Coshocton City Zoning Code
TITLE FIVE
Additional Zoning Standards
1143.01 CONTINUATION OF EXISTING USES.
Except as hereinafter specified, any use, building, or structure existing at the time of the enactment of this chapter may be continued, even though such use, building, or structure may not conform with the provisions of this chapter for the district in which it is located.
(Ord. 4-62. Passed 3-12-62.)
1143.02 EXTENSIONS; SUBSTITUTIONS; CHANGE TO CONFORMING USE.
No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:
(a) Substitution or Extension. When authorized by the Board, in accordance with the provisions of Chapter 1109, the substitution for a nonconforming use of another not more objectionable nonconforming use, or an extension of a nonconforming use, may be made, but not both a substitution and an extension.
(b) Extension on Adjoining Lot. When authorized by the Board, in accordance with the provisions of Chapter 1109, the extension or completion of a building devoted to a nonconforming use on a lot occupied by such building, or on a lot adjoining, may be made, provided that such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and where such extension is necessary and identical to the existing use of such building.
(c) Extension Inside Building. When authorized by the Board, in accordance with the provisions of Chapter 1109, a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations, except those required by law, are made therein.
(d) Nonconforming Use Made To Conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 4-62. Passed 3-12-62.)
1143.03 REESTABLISHMENT OF ABANDONED USE.
No building, structure, or premises where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use.
(Ord. 4-62. Passed 3-12-62.)
1143.04 DISCONTINUANCE OF NONCONFORMING USE.
All nonconforming uses of land not involving any building or structure may be continued for a period of two years after the date of enactment of this chapter, at the end of which period such nonconforming use shall cease or shall be changed to a conforming use.
(Ord. 4-62. Passed 3-12-62.)
1143.05 PERFORMANCE STANDARDS VIOLATIONS.
All uses nonconforming at the time of adoption of this chapter, by reason of noncompliance with the provisions of Chapter 1157, if not otherwise stipulated by the Board, shall adopt necessary measures to conform therewith within three years of the adoption of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1143.06 REPLACING DAMAGED BUILDINGS.
Any nonconforming building or structure damaged more than sixty percent (60%) of its then fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity, or act of God, shall not be restored or reconstructed and used as before such occurrence, but if less than sixty percent (60%) damaged above the foundation, it may be restored, reconstructed, or used as before, provided that it is done within six months of such occurrence.
(Ord. 4-62. Passed 3-12-62.)
1143.07 REPAIRS AND ALTERATIONS.
Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the Board. Except as otherwise provided in this chapter, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent (50%) of its assessed value for tax purposes at such date, unless such building or structure is changed to a conforming use.
(Ord. 4-62. Passed 3-12-62.)
1145.01 LOTS OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this chapter, irrespective of its area or width, the owner of which does not own any adjoining property, provided that yard spaces satisfy requirements stipulated for the district in which such lot is located, or requirements as may be modified under Section 1145.03(c) or by the Board, as set forth in Section 1109.12.
(Ord. 4-62. Passed 3-12-62.)
1145.02 HEIGHT MODIFICATIONS.
(a) Exceptions. The height limitations stipulated elsewhere in this chapter shall not apply to the following:
(1) Farm buildings and architectural features. Barns, silos, or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; parapet walls extending not more than four feet above the limiting height of the building.
(2) Places of public assembly. Places of public assembly in churches, schools, and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(3) Elevator penthouses, water tanks, and towers. Bulkheads, elevator penthouses, water tanks, monitors, and scenery lofts, provided no linear dimensions of any such structure exceed fifty percent (50%) of the corresponding street lot line frontage; towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders, or other structures where the manufacturing process requires a greater height.
(b) Minimum Requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than 50 feet in all parts from every lot line not a street lot line.
(Ord. 4-62. Passed 3-12-62.)
1145.03 FRONT YARD DEPTHS; SLOPED AND DOUBLE FRONTAGE LOTS.
(a) Average Depth of Front Yards. In any R District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question, and within the same block front, is less or greater than the least front yard depth prescribed elsewhere in this chapter, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of such existing front yards or the average depth on the two lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of a front yard on any lot shall be at least ten feet and need not exceed 50 feet.
(b) Front Yard Garage on Steep Sloped Lots. In any R District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of twelve percent (12%) or less to a private garage conforming with the requirements of this chapter, such garage may be located within such front yard, but not in any case closer than six feet from the street line.
(c) Double Frontage Lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.
(Ord. 4-62. Passed 3-12-62.)
1145.04 COMPUTATION OF YARDS ABUTTING ALLEYS.
In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, no side yard shall be less at any point than three feet, and no rear yard less than ten feet.
(Ord. 4-62. Passed 3-12-62.)
1145.05 SIDE YARD MODIFICATIONS.
(a) Increases. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building adjacent to the side yard exceeds 40 feet.
(b) Variation Where Walls not Parallel to Lot Line. Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width. However, such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than three feet in any case.
(c) Corner Lots. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 4-62. Passed 3-12-62.)
1145.06 REDUCTION OF REAR AND SIDE YARDS.
Depth of a rear yard or width of each side yard may be reduced by four inches for each foot by which a lot at the time of enactment of this chapter is less than 100 feet deep or less than 50 feet wide, provided, that no side yard shall be less at any point than three feet, or less, in the case of a side yard along a side street lot line, than five feet, and provided that no rear yard shall be less than ten feet. Width of one side yard may be reduced when authorized by the Board, in the case of a one-family or two-family dwelling, to a width of not less than three feet, provided the sum of the widths of the two side yards is not less than the required minimum, and provided the distance between the proposed dwelling and another dwelling, existing or proposed, on an adjacent lot is not less than the required minimum sum of the widths of two side yards. However, such reduction may be authorized only when the Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots.
(Ord. 4-62. Passed 3-12-62.)
1145.07 YARD PROJECTIONS.
Certain architectural features may project into required yards or courts as follows:
(a) Front and Side Yards. Into any required front yard, or required side yard adjoining a side street lot line, as follows:
(1) Cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches.
(2) Fire escapes may project a distance not exceeding four feet, six inches.
(3) An uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
(4) Bay windows, balconies, and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
(b) Interior Side Yards. Subject to the limitations in subsection (a) above, the above- named features may project into any required side yard adjoining an interior side lot line a distance not to exceed one-third of the required least width of such side yard, but not exceeding three feet in any case.
(c) Rear Yards. Subject to the limitation in subsection (b) above, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard. However, landings or porches may be covered and may project a distance not exceeding ten feet, but not closer than ten feet from the rear lot line.
(Ord. 4-62. Passed 3-12-62.)
1145.08 FENCES, WALLS, AND HEDGES.
Fences, walls, and hedges may be located in required yards as follows:
(a) If not exceeding, at any point, four feet in height above the elevation of the surface of the ground at such point, such features may be located h any yard.
(b) If not exceeding, at any point, six feet in height above the elevation of the surface of the ground at such point, they may be located in any required rear yard or side yard. (Ord. 4-62. Passed 3-12-62.)
1145.09 AREA REQUIREMENTS WHERE SANITARY FACILITIES NOT AVAILABLE.
In any district, where neither a public water supply nor a public sanitary sewer is accessible, the otherwise specified lot area and frontage requirements, if less than the following, shall be lot area, 20,000 square feet and lot frontage at building line, 100 feet. However, where a public water supply system is accessible and will be installed, these requirements shall be 10,000 square feet and 75 feet, respectively.
(Ord. 4-62. Passed 3-12-62.)
1147.01 LOADING SPACE REQUIREMENTS.
(a) (1) When and number required. In any district, in connection with any building or part thereof hereafter erected or altered and which is to be occupied by manufacturing, stores, warehouses, goods display, retail commercial, wholesale commercial, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses requiring the receipt or distribution by truck of materials or merchandise, there shall be provided and maintained, on the same lot with such buildings, off-street loading space in accordance with the following schedule:
Floor Area of Building (sq. ft.) | Total Number of Off-Street Loading Spaces |
10,000 or less | 0 |
Over 10,000 to 20,000 | 1 |
Over 20,000 to 40,000 | 2 |
Over 40,000 to 60,000 | 3 |
Over 60,000 to 80,000 | 4 |
Over 80,000 to 100,000 | 5 |
(2) Where the floor area of the building exceeds 100,000 square feet, the number of off-street loading spaces shall be determined by the Board.
(b) Dimensions. Each loading space shall be not less than ten feet in width, 25 feet in length and 14 feet in height.
(c) May Occupy Required Yard. Subject to limitations in subsection (d) below, such space may occupy all or any part of any required yard.
(d) Distance From R Districts. No such space shall be closer than 50 feet from any other lot located in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence not less than six feet in height. (Ord. 4-62. Passed 3-12-62.)
1147.02 PARKING SPACE.
(a) When Required. In all districts, in connection with every industrial, business, institutional, recreational, residential, or other use, there shall be provided, at the time any building or structure is erected, enlarged, or increased in capacity, off-street parking spaces for automobiles in the same or a less restricted district as those in which such uses are permitted in accordance with the requirements herein.
(b) Minimum Size. Each off-street parking space shall have an area of not less than 160 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be less than 1,000 square feet in area.
(c) Access. There shall be adequate provision for ingress and egress. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading or unloading spaces required hereunder in such a manner as to secure the most appropriate development of the property in question. Such access drive shall be not less than eight feet in width in the case of a dwelling, and not less than 18 feet in width in all other cases, provided, however, that one-way aisles for either ingress or egress for uses other than dwellings may be reduced to not less than ten feet in width. Such access drive or easement shall not be located in any R District, except where provided in connection with a use permitted in an R District.
(d) Type. Parking spaces for all types of uses may be provided either in garages or parking areas conforming with the provisions of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1147.03 LOCATION OF PARKING FACILITIES.
Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building such facility is required to serve.
(a) One- and Two-Family Dwellings. On the same lot with the building they are required to serve.
(b) Multiple Dwellings. Not more than 200 feet from the building they are required to serve.
(c) Commercial and Institutional Uses. For uses located and first permitted in the B- 1, B-2, and B-3 Districts, and for hospitals, sanitariums, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses, not more than 300 feet from the building they are required to serve.
(d) Other Uses. For uses other than those specified above, not more than 1,000 feet from the building they are intended to serve.
(Ord. 4-62. Passed 3-12-62.)
1147.04 UNITS OF MEASUREMENT.
For purposes of this chapter, the following units of measurement shall apply:
(a) Floor Area. In the case of offices, merchandising or service types of uses, FLOOR AREA means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. The term FLOOR AREA does not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing, or packaging of merchandise; for show windows, offices incidental to the management or maintenance of stores or buildings, toilet or rest rooms, utilities or for dressing rooms, fitting or alteration rooms.
(b) Hospital Bassinets. In hospitals bassinets shall not be counted as beds.
(c) Places of Public Assembly; Benches. In places of public assembly in which patrons or spectators occupy benches, pews or other such seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities.
(Ord. 4-62. Passed 3-12-62.)
1147.05 CHANGES IN USE, ADDITIONS, AND ENLARGEMENTS.
Whenever in any building there is a change in use, or an increase in floor area or in the number of employees or other unit of measurement hereinafter specified for the determination of required off-street parking spaces, additional off-street parking facilities shall be provided on the basis of the increased requirements of the new use or other unit of measurement. However, in case such change in use creates a need for an increase in off-street parking spaces of less than ten percent (10%) of the parking facilities previously provided, no additional parking facilities shall be required. (Ord. 4-62. Passed 3-12-62.)
1147.06 MIXED OCCUPANCIES AND USES NOT SPECIFIED.
In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in Section 1147.09, the requirements for off-street parking facilities for a use which is so mentioned, and to which such use is similar, shall apply. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specified for joint use in Section 1147.08.
(Ord. 4-62. Passed 3-12-62.)
1147.07 COLLECTIVE PROVISION.
Nothing in this chapter shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking spaces supplied collectively shall not be less than the sum of the requirements for the various uses computed separately and provided also, that the requirements set forth in Section 1147.03 as to maximum distances between parking areas and establishments served shall apply to each such establishment participating in the collective provision of parking.
(Ord. 4-62. Passed 3-12-62.)
1147.08 JOINT USE OF FACILITIES.
(a) Not more than fifty percent (50%) of the off-street parking facilities required under this chapter for a theater, bowling alley, dance hall, or an establishment for sale and consumption on the premises of food, alcoholic beverages, or refreshments, and up to one hundred percent (100%) of such facilities required for a church or an auditorium incidental to a public or parochial school, may be supplied by off-street parking facilities provided for certain other kinds of buildings or uses specified in subsection (b) below, which are not normally open, used or operated during the principal operating hours of theaters, churches, or the aforesaid establishments, and not more than fifty percent (50%) of the off-street parking facilities required under this chapter for certain buildings or uses specified in subsection (b) below may be supplied by such facilities provided for theaters, churches, or other aforesaid establishments, provided that a properly drawn legal instrument is executed by the parties concerned for the joint use of the off-street parking facilities. Such instrument, duly approved as to form and manner of execution by the Law Director, shall be filed with the application for a building permit.
(b) Buildings or uses not normally open, used, or operated during the principal operating hours of theaters, churches, or other of the aforesaid establishments are defined as banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing buildings, and similar uses.
(Ord. 4-62. Passed 3-12-62.)
1147.09 NUMBER OF PARKING SPACES REQUIRED.
(a) Listed Uses. The number of off-street parking spaces required shall be as set forth in the following:
USE | PARKING SPACES REQUIRED |
Automobile or machinery sales and service garages | One for each 800 sq. ft. of floor area. |
Banks, business, and professional offices | One for each 400 sq. ft. of floor area. |
Bowling alleys | Five for each alley. |
Churches and schools | One for each ten seats in an auditorium or one for each 20 classroom seats, whichever is greater. |
Dance halls and assembly halls without fixed seats; exhibition halls, except church assembly rooms in conjunction with an auditorium | One for each 100 sq. ft. of floor area used for assembly or dancing. |
Dwellings | One for each family or dwelling unit |
USE | PARKING SPACES REQUIRED |
Funeral homes | Four for each parlor or one for each 50 sq. ft. of floor area. |
Furniture and appliance stores, household equipment or furniture repair shops over 1,000 sq. ft. of floor area | One for each 400 sq. ft. of floor area. |
Hospitals | One for each four beds. |
Hotels, lodging houses | One for each two bedrooms. |
Libraries, museums or art galleries | One for each 500 sq. ft. of floor area. |
Manufacturing plants, research or testing laboratories, bottling plants over 1,000 sq. ft. in area | One for each four employees on the maximum working shift or 1,500 sq. ft. of floor area, whichever is greater. |
Medical or dental clinics | One for each 200 sq. ft. of floor area. |
Motel and motor hotels | One for each living or sleeping unit. |
Restaurants, beer parlors, and night clubs over 1,000 sq. ft. in area | One for each 200 sq. ft. of floor area. |
Retail stores and shops of over 2,000 sq. ft. of floor area | One for each 200 sq. ft. of floor area. |
Sanitariums, convalescent homes and children’s homes | One for each six beds. |
Sports arenas, auditoriums, theaters, and assembly halls other than schools | One for each six seats. |
Wholesale establishments or warehouses | One for each four employees on maximum shift or for each 3,000 sq. ft. of floor area, whichever is greater |
(b) Uses Not Listed. In the case of any building, structure, or premise the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which such use is similar, shall apply.
(Ord. 4-62. Passed 3-12-62.)
1147.10 DEVELOPMENT AND MAINTENANCE OF PARKING AREAS.
Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:
(a) Screening and Landscaping. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any R District or institutional premises by a masonry wall or solid fence of acceptable design. Such wall or fence shall be not less than four feet in height and shall be maintained in good condition. In case the capacity of the parking area exceeds 30 vehicles, it shall be screened by a masonry wall of a height hereinabove prescribed.
(b) Minimum Distances and Setbacks. No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling, school, hospital, or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall, provided that parking areas for 25 or more motor vehicles, or for trucks and busses, shall also comply with the provisions of Chapter 1153. If not in an R District but adjoining such district, that part of the parking area within 50 feet of any R District shall not be located within 20 feet from the established street right-of-way line.
(c) Surfacing. Any off-street parking area for more than five vehicles shall be surfaced with an asphaltic or Portland cement binder pavement so as to provide a durable and dustless surface, shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking and storage of self- propelled vehicles. The foregoing requirements with respect to surfacing shall not apply to a parking area in any M District, if more than 200 feet distant from any R District, except that a dustless surface shall be provided in any case.
(d) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any R District.
(Ord. 4-62. Passed 3-12-62.)
1147.11 MODIFICATIONS.
The Board may authorize on appeal a modification, reduction, or waiver of the foregoing requirements if it should find that, in the particular case appealed, the peculiar nature of the residential, business, trade, industrial, or other use, or the exceptional shape or size of the property or other exceptional situation or condition would justify such action.
(Ord. 4-62. Passed 3-12-62.)
1147.12 DOWNTOWN BUSINESS DISTRICT EXEMPT.
The parking and loading space requirements of Sections 1147.01, 1147.02 and 1147.09 shall not apply to the B-2 Business District as shown on the Zoning Map, provided, that parking and loading facilities, if voluntarily established, shall comply with all standards and specifications of Section 1147.01(b) through (d) and Section 1147.10.
(Ord. 4-62. Passed 3-12-62.)
1147.13 RESTRICTED BUSINESS OR INDUSTRIAL ACCESSORY PARKING.
The Board may authorize as a conditional use, subject to the provisions of Chapter 1109, the establishment and operation of an off-street parking area in such sections of any R District which abuts, either directly or across an alley, a B or M District, subject to the following requirements:
(a) Must Be Accessory. Such parking lot shall be accessory to one or more business or industrial establishments located in such adjoining B or M District.
(b) Entrance and Exit Distance. Each entrance and exit of such parking lot shall be distant at least 20 feet from any adjacent property in any R District.
(c) Signs Prohibited. No sign of any kind shall be established and maintained on such parking lot, except signs used for the direction of traffic.
(d) Repair Work Prohibited. No automotive repair work or other services shall be conducted on such parking lot.
(e) Other Requirements. Such parking lot shall be subject to all applicable requirements of this chapter and to any additional requirements or conditions which may be determined necessary by the Board for the protection of adjacent property.
(Ord. 4-62. Passed 3-12-62.)
1149.01 GENERAL REGULATIONS.
The sanitary regulations prescribed by the State Board of Health or other authority having jurisdiction, the regulations of the Building Code and other requirements of law shall be complied with, in addition to the following regulations:
(a) Area and Yard Requirements. Trailer parks shall comply with all area and yard requirements prescribed herein; motels shall comply with all area and yard requirements prescribed for such uses in the district in which located.
(b) Lot Area Occupancy. The buildings, cabins, and trailers in any tourist camp, trailer park or motel, together with any nonaccessory buildings already on the lot, shall not occupy in the aggregate more than twenty-five percent (25%) of the area of the lot.
(c) Parking. All areas used for automobile access and parking shall comply with the applicable provisions of this chapter, provided that there shall be at least one off- street parking space for each trailer park lot and one additional space for each four such lots to accommodate guests.
(d) Speed Limit. It shall be unlawful for any type of vehicle to travel at a rate of speed in excess of ten miles per hour within any trailer park motel area, or tourist camp, except emergency vehicles on call.
(e) Entrances. No vehicular entrance to or exit from any trailer park or motel, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question does not abut.
(f) Landscaping of Unused Areas. All areas not used for access, parking, circulation buildings, and service shall be completely and permanently landscaped, and the entire site shall be maintained in good condition. A landscaped strip of land not less than ten feet in width shall be established and maintained within the trailer park along its exterior boundaries.
(Ord. 4-62. Passed 3-12-62.)
1149.02 ENLARGEMENTS AND EXTENSIONS.
(a) Zoning Certificate Required. Any enlargement or extensions to any existing motel, tourist camp, or trailer park shall require application for a zoning certificate, as if it were a new establishment.
(b) Existing Facilities to Comply. No enlargements or extensions to any motel, trailer park or tourist camp shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment.
(Ord. 4-62. Passed 3-12-62.)
1149.03 TRAILERS OUTSIDE CAMPS.
(a) Definitions. “Trailer/Recreational vehicle” which is defined herein means a vehicular portable structure that meets all of the following conditions:
(1) It is designed for the sole purpose of recreational travel.
(2) It is not used for the purpose of engaging in business for profit.
(3) It is not used for the purpose of engaging in intrastate commerce.
(4) It is not used for the purpose of commerce as defined in 49 C.F.R. 383.5, as amended.
(5) It is not regulated by the public utilities commission pursuant to Chapter 4905, 4921, or 4923 of the Ohio Revised Code.
(6) It is classed as one of the following:
A. “Travel trailer” or “house trailer” means a non-self-propelled recreational vehicle that does not exceed an overall length of forty feet, exclusive of bumper and tongue or coupling. “Travel trailer” includes a tent-type fold-out camping trailer as defined in Section 4517.01 of the Ohio Revised Code.
B. “Motor home” means a self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
C. “Truck camper” means a non-self-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. “Truck camper” does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
D. “Fifth wheel trailer” means a vehicle that is of such size and weight as to be movable without a special highway permit, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.
(b) Parking and Occupying Prohibited; Storage Requirements. Except as provided in subsection (c) below, no person shall park or occupy any trailer on any premises in any district outside an approved trailer park. The parking of an unoccupied trailer in an accessory private garage building, or in a rear yard in any district, shall be permitted, provided no living quarters are maintained or any business conducted in such trailer while so parked or stored.
(c) Two-Hour Emergency Parking. Emergency or temporary stopping or parking of a trailer shall be permitted on any street, alley, or highway for not longer than two hours, subject to any other and further prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for such street, alley, or highway.
(d) Wheels Not to be Removed. In any district, the wheels of any trailer shall not be removed, except for repairs, nor shall any trailer be otherwise permanently fixed to the ground in a manner that would prevent is removal.
(e) A trailer may not be connected to water or electricity for more than forty-eight (48) hours in a seven (7) day period.
(f) No more than one “Trailer/Recreational Vehicle” may be stored on a residential lot.
(g) A “tent type” camper must be stored in the closed position.
(h) When stored for the off-season, recreational vehicles shall be covered to a point at least halfway down the door.
(i) No trailer/recreational vehicle shall be parked or stored for a period in excess of one week when any such motor vehicle:
(1) Does not bear a current registration plate; and/or
(2) Is not in operating condition.
(3) Such recreational vehicles may be parked or stored for a period in excess of seven days if parked or stored within an enclosed building.
(j) Upon violation, a notice will be given to the homeowner that after a fifteen (15) day period, the City has the right to impound the trailer/recreational vehicle, in addition to other penalties that might be assessed.
(Ord. 60-21. Passed 12-13-21.)
1149.04 TRAILER PARK PLANS.
An application for the establishment of a trailer park shall be filed with the Zoning Inspector and must be accompanied by a scale drawing certified by a registered engineer or surveyor. Such drawing shall contain the following information:
(a) Accurate dimensions of the proposed trailer park;
(b) All roads and approaches and the method of ingress and egress;
(c) The complete electric service installation, wire service outlets, and lighting facilities;
(d) The complete location of any natural gas facilities to serve the trailer park;
(e) A complete layout of unit parking spaces and the number of square feet therein, together with the dimensions thereof; and
(f) The location of electric power or gas distribution systems, water mains, or wells for water supply outlets for domestic water users, and the location of sanitary facilities, washrooms, garbage disposal units, incinerators, sanitary sewers or septic tanks, sewer drain lines, leaching beds, and other building or structures contemplated to be used by such applicant in connection with such business.
(Ord. 4-62. Passed 3-12-62)
1149.05 DESIGN AND MAINTENANCE REQUIREMENTS FOR TRAILER PARKS.
Trailer parks shall be designed and maintained in accordance with the following requirements:
(a) Park Area. The minimum trailer park area shall be 40,000 square feet.
(b) Lot Area. The minimum lot area per trailer unit within the trailer park shall be 1,500 square feet.
(c) Lot Width. The minimum lot width per trailer unit within the trailer park shall be 30 feet.
(d) Access. Each trailer park shall abut on a public street and each trailer lot shall have direct access to a private hard surface road.
(e) Distance from Property Line. The minimum distance for each trailer from the exterior property lines shall be not less than 20 feet.
(f) Distance Between Trailers. The minimum distance between neighboring trailers shall be not less than 20 feet.
(g) Concrete Slab. Each trailer unit shall be equipped with a concrete slab of sufficient size to support the wheels and the front parking jack. Such slab shall have a minimum horizontal dimension of eight by ten feet and a minimum thickness of four inches.
(h) Utilities. Each trailer unit shall be equipped with one electric outlet. A municipal sanitary sewer and municipal water system shall be installed in accordance with City specifications. Trailer units not equipped with water and sewer facilities shall be located not more than 200 feet from a community utility building which shall provide separate toilet and shower facilities for each sex. Fire hydrants shall be 1ocated in accordance with the specifications of the National Board of Fire Underwriters.
(i) Interior Streets. The minimum roadway width of interior one-way streets with parking permitted on one side shall be 20 feet. The minimum roadway width of two-way streets with parking permitted on one side shall be 26 feet. The minimum width of two-way streets without parking permitted shall be 20 feet. Such streets shall be paved according to City specifications for residential streets and maintained in good condition and lighted at night.
(j) Recreation Areas. There shall be provided within each trailer park an adequate site for recreation for the exclusive use of the park occupants. Such recreation site shall have a minimum area in the aggregate of 100 square feet for each trailer space in the park. The recreation sites shall be of appropriate design and provided with appropriate equipment.
(k) Sanitary Sewer Connections. No trailer shall remain in a trailer park for a period exceeding 15 days without connection to the permanent sanitary sewer system of the park. (Ord. 4-62. Passed 3-12-62.)
1149.06 ADDITIONAL TRAILER PARK REQUIREMENTS.
In addition to the foregoing, the Board may impose such other conditions, requirements, or limitations concerning the design, development, and operation of such trailer parks as it may deem necessary for the protection of adjacent properties and the public interest.
(Ord. 4-62. Passed 3-12-62.)
1149.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Any such violation shall constitute a separate offense on each successive day continued.
(Ord. 60-21. Passed 12-13-21.)
1151.01 SETBACK REQUIRED.
Outdoor advertising signs and structures, where permitted, shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal building in the districts where located, provided that for every square foot by which such signs or billboards exceed 288 square feet, such setback shall be increased by ½ foot, but such setback need not exceed 75 feet from the established right-of-way line of each such street or highway in any case.
(Ord. 4-62. Passed 3-12-62.)
1151.02 NOT TO FACE R DISTRICT.
No billboard, sign, or advertising structure shall be permitted which faces the front or side lot line of any lot in any R District within 200 feet of such lot line, or which faces any public parkway, public square or entrance to any public park, public or parochial school, library, church, or similar institution, within 300 feet thereof.
(Ord. 4-62. Passed 3-12-62.)
1151.03 REAL ESTATE SIGNS.
Real estate signs advertising the sale, rental, or lease of the premises on which they are maintained shall set back from every street lot line at least a distance in feet equal to one-half the number of square feet of area of the sign, but not less than one- half the depth of the required front yard in any R District. However, such real estate sign, not exceeding six square feet in area and when attached flat against the building to which it pertains shall be permitted in any case.
(Ord. 4-62. Passed 3-12-62.)
1151.04 ANNOUNCEMENT OR PROFESSIONAL SIGNS.
Small announcement or professional signs, where permitted, shall not exceed one square foot in area, except that a church, school, community center, or other public or institutional building may have for its own use an announcement sign or bulletin board not over 12 square feet in area, which, if not attached flat against a building, shall be at least ten feet from all street lines.
(Ord. 4-62. Passed 3-12-62.)
1153.01 ENTRANCE AND EXIT REQUIREMENTS.
No gasoline filling station, parking lot for 25 or more motor vehicles, or parking garage or automobile repair shop shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library, or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
(Ord. 4-62. Passed 3-12-62.)
1153.02 OIL DRAINING PITS.
No gasoline filling station or public garage shall be permitted where any oil draining pit or visible appliance for any such purpose, other than filling caps, is located within ten feet of any street lot line or within 25 feet of any R District, except where such appliance or pit is within a building. (Ord. 4-62. Passed 3-12-62.)
1155.01 SUBMISSION OF PRELIMINARY PLAN.
The owner of a tract of land containing not less than the minimum area required in this chapter may submit to the Planning Commission for its review a preliminary plan for the use and development of such tract of land for:
(a) An integrated shopping center, provided the tract is located at or near where a proposed shopping center is shown on the Land Use Plan; or
(b) For a residential community development project, provided it is located in an R District where such project is permitted.
(Ord. 4-62. Passed 3-12-62.)
1155.02 ACCEPTANCE OF PRELIMINARY PLAN.
In accepting such a plan for review, the Planning Commission must be satisfied that the proponents of the development project intend to start construction within one year of the approval, by Council, of the project or of the effective date of any necessary change in zoning, whichever is later, and intend to complete the development within a reasonable time, as determined by the Commission. (Ord. 4-62. Passed 3-12-62.)
1155.03 INVESTIGATION OF PRELIMINARY PLAN.
It shall be the duty of the Planning Commission to investigate and ascertain whether the location, size, and other characteristics of the site in the proposed plan comply with the following conditions:
(a) Compliance with Master Plan. The proposed subject is consonant with the Comprehensive Master Plan.
(b) No Adverse Effects. The proposed project will not adversely affect neighboring property.
(c) No Traffic Congestion. The proposed project is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, and where undue congestion will not likely be created as result of the project.
(d) Integrated Design. The plan of the project provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer, as well as from the standpoint of the adjoining or surrounding existing or potential developments.
(Ord. 4-62. Passed 3-12-62.)
1155.04 SHOPPING CENTER REQUIREMENTS AND STANDARDS.
If the proposed development is for a shopping center, the Planning Commission shall be guided by the following requirements and standards:
(a) Area Requirements. The minimum site area for a neighborhood shopping center shall be two acres and the minimum site area for a shopping center larger than the neighborhood type shall be ten acres.
(b) Uses Permitted. The permitted uses in the case of a neighborhood shopping center shall be those permitted in the B-1 District; the uses permitted in larger shopping centers shall be those permitted in the B-2 District.
(c) Building Heights and Yards. Building height and yard requirements shall be the same as prescribed for the district in which the proposed project is to be located, provided that no building shall be less than 50 feet distant from any boundary of the site of the center.
(d) Site Coverage. The ground area occupied by all the buildings shall not exceed in the aggregate twenty-five percent (25%) of the total area of the site.
(e) Off-Street Parking and Loading. Notwithstanding any other provisions of this chapter, there shall be provided one off-street parking space for each 150 square feet of rental floor space, not including basement storage space; there shall be provided at least one off-street loading or unloading space for each 10,000 square feet or fraction thereof of aggregate floor space of buildings in the center. At least one-third of the loading space shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
(Ord. 4-62. Passed 3-12-62.)
1155.05 RESIDENTIAL DEVELOPMENT REQUIREMENTS AND STANDARDS.
If the proposed development is to be a residential community development project, the Planning Commission shall be guided by the following requirements and standards:
(a) Area Requirements. The minimum site area for a residential community development project shall be three acres.
(b) Uses Permitted. Permitted uses shall be those permitted in the R-3 District.
(c) Building Heights and Yards. Building height and yard requirements shall be the same as in the R-3 District.
(d) Recreation Areas. If the project contains 20 acres or more, at least five percent (5%) of the acreage of such site shall be developed as a neighborhood playground. If the site contains less than 20 acres, the required area of play lots shall be 2,000 square feet for the first 50 dwelling units, plus 30 square feet for such additional dwelling units in excess of 50.
(e) Off-Street Parking and Service Facilities. There shall be at least one off-street parking space for each dwelling unit. Service drives and other service facilities shall be located entirely within the project site.
(Ord. 4-62. Passed 3-12-62.)
1155.06 SUBMISSION OF FINAL PLAN TO COMMISSION.
On determination by the Planning Commission that the proposed development project as shown on the preliminary plan thereof conforms to the requirements of all applicable provisions of this chapter, the proponent shall prepare and submit a final development plan, which plan shall incorporate any change or modifications required or suggested by the Commission.
(Ord. 4-62. Passed 3-12-62.)
1155.07 SUBMISSION OF FINAL PLAN TO COUNCIL; HEARING.
The final development plan shall be submitted by the Planning Commission, together with its report and recommendations to Council. Council shall hold a public hearing on both the development plan and the application for any necessary change in zoning.
(Ord. 4-62. Passed 3-12-62.)
1155.08 MODIFICATION OF PLAN; ZONING CHANGE.
Following the public hearing, Council may modify the plan of the project consistent with the intent and purposes to be served by the provisions of this chapter and other provisions of this chapter, and may change the zoning of the site to the classification permitting the proposed development in conformity with the final plan as approved at that time. Minor modifications and adjustments or rearrangements of the plan may be authorized by the Planning Commission after approval and adoption by Council. (Ord. 4-62. Passed 3-12-62)
1157.01 PROHIBITED CONDITIONS.
No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other substance, condition, or element, in such a manner or in such amount as to adversely affect the adjoining premises or surrounding area, referred to herein as dangerous or objectionable elements. However, any use permitted or not prohibited by this chapter may be established and maintained if it conforms to the provisions of this chapter.
(Ord. 4-62. Passed 3-12-62.)
1157.02 EXISTING USES.
(a) Review and Investigation. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Board shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Council. In the event that the Board concurs in the allegation that there exists or are likely to be created such dangerous or objectionable elements, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practicable means of remedying such condition.
(b) Enforcement. On receipt of the findings and recommendations of such specialist or laboratory, the Board may approve, partially approve, or disapprove the measures recommended therein and instruct the Zoning Inspector to proceed with the enforcement of such measures in accordance with the provisions of Sections 1105.01 to 1105.07.
(c) Cost of Investigation. The City shall bear the costs of the various tests, consultant fees, or other investigations which are required herein, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this chapter by the Board or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within 30 days from the date of the final Board ruling or court judgment.
(Ord. 4-62. Passed 3-12-62.)
1157.03 CERTAIN NEW USES.
(a) Review of Application for Building Permit or Zoning Certificate. Applications for building permits or zoning certificates, together with plans and specifications for the manufacture or processing of materials listed in subsection (b) below, and of such other uses which may be of similar characteristics in the opinion of the Zoning Inspector, shall be referred by him to the Board. The Board, in cases where indicated, shall cause such plans and specifications to be examined by a competent specialist or laboratory in the manner prescribed in Section 1157.02.
(b) Uses Subject to Review. The following uses shall be subject to such performance standard review:
(1) Manufacturing. Manufacturing involving primary production of the following products from raw materials: asphalt, cement, charcoal, fuel briquettes; aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and boneblack creosote, hydrogen and oxygen, industrial alcohol, nitrates of explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, and hydrocholoric, nitric, phosphoric, picric, and sulphuric acids; coal, coke and tar products; explosives, fertilizers, gelatin, animal glue, and size; gas manufacturing, unless incidental to a principal use; turpentine, matches, rubber, soaps, and fat rendering.
(2) Processing. Processing involving the following: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting of metal or metal ores; refining of petroleum products, such as gasoline, kerosene, naphtha, lubricating oil, distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins; melting and alloying of metals; stockyards and slaughter houses, except for poultry; slag piles; storage of fireworks or explosives, except where incidental to a permitted principal use.
(c) Continual Compliance. Any use authorized under the provisions of this chapter shall comply continually therewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.
(d) Costs of Review. The applicant shall bear the actual costs of all tests and investigations required under this section, which shall be in addition to the usual building and zoning permit fees prescribed by this chapter.
(Ord. 4-62. Passed 3-12-62.)
1158.01 DEFINITIONS.
(a) Wireless Telecommunication Antennas shall mean the physical device of which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission (FCC) are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(b) Wireless Telecommunication Equipment Shelter shall mean the structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
(c) Wireless Telecommunication Facility shall mean a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with the land-base telephone lines for provision of personal wireless services.
(d) Wireless Telecommunication Tower shall mean any structure that elevates the wireless communication antenna and may include accessory transmission and receiving equipment.
(Ord. 21-16. Passed 6-27-16.)
1158.02 LOCATION CRITERIA.
Wireless telecommunications facilities, towers, and related structures may be located in any zoning district, other than residential districts, as established by Coshocton City Code and located according to the Official Zoning Map, as a conditional use. Said facilities are only permitted in residential zoning districts as set forth below. Generally, wireless telecommunications towers are objectionable in residential areas because their use is industrial in nature, and may be objectionable in the community at large because they are frequently considerably taller that surrounding structures, causing them to be seen from long distances. Their location is therefore regulated as permitted by the Federal Telecommunications Act of 1996, as may from time to time be amended. Prior to approval, the provider shall demonstrate by clear and convincing evidence that if towers and related wireless telecommunications facilities are located in the City of Coshocton, they shall not adversely affect the natural or man-made environment or the architectural setting, and that their location shall not pose a reasonable risk to the health and safety of residents.
(a) Priority. In order to accommodate the communications needs of residents and businesses while protecting the health, safety, and general welfare, the City of Coshocton recommends and encourages the placement of wireless telecommunications facilities and towers in non-residential areas, in the following order of preference:
(1) City-owned property.
(2) Industrial areas.
(3) Quasi-public areas.
(4) Business districts, excluding the Old Town Coshocton and Roscoe Village.
(5) Other non-residential districts deemed appropriate by review of the Planning Commission and approval of City Council.
(b) Sole use on a lot. A wireless telecommunications tower and related facilities are permitted as the sole use on a lot, and may be permitted, by approval of the appropriate Board, on lots containing other uses where existing structures enable co-usage, including on City-owned property.
(c) Placement in residential zoning districts. In order to locate wireless telecommunications towers and related facilities in residential zoning districts, the applicant service provider shall demonstrate to the appropriate Board that there are sound technical and geographic reasons for doing so, such as: (i) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within Coshocton or neighboring communities have proven ineffective, or (ii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in a residential zoning district.
(d) Co-location and co-usage. In all districts, co-location and co-usage shall be explored as the primary means of locating towers and/or antennas. When a wireless telecommunications facility is located in conformity with this section, and the antenna(s) is (are) placed as a co-usage and is (are) attached to an institutional, recreational, public utility, office, industrial, or commercial structure or building, equipment and apparatus supporting a facility shall be stored on the premises inside the wireless telecommunications equipment building or other structure on the premises of the facility.
(e) Setbacks. For purposes of this section only, any provision of this Planning and Zoning Code notwithstanding, the setback for a tower of any variety, including monopole, shall be measured from the base of the tower at the point where it is placed in the ground to the property line. The exception to this regulation is when a tower or antenna is placed or affixed as a co-usage, in which case the setback shall be measured from the base of the tower or antenna at the point where it is placed on the existing structure to the property line.
(1) An equipment building and all other structures, except the tower, shall be set back the minimum distance required in the zoning district.
(2) Except as otherwise provided herein, in industrial zoning districts, the setback for the tower shall be at least fifty percent of the total height of the tower. A minimum of seventy-five feet shall be required.
(3) Except as otherwise provided herein, in non- industrial zoning districts, the setback for the tower shall be seventy-five percent of the total height of the tower. A minimum of seventy-five feet shall be required.
(4) In any zoning district where the lot on which a tower is located abuts another lot on which is located a school of any type, including institutions of higher learning beyond high school level, public or private parks (but not including golf courses), hospitals, playgrounds, day care centers, health centers, or other human services and educational uses, the setback for a tower shall be equal to the total height of the tower.
(5) In any zoning district where a lot on which a tower is located abuts any lot within a residential zoning district of any classification, the setback for a tower shall be equal to the total height of the tower.
(6) Guy wires may be anchored within the required setback area only if the tower itself is placed in conformity with this section regarding setbacks, but guy wires and other similar supporting devices shall be not less than ten feet from any adjoining lot, regardless of the underlying zoning district.
(f) Amateur radio towers. Towers supporting amateur radio antennas and conforming to all applicable provisions of this section shall be permitted in residential zoning districts, but not as a sole use of a lot, and only in the rear yard of such parcels, as defined in this Planning and Zoning Code.
(g) Government placement. The City of Coshocton may locate wireless telecommunications towers and related facilities in residential zoning districts, even as the sole use of the lot, but only on publicly owned property. The City of Coshocton may contract with private wireless telecommunications service providers to locate a tower and related facilities on City-owned property in residential zoning districts, provided that all provisions of this section are followed.
(h) Open space. Wireless telecommunications towers and related facilities are permitted on land which has been established as permanent open space or a park, subject to the following conditions:
(1) In order to locate wireless telecommunications towers and related facilities in permanent open space or park lands, the applicant/service provider shall demonstrate to the appropriate Board that there are sound technical and geographic reasons for doing so, such as: (i) written verification that offers to co-locate with other providers or placement as a co-usage with other structures within the City of Coshocton or neighboring communities have proven ineffective, or (ii) evidence that, in order to provide wireless telecommunications services to the residents and businesses in a manner that serves their best interests, such towers and facilities may only be placed in open space or in park lands.
(2) The open space shall be owned and overseen by the City of Coshocton, the State of Ohio, the United States of America, other governmental or quasi-governmental agencies, a private homeowners association, or a private, non-profit conservation organization.
(3) In permanent open space or park lands, all towers shall be camouflaged using the best and most advanced techniques possible.
(4) Other setback provisions of this section notwithstanding, the tower shall be set back a minimum of 200 feet from any single family residential zoning district.
(i) Subordinate to surrounding uses. Towers and related wireless telecommunications facilities shall be placed, constructed, and modified subordinate and in deference to the use of private, residentially zoned or used property, by minimizing the visual effect on residential properties, and to minimize the visual, often unattractive, impact towers and related wireless telecommunications facilities create when viewing them from a distance.
(Ord. 21-16. Passed 6-27-16.)
1158.03 DESIGN CRITERIA.
(a) Co-location ability. Any wireless telecommunications tower shall be designed, structurally and electrically, to accommodate both the applicant's antenna and, at a minimum, comparable antennas for at least two additional service providers if the tower is at least 100 feet in total height, or for one additional service provider if the tower is at least thirty feet in total height. Towers shall be designed to allow for future rearrangement of antennas on the tower and to accept antennas mounted at various heights.
(b) Maximum height. The maximum height of a tower shall not exceed 200 feet, unless a technically sound and required reason for locating a higher tower is demonstrated to the satisfaction of the appropriate Board and the City Council to be in order, on a case by case basis, by the wireless telecommunications service provider making the request. Approval for other similar projects does not necessarily constitute a technically sound and required reason for subsequent projects; therefore, service providers are cautioned to develop proof and reasoning independent of other projects. When a higher tower is required by a provision of law consistent with the Telecommunications Act of 1996, as may from time to time be amended, the provider shall submit written verification of such fact. Towers less than 200 feet in height are especially encouraged. Wireless telecommunications towers higher than 200 feet or located within 2,500 feet of any airport runway, public or private, shall be registered with the FAA. The provider/operator of such tower shall submit written verification of such registration with the FAA.
(c) Underground facilities. Underground wireless telecommunications equipment buildings are especially encouraged, especially on zoning lots in, or abutting, residential zoning districts where a tower is placed. (Ord. 21-16. Passed 6-27-16.)
1158.04 AESTHETICS.
(a) Landscaping. All towers and related wireless telecommunications facilities shall be located in a landscaped setting. A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facility and the public right-of-way, residential zoning district, and any adjacent residential use, regardless of the underlying zoning district thereof. Such buffer area shall, at a minimum, consist of dense foliage and vegetation, of at least partially evergreen species, not less than six feet in height. Landscaping shall be continuously maintained and promptly reconditioned, if necessary. Other landscaping may be required by the City. The arrangement of landscaping and the overall design thereof within a zoning lot on which a wireless telecommunications tower and related facility is placed may be considered by the City.
(b) Fencing. Fencing shall be provided for appearance, public safety, and personal security, according to the following requirements:
Minimum (in ft.) | Maximum (in ft.) | |
(1) Height. Any residential zoning district
| 6 | 8 |
Any commercial zoning district | 6 | 8 |
Any industrial zoning district | 6 | 8 |
(2) Type. In any zoning district, the fencing shall consist of a chain link fence. Fencing in an industrial zoning district may be capped with barbed wire a maximum of twelve inches. The barbed wire portion, if any, shall be included in the measurement of the total height of such fencing.
(3) Color. Fencing may be unpainted or painted to blend into the surrounding area.
(4) Security. Access to the tower and related wireless telecommunications facilities shall only be through a locked gate, properly maintained and secured twenty-four hours per day. The City of Coshocton shall not be responsible for any damage to the tower or other auxiliary structures, and shall be held harmless from any liability of any kind relating to damage, destruction, misfeasance of the tower or auxiliary structures, and from any personal injury to any party.
(c) Illumination. Lighting shall be required for that part of towers in excess of 100 feet, or as otherwise required by the FAA. When such lighting is required by the FAA or other governmental authority, and the zoning lot on which a tower is located abuts any residential zoning district, it shall be oriented inward of the zoning lot and shall not project, or be cast, onto any or all abutting zoning lots within residential zoning districts. Except as previously detailed or as required by law or safety factors as determined by the City of Coshocton, an antenna or tower shall not be illuminated, and lighting fixtures or signs, other than those sanctioned by this section, shall not be attached to an antenna or tower. Security lighting shall be permitted for the wireless telecommunications equipment building and other auxiliary structures. Any permitted lighting shall be situated and directed so as not to emit light directly or indirectly onto any adjoining residential property, and, in any zoning district, such lighting shall be designed, placed, and directed to minimize its emission and glare onto any adjoining property.
(d) Signs, symbols/logos, advertising, identification. Identification of towers and related wireless telecommunications facilities shall be permitted if required by the FCC, the FAA, the Federal or State EPA, OSHA, or other governmental agency for regulation or identification purposes, as necessary, pursuant to the Federal Telecommunications Act of 1996, as may from time to time be amended, or other applicable law. The City of Coshocton shall be permitted to require identification signs. A tower or related wireless telecommunications facility shall contain no symbols/logos. The fencing surrounding the wireless telecommunications equipment building shall contain the appropriate number of signs to warn the public of danger and, also, at least two signs stating "NO TRESPASSING", and a sign identifying the wireless telecommunications service provider, of a type, size, and color as approved by the City. No advertising whatever shall be permitted on towers or related wireless telecommunications facilities, unless required by law. All such signs shall be permanently attached to the tower or other wireless telecommunications structure and shall be placed at least four feet above grade. The only colors permitted shall be black, white, red, yellow, orange, or any combination of these colors. Signs shall not be illuminated in any manner. Luminous paint may be used on signs, if approved by the City.
(e) Camouflaging.
(1) The City may require additional landscaping as part of a camouflage plan. Camouflaging of towers is especially encouraged in all zoning districts, but shall be required using the most advanced techniques possible in all residential zoning districts.
(2) Camouflaging may take the form of erecting a tower which resembles or mimics another object, such as a tree or flag pole. Camouflaging may also consist of placing antennas on existing structures such as water towers or buildings in such a way that they are not easily detected and cannot be seen by the naked eye from a long distance.
(3) A building or other structure may be a prop only, that is, unused and unusable as anything but a device to camouflage an antenna. It shall be aesthetically pleasing and maintained continuously.
(4) Camouflaging, whatever variety and however employed, shall be of a type compatible with the immediate surrounding area and the City at large in color, design, material, appearance, and its method of mimicry. For example, an artificial oak tree, 100 feet in height would satisfy this requirement. An artificial palm tree would not.
(5) Antennas may be placed on facades of buildings if colored and designed to match the color, texture, and style of the building to which it is attached, and shall be attached at least twenty-five feet above grade.
(6) Wireless telecommunications towers and related facilities shall not be located in the district known as "the Old Town Coshocton or Roscoe Village" or any other district which shall become so designated as a historically and/or architecturally significant district, or as a special district recognized and set apart as significant to the community's heritage or traditions, unless it is proven that in order to provide wireless telecommunications service, such towers or facilities may not be located elsewhere within the City of Coshocton.
(7) Colors of towers. All towers of any type shall be of a color which blends into the natural color of the immediate area or skyline, but shall not be painted at all, if by coloring the tower, it would be more visible to the naked eye from a long distance than if it were erected in the ordinary tone of its construction materials, such as the grayish color of galvanized steel. If towers are painted, they shall be maintained within the requirements of the City's property maintenance codes.
(8) A non-refundable fee of $1,000.00 shall be paid to the City of Coshocton for review of the application for a telecommunication tower by the Planning Commission. In addition, applicant shall be responsible for fees incurred to hire an outside contractor to review plans. All other permits & fees must be obtained and paid prior to erection, if the tower is approved.
(9) No person shall construct, erect, maintain, extend or remove a wireless telecommunication facility in the City without compliance with the provisions of this Code.
(Ord. 21-16. Passed 6-27-16.)