Findlay City Zoning Code
CHAPTER 1161
Development Standards
1161.01 ACCESSORY STRUCTURES.
1161.01.1 ACCESSORY STRUCTURES R-1, R-2, R-3 & R-4 SINGLE FAMILY AND TWO-FAMILY RESIDENTIAL DISTRICTS.
The following standards shall apply to the following zoning districts: R-1, R-2, R-3, R-4
(a) Permitted Accessory Structures. The following accessory structures shall be permitted and require a zoning permit:
(1) Buildings or structures such as detached garages.
(2) Gazebos, decks, and hot tub enclosures.
(3) Carports, pool houses and greenhouses.
(4) Sheds, Swimming Pools.
(5) Fences.
(6) Sauna.
(b) Permitted No Zoning Permit Required.
(1) Structures with a building footprint of fifty square feet (50 sq ft) or less. No such structures are permitted in any front yard.
(3) Commercial storage containers are permitted on a property not to exceed sixty (60) days in a calendar year and must be situated on a site so as not to create a visibility hazard. Exemptions may be granted by the Zoning Administrator in the event of a calamity.
(c) General Requirements.
(1) Accessory structures shall comply with the following requirements: Relationship to Primary Use: Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use and occupant of the same parcel. Owners of multiple, contiguous parcels that desire treatment as though they are a single lot must combine the parcels with a new legal description and deed at the Hancock County Auditor’s Office. Proof of a recorded deed must be provided as part of the application.
Example: This requirement prevents a property owner of multiple parcels from erecting an accessory structure on a separate, vacant but recorded lot that could eventually be sold and thus become an illegal non-conforming use and lot under Chapter 1162 Nonconformity Sections 2 – 5.
(2) Maximum Floor Area. The combined building footprint of all accessory buildings on site shall not exceed nine hundred square feet (900 sq. ft.) One accessory building that is fifty square feet (50 sq. ft.) or less shall be exempt from this requirement. In no instance shall any separate accessory building be larger than nine hundred square feet (900 sq. ft.). Unless the lot equals or exceeds one (1) acre in size the maximum floor area cannot exceed twelve hundred square feet (1,200 sq. ft.) or eighty percent (80%) of the primary structure footprint whichever is less. All accessory buildings are subject to maximum lot coverage requirements as prescribed in each zoning district. The following stipulations apply to properties without an attached garage:
A. One (1) accessory building used for the parking of vehicles up to five hundred seventy-six square feet (576 sq. ft.) shall not count against the total allowable accessory building area. The accessory building used for the parking of vehicles that is greater than five hundred seventy-six square feet (576 sq. ft.) will have that area in excess of five hundred seventy-six square feet (576 sq. ft.) deducted from the maximum allowable accessory building area.
Example: If the property contains a seven hundred square foot (700 sq. ft.) accessory building for the parking of vehicles, one hundred twenty-four square feet (124 sq ft.) of area of excess are deducted from any proposed accessory building, thereby limiting the size of a new accessory building to seven hundred seventy-six square feet (776 sq. ft.) in area.
B. An existing accessory building used for the parking of vehicles that is less than five hundred seventy-six square feet (576 sq. ft.), can be increased in area so the total building area does not exceed five hundred seventy-six square feet (576 sq. ft.), even if the property contains other accessory buildings that exceed the nine hundred square foot (900 sq. ft.) limit. Maximum lot coverage requirements will still apply.
(3) Restricted in Front Yard Requirement. No accessory structure shall be permitted in the required front yard.
(4) Conversions. Permanently attaching any accessory building to a primary building shall be considered a conversion and shall be subject to all required setbacks for primary structures. These connections must include a four feet (4’) width building footprint, must be enclosed, have doorways on either side, and have a foundation.
Example: A detached garage on a street side yard is proposed to be attached to the primary building with a breezeway. The garage is located in R-3 Single Family and is five feet (5’) from the property line. In this instance the conversion would violate the setback required for primary structures and applicant would not be issued a zoning permit.
(5) Storage containers, box truck components, and tractor-trailers are not considered as buildings and shall not be used as accessory buildings unless otherwise provided.
(6) If an accessory structure is being used for parking/storing of any vehicle/automobile, the access must be paved with a hard surface from property line to structure.
(d) Setbacks.
(1) Front Yard Setback - Accessory structures shall not encroach upon the required front setback of the lot on which they are located, except fences and decks.
(2) Side and Rear Setbacks - Accessory structures may not be located closer than three feet (3’) of the side yard and five feet (5’) of the rear yard.
(3) Screening - In no case shall an accessory structure encroach upon any required screening.
(e) Occupancy. Accessory buildings shall not be occupied as a dwelling.
(f) Height. The maximum height allowed for an accessory building is eighteen feet (18’). (Ord. 2023-115. Passed 12-19-23.)
1161.01.2 ACCESSORY STRUCTURES CD, M-1, M-2 MULTI-FAMILY RESIDENTIAL DISTRICTS.
(a) Permitted Accessory Structures. The following accessory structures shall be permitted and require a zoning permit:
(1) Buildings or structures such as detached garages.
(2) Gazebos, decks, porches, and hot tub enclosures.
(3) Carports, canopies, pool houses and greenhouses.
(4) Fences.
(5) Management offices and other facilities normally associated with tenants’ convenience, such as washing machine facilities, exercise facilities, etc.
(b) Permitted No Zoning Permit Required.
(1) Building footprint of fifty square feet (50 sq. ft) or less
(2) Wheel chair ramps (Exempt from Section (3)) Restricted in front yard.
(c) General Requirements. Accessory structures shall comply with the following requirements:
(1) Relationship to Primary Use: Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the lot.
(2) Ownership: Shall be operated and maintained under the same ownership as the primary structure.
(3) Restricted in Front Yard Requirement: No accessory structure shall be permitted in the required front yard.
(d) Setbacks.
(1) Front Yard Setbacks - Accessory structures, except fences shall not encroach upon the established front setback of the lot on which they are located.
(2) Side and Rear Setbacks - Accessory structures, excluding fences and decks shall not be located closer than three feet (3’) from the side lot lines and five (5’) from the rear lot line.
(3) Screening - In no case shall an accessory structure encroach upon any required screening.
(4) Street Side Yard Setback - Setbacks shall be fifteen feet (15’).
(e) Occupancy. Accessory building shall not be occupied as a dwelling.
(f) Height. The maximum height allowed for an accessory building is eighteen feet (18’).
(Ord. 2023-115. Passed 12-19-23.)
1161.01.3 ACCESSORY STRUCTURES O-1 OFFICE, C-1, C-2 AND C-3 COMMERCIAL DISTRICTS.
(a) Permitted Accessory Structures.
(1) Buildings or structures such as detached garages, carports, canopies, and patios for outdoor seating
(2) Management offices and other facilities normally associated with the primary business.
(3) Dumpster enclosures, mechanical equipment.
(4) Greenhouses cart corrals.
(5) Similar accessory buildings or structures.
(6) Fences.
(b) Permitted. No Zoning Permit Required.
(1) Structures with a building footprint less than fifty square feet (50 sq. ft.).
(2) Wheel chair ramps.
(c) General Requirements. Accessory structures shall comply with the following requirements:
(1) Relationship to Primary Use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the parcel.
(2) Ownership. Shall be operated and maintained under the same ownership as the primary structure.
(d) Setbacks.
(1) Front Yard Setbacks. Accessory structures shall not encroach upon the established front setback of the lot on which they are located with exceptions being:
A. Fences.
B. Outdoor seating/dining areas.
(2) Side and Rear Setbacks. Accessory structures may encroach the side and rear setbacks, but may not be located closer than ten feet (10’) to the lot line, except fences.
(3) Screening. In no case shall an accessory structure encroach upon a defined buffer area.
(e) Enclosed Building Requirement. All uses and operations shall be conducted within completely enclosed buildings with the following exceptions:
(1) Off-street parking.
(2) Drive-thru customer service windows.
(3) Outdoor dining areas.
(f) Maximum Floor Area. The combined gross floor area of all accessory structures on site shall not exceed seventy five percent (75%) of the size of the primary structure.
(g) Occupancy. Accessory buildings shall not be occupied as a dwelling.
(h) Height. The maximum height allowed for an accessory building is eighteen feet (18’).
(Ord. 2023-115. Passed 12-19-23.)
1161.01.4 ACCESSORY STRUCTURES I-1 AND I-2, INDUSTRIAL DISTRICTS.
(a) Permitted Accessory Structures. Buildings or structures which facilitate the primary structure, including maintenance buildings, storage facilities, etc.
(b) Permitted – No Zoning Permit Required. Structures with a building footprint of less than fifty square feet (50 sq. ft)
(c) General Requirements. Accessory structures shall comply with the following requirements:
(1) Relationship to Primary Use. Shall be customarily incidental, accessory and subordinate to, and commonly associated with the primary use of the lot.
(2) Ownership. Shall be operated and maintained under the same ownership as the primary structure.
(3) Setbacks.
A. Front Yard Setbacks– Accessory structures shall not encroach upon the established front setback of the lot on which they are located, except fences.
B. Side and Rear Setbacks: Accessory structures, except fences may encroach the side and rear setbacks, but may not be located closer than ten feet (10’) to the lot line.
C. In no case shall an accessory structure encroach upon a buffer yard.
(4) Height. The maximum height for an accessory building is forty feet (40') in height.
(5) Occupancy. Accessory buildings shall not be occupied as a dwelling.
(Ord. 2023-115. Passed 12-19-23.)
1161.01.5 EASEMENTS.
The City is not responsible for researching recorded utility easements in the zoning permit review process. Any building or structure placed in a recorded utility easement becomes the risk and responsibility of the owner.
(Ord. 2023-115. Passed 12-19-23.)
1161.02 ARCHITECTURAL STANDARDS.
1161.02.1 PURPOSE.
To promote the design and construction of new buildings that support and enhance character within the City of Findlay. The following standards are introductory minimums in comparison to standards adopted in many other communities with a high quality of living. The proposed standards should be viewed as a starting point for improving the architectural character of the City’s commercial districts. The standards are only proposed for Multi-Family Residential Districts, Office and Institutional Districts, and Local and General Business Districts. Standards are suggested herein to regulate rooflines on large buildings, to prescribe exterior materials, and to assure four-sided architectural design. The standards will help to establish a community-wide architectural quality. Standards should continuously be developed later to establish architectural compatibility between new construction and the existing built environment.
(Ord. 2023-115. Passed 12-19-23.)
1161.02.2 TERMS.
To incorporate architectural standards, it is necessary to establish a few base terms in this zoning chapter:
(a) Articulation. Enhancements prescribed vertically or horizontally across building façade or roof.
(b) Bays. A square unit of measurement used for designing architectural features and materials proportionate to building facades.
(c) Primary Facades. The prominent façade is the building front and has a main entryway. It typically faces the main street that provides vehicular access to the site. Signage indicating the business name and entrance may or may not exist on this façade. Primary facades on all nonresidential buildings shall be articulated both vertically and horizontally to relate the structure to the human-scale.
(d) Visible Secondary Façades. Visible secondary facades are visible from public rights-of-way, public areas or residential areas and shall have a clear base, middle, and top portion emphasized by the articulation to a human-scale. Visible secondary façades should incorporate a variety of architectural design features, techniques, patterns, materials and colors in a coordinated manner that relate to the overall design of the structure. (See Figure 1161.2 – 1)
(e) Secondary Façades. Secondary facades face other secondary facades of nonresidential buildings and are not visible from adjacent residential or public areas. Secondary façades or portions of secondary façades completely screened from public or residential areas by dense landscaping or other structures shall not be required to include elements of articulation.
(f) Vertical Articulation (Figure 1161.2-1). Vertical articulation is used to present the appearance of a clerestory, half-story, or multiple full stories through one of the following methods:
(1) Exterior demarcation of the floors within, using a change in building materials, masonry patterns, or windows. (Figure 1161.2 – 1 Vertical Articulation Demarcation)
(2) Shed, gabled, or hipped roof forms with dormers which have windows or vents. (Figure 1161.2 – 3 Vertical Articulation – Roofing)
(3) Vertical recess of wall plane to a depth of at least three percent (3%) of the building’s depth, with window openings in the recessed wall indicating the presence of an upper-story. (Figure 1161.2 – 4 Vertical Articulation – Recesses)
(g) Horizontal Articulation. To break up wall planes on elevations measuring more than sixty feet (60’) in width using bays proportionate to the building dimensions and any two (2) of the following:
(1) Change in wall plane. Achieved using projections or recesses, the change in depth from one bay to the next shall be a minimum of three percent (3%) of the length of the façade.
(2) Change in height of wall and/or variation in roof form.
(3) Change in texture or masonry pattern.
(4) Windows.
(5) Other architectural elements and detailing such as pilasters.
igure 1161.2-1 Vertical Articulation Demarcation This secondary facade is visible from a public road. The articulation has been carried over from the primary facade and incorporates variation in building materials and colors as well as a belt course and other trim details to break-up the facade. Variation in wall height has also been employed. |
Figure 1161.2-2 Vertical Articulation Roofing This primary facade is visible from a public road. The vertical articulation includes a staggered gable roof form with dormers and use of bays to uniformly divide and compose the retail space. |
Figure 1161-2.1 Vertical Articulation Demarcation The building height is broken into multiple rows of windows placed at various heights including clerestory or transom windows in the case of a half-story |
Figure 1161.2-1 Vertical Articulation - Recess This side view of a front facade shows setbacks or changes in wall plane used to achieve horizontal articulation. The facade also incorporates variation in building materials, pilasters and wall height to provide definition from one bay to another. |
Figure 1161.2-1 Vertical Articulation - Recess This side view of a front facade shows setbacks or changes in wall plane used to achieve horizontal articulation. The facade also incorporates variation in building materials, pilasters, and wall height to provide definition from one bay to another. |
(Ord. 2023-115. Passed 12-19-23.)
1161.02.3 ARCHITECTURAL STANDARDS R-1. R-2. R-3 AND R-4 RESIDENTIAL DISTRICTS.
No Architectural Standards Apply. Reserved for Future.
(Ord. 2023-115. Passed 12-19-23.)
1161.02.4 ARCHITECTURAL STANDARDS M-1 AND M-2 MULTI-FAMILY DISTRICTS (NEW CONSTRUCTION ONLY).
(a) Facades. The following designations are to be incorporated into the architectural design of primary structures and secondary structures, including detached garages and club houses.
(1) Primary Facades. Shall incorporate horizontal and vertical articulation and pronounced entry ways.
(2) Visible Secondary Facades. Applicable to primary structures, club houses, and parking structures.
(b) Windows. Windows are required on all sides of apartment buildings that are facing a street or common area.
(d) Foundation. No more than the lowest nine inches (9”) of a foundation wall shall be exposed to view on any side of a structure.
(Ord. 2023-115. Passed 12-19-23.)
1161.02.5 ARCHITECTURAL STANDARDS O-1, C-1, C-2 AND C-3 COMMERCIAL DISTRICTS NEW CONSTRUCTION OR MAJOR CHANGES PER CHAPTER 1113.29 ADMINISTRATIVE REVIEW AND ACTIONS.
(a) Facades. The following designations are to be incorporated into the architectural design of primary structures and secondary structures, including strip development, out parcels, and Planned Mixed Use Development Projects.
(1) Primary Facades. Shall incorporate horizontal and vertical articulation and pronounced entryways.
(2) Visible Secondary Facades. May incorporate horizontal or vertical articulation.
(b) Lineal/Strip Development. Lineal strip developments shall incorporate variation in building height, building mass, roof forms and changes in wall planes. Parapet walls are encouraged to enhance the roofline and hide mechanical systems. See Figure 1161.02.1 Strip Developments. (Ord. 2023-115. Passed 12-19-23.)
1161.02.6 ADDITIONAL CRITERIA.
(a) Entrances. Pedestrian or customer entryways on primary facades shall be emphasized by using two (2) of the following elements:
(1) Roofing.
A. Overhang in proportion to the entry.
B. Change in roof pitch using a separate dormer style pronunciation.
(2) Vertical Articulation.
(3) Horizontal Articulation.
(b) Screening. Mechanical equipment, refuse facilities, and loading docks All mechanical equipment, trash compactors, pallets, loading docks and the like shall be screened from view. Screening can be achieved through the use of landscape mounds, masonry walls, or fences. Screening enclosures shall be architecturally compatible with the primary structure. Chain-link fences are not permitted.
(c) Roof Mounted Mechanical Equipment. Equipment mounted on the roof must be screened from ground-level view. The use of parapet walls or other roof structures may be used. The screening enclosures shall be architecturally compatible.
Figure 1162.03.3-1 Lineal Strip Development
The use of vertical articulation across the primary façade helps break up the bulk of the three buildings, adds variety of rooflines, yet maintains a six (6) bay approach on each façade to offer
some uniformity and relationship to the buildings.
(Ord. 2023-115. Passed 12-19-23.)
1161.02.7 ARCHITECTURAL MATERIALS.
The following table indicates materials approved by façade type (primary, secondary, etc.) or by type of project.
PP Permitted/Primary and Secondary Façades
PS Permitted/Secondary Façade
A/T Permitted as Accent
C Conditionally Permitted
TABLE 1161-02.5-1 ARCHITECTURAL MATERIALS | ||||||||
EXTERIOR FINISH MATERIALS | C-2 PMUD | C-1 PRD | M-1, M-2 | Gas Station Canopies | Large-Scale Office | Small Scale- Office | Civic & Institutional | Other |
Unglazed red-tone brick | PP 1, A/T | PP, A/T | PP 1, A/T | PP, A/T | PP 1, A/T | PP, A/T | PP 1, A/T | PP 1 A/T |
Natural Stone | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T |
Cut Stone | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T | PP, A/T |
Wood Clapboard | PP, A/T | PP, A/T | PP, A/T | PP, A/T | C | |||
Fiber Cement Siding | PP, A/T | PP | PP, A/T | PP | PP, A/T | PP | PP | C |
Cement Veneers | C | C | ||||||
Brick Veneers | PP | PP | PP | PP | PP | PP | C | |
Exterior Insulate Finish Systems (EIFS) | PS, A/T | A/T | PP 2, A/T | A/T | PS, A/T | A/T | PS/AT | C |
Decorative Concrete Masonry Units | PS | A/T | PS | A/T | PP/AT | C, A/T | ||
Tilt-Up Architectural Concrete | PS | PS | PS | C | ||||
Decorative metal siding | PS | C | ||||||
Steel Sheet Siding | C | C | ||||||
Wood Trim, Moldings | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Fiber Cement Trim, Moldings | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Metallic Flashing or Trim (aluminum, steel, copper brass) | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Vinyl Trim | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
PVC Trim or Moldings | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Terra-Cotta Details or Tile | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
White-Washed Brick | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Glazed Brick | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Glazed or Unglazed Decorative Tiles | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
Cast or Wrought Metal | A/T | A/T | A/T | A/T | A/T | A/T | A/T | A/T |
(Ord. 2023-115. Passed 12-19-23.)
1161.03 FENCE AND WALL STANDARDS.
(a) The following standards apply in all districts. Property Line
(1) Fences and walls may be located up to the property line.
(2) Fences and walls shall not encroach upon the rights-of-way or the proposed rights-of-way indicated by the Thoroughfare Plan.
(b) Height.
(1) Fences located in the front yard, up to an established building line, shall not exceed forty-eight inches (48”) in height and shall be fifty percent (50%) open.
Example: If the picket is two inches (2”) wide, the gap between the pickets must be at least two inches (2”).
(2) Fences located in the side and rear yards shall not exceed eight feet (8’) in height unless they are adjacent to an interstate highway, then the maximum height is ten feet (10’).
(3) Fences located in the street side yard may be constructed up to an established building line, or; street side yard setback, whichever is lesser. Fence shall not exceed forty-eight inches (48”) in height and shall be fifty percent (50%) open.
(4) Fences located in the I-1 and I-2 Zoning Districts:
A. May be ten feet (10’) in height.
B. Fences exceeding forty-eight inches (48”) in height must maintain a five-foot (5’) setback from rights-of-way.
(c) Materials and Appearance.
(1) Non-Structural Face Outward.
A. Fences and walls shall present the non-structural face outward.
(2) Security Fencing.
A. Fences and walls shall not incorporate barbed wire, security wire, sharpened top spikes, or similar prevention materials (I-1 Light Industrial and I-2 General Industrial are exempt from this requirement).
B. Chain-link fences shall only be erected in side or rear yards.
C. Slats are prohibited in chain link fences.
(3) Responsibility. The property owner is responsible for the location of the fence in regards to the property line, easements, and any other issues that may result. Exceptions:
The following fences are exempt from the height requirements:
A. Baseball diamonds.
B. Tennis courts.
C. Golf driving ranges.
D. Playgrounds.
E. Sports or activities requiring protective fencing.
(d) Corner Vision Clearance Standards. Fences, walls, shall meet all requirements of Section 1163.11 Corner Vision Clearance Standards.
(Ord. 2023-115. Passed 12-19-23.)
1161.04 HEIGHT STANDARDS.
1161.04.1 ALL DISTRICTS.
(a) Measurement. The height of a building shall be measured as the vertical distance from the ground level to the highest point of the roof.
(b) Exceptions.
(1) Fully Exempt. The following types of structures or building features are exempt from the maximum height standard as stated, provided that they are approved by the FAA and the Findlay Airport Board:
A. Church steeples, bell towers, and religious symbols.
B. Parapet walls, cupolas, and other non-occupied architectural features.
C. Silos.
D. Bell towers.
E. Smoke stacks where required to support the permitted use.
(2) Partially Exempt. The following types of structures or building features are exempt or partially exempt from the maximum structure height standard as stated:
A. Chimneys are allowed to extend ten feet (10’) above the roof's highest point.
B. Mechanical equipment and elevator bulkheads, when mounted on a roof, are allowed to extend ten feet (10’) above the roof's highest point, but shall be:
i. Located such that they are not visible from adjacent private and public streets; or
ii. Shielded from view with a parapet or other architectural feature such that they are not visible from adjacent private or public streets; or
iii. Constructed with the same exterior building materials as the structure; or
iv. Architecturally integrated into the building's designs as to not look like mechanical equipment or an elevator bulkhead.
(Ord. 2023-115. Passed 12-19-23.)
1161.04.2 HEIGHT STANDARDS BY DISTRICT.
Refer to Use Districts for height standard requirements.
(Ord. 2023-115. Passed 12-19-23.)
1161.05 HOME OCCUPATION STANDARDS.
1161.05.1 GENERAL STANDARDS - HOME OCCUPATION.
The Home Occupation Standards apply to the R-1, R-2, R-3, M-1, M-2, M-3 zoning districts. Home Occupations are a conditional use and require planning commission approval.
(Ord. 2023-115. Passed 12-19-23.)
1161.06 LANDSCAPING STANDARDS.
1161.06.1 GENERAL REQUIREMENTS M-1, M-2, M-3, O-1, C-1, C-2, C-3, I-1 AND I-2.
(a) Landscape Plans. Landscape plans shall be submitted for approval with site plans and shall meet the following requirements of site plans:
(1) Property lines.
(2) North arrow.
(3) Scale.
(4) Existing and proposed structures.
(5) Existing and proposed pavement.
(6) Rights-of-way.
(7) Easements.
(8) Topography (If available).
(9) Utilities.
(10) Fences and walls.
(11) Existing wooded areas.
(12) Proposed plant material with:
A. Identification.
B. Caliper/size.
C. Quantity.
D. Planting details.
(b) Landscape Plan Installation Extension. Time Limit: Upon request, the City of Findlay may grant an extension of up to one hundred eighty (180) days for the complete installation of landscaping materials due to seasonal or weather conditions which preclude the quality installation of plant materials.
(c) Performance Guarantee. As a condition of the extension, the Zoning Administrator shall require a performance bond, letter of credit, or other satisfactory assurance from the person requesting the extension. (Ord. 2023-115. Passed 12-19-23.)
1161.06.2 LANDSCAPING STANDARDS M-1, M-2, O-1, C-1 AND C-2.
(a) Trees.
(1) Lots over 15,000 square feet but less than 30,000 square feet must be planted with a minimum of one (1) canopy tree.
(2) Lots 30,000 square but less than 45,000 square feet must be planted with a minimum of two (2) trees, one (1) of which must be a canopy tree.
(3) Lots 45,000 square feet or more must be planted with three (3) trees plus one (1) more per every 15,000 square feet over 45,000 square feet. At least one-third (1/3) of all trees planted shall be canopy trees.
(4) Deciduous trees must have 1 1/2” caliper at time of planting; or, evergreen trees shall be six feet (6’) tall at the time of planting.
(b) Foundation Planting.
(1) At least two (2) shrubs or ornamental trees shall be planted for every twelve (12) lineal feet of building circumference; or, foundation planting may be placed evenly distributed or clustered. Shrubs shall be at least 18 inches in height when planted or be a minimum of a two-gallon container size.
(Ord. 2023-115. Passed 12-19-23.)
1161.06.3 LANDSCAPING STANDARDS - PARKING LOTS M-1, M-2, O-1, C-1, C-2, I-1 AND I-2.
(a) Perimeter Landscaping. Parking lots with six (6) or more spaces shall have the following perimeter plantings:
(1) Screening. Parking lots shall be screened from streets and adjacent lots using a combination of plant materials, decorative fences, and decorative walls.
(2) Shrubs. Shrubs shall be planted at a minimum ratio of one (1) shrub per five (5) lineal feet around the perimeter. Minimum size at planting shall be twenty-four (24) inches in height. A minimum of fifty percent (50%) of the shrubs shall be evergreen.
(3) Walls and Fences. A wall or decorative fence may be used in lieu of shrubs. See Section 1161.03 (fencing) for applicable requirements.
(4) Quantity.
A. One (1) deciduous tree per forty (40) feet of parking lot perimeter shall be planted within ten (10) feet of the parking lot edge.
B. The trees may be clustered or arranged in various patterns.
C. Drive aisles located along the property lines shall be required to have half of the above landscaping requirement.
(5) Setback. Landscape buffers are permitted within the setback from the lot line per Section 1161.11.4.
(b) Interior Parking Lots- Landscaping Islands and Bump Outs. Parking lots with twenty (20) or more parking spaces are required to have landscape islands. The standards for such are as follows:
(1) One (1) Landscape Island or bump out shall be provided per twenty (20) spaces.
(2) Islands and/or bump outs shall be distributed equally throughout the parking lot.
(3) Islands and bump outs shall be at least one hundred sixty-two square feet (162 sq. ft.) in size.
(4) Each island or bump out shall contain at least one (1) tree per one hundred eighty square feet (180 sq. ft.).
(5) Each island or bump out shall be bordered by a four inch (4”) or higher curb above the surface of the parking lot.
(6) Islands and bump outs shall not be filled with impervious surfaces. They shall be maintained with a combination of plants and mulch, grass, and or decorative landscaping stone.
(Ord. 2023-115. Passed 12-19-23.)
1161.06.4 LANDSCAPING STANDARDS - PARKING LOTS C-3.
(a) Perimeter Landscaping. Main Street or Main Cross parking lots with frontage on Main Street or Main Cross Street shall have the following perimeter screening. This includes:
(1) Any newly constructed parking lot;
(2) The expansion of an existing parking lot frontage by twenty-five percent (25%) or more within a two (2) year period;
(3) The demolition and rebuilding of the site;
(4) Major redevelopment of the site.
(5) Buffer.
A. Parking lots with frontage on Main Street or Main Cross Street shall have a minimum five foot (5’) wide buffer area for a decorative wall or wall/fence combination for screening.
B. Corner clearance standards do not apply to this section.
C. If a parking lot has street frontage on Main Street or Main Cross Street and a secondary street, it will be required to continue a masonry wall or wall/fence combination on the secondary street until it intersects with a public right of way, such as a street or alleyway, or two hundred feet (200’) whichever is less. The remainder of the frontage on a secondary street must be screened by landscaping.
D. For areas that are not required to have a masonry wall, they are required to have landscape screening as required in Section B Landscaping Standards.
(6) Walls.
A. A decorative wall or wall-fence combination that is a minimum of three and a half feet (3 ½’) in height and no more than six feet (6’) in height must be installed within the buffer area.
B. The wall must not be blank and monotonous in appearance and must incorporate decorative patterns or architectural elements such as piers, pilasters or breaks in the wall.
C. Decorative walls must not be more than fifty percent (50%) masonry above three and a half feet (3 1/2’). Smooth faced blocks, wire or chain link fencing, painted or stained wood screens, unpatterned or unpainted concrete or concrete blocks, or split faced block shall not be permitted.
D. The decorative wall and primary structure should appear as a unified architectural statement.
E. Decorative name plates or lettering encompassing no more than eight square feet (8 sq. ft.) in size are permitted on wall space to identify the lot.
i. Name plate or lettering shall not be internally lit.
ii. Back lighting or external lighting is permitted.
F. The placement of the wall within the buffer area is left to the discretion of the owner.
G. At minimum one (1) shrub shall be installed for every five feet (5’) of masonry wall. At least fifty percent (50%) of shrubs must be evergreen. The layout and design of the shrubs is left to the discretion of the owner. The shrubs may be clustered or evenly spaced and or placed on either side of the wall.
Figure A: Example of decorative wall and shrub line
Figure B: A second example of decorative wall and shrub line.
(7) Fences.
A. For parking lots that are required to construct over one hundred feet (100’) of masonry wall, masonry pillars with wrought iron or wrought iron like fencing and landscaping may be substituted for a complete masonry wall. For fence runs of one hundred to one hundred fifty feet (100-150’), pillars should be placed twenty feet (20’) apart. For fence runs one hundred fifty to two hundred feet (150-200’), pillars should be placed thirty feet (30’) apart. Fence runs over two hundred feet (200’) or more, pillars should be spaced fifty feet (50’) apart. Pillars must be evenly spaced along the frontage. See Figure C.
B. Landscaping shall be placed between pillars and designed to provide 100% opacity up to three feet (3’)in height within two (2) years of planting.
Figure C: An example of decorative pillar/wrought iron fence combination and shrub/tree line
(8) Exceptions.
A. Parking lots with frontage on Main Street or Main Cross Street that are set back fifty feet (50’) or more from the right of way are not required to construct a masonry wall or fence. However, they are still required to meet the landscaping standards of a parking lot in C-3 that does not have frontage on Main Street or Main Cross Street. See Section B.
B. Car dealerships are not required to screen parking lots that are for the display of vehicles for sale. Screening is still required for any parking lots that are used for purposes other than the display of vehicles for sale.
(b) Parking lots within the C-3 District without frontage on Main Street OR Main Cross Street. Parking lots within the C-3 District without frontage on Main Street OR Main Cross Street shall have the following perimeter screenings:
(1) Buffer. Parking lots with frontage on all other streets in C-3 shall have a minimum three feet (3’) wide buffer area for a landscaping screen.
(2) Screening. Parking lots shall be screened from streets using either plant materials or decorative walls. Parking lots directly adjacent to residential lots shall use opaque fencing or masonry walls for screening from the abutting residential use.
(3) Shrubs. Shrubs shall be planted at a minimum ratio of one (1) shrub per five lineal feet (5 LF) around the perimeter. Minimum size at planting shall be twenty-four inches (24”) in height. A minimum of fifty percent (50%) of the shrubs shall be evergreen.
(4) Walls. A masonry wall may be used in lieu of shrubs. See Section 1161.03 (fencing) for applicable requirements. Walls must be a minimum of three and a half feet (3 ½ ‘) in height.
(Ord. 2023-115. Passed 12-19-23.)
1161.07 SCREENING STANDARDS.
1161.07.1 GENERAL SCREENING STANDARDS M-1, M-2, O-1, C-1, C-2, I-1 AND I-2 .
(a) Intent. The intent of general screening standards if to soften the potential conflicts between uses in one (1) zoning district from the uses in an adjacent zoning district by using distance, plantings, fences, walls, and mounds. The applicant should meet with the Planning Commission Staff to determine the extent of the buffering required between two (2) zoning districts. It is the intent of this Chapter to screen the less intensive district from the effects of the more intensive district.
(b) Applicability. Screening requirements only apply along the property lines (front, side, and rear property lines included) where incompatible zoning districts or uses meet. Buffer yards requirements supplement the required setbacks.
(c) Order of Responsibility for Installation.
(1) New Development – Higher Intensity. New development zoned for higher intensity uses than adjacent land shall meet the screening requirements as a condition for approval.
(2) Expansion Re-Development – Higher Intensity. Where a property is being expanded adjacent to another with a less intensive zoning district or use, the redevelopment must meet the current screening standards for the entire site. Any existing screening or vegetation will count towards the entire screening.
A. Buildings less than 50,000 gross square feet when expanding by thirty percent (30%) or more in size.
B. Buildings greater than 50,000 or greater gross square feet when expanding by fifteen (15%) or more in size.
(d) Existing Trees. Existing trees within the buffer yard can be applied toward the buffer yard requirements. In order for these trees to be credited, they must have a caliper of at least two (2) inches (2”). However, the required ratio of evergreen and canopy trees must be met. Existing trees shall get a 1 for 1 credit.
(Ord. 2023-115. Passed 12-19-23.)
1161.07.2 LEVEL 1 SCREENING REQUIREMENTS M-1, M-2, O-1, C-1, ABUTTING R-1, R-2, AND R-3.
Level 1 screening is required where multifamily, nonresidential, institutional, office, or C-1 neighborhood commercial districts or uses abut a single-family use. Upon review of the site plan and in consideration of intensity of use and other site factors, Planning Commission will prescribe one (1) of the three (3) different screening requirements which are outlined below:
(a) Option 1. Three (3) canopy trees and three (3) evergreen trees per one hundred lineal feet (100 LF) of contiguous boundary within the conflicting zoning district or use.
(b) Option 2. Four (4) canopy trees, four (4) evergreen trees and ten (10) evergreen shrubs per one hundred lineal feet (100’) (100 LF) of contiguous boundary with the conflicting zoning district or use.
(c) Option 3. Five (5) canopy trees and five (5) evergreen trees. In addition, one (1) of the following:
(1) Twenty (20) evergreen shrubs per 100 feet. (100’)
(2) Six feet (6’) in height privacy fence made of wood.
(3) Four feet (4’) in height decorative masonry wall.
(Ord. 2023-115. Passed 12-19-23.)
1161.07.3 LEVEL 2 SCREENING REQUIREMENTS C-2 ABUTS R-1, R-2, R-3, M-1, M-2, OR, MH; OR I-1, I-2 ABUTS C-1, C-2, AND C-3.
Level 2 screening is required where C-2 commercial district or use abut a single-family, multifamily, office, or institutional uses or districts. The screening is also required where industrial uses or districts abut commercial uses or districts. Upon review of the site plan and in consideration of intensity of use and other site factors, the City Planning Commission will be prescribed one (1) of the three (3) different screening requirements which are outlined below.
(a) Option 1. Four (4) canopy trees and four (4) evergreen trees per one hundred lineal feet (100 LF) of contiguous boundary with the conflicting zoning district or use.
(b) Option 2. Five (5) canopy trees and five (5) evergreen trees and ten (10) evergreen shrubs per one hundred lineal feet (100 LF) of contiguous boundary with the conflicting zoning district or use.
(c) Option 3. Five (5) canopy trees and five (5) evergreen trees and twenty (20) evergreen shrubs per one hundred lineal feet (100 LF) of contiguous boundary with the conflicting zoning district or use. In addition, a six-foot (6’) in-height fence, masonry wall, or landscape mound shall be installed.
(Ord. 2023-115. Passed 12-19-23.)
1161.07.4 LEVEL 3 SCREENING REQUIREMENTS I-1 AND I-2 ABUT ANY RESIDENTIAL DISTRICT.
Level 3 screening is required where single-family, multifamily, or institutional uses or districts abut an industrial use or district. The following quantities are minimum requirements:
(a) Option 1. Four (4) canopy trees and four (4) evergreen trees and either ten (10) evergreen shrubs or a six-foot (6’) in-height landscaping mound, per one hundred lineal feet (100’) of contiguous boundary with the conflicting zoning district or use.
(b) Option 2. Six (6) canopy trees and six (6) evergreen trees and ten (10) evergreen shrubs per one hundred lineal feet (100’) of contiguous boundary with the conflicting zoning district or use. Additionally, a six (6’) foot fence or a five (5’) to eight (8’) foot in-height landscaping mound shall be installed.
(c) Option 3. Five (6) canopy trees and (6) evergreen trees and twenty (20) evergreen shrubs per one hundred lineal feet (100 LF) of contiguous boundary with the conflicting zoning district or use. Additionally, a six-foot (6’) fence or a five (5’) to eight (8’) foot in-height landscaping mound shall be installed.
(d) Placement. All trees, shrubs, and screening shall be installed within the required setback.
(e) Security Fencing. Any security fencing necessary to the business or industry shall have a setback ten feet (10’) from the property line.
(Ord. 2023-115. Passed 12-19-23.)
1161.07.5 REFUSE AND DUMPSTER ENCLOSURES.
(a) Dumpster Enclosures.
(1) Screening. Dumpsters, compactors and similar containers shall be screened on all sides by a fence or wall.
(2) Height. The height of the enclosure shall be six feet (6’) tall (or higher if the height does not block the view of the dumpster, compactor, or similar container).
(3) Required Yards. For lots with single frontage, dumpsters, compactors or similar containers shall not be located in any required front yard and must be at least ten feet (10’) from all other lot lines. For lots with multiple street frontage, dumpsters, compactors, or similar containers cannot be in the required front yard.
(Ord. 2023-115. Passed 12-19-23.)
1161.08 LANDSCAPING STANDARDS; INTERSTATE SCREENING.
1161.08.1 R-1, R-2, R-3, M-1, M-2, O-1, C-1, C-2, I-1, AND -2.
Properties that abut an Interstate shall install a minimum of one (1) canopy deciduous or
evergreen tree per sixty feet (60’) of property that is contiguous to the roadway. If the abutting property has more than five feet (5’) and less than seventy-five feet (75’) contiguous to the roadway, then a minimum of one (1) tree shall be planted.
(Ord. 2023-115. Passed 12-19-23.)
1161.09 LIGHTING ORDINANCE.
1161.09.1 PURPOSE.
The purpose of the Lighting Ordinance is to provide regulations for outdoor lighting that will:
(a) Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment and commerce.
(b) Minimize adverse offsite impacts including light trespass, and obtrusive light.
(c) Curtail light pollution and improve the nighttime environment for astronomy.
(d) Help protect the natural environment from the adverse effects of night lighting derived from gas or electric sources.
(e) Conserve energy and resources to the greatest extent possible.
(Ord. 2023-115. Passed 12-19-23.)
1161.09.2 APPLICABILITY.
Except as described below, all outdoor lighting installed after the date of effect of this Ordinance shall comply with these requirements. This includes, but is not limited to, new lighting, replacement lighting, or any other lighting whether attached to structures, poles, the earth, or any other location, including lighting installed by any third party.
(Ord. 2023-115. Passed 12-19-23.)
1161.09.3 EXCEPTIONS.
The following are not regulated by this Ordinance:
(a) Lighting within public rights-of-way or easements for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right of way or easement when the purpose of the luminaire is to illuminate areas outside the public right of way or easement.
(b) Lighting for public monuments and statuary.
(d) Temporary lighting for theatrical, television, performance areas, hazards, and construction sites.
(e) Underwater lighting in swimming pools and other water features.
(f) Temporary lighting and seasonal lighting provided that individual lamps are less than ten (10) watts and seventy (70) lumens.
(g) Lighting that is only used under emergency conditions.
(Ord. 2023-115. Passed 12-19-23.)
1161.09.4 LIGHTING STANDARDS, ALL ZONING DISTRICTS.
(a) Glare Reduction. All outdoor lighting in all Use Districts used to light the general area of a specific site or for external illumination of buildings or structures, shall be shielded and arranged to reduce glare and to reflect light away from all adjacent and neighboring persons, property or public roads and highways, and so as to not interfere with the vision of such persons or adjacent property.
(b) Adjacent to Residential Zones. For office, commercial, and industrial zones and any roadway adjacent to residential zones:
(1) Shielding. No light fixture shall be placed in such a manner that its light emitting surface is directed at any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level.
(2) Any luminaries on a pole, stand, or mounted on a building must have a shield, an adjustable reflector, and a non-protruding diffuser.
(3) Maximum Intensity. The level of lighting shall not exceed 0.5-foot candles at any residential property line or 1.0-foot candles at any non-residential property line.
(4) Recessed Diffusers Required. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy.
(5) Enforcement. Measurements of light readings shall be taken vertically along any portion of a property line of the subject property with a light meter laid on the property line and facing the center of the property.
(6) Maximum Elevation. Parking lot pole lights shall not exceed twenty-five feet (25’) in height.
(Ord. 2023-115. Passed 12-19-23.)
1161.09.5 LIGHTING ZONES - RESERVED FOR ADOPTION.
This Chapter is reserved for future use. The scope of this zoning code re-write is intended to address non-residential lighting glare and glow. In review of work by the Illuminating Engineering Society, outdoor residential lighting is as pervasive a problem to the night sky as are non-residential uses. Therefore, the City of Findlay should consider establishing lighting zones per the Illuminating Engineering Society’s Recommended Model Lighting Ordinance (MLO). As written, this Ordinance aims to minimize the effects of unwanted backlight, uplight, and glow in the City caused by non-residential lighting. See the Definitions Chapter for more information on each. (Ord. 2023-115. Passed 12-19-23.)
1161.09.6 LIGHTING CONTROL REQUIREMENTS.
(a) Automatic Switching Requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient daylight is available using a control device or system such as a photoelectric switch, astronomic time switch or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system. (Ord. 2023-115. Passed 12-19-23.)
1161.09.7 HIGH INTENSITY AND SPECIAL PURPOSE LIGHTING.
The following lighting systems are prohibited from being installed or used except by special use permit:
(a) Temporary lighting in which any single luminaire exceeds 20,000 lumens or the total lighting load exceeds 160,000 lumens.
(b) Aerial Lasers.
(c) Searchlights.
(d) Other very intense lighting defined as having a light source exceeding 200,000 lumens or an intensity in any direction of more than 2,000,000 candelas.
(Ord. 2023-115. Passed 12-19-23.)
1161.09.8 COMPLEX AND NON-CONFORMING USES.
(a) Upon special permit issued by the City, lighting not complying with the technical requirements of this ordinance but consistent with its intent may be installed for complex sites or uses or special uses including, but not limited to, the following applications:
(1) Sports facilities, including but not limited to unconditioned rinks, open courts, fields, and stadiums.
(2) Construction lighting.
(3) Lighting for industrial sites having special requirements such as petrochemical manufacturing or storage, etc.
(4) Parking structures.
(5) Urban parks.
(6) Decorative and architectural lighting of bridges, public monuments, and public buildings.
(b) To obtain such a permit, applicants shall demonstrate that the proposed lighting
installation:
(1) Has sustained every reasonable effort to mitigate the effects of light on the environment and surrounding properties supported by a signed statement describing the mitigation measures. Such statement shall be accompanied by the calculations required for the Performance Method.
(2) Employs lighting controls to reduce lighting at a Project Specific Curfew (“Curfew”) time to be established in the Permit.
(3) Complies with the Performance Method after Curfew.
(c) The Zoning Administrator shall review each such application. A permit may be granted if, upon review, the Administrator determines that the proposed lighting will not create unwarranted glare, sky glow, or light trespass.
(Ord. 2023-115. Passed 12-19-23.)
1161.09.9 EXISTING LIGHTING.
Lighting installed prior to the effective date of this ordinance shall comply with the following.
(a) Amortization. On or before January 1, 2016, all outdoor lighting shall comply with this Code.
(b) New Uses or Structures, or Change of Use. Whenever there is a new use of a property (zoning change or variance) or the use on the property is changed, all outdoor lighting on the property shall be brought into compliance with this Ordinance before the new or changed use commences.
(c) Additions or Alterations.
(1) Major Additions. If a major addition occurs on a property, lighting for the entire property shall comply with the requirements of this Code. For purposes of this Chapter, the following are considered to be major additions:
A. Additions of twenty-five percent (25%) or more in terms of additional dwelling units, gross floor area, seating capacity, or parking spaces, either with a single addition or with cumulative additions after the effective date of this Ordinance.
B. Single or cumulative additions, modification or replacement of twenty-five percent (25%) or more of installed outdoor lighting luminaires existing as of the effective date of this Ordinance.
(2) Minor Modifications, Additions, or New Lighting Fixtures - Non-residential and Multiple Dwellings.
A. All additions, modifications, or replacement of more than twenty-five percent (25%) of outdoor lighting fixtures existing as of the effective date of this Ordinance shall require the submission of a complete inventory and site plan detailing all existing and any proposed new outdoor lighting.
B. Any new lighting shall meet the requirements of this Ordinance.
(d) Resumption of Use after Abandonment. If a property with non-conforming lighting is abandoned for a period of six (6) months or more, then all outdoor lighting shall be brought into compliance with this Ordinance before any further use of the property occurs. Furthermore, zoning shall have the determination when to remove all outdoor lighting after six (6) months of abandonment.
(Ord. 2023-115. Passed 12-19-23.)
1161.10 OUTDOOR STORAGE STANDARDS.
1161.10.1 OUTDOOR STORAGE; M-1, M-2, R-1, R-2, AND R-3 AND R-4 RESIDENTIAL DISTRICTS.
(a) Recreational Vehicles and Trailers. Storage or parking of recreational vehicles or any trailer is subject to the following conditions:
(1) Fixed Connections and Utilities. Recreational equipment parked and stored shall not have fixed connections to electricity, water, or sanitary sewer facilities, and at no time shall this equipment be used for living or housekeeping purposes.
(2) Rear or Side Yard Storage. If camping or recreational equipment or any trailer is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot unless otherwise provided. The setback requirement on the side or rear yard shall be a minimum of three feet (3’). Parking surfaces may be permeable.
(3) Terms for Appearance in District.
A. Recreational Vehicles. Subject to the provisions of this Chapter, camping and recreational vehicles may be parked in the front yard not sooner than April 1 nor later than October 31 for not more than seventy-two (72) hours, but in no event shall the vehicle be parked, stored, or located on the premises for more than three (3) days out of a seven (7)-day period. For purposes of this Chapter, “day” shall mean any period of time, regardless of the duration, between 12:00 AM and 11:59 PM. For example, vehicles parked, stored, or located only three (3) hours one day, and four (4) hours the next, would constitute two (2) days. From November 1 to March 31, all recreational vehicles must be parked on a property as specified in Section 1161.10 Outdoor Storage Standards Recreational Vehicles.
B. Utility Trailers and Mobile Service Vehicles.
i. Utility trailers or mobile service vehicles must be parked or stored to the rear of the front building line of the lot.
ii. Utility trailers and mobile service vehicles must be parked on a hard surface.
iii. No utility trailers or mobile service vehicles can be parked at the property address if the vehicle is operated by an employee or contractor that does not reside at the residence.
C. Commercial Vehicles. Commercial vehicles, such as box trucks and dual axle vehicles, are not permitted to be parked in the residential district.
(b) Firewood Storage shall be prohibited from the required front yard and confined to the rear or side yard, or setback beyond the front building face.
(Ord. 2023-115. Passed 12-19-23.)
1161.10.2 OUTDOOR STORAGE O-1, C-1, C-2, C-3, I-1, I-2, I-3 DISTRICTS.
Outdoor storage is a conditional use and must be approved by City Planning Commission.
(Ord. 2023-115. Passed 12-19-23.)
1161.10.3 OUTDOOR DISPLAY OF MERCHANDISE O-1, C-1, C-2, C-3, I-1 AND I-2 DISTRICTS.
Outdoor displays of, or merchandise for retail sale shall be limited and shall adhere to the following requirements:
(a) Sites Under Three (3) Acres. Merchandise may not be located or displayed further than ten feet (10’) beyond any front or side building elevation. Where fueling station canopies are involved, the merchandise may be displayed around the supporting elements of the canopy and between the fuel pumps. However, the outer dimensions of the canopy shall not be considered a building line for the purposes of this section.
(b) Sites Three (3) Acres and Larger. Merchandise may not be located or displayed in any required setback. In cases such as large box retailers, the display of spring gardening supplies, for example, may be in parking lots provided such display does not reduce the required parking.
(c) Site Interference. In no instance shall outdoor displays interfere with any required parking, circulation aisles, or fire lanes. Parking areas must be paved.
(d) Vehicle Sales. The outdoor display, storage and parking of vehicles for sale shall be allowed provided that all preparation, repair and maintenance of the vehicles shall be enclosed. A ten-foot (10’) setback must be maintained from any rights-of-way with the exception of those establishments within the C-3 District.
(e) Outdoor Storage. Unless a site meets requirements in Section 1161.10.3 Outdoor Display of Merchandise, the outdoor display, storage or parking of goods, materials, or the wholesaling, warehousing or distribution operations for said goods and materials is not allowed.
(f) Display Area Requirements.
(1) Surface. Display areas shall have hard, dust free surfaces and shall be maintained in good condition.
(2) Orderly. Outdoor displays shall be arranged in an orderly manner. Examples include stacking, shelving, etc. A ‘pile’ of products is not considered an orderly manner.
(Ord. 2023-115. Passed 12-19-23.)
1161.10.4 OUTDOOR STORAGE; INDUSTRIAL I-1 AND I-2 DISTRICTS.
(a) Enclosure. All storage of raw, processed, or finished materials shall be fully enclosed by a combination of landscaping, wall, fence, or mounding.
(b) Distancing. One (1) shrub shall be installed for every ten feet (10’) of fence and one (1) tree shall be installed for every fifty feet (50’) of fence.
(Ord. 2023-115. Passed 12-19-23.)
1161.11 PARKING STANDARDS.
1161.11.1 PARKING STANDARDS, GENERAL - ALL ZONING DISTRICTS.
The intent of this Parking Standards Chapter is to establish minimal parking standards to assure public health, safety and welfare; minimize risks to the natural environment; create an aesthetic standard; minimize conflicts: and promote vehicular and pedestrian safety along roadways by minimizing on-street parking.
(a) Paving Required. Impervious Surface. All parking required in this zoning ordinance shall utilize a paved surface of concrete, asphalt, brick pavers, or the like. Under no circumstances shall gravel, stone, rock, dirt, sand or grass be permitted as parking areas unless otherwise provided.
(b) Front Yard Residential Districts/USES. Driveways and the parking of motor vehicles is not permitted on lawns, gravel, or other pervious type surfaces.
(c) Off-Alley Access. Drives and parking areas used to access accessory buildings or detached garages are required to be paved if they are accessed from an alley. This is applicable for all districts.
(d) Expansion of Legally Nonconforming Parking Areas. The expansion of any existing gravel, stone, or rock parking area is subject to Planning Commission review and any subsequent conditions or requirements set by the board.
(e) Ingress/Egress Paved. All ingress and egress points onto a driveway or into a parking area shall be paved.
(f) Parking Space Dimensions.
(1) Minimum Area: Each parking space shall be a minimum of one hundred sixty-two square feet (162 sq. ft.) in area.
(2) Minimum Width: Each parking space shall be a minimum of nine feet (9’) wide.
(3) Minimum Length: Standard: Each parking space shall be a minimum of eighteen feet (18’) long.
(g) Parking Aisle Widths. Minimum parking aisle widths shall be as follows:
(1) Ninety-degree (90º) angle space:
Twenty-four-foot (24’) wide parking aisle for one-or two way traffic.
(2) Sixty-degree (60º) angle space:
Eighteen-foot (18’) wide parking aisle for one-way traffic.
(3) Forty-five-degree (45º) angle space:
Fourteen-foot (14’) wide parking aisle for one-way traffic.
(4) Parallel
Twelve-foot (12’) wide parking aisle for one-way traffic.
Twenty-four feet (24’) wide parking aisle for two-way traffic.
(h) Access. Off-street parking spaces must be accessed from a public or private right-of-way or a platted access easement.
(i) Driving Lanes. Driving lanes in parking lots that provide access to parking aisles shall be clearly striped and shall be curbed.
(j) Parking Lot Layout. Where a Development Plan is required or when a re-configuration of an existing parking lot is proposed, the Planning Commission shall review the parking lot layout to ensure:
(1) Vehicular Circulation. That vehicular circulation to and within the parking lot is managed in a manner that creates conditions favorable to health, safety, convenience, and harmonious development by confirming;
(2) Access Points. That the design and location of proposed street and highway access points minimize safety hazards and congestion;
(3) Capacity. That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development;
(4) Compatibility. That the entrances, streets, and internal traffic circulation facilities in the Development Plan are compatible with existing and planned streets and adjacent developments; and
Example: Existing lot with 90-degree parking proposes 45-degree parking, narrowing the aisles to increase number of available parking spaces. The new layout would be required to comply with landscaping, bump outs, etc., per the new code requirements. Cross Reference City of Findlay Standards and Specifications for the Construction of Curb Cuts and Drive Approaches.
(k) Parking Lot Striping. Parking spaces in parking lots shall be striped so as to clearly show each parking space. The stripes shall be maintained in clearly visible condition. Re-striping for maintenance purposes will not require a zoning permit. However, the circulation and number of spaces provided may not be changed without a site plan review and approval.
(l) Number of Parking Spaces Required.
(1) Per Zoning District Requirements. Unless a specific use is identified in Section 1161.11.7, the number of required parking spaces shall be determined by the zoning district.
(2) Excessive Parking. A parking lot that exceeds the minimum parking space requirements by more than ten percent (10%) shall also:
A. Increase Bump-outs. The number of landscape bump-outs (in single-aisle parking lots) or landscape bump-outs and islands (in multiple-aisle parking lots) shall increase by the same percentage of the parking overage. Descriptions for bump-outs and islands can be found in Section 1161.06 Landscaping Standards (B) Interior Parking Lots- Landscaping Islands.
[Example: If the number of parking spaces is increased by thirty percent (30%), then the area of landscape islands and/or bump-outs shall be increased by thirty percent (30%)]
B. Installation. Each additional landscape island and/or bump-out shall be installed according to the requirements of Section 1161.06 Landscaping Standards Interior Parking Lots – Landscaping Islands & Bump-outs.
(3) Fire Department. Any parking space that is eliminated by the Fire Department for emergency access or parking shall not be counted toward the minimum required parking spaces and shall be relocated or accommodated for somewhere else on the site.
(4) Storage. Any parking space that is used for a cart corral or similar use shall not be counted toward the minimum number of required parking spaces.
(m) Subordinate Accessory Use Area. Where a structure incorporates subordinate accessory use areas that will not be used simultaneous to the primary use areas, or where such accessory use areas serve those utilizing the primary use areas of the structure, the Planning Commission may determine that the parking requirement for the primary use areas of the structure is adequate.
(Ord. 2023-115. Passed 12-19-23.)
1161.11.2 PARKING R-1, R-2. R-3 SINGLE FAMILY AND R-4 DUPLEX/TRIPLEX.
(a) Off-street Parking Spaces.
(1) Two (2) per unit. A minimum of two (2) off-street parking spaces are required per single family dwelling unit.
(2) Covered. The parking spaces required may include spaces within car ports or garages.
(3) Required parking is prohibited in the required front and side yards.
(b) Residential Use Included. All residential uses located in other zoning districts shall adhere to this Chapter.
(c) Prohibited.
(1) Semi-cab and/or trailer.
(2) Taxi Cabs
(3) Garbage hauling and/or scrapping vehicles.
(Ord. 2023-115. Passed 12-19-23.)
1161.11.3 PARKING, M-1 AND M-2 MULTI-FAMILY.
(a) Off-Street Parking Spaces. A minimum of two (2) off-street parking spaces are required per dwelling unit.
(b) Setbacks. Parking lots may project into the minimum setbacks, but shall not project into or interfere with any screening requirements except as permitted in Section 1161.06. A parking lot shall not be installed within five feet (5’) of a side lot line or within ten feet (10’) of a front or rear lot line.
(c) Visitor Parking Spaces Requirement. At least one (1) off-street space per five (5) units is required for visitor parking and shall be spread evenly throughout the development. Visitor parking spaces cannot include spaces in car ports, garages, or spaces that may block a carport or garage.
(d) Cross District Standard - Multi-Family Use Included. All multi-family uses located in other zoning districts shall adhere to this Chapter.
(e) Prohibited.
(1) Semi-cab and/or trailer.
(2) Taxi Cabs.
(3) Garbage hauling and/or scrapping vehicles.
(Ord. 2023-115. Passed 12-19-23.)
1161.11.4 PARKING STANDARDS; O-1, C-1, C-2, I-1, I-2, I-3.
The standards as set forth are by zoning district. However, the standards will be applied to respective uses situated in another district as well. For example, a use grandfathered in a residential district but belonging in a C-1 Commercial District shall meet the parking requirements as set forth in the C-1 District to offset any issues that may already be affecting the surrounding properties.
(a) Parking Lot Encroachment. Setbacks.
(1) Parking lots may project into the minimum setbacks, but shall not project into or interfere with any screening requirements except as permitted in Section 1161.06.
(2) A parking lot shall not be installed within five feet (5’) of a side lot line or within ten feet (10’) of a front or rear lot line, except when the parking lot is used as a shared parking lot as outlined below in Section 1161.11.4(e)(3): Shared Parking.
(b) Entrance and Exit Driveway Encroachment. Entrance and exit driveways may transect landscape easements and buffer yards only when crossing them.
(c) Maneuvering. Parking areas shall be designed to prevent vehicles from maneuvering in the public right-of-way.
(d) Drainage. Parking areas shall be constructed and maintained to allow proper drainage.
(e) Parking Lot Connectivity. It is the intent of this Chapter to reduce the number of access points adjacent to each other along major thoroughfares. The following shall be required upon review of plats and/or site plans and where it is determined there will be a need for more onsite circulation between several parcels. The Planning Commission shall require cross access easements to facilitate service connector roads to manage circulation, connect parking lots, and encourage shared parking arrangements among property owners to reduce impervious pavement.
(1) Cross-access Easements. Where parking lots connect, or are laid out to be connected, a cross-access easement shall be established at the time of site plan review and/or the platting of land in accordance with procedures outlined in Section 1113.21 and as provided in the City of Findlay Subdivision Rules and Regulations. The specifications for cross access easements are:
A. Minimum Width: Cross-access easements shall not be less than twenty feet (20’) in width.
B. Maximum Width: Cross-access easements shall not exceed thirty feet (30’) in width.
(2) Service Connector Roads: Where there are more than two (2) parcels or anticipated growth adjacent on more than one (1) parcel.
(3) Shared Parking: A group of adjacent properties may provide a shared parking area if all of the following criteria are met:
A. Minimum Number of Parking Spaces Required: The shared lot shall provide at least eighty percent (80%) of the cumulative total of parking spaces required for each use.
(4) Reciprocal Parking Agreement: A written reciprocal parking agreement signed by all property owners involved is required and shall include provisions concerning at least the following items:
A. Maintenance.
B. Lawn/gardening care.
C. Snow removal.
D. Utility payments for any lighting or landscaping/irrigation costs
(5) Ownership and Liability: The agreement shall be viewed and approved by the City Attorney. It shall be recorded in the County Recorder’s office. A copy of the recorded agreement shall also be submitted to and be kept in the City Engineering Office.
(6) Outlet Required: All parking aisles shall have an outlet or turn-around. Dead-end parking aisles are prohibited. To avoid dead end parking, the final parking spot in the row is required to have a five foot (5’) turn radius into an empty parking stub that is ten feet (10’) deep. See sketch
(7) Cart Corrals: Cart corrals are required for all retail businesses that have more than 30,000 square feet (30,000 sq. ft.) of retail space and that provide shopping carts to their customers. Any single cart corral shall not be any larger than ten feet (10’) by thirty-six feet (36’) in area.
(8) Institutional Uses: The portion of an institutional use of a parking lot used for bus circulation and staging is not required to install the landscape bumpouts and/or islands required in Section 1161.07.
(9) Parking Access: Parking spaces that may be blocked by other parking spaces or other obstacles will not be counted toward the required parking.
Example: For a commercial use, parking spaces located within a garage will not be counted.
(10) Use Included: All office, commercial, and industrial uses located in other zoning districts shall adhere to this Chapter.
(f) Utility Trailers and Enclosed Trailers.
(1) Utility trailers or enclosed trailers, parked or stored, may not be closer than thirty feet (30’) to any rights of way or; must be within ten feet (10’) of the primary building.
(2) Utility trailers or enclosed trailers must be parked on a hard surface.
(3) No utility trailers or enclosed trailers can be parked at the property address if the vehicle is not registered to that property, or business.
(Ord. 2023-115. Passed 12-19-23.)
1161.11.5 PARKING STANDARDS; REQUIRED NUMBER OF PARKING SPACES R-1, R-2, R-3, R-4, M-1, M-2, M-3, O-1, C-1, C-2, I-1, AND I-2.
(a) Off-street Parking Requirement. To reduce traffic congestion and hazards along roadways and to provide orderly and accessible parking throughout the city, off-street parking shall be required in all zoning districts. The exception is C-3 Downtown Commercial District. The spaces required in the parking tables do not guarantee the quantity needed per use; only minimums are expressed.
(c) Multiple Zoning District Developments. In situations where a development has multiple zoning districts, such as the Planned Residential District or the Planned Mixed Use Development District, the total required spaces should be determined by adding up the spaces required for individual use for each classification.
(d) Designation of Parking. Businesses that keep automobiles or other motor vehicles in stock on the subject property shall clearly differentiate between parking areas for such stock and parking for employees and customers. This can be accomplished through the use of either clearly posted signage or differentiation in parking lot striping. Areas for customer and employee parking shall not be used for the storage of automobiles or other motor vehicles for sale.
(Ord. 2023-115. Passed 12-19-23.)
1161.11.5.1 PARKING STANDARDS FOR THE C-3 DOWNTOWN COMMERCIAL DISTRICT.
(a) Screening. Parking lots with frontage on Main Street or Main Cross Street are required to have a five foot (5’) wide buffer that includes a low-profile masonry wall or wall/fence combination. Surface parking lots with frontage on streets other than Main Street or Main Cross Street must include a landscape buffer. See Section 1161.06.4 Landscaping for C-3.
(b) Access. Parking lots with frontage on Main Street are required to have ingress/egress onto secondary streets or alleyways. Curb cuts onto Main Street are discouraged.
(Ord. 2023-115. Passed 12-19-23.)
1161.11.6 GENERAL PARKING REQUIREMENTS TABLE.
Zoning District |
Minimum Requirement |
SINGLE FAMILY DISTRICTS - R-1, R-2, R-3 |
2 SPACES PER UNIT |
MULTI-FAMILY DISTRICTS - R-4, M-1, M-2 |
2 SPACES PER UNIT |
O-1 INSTITUTIONS AND OFFICES DISTRICT |
1 SPACE PER 300 SQ. FT. |
C-1 LOCAL COMMERCIAL |
1 SPACE PER 325 SQ. FT. |
C-2 GENERAL COMMERCIAL |
1 SPACE PER 375 SQ. FT. |
C-3 DOWNTOWN COMMERCIAL |
NO REQUIREMENT |
I-1, I-2 INDUSTRIAL DISTRICTS |
1.1 SPACES PER EMPLOYEE ON LARGEST SHIFT |
(Ord. 2023-115. Passed 12-19-23.)
1161.11.7 PARKING REQUIREMENTS PER SPECIFIC USE.
RESIDENTIAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/ NOTES |
amenity area | 1 space per employee on the largest shift | 1 space per 300 sq. ft. of enclosed space; 1 space per 75 sq. ft. of water surface of competition pools; 1 space per 250 sq. ft. of water surface for non-competition pools. |
assisted living facility | 1 space per employee on the largest shift | 1 space per 3 rooms |
assisted living home | 1 space per employee on the largest shift | 1 space per 3 rooms |
RESIDENTIAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/ NOTES |
bed and breakfast facility | as per single-family standard | 1 space per rented room |
child care institution/orphanage | 1 space per employee on the largest shift | 1 visitor space per 15 children |
transitional housing facility | as per single-family standard | 1 space per 4 persons living in facility |
group home | 1 space per employee on the largest shift. | 1 space per 6 persons living in facility |
manufactured home park | 2 spaces per unit | 1 visitor space per 2 units |
nursing and convalescent home | 1 space per employee on the largest shift | 1 space per 3 occupancy rooms |
recreational facility | 1 space per employee on the largest shift | 1 space per 300 sq. ft. of enclosed space; 1 space per 75 sq. ft. of water surface of competition pools; 1 space per 250 sq. ft. of water surface for non-competition pools. |
retirement community | 1 space per employee on the largest shift | 1 space per non-assisted live-in room; 1 space per 3 assisted live-in rooms and/or nursing home rooms; and 1 visitor space per 8 rooms |
RECREATIONAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
skate park | 1 space per 1000 sq. ft. of skating surface | |
skating rink | 1.5 spaces per 1000 sq. ft. GFA | |
sports fields | 20 spaces per field or court | |
swimming pool, public | 1 space per 200 sq. ft. of pool surface | |
nature center | 1 space per 350 square feet | |
nature preserve | 1 space per mile of trail or 1 space per 3 acres | |
park, active | 1 space per acre; 10 spaces per sport court or field; and 1 space per 200 sq. ft. of water surface of pools | |
park, passive | 1 space per 1 acre of land | |
RECREATIONAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
hotel/motel | 1.1 spaces for each room plus 1 per employee at the peak shift | 15 spaces for the first 1,000 square feet plus 1 per 100 square feet over 1,000 square feet of area used for a restaurant, bar, nightclub or reception or banquet hall area |
recreation center, public | 1 space per 1,000 gross sq. ft. 1 space per 3,000 gross sq. ft. | For first 50,000 sq. ft. For area over 50,000 sq. ft. |
UTILITIES & SERVICES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
community facility, wireless | 1 space per tower | |
water treatment plant | 1 space per employee on the largest shift | 2 spaces |
above-ground utility facility | 1 space per facility | |
airport, municipal | - | 1 space per 2 emplaining passengers |
bus station | - | 8 spaces per bus bay |
water treatment plant | 1 space per employee on the | 2 spaces |
above-ground utility facility | 1 space per facility | |
airport, municipal | - | 1 space per 2 emplaining passengers |
bus station | - | 8 spaces per bus bay |
INSTITUTIONAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
school (P-12) | 1 space per teacher, staff, Zoning Administrator | 3 spaces per elementary or junior high classroom; 1 space per 10 high school student enrollment capacity; and 1 space per 4 seats in the largest assembly space in the school (based on occupancy capacity) |
school, trade or business | 1 space per teacher, staff | 1 space per 3 students |
school, university or college | - | 1 space per 3 students |
INSTITUTIONAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
community center | - | 1 space per 3 persons |
crematory | 1 space per employee on the largest shift | 5 visitor spaces |
drug or alcohol rehabilitation clinic | 1 space per employee on the largest shift | 2 spaces per 3 client capacity |
electrical generation plant | 1 space per employee on the largest shift | 2 spaces |
facility for developmentally disabled | 1 space per employee on the largest shift | 1 space per 3 client capacity |
facility for mentally ill | 1 space per employee on the largest shift | 1 space per 3 client capacity |
government office | - | 1 space per 500 gross sq. ft. or 1 per 2 seats in the largest assembly space capacity, whichever results in the largest number |
heliport, municipal | - | 1 space per 2 emplaining passengers |
hospital | - | 2 spaces per 1 bed |
jail | 1 space per employee on the largest shift | 1 visitor space per 8 cells |
juvenile detention facility | 1 space per employee on the largest shift | 1 visitor space per 8 cells |
library | - | 1 space per 3 persons |
light rail station | - | 1.5 spaces per capacity of largest train |
museum | - | 1 space per 2.5 persons |
place of worship | - | 3 spaces per 7 seats |
police, fire or rescue station | 1 space per employee | - |
post office | 1 space per employee on the largest shift | 1 space per 150 sq. ft. accessible to the public |
prison (minimum security) | 1 space per employee on the largest shift | 1 visitor space per 15 cells |
INSTITUTIONAL USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
prison (maximum security) | 1 space per employee on the largest shift | 1 visitor space per 15 cells |
recycling collection point | 1 space per employee on the largest shift | 1 space per collection bin |
recycling sorting/distribution | 1 space per employee on the largest shift | - |
OTHER USES | PARKING REQUIREMENT | OTHER REQUIREMENTS/NOTES |
sexually oriented business, entertainment | 1 space per 300 sq. ft. | 1 space per booth |
(Ord. 2023-115. Passed 12-19-23.)
1161.12 SIGN STANDARDS.
1161.12.1 PURPOSE.
The purpose of this chapter is to encourage the effective use of signs as a means of communication in the City; to maintain the City’s aesthetic environment by ensuring compatibility of signs with the area surrounding them; to encourage the use of signs appropriate to residential and commercial activities; to ensure the safety of vehicular and pedestrian traffic; and to encourage economic development within the City.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.2 EXEMPT SIGNAGE.
The following types of signs are exempted from the permit requirements of this chapter; however, they are still subject to the General Requirements set forth in Section 1161.12.4 unless otherwise provided.
(a) Public Signs. Signs of a noncommercial nature and in the public interest, erected by or on the order of an official of the city, county or state acting in the performance of his duty, such as safety signs, danger signs, trespassing signs, traffic signs, and memorial plaques.
(b) Residential Nameplate. A nameplate or wall sign which shall not exceed two square feet (2 sq. ft.) on any dwelling.
(c) Wall Signs – O-1, C-1, C-2, I-1, I-2, I-3.
(d) Sandwich Boards.
(1) Permitted zoning districts. C-1, C-2, C-3, O-1
(2) Sandwich boards can be eight square feet (8 sq. ft.) maximum
(3) Sandwich boards and “A” frames must be located within fifteen feet (15’) of the primary building entranceway.
(4) All sandwich boards and “A” frames must be removed at the end of the business day.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.3 PROHIBITED SIGNS.
(a) General. All signs are prohibited unless they are expressly permitted.
(b) Rights-of Way and Utilities. Unless with Council approval, no sign shall be placed within the public right-of-way of any public street. Within the C-3 District, temporary signs are permitted in the right of way. Permanent signs within the C-3 District must be approved by City Council.
(c) Obstruction of Structural Openings. No sign shall obstruct any window, door, fire escape, stairway, or any opening intended to provide air, egress or ingress for any building or structure.
(d) Digital signage except those permitted under Electronic Message Boards and Billboards. (Ord. 2023-115. Passed 12-19-23.)
1161.12.4 GENERAL REQUIREMENTS AND RESTRICTIONS: ALL ZONING DISTRICTS.
COMPLIANCE WITH CODE REGULATIONS
(a) All signs shall comply with the general rules, regulations, and requirements governing their placement, type, number, and size as outlined and contained in the provisions of this chapter.
(1) Obstruction of traffic signs; misleading or confusing signs. No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No rotating beam, beacon or flashing illumination resembling any emergency lights shall be used in connection with any sign display, nor shall any sign make use of the words “Stop,” “Look,” “Danger” or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic. No sign shall emit any form of sound or sounds.
(2) Obstruction of visibility. No sign or sign structure shall be located or constructed within ten feet (10’) of any street right-of-way unless provided for otherwise in another Chapter of this Ordinance. No sign shall be located or constructed in such a manner as to materially impede the view of any street or highway intersection, or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad crossing. No sign shall be designed and placed so as to confuse traffic information for pedestrians or drivers of motor vehicles. The determination of the reasonableness of the location of a sign or sign structure taking into account the above shall be made by the Zoning Administrator whose decision shall be subject to appeal as provided herein to the Board of Zoning Appeals. See also Section 1163.11 Corner Vision Clearance Standards.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.5 ILLUMINATED SIGNS.
(a) Shielding. The light from an illuminated sign shall be so shaded, shielded or directed that the light intensity or brightness will not be reasonably objectionable as determined by the Zoning Administrator considering those affected nearby.
(b) Exposure. No exposed bulbs or fluorescent tubes, with the exception of neon lighting, shall be used on the exterior surface of any sign so as to directly expose the face of the bulb, light or tube to any public street or adjacent property.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.6 PERMITS, APPLICATIONS AND FEES.
(a) Permit Required.
(1) All Sign Work. No sign shall be erected, altered or relocated without a permit issued by the Zoning Administrator except as otherwise provided herein.
(2) Breach of Permit. When a sign permit has been issued, it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of said permit without prior approval of the Zoning Administrator.
(b) Permit Applications. To obtain a permit for the purpose of erecting, constructing, altering or relocating a sign under the provisions of this chapter, an application shall be submitted to the Zoning Administrator which shall set forth in writing a complete description of the proposed sign including:
(1) General Information. The name and address of the contractor or person responsible for the placement of the sign.
(2) Site Plan. Two (2) detailed site plan drawings indicating the placement, location, landscaping, and address of the sign.
(3) Elevation. Two (2) scaled elevation drawings indicating the size of the sign and sign structure.
(4) Signature. Signature of the owner/tenant/sign company securing permit attesting to awareness and intent to comply with permit specifications.
(5) Permit Duration. Sign permit shall become null and void if the sign for which the permit was issued has not been completed and erected within a period of one (1) year after the date of issuance of the permit.
(c) Fees. Fees for sign permits shall be fixed by ordinance by the City Council and amended from time to time as necessary.
(d) Exceptions. The following operations shall not be considered as creating a sign, and, therefore, shall not require a sign permit:
(1) Replacing copy. The changing of the advertising copy or message on approved billboards, sandwich boards, theater marquees and similar approved signs which are specifically designed for the use of replaceable copy.
(2) Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a change is made to the supporting structure, cabinet, frame, or footing.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.7 SIGN STANDARDS; A-1, R-1, R-2, R-3, R-4, M-1, M-2 RESIDENTIAL DISTRICTS.
No signs are permitted other than those specified as being exempt in Section 1161.12.2 or as temporary in Section 1161.12.14 or as permanent as provided herein. Any non-residential use, as listed below, permitted in their residential districts shall be permitted one (1) sign not to exceed fifty square feet (50 sq. ft.) in area with a maximum height of six feet (6’) and a setback of ten feet (10’) from all property lines. Exempt and temporary signage may not exceed fifty square feet (50 sq. ft.) in area per sign face and may have a maximum of two (2) sign faces.
(a) Schools (Public & Private).
(b) Places of Worship.
(c) Museums.
(d) Community Centers.
(e) Apartment Complexes.
(f) Government.
(g) Emergency Services.
(h) Funeral Homes.
(i) Park and Recreational Areas.
(j) Golf Courses.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.8 LOW PROFILE SIGNS: O-1, C-1, C-2, C-3, I-1, I-2, I-3 AND PO DISTRICTS.
(a) Quantity. One (1) low-profile sign with two (2) sign faces is permitted for business identification purposes for each site not to exceed two hundred square feet (200 sq. ft.) in area. Sites with less than five hundred feet (500’) of frontage and two (2) or more frontages on public or private through streets may be permitted one (1) additional low-profile sign not exceeding thirty-two square feet (32 sq. ft.). Sites with more than five hundred feet (500’) of frontage on the same public or private through street may have two (2) low-profile signs on one (1) frontage not exceeding thirty-two square feet (32 sq. ft.) each, provided that there is two hundred fifty feet (250’) of separation between signs. In no instance shall any one (1) site contain more than three (3) low-profile signs.
(1) Outlots are limited to one (1) low profile sign.
(2) The PO District shall be limited to one (1) low-profile sign not exceeding one hundred square feet (100 sq. ft.) in area.
(b) Dimensions. A low-profile sign shall not exceed the following dimensions unless otherwise noted:
(1) Height. The maximum height shall be eight feet (8’) including the sign’s base. The height shall be measured from the highest point of the closest roadway.
(2) Sign area. One-half square foot (1/2 sq. ft.) per lineal foot of frontage, not exceed two hundred square feet (200 sq. ft.).
(c) Location.
(1) Rights-of-Way. Signs shall be located not closer than ten feet (10’) from the street right-of-way and all property lines.
(d) Corner Vision Clearance. Permanent commercial and industrial low-profile signs shall not be placed so as to interfere with the corner vision clearance. (See Corner Vision Clearance Standards, Section 1163.11.)
(e) Landscaping.
(1) Footprint. A landscaping area shall be provided around the low-profile sign equal to the square footage of one (1) sign face.
(2) Type. The landscaping shall be at least fifty percent (50%) evergreen.
(3) Plans. Landscaping plans shall be included with the permit application.
(f) Directional.
(1) Private Traffic Directional. Signs directing traffic movement onto a property zoned M-1, M-2, C-1, C-2, C-3, O-I, I-1, I-2 or within a premise shall not exceed four square feet (4 sq. ft.) in area for each sign, with a maximum height of three feet (3’). Illumination of these signs shall be permitted in accordance with the provisions contained herein. Such signs placed within ten feet (10’) of any rights-of-way shall be limited to two square feet (2 sq. ft.) and a maximum height of two feet (2’).
(2) Industrial Directional. Signs directing traffic movement onto and within Industrial Zoning districts may measure five feet (5’) in height, fifteen square feet (15 sq. ft.) in area, and at least twenty-five feet (25’) off the right-of-way.
(3) Institutional Directional/Way Finding. Signs setting forth the name or any simple announcement/information for any medical facility, nursing home, financial institution, or public or private educational or religious institutions located entirely within the premises of that institution, up to an area of twenty-four square feet (24 sq. ft.) and not illuminated. If ground mounted, the top shall be no more than six feet (6’) above ground level and no closer than ten feet (10’) to any right-of-way.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.9 SIGNS IN DOWNTOWN DISTRICT (C-3).
The downtown is of unique character apart from the rest of the City. The buildings are taller and closer to each other; building fronts are typically on the front lot line, with business doors opening into the right of way; vehicular traffic volumes are higher than in other areas of the City, and drivers of all ability and ages are offered parking that is parallel between a curb line and moving traffic; and the numerous signalized intersections, parking options, pedestrians, and businesses create significantly more vehicular obstacles and turning movements per lineal foot than anywhere else in the community. As such, the placement of signage to support a thriving downtown is just as important to the community’s safety as it is to identify business locations. Downtown poses inherent constraints on signage design. The signs are: closer to the street; offer shorter viewing distance/duration; more difficult to notice due to the proximity to the street and short building width, and the traffic speed relative to the more minimal street frontages mean that business owners will seek more unique signage than the typical pylon/box or monument style. The signage cannot impede the flow of pedestrian traffic, nor can it be placed at the curb line and impede driver visibility and maneuverability. Therefore, the following types of signage are permitted in C-3 Downtown Business District.
(a) Wall Signs.
Wall Width (in feet) | Maximum Sign Area (square feet) |
Under 15 | 25 |
15-19 | 30 |
20-24 | 35 |
25-29 | 35 |
30-34 | 35 |
35-39 | 40 |
40-44 | 40 |
45-49 | 40 |
50-54 | 50 |
55-59 | 50 |
60-64 | 60 |
65-69 | 60 |
70 and over | 70 + 5 for each additional ten feet of frontage of fraction thereof |
(b) Projecting Signs.
(1) Six feet (6’) from curb face from the leading edge of the sign.
(2) Ten-foot (10’) clearance shall be provided between the baseline of any sign and the sidewalk. No sign shall flash or blink. External illumination is preferred.
(c) Low Profile.
(1) When buildings are set back on a lot in the downtown, a ground sign may be appropriate (although not preferred) when all of the following conditions are met:
A. Other alternative types of signs do not provide adequate identification.
B. Scale and location of ground sign complements buildings in adjacent properties.
C. Integration into site landscaping so as not to create a site or visual obstruction.
(d) Sandwich Board Signs. The following rules and regulations pertain to sandwich boards and “A” Frames:
(1) Size. The maximum allowable size of the sandwich board sign is eight square feet. (8 sq ft.).
(2) Location. It may not impede in the required four-foot (4’) pathway between the curb and the Allowable Business Area, if such exists. It is preferred that the sandwich board either be placed in line with the permanent street furniture (benches, light poles, trash receptacles) or adjacent to the business entryway.
(3) Duration. Sandwich board signs must be taken inside at the close of business.
(4) Number. One sandwich board is allowed per store front.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.11 INTERSTATE HIGH-RISE SIGNS (C-1, C-2, I-1, I-2).
One Interstate High-Rise Sign is permitted per site. The sign must be within one thousand five hundred feet (1,500’) of Interstate 75 (I-75) rights-of-way. Interstate High Rise Signs are limited to ninety-foot (90’) height and setbacks that measure at least one-half (1/2) the height of the sign. The sign shall not exceed 300’ three hundred square feet (300 sq. ft.) in area and not have more than four (4) additional panels not exceeding seventy-five square feet (75 sq. ft.) each. To advertise additional tenants within the center, see Section 1161.12.12 for Electronic Message Center requirements pertaining to Interstate High-Rise Signs.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.12 ELECTRONIC MESSAGE BOARD C-1, C-2, I-1, I-2, I-3, UOD.
The following requirements shall prevail over Electronic Message Centers, as defined:
(a) Shall only be placed on conforming ground signs, or on Interstate High-Rise Signs, where permitted and as defined.
(b) Shall not be permitted on any wall or fence.
(c) Interstate High Rise Signs are permitted to have an electronic message board.
(d) Electronic Message Boards shall be at least three hundred feet (300’) from any residential district.
(e) Electronic Message Boards shall only be permitted in the C1, C2, UOD, I-1, I-2, and I-3 Districts and shall not be permitted in any other zoning district, or overlay district.
(f) Electronic Message Boards shall not exceed twenty-five percent (25%) of the total approved constructed sign area.
(g) Electronic message boards shall remain constant for a period of not less than eight (8) seconds per message.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.13 ROOF SIGNS - C-1, C-2, I-1, I-2.
For the purposes of this Ordinance, roof signs shall be considered as attached signs when
determining the allowable square foot area and total square foot area of all permitted signs.
(a) Height. Roof signs cannot exceed the maximum building height allowable per district.
(b) Erection. Requirements for erection of a roof sign are as follows:
(1) No roof sign greater than twenty square feet (20 sq. ft.) shall be placed within five feet (5’) of the roof edge; however, if the sign is less than twenty square feet (20 sq. ft.), it shall not be erected with the face thereof nearer than one foot (1’) to the outside wall toward which the sign faces.
(2) Roof signs can be maximum of 100 one hundred square feet (100 sq. ft.) in size. (Ord. 2023-115. Passed 12-19-23.)
1161.12.14 SUBDIVISION ENTRYWAY SIGNAGE.
Entrances to residential, commercial or industrial subdivisions may be identified by monument signage. Such signage shall not encroach into the requirements per Section 1163.11. The sign area shall not exceed seventy square feet (70 sq. ft.) in sign area. Signage shall be allowed on both sides of the major entry ways into the subdivision, each being no larger than seventy square feet (70 sq. ft.) in sign area.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.15 TEMPORARY SIGNS - NO PERMIT REQUIRED; ALL ZONING DISTRICTS.
Unless otherwise specified in this Ordinance, temporary signs identified herein shall be permitted anywhere within the City and are not required to have a permit. Temporary signs for commercial uses and in commercial zoning districts shall not be permitted within ten feet (10’) of any street right-of-way. No temporary sign shall be placed so as to interfere with the corner vision clearance and must be placed on private property. All signs are subject to two (2) conditions set forth in subsection (a) below.
(a) Conditions for Temporary Signs Not Requiring Sign Permits.
(1) Corner Clearance. Temporary signs shall not be placed so as to interfere with the corner vision clearance and may not be located within center medians.
(2) Private Property. Signs shall not be displayed in rights of ways, on utility poles, bridges, or other publicly owned and maintained land unless approved by City Council or otherwise provided.
(b) Construction Signs. One (1) construction sign shall be permitted which may include the future tenant, architect, engineer, contractor, lending institution and other individuals or firms involved with the construction of a specific building or project. Sign must be on the active construction site. The following guidelines shall apply:
(1) Permitted Zoning Districts. Construction signs are permitted in all districts.
(2) Maximum Size. Maximum size of sixty-four square feet (64 sq. ft.) per sign face.
(3) Maximum Height. Not to exceed ten feet (10’) in height from grade.
(4) Location.
A. Setback. The minimum setback shall be no less than five feet (5’) from the property line.
B. On-premise. Construction signs shall be located on the site of the construction activity which it identifies.
(5) Removal. Construction signs shall be promptly removed within ten (10) days of the conclusion of the construction activity.
(c) Yard Sale Signs.
(1) Quantity. One (1) yard or garage sale sign will be permitted for each property having a garage sale.
(2) Size. Signs shall not exceed eight square feet (8 sq. ft.) in size.
(3) Location.
A. Prohibited.
i. Signs shall not be displayed in rights of way, on utility poles, or other publicly owned and maintained land.
ii. Private property of others.
iii. Signs shall be on-premise unless owners of other private parcels agree to sign placement on their property.
Example: corner lot owners
(4) Duration. Signs must be removed after one (1) week of placement, or immediately after the sale ends, whichever is earlier.
(d) Real Estate Signs in Residential Districts. On-premise real estate signs advertising the sale, rental or lease of property shall be permitted without a sign permit as follows:
(1) Quantity. One (1) sign per street frontage.
(2) Size.
A. Area shall not exceed eight square feet (8 sq. ft.) in size.
B. Height shall not exceed four feet (4’) in height.
(3) Location. Real estate signs shall only be located on the property which is to be sold, leased or rented.
(4) Duration. Signs shall be removed within fourteen (14) days after the sale, lease or rental of the property.
(e) Sail Sign Banners and Inflatable Signs. Sail sign banners and inflatable signs are permitted subject to the following:
(1) Permitted Zoning Districts.
A. M-2 Multi-Family Residential.
B. O-1 Offices & Institutions.
C. C-1 Local Commercial.
D. C-2 General Commercial.
E. I-1 Light Industrial.
F. I-2 General Industrial.
(2) Location.
A. Setback. The minimum setback shall be no less than five feet (5’) from the property line.
B. On-premise. Shall be located on the site where the activity or items for purchase are located.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.16 TEMPORARY SIGNS - PERMIT REQUIRED.
The following temporary signs may be permitted within the City and are required to have a permit.
(a) Temporary Subdivision Signs. Temporary subdivision signs are allowed by permit after a subdivision has received preliminary plat approval from the Planning Commission. The signs may only be used for subdivision identification and marketing purposes.
(1) Quantity. Subdivisions with more than one (1) entrance from a public street may erect one (1) temporary subdivision sign at each major entrance thereto.
(2) Size.
A. Height. The maximum height of a temporary subdivision sign shall be ten feet (10’).
B. Area. The maximum size of a temporary subdivision sign shall be sixty-four square feet (64 sq. ft.).
(3) Duration. Permits are valid for two (2) years. Extensions may be granted at one-year (1) intervals.
(b) Portable Signs. Portable signs with message boards advertising special products or prizes or otherwise promoting business, industry or individuals are not permitted, except as follows:
(1) Must not be closer than fifty feet (50') to any rights of way or within ten feet (10') of building if existing encroachment.
(2) Must be within ten feet (10') of the primary building for which the advertisement is associated.
(3) Must have only a fixed message.
(c) Banners.
(1) May be displayed for a period of not more than thirty (30) days.
(2) No more than three (3) permits shall be issued for any one (1) parcel in a calendar year.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.17 OFF PREMISE SIGNS - PERMIT REQUIRED.
This section identifies two (2) types of Off Premise Signs. Static signs, typically papered with a single image and rented over a period of time, shall be referred to as ‘Billboards.’ The other type is referred to as Digital Boards, which are Light Emitting Diodes able to display multiple images. Both types are freestanding non-accessory signs offered as advertisements rather than used for site identification. In no instance shall an Off Premise Sign be permitted for use as any other type of sign, including on-premise identification. Off-premise signs are permitted in the following districts: C-1 Local Business District; C-2 General Business District; I-1 Light Industrial District, and; I-2 General Industrial District.
(a) Non-Digital Billboards.
(1) Maximum Size and Faces. Shall not exceed three hundred square feet (300 sq. ft.) per sign face nor contain more than four (4) sign faces on any single structure.
(2) Setbacks.
A. Front Yard – Twenty-five feet (25’)
B. Side Yard – Ten feet (10’)
C. Rear Yard – Thirty feet (30’)
(3) Required Distance between Billboard Signs. Off premise signs shall be spaced no closer than two thousand, five hundred feet (2500’) apart on either side of a street right of way for static, non-digital, and digital billboards.
(4) Distance from Residential Districts. Off-premise signs shall not be placed within three hundred feet (300’) of a residential zoning district; provided, however, that distance may be reduced to one hundred twenty-five feet (125’) for off-premise signs that are non-illuminated and do not exceed thirty feet (30’) in height.
(5) Thoroughfare Exemption. The distance from residential district standard shall not apply to a residential district on the opposite site of a major thoroughfare.
(6) Maximum Height. The maximum height shall be forty feet (40’).
(7) Maintenance. Off-premise signs must be maintained properly.
(8) Conversion to Digital Billboard.
A. If converting one (1) non-digital billboard into one digital billboard, the distance between that billboard and another digital billboard must be two thousand, five hundred feet (2500’) on the same side of the roadway and two thousand five hundred feet (2500’) from another non-digital billboard on the same side of the roadway.
(b) Digital Billboards.
(1) Animation. May not display images that include animated, flashing, scrolling, intermittent or full-motion video elements.
(2) Fixed Message. Each message or copy shall remain fixed for at least eight (8) seconds and the transition between images must be accomplished in no more than two (2) seconds.
(3) Maximum Height. The maximum height shall be forty feet (40’) subject to the following exception in Section 1161.12.18(b)(5) Proximity to Residential Areas.
(4) Setbacks.
A. Front Yard – Twenty-five feet (25’).
B. Side Yard – Ten feet (10’).
C. Rear Yard – Thirty feet (30’).
(5) Proximity to Residential Districts and Uses. Digital Billboards shall not be placed within three hundred feet (300’) of a residential zoning district with the following exception; Digital Billboards may be as close as one hundred twenty-five feet (125’) so long as the direction angle for a Digital Billboard sign face must be three hundred feet (300’) from a residential district. Digital Billboards may be illuminated to a maximum level of 0.3 foot-candles as measured at vertical distance of two hundred fifty feet (250’) or to the Residential District or use during nighttime hours, or 0.24-foot candles as measured at a vertical distance of two hundred fifty feet (250’) or to the Residential district or use during day time hours. Dual Digital Billboards may exist where they share the same structure and are placed back-to-back or at an angle that is away from residential districts. In no instance shall a dual Digital Billboard be designed with a back-to-back placement that measures greater than ninety (90) degrees from the back and facing a roadway.
(6) Size. Digital Billboards shall be no larger than one (1) three hundred square foot (300 sq. ft.) single faced panel. A single Billboard can be affixed to the back side of a Digital Billboard provided it does not exceed the dimensions of the Digital Billboard, Dual Digital Billboard.
(7) Distance between Digital Billboards.
A. Digital Billboard shall not be placed within two thousand five hundred feet (2500’) of another Digital Billboard or non-digital billboard on either side of a roadway.
B. Digital billboards shall not be placed within two thousand five hundred feet (2500’) of another non-digital billboard on either side of a roadway.
(8) Sign Default Message. Such advertising devices shall contain a default design that will freeze the device in one (1) position if a malfunction occurs.
(9) Conforming Signs. Digital Billboards may only be utilized on new signs or existing signs that are able to conform to the requirements as set forth in this Chapter for off-premise signs.
(10) Interference with Public Safety. Digital Billboards giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial Digital Billboards which function in the same manner as multiple message signs are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs.
(11) Public Safety. No off-premise sign shall be located within forty feet (40') of a traffic signal so that when illuminated it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(12) Maintenance. Digital Billboards must be maintained properly.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.18 AWNINGS AND BANNERS.
(a) Awnings.
(1) Height of Awnings. No person shall suspend or maintain over any public street, alley, sidewalk or public way within the corporate limits of the City any awning or any attachments or appendages at a height of less than six feet eight inches (6’8”) above the sidewalk or ground level, except that any rigid, permanently attached awning shall not be suspended or maintained less than seven feet six inches (7’6”) above the sidewalk or ground level. No awning projecting from a building or structure shall project beyond a point within three feet (3’) of a line drawn perpendicularly upward from the curb line.
(2) Maintenance of Canopies, Marquees, and Awnings. Canopies, marquees and awnings shall be maintained and kept in good order.
(b) Temporary Banners over Public Right-of-Way. The Service-Safety Director is authorized to grant permission to religious, charitable and nonprofit organizations to hang banners across Main Street within the City subject to the following terms, conditions and requirements (see 909.03 City General Offenses Code):
(1) Location. Banners must be placed beyond ten feet (10’) of the setback. The placement of banners shall be at a location approved by the Department of Engineering.
(2) Duration. Banners may be hung for a duration of a thirty (30) day limit. Prior permission shall be secured from the public utility owning the poles to which the banner is to be attached. Banners that need to hang for greater than thirty (30) days must seek re-approval.
(3) Examples. The following are all examples of banners:
A. Stick signs.
B. Signs on private light poles and posts.
C. Signs on fences.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.19 OTHER SIGNS
(a) Non-Conforming Signs. Any sign lawfully existing on the effective date of this Chapter which does not conform to all the standards and regulations of the current Ordinance shall be deemed to be nonconforming. It is the intent of this Ordinance to amortize nonconforming signs as they are replaced for any reason. Only the replacement of sign face panels shall be permitted. The following rules govern non-conforming signs during the period in which they exist prior to their replacement;
(1) Irreplaceable. A nonconforming sign shall not be replaced by another nonconforming sign for any reason, including but not limited to fire, accidents, or weather-related incidents.
(2) Re-facing Permitted. The substitution or interchanging of faces on nonconforming signs shall be permitted.
(3) Structural Modification Prohibited. No change is permitted in the basic structural supports or members, footing, cabinetry or anchoring of a nonconforming sign.
(4) Loss of Nonconforming Designation. The following shall cause a sign to lose its nonconforming status:
A. After the date of December 31, 2033 any change is made to the sign face, its message, or structure.
B. The sign structure is replaced.
C. The sign is relocated to a position making it less in compliance with the zoning requirements.
D. Billboards are exempt from this section.
E. On the occurrence of any one of (a), (b), or (c) the sign shall be immediately brought into compliance with this Zoning Code with a new permit secured therefore, or the sign shall be removed.
(b) Illegal Signs. Any sign which is contrary to the requirements of this chapter, and which is not a nonconforming sign, shall be deemed to be an illegal sign. Signs which were illegally erected, established, or maintained with respect to applicable requirements of this chapter shall be removed or brought into compliance with these regulations.
(1) Identification. The Zoning Administrator shall determine whether an illegal sign constitutes a public nuisance or not. Those determined to be a public nuisance and/or endanger the public safety, such as a sign which has been abandoned, is illegal, is dangerous, or is materially, electrically, or structurally defective shall be cause for immediate removal without prior notification to the property-owner. For all other illegal signs, see step 2.
(2) Issue Violation. To cause removal of any illegal sign on private property, the Zoning Administrator shall first prepare and serve upon the owner of the sign or property a notice which describes the sign and specifies the violation involved.
(3) Period for Removal. The period for removal of illegal signs shall be determined by the Zoning Administrator, but generally shall be:
A. Temporary signs. One (1) day
B. Permanent signs. Thirty (30) days or less if the situation is deemed warranted by the Zoning Administrator due to the situation or urgency.
(4) Encroachment. Upon finding a sign or any portion thereof in the public right-of-way, the Zoning Administrator shall immediately cause for removal of the sign unless otherwise permitted in this Ordinance.
(5) Fees. City Council may establish a fee to store all seized signage. The sign may be stored for a period of up to two (2) months from the date in which it was confiscated. After a period of two (2) months, the sign will be discarded.
(c) Abandoned Signs and Removal.
(1) Cause for Removal. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises.
(2) Removal Period. Thirty (30) Days - Owners of abandoned signs have thirty (30) days to remove the violation after the Zoning Administrator issues a written citation indicating a sign has been abandoned.
(3) Citation. If the owner or lessee fails to remove the violation, the Zoning Administrator shall give notice to remove it.
(4) Removal at Owner’s Cost. Upon failure to comply with this notice, the Zoning Administrator or his duly authorized representative may remove the sign at the cost of the owner.
(5) Exception. Where a successor to a defunct business agrees to maintain the sign structure as provided in this chapter, this removal requirement shall not apply. (Ord. 2023-115. Passed 12-19-23.)
1161.12.20 INTERPRETATION.
Where there is any ambiguity or dispute concerning the interpretation of this chapter, the decision of the Zoning Administrator shall prevail subject to appeal as provided herein.
(Ord. 2023-115. Passed 12-19-23.)
1161.12.23 RIGHT OF APPEAL.
Any person aggrieved by any decision or order of the Zoning Administrator may appeal to the Board of Zoning Appeals. The Zoning Administrator shall take no further action on the matter pending the Board's decision, except for unsafe signs which present an immediate and serious danger to the public, as provided elsewhere in this chapter.
(Ord. 2023-115. Passed 12-19-23.)
1161.13 COMMUNICATION STRUCTURES.
1161.13.1 COMMUNICATION STRUCTURES - PURPOSE.
The purpose of this Chapter is to provide for sensible and reasonable land use standards to allow for the provision of adequate and reliable public and private communication service; to maximize the use of any communication transmission towers in order to reduce the total number of towers needed to serve the communications needs of the area; and whereas; to minimize the adverse, undesirable visual effects of such communication towers; and to provide for the reasonable location of such towers in the City of Findlay.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.2 COMMUNICATION STRUCTURES - PROHIBITED; R-1, R-2, R-3, R-4, M-1, M-2.
With the exception of HAM radio antenna, television antenna, and satellite dish, all other communication facilities are restricted from residential zoning districts. Television antennas and HAM radio antenna must be in the side and rear yard with a property line setback equal to one half (1/2) the height of the antenna. The maximum height of HAM radio antenna and television antenna is forty feet (40’).
(Ord. 2023-115. Passed 12-19-23.)
1161.13.3 COMMUNICATION STRUCTURES - SETBACKS; O-1, C-1. C-2, C-3, I-1 AND I-2.
(a) Property Lines. All communication structures shall be set back from any property line a distance equal to at least eighty percent (80%) of the height of the tower; and
(b) Residential Structures. A communication tower may not be placed closer than five hundred feet (500’) to any residential structure.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.4 COMMUNICATION STRUCTURES - REQUIRED FRONT YARD PROHIBITION.
Communication structures are generally not permitted in required front yards except where evidence provided by the petitioner demonstrates that placement in a required front yard would provide the best camouflage for the tower.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.5 COMMUNICATION STRUCTURES - MINIMUM NUMBER OF CO-LOCATION SITES.
Minimum number of additional antenna sites to be provided on an eighty-foot (80’) tower is two (2). (Ord. 2023-115. Passed 12-19-23.)
1161.13.6 COMMUNICATION STRUCTURES - DESIGN REQUIREMENT.
All communication towers shall be a monopole design.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.7 COMMUNICATION STRUCTURES - BUFFER REQUIREMENTS.
The location of the tower and equipment buildings shall comply with all local, State and Federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a communication facility:
(a) Fence or Wall. An eight-foot (8’) high wood fence or brick masonry wall shall completely surround the entire communications facility, excluding guy wires.
(b) Evergreen Screen. A live evergreen screen consisting of a hedge, planted five feet (5’) on center maximum, or a row of evergreen trees planted a maximum of ten feet (10’) on center shall be planted outside the fence around the entire communication facility and each of the guy wires and anchors, if used. The height of all plants at the time of planting shall be no less than five feet (5’).
(c) Existing Vegetation. Trees and shrubs shall be preserved to the maximum extent possible on the entire site. Evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.8 COMMUNICATION STRUCTURES - ACCESS TO SITE/STRUCTURE.
Proposed communication towers and antennas shall meet the following access requirements:
(a) Vehicular Access. Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible, and;
(b) Automation. The communication structure shall be fully automated and unattended on a daily basis and may be visited only for periodic maintenance, emergencies, installations or equipment removal.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.9 COMMUNICATION STRUCTURES - DESIGN REQUIREMENTS.
Proposed communication structures, towers, and antennas shall meet the following design requirements:
(a) Obscurity. Communication towers and antennas shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA).
(b) Compatibility. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures which shall be designed to match the architectural exterior of residential or commercial structures within the neighborhood or area. Only if the facility will be one hundred percent (100%) screened during all seasons with an eight-foot (8’) tall wood privacy fence and evergreen screen will other materials be approved.
(c) Lighting. Only lighting that is for safety or security reasons, or required by the FAA or other federal or state authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.10 COMMUNICATION STRUCTURES - CO-LOCATION REQUIREMENTS.
It is required that communication towers and their telecommunication companies mutually cooperate with respect to siting communication towers in Findlay. It is not desirable to have more towers than necessary to serve the city’s single market area. Therefore, the following standards are to be agreed upon at the time of permit issuance:
(a) Construction for Multiple Users. Any proposed communication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate the number of additional users as required in this Zoning Ordinance.
(b) Anticipating Future Needs.
(1) Additional Infrastructure. The site of the initial communication tower and communication facility shall be of sufficient area to allow for the location of one (1) additional communication tower and associated communication facility.
(2) Future Rearrangement. Communication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.
(Ord. 2023-115. Passed 12-19-23.)
1161.13.11 COMMUNICATION STRUCTURES - SITING REQUIREMENTS.
A proposal for a new communication tower shall not be approved unless the petitioner submits verification that the communication equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower, building, or other structure due to two (2) or more of the following reasons:
(a) Structural Capacity. The planned communication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer; and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned communication equipment at a reasonable cost.
(b) Communication Interference. The planned communication equipment would cause interference impacting the usability of other existing communication equipment at the site if placed on existing structures. Supporting documentation, prepared by a qualified and licensed professional engineer, must be provided that indicates that the interference cannot be prevented at a reasonable cost.
(c) Design Requirements. The existing or approved towers, buildings, or structures within the search radius cannot accommodate the planned communication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
(d) Reason(s) Unforeseen In This Ordinance. Other unforeseen reasons that make it unfeasible or impossible to locate the planned communication equipment upon an existing or approved tower, building, or structure.
(e) Impasse. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings, or structures. Evidence of such must be presented to the Zoning Administrator.
(f) No Accommodation. Additional land area is not available at the base of existing towers, buildings, or structures to accommodate the proposed communication facility. (Ord. 2023-115. Passed 12-19-23.)
1161.13.12 COMMUNICATION STRUCTURES - CONSTRUCTION REQUIREMENTS.
All antennas, communication towers, accessory structures and any other wiring constructed within the City of Findlay’s jurisdiction shall comply with the following requirements and all applicable provisions of this Zoning Ordinance and the Building Code of the State of Ohio, Federal Communications Commission (FCC) and the Federal Aviation Administration when applicable. (Ord. 2023-115. Passed 12-19-23.)
1161.13.13 COMMUNICATION STRUCTURES - EXISTING STRUCTURES.
Existing antennas, communication towers and communication equipment may continue in use for the purpose now used and as now existing, but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this Zoning Ordinance. (Ord. 2023-115. Passed 12-19-23.)
1161.13.14 COMMUNICATION STRUCTURES - REMOVAL OF ABANDONED TOWERS.
(a) Cause for Removal. A tower shall be removed by the owner(s) of the tower and/or land, their lessee’s and/or assigns of the land upon which the tower is located when unused or left abandoned for six (6) months.
(b) Removal Period - 30 Days. Owners of abandoned towers and/or owners of the land upon which the towers are placed shall have thirty days for removal after the Zoning Administrator has cited in writing determining a sign has been abandoned.
(c) Citation. If the land owner and/or tower owner fails to remove it, the Zoning Administrator shall give notice to remove it.
(d) Removal at Owner’s Cost. Any communication tower shall be removed by the owner at his/her expense. Should the owner fail to remove the communication tower after thirty (30) days from the date a Notice of Violation is issued, the City may remove the communication tower and bill the land owner and/or tower owner for the costs of removal and cleanup of the site. Upon failure to comply with this notice, the Zoning Administrator or his duly authorized representative may remove the tower at the cost of the land owner.
(Ord. 2023-115. Passed 12-19-23.)
1161.15 CONDITIONAL USE REQUIREMENTS.
The City Planning Commission shall have the duty to hear and decide applications for conditional use permits. The City Planning Commission shall determine that the general standards pertinent to each conditional use identified in the Findlay Zoning Code shall be satisfied by the establishment and operation of the proposed conditional use. The City Planning Commission may also impose such additional conditions and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of the Findlay Zoning Code will be observed, including specified limitations as to future expansion.
The City Planning Commission has no obligation to approve a Conditional Use. This Zoning Code assumes that the uses listed as Conditional Uses are not appropriate unless an applicant proves that the use will not be detrimental to the public health, safety or general welfare of the City or the neighborhood in which it is proposed. Applicants shall prove that potential negative impacts of elements such as location, size and extent of facilities and operations, site design, traffic generation, side access and potential impact upon public facilities will be adequately addressed. (Ord. 2023-115. Passed 12-19-23.)
1161.15.1 GENERAL STANDARDS.
The Planning Commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use of the proposed location:
1. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Findlay Zoning code of current adoption;
2. Will 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 and that such use will not change the essential character of the same area;
3. Will not be hazardous or disturbing to existing or future neighboring uses;
4. Will not be detrimental to property in the immediate vicinity or to the community as a whole;
5. Will be served adequately by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, and school; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(a) Approval, Expiration and Revocation.
(1) An approved conditional use will be for a period of one year provided substantial progress and completion is made, unless an extension has been granted by the Planning Commission. A maximum of two (2), six (6) month extensions are allowed if the scope of the approval has not changed and the proposed use and site plan still satisfy the decision standards. A Conditional Use permit shall be valid and run with the land, provided substantial progress and completion is made, only for the specific use and location approved and in accordance with any conditions approved.
(2) Failure to complete or make substantial progress on the approved use shall result in the expiration of its authorization and require a new application.
(3) Zoning permits shall not be issued unless the plans substantially conform to those approved by the City Planning Commission, including conditions.
(4) A Conditional Use Permit shall automatically expire if the Conditional Use ceases operation for more than one (1) year.
(5) A Conditional Use Permit may be revoked by the City Planning Commission if the existing Conditional Use Permit fails to meet one of the following requirements:
A. The conditions of approval are not met or maintained.
B. The continuance of the conditional use would pose a substantial risk to the public health, safety and welfare. Notification will be provided to all who are entitled to such notice.
(6) Modifications to a Conditional Use.
(7) Modifications shall be classified as a minor or major modification based on the following:
(8) Minor Modification:
A. Does not change the use or density to a more intense use or density than permitted by the approved plan; and
B. Does not change the location or amount of land designated for a specific land use; and
C. Are of a magnitude that will not substantially alter the appearance of the use from off of the site; and
D. Will not substantially or detrimentally affect the provision of public services to the site or general vicinity; and
E. Will not substantially or detrimentally increase potential demand on public or private utilities; and
F. Are not of a scope, scale, or character, that would cause a negative impact on adjoining properties and neighborhood; and
G. Are not contrary to and in no way diminish the intent of the originally approved permit.
(9) Major Modification.
A. An increase in density or intensity; or
B. Changes to the property or project boundaries; or
C. Anything not classified as a minor modification above.
D. A major modification requires an entirely new Conditional Use application (including the fee), according to the provisions of this section.
(10) Review of Modifications. If an applicant proposes to modify an approved Conditional Use, the applicant shall submit the proposed modifications to the Zoning Inspector, supplemented with a written statement describing the modifications. A Minor Modification may be reviewed administratively and approved by both the Zoning Inspector. Administrative approvals shall be clearly documented and made part of the original Conditional Use permit on file and placed on the City Planning Commission’s agenda. Any changes to a Conditional Use that are not approved by the Zoning Inspector or City Planning Commission shall constitute a violation of the City Zoning Code.
(Ord. 2023-115. Passed 12-19-23.)