Delphos City Zoning Code
TITLE SEVEN
Additional Zoning Regulations
1181.01 OFF-STREET LOADING SPACE.
In any district, in connection with every building or part thereof, hereafter erected, having a gross floor area of from 5000 to 15,000 square feet which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, laundry or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same lot with such building, at least one off-street loading space. For buildings larger than 15,000 square feet in area, one additional loading space for each additional 15,000 square feet, or fraction thereof, shall be provided. The Zoning Board of Appeals may require loading space or spaces for buildings smaller than 5000 square feet in area if in the opinion of the Board, such space or spaces is required to prevent undue traffic congestion in the neighborhood.
(a) Each loading space shall not be less than ten feet in width and thirty feet in length.
(b) Such space may occupy any required yard subject to the following restrictions.
(1) No such space shall occupy any portion of the required front yard unless and until such location has been approved by the Board.
(2) No such space shall be located closer than twenty-five feet to any other lot in an R District, unless wholly within an enclosed building, unless and until such location has been approved by the Board.
(3) Where such spaces are located within required yards, the Board may require screening or other barriers, if in the opinion of the Board, they are required for the protection of the neighborhood.
(Ord. 805-B. Passed 9-22-64.)
1181.02 COMPLIANCE REQUIRED; EXCEPTIONS.
(a) In all districts, unless otherwise provided, in connection with every industrial, commercial, trade, institution or dwelling use, space for parking and storage of vehicles shall be provided and shall comply with the requirements of this chapter.
(b) The areas and location of required parking areas may be modified by the Zoning Board of Appeals in accordance with the provisions of Section 1137.02.
(Ord. 805-B. Passed 9-22-64.)
1181.03 GENERAL REGULATIONS.
(a) For residential dwellings, storage facilities or space shall be provided for a number of motor vehicles not less than the number of families occupying the premises.
(b) Areas of required parking areas, other than for dwellings, shall be in accordance with the following schedule:
(1) Automobile sales and service garages, business and professional offices: fifty percent (50%) of floor area.
(2) Retail stores and shops, under 2000 square feet floor area: one hundred percent (100%) of floor area.
(3) Dance halls, assembly halls, restaurants, beer parlors, night clubs over 2000 square feet floor area: two hundred percent (200%) of floor area.
(4) Supermarkets, retail stores over 2000 square feet floor area: two hundred percent (200%) of floor area.
(5) Bowling alleys: five spaces for each alley.
(6) Motels: one space for each bedroom.
(7) Manufacturing plants: one space for each three employees.
(8) In the case of a use not mentioned herein, the provisions for a use which is so mentioned and to which the use is similar, shall apply.
(c) Except in the case of dwellings, no parking area provided hereunder shall be less than 600 square feet in area.
(d) No area used for parking space shall be in the front of the building line unless and until such location is approved by the Zoning Board of Appeals.
(e) No repair facilities can be maintained and no repairs are allowed excepting those of a minor nature.
(f) Every off-street parking area used for more than five cars and access driveways thereto shall be hard surfaced to completely eliminate dust and dirt and shall be so graded and drained as to dispose of all surface water accumulations. Access driveways shall be subject to approval of the Service Director.
(Ord. 805-B. Passed 9-22-64.)
(Ord. 805-B. Passed 9-22-64.)
1181.04 RESTRICTED PARKING LOTS.
The Zoning Board of Appeals may authorize, subject to the provisions of Section 1137.02, the establishment of restricted parking lots in any R District, subject to the following conditions and limitations:
(a) The parking lot is incidental to a business or industrial use.
(b) Such parking lot shall be situated on private land which has an area of not less than 7,500 square feet and which abuts directly on any business or industrial use.
(c) Such parking lot shall be used for the parking of passenger automobiles only, and no commercial repair work, sales or service of any kind shall be conducted thereon.
(d) Every off-street parking area and access driveway thereto shall be hard-surfaced to completely eliminate dust and dirt and shall be so graded and drained as to dispose of all surface water accumulation.
(e) No parking space shall extend beyond the set back or building line.
(f) Definite artistic barriers and landscaping shall be placed around the area where needed so that such a parking lot will not be detriment to the neighborhood. The Board may prescribe further requirements or conditions deemed necessary for the protection of adjacent property.
(g) Any fixture used to illuminate any off-street parking area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes. The intensity of lighting shall not be such as to interfere unreasonably with any adjacent premises.
(h) Access to and from public streets and shall be subject to approval of the Service Director.
(i) Any permission herein granted is conditional upon full and complete compliance by the permittee with all requirements of the Zoning Ordinance and any additional requirements of the Board because of specific problems involved relative to a specific location. Such full compliance must be complete and finished within six months from the effective date of permission. Otherwise, permission is automatically withdrawn.
(j) Entrances and exits shall be located within the adjoining business or industrial districts.
(k) An application for the establishment of a restricted parking lot shall be accompanied by the names and addresses of all property owners within 200 feet of the premises in question so they may be given the opportunity to be heard in connection with the consideration of such application.
(Ord. 805-B. Passed 9-22-64.)
1181.05 LOCATION OF PARKING SPACES.
All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not exceeding 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.
(a) Not more than fifty percent (50%) of the parking spaces required for theaters, bowling alleys, dance halls, nightclubs or cafes, and up to one hundred percent (100%) of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as the theaters, bowling alleys, dance halls, nightclubs or cafes; provided, however, that written agreement thereto is properly executed and filed as specified in subsection (b) hereof.
(b) In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form and executed by the Law Director and shall be filed with the application for the zoning permit.
(Ord. 805-B. Passed 9-22-64.)
(Ord. 805-B. Passed 9-22-64.)
1183.01 CONTINUANCE OF EXISTING NONCONFORMING USES.
Any use, building or structure existing at the time of the enactment of the Zoning Ordinance may be continued, even though such use, building or structure may not conform with the provisions of the Zoning Ordinance for the district in which it is located.
(Ord. 2002-25. Passed 4-8-03.)
1183.02 EXTENSION; ALTERATION; SUBSTITUTION ENLARGEMENT OR SUBSTITUTION OF NONCONFORMING USES.
No existing building or premises devoted to a use not permitted by the Zoning Ordinance 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 to increase its nonconformity, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows:
(a) If no structural alterations are made, a nonconforming use of the same or of a more restricted classification. Notice of intention to change or substitute shall be filed with the Zoning Inspector and such substitution or change shall require a zoning certificate, issued in conformity with the requirements of Section 1135.03.
(b) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(c) When authorized by the Zoning Board of Appeals, the substitution for a nonconforming use of another nonconforming use, if no structural alterations, except those required by law or regulation, are made; provided, however, that in any B-1 or B-2 District no change shall be permitted to any use prohibited in an I-2 Industrial District Enlargement or Substitution: When authorized by the Planning Commission, in accordance with Section 1183.02 through 1183.09, a nonconforming use, that has not been discontinued as specified in Section 1183.03, may be enlarged and/or replaced by another nonconforming use.
Enlargement: When authorized by the Planning Commission, nonconforming buildings may be enlarged as long as the building meets all minimal yard requirements in the district in which it is located.
Additionally, all such extensions shall not exceed (50%) of the floor area of the structure existing at the time it became nonconforming. All such extensions on structures nonconforming because of use shall be made within five (5) years of becoming nonconforming. Extensions may be made on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1183.03 GENERAL STANDARDS FOR ENLARGEMENT OR SUBSTITUTION OF A NONCONFORMING USE.
The Zoning Board of Appeals shall review the particular facts and circumstances of each proposed use or expansion in terms of the following standards, and shall find adequate evidence showing that such use or expansion at the proposed location:
(a) Is better suited for the site than would be a permitted or conditional use;
(b) Shall not create a significant financial or structural hindrance to eventual conversion to a permitted or conditional use;
(c) Shall not be hazardous or disturbing to neighboring uses;
(d) Shall be served adequately by essential public facilities and services;
(e) Shall not be detrimental to the economic welfare of the community;
(f) Shall not involve uses, activities, processes, material, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(Ord. 2002-25. Passed 4-8-03.)
1183.04 APPLICATION FOR A PERMIT FOR ENLARGEMENT OR SUBSTITUTION OF A NONCONFORMING USE.
An application shall be filed with the Zoning Inspector by at least one owner, owner’s agent or lessee of properties for which such enlargement or substitution is proposed. The application shall be signed by the applicant. At a minimum, the application shall contain the following information, provided however, that the Zoning Inspector may waive certain submission requirements where it is determined that it is not applicable:
(a) Name, address and telephone number of the owner of record and applicant.
(b) A boundary survey of said property.
(c) Description of existing use.
(d) Present zoning district.
(e) Description of proposed enlargement or substitution.
(f) A plan of the site showing the location of all existing buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and any enlargement thereof proposed.
(g) A complete written description of the new use in the case of a proposed substitution, and for an enlargement the reasons for enlarging rather than relocation in an appropriate zone.
(h) A statement and supporting documentation describing how the applicant believes the request conforms to the standards established in these codes; and
(i) Any other such information as the Zoning Inspector may required.
(j) An application filing fee as established by Council.
(Ord. 2002-25. Passed 4-8-03.)
1183.05 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any enlargement or substitution of a nonconforming use, the Board shall prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards when made a part of the terms under which the conditional use is granted shall be deemed a violation of this Ordinance.
(Ord. 2002-25. Passed 4-8-03.)
1183.06 PUBLIC HEARING BY THE ZONING BOARD OF APPEALS.
A public hearing on any enlargement or substitution of a nonconforming use request shall be held by the Board within forty-five (45) days of the acceptance of the application by the Zoning Inspector as complete.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1183.07 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1183.06, notice of such hearing shall be given by publication in a newspaper of general circulation in the City at least seven (7) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed use.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1183.08 NOTICE TO PARTIES OF INTEREST.
Before holding the public hearing required in Section 1183.06, written notice of such hearing shall be mailed by the Board by first class mail at least seven (7) days before the date of the hearing to the petitioner, and all property owners within 150 feet in any direction of the property upon which an application for enlargement or substitution of a nonconforming use permit has been filed. The failure to mail or deliver notification as provided in this paragraph shall not invalidate any action of the Board. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1183.07.
(Ord. 2002-25. Passed 4-8-03.)
1183.09 ACTION BY THE ZONING BOARD OF APPEALS.
Within thirty (30) days after the public hearing required in Section 1183.06, the Board shall either approve, approve with supplementary conditions as specified in Section 1183.05, or disapprove the application as presented. If the application is approved or approved with supplementary conditions, the Board shall direct the Zoning Inspector to issue a permit listing the specific conditions specified by the Board for approval.
(Ord. 2002-25. Passed 4-8-03.)
1183.10 DISCONTINUANCE.
In the event that a nonconforming use of any building, structure or of any premises or land is voluntarily discontinued for 12 months or more, any further use thereof shall be in conformity with the provisions of the Zoning Ordinance.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1183.11 RECONSTRUCTION.
(a) Any nonconforming building or structure damaged by fire, flood, explosion, war, riot or act of God, may be restored or reconstructed and used as before such happening provided that the floor area and height of the building, when restored or reconstructed, shall not be greater than the floor area or height of the building before such damage occurred. Provided, further, any building so reconstructed shall occupy the same position on the premises or lot as the original building, unless approval of a change in location is given by the Zoning Board of Appeals. Reconstruction or restoration shall be started within six months of the date of damage and completed within twelve months from the date of damage unless an extension of time is granted by the Board.
(b) If reconstruction or restoration is not started within six months and completed within one year from the date of damage, then the use of the premises and building shall be in conformity with the regulations of the district in which it is located.
(c) Nothing in the Zoning Ordinance shall prevent the strengthening or restoring of a safe condition of any part of any building or structure declared unsafe by proper authority.
(Ord. 2002-25. Passed 4-8-03.)
1183.12 NONCONFORMING TRAILERS AND MOBILE HOMES.
Non-conforming trailers or mobile homes located on a lot in any district other than in an approved Mobile Home Park in an B-3 District, once removed or destroyed by fire, flood, explosion, war, riot or act of God shall not be relocated on such lot.
(Ord. 2002-25. Passed 4-8-03.)
1183.13 APPEALS.
Appeals of the decisions the Zoning Board of Appeals can be made to the appropriate court of law.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1183.14 EXPIRATION OF A PERMIT FOR THE SUBSTITUTION OF A NONCONFORMING USE.
A permit for the substitution of a nonconforming use shall be deemed to authorize only one particular use, and such permit shall automatically expire if, for any reason, the use has ceased by discontinuance or abandonment for a period of more than six (6) months.
(Ord. 2002-25. Passed 4-8-03.)
1184.01 CONDITIONAL USES.
The Zoning Board of Appeals may authorize, upon application, conditional uses as delineated in this Chapter. Such conditional use request shall conform to the procedures and requirements of this Chapter.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1184.02 APPLICATION FOR CONDITIONAL USE APPROVAL.
An Application for Conditional Use Approval shall be filed with the Zoning Inspector by at least one owner, owner’s agent or lessee of properties for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied in the application. At a minimum, the application shall contain the following information:
(a) Name, address and telephone number of the owner of record and applicant;
(b) A boundary survey of the said property;
(c) Description of existing use;
(d) Present zoning district;
(e) Description of proposed conditional use;
(f) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, 9open spaces, landscaping, refuse and service areas, utilities, signs, yards and other such information as the Zoning Inspector may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance;
(g) A statement and supporting documentation describing how the applicant believes the request conforms to the standards for conditional uses listed in Section 1184.03; and
(h) An application filing fee as established by Council;
(i) The Zoning Inspector may waive certain submission requirements where it is determined that it is not applicable.
(Ord. 2002-25. Passed 4-8-03.)
1184.03 GENERAL STANDARDS FOR CONDITIONAL USES.
In addition to specific requirements for conditionally permitted uses that may be specified in the district use regulations, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location;
(a) Shall be in accordance with the general objectives of this Ordinance;
(b) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.
(c) Shall not be hazardous or disturbing to neighboring uses;
(d) Shall be served adequately by essential public facilities and services;
(e) Shall not be detrimental to the economic welfare of the community;
(f) Shall not involve uses, activities, processes, material, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(g) When reviewing public service facilities, the adequacy and availability of existing services shall be considered.
The Zoning Board of Appeals shall have the authority to modify the requirements of a conditional use.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1184.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any conditional use, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violations of such conditions and safeguards when made a part of the terms under which the conditional use is granted shall be deemed a violation of this Zoning Ordinance.
(Ord. 2002-25. Passed 4-8-03.)
1184.05 NOTICE TO PARTIES OF INTEREST.
Written notice shall be mailed by the Zoning Board of Appeals by first class mail at least seven days before the date of the hearing to the members of the Zoning Board of Appeals and all property owners within 150 feet in any direction of the property upon which an application for a conditional use approval has been filed. The notice shall contain the location of the property, nature of the proposed conditional use, and the time and place of the meeting. The failure to mail or deliver notification as provided in this paragraph shall not invalidate any action of the Zoning Board of Appeals.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1184.06 ACTION BY THE ZONING BOARD OF APPEALS.
Within thirty (30) days after their original consideration of a conditional use application, the Zoning Board of Appeals shall either approve, approve with supplementary conditions as specified in Section 1184.04, or disapprove the application as presented. If the application is approved or approved with supplementary conditions, the Planning Commission shall direct the Zoning Inspector to issue a zoning permit listing the specific conditions specified by the Zoning Board of Appeals for approval.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1184.07 APPEALS.
Appeals of the decisions the Zoning Board of Appeals can be made to the appropriate court of law.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1184.08 EXPIRATION OF CONDITIONAL USE APPROVAL.
A conditional use approval shall be deemed to authorize only one particular conditional use and such approval shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more than one year.
(Ord. 2002-25. Passed 4-8-03.)
1185.01 PLANNED UNIT DEVELOPMENT REQUIREMENTS.
(a) Principal Permitted Uses: None
(b) Conditionally Permitted Uses:
(1) Residential. Single-family dwellings, two-family dwellings, multiple-family dwellings.
(2) Recreational. Public or neighborhood park and open space; recreation sites developed in conjunction with the above residential uses according to an approved site plan.
(c) Prohibited Uses: No establishment shall be used for manufacturing, industry, or commercial purposes.
(d) Accessory Buildings and Uses: Accessory uses and buildings which are customary and incidental to any of the aforesaid permitted uses shall be allowed, provided that such accessory building or use shall not involve any type of trade, manufacturing, or industry.
(e) Minimum Lot Area: Lot areas may be varied at the discretion of the developer, subject to review-and-approval by the Planning Commission, in accordance with the procedures specified in Subdivision Regulations. In no case shall the gross density of a Planned Unit Development, or any portion thereof, exceed 6.5 (six and one-half) dwelling units per acre.
(f) Maximum Building Height: No multiple-family dwelling, no two-family or single family dwelling shall exceed two-and-one-half (2.5) or thirty-five (35) feet in height.
(g) Minimum Yard Setbacks: Front, side and rear yard requirements are variable at the discretion of the developer, subject to review and approval by the Planning Commission.
(h) Required Off-Street Parking: Off-street parking shall be provided in accordance with the requirements specified in Section 1154.07.
(Ord. 2002-25. Passed 4-8-03.)
1185.02 DESIGN STANDARDS.
Unless otherwise specified herein, the design standards for lot area, coverage, density, yard requirements, parking and screening for a proposed Planned Unit Development in the PUD district shall be governed by the standards of the “R-1" or “R-2" Districts most similar in nature and function to the proposed PUD District Use(s), as determined by the Planning Commission. Exceptions to these standards may be granted by the City Council upon the recommendation of the Planning Commission when these bodies find that such exceptions encourage a desirable living environment and are warranted in terms of the total Planned Unit Development. Standards for public improvements shall be governed by all applicable ordinances and laws of the City of Delphos, Ohio.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1185.03 MINIMUM YARD REQUIREMENTS.
Subsequent to receiving the approval for a PUD Planned Unit Development District from the City Council, the owner/developer(s) shall establish all lot sizes and front, side and rear yard setbacks in the detailed Final PUD Plan(s) for the proposed Planned Unit Development. Such setbacks may vary from the regulations of the City of Delphos, Ohio relating to the platting and subdividing of land subject to the review and approval of the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)
1185.04 REQUIRED COMMON OPEN SPACE.
There shall be reserved, within the tract to be developed on a planned unit basis, a minimum land area of twenty (20) percent of the entire tract for use as common open space. This common open space shall not consist of isolated or fragmented pieces of land which would serve no useful purpose. Included in this common open space may be such uses as pedestrian walkways, parkland, open area, drainage ways, swimming pools, clubhouses, tennis courts, and other lands of essentially open character, exclusive of off-street parking areas. Ownership of this common open space shall be transferred to a legal entity and proper legal documents necessary for such transfer or dedication shall be prepared by the owner/developer(s) of the tract of land, and approved by the City Council. At the option of the City, this common open space may become a part of the park and open space system of the City of Delphos, Ohio.
(Ord. 2002-25. Passed 4-8-03.)
1185.05 REQUIRED CONTENTS OF THE PUD OVERALL DEVELOPMENT PLAN.
The owner/developer(s) is encouraged to engage in informal consultation with the Zoning Inspector and Planning Commission prior to preparing his PUD Plan, it being understood that no statement or representation by the Zoning Inspector or Planning Commission shall be binding upon the City Council. The owner/developer(s) of the tract of land to be developed on a planned unit basis shall prepare a PUD Plan and shall submit eight (8) copies of this PUD Plan along with an Application for Change of Zoning District to the City of Delphos Planning Commission for its consideration.
The Preliminary PUD Plan shall include the following items:
(a) Boundaries of the tract to be developed on a planned unit basis.
(b) Base mapping of the tract showing the physical features, such as topography, drainage ways, water bodies, trees over four (4) inch caliper trunk measured four (4) feet above the ground and all species native or indigenous to the area, and existing land uses.
(c) Highways and streets in the vicinity of the tract, and the ingress and egress to the tract.
(d) Location of different general land use areas proposed to be developed.
(e) Proposed density levels of each residential area.
(f) Proposed treatment of existing topography, drainage ways, and tree cover.
(g) Proposed general location of major vehicular circulation, showing how the circulation pattern relates to the Official Thoroughfare Plan of the City of Delphos, Ohio.
(h) Location of schools, parks and other community facility sites, if any.
(i) Time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two (2) year time period.
(Ord. 2002-25. Passed 4-8-03.)
1185.06 CONDITIONS FOR THE APPROVAL OF THE PUD OVERALL DEVELOPMENT PLANS.
Upon receipt of the report of the Planning Commission, the City Council shall study and review the proposed PUD application and Preliminary PUD Plan on the basis of (1) that all requirements have been satisfied, and (2) finding that the following specific conditions are fully met.
(a) That the PUD District is in conformance with the Comprehensive Plan . for Delphos, Ohio. That each individual stage of development shall not exceed the maximum density allowed for the Planned Unit Development landholding as a whole.
(b) That the use(s) proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts. (residential)
(c) That the areas proposed shall be used only for residential purposes and the usual accessory uses such as garages, storage space, parks, recreation sites or open spaces.
(d) That the internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets as designated in the Official Thoroughfare Plan of the City of Delphos, Ohio.
(e) That the minimum common open space area(s) has been designated and shall be duly transferred to a legal entity as herein provided.
(f) That the Preliminary PUD Plan is consistent with the intent and purpose of this Zoning Ordinance, to promote public health, safety and general welfare of the residents of the City of Delphos, Ohio.
(Ord. 2002-25. Passed 4-8-03.)
1185.07 CITY COUNCIL ACTION.
(a) After reviewing the recommendation of the Planning Commission, the City Council shall advertise and hold a public hearing of the proposed Planned Unit Development, in accordance with the provisions specified in this Zoning Ordinance. Approval of the Preliminary PUD Plan shall be limited to the general acceptability of the land uses proposed, proposed general density levels and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels, or engineering feasibility which are to be determined in the subsequent preparations of the detailed Final PUD Plan(s). Approval of the Preliminary PUD Plan shall constitute the creation of a separate PUD Planned Unit Development Zoning District, and shall require a favorable vote of the majority of the membership of the City Council. In taking action, City Council may deny the Preliminary PUD Plan or may recommend approval of said plan subject to specified modifications.
(b) At the time of adopting any ordinance establishing a PUD District, the Council shall make appropriate arrangements with the owner/developer(s) which will ensure the common open space as shown on the approved Preliminary PUD Plan.
(Ord. 2002-25. Passed 4-8-03.)
1185.08 TIME LIMITS AND EXTENSIONS.
The approval of the PUD Plan shall become null and void and the land shall revert to its former zoning classification, unless the final PUD Plan for the first section of the planned unit landholding has been formally approved by the Planning Commission within two (2) years of the date of approval, in accordance with the conditions for approval specified in Section 1185.09 through 1185.12 of this Chapter, and unless the final Subdivision Plan, where applicable, shall have been recorded in the Office of the Allen or Van Wert County Auditor.
(a) An extension of time limit or the minor modification of the PUD Plan may be approved by the City Council. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification; the evidence of reasonable effort toward the accomplishment of the PUD Plan; and the recommendation of the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)
1185.09 REQUIRED CONTENTS OF THE DETAILED FINAL PUD PLAN(S).
Once the PUD Zoning District and the Preliminary PUD Plan have been approved by the City Council, the owner/developer(s) shall proceed with the preparation of the detailed Final PUD Plan(s). The detailed Final PUD Plan(s) must be reviewed and approved by the Planning Commission prior to the issuance of any Zoning Certificates(s) by the Zoning Inspector.
The detailed Final PUD Plan(s) shall be prepared for the owner/developer(s), and shall bear the original signature and/or original seal of the professionally competent urban planner, professional engineer, architect or landscape architect; shall be in accordance with the approved Preliminary PUD Plan; and shall include the following:
(a) Survey of the tract to be developed showing existing physical features (general topography, drainage ways, and tree cover) and streets, easements, and utility lines.
(b) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, vehicular circulation.
(c) Preliminary building plans, including floor plans and exterior elevations.
(d) Landscaping plans including quantity, size and varieties of landscaping.
(e) Specific detailed engineering plans, including site grading, street improvements, drainage and utility improvements and extensions as necessary.
(f) All necessary legal documentation relating to the organization or the legal entity created for the purpose of maintaining the required common open space included within the Planned Unit Development.
(g) Copies of any restrictive covenants that are to be recorded.
(h) The Planning Commission shall have the authority to require changes in the Detailed Final PUD Plan(s), when in their opinion it is for the health, safety and welfare of the community to preserve the character of the surrounding area.
(Ord. 2002-25. Passed 4-8-03.)
1185.10 MAJOR CHANGES.
Should the formulation of the detailed Final PUD Plan(s) for any section of the total Planned Unit Development landholding necessitate a major change in the approved preliminary PUD Plan, reconsideration and approval by the Council shall be required in accordance with the procedures specified in Section 1185.02. Major changes shall include, but not be limited to:
(a) An increase in density.
(b) Changes in the outside boundaries of the Planned Unit Development Landholding.
(c) Major changes in the location or amount of land uses, including open space.
(d) Major changes in the internal street and thoroughfare locations or alignments.
(Ord. 2002-25. Passed 4-8-03.)
1185.11 CONDITIONS FOR THE APPROVAL OF THE DETAILED FINAL PUD PLAN(S).
Upon receipt of the detailed Final PUD Plan(s) for each section of the Planned Unit Development Landholding, the Planning Commission shall study and review the detailed final PUD Plan(s) and shall approve, modify, or disapprove the plan(s) on the basis (1) that all requirements have been satisfied, and (2) finding that the following specific conditions are fully met:
(a) That the proposed detailed Final PUD Plan(s) for the individual sections(s) of the overall PUD District are in conformance with the approved Preliminary PUD Plan, and the Comprehensive Plan map and text of the City of Delphos, Ohio.
(b) That each individual stage of the Planned Unit Development can exist as an independent planned unit which is capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective can be obtained.
(c) That any part of the Planned Unit Development not used for structures, parking and loading areas, or streets, shall be landscaped or otherwise improved; or if approved by the Planning Commission, left in its natural state.
(d) That any exception from the standard requirements of this Ordinance are warranted by the design and amenities incorporated in the detailed Final PUD Plan(s), in accordance with the adopted policy of the Planning Commission and the City Council.
(e) That the internal streets and thoroughfares proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.
(f) That the detailed Final PUD Plan(s) is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety and general welfare of the residents of the City of Delphos, Ohio.
(Ord. 2002-25. Passed 4-8-03.)
1185.12 SUBDIVISION OF A COMPLETED PLANNED UNIT DEVELOPMENT.
All future subdivisions of a completed Planned Unit Development shall be first reviewed and approved by the Planning Commission to assure that each subdivided area of the development includes the parking, open space, density, and other similar necessary requirements.
The owner of any tract of land, five acres or larger in size, may submit to the Planning Commission for consideration a unit development plan showing in detail the planned development of the entire area. Such unit development plan may necessitate variations of existing zoning classifications or regulations as to lot area requirements, yard requirements or other provisions of the Zoning Ordinance. Such plan shall provide a minimum open space of at least thirty percent (30%) of the area.
(a) If approved by the Planning Commission and after public hearing and notice by Council in accordance with Chapter 1141, the application of use, height, area and yard regulations established herein shall be modified as required by such development plan but such modifications shall apply only to the area occupied by the plan. After approval by Council, no change shall be made in the approved plan unless such change be approved by council, after a public hearing.
(b) The filing of a unit development plan with the Planning Commission shall be accompanied by a fee of one hundred dollars ($100.00) to cover investigations and other costs incident to the determination of the matter.
(c) Work on the proposed development shall commence within twelve months of the zoning change, otherwise the affected areas will revert to the classifications existing before such changes were made.
(Ord. 2002-25. Passed 4-8-03.)
1187.01 TRAILER; TENTS; CABINS.
(a) Parking of a camping trailer, recreational vehicle, motor home in any R-1 or R-2 District shall be prohibited except that one trailer may be parked or stored in an enclosed garage, or accessory building, or in the rear yard of any lot, provided that no living quarters shall be maintained, no water, sewer gas or light connections made to the trailer, or any business conducted in connection therewith while such trailer is parked or stored.
(b) A house trailer may be used as a temporary office in any B-1 or B-2 District provided that no living quarters shall be maintained therein. Construction offices are allowed for up to twelve months.
(c) In any district, the wheels or any similar transporting devised of any trailer or camp car shall not be removed except for repairs, nor shall such trailer or camp car be otherwise permanently fixed to the ground by any person, firm or corporation owning or operating a trailer camp, tourist camp or trailer in a manner that would prevent ready removal of the trailer or camp car.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1187.02 SPECIAL USE REGULATIONS.
(a) Special Permit. Council may by resolution grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by the Zoning Ordinance and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.
(1) Airport, landing fields, or landing strip for aircraft.
(2) Cemetery or mausoleum
(3) Commercial, recreational or amusement development for temporary or seasonal periods.
(4) Privately operated community building or recreation field.
(5) Any public or government building.
(6) Radio or television broadcasting tower or station.
(7) Greenhouse, provided that any such structure shall not be less than 100 feet from all property lines.
(b) Procedure of Authorizing Special Uses.
(1) Before authorization of any of the special uses set forth in subsection (a) hereof, the request therefore shall be referred to the Planning Commission for study and report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood and a public hearing shall be held in relation thereto before the Planning commission, notice and publication of the time and place for which shall conform to the procedure prescribed in Chapter 1141 for hearings on alterations. If no report is transmitted by the Planning Commission within thirty days of notification, council may take action without further awaiting such report.
(2) Any proposed special use shall otherwise comply with all the regulations set forth in the Zoning Ordinance for the district in which such use is located, except that Council may permit hospitals and institutions to exceed the height limitations of such district.
(Ord. 2002-25. Passed 4-8-03.)
1187.03 SIDE AND REAR YARD AREA.
In measuring the width and depth of side or rear yards, in cases where the rear lot line is not parallel with, or the side lot lines not perpendicular to the street line, average dimensions may be used.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1187.04 LOT AREA.
Where a lot of record at the time of the effective date of the Zoning Ordinance has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling, subject to the following requirements.
(a) The front yard shall be as established in the Zoning Ordinance.
(b) In case the frontage of the lot of record is less than sixty (60) feet, each side yard shall be at least ten percent of the lot frontage; but no side yard shall be less than three feet in any event. If the frontage is more than sixty (60) feet, the side yards shall be as established in the Zoning Ordinance.
(Ord. 2002-25. Passed 4-8-03.)
1187.05 HEIGHT REGULATIONS.
The height regulations as prescribed in the Zoning Ordinance shall not apply to structures of the following type, unless the height of such structure constitutes a hazard to aircraft as defined by pertinent regulations of the Federal Aviation Agency.
(a) Church spires
(b) Belfries
(c) Water towers
(d) Fire towers
(e) Cooling towers
(f) Chimneys
(g) Elevator bulkheads
(h) Smoke stacks
(i) Flagpoles
(j) Utility structures.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1188.01 PURPOSE AND FINDINGS.
(a) Purpose. It is the purpose of this chapter to regulate Adult Entertainment Businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of Adult Entertainment Businesses within the City of Delphos. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment of their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(b) Findings. The City Council has received substantial evidence concerning the adverse secondary effects of adult uses on a community in findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976) and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington. (Ord. 2012-29. Passed 8-20-12.)
1188.02 DEFINITIONS.
(a) "Adult bookstore" "adult novelty store" or "adult video store" means a commercial establishment which, as one of its purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." For the purposes of this chapter any rental or leased establishment which devotes at least twenty percent (20%) of the total lineal feet available for the display of items or materials for sale or rental which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" shall be categorized as an adult bookstore, adult novelty store, or adult video store.
(b) "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, any form of digitized video media, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(c) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, any form of digitized video media or similar photographic reproductions, or by various electronic media such as the Internet, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(d) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities."
(e) "Establishment" means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(3) The additions of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
(f) "Nudity" or "nakedness" means the state of wearing no clothing.
(g) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(h) "Semi-nudity" or in a "semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
(i) "Adult entertainment business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(j) "Specified anatomical areas" means:
(1) The human genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(k) "Specified Sexual Activities" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
(l) "Substantial enlargement" of an adult entertainment business means the increase in floor areas occupied by the business by more than twenty-five percent (25%) as the floor areas exist on the date this chapter takes effect.
(Ord. 2012-29. Passed 8-20-12.)
1188.03 CLASSIFICATION.
Adult Entertainment Businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores, adult novelty stores, or adult video stores;
(c) Adult cabarets; or
(d) Adult motion picture theaters.
(Ord. 2012-29. Passed 8-20-12.)
1188.04 LOCATION OF ADULT ENTERTAINMENT BUSINESSES.
(a) No adult entertainment business may be established in any zoning district other than an I-Industrial District, and in such district may not be established within 300 feet of:
(1) A church, Kingdom Hall, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) A boundary of a residential district as defined in the Zoning Code;
(4) A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities;
(5) The property line of a lot devoted to a residential use as defined in the Zoning Code;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) US 30.
(b) No adult entertainment business may be established, operated or enlarged within 300 feet of another adult business entertainment.
(c) Not more than one adult entertainment business shall be established or operated in the same building, structure, or portion thereof.
(d) For the purpose of subsection (a) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in subsection (a). Presence of a City, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(e) For purposes of subsection (b) hereof the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(f) Any adult entertainment business lawfully operating on the date of adoption of this chapter that is in violation of subsections (a) through (e) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a nonconforming use.
(Ord. 2012-29. Passed 8-20-12.)
1188.05 PROHIBITION AGAINST CHILDREN IN ADULT ENTERTAINMENT BUSINESSES.
A person commits a misdemeanor of a third degree if the person knowingly allows a person under the age of eighteen years on the premises of an adult entertainment business.
(Ord. 2012-29. Passed 8-20-12.)
1188.06 SEVERABILITY.
(a) If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(b) All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed. (Ord. 2012-29. Passed 8-20-12.)
1188.99 ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY/PENALTY.
(a) It shall be a misdemeanor of a fourth degree for a person who knowingly or intentionally, in an adult entertainment business, appears in a state of nudity or depicts specified sexual activities.
(b) It shall be a misdemeanor of a fourth degree for a person who knowingly or intentionally, in an adult entertainment business, appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.
(c) It shall be a misdemeanor of a fourth degree for an employee, while semi-nude in an adult entertainment business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in an adult entertainment business.
(d) It shall be a misdemeanor of a third degree for an employee, while semi-nude, to touch a customer or the clothing of a customer or patron.
(e) It shall be a misdemeanor of a second degree for an employee or person associated with an Adult Entertainment Businesses to promote, support or allow any violation of 1188.99 (a), (b), (c) or (d).
(f) Subsequent violations of sections (a),(b) or (c) will constitute a misdemeanor of the third degree; subsequent violations of section (d) will constitute a misdemeanor of the second degree and subsequent violations of sections (e) will constitute a misdemeanor of the first degree.
(Ord. 2012-29. Passed 8-20-12.)
1189.01 PURPOSE.
(a) It is the purpose of these sign regulations to promote the public health, safety, and general welfare by permitting the use of signs as a means of communication in the City of Delphos:
(1) To maintain and enhance the City’s natural and manmade environment;
(2) To implement community design standards to encourage an attractive and healthy economic environment;
(3) To reduce possible safety hazards to vehicle and pedestrian traffic through good signage;
(4) To minimize the possible adverse effects of signs on nearby public and private property; and
(5) To enable the fair and consistent enforcement of these sign regulations.
(b) The purpose, as stated above, is based on the following findings or conditions concerning signs:
(1) That excessive signs create dangerous traffic conditions, intrude on motorist and pedestrian enjoyment of the natural and manmade beauty of the City, and as such are detrimental to the public health, safety, and general welfare of the City; and
(2) That business enterprises and other institutions located along public and private streets have a need to identify themselves and their activities to motorists and pedestrians by means of signs.
(Ord. 2002-25. Passed 4-8-03.)
1189.02 DEFINITIONS.
(a) The following terms are defined for use under this section.
(1) Abandoned Sign: Any sign remaining in place which no longer advertises or identifies an ongoing or active business, product, or service available; or a sign which is no longer maintained in a serviceable condition. The serviceability of a sign ceases when deterioration becomes as visibly recognizable as the image of the subject of the sign.
(2) Address Marker: A numeric reference of a structure or site not included as part of a wall or monument sign. These are not normally considered a sign under this section.
(3) A-Frame Card Sign: A free standing sign usually hinged at the top. Such signs are considered portable and temporary.
(4) Animated or Moving Sign: Any sign, other than a time and temperature display, which uses motion, lighting, or special materials to depict action or create a special effect or scene.
(5) Awning, Canopy, or Marquee Sign: A non-electric sign that is printed on, painted on, attached to an awning, canopy, or marquee and is only permitted on the vertical surface.
(6) Banner, Flag, Pennant or Balloon: Any cloth, bunting, plastic, paper, or similar material, used for advertising purposes attached to, pinned on, or from any structure, staff, pole, line, framing, or vehicle, including captive balloons and inflatable signs, but not including official flags of local, state, national or foreign governmental organizations.
(7) Billboard or Off-Site Sign: A sign, including supporting structure, advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located.
(8) Building Face: The length of the single front building elevation in which the primary entrance to the business is located. Where more than one business occupies a building, the frontage for sign purposes for each business is determined by multiplying the building front elevation width by the percentage of total floor space occupied by each business or potential business space.
(9) Changeable Copy Sign: A sign designed to allow the changing of copy through manual, mechanical, or electrical means. Time and temperature displays are not considered against the allowable advertising sign footage as long as no business identification or advertising is presented as part of the display.
(10) Civic Event Sign: A temporary sign posted to advertise a civic event sponsored by a public agency, school, church, civic/fraternal organization, or similar non-profit organization.
(11) Construction Sign: A temporary sign erected on the parcel on which construction is taking place. The sign may list the project name, owners, developers, professional services and contractors involved and any other major sponsors of the development.
(12) Development or Subdivision Sign: A temporary sign promoting a new development or subdivision which has received City Planning Commission review.
(13) Directional Signs: Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as “one way”, “entry” or “exit”. These signs giving direction are not considered part of the advertising signage and do not require permitting. If additional advertising display is posted on the directional signs the Zoning Inspector may consider them as part of the square footage restrictions.
(14) Double-Faced Sign: A post, pedestal, or monument display where the sign’s faces are back to back and the sign copy is similar on both sides. The area of double-faced signs is considered based on dimensions of one side.
(15) Garage or Yard Sale Sign: A temporary sign advertising the sale of personal items at a residential property. The sign may be placed 7 days prior to the event and only on private property.
(16) Incidental Signs: Incidental signs are signs no larger than 3 square feet in size that display notices required by law, or show affiliations or services provided. Items displayed may be credit cards accepted, trade affiliations, business hours, or other similar information necessary to identify limits of or qualifications of service or product.
(17) Institutional Sign: A permanent sign identifying the premises of a church, school, governmental office, or non-profit institutional facility.
(18) Kiosk: A three dimensional structure designed and constructed with the explicit purpose of displaying information and advertising. This structure must supply a public service and can only receive a permit following review and approval of the Planning Commission.
(19) Logo Sign: A sign consisting of a symbol or mark associated with a business, service or product entity.
(20) Monument Sign: A sign displayed on a pedestal or base that has a footprint 50% or more than the signs horizontal dimensions following approval of the Planning Commission.
(21) Nonconforming Sign: A legally established sign existing prior to the establishment of this Ordinance which fails to conform to the regulations of this Ordinance.
(22) Political Sign: A temporary sign directly associated with a local, state or national political election or issue. The sign may be erected 30 days prior to election. Must be removed within 5 days after election and posted on private property. These signs cannot be posted on city right of way.
(23) Portable Sign: A temporary sign designed and constructed to be easily set up and removed or relocated.
(24) Promotional Sign: A temporary commercial sign posted to promote the sale of new products, new management, new hours, new service or to promote a special sale.
(25) Projecting Sign: Any sign which is attached to the face of a building and projects more than eighteen (18) inches from the face of the building.
(26) Real Estate Sign: An on-site temporary sign pertaining to the sale, lease or rental of a building or premises. These signs include Open House signs which indicate when salespersons are available to represent the property subject to sale, lease or rent.
(27) Roof Sign: A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof, and which is wholly or partly supported by the building.
(28) Sign: Any display that shows any product, service, business, name or other enterprise in a promotional manner. A sign may consist of wording, logos, or images.
(29) Sign Program: A coordinated program of signs as allowed under the “Commercial Shopping Center” and “Apartment, Office, Research, and Industrial Center”.
(30) Temporary Sign: Any sign that is approved to be displayed for a limited time period as set forth in this Ordinance or by the Planning Commission.
(31) Wall sign: A sign painted on, printed on, or attached to a wall which has its face substantially perpendicular to the building face.
(32) Window Sign: Any sign that is applied, painted, or attached to a wall which is not a projecting sign.
(Ord. 2002-25. Passed 4-8-03.)
1189.03 ADMINISTRATION.
These sign regulations shall be administered as stated under the conditions as listed in Chapter 1135.
(a) Permit Required.
(1) No sign, unless exempted by this Chapter, shall be constructed, displayed, or altered without an approved permit. The permits shall be issued by the Zoning Inspector when the conditions of this Ordinance are met.
(2) Each permit application shall be accompanied by the following:
A. A drawing showing the design proposed.
B. Dimensioned site plan showing the sign location in relation to property lines buildings, walks and drives.
C. Dimensioned elevation drawing showing the size, sign type, height, illumination method, support or mounting method, and construction materials.
(3) A sign for which a permit has been issued shall not be modified, relocated, altered or replaced unless a new permit or an amended permit is issued by the Zoning Inspector.
(b) Signs Requiring a Permit.
(1) Any sign erected, painted, posted or placed in any district within the City shall require an approved permit from the Zoning Inspector in conformance with Sections 1135.01 and 1135.02, except those signs identified as exempt from such permit. Sign structure, size, height, setback, location and number shall be determined by the requirements set forth in this Chapter.
(2) Changes or relocation of nonconforming signs require permits and any alterations must also meet the requirements set forth in this Chapter. See Section 1189.04(d) for nonconforming signs.
(c) Signs Not Requiring a Permit. The following signs are exempt and do not require a permit from the Zoning Inspector. To maintain an exempt status these signs must comply with restrictions as established in this Chapter.
(1) Political signs, Real Estate signs, and Civic Event signs when conforming to the requirements established under this Ordinance.
(2) Temporary signs painted on the outside of the windows for display on holiday or special occasions.
(3) Signs located inside a building or behind a window and not exceeding the prohibitions set forth in Section 1189.03(d)(7), do not require a permit.
(4) Memorial signs and plaques installed by recognized civic organizations.
(5) Official and legal notices and signs issued by governmental agencies.
(6) Official flags of all governmental and civic/fraternal organizations.
(8) Incidental signs for businesses like automobile services, gasoline service stations, automobile dealers with service repairs, motels and hotels provided that all of the following conditions exist; the signs are attached to a structure or building; the signs number no more than four (4) per street frontage, and no sign shall exceed an area per face of three (3) square feet. Copy applied to fuel pumps or dispensers such as fuel identification, station logo, and other signs required by law are permitted and not counted against the number allowed.
(9) Directional signs provided that such signs are located on –site, have a maximum area which does not exceed three (3) square feet per sign, have a maximum overall height of four (4) feet above grade, and are mounted on a monument or pole. Such signs may be located in a required setback provided that a minimum distance of five (5) feet from any property line is maintained.
(10) Garage and yard sale signs provided they conform to the regulations set forth in this Ordinance.
(d) Prohibited Signs. The following signs are inconsistent with the sign standards established in this Chapter and are therefore prohibited. Permits cannot be issued for:
(1) Abandoned signs after 90 days of meeting the abandoned sign definition. The property owner will be responsible for removal.
(2) Animated, moving, flashing, blinking, reflecting, revolving or other similar signs, with the exception of permanently mounted Changeable Copy Signs and time and temperature displays as allowed in this Chapter.
(4) Signs placed in, or overhanging, the public right-of-way. Signs with exception are: governmental signs and informational signs authorized by the Planning Commission and in conformance with state or federal regulations. Such informational signs shall not exceed two and a half (2½) square feet in area and shall not be illuminated.
(5) Signs designed or constructed to resemble or imitate highway or traffic control signs of signals.
(6) Temporary signs, found not in conformance to the regulations set forth in this Ordinance. These signs may be confiscated by the Zoning Inspector, or his representatives, in addition to being subject to the conditions of Chapter 1143.
(7) Windows signs when they are located in a residentially zoned district are larger than the allowable signage for that district or are illuminated.
(e) Measurement Standards. The area of the sign is determined by the dimensions of the background structure, unifying background area, or by the maximum dimensions of the display area if posted on a common background. The following standards shall be used to determine the area and height measurements for all signs erected or posted within the City:
(1) The area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the exterior display limits of a sign, but not including the supporting frame or bracing.
(2) The area of a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point.
(3) In the case of irregularly shaped three dimensional signs, the area of the display surface shall be measured on the plane of the largest vertical cross section.
(4) The height of a sign shall be determined by measuring the vertical distance between the highest point of the sign to the ground elevation at the base of the sign. If mounding was used at the sign base, the ground elevation shall be determined as the average ground elevation of the developed site at the sign base prior to mounding.
(5) The setback of a sign shall be measured from the vertical projection of the property line or street right-of-way line to the closest part of the sign.
(6) Lots in B or I zones having frontage on more than one street shall have a maximum allowable sign area equal to twice that of its shortest frontage, not to exceed twice the maximum number of square feet otherwise allowed in the zone. These lots shall also be permitted twice the number of signs otherwise allowed in their zone; however, there shall be no increase in the number of free-standing signs allowed.
(f) Fees. A schedule of fees for permits shall be established and amended from time to time by City Council.
(Ord. 2002-25. Passed 4-8-03.)
(Ord. 2002-25. Passed 4-8-03.)
1189.04 GENERAL REGULATIONS.
(a) Cross-Corner Sight Restrictions: No sign, or part of a sign structure wider than one (1) foot, shall be erected in the cross-corner line of sight between the heights of three (3) feet and eight (8) feet, as measured from the center lines of the relevant pavements, in the following locations;
(1) At street intersections, within a triangle, two sides of which are measured from the point of intersection of the street rights-of-way, a distance of 40’ parallel to the through street and a distance of 15 feet parallel to the stop street. At 4-way stops the distance shall be 40 feet parallel to each street.
(2) At drives-within a triangle, two sides of which are measured from the point of intersection of the street right-of-way and the centerline of the drive, a distance of 50 feet parallel to the street, and a distance of 15 feet parallel to the centerline of the drive.
(b) Distracting Signs: Signs which have moving parts, replaceable letters, or changing illumination shall conform to the conditions listed within this Ordinance. See Section 1189.03(d) for restrictions on signs which use animation, flashing lights, shapes reserved for traffic control, and motion.
(c) Sign Illumination: All signs and advertising structures, except as hereinafter modified, may be illuminated internally or by reflected light; provided the source of light is not directly visible and is arranged to reflect away from the adjoining premises; and provided that such illumination shall not lead to confusion, or create a hazard to traffic, or conflict with traffic control signs or lights. An exception to the above is that signs illuminated with neon lighting are also allowed even though the light source is visible. See Section 1189.05 for districts where sign illumination is prohibited.
(d) Non-conforming Signs: All signs which are in existence on the effective date of this Ordinance shall be considered nonconforming uses and shall be subject to the following provisions:
(1) No nonconforming sign shall have any changes made in the words, symbols or message displayed on the sign unless the sign is specifically designed for periodic change of message.
(2) No nonconforming sign shall be structurally altered so as to change the shape, size, type or design of the sign, nor shall any nonconforming sign be relocated until it meets the requirements of this Chapter and receives a permit.
(e) Development or Subdivision Entry Signs: The conditions for the placement of permanent signs identifying a development or subdivision shall be set by review by the City Planning Commission. These conditions are to be forwarded to the Zoning Inspector by the Planning Commission for issuance of a permit.
(f) Temporary Signs: Temporary signs required a permit unless they are identified as not requiring a permit under Section 1189.03(c). All temporary signs, unless specifically identified in 1189.02, Definitions, shall be considered temporary commercial signs. The following regulations shall apply to temporary signs:
(1) Civic Event Signs: These signs shall be registered with the Zoning Inspector listing the organization responsible, a contact person, dates of posting, sign size, and location of sign. All posting periods and placements must receive approval of the Zoning Inspector. Any signs not receiving this approval shall be considered in violation of this Ordinance.
(2) Construction Signs: These signs shall be shown as part of the development’s site plan. The number of signs, their location and sizes, shall be approved by the Zoning Inspector before installation. If conditions warrant, the Zoning Inspector may allow placement of the construction sign off-site. The posting of the sign(s) shall be limited to the construction period which begins one week before the actual work begins with the ground breaking, which ever is first, to the conditional final acceptance by the owner.
(3) Development or Subdivision Signs: The conditions for the placement of these signs at a development or subdivision shall be set by review by the City Planning Commission. These conditions are to be forwarded to the Zoning Inspector by the Planning Commission for issuance of a permit.
(4) Real Estate Signs: Real estate signs are not allowed in public right-of-way areas. They are allowed a maximum area of 8 square feet in residential districts and 32 square feet in all other districts. One sales sign is allowed per property frontage. In addition, an open house sign is allowed for a week period prior to the open house date. Sales signs shall be removed from a property within one week of closing.
(5) Garage and Yard Sale Signs: These signs are to be posted only on private property. The signs shall not exceed 6 square feet in area. They shall be posted only the day of the sales. No signs shall be posted on any public utility or light poles.
(6) Temporary Commercial Signs: The Zoning Inspector, in accordance with the provisions herein, is authorized to issue permits for the erection and maintenance of temporary commercial signs. Such permit shall be issued for a period not to exceed fourteen (14) days, nor more frequently than once in each three month period for the same premises. Temporary commercial signs shall not be illuminated. No temporary signs containing commercial messages shall be permitted in residential districts. No permit shall be issued for aerial signs, or signs designed to be moved on trailer wheels, skids, or on other similar devices. The area, height and number of temporary commercial signs shall be determined by the requirements established in the regulations for each zoning district.
(7) In the B-2 district, if a property has a 12 feet or wider sidewalk, each business may have one (1) A-Frame sign, or similar type portable sign, provided all the following conditions are met:
A. The sign shall only be on display during business hours of the business if advertises.
B. The sign shall not exceed 30 inches in width and 48 inches in height.
C. The sign shall be placed on the sidewalk only with the approval of the owner of the front property, and
D. Its nearest edge must be placed either a maximum of one (1) foot from the right-of-way line or between one(1) and one and a half (1.5) feet from the curb.
E. Signs should be of a design that resists being moved or blown over by the wind. However, they shall not be attached to publicly owned sign posts, hydrants, trees, etc, in the right-of-way.
(Ord. 2002-25. Passed 4-8-03.)
1189.05 DISTRICT REGULATIONS.
The following regulations shall apply to all signs, permitted and otherwise, according to each Zoning District.
(a) R-1 and R-2 Districts with less then 10 dwellings:
(1) A name plate not exceeding two square feet in area.
(2) A sign not exceeding eight square feet in area appertaining to the lease, hire or sale of a building or premises shall be permitted provided.
(3) Such signs or nameplates shall not be internally illuminated and provided further that signs illuminated in any manner shall be permitted only if attached to a building on the premises.
(4) A sign or bulletin board, not exceeding ten square feet in area, placed not near then:
20 feet from all street right-of-way lines;
10 feet from all side property lines; and
10 feet from all rear property lines.
(5) No advertising sign of any other character shall be permitted in any R-1 or R-2 District.
(6) The maximum height of any freestanding sign shall be four (4) feet.
(7) The maximum number of signs allowed shall be two (2) only one of which may be a freestanding sign.
(8) Signs shall not be illuminated.
(b) R-1 and R-2 District with more than 10 dwellings, nonresidential and apartment complexes:
(1) The maximum total area of all permitted signs shall be equal to one (1’) square foot of sign area for each four (4) feet of lot width, not to exceed a maximum of 50 square feet.
(2) The minimum set backs for all free standing signs shall be as follows:
20 feet from all street right-of-way lines;
25 feet from all side property lines, and
25 feet from all rear property lines.
(3) The maximum height of any free standing sign shall be eight (8) feet.
(c) B-1A, B-1, B-2 BUSINESS DISTRICT
(1) Lots used for dwellings of 10 or fewer units and their accessory uses:
A. The maximum total sign area shall not exceed 20 square feet.
B. The minimum sign setbacks shall be as follows:
0 feet from all street right-of-way lines,
10 feet from all side property lines, and
10 feet from all rear property lines.
C. The maximum height of any freestanding sign shall be 6 feet.
D. The maximum number of signs, which require a permit, shall be two (2), only one of which may be a freestanding sign.
(2) Lots having a primary use that is nonresidential and apartment complexes with more than 10 units:
A. The maximum total area of all permitted signs shall be equal to 4 square feet of sign area for each one (1’) foot of lot width, not to exceed a maximum of 200 square feet.
B. The minimum setbacks for all freestanding signs shall be as follows:
0 feet from all street right-of-way lines,
10 feet from all side property lines, and
10 feet from all rear property lines.
C. The maximum height of any freestanding sign shall be 25 feet.
D. The maximum number of signs, which require a permit, regardless of the number of tenants, shall be four (4), with only one freestanding sign allowed per abutting street.
(d) I-1 and I-2 District
(1) The maximum total area of all signs shall be equal to two (2) square feet of sign area for each one (1’) foot of lot width, not to exceed a maximum of 200 square feet.
(2) The minimum setbacks for all freestanding signs shall be as follows:
0 feet from all street right-of-way lines
20 feet from all side property lines, and
20 feet from all rear property lines.
(3) The maximum height of any freestanding sign shall be 15 feet.
(4) The maximum number of signs, which require a permit, regardless of the number of tenants, shall be four (4), with only one freestanding sign allowed per abutting street.
(Ord. 2002-25. Passed 4-8-03.)
Type of Sign | Permanent | Temporary | Not Allowed | Zoning Board Approval | R-1 Residential | R-1A Agriculture | R-2 Residential | B-1A Business | B-1 Business | B-2 Business | B-3 Mobile Home | I-1 Industrial |
Abandoned Sign | X | |||||||||||
Address Marker | X | X | X | X | X | X | X | X | X | |||
A-Frame Card Sign | X | X | X | X | X | |||||||
Animated or Moving Sign | X | |||||||||||
Awning, Canopy or Marquee Sign | X | X | X | X | X | |||||||
Banner, Flag, Pennant or Balloon | X | X | X | X | X | |||||||
Billboard or Off-Site Sign | X | X | X | X | X | |||||||
Building Face | X | X | X | X | X | |||||||
Changeable Copy Sign | X | X | X | X | X | |||||||
Civic Event Sign | X | X | X | X | X | X | X | X | X | |||
Construction Sign | X | X | X | X | X | X | X | X | X | |||
Development or Subdivision Sign | X | X | X | X | X | X | X | X | X | |||
Directional Sign | X | X | X | X | X | X | X | X | X | |||
Double-Faced Sign | X | X | X | X | X | |||||||
Garage or Yard Sale Sign | X | X | X | X | X | X | X | X | X | |||
Incidental Signs | X | X | X | X | X | |||||||
Institutional Sign | X | X | X | X | X | X | X | X | X | |||
Kiosk | X | X | X | X | X | X | ||||||
Logo Sign | X | X | X | X | X | |||||||
Monument Sign | X | X | X | X | X | X | X | X | X | X | ||
Name Plate | X | X | X | X | X | X | X | X | X | |||
Nonconforming Sign | X | X | X | X | X | X | X | X | X | |||
Political Sign | X | X | X | X | X | X | X | X | X | |||
Portable Sign | X | |||||||||||
Promotional Sign | X | X | X | X | X | |||||||
Projecting Sign | X | X | X | X | X | |||||||
Real Estate Sign | X | X | X | X | X | X | X | X | X | |||
Roof Sign | X | |||||||||||
Sign Program | X | X | X | X | X | |||||||
Temporary Sign | X | X | X | X | X | X | X | X | X | |||
Wall Sign | X | X | X | X | X | |||||||
Window Sign | X | X | X | X | X | |||||||
1191.01 FEES.
The following fees shall be established.
Variance | $75.00 |
Conditional Use | $50.00 |
Building Permit: | |
New Dwelling | $40.00 |
Duplex, Triplex, etc. | $25.00 per unit |
Res. Addition, alteration to existing structure | $20.00 |
Non Residential structure (new or addition) | |
Less than 2500 sq. ft. | $100.00 |
2500 - 4999 square feet | $150.00 |
5000 - 9999 square feet | $250.00 |
10,000 - 19,999 square feet | $400.00 |
20,000 or more square feet | $650.00 |
Certificate of Occupancy (for use change) | $10.00 |
Sign | $30.00 |
Fence | $10.00 |
Shed (less than 200 sq.ft.) | $10.00 |
Nonconforming use | $25.00 |
Petition for Amendment (zoning change) | $100.00 |
Alley or Street vacation petition | $100.00 |
(Ord. 2002-25. Passed 4-8-03; Ord. 2012-23. Passed 6-18-12.) | |
Sidewalk installation permit | $15.00 |
(Ord. 2004-41. Passed 6-22-04.) | |
CODIFIED ORDINANCES OF DELPHOS