Galion City Zoning Code
TITLE SEVEN
Additional Zoning Requirements
CHAPTER 1185 Reserved for Future Use
1173.01 LOT WIDTH.
(a) Frontage Required. No building, structure, or improvement shall be constructed or altered, nor any new lot be established, unless such lot fronts on a publicly dedicated and improved street or thoroughfare within the City.
(b) Lot Width. Lot width shall be measured along the minimum building setback line for the district within which such lot is located. For lots on curved streets or at the terminus of a cul-de-sac, lot width shall be determined by the chord length of the lot at the minimum building setback line.
(Ord. 2009-85. Passed 12-8-09.)
1173.02 FRONT YARDS.
(a) Front Yard Requirements. All front yard space shall be landscaped by lawns, shrubbery, trees or other plantings and maintained in a neat and orderly state.
(b) Front Yard Measurements. Front yard depth shall be measured from the right-of-way line of the street or highway to the building line.
(c) Corner Lots. Lots fronting on more than one street shall provide the required front yard on both streets. Setbacks for one (1) of the other two (2) sides of a corner lot shall be as required for the rear yard of the district where the lot is located.
(d) Open Porches. In residential districts, an open, uncovered porch or paved terrace may project into a required front yard for a distance of not greater than ten (10) feet.
(e) Modification of Front Yard Setbacks in Specific Cases. Notwithstanding the minimum front yard setback established for any residential district, when a new single family residential structure is proposed on a lot or lots platted prior to the effective date of this Ordinance, and when such lot or lots are adjacent to existing structures on one or both sides thereof, the minimum front yard setback for the proposed structure shall not be less than the smaller of the front yard setback(s) of the adjacent structure(s).
(Ord. 2009-85. Passed 12-8-09.)
1173.03 SIDE YARDS.
(a) Measurement. Side yard width shall be measured from the side lot line to the nearest point of the outside wall of the building.
(b) Open Porches. In a residential district, an open, uncovered porch, deck or paved terrace may project into a required side yard, if a minimum of three (3) feet is maintained to any adjoining lot line.
(c) Accessory Uses or Structures. Accessory uses or structures may be allowed in a side yard, subject to requirements of Section 1175.01 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1173.04 REAR YARDS.
(a) Measurement. Rear yard depth shall be measured from the rear lot line to the nearest point of the outside wall of the building. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.
(b) Accessory Uses or Structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 1175.01 of this Ordinance.
(c) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required rear yard, if a minimum of ten (10) feet is maintained to any adjoining lot line.
(Ord. 2009-85. Passed 12-8-09.)
1173.05 ARCHITECTURAL FEATURES.
Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front, side or rear yard not more than three (3) feet.
(Ord. 2009-85. Passed 12-8-09.)
1173.06 HEIGHT.
Height regulations specified in the various zoning districts shall not apply to chimneys, steeples, spires, or similar structures attached to and appropriate with the primary structure, provided the height of all such structures shall not constitute a hazard to the safe landing and takeoff of aircraft from an established airport.
(Ord. 2009-85. Passed 12-8-09.)
1173.07 MINIMUM FLOOR AREA REQUIREMENTS.
Minimum floor area requirements as specified in the various zoning districts shall not include basements, open porches or decks with no roof, or outdoor living areas, garages, breezeways or steps.
(Ord. 2009-85. Passed 12-8-09.)
1173.08 CURB CUTS.
(a) R Districts. Curb cuts in R Districts shall be located not less than thirty-five (35) feet from any street intersection, as measured from the right-of-way line. If more than one (1) curb cut is proposed on a single lot, the applicant for a zoning certificate on such property shall demonstrate that such additional curb cut is necessary for safe vehicular movement to and from the site and that the distance between the curb cuts is sufficient to allow for the safe and efficient ingress and egress of vehicular traffic from the site.
(b) LC, GC, GI and IP Districts. Not more than two (2) curb cuts per street frontage shall be established for any single lot in the above districts. All new curb cuts must be located not less than 150 feet from any street intersection and fifty (50) feet from any adjacent property line. In addition, the applicant for a zoning certificate on such property shall demonstrate that the distance between the curb cuts is sufficient to allow for the safe and efficient ingress and egress of vehicular traffic from the site.
(Ord. 2009-85. Passed 12-8-09.)
1175.01 ACCESSORY BUILDINGS AND STRUCTURES.
"Accessory building or structure" shall mean a structure and/or use which is subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use. Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar structures or facilities. Such accessory structures are subject to the following additional requirements:
(a) The use of all accessory structures shall conform to the definition above, and no accessory structure shall be used for human habitation, or for commercial purposes.
(b) In the R Districts, no separate accessory structure can be erected on a vacant lot, or any lot where there is no principal residential structure.
(c) An accessory use or structure shall not exceed eighteen (18) feet in height, unless the subject property is subject to historic design review, and specific approval for a higher accessory building is granted by the Historic District Review Board, in order to promote consistency with the architectural character of the other structures on the site.
(d) An unattached use or structure shall be located to the rear of the front building line of the principal structure, within any side or rear yard no closer than six (6) feet from any side or rear lot line in the R-1A District and three (3) feet in the R-1B, R-1C, RO or MH-R Districts. In any other district, the location of accessory buildings must be approved by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
(e) The total area of all accessory uses or structures shall not exceed the greater of 1,000 square feet or 5% of the total area of the lot. Such area shall be considered as the area of all accessory uses and structures covered by a roof. Swimming pools, tennis courts and similar uncovered areas shall be exempt from these area requirements.
(Ord. 2015-76. Passed 9-22-15.)
(Ord. 2015-76. Passed 9-22-15.)
(f) Not more than one (1) moveable storage building shall be allowed on any single residential property, and such structure shall comply with the location requirements of subsection (d) above.
(g) Notwithstanding the provisions of subsection (f) above, if an individual lot has less than sixty (60) feet of lot width and no attached or unattached garage, one (1) additional moveable storage building or structure shall be allowed, provided all such structures comply with the provisions of subsections (d) and (e) above.
(h) The above restrictions shall not apply to temporary storage structures in place for less than ninety (90) days.
(Ord. 2009-85. Passed 12-8-09.)
1175.02 HOME OCCUPATIONS.
Home occupations shall be regulated as permitted, accessory or conditional uses in the various residential districts. A home occupation typically consists primarily of rendering specific personal services and/or sale or service of products. A home occupation shall comply with the following standards:
(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than twenty percent (20%) of dwelling unit floor area is devoted to the home occupation.
(b) The home occupation shall be managed by the occupant of the property. Not more than three (3) persons, other than immediate family residing at the premises, shall be employed in such occupation.
(c) The home occupation shall not generate greater traffic volume than is normal for a residential neighborhood.
(d) External indication of such home occupation shall be limited to one non-illuminated sign of not more than eight (8) square feet,
(e) No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.
(f) No home occupation shall be conducted from any accessory building on the lot.
(Ord. 2016-81. Passed 10-25-16.)
1175.03 RESIDENTIAL FENCES AND/OR HEDGES.
Fences as an accessory use or structure shall be regulated pursuant to the requirements of Chapter 1345 of the Codified Ordinances.
(Ord. 2009-85. Passed 12-8-09.)
1175.04 PRIVATE SWIMMING POOLS.
Private swimming pools as an accessory use shall be regulated pursuant to the standards and requirements of Section 1341.01 of the Codified Ordinances. A zoning certificate shall be required for the construction or installation of any private swimming pool. The owner of the property, or his agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above cited standards and requirements.
(Ord. 2009-85. Passed 12-8-09.)
1175.05 WIND TURBINE SYSTEMS.
For the purposes of these regulations, a "wind turbine system" shall mean a wind energy conversion (WEC) system consisting of a tower, a unit consisting of blades, generator and associated control or conversion electronics which have a rated capacity appropriate for on-site electrical generation and use. Wind turbine systems shall be considered a conditional accessory use requiring approval by the Planning Commission in the districts so designated below and shall require a separate zoning certificate.
(a) Small Wind Turbine Systems in Residential Districts. Not more than one (1) wind turbine system of not more than 20 kW design capacity shall be allowed as a conditional use on a single property or parcel in the RE or R-1A Districts, provided evidence is submitted to the Planning Commission that the following requirements are met:
(1) A Site Plan for the property shall be provided, showing all physical features of the lot, including landscaping and existing and proposed structures. The Site Plan shall also include an explanation of how the proposed wind turbine system can be specifically adapted to meet the requirements of the site and this Ordinance.
(2) The height of the tower of the wind turbine system shall not exceed seventy (70) feet as measured from the ground to the highest point of the tower, including the height of any building or structure upon which the tower is mounted. The specific lot shall be of such size that not less than 1.25 times the height of the tower can be provided to any property line.
(3) Notwithstanding the above, the height of the system shall not exceed the height recommended by the manufacturer or distributor of the system.
(4) The noise from the system shall not exceed 50 decibels (dBA) or 10 dBA above the documented ambient noise level as measured at the most proximate inhabited residential dwelling.
(5) The application shall include standard drawings and an engineering analysis of the structural stability of the tower, and certification of same by a Professional Engineer.
(6) The owner of the system shall certify and provide assurance that if the small wind turbine system is abandoned or otherwise inoperable for a continuous period of six (6) months or more, the system shall be removed. The reinstallation of such system shall require a new zoning certificate.
(b) Wind Turbine Systems in Non-Residential Districts. Not more than three (3) wind turbine systems of not more than 100 kW design capacity shall be considered as a conditional use in the GC, GI or IP Districts and shall be subject to the requirements of that district, as well as the following:
(1) A Site Plan for the property shall be provided, showing all physical features of the lot, including landscaping and existing and proposed structures. The Site Plan shall also include an explanation of how the proposed wind turbine system can be specifically adapted to meet the requirements of the site and this Ordinance.
(2) The height of the tower of the wind turbine system shall not exceed 120 feet as measured from the ground to the highest point of the tower, including the height of any building or structure upon which the tower is mounted. The specific lot shall be of such size that not less than 1.25 times the height of the tower can be provided to any property line.
(3) The requirements of subsection (a)(3) through (6) shall apply.
(Ord. 2009-85. Passed 12-8-09.)
1175.06 GROUP RESIDENTIAL FACILITIES.
"Group residential facilities" shall be defined and classified in Chapter 1103 of this Ordinance. A Class I Type B group residential facility, as defined in Chapter 1103, is permitted by right in any zoning district that permits single-family dwellings. A Class I Type A group residential facility shall be considered as a conditional use in the MH-R, RM or LC Districts, subject to the standards below. A Class II Type A or Type B group residential facility shall be considered a conditional use in the LC District subject to the standards below:
(a) The facility shall obtain all approvals and/or licenses as required by state and local laws.
(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.
(c) No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.
(d) The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
(f) Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.
(g) Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.
(h) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.
(Ord. 2009-85. Passed 12-8-09.)
1175.07 TELECOMMUNICATION TOWERS.
A telecommunications tower, as defined in Chapter 1103, shall be considered as a conditional use in the GC, HC, GI and IP Districts, subject to the following requirements. If a public telecommunication service provider desires to co-locate its facility on either an existing tower or utility structure, such proposed use shall be addressed as a permitted use in the respective zoning district.
(a) Conditions. In approving an application for a telecommunications tower, the Planning Commission shall determine that the following conditions are met.
(1) Applicant shall demonstrate that the height of the tower is the minimum necessary for operation; however, no tower shall exceed two hundred fifty feet (250') in height.
(2) Minimum setback for the tower from all property lines shall be at least one hundred feet (100') if applicant provides a report from a professional engineer, indicating that the proposed tower has been designed to collapse upon itself, otherwise, the minimum setback from all property lines shall be the height of the tower. In addition, any stabilization structures or guy wires shall be located at least 10 feet (10') from any property line. Setback for purposes of this provision is defined as the distance from the property line to the nearest point of the structure.
(3) The tower shall be located not less than one hundred fifty feet (150') from the property line of any property zoned or used for residential purposes, except a tower shall be located not less than one thousand feet (1,000') from a property line of any property in an R-1A or R-1B District.
(4) The minimum lot or parcel size for the site of the tower shall be one (1) acre. Only one tower shall be permitted on any such lot or parcel.
(5) An eight foot (8') high security and obscuring fence shall be maintained around the tower and any other ancillary structures, with its location being as close to the tower and such structure as possible while still allowing adequate room for maintenance, temporary vehicle parking, etc. Uncontrolled access to the tower site shall be prevented by use of an operable lock.
(6) A Site Plan drawn to scale, including complete structure elevations, location of existing and proposed structures, setbacks from property lines, and vehicle access and parking, and a proposed landscaping plan shall be submitted to and approved by the Planning Commission.
(7) If the access drive to the tower passes through or adjacent to property zoned or used for residential purposes, such driveway shall be constructed and maintained through the use of materials determined by the Planning Commission to be dust free.
(8) The tower shall not be lighted except to assure safety or as required by the Federal Aviation Administration.
(9) The applicant shall document in writing that it is unable to co-locate on existing and approved towers within the range of the proposed equipment, and shall demonstrate that its planned equipment would harm the structural capacity of existing or approved towers, that its planned equipment would cause RF interference with equipment for the existing or approved towers and cannot be shielded at a reasonable cost, that existing or approved towers do not have space on which to function in parity with similar equipment in the area, or that the fees and/or costs for shared use are unreasonable in comparison to the erection of a new tower.
(10) The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to service the applicant's service area, including submission of RF propagation maps showing the necessity of the proposed site.
(11) Underground wiring and utilities to the site shall be required.
(12) Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the tower.
(13) No employee shall be employed on a regular basis at the tower site.
(14) An obsolete or unused tower shall be removed within ninety (90) days after the tower's use is discontinued.
(15) The tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the Federal Aviation Administration or Federal Communications Commission.
(16) No advertising is permitted anywhere on the site.
(17) Warning signs shall be posted around the site with the telephone number of who to contact in the event of an emergency.
(18) Applicant shall provide a signed statement indicating that it agrees to allow for potential co-location of other similar facilities on its tower, if approved.
(19) Applicant shall produce a license to operate such telecommunications tower in the Galion area, if such license is required.
(20) The tower must be built and inspected in accordance with ANSI/EIA/TIA-222-E code.
(21) A non-refundable fee of one hundred fifty dollars ($150.00) shall be paid to the Planning Commission for review of each application for a telecommunication tower. In addition, applicant shall be responsible for fees incurred to hire an outside contractor to review plans. A building and electrical permit must be applied for prior to erecting a telecommunication tower and the fees for such permits are in addition to the above fee to the Planning Commission.
(b) Exceptions. The following are exempt from the regulations established above.
(1) Telecommunications towers that a resident uses for receiving commercial television or radio for personal entertainment or educational purposes in accordance with 47 CFR, commonly known as the Federal Communications Commission Rules and Regulations.
(2) Recognizing the need for the possibility of emergency communications in time of disaster, telecommunications towers used by Federal Communications Commission licensed Amateur Radio Operators.
(c) Interference. In the event that signals to and/or from the telecommunications tower causes interference to any radio or television operated by any resident within the immediate area, the resident shall notify the system owner, who shall immediately investigate the complaint and take proper action at no expense to the resident
(Ord. 2009-85. Passed 12-8-09.)
1175.08 RESIDENTIAL HANDICAPPED RAMPS.
A residential handicapped ramp as defined in Section 1103.02 shall be considered a permitted use in all residential zoning districts subject to the following requirements:
(a) Residential handicapped ramps shall be placed no closer than three (3) feet from any front, side or rear lot line.
(b) Residential handicapped ramps are exempt from the lot coverage limitations imposed by individual zoning districts.
(Ord. 2012-93. Passed 12-11-12.)
1177.01 PURPOSE.
The purpose of these landscaping requirements is to promote and protect the public health, safety and welfare through the promotion of environmental sustainability by recognizing the vital importance of tree growth as an integral part of the ecological system. It is further the purpose of this Section to specifically encourage the preservation and replacement of major trees removed in the course of land development, to promote the proper utilization of landscaping as a buffer between particular land uses, and to minimize noise, air and/or visual pollution and artificial light glare.
(Ord. 2009-85. Passed 12-8-09.)
1177.02 TREE PRESERVATION.
When preparing and reviewing subdivision plans and preliminary and final development plans, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas should be laid out to avoid unnecessary destruction of heavily wooded areas or outstanding tree specimens.
(Ord. 2009-85. Passed 12-8-09.)
1177.03 LANDSCAPE SCREENING.
(a) Screening in Particular Districts. The development standards for particular districts require the installation of screen or buffer areas of side or rear yards that are adjacent to districts where residences are permitted uses. When required by the specific district development standards, such screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or an acceptable combination of these elements. Such areas shall be a minimum of ten (10) feet wide and contain screening at least seven (7) feet in height at the time of planting. The use of year-round vegetation, such as pines or evergreens, is encouraged. Landscaped screening shall have at least seventy-five percent (75%) opacity during full foliage.
(b) Screening of Trash Receptacles. The development standards for particular zoning districts require the screening of trash receptacles to effectively screen them from view. In those cases where screening is required, landscaping can be utilized to meet this requirement, provided the standards for such landscaping meet the requirements of this Section.
(c) Maintenance of Shrubbery and Hedges. In any district, no shrubbery, hedge and/or other vegetation shall be planted, in such a manner that any portion of growth extends beyond the property line. The owner or occupant of property on which there is shrubbery, hedges, trees and/or other vegetation located so as to affect the vision of drivers on adjacent streets shall keep such vegetation trimmed to a maximum of thirty (30) inches in height, and keep trees trimmed so as to avoid covering or obscuring of traffic visibility or traffic control signals.
(Ord. 2009-85. Passed 12-8-09.)
1177.04 LANDSCAPE MATERIALS USED AS BUFFERS.
Landscape materials utilized in meeting requirements of this Section should complement the form of existing trees and plantings, as well as the general design and architecture of the developed area. The type of sun or shade should be considered in selecting plant materials. Artificial plants are prohibited. All landscape materials shall be living plants and shall meet the following requirements:
(a) Deciduous Trees. Trees which normally shed their leaves in the fall, shall be species having an average mature crown spread of greater than fifteen (15) feet and having trunks which can be maintained with over five (5) feet of clear wood in areas where visibility is required, except at vehicular use intersections where the clear wood requirement shall be eight (8) feet. A minimum of ten (10) feet overall height, or a minimum caliper (trunk diameter as measured six inches above the ground) of at least two (2) inches immediately after planting shall be required. Trees of undesirable species, as cited in subsection (b) below, are prohibited.
(b) In meeting the planting and maintenance requirements of this Ordinance, the following species of trees shall be considered undesirable species, and shall not be utilized.
(1) Box-Elder (Acer negundo)
(2) Silver Maple (Acer saccharinum)
(3) Catalpa (Catalpa speciosa)
(4) Tulip Tree (Liriodendrum tulipfera)
(5) Mulberry (Morus alba)
(6) Poplars and Cottonwoods(all kinds) (Populus)
(7) Willows (all kinds) (Salix)
(8) Siberian Elm (Ulmas pumila)
(c) Evergreen trees. Evergreen trees shall be a minimum of three (3) feet high with a minimum caliper of one (1) inch immediately after planting.
(d) Shrubs and Hedges. Shrubs shall be planted at least two (2) feet in average height when planted and shall conform to specified requirements within four (4) years after planting.
(e) Grass or Ground Cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns, and may be sodded or seeded. In swales or similar areas subject to erosion, nets or suitable mulch shall be used; nurse grass shall be sown for immediate protection until complete coverage otherwise is achieved. In certain cases, ground cover consisting of rocks, pebbles, sand or similar materials may be approved.
(Ord. 2009-85. Passed 12-8-09.)
1179.01 PURPOSE.
The purpose of these requirements is to encourage the orderly development of parking and loading areas within the City and to promote the safety of residents and visitors by insuring the efficient handling of vehicular traffic.
(Ord. 2009-85. Passed 12-8-09.)
1179.02 PROVISION FOR PARKING REQUIRED.
In all zoning districts, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased in capacity, there shall be provided off-street parking spaces in accordance with the provisions of this Chapter.
(Ord. 2009-85. Passed 12-8-09.)
1179.03 GENERAL REQUIREMENTS.
(a) Area and Dimensions - Parking Spaces.
Minimum Width (Measured in Feet Parallel to Aisle) | Minimum Length (Feet) | Maneuvering Lane (Width in Feet) | |
Parallel Parking | 9 | 23 | 12 |
30-53 Degree Angle Parking | 13 | 20 | 15 |
54-74 Degree Angle Parking | 10 | 20 | 20 |
75-90 Degree Angle Parking | 10 | 20 | 24 |
(b) Area and Dimensions - Loading Spaces.
Length | Width | Height Clearance |
30 feet | 12 feet | 15 feet |
(c) Access. All off-street parking and loading areas provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley.
(d) Surfacing. All off-street parking areas shall be properly graded, drained, marked and surfaced so as to provide a hard, durable and dustless surface. All off-street parking and loading areas located in front yard setbacks, serving other than single-family residential uses, shall be paved with asphalt, Portland concrete, brick or other similar material.
(e) Landscaping. In order to facilitate the absorption of storm water in parking areas, the following landscaping requirements shall apply
(1) A landscaped strip of not less than five (5) feet in width shall be provided on front, side and rear sides of all parking areas. The landscaped strip shall conform to the requirements of Chapter 1177 of this Ordinance and shall include one (1) tree for each thirty (30) feet or fraction thereof.
(2) In addition to the perimeter landscaping required above, parking areas of five (5) spaces or more shall provide maintained landscaped areas on the interior of such parking areas to comprise, at a minimum, five (5) percent of the total parking area.
(3) Concrete curbs, vehicle wheel stops or similar permanent devices shall be provided within all parking areas to prevent vehicles from encroaching on landscaped areas.
(f) Drainage. All new or redeveloped parking areas having ten (10) or more spaces shall be required to have prepared a plan clearly showing how surface and storm water from the site will be addressed. Such plan shall be submitted with the application for a zoning certificate and shall be subject to approval by the City Engineer.
(g) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.
(h) Location of Parking Spaces. In the LC and U Districts, required parking and loading spaces shall be provided either on the same lot, or within 300 feet of the principal use which they serve. In all other Districts, required parking and loading spaces shall be provided on the same lot as the principal use which they serve.
(i) Joint Provision of Parking Facilities. Two or more buildings or uses located in the same area may meet parking and loading requirements by the joint provision of parking and loading facilities, provided those facilities are located so as to meet the requirements of subsection (h) above, and the number of spaces so provided shall not be less than the sum of required spaces as per Section 1179.04 of this Ordinance. A written agreement between the parties stating the terms under which the proposed parking shall be developed and maintained shall be filed with the application for a zoning certificate.
(j) Provision of Parking in the U District. The Uptowne District contains small lots and is served by on-street parking. For these reasons, special regulations are justified in this district. Non-residential uses located within the U District must provide only twenty-five percent (25%) of the required spaces as specified in Section 1179.04, provided that - in all cases - sufficient off-street spaces shall be provided for all employees of the establishment.
(k) Parking Limitations in Residential Districts. The storage of travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers and similar recreational equipment, commercial trucks and/or inoperable vehicles shall be subject to the following requirements:
(1) Inoperable and/or unlicensed vehicles shall not be stored in front yards in any R district.
(2) Not more than two (2) pieces of recreational equipment, not more than one (1) of which can be a motor home, shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of these regulations, a boat stored on a boat trailer shall be deemed one (1) piece of recreational equipment.
(3) For multi-family uses, an area shall be designated for outdoor storage of recreational equipment and shall be limited in area to accommodate no more than one (1) piece of recreational equipment for each fifteen (15) dwelling units.
(4) Recreational equipment shall not be occupied or used for sleeping, housekeeping or business purposes.
(Ord. 2009-85. Passed 12-8-09.)
1179.04 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.
Parking spaces shall be provided according to the following Schedule, which is hereby made a part of this Ordinance. If a use consists of more than one (1) component (e.g., a school with a stadium) the required number of parking spaces shall be the sum of the required spaces for those component uses.
SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES | |
USE | NUMBER OF REQUIRED SPACES |
(a) Residential | |
(1) Single or multiple- family residences | Two (2) per dwelling unit |
(2) Institutional housing, other residential uses | One (1) per three (3) occupants plus two (2) for each main work shift |
(b) Commercial | |
(1) Professional, administrative and business | One (1) for each 300 S.F. of gross floor area |
(2) Food, department, general merchandise, hardware, drugs, or other retail sales, including convenience stores. | One (1) for each 200 S.F. of gross floor area |
(3) Eating or drinking establishments without drive-through facilities | One (1) for each 100 S.F. of gross floor area |
(4) Eating or drinking establishments with drive-through facilities. | One (1) for each 75 S.F. of gross floor area plus additional space in the drive-through lanes equal to twenty-five percent (25%) of the required number of parking spaces |
(5) Personal services, including banks, savings and loans, and repair services without drive-through facilities. | One (1) for each 300 S.F. of gross floor area |
(6) Personal services, including banks, savings and loans, and similar services with drive-through facilities. | One (1) for each 200 S.F. of gross floor area plus additional space in drive-through lanes equal to eighty percent (80%) of the required number of parking spaces |
(7) Barber and beauty shops | Two (2) for each work station |
(8) Gasoline and service stations, automobile service | Two (2) for each service bay plus one (1) for each pump, plus one (1) for each employee during the main shift |
(9) Self-serve laundries | One (1) for each three(3) washers. |
SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES (Cont.) | |
USE | NUMBER OF REQUIRED SPACES |
(10) Medical and dental offices, human clinics | Four (4) for each doctor or dentist |
(11) Veterinary clinics, animal hospitals | Three (3) for each doctor |
(12) Hotels, bed-and-breakfast establishments | One (1) for each sleeping room plus one (1) for each employee during the main shift |
(13) Funeral homes | One (1) for each 50 S.F. of gross floor area |
(c) Industrial | |
(1) Any manufacturing, processing, packaging, warehousing, distribution or service industry | Two (2) for each three (3) employees during work shift having greatest number of employees, plus one (1) for each vehicle maintained on the premises |
(d) Institutional | |
(1) Churches and places of public worship | One (1) for each four (4) seats in main sanctuary |
(2) Public or private elementary or secondary school | Four (4) for each classroom, or one (1) for each five (5) seats in main auditorium, whichever is greater |
(3) Business, trade, or technical school, college or university | One (1) for each two (2) students and one (1) for each faculty member |
(4) Nursery School/Day Care | One (1) for each fifteen (15) students |
(5) Libraries, museums, community centers and similar facilities | One for each 400 SF of gross floor area |
(6) Civic, social and fraternal organizations | One (1) for each three (3) persons allowed in main meeting room at full capacity |
(7) Hospitals, nursing facilities | One (1) for each four (4) beds plus one (1) per employee on main shift |
SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES (Cont.) | |
USE | NUMBER OF REQUIRED SPACES |
(e) Recreational | |
(1) Baseball, softball, football, soccer or similar organized sport playfield | Twenty (20) for each playfield, plus one for each six (6) seats in stands |
(2) Tennis, handball or racquetball courts | Three (3) for each court |
(3) Bowling alleys | Four (4) per lane, plus necessary spaces as required for auxiliary uses such as restaurants |
(4) Theatres, stadiums, sports arenas, auditoriums or other assembly halls other than schools | One (1) for each four (4) seats |
(5) Indoor recreational facilities in which seating is secondary to the principal use, e.g., roller rinks and similar venues | One (1) for each three (3) persons allowed in main room/area at full capacity |
(Ord. 2009-85. Passed 12-8-09.)
1181.01 PURPOSE.
The purpose of these regulations is to encourage the proper development of signage systems that promote an economic and business environment while protecting the general health, safety, and welfare of the citizens of the City of Galion. The use of good judgment, in addition to the regulations stated herein, is encouraged in the installation and display of all signs.
(Ord. 2013-39. Passed 5-28-13.)
1181.02 DEFINITIONS.
As used in this Chapter, the following words or phrases shall have the meanings herein:
(a) "Sign" means any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product. Unless otherwise indicated, the term "sign" shall include any support structures.
(b) Other Definitions
(1) "Awning" means a hood or cover that projects from the wall of a building.
(2) "Banner" means a non-rigid cloth, plastic or canvas sign typically related to a special event or promotion. For the purposes of this Chapter, the term "banner" shall not include official flags of public entities, or civic, philanthropic, educational or religious organizations.
(3) "Billboard" means an off-premises sign that is more than two-hundred (200) square feet in area.
(4) "Canopy" means a structure separate from, but associated by use with the principal building, which is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. A "canopy sign" is a sign that is attached to or a part of the roof of such a structure.
(5) "Changeable copy sign" means a sign in which the material or message composing the sign, in whole or in part, is manually or mechanically changeable. This definition does not include digital display signs.
(6) "Digital display sign" means a sign which uses digital technology to produce a bright clear image which automatically changes on a programmed interval.
(7) "Directional sign" means any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered.
(8) "Flashing sign" means a sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
(9) "Freestanding sign" means a sign which is wholly independent of any building for support.
(10) "Joint Identification sign" means a sign intended to provide the identity or name, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two or more businesses.
(11) "Marquee" means an awning that has been constructed primarily so as to support a sign. "Marquee sign" means a sign that is attached or mounted to a marquee.
(12) "Mural" means a large picture or graphic generally free of a written message that is painted or attached directly to an exterior building surface.
(13) "Off-premises sign" means any sign that identifies or provides information related to a good, service or event that is not located on the property where such sign is located.
(14) "Permanent sign" means a sign intended to be erected or used, or in fact which is used for time period in excess of ninety (90) days.
(15) "Temporary Portable sign" means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and shall include:
A. "Trailer sign" meaning a sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved.
B. "Illuminated portable sign" means an internally illuminated portable sign similar in design to a trailer sign, but without a chassis or explicit provision for the mounting of wheels.
C. "Folding portable sign" meaning a sign constructed of wood or other durable material which can be folded or collapsed for ease of transport.
(16) "Projecting sign" means a sign which extends outward perpendicular to the building face.
(17) "Roof sign" means any sign erected upon or completely over the roof of any building.
(18) "Temporary sign" means a sign intended to be used, or in fact used, for a time period of ninety (90) days or less.
(19) "Vending machine sign" means a permanent sign installed by the manufacturer on a fuel pump, vending machine, or similar outdoor object.
(20) "Wall sign" means a sign attached to a building face, with the exposed face in a plane parallel to the plane of the wall. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings.
(21) "Window sign" means a sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.
(Ord. 2013-39. Passed 5-28-13.)
1181.03 SIGNS EXCLUDED FROM REGULATIONS.
The following signs are excluded from the regulations and requirements of this Chapter:
(a) Signs not exceeding four (4) square feet in area that are customarily associated with residential use and are not of a commercial nature, including address and/or name of occupants of the structure, signs on mailboxes or newspaper tubes, signs posted on property related to private parking, and signs warning against trespassing or danger from animals.
(b) Signs erected by a governmental entity for a recognized public purpose and duly authorized by any law, statute or ordinance. Such signs include legal notices and traffic control or safety devices, provided such signs carry no supplementary advertising.
(c) Signs which are in the nature of cornerstones, commemorative tablets and historic designations, provided such signs are less than nine (9) square feet in size.
(d) Signs clearly in the nature of decorations associated with a national, local or religious holiday.
(e) Flags or insignias of any governmental entity when not displayed as an advertising device, or in connection with any commercial promotion.
(f) Flags or banners not more than fifteen (15) square feet in area associated with an active business indicating "open" or "closed".
(Ord. 2013-39. Passed 5-28-13.)
1181.04 PROHIBITED SIGNS.
Signs that are not specifically permitted in this Chapter shall be considered as prohibited. Without restricting or limiting the generality of the foregoing provisions, the following signs are specifically prohibited:
(a) Any sign that contains a light source that flashes or blinks.
(b) Any sign that obstructs any part of a doorway, exit or fire escape.
(c) Any sign that resembles or is intended to resemble a traffic control device, or is located in such a manner so as to obscure or impact the effectiveness of such traffic control device or signal.
(d) Any sign affixed to any utility pole, street tree or otherwise located within the street right-of-way. Such signs may be subject to confiscation at any time by city employees or authorized personnel. Confiscated signs will be stored for a minimum of fourteen (14) calendar days during which time they may be reclaimed by any interested party. Signs may be reclaimed at the City of Galion Street Department during normal business hours.
(e) Any signs located in such a manner as to create a safety or visibility hazard.
(Ord. 2013-39. Passed 5-28-13.)
1181.05 SIGN PERMITS AND ADMINISTRATION.
Signs shall be permitted and administered under the following provisions:
(a) Permit Required. No permanent or temporary sign, except as exempted in Sections 1181.03, 1181.06 or 1181.07 of this Chapter shall hereafter be erected, constructed or altered within the City of Galion unless a permit for the same has been issued by the Code Inspector. Application for a permit shall be made by the owner of sign or the property upon which the sign is proposed, or his/her agent on forms as provided by the City. An application for a permit to erect a sign shall contain, at a minimum, a drawing of the sign including its size, its location on the lot, and specific information regarding its construction. Signs and their associated structure and systems under the jurisdiction of the Ohio Building Code or the Residential Code of Ohio, shall be approved and maintained according to the provisions thereof.
(b) Action on Sign Permit. The Code Inspector shall issue a sign permit upon submittal of a completed application and payment of applicable fees if he/she determines that the provisions of this Ordinance have been met. If the application for a sign permit is denied, the applicant shall be given written notice of such denial, along with the reasons therefor.
(c) Appeals. Any decision made by the Code Inspector under the terms of this Chapter may be appealed to the Board of Zoning Appeals in the manner set forth in Chapter 1115. (Ord. 2013-39. Passed 5-28-13.)
1181.06 SIGNS WHICH DO NOT REQUIRE A PERMIT.
The following signs may be erected without a permit; such signs, however, shall be subject to all other provisions of this Chapter:
(a) Signs that indicate the sale, development, rental or lease of a particular structure or land area, provided such sign does not exceed sixteen (16) square feet in area. One such sign shall be allowed per street front.
(Ord. 2013-39. Passed 5-28-13.)
(b) Signs or posters concerning candidates for elective office, public issues and similar matters to be decided by public election, to be displayed beginning not more than forty-five (45) days prior to the first day on which votes may be cast for the election, and to be removed not later than three (3) days after such election. Such signs shall not exceed twelve (12) square feet in area, shall not be illuminated and shall not be located within a public right-of-way nor be affixed to any public utility pole or street tree. In addition such sign shall not be located in any manner so as to create a safety or visibility hazard.
(Ord. 2014-43, Passed 6-10-14.)
(c) Credit card decals, store hour specifications, "open" or "closed" signs, or similar signs that do not exceed an aggregate area of eight (8) square feet.
(d) Joint identification signs, which are less than sixteen (16) square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building, which denote the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries.
(e) A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign.
(f) Construction signs which display the identification of the construction project, including identification of the contractors, architects and other construction principals. Such construction sign shall be removed upon the completion of construction or the commencement of occupancy, whichever event occurs first.
(g) Signs promoting community events and programs which are sponsored by nonprofit, public, educational, religious or charitable organizations. All such signs shall be removed not later than three (3) days after the scheduled activity.
(h) Window Signs
(i) Signs determined by the Planning Commission to be similar to those specified in subsection (a) through (h) above.
(Ord. 2013-39. Passed 5-28-13.)
1181.07 TEMPORARY SIGNS.
Except as otherwise specified in this section, temporary signs shall be exempt from regulation in all zoning districts.
(a) Signs in U District One (1) temporary sign per building frontage may be placed on the sidewalk during business hours provided the sign is placed next to the building and does not obstruct more than one-third (1/3) of the available sidewalk width.
(Ord. 2013-39. Passed 5-28-13.)
1181.08 GENERAL REQUIREMENTS - PERMANENT SIGNS.
Permanent signs shall be subject to the following requirements:
(a) Wall Signs. Wall signs may be erected on any building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback line. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of twelve (12) inches.
(b) Marquee, Canopy and/or Awning Signs. Canopy signs may be painted on an awning area or attached to a canopy or roof which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee. Canopy or marquee signs shall be a minimum of nine (9) feet above ground level. If a marquee, canopy or awning sign consist of two (2) faces facing two (2) directions and each face having the same message, it shall be considered as one (1) sign.
(c) Projecting Signs. Projecting signs shall be placed not less than nine (9) feet above the sidewalk or ground level, and project not more than six (6) feet outward from the building face.
(d) Freestanding Signs. The location, height and other characteristics of freestanding signs must meet the requirements of this Chapter.
(e) Permanent Window Signs. Permanent window signs shall be unrestricted in all zoning districts.
(f) Off-Premises Signs. Off-premises signs, not including billboards, shall be considered as an accessory use in all nonresidential districts. Not more than one (1) off-premises sign with a sign face area not exceeding twenty (20) square feet is permitted on a single lot. Off-premises signs shall conform to height restrictions for structures in the zoning district where they are located.
(g) Digital Display Signs. Digital display signs shall be considered a permitted use in GC, HC and IP Districts. Digital display signs shall be considered a conditional use in all other districts, requiring specific approval of the Planning Commission. Digital display signs shall be allowed only on properties having direct frontage on state and federal highways as designated on the primary system. Digital display signs which are also billboards shall meet the requirements of subsection (h) below. The digital display of text and graphics associated with this type of sign shall not be considered to flash, blink, or provide constant illumination.
(h) Billboards. Billboards shall be allowed only on properties having direct frontage on federal highways as designated on the primary system. The erection of all billboards shall comply with all federal and state requirements. All billboards shall be not greater than forty-five (45) feet in height. The maximum display area for any billboard shall not exceed 300 square feet per side. Billboards shall not be located within 200 feet from the right-of-way of the highway or within 1,500 feet from any residence or district where single-family residences are a permitted use. No billboard shall be erected within 1,000 feet from any other billboard.
Nothing in this Ordinance shall prohibit the changing or alteration of the display surface of any otherwise lawful billboard.
(i) Vending Machine Signs. For the purposes of this Chapter, vending machines with attached signs shall be treated as permanent signs. Vending machine signs shall not be included in the number of permitted signs pursuant to subsection (j)(11) below; however, vending machine signs shall meet the requirements for illuminated signs in subsection (j)(1) below. In addition, if a vending machine sign is located on a lot adjacent to any single-family residence, such sign shall be positioned or shielded so as not to be visible from such residence.
(j) General Requirements.
(1) Illumination. Illuminated signs shall be permitted in the LC, HS, GC, U, GI and IP Districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, or in any manner fail to provide constant illumination, and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a safety hazard to vehicular movement on any street. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.
(2) Pennants and/or Streamers. No permanent sign shall contain or consist of banners, pennants, ribbons, streamers, balloons or similar devices.
(3) Construction. All signs and parts thereof, including any electrical wiring, shall be erected, constructed, and maintained so as to not constitute a safety hazard. The construction and installation of all signs shall be subject to inspection and approval by the City and/or the State of Ohio.
(4) Changeable Copy Signs. Changeable copy signs shall be permitted in the RO, LC, HS, GC, U, GI and IP Districts. The number, height and area of changeable copy signs shall be determined by the structural type of the sign, i.e., freestanding, wall, projecting, etc. as cited elsewhere in these regulations.
(5) Permanent Subdivision Identification Signs. Such signs shall be limited to wall mounted or freestanding signs only, with placement on walls, columns or similar architectural or landscaped entrance features used to denote the entrance to the subdivision.
(6) Joint Identification Signs. Joint identification signs shall be limited to wall or freestanding signs, and to premises where there are two (2) or more uses located on one (1) property or two (2) adjoining properties. Joint identification signs shall be limited to one (1) per street frontage.
(7) Signs in U District. Notwithstanding the other provisions of this Ordinance, a sign within the U District may extend into the right-of-way, provided the applicant demonstrates that, due to the location of the building or other physical characteristics of the lot, the erection of an alternative sign outside the right-of-way is not feasible. In addition, such applicant shall obtain a revocable license for such encroachment from the City and shall certify that such sign shall be subject to subsequent removal at the owner's expense, if so required by the Ohio Department of Transportation (ODOT) and/or the City.
(8) Murals. Murals, as defined in Section 1181.02 (b)(12) above, shall be allowed as a conditional use within the U District, subject to approval by the Planning Commission.
(9) Signs in PUD District. Signs in the PUD District shall reflect the standards for similar uses in other districts. The applicant shall submit a total signage plan for the proposed development as part of the Development Plan.
(10) Signs in the Design Review District(s). All permanent signs in the various Design Review Districts as designated by the city shall be subject to additional standards and approval by the Design Review Board having authority in the respective District.
(11) Schedule of Sign Regulations. The Schedule of Sign Regulations as follows on TABLE I is hereby made a part of this Ordinance.
SECTION 1181.08(j)(11)/TABLE I
PERMITTED NUMBER AND STRUCTURAL TYPE OF SIGNS
(PERMANENT ON-PREMISES SIGNS)
USE / DISTRICT | PERMITTED SIGN TYPES | MAXIMUM NUMBER OF SIGNS |
Residential | ||
Subdivision Identification Sign in all districts | * All Types | 2 per entry |
Two- and Multi-Family Dwellings in all districts | * All Types | 1 |
Nursery Schools, Day Care in all districts | * All Types | 1 per frontage |
Commercial/Office/Institutional | ||
Schools, churches, and other public facilities in all districts | * All Types | 1 per frontage |
Buildings housing Essential Services and similar public facilities | * All Types | 1 per frontage |
Permitted / conditional uses in RO District | * All Types | 1 |
Permitted / conditional uses in the LC District | * All Types | 2 per frontage (only one freestanding) |
Permitted/conditional uses in the HS District | * All Types | 2 per frontage (only one freestanding) |
Permitted/conditional uses in the GC District | * All Types | 2 per frontage (only one freestanding) |
Business/professional offices in the U District | * All Types | 2 per frontage (only one freestanding) |
Other commercial uses in the U District | * All Types | 2 per frontage (only one freestanding) |
Industrial | ||
Permitted / conditional uses in the GI and IP Districts | * All Types | 2 per frontage (only one freestanding) |
*All sign types shall be permitted in all districts unless specifically prohibited or restricted by other provisions of this Chapter.
SECTION 1181.08(j)(11)/TABLE I (CONTINUED)
SIGN AREA, HEIGHT AND DISTANCE FROM R.O.W.
(PERMANENT ON-PREMISES SIGNS)
USE / DISTRICT | MAXIMUM SIGN AREA (SQ. FT.) | MAXIMUM HEIGHT (FEET) | MINIMUM DISTANCE FROM R.O.W. ** |
Residential | |||
Subdivision Identification Sign | 20 | 5 | 10 |
Two- and Multi-Family Dwellings in all districts | 20 | 10 | 10 |
Nursery Schools, Day Care in all districts | 10 | 15 (wall) 6 (freestanding) | 10 |
Commercial/Office/Institutional | |||
Schools, churches, and other public facilities in all districts | * see below | 20 (wall) 10 (freestanding) | 10 |
Buildings housing Essential Services and similar public facilities | * see below | 15 (wall) 10 (freestanding) | 10 |
Permitted / conditional uses in RO District | 12 | 15 (wall) 6 (freestanding) | 10 |
Permitted / conditional uses in the LC District | * see below | 15 (wall) | 10 |
Permitted/conditional uses in the HS District | * see below | 15(freestanding) 20 (other types) | 10 |
Permitted/conditional uses in the GC District | *see below | 15(freestanding) 20 (other types) | 10 |
Business/professional offices in the U District | *see below | 20(wall) 10 (freestanding) | - |
Other commercial uses in the U District | *see below | 20 (wall) 10 (freestanding) | - |
Industrial | |||
Permitted / conditional uses in the GI and IP Districts | * see below | 15 (freestanding) 20 (other types) | 10 |
*Freestanding Sign - No size restrictions.
*Wall/Roof Sign - 1 square foot for each lineal foot of building width. Sign area may be increased
10% for each additional 50 feet of setback.
*Projecting Sign - 1 square foot for each 4 feet of building width.
**Distance from R.O.W applicable to freestanding signs only.
NOTES / TABLE I:
• For the purposes of calculating the number of permitted signs, "frontage" shall be interpreted as frontage on a publicly dedicated and improved street. Businesses which abut public alleys or driveways may place one (1) additional sign facing said alley or driveway.
• Plans for signage in the HC and PUD Districts must be submitted with the required Development Plan; the Planning Commission may impose additional requirements.
• In all districts where so permitted, uses having drive-through facilities shall submit a specific site plan for signage, showing the type, size and location of all permanent signs, including directional signs and menu boards. Such site plan shall be subject to the review and approval of the Planning Commission.
• Buildings or developments with multiple business occupants, i.e., shopping centers, shall be permitted one (1) joint identification sign per street frontage in addition to signage permitted above. If such sign is a freestanding sign, no individual business within such building or development shall use a separate freestanding sign.
• In addition to the designated number of permitted signs, nonresidential uses along arterial or collector highways within the HS, GC, HC and IP Districts shall be allowed a maximum of two (2) directional signs, each not exceeding two (2) square feet in area. Such directional signs shall clearly be for the purpose of designating entrances and/or exits and directing customers to the internal circulation network on the site.
• The Galion Community Hospital has special and unique needs for signage directly related to its role as a regional provider of health and safety functions. These needs are likely to be different and exceed those of other business, public and institutional uses. Any new signs requested by the Galion Community Hospital shall be accompanied by a written explanation of why the specific request is necessary for the delivery of services to the community, and how the proposed sign(s) is/are integrated with the existing signage system. The Planning Commission shall have the authority to approve the proposed signs after review of the submittal.
(Ord. 2013-39. Passed 5-28-13.)
1181.09 MEASUREMENT OF SIGNS.
For the purposes of this Chapter, the measurement of sign area shall comply with the following standards:
(a) Sign area shall include the face of all the display area of the sign not including bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the design.
(b) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign, unless one of the following exceptions apply:
(1) Two (2) display faces join back-to-back and parallel to each other and not more than twelve inches (12") apart,
In such cases, the area of the sign shall be considered as one (1) of the two (2) sign faces.
(c) For spherical signs, the sphere shall be bisected by an imaginary line through the center of the sphere, and the surface area of the half sphere shall be counted as the sign face. For cubical signs, the area of all display faces shall be included in determining the area of the sign.
(d) The area of the letters, numbers or emblems mounted directly on a building wall or wall extension shall be computed by enclosing the entire word or words formed by such letters, numbers or emblems with the smallest single continuous perimeter consisting of rectangular or series of rectangles, and determining the area within such perimeter.
(e) The height of the sign shall be measured from the elevation of the ground at the point which the base of the sign meets the ground, to the highest point on the sign.
(Ord. 2013-39. Passed 5-28-13.)
1181.10 NONCONFORMING SIGNS.
Nonconforming signs shall be regulated and maintained under the following conditions:
(a) Continuance of Existing Signs. Except as otherwise provided below, nothing in this Article shall require the removal or discontinuance of a lawfully existing sign.
(b) Abandonment. The continuance of an existing sign which does not meet the regulations and requirements of this Article shall be deemed a nonconforming sign which shall terminate by abandonment when any of the following conditions exist:
(1) When the sign is associated with an abandoned use.
(2) When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 120 consecutive days. Seasonal businesses are exempt from this requirement.
(3) When the sign, together with all supports, braces, guys and anchors is not maintained in a proper state of repair and/or the immediately surrounding premises is not maintained by the owner, or his agent, in a clean, sanitary and inoffensive condition, free from all obnoxious substances, rubbish and weeds.
Upon finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.
(c) Relocation or Replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this Section.
(d) Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
(1) The size and structural shape of the sign shall not be changed or altered. The copy may be changed provided that the change applies to the original use associated with the sign at the time the sign became nonconforming, and a permit is obtained. The copy area shall not be enlarged.
(2) In cases where damage has occurred to a sign, the sign shall be repaired or removed within ninety (90) days.
(e) Inspection and Removal. If any sign is found, upon inspection, to constitute a hazard to public safety, such sign shall be subject to immediate removal by order of the City, with the costs associated with such removal assessed to the owner of the property. (Ord. 2013-39. Passed 5-28-13.)
1181.11 MAINTENANCE.
All Signs shall be maintained in accordance with the provisions of Chapter 1315 of the Galion Codified Ordinance, the Residential Code of Ohio and the Ohio Building Code.
(Ord. 2013-39. Passed 5-28-13.)
1181.12 APPEALS AND VARIANCES.
Variances to this Chapter may be granted pursuant to the procedures and policies set forth in Chapter 1115.
(Ord. 2013-39. Passed 5-28-13.)
1181.13 REMEDIES.
In the event any sign is erected, constructed, reconstructed, altered, repaired, or maintained contrary to and in violation with any of the provisions of this chapter, then, in addition to and not in lieu of other action as may be provided in this chapter, the Mayor, his/her agent, or other proper authority of the City, may institute injunction, mandamus or other legal proceedings as may be necessary to abate such violation and/or to cause the removal of any illegal sign.
(Ord. 2013-39. Passed 5-28-13.)
1181.14 AMENDMENTS.
1181.99 PENALTY.
Any person, firm, corporation, partnership or association violating any provision of this Chapter or failing to obey any lawful order issued pursuant to its terms shall be subject to fines and penalties as specified in Chapter 1119.
(Ord. 2013-39. Passed 5-28-13.)
1183.01 PURPOSE.
The purpose of this Chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the City.
(Ord. 2009-85. Passed 12-8-09.)
1183.02 DEFINITIONS.
(a) "Adult Entertainment Facility" means any establishment which is involved in one or more of the following listed categories.
(1) "Adult Book Store" means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on "specified sexual activities" or "specified anatomical areas" as defined below.
(2) "Adult Motion Picture" means a facility for the display of motion pictures which is regularly used or utilizes fifteen percent (15%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
(3) "Adult Entertainment Business" means any establishment involved in the sale of services or products characterized by the exposure or presentation of "specified anatomical areas" or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
(b) "Specified Sexual Activities" means any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
(c) "Specified Anatomical Areas" mean any of the following:
(1) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state.
(d) "Fine Art Gallery" means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
(e) "Sexually explicit nudity" means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
(f) "Sadomasochistic sexual abuse" means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
(g) "Visibly displayed" means the material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(Ord. 2009-85. Passed 12-8-09.)
1183.03 EXCEPTIONS.
Nothing in this Chapter shall be construed to pertain to:
(a) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.
(b) The exhibition and/or performance of any play, drama tableau, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
(Ord. 2009-85. Passed 12-8-09.)
1183.04 LOCATION.
Adult Entertainment Facilities shall be considered a conditional use in the GC District, and are subject to the following conditions:
(a) No adult entertainment facility shall be established within 1,500 feet of any residence or district where residences are a permitted use.
(b) No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library, or teaching facility, whether public or private, when such school, library, or teaching facility is attended by persons under 18 years of age.
(c) No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons under 18 years of age.
(d) No adult entertainment facility shall be established within a radius of 1,500 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.
(e) No adult entertainment facility shall be established within a radius of 1,500 feet of any other adult entertainment facility.
(f) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(g) All building openings, entries, windows, etc. for adult entertainment uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.
(h) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi-public area.
(Ord. 2009-85. Passed 12-8-09.)