimum, a drawing of the sign including its size, its location on the lot, and specific information regarding its construction.
   (b)   Action on Sign Permit. The Zoning Inspector shall issue a sign permit upon submittal of a completed application and payment of applicable fees if he/she determines that the provisions of this Ordinance have been met If the application for a sign permit is denied, the applicant shall be given written notice of such denial, along with the reasons therefor.
   (c)   Appeals. Any decision made by the Zoning Inspector under the terms of this chapter may be appealed to the Board of Zoning Appeals in the manner set forth in Chapter 1147.

1191.06 SIGNS WHICH DO NOT REQUIRE A PERMIT.

   The following signs may be erected without a permit. Such signs, however, shall be subject to all other provisions of this chapter:
   (a)   Signs or posters concerning candidates for elective office, public issues shall not be located within a public right-of-way nor be affixed to any public utility pole or street tree. In addition such sign shall not be located in any manner so as to create a safety or visibility hazard. (Ord. 27-2015. Passed 7-7-15.)
   (b)   Signs that indicate the sale, development, rental or lease of a particular structure or land area, provided such sign does not exceed sixteen (16) square feet in area. One such sign be allowed per street front. Such signs shall not be located in a public right-of-way. (Ord. 7-2002. Passed 3-19-02.)
   (c)   Signs, which are less than two (2) square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building, which denote the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries.
   (d)    A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign provided such sign, is displayed for a time period not greater than seven 7 consecutive days, and is not to be located in a public right-of-way nor affixed to any public utility pole or street tree. Such signs shall not be located in such a manner so as to create a safety or visibility hazard.
   (e)    Temporary construction signs which display the identification of the construction project, including identification of the contractors, architects and other construction principals. Such construction sign shall be limited to one (1) per construction site, shall not exceed sixteen (16) square feet in area and shall be removed upon the completion of construction or the commencement of occupancy, whichever event occurs first. Such signs shall not be located within the public right-of-way.
   (f)    Temporary window signs which promote special business sales, promotions or occasions.
   (g)    Signs promoting community events and programs which last for a time period of fourteen (14) days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations. All such signs shall be removed not later than three (3) days after the scheduled activity.
   (h)    Temporary service signs which display the identification of the service provider shall not be located within a public right-of-way nor be affixed to any public utility pole or street tree. In addition such sign shall not be located in any manner so as to create a safety or visibility hazard.
   (i)    Signs determined by the Planning Commission to be similar to those specified in subsections (a) to (g) hereof.
      (Ord. 27-2015. Passed 7-7-15.)

1191.07 GENERAL REQUIREMENTS - TEMPORARY SIGNS.

   Temporary signs shall be subject to the following general requirements and shall require a permit unless otherwise exempted in the Code:
   (a)    Banners less than twenty (20) square feet in area are permitted, provided such signs are secured at each comer, point and/or end so as to prevent movement.
   (b)    One temporary freestanding changeable copy sign shall be permitted in nonresidential districts, per parcel.
   (c)    Trailer signs as defined.in Section 1191.02(b)(13) shall be permitted as temporary signs in the LIC and Gl Districts.
   (d)    Folding portable signs, as defined in Section 1191.02(b)(10)A. shall be permitted as temporary signs in the DB District, provided such signs are secured and/or anchored so as to prevent accidental collapse.
   (e)   All temporary signs must comply with the nuisance and condition provisions of Section 1191.09 herein. Any temporary sign in violation of 1191.09 must be removed. In no event shall a temporary sign advertising or promoting a specific event be allowed to remain standing for more than seven (7) days past the date or event highlighted by the sign. (Ord. 27-2015. Passed 7-7-15.)

1191.08 GENERAL REQUIREMENTS - PERMANENT SIGNS.

   Permanent signs shall be subject to the following requirements:
   (a)   Wall Signs. Wall signs shall be permitted in the NB, GB, DB, Gl, LIC, and SU Districts and may be erected on any building wall or extension of a building wall which faces a street, parking lot or service drive. Such sign may not extend beyond any building setback line. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of twelve (12) inches. The area of wall signs shall not exceed 33% of the surface area of the building wall or architectural elevation of the structure and no wall sign shall exceed 500 square feet in area.
      (Ord. 27-2015. Passed 7-7-15.)
   (b)   Canopy and/or Awning Signs. Canopy signs shall be permitted in the DB, NB, GB, GI, LIC, and SU Districts and may be painted on an awning area or attached to a canopy or roof which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee. Canopy or marquee signs shall be a minimum of nine (9) feet above ground level. In the Downtown Business District, canopy signs shall not extend more than 50 percent of the area from the face of the building to the curb, and shall not be supported by poles set into the right of way.
   (c)   Projecting Signs. Projecting signs shall be permitted in the DB, NB, GB and LIC Districts provided such signs do not exceed twenty (20) square feet in size, are placed not less than nine (9) feet above the sidewalk or ground level, and project not more than six (6) feet outward from the building face.
      (Ord. 51-2019. Passed 10-1-19.)
   (d)   Freestanding Signs. Freestanding signs shall be permitted in the GB, GI, LIC, DB and SU Districts. Freestanding signs shall not exceed ten (10) feet in the DB District and twenty-five (25) feet in height in other districts. No portion of any freestanding sign shall be erected over the street right-of-way. The area of a freestanding sign shall not exceed twenty-five (25) feet in the DB District, seventy- five (75) feet in the GB and GI Districts, and fifty (50) feet in other Districts.
      (Ord. 7-2002. Passed 3-19-02.)
   (e)   Shopping Center Signs. Shopping centers or similar sites with multiple businesses shall be permitted one (1) freestanding sign not more than 600 square feet in area, displaying the identification of the establishments on the site. In addition, each business within such complex shall be permitted one (1) wall sign, as well as window signs and one temporary sign not exceeding 20 square feet.
      (Ord. 27-2015. Passed 7-7-15.)
   (f)   Off-Premises Signs. Off-premises signs as defined in Section 1191.02(b)(8) shall be considered as a conditional use in the GB and LIC Districts, The location of such sign(s) shall be approved by the Board of Zoning Appeals. Not more than one (1) off- premises sign with a sign face area not exceeding twenty (20) square feet is permitted on a single lot. Off-premises signs shall conform to all applicable height restrictions for structures in the zoning district where they are located.
   (g)   Highway Signs. Highway signs, as defined in Section 1191.02(b)(6), shall be considered as a conditional use in all non-residential zoning districts. Such signs shall be limited to a maximum height of 135 feet, and the area of each sign face shall not exceed 300 square feet.
      The placement of any proposed highway sign shall be approved by the Board of Zoning Appeals. In making such determination, the Board shall consider, at a minimum, the following factors:
      (1)   The proposed sign does not impair vehicular or pedestrian traffic nor interfere with ingress or egress including sight distance to the property or adjacent property.
      (2)   The proposed sign does not encroach on any public right-of-way, public or private utility pole, wire, or obstruct or conceal any traffic control device.
      (3)   The adverse impacts of any such sign location on adjacent property have been documented and addressed by the applicant. (Ord. 7-2002. Passed 3-19-02.)
   (h)   General Requirements.
      (1)   Illumination. Illuminated signs shall be permitted only in the NB, GB, DB, GI, LIC, and SU Districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate in intensity, travel, move or in any manner fail to provide constant illumination, and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a safety hazard to vehicular movement on any street. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets. This section shall not prohibit the use of electronic changeable copy signs. (Ord. 27-2015. Passed 7-7-15.)
      (2)   Construction. All signs and parts thereof, including any electrical wiring, shall be erected, constructed, and maintained so as to not constitute a safety hazard. The construction and installation of all signs shall be subject to inspection by the City and/or the State of Ohio.
         (Ord. 7-2002. Passed 3-19-02.)
      (3)   Location. No part of any sign shall be placed in, over, or extend onto any public right-of-way, except in the Downtown Business District for permanent wall, canopy/awning and projecting signs as set forth in Section 1191.02 and 1191.08 of this Code. (Ord. 51-2019. Passed 10-1-19.)
      (4)   Permanent Subdivision Identification Signs. Such signs shall be limited to wall mounted or freestanding signs only, with placement on walls, columns or similar architectural or landscaped entrance features used to denote the entrance to the subdivision. Such sign shall be not more than five (5) feet in height and shall set back at least twenty (20) feet from the right-of-way of both streets.
      (5)   Signs in SU District. Signs in the SU District shall reflect the standards for similar uses in other districts. The applicant shall submit a total signage plan for the proposed development as part of the Development Plan.

1191.09 NONCONFORMING SIGNS.

   (a)    Noncommercial signs, including but not limited to political signs which are temporary in nature, shall be permitted in all districts. Temporary noncommercial signs are those which are not permanently affixed to the ground, a building or other permanent structure on the property and not intended to be permanent in time.
   (b)    All signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or printed at all times. Signs shall be refinished, repaired or removed as necessary to correct problems of rust, corrosion, cracks, broken faces, fading, malfunctioning lamps, missing letters or characters, peeling, warping, facing or unsafe conditions within ten (10) days following notification by the City.
   (c)    The following signs are hereby declared to be public nuisances:
      (1)    Any sign or advertising structure, including flags, unlawfully constructed, placed on, or unlawfully projecting over land owned in fee simple by a governmental entity, or unlawfully on or over a public right of way without an encroachment permit as provided in this municipal code.
      (2)    Any sign declared to be hazardous or unsafe by the City of Bucyrus Code Enforcement Officer. Hazardous or unsafe signs shall include those which are determined to be capable of causing harm to the public or to property: i) directly, through collapse or deterioration, or ii) indirectly, by obscuring sight lines or creating a hazard to pedestrians, motorists, or other person.
      (3)    Any temporary sign, or its supporting materials, that have become damaged due to accident or age, faded due to age or weather, are ripped, torn, bent, broken or otherwise so deteriorated so as to become unsightly must be removed 10 days of the property owner receiving written notice by the City of Bucyrus Code Enforcement Officer.
      (4)    The City of Bucyrus Code Enforcement Officer may move, remove, and/or dispose of a sign or advertising structure that has been declared a public nuisance pursuant to this municipal code, provided that written notice has been issued to the property owner to remove, replace, or repair the sign in question. In addition, a Code Enforcement Officer may authorize any work required to correct a hazardous or unsafe condition. Any cost incurred may be billed to the property owner.
      (5)    A City Enforcement Officer shall charge the cost of moving, removing, disposing, correcting, storing, repairing, or working on a sign or sign structure to any one or all of the following, each of which shall be jointly and individually liable for said expense:
         A.    The Permittee.
         B.    The owner of the sign.
         C.    The owner of the premises on which the sign is located.
         D.    The sign lessee or lessor.
      (6)    The charge for expenses shall be in addition to any penalty for the violation. Recovery of the sign does not necessarily void the penalty.
      (7)    Signs removed by the City which are made of paper, cardboard, lightweight plastic, or similar materials may be discarded immediately. All other removed signs shall be held no less than thirty (30) days after notice by the City, during which period it may be recovered by the owner upon paying the City for costs of removal and storage. If not recovered within the allowed thirty (30) day period, the sign and structure is hereby declared abandoned and title thereto shall vest to the City.
   (d)    Removal of Obsolete Signs. Any sign that identifies a business that is no longer in operation, or that identifies an activity or event that has already occurred, or a product that is no longer made, shall be considered abandoned and shall be removed by the owner, agent, or person having use of a building or structure. Upon vacating a commercial or industrial establishment, the proprietor shall be responsible for removal of all signs used in conjunction with the business. However, where a conforming sign structure and frame are typically reused by a current occupant in leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided the sign structure and frame are maintained in good condition. In the case of an obsolete electronic message sign, all of the above shall apply, as well as termination of electrical service to the sign.
   (e)    Liability Insurance for Certain Signs. If any wall sign, projecting sign, or roof sign is suspended over a public street or property, or if any vertical distance of such a sign above the street is greater than the horizontal distance from the sign to the street right-of-way line such that the sign is capable of falling or being pushed onto public property, then the owner of such a sign shall maintain a public liability insurance policy, approved by the City Law Director, in the amount set by resolution of Council. The policy shall indemnify the owner from all damages, suits, or actions of any nature brought or claimed against the owner for or on account of injuries or damages to persons or property received or sustained by any person through any act of omission or negligence of the owner, his servants, agents, or employees regarding such sign. The policy shall contain a clause whereby the policy cannot be canceled until after a written notice of intention to cancel has been filed with the City Law Director at least (10) days prior to the date of cancellation. The policy shall be renewed annually on or before the first day of May of each year and certificate of renewal or new policy shall be filed with the Law Director. In lieu of an insurance policy an owner may present satisfactory proof to the Law Director that the owner is financially capable of self-insurance in the amounts required by resolution of Council. Nothing in this section shall be interpreted to grant approval to signs suspended over public property or other signs not in compliance with the regulations in this Ordinance or other applicable ordinance.
   (f)    Relocation or Replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance, the sign shall be subject to removal.
      (1)    Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
      (2)    The size and structural shape of the sign shall not be changed or altered. The copy may be changed provided that the change applies to the original use associated with the sign at the time the sign became nonconforming, and a permit is obtained. The copy area shall not be enlarged. Notwithstanding, this provision shall not be construed to prohibit a property owner with a substituted nonconforming use allowed by the Board of Zoning Appeals in accordance with Section 1151.03, from amending the copy of an existing nonconforming sign to reflect the substituted nonconforming use, provided the owner does not change the square footage of the sign.
      (3)    In case damage occurs to the sign to the extent that more than fifty percent (50%) of the replacement value is lost, the sign shall be removed within (60) days.
   (g)    Inspection and Removal. If any existing sign is found, upon inspection by the Zoning Inspector, to constitute a hazard to public safety, such sign shall be subject to immediate removal by order of the Zoning Inspector.
(Ord. 27-2015. Passed 7-7-15.)

1191.10 VARIANCES.

   Variances to this chapter may be granted pursuant to the procedures and policies set forth in Chapter 1147.

1191.99 PENALTIES.

   Any person, firm, corporation, partnership or association violating any provision of this chapter or failing to obey any lawful order issued pursuant to its terms shall be subject to fines and penalties as specified in Section 1143.10(d).
 
 
 
 
 

1193.01 SOLAR PANELS.

   (a)    Intent. The intent of this Ordinance is to regulate residential solar panels only.
   (b)    Definitions.
      (1)    "Solar panel" shall mean any device used for collecting solar energy and converting it to electrical power or stored heat.
      (2)    "Solar energy system, Solar panel system", " Solar Energy Collection Device" or " Solar Array" shall mean any collection of solar panels, connectors, battery banks, controllers, wiring, meters and switching devices intended to work in combination to convert solar energy to electrical power or stored heat.
      (3)    "Solar Cell" means the basic photovoltaic device that generates electricity when exposed to light.
      (4)    "Abandonment" means the discontinued use of the Solar Energy System in whole or part.
   (c)    Solar Panels. The installation and construction of a solar energy system is subject
to the following development and design standards.
      (1)    A solar energy system may be either building-mounted or ground mounted.
      (2)    Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways in such a manner that said concentrated solar radiation, and/or glare, creates a hazard to health and safety, and that said solar radiation, and/or glare would not be considered a nuisance by a reasonable person.
      (3)    All power transmission lines from a ground-mounted solar energy system to any structure must be located underground in accordance, and with adherence to, all state and local requirements.
      (4)    Advertising of a commercial nature including, but not limited to, signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials of any kind is prohibited. The manufacturer and equipment information, warning signs, and/or ownership information is allowed on any equipment of the solar energy system.
      (5)    A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection to the Service- Safety Director.
      (6)    Solar Panels shall be uniform in appearance and color, and to the extent practicable, match the design and color of the roof on which the panels will be placed.
   (d)    Building-Mounted Systems. A building-mounted system may be mounted on a principal building, or accessory building, as defined herein, in the following locations:
      (1)    When mounted on a roof:
         A.    On a flat roof, solar panels are permitted when set back eight (8) feet from the front facade of the building unless otherwise approved by the Planning Commission and/or Board of Zoning Appeals, as applicable.
         B.    For other roof forms, solar panels are permitted on the rear and side roof, but must be set back six (6) feet behind the ridge line unless otherwise approved by the Planning Commission and/or Board of Zoning Appeals, as applicable.
         C.    Solar panels on the front or corner side roof are permitted with the approval from the Planning Commission and/or Board of Zoning Appeals, provided that the grant or denial of such approval is within the discretion of the Planning Commission and/or Board of Zoning Appeals, upon consideration of the impact upon neighbors, the extent to which such solar panel installation is consistent with the features of the zoning district and neighborhood in which the subject property is located, and aesthetic considerations, as well as any other information or consideration reasonably applicable to the decision.
      (2)   The solar panel system is limited to the maximum building heights of the zoning district for the building type (principal or accessory structure) or a maximum height of five (5) feet, whichever is less. Height is measured from the roof surface, on which the system is mounted, to the highest edge of the system.
      (3)    Solar energy systems may project off a building as follows:
         A.    May project up to four (4) feet from the facade.
         B.    May project into a side or rear setback, but shall be no closer than five (5) feet to the side or rear property line.
      (4)    In the case of a flat roof system, solar panels must be set back six (6) feet from any building wall.
   (e)    Ground-Mounted Systems.
      (1)    A ground-mounted system is permitted only in the rear yard and must be set back a minimum of five (5) feet from any lot line.
      (2)    A ground mounted system is considered to be an accessory building as defined herein, for the purposes of this zoning code, subject to the regulations set forth in subsection (3) below. A ground-mounted system shall not exceed the maximum building heights for accessory buildings.
      (3)    Single-family residential lots shall be permitted the larger of either one hundred square feet of panels or one (1) square foot of solar panels for every one hundred (100) square feet of lot.
      (4)    Ground-mounted solar panel systems shall remain structurally secure in winds up to ninety (90) miles per hour.
      (5)    All ground-mounted systems are subject to Planning Commission approval, which may grant or deny such approval in the Planning Commission's discretion, upon consideration of the impact upon neighbors, the extent to which such solar panel installation is consistent with the features of the zoning district and neighborhood in which the subject property is located and aesthetic considerations. as well as any other information or consideration reasonably applicable to the decision.
   (f)    Solar Access Protection. For purposes of ensuring adequate access of solar energy
collection devices to sunlight, any person may grant a solar access easement in accordance with Ohio Revised Code Section 5301.63 (Solar access easement requirements). Such easements must be in writing and subject the same conveyance and recording requirements as other easements. Any instrument that grants a solar access easement must include all requirements required by Ohio law.
   (g)    National Fire Protection Association Compliance. Any solar panel or solar panel
system shall be installed in compliance with the National Fire Protection Association ("NFPA) 70, as set forth in Ohio Administrative Code Section 1301:7-7-80, as the same may be amended from time to time, including, but not limited to, NFPA Article 690 and Section 690.12, as the same may be amended from time to time, and with any applicable Ohio Fire Code section, as the same may be amended from time to time. Compliance with NFPA 70 and/or the Ohio Fire Code shall be determined by the Bucyrus Fire Chief or his designee, in the Bucyrus Fire Chief's sole discretion.
   (h)    Roof Access Dimensions for Firefighting and Inspection of the Same. The
following roof access dimensions shall be required in connection with any roof mounted solar panels, and the following shall be subject to a final inspection by the Bucyrus Fire Department, or their agents, prior to approval:
      (1)    On residential buildings with hip roof layouts, panels shall be located in a manner that provides one (1) three-foot (3') wide clear access pathway from the eave to the ridge on each roof slope where panels are located.
      (2)    The access pathway shall be located at a structurally strong location on the building (such as a bearing wall).
      (3)    On residential buildings with a single ridge, panels shall be located in a manner that provides two (2) three-foot (3') wide access pathways from the eave to the ridge on each roof slope where panels are located.
      (4)    Panels shall be located no closer than one and one-half (1.5) feet to a hip or a valley if panels are to be placed on both sides of the hip or valley. If panels are to be located on only one side of a hip or valley that is of equal length, then the panels may be placed directly adjacent to the hip or valley.
      (5)    Panels shall be located no higher than three feet (3') below the ridge.
      (6)    Notwithstanding any other provisions of this ordinance, plan review is required if a system is to be installed that will occupy more than fifty percent (50%) of the roof area of a residential dwelling.
   (i)    Engineer Report. The Zoning Inspector shall not issue a permit for any solar energy system without a stamped opinion of a registered/licensed engineer indicating that (i) the load-bearing elements of the building or structure in question can structurally support the weight of the solar panels and related wiring and infrastructure, together with any other load-bearing requirements and (ii) the solar energy system and solar panels will remain structurally secure in winds up to ninety (90) miles per hour.
   (j)   Abandonment. Upon abandonment, the owner shall physically remove the solar energy system within sixty (60) days of abandonment. "Physically remove" shall include, but not be limited to:
      (1)    Removal of the Solar Energy System and related above grade structures.
      (2)    Restoration of the location of the Solar Energy System to its prior condition.
   (k)    Exclusions. Solar panels that serve as power collecting stations for security devices and exterior lighting systems to support the primary use at the premises are not included in this ordinance.
   (l)    Penalty. Whoever violates the provisions of this Chapter shall be given notice by
the Zoning Department of the violation(s) and be provided ten (10) days in order to remedy the violation(s) to the satisfaction of the Zoning Department. Failure to remedy the violations within the time proscribed shall be a minor misdemeanor, punishable by a fine not to exceed one hundred fifty dollars ($150.00). Each day that a Solar Energy System is erected or maintained in violation of the Chapter after the time proscribed to remedy said violation(s) shall constitute a separate and distinct offense.
(Ord. 14-2025. Passed 4-1-25.)
 

1195.01 PURPOSE.

   The purpose of this chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this chapter to regulate 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, residential areas, schools, churches, parks and playgrounds within the City.

1195.02 DEFINITIONS.

   (a)   “Adult Entertainment Facility” means any establishment which is involved in one or more of the following listed categories.
      (1)   “Adult Book Store” or "Adult Video Store" means a commercial establishment which as one of its principal business purposes offers for sale or rental , or for the purpose of display by coin or slug-operated, 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 “specified sexual activities” or “specified anatomical areas” as defined below.
      (2)   “Adult Motion Picture” means a facility for the display of motion pictures which is regularly used or utilizes fifteen percent (15%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein.
      (3)   “Adult Entertainment Business” means any establishment involved in the sale or display of services or products characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
   (b)   “Specified Sexual Activities” means any of the following:
      (1)   Human genitals in a state of sexual stimulation or arousal.
      (2)   Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
      (3)   Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
   (c)   “Specified Anatomical Areas” mean any of the following:
      (1)   Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
      (2)   Human male genitals in a discernible turgid state.
   (d)   “Fine Art Gallery” means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
   (e)   “Sexually explicit nudity” means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
   (f)   “Sadomasochistic sexual abuse” means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
   (g)   “Visibly displayed” means the material is visible on a billboard viewing screen marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.

1195.03 EXCEPTIONS.

   Nothing in this chapter shall be construed to pertain to:
   (a)   The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.
   (b)   The exhibition and/or performance of any play, drama tableau, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.

1195.04 LOCATION.

   Adult Entertainment Facilities are to be considered a conditional use in the GB District, and are additionally subject to the following conditions:
   (a)   No adult entertainment facility shall be established within 1,500 feet of any residence or district where residences are a permitted use.
   (b)   No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library, or teaching facility, whether public or private, when such school, library, or teaching facility is attended by persons under 18 years of age.
   (c)   No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons under 18 years of age.
   (d)   No adult entertainment facility shall be established within a radius of 1,500 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.
   (e)   No adult entertainment facility shall be established within a radius of 2,000 feet of any other adult entertainment facility.
   (f)   No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi- public areas.
   (g)   All building openings, entries, windows, etc. for adult entertainment uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.
   (h)   No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi-public area.

1197.01 PURPOSE.

   This chapter is intended to regulate the permitted Zoning Districts for any and all legal Adult Use and Medical Marijuana facilities within the territory of the City of Bucyrus, while also adhering to the State of Ohio location requirements, with the specific intent to keep said facilities out of the downtown business district.
(Ord. 26-2025. Passed 4-24-25.)

1197.02 PERMITTED ZONING DISTRICTS.

   (a)   The following Zoning Districts are permitted for Adult Use as well as Medical Marijuana facilities:
      (1)   The General Industrial District, also known as (GI), and
      (2)   The Limited Industrial Commercial District, also known as (LIC), and
      (3)   The General Business District, also known as (GB).
   (b)   All other commercial Zoning Districts shall require a conditional use determination granted by the Zoning Appeals Board pursuant to Chapter 1149 of Title Seven of this Part to authorize any and all Adult Use as well as Medical Marijuana facilities inside said Zoning Districts.
(Ord. 26-2025. Passed 4-24-25.)
CODIFIED ORDINANCES OF BUCYRUS