Fostoria City Zoning Code
TITLE THREE
Zoning Districts and Regulations
1123.01 OFFICIAL ZONING MAP.
The zoning districts established in Section 1123.02 are bounded and defined by the map entitled "Official Zoning District Map" which together with all explanatory matter thereon are hereby adopted as part of this Zoning Code.
(a) The Official Zoning District Map shall be located in the office of the Zoning Inspector, and signed by the Mayor, attested by the Clerk of Council, and bear the seal of the City.
(b) No amendment to this Zoning Code which involves matter portrayed on the Official District Map shall become effective until after the change and entry has been made on the Map.
(c) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Code.
(d) Regardless of the existence of purported copies of the Official District Map which may from time to time be made or published, the Official District Map shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures.
(e) In the event the Official District Map becomes damaged, destroyed, or lost, the City Council may, by resolution, adopt a new Official District Map which shall supersede the prior Official District Map. The new Official District Map may correct drafting or other errors or omissions in the prior Official District Map, but no corrections shall have the effect of amending the original Zoning Code or subsequent amendments thereof.
1123.02 DISTRICTS.
The City of Fostoria is divided into the following zoning districts.
(a) Residential.
(1) R-1: Low Density Residential.
(2) R-2: Medium Density Residential.
(3) R-3: Multiple Residence District.
(4) RHM: Manufactured Home Park District.
(b) Business.
(1) B-1: Neighborhood Business District.
(2) B-2: General Business District.
(3) B-3: Central Business District.
(c) Industrial.
(1) M-1: Restricted Industrial District.
(2) M-2: General Industrial District.
(d) Special.
(1) S-1. Special District.
(2) PUD: Planned Unit Development.
1123.03 PRINCIPALLY PERMITTED AND CONDITIONALLY PERMITTED USES.
(a) A principally permitted use is a use for which the district is reserved. Creation of or transition to such a use in a district for which it is principally permitted requires that a zoning certificate be obtained. Chapter 1127 lists principally permitted uses for each individual district. For information regarding zoning certificates, see Section 1107.02.
(b) A conditionally permitted use is a conforming use within a district, other than a principally permitted use. The Board of Zoning Appeals must determine the compatibility of the proposal with the adjacent uses. The conditionally permitted uses are listed in Chapter 1127. For information regarding conditional use permits, see Section 1109.03.
1123.04 DISTRICT BOUNDARIES.
(a) The district boundary lines on the District Map are intended to follow either center lines of streets or alleys or lot lines. Where the districts designated on the Map or bounded approximately by the street, alley, or lot lines, the street, alley, or lot shall be construed to be the boundary of the district, unless the boundary is otherwise indicated on the Map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions.
(b) Where the boundary of a district follows a railroad line, the boundary shall be deemed to be located midway between the main tracks of the railroad line.
1125.01 BUILDING OR ACCESSORY BUILDING REGULATIONS.
No building shall be erected, converted, enlarged, constructed, or structurally altered to exceed the maximum height; accommodate a prohibited use; house a greater number of families; occupy a greater percentage of lot area; have narrower or smaller front, side or rear yards than are specified herein for the district within which the building is located; or in any other manner contrary to the provisions of this Zoning Code.
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.
(a) Accessory buildings/structures are customarily incidental, accessory and subordinate to, and commonly associated with the primary use and occupant of the same parcel in any residential district.
(b) Owners of multiple, contiguous parcels in a residential district that desire treatment as though they are a single lot must combine the parcels with a new legal description and deed at the 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 an lot under Chapter 1137 Nonconformities.
(b) No principal building shall be erected on a lot, which does not abut on at least one street.
(c) When more than one building, including both main and accessory buildings, are located on one zoning lot, the buildings shall be considered as one building for the purpose of determining front, side and rear yard requirements, except as provided in this Zoning Code.
(d) An accessory building or garage, unless attached to and made structurally a part of the main building, shall not be located closer than five feet from the main building, and shall be located ten feet from any property line adjoining an alley. No accessory building or garage shall be located in any required yard except as provided.
(e) 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.
Example: A detached garage on a street side yard is proposed to be attached to a primary building with a breezeway. The garage is located in the R-2 District and is five (5) feet from the rear property line. In this instance, the conversion would violate the setback required for primary structures and the applicant would not be issued a zoning permit.
(f) An accessory building in R-1, R-2, and R-3 such as a shed or detached garage shall be limited to 576 square feet; except if a lot is at least 9,000 square, a private garage or similar accessory building is limited to 780 square feet and may be located no closer than five feet to any side or rear yard or ten feet from any property line adjoining an alley.
(g) A temporary shed may be placed on an undeveloped lot for the storage of lawn maintenance equipment prior to site development. A temporary shed is limited to 120 square feet.
(h) An accessory building shall not be occupied as a dwelling.
(i) The total of all accessory buildings may not occupy more than 30 percent of the total rear yard. The total coverage of driveways, open air parking, detached garages and carports may not occupy more than 50 percent of the total rear yard.
(Ord. 2016-20. Passed 5-17-16.)
1125.02 HEIGHT REGULATIONS.
(a) The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads smoke stacks, conveyors, and flagpoles, except where the height of these structures will constitute a hazard to the soft landing and take-off of aircraft at an established airport.
(b) Public, semi-public, or public service buildings, hospitals, institutions, or schools, where permitted, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 75 feet, except when the required side and rear yards are increased by one foot for each foot of additional building height above the maximum permitted by this zoning code for the district in which the building is located.
1125.03 EXTENSION AND PROJECTIONS.
(a) Unenclosed and uncovered steps, stoops, terraces, decks, and porches may extend into any minimum front or rear yards not more than five feet. Unenclosed and uncovered steps, stoops, terraces, decks, and porches shall not extend into the minimum side yard more than two feet. Covered or enclosed steps, stoops, terraces, decks, and porches shall meet all yard requirements.
(b) A bay window, bow window, entrance, vestibule or balcony ten feet or less in width may project not more than three feet into any minimum front, side, or rear yard.
(c) Cornices, eaves, and chimneys may project not more than two feet over any required yard.
(d) Ornamental features may project no more than six inches over any required yard.
1125.04 FENCING.
(a) In General. In all districts, fences, walls, and hedges may be constructed in any side, rear, or front yard in accordance with the following regulations. 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.
(1) No fence or wall shall be constructed, altered, or extended without first obtaining a zoning certificate/permit in accordance with this Zoning Code with the following exceptions.
A. A zoning certificate/permit shall not be required if:
1. Only individual piece(s) or an entire panel(s) of fencing need replacement
2. The same style of fence replaces the existing fence on the exact same footprint.
(2) Fences and walls shall present the non-structural face outward, unless the fence design is an alternating individual piece or entire panel style. Here are some examples of acceptable styles:
*Structural side facing inward - *Alternate individual piece *Alternate panel
(3) Fences and walls shall be constructed in accordance with good engineering practice, be structurally sound and shall be maintained in a good and upright condition so as to not create conditions which endanger the health, safety, comfort or safety of the public.
(4) Fences and walls shall contain no advertising.
(5) Fences and walls abutting an alley shall be a minimum of five (5) feet from the property line(s) adjacent to the alley, to prevent vision obstruction.
(6) Fencing Materials.
A. Approved Materials. Fences must be constructed of wood, metal, bricks, masonry, vinyl or other materials designed for permanent outdoor fencing. Wood fences must be constructed of decay resistant wood, such as cedar or redwood.
B. Prohibited Materials. Fences constructed from snow fencing, plywood or materials originally intended for other purposes. These materials may only be used in 'active construction' phases of projects and/or on a temporary basis. They cannot be used as a permanent fixture.
1. Active construction means any building or structure that is not completed and still has a current and valid zoning certificate/permit.
2. Temporary - Within this section this means thirty (30) days from initial placement.
(c) Residential Districts.
(1) Fences, walls, and hedges constructed in residential areas shall be limited in height to six feet in the side and rear yard.
(2) Fences located in the front yard are limited to four (4) feet in height and shall be fifty percent (50%) open provided the fence does not obstruct vision as provided in Section 1125.12.
(3) Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any residential area.
(4) Fences, walls, and hedges must be set back a minimum of six (6) inches (Engineer's survey included) from any property line, unless a written agreement is signed by the neighboring property owner. The agreement (or survey) must be filed with the application for a zoning certificate/permit. If no survey or agreement is included with application, the fence must be five (5) feet from property line.
(5) Fences, walls, and hedges must be set back a minimum of five (5) feet from property line abutting an alley.
(6) Fences, walls, and hedges may not be placed on an empty lot/parcel unless:
A. Empty lot/parcel is directly adjacent and connected to lot/parcel in which owner has an established residence.
B. Empty lot/parcel is being used for gardening purposes. This permission must be approved by the Board of Zoning Appeals prior to a zoning certificate/permit being obtained.
(d) Business Districts.
(1) Fences, walls, and hedges constructed in business areas shall be limited in height to six (6) feet and shall not extend between the building setback line and the street right-of-way line except where contiguous lands are zoned for residential use, in which case the height shall not exceed four (4) feet in the setback area.
(2) Fences shall be constructed of noncombustible materials unless the fence is constructed at a property line adjoining residential districts. Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any business district areas.
(e) Industrial Districts.
(1) Fences, walls, and hedges constructed in industrial areas shall be limited in height to ten (10) feet.
(2) The fences may contain barbed wire, provided that barbs shall be located no less than seven (7) feet above the ground or supporting area and shall not project over adjoining property or right-of-way lines.
(3) All fences shall be constructed of noncombustible materials unless the fence is constructed at a property line adjoining residential districts.
(Ord. 2023-43. Passed 9-5-23.)
1125.05 PRIVATE SWIMMING POOLS/HOT TUBS.
(a) Certificate Required. No private swimming pool or hot tub may be constructed or enlarged without obtaining a zoning certificate in accordance with this Zoning Code. No certificate shall be required for a swimming pool or hot tub with a maximum depth of less than 18 inches.
(b) General Requirements. No private swimming pool or hot tub shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements.
(1) The pool or tub is intended and is to be used solely for enjoyment of the occupants of the principal use of the property on which it is located.
(2) The pool or tub shall be located in the side or rear yard and may not be closer than ten feet to all property lines.
(Ord. 2010-25. Passed 4-20-10.)
(Ord. 2010-25. Passed 4-20-10.)
(3) The swimming pool, hot tub or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition with a self-closing gate and lock. Self-fenced above-ground swimming pools shall not be required to provide a separate fence.
(Ord. 2014-31. Passed 7-15-14.)
(Ord. 2014-31. Passed 7-15-14.)
1125.06 COMMUNITY OR CLUB SWIMMING POOLS.
(a) Certificate Required. No community or club swimming pool may be constructed or enlarged without obtaining a zoning certificate in accordance with this Zoning Code.
(b) General Requirements. Community or club swimming pools where permitted shall comply with the following conditions and requirements.
(1) The pool is intended solely for the enjoyment of members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by bathers, shall not be closer than 25 feet to any side or rear property line.
(3) The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.
1125.07 TEMPORARY BUILDINGS.
The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a temporary Zoning Permit, an application for a Zoning Permit shall be made to the Zoning Inspector at least seven (7) days before the commencement of such use. This application shall contain a graphic description of the property to be used, a description of the property of the proposed use, and a site plan with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use.
(a) The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located.
(1) Real estate sales offices which are not used for dwelling purposes, shall be permitted within any district for any new subdivision for a period of one(1) year, except that two (2), six-(6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the Zoning Permit, whichever occurs first.
(2) Temporary buildings, construction trailers, offices, equipment, and materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that one six-(6) month extension may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the Zoning Permit for the involved construction activity, whichever occurs first.
(3) Temporary sales and services may be permitted within parking areas within any commercial district. A Zoning Permit valid for a period not to exceed seven (7) consecutive days shall only be issued three (3) times within any twelve (12) month period to any individual or organization. The application for the temporary Zoning Permit shall be accompanied by written permission of the property owners and shall be prominently displayed at the site. The Zoning Inspector shall not issue a permit for such temporary use if he or she determines that is encroaches upon more than twenty - five percent (25%) of the required parking area.
(4) Temporary retail sales and services, such as the sales of plants, flowers, arts and crafts, farm produce, or similar items on lots other than parking lots, including any lot on which an existing business is operating or on which a business is vacated, may be permitted for any for-profit individuals or organization in any commercial district. A Zoning Permit valid for a period not to exceed two (2) consecutive days shall only be issued three (3) separate times for any particular lot within any twelve (12) month period, and not more than one permit may be issued at the same time for any lot. The applicant must submit a current vendor's license or transient vendor's license and a written statement from the property owner giving his or her permission for such use. This section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any event, the Zoning Permit shall be prominently displayed at the site.
(b) Written application for a temporary permit shall be made to the Zoning Inspector. The application shall include:
(1) The address of the property and the name, address, and telephone number of the owner and occupant of the property.
(2) A description of the business' temporary use sought to be carried on.
(3) The number and names of persons to be involved in the business.
(4) Any additional information required by the Zoning Inspector to establish the advisability of granting the permit.
1125.08 CONDOMINIUM DEVELOPMENT.
Condominium development, as authorized under Ohio R.C. Chapter 5311, shall be permitted in the R-2, R-3 and PUD Districts and shall be subject to the district regulations within which the property is located. Condominiums shall be subject to the review by the Planning Commission of the site plan, the common areas, the by-laws of the unit owners association, and other information which the Commission finds necessary to judge the appropriateness of the proposed condominium development.
1125.09 YARD REQUIREMENTS.
(a) General. Every building shall have a front, side, and rear yard unless otherwise specifically stated in this Zoning Code. The areas of such yards shall be as specified for the district within which the building is located. No yard or other open space provided for any building for the purpose of complying with the provisions of this Zoning Code shall be considered as a yard or open space for any other building, and no yard or other open space of a building on a zoning lot shall be considered as a yard or open space for a building on any other zoning lot.
(b) Front Yards.
(1) When 50% or more of the frontage on one side of the street between two intersecting streets in a residential area is improved with buildings that have front yards of greater or less depth than the required front yard in the district no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed 50% in excess of the front yard otherwise required in the district in which the lot is located.
(2) Service station pump islands may be located within a required yard, provided they are not less than 15 feet from any street right-of-way line and not less than 25 feet from the boundary of any residential district. Pump island canopies may be located within a required yard provided they are no closer than ten feet to any property line and at least 14 feet in height.
(3) In the B-3 District, canopy structures shall be permitted to overhang the street right-of-way not more than 60% of the distance between the street right-of-way line and the curb line and must have a minimum vertical height of nine feet above sidewalk grade.
1125.10 PARKING AND STORAGE OF CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS.
(a) General: A commercial vehicle, a recreational vehicle, or utility trailer may be parked upon a lot in a residential district only in compliance with the following provisions:
(1) Shall not exceed in forty (40) feet in length.
(2) Shall not be parked or stored on a lot unless a dwelling or building has been constructed on the lot.
(3) Shall at all times be operable and maintained in good repair.
(4) Shall carry a current year's license.
(5) If parked or stored outside of a properly zoned, enclosed building shall be parked behind the front building line of the main structure. This requirement applies on both lot frontages of a corner lot.
(6) Shall be parked or stored on an improved driveway surface (i.e. concrete, asphalt, or crushed stone (according to engineering specs) that is maintained and free from excessive weeds and grass intrusion.
(7) Shall be parked or stored no closer than five (5) feet to any lot line.
(8) Shall be parked or stored at least ten (10) feet from the main structure.
(b) Recreational Vehicle and Utility Trailer.
(1) Shall only be parked upon a lot if the vehicle is titled or leased in the name of a person whose permanent residence is located on the same lot.
(2) Shall have no fixed utility connections such as electricity, gas, waste, or sanitary sewer, and at no time may be used for living or housekeeping purposes or business activities.
(3) For purposes of loading or unloading, for a period of not more than seventy-two (72) hours in any one week, may be parked on a driveway in the front yard, but as close to the setback line as possible.
(4) Upon notice to the Zoning Department, exceptions to these parking restrictions are permitted to accommodate parking of a recreational vehicle owned by guests of City residents for a period of time not to exceed (7) seven days as long as the vehicle is parked on an improved driveway surface.
(5) "Recreational vehicles" are defined for the purposes hereof as any vehicle or a vehicular portable structure designed and constructed to be primarily used for recreational or camping purposes or for the purpose of a temporary dwelling used for travel, recreation, or vacation. Recreational vehicles shall include, but not be limited to travel trailers, motor home, truck camper, fifth wheel, wave runners with trailers, jet skis with trailers and other personal watercraft, boat, and any other related camping and recreational equipment.
(6) "Utility trailer" is defined for the purposes hereof as any vehicle designed and constructed in such a manner, mounted on wheels or a motor vehicle, so it can be drawn or carried upon streets or highways whose primary purpose is to haul personal property or other property or material and is licensable as a utility trailer under Ohio Motor Vehicle licensing law for use on highways or streets.
(c) Commercial Vehicle.
(1) No provision of this Section shall be interpreted, construed, or enforced in a manner, which prevents the normal delivery, construction, or other service to a legal lot, use, or building, by a commercial vehicle.
(2) "Commercial Vehicle" is defined for the purposes hereof as any vehicle, no matter what its gross vehicle weight, used or designed to be used for business or commercial purposes. These vehicles include, but are not limited to: a bus, cement truck, panel truck, semi-tractor, semi-trailer, or any other non-recreational trailer used for commercial purposes, stake bed truck, step van, tank truck, tar truck, parked truck, or tow truck, but does not include a passenger car, pickup truck, passenger van or utility van provided it does not exceed eight feet in height or twenty feet in length.
(3) Outside of the normal delivery, construction or service to a residence, garbage trucks, dump trucks, and semi cabs are prohibited from parking on residential lots. All other commercial vehicles will be allowed on residential properties as long as they are in adherence to the specifications outlined in subsection (a) hereof.
(d) No more than three (3) vehicles which are commercial vehicles, recreational vehicles or utility trailers shall be stored on a lot at any one time.
(e) Collector or Historical Vehicle.
(1) No person, firm, corporation or association shall store or permit to be stored, for a period of more than five days, a collector's motor vehicle or a historical motor vehicle upon any lot or land including any property owned by such person, firm, corporation or association, unless such vehicle is completely enclosed in a building, garage, or if outside, such vehicle is located in either a side or rear yard and completely covered with a manufactured vehicle protective covering. Collector's motor vehicles or historical vehicles shall not be parked for a period of more than 24 hours on a City owned street.
B. Such vehicle shall be parked at least five feet from any adjoining property line unless the vehicle is parked on an existing legally zoned driveway then such vehicles must meet the setback requirement for the driveway.
C. Such vehicle shall be parked on an improved driveway (i.e. concrete, asphalt, or crushed stone according to engineering specs) that is maintained and free from excessive weeds and grass intrusion.
(2) If such vehicle is parked in a side or rear yard (as defined in Section 1106.01) the following shall apply:
A. Such vehicle shall be parked at least five (5) feet from any adjoining property line unless the vehicle is parked on an existing legally zoned driveway then such vehicles must meet the setback requirement for the driveway.
B. Such vehicle shall be parked on an improved driveway (i.e., concrete, asphalt, or crushed stone according to engineering specs) that is maintained and free from excessive weeds and grass intrusion.
(3) The five day period shall be deemed to begin to run on the date that such person, firm, corporation or association is notified in writing by certified mail, by the Zoning Inspector that such vehicle is being stored in violation of this section.
(4) This section does not exempt junk yards, or auto salvage yards, body shops, auto repair shops or new or used car dealerships from compliance with ordinances, state laws, health rules and regulations or zoning restrictions pertaining to the operation of such businesses and all such entities are to store any vehicle, disabled or otherwise, in an orderly and non-unsightly manner
(5) Collector's vehicles are defined for the purposes hereof as any motor vehicle of special interest having a fair market value of one thousand dollars ($1,000) or more, whether operable or not, that is owned, operated, collected, preserved, restored, maintained or used essentially as a collector's item, leisure pursuit or investment, but not as the owner's principal means of transportation.
(6) Historical motor vehicle for purposes hereof means any motor vehicle that is over twenty-five years old and is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades and similar uses, but in no event to be used for general transportation.
(7) Manufactured cover shall be defined as an opaque, waterproof material, consisting of sewn seams that substantially fit the contour of vehicle and is provided with either string ties, straps, or sewn elastic restraints to prevent blow off.
(f) No more than five (5) vehicles of any sort, including operable vehicles shall be located outside of a building on any residential lot. (Ord. 2022-36. Passed 6-21-22.)
1125.11 REQUIRED TRASH AREAS.
All commercial, industrial, and multi-family residential uses shall provide trash or garbage areas enclosed on at least three sides by a solid wall or fence of at least four feet in height and at least two feet from a side or rear lot line.
1125.12 VISIBILITY AT INTERSECTIONS.
On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the street grade and 20 feet in either direction from the intersection of the lot lines at the corner.
1125.13 RESERVED.
(EDITOR'S NOTE: This section is reserved for future legislation.)
1125.14 OUTDOOR HEATING UNITS.
(a) Definitions. "Outdoor heating unit (boiler)" means a wood or coal burning hot water furnace that is a freestanding unit situated outside the envelope of the structure to be heated.
(b) Permit to Install. No person(s) shall install, or cause to be installed any outdoor heating unit without first obtaining a required permit(s).
The applicant shall provide a site plan depicting the location of the proposed installation on the property, including distances from existing, adjacent structures. The site plan must also show distances from the closest structures of adjacent structures to the proposed installation lot. The height of the proposed chimneystack will be noted on the drawing, as well as on the proposed screening plan.
Outdoor heating units shall only be located in the rear yard.
(1) Units located seventy-five feet or closer from any other structure must have a stack height of at least two feet higher than the eave height of the nearest residential structure.
(2) If located more than seventy-five feet, but less than 100 feet from the nearest structure, the stack height shall be not less than seventy-five percent of the eave height of the nearest residential structure, plus two feet.
(3) If located more than 100 feet, but less than 150 feet from the nearest structure, the stack height shall be not less than fifty percent (50%) of the eave height of the nearest residential structure, plus two feet.
(4) If located more than 150 feet, but less than 200 feet from the nearest structure, the stack shall be not less than twenty-five percent (25%) of the eave height of the nearest residential structure, plus two feet.
(5) No part of any outdoor heating unit structure, required screening or fuel supply should be permitted to be located closer than ten feet from any property line.
(6) Every outdoor heating unit must have a spark arrestor securely attached to the chimneystack to prevent the passage of sparks and ashes to the outside atmosphere.
(c) Fuel/Wood.
(1) No person shall burn fuel in any outdoor heating units other than the fuel recommended by the manufacturer.
(2) Exception: Regardless of any manufacturer recommendation, the burning of trash, plastics, gasoline, naphtha, household garbage, material treated with petroleum products, particle board, railroad ties, telephone poles, pressure treated wood, leaves, paper products and cardboard, or any other material that may cause offensive or noxious odors, smoke, airborne ash or debris is prohibited.
(3) Maintenance of unit/screening of unit and fuel.
A. The exterior of any outdoor heating unit shall be maintained and kept in good working condition in accordance with the manufacturer's maintenance recommendations.
B. The outdoor heating unit and fuel storage shall be screened by approved fencing, landscaping, earth berm or other suitable enclosure. The average height of the enclosure shall be equal to the height of the outdoor heating unit or stored fuel, but shall not be required to exceed six feet in height.
1125.15 WIND ENERGY SYSTEMS.
(a) Purpose. The purpose of this section is to protect the public health and safety of its citizens and to promote an orderly land use within the City of Fostoria. All Wind Energy Systems shall be a "conditionally permitted" use in all Zoning Districts.
(b) Definitions.
(1) Applicant: The person or entity filing an application under this Section.
(2) Clear Fall Zone: An area surrounding the wind turbine unit or wind energy system into which the turbine, tower and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing structure failure. The area shall remain confined within the property lines of the primary parcel where the wind energy structure is located. The purpose of the zone being that, if the structure should fall or otherwise become damaged, the falling structure will be confined to the primary parcel, will not fall onto dwellings or accessory buildings, and will not intrude onto a neighboring property.
(3) Decibel: A unit of relative sound equal to ten time the common logarithm of the ratio of two readings. For sound, decibel scales run from zero for the least perceptible to 130 for sound that causes pain.
(4) Facility Owner: The entity or entities having equity interest in the wind energy facility, including their respective successors and assigns.
(5) Large Wind Energy System: A wind energy system that has a rated capacity of more than 600 kilowatts (kW).
(6) Lattice Tower: A tower constructed of vertical metal struts and cross braces forming a square or triangle structure that tapers from the foundation.
(7) Medium Wind Energy System: A wind energy system which has a rated capacity of more than 20 kilowatts (kW) and less than 600 kW.
(8) Monopole Tower: A tower constructed of a single, self-supporting metal tube, anchored to a foundation with controls locked inside the tube.
(9) Non-Participating Landowner: Any landowner except a landowner on whose property all or a portion of a wind energy system is located.
(10) Operator: The entity responsible for the day-to-day operation and maintenance of the wind energy system.
(11) Occupied Building: A residence, school, hospital, church, public library, or other building used for private or public gathering or for commercial purposes that is occupied or in use when a permit application is submitted.
(12) Shadow Flicker: The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind energy system.
(13) Small Wind Energy System: A wind energy system which has a rated capacity of not more than 20 kilowatts (kW).
(14) Total Height: The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
(15) Tower: an elevating structure intended to raise the rotor, turbine and accessory equipment above the ground or mounting surface.
(16) Wind Turbine Height: The height from pre-existing natural grade to the highest point of the wind turbine rotor plane.
(17) Wind Energy System: An electric generating system, whose main purpose is to convert wind energy into usable forms or energy, or to supply electricity, consisting of one (1) or more wind turbines, supporting structures and other accessory structures, buildings, including substations, meteorological towers, electrical infrastructure, energy storage systems and equipment, transmission lines and other appurtenant structures and systems.
(18) Wind Energy System Owner: The entity or entities having an equity interest in the wind energy system, including their respective successors and assigns.
(19) Wind Turbine: A wind energy conversion system that controls or converts wind energy into electricity through the use of a generator.
(c) Applicability.
(1) This section applies to all Wind Energy Systems as defined in subsection (b) hereof that are proposed to be constructed or located within the City of Fostoria after the effective date of this section.
(2) Any Wind Energy System constructed or located prior to the effective date of this section will not be required to meet the provisions of this section, provided that any physical modifications to such pre-existing Wind Energy System that materially alters the size, type and number of any such Wind energy Systems shall be required to comply with provisions of this section. Preexisting Wind Energy Systems that are destroyed or damaged to the extent they can no further operate, shall not be reconstructed except in conformity with this section.
(d) Conditionally Permitted. All Wind Energy Systems shall be considered a "Conditionally Permitted Use" in all Zoning Districts.
(e) Permit Requirements.
(1) No Wind Energy System shall be constructed or located within the City of Fostoria unless a "Conditionally Permitted Use" has been approved by the Board of Zoning Appeals and a permit has been issued to the applicant by the Zoning Inspector. Application for a Wind Energy System shall be made on the same application as used for other zoning applications.
(2) The conditionally permitted use permit application shall be made in compliance with this section and Section 1109.03 Conditional Use Permit.
(4) Any physical modifications to an existing and permitted Wind Energy System that materially alters the size, type and number of such systems shall require a new permit be issued.
(5) Specific information on the type, size rotor, material and rated power output, performance, safety and noise characteristics and decibel rating, of all parts of the system including the name and address of the component manufacturer's model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes. This information shall be submitted at the time of the application for a conditional use permit.
(6) All Wind Energy Systems connected to the commercial power system (power grid) shall be net metered, and shall have grid failure disconnect systems and shall adhere to Ohio R.C. 4928.67.
(7) The setback distance for all Wind Energy Systems shall be determined and based on the total height of the system. The minimum setback shall be 1.1 times the total height from the nearest property line; public right-of-way; rail line; utility corridor/easement and; overhead public utilities, such as fiber optic, cable, telephone or electric lines.
(8) Site Plan (map view) to scale showing the location of all of the components of the proposed Wind Energy System and the locations of all existing buildings, structures, property lines; overhead utilities, along with distances, and
(9) Elevation (side view) drawings of the site to scale showing the height, design, and configuration of the system and the height and distance to all existing structures,
(10) Structural drawings and engineering analysis of the system tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity, and a standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site. Tower and foundation designs shall be certified by a registered Professional Engineer for the State of Ohio.
(11) Documentation that a "Determination of No Hazard to Air Navigation" has been received from the Federal Aviation Administration (FAA) for the proposed Wind Energy System.
(12) An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
(13) Applicants must submit all required applications, drawings, etc., to Wood County Building Inspection for Wind Energy Systems within Commercial or Industrial Zoning Districts.
(f) Wind Energy Systems Design Standards and Installation.
(1) All Wind Energy Systems shall conform to the National Electric Code and Ohio Building Code and all electrical interconnections and distribution electric lines shall be underground and shall comply with all applicable codes and requirements.
(2) Any Wind Energy System shall not provide power to off-site buildings, structures, or uses other than the electrical power energy distribution system (power grid).
(3) There shall be only one (1) unit at each residential site or parcel. In Commercial or Industrial Zone Districts, the Board of Zoning Appeals shall set the permitted number of units at each location, site or parcel. For Large Wind Energy Systems, the maximum number of towers per a four (4) acre parcel/site or system owner shall not exceed two (2).
(4) Tower Design. The design of the tower shall be a single enclosed pole, which is freestanding, without guy wires.
(5) Wind Energy Systems in Residential Zoning Districts shall be roof mounted or mounted on a standard single metal utility pole in accordance with manufacturer's specifications. A roof mounted system shall not extend higher than twelve (12) feet above the top of the roof where it is mounted. Pole mounted Small Wind Energy Systems shall be located at the rear of a main building.
(6) Visual Appearance. Wind Energy Systems shall be finished in a corrosion resistant, non-obtrusive finish and a non-reflective color consisting of off-white, gray or sky/pale blue. No Wind Energy System shall be lighted, unless required by the FAA. No flags, streamers, decorations or advertising signs of any kind or nature shall be permitted on any system. All systems shall have a clearly visible warning sign at the base of the system warning of "High Voltage". All access doors to the Wind Energy System, if any, shall be locked to prevent entry by non-authorized personnel.
(7) Wind Energy Systems in Commercial Zoning Districts; the minimum height of the lowest extent of the turbine blade shall be thirty (30) feet above the foundation of the tower or thirty (30) feet horizontally from any part of the arc of the turbine blades.
(8) Wind Energy Systems with external blades shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for over-speed protections.
(g) Liability Insurance. Property owners of all Wind Energy Systems shall maintain a current liability insurance policy which will cover installation and operation of the Wind Energy System at all times. The liability insurance policy shall, as a minimum include covering bodily injury and property damage with limits of at least one (1) million dollars per occurrence and one (1) million dollars in the aggregate. Property owners shall make the City of Fostoria a Certificate Holder and provide a copy of said certificate to the City of Fostoria.
(h) Signal Interference. No Wind Energy System shall cause interference with television, internet or other communication signals received from abutting property owners. Once determined, said system is causing interference, the owner shall take steps to filter or block the cause of said interference. Failure to correct the cause for interference may cause the City to order the owner to terminate the Wind Energy System until such time the interference is corrected.
(i) Noise. No Wind Energy System shall generate sounds exceeding 60 decibels in Commercial Zoning Districts as measured from the nearest property lines and 45 decibels in Residential Zoning District.
(j) Wind Energy Systems. No experimental, home built, or prototype Wind Energy System shall be allowed.
(k) Anti-Climbing Device. A single pole tower shall have anti-climbing protection which shall consist of not having rungs/ladders or other climbing devices for the first fifteen (15) feet from the foundation.
(l) Maintenance. All Wind Energy Systems shall be maintained in good working order in accordance with manufacturer's specifications.
(m) Non-Use. Any Wind Energy System which complies with the terms of this ordinance, but is not operable, with pending repairs limited to twelve months from the last date of operation, shall be removed within six (6) months after said repair period has expired. The property owner shall remove the Wind Energy System at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter-connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this ordinance and shall be subject to civil and criminal prosecution.
(n) Severability. Should any section, subdivision, clause, or phrase of this chapter be declared by the courts to be invalid, the validity of the chapter as a whole, or in part, shall not be affected other than the part invalidated.
(o) Penalty. Whoever violates any provisions of this chapter for which no other penalty is provided, or any rule or regulation promulgated hereunder, or fails to comply therewith or with any written notice, or order issued hereunder, or whoever interferes with, obstructs or hinders the Chief Building Official or his authorized representative while attempting to make inspections, is guilty of a misdemeanor of the third degree as defined in the Ohio Revised Code. Each day such violation occurs or continues shall constitute a separate offense.
(Ord. 2014-15. Passed 4-1-14.)
1125.99 VIOLATION AND PENALTIES.
(a) (1) Whoever violates any provision of this code for which no other penalty is provided is guilty of a minor misdemeanor.
(2) If within one year of the offender has been convicted of, or has pleaded guilty to, one or more violations of a section under this code, the offender may be guilty of a special misdemeanor, punishable by a fine of up to five hundred dollars ($500.00).
A. Each day of noncompliance with the notices and orders of the Zoning Inspector shall constitute a separate offense.
B. Violators shall also be fined the costs incurred for proper disposal of the material collected. In addition to the cost of the disposal there shall be administrative fees charged for work or services performed by the City, the Administrative Fee shall be two hundred and five dollars ($205.00).
(3) Any person who violates a provision of this Code shall be required to pay a Civil Penalty in the amount of Three Hundred Fifty dollars (350.00). If that person complies with the correction order within the time specified in the order, the Civil Penalty shall be reduced to Fifty dollars ($50.00).
(4) When a person is found in violation of a provision of this Code and fails to comply with the correction order within the time specified, a reinspection fee shall be charged for every inspection thereafter. Reinspection of the premises shall be conducted until such time that the property is brought in compliance with the City of Fostoria Codified Ordinances. Whenever reinspection of the premises is conducted by the City and such costs of reinspection have not been included within the administrative costs, the additional cost of reinspection shall be assessed in an amount of seventy five dollars ($75.00).
(5) In the event the person fails to pay a Civil Penalty, reinspection or administrative fee or costs incurred by the City for clean up, repair and/or abatement of the premises within thirty (30) days after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the code official, it may be collected using one or more of the following methods, provided however that the expenses may on be collected once.
A. Such expenses may be certified to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect such expenses.
1127.01 GENERAL PROVISIONS.
(a) The following uses or structures are considered incidental to the proper use and function of all activities and are allowed in any district.
(1) Accessory building or use.
(2) Essential services.
(3) Public service facility.
(b) Not included are utility functional administrative offices.
1127.01A USE TABLE.
The use Table of this Section lists the principal uses allowed within base zoning districts. The symbols used in the Use Table are defined in the following paragraphs.
(a) [P] Permitted Uses. A "P" indicates that a use is permitted by right, subject to compliance with all other applicable regulations of this Zoning Code.
(b) [C] Conditionally Permitted Uses. A "C" indicates that a use is allowed only if reviewed and approved in accordance with the Conditional Use procedures of Chapter 1109
(c) Uses Not Allowed. A blank cell (one with a "-" and doesn't contain a "P" or "C") indicates that the listed use is not allowed in the respective zoning district.
(d) Use Standards. The existence of use standards for a use category is noted by a bracketed table note referenced "[x]" within the table cell containing the "P" or "C". Unless otherwise noted use standards are also subject to the provisions of Chapter 1109, Parking, Loading, and Access; Chapter 1131, Performance Standards; Chapter 1135, Signs; Chapter 1131, Fencing; Chapter 1125.04, or Pools; Chapter 1125.05.
1127.01B UNLISTED USES.
If an application is submitted for a use type that is not listed in the Use Table of this Section, the Zoning Inspector is authorized to classify the new or unlisted use type into an existing land use category that most closely fits the new unlisted use. If no similar use determination can be made, the Zoning Inspector must initiate an amendment to the text of this Zoning Code to clarify where such uses are allowed.
1127.01C USE TABLE.
Zoning District | S-1 | R-1 | R-2 | R-3 | B-1 | B-2 | B-3 | M-1 | M-2 |
Adult Bookstore | - | - | - | - | - | C*[10] | - | - | - |
Adult Cabaret | - | - | - | - | - | C*[10] | - | - | - |
Adult Day Care Facilities | P | - | - | C | C | P | - | - | - |
Adult Family Home | - | - | C | P | P | - | - | - | - |
Adult Group Home | P | - | - | C | C | P | - | - | - |
Adult Motion Picture Theater | - | - | - | - | - | C*[10] | - | - | - |
Adult-Only Entertainment Establishment | - | - | - | - | - | C*[10] | - | - | - |
Agriculture | P | - | - | - | - | - | - | P | P |
Airport | C | - | - | - | - | - | - | C | C |
Amusement Arcades | - | - | - | - | - | C | - | - | - |
Automobile Car Wash | - | - | - | - | - | P | - | - | - |
Automobile Sales | - | - | - | - | - | P*[13] | P*[13] | - | - |
Automotive or Metal Salvage & Wrecking | - | - | - | - | - | - | - | - | C |
Automotive Repair | - | - | - | - | - | P | P | P | P |
Zoning District | S-1 | R-1 | R-2 | R-3 | B-1 | B-2 | B-3 | M-1 | M-2 |
Bank & Financial Institutions | - | - | - | - | P | P | P | - | - |
Bed and Breakfast | - | - | C*[12] | C*[12] | P*[12] | P*[12] | P*[12] | - | - |
Business Services | - | - | - | - | P | P | P | - | - |
Business, General | - | - | - | - | - | P | P | - | - |
Business, Wholesale | - | - | - | - | - | P | P | P | P |
Cemeteries | C | C | C | C | - | - | - | - | - |
Church | P | C | C | C | P | P | P | - | - |
Clinic | - | - | - | C | P | P | P | - | - |
Clubs | - | - | - | C | P | P | P | - | - |
Commercial Entertainment Facilities | - | - | - | - | - | P | P | - | - |
Commercial Storage | - | - | - | - | P | - | P | - | - |
Contractors Yard | - | - | - | - | - | - | - | P | P |
Convenience Store | - | - | - | - | P | P | P | - | - |
Day Care - Family | - | P | P | P | - | - | - | - | - |
Day Care - Group | - | - | - | C*[4] | C*[4] | C*[4] | C*[4] | - | - |
Drive-In Commercial Uses | - | - | - | - | - | P | - | - | - |
Drive-Through Commercial Uses | - | - | - | - | P | P | P | - | - |
Educational Institutions | P | C | C | C | P | P | P | - | - |
Food Processing | - | - | - | - | - | P | C | P | P |
Garage, Public | - | - | - | - | P | P | P | - | - |
Garage, Service Station | - | - | - | - | - | C*[7] | C*[7] | - | - |
Grain & Feed Dealers | - | - | - | - | - | - | - | P | P |
Grain Elevator | - | - | - | - | - | - | - | P | P |
Zoning District | S-1 | R-1 | R-2 | R-3 | B-1 | B-2 | B-3 | M-1 | M-2 |
Home Occupation | C*[3] | C*[3] | C*[3] | C*[3] | C*[3] | C*[3] | C*[3] | - | - |
Hotel | - | - | - | - | - | P | P | - | - |
Institution (Halfway House) | - | - | - | - | - | P | P | - | - |
Junk Yard | - | - | - | - | - | - | - | - | C |
Kennel | - | - | - | - | C | P | - | P | P |
Laundromat | - | - | - | - | P | P | P | - | - |
Maintenance & Storage Facilities | - | - | - | - | - | - | - | P | P |
Manufacturing or Industrial Processes | - | - | - | - | - | - | - | P*[9] | P*[9] |
Medical Marijuana Dispensary | P | P | |||||||
Monument Works & Sales | - | - | - | - | - | - | - | P | P |
Mortuaries | P | - | - | C | C | C | C | - | - |
Nursery, Plant Material | - | - | - | - | P | P | - | P | P |
Nursing Home | P | - | - | C | C | P | - | - | - |
Oil and Gas Wells | C*[2] | - | - | - | - | - | - | C*[2] | C*[2] |
Parking Facilities | - | - | - | - | P | P | P | - | - |
Personal Services | - | - | - | C | P | P | P | - | - |
Petroleum Refineries & Storage | - | - | - | - | - | - | - | - | C |
Plant Cultivation | P | C | C | C | - | - | - | P | P |
Printing & Publishing Activities | - | - | - | - | - | P | P | P | P |
Professional Activities | - | - | C | C | P | P | P | - | - |
Public Uses | P | C | C | C | P | P | P | - | - |
Quasi Public Use | P | C | C | C | P | P | P | - | - |
Railroad Yards | - | - | - | - | - | - | - | P | P |
Zoning District | S-1 | R-1 | R-2 | R-3 | B-1 | B-2 | B-3 | M-1 | M-2 |
Recreational Camp | C | - | - | - | - | - | - | C | C |
Recreational Facilities Non Restricted | P | - | - | - | - | - | - | P | P |
Recreational Facilities - Restricted | - | - | - | - | - | P | P | - | - |
Residential Multiple Family | - | - | - | P | - | P | P*[8] | - | - |
Residential Condominiums | - | - | - | P | - | - | P*[8] | - | - |
Residential Duplex Condominium | - | - | P | P | - | - | - | - | - |
Residential Single Family | - | P | P | P | - | P | P | - | - |
Residential Two Family | - | - | P | P | - | P | P | - | - |
Restaurant | - | - | - | - | - | P | P | - | - |
Sand Gravel Extraction | C*[1] | - | - | - | - | - | - | C*[1] | C*[1] |
School - Commercial, Business or Technical | - | - | - | - | P | P | P | - | - |
Semi-Public Uses | P | C | C | C | P | P | P | - | - |
Small Engine Repair & Sales | - | - | - | - | C | P | P | P | P |
Social Activities | - | - | - | - | - | P | P | - | - |
Storage Lot | - | - | - | - | - | - | - | P | P |
Supply Yards | - | - | - | - | - | C | - | P | P |
Tow Lot | - | - | - | - | - | - | - | P*[6] | P*[6] |
Trucking Facilities | - | - | - | - | - | - | - | P | P |
Veterinary Clinic or Hospital | - | - | - | - | - | P*[5] | - | P*[5] | P*[5] |
Warehousing | - | - | - | - | - | C | P | P | P |
Wireless Telecommunications Equipment Shelter | C | - | - | - | - | - | - | C*[11] | C*[11] |
Wireless Telecommunications Facility | C | - | - | - | - | - | - | C*[11] | C*[11] |
Wireless Telecommunications Towers | C | - | - | - | - | - | - | C*[11] | C*[11] |
(Ord. 2012-42. Passed 9-4-12; Ord. 2022-11. Passed 2-15-22.)
1127.01D USE STANDARDS.
[1]. SAND GRAVEL EXTRACTION.
The facilities must meet or exceed the following requirements:
a. Mineral extraction, storage, or processing shall not be conducted closer than 500 feet from any R district; nor closer than 200 feet from any structure used for human occupancy in any other district.
b. Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed.
c. The operator shall file with the Zoning Inspector a location map which clearly shows areas to be mined and the location adjacent properties, roads, and natural features.
d. The operator shall submit information on the anticipated depth of excavations and on depth and probable effect on the existing water table.
e. The operator shall file with the Board a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than ten feet, the type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage, courses, or other improvements contemplated.
f. The operator shall file with the Council a bond, payable to the city and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate acre of property to be mined of the required bond shall be as fixed by ordinance of the Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
[2]. OIL AND GAS WELLS
The facilities must meet or exceed the following requirements:
a. Mineral extraction, storage, or processing shall not be conducted closer than 500 feet from any R district; nor closer than 200 feet from any structure used for human occupancy in any other district.
b. Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and removed.
c. The operator shall file with the Zoning Inspector a location map which clearly shows areas to be mined and the location adjacent properties, roads, and natural features.
d. The operator shall submit information on the anticipated depth of excavations and on depth and probable effect on the existing water table.
e. The operator shall file with the Board a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than ten feet, the type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage, courses, or other improvements contemplated.
f. The operator shall file with the Council a bond, payable to the city and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate acre of property to be mined of the required bond shall be as fixed by ordinance of the Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
[3] HOME OCCUPATIONS
[4] DAYCRE - GROUP
Day Care - Group facilities are subject to the following requirements:
a. Application Materials - A copy of the site plan and descriptive plan of operation as submitted to the Ohio Director of Job and Family Services as part of the license application must be included in the application for Conditional Use Permit.
b. Indoor Space - 35 square feet of useable indoor space per person in the care must be regularly available for the day care operation.
c. Outdoor Space - 60 square feet of useable space must be provided for each person in care using the outdoor area at any one time. A Type B landscape buffer shall be provided around the outdoor space.
d. Drop-off/Pick-up Area - A paved area for dropping off and picking up persons in care at the facility must be provided with the approval of the Zoning Department.
e. Spacing - Must be at least 500 feet from a site with any other Daycare facility. In no case may more than one facility be located on the same block.
f. Site Plan Approval - This is subject to site plan approval.
DAYCARE - FAMILY
Family Day Care facilities for one to six children or adults are considered a residential use and permitted in all residential districts, with no zoning certificate required when the licensee or administrator of the facility resides in the home. See Revised Code Section 5104.05.4 on the zoning status of Type B Family Day Care Homes.
[5] VETERINARY HOSPITAL OR CLINIC
Any outside runs are required to be more than 200 feet from the nearest residential district.
[6] TOW LOTS
Storage of tow away vehicles in such facilities as tow lots and impound yards must be developed and operated in compliance with the following standards:
a. Location - Storage of tow away vehicles must be 500 feet from any residential district and be located on a major street.
b. Outdoor Storage - Any space for the storage of vehicles outdoors must be shielded by a fence between 6 and 10 feet tall that shields the premises from ordinary view on all sides and protected by a guardrail or other barriers approved by the Zoning Inspector. All inventory of the business must be stored behind the fence.
c. Landscaping - A landscaping buffer shall be provided. The buffer shall be no less than 6 feet tall and no less than 10 feet wide. It must be of a nature to create a solid wall effect.
[7] GARAGE - SERVICE STATION
Service Station pump islands may be located within a required yard, provided they are not less than 15 feet from any street right - of - way line and not less than 25 feet from the boundary of any residential district. Pump island canopies may be located within a required yard provided they are no closer than ten feet to any property line and at least 14 feet in height.
In the B-3 District, canopy structures shall be permitted to overhang the street right - of - way not more than 60% of the distance between the street right - of - way line and the curb line and must have a minimum vertical height of nine feet above the sidewalk grade.
[8] RESIDENTIAL IN THE B-3 DISTRICT
Any structure containing residential and nonresidential uses must have separate passageway from the building entrance and parking areas. Dwelling units are subject to the requirements of the R-3 District for the minimum residential floor areas and off-street parking.
[9] MANUFACTURING OR INDUSTRIAL PROCCESSES
By the nature of the materials, equipment, and process used it must be clean, quiet, and free of objectionable or hazardous elements. Manufacturing activities shall include the following activities:
a. Clothing
b. Drugs
c. Electronic components or equipment
d. Food Processing
e. Jewelry
f. Musical instruments
g. Research and testing facilities
h. Small household appliances
i. Sporting goods
[10] ADULT ENTERTAINMENT BUSINESS
In addition to complying with all regulations within the district where they are located, all adult entertainment businesses shall comply with the following criteria:
a. No adult entertainment business shall be permitted in a location which is within one thousand five hundred feet (1500) of another adult entertainment business.
b. No adult entertainment business shall be permitted in a location which is within one thousand feet (1000) of any church, or any public or private school, any park, any playground, or any social services facility or neighborhood center.
c. No adult entertainment business shall be permitted in a location which is within five hundred (500) of any residence or boundary of any residential district.
[11] WIRELESS TELECOMMUNICATIONS FACILITIES
All Wireless Facilities must meet the following requirements:
a. With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any Wireless Facility tower or antenna, nor any lines, cable, equipment, wires or braces connecting to a tower or antenna, shall at any time extend across or over any part of the right - of - way.
b. Construction of or a change to main or accessory structure on the Wireless Facility site when not involving a change to a wireless facility need not be reviewed as a Conditional Use but shall comply with all applicable zoning district standards.
c. Wireless Facilities shall be designed to reasonable blend into the surround environment through the use of neutral colors (such as grey), screening, landscaping and architecture, unless to Federal Aviation Administration, or other Federal or State authorities require otherwise. Any Wireless Facility sited on the ground, as opposed to being attached to a structure, shall:
1. Be subject to setback requirements, have an 8 foot high privacy fence or wall, as measured from the finished grade of the site, constructed around the perimeter of the Wireless Facility; and
2. Be landscaped in accordance with the screening requirements of Section 1108.0203. For purposes of said section, a Wireless Facility shall be deemed an Industrial use regardless of the zoning district in which the facility is located.
d. No commercial advertising shall be allowed on the tower or antenna, except for antennas attached to an existing and approved sign. Towers may have safety or warning signs in appropriate places.
e. No signals, lights or other illumination shall be permitted, unless requires by FAA regulation, other Federal or State law, or otherwise authorized below.
1. Light fixtures may be attached to a tower or antenna if it is part of the design incorporated into the structure to be used for the illumination of parks, athletic fields, parking lots, streets, or other similar areas.
2. Lighting of accessory structures for security purposes is permissible but shall be so arranged so as to direct and reflect away from any adjacent residential property or public way.
3. When lighting of a tower is required, it shall be placed on the tower and designed in such a way as to minimize glare on adjacent residential properties.
f. Mobile or immobile equipment not used in direct support of a Wireless Facility shall not be stored or parked on the site, unless repairs of the facility are being made.
Co-Location on Existing Wireless Facility
Installation of an antenna on any existing Wireless Facility is a Permitted Use.
Co-Location By Attachment To Existing Structure
a. This subsection address the installation of a tower or antenna on an existing structure, other than a Wireless Facility tower, including but not limited to buildings, light poles, water towers, commercial signs, church steeples, and any other freestanding structures.
b. Such Wireless Facilities, including associated equipment and accessory structures, shall be subject to Site Plan Procedures and the following minimum standards:
1. The site plan / area map include in the application shall contain a drawing and a description of the proposed Facility including, but not limited to , colors and screening methods.
2. Such Wireless Facilities may not be located in a designated Historic District unless approved by the respective Historic District Commission.
3. The addition of a Wireless Facility to an existing structure shall not cause the height of said structure to increase by more than 20 percent.
4. Wireless facilities erected upon, or attached to, existing structures shall not be subject to standard setback requirements.
Freestanding Wireless Facilities
a. Freestanding wireless facilities are subject to Site Plan Review procedures where permitted by right.
b. An affidavit of intent committing the site owner, his successors and adding's and the operator and his successors and assigns to allow the shared use of the tower and to offer a potential additional user reasonable terms and conditions for collocation. Failure to follow through with this commitment constitutes a violation of this Zoning Code and may result in revocation of the permit associated with the site.
c. Freestanding wireless facilities are subject to the following standards:
1. The Wireless Facility shall be setback from the property line in all directions a distance at least equal to the height of the tower or 100 feet, whichever is greater, if the site is in or abuts a Residential district or Household Living or Group Living uses.
2. A freestanding Wireless Facility may not be located in a designed Historic District unless approved by the respective Design Review Board.
3. The tower shall be designed, and shall have the capacity in all respects, to accommodate both the applicant's antenna and at least two comparable antennas if the tower is over 120 feet in height or at least on comparable antenna if the tower is over 70 feet in height but less than 120 feet in height. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
4. Towers shall be of a monopole design, and guyed or lattice towers are prohibited.
5. Towers shall be constructed of galvanized metal.
6. Towers shall be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.
7. No tower shall have a platform, catwalk, crow's nest or like structure around it, or attached to it. Except while under construction or repair.
Radio/TV Wireless Facilities
Radio/TV Wireless Facilities are subject to the following standards:
a. A Radio/TV Wireless Facility may not be located in a designated Historic District unless approved by the respective Design review Board.
b. The Facility shall be setback from the property line in all directions a distance equal to the height of the tower or antenna or 100 feet, whichever is greater, if the Facility abuts a Residential District or Household Living or Group Living uses.
c. The tower or antenna shall be constructed so that if a failure does occur, it will collapse into itself and will not fall onto structures near the site.
Inspections
All Wireless Facilities may be inspected at any time by the City in order to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this Zoning Code.
Abandoned or Unused Facilities
All abandoned or unused Wireless Facilities shall be removed by the operator within 6 months of the cessation of use unless ownership and use thereof has been transferred to another person. A wireless Facility shall be considered abandoned if use has been discontinued for 180 consecutive days. The Zoning Inspector may extend this time period or waive this requirement if it is shown by the operator that the Wireless Facility has not been abandoned.
Transfer of Use
Approved Wireless Facilities may be transferred to successors and assigns of the approved party, subject to all of the conditions that apply to initial approval.
[12] BED AND BREAKFAST
Bed and Breakfast uses in Residential districts are subject to the following requirements:
Employees
A Bed and Breakfast use may have one employee for the lodging activity, such as food preparation or cleaning.
Maximum Size
A Bed and Breakfast use may not exceed four bedrooms for guests or a maximum of eight guests per night.
Length of Stay
Guests shall be limited to a maximum stay of 30 days.
[13] AUTOMOTIVE SALES - USED ONLY
The following standards apply to used automobile and recreational vehicle sales when no part of a new auto or RV dealership.
Location
A 50 foot separation measured along the street frontage between any open display sales lot and a Residential district boundary line shall be maintained. This separation shall apply to both sides of a street and to intersecting streets on corner lots.
Outdoor Display Areas
a. Elevated displays, lifts or metal structures used in conjunction with the display of motor vehicles shall be permitted only within those areas specifically designed upon the site plan and shall not be allowed in a required front yard.
b. Incorporate curbs or other substantial permanent barriers to prevent encroachment of the vehicles into the require setback and landscape areas.
Vehicle Quality
All used motor vehicles parked or displayed outdoors shall not fall under the definition of an inoperable motor vehicle excluding the licensing requirement.
Repairs
Repairs and service of inoperable auto and RV motor vehicles shall be conducted wholly within an enclosed structure permanently located on the lot.
1127.02 S-1: SPECIAL DISTRICT.
(a) Purpose. This district has been established to provide for public and semipublic uses and for other natural resource oriented uses compatible with the surrounding area.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted in the S-1 District. Information regarding required zoning certificates can be found in Chapter 1107 et seq. Residential uses in this district shall meet the requirements of the R-1 District.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that may be conditionally permitted in the S-1 District. Information regarding the required conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area, to be determined by lot, building, yards and other requirements.
(2) Minimum lot width, none.
(e) Yard Requirements.
(1) Minimum front yard, 40 feet.
(2) Minimum comer side yard, 40 feet.
(3) Minimum side yard, 30 feet.
(4) Minimum rear yard, 30 feet.
(f) Building Requirements.
(1) Maximum height, four stories, 45 feet.
(2) Maximum percentage of lot to be occupied, 30%.
(g) Other Requirements.
1127.03 R-1: LOW DENSITY RESIDENTIAL DISTRICT.
(a) Purpose. This district is established for low-density residential uses compatible with existing development in areas so defined. This category establishes the lowest density district in the city.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted in the R-1 District. Information regarding required zoning certificates can be found in Chapter 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that may be conditionally permitted in the R-1 District. Information regarding the required conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements for Lots Not Served by City Sanitary Sewers.
(1) Minimum lot area, 20,000 square feet or health regulation, whichever is greater.
(2) Minimum lot width, 120 feet.
(e) Lot Requirements for Lots Served by City Sanitary Sewers.
(1) Minimum lot area, 8,750 square feet.
(2) Minimum lot width, 70 feet.
(3) Corner lot, minimum lot width, 80 feet
(f) Yard Requirements.
(1) Minimum front yard, 30 feet.
(2) Minimum corner side yard, 20 feet.
(3) Minimum side yard, each lot shall have two side yards totaling at least 15 feet in width. The minimum width of either side yard shall be at least five feet.
(4) Minimum rear yard, 20 feet or 15% of the lot depth, whichever is less.
(g) Building Requirements.
(1) Maximum height, two and one-half stories, but not over 35 feet, for the main building. For accessory building the limit shall be 15 feet.
(2) Minimum residential floor area, 1,000 square feet.
(3) Maximum area of accessory buildings, 15% of the lot area or 1,000 square feet, whichever is less.
(4) Maximum percentage of lot to be occupied, 35%.
(h) Other Requirements.
(4) Fencing, governed by Section 1125.04.
1127.04 R-2: MEDIUM DENSITY RESIDENTIAL DISTRICT.
(a) Purpose. This district has been established to permit higher density single-family dwellings, and two-family dwellings. This district shall be serviced by City sanitary sewers and
City water supply systems.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted in the R-2 District. Information regarding required zoning certificates can be found in Chapters 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that may be conditionally permitted in the R-2 District. Information regarding the required conditional use permit can be found in Chapters 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area, 8,750 square feet for single-family dwellings and 10,250 square feet for two-family dwellings.
(2) Minimum lot width 70 feet for single-family dwellings and 90 feet for two-family dwellings.
(3) Corner lot, minimum lot width, 80 feet for single-family dwellings and 100 feet for two-family dwellings.
(e) Yard Requirements.
(1) Minimum front yard, 30 feet.
(2) Minimum corner side yard, 20 feet.
(3) Minimum side yard, each lot shall have two side yards totaling at least ten feet in width for single-family and 12 feet for two-family. The minimum width of either side yard shall be at least five feet.
(4) Minimum rear yard, 20 feet, or 15% of the lot depth, whichever is less.
(f) Building Requirements.
(1) Maximum height. two and one-half stories, but not over 35 feet for the main building. For accessory buildings, the limit shall be 15 ft.
(2) Minimum residential floor area per family, 1,000 square feet for single-family and 800 square feet for two-family.
(3) Maximum area of accessory buildings, 15% of lot area or 1,000 square feet whichever is less.
(4) Maximum percentage of lot to be occupied, 35% for single-family dwellings and 45% for two-family dwellings.
(g) Other Requirements.
(4) Fencing, governed by Section 1125.04.
1127.05 R-3: MULTIPLE RESIDENCE DISTRICT.
(a) Purpose. This district has been established to facilitate single-family, two-family, and the proper location of apartments, row houses, and other housing types of comparable density.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted in the R-3 District. Information regarding required zoning certificates can be found in Chapters 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that are conditionally permitted in the R-3 District. Information regarding the required conditional use permit can be found in Chapters 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(e) Yard Requirements.
(1) Minimum front yard, 30 feet.
(3) Distance between buildings where two or more multiple-family dwellings are located on a single lot or parcel, the minimum distance between main buildings shall be 25 feet.
(f) Building Requirements.
(1) Maximum height. For the main building there is no height limitation except that any building over 35 feet, each of the requirements specified in this Subsection hereof shall be increased by one foot for each three feet by which the height of the building exceeds 35 feet. For accessory buildings the maximum height shall be 15 feet.
(2) Minimum residential floor area per family. The minimum floor area for dwelling units in this district shall conform to the following standards: Multiple-family dwellings shall conform to the following standards: 400 square feet for a no-bedroom unit; 500 square feet for a one-bedroom unit; and 700 square feet for a two- or more bedroom unit.
(3) Maximum percentage of lot to be occupied, 45%.
(g) Other Requirements.
1127.06 B-1: NEIGHBORHOOD BUSINESS DISTRICT.
(a) Purpose. This district has been established to permit the location of retail and service establishments in close proximity to residential districts where appropriate and compatible.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted within the B-1 District. Information regarding the required zoning certificates can be found in Chapter 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that may be conditionally permitted in the B-1 District. Information regarding the required conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area, to be determined by lot, building, yards, and other requirements.
(2) Minimum lot width, none.
(e) Yard Requirements.
(1) Minimum front yard, 30 feet.
(2) Minimum corner side yard, 30 feet.
(3) Minimum side yard, none required except for side yards adjoining residential districts which shall require ten feet. This requirement shall be increased by one-half foot for each foot the structure exceeds 25 feet in height.
(4) Minimum rear yard 20 feet.
(f) Building Requirements.
(1) Maximum height, two and one-half stories, but not to exceed 35 feet for the main building. For accessory buildings, the limit shall be 15 feet.
(2) Maximum floor area ratio, .75 for the building in which the activity is housed.
(g) Other Requirements.
1127.07 B-2: GENERAL BUSINESS DISTRICT.
(a) Purpose. This district has been established to accommodate commercial uses requiring locations on major thoroughfares.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted in the B-2 District. Information regarding required zoning certificates can be found in Chapter 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that are conditionally permitted in the B-2 District. Information regarding the required conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area, to be determined by lot building, yards, and other requirements.
(2) Minimum lot width, none.
(e) Yard Requirements.
(1) Minimum front yard, 30 feet.
(2) Minimum corner side yard, 30 feet.
(3) Minimum side yard, none required except for side yards adjoining residential districts which shall require ten feet. This requirement shall be increased by one-half foot for each foot the structure exceeds 25 feet in height.
(f) Building Requirements.
(1) Maximum height, three stories but not to exceed 45 feet for the main building. Accessory buildings shall not exceed 15 feet.
(2) Maximum floor area ratio, 1.0 for the building in which the activity is housed.
(g) Other Requirements.
1127.071 CORRIDOR BUSINESS OVERLAY DISTRICT
The Corridor Business Overlay District, which may be referred to as the CB-OD, is hereby created as an overlay district to be applied to the following lands:
West Lytle Street (South side) from S. Main St. west to S. County Line St and south to the first east/west alley.
East Lytle Street (North & South sides) from S. Main St. east to State St. and north and south to the first east/west alley.
County Line Street (East side) from South St. north to Beech St.
County Line Street (West side) from W. Tiffin St. north to Perrysburg Rd. (SR199).
Within the City of Fostoria, Counties of Hancock, Seneca and Wood and as depicted on the Land Use Plan map as adopted on November 24, 1998. The CB-OD boundary shall be shown on the Zoning District Map as an overlay, so that the underlying zoning districts will be legible.
(a) Purpose and Intent. The Corridor Business Overlay District is of special and substantial public interest because of its location in an area containing intense business and commercial development. This development generates heavy volumes of vehicle traffic moving in and out of the business sites. It is in the public interest to assure that persons traveling in the defined district are not exposed to undue hazards that arise from the design of the roadway or the land uses that abut it. Recognizing that turning movements contribute significantly to the frequency of traffic accidents, the City of Fostoria has a policy of carefully regulating the number and location of access points to business and commercial development sites along high volume highways.
With the potential redevelopment into more intense land use forms than the existing single and two-family residential pattern the CB-OD is intended to provide the standards and requirements that will help assure that such redevelopment occurs in an orderly fashion, sensitive to the traffic patterns within the district, and protective of the value and utility of abutting property. Where language or standards of the CB-OD are in conflict with the language or standards of the underlying District, the CB-OD shall control.
(b) Uses Permitted. In the CB-OD no building or land shall be used and no building shall be erected except for one or more of the following specified uses:
(1) Retail businesses and service establishments whose principal activity is the sale of merchandise or provision of services in an enclosed building.
(2) Restaurants or other places serving food or beverages.
(3) Office buildings for executive, administrative, professional, accounting, medical, real estate, clerical and sales practices.
(4) Banks, credit unions, savings and loan associations and similar uses.
(5) Private clubs, fraternal organizations and lodge halls.
(6) Theaters, assembly halls, concert halls and similar places of assembly when conducted entirely within enclosed buildings.
(7) Other uses which the City Planning Commission determines to be similar in nature to any of the above permitted uses.
(8) Accessory structures and uses customarily incident to any of the above permitted uses.
(c) Review Procedure.
(1) Prior to issuance of any permit to erect a new structure, or to change the present use of land to a new use, a review of site plans, building plans and elevation shall be conducted by the City Planning Commission. All information required under the City's Site Plan Review process shall be indicated on plans submitted for review.
The Planning Commission may grant:
(A) approval of plans, in which case a Zoning Certificate to construct may be issued,
(B) conditional approval subject to specific modifications, or
(C) denial, the reasons for which shall be set forth in the Commission Minutes.
(2) Reviews conducted under this Section shall be based on:
(A) Consideration of the intent, standards and principles of the CB-OD.
(B) Consideration of the standards of the underlying District.
(C) The objectives and principles of the CB-OD.
(D) The relationship of the proposed new use and/or development to surrounding or otherwise affected property in terms of traffic management on and off site, the preservation of horizontal sight distances, separation of vehicular and pedestrian traffic, signs, lighting and landscaping, and appropriate buffering between incompatible land uses.
(E) Advisory comments received from the respective City Departments and public utilities serving the property.
(F) Such other matters as are deemed appropriate to the circumstances of the case.
(d) Development Standards. In the CB-OD the following development standards shall be considered to be the minimum requirements, whether or not they are the same as in the underlying District:
(1) Highway (County Line and Lytle Streets) Setback
(A) For lots having a depth in excess of three hundred (300) feet, no principal or accessory building shall be located nearer than eighty (80) feet to the right-of-way line of the Highway. Off-street parking spaces and maneuvering lanes shall not be located nearer than ten (10) feet to the Highway right-of-way line.
(B) For lots having a depth of three hundred (330) feet or less, the front setback shall be not less than forty (40) feet. Parking spaces and maneuvering lanes shall be not less than five (5) feet from the right-of-way line.
(C) No display of merchandise for sale shall be permitted in the front yard setback.
(2) Side Yard Setback: No principal or accessory structure shall be erected nearer than thirty (30) feet to the curb line of a service drive that is part of the Redevelopment Area.
(A) Off-street parking spaces and maneuvering shall be at least twenty (20) feet from the curb line of such service drive.
(B) Principal structures shall be placed at least ten (10) feet from any side lot line within the CB-OD.
(3) Rear Yard Setbacks: Principal and accessory structures shall be located at least thirty (30) feet from the curb line of any service drive. Parking spaces and maneuvering lanes shall be at least ten (10) feet from the curb line of any service drive.
(4) Access to the sites shall be from the side streets or rear alleys whenever possible. Highway ingress/egress shall be permitted provided that the drive is located no closer than 150' from the intersecting centerline of existing cross streets.
(5) Height Limitations: Structures, including sign, in the CB-OD shall not exceed thirty (30) feet in height, provided however, the City Planning Commission shall determine the extent to which screening shall be provided by the new use. This screen shall be of sufficient density to obscure the view of the new use on a year-round basis, and shall be of such design and be comprised of such plant materials as the Commission deems satisfactory for that purpose. New uses in the CB-OD shall be responsible for maintaining screening separating the CB-OD from the residential properties.
(6) Exterior Lighting: Exterior lighting in the CB-OD shall be designed so that light is directed onto the property and shielded from adjacent property or any road right-of-way.
1127.08 B-3: CENTRAL BUSINESS DISTRICT.
(a) Purpose. This district has been established to accommodate those commercial, financial, personal, professional, public, and semipublic activities which benefit from the central location and relatively more intensive use of the land area.
(b) Principally Permitted Uses. The following list exemplifies the uses that are principally permitted in the B-3 District. Information regarding required zoning certificates can be found in Chapter 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses that are conditionally permitted in the B-3 District. Information regarding conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area to be determined by lot, building, yard, and other requirements.
(2) Minimum lot width, none.
(e) Yard Requirements.
(1) Minimum front yard, none; however, no door shall be constructed to obstruct pedestrian traffic or project beyond the property line when opened.
(2) Minimum side yard, none required except for side yards adjoining residential districts which shall require ten feet.
(3) Minimum rear yard, 15 feet.
(f) Building Requirements.
(1) Maximum height none.
(2) Minimum floor area ratio for the building in which the activity is housed, 3.0.
(g) Other Requirements.
(4) Fencing, governed by Section 1125.04.
1127.09 M-1: RESTRICTED INDUSTRIAL DISTRICT.
(a) Purpose. This district has been established to accommodate any manufacturing or industrial processing which by the nature of the materials, equipment and process utilized are to a considerable measure clean, quiet, and free of any objectionable or hazardous element.
(b) Principally Permitted Uses. The following list exemplifies the uses principally permitted in the M-1 District. Information regarding the required zoning certificate can be found in Chapter 1107 et. seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses conditionally permitted in the M-1 District. Information regarding the required conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area, to be determined by lot, building, yards, and other requirements.
(2) Minimum lot width, none.
(e) Yard Requirements.
(1) Minimum front yard or corner side yard, 40 feet.
(2) Minimum side yard, 40 feet.
(3) Minimum rear yard, 40 feet.
(f) Building Requirements.
(1) Maximum height. Three stories not to exceed 45 feet for the main building. Accessory buildings shall not exceed 20 feet.
(2) Maximum percentage of lot to be occupied, 45%.
(g) Other Requirements.
(4) Fencing, governed by Section 1125.04.
1127.10 M-2: GENERAL INDUSTRIAL DISTRICT.
(a) Purpose. This district has been established to accommodate manufacturing or industrial processes, which through compliance with all performance requirements, are not objectionable by reason of physical characteristics.
(b) Principally Permitted Uses. The following list exemplifies the uses principally permitted in the M-2 District. Information regarding the required zoning certificate can be found in Chapter 1107 et seq.
SEE USE TABLE
(c) Conditionally Permitted Uses. The following list exemplifies the uses conditionally permitted in the M-2 District. Information regarding the required conditional use permit can be found in Chapter 1107 et seq.
SEE USE TABLE
(d) Lot Requirements.
(1) Minimum lot area, to be determined by lot, building, yard, and other requirements.
(2) Minimum lot width, none.
(e) Yard Requirements.
(1) Minimum front yard or corner side yard, 40 feet.
(2) Minimum side yard, 40 feet.
(3) Minimum rear yard, 40 feet.
(f) Building Requirements.
(1) Maximum height, none.
(2) Maximum percentage of lot covered by main building, none.
(g) Other Requirements.
1127.99 VIOLATION AND PENALTIES.
(a) (1) Whoever violates any provision of this code for which no other penalty is provided is guilty of a minor misdemeanor.
(2) If within one year of the offender has been convicted of, or has pleaded guilty to, one or more violations of a section under this code, the offender may be guilty of a special misdemeanor, punishable by a fine of up to five hundred dollars ($500.00).
A. Each day of noncompliance with the notices and orders of the Zoning Inspector shall constitute a separate offense.
B. Violators shall also be fined the costs incurred for proper disposal of the material collected. In addition to the cost of the disposal there shall be administrative fees charged for work or services performed by the City, the Administrative Fee shall be two hundred and five dollars ($205.00).
(3) Any person who violates a provision of this Code shall be required to pay a Civil Penalty in the amount of Three Hundred Fifty dollars (350.00). If that person complies with the correction order within the time specified in the order, the Civil Penalty shall be reduced to Fifty dollars ($50.00).
(4) When a person is found in violation of a provision of this Code and fails to comply with the correction order within the time specified, a reinspection fee shall be charged for every inspection thereafter. Reinspection of the premises shall be conducted until such time that the property is brought in compliance with the City of Fostoria Codified Ordinances. Whenever reinspection of the premises is conducted by the City and such costs of reinspection have not been included within the administrative costs, the additional cost of reinspection shall be assessed in an amount of seventy five dollars ($75.00).
(5) In the event the person fails to pay a Civil Penalty, reinspection or administrative fee or costs incurred by the City for clean up, repair and/or abatement of the premises within thirty (30) days after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the code official, it may be collected using one or more of the following methods, provided however that the expenses may on be collected once.
A. Such expenses may be certified to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect such expenses.
1129.01 INTENT.
The intent of the planned unit development (PUD) regulations is to permit greater flexibility and consequently, more creative and imaginative design for the development of residential areas than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural scenic qualities of open spaces.
1129.02 CONFLICT.
Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this Zoning Code, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this Zoning Code.
1129.03 PERMITTED USES.
Any use permitted in the R-3 District of this Zoning Code shall be permitted in a PUD. Nonresidential uses shall be permitted upon approval of the Planning Commission.
1129.04 OWNERSHIP REQUIREMENTS.
An application for approval of a PUD may be filed by a person having an interest in the property to be included in the planned unit. The PUD application shall be filed in the name or names of the recorded owner or owners of the property included in the development. However, the applications may be filed by a holder or holders of an equitable interest in the property. The applicant must show evidence of full ownership interest in the land (legal title or the execution of a binding sales agreement) before final approval of his plan. When a joint application is made for a PUD, the project must be in single ownership by the time the final development plan is approved.
1129.05 GENERAL REQUIREMENTS.
(a) Minimum Project Area. Minimum area for a PUD District shall be three contiguous acres. When the PUD proposes a mixture of residential uses with commercial or industrial uses, the Planning Commission may limit the development of not more than 12% of the tract to commercial uses and not more than 10% of the tract to industrial uses.
(b) Relation to Streets. The PUD District shall be so located with respect to major streets and highways or other transportation facilities as to provide direct access to the districts without creating traffic along minor streets in residential neighborhoods outside the District.
(c) Utilities. The PUD District shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations that neither extension nor enlargement of the systems will be required by the City. However, the developer may install utility lines at his expense upon approval of the appropriate agencies.
(d) Common Open Space. A minimum of 20% of the land developed in any PUD shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. Every property developed under the PUD should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. In areas where townhouses are used, there shall be no more than eight townhouse units in any contiguous group.
(e) Disposition of Open Space. The required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the City and retained a common open space for parks, recreation, and related uses. All land dedicated to the City must meet the Planning Commission's requirements as to size, shape, and location. Public utility and similar easements and rights of way for watercourses and other similar channels are not acceptable for common open space dedication to the City unless the land or right of way is usable as a trail or similar purpose and approved by the Planning Commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan.
(f) Minimum Lot Sizes.
(1) Lot area per dwelling unit may be reduced by not more than 40% of the minimum lot area required in Chapter 1127. A diversification of lot sizes is encouraged.
(2) Lot width may be varied to allow for a variety of structural designs. It is also recommended that setbacks be varied.
(g) Height Requirements. For each foot of building height over the maximum height regulations specified in Chapter 1127, the distance between these buildings and the side and rear property line of the PUD project area shall be increased by a one-foot addition to the side and rear yard required in the districts.
1129.06 COMMERCIAL USES.
(a) When PUDs include commercial uses, commercial buildings and establishments shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Planting screens or fences shall be provided on the perimeter of the commercial areas abutting residential areas.
(b) The plan of the project shall provide for the integrated and harmonious design of building, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding noncommercial areas.
(c) All areas designed for further expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the Planning Commission.
1129.07 INDUSTRIAL USES.
(a) PUDs may include industrial uses if it can be shown that the development results in a more desirable use of land.
(b) Industrial uses and parcels shall be developed in park like surroundings utilizing landscaping and existing woodland as buffers to screen lighting, parking area, loading areas or docks, or outdoor storage of raw materials or products. A planned industrial area shall provide for the harmony of buildings and a compact grouping in order to economize in the provision of the utility services as required.
(c) Project side yards of 40 feet and a rear yard of 50 feet shall be required if the project is located adjacent to any residential use. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
1129.08 PRE-APPLICATION MEETING.
The developer shall meet with the Zoning Inspector and Planning Commission prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code and the criteria and standards contained herein, and to familiarize the developer with the regulations of the City.
1129.09 PRELIMINARY DEVELOPMENT PLAN APPLICATION; CONTENTS.
An application for preliminary planned unit development shall be filed with the Zoning Inspector by at least one owner or lessee of property for which the planned unit development is proposed. At a minimum, the application shall contain the following information filed in triplicate.
(a) Name, address, and phone number of the applicant.
(b) Name, address, and phone number of the registered surveyor, registered engineer or urban planner assisting in the preparation of the preliminary development plan.
(c) Legal description of the property.
(d) A vicinity map at a scale approved by the Planning Commission showing property lines, streets, existing and proposed zoning, and such other items as the Planning Commission may require to show the relationship of the PUD to the comprehensive plan and to existing schools and other community facilities and services.
(e) A preliminary development plan at a scale approved by the Commission showing topography at two-foot intervals; location and type of residential, commercial, and industrial land uses; layout, dimensions, and names of existing and proposed streets, rights of way, utility easements, parks, and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone, and natural gas; and such other characteristics as the Planning Commission deems necessary.
(f) Proposed schedule for the development of the site.
(g) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within five years. The application for preliminary PUD shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the planned unit development would be in the public interest and would be consistent with the City's statement of the intent of a PUD of this Zoning Code.
1129.10 PUBLIC HEARING BY THE PLANNING COMMISSION.
Within 30 days after receipt of the preliminary development plan, the Planning Commission shall hold a public hearing. Before holding the public hearing, notice of the hearing shall be given in a newspaper of general circulation of the City, at least 20 days before the date of the hearing. The notice shall set forth the time and place of the public hearing and a general description of the PUD.
1129.11 NOTICE TO PROPERTY OWNERS.
Written notice of the hearing shall be sent to all property owners contiguous to or directly across the street from the area proposed to be included in the PUD at least 20 days before the hearing. The failure to deliver the notice, as provided in Section 1129.10, shall not invalidate any such approval. The notice shall contain the same information as required of notices published in the newspaper.
1129.12 APPROVAL IN PRINCIPLE.
The Planning Commission shall within 30 days after the public hearing review the preliminary development plan to determine if it is consistent with the intent and purpose of this Zoning Code; whether the proposed development advances the general welfare of the community and neighborhood; and whether the benefits, combination of various land uses, and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations. The Commission's approval in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration or parcels, or engineering feasibility. The Planning Commission may seek assistance in making its recommendation from the County or Regional Planning Commission or any other appropriate source.
1129.13 FINAL DEVELOPMENT PLAN.
After approval in principle of the preliminary development plan, the developer shall submit a final development plan to the Planning Commission. The final development plan shall be in general conformance with the preliminary development plan approved in principle. Five copies of the final development plan shall be submitted and may be endorsed by a qualified professional team which should include a licensed architect, registered civil engineer, registered land surveyor, and registered landscape architect.
1129.14 FINAL DEVELOPMENT PLAN APPLICATION; CONTENTS.
An application for approval of the final development plan shall be filed with the Zoning Inspector by at least one owner or lessee of property for which the PUD is proposed. Each application shall be signed by the owner or lessee, attesting to the truth and exactness of all information supplied on the application for final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within five years from the date of issuance of the approval. At a minimum the application shall contain the following information.
(a) A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography, and existing features of the development site including major wooded areas, structures, streets, easements, utility lines, and land uses.
(b) All the information required on the preliminary development plan; the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity; and land use considered suitable for adjacent properties.
(c) A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and landscape; tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated residential population by type of housing; estimated nonresidential population; anticipated timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvements proposed for each unit of the development whenever the applicant proposes an exception from the standard zoning districts or other ordinances governing development.
(d) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, and natural gas installations, waste disposal facilities, street improvements, and nature and extent of earth work required for site preparations and development.
(e) A site plan, showing buildings, various functional use areas, circulation, and their relationship.
(f) Preliminary building plans, including floor plans and exterior elevations.
(g) Landscaping plans.
(h) Deed restrictions, protective covenants, and other legal statements or devices to be used to control use, development, and maintenance of the land, and the improvements thereon, including those areas which are to be commonly owned and maintained.
1129.15 PUBLIC HEARING BY THE PLANNING COMMISSION.
Within 30 days after submission of the final development plan, the Planning Commission may hold a public hearing. If a second public hearing is held, notice shall be given as specified in Section 1129.10.
1129.16 RECOMMENDATION BY THE PLANNING COMMISSION.
The Planning Commission shall within 60 days after receipt of the final development plan recommend to the City Council that the final development plan be approved as presented, approved with supplementary conditions, or disapproved. The Planning Commission shall then transmit all papers constituting the record and the recommendation to the City Council.
1129.17 CRITERIA FOR RECOMMENDATIONS.
(a) Before making its recommendation as required in this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing establish that:
(1) The proposed development can be initiated within five years of the date of approval.
(2) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that the objective will be attained; the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under standard district regulations.
(3) The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD.
(4) Any proposed commercial development can be justified at the locations proposed.
(5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the final development plan, in accord with the PUD and the adopted policy of the Planning Commission and the City Council.
(6) The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(7) The PUD is in general conformance with the comprehensive plan of the city.
(8) The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
(b) The Planning Commission may seek assistance in making its recommendation from the County or Regional Planning Commission or any other appropriate source.
1129.18 ACTION BY CITY COUNCIL.
Within 60 days after receipt of the final recommendation of the Planning Commission, the City Council shall by ordinance either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is either approved or approved with conditions, the City Council shall direct the Zoning Inspector to issue a zoning certificate only in accordance with the approved final development plan and the supplementary conditions attached thereto.
1129.19 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In approving any Planned Unit Development District, the City Council may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of the conditions or safeguards, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this Zoning Code and punishable under this Zoning Code.
1129.20 EXPIRATION AND EXTENSION OF APPROVAL PERIOD.
(a) The approval of a final development plan for a Planned Unit Development District shall be for a period not to exceed five years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within five years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved final development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest.
(b) No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the PUD was granted.
1129.99 VIOLATION AND PENALTIES.
(a) (1) Whoever violates any provision of this code for which no other penalty is provided is guilty of a minor misdemeanor.
(2) If within one year of the offender has been convicted of, or has pleaded guilty to, one or more violations of a section under this code, the offender may be guilty of a special misdemeanor, punishable by a fine of up to five hundred dollars ($500.00).
A. Each day of noncompliance with the notices and orders of the Zoning Inspector shall constitute a separate offense.
B. Violators shall also be fined the costs incurred for proper disposal of the material collected. In addition to the cost of the disposal there shall be administrative fees charged for work or services performed by the City, the Administrative Fee shall be two hundred and five dollars ($205.00).
(3) Any person who violates a provision of this Code shall be required to pay a Civil Penalty in the amount of Three Hundred Fifty dollars (350.00). If that person complies with the correction order within the time specified in the order, the Civil Penalty shall be reduced to Fifty dollars ($50.00).
(4) When a person is found in violation of a provision of this Code and fails to comply with the correction order within the time specified, a reinspection fee shall be charged for every inspection thereafter. Reinspection of the premises shall be conducted until such time that the property is brought in compliance with the City of Fostoria Codified Ordinances. Whenever reinspection of the premises is conducted by the City and such costs of reinspection have not been included within the administrative costs, the additional cost of reinspection shall be assessed in an amount of seventy five dollars ($75.00).
(5) In the event the person fails to pay a Civil Penalty, reinspection or administrative fee or costs incurred by the City for clean up, repair and/or abatement of the premises within thirty (30) days after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the code official, it may be collected using one or more of the following methods, provided however that the expenses may on be collected once.
A. Such expenses may be certified to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect such expenses.
1131.01 GENERAL REQUIREMENTS.
(a) No building or structure shall be erected, altered, or changed in use unless permanently maintained off-street parking and loading facilities have been provided in accordance with the provisions of this Zoning Code.
(b) Whenever a building or structure constructed after the effective date of this Zoning Code is changed or enlarged in floor area, number of employees, number of dwelling units or otherwise creates a need for an increase in the number of existing parking spaces, additional parking spaces shall be provided on the basis of the enlargement or change.
(c) Parking Areas. Plans and designs for parking areas in conjunction with other buildings and structures shall be submitted as part of the application for zoning certificate, conditional use permit, and the like, and approval of the application shall be contingent upon approval of the parking area. The creation or expansion of a parking area, as a separate action, shall require a separate certificate, permit, and the like.
(1) Striping. To facilitate movement and to help maintain an orderly parking arrangement, all parking spaces and aisles must be clearly striped, with a minimum width of 4 inches. The width of the parking stall shall be computed from the centers of the striping. When a parking space is designed for the use of persons with disabilities, it shall be clearly marked and signed.
(2) Paving. The required number of off-street parking and loading spaces together with driveways, aisles and other circulation areas, shall be surfaced with asphalt or concrete pavement or its approved equal so as to provide a durable and dust-free surface. Per the specifications on file in the City Engineer's Office
(3) Drainage. All parking and loading spaces shall provide for proper drainage of surface water to prevent the drainage of the water onto abutting properties. Drainage plans shall be submitted for review to the City Engineer.
(4) Maintenance. The owner of property used for parking or loading areas shall maintain the area in good condition without holes and free of all dust, trash, and other debris.
(5) Lighting. Any parking area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking area shall be so arranged as to reflect the light away from the adjoining properties.
(d) Dimensions. All new or altered off-street parking areas must comply with the following dimensional standards.
Angle | ||||
Dimension (in Feet) | 45 | 60 | 75 | 90 |
A. Stall Depth to Wall | 17 | 18.5 | 19 | 18 |
B. Stall Depth Parallel to Vehicle | 18 | 18 | 18 | 18 |
C. Aisle Width | 12 | 16 | 22 | 25 |
D. Stall Depth to Interlock | 15 | 17 | 18 | 18 |
E. Stall Depth Reduction due to interlock | 2 | 1.5 | 1 | 0 |
F. Stall Width (Parallel to Aisle) | 12.7 | 10.4 | 9.3 | 9 |
G. Stall Width Perpendicular to Vehicle | 9 | 9 | 9 | 9 |
H. Module Width Wall to Wall | 46 | 54 | 60 | 61 |
I. Module Width Interlock to Interlock | 42 | 51 | 58 | 61 |
Table Notes:
(1) For bumper overhang deduct 1.5 feet from stall depth to wall or 3 feet from wall to wall for 45° and 60° parking. Deduct 2 feet from stall depth to wall or 4 feet from wall to wall 75° and 90° parking.
(2) Where natural and/or man-made obstacles, obstructions or other features such as but not limited to landscaping, support columns or grade difference exist, the Zoning Inspector may approve a reduction in stall width, stall length and/or module width. In all instances where a reduction is requested attention to emergency vehicle access must be considered and incorporated into the parking lot design.
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(f) Location of Parking Spaces. Parking spaces for all detached residential uses shall be located on the same lot as the use which it is intended to serve. Parking spaces for commercial, industrial, or institutional uses shall be located not more than 700 feet from the principal use. Parking spaces for apartments, dormitories, or similar residential uses shall be located not more than 300 feet from the principal use.
(g) Screening or Landscaping. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed fence, wall, or planting screen. The fence, wall, or planting screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition. The space between such fence, wall, or planting screen and the lot line of the adjoining property in any residential district shall be landscaped with grass, hardy shrubs, or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of a fence, wall, or planting screen will not serve the intended purpose, then no fence, wall, or planting screen shall be required. Landscaping of an area shall be considered acceptable upon written approval from adjoining property owners, and a copy filed with the application for a zoning certificate.
(h) Minimum Distance and Setbacks.
(1) No part of any parking area for more than five vehicles shall be closer than ten feet to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot, unless separated by an acceptable designed screen.
(2) (EDITOR'S NOTE: Former subsection (h)(2) was repealed by Ordinance 2005-151, passed December 20, 2005.)
(3) Whenever a parking area extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line.
(i) Access. Access driveways for parking areas and loading spaces shall be located in such a way that any vehicle entering or leaving the area shall be clearly visible for a distance as specified in Section 1125.12
to any pedestrian or motorist approaching the access or driveway from a public or private street. The entrances and exits to the parking area shall be clearly marked. Interior vehicular circulation by way of access drives shall maintain the following minimum requirements.
(1) For one-way traffic, 45º parking 15 feet, 60º parking 18 feet.
(2) For two-way traffic, a minimum width of twenty-four feet.
(3) Parking areas having more than one access driveway shall have directional signs for one-way traffic.
(4) Access driveways and aisle ways used as fire access shall be twenty-six feet wide.
(j) Residential Parking and Driveways. Parking spaces for all detached residential uses shall be located in the same lot as the use which they intend to serve.
(1) Driveways in residential districts shall be at least two feet from the property line. Driveways shall be made of asphalt, concrete, stone, or gravel. Those driveways made of stone or gravel shall have borders that contain the driveway material. All driveways are per the current specifications on file in the engineers office. All new driveways must be complete within 1 year of the permit being issued.
(2) Parking areas in street rights of way must also be made of asphalt, concrete, stone, or gravel and require the approval of the City Planning Commission.
(3) Driveways shall not be more than eighteen feet in width at the curb. There is no restriction on the width of the approach at the garage end of the driveway.
(4) Driveways must meet the current requirements and specs per the City Engineer.
(5) No off-street parking at any property that is used for residential purposes shall be located within the required front, side, or rear yard, except within a maintained driveway located in the district pursuant to this section.
Exception: If a vehicle is parked in the front, side, or rear yard temporarily for the purpose of loading and unloading. The vehicle then must be moved immediately after all loading or unloading is complete.
(6) The total of all accessory buildings may not occupy more than 30 percent of the total rear yard. The total coverage of driveways, open air parking, detached garages and carports may not occupy more than 50 percent of the total rear yard.
1131.02 LANDSCAPING FOR OFF-STREET PARKING LOTS.
(a) The regulations of this Chapter apply to all new development and redevelopment plans approved after the adoption of this code, including those that include construction of any principal building, redevelopment and rehabilitation that results in an increase in a principal building's floor area or building footprint, any increase in size of an off-street parking area, and any change in use that changes the treatment of the premises under this Chapter.
(b) The objectives of this section are to improve the appearance of off- street vehicular parking lots as well as to moderate the micro-climate of parking lots and provide some acoustical control to reduce noise. Landscaping of parking lots will tend to reduce local wind velocity and make parking lots more tolerable in winter as well.
(c) All unenclosed, surfaced parking lots of a minimum of ten off-street parking spaces, shall provide one shade tree for every ten spaces, or fraction thereof in an arrangement to shade the maximum number of spaces possible. Such tree shall be any kind of large spreading tree, except those deciduous trees prohibited by D-166 (12-7-82) of the Code of Ordinances, with a minimum caliper of one and three-quarters inches at the time of planting. The shade trees shall be planted so that the vehicles face the trees, and the shade trees may be on the perimeter of the parking area(s). However, this subsection shall not be interpreted to prohibit backing into parking spaces.
(d) For commercial uses, an island shall be provided, and the required trees planted therein, between facing strips of parking spaces as follows:
(1) 0-19 spaces: No island required.
(2) 20-99 spaces: An island with a minimum width of ten feet.
(3) 100+ spaces: An island with a minimum width of ten feet for every two rows, or portion thereof, of facing parking spaces.
If, due to site size or geometrics in parking lots of twenty spaces or more, the parking spaces are not in facing rows, one shade tree shall be planted for every five parking spaces, and the shade trees shall be planted on the perimeter of the parking lot so that the vehicles face the shade trees.
(e) The required island area shall be curbed to a minimum height of six inches and be protected from adjacent parking. The required island(s) shall not impair visibility within the parking lot. All planted and landscaped areas shall be properly maintained and shall provide for identification during snow removal operations. Shade trees are to be live. Artificial shade trees are not acceptable. Any required shade tree which dies must be replaced by the next planting season.
(f) Zoning Permits and Certificates of Use and Occupancy
(1) Zoning Permits . Where landscaping is required, no zoning permit will be approved until the required landscaping plan has been submitted, approved, and bonded or otherwise assured.
(2) Use and Occupancy. All required trees, plants, groundcover, screening materials landscape material and irrigation improvements must be in place prior to Use and Occupancy unless an extension is approved by the Zoning Inspector secured either by the execution of a deferred completion agreement, the posting of full cash bond, or the posting of an irrevocable letter of credit from a banking institution with offices in Seneca, Hancock or Wood Counties as a financial security. In no case must such a deferred completion agreement be extended for a period exceeding 180 days.
A. If landscape and screening has not been installed in compliance with the applicable standards of this Chapter within 180 days, the Zoning Inspector shall authorize use of the funds or financial security to acquire and install required landscaping and screening.
B. When landscaping and screening has been installed in compliance with the applicable standards of this Chapter, the funds or financial security shall be returned to the developer or approved developer-authorized beneficiary.
1131.03A PARKING SPACE REQUIREMENTS.
For the purpose of this Zoning Code, the following parking space requirements shall apply.
4 for each alley lane plus 1 per 200 sq ft of area used for restaurant, cocktail lounge, or similar use | |
Adult Bookstore | 1 per 100 Square Feet |
Adult Cabaret | 1 per 100 Square Feet |
Adult Day Care Facilities | 1 space in addition to requirement for dwelling |
Adult Family Home | 1 space in addition to requirement for dwelling |
Adult Group Home | 1 per 2 employees |
Adult Motion Picture Theater | 1 per 100 Square Feet |
Adult-Only Entertainment Establishment | 1 per 100 Square Feet |
Agriculture | None |
Airport | None |
Amusement Arcades | 1 per 150 Square Feet |
Automobile Car Wash | 1 per 2 employees |
Automobile Sales | 1 per 5000 sq ft of open sales area, plus 1 per 500 sq ft of enclosed sales area, plus 1.5 per service bay |
Automotive or Metal Salvage & Wrecking | 1 per acre |
Automotive Repair | 1.5 per service bay plus 1 per employee |
Bank & Financial Intuitions | 1 per 400 square feet |
Bed and Breakfast | .5 per sleeping room |
Business Services | |
Business, General | 1 per 3 employees plus 1 per 75 sq ft of customer area |
Business, Wholesale | 1 per vehicle used in business, plus 1 per 400 square feet |
Cemeteries | |
Church | 1 per 6 seats or 1 per 100 feet of seating area, whichever is greater |
Civic Assembly | 1 per 250 square feet |
Clinic | 1 per 200 square feet |
Clubs | 1 per 5 seats (capacity) in the main room |
College or University | 1 per 3 students |
Commercial Storage | 4 plus 1 per 250 Square Feet |
Contractors Office | 1 per 500 square feet of building |
Contractors Yard | |
Convenience Store | |
Day Care - Family | 1 space in addition to requirement for dwelling |
Day Care - Group | 1 per 6 person - capacity or 1 per 400 square feet, whichever is greater |
Drive - In Commercial Uses | 1 per 15 square feet devoted to patron use (minimum of 5 spaces) |
Drive - Through Commercial Uses | 1 per 3 employees plus 1 per 75 sq ft of customer area * See additional notes below table |
Drug & Alcohol Treatment Center, Non Residential | 1 per 300 square feet |
Elementary and Middle School | 1per faculty member plus 1 per 3 staff members plus 1 space per 50 students for student drop-off and pick-up |
Food Processing | per schedule C (1131.03C) |
Garage, Public | None |
Garage, Service Station | 1.5 per service bay plus, 1 per 2 employees |
Grain & Feed Dealers | |
Grain Elevator | |
Health Club | 1 per 150 square feet |
High School | 1 per 10 students, plus 1 per faculty member, plus 1 per 3 staff members, plus 1 space per 50 students for student drop-off and pick-up. |
Home Occupation | 1 space in addition to requirement for dwelling |
Hospital | 1 per 4 beds |
Hotel | 1 per each sleeping accommodation plus, one for every 2 employees |
Institution (Halfway House) | 1 per 2 employees |
Junk Yard | per schedule C (1131.03C) |
Kennel | per schedule B (1131.03B) |
Laundromat | 1 per 2 washing machines |
Library or Cultural Exhibit | 1 per 1000 Square Feet |
Maintenance & Storage Facilities | per schedule C (1131.03C) |
Manufacturing or Industrial Processes | per schedule C (1131.03C) |
Miniature Golf Course | 1 per 500 square feet of activity area |
Monument Works & Sales | Per schedule B (1131.03B) |
Mortuaries | 1 per 200 square feet |
Nursery, Plant Material | |
Nursing Home | 1 per 4 residents |
Oil and Gas Wells | |
Other Entertainment Facilities | 1 per 80 Square Feet of Floor Area |
Parking Facilities | none |
Personal Services | Per schedule B (1131.03B) |
Petroleum Refineries & Storage. | |
Plant Cultivation | |
Postal Service | |
Printing & Publishing Activities | |
Professional Activities | 1 per 300 square feet |
Public Safety / Utilities and Services | |
Railroad Yards | |
Real Estate, Insurance Office | 1 per 400 square feet |
Recreational Camp | 1 per 500 square feet of activity area |
Recreational Facilities - Non-restricted | 1 per 500 square feet of activity area |
Residential Condominiums | 2 per dwelling unit |
Residential Duplex Condominium | 2 per dwelling unit |
Residential Multiple Family | 2 per dwelling unit |
Residential Single Family | 2 per dwelling unit |
Residential Two Family | 2 per dwelling unit |
Restaurant | 1 per 3 employees, plus 1 per 75 square feet of customer area |
Skating Rink / Dance Hall | 1 per 150 Square Feet of floor area used for the activity |
Salon | 1 per 100 Square Feet |
Sand Gravel Extraction | |
School - Commercial, Business, or Technical | 1 per 3 students |
Semi - Public Uses | 1 per 300 square feet |
Small Engine Repair & Sales | |
Storage Lot | |
Supply Yards | |
Swimming Pool | 1 per 5 persons of the pool's capacity |
Theater / Auditorium / Stadium | 1 per 4 seats |
Tow Lot | 1 per 2 employees |
Trucking Facilities | 1 per 2 employees plus one per vehicle used in the operation of the business |
Veterinary Clinic or Hospital | 1 per 300 square feet |
Warehousing | per schedule C (1131.03C) |
Wireless Telecommunications Equipment Shelter | None |
Wireless Telecommunications Facility | None |
Wireless Telecommunications Tower | None |
1131.03B OFF-STREET PARKING SCHEDULE "B" ADDITIONAL COMMERCIAL STANDARDS.
Off-Street parking spaces for Schedule B uses must be provided in accordance with the following standards. This schedule is to be read cumulatively using each increment. For example, to determine the total required spaces for a 100,000 square foot building calculate the number of spaces required for the first 50000 square feet at 1 per 300 square feet (167 spaces) and for the next 50,000 square feet at 1 per 375 square feet (134 spaces) for a total of 301 parking spaces.
1131.03C OFF-STREET PARKING SCHEDULE "C" ADDITIONAL INDUSTRIAL STANDARDS.
Off-street parking spaces for Schedule C uses must be provided in accordance with the following standards. This schedule is to be read cumulatively using each increment.
Floor Area (Sq. Ft.) | Off-Street Parking Required | ||
Warehousing Floor Area | Manufacturing or Other Floor Area | ||
1 - 20,000 | 1 per vehicle used in the business+ | 1 per 1,000 square feet+ | 1 per 750 square feet |
20,001 - 120,000 | 1 per 5,000 square feet+ | 1 per 1,500 square feet | |
120,001 + | 1 per 10,000 square feet+ | 1 per 3,000 square feet | |
1131.03D OFF-STREET PARKING SCHEDULE "D".
Schedule D uses have widely varying parking demand characteristics, making it impossible to specify a single off-street parking standard.
(a) Upon receiving a development application for a use subject to "Schedule D" standards, the Planning Commission must apply to off-street parking standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking study prepared by the applicant.
(b) The study must include estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable estimates as approved by the City Engineer and include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type or activity, and location. The study must document the source of data used to develop the recommendations.
1131.03E VEHICLE STACKING AREAS.
The vehicle stacking standards of this subsection apply unless otherwise expressly approved by the City Engineer.
Minimum Number of Spaces
Off-Street stacking spaces must be provided as follows, in consultation with the City Engineer.
Activity Type | Minimum Number of Stacking Spaces | Measured to Right-of- Way Line From |
Bank teller lane | 4 | Teller or Window |
Automated teller machine | 3 | Teller |
Pharmacies | 4 | Window |
Restaurant drive-through | 7 | Order Box |
Car wash stall, automatic | 10 | Entrance |
Car wash stall, self service | 3 | Entrance |
Gasoline pump island | 1 | Pump Island |
Other | Determined by City Engineer based on Traffic Study | |
Design and Layout Required stacking spaces are subject to the following design and layout standards.
A. Size Stacking spaces must be a minimum of 10 feet by 20 feet in size.
B. Location and Design Stacking spaces may not be located in the street right- of - way and must be located and designed to ensure safe and efficient movement of pedestrians and vehicles. Designated pedestrian walkways that cross vehicle stacking lanes must be clearly marked though the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt. Raised walkways may be installed if elevated 6 inches with tapered sides and meet ADA standards. Stacking spaces must be separated from other internal walkways or driveways by raised medians if the City Engineer determines that such improvements are necessary for traffic movement and pedestrian safety.
1131.04 GENERAL INTERPRETATIONS.
(a) Where the parking requirements for a use are not specifically defined herein, or a use is not mentioned, the parking requirements for such use shall be based upon the requirements for the most comparable use specified herein.
(b) For the purpose of this Zoning Code, the number of employees shall be the maximum number of persons to be employed taking into consideration day, night, and seasonal variations.
(c) For the purpose of computing the number of parking spaces required, floor area shall mean the sum of the horizontal area of every floor of a specified use, excluding stairs, washrooms, elevator shafts, maintenance rooms, storage spaces, display windows, fitting rooms, and similar uses. All dimensions shall be measured between interior faces of walls for determining off-street parking requirements.
(d) When seating consists of benches, pews or other similar seating facilities, each 20 linear inches of seating space counts as on seat.
(e) When computing the required number of parking spaces, all fractional spaces shall be rounded to the next highest number.
(f) When any land or building is used for two or more purposes, the number of parking spaces required shall be 80% of the sum of the requirements for the various individual uses, computed separately in accordance with this Zoning Code.
(g) Required off-street parking and loading areas are to be used solely for loading, unloading, and the parking of licensed, motor vehicles in operating condition. Required spaces may not be used for outdoor display of goods for sale or lease or for long-term storage of vehicles, boats, motor homes, campers, mobile homes, or building materials.
1131.05 JOINT USAGE OF PARKING AREAS.
(a) Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operations do not overlap.
(b) Where the spaces are collectively or jointly provided and used, a written agreement assuring their retention for the purposes, shall be properly drawn and executed by the parties concerned and shall be filed with the application for a zoning certificate, conditional use permit, and the like. The agreement is subject to approval by the Zoning Inspector. Any determination of the number of spaces to be shared shall consider the number of spaces available, days of operation, and peak hours.
1131.06 GENERAL REQUIREMENTS; LOADING.
Plans and designs for loading areas shall be submitted as part of the application for zoning certificate, conditional use permit, and the like, and approval of the application shall be contingent upon approval of the loading area plan and design.
(a) Plan and Design Standards. One off-street loading space shall be provided and maintained on the same lot for every separate occupancy requiring delivery of goods.
(1) One loading space for each 10,000 square feet of gross floor area up to 20,000 square feet shall be provided. One additional loading space shall be provided for every additional 20,000 square feet of gross floor area of the building or structure.
(2) Each required loading space shall measure no less than ten feet by 30 feet and shall have a 15-foot height clearance.
(3) Access to truck loading and unloading space shall be provided in such a manner that it will not interfere with public convenience and will permit the safe and orderly movement of vehicles. As part of the site plan it will be required of the developer to supply a traffic plan showing that the delivery trucks will have adequate room to gain access to the loading spaces without going onto adjoining properties or over sidewalks and tree lawn areas.
(b) Loading Space. Loading spaces are required under this division and shall not be considered as supplying off-street parking space required by this Zoning Code. Loading space shall be provided as area in addition to off-street parking spaces.
1133.01 PURPOSE.
The purpose of this Chapter is to provide standards for signs to safeguard life, health, property, safety, and public welfare, while encouraging creativity, variety and compatibility, and enhancement of the City's image. Signs shall be regulated relative to time, place, and manner. The individual user's right to convey a message must be balanced with the public's right to be free of signs which unreasonably distract drivers and pedestrians. This Chapter is based on the premise that signs are subject to control as much as noise, odor, debris, and other similar characteristics of land use, and that if not regulated, can become a nuisance to adjacent properties or the community in general, or depreciate the value of other properties within the community. The provisions of this Chapter are intended to:
(a) Encourage creative and well-designed signs that contribute in a positive way to the City's visual environment, express local character, and help develop a distinctive image for the City;
(b) Encourage signs that are responsive to the aesthetics and character of their particular location, adjacent buildings and uses, and the surrounding neighborhood. Signs should be compatible and integrated with the building's architectural design and with other signs on the property;
(c) Prevent or limit traffic or pedestrian accidents, injuries, deaths, and property damages resulting from obstructed vision, distraction, or confusion to the public due to the undue proliferation of signs;
(d) Encourage a healthful economic and business environment in the community;
(e) Limit the height and size of signs to those that are appropriate in scale to the community; and,
(f) Provide adequate way finding signage for motorists and pedestrians.
(g) Reduce visual clutter.
(h) Minimize the risk of damage and injuries from signs that are structurally unsafe.
(i) Prevent blight characterized by oversized, overcrowded, abandoned, obsolete, and/or dilapidated signs.
(j) Protect the public's right to receive information protected by the First Amendment of the United States Constitution
1133.02 APPLICABILITY.
(a) Generally. Except as otherwise provided in this Section, all signs placed, erected, installed, painted, modified or altered in Fostoria shall conform to the standards set forth in this Chapter and shall require permits in accordance with Section 1107.01 of this Chapter. Erection, modification, alteration, placement, replacement or other action involving a sign that is in any way inconsistent with this Chapter 1133 shall be a violation of the Zoning Code and subject to penalties and remedies set forth in Chapter 1107 of the Codified Ordinances.
(b) Sign Standards. The sign standards provided in this Chapter are intended to apply to signs in each zoning district in the City. Only signs authorized by this Chapter shall be allowed.
(c) Existing Signs; Continuance. Except as otherwise specifically provided, nothing in this Chapter shall require removal or discontinuance of an existing on-premises or existing off- premises sign. No existing signs shall be enlarged or extended without a Sign Permit. Such nonconforming signs shall not be enlarged or extended and these signs shall be deemed a nonconforming sign under the terms of the Zoning Code.
(d) Nonconforming Signs.
(1) Any legal nonconforming sign, as defined in Section 1133.03(26), may be continued in use if maintained in accordance with this sub-section. Temporary signs shall not be considered legal, non-conforming signs.
(2) All pre-existing illegal nonconforming signs must be removed in accordance with this sub-section. The Zoning Inspector shall issue an order for the sign to be removed within fifteen (15) days. The cost of removal will be assessed to the property owner. If the property owner refuses to pay for removal of the sign, the cost of such removal shall be assessed to the property owner's tax records.
(3) Any nonconforming sign displayed on the premises shall be removed or brought into conformance with the provision of this Chapter before a permit for a new sign may be issued.
(4) A legal nonconforming sign shall immediately lose its legal nonconforming designation and shall be immediately brought into compliance with this Chapter and a new permit is required, or shall be removed upon any of the following occurrences:
A. The nonconforming sign is structurally altered, enlarged, relocated, or replaced.
B. The nonconforming sign is determined by the Zoning Inspector to be in a dangerous or defective condition; to fail to conform to health and fire codes; a public nuisance; or abandoned, deteriorated; or in need of repair or replacement.
C. The nonconforming sign face and/or supportive structure is destroyed or damaged in excess of fifty percent (50%) of the combined replacement value or area of the sign and supportive structure, by any cause.
D. Upon the discontinuance of the present use of property for which the sign was intended for a period of more than nine (9) months.
(5) A nonconforming sign shall not be moved in whole or in part to any other location unless such sign is made to conform to this Chapter. If an owner is forced to move a nonconforming sign by City, state, or federal officials for any reason other than enforcement, such sign shall maintain its nonconforming status, but must still adhere to the setback requirements.
(6) Nothing in this section shall prevent the ordinary repair, maintenance, and non-structural alteration of nonconforming signs. Maintaining the nonconforming sign to the exact legal nonconforming design shall be allowed; however, any proposed changes to a nonconforming sign, except for re-facing an existing sign, shall require that the sign be made to conform to the requirements of this Chapter. Re-facing an existing nonconforming sign shall not be considered an alteration as long as the re-facing constitutes an exact replica of the existing sign face. The design, color scheme, translucency, graphics and text must exactly match those existing. No structural alterations shall be made in, to, or upon such nonconforming sign, except those required by law to make the sign conform to the requirements of this Chapter.
(7) Nonconforming signs are also subject to the provisions of Chapter 1137 in addition to this Chapter.
1133.03 DEFINITIONS.
The following are definitions of specialized terms and phrases used in this Chapter and not previously defined in Chapter 1106. The definitions are organized in alphabetical order.
(1) "Abandoned sign" means any sign that advertises a business, leaser, owner, product, service or activity that is no longer located on the premises where the sign is displayed.
(2) "Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
(3) "Animated or moving sign" means a sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
(4) "Awnings and canopies" means roof-like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements.
(5) "Awning sign" means any sign copy or logo attached to or painted on an awning/canopy.
(6) "Banner or pennant" means any non-rigid cloth, canvas, bunting, plastic, paper, or similar material that is mounted to any structure, staff, pole, line, or framing by a string, rope, wire, or frame at one or more edges. Such signs are typically related to a public demonstration or for the promotion of civic, welfare or charitable enterprises. National, State or City flags and the official flag of any institution or business shall not be considered a banner or pennant.
(7) "Blade sign" means a small, pedestrian-oriented sign mounted so that the sign face is perpendicular to the face of the building. A blade sign may be hung beneath a canopy or awning.
(8) "Building frontage, primary" means that portion of the building frontage that faces the street. In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage. A single multi-tenant building has one primary frontage, the allowable sign area for which may be distributed at the discretion of the owner; however, in no event shall the combined sign area for all tenants exceed the allowable sign area for the building.
BUILDING FRONTAGE PRIMARY BUSINESS FRONTAGE
(9) "Changeable copy sign" means a sign which displays words, lines, logos, or symbols that can change to provide different information. Changeable copy signs include computer signs, reader boards with changeable letters, and time and temperature signs.
(10) "Channel letters" means three-dimensional individually cut letters or figures whether or not illuminated, affixed to a structure.
(11) "Copy" means words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
(12) "Double-faced sign" means a sign constructed to display its message on the outer surfaces of two (2) identical and opposite parallel planes.
(13) "Edge of roof" means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three (3) feet above the roof deck, whichever is less.
(14) "Electronic reader board sign or electronic graphics sign" means a sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means.
(15) "External illumination" means the lighting of an object from a light source located a distance from the object.
(16) "Foot-candle (FC)" means a quantitative unit measuring the amount of light (illumination) falling onto a given point. One foot-candle equals one lumen per square foot.
(17) "Flashing sign" means a sign that contains an intermittent or sequential flashing light source.
(18) "Freestanding sign" means any sign not affixed to a building. Freestanding signs may be permanent or temporary.
(19) "Gasoline pump sign" means a temporary sign affixed to a gasoline pump. The sign may be affixed to the top or side of the pump itself or to the structure surrounding the pump. The signage may also be attached to the gasoline hose.
(20) "Inflatable device" means an object that is blown up with air or gas.
(21) "Internally illuminated sign" means a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
(22) "Joint identification sign" means a sign which serves as a common or collective identification for two or more uses located within the same building, or which share a common wall, or for two or more buildings located within a jointly used area, provided the buildings are in close proximity to one another.
(23) "Monument sign" means a permanent, freestanding sign where the entire bottom of the sign is affixed to the ground, not to a building.
(24) "Multiple tenant building" means a development consisting of two or more separate uses or tenancies that share either the same parcel or structure and use common access and parking facilities.
(25) "Neon sign" means a glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
(26) "Nonconforming sign" means any sign lawfully erected and maintained prior to the effective date of this Chapter, constructed in conformance with the ordinances and other applicable laws in effect on the date of its construction, but by reason of its size, height, location, design, or construction is no longer in conformance with the regulations of this Chapter.
(27) "Nonresidential district" means any of the following zoning districts: Special District (S-1), Neighborhood Business District (B-1), General Business District (B-2), Corridor Business Overlay District, Central Business District (B-3), Restricted Industrial (M-1), General Industrial (M-2), and non-residential areas of a Planned Unit Development District (PUD).
(28) "Off-premise sign" means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the lot or premises on which the sign is located.
(29) "On-premise sign" means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered on the lot or premises on which the sign is located.
(30) "Permanent sign" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
(31) "Pole sign" means a sign mounted on a free-standing pole or other supports so that the bottom edge of the sign face is nine feet or more above finished grade.
(32) "Portable sign" means a sign that is not affixed to a structure or the ground (e.g., A-frame or sandwich board sign). A portable sign shall be considered a temporary, freestanding sign for purposes of this Chapter.
(33) "Portable changeable copy sign" means a sign that is not affixed to a structure or the ground and displays words, lines, logos, or symbols that can change to provide different information. (e.g., daisy signs, and trailer signs)
(34) "Projecting sign" means a sign that protrudes in a V-shape from the top of the ground floor over the sidewalk, like a traditional theater marquee.
(35) "Residential district" means any of the following zoning districts: Low Density Residential District (R-1), Medium Density Residential District (R-2), Multiple Residence District (R-3) and residential areas of a Planned Unit Development District (PUD).
(36) "Roof sign" means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of building with a flat roof, the eave line of a building with gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
(37) "Sign" means an object, device display or structure, or part thereof, situated outdoors or indoors, which is used to identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination, or projected image. Unless otherwise noted, the term "sign" includes both on-premises and off-premises signs.
(38) "Sign area" means the entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed.
(39) "Sign height" means the vertical distance from the uppermost point of the sign to the finished grade immediately below the base of the sign, including all base and/or other mounting material.
(40) "Temporary sign" means any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property. Examples of temporary signage include banners, portable signs, gasoline pump signs, and political signs.
(41) "Three-dimensional signs" means signs that have a depth or relief on their surface greater than six inches.
(42) "Vehicle sign" means a sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
(43) "Wall sign" means a sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
(44) "Window area" means the area shall be computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six (6) inches apart.
(45) "Window sign" means a sign (temporary or permanent), poster, symbol, numerals, or letters, posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within three feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.
1133.04 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS.
(a) Signs in Public Rights-of-Way. Except as provided, no sign shall be placed or deposited within any public right-of-way or on any tree, pole, post, meter, or similar object located within the public right-of-way. Under no circumstance may any signs that are permitted in the right-of-way interfere with vehicular or pedestrian visibility. Signs interfering with visibility will be removed.
(1) The following signs may be installed in the public rights-of-way without a Sign Permit:
A. Signs conforming to the Manual of Uniform Traffic Control Devices;
B. Signs required by a state or federal statute;
C. Signs required by an order of a court of competent jurisdiction;
D. Public directional and safety signs.
(2) Blade signs attached to a building may project a maximum of forty inches over a public right-of-way provided the lowest part of the sign is at least eight feet but no more than fifteen feet above the pedestrian thoroughfare and provided said sign has received a Sign Permit from the Zoning Inspector.
(b) Measurement of Sign Area.
(1) The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles.
(2) Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.
(3) Double-faced (back-to-back) signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed two (2) feet at any point. Only one face of an identical double-faced sign shall be measured when determining maximum allowable area.
(4) Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.
(5) Regardless of their spacing, the letters forming a word or name shall be considered a single sign. The area of such a sign shall be measured as provided in this Chapter.
(c) Measurement of Sign Height. The height of a sign shall be computed as the distance from the base of the sign at a computed grade to the top of the highest attached component of the sign (including the sign face, sign structure, or any other appurtenance). The computed grade shall be the elevation of the nearest point to the proposed sign location of the crown of the nearest public street providing access; or the grade of the land at the principal entrance to the principal structure on the lot, whichever is higher.
(d) Alterations. No sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this Chapter. The repainting of signs shall not be deemed to be an alteration within the meaning of this Chapter.
(e) Sign Maintenance. Signs and supporting hardware shall be structurally safe, clean, free of visible defects, and functioning properly at all times. Visible rot or rust, exposed lighting sources or wires, falling parts, or broken and missing parts are prima fascia evidence that a sign is in a state of disrepair. Repairs to signs shall be equal to or better in quality of materials and design than the original sign.
(f) Notice to Repair. When the Zoning Inspector determines that such a sign exists in a state of disrepair, the Zoning Inspector shall issue to the owner of the sign and the owner of the real estate a notice of such disrepair and the need for corrective action. Any party receiving such notice may appeal the notice to the Board of Zoning Appeals in accordance with Section 1133.13. If such an appeal is not filed within twenty (20) days of the date on which the notice is sent, persons receiving the notice shall be responsible for repairing the sign or otherwise bringing it into conformance with this Chapter. The repair work shall be accomplished within thirty (30) days of the date of the notice, unless the person undertaking the work files a request with the Zoning Inspector for an extension. If such request shows diligence and good faith such as ordering materials or signing a contract with a licensed contractor, the Zoning Inspector shall grant an extension of not more than thirty days for completion of the work. If an appeal is filed in accordance with Section 1133.13, the time for performance shall be delayed until resolution of the appeal. If the Zoning Inspector finds that the lack of repair constitutes a danger to persons or to property other than that of those persons receiving the notice, the Zoning Inspector shall so state in the notice and the City may seek immediate relief under the laws of public nuisance.
(g) Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.
(h) Sign Attachment and Support. No sign shall be attached to or supported by a tree, utility pole, light pole, trash receptacle, bench, vending machine, gasoline pump or hose, or public shelter, nor shall such sign be painted or drawn upon rocks or other natural features.
(i) Changeable Copy Signs. Manual changeable copy signs shall be permitted on permanent freestanding signs only. Manual copy signs shall comprise no more than twenty percent (20%) of the total area of the sign per side or ten (10) square feet per side, whichever is more restrictive. The changeable copy portion of the sign will contribute toward the maximum sign area.
1133.05 PERMANENT SIGNS.
(a) Residential Districts. Permanent signs in residential districts shall conform to the following standards as well as the other applicable standards of the Codified Ordinances:
(1) Number. No more than one (1) such sign may be located on a lot.
(2) Type. Unless otherwise stated, wall signs are the only types of signs permitted.
(3) Off-premises signs. Off-premises signs are prohibited.
(4) Maximum area and height. Signs may not exceed four (4) square feet in area or be more than two (2) feet in height.
(5) Illumination. Signs shall not be separately illuminated. This standard is not intended to prohibit the installation of such a sign near a porch light or yard light, which may incidentally illuminate the sign.
(b) Non-residential Districts. Permanent signs in non-residential districts shall conform to the following standards and all other applicable standards of the Codified Ordinances:
(1) Number.
A. Wall signs. No more than one (1) wall sign shall be permitted. A secondary wall sign no more than 75 percent of the size of the primary wall sign shall be permitted if the property fronts two (2) or more public streets. No more than one (1) secondary wall sign shall be permitted. Blade and awning and canopy signs shall be considered wall signs.
B. Freestanding signs. No more than one (1) sign shall be permitted per site.
C. Joint identification signs. No more than one (1) sign shall be permitted. A secondary joint identification sign shall be permitted if the property fronts two (2) or more public streets and is located on a lot more than two (2) acres. No more than one (1) secondary joint identification sign shall be permitted per development.
D. Pole sign. No more than one (1) sign shall be permitted. No part of any pole sign shall be located closer than the street right-of-way or public property. The sign shall be limited to an area of sixty (60) square feet. A minimum vertical height of nine (9) feet above finished grade. The post shall not have a diameter greater than twelve (12) inches.
(3) Maximum area and height.
A. Wall signs. The total area shall not exceed one (1) square foot per one (1) lineal foot of the length of the wall on which the sign is to be attached or one hundred and forty-four (144) square feet, whichever is most restrictive. The maximum height permitted shall be twelve (12) feet.
B. Freestanding signs. The total area shall not exceed thirty two (32) square feet or six (6) feet in height.
C. Joint identification signs. On lots less than ten (10) acres, primary joint identification signs may not exceed sixty-four (64) feet in area or be more than six (6) feet in height. Secondary joint identification signs shall not exceed forty-eight (48) square feet in area or be more than four (4) feet in height. On lots ten (10) acres or greater primary joint identification signs may not exceed one hundred (100) square feet in area or be more than ten (10) feet in height and secondary joint identification signs may not exceed sixty-four (64) square feet or be more than six (6) feet in height.
(4) Illumination.
A. Unless otherwise stated, signs may be illuminated from within or from an external source, but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety.
B. Internally illuminated signs shall have an opaque background and translucent copy.
C. External lighting fixtures shall be aimed and shielded so that direct illumination is focused exclusively on the sign.
D. Fixtures shall be mounted on the top of the sign and aimed downward with the exception of signs not taller than seven feet above grade which may be illuminated by ground mounted up lighting not exceeding 100 lamp watts per sign face.
E. The maximum watts permitted to illuminate a sign shall be two watts per sign face square foot provided at no point on the face of the sign and at no time shall the illumination exceed 30 vertical foot-candles during hours of darkness.
F. Rotating, traveling, pulsing, flashing, blinking, or oscillating light sources, lasers, beacons, search lights, or strobe lighting are prohibited.
G. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices. (i.e., red, yellow, green)
H. Light sources shall utilize energy efficient fixtures to the greatest extent possible.
I. Neon lights are prohibited.
(c) Permit Required. Unless otherwise stated, all permanent signs in residential and nonresidential districts require a Sign Permit.
1133.06 TEMPORARY SIGNS.
(a) Residential Districts. Temporary signs in residential districts shall conform to the following standards as well as the other applicable standards of the Codified Ordinances:
(1) Type. Temporary freestanding and wall signs are the only type of temporary signs permitted.
(2) Number. No more than four (4) such signs may be located on a lot.
(3) Maximum area and height. Signs may not exceed twelve (12) square feet in area or be more than four (4) feet in height.
(4) Display period. Each temporary sign may not be displayed for more than forty-five (45) consecutive days in a six month period.
(5) Off-premises signs. Off-premises signs are prohibited.
(6) Illumination. Signs shall not be separately illuminated. This standard is not intended to prohibit the installation of such a sign near a porch light or yard light, which may incidentally illuminate the sign.
(7) Mounting brackets and posts. All materials used to anchor the sign including mounting brackets and posts shall be removed when the temporary sign is removed.
(8) Permit requirements. Temporary signs in residential districts do not require a permit.
(b) Non-residential Districts. Unless otherwise stated in 1133.08, temporary signs in non-residential districts shall conform to the following standards as well as the other applicable standards of the Codified Ordinances:
(1) Type. Temporary freestanding and wall signs are the only type of temporary signs permitted.
(2) Maximum area and height. Signs shall not exceed twelve (12) square feet in area or be more than four (4) feet in height.
(3) Number.
A. On lots of five (5) acres or less, no more than two (2) signs are permitted at once.
B. On lots of five (5) acres or more, no more than three (3) signs are permitted at once.
(4) Display period. Each temporary sign may not be displayed for more than forty-five (45) consecutive days in a six month period.
(5) Setbacks. Temporary signs shall be located no closer than twenty-five (25) feet from the public right-of-way line.
(6) Mounting brackets and posts. All materials used to anchor the sign including mounting brackets and posts shall be removed when the temporary sign is removed.
(7) Illumination. Signs shall not be separately illuminated.
(8) Permit requirements. Unless otherwise stated, all temporary signs in nonresidential districts require a Sign Permit.
1133.07 STANDARDS FOR SPECIFIC SIGN TYPES.
(a) Awning and Canopy Signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied and shall meet the following conditions:
(1) Location. Signs may be placed only on awnings that are located on first- and second-story building frontages, including those fronting a parking lot or pedestrian way.
(2) Extension. Such signs shall not extend more than three (3) feet from the face of the building to which they are attached.
(3) Minimum clearance. A minimum clearance of ten (10) feet shall be maintained above sidewalks.
(4) Setbacks. The awning shall comply with the same setbacks established for the building.
A. Exception: In B-3 District-It may overhang the street right of way line not exceeding seventy-five percent (75%) of the distance between the street right-of-way line and the street curb line. The minimum vertical height of nine (9) feet above finished grade.
(5) Copy. The copy on an awning sign shall not exceed fifty percent (50%) of the sign's total area.
(6) Illumination. Internal illumination is prohibited.
(b) Blade Signs.
(1) Location. Blade signs shall be placed only on a ground floor facade, except for businesses located above the ground level with direct exterior pedestrian access.
(2) Height above finished grade. The lowest point of a blade signs shall be at least eight (8) feet but no more than fifteen (15) feet above finished grade. Blade signs shall not extend beyond the roof line.
(3) Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign. Brackets and/or hardware for the sign may not extend more than four inches from the outside face of the sign.
(4) Square footage. A maximum of six (6) square feet will be allowed.
(5) Illumination. Internal illumination is prohibited.
(c) Banner Signs. Banner signs are temporary signs and subject to the following conditions:
(1) Number. No more than one (1) banner may be displayed on the property at any one time.
(2) Maximum area and height. The maximum area and height of the banner sign shall not exceed that allowed for a permanent wall sign.
(3) Permits per year. No site will be issued more than two (2) temporary banner Sign Permits per year.
(4) The banner sign shall not be displayed above the roof line of any structure.
(5) The banner sign shall be safely secured to a building, structure, or stake. If a stake or structure is used, the stake or structure must be removed at the time the banner is removed.
(6) The banner sign shall have ventilated faces to reduce wind load if the banner is more than five (5) feet in length.
(d) Freestanding Signs.
(1) Posts. Pylon signs shall not have posts with a diameter greater than twelve (12) inches. Posts may not be higher than two (2) feet above finished grade and no more than two (2) posts may be used. The height of the posts will be included in the maximum height permitted for the sign.
(2) Base material of monument signs. The base of monument signs shall be brick, stone, or stucco. The exposed base of a monument sign may not exceed two (2) feet in height. The height of the base will be included when calculating the height of the sign.
(3) Cantilever signs. The post used to anchor cantilever signs shall be wood or another natural material such as brick or stone.
(4) Landscaping. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. Landscaping is not required on temporary, freestanding signs.
(5) Location. The sign must be located along frontage adjoining a public street.
(6) Setbacks. The front setback for freestanding signs shall be at least one-half of the depth of the required front yard from the public right-of-way line unless otherwise stated. The sign must also meet the side yard setback for the applicable zoning district unless otherwise stated.
(e) Joint Identification Signs.
(1) Type. Primary and secondary freestanding joint identification signs must be monument signs.
(2) Setbacks. The front setback for freestanding joint identification signs shall least one-half of the depth of the required front yard from the public right-of-way. The sign must also meet the side yard setback for the applicable zoning district unless otherwise stated.
(f) Portable Signs.
(1) Zoning districts where permitted. Portable signs are only permitted in General Business (B- 2), Central Business District (B-3), Restricted Industrial (M-1), and General Industrial (M-2).
(2) Maximum area and height. Such signs shall be not more than four (4) feet high and three (3) feet in width. There shall be no more than two (2) sides to such sign.
(3) Illumination. Portable signs shall not be illuminated.
(4) Use during operating hours. The sign shall be taken inside the establishment when the business closes each night and shall not be placed outside again until the business opens each morning. Three (3) or more violations of this provision during any sixty day (60) period shall be grounds for the City to suspend or revoke the right of the violator to have a portable sign.
(5) Placement. The sign shall be located directly in front of the business establishment and within ten (10) feet of the principal public entrance to the establishment.
(6) Permit requirements. A permit is not required.
(g) Wall Signs.
(1) Location. All wall signs shall be mounted on the building which houses the establishment advertised by such signs, except as otherwise specifically authorized by this Zoning Code. Such signs shall be located on or along a wall of such a building which faces a street, parking lot, or service drive, and shall not project above the roof line or the cap of parapets of such building, whichever is higher.
(2) Projection from wall. All wall signs shall be parallel to the wall on which they are installed. The sign shall not project above the edge of the roof of the structure and from the surface upon which it is attached more than twelve (12) inches in a non-residential district. In a residential district, a wall sign shall not project more than three (3) inches.
(h) Window Signs. Window signs are permitted in any zoning district and do not require a Sign Permit. However, all window signs shall meet the following conditions:
(1) Number. No more than one (1) permanent or temporary window sign is permitted per window.
(2) Surface coverage. Window signs may not be larger than twenty-five percent (25%) of the aggregate window area.
(3) Illumination. Window signs shall not be illuminated.
(i) Permanent Electronic Message Boards/Digital Signs. Electronic Message Boards/Digital Signs are allowed in B-1, B-2, B-3, M-1, M-2, S-1, RMH, and Corridor Business Overlay District. Electronic Message Boards/Digital Signs are prohibited in R-1, R-2 and R-3 districts. The Compliance/Project Manager may grant a permit for an Electronic Message Board/Digital Sign if the following conditions are met:
(1) Has a luminance of no more than 3,000 nits during daylight sunrise to sunset and no more than 150 nits at night from sunset to sunrise;
(2) Signage must automatically dim to these levels at sunset or if dimming is not available, signage must be turned off at sunset.
(3) Electronic Message Board/Digital Sign Display Regulations:
A. One image, animation, or video must remain visible for an interval of at least six (6) seconds;
B. Display must go dark if there is a malfunction
C. Electronic Message Board/Digital Sign must be in good working order at all times
(4) An Electronic Message Board/Digital Sign will be in violation of the terms of its permit if the Compliance/Project Manager finds one or more of the following:
A. Animation and motion of images and messages is too fast and distracting using dwell time calculation and, as such compromises public safety. An example of Dwell Time Calculation: An electronic sign is proposed. Determine the greatest distance the sign becomes visible: 500 feet. The posted speed limit of the adjacent roadway is 35 MPH. The sign becomes visible for drivers on the adjacent roadway at a distance of 500 feet from the sign. Multiply the road's speed limit by 5280 and then divide by 3600 (to calculate feet per second): 35 x 5280/3600 = 51.33 feet/sec. Divide the visibility distance by the speed limit (in feet per second). 500 ft/ 51.33 fps = 9.7 seconds. Add 10% of the value: 9.7 seconds + 10% = 10.6 seconds. The minimum dwell time for this sign is 10.6 seconds.
B. An Electronic Message Board/Digital Sign is defunct in operation, bulbs are missing, structure is falling and in disrepair
(Ord. 2019-19. Passed 4-16-19.)
1133.08 PROHIBITED SIGNS.
(a) Prohibited Signs. The following signs and types of signs are inconsistent with the purposes and standards of this Chapter and are prohibited in all zoning districts:
(2) Flashing, moving, rotating, intermittently lighted signs or other mechanical devices.
(3) Air actuated attraction devices.
(4) Roof signs.
(5) Portable changeable copy signs.
(6) Electronic variable message signs, reader boards, and changeable copy signs except as authorized under Section 1133.04(i)
1133.09 SIGN PERMITS.
(a) Sign Permits Required. To ensure compliance with the regulations of this Chapter, a Sign Permit shall be required in order to apply, erect, move, alter, reconstruct, or repair any permanent or temporary sign, except signs that are do not require permits consistent with the requirements of Sections 1133.04(a)(1) and 1133.10. A Sign Permit is also required for the lighting of new or the relighting of existing signs.
(b) Review Authority. The Zoning Inspector will review all Sign Permit applications within the City. The Zoning Inspector has fourteen (14) days from the date of submittal to review all Sign Permit applications and either grant, grant with conditions, or deny the Sign Permit application. If the Zoning Inspector grants a Sign Permit with conditions, the Zoning Inspector shall state the conditions in writing, with citations to relevant sections of this Chapter. The applicant shall sign a statement acknowledging the conditions set forth by the Zoning Inspector. If the Zoning Inspector denies a permit application, the Inspector shall do so in writing and state in writing the reason for denial, with citations to relevant sections of this Chapter or other provisions of the Codified Ordinances. The applicant may appeal the decision of the Zoning Inspector as outlined in Section 1133.13.
(c) Preparation. Applicants for a Sign Permit must submit the following information. Incomplete applications will be denied.
(1) Color sign rendering.
(2) Site plan and elevations.
(3) Sign dimensions and dimensions of sign mounting material, where applicable.
(4) Building façade dimensions, where applicable.
(5) Distance of sign from all public rights-of-way.
(6) Style, type, wattage, and location of all lighting.
(7) Landscaping plan for freestanding signs.
(8) List of construction materials, including sign mounting material, where applicable.
(d) Criteria for Approval. The Zoning Inspector shall approve a Sign Permit if the proposed sign conforms to all applicable requirements of this Chapter.
1133.10 SIGNS NOT REQUIRING PERMITS.
(a) Signs Exempt from Regulations. Any sign located entirely inside a building and not visible from the public right-of-way or from private property other than the property on which such sign is located shall be entirely exempt from regulation under this Chapter.
(b) Permanent Signs Allowed in Any District without a Permit and Not Included in Dimensional Limitations. Sign Permits shall not be required for the signs listed herein. These signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site.
(1) Signs conforming to the Ohio Manual of Uniform Traffic Control Devices;
(2) Signs required by a state or federal statute or agency;
(3) Signs required by an order of a court of competent jurisdiction;
(4) One (1) wall sign on or over a window or door not exceeding three (3) square feet in area.
(c) Temporary Signs Allowed without a Permit.
(1) Official and legal notices required by a court or governmental agency.
(2) Temporary signs in residential areas.
1133.11 ABANDONED SIGNS.
(a) Abandonment Defined. If any sign shall become abandoned, in a manner defined herein, such sign is declared a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and creating a blighting influence on nearby properties. An abandoned sign shall be any sign that meets any of the following conditions:
(1) Any sign associated with the abandoned nonconforming use.
(2) Any sign that remains after the termination of a business. A business shall be considered terminated if it has ceased operations for at least one hundred and twenty (120) consecutive days.
(3) Any sign that is not maintained in accordance with Section 1133.04(e).
(b) Determination of Abandonment. When the Zoning Inspector finds, upon investigation, that a sign has been abandoned, the Zoning Inspector shall notify the owner of said sign and the owner of the property upon which such sign is located, of any findings. Such notice shall advise the owner of the sign that said sign has been declared abandoned and must be removed within thirty (30) days from the date of mailing of said notice. The owner of the sign or the owner of the property may appeal such decision as provided in Section 1133.13.
(c) Right to Remove. If the sign is not removed as ordered, the sign may be removed by the City at the expense of the lessee or owner. If the City is not reimbursed for the cost of removal within thirty (30) days of such removal, the amount thereof shall be certified to the County Auditor for collection as a special assessment against the property upon which such sign is located.
1133.12 SEVERABILITY.
(a) Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms, or words of this Chapter shall be considered independent, valid, and enforceable.
(b) Severability Where less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth in Section 1133.12(a), or elsewhere in this Chapter, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter is declared unconstitutional shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms, or words of this Chapter shall be considered independent, valid, and enforceable.
(c) Severability of Provisions Pertaining to Prohibited Signs. Without diminishing or limiting in any way the declaration of severability set forth in Section 1133.12(a) and (b), or elsewhere in this Chapter, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under Section 1133.08 of this Chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of Chapter 1133 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of Chapter 1133. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms, or words of this Chapter shall be considered independent, valid, and enforceable.
(d) Severability of Prohibition on Signs Bearing Off-premise Commercial Messages. If any part section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this Chapter and/or any other provisions of the Zoning Code or the Codified Ordinances are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on signs bearing off-premises commercial messages as contained herein. It is intended that if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Chapter is severed, the remaining parts, sections, subsections, paragraphs, subparagraphs, sentences, phrases, clauses, terms, or words of this Chapter shall be considered independent, valid, and enforceable.
1133.13 APPEALS.
(a) The decision of the Zoning Inspector regarding issuance of a Sign Permit, notice to repair, or determination of abandonment may be appealed to the Board of Zoning Appeals. A written appeal shall be filed within twenty (20) days of receipt of notification from the Zoning Inspector regarding the Sign Permit, notice to repair, or determination of abandonment. The Board of Zoning Appeals shall have a maximum of sixty (60) days for a public hearing, deliberation, and a decision on the appeal unless the decision is tabled at the applicant's request. Denial of the appeal by the Board of Zoning Appeals may be appealed as provided under the Ohio Revised Code.
1133.99 VIOLATIONS, PENALTIES, AND REMEDIES.
(1) Whoever violates any provision of this code for which no other penalty is provided is guilty of a minor misdemeanor.
(2) If within one year of the offender has been convicted of, or has pleaded guilty to, one or more violations of a section under this code, the offender may be guilty of a special misdemeanor, punishable by a fine of up to five hundred dollars ($500.00).
A. Each day of noncompliance with the notices and orders of the Zoning Inspector shall constitute a separate offense.
B. Violators shall also be fined the costs incurred for proper disposal of the material collected from the cutting of weeds and high grass, littering and other public nuisance. In addition to the cost of the disposal there shall be administrative fees charged for work or services performed by the City, the Administrative Fee shall be two hundred and five dollars ($205.00).
(3) Any person who violates a provision of this Code shall be required to pay a Civil Penalty in the amount of Three Hundred Fifty dollars (350.00). If that person complies with the correction order within the time specified in the order, the Civil Penalty shall be reduced to Fifty dollars ($50.00).
(4) When a person is found in violation of a provision of this Code and fails to comply with the correction order within the time specified, a reinspection fee shall be charged for every inspection thereafter. Reinspection of the premises shall be conducted until such time that the property is brought in compliance with the City of Fostoria Codified Ordinances. Whenever reinspection of the premises is conducted by the City and such costs of reinspection have not been included within the administrative costs, the additional cost of reinspection shall be assessed in an amount of seventy five dollars ($75.00).
(5) In the event the person fails to pay a Civil Penalty, reinspection or administrative fee or costs incurred by the City for clean up, repair and/or abatement of the premises within thirty (30) days after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the code official, may be collected using one or more of the following methods, provided however that the expenses may on be collected once.
A. Such expenses may be certified to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
B. The Director of Law is authorized to bring suit and take other necessary legal action to collect such expenses.
1135.01 GENERAL REGULATIONS.
General Regulations. No land or building shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises. Any use permitted by this Zoning Code may be undertaken and maintained if acceptable limits are employed.
(a) Any activity involving the use of storage of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment and by such safety devices as are normally used in the building of any such material. The requirements imposed by the Fire Marshal of the City as a result of Ohio R.C. Chapter 3781 shall be adhered to.
(b) No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(c) Noise which is objectionable, as determined by the Zoning Inspector, due to volume, frequency, or beat shall be muffled or otherwise controlled.
(1) "Objectionable" shall be defined as extending beyond the limit of noise considering the location of the use, adjacent land uses, zoning classification, and available technology for controlling the noise.
(2) Apparatus used exclusively for public purposes are exempt from this requirement.
(d) No vibration shall be permitted which is discernible without instrument on any adjoining lot or property.
(e) No air contaminant shall be permitted which is harmful to health, animals, vegetation, or other property or which can cause excessive soiling.
(1) "Air Contaminant" shall be defined as particulate matter dust, fumes, gas mist, smoke, vapor, odorous substances, or any combination thereof.
(2) Programs and equipment required by the Director of the Ohio Environmental Protection Agency, in furtherance of Ohio R.C. Chapter 3704, shall be adhered to.
(f) No direct or reflected glare shall be permitted which is visible from any property outside an M District or from any public street, road, or highway.
(g) No erosion, either by wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(h) Water pollution shall be subject to the requirements and regulations established by the Director of the OEPA.
(i) Approved state plans where applicable.
1135.02 ENFORCEMENT PROVISIONS.
(a) The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(b) Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, New York, N. Y.; the Manufacturing Chemists' Association, Inc., Washington, D.C.; and the United States Bureau of Mines.
1137.01 INTENT
It is recognized that at the time of the adopting of this Zoning Code or any of its subsequent amendments, there shall exist lots, uses of land, structures, and uses of structures and land in combination which do not conform to this Zoning Code. While such conditions are permitted to continue, the purpose of this Zoning Code is to alleviate and eventually eliminate the undesirable consequences resulting from nonconforming lots, uses of land, structures, and uses of structures and land in combination which are detrimental to the purpose of this Zoning Code.
(Ord. 2017-18. Passed 5-2-17.)
1137.02 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in this Zoning Code deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Code and upon which actual building construction has been carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently. (Ord. 2017-18. Passed 5-2-17.)
1137.03 NONCONFORMING LOTS OF RECORD.
Any lot of record existing at the effective date of adoption of this Zoning Code or any of its subsequent amendments which does not conform to the lot requirements of the district in which it is located is to be considered a nonconforming lot of record.
(a) Single Nonconforming Lots of Record.
(1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Code notwithstanding limitations imposed by this Zoning Code. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both, that are applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
(2) Variances of yard requirements of this Zoning Code other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in Section 1109.02.
(b) Nonconforming Lots of Record in Combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Code and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of this Zoning Code and no, portion of it, shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.
(Ord. 2017-18. Passed 5-2-17.)
1137.04 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, the structure may be continued so long as it remains otherwise unlawful subject to the following provisions.
(a) No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
Example: A room addition, porch or deck or any alteration such as changes to a roofline or porch enclosure must meet current setback and percentage of lot requirements.
(b) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. (Ord. 2017-18. Passed 5-2-17.)
1137.05 NONCONFORMING USES OF LAND.
Where, at the time of adoption of this Zoning Code lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided:
(a) No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.
(b) No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the uses at the effective date of adoption or amendment of this Zoning Code.
(c) No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with a nonconforming use of land.
(Ord. 2017-18. Passed 5-2-17.)
1137.06 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If a lawful use involving individual structures, or of a structure and land in combination exists at the effective date of adoption or amendment of the Zoning Code that would not be allowed in the district under the terms of this Zoning Code the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(a) No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(b) Any nonconforming use may be extended throughout any part of the building which was arranged or designed for the use at the time of adoption or amendment of this Zoning Code, but no nonconforming use shall be extended to occupy any land outside the building.
(c) A nonconforming residential use in a business district shall be permitted to continue as if they were in a residential district. The use must comply with the requirements of an R-1 Residential District. However, the use shall not be expanded into a combination business and residential use. Before the building is altered to be used for a business, the State Building Code, Fire Code, and all other applicable codes must be met. (Ord. 2017-18. Passed 5-2-17.)
1137.07 CHANGE IN NONCONFORMING USES.
If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use provided that the Board shall find that the proposed use is equal or more appropriate to the district than the existing nonconforming use. In permitting the change, the Board may require certain conditions and safeguards.
(Ord. 2017-18. Passed 5-2-17.)
1137.08 REPAIRS AND MAINTENANCE.
On any nonconforming structure or portion of a structure containing a nonconfonning use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(Ord. 2017-18. Passed 5-2-17.)
1137.09 CERTIFICATE OF NONCONFORMING USE.
When a building or structure, the use or location of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
(a) The restoration or rebuilding is commenced within six (6) months of the time of damage, and construction is completed within one (1) year, and
(b) The damaged or destroyed building was not located in such a manner so as to encroach on adjacent property, or right of way and
(c) If the restoration or rebuilding of the structure involves extension or expansion of the use or structure, then the provision of Section 1137.04 shall apply.
(Ord. 2017-18. Passed 5-2-17.)
1137.10 EXTINCTION OF NONCONFORMING USE.
(a) Replaced by a Conforming Use. Once a nonconforming structure is used for permitted use it shall thereafter conform to the regulations for the District in which the structure is located and the nonconforming use may not thereafter be resumed.
(b) Discontinued Use. When a nonconforming use of a structure is discontinued or ceases to exist for any reason for two (2) years, the structure shall not thereafter be used except in conformance with the regulations of the District in which it is located.
(c) Removal of Structure. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 2017-18. Passed 5-2-17.)
1137.11 CERTIFICATE OF NONCONFORMING USE.
Upon the effective date of this Zoning Code, the Zoning Inspector shall issue a certificate of nonconforming use to all owners of property, the use of which does not conform to the district regulations in which the property is located. Any use which is permitted as a conditional use in a district under the tenus of this Zoning Code shall not be deemed a nonconforming use in the district, but shall without further action be considered a conforming use.
(Ord. 2017-18. Passed 5-2-17.)
1139.01 INTENT.
It is the intent of this section to regulate the location of, and to encourage, stabilize, and protect the development of mobile home parks. Notwithstanding any other provision or restriction provided in this Zoning Code, the following procedures, standards, and restrictions shall apply to all mobile home developments to be developed hereafter.
1139.02 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "MOBILE HOME PARK. " A parcel of land under single ownership on which two or more mobile homes are occupied as residences, and meeting the requirements of this section.
(b) "MOBILE HOME SUBDIVISION." A subdivision designed and intended primarily for the sale of lots for residential occupancy by mobile homes.
1139.03 APPROVAL PROCEDURE.
Mobile home parks and mobile home subdivisions shall be located only in a Mobile Home Park District (RMH) and shall be developed according to the general regulations stated and referenced in this section. Recreational campgrounds shall be permitted in the S-1 District and in the RMH District, and should be developed according to the general regulations stated and referenced in this section. The procedure to amend the Zoning Map shall be the procedure for amendments specified in Chapter 1111.
1139.04 GENERAL REGULATIONS.
The Planning Commission and City Council shall review the particular fact and circumstances of each proposed mobile home park, mobile home subdivision, and recreational campground, in terms of the following standards and shall find adequate evidence showing that the mobile home park development:
(a) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the character of the vicinity of the proposed mobile home park and will not change the essential character of the area.
(b) Will not be detrimental to existing or future residential uses.
(c) Will be served adequately by public facilities and services or that the persons responsible for the establishment of the proposed park shall be able to provide adequate services.
(d) Will have vehicular approaches to the property to which shall be so designed as not to create an interference with traffic on surrounding public streets.
1139.05 MOBILE HOME PARK REQUIREMENTS.
(a) The minimum site shall contain five acres unless the development is an extension of an existing park. The mobile home park shall meet the requirements of 3701-27 of the Ohio Administrative Code, adopted by the Public Health Council under the authority of Ohio R.C. 3733.02.
(b) Individual mobile homes located within the mobile home park shall have a minimum floor area of 600 square feet.
1139.06 MOBILE HOME SUBDIVISION.
The size of a mobile home subdivision shall be as provided for a mobile home park. The procedure and design of a mobile home subdivision shall be the same as those provided for in the Subdivision Regulations.
1139.07 RECREATIONAL CAMPGROUND.
The size of and the procedure for a recreational campground shall be as provided herein for a mobile home park, and the design, installation, and maintenance shall be as required by the State Board of Health.
1141.01 INTENT.
It is the intent of this chapter to encourage the provision of alternative modest income housing in residential areas by permitting the use of Class A manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted. This chapter shall apply only to manufactured or mobile homes located outside the mobile home parks or communities.
(Ord. 2016-19. Passed 5-17-16.)
1141.02 DEFINITIONS.
(a) "ANCHORING SYSTEM." An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home.
(b) "DESIGN, RESIDENTIAL." A manufactured home which has the same siding materials and pitched shingled roofs as used on conventional homes.
(c) "DESIGN, STANDARD." A bowed metal roof and aluminum siding, the traditional "mobile home" look.
(d) "FOUNDATION SIDING OR SKIRTING." A type of wainscoting constructed of fire and weather resistant material such as aluminum, treated pressed wood, or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.
(e) "MANUFACTURED OR MOBILE HOME." A residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a seal certifying that it is built in compliance with the "National Manufactured Housing Construction and Safety Standards Act" and defined herein as a manufactured home, and meeting the requirements of a manufactured home as defined in Ohio R.C. 4501.01.
(f) "PERMANENT PERIMETER ENCLOSURE." A foundation which forms a complete enclosure under exterior walls.
(g) "PERMANENT FOUNDATION." Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
(h) "RECREATIONAL VEHICLE (RV)." A vehicular portable structure built on a chassis and not exceeding a gross weight of 4,500 pounds when factory-equipped for the road or an overall length of 40 feet and designed to be used as a temporary dwelling, travel, recreational, and vacation uses.
(i) "SECTION." A unit of a manufactured home at least ten body feet in width and 30 body feet in length.
(j) "SUPPORT SYSTEM." A pad or a combination of footing, piers, caps, plates, and shims, which when properly installed, support the manufactured or mobile home.
(Ord. 2016-19. Passed 5-17-16.)
1141.03 CLASSIFICATION OF MANUFACTURED OR MOBILE HOMES.
(a) Class A. A manufactured home certified as meeting the mobile home construction and safety standards of the Department of Housing and Urban Development, or the industrialized unit requirements of the Ohio Board of Building Standards; has the same siding materials and pitched shingled roofs as used on newly constructed conventional homes; and is on a permanent foundation.
(b) Class B. A manufactured home certified as meeting the mobile home construction and safety standards of the Department of Housing and Urban Development, or the industrialized unit requirements of the Ohio Board of Building Standards; has a bowed metal roof and aluminum siding with the traditional manufactured home appearance and is on a permanent foundation.
(c) Class C. A noncertified manufactured home.
(Ord. 2016-19. Passed 5-17-16.)
1141.04 APPLICABILITY; PERMITTED PLACEMENT.
(a) The establishment, location, and use of a Class A manufactured home as a permanent residence approved individually, by specific materials, or by design, shall be permitted in any district permitting a dwelling unit, subject to the requirements applying to residential uses in the district and provided the dwelling shall meet the exterior appearance standards, as hereinafter set forth in Section 1141.06. A zoning certificate shall be required for all applications for such use. Approval procedure is set forth in Section 1107.02. Applications for approval shall be submitted to the Zoning Inspector on such forms as he may require to make his determination.
(b) The dwelling may not be used as a rental property unless installed by a licensed installer.
(c) A copy of the installation permit and the name and license number of the installer (if using) and inspector must be submitted before installation of the dwelling.
(Ord. 2016-19. Passed 5-17-16.)
1141.05 REPLACEMENT OF NONCONFORMING HOMES.
Upon removal of a mobile home from a residential lot within the City, the following conditions shall apply to any replacement: it may be replaced only with a manufactured (Class A) or custom built home with a permanent foundation.
(Ord. 2016-19. Passed 5-17-16.)
1141.06 EXTERIOR APPEARANCE STANDARDS.
Class A manufactured homes shall:
(a) Meet all requirements for lot, yard, building, and other requirements for the district in which it is located.
(b) A minimum width of 24 (24) feet.
(c) A minimum roof pitch of 5:12, which means having a pitch equal to at least five inches of vertical height for every twelve inches of horizontal run. A minimum roof overhang of 12 inches is required. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes, or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials.
(d) Gutters and downspouts must be installed and maintained.
(e) Exterior siding consisting of wood, hardboard, vinyl, brick, masonry, stone, or aluminum comparable in composition, appearance, and durability to the exterior siding commonly used in site dwellings.
(f) A curtain wall, unpierced except for required ventilation and access, must be installed so that it encloses the area located under the home to the ground level. Such a wall shall have a minimum thickness of four (4) inches and shall be constructed of masonry or similar material.
(g) The dwelling must be placed on a permanent foundation, either slab or pier, which meets the requirement of the Ohio Manufactured Homes Commission. In addition, the dwelling shall be completely underpinned with masonry, stone, or other similar materials.
(h) The dwelling must be anchored in the ground in accordance with the manufacturer's specifications.
(i) Utility meters must be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus must be removed before occupancy.
(j) A landing must be installed at each doorway. The structure must include steps which lead to ground level.
(k) The home shall face the public street.
(Ord. 2016-19. Passed 5-17-16.)
1143.01 PURPOSE.
The purpose of the home occupation provision is to allow for home occupations which are compatible with the neighborhoods in which they are located.
1143.02 GENERAL STANDARDS.
The Board of Zoning Appeals shall not permit the establishment of a home occupation unless and until the following facts or conditions exist.
(a) No more than one person other than the members of the family residing on the premises may be engaged in the home occupation. In no case shall there be more than three persons engaged in the home occupation.
(b) The ratio of time/space is equal to or less than .25. (Business hours per week divided by 168 hours plus the area of the occupation divided by the total area of the dwelling divided 2.)
(c) In no way shall the appearance of the structure be altered or the occupation within in the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.
(d) An accessory building may be used for a home occupation, but the area used in the accessory building shall be used in determining the time/space ratio.
(e) The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors, or electrical interference beyond what occurs in the applicable zoning district. All off-street parking requirements shall meet the requirements of Chapter 1131.
(f) There shall be no use of public utilities or community facilities to an extent beyond the normal use of the property for residential purposes.
(g) There shall be one sign, not exceeding four square feet in area non-illuminated, and mounted flat against the wall of the principal or accessory building or a free-standing, non-illuminated identification sign not greater than two square feet in area.
(h) No space outside the principal or accessory building shall be used for storage or for any home occupational purpose.
(i) All home occupation permits must get additional approval from the particular agency that may regulate the occupation, and a copy of the approval must be attached to the home occupation permit.
1143.03 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting a home occupation permit, the Board may prescribe appropriate conditions and safeguards with respect to location, construction, maintenance, and operation, in addition to those stipulated in this Zoning Code for the particular home occupation permit as the Board may deem necessary for the protection of adjacent properties and the public interest. Violations of such conditions and safeguards, when made a part of the terms under which the home occupation is granted, shall be deemed a violation of this Zoning Code and punishable under Section 1107.99. The Board may also require such evidence and a guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.
1143.04 ACTION BY BOARD OF ZONING APPEALS.
(a) Hearing. The Board shall hold a public hearing on an application for home occupation permit within 35 working days from receipt of the application.
(1) Notice of the hearing on an application for a home occupation shall be given by publishing the notice, in a newspaper of general circulation of the City at least ten days before the day of the hearing. Written notice of the hearing, shall be mailed by first class mail, at least ten days before the date of the hearing, to all abutting property owners. The notice shall set forth the time and place of the public hearing, and the nature of the proposed home occupation.
(2) Upon the day for hearing an application, the Board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing, unless the Board so decides.
(b) Within 30 days after the public hearing, the Board shall either approve, approve with supplementary conditions, or deny the request for a home occupation.
(1) A certified copy of the Board's decision shall be transmitted to all parties in interest. The decision shall be binding upon the Zoning Inspector and observed by the Inspector and the terms and conditions of the decision shall be incorporated in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(2) A decision of the Board shall not become final until the expiration of five days from the date the decision is made, unless the Board shall find that the immediate taking effect of the decision is necessary for the preservation of property or personal rights, and shall so certify on the record.
1143.05 EXPIRATION OF HOME OCCUPATION PERMIT.
A home occupation permit shall be deemed to authorize only one particular home occupation and the permit shall automatically expire, if for any reason, the home occupation has not been renewed as required in Section 1143.06.
1143.06 HOME OCCUPATION RENEWAL
Home occupations have an initial time limit not exceeding one year. A renewal fee shall be submitted for each year after the initial year for all home occupations. A renewal application shall be made on forms provided by the Zoning Inspector. The application shall be reviewed and an inspection made of the property by the Zoning Inspector to verify continued compliance with the necessary criteria and conditions established with the initial approval. If in the review by the Zoning Inspector the applicant has not complied with the necessary conditions, the matter shall be referred to the Board for consideration. The Board may without further hearing revoke any home occupation permit for noncompliance with the conditions set forth in the approved original permit. Any permit revoked by the Board may not be resubmitted for a period of one year.
1143.07 RESUBMITTING HOME OCCUPATION PERMITS.
Any home occupation denied by the Board may not be resubmitted for a period of six months unless the applicant can demonstrate to the Zoning Inspector and the Board either of the following.
(a) That a new plan or use is proposed.
(b) That new facts or other pertinent information have been discovered that were not presented previously.
1143.08 APPEALS FROM BOARD OF ZONING APPEALS.
1143.09 FEES.
As established in Section 1107.99, the fees for home occupation permits shall be set by the City Council. The current fee schedule is available for examination in the office of the Zoning Inspector.
(a) The fee is part of and shall accompany the application.
(b) Fees are not reimbursable.