Defiance City Zoning Code
CHAPTER 1173
General Development Standards
1173.01 MEASUREMENTS, COMPUTATIONS, AND EXCEPTIONS.
(a) Distance Measurements. Unless otherwise expressly stated, distances specified in this code are to be measured as the length of an imaginary straight line joining those points.
(b) Lot-Area Measurements. The total area of a lot includes the total horizontal surface area within the lot's boundaries.
(c) Reduction in Area Prohibited. No lot, yard, court, parking, or other space shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this code unless approved as part of a PUD; and, if already less than the minimum required by this code, said area or dimensions shall not be further reduced.
(d) Setbacks and Yards.
(1) Measurements. Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code (see Subsection 1173.01(d)(4) Architectural Projections). (See Figure 1173.01-1.)
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Figure 1173.01-1: Measurement of front yard setback
(2) Yards Required for Buildings. A yard or other open space required for a building shall not be included as part of a yard or other open space for another building.
(3) Front Yard Modifications. In any residential district, no front yard depth shall be required to exceed the average minimum depths of the existing front yards on the lots adjacent to each side, if each of such lots is within the same block and within 100 feet of the principal building. Modification of the front yard in accordance with this section will not create a nonconforming lot unless the lot or structure does not meet other applicable provisions of this code. See Figure 1173.01-2.
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Figure 1173.01-2: Illustration of the averaging of front yard setbacks. For example, in a district with a minimum front yard setback requirement of 50 feet, smaller setbacks may be allowed if the average front yard setbacks of surrounding properties are less than 50 feet.
(4) Architectural Projections.
A. Cornices, eaves, sills, canopies, or similar architectural projections may extend or project into required side yards not more than two (2) inches for each one (1) foot of width of such side yard, and may extend or project into a required front or rear yard not more than thirty (30) inches.
B. Bay windows and chimneys may project into a required front, side or rear yard not more than eighteen (18) inches, provided that the side yard is not reduced to less than eight (8) feet.
C. Open structures, such as porches, balconies, platforms, carports, and covered patios, shall be considered a part of the building to which they are attached and shall not project into the required minimum front, side, or rear yard.
D. Ramps, elevators, escalators, and similar improvements or devices constructed or installed to provide access by persons with disabilities may extend or project into a required front, side or rear yard to the extent necessary to conform the accessibility device to design and materials specifications set forth in regulatory standards promulgated under the authority of the Americans with Disabilities Act.
(e) Interior Lots.
(1) The required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. See Figure 1173.01-3.
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Figure 1173.01-3: Typical yard locations on an interior lot.
(2) The lot line located directly behind the rear of the structure, as determined by the zoning commissioner, shall be the rear lot line and the rear yard setback shall be applied. See Figure 1173.01-3.
(3) All other lot lines shall be considered the side lot lines and the side yard setback shall be applied. See Figure 1173.01-3.
(f) Corner Lots.
(1) Lots having a frontage on more than one street shall have the required front yard setback along each street. See Figure 1173.01-4.
(2) On any corner lot, in any district except the B-2 District, no fence, structure or planting shall be erected or maintained within 20 feet of the corner right-of-way at a height between two feet, six inches and 10 feet above the curb or street grade, or so as to interfere with traffic visibility across the corner. See Figure 1173.01-4.
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Figure 1173.01-4: Typical yard locations for a corner lot.
(g) Panhandle Lot. Panhandle lots are not permitted.
(h) Double Frontage Lot.
(1) Where a lot is considered a double frontage lot, the required minimum front yard setback shall be provided from both streets. See Figure 1173.01-5.
(2) The remaining lot lines shall be considered side lot lines and the side yard setback shall be applied to those lot lines. See Figure 1173.01-5.
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Figure 1173.01-5: Yard locations on double frontage lots.
(i) Cul-de-Sac or Curved-Street Lot.
(1) For a cul-de-sac lot or a lot abutting a curved street, the front yard setback shall follow the curve of the front property line. See Figure 1173.01-6.
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Figure 1173.01-6: Setback line of a lot with frontage on a curved street or cul-de-sac.
(2) Lots on a cul-de-sac shall be required to have a minimum lot width of forty (40) feet measured at the right-of-way line.
(3) On a cul-de-sac or curved roadway, the required 40-foot street frontage is to be measured at the street right-of-way on the curve of the cul-de-sac or curved roadway.
(Ord. 8592. Passed 7-2-24.)
1173.02 DIMENSIONAL STANDARDS.
(a) Dimensional Requirements for Dwellings.
(1) Yard, Area, and Height Requirements. Table 1173.02-1: Yard, Area, and Height Requirements For Dwellings establishes the minimum allowed dimensional requirements for dwellings by district.
TABLE 1173.02-1: YARD, AREA, AND HEIGHT REQUIREMENTS FOR DWELLINGS | |||||||||
DISTRICT | TYPES OF DWELL-INGS | MINIMUM LOT WIDTH | MINIMUM LOT AREA (PER UNIT) | FRONT YARD [1] | REAR YARD | EITHER SIDE YARD | SUM OF SIDE YARDS | MAXI-MUM STORIES | MAXI-MUM BUILDING HEIGHT |
A-1 | Any | 300' | 3 Acres | 60' | 20' | 25' | 60' | 3 | 45' |
R-1 | One-Family[2] | 85' | 12,000 SF | 25' | 30' | 8 | 20' | 3 | 45' |
Two-Family | 105' | 7,500 SF | 25' | 30' | 12' | 25' | 3 | 45' | |
R-2[4] | One-Family[2] | 60' | 7,500 SF | 25' | 30' | 8' | 20' | 3 | 45' |
Two-Family | 80' | 5,000 SF | 25' | 30' | 10' | 25' | 3 | 45' | |
R-3 [3] [4] | One-Family[2] | 60' | 6,000 SF | 25' | 30' | 8' | 20' | 3 | 45' |
Two-Family | 80' | 4,000 SF | 25' | 30' | 10' | 20' | 3 | 45' | |
Multi-Family | 100' | [5] | 25' | 30' | 12' | 25' | 3 | 45' | |
R-4 | Mobile Home | 300' | See Subsection 1169.08(a)(3) Mobile Home Parks for requirements. | ||||||
O-R | Multi-Family | 100' | 3,300 SF | 30' | 30' | 15' | 30' | 3 | 45' |
NOTES:
[1] Maximum percentage of lot coverage with buildings is 35%.
[2] Zero lot line development may be allowed as a planned unit development per Subsection 1171.07.A.
[3] There shall be 5% space for recreation purpose, set aside for occupants.
[4] The minimum lot area and frontage requirements shall not apply to Lots 1 through 84 of S. & S. Ranchland Heights Third
Revised Subdivision.
[5] Minimum lot requirements per dwelling unit for multi-family developments in the R-3 District are as follows:
One bedroom unit: 1,600 SF
Two bedroom unit: 2,000 SF
Three or more bedroom unit: 2,500 SF | |||||||||
(2) Floor Area Requirements.
A. The floor area per unit, in dwellings erected on any lot, shall not be less than that shown in Table 1173.02-2: Minimum Floor Area Per Dwelling Unit.
TABLE 1173.02-2: MINIMUM FLOOR AREA PER DWELLING UNIT | ||||
DISTRICT | ONE AND TWO- FAMILY DWELLINGS | EFFICIENCIES | 1 BEDROOM UNIT | 2+ BEDROOM UNIT |
A-1 | 800 SF | --- | --- | --- |
R-1 | 1,100 SF | --- | --- | --- |
R-2 | 900 SF | 600 SF | 750 SF | 900 SF |
R-3 | 750 SF | 500 SF | 650 SF | 750 SF |
R-4 | 400 SF | --- | --- | --- |
O-R | --- | 500 SF | 650 SF | 750 SF |
B. Residential floor area, for the purpose of this table, shall include all interior areas, specifically including stairways, halls, and closets, but not including basements, porches, garages, breezeways, or carports.
(3) Exceptions to Height Regulations for Multi-Family Dwelling Buildings and Structures.
A. Multi-family dwelling buildings with a height in excess of the maximum heights specified in Table 1173.02-1: Yard, Area, and Height Requirements For Dwellings shall be permitted, provided that the required front, side, and rear yards are increased by one foot for each foot of additional building height above the specified maximum height.
B. The height regulations prescribed in Table 1173.02-1: Yard, Area, and Height Requirements For Dwellings shall not apply to television and radio towers; water, fire, stage, cooling, ornamental, or other towers; and chimneys, silos, church spires, smokestacks, conveyors, flagpoles, and other like structures; except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.
(b) Dimensional Requirements for Nonresidential Buildings.
(1) Yard, Area, and Height Requirements. Table 1173.02-3: Yard, Area, and Height Requirements for Nonresidential Buildings establishes the minimum allowed dimensional requirements for nonresidential buildings by district.
TABLE 1173.02-3: YARD, AREA, AND HEIGHT REQUIREMENTS FOR NONRESIDENTIAL BUILDINGS | ||||||||
DISTRICT | MINIMUM LOT WIDTH | MINIMUM LOT AREA | FRONT YARD [1] | REAR YARD | SIDE YARD | MAXI-MUM LOT COVER-AGE | MAXI-MUM STORIES | MAXI-MUM BUILDING HEIGHT |
F-P | 300' | 3 Acres | 60' | 60' | 50' | 20% | X | X |
S-1 | 300' | 3 Acres | 60' | 60' | 50' | 20% | X | X |
A-1 | 300' | 3 Acres | 60' | 60' | 50' | 10% | 3 | 45' |
R-1 | 150' | 2 Acres | 50' | 50' | 30' | 20% | 3 | 45' |
R-2 | 100' | 1 Acre | 40' | 40' | 30' | 25% | 3 | 45' |
R-3 | 100' | 20,000 SF | 30' | 30' | 20' | 30% | 3 | 45' |
R-4 | See Subsection 1169.08(a)(3) Mobile Home Parks for requirements. | |||||||
B-1 | 60' | 7,500 SF | 30' | 20' | --- | 50% | 3 | 45' |
B-2 | --- | --- | --- | 20' | ---— | 100% | X | X |
B-3 | 100' | 20,000 SF | 40' | 20' | 15' | 40% | X | X |
B-4 | 400' | 5 Acres | 60' | 40' | 30' | 30% | X | X |
O-R | 100' | 16,000 SF | 40' | 30' | 15' | 30% | X | X |
M-1 | 200' | 1 Acre | 50' | 40' | 30' | 30% | X | X |
M-2 | 200' | 2 Acres | 40' | 40' | 20' | 50% | X | X |
M-3 | 200' | 2 Acres | 50' | 40' | 30' | 40% | X | X |
NOTES:
X = Unlimited
[1] Except along major thoroughfares where the minimum front yard setback shall be 50 feet (see Subsection 1173.02(c). Any subdivision adjacent to a limited access state highway must have ODOT approval. | ||||||||
Per Subsection 1175.04(e). Design Standards for Off-Street Parking Areas, all vehicular use areas in nonresidential districts shall be a minimum of five feet from any lot line or street right-of-way. | ||||||||
(2) Yard Requirements for Nonresidential Uses Abutting Residential Districts.
A. Nonresidential buildings or uses shall not be located or conducted closer to any lot line of a residential district than the distance specified in Table 1173.02-4: Minimum Yard Requirements for Nonresidential Uses Abutting Residential Districts, except as provided in Subsection 1173.02(b)(2)B.:
TABLE 1173.02-4: MINIMUM YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS | |
MINIMUM DEPTH OF YARD ABUTTING A RESIDENTIAL DISTRICT | USE |
25' | Off-street parking and loading spaces
Access drives for nonresidential uses |
50' | Religious place of worship
School
Public or semi-public buildings |
60' | Recreation and entertainment facilities
Hotels and Motels
Trailers and mobile home parks
Commercial uses not subject to Section 1173.05 |
100' | Outside sales or storage of building materials or
construction equipment
Commercial uses subject to Section 1173.05
Industrial uses |
500' | Auto and metal salvage operations
Mineral, gravel or sand extraction |
B. For nonresidential uses abutting residential districts, the minimum yard requirements may be reduced by fifty percent (50%) of that shown in Table 1173.02-4: Minimum Yard Requirements for Nonresidential Uses Abutting Residential Districts if the owner or option holder on the lot secures written approval of fifty-ome percent (51%) of the property owners within 200 feet of the lot on which the nonresidential use is proposed. Acceptable plans shall be provided for landscaping, screening, and fencing, free of advertising, by masonry or solid fence wall, designed to minimize glare, noise, odors, or other objectionable influences, as designated in Sections 1177.06 Screening Requirements, 1173.05 Performance Standards, and other applicable sections of this code.
(c) Setbacks for Buildings on Expressways and Arterial and Collector Streets. Along any expressway, highway, bypass, arterial street, or collector street, as designated in the current edition of the Major Thoroughfare Plan, no building or accessory building shall be located within fifty (50) feet from the existing right-of-way of the thoroughfare, or any proposed right-of-way line on the Major Thoroughfare Plan.
(Ord. 8592. Passed 7-2-24.)
1173.03 OUTDOOR LIGHTING.
(a) Photometric Plan.
(1) An outdoor lighting plan, including a photometric plan, shall be required for the installation or modification of exterior lights for any project requiring site plan review to ensure compliance with the requirements of this section. See Section 1165.06 Site Plan Review.
(2) The applicant must provide a plan that identifies the location, height, and type of luminaires, and shows how the applicant intends to comply with this section.
(b) Outdoor Lighting Standards.
(1) General Standards.
A. The placement of light poles within raised curb planting areas or landscaped islands is encouraged, provided that conflicts with landscaping trees that can obscure the lighting are avoided through the use of alternative lighting locations.
B. All wiring, fittings, and materials used in the construction, connection, and operation of electrically illuminated signs shall be in accordance with the provisions of the national electrical code in effect.
C. Outdoor lighting shall not be designed or located in such a way as to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district.
D. In all nonresidential districts, all light fixtures within 20 feet of an adjacent residential lot shall be a full cutoff light fixture. See Figure 1173.03-1 for an illustration of cutoff and non-cutoff fixtures.
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Figure 1173.03-1: Cutoff and non-cutoff lighting.
E. All outdoor lighting for nonresidential uses shall be located, screened, or shielded so that adjacent lots or streets located in residential districts are not directly illuminated.
F. No outdoor lighting shall be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians.
G. Exterior lighting, both building lighting and site lighting, shall minimize the impact of ambient light on the surrounding community.
(2) Height of Lighting.
A. The maximum height of a light fixture, either mounted on a pole or on a structure, is established in Table 1173.03-1: Maximum Height of a Light Fixture.
B. In no case shall a light fixture mounted on a structure be mounted at a height where the fixture will exceed the height of the roof line.
C. The base of the light fixture shall be included when measuring fixture height.
D. Wall pack fixtures on buildings are permitted but shall be restricted to cutoff fixture types to direct the light vertically downward.
TABLE 1173.03-1: MAXIMUM HEIGHT OF A LIGHT FIXTURE | ||
DISTRICT | MAXIMUM NUMBER OF NON-CUTOFF LIGHTING | MAXIMUM HEIGHT OF 90 DEGREE CUTOFF LIGHTING |
All Residential Zoning Districts | 8 feet | 12 feet [1] |
All Nonresidential Zoning Districts | 16 feet | 30 feet |
NOTES:
[1] When the bulb, lamp, or light source is completely recessed and/or shielded from view by an observer at five feet above grade, the maximum height may be increased to 15 feet. | ||
(c) Illumination Standards. The maximum illumination permitted at the property line in each district type, as demonstrated by a photometric drawing, shall be as established in Table 1173.03-2: Maximum Illumination Level at the Property Line.
TABLE 1173.03-2: MAXIMUM ILLUMINATION LEVEL AT THE PROPERTY LINE | |
ADJACENT DISTRICT | MAXIMUM ILLUMINATION AT THE PROPERTY LINE (AVERAGE FOOTCANDLES) |
All Residential Zoning Districts | 0.5 |
All Business or Industrial Districts | 0.5 when adjacent to a residential use or 2.5 when adjacent to a lot in a nonresidential district |
(d) Building Ornamentation and Accentuation. Utilization of lighting to accentuate key architectural elements of a building or development is permitted.
(1) In no case shall such lighting flash or blink intermittently.
(2) Any such lighting source located on the side of a building that faces an adjoining residential use or zoning district shall be effectively screened from view of the residential use or zoning district.
(e) Nonconforming Outdoor Lighting.
(1) The nonconforming use of lighting may continue until the luminaire (total fixture, not just the bulb) is replaced, at which point, the lighting shall be subject to all standards of this subsection with the exception of maximum height.
(2) When a nonconforming lighting fixture, including the pole or support, is removed, the lighting fixture shall lose its legal nonconforming status and all new lighting shall be subject to all standards of this section.
(Ord. 8592. Passed 7-2-24.)
1173.04 ARCHITECTURAL DESIGN STANDARDS.
(a) Purpose. The purpose of this section is to encourage development that contributes to the City of Defiance's physical character, enhancing it in appropriate ways. The architectural design of multi-family dwellings and nonresidential development, particularly large-scale developments, determines much of the character and attractiveness along the thoroughfares of the city, and the gateways to the community.
(b) Applicability. The standards of this section shall apply to all development requiring site plan review per Section 1165.06 Site Plan Review, including principal buildings and accessory buildings.
(c) Architectural Standards for Multi-Family Dwellings.
(1) Applicability. The standards of this subsection shall apply to all structures that contain three or more dwelling units that require review per Section 1165.06 Site Plan Review.
(2) Design of Front Facades.
A. Front facades fifty (50) feet wide or wider shall incorporate wall offsets in the form of projections and/or recesses in the façade plan a minimum of every forty (40) feet of façade frontage. See Figure 1173.04-1.
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Figure 1173.04-1: Façade offsets.
B. Wall offsets shall have a minimum depth of two (2) feet.
C. In addition to wall offsets, front facades shall provide a minimum of three of the following design features for each façade that faces onto a public or private street:
1. One or more dormer windows or cupolas;
2. A recessed entrance;
3. A covered porch;
4. Pillars, posts, or pilasters;
5. One or more bay windows with a minimum twelve (12)-inch projection from the façade plane;
6. Eaves with a minimum of six (6) inch projection from the façade plane; and/or
7. A parapet wall with an articulated design, which entails design variation rather than a simple rectilinear form.
(d) Architectural Standards for Nonresidential Buildings.
(1) Applicability. The standards of this section apply to nonresidential buildings in developments requiring review per Section 1165.06 Site Plan Review. These standards do not apply to the CO College Overlay District which is regulated by Section 1169.09 or to the B-2 Central Business District which is regulated by Subsection 1173.04(e).
(2) Purpose.
A. The purpose of the architectural design standards is to ensure new construction and additions to existing buildings are well designed, detailed, and crafted to embody high standards of architectural design, and to ensure the long-term viability of nonresidential and mixed use structures in the City.
B. The architectural design of nonresidential development determines much of the character and attractiveness along the major thoroughfares in the City.
C. These standards require a basic level of architectural variety, compatible scale and mass to surrounding development, and mitigation of negative impacts.
D. Architectural style is not restricted, but the evaluation of the project's appearance shall be based on the quality of its design and its relationship to the prevailing design characteristics of the surrounding neighborhood.
(3) Requirements for all Nonresidential Buildings.
A. Buildings should generally be parallel to the street they front unless an alternate orientation is consistent with existing adjacent development and is approved by the planning commission during site plan review (see Section 1165.06 Site Plan Review).
B. The primary entrances of buildings shall be oriented:
1. Towards a primary street along the perimeter of the development; or
2. Towards a public space, if located adjacent to the proposed project; or
3. Towards streets in the interior of the development if none of the building's facades has frontage on a public street; or
4. As approved by the planning commission during a site plan review (see Section 1165.06 Site Plan Review).
C. Building Facades.
1. Blank building walls facing streets are prohibited. This requirement shall not apply to those walls that are not visible from a street and only visible from an alley, the rear yard of another nonresidential or mixed-use site, or completely hidden due to topography or natural features preserved as open space.
2. Front facades fifty (50) feet wide or wider shall incorporate wall offsets of at least two (2) feet in depth (projections or recesses) a minimum of every forty (40) feet. Each required offset shall have a minimum width of twenty (20) feet.
3. The following alternatives can be used in place of the required front façade offsets:
a. Façade color changes following the same dimensional standards as the offset requirements; or
b. Pilasters having a minimum depth of one foot, minimum width of one (1) foot, and a minimum height of eighty percent (80%) of the façade height.
D. Multi-Sided Architecture for Nonresidential Uses. Although the front façade of a building is expected to be the focal point in terms of the level of architectural character and features, all sides of a building that are visible from a public roadway, or an adjacent building that are not subject to buffering requirements in Section 1177.05 Landscape Buffer Requirements, shall incorporate architectural detailing on all facades that is consistent with the front façade.
E. Building Materials.
1. Exterior building facades shall be constructed of high-quality building materials that may include, but are not limited to:
a. Brick, predominantly red brick;
b. Glass;
c. Wood;
d. Stone, to include, cut natural stone, natural field stone and cast stone;
e. Stucco;
f. Decorative Concrete Masonry Units;
g. Exterior Insulation and Finish Systems (EIFS) type finish; or
h. Equivalent products.
2. Predominant exterior building materials shall not include:
a. Common concrete blocks;
b. Smooth-faced concrete panels;
c. Sheet metal; or
d. Plywood, particle board, medium or high density fiber board, oriented strand board or similar sheet goods manufactured of wood or reconstituted wood.
3. Facades shall be of low-reflectance materials and finished in subtle, neutral or earth tone colors that are harmonious with the overall appearance, history and cultural heritage of the area. Building trim, accent areas and signage may feature brighter colors, including primary colors, when complementary to the coloration of the primary facade and consistent with the architectural design of the building.
F. All rooftop mechanical equipment shall be screened with parapets that are architecturally integral to the building. Mechanical roof screens are not acceptable. Rooftop equipment shall not be visible from a point of view that is five feet above grade at a distance of 200 feet from the walls of the structure. See Figure 1173.04-2.
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Figure 1173.04-2: Example of how parapet walls are utilized to screen
roof mounted mechanical equipment.
G. Roof Styles.
1. The height of any pitched roof shall not exceed one-half (½) of the overall building height.
2. Roof Line Changes.
a. Roof line changes shall include changes in roof planes or changes in the top of a parapet wall, such as extending the top of pilasters above the top of the parapet wall.
b. When roof line changes are included on a façade that incorporates wall offsets of material or color changes, roof line changes shall be vertically aligned with the corresponding wall offset or material or color changes.
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Figure 1173.04-3:Roof line changes should be aligned with corresponding
offsets and/or material and color changes.
3. Flat Roofs
a. When flat roofs are used, parapet walls with three-dimensional cornice treatments shall conceal them. The cornice shall include a perpendicular projection a minimum of eight (8) inches from the parapet façade plane.
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Figure 1173.04-4: Parapet walls with cornice treatments are used to disguise flat roofs.
The image on the right illustrates a tall, thin parapet all th at is prohibited.
b. Thin parapets that extend more than two (2) feet above the roof and have a depth of less than two (2) feet from the façade surface are prohibited.
4. Asymmetric or Dynamic Roofs. Asymmetric or dynamic roof forms allude to motion, provide a variety of flexibility in nonresidential building design, and allow for unique buildings. Asymmetric or dynamic roof forms shall be permitted on nonresidential buildings provided the criteria for flat roofs in Paragraph (iii.) above is met. See Figure 1173.04-5.
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Figure 1173.04-5: Example of a dynamic roof.
H. Massing of Large-Scale Nonresidential Buildings. This subsection shall apply to any building primarily used for nonresidential uses that exceeds 15,000 square feet in gross floor area.
1. Building elevations shall reflect spaces that are either carved out of a mass or multiple masses of varying sizes grouped together. Examples include recesses, arches, courtyards, and both vertical and horizontal offsets.
2. Large scale buildings shall incorporate architectural elements that will create variety and wall surface relief on wall elevations.
3. To maintain the façade rhythm, building facades that front a street shall incorporate façade variations a minimum of every fifty (50) feet.
4. Alternatives to using façade variations and reliefs may include:
a. Façade color changes following the same dimensional standards as the offset requirements;
b. Pilasters having a minimum depth of one (1) foot, a minimum width of one (1) foot, and a minimum height of eighty percent (80%) the façade height; and/or
c. Roof line changes when coupled with correspondingly aligned façade material changes.
5. Buildings shall have clearly-defined, highly visible customer entrances that include no less than three of the following design features (see Figure 1173.04-6):
a. Canopies/porticos above the entrance;
b. Roof overhangs above the entrance;
c. Entry recesses/projections;
d. Arcades that are physically integrated with the entrance;
e. Raised corniced parapets above the entrance;
f. Gabled roof forms or arches above the entrance;
g. Outdoor plaza adjacent to the entrance having seating and a minimum depth of twenty (20) feet;
h. Display windows that are directly adjacent to the entrance;
i. Architectural details, such as tile work and moldings, that are integrated into the building structure and design and are above and/or directly adjacent to the entrance; and/or
j. Integral planters or wing walls that incorporate landscaped areas or seating areas.
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Figure 1173.04-6: Examples of customer entrances.
(e) Architectural Standards for B-2 Central Business District.
(1) Purpose. The purpose of this subsection is to provide guidance for future development within downtown Defiance. These standards intend to promote a working, growing, and aesthetically pleasing business center. The standards in this section are generally based on the City of Defiance Main Street Design Guidelines prepared by the Defiance Development and Visitors Bureau.
(2) Applicability.
A. The standards shall apply to properties within the B-2 Central Business District as designated on the zoning map.
B. These standards apply to new construction or expansion that requires review per Section 1165.06 Site Plan Review.
(3) Traditional Façade and Storefront Standards.
A. In downtown Defiance, the typical building façade is a two or three story masonry construction.
B. The basic commercial façade consists of three parts:
1. The storefront with an entrance and large window displays,
2. The upper masonry façade with regularly spaced windows, and
3. The decorative cornice that caps the building. See Figure 1173.04-7.
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Figure 1173.04-7: The typical façade found within downtown Defiance.
C. The following features should be considered when improving existing storefronts.
1. The storefront should be composed almost entirely of clear glass.
2. The entry should be maintained and restored in its original location and configuration. If the original entry is gone, the new entry should be designed and placed considering traditional design themes and its relationship to the overall building façade and symmetry.
3. Transom windows that are covered or blocked should be reopened and restored.
4. Storefront bulkheads should be restored or renovated, when possible.
5. Original elements such as cast iron columns, storefront cornices, entry doors, and lighting fixtures should be restored, when possible.
6. Signage should be integrated into the storefront design.
7. Awnings should be integrated into the storefront design.
8. Materials should be simple and unobtrusive to promote a transparent façade. The following materials should be avoided:
a. Cultured stone;
b. Fake brick;
c. Rough textured wood siding;
d. Wooden shingles on mansard roofs;
e. Gravel aggregate materials; and
f. Stucco materials.
9. Facades shall be of low-reflectance materials and finished in subtle, neutral or earth tone colors that are harmonious with the overall appearance, history and cultural heritage of the area. Building trim, accent areas and signage may feature brighter colors, including primary colors, when complementary to the coloration of the primary facade and consistent with the architectural design of the building.
D. The Planning Commission should use the City of Defiance Main Street Design Guidelines prepared by the Defiance Development and Visitors Bureau or other adopted standards to guide evaluation of site plan review applications subject to this subsection.
(4) Demolition. Proposed demolitions must obtain the approval of the Planning Commission. Such demolition shall proceed only when an immediate reuse is planned for the property or to address public safety issues. The Planning Commission may seek input from the Main Street Rehabilitation Board of Review, or other parties.
(Ord. 8592. Passed 7-2-24.)
1173.05 PERFORMANCE STANDARDS.
(a) General Standards.
(1) No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use permitted by this code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the performance requirements contained herein.
(2) All development and activity within the City is subject to the regulations of the General Offenses Code of the Codified Ordinances.
(3) All development activity is subject to the regulations of Chapter 1174 Storm Water Management Regulations.
(b) Hazardous Materials.
(1) General. The storage, utilization, and manufacture of solid, liquid, and gaseous chemicals and other materials shall be permitted subject to the standards of any local, state, or federal agency having jurisdiction in said matter.
(2) Fire Hazards. Any activity involving the use or storage of flammable or explosive material shall be protected by adequate fire-fighting and fire-suppression equipment, and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(c) Radioactive or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(d) Noise.
(1) Noise which is objectionable, as determined by the Planning Commission, due to volume, frequency or beat, shall be muffled or otherwise controlled.
(2) Emergency notification sirens and related apparatus used solely for public purposes are exempt from this requirement.
(e) Vibration. No vibration shall be permitted which is disruptive or injurious to any property outside of an industrial district.
(f) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.
(g) Air Pollution. The emission of air pollutants shall not violate the standards and regulations of any local, state, or federal agency having jurisdiction in said matter.
(h) Glare. No direct or reflected glare incident to an industrial operation shall be permitted which is disruptive or injurious to any property outside an industrial district.
(i) Erosion.
(1) No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(2) Development activity is subject to the regulations of Chapter 1174 Storm Water Management Regulations and those of the Storm Water Management Program.
(j) Water Pollution.
(1) The emission of water pollutants shall not violate the standards and regulations of any local, 1.state, or federal agency having jurisdiction in said matter.
(2) Development activity is subject to the regulations of Chapter 1174 Storm Water Management Regulations and those of the Storm Water Management Program.
(k) Smoke. The emission of smoke or dust by any land use in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited.
(l) Enforcement Provisions.
(1) Prior to the issuance of a zoning permit, the zoning commissioner or the Planning Commission may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerance.
(2) Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists Association, Inc., Washington, D.C.; and the United States Bureau of Mines or other applicable standards.
(3) Notwithstanding the provisions of this section, the performance requirements shall not apply to operation of any industry existing at the time of enactment of this code or any expansion thereof at the same location or adjoining properties.
(Ord. 8592. Passed 7-2-24.)
1173.06 TRAFFIC SAFETY VISIBILITY TRIANGLE.
Clear visibility must be maintained at street and driveway intersections per the City of Defiance Access Management Regulations.
(Ord. 8592. Passed 7-2-24.)
1173.07 F-P FLOOD PLAIN DISTRICT REGULATIONS.
In addition to other development standards contained in Chapter 1173 General Development Standards and other sections of this zoning code, development located within the F-P Flood Plain District and other areas designated as an "Area of Special Flood Hazard" on the Flood Insurance Rate Map are subject to the regulations of Chapter 1333 Flood Plain Construction Standards of the Codified Ordinances.
(Ord. 8592. Passed 7-2-24.)
1173.08 ADDITIONAL DESIGN CRITERIA FOR THE B-2 CENTRAL BUSINESS DISTRICT.
In addition to the development standards set forth in this Chapter, all proposals in the B-2 Central Business District shall be subject to the supplemental design criteria outlined in this Chapter.
(a) Purpose. The principles and criteria set forth below are intended to achieve among others the following purposes:
(1) To strengthen, protect, and enhance the existing visual and aesthetic character of the B-2 District.
(2) To guide development and/or redevelopment of the B-2 District, thereby preserving the historic and architectural resources in the core area and in the remaining areas of the B-2 District;
(3) To ensure that historic design features which contribute to the unique character of the B-2 District are retained and replicated in a manner that ensures the City will retain and enhance its historic character.
(4) To ensure that new development and/or redevelopment respects the City's historic qualities and resources through compatible design.
(5) To protect and enhance property values.
(6) To provide standards for property owners, architects and contractors to aid in the preparation of construction and development plans;
(7) To provide the basis for consistency and objective decision-making when evaluating proposed development.
(b) Design Principles. The buildings in the B-2 Central Business District help to promote the historic atmosphere and context beloved by residents. To enhance the quality and compatibility of these buildings and thereby protect the historic context and character of the Central Business District, all proposed rehabilitation, restoration and new construction projects shall incorporate the following aesthetic principles and characteristics:
(1) Proportion. The relationship of the dimensions of building details such as windows or doors, or entire facades from one building to the next shall create harmony with adjacent buildings and blocks within and surrounding the proposed development area.
(2) Scale. The size of buildings and building elements with respect to one another and the street level human scale shall be consistent with the prevailing scale of buildings within the B-2 Central Business District.
(3) Rhythm. The repetition of design in building details, such as the number and spacing of windows and doors, and backgrounds, such as walls, shall maintain the architectural rhythm of the existing facades.
(4) Variety and Unity. Projects shall blend both variety and unity in building design through varying levels of distinction to maintain a compatible built environment that is characterized by the unifying qualities of proportion, scale, and rhythm.
(c) Design Review Guidelines. The design criteria listed below have been developed to protect, maintain, and foster unity of architectural styles and visual compatibility in the B-2 Central Business District, in conjunction with the design principles identified in subsection (c).
(1) Criteria Applicable to all proposals and development projects in the B-2 Central Business District:
A. A minimum of sixty percent (60%) of wall areas fronting along a public right of way shall, measured between grade and eight (8) feet, shall provide for transparency through windows and doors
B. Front façade windows and doors of historic buildings that are replaced shall use the same space and size as the original windows and doors.
1. Restoration of building facades shall replicate as closely as possible the buildings original scale of wall openings and decorative elements.
C. New construction shall complement the height, width and general proportion of adjacent buildings so that an overall harmonious appearance is created.
1. Buildings shall not consist of long, monotonous, uninterrupted walls or roof planes.
2. Vertical elements such as storefronts and windows shall maintain similar spacing and/or placement along the vertical plane as to adjacent buildings.
3. Provide roof line offsets and other design elements to vary massing with existing buildings along the frontage of longer facades to relieve visual monotony of a single, long roof.
4. Include architectural features that are appropriate with the historic context of the B-2 Central Business District, including paint and building colors, windows and doors, roof pitch, cornice lines, shutters, dormers, eaves and other decorative details.
D. Awnings and canopies shall be placed within and in relation to the structural frame of the storefront, window or doorway; generally, this means within a window frame or within the frame formed by the storefront window(s), doors, or sign panel above.
1. Awnings and canopies shall be located directly over windows or doors. Awnings shall be placed within building lines, not attached to the trim.
2. In buildings with multiple storefronts, or on adjacent buildings, awnings shall be aligned with others, and used to unify the structure or block.
3. Awnings shall be a minimum of eight (8) feet above grade and shall project a minimum of twenty-four (24) inches and a maximum of forty-eight (48) inches.
4. Canvas is the preferred material, although other weatherproof materials compatible with the historic style of buildings may be substituted with approval by the Zoning Commissioner and/or designee.
5. Property owners with awnings in the right of way shall apply for a permit with the Zoning Commissioner and receive a License to Occupy the Right of Way permit.
E. Open spaces between buildings of existing block facades shall be used for mid-block public spaces, development or outdoor eating areas or a combination of all, to provide for an enhanced public experience. These areas should be discussed during site plan review on all projects, if applicable.
F. Landscaping, potted plants or public art shall be used to buffer exposed blank walls.
G. Enhance the continuity along each block using landscaping, street furniture, brick paving, and other design enhancements.
H. Construct or renovate signs in compliance with the design requirements set forth in Chapter 1179.
I. Design and deploy building murals
(d) Review Procedures.
(1) All new and rehabilitation projects in the B-2 Central Business District shall be subject to the development plan review procedures set forth in Chapter 1165, Development Review Procedures.
(2) Approval shall be obtained from the Planning Commission prior to any new construction or demolition within the B-2 Central Business District. All proposed building modifications that do not include new construction, additions, or demolitions, shall be reviewed and approved by the Planning Commission according to the procedures set forth in Chapter 1341, Demolition Standards.
(Ord. 8592. Passed 7-2-24.)