Chillicothe City Zoning Code
TITLE FOUR
Additional Zoning Requirements
1171.01 LOT WIDTH.
(a) Frontage Required. No building, structure, or improvement shall be constructed or altered, on any lot, nor shall any new lot be established, unless such 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. For lots on curved streets or at the terminus of a cul-de-sac, lot width shall be determined by the chord length of the lot at the minimum building setback line. (Ord. 27-11. Passed 3-14-11.)
1171.02 FRONT YARDS.
(a) Front Yard Requirements. All front yard space shall be landscaped by lawns, shrubbery, trees or other plantings and maintained in a neat and orderly state.
(b) Front Yard Measurements. Front yard depth shall be measured from the right-of-way line of the street or thoroughfare to the building line.
(c) 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 a corner lot shall be as required for the rear yard of the district where the lot is located.
(d) Open Porches. In residential districts, an open, uncovered porch or paved terrace may project into a required front yard for a distance of not greater than ten (10) feet.
(e) Modification of Front Yard Building Setbacks in Specific Cases. Notwithstanding the minimum front yard building setback established for any residential district, when a new single family residence is proposed on a lot or lots platted prior to the effective date of this Ordinance, and when such lot or lots are adjacent to existing structures on one or both sides thereof, the minimum front yard building setback for the proposed structure shall not be less than the smaller of the front yard building setback(s) of the adjacent structure(s).
(Ord. 27-11. Passed 3-14-11.)
1171.03 SIDE YARDS.
(a) Measurement. Side yard width shall be measured from the side lot line to the nearest point of the outside wall of the building.
(b) Open Porches. In a residential district, an open, uncovered porch, deck or paved terrace may project into a required side yard, if a minimum of five (5) feet is maintained to any adjoining lot line in the R-1 and R-2 Districts, and three (3) feet in the R-3 District.
(c) Accessory Uses or Structures. Accessory uses or accessory structures may be allowed in a side yard, subject to requirements of Section 1173.01.
(Ord. 27-11. Passed 3-14-11.)
1171.04 REAR YARDS.
(a) Measurement. Rear yard depth shall be measured from the rear lot line to the nearest point of the outside wall of the building. 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 1173.01.
(c) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required rear yard, if a minimum of ten (10) feet is maintained to any adjoining lot line. (Ord. 27-11. Passed 3-14-11.)
1171.05 ARCHITECTURAL FEATURES.
Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front, side or rear yard not more than three (3) feet.
(Ord. 27-11. Passed 3-14-11.)
1171.06 HEIGHT.
Height regulations specified in the various zoning districts shall not apply to chimneys, steeples, spires, or similar structures attached to and appropriate with the primary structure, provided the height of all such structures shall not constitute a hazard to the safe landing and takeoff of aircraft from an established airport or hospital.
(Ord. 27-11. Passed 3-14-11.)
1171.07 MINIMUM FLOOR AREA REQUIREMENTS.
Minimum floor area requirements as specified in the various zoning districts shall not include basements, open porches or decks with no roof, or outdoor living areas, garages, breezeways or steps. (Ord. 27-11. Passed 3-14-11.)
1171.08 LOT COVERAGE.
The calculation of lot coverage shall include principal and accessory structures, decks, porches or steps covered by a roof, but shall not include open decks, porches or other structures with no roof. (Ord. 27-11. Passed 3-14-11.)
1171.09 CURB CUTS.
(a) R Districts. Curb cuts in R Districts for properties not abutting a public alley on a collector or arterial street shall be located more than fifty (50) feet of any street intersection, as measured from the nearest right-of-way line of the intersecting street. If more than one (1) curb cut is proposed on a single lot, the applicant for a zoning certificate on such property shall demonstrate that such additional curb cut is necessary for safe vehicular movement to and from the site and that the distance between the curb cuts is sufficient to allow for the safe and efficient ingress and egress of vehicular traffic from the site.
(b) LC, GC, RC, GI, IR and IP Districts. All new curb cuts must be located more than 150 feet from any street intersection and fifty (50) feet from any adjacent property line. Notwithstanding the above, if the curb cut is located on a street classified as an arterial or collector street, the location of the curb cut shall be subject to specific approval by the City Engineer. In such cases, the City Engineer shall utilize the standards and requirements of the Ohio Department of Transportation Access Management Manual, as may be amended. In addition, the applicant for a zoning certificate on such property shall demonstrate that the distance between the curb cuts is sufficient to allow for the safe and efficient ingress and egress of vehicular traffic from the site. (Ord. 27-11. Passed 3-14-11.)
1173.01 ACCESSORY BUILDINGS AND 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 may include but are not limited to detached garages, tool and garden sheds, swing sets and playground units, tennis courts, swimming pools and similar structures or facilities. Such accessory structures are subject to the following additional requirements:
(a) The use of all accessory structures shall conform to the definition above.
(b) No accessory structure shall be used for human habitation, or for commercial purposes.
(c) In the R Districts, no separate accessory structure can be erected on a vacant lot, or any lot where there is no principal residential structure.
(d) An accessory structure shall not exceed eighteen (18) feet in height, unless the subject property is subject to historic design review, and specific approval for a higher accessory building is granted by the Historic District Review Board, in order to promote consistency with the architectural character of the other structures on the site.
(e) An unattached accessory use or structure shall be located to the rear of the front building line of the principal structure, within any side or rear yard no closer than six (6) feet from any side or rear lot line in the R-1 and R-2 Districts and three (3) feet in the R-3, RO or MH-R Districts. In any other district, the location of accessory structures must be approved by the Planning Commission.
(f) The total area of all accessory uses or structures shall not exceed the greater of 1,000 square feet or three and one-half percent (3.5%) of the total area of the lot. Such area shall be considered as the area of all accessory uses and structures covered by a roof. Swimming pools, tennis courts and similar uncovered areas shall be exempt from these area requirements.
(g) Not more than one (1) moveable storage building shall be allowed on any single residential property, and such structure shall comply with the location requirements of subsection (e) hereof.
(h) The above restrictions shall not apply to temporary storage structures in place for less than ninety (90) days.
(Ord. 27-11. Passed 3-14-11.)
1173.02 HOME OCCUPATIONS.
Home occupations or professions shall be regulated as permitted or conditional uses in the various residential districts. A home occupation shall comply with the following standards:
(a) The use shall be clearly incidental and secondary to residential use of the dwelling.
(b) Not more than twenty-five percent (25%) of dwelling unit floor area, or 500 square feet, whichever is less, shall be devoted to the home occupation. In addition, the home occupation shall not require structural alteration to the building or structure.
(c) The home occupation shall be conducted and managed by the principal occupant of the property. Not more than one (1) person, other than immediate family residing at the premises, shall be employed in such occupation.
(d) The home occupation shall not generate greater traffic volume than is typical for a local street.
(e) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.
(f) External indication of such home occupation shall be limited to one (1) non-illuminated sign, not more than two (2) square feet, attached flat against the principal structure.
(g) No home occupation shall be conducted from any accessory building on the lot, unless specific approval for such home occupation is granted by the Board of Zoning Appeals. In such cases, the applicant shall provide specific evidence to the Board that the operation of the home occupation shall not adversely affect the existing residential character of adjacent and proximate properties and the surrounding area. In addition, the Board may impose specific conditions on such home occupation to ensure that such objectives are achieved.
(Ord. 27-11. Passed 3-14-11.)
1173.03 PRIVATE SWIMMING POOLS.
Private swimming pools as an accessory use shall be regulated pursuant to the standards and requirements of Section 521.07 of the Codified Ordinances. A zoning certificate shall be required for the construction or installation of any private swimming pool. The owner of the property, or his agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above cited standards and requirements.
(Ord. 27-11. Passed 3-14-11.)
1173.04 RESIDENTIAL FENCES AND/OR HEDGES.
(a) Definition. "Fence" or "wall" means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence.
A "decorative fence" shall mean a fence that is not suited for the confinement of animals or property and the opacity of the fence is less than twenty-five percent (25%).
(b) Certificate Required. No fence or wall, as defined above, may be erected within the City unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land. The owner shall also identify any dedicated easements and/or drainage structures in the immediate vicinity of the proposed fence and shall certify that he/she shall bear all future costs and liability associated with such fence being located on or over such dedicated easements or drainage structures.
(c) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:
(1) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any area of the lot behind the building setback line.
(2) A decorative fence or wall not exceeding forty-eight inches (48") in height may be erected within the front yard of any R District provided that the following conditions are met:
A. The fence or hedge is located not less than three (3) feet from the street right-of-way line, and
B. Such decorative fence shall not consist of discarded wood or debris, and
C. The provisions of subsection (d) hereof are met.
(3) In any nonresidential district, a fence or wall of any height may be erected in any portion of the lot provided all portions of the fence are at least one (1) foot from the property line, and the provisions of subsection (d) hereof.
(4) On any corner lot in any district, no fence, hedge, or wall higher than thirty-six inches (36") above the established street grade shall be erected or maintained within the line connecting points on the street lines twenty-five (25) feet from the stop bar at such corner.
(d) Prohibited Fences. In any R District, no person shall erect or maintain any above ground fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall with barbed wire, razor wire, or other exposed cutting points or edges.
(Ord. 27-11. Passed 3-14-11.)
1173.05 TRASH AND GARBAGE CONTROL.
(a) General Requirements. In all zoning districts, methods for the control of trash, garbage and refuse shall comply with the requirements of Chapter 521 and 917 of the Codified Ordinances of the City of Chillicothe. Trash, garbage and refuse shall be stored in container systems that are located and enclosed so as to effectively screen them from view. Such systems shall be secured so as to prevent access by vermin, rodents or others small animals. Such systems shall be designed, constructed and maintained so as to control drainage and offensive odors from the enclosure to adjacent areas on or off site. The disposal of trash and the maintenance of the area shall be the responsibility of the owner of the property.
(b) Special Requirements in HDR District. The Design Review Board shall have the authority to impose additional requirements on trash and garbage control systems in the HDR District. (Ord. 27-11. Passed 3-14-11.)
1173.06 GROUP RESIDENTIAL FACILITIES.
"Group residential facilities" shall be defined and classified in Chapter 1105. A Class I Type B group residential facility, as defined in Chapter 1105, 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 R-MH, RM-1, RM-2 or LC 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 LC District. All group residential facilities shall be subject to the following standards. Any applicant for such use shall provide evidence of methods to ensure future compliance with all of the cited standards.
(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) The facility shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
(f) The facility shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.
(g) The facility 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.
(Ord. 27-11. Passed 3-14-11.)
1173.07 TELECOMMUNICATION TOWERS.
1175.01 PURPOSE.
The purpose of these landscaping requirements is to promote and protect the public health, safety and welfare through the promotion of environmental sustainability by recognizing the vital importance of tree growth as an integral part of the ecological system. It is further the purpose of this Section to specifically encourage the preservation and replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a screen or buffer between particular land uses, and to minimize noise, air and/or visual pollution and artificial light glare. (Ord. 27-11. Passed 3-14-11.)
1175.02 TREE PRESERVATION.
When preparing and reviewing site and/or development plans, preliminary plans and final plats, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas should be laid out to avoid unnecessary destruction of heavily wooded areas or outstanding tree specimens.
(Ord. 27-11. Passed 3-14-11.)
1175.03 LANDSCAPE SCREENING.
(a) Screening in Particular Districts. The development standards for particular districts require the installation of screen or buffer areas of side or rear yards that are adjacent to districts where residences are permitted uses. When required by the specific district development standards, such screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or an acceptable combination of these elements. Such areas shall be a minimum of ten (10) feet wide and contain screening at least seven (7) feet in height at the time of planting except as required by subsection (b) hereof. The use of year-round vegetation, such as pines or evergreens, is encouraged. Landscaped screening shall have at least seventy-five percent (75%) opacity during full foliage.
(b) Maintenance of Shrubbery and Hedges. In any district, no shrubbery, hedge and/or other vegetation shall be planted, in such a manner that any portion of growth extends beyond the property line. The owner or occupant of property on which there is shrubbery, hedges, trees and/or other vegetation located so as to affect the vision of drivers on adjacent streets shall keep such vegetation trimmed to a maximum of thirty (30) inches in height, as measured from the elevation of the center line of the adjacent street, and keep trees trimmed so as to avoid covering or obscuring of traffic visibility or traffic control signals.
(Ord. 27-11. Passed 3-14-11.)
1175.04 LANDSCAPE MATERIALS USED AS BUFFERS.
Landscape materials utilized in meeting requirements of this Section should complement the form of existing trees and plantings, as well as the general design and architecture of the developed area. The type of sun or shade should be considered in selecting plant materials. Artificial plants are prohibited. All landscape materials shall be living plants and shall meet the following requirements:
(a) Deciduous Trees. Trees which normally shed their leaves in the fall, shall be species having an average mature crown spread of greater than fifteen (15) feet and having trunks which can be maintained with over five (5) feet of clear wood in areas where visibility is required, except at vehicular use intersections where the clear wood requirement shall be eight (8) feet. A minimum of ten (10) feet overall height, or a minimum caliper (trunk diameter as measured six inches above the ground) of at least two (2) inches immediately after planting shall be required. Trees of undesirable species, as cited in subsection (b) hereof, are prohibited.
(b) Pursuant to Section 907.06 of the Codified Ordinances, the list of trees suitable for planting along public streets, as approved by the Chillicothe Tree Commission, shall be utilized in meeting the planting and maintenance requirements of this Ordinance.
(c) Evergreen Trees. Evergreen trees shall be a minimum of three (3) feet high with a minimum caliper of one (1) inch immediately after planting.
(d) Shrubs and Hedges. Shrubs shall be planted at least two (2) feet in average height when planted and shall conform to the requirements of this chapter within four (4) years after planting.
(e) Grass or Ground Cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns, and may be sodded or seeded. In swales or similar areas subject to erosion, nets or suitable mulch shall be used; nurse grass shall be sown for immediate protection until complete coverage otherwise is achieved. In certain cases, ground cover consisting of rocks, pebbles, sand or similar materials may be approved.
(Ord. 27-11. Passed 3-14-11.)
1177.01 PURPOSE.
The purpose of these requirements is to encourage the orderly development of off-street parking and loading areas within the City and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.
(Ord. 27-11. Passed 3-14-11.)
1177.02 PROVISION FOR PARKING AND LOADING REQUIRED.
Surfaced off-street parking shall be provided on any lot on which any of the specified uses are hereby established, changed, developed or enlarged or increased in capacity. Off-street loading and/or vehicle storage spaces shall be provided for the handling of materials and products of commercial and industrial uses as specified in this chapter.
(Ord. 27-11. Passed 3-14-11.)
1177.03 GENERAL REQUIREMENTS.
(a) Area and Dimensions - Parking Spaces.
Minimum Width (Measured in Feet Parallel to Aisle) | Minimum Length (Feet) | Maneuvering Lane (Width in Feet) | |
Parallel Parking | 9 | 23 | 12* |
30-53 Degree Angle Parking | 13 | 20 | 15* |
54-74 Degree Angle Parking | 10 | 20 | 20* |
75-90 Degree Angle Parking | 10 | 20 | 22* |
* Additional width may be required by the City Engineer in those cases where a two way maneuvering lane is proposed.
(b) Area and Dimensions - Loading Spaces.
Length | Width | Height Clearance |
40 feet | 12 feet | 15 feet |
(c) Access. All off-street parking areas and loading spaces provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley or to an adjacent parking area. Such access shall be surfaced, sloped and constructed so as to provide adequate drainage and maintained in a manner so that no dust will be produced by continuous use. The design and standards of such access shall be subject to the approval by the City Engineer.
(d) Surfacing. All off-street parking areas shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface. All off-street parking areas located in front yard setbacks, serving other than single-family residences, shall be paved with asphalt, Portland concrete, brick or other similar material.
(e) Landscaping. In order to facilitate the absorption of storm water in parking areas, the following landscaping requirements shall apply:
(1) In any district, a landscaped strip of not less than ten (10) feet in width shall be provided and maintained from the street right-of-way or sidewalk to the building line or perimeter of the parking area, except where not possible because of structures being located on or within ten (10) feet from the right-of-way line. The landscaped strip shall conform to the requirements of Chapter 1175.
(2) In addition to the perimeter landscaping required above, parking areas of twenty (20) or more spaces shall provide maintained landscaped areas on the interior of such parking areas to comprise, at a minimum, five percent (5%) of the total parking area.
(3) Concrete curbs, vehicle wheel stops or similar permanent devices shall be provided within all parking areas to prevent vehicles from encroaching on landscaped areas.
(f) Drainage. All new or redeveloped parking areas having ten (10) or more spaces shall be required to have prepared a plan clearly showing how surface and storm water from the site will be addressed. Such plan shall be submitted with the application for a zoning certificate and shall be subject to approval by the City Engineer.
(g) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to direct light away from any adjoining properties 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.
(h) Location of Parking Spaces. In the LC, DE and IR Districts, required parking and loading spaces shall be provided either on the same lot, or within 300 feet of the principal use which they serve. In all other Districts, required parking and loading spaces shall be provided on the same lot as the principal use which they serve.
(i) Joint Provision of Parking Facilities. Two or more buildings or uses located in the same area may meet parking and loading requirements by the joint provision of parking and loading facilities, provided those facilities are located so as to meet the requirements of subsection (h) hereof, and the number of spaces so provided shall not be less than the sum of required spaces as per Section 1177.04. A written agreement between the parties stating the terms under which the proposed parking shall be developed and maintained shall be filed with the application for a zoning certificate.
(j) Provision of Parking and Loading in the DE District. The Downtown Enterprise District contains small lots and is served by on-street parking. For these reasons, special regulations are warranted. Parking and loading requirements in the DE District shall be subject to the standards of Section 1151.04(e). The layout and design of all parking and loading areas within the DE District shall be subject to approval by the Design Review Board.
(k) Parking Limitations in Residential Districts.
(1) In any R District, no part of any off-street parking area having more than four (4) spaces and located on the same lot as the principal building to which it is accessory shall be located in any front yard or any side yard which abuts a public street, and shall not be located in any other side yard or rear yard unless it is screened and landscaped pursuant to the requirements of Chapter 1175.
(2) In any R District, no part of any off-street parking area having more than four (4) spaces and located on the same lot as the principal building to which it is accessory shall be located closer to any street right-of-way than the minimum depth of the front or side yard required in the district in which the parking area is located. The parking area shall be screened and landscaped on all sides facing residential, school or institutional properties pursuant to the requirements of Chapter 1175.
(3) No part of any off-street parking area having more than four (4) spaces shall be closer than twenty (20) feet to any dwelling, nor closer than five (5) feet to any other building in a residential district, nor closer than five (5) feet to any lot line.
(4) A. In any R District, no commercial vehicle shall be parked or stored in any driveway or on any premises other than a private garage, except for any of the following purposes and during the time reasonably necessary for such purposes:
1. Delivering persons or property to the premises, or
2. Receiving persons or property from the premises, or
3. Rendering services to persons occupying the premises.
B. For the purposes of these requirements a "commercial vehicle" shall mean any motor vehicle or trailer which is used primarily for commercial purposes and not for personal or recreational purposes. Commercial vehicle includes but is not limited to:
1. Any vehicle displaying commercial license plates;
2. Any motor vehicle rated by the manufacturer in excess of 11,500 pounds gross vehicle weight;
3. Any trailer weighing in excess of 3,000 pounds;
4. Any agricultural or construction equipment not designed for or employed in general highway transportation.
A commercial vehicle does not include a vehicle associated with a home occupation pursuant to Section 1173.02, or any vehicle required to respond on any emergency basis for the public health, safety, and welfare.
(l) Parking of Recreational Equipment in Residential Districts. The storage of travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers and similar recreational equipment, commercial trucks and/or inoperable vehicles shall be subject to the following requirements:
(1) Not more than two (2) pieces of recreational equipment, not more than one (1) of which can be a motor home, shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of these regulations, a boat stored on a boat trailer shall be deemed one (1) piece of recreational equipment.
(2) For multi-family dwellings, an area shall be designated for outdoor storage of recreational equipment and shall be limited in area to accommodate no more than one (1) piece of recreational equipment for each fifteen (15) dwelling units.
(3) Recreational equipment shall not be occupied or used for sleeping, housekeeping or business purposes.
(Ord. 27-11. Passed 3-14-11.)
1177.04 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.
Parking spaces shall be provided according to the following Schedule, which is hereby made a part of this Ordinance. If a use consists of more than one (1) component (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. For the purposes of this Ordinance, the floor area of a building shall be defined as in Section 1171.07.
SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES
USE | NUMBER OF REQUIRED SPACES |
A. Residential | |
1. Single, two family or multiple- family dwellings | 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 area. | One (1) for each 300 S.F. of gross floor area. |
2. Food, department, general merchandise, hardware, drugs, or other retail sales, including convenience stores. | One (1) for each 200 S.F. of gross floor area |
3. Eating or drinking establishments without drive-through facilities | One (1) for each 75 S.F. of gross floor area |
4. Eating or drinking establishments with drive-through facilities. | One (1) for each 100 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 200 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. Vehicle service stations, automobile service | Two (2) for each service bay plus one (1) for each employee during the main shift |
9. Medical and dental offices, human clinics | Four (4) for each doctor or dentist |
10. Veterinary clinics, animal hospitals | Three (3) for each doctor |
11. Hotels, bed-and-breakfast establishments | One (1) for each sleeping room plus one (1) for each employee during the main shift |
12. Funeral homes | One (1) for each 50 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 five (5) seats 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 |
5. Libraries, museums, community centers and similar facilities | One for each 400 SF of gross floor area |
6. Civic, social and fraternal organizations | One (1) for each three (3) persons allowed in main meeting room at full capacity |
7. 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 or other assembly halls other than schools | One (1) for each four (4) seats |
5. Indoor recreational facilities in which seating is secondary to the principal use, e.g., roller rinks and similar venues. | One (1) for each three (3) persons allowed in main room/area at full capacity |
(Ord. 27-11. Passed 3-14-11.)
1177.05 REQUIRED NUMBER OF OFF-STREET LOADING SPACES.
Loading spaces shall be provided for retailing, wholesaling, warehousing, processing, hotel, hospital and/or similar uses which require the receipt or distribution, by vehicle, of material or merchandise, according to the following Schedule, which is hereby made a part of this Ordinance.
SCHEDULE OF REQUIRED OFF-STREET LOADING SPACES
BUILDING AREA (SQ. FT.) | NUMBER OF REQUIRED SPACES |
Less than 1,000 square feet | 0 |
1,000 to 4,999 square feet | 1 |
5,000 to 30,000 square feet | 2 |
Over 30,000 square feet | 2 plus 1 for each additional 30,000 square feet or fraction. |
Multiple users on the same site may combine loading spaces with the specific approval of the City Engineer.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1179.01 PURPOSE.
The purpose of these regulations is to encourage the proper development of signs and signage systems so as to:
(a) Prevent signs from becoming a distraction or obstruction to the safe and efficient flow of pedestrian and vehicular traffic,
(b) Prevent signs from having an adverse impact on adjacent properties or uses,
(c) Reduce sign clutter, and
(d) 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 Chillicothe.
(Ord. 27-11. Passed 3-14-11.)
1179.02 DEFINITIONS.
As used in this chapter, 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. Unless otherwise indicated, the term "sign" shall include any support structures.
(b) Other Definitions.
(1) "Awning" means a hood or cover that projects from the wall of a building. An "awning sign" is a sign that is attached to an awning.
(2) "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.
(3) "Billboard" means an off-premises sign that is more than two-hundred (200) square feet in area.
(4) "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.
(5) "Changeable copy sign" means a sign in which the material or message composing the sign, in whole or in part, is manually or mechanically changeable. This definition does not include "digital display signs" or "electronic message boards" as defined below.
(6) "Digital display sign" means a sign which uses digital technology to produce a bright clear image which automatically changes on a programmed interval.
(7) “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.
(8) "Electronic message board" means a sign in which the message, consisting of words, letters, numbers and/or symbols, changes on a programmed interval, using electronic technology, while the background of the sign face remains static. In many cases, the message will scroll or move across the sign face. Time and temperature signs are an example.
(9) "Flashing sign" means a sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
(10) "Freestanding sign" means a sign which is wholly independent of any building for support.
(11) "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.
(12) "Marquee" means an awning that has been constructed primarily so as to support a sign. "Marquee sign" means a sign that is attached or mounted to a marquee.
(13) "Mural" means a large picture or graphic generally free of a written message that is painted or attached directly to an exterior building surface.
(14) "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.
(15) "Permanent sign" means a sign intended to be erected or used, or in fact which is used for time period in excess of thirty (30) days.
(16) "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. "Trailer sign" means a sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved, whether or not the wheels are actually mounted on the chassis.
B. "Illuminated portable sign" means an internally illuminated portable sign similar in design to a trailer sign, but without a chassis or explicit provision for the mounting of wheels.
C. "Folding portable sign" means a sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.
(17) "Projecting sign" means a sign which extends outward perpendicular to the building face.
(18) "Roof sign" means any sign erected upon or completely over the roof of any building.
(19) "Temporary sign" means a sign intended to be used, or in fact used, for a time period of thirty (30) days or less during any consecutive twelve (12) month period.
(20) "Vending machine sign" means a permanent sign installed by the manufacturer on a fuel pump, vending machine, or similar outdoor object.
(21) "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.
(22) "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.
(Ord. 27-11. Passed 3-14-11.)
1179.03 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 and are not of a commercial nature, including but not limited to address and/or name of occupants of the structure, signs on mailboxes or newspaper tubes, signs posted on property related to private parking, and signs warning against trespassing or danger from animals. Signs associated with home occupations 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 tablets and historic designations, provided such signs are less than nine (9) square feet in size.
(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.
(g) Signs or banners not more than six (6) square feet in area associated with an active commercial or business in the DE or RC District indicating "open" or "closed".
(Ord. 27-11. Passed 3-14-11.)
1179.04 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 provisions, the following signs are specifically prohibited:
(a) Banners, streamers, pennants and similar air-activated moving signs used or intended to be used as permanent signs.
(b) Flashing or high intensity lights mounted on a sign or otherwise mounted inside or outside a structure so as to be visible from any adjacent property or roadway.
(c) Any sign that obstructs any part of a doorway, exit, fire escape, or access route.
(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 sign affixed to any utility pole, tree, traffic control signal or sign, public bench or otherwise located within the street right-of-way.
(f) Signs which move or contain elements that are animated to give the perception of movement and which are located within ten (10) feet of the right-of-way of any street or roadway.
(Ord. 27-11. Passed 3-14-11.)
1179.05 SIGN PERMITS AND ADMINISTRATION.
(a) Permit Required. No permanent or temporary sign, except as exempted in Sections 1179.03 or 1179.06 shall hereafter be erected, constructed or maintained within the City of Chillicothe 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 sign or the property upon which the sign is proposed, or his/her agent on forms as provided by the City.
(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 the Zoning Inspector 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 1119.
(Ord. 27-11. Passed 3-14-11.)
1179.06 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 that indicate the sale, auction, 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.
(b) Signs or posters concerning candidates for elective office, public issues and similar matters to be decided by public election. Such signs shall not exceed sixteen (16) square feet in area, shall not be illuminated and 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.
(c) Credit card decals, store hour specifications, "open" or "closed" signs, or similar signs that do not exceed an aggregate area of two (2) square feet.
(d) Joint identification signs, which are less than eight (8) square feet in size and mounted or attached flat or parallel onto a building surface of an administrative, business or professional office building, and 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.
(e) A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign, provided such sign is located on the sale premises for a time period not greater than three (3) 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.
(f) 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.
(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 window signs which promote special business sales, promotions or occasions.
(i) Signs determined by the Board of Zoning Appeals to be similar to those specified in this Section. (Ord. 27-11. Passed 3-14-11.)
1179.07 TEMPORARY SIGNS.
Temporary signs shall be subject to the following general requirements:
(a) The application for a permit for a temporary sign shall include the time period for which the sign is to be displayed, not to exceed thirty (30) days during any consecutive twelve (12) month period. The date the sign is first displayed shall be legibly displayed on the sign. A permit may be renewed for an additional thirty (30) days with the approval of the Board of Zoning Appeals.
(c) Temporary signs shall be constructed of such material that will allow the sign to be maintained in good repair for the period it is to be displayed. Generally, the use of unprotected cardboard or paper products as sign material shall be prohibited, unless it is demonstrated that this standard is met.
(d) Trailer signs and illuminated portable signs are permitted as temporary signs in nonresidential districts on properties having no existing freestanding signs. No trailer sign or illuminated portable sign shall be located within ten (10) feet from any street right-of-way.
(e) Folding portable signs shall be permitted in the DE District if such signs are anchored so as to prevent accidental collapse.
(f) Banners less than twenty (20) square feet in area are permitted as temporary signs, provided such banners are secured to prevent movement which would allow any portion of the banner to extend into the street right-of-way.
(g) Streamers and/or inflatable devices may be permitted as temporary signs.
(h) Temporary portable freestanding changeable copy signs and other portable signs shall be permitted in nonresidential districts.
(Ord. 27-11. Passed 3-14-11.)
1179.08 GENERAL REQUIREMENTS - PERMANENT SIGNS.
Permanent signs shall be subject to the following requirements:
(a) Wall Signs. Wall signs may be erected on any building wall or extension of a building wall which faces a street, parking lot or service drive. Wall signs 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.
(b) Marquee, Canopy and/or Awning Signs. Signs may be painted on an awning area or attached to a canopy, marquee, or roof which projects beyond the building, provided that no part of such sign may extend above the roof line of the canopy or marquee. Canopy or marquee signs shall be a minimum of nine (9) feet above ground level. If a marquee, canopy or awning sign consist of two (2) faces facing two (2) directions and each face having the same message, it shall be considered as one (1) sign.
(c) Projecting Signs. Projecting signs shall not exceed eight (8) 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.
(d) Freestanding Signs. The location, height and other characteristics of freestanding signs must meet the requirements of this chapter. No portion of any freestanding sign shall be erected over the street right-of-way.
(e) Roof Signs. Roof signs shall be allowed in the GC, RC and DE Districts, subject to approval by the Board of Zoning Appeals. Notwithstanding the requirements of subsection (l)(12) hereof, such sign shall be allowed in lieu of all freestanding, wall or projecting signs otherwise allowed. In addition, such sign shall be constructed to appear as an integral part of the supporting building, shall not project beyond the vertical boundaries of the wall with which it is associated, and shall not exceed a total of 100 square feet for all of its faces.
(f) Permanent Window Signs. Permanent window signs shall be limited to signs denoting the identification of the occupant, the address of the premises, and/or not more than one (1) logo for the product or services offered. The total area of all permanent window signs shall not exceed thirty-three percent (33%) of the total area of the window.
(g) Off-Premises Signs. Off-premises signs, not including billboards, shall be considered as an accessory use in all nonresidential districts. 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 yard, setback and height restrictions for structures in the zoning district where they are located.
(h) Digital Display Signs. Digital display signs shall be considered a conditional use in the GC, RC and IP Districts and shall require specific approval of the Planning Commission. Digital display signs shall be allowed only on properties having direct frontage on federal highways as designated on the primary system as designated by the Ohio Department of Transportation (ODOT). Digital display signs which are also billboards shall meet the requirements of subsection (i) hereof. The above requirements shall apply to any existing billboard which is proposed to be converted to a digital display sign.
(i) Billboards. Billboards shall be considered as a conditional use in the GC, RC and IP Districts, and shall require specific approval of the Planning Commission. Billboards shall be allowed only on properties having direct frontage on federal highways designated as on the primary system as designated by the Ohio Department of Transportation (ODOT). The erection of all billboards shall comply with all federal and state requirements. In addition, all billboards shall comply with the following:
(1) Not more than one (1) billboard shall be allowed on any single property existing as of the effective date of this amendment.
(2) All billboards shall be no greater than forty-five (45) feet in height.
(3) The maximum display area for any billboard shall not exceed 300 square feet per side.
(4) Billboards shall not be located within 200 feet from the right-of-way of the highway, within 1,500 feet from any residence or district where single-family residences are a permitted use, within twenty (20) feet from any property line or within fifty (50) feet from any building. No billboard shall be erected within 1,000 feet from any other billboard.
(5) Nothing in this Ordinance shall prohibit the changing or alteration of the display surface of any otherwise lawful billboard, provided that the changing or conversion of an existing billboard to a digital display sign shall be subject to the requirements of this section.
(j) Electronic Message Boards. Electronic message boards, shall be considered as a conditional use in the GC, RC and IP Districts, and shall require specific approval of the Planning Commission. Such signs shall be located only along federal or state routes designated as arterial streets or thoroughfares.
(k) Vending Machine Signs. For the purposes of this chapter, vending machines with attached signs shall be treated as permanent signs. Vending machine signs shall not be included in the number of permitted signs pursuant to subsection (l)(12) hereof; however, vending machine signs shall meet the requirements for illuminated signs in subsection (l)(1) hereof. In addition, if a vending machine sign is located on a lot adjacent to any single-family residence, such sign shall be positioned or shielded so as not to be visible from such residence. (Ord. 27-11. Passed 3-14-11.)
(l) General Requirements.
(1) Illumination. Illuminated signs shall be permitted only in the RC, RO, LC, GC, DE, GI, IR and IP 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, except for electronic message boards as otherwise set forth in subsection (j) hereof. Illuminated signs 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.
(Ord. 59-18. Passed 7-23-18.)
(2) Pennants and/or Streamers. No permanent sign shall contain or consist of banners, pennants, ribbons, streamers, balloons or similar devices.
(3) 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 and approval by the City.
(4) Location. No part of any sign shall be placed in, over, or extend onto any public right-of-way, except as otherwise set forth in subsection (l)(8) hereof.
(5) Changeable Copy Signs. Changeable copy signs shall be permitted in the LC, GC, RC, and GI Districts. The number, height and area of changeable copy signs shall be determined by the structural type of the sign, e.g., freestanding, wall, projecting, etc. as cited elsewhere in these regulations. The light and/or perceived movement from such sign shall not be of such intensity to constitute a safety hazard to vehicular traffic or shine directly on any residential property.
(6) Permanent Subdivision Identification Signs. Permanent subdivision identification 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 signs shall be not more than five (5) feet in height and shall be set back at least twenty (20) feet from the right-of-way of any street.
(7) Joint Identification Signs. Joint identification signs shall be permitted in the RO, LC, GC, RC, GI, IR, IP and PUD Districts. Pursuant to Section 1179.06(d), one (1) joint identification sign of not more than eight (8) square feet in area may be permitted without a sign permit. All additional joint identification signs shall be limited to wall or freestanding signs, and to premises where there are two (2) or more uses located on one (1) property (e.g., a shopping center) or two (2) adjoining properties on one (1) public street or at the corner of two (2) public streets. If the property fronts on one (1) public street, only one (1) joint identification sign is permitted. If the property fronts on two (2) public streets, two (2) joint identification signs shall be permitted. Each joint identification sign shall not exceed fifty (50) square feet in area and fifteen (15) feet in height in the GC, GI, IR or IP Districts, and not more than twenty (20) square feet in area and eight (8) feet in height in any other district where such signs are permitted.
(8) Signs in DE District. Notwithstanding the other provisions of this Ordinance, a sign within the DE District may extend into the right-of-way, provided the applicant demonstrates that, due to characteristics of the lot and building, the erection of an alternative sign outside the right-of-way is not feasible. In addition, the applicant shall obtain a revocable permit for such encroachment from the City and shall certify that the sign shall be subject to subsequent removal at the owner's expense, if so required by the Ohio Department of Transportation (ODOT) or the City for purposes of public safety.
(9) Murals. Murals shall be allowed as a conditional use within the DE District, subject to approval by the Historic Design Review Board. Murals in other nonresidential districts require specific approval by the Board of Zoning Appeals. In such cases the Board of Zoning Appeals shall seek the recommendation by the Historic Design Review Board, although the final action of the Board of Zoning Appeals shall not be bound by such recommendation.
(10) Signs in PUD District. Signs in the PUD 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.
(11) Signs in the Design Review District(s). All permanent signs in the Historic Design Review District as designated by the City shall be subject to additional standards and approval by the Historic Design Review Board.
(12) Schedule of Sign Regulations. The Schedule of Sign Regulations as follows on TABLE I is hereby made a part of this Ordinance.
SECTION 1179.08 K 12 / TABLE I
PERMITTED NUMBER AND STRUCTURAL TYPE OF SIGNS
(PERMANENT ON-PREMISES SIGNS)
USE/DISTRICT | PERMITTED SIGN TYPES | MAXIMUM NUMBER OF SIGNS |
Residential | ||
Subdivision Identification Sign in all districts | Wall, freestanding (4 total) | 2 per entry |
Two- and Multi-Family Dwellings in all districts | Wall, freestanding | 1 |
Nursery Schools, Day Care in all districts | Wall, freestanding | 1 per frontage |
Commercial/Office/Institutional | ||
Schools, churches, and other public facilities in all districts | Wall, freestanding window | 1 per frontage |
Buildings housing Essential Services and similar public facilities | Wall, freestanding | 1 per frontage |
Permitted/conditional uses in RO District | Wall, freestanding | 1 per frontage |
Permitted/conditional uses in the LC District | Wall, freestanding, window | 2 per frontage (only one freestanding) |
Business/professional offices in the DE District | Wall, window, awning, marquee, projecting, canopy | 2 per frontage (only one freestanding) |
Other commercial uses in the DE District | Wall, window, awning, marquee, projecting canopy | 2 per frontage (only one freestanding) |
Permitted/conditional uses in the GC and RC Districts | Wall, freestanding, awning, window, projecting, canopy | 2 per frontage (only one freestanding) |
Industrial | ||
Permitted/conditional uses in the GI, IR and IP Districts | Wall, freestanding, window | 2 per frontage |
USE/DISTRICT | MAXIMUM SIGN AREA (SQ. FT.) | MAXIMUM HEIGHT (FEET) | MINIMUM DISTANCE FR. R.O.W.* |
Residential | |||
Subdivision Identification Sign | 20 | 5 | 20 |
Two-and Multi-Family Dwellings in all districts | 20 | 10 | 15 |
Nursery Schools, Day Care in all districts | 10 | 15 (wall) 6 (freestanding) | 10 |
Commercial/Office/Institutional | |||
Schools, churches, and other public facilities in all districts | 40 (all signs) 30 per sign | 20 (wall) 10 (freestanding) | 10 |
Buildings housing Essential Services and similar public facilities | 40 (all signs) 30 per sign | 15 (wall) 10 (freestanding) | 15 |
Permitted/conditional uses in RO District | 20 | 15 (wall) 6 (freestanding) | 10 |
Permitted/conditional uses in the LC District | 40 (all signs) | 15 (wall) 10 (freestanding) | 10 |
Business/professional offices in the DE District | 20 (all signs) | 20 (wall) 10 (freestanding) | - |
Other commercial uses in the DE District | 60 (all signs) | 20 (wall) 10 (freestanding) | - |
Permitted/conditional uses in the GC District | 1 per lineal foot of bldg. frontage; 100 S.F. maximum all signs | 25 (freestanding) 20 (other types) | 20 |
Permitted/conditional uses in the RC District | 1.5 per lineal foot of bldg. frontage; 300 S.F. maximum all signs | 30 (freestanding) 25 (other types) | 40 |
Industrial | |||
Permitted/conditional uses in the GI, IR and IP Districts | 1 per lineal foot of bldg. frontage; 100 S.F. maximum all signs | 15 (freestanding) 20 (other types) | |
* Distance from R.O.W. applicable to freestanding signs only
NOTES / TABLE I:
(a) For the purposes of calculating the number of permitted signs, "frontage" shall be interpreted as frontage on a publicly dedicated and improved street.
(b) Plans for signage in the SU and PUD Districts must be submitted with the required Development Plan; the Planning Commission may impose additional requirements.
(c) In all districts where so permitted, uses having drive-through facilities shall submit a specific site plan for signage, showing the type, size and location of all permanent signs, including directional signs and menu boards. Such site plan shall be subject to review by the Board of Zoning Appeals and shall be specifically approved prior to issuance of a zoning certificate. In evaluating such site plan, the Board of Zoning Appeals shall utilize the standards of this chapter.
(e) Not more than one (1) sign per business per street frontage in any district shall be a freestanding sign.
(f) Buildings or single developments with multiple business occupants sharing a common entrance from the street, i.e., shopping centers, shall be permitted one (1) joint identification sign in addition to signage permitted above. If such sign is a freestanding sign, no individual business within such center shall use a separate freestanding sign. Such joint identification sign shall meet the requirements of subsection (l)(7) hereof.
(g) In addition to the designated number of permitted signs, nonresidential uses along arterial or collector highways within the GC, RC and IP Districts shall be allowed a maximum of two (2) directional signs, each not exceeding two (2) square feet in area. Such directional signs shall clearly be for the purpose of designating entrances and/or exits and directing customers to the internal circulation network on the site.
(h) In the GC District, if the distance from the right-of-way to existing freestanding signs of the four (4) most proximate properties is less than twenty (20) feet, the applicant for a freestanding sign may construct one (1) such sign at the least of these distances.
(i) Freestanding signs in the RC District and within 1,000 feet from a limited access highway interchange shall be permitted increased height and size as follows:
(j) The maximum area of the freestanding sign shall be 200 square feet. Such area shall be in addition to the maximum sign area in the RC District as specified in TABLE I. The maximum height of such freestanding sign shall be sixty (60) feet.
(Ord. 27-11. Passed 3-14-11.)
1179.09 MEASUREMENT OF SIGNS.
For the purposes of this chapter, the measurement of sign area shall comply with the following standards:
(a) Sign area shall include the face of all the display area of the sign not including bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the design.
(b) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign, unless one of the following exceptions apply:
(1) Two (2) display faces join back-to-back and parallel to each other and not more than twelve inches (12") apart.
In such cases, the area of the sign shall be considered as one (1) of the two (2) sign faces.
(c) For spherical signs, the sphere shall be bisected by an imaginary line through the center of the sphere, and the surface area of the half sphere shall be counted as the sign face. For multifaceted signs, the area of all display faces shall be included in determining the area of the sign.
(d) The area of the letters, numbers or emblems mounted directly on a building wall or wall extension shall be computed by enclosing the entire word or words formed by such letters, numbers or emblems with the smallest single continuous perimeter consisting of rectangular or series of rectangles, and determining the area within such perimeter.
(e) The height of the sign shall be measured from the average (mean) elevation of the ground within fifty (50) feet in any direction from the point which the base of the sign meets the ground, to the highest point on the sign.
(Ord. 27-11. Passed 3-14-11.)
1179.10 NONCONFORMING SIGNS.
(a) Continuance of Existing Signs. Except as otherwise provided below, nothing in this chapter shall require the removal or discontinuance of an existing sign as of the effective date of this Ordinance.
(b) Abandonment. The continuance of an existing sign which does not meet the regulations and requirements of this chapter shall be deemed a nonconforming sign which shall terminate by abandonment when any of the following conditions exist:
(1) When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 120 consecutive days. Seasonal businesses are exempt from this requirement.
(2) When the sign, together with all supports, braces, guys and anchors is not maintained in a proper state of repair and/or the immediately surrounding premises is not maintained by the owner, or his agent, in a clean, sanitary and inoffensive condition, free from all obnoxious substances, rubbish and weeds.
Upon finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.
(c) Relocation or Replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this chapter. Should any replacement or relocation occur without being brought into compliance, the sign shall be subject to removal.
(d) Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
(1) 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.
(2) 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 ninety (90) days.
(Ord. 27-11. Passed 3-14-11.)
1179.11 INSPECTION AND REMOVAL.
Notwithstanding the provisions of this chapter, if any existing sign is found, upon inspection, to constitute a hazard to public safety, such sign shall be subject to immediate removal by order of the City, with the costs associated with such removal assessed to the owner of the property. (Ord. 27-11. Passed 3-14-11.)
1179.12 APPEALS AND VARIANCES.
Variances to this chapter may be granted pursuant to the procedures and policies set forth in Chapter 1119. (Ord. 27-11. Passed 3-14-11.)
1179.13 REMEDIES.
In the event any sign is erected, constructed, reconstructed, altered, repaired, or maintained contrary to and in violation with any of the provisions of this chapter, then, in addition to and not in lieu of other action as may be provided in this chapter, the Mayor, or other proper authority of the City, may institute injunction, mandamus or other legal proceedings as may be necessary to abate such violation and/or to cause the removal of any sign which fails to conform to the provisions of this chapter.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1179.99 PENALTY.
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 Chapter 1123.
(Ord. 27-11. Passed 3-14-11.)
1181.01 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 section 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.
(Ord. 27-11. Passed 3-14-11.)
(Ord. 27-11. Passed 3-14-11.)
1181.02 DEFINITIONS.
(a) "Adult Entertainment Facility" means any establishment which is involved in one or more of the following listed categories.
(1) "Adult Book Store" means an establishment which utilizes ten percent (10%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or 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, and/or instruments devices or paraphernalia that are designed for or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.
“Adult bookstore" shall include any commercial establishment as defined in Section 2907.38 of the Ohio Revised Code. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be characterized as an adult bookstore, adult novelty store or adult video store. The existence of such other principal business purposes does not exempt an establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.
(2) "Adult Motion Picture" means a facility for the display of motion pictures which is regularly used or utilizes ten percent (10%) 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 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.
Unless specifically stated otherwise, an adult entertainment facility shall include a "sexually-oriented business" and related definitions in Sections 2907.39 and 2907.40 of the Ohio Revised Code, as may be amended.
(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, of 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.
For the purposes of this Zoning Code, "specified sexual activities" shall include any other specific sexual activities as specified in Section 2907.40 of the Ohio Revised Code, as may be amended.
(c) "Specified Anatomical Areas" means 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.
(Ord. 27-11. Passed 3-14-11.)
1181.03 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.
(Ord. 27-11. Passed 3-14-11.)
1181.04 LOCATION.
Adult Entertainment Facilities shall be considered a conditional use in the GI District, and are 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 day care center.
(e) No adult entertainment facility shall be established within a radius of 1,500 feet from any building or structure owned or occupied by a governmental entity.
(f) No adult entertainment facility shall be established within a radius of 1,500 feet of any permanently established place of religious services attended by persons under 18 years of age.
(g) No adult entertainment facility shall be established within a radius of 1,500 feet of any other adult entertainment facility.
(h) 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.
(i) All building openings, entries, and windows 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.
(j) 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. (Ord. 27-11. Passed 3-14-11.)