Off-street parking regulations are established in order to protect residential neighborhoods from on-street parking; to promote the general convenience, welfare and prosperity of commercial developments; and to relieve congestion so the streets can be utilized more fully for movement of vehicular traffic. The off-street parking regulations also work to minimize the negative impacts that result from large expanses of paved parking areas and encourage alternate modes of transportation, including walking, biking and public transportation. Therefore, accessory off-street parking shall be provided as a condition precedent to the occupancy or use of any building, structure or land, and at any time a building, structure or use of land is enlarged, expanded, increased in capacity or use, in conformance with the following provisions.

(Ord. 20-2012. Passed 5-21-12.)

   Parking spaces within parking lots or structures may be installed with electric automobile charging stations, including models that charge by solar energy. Such spaces must be accessible to the public and clearly designated as charging stations. Such spaces count toward parking requirements. (Ord. 20-2012. Passed 5-21-12.)

   The required number of off-street parking spaces for each facility or use shall be determined by application of the standards noted in Schedule 1161.03. For a use not specified in Schedule 1161.03, the Planning Commission shall apply the standard for a specified use which the Commission determines to be most similar to the proposed use.

   (b)   Location of Bicycle Parking Spaces.

      (1)   The bicycle parking area must be convenient to building entrances and street access, but may not interfere with normal pedestrian and vehicle traffic. For passive security purposes, the bike parking shall be well-lit and clearly visible to building occupants or clearly visible from the public street.

      (2)   Bicyclists must not be required to travel over stairs or other obstacles to access bicycle parking.

      (3)   All required bicycle spaces must be located on the same lot as the use or within fifty (50) feet of the lot when on private property. The property owner may also make suitable arrangement with the City to place bike parking spaces in the public right-of-way. Parking in the public right-of-way must be within fifty (50) feet of the zoning lot.

      (4)   Short-term bicycle parking spaces must be located no more than fifty (50) feet from the principal building entrance and at the same grade as the sidewalk or an accessible route.

      (5)   Long-term bicycle parking spaces must be located in a covered area that is easily accessible from the public-right-of-way and building entrances. The area must comply with one (1) of the following secure locations:

         (i)    Enclosed in a locked room.

         (ii)   Enclosed by a fence with a locked gate.

         (iii)   Located within view or within one-hundred (100) feet of an attendant or security guard.

         (iv)   Located in an area that is monitored by a security camera.

         (v)   Located in an area that is visible from employee work areas.

      (6)   Required bicycle parking for residential uses may be provided in garages, storage rooms and other resident-accessible, secure areas. Space within dwelling units or on balconies are not counted toward satisfying bicycle parking requirements.

   (c)   Design of Bicycle Parking Spaces.

      (1)   Required bicycle spaces must have a minimum dimension of two (2) feet in width by six (6) feet in length, with a minimum overhead vertical clearance of seven (7) feet. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least (five) 5 feet wide between each row of bicycle parking to allow room for bicycle maneuvering.

      (2)   The area devoted to bicycle parking must be surfaced as required for vehicle parking areas.

      (3)   All long-term bicycle parking spaces must be covered, which can be achieved through use of an existing overhang or covered walkway, weatherproof outdoor bicycle lockers or an indoor storage area. Where bicycle parking is not located within a building or locker, the cover design must be of permanent construction, designed to protect bicycles from rainfall and with a minimum overhead vertical clearance of seven (7) feet.

      (4)    Bicycle parking facilities must provide lockable enclosed lockers or racks, or similar structures, where the bicycle may be locked by the user. Racks must support the bicycle in a stable position. Structures that require a user-supplied locking device must be designed to easily allow a high-security U-shaped lock to secure the bike frame and one (1) wheel while both wheels are still on the frame's brackets. All lockers and racks must be securely anchored to the ground or a structure to prevent the racks and lockers from being removed from the location.

      (5)   If required bicycle parking facilities are not visible from the public street or principal building entrance, signs must be posted indicating their location.

   (a)   Institutions, theaters and similar uses may make arrangements with banks, offices, retail stores and similar uses that are not normally open, used or operated during the same hours to share parking facilities, provided not more than fifty percent (50%) of the required parking spaces are shared.

   (b)   Off-street parking spaces for separate uses may be provided collectively if the aggregate number of spaces provided is not less than the sum of the spaces required in Schedule 1161.04(b): Collective Parking Calculation. Schedule 1161.04(b) is applied in the following manner:

      (1)   The required number of spaces for each use is calculated according to Schedule 1161.03.

      (2)   The required number of spaces for each use is then applied to the percentages for each time, according to the appropriate land use category in Schedule 1161.04(b) to determine the number of required spaces. This is done for each time category.

      (3)   The numbers are summed for all land uses within each timeframe and the highest sum total in a timeframe is the required number of spaces.

   Whenever the parking requirements based on functions and uses, and application of the standards specified in Schedule 1161.03 can be shown by the applicant to result in an excessive number of parking spaces and that a lesser number of spaces is appropriate and consistent with these regulations, the Planning Commission may approve a reduction in required spaces, as a conditional use according to the procedures set forth in Section 1115.08 and the criteria established in Section 1151.02.

(Ord. 20-2012. Passed 5-21-12.)

   The following vehicle parking space maximums are applicable to all surface parking lots for multiple family, non-residential, and mixed-use development uses:

   (a)   Surface parking areas may not exceed one-hundred and twenty-five percent (125%) of the required minimum number of vehicle parking spaces. Parking spaces designated for car-share facilities are not counted toward the maximum number of parking spaces.

   (b)   For surface parking areas that require a minimum of thirty (30) or more spaces, when the minimum number of vehicle spaces required by Schedule 1161.03 is exceeded, the area used for additional spaces must be paved with a semi-pervious material, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete. The area designated for semi-pervious parking shall be located at the perimeter of the parking lot, and if possible, remote or furthest removed from the principal building.

   (c)   Existing surface parking areas that exceed the parking maximums must come into conformance with the maximum number of parking spaces when the following occurs:

      (1)   A new principal building is constructed on the site.

      (2)   Over fifty percent (50%) of the total area of an existing parking lot is rebuilt.

   (d)   When surface parking areas exceed the number of spaces permitted by this section and are required to come into conformance, the excess spaces must be converted into any combination of the following:

      (1)    The spaces are landscaped, as required by this Zoning Code.

      (2)   Subject to administrative review, existing excess spaces may be designated as car share spaces. If the excess spaces are to be used as car share spaces, the property owner must submit evidence of an arrangement with a car share program. If no longer used as car share spaces, those spaces must be converted into landscape, as required by this Zoning Code.

      (3)   Subject to administrative review, existing excess spaces may be converted to bicycle parking spaces. If no longer used as bicycle spaces, those spaces must be converted into landscape, as required by this Zoning Code.

         (Ord. 025-2023. Passed 6-5-23.)

   Land banking allows for designating a portion of land on a site that would be required for parking to be held and preserved as landscape, rather than constructed as parking. The Zoning Administrator may permit land banking of up to thirty percent (30%) of the required parking spaces, subject to the following:

   (a)    Evidence is provided by the applicant that supports the reduced parking needs.

   (b)   The area proposed for land banking of parking spaces must be an area suitable for parking at a future time.

   (c)   Landscaping of the land banked area must be in full compliance with this Zoning Code and, at a minimum, landscaped with turf or live groundcover.

   (d)   The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership.

   (e)   As part of the site plan review process, the applicant must show the area to be banked on the site plan and marked as "Land Banked Future Parking."

   (f)   The Zoning Administrator, on the basis of increased parking demand for the use, may require the conversion of all or part of the land banked area to off-street parking spaces. (Ord. 025-2023. Passed 6-5-23.)

   (a)   A car-share facility is a membership-based car-sharing service that provides automobile rental to members, billable by the hour or day. Car-sharing is not considered a motor vehicle rental establishment.

   (b)   Spaces within all surface parking lots and parking structures must be clearly designated as assigned parking spaces for car-share facilities.

   (c)   No space required for a use in the parking area may be used as a car-share space; car-share spaces are in addition to those required by a use, with the following exceptions:

      (1)   Parking spaces designated for car-share facilities are not counted toward the maximum number of parking spaces.

   Establishments which by their nature create lines of customers waiting to be served within automobiles shall provide off-street waiting areas, on the same lot as the use, in addition to the required number of parking spaces specified in Schedule 1161.03, in accordance with the following requirements:

   (a)   Commercial establishments such as banks, drive-thru restaurants, automatic car wash facilities and other similar facilities with service windows or service entrances shall provide a minimum of ten (10) waiting spaces, but not less than five (5) spaces per window or entrance when there are two (2) or more windows or entrances.

   (b)   Self-serve car wash facilities shall provide no fewer than two (2) waiting spaces per stall.

   (c)   Gasoline stations shall provide no fewer than two (2) waiting spaces per accessible side of a gasoline pump island.

   (d)   In any case, there shall not be within the public right of way vehicles waiting for service at such drive-in or drive-thru facilities.

      (Ord. 20-2012. Passed 5-21-12.)

   Off-street loading spaces shall be provided and maintained on the same zoning lot with the building as necessary to meet the needs of the principal use. The location of off-street loading spaces shall be regulated according to the following:

   (a)   Streets, sidewalks, alleys or other public rights of way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.

   (b)   No part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes.

      (Ord. 20-2012. Passed 5-21-12.)

   (a)   Adjacent non-residential uses that possess dedicated parking areas are encouraged to provide joint use driveways and cross-access easements to allow circulation between sites. Property owners are encouraged to pursue agreements with neighboring property owners prior to submittal of required permits and approvals. If joint use driveways and cross-access easements will be provided, the property owner must provide proof that adjacent property owners have been contacted in writing. (See Figure 1161.10(a): Joint Use Driveways and Cross-Access Easements)

   (b)   Joint use driveways and cross-access easements must incorporate the following:

      (1)   A travel aisle and driveway width of twenty-four (24) feet to ensure two-way travel aisles to accommodate automobiles, service vehicles and loading vehicles.

      (2)   Bump-outs and other design features to make it visually obvious that the abutting properties are tied together.

      (3)   A unified access and circulation plan for shared parking areas.

   (c)   Pursuant to this section, property owners who establish cross-access easements must record an easement allowing cross-access to and from properties served by the joint use driveways and cross-access easement. (Ord. 105-2017. Passed 1-16-18.)

(Ord. 025-2023. Passed 6-5-23; Ord. 010-2025. Passed 2-18-25.)

   Compact spaces are permitted subject to the following:

   (a)   A maximum of ten percent (10%) of the spaces in any parking facility may be designated and labeled as compact car spaces.

   (b)   A compact car parking space must be designated with a sign.

      (Ord. 20-2012. Passed 5-21-12.)

   All off-street parking and loading facilities including entrances, exits, maneuvering areas, waiting areas, and parking and loading spaces shall be in accordance with the following standards and specifications.

   (a)   Parking Space Dimensions. Each off-street parking space, open or enclosed, shall measure at least nine (9) feet by twenty (20) feet. Compact parking spaces measuring at least seven feet six inches (7' 6") by sixteen (16) feet are permitted as regulated in Section 1161.107 .

   (b)   Waiting Space Dimensions. Each off-street waiting space for a drive-thru or drive-in facility shall have an area not less than 160 square feet (measuring eight (8) feet by twenty (20) feet).

   (c)   Circulation Aisles. The maximum width for a two-way circulation aisle shall be twenty-four (24) feet and the minimum width for a circulation aisle shall be:

      (1)   Twenty-two (22) feet for 90 degrees or perpendicular parking;

      (2)   Eighteen (18) feet for 60 degrees parking;

      (3)   Thirteen (13) feet for 45 degrees parking.

   (c1)   Access drives. There shall be adequate provision for ingress and egress to all           parking and loading spaces. Access drives shall be provided as follows:

      (1)   Each zoning lot shall be permitted one (1) entrance and one (1) exit per     street frontage.

      (2)   The width of an access drive measured at the front lot line shall not be less than eleven (11) feet per lane nor greater than twelve (12) feet per lane    and shall have a total width no greater than thirty-six (36) feet.

      (3)   An access drive shall be located no closer than ten (10) feet to a residential district and the resulting adjacent open area shall be properly landscaped     and maintained in accordance with the standards in Section 1166.07.

   (d)   Paving. All required spaces, together with driveways, aprons, parking pads, other circulation aisles and access sidewalks, both public and private, shall be surfaced as follows:

      (1)   Parking lots and circulation aisles for parking lots: Concrete not less than six (6) inches in thickness, or with bituminous surface not less than three (3) inches in depth on top of a compacted crushed stone base not less than six (6) inches in depth. Paving with semi-pervious materials (e.g. permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete) that are able to withstand vehicular traffic or other heavy-impact uses are permitted in accordance with Paragraph (4) below. Surfaces in areas designated as accessible parking and/or accessible pedestrian paths shall meet all applicable federal and state standards.

      (2)   Aprons: Concrete not less than six (6) inches in thickness for residential aprons and concrete not less than eight (8) inches in thickness for commercial aprons.

      (3)   Driveways: Concrete not less than four (4) inches in thickness, or with bituminous surface not less than four (4) inches thick consisting of two (2) inches of compacted #301 binder course and two (2) inches of compacted #404 surface course over a four (4) inch compacted aggregate base or paving with semi-pervious materials that are able to withstand vehicular traffic or other heavy-impact uses is permitted (e.g. permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete).

      (3a)   Parking pads: Rear yard parking pads may be constructed of gravel subject to rear yard coverage and setback provisions and shall be designed and maintained to prevent displacement of gravel.   

      (4)   Alternative paving materials: Semi-pervious materials, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete shall permit natural percolation of water and be installed and maintained in accordance with industry and manufacturer's standards and the following:

         A.   The manufacturer's specifications are applicable to the subject property's particular soil type and slope (gradient) so that vehicles are supported without rutting and water percolation is achieved.

         B.   Semi-pervious parking areas must allow stormwater to percolate into the ground at a rate sufficient to accommodate the five-year, 24-hour storm event.

         C.   The City may inspect the semi-pervious parking areas as needed. If maintenance is required, the owner may be required to submit to the City documentation of the removal of visible surface sediment accumulations, and/or test results of infiltration rate through the pervious concrete and sub-grade soils system.

         D.   For non-residential uses, if only a portion of the parking area is designated for semi-pervious materials, the area designated for semi-pervious parking shall be located at the perimeter of the parking lot, and if possible, remote or furthest removed from the principal building.

      (5)   Sidewalks, both public and private: Concrete not less than four (4) inches in thickness, or an equivalent stone material. Sidewalks on private property may be constructed of alternative paving materials described in Section 1161.11(d)(4).

   (e)   Drainage. All required spaces, together with driveways and other circulation aisles, shall have adequate provision for underdrainage and for the disposal of stormwater, so that water shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk.

   (f)   Curbs and Curb Inlets. Unless a curb-stop and associated stormwater management is provided, a concrete or stone curb at least six (6) inches high shall be installed and maintained along the perimeter of a parking or loading area in accordance with the following:

      (1)   When abutting a landscaped area;

      (2)   When located in the front yard;

      (3)   When a commercial or public parking lot is located adjacent to a residential district.

      (4)   Curb inlets are required to allow water to flow into the landscape areas as permitted by site grading.

   (g)   Marking. The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surfacing.

   (h)   Screening. Screening and landscaping of parking areas shall be provided pursuant to Sections 1166.06 and 1166.10.

   (i)   Signs. Signs shall be provided in accordance with Chapter 1163.

   The following principles shall control the computation of sign area and sign height.

   (a)   Determining Sign Area or Dimension.

      (1)   For a sign which is framed, outlined, painted and otherwise prepared and intended to provide a background for a sign display, the area shall include the entire portion within the outside dimensions of the background or frame.

      (2)   For a sign comprised of individual letters, figures, or elements on a wall or similar surface, or an irregularly shaped freestanding or projecting sign, the area of the sign shall encompass a regular geometric shape or a combination of regular geometric shapes which form, or approximate, the perimeter of all the elements in the display. When separate elements are organized to form a single sign but the elements are separated by open space, the area shall be calculated by determining the geometric form or combination of forms which comprise all the display area including the space between the elements.

      (3)   The sign area shall include the frame, but shall not include the pole or other necessary structural support unless such pole or structural support is illuminated or otherwise so designated to constitute a display surface or device.

      (4)   A freestanding sign shall have no more than two (2) display surfaces provided that the two (2) display surfaces are arranged back-to-back, and not more than twelve (12) inches from each other. Each display surface shall be considered a sign face.

   (b)   Determining Sign Height. The height of a freestanding sign in a commercial district shall be measured from the grade at the nearest right-of-way line to the top of the highest element. The height of a temporary freestanding sign in a residential district shall be measured from the grade at the base of the signpost to the top of the highest element.

   (c)   Determining Building Frontage. The length of the building which faces the principal street or the length of the wall of the building which contains the main entrance to the uses therein shall be considered the building frontage.

      (1)   In the case of an irregular wall surface, a straight line extended along such wall surface shall be used to measure the length.

      (2)   Only one (1) exterior wall of any business shall be considered its frontage.

      (3)   For multi-tenant buildings, the portion of a building which is owned or leased by a single tenant shall be considered a building unit.

      (4)   The length of a building unit is that portion of the building so occupied by a single activity and calculated in the same manner as the building frontage.

   (d)   Determining Window Area. The window area of a building shall be the total glass area of windows on the first floor of the wall of the building facing a public street, provided that for the purposes of these regulations, the height of windows on the first floor shall be that portion of the window within fifteen (15) feet of the grade. A window panel shall be the area of glass separated from another window panel by an opaque panel four (4) or more inches wide.

   (e)   Determining Allowable Identification Sign Area.

      (1)   The maximum area for identification signs in commercial and special districts and conditional uses, as specified in Sections 1163.04 and 1163.06, shall include the sum of the areas of the following signs except when exempt as specified in subsection (e)(2) hereof:

         A.   Identification signs, whether awning, wall, window or marquee;

         B.   Instructional signs;

         C.   Nameplates; and

         D.   Permanent window signs.

      (2)   The following signs are exempt from being included in the maximum allowable area for identification signs: Instructional signs which are clearly intended for instructional purposes and are no greater than ten (10) square feet.

      (3)   The following signs are permitted in addition to the gross allowable areas specified by Section 1163.04 and bonuses allowed by Section 1163.06 unless otherwise regulated in this Zoning Code:

         A.   Building markers;

         B.   Public purpose/safety signs;

         C.   Construction sign;

         D.   Directional signs.

            (Ord. 20-2012. Passed 5-21-21.)

   Signs as permitted in the respective zoning districts shall conform to the maximum area requirements in Schedule 1163.04 unless regulations are otherwise specified in this Zoning Code.

(Ord. 20-2012. Passed 5-21-12.)

Schedule 1163.04
MAXIMUM SIGN AREA REGULATIONS
(Maximum Areas in Square Feet)

 

N.A. = Not Applicable.

N.P. = Not Permitted.

(a)   These standards shall also apply to multiple-family developments in commercial or special districts.

(b)   One (1) per dwelling unit for a single-family or two-family dwelling, or address for a multiple-family dwelling, institution, or business.

(c)   One (1) per institution. Maximum sign area permitted per face. Single faced and two- faced freestanding signs shall be permitted. See also Section 1163.06(b).

(d)   The maximum permitted area for institutional identification signs for conditionally permitted institutional uses in a commercial or special district is one (1) square foot for each lineal foot of building frontage. Each face of a two-faced freestanding sign shall be counted toward the total. In no case shall the maximum permitted area exceed 150 square feet.

(e)   The maximum permitted area for commercial identification signs in a commercial or special district is ten (10) square feet plus one (1) square foot for each lineal foot of building frontage over ten (10) feet. This maximum area applies to the sum of all types of identification signs (wall, window or awning), nameplates, instructional signs, and directional signs unless otherwise exempt pursuant to Section 1163.03(e). In no case shall the maximum permitted area exceed 150 square feet.

(f)   Considered an identification sign unless exempt pursuant to Section 1163.03(e).

(g)   Public purpose/safety signs shall be permitted as needed to achieve the intended public purpose.

(h)   Maximum area of a directional sign shall be per sign face. There shall be no more than two (2) freestanding directional signs per access drive.

(i)   Total aggregate sign area for each institutional use or residential zoning lot. The maximum permitted area for any individual sign is six (6) square feet. See also Section 1163.06(f).

(j)   Shall comply with the regulations of Section 1163.06(e)(5) (temporary window signs) and Section 1163.06(f) (temporary signs).

(k)   See Section 1163.06(a) (safety and security signs in residential districts).

(l)   Permitted only in an MF-3 Multiple-Family District.

(m)   Ten percent (10%) of the total window area. See also Section 1163.06(e)(5).

   The maximum height of freestanding signs, when permitted, as specified in this Chapter, shall conform to the standards below.

 

N.A. = Not Applicable

N.P. = Not Permitted

(a)   These standards shall also apply to multiple-family developments in commercial or special districts.

(b)   Not permitted except as described in Section 1163.06(c) gasoline stations and (d) S-1 Mixed Use Districts.

(c)   No height limitations.

(d)   Permitted only in an MF-3 Multiple-Family District.

(e)   See Section 1163.06(f)(9) for regulations concerning special event signs.

   The following sign regulations are in addition to the maximum sign area and height regulations set forth in Sections 1163.04 and 1163.05.

   (a)   Safety/Security Signs in Residential Districts. For residential dwelling units, the following shall be permitted in addition to the permitted nameplate.

      (1)   On the inside of a window, or on the glass portion of a door, or in the front yard of a dwelling, one (1) sign not more than 175 square inches in area, containing a brief statement directly relating to the physical safety and security of the occupants of the premises; examples of such statement being "Block Watch", "Beware of Dog", and "Protected by Electronic Security System", provided that no sign shall be placed within the minimum front yard provided for by the Zoning Code for the district in which the dwelling is located. No security sign that is placed within the front yard of a dwelling shall have a height, including the supporting stake or pole, that exceeds three (3) feet. A sign may not identify a particular security system by name and/or logo or otherwise, or include any commercial message. The Architectural Board of Review shall promulgate and adopt standards relating to the color, design, material, size, shape and style of lettering of all signs.

      (2)   On the inside of a window or the glass portion of a door, a sign of not more than sixteen (16) square inches in area, containing a basic statement directly relating to the physical safety and security of the occupants of the premises; examples of such a statement being "Block Watch", "Beware of Dog", and "Protected by Electronic Security System". Only one (1) sign shall be affixed to each window or door. The signs authorized by this provision shall be permitted in addition to the single sign permitted by subsection (a)(1) hereof. A sign may not identify a particular security system by name and/or logo or otherwise or include any commercial message.

   (b)   Signs in a Park District. For each public park in a Park District, one (1) freestanding identification sign is permitted for each street frontage. Each sign shall not exceed the maximum area per sign face for institutional identification signs permitted in Schedule 1163.04. In addition, conditional uses in a Park District may have further identification signs subject to Planning Commission approval and the Architectural Board of Review.

   (c)   Freestanding Signs for Gasoline Stations. Freestanding commercial identification signs are permitted for gasoline stations in compliance with the following regulations:

      (1)   One (1) freestanding identification sign with a maximum area of thirty-six (36) square feet per sign face is permitted per zoning lot. The area of the freestanding sign shall be in addition to the maximum area permitted in Section 1163.04;

      (2)   The maximum height of a freestanding sign shall be sixteen (16) feet;

      (3)   No portion of any freestanding sign shall project into the public right-of- way.

   (d)   Freestanding Signs in an S-1 Mixed Use District. Freestanding signs identifying the occupant of individual premises shall not exceed thirty-six (36) square feet in area per sign face nor project more than eight (8) feet above the ground, and shall not be located nearer than eighty (80) feet to the boundary of the S-1 District, nor nearer than 150 feet to directly abutting property under separate ownership which is in the AA or A Districts. Not more than one (1) freestanding sign identifying the entire parcel development of the S-1 District shall be permitted for each 500 feet of frontage upon a public street bounding the parcel at the time the tract was transferred to an S-1 Mixed Use District, and such sign shall not exceed 150 square feet in area on each face.

   (e)   Additional Allowances for Commercial Identification Signs.

      (1)   Corner lots. Buildings located on corner lots may have an identification sign on each street side of the building provided the building wall area adjoining each street is computed separately for each allowable sign area.

      (2)   Rear entrances. There may be an additional sign not more than fifteen (15) square feet attached to the building at a public entrance not fronting on a street that opens from a parking lot or having access from a parking lot used by the public.

      (3)   Building identification for multiple-tenant commercial facilities. In addition to the permitted sign area, a site with more than one (1) tenant shall be permitted additional sign area of one-quarter (1/4) square foot for each linear foot of building frontage, not to exceed fifty (50) square feet. Such sign area shall be limited to the identification of the commercial building.

      (4)   Signs for businesses not on the ground floor.

         A.   Each ground floor entrance providing access to tenants located above or below the ground floor, or ground floor tenants which do not have frontage on a street or parking lot, shall be permitted one (1) square foot of sign area for each lineal foot of building frontage devoted to such entrance provided that at least ten (10) square feet shall be permitted in any case and the maximum sign area shall be 150 square feet. Such sign shall be considered a commercial identification sign and shall comply with the regulations specified in Schedule 1163.04 for such signs. For the purposes of this section, ground floor entrance shall include that portion of the building frontage on the ground floor devoted to the lobbies or foyers or entrances providing access to tenants on other floors.

         B.   For a multi-story retail or office building, each tenant above the ground floor is permitted one (1) permanent sign to be placed in a window of the tenant's space, not to exceed ten percent (10%) of the window area. In no case shall the maximum permitted area exceed twenty (20) square feet. These signs may be considered in addition to the maximum allowable area for identification signs pursuant to Schedule 1163.04.

ILLUSTRATION OF SIGNS FOR BUSINESSES NOT ON THE GROUND FLOOR
Section 1163.06(e)(4)

 

 

      (5)   Window signs. In addition to the allowable identification sign area, window signs for first floor tenants shall be permitted in compliance with the following:

         A.   Permanent window signs, which is any window sign displayed for more than sixty (60) days, shall have a maximum area no greater than ten percent (10%) of the total window area. See subsection (b) below. Permanent window signs that exceed ten percent (10%) shall be calculated as part of the allowable identification sign area.

         B.   Window sign(s) may be aggregated onto one (1) window panel provided such sign does not cover more than thirty percent (30%) of the window panel on which it is affixed.

         C.   In total, temporary window signs and permanent window signs shall be no greater than twenty percent (20%) of the total window area, provided further that the sign(s) shall not cover more than thirty percent (30%) of any one (1) window panel.

         D.   No window sign for a first floor tenant shall be located or placed in a window at a height greater than fifteen (15) feet above grade.

         E.   Any sign placed inside a display window and which is visible from the exterior of the window shall be subject to the maximum area regulations set forth in subsection (5)C. hereof.

         F.   No sign shall be painted on a window and no window shall be otherwise painted unless approved by the Architectural Board of Review.

      (6)   Awning signs. A permitted identification sign may be placed on an awning, applied to the face of the awning, in compliance with the following:

         A.   In addition to the permitted sign area, address numerals may be located on an awning provided they do not exceed one and one-half (1 1/2) square feet in area.

         B.   Awnings may be back-lit.

         C.   All awning signs shall be subject to the review and approval of the Architectural Board of Review.

      (7)   Marquee signs. In addition to the allowable commercial identification sign area, a marquee sign (including permanent identification and changeable copy) may be permitted as a conditional use for an auditorium used for the regular showing of movies, concerts, plays and other similar productions in compliance with the following:

         A.   The size and shape of the marquee and the area of the marquee sign shall be determined by the Planning Commission during its review of the conditional use application.

         B.   The marquee sign shall be subject to the review and approval of the Architectural Board of Review.

         C.   Flashing or animated lights may be permitted as an integral part of a marquee sign with approval of both the Planning Commission and the Architectural Board of Review. Permission shall be granted only after a specific finding by the Planning Commission that the lights will not adversely impact residential properties or the general character of the commercial neighborhood in which the sign is located and a specific finding by the Architectural Board of Review that the lights will enhance the architectural qualities of the marquee and the building to which the marquee sign is attached. In the event flashing or animated lights are permitted, they may be activated or displayed only from 12:00 p.m. until 10:30 p.m. Sunday through Thursday and from 12:00 p.m. until Midnight on Friday and Saturday. The Mayor or designee may issue a special temporary permit for an extended or different period of time during which the flashing or animated lights may be activated for a special event.

         D.   These regulations shall apply to an auditorium which is a legal prior nonconforming use in a C-2 District or a permitted use in a C-3 District.

   (f)   Temporary Signs. Temporary signs shall be permitted in any district in compliance with the following:

      (1)   Subject to the provisions of this section, temporary signs shall be permitted for the following purposes:

         A.   To express an opinion on an election, political issue or other subject, but not to propose or promote a commercial transaction or product except as provided in subsections B. and C. hereinbelow.

         B.   To notify the public of the availability of the premises for sale, for rent or for viewing - e.g. - “for sale”, “for rent” or “open house”.

         C.   To advise the public of the location of a residential personal property sale (“garage” or “yard” sale).

      (2)   Signs permitted under subsections B. and C. are allowed only on the premises which are for sale or lease or upon which the residential personal property sale is occurring. A property owner may display no more than one (1) “for sale” sign, one (1) “for rent” sign, one (1) “open house” sign and one (1) “garage sale” or “yard sale” sign at any one time. Such signs must meet all other provisions of this Code. The owner of a multiple-family apartment building may place a “for rent” notice on an approved residential identification sign or on a temporary sign, but not on both.

      (3)   Signs may be permitted inside windows, inside the glass portion of doors, and/or in yards. Window and door signs shall be limited to the first floor unless the dwelling unit or business at which they are being displayed is located entirely on the second floor or above.

      (5)   No sign permitted by this section shall be illuminated in any manner or contain any blinking or flashing lights or moving parts.

      (6)   All temporary signs must be removed or replaced within forty-five (45) days. Except as provided herein below, any temporary signs related to a specific event (primary, general or special election, sporting event, sale or rental of house, etc.) shall be removed within five (5) business days after the event has concluded. All “yard sale” or “garage sale” signs shall be removed within twelve (12) hours after the sale is concluded. “Open house” signs shall be displayed only during the times the premises are actually open to the public for viewing. For the purposes of this subsection, the “sale” of a property shall be deemed to have “concluded” when title transfers or when the property is withdrawn from the market, whichever first occurs, and the “rental” of a property shall be deemed to be “concluded” when the owner/agent enters into an oral or written lease agreement with a tenant. A “for rent” sign shall not be placed on any property more than sixty (60) days prior to the expected vacancy date of a unit in the building.

      (7)   Religious and other holiday lights and decorations containing no commercial message are exempt from the above regulations and shall be permitted during the appropriate time of year.

      (8)   Freestanding temporary signs may be approved by the Planning Commission for a conditionally permitted use in a Park District.

      (9)   Freestanding temporary signs for institutional uses in a residential, commercial or special district for the purpose of announcing and identifying a special event may be approved by the Planning Commission. Such signs shall be displayed for a maximum of three (3) days. Subsequent approval of such temporary sign may be approved by the Zoning Administrator provided the size and placement of the sign are the same as previously approved.

      (10)   If, due to the topography, existing foliage, or other similar condition existing as to a particular property, conformance with the setback, size and height restrictions set forth in this Chapter would impair the visibility of a temporary sign as observed from the street, then the Zoning Administrator may grant exceptions to the size and/or location regulations. In determining whether to grant an exception, the sole standard to be used by the Zoning Administrator is the visibility of the sign and no sign shall exceed the height, location or distance which is reasonably necessary to render the sign visible when observed from the public street. In no event shall the Zoning Administrator waive the maximum sign area.

      (11)   Freestanding temporary signs shall not be permitted in commercial districts.

      (12)   Temporary sponsorship signs at an event taking place at an athletic field and temporary sponsorship signage plans for all sport seasons and events taking place on an athletic field may be conditionally approved by the Planning Commission. Such signs or signage plans shall meet the following conditions:

         A.   The sign(s) shall be displayed on a fence.

         B.   The sign(s) shall identify a sponsor of the event.

         C.   The sign(s) shall be placed so as to be directed toward the persons in attendance at the event.

         D.   The sign(s) shall be no larger than 24 square feet.

         E.   Approved signs may be erected and displayed for an entire sporting season or length of the event as determined by the Planning Commission.

         F.   Sponsorship identification signs may be displayed on a scoreboard or backstop and may include the field name.

         G.   Team identification signs no larger than 12 square feet may be displayed on dugouts.

         H.   All sponsorship signage must be maintained in good condition.

            (Ord. 53-2013. Passed 8-5-13; Ord. 153-2021. Passed 12-6-21; Ord. 010-2025. Passed 2-18-25.)

   (g)   Construction Signs. A construction sign shall be permitted only in compliance with the following:

      (1)   A construction sign for an institutional use in a residential district shall identify only the name of the organization, name of the building and street address, and shall be free of any commercial advertising.

      (2)   A construction sign shall be designed in conformance with all applicable building codes and constructed with materials which are durable for the intended life of the sign as determined by the Building Commissioner.

   (h)   Sponsor Scoreboard Sign. A Sponsor Scoreboard Sign accessory to an athletic field may be approved by the Planning Commission. Such signs shall meet the following conditions:

      (1)   The signage shall be an integral part of an athletic field scoreboard.

      (2)   The signage shall face the persons in attendance at the field.

      (3)   The sponsorship signage portion of the scoreboard shall not be internally lit.

      (4)   The signage shall not cover more than twenty-five percent (25%) of the scoreboard area.

      (5)   The scoreboard shall be located on and be accessory to an athletic field actively used for athletic events.

         (Ord. 52-2013. Passed 8-5-13.)

   (i)   Any sign authorized by this Chapter is permitted to contain a noncommercial message in lieu of other messages, provided that such sign is displayed by the property owner or tenant without compensation.

      (Ord. 025-2023. Passed 6-5-23.)

   No projecting sign shall be constructed, erected or maintained on any lot in Cleveland Heights except in accordance with the requirements and procedures contained in this section.

   (a)   Preparation of Projecting Sign Application. The following materials shall be provided:

      (1)   Building sections and elevations drawn to scale. Clearly describe materials, colors, dimensions, method of illumination (show conduit, meter, and other visible items), and method of attachment (supports, brackets, mounting hardware).

      (2)   Computation of the total sign area of the building, the area of each sign and the building frontage.

      (3)   Accurate indication on the elevations/section drawings of the location of each existing and proposed sign.

      (4)   Depiction and/or description of color scheme, lettering or graphic style, materials, location of sign on the building, sign proportions; framing; and method of attachment.

      (5)   Perspective rendering or photograph illustrating proposed sign in context with other building signage, neighboring businesses’ signage, and the architectural character of the vicinity.

   (b)   Guidelines and Regulations. Projecting signs shall comply with the following standards:

      (1)   The area of one (1) face (as calculated from an elevation view) of a two-faced sign shall be part of the total identification sign area permitted in Schedule 1163.04.

      (2)   A projecting sign may not extend above the parapet line of a building, except on a single-story building or single-story wing of a multiple-story building, in which case its width, orientation and projection shall comply with the applicable building code.

      (3)   Projection shall comply with all applicable provisions of the Building Code.

      (4)   Projecting signs over a public right of way shall be permitted only in accordance with the liability stipulations of Section 1163.08(q).

      (5)   To avoid blocking view of traffic control signs and traffic, projecting signs shall not extend closer than four (4) feet to a curb as measured in plan.

      (6)   The lowest element of any sign above a pedestrian or vehicular way shall be at least seven (7) feet above the finished grade of a sidewalk or other pedestrian way and at least fifteen (15) feet above the finished grade of pavement used for vehicular traffic.

      (7)   Signs having one internally lit plastic face per side shall not be permitted as projecting signs. The purpose of this restriction is to encourage projecting signs that are artistic, creative and fabricated with artisanship.

      (8)   Projecting signs shall be at a 90º angle to the facade of the building and projecting signs at the corner of a building shall be at a 135º angle to each facade. The Architectural Board of Review shall have discretion to vary this requirement.

   (c)   Architectural Review Required. Projecting signs shall be subject to review and approval of the Architectural Board of Review.

      (Ord. 025-2023. Passed 6-5-23; Ord. 010-2025. Passed 2-18-25.)

   In addition to assuring compliance with the numerical standards of these regulations, the Zoning Administrator and the Architectural Board of Review, when approving signs, shall consider the proposed general design, arrangement, texture, material, colors, lighting placement and the appropriateness of the proposed sign in relationship to other signs and the other structures both on the premises and in the surrounding areas, and only approve signs which are consistent with the intent, purposes, standards and criteria of the sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions:

   (a)   The lettering shall be large enough to be easily read from the public street but not out of scale with the building, site or streetscape.

   (b)   The number of items (letters, symbols, shapes) shall be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility.

   (c)   The shape of the sign shall not create visual clutter.

   (d)   Signs shall have an appropriate contrast and be designed with a limited number of, and with the harmonious use of, colors. Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block. Continuity of design means uniformity of background colors or harmonious use of a limited range of complementary background colors.

   (e)   The size, style and location of the sign shall be appropriate to the activity of the site as prescribed elsewhere in these regulations.

   (f)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment.

   (g)   The sign should be consolidated into a minimum number of elements.

   (h)   Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.

   (i)   A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance.

   (j)   No part of a sign shall project above the parapet line, except as may be permitted under the projecting sign terms of Section 1163.07.

   (k)   All signs in commercial and special districts may be illuminated provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts.

   (l)   No flashing or moving parts shall be permitted for any sign or advertising display within the City except when conditionally permitted as part of a marquee sign pursuant to Section 1163.06(e)(7).

   (a)   The property owner, owner of the sign, tenant, and agent are required to maintain the sign in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with all building code requirements.

   (b)   A sign in good repair shall be free of peeling or faded paint, shall not be stained, show uneven soiling or rust streaks; shall not have chipped, cracked, broken, bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the City.

   (c)   If the sign is deemed by the Zoning Administrator to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe building and structure and all City regulations applicable for the repair or removal of such sign shall apply.

   (d)   Whenever any sign, either conforming to these regulations, or nonconforming, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure or the mounting of the sign itself, and the sign is accessory to a legally permitted or nonconforming use.

   (e)   Signs which no longer serve the purpose for which they were intended, which have been abandoned or which are not maintained in accordance with this Chapter and other regulations of the City are hereby declared to be a public nuisance, and shall be removed by the owner within thirty (30) days of the time such sign becomes obsolete, abandoned or not properly maintained or such sign will be removed by the City at the owner's expense.

(Ord. 025-2023. Passed 6-5-23.)

   (a)   Consistent with the purposes of this Zoning Code, every graphic or other sign in violation of any provision of this Chapter shall only be removed, altered or replaced so as to conform with the provisions of this Code. Any sign which was in compliance with these regulations immediately prior to the effective date of this Code, but, on the effective date of this Code or any amendments thereto, is not in compliance with the regulations herein shall be deemed nonconforming.

   (b)   Nonconforming signs shall be removed and any subsequent modification or replacement (excluding routine maintenance pursuant to Section 1163.10) shall conform to all requirements of these regulations:

      (1)   When more than fifty percent (50%) of the value of the sign has been destroyed or been removed;

      (2)   When the use for which the nonconforming sign is accessory, is vacant for ninety (90) consecutive days;

      (3)   (EDITOR’S NOTE: Former subsection (b)(3) was repealed by Ordinance 27-2006, passed 5-15-06.)

   (c)   A nonconforming sign shall not be replaced, altered, modified or reconstructed, other than to comply with these regulations, except when the existing use changes its name as a result of new ownership, or for any other reason and when such replacement sign may be accomplished without any alteration or changes to the structure, framing, erection or location of the sign unless such changes conform to these regulations.

   Any proposed replacement, alteration, modification or reconstruction of a nonconforming sign shall be approved by the Architectural Board of Review.

   (d)   The Planning Commission may permit certain nonconforming signs to continue when, because of unique design features or construction qualities, the Commission determines the sign to be architecturally or historically significant. The Planning Commission shall approve such continuation in accordance with the conditional use procedures set forth in Section 1115.08. The continuation of such sign must also be approved by the Architectural Board of Review.

(Ord. 025-2023. Passed 6-5-23.)

   Every structure shall be designed, arranged and situated on the site and in relationship to adjacent uses, every use of land or structure will be conducted, and every lot and every structure will be maintained in such a manner that:

   (a)   Will not create a nuisance upon the premises;

   (b)   Will avoid detrimental or blighting influences upon the neighborhood;

   (c)   Will not, by means of noise, toxic gases, fumes, vapors, odors, radiation, light, heat, fire exposure, hazard, vibration or electrical interference, or by other means, unreasonably interfere with or impair the use or enjoyment of neighboring premises, including fluctuation in line voltage;

   (d)   No lighting shall shine directly on or be a nuisance to occupants of adjacent property, nor impair safe movement of vehicles on any street or highway;

   (e)   Will not be hazardous to the community on account of such things as the danger of fire or explosion even when conducted under adequate safeguards.

      (Ord. 20-2012. Passed 5-21-12.)

   In addition to district regulations governing accessory uses, the following supplementary regulations set specific conditions for various accessory uses:

   (a)   Use of Accessory Building. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the principal building on the lot is also being used. However, nothing shall prevent the use by a contractor during building construction of a temporary construction shed or road wagon for the storage of tools, material and equipment.

   (b)   Home Occupations Accessory to a Dwelling Unit in a Residential District. A home occupation may be conducted in a dwelling unit provided that the following standards are maintained:

      (1)   There is no display that will indicate from the exterior that the dwelling unit is being utilized in part for any purpose other than that of a residential dwelling;

      (2)   There is no merchandise manufactured or processed for sale, bought, sold, exchanged or traded in or on the premises. A home occupation involving individual works of art and involving some machine process as part of the creation of individual works of art is permitted, provided it meets all other criteria of this section, and involves no direct sales of such works of art to consumers on a regular basis from the premises;

      (3)   There is no more than one (1) person employed or engaged in the furtherance of the home occupation who is not a member of the immediate family residing on the premises;

      (4)   There is no mechanical, electrical or chemical equipment used in furtherance of such home occupation, except such as causes no disturbances of any kind beyond the premises where the home occupation is located;

      (5)   There are and will be no exterior alterations made to the dwelling unit for the home occupation purposes which would change the appearance of the dwelling so as to indicate from the exterior that the building is used for any purpose other than that of a dwelling unit;

      (6)   There are no motor vehicles bringing clients or customers to the place of the home occupation other than for the periods from 9:00 a.m. to 5:00 p.m. on weekdays, and from 9:00 a.m. to 12:00 noon on Saturday. All such vehicles visiting the place of the home occupation shall be parked on private property;

      (7)   No home occupation shall be permitted in any portion of any dwelling unit where the conduct of such home occupation is or will be offensive to neighboring property owners or occupants of the same dwelling structure by reason of excessive noise, late hours or business activity, the intensity of the business activity or other such reasons;

      (8)   The home occupation shall be conducted wholly within the dwelling unit and no aspect of the home occupation shall be conducted in any accessory building except as may be conditionally permitted according to Chapters 1151 and 1153 or in any detached or attached private parking garage.

   (b.1)   Occasional Sales Incident to Home Occupations. Notwithstanding the provisions of subsection (b) hereinabove, the Zoning Administrator may issue a permit for an “occasional sale” to an artist or other craftsperson engaged in art as a home occupation to authorize said artist to sell artwork out of the home on the following terms and conditions:

      (1)   A permit for an “occasional sale” shall not be issued more than three times a year for the same premises, and shall be for a period not to exceed three days.

      (2)   The sale may occur only between the hours of 9:00 a.m. and 7:00 p.m.

      (3)   No merchandise may be sold at the sale other than individual works of art. At least twenty-five percent (25%) of the artwork offered for sale must have been produced on the premises upon which the sale is occurring.

      (4)   Subject to the provisions of Section 1163.06(f), one (1) temporary sign is permitted to advertise the “occasional sale”. An “occasional sale” sign shall be categorized as a “garage sale” sign pursuant to Section 1163.06(f)(1)C.

      (5)   No person shall participate in the conduct of the sale other than the artists whose work is being sold and residents of the premises upon which the sale is occurring. In no event shall there be more than five (5) persons engaged at any one (1) time in the conduct of the sale.

      (6)   In considering whether to grant an application for a permit for an “occasional sale” the Zoning Administrator shall consider the past history of sales on the same premises or by the same parties, the availability of off- street parking on the premises, the availability of on-street parking in the neighborhood, the density of the neighborhood, the number of customers the sale is expected to draw, and similar factors. Any party aggrieved by the decision of the Zoning Administrator to grant or deny a permit may appeal the Administrator’s decision to the Board of Zoning Appeals.

   (c)   Parking Nonpassenger Vehicles in a Residential District. The placing, storing or parking of trucks and other such commercial vehicles, including pickup trucks, vans and panel trucks, on a lot or on a public street in a residential zone is prohibited. Exceptions to this prohibition are licensed passenger vehicles, or noncommercial motor vehicles; vehicles displaying license plates issued to a handicapped person and imprinted with the international wheelchair symbol; or vehicles displaying a valid parking card issued by the State of Ohio to handicapped persons and the following:

      (1)   Such vehicle may be so placed, parked and permitted to stand for a period during the delivery therefrom or the pickup of articles or materials to be used or consumed on the related premises.

      (2)   When such vehicles are used in connection with constructing, altering, repairing, maintaining or cleaning a building on such lot when the described work is in process.

      (3)   One (1) single rear-axle four-wheel vehicle described as a pickup truck, van or panel truck, and not exceeding three-quarter (3/4) ton capacity or its equivalent gross weight, may be stored or parked in a private parking garage with the garage doors closed on a residential premises provided all of the following conditions are observed:

         A.   There are no offensive odors emitted from the truck.

         B.   There is stored within the confines of the truck only such items as hand tools, spare parts and small amounts of supplies and/or other items of personalty. In no event is such vehicle to be used as a warehouse for the storage of substantial goods, supplies or other materials.

         C.   There are no animals, fish or fowl stored in the truck.

         D.   There are no foodstuffs or other organic materials stored in the truck which would create a condition that would attract, harbor or contain vermin, insects or rodents.

         E.   The storing of the truck in a private parking garage shall not cause the displacement of a passenger vehicle or vehicles in such manner as to result in a violation of other provisions of this Zoning Code.

         F.   There are no health or safety hazards caused in permitting the garaging of a truck.

         G.   The use and garaging of a truck shall not result in a public nuisance which is offensive to neighboring property owners or residents by reason of excessive noise, late hours of truck use, intensity of activity or other such reasons.

         H.   The truck shall be maintained, at all times, in good mechanical condition and exterior appearance.

         I.   No maintenance and repair work on the truck shall be done on the property, except of an emergency nature.

         J.   No such vehicle shall be used in conjunction with any "home occupation" not authorized by the terms of this Zoning Code.

         K.   An annual permit which shall be affixed to the vehicle in plain view shall be obtained from the Zoning Administrator or designated agent for the authority to garage a truck as described in this subsection (c) and payment of the applicable fee shall be required.

      (4)   Subsection (c)(3) hereof shall not be applicable to vehicles licensed as noncommercial vehicles, or to vehicles not exceeding three-quarter (3/4) ton capacity or its equivalent in gross weight, that are used exclusively for purposes other than engaging in business for profit, bearing no commercial signage, and that display either license plates issued to a handicapped person and imprinted with the international wheelchair symbol, or a valid parking card issued by the State of Ohio to handicapped persons.

   (d)   Parking of Recreation Vehicles in a Residential District. The parking of recreation vehicles as an accessory use in a residential district is subject to the following:

      (1)   Except as otherwise provided in this section, boats, campers, trailers, and similar equipment owned and used by the occupants of the premises may be stored on such premises, provided such storage is not in the open but is in a private parking garage.

      (2)   Notwithstanding the provisions of subsection (d)(1) hereof, not more than one (1) open air parking space for a recreation vehicle used for recreational purposes by the occupants of the dwelling may be located in a rear yard provided that:

         A.   Such parking space shall be included in the accessory building area allowances otherwise prevailing for this site and shall not be in addition to such area allowance.

         B.   The recreation vehicle shall not have fixed connections to electricity, water, gas or sanitary sewer facilities and at no time shall the recreation vehicle be used for living or housekeeping purposes.

         C.   The recreational vehicle shall not be stored outside of a private parking garage unless adequate screening thereof has been established to the satisfaction of the Zoning Administrator. Adequate screening shall consist of building walls, fencing as permitted by this Zoning Code, or evergreen plantings in accordance with the Plantings List approved by the Planning Commission. In determining adequacy of screening, the Zoning Administrator shall consider the size of the lot in question, the proximity of buildings on adjacent property, the size of the recreational vehicle, the existing landscaping or screening on adjacent properties, and all other relevant considerations. At least five (5) days before the Zoning Administrator makes any determination as to the adequacy of the screening, he or she shall cause notices to be sent to the contiguous properties.

         D.   A recreation vehicle may be parked in a parking or driveway area anywhere on the premises for loading or unloading purposes for a period of not more than forty-eight (48) hours in any consecutive twenty-one (21) day period.

         E.   An annual permit shall be obtained from the Zoning Administrator or designated agent for the recreation vehicle open air parking space described in this section, and payment of the applicable fee shall be required. (Ord. 70-2021. Passed 11-1-21.)

   (e)   Access to Less Restrictive Uses. A private driveway or walk used for access to any use not permitted in the district shall in no case be permitted as an accessory use.

   (f)   Portable On-Demand Storage Structures. A portable on-demand storage structure may be utilized as a temporary structure when in compliance with the following standards:

      (1)   A portable on-demand storage structure may be located as a temporary structure on property for a period not exceeding ten (10) days in duration from the time of delivery to the time of removal;

      (2)   No more than two (2) portable on-demand storage structures may be located on any premises at any one (1) time;

      (3)   Portable on-demand storage structures shall not be located on any premises for more than ten (10) days during any given thirty (30) day calendar period and not more than three (3) times in any given twelve (12) month period;

      (4)   Portable on-demand storage structures shall be located only on a driveway or other private parking area and shall not be located in a primary or secondary front yard unless there is no access to other yards;

      (5)   Portable on-demand storage structures shall be securely locked at all times other than during actual loading or unloading.

   (g)   Solar Panels.

      (1)   The installation and construction of a solar energy system is subject to the following development and design standards:

         A.   A solar energy system may be building-mounted or ground- mounted.

         B.   Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

         C.   All power transmission lines from a ground-mounted solar energy system to any structure must be located underground.

         D.   Advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials, is prohibited. The manufacturer and equipment information, warning signs or ownership information is allowed on any equipment of the solar energy system.

         E.   A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

      (2)   Building-Mounted Systems.

         A.   A building-mounted system may be mounted on a principal building or accessory building 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 façade of the building unless otherwise approved by the Architectural Board of Review.

               b.    For other roof forms, solar panels are permitted on the rear and side roof but must be set back six (6) feet behind ridge line unless otherwise approved by the Architectural Board of Review.

               c.    Solar panels on the primary or secondary front roof are permitted with approval from the Architectural Board of Review.

            2.   When mounted on a façade:

                        a.    Solar panels are permitted on side and rear building facades.

               b.    Solar panels on the primary or secondary front building facades are permitted with approval of the Architectural Board of Review.

         B.   The solar panel system is limited to the maximum building height 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.

         C.   Solar energy systems may project off a building facade as follows.

            1.    May project up to four (4) feet from a facade.

            2.    May project into a side or rear setback, but shall be no closer than five (5) feet to the side or rear property line.

         D.   In the case of a flat roof, solar panels must be set back six (6) feet from any building wall.

      (3)   Ground Mounted Systems.

         A.   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.

         B.   A ground mounted system shall not exceed the maximum building height for accessory buildings.

         C.   Single-family residential lots shall be permitted the larger of either one-hundred (100) square feet of panels or one (1) square foot of solar panels for every one hundred (100) square feet of lot.

      (4)   Solar Access Protection. 

         A.   For the purpose 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 §5301.63 (Solar access easement requirements). Such easements must be in writing and subject to 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.

   (h)   Wind Turbines.

      (1)   General Requirements. Wind turbines are allowed as an accessory use in all zoning districts and are subject to the following standards:

         A.   Administrative review and approval of a proposed wind turbine installation is required.

         B.   Prior to installation of a wind turbine, the wind viability of a location must be tested and verified. A wind map of the location must be submitted with the proposed plan and a wind study conducted that shows the turbine placement and performance as a viable location.

         C.   The sound levels of the wind turbine shall not exceed fifty-five (55) decibels (dBA) in residential districts and sixty (60) decibels (dBA) in all other districts, as measured at the site property line. This does not include sound levels during short-term events, such as severe wind storms and utility outages.

         D.   Wind turbines shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than thirty (30) hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker must be addressed either through siting or mitigation measures.

         E.   Advertising, including signs, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials are prohibited. The manufacturer and equipment information, warning signs or ownership information is allowed on the wind turbine and equipment.

         F.   A wind turbine connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

         G.   The wind turbine must comply with all applicable Federal Aviation Administration (FAA) regulations and all state and local regulations.

      (2)   Building Mounted Wind Turbines. Wind turbines may be mounted on principal and accessory buildings, subject to the following:

         A.   The maximum height of any wind turbine mounted on a detached accessory structure is fifteen (15) feet above the maximum permitted height for such structure. The maximum height of any wind turbine mounted upon a principal structure is ten (10) feet above the height limit of the applicable zoning district.

         B.   The maximum height is calculated as the total height of the turbine system including the tower, and the maximum vertical height of the turbine's blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of the tower.

         C.   No portion of exposed turbine blades may be within twenty (20) feet of the ground. Unexposed turbine blades may be within ten (10) feet of the ground. Blades and tail vane must be a minimum of ten (10) feet from utility lines in all wind directions.

      (3)   Ground-Mounted Systems.

         A.   The maximum height of any ground-mounted wind turbine (a tower) is the height limit of the applicable zoning district. Additional height may be granted as a special use if the tower needs additional height to exceed the tree canopy.

         B.   The maximum height of any ground-mounted wind energy system is measured from grade to the length of a prop at maximum vertical rotation.

         C.   No portion of exposed turbine blades may be within twenty (20) feet of the ground. Unexposed turbine blades may be within ten (10) feet of the ground. Blades and tail vane must be a minimum of ten (10) feet from utility lines in all wind directions.

         D.   Ground-mounted wind turbines may be located in the rear yard only. A ground-mounted tower must be set back from all lot lines equal to one-hundred ten percent (110%) of the height of the tower. Additional equipment outside of the tower, including guy wire anchors, must be ten (10) feet from any lot line.

         E.   To reduce the visual impacts of a tower, the following standards must be met:

            1.   The applicant must demonstrate that the wind turbine's visual impact will be minimized for surrounding neighbors and the community. This may include, but is not limited to, siting, wind generator design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

            2.   The color of the small wind energy system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include but are not limited to white, off-white or gray.

            3.    Artificially lighting is prohibited unless such lighting is required by the Federal Aviation Administration (FAA).

            4.    All electrical wires associated with a ground-mounted wind turbine, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be located underground.

   (i)   Shared Renewable Energy Systems. Abutting properties may share a solar, wind or geothermal energy system, including permission to install equipment along all properties, as a conditionally permitted use. Such systems are subject to the standards for each of the individual systems. This shared renewable energy system is only allowed if agreed to by the owners of each lot; the agreement is recorded as a shared renewable energy easement on each plat of survey, including provisions for all property owners to access all equipment to maintain the system; and a conditional use permit is obtained. The easement must be submitted to the City and filed with the County.

   The following site and development criteria are established to promote the harmonious exercise of property rights without conflict.

   (a)   Principal Buildings Per Lot. Except for single-family and two-family residences, there may be more than one (1) principal building on a zoning lot provided that the required yards are maintained around the perimeter of the zoning lot.

   (b)   Access to a Public Street. No building shall be erected on a lot, or tract of land, which does not abut on at least one (1) public thoroughfare, or private road, built in accordance with public thoroughfare standards and specifications. In the case of a planned residential development, the entire tract shall be considered one (1) zoning lot. Any subdivision of land within the zoning lot for a PRD, at the election of the applicant, does not need to comply with the lot size, lot width or yard requirements for the district in which it is located.

   (c)   Maintenance of a Vacant Lot. A vacant or otherwise undeveloped lot shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which shall at all times be properly maintained.

   (d)   Additional Requirements for Yards. The following requirements for yards must be observed in all zoning districts:

      (1)   On lots fronting on two (2) nonintersecting streets, a front yard must be provided on both streets;

      (2)   Where a lot is occupied for a permitted use without any building or structure thereon, the front, side and rear yards required by this Zoning Code shall be provided and maintained between such use and the respective lot lines, except lots used for shared spaces, noncommercial gardens or public playgrounds.

   (e)   Visibility at Intersections. On every corner lot, and at the intersection of every driveway with a public or private street, there shall be no material impairment to visibility (whether by the location of structures including fences, landscaping or other means) between a height of three (3) feet and a height of eight (8) feet above the established grade, within the triangle formed by:

      (1)   The curb lines of two (2) intersecting streets, and a line drawn between two (2) points, one (1) on each such curb line, each twenty (20) feet from the point of intersection of such curb lines; or the triangle formed by the two (2) right-of-way lines and a line drawn between two (2) points, one (1) on each such right-of-way line, each ten (10) feet from the point of intersecting of such right-of-way lines; whichever is less;

      (2)   The intersecting boundary of such driveway and the curbline of such street and a line drawn between two (2) points, one (1) on such driveway boundary and one (1) on such curbline of the street, each twenty (20) feet from their point of intersection; or the triangle formed by the intersecting boundary of such driveway and the right-of-way line, and a line drawn between two (2) points, one (1) on such driveway boundary and one (1) on such right-of-way line, each ten (10) feet from their point of intersection; whichever is less.

   (f)   Projections into Required Yards. The following may project into a required yard according to the following:

      (1)   Sills, belt courses, cornices and ornamental features may project one (1) foot into a required yard.

      (2)   Chimneys and flues may project into a required rear yard for a distance of not more than three and one-half (3 1/2) feet when placed so as to not obstruct light and ventilation.

   (g)   Additional Lot Requirements. The following additional lot requirements shall be observed:

      (1)   Every building shall be on one (1) lot only. Contiguous lots may be joined in accordance with the provisions of this Zoning Code.

      (2)   Yards, loading and parking space, or lot area required for one (1) building cannot be used for another building; nor can the size of a lot be reduced below the requirements of this Zoning Code;

      (3)   Unless subdivided, only one (1) single-family or two-family dwelling, whichever is a permitted use, shall be allowed on any parcel of land not subdivided previous to the passage of this Zoning Code.

      (4)   No parcel of land not already subdivided by a plat duly approved and filed for record in the office of the County Recorder, on or before the effective date of this Zoning Code, shall be divided into smaller parcels, except by a plat of subdivision thereof duly approved and filed for record in the office of the County Recorder. No sublot or block shown on a recorded plat of subdivision on file in the office of the County Recorder shall be divided, subdivided or added in whole or in part to any other parcel of land in the City, without the formal approval and consent of the Planning Commission.

         (Ord. 20-2012. Passed 5-21-12; Ord. 127-2023. Passed 11-6-23; Ord. 010-2025. Passed 2-18-25.)

   Television and radio towers may be erected to a height of fifty (50) feet above grade where located separate from the building, or fifteen (15) feet above rooftop if mounted on the building. Satellite dish receiving antennas shall not be considered as being television or radio towers.

(Ord. 20-2012. Passed 5-21-12.)

   (a)   Purpose. To provide flexibility in site design and development of land in order to encourage the preservation of the development area's environmental features (i.e., lakes, streams, wetlands, and other natural land features) and to encourage the maintenance of open space. The use of cluster design is strongly encouraged. These regulations shall apply to new construction residential development exceeding two (2) acres in any District.

   (b)   Cluster Design Requirements. Cluster design must meet the following standards:

      (1)   The overall development must comply with the density requirements of the zoning district but the individual lot areas for each building site may be reduced.

      (2)   Development will be permitted in configurations and locations which encourage the preservation of natural resources, including woodlands, water bodies and wetlands, and historical resources.

      (3)   Buildings or clusters of buildings must be separated by greenbelts or other natural features as required by Planning Commission. While such greenbelts may be accessible via bike paths or hiking trails, no development is permitted within these separation areas.

   (c)   Open Spaces Requirements.

      (1)   Thirty percent (30%) of the net area of the development site must be active or passive open space.

      (2)   There shall be a perimeter buffer yard of no less than 50 feet along the edge of the cluster design. No development is permitted in this perimeter buffer yard, which shall remain naturally landscaped. This perimeter buffer yard is included in the required percentage of open space.

      (3)   The following are counted toward the overall open space percentage required:

         A.   Natural water features, wetlands and conservation areas. No more than twenty-five percent (25%) of the required open space area may consist of water bodies, ponds, floodplains or wetlands.

         B.   A trail system connecting open space areas.

         C.   Recreation facilities such as swimming pools, tennis courts, playgrounds and skateparks.

         D.   Hiking trails and fitness courses.

         E.   Parks and playground.

         F.   Greenbelts and greenways.

         G.   Detention/retention areas accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but only if they are designed as wetlands or natural water features and are landscaped with native vegetation.

         H.   Botanical gardens, greenhouses and community gardens.

      (4)   The following area shall not count toward the overall open space percentage required:

         A.   Yards on individual lots or yards that are reserved for the exclusive use of an individual property owner.

         B.   Streets, alleys or other public rights-of-way.

         C.   Vehicular drives, streets, and parking, loading and storage areas.

      (5)   A management plan must be prepared and submitted for all common open space. The management plan must be approved by the Planning Director in a form approved by the Law Director.

      (6)   To the extent feasible, developers are encouraged to connect open space with existing or potential open space lands or adjoining parcels and local or regional recreational trails.

   (d)   General Requirements.

      (1)   Buildings shall be located to minimize negative impact on the natural scenic and cultural resources of the site, and conflicts between incompatible uses.

      (2)   Buildings must be sited to:

         A.   Minimize disturbance to woodlands, wetlands, water sheds, grasslands and mature trees;

         B.   Prevent impacts to water sources due to runoff through adequate on-site water management practices; and

         C.   Prevent encroachment on any rare plant communities, endangered species habitants or other environmental feature identified by other county, state or federal agencies.

      (3)   The Development shall comply with all other applicable provisions of the Codified Ordinances including, but not limited to, the Landscaping requirements contained in Chapter 1166 Stormwater Management requirements contained in Chapter 1335; and the Sustainability Guidelines contained in Section 1165.06.

      (4)   No habitable building shall be placed 300 feet from an oil or gas well. For purposes of this section, "habitable building" shall mean any building or structure capable of being inhabited or occupied in any manner by human beings. (Ord. 025-2023. Passed 6-5-23.)

   The following design characteristics and amenities are provided as a non-exclusive guide of items to be considered for all development plans. Additional design characteristics and public benefits and amenities not listed may also be considered.

   (a)   Historic preservation and adaptive reuse of existing structures.

   (b)   The use of sustainable design and architecture, such as the use and/or incorporation of green roofs or white roofs, solar panels, wind turbines and other alternative energy efficient systems, and LEED (Leadership in Energy and Environmental Design) or LEED-equivalent structures.

   (c)   Incorporation of passive solar building and site design, where the design of the structure and the layout of the lots within the development collect solar energy in the form of heat in the winter and minimize heat in the summer.

   (d)   Where the development requires the demolition of existing structures, recycling and reuse of building materials from demolished structures.

   (e)   Site design that incorporates public safety initiatives, such as strategies advocated by Transportation Demand Management, Crime Prevention Through Environmental Design (CPTED) and Safe Routes to School.

   (f)   Preservation of natural features where the design of the site provides more usable and suitably located open space and natural amenities. The use of conservation easements is encouraged.

   (g)   Innovative storm water management techniques that exceed the performance standards required by the Ordinance and the City Code, and reduce the amount of impervious surface on the site.

   (h)   Additional public infrastructure improvements in addition to the minimum required by the planned development overlay, such as new or repaved streets, provision of bicycle paths, installation of gutters and sewers, new public transit stations, and traffic control devices to improve traffic flow.

   (i)   Community amenities such as public art, places to congregate such as plazas, malls, gardens, outdoor seating, and pedestrian and transit facilities.

   (j)   Additional open space and recreational amenities such as recreational open space and playgrounds, including athletic fields, dog parks, and natural water features and conservation areas above that required by the Zoning Code.

   (k)   Provision of car or bicycle sharing facilities on-site.

      (Ord. 025-2023. Passed 6-5-23.)

   (a)   Light Trespass and Distraction.

      (1)   No exterior lighting may glare into, or upon, the surrounding area or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets. The light level must be no greater than one-half (1/2) footcandle at a residential property line and one (1) footcandle at any non- residential property line or public right-of-way line.

      (2)   Specifically, the following types of light trespass are prohibited:

         A.   Any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle.

         B.   Any light that may be confused with, or construed as, a traffic control device, except as authorized by state, federal or local government.

   (b)   Unshielded Lighting. The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved carnivals, fairs, approved outdoor dining or similar activities are held and only when such activities are taking place, or on a temporary basis for approved Shared Spaces.

   (c)   Light Pole and Building-Mounted Lighting Heights. The maximum height of light poles on private property, such as in off-street parking lots, is specified below. Maximum height is measured from grade at the base to the bottom of the luminaire. These standards do not apply to public right-of-way lighting.

      (1)   Non-Residential Uses.

         A.   Lights poles and building-mounted fixtures must be designed with fully shielded luminaires. Such poles or mounts are limited to a maximum of fifteen (15) feet in height.

   (e)   Reduce the urban heat island effect, enhance the local micro-climate and increase biodiversity.

   (f)   Reduce stormwater runoff from existing and new properties.

      (Ord. 025-2023. Passed 6-5-23.)

 

SCHEDULE 1166.05(b)(1):

 

 

      (6)   Unless a curb-stop and associated stormwater management is provided, all parking lot landscape areas must be protected from parked cars by curbs. When a curb is provided, curb inlets are required to allow water into the landscape areas as permitted by grading.

      Curb inlets are required to allow water into the landscape areas as permitted by grading.

      (5)    Alternatively, a low pedestrian wall the height of which provides effective screening to a minimum height of four (4) feet may be used instead of shrubs. Where possible, plant materials must be installed between the sidewalk and the wall to provide a softening effect on the wall.

       (6)   Unless a curb-stop and associated stormwater management is provided, all perimeter parking lot landscaping areas must be protected with raised curb and gutter. When a curb is provided, curb inlets are required to allow water to infiltrate into the landscape areas as permitted by grading.

   (e)    Clear-cutting of forests is prohibited.

   (f)    Large-scale projects, such as large-scale residential projects of more than ten (10) units, as well as larger mixed-use and commercial development projects, shall require approval of any tree preservation plan by the Planning Commission.

      (Ord. 025-2023. Passed 6-5-23.)