Groveport City Zoning Code
TITLE SEVEN
Supplemental Land Use Regulations
1170.01 PURPOSE.
The purpose of these provisions is to establish rules that regulate the operation and location of Medical Marijuana Facilities in the City of Groveport. The standards in this section are intended to insure compatibility of Medical Marijuana Facilities with the other uses in the areas in which they are located. (Ord. 19-011. Passed 4-22-19.)
1170.02 WHERE PERMITTED.
Medical Marijuana Facilities, as defined in Chapter 1102 (Definitions), shall be allowed as a Permitted Use under the Limited Industrial (LI) or Planned Industrial Park (PIP) zoning districts. In addition to the requirements of those districts, the following standards shall also apply.
(a) Such use shall not be permitted within one thousand (1000) feet of any of the following uses:
(1) Church, synagogue or other place of religious worship;
(2) Public, private or parochial school;
(3) Day care center;
(4) Public or private community park or playground;
(5) Residence or residential district, or Planned Unit Development that includes residential land uses;
(6) Public library;
(7) Public swimming pools;
(8) Community Addiction Service Providers
(Ord. 19-011. Passed 4-22-19.)
1170.03 OTHER PROVISIONS.
(a) Medical Marijuana Facilities shall also comply with all requirements, rules and regulations of the Medical Marijuana Control Program as administered by the State of Ohio Department of Commerce and State Board of Pharmacy.
(Ord. 19-011. Passed 4-22-19.)
1171.01 ACCESSORY USES AND STRUCTURES PERMITTED.
Accessory uses and structures shall be permitted as a subordinate use or structure which is incidental to and in association with a principal use or structure and which is customarily required or provided for the principal use or structure provided that the area of the accessory use or structure shall be thirty-five percent (35%) or less of the gross floor area of the principal use or structure. Both detached and attached garages shall be considered as accessory uses and structures and shall be subject to the size limitation. Accessory structures shall not be utilized for living quarters. (Ord. 19-011. Passed 4-22-19.)
1171.02 LOCATION OF UNATTACHED ACCESSORY STRUCTURES.
(a) On residential lots of one (1) acre or less, unattached accessory structures shall be located to the side or rear of the principal structure. The accessory structure shall conform to the minimum side yard and rear yard requirements.
(b) On residential lots larger than one (1) acre, unattached accessory structures may be located to the front, side or rear of the principal structure, provided all minimum building line and side yard requirements are met.
(c) The minimum rear and/or side yard setback may be modified to permit placement of an unattached accessory structure as close as six (6) feet to the rear and/or side lot line if the structure is not more than twelve (12) feet in height and no easements exist; otherwise, use principle structure rear and side yard setbacks.
(Ord. 19-011. Passed 4-22-19.)
1171.03 REQUIRED LOCATION IN OTHER ZONING DISTRICTS.
In any Zoning District except a Residential Zoning District, accessory uses or structures shall be on the same lot as the principal use or structure and located subject to the Development Standards of the Zoning District in which it may be located.
(Ord. 19-011. Passed 4-22-19.)
1171.04 EXEMPTIONS.
Accessory structures that are less than fifty (50) square feet in area. Not more than four (4) such structures are permitted.
(Ord. 19-011. Passed 4-22-19.)
1172.01 PURPOSE.
Adult Entertainment Businesses or Sexually oriented businesses are subject to additional regulations in order to protect children from accidental or other exposure to adult materials and because of the likelihood of harmful secondary health, safety, and aesthetic effects on residential neighborhoods and other specified land uses. These harmful effects are documented in previously published studies conducted by cities across the country, such as The City of Denver, City of New York, Indianapolis, Springfield Missouri, Kansas City Missouri, Boston Massachusetts, State of Minnesota, and Manatee County Adult Use Studies. Sexually oriented business uses are categorized as any establishment consisting of, including, or having the characteristics of any or all of the following uses: adult arcade, adult bookstore; adult cabaret; adult motel; adult motion picture theater; adult-only entertainment establishment; adult theater; escort agency; nude model studio; sexual encounter center; sexually oriented spa, or other establishment engaged in the sale or other distribution of adult materials. Since sexually-oriented business uses have been proven to impact the quality of life of a community, the following regulations are established.
(Ord. 19-011. Passed 4-22-19.)
1172.02 WHERE PERMITTED.
Adult Entertainment Businesses, as defined in Chapter 1102 (Definitions), shall be allowed as a Conditional Use under the Community Service (CS), or Limited Industrial (LI) districts. In addition to the Conditional Use requirements of Chapter 1134 (Conditional Use Review), the following standards shall also apply.
(a) Such use shall not be permitted within five hundred (500) feet of any of the following uses:
(1) Church, synagogue or other place of religious worship;
(2) Public, private or parochial school;
(3) Day care center;
(4) Public or private community park or playground;
(5) Residence or residential district, or Planned Unit Development that includes residential land uses;
(6) Public library;
(7) Museums;
(8) Public swimming pools;
(9) Bar, tavern, or other establishment offering sale of beer or intoxicating liquor consumption on the premises as regulated by the Ohio Division of Liquor Control (ORC Title 43)
(b) No Adult Entertainment Business shall be established within one thousand feet (1,000) of any other Adult Entertainment Business. For the purposes of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a Adult Entertainment Business is conducted, to the nearest property line of the premises of a use listed above in this section. Presence of a municipal, county, or other political subdivision boundary shall be irrelevant for the purposes of calculating and applying the distance requirements of this Section.
(Ord. 19-011. Passed 4-22-19.)
1172.03 OTHER PERFORMANCE STANDARDS.
(a) Prohibited Public Display: No displays, promotions, or advertisement which depict or describe adult materials, specified sexual activities or specified anatomical areas as defined in Chapter 1102 shall be shown, distributed or exhibited so as to be visible to the public from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(b) Public View to Be Prevented: All building openings, entries, windows, and doors of sexually oriented businesses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas.
(c) External Audio and Visual Impact: No screens, loudspeakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) or any other sexually oriented businesses shall be operated in such a manner as to be seen or discerned by the general public from any other privately owned property, pedestrian sidewalks or walkways, or from other public or semi-public areas. Exterior identification signage is permitted subject to other applicable provisions of these regulations. However, to limit exposure of sexual images to minors, no exterior signage shall include verbal or written messages, graphics, drawings, or other illustrations of specified sexual anatomical areas or specified sexual activities.
(d) Exterior Signage: Exterior identification signage is permitted subject to other applicable provisions of these regulations. However, to limit exposure of sexual images to minors, no exterior signage shall include sexually explicit verbal messages, graphics, drawings, or other illustrations of specified sexual anatomical areas or specified activities.
(Ord. 19-011. Passed 4-22-19.)
1172.04 DISCONTINUANCE OR ABANDONMENT.
Once a sexually-oriented business is discontinued or abandoned, the use shall not thereafter be resumed unless and until all of the requirements of Chapter 1172 have been met.
(Ord. 19-011. Passed 4-22-19.)
1172.05 PUBLIC NUISANCE.
The operator of an adult entertainment business shall maintain peace, quiet and order in and about the premises. Failure to do so shall constitute a public nuisance and shall be deemed a violation of this Zoning Code.
(Ord. 19-011. Passed 4-22-19.)
1173.01 PURPOSE.
Group housing licensure is required in order to provide for safe living conditions and adequate parking arrangements in group housing properties, and to ensure the preservation of the public peace, health, safety, and welfare throughout the City and within its residential neighborhoods. In order to prevent the creation of a de facto social service district and to avoid impacting either a residential block or a neighborhood, the City intends to provide that such homes do not exceed the limited capacity of a neighborhood's existing social structure to accommodate them. These provisions are also intended to avoid an over concentration of such homes which may inadvertently recreate an institutional like setting, and thus impede successful functioning of such homes. (Ord. 2024-032. Passed 10-14-24.)
1173.02 DEFINITIONS.
As used in this chapter, except where the context clearly indicates a different meaning:
(b) "Pre-existing non-conforming use" means a lawful group housing use that was in existence and legally operating on or up to six months prior to the effective date of this chapter.
(Ord. 2024-032. Passed 10-14-24.)
1173.03 GROUP HOUSING LICENSURE REQUIRED.
(a) No property owner shall operate or permit to be operated group housing without having a valid license from the City of Groveport to do so as hereinafter provided.
(b) Every property used for group housing must obtain a license before beginning operation except as otherwise provided in Section 1173.09(a).
(c) Owners of property used for group housing must register group housing properties with the City of Groveport.
(d) Group housing owners must remit a one hundred twenty-five dollar ($125.00) fee and obtain an annual license in the name of the property owner for the operation of group housing in the City, on a registration form approved by the Municipal Administrator or their designee.
(e) Every group housing license shall expire on January 31 following its date of issuance.
(f) The group housing license shall be displayed in a conspicuous place within the group housing at all times.
(g) No group housing license may be issued without the written endorsement of the Municipal Administrator or the Administrator's designated representative.
(h) No group housing license may be issued for a group housing property that is not in compliance with the requirements of this chapter, the charter, ordinances, rules and regulations of the City of Groveport and all other applicable laws, rules and regulations, including all licenses and certifications required by any other governmental agency for the residents served at the time of the application and issuance of the license.
(i) Any group housing use that requires a certificate, licensure or registration with any other governmental entity shall file such current and valid documents with its City of Groveport licensure. (Ord. 2024-032. Passed 10-14-24.)
1173.04 LIFE SAFETY PLAN REQUIREMENTS.
A life safety plan shall be submitted for initial approval of the group housing license. The life safety plan shall include the following considerations except as otherwise required by the building code:
(a) Provision of working smoke and carbon monoxide alarms in all bedrooms and common rooms;
(b) Fire extinguishers placed prominently in kitchens;
(c) Handrails on all exterior steps.
(d) A copy of an evacuation diagram.
(Ord. 2024-032. Passed 10-14-24.)
1173.05 PROPERTY AND INSURANCE.
The applicants for all group housing shall submit the following information to the City of
Groveport for the initial approval and renewal of a group housing license:
(a) Proof of commercial general liability insurance, with limits of not less than one million dollars ($1,000,000.00) per occurrence, for bodily injury and property damage arising in any way from the issuance of the permit. Each policy of insurance shall be used by an insurer authorized to do business in the State of Ohio; and include a provision requiring thirty days advance notice to the City prior to cancellation or lapse of the policy. The owner shall maintain the insurance required under this section in full force and effect for the duration of the permit period. A single violation of this subsection shall result in revocation of the permit;
(b) A statement as to whether the owner or any controlling person has ever been convicted in any jurisdiction of any felony;
(c) Proof that the owner has legal title to the property on which the establishment is located.
(Ord. 2024-032. Passed 10-14-24.)
1173.06 OFF STREET PARKING REQUIREMENTS.
(a) Off street parking shall be provided at a ratio of one space per permitted occupant.
(b) All onsite parking and drives shall be paved with asphalt or concrete pavement. Onsite parking shall be provided behind the rear building line, except for properties with two front-yards and no rear yard in which the location of the parking spaces shall be as otherwise provided in the city ordinances. All group housing off-street parking shall be screened from the street and from adjacent properties.
(Ord. 2024-032. Passed 10-14-24.)
1173.07 MAXIMUM NUMBER OF OCCUPANTS.
(a) No more than five occupants will be permitted in any group housing.
(b) Each occupant shall have a bedroom.
(c) Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor space. Every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet of floor space for each occupant.
(Ord. 2024-032. Passed 10-14-24.)
1173.08 INTEGRATION AND DISPERSAL.
Except as otherwise provided in this section, group housing must be at least 1,000 feet from a site or property with any other group housing and in no case may more than one group house be located on the same residentially zoned block. Group housing must also be at least 1,000 feet from a site or property with any school or day care. Supervised group dwellings or facilities must be at least 2,000 feet from a site or property with any other group housing and shall not be located on the same block with any other group housing.
(Ord. 2024-032. Passed 10-14-24.)
1173.09 APPLICATION REVIEW AND ANNUAL INSPECTION.
(a) The group housing site plan, floor plan, and life safety plan must be reviewed and approved by the Municipal Administrator or their designee prior to approval of the license.
(b) Group housing is subject to an annual inspection by the Municipal Administrator or their designee to ensure all conditions of this section are being met.
(Ord. 2024-032. Passed 10-14-24.)
1173.10 PRE-EXISTING GROUP HOUSING REQUIREMENTS.
(a) Within sixty days after the effective date of the initial adoption of this chapter, the owner of the property on which each existing group housing is located in the City shall apply for a group housing license as provided in this chapter. A group housing license shall be issued or denied by the City within ninety days of the date of the application for group housing existing upon the effective date of this chapter.
(b) A pre-existing lawful non-conforming group housing use shall be subject to the licensing provisions of this chapter, including life safety requirements, and must be continuously operated in compliance with its license and this chapter in order to maintain its pre-existing nonconforming use exemption.
(c) Pre-existing non-conforming properties may not have more than five occupants. In order to prove pre-existing non-conforming use status, landlords must provide written evidence of a de facto group housing lease that was in effect at the time this chapter became effective or within six months prior to the effective date of this chapter.
(Ord. 2024-032. Passed 10-14-24.)
1173.11 NOTICE OF VIOLATION; SUSPENDING OPERATIONS.
(a) When a City Official find a group housing use, its owner, operator or occupants has violated the requirements of this chapter or the charter, ordinances, rules and regulations of the City of Groveport or any other applicable law, rule and regulation or license, certification, or permit issued by any other governmental authority, such official shall serve a written notice of violation upon the owner. A notice of violation shall include a brief statement of the facts upon which the violation is based, the period within which the violation must be remedied and the time within which an appeal may be taken to the Board of Zoning Appeals and request for hearing made.
(b) An appeal must be filed within twenty days from the date such notice of violation was delivered, posted or otherwise received. Such appeal must be in writing and state with specificity the grounds upon which the appeal is taken. Failure to file a written appeal with both the Municipal Administrator providing the notice and the Board of Zoning Appeals within twenty days of the date such notice was delivered, posted or otherwise received shall constitute a waiver of the right to an appeal and the suspension of the Group housing license shall be final. Any suspension of a license shall be stayed until the decision of the Board.
(c) If the violation is not remedied within the time specified in the notice of violation or the notice of violation timely appealed, then the Municipal Administrator shall promptly suspend the license of the owner and notify the owner, in writing of such suspension. Upon receipt of the notice of suspension, the owner shall immediately cease the operation of such group housing and no person shall occupy the group housing or any portion thereof for sleeping or living purposes. (Ord. 2024-032. Passed 10-14-24.)
1173.12 DENIAL OR REVOCATION OF LICENSE.
(a) A group housing license shall be denied or may be revoked by the Municipal Administrator or their designee for any of the following conditions:
(1) Failure to meet and/or continuously comply with the requirements of this chapter, the charter, ordinances, rules and regulations of the City of Groveport and all other applicable laws, rules and regulations, including any licenses, certifications or regulations required by any other governmental authority;
(2) Failure to maintain the requirements of the life safety plan;
(3) Failure to maintain the off-street parking requirements;
(4) Continued or repeated instances of insanitation, or disregard of fire safety regulations, or inadequate maintenance of the building and/or of its parts or equipment;
(5) Continued or repeated instances of criminal conduct occurring on the premises by occupants or their guests, and/or continued or repeated instances of disturbance of the peace of the neighborhood.
(b) When the Municipal Administrator or their designee denies an application for a group housing license, that official shall notify the applicant or licensee in writing. A notice of denial shall include the date of the denial, the time within which an appeal may be taken to the Board of Zoning Appeals and request for hearing made, and a brief statement of the facts upon which the denial is based.
(c) When a license or a group housing license is revoked by the Municipal Administrator or their designee, that official shall notify the licensee in writing twenty days in advance of the date the license will be revoked. A notice revocation shall include the date on which the license shall be revoked, a brief statement of the facts upon which the revocation is based, and the time within which an appeal may be taken and request for hearing made.
(d) Any person whose application for a license to operate group housing has been denied by the City or notice has been provided that an existing license will be revoked shall have the right to appeal the decision to the Board of Zoning Appeals. The appeal must be filed within twenty days from the date such notice was delivered, posted or otherwise received. Such appeal must be in writing and state with specificity the grounds upon which the appeal is taken. Failure to file a written appeal with both the Municipal Administrator providing the notice and the Board of Zoning Appeals within twenty days of the date such notice was delivered, posted or otherwise received shall constitute a waiver of the right to an appeal, the decision of the Municipal Administrator and the denial or revocation of any license shall be final. If an appeal is filed, the Board will hear the appeal at its next regular meeting for which adequate notice of the hearing and the agenda of the Board can be provided as required by the City charter, ordinances and rules of the City and the Board. Any revocation of a license shall be stayed until the decision of the Board.
(Ord. 2024-032. Passed 10-14-24.)
1173.13 TRANSFER OF LICENSE.
(a) No license issued pursuant to this chapter shall be transferable. Any person taking over the ownership of a licensed group housing shall apply for a new license within ten days of taking ownership or be considered delinquent and charged an amount equal to double the fee provided for in this chapter. No refunds shall be made to those discontinuing operation or who sell, transfer, give away, or otherwise dispose of group housing to another person.
(b) Every person holding a group housing license shall give the City notice in writing within three days after having sold, transferred, given away, or otherwise disposed of the ownership of, interest in, or control of any group housing. Such notice shall include the name and address of the person succeeding to the ownership or control of such group housing.
(Ord. 2024-032. Passed 10-14-24.)
1173.99 PENALTIES.
Whoever violates any provision of this Chapter for which no other specific penalty has been provided other than the denial, suspension or revocation of a license, shall be fined not more than one hundred dollars ($100.00). Each day's continuance shall constitute a separate offense.
(Ord. 2024-032. Passed 10-14-24.)
1174.01 PERMITS REQUIRED.
(a) No person shall commence to erect, enlarge, or move any fence within the Municipality or cause the same to be done without first obtaining a fence permit from the Municipal Administrator or designee.
(b) To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Each application shall include a plot plan showing the proposed fence location, the location of all existing structures, and a drawing elevation of the fence including all dimensions. (Ord. 19-011. Passed 4-22-19.)
1174.02 GENERAL REQUIREMENTS.
(a) No fence or hedge shall be erected nearer to the right-of-way than the required building setback line. It may be permissible to erect no more than two (2) sets of eight (8) foot length decorative fence sections in front of the building setback line, provided they are not nearer than five (5) feet to the right-of-way of any street and do not exceed thirty-six (36) inches in height.
(b) Decorative fences shall not be of solid construction such as stockade, basket weave, or chain link.
(c) No fence over thirty-six (36) inches in height shall be located in a front yard beyond the front of the structure.
(d) The maximum height of a fence in a residential or rural district shall be six (6) feet and the maximum height of a fence is a commercial district shall be ten (10) feet.
(e) Fences or walls supported by posts on one side of the fence or wall shall be erected so that exposed posts and supporting cross elements shall face the property initiating the request or on which the fence will be constructed. This section shall not apply if the fence is the same on both sides such as split rail or board-on-board.
(f) Temporary snow fences forty eight (48) inches or less in height may be erected during the months of December through March each year in a location approved by the Municipal Administrator or designee. Such fences are to be used only to control the drifting of snow on walks, driveways, streets, or alleys.
(g) Solid fences shall not block drainage swales.
(h) Existing, non-conforming fences may be reconstructed with the approval of the Administrator or designee, provided the type, height, and location do not vary from the original and the placement is not located within the sight distance triangle as defined in Section 1154.03(f). Fences shall not be constructed in the Right-of-Way without City Council approval.
(Ord. 19-011. Passed 4-22-19.)
1174.03 BARBED WIRE FENCE.
(a) No person shall cause a fence containing barbs to be erected, constructed or maintained within the Municipality of Groveport except as provided in subsections (b) and (c) hereof.
(b) Fences containing barbs may be erected to enclose areas used to contain domestic livestock or to secure industrial properties by securing a permit from the Municipal Administrator or designee. The Municipal Administrator or designee shall grant a permit for barbed wire fence only after determining that, considering the nature and location of the proposed fence, the safety of persons within the Municipality will not be endangered.
(c) When barbed wire fences enclose and secure industrial areas, the entire barbed section shall be at least seven (7) feet above the surface of the ground.
(Ord. 19-011. Passed 4-22-19.)
1174.04 ELECTRICALLY CHARGED FENCES.
(a) No person shall erect, construct, maintain or use any fence charged with electrical current within the Municipality except as provided in subsection (b) and (c) hereof.
(b) Fences charged with electricity may be erected to contain domestic livestock by securing a permit from the Municipal Administrator or designee. The Municipal Administrator or designee shall grant a permit for an electrically charged fence only after determining that, considering the nature and location of the proposed fence, the safety of persons within the Municipality will not be endangered.
(c) Fences charged with electricity shall be allowed in commercial and industrial zoned districts subject to approval in accordance with Chapter 1134 (Conditional Use Review).
(Ord. 19-011. Passed 4-22-19.)
1175.01 PURPOSE.
The purpose of the home occupation provisions is to allow limited, nonresidential activities in residential structures that are compatible with the neighborhoods in which they are located. The standards in this section are intended to insure compatibility of home occupations with other permitted uses and with the residential character of the neighborhood.
(Ord. 19-011. Passed 4-22-19.)
1175.02 HOME OCCUPATION PERMITTED.
A home occupation shall be permitted within a dwelling unit provided it does not occupy more than twenty percent (20%) of the gross floor area of the dwelling unit up to two hundred (200) square feet. (Ord. 19-011. Passed 4-22-19.)
1175.03 HOME OCCUPATION REQUIREMENTS.
A home occupation shall be defined as an occupation carried on within a dwelling unit by individuals residing in the residential dwelling and provided:
(a) The appearance of the structure shall not be altered or the occupation within the residence shall not be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, or unauthorized signs. A home occupation shall be clearly incidental and secondary to the use of the unit for dwelling purposes.
(b) There is not more than one (1) nonresident employee.
(c) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside of the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receives off the premises, or causes fluctuations in line voltage off the premises.
(d) There shall be no outside storage of any kind related to a home occupation.
(e) There shall be no on-site sales and services or similar activities of the home occupation that invites the public into the dwelling.
Specialized instruction or tutoring shall be limited to one (1) individual at a time.
(Ord. 19-011. Passed 4-22-19.)
1176.01 INTENT AND PURPOSE.
The intent of these regulations is to promote and protect the public health, safety and welfare through the preservation, protection and enhancement of the environment, by recognizing the vital importance of tree growth in the ecological system and by fully utilizing the benefits of landscaping in development. It is further the purpose of this chapter to:
(a) Promote the preservation, replacement, and augmentation of major trees removed in the course of land development to mitigate the impact of development.
(b) Promote the proper utilization of landscaping as a buffer between certain land uses and to minimize the possibility of nuisances including potential noise, glare, litter, and visual clutter of parking and service areas.
(c) To protect, preserve and promote the aesthetic appeal, character, and value of the surrounding neighborhoods.
(d) To offer a minimum standard for the consistent appearance of plant material in the community landscape.
(e) Soften the appearance of building masses and paved areas and reduce generation of heat and storm water run-off.
(f) Contribute to the process of air purification, oxygen regeneration, ground water recharge and storm water run-off retardation.
(Ord. 19-011. Passed 4-22-19.)
1176.02 EXEMPTIONS.
Individual single-family uses shall be exempt from the requirements of this chapter, but developments of two (2) or more single-family structures shall be covered by this chapter.
(Ord. 19-011. Passed 4-22-19.)
1176.03 PRESERVATION OF TREES AND WOODED AREAS.
(a) Preservation of Wooded Areas: When preparing and reviewing subdivision plans and landscaping plans, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures, and parking areas shall be laid out to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. Developers of land are encouraged to designate heavily wooded areas as park reserves.
(b) Preservation of Major Trees: All major trees shall be preserved; however, the Municipal Administrator or designee may approve a mitigation plan for the cutting down, removal or destruction of a major tree when the tree interferes with the proper development of a lot, provided that the lot is the subject of application for approval of a zoning certificate, a site plan, a development plan, and one of the following applies:
(1) The tree will be located within a public right-of-way or easement;
(2) The tree is located within the areas to be covered by proposed structures or within twelve feet from the perimeter of structures, and the proposed structures cannot be located in a manner to avoid removal of the tree at the same time permitting desirable and logical development of the lot;
(3) The tree will be located within a proposed drive-way designed to service a single-family home;
(4) The tree is damaged, diseased or a safety hazard;
(5) The tree is an undesirable species in its present location.
(Ord. 19-011. Passed 4-22-19.)
1176.04 TREE REPLACEMENT MITIGATION PLAN.
(a) During the course of development of a single lot or a subdivision the developer or owner shall be required to replace major trees removed pursuant to Section 1176.03 (Preservation of Trees and Wooded Areas) on a one-for-one basis. When it is impractical or not feasible to replace all of the trees on the affected lot or within the affected subdivision, staff may approve one, or any combination of the following alternatives as a means of meeting the tree replacement requirements.
(1) Replace as many trees as the Municipality deems is practical on the affected lot;
(2) Replace as many trees as the Municipality deems is practical within this affected subdivision phase;
(3) Replace as many trees as the Municipality deems is practical within the affected subdivision;
(4) When the Municipality determines that trees cannot be replaced through steps one through three above, the developer/owner shall be required to replace the trees elsewhere in the Municipality; or
(5) Pay a four hundred dollars ($400.00) fee per tree to support the Municipality's effort to replace the trees.
(c) Trees shall meet the minimum tree standard immediately after planting
(d) Species prohibited by Section 911.08 of Part Nine: Streets, Utilities, and Public Services Code may not be used as replacement trees.
(Ord. 2024-051. Passed 12-16-24.)
1176.05 LANDSCAPING AND SCREENING STANDARDS.
Consistent with the objectives established in the Intent and Purpose section of this chapter, landscaping shall be provided in the following areas:
• At the perimeter of sites to buffer, separate, and/or screen adjacent land uses;
• At the perimeter of parking lots to shade, separate and/or screen the view of parked cars from adjacent streets and adjacent land uses;
• In the interior of parking lots to shade and beautify the paved surface;
• Around the perimeter of buildings to soften, shade and enhance the appearance of structures.
Screening is required to block the view of trash receptacle areas, loading areas, service courts and storage areas. Screening is also required between residential and nonresidential land uses. Parking lots shall be screened to minimize the view of cars from adjacent streets and adjacent residential uses. It is not necessary to screen, but only to separate adjacent nonresidential parking areas.
(a) Buffer Yards: The buffer yard is a designated unit of yard or open area together with any plant materials, barriers, or fences required thereon. Both the amount of land and the type and amount of landscaping specified are designated to lessen impacts between adjoining land uses. By using both distance and landscaping, the impact of such items as noise, glare, activity, dirt, and unsightly parking areas will be minimized. It is a further intent of the following provisions to provide flexibility to the property owner through the manipulation of four basic elements - distance, plant material type, plant material density, and structural or land forms.
(1) Location of Perimeter Buffer Yards: Buffer yards shall be located on the side and rear lot lines of a parcel extending to the lot or parcel boundary line except where a planned district buffer yard is required (see the approved development plan for those specific buffers.)
(2) Determination of Buffer Yard Requirements: To determine the type of buffer yard required between two adjacent parcels, the following procedure shall be followed;
A. Identify the land use class of the proposed and each adjoining use by referring to the following table;
B. Requirement conflicts whenever a parcel or activity falls under two or more of the categories, only the category with the most stringent requirements shall be enforced;
C. Determine the buffer yard requirements for those side and rear lot lines or portion thereof on the subject parcel by referring to the following tables.
LAND USE CLASSIFICATION | |
Class I: | • Agriculture • Single-Family Detached Residences • Two-Family Dwellings |
Class II: | • Office Institutional • Administrative and Business Offices • Professional Offices • Institutions, Religious, Social, Cultural, Educational, Health and Public • Multi-Family Dwellings |
Class III: | • Commercial • General Retail, Entertainment, Restaurants, Specialty Retail and Business Services |
Class IV: | • Light Industrial • Light manufacturing, Wholesaling, Research and Development |
BUFFER YARD REQUIREMENTS | ||||
Adjacent Existing | ||||
Land Use Class | I | II | III | IV |
I | E | E | E | |
II | E | A | C | D |
III | E | C | A | B |
IV | E | D | B | A |
No Buffer Yard Requirement | ||||
(1) Should a developed use increase in intensity from a given land use class to a higher one (e.g. Class III to Class IV), the Planning and Zoning Commission shall, during the site plan or development plan review, process, determine if additional buffer yard is needed and, if so, to what extent and type;
(2) Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per one hundred (100) linear feet of buffer yard. The requirements may be satisfied by any of the options indicated in the following table and illustrated in Exhibit I.
QUANTITY OF PLANT MATERIAL | ||||||
Buffer Yard | Width | Deciduous Trees * | Deciduous Shrubs * | Evergreens * | Berm ** | Fence |
A | 15' | 2 | --- | 2 | ||
10' | 2 | 2 | 2 | |||
B | 20' | 2 | --- | 2 | ||
15' | 2 | 2 | 2 | |||
10' | 3 | 4 | 4 | |||
C | 25' | 2 | 2 | 2 | ||
20' | 2 | 4 | 2 | |||
15' | 3 | 4 | 4 | |||
D | 30' | 2 | 2 | 2 | ||
25' | 2 | 2 | 4 | |||
20' | 3 | 4 | 4 | X | ||
10' | 3 | 4 | 4 | X | ||
E | 30' | 2 | 2 | 2 | ||
25' | 3 | 4 | 4 | |||
20' | 3 | 4 | 4 | X | ||
15' | 3 | 4 | 4 | X | ||
* Required minimum plant units per 100' ** Entire length of buffer yard, 3'- 4' berm or 4'- 6' opaque fence | ||||||
(3) Existing plant material or fences may be counted as contribution to the total buffer yard requirement.
A. The buffer yards specified are to be provided on each lot or parcel independent of adjoining uses or adjoining buffer yards.
(3) Buffer Yard Requirements for Nonconforming Structures or Sites: If a nonconforming site is unable to comply with the minimum buffer yard requirements of this chapter, the applicant shall not be entitled to the permit for which application has been made unless a variance is granted. Existing paved areas beyond the minimum code requirements for number of spaces maneuvering/access aisles or loading areas shall be removed if necessary to provide the required buffer.
(b) Screening of Service Courts, Storage Areas and Loading Dock Areas:
(1) For commercial, industrial, office-institutional and community service uses, all areas used for service, loading and unloading activities shall be screened. Screening shall enclose any service area on three (3) sides. Whenever service areas are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures;
(2) Screening shall consist of walls, fences, natural vegetation, or an acceptable combination of these elements, provided that screening must be at least seven (7) feet, and walls and fencing no more than twelve (12) feet in height. Natural vegetation shall be a variety which will attain seven (7) feet in height within three (3) years of planting;
(3) Natural vegetation screening shall have a minimum opaqueness of seventy-five percent (75%) at all times. The use of evergreen vegetation, such as pines or evergreen is encouraged. Vegetation shall be planted no closer than three (3) feet to any property line.
(c) Screening of Trash Container Receptacles:
(1) For commercial, community service, industrial, office-institutional and multiple family uses, all trash containers or receptacles shall be screened or enclosed on all sides. Trash containers designed to service more than one residential unit or to service a nonresidential structure shall be screened on all sides by walls, fences, or natural vegetation or an acceptable combination of these elements. Trash containers shall be located to the side or rear of buildings and shall otherwise conform to the side and rear yard pavement setbacks of the applicable zoning district;
(2) The height of such screening shall be at least six (6) feet. The maximum height of walls and fences shall not exceed ten (10) feet. Natural vegetation shall have a minimum opaqueness of seventy-five percent (75%) at all times. The use of year-round vegetation, such as pines or evergreens is encouraged. Natural vegetation shall be a variety which will attain six (6) feet in height within five (5) years of planting.
(d) Parking Lot Screening and Landscaping:
(1) Perimeter Screening: Effectively concealing vehicles within a parking area from the adjacent roadway or adjoining property requires the selective use of plant, mounding or fence material for visual separation. Located adjacent to the parking lot edge, the perimeter screening is designed to supplement required buffer yard material. The perimeter of parking areas, except those for single-family and two-family residential uses, shall be screened as follows:
A. Parking areas adjacent to a public street or private roadway shall be developed with plant, mounding, or fence/wall material which conceals the view of parked cars from the street. The height of wall/fences in this location shall be a maximum height of four (4) feet and plant material should be used to soften and add visual interest to a wall/fence. A plant material screen shall have a minimum opaqueness of seventy-five percent (75%) at all times. The use of evergreen vegetation, such as pines or evergreens is encouraged;
B. Parking areas for nonresidential uses and for residential uses such as churches, schools, parks and public facilities adjacent to residentially zoned or used land shall be developed with plant mounding or fence/wall material which conceals the view of parked cars from the residential property. The height of wall/fences located in front of the building line should be a maximum height of four (4) feet. Plant material should be used to soften and add visual interest to a wall/fence. Plant material screen shall have a minimum opaqueness of seventy-five percent (75%) at all times. The use of evergreen vegetation, such as pines or evergreens is encouraged;
C. The separation and landscaping of the required buffer yard will provide adequate screening for all other parking lot perimeters.
(2) Interior Parking Area Landscaping: Landscaping within parking areas, whether ground cover or the upright plant material, is necessary not only to reduce the generation of heat and runoff, but also to break up visually the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is one of the most effective ways to landscape parking lot interiors. The use of shade trees in these landscaped areas is required. Any open parking area (including loading areas) containing more than 6,000 square feet of area or fifteen (15) or more parking spaces shall provide the following interior landscaping in addition to the required perimeter screening;
A. An area equal to five percent (5%) of the total size in square feet of parking areas smaller than 15,000 square feet shall be landscaped and permeable. For lots between 15,000 and 29,999 square feet, the landscaped area shall equal seven and one-half percent (7.5%). For lots larger than 30,000 square feet, the landscaped area shall be ten percent (10%);
B. Large parking areas of 30,000 square feet or larger shall be designed to break up their visual expanse and create the appearance of smaller parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and by taking advantage of natural features such as slope, existing woodland or vegetation, drainage courses and retention areas;
C. Landscaping in parking areas shall be dispersed throughout in peninsulas or islands. Minimum island or peninsula size shall be two hundred (200) square feet, with a two and one-half (2.5) foot minimum distance between all trees or shrubs and the edge of pavement where vehicles overhang and a minimum width of ten (10) feet;
D. The Planning Commission, as part of the site plan review process, may vary the requirements for minimum and maximum size of parking islands and peninsulas if situations including, but not limited to, the following exist: the need to concentrate landscape areas for the purpose of storm water detention; the need to relocate required landscaping on the perimeter of a parking area in the case of a small or unusually shaped lot or where additional screening is desired.
(3) Required Plant Materials for the Interior of Parking Areas:
A. One deciduous tree shall be required for every 3,000 square feet of parking area or for every ten (10) parking spaces;
B. Where site distances or maneuvering conflicts exist, trees shall have a clear trunk of at least five (5) feet above the ground, and the remaining required landscape areas shall be planted with shrubs or ground cover not to exceed two (2) feet in height.
(e) General Landscaping for Lots and Building Foundations: To visually soften the building mass or help define exterior spaces the following landscaping shall be required for all lots in addition to the landscaping for buffer yards and parking areas. All required planting shall be located in areas which do not include any buffer yard or right-of-way. If the lot consists primarily of impervious surface, such trees may be placed close to the building or may be used to add to required parking area landscaping. Existing plant materials which meet the requirements of this ordinance may be counted as contributing to the landscaping required of this section.
(1) Lot Interior Landscaping: Two deciduous trees shall be required for each one hundred (100) linear feet of building perimeter of nonresidential uses or each multi-family unit. A minimum of one (1) tree per building shall be required;
(2) Building Foundation Planting Requirements:
A. Foundation plantings are intended to soften building edges and screen foundations, and shall be placed within five (5) feet of the building perimeter if feasible. If the Municipal Administrator or designee determines that because of site design considerations such as the location of sidewalks, plazas or service areas, this is not feasible, such plant materials may be located in planter boxes or in other areas of the site in a manner that enhances the overall landscape plan for the development;
B. Five (5) shrubs shall be required per every fifty (50) linear feet of building perimeter of multi-family dwellings;
C. Foundation shrubbery for nonresidential uses shall be used to enhance and highlight building architecture. The use of foundation plantings is particularly important on blank walls (i.e. to window or door openings);
D. Ten (10) shrubs shall be required for every one hundred (100) linear feet of building perimeter for nonresidential uses.
(f) Landscaping at Driveway and Street Intersections: To ensure that landscape materials do not constitute a driving hazard, a sight distance triangle shall be observed at all street intersections or intersections of driveways with streets. Within this sight distance triangle, no landscape material or parked vehicles, except for required grass or ground cover, shall be permitted. Within the sight distance triangle, trees shall be permitted as long as, except during early growth stages, only the tree trunk is visible between the ground and eight (8) feet above the ground, or otherwise does not present a traffic visibility hazard.
(1) Driveway Intersection Sight Distance Triangle: At intersections of driveways with streets, the sight distance triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point a distance of ten (10) feet along the driveway to a point and a distance of twenty (20) feet along the street curb to a point and connecting these points;
(2) Street Intersection Sight Distance Triangle: At street intersections, the sight distance triangle shall be formed by measuring at least thirty-five feet along curb lines and connecting these points. (See also Section 1154.03 (f) (Sight Triangle Visibility to be Maintained) of the Zoning Code and Section 1196.01(e)(5) (Intersection Sight Distance Triangle) of the Subdivision Regulations.)
(Ord. 19-011. Passed 4-22-19.)
1176.06 PLANT MATERIAL SPECIFICATIONS FOR BUFFER YARDS, LANDSCAPING AND SCREENING.
The following sections include specifications for plant materials. Alternatives to these materials which can be demonstrated to meet both the intent and requirements of this ordinance may be approved as a part of a Landscape Plan.
(a) Deciduous Trees: Size at planting: a minimum caliper of at least two and one-half inches measured twenty-four (24) inches above ground level.
(b) Evergreen Trees: Size at planting: a minimum of five (5) feet high and a minimum spread of three (3) feet.
(c) Shrubs: Shrubs shall be at least twenty-four (24) inches average height and spread at the time of planting and, where required for screening, shall form a continuous, year round solid visual screen within five (5) years after planting.
(d) Ground Cover and Grass:
(1) Ground Cover: Ground cover shall be planted in such a manner to present a finished appearance and seventy-five (75) percent coverage after one (1) complete growing season. If approved as part of a Landscape Plan, ground cover may also consist of rocks, pebbles, sand, wood chips, and other materials;
(2) Grass: Grass shall be planted in species normally grown as permanent lawns in Franklin County and may be sodded or seeded, except in swales or other areas subject to erosion, where solid sod, erosion-reducing net or suitable mulch shall be used. Grass sown shall be free and clean of weeds and noxious pests or disease;
(3) Erosion Prone Areas: In the case of erosion prone areas, refer to U.S. Department of Agriculture Soil Conservation Service publication "Water Management and Sedimentation Control for Urban Areas."
(Ord. 19-011. Passed 4-22-19.)
1176.07 MAINTENANCE AND REPLACEMENT REQUIREMENTS.
The owner shall be responsible for the maintenance of all landscaping in healthy and growing condition to present a healthy, neat, and orderly appearance. This should be accomplished by the following standards:
(a) All plant growth in landscaped areas shall be controlled by pruning, trimming or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.
(b) All planted areas shall be maintained in a relatively weed-free condition, clear of undergrowth and free from refuse and debris.
(c) All trees, shrubs, ground covers, and other plant materials must be replaced within two (2) years of installation if they die or become unhealthy because of accidents, drainage problems, disease, or other causes. Dead or unhealthy plants shall be replaced within the next planting season. Replacement plants shall conform to the standards that govern original installation.
(d) Vehicles may overhang a landscaped area not more than two and one-half (2.5) feet when parked head-in to a landscaped area in a marked parking space. All required buffer yards shall be protected from vehicular encroachment by the use of wheel stops, curbing and other suitable methods.
(e) The use of growth inhibitor is not permitted on any plant materials used to fulfill code requirements or conditions of approval.
(Ord. 19-011. Passed 4-22-19.)
1176.08 PROCEDURE.
(a) Any person seeking a zoning map amendment, certificate of zoning compliance, a subdivision plat approval, development plan approval or site plan approval, shall file with his application a landscaping plan drawn to scale and prepared in a professional manner which, by plot plan and description shall include:
(1) The present location and size of all major trees, with designation of major trees sought to be removed;
(2) The location, size and description of landscaping material proposed to be placed on the lot in order to comply with this chapter;
(3) The location and size of any structures presently on lot, and those proposed to be placed on the lot;
(4) The proposed location and description of screening and buffer yards proposed to be placed on the lot in order to comply with this chapter.
(b) The Planning commission shall consider a landscape plan as part of its review of any subdivision plat, development plan or site plan application.
(c) The Zoning Officer shall either approve or disapprove all landscaping plans submitted as part of a Zoning Certificate application and receiving suggestions or recommendations from the Zoning Officer, the applicant may agree to modify his application including the plans and specifications submitted. The Zoning Certificate will not be issued until plans reflecting the agreed upon changes are submitted to the Zoning Officer. An applicant may appeal a decision of the Zoning Officer disapproving his landscaping plan to the Board of Zoning Appeals. Notice of appeal must be filed with the Zoning Officer within twenty days after the decision of the Zoning Office is mailed to the applicant at the address listed on his application.
(d) No variance, zoning certificate, development plan approval, or conditional use permit shall be granted or issued until final approval of the landscaping plan.
(Ord. 19-011. Passed 4-22-19.)
1176.99 PENALTY.
Any person, firm or corporation violating any provision or any article of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that the violation shall continue shall be deemed to be a separate offense. (Ord. 19-011. Passed 4-22-19.)
1177.01 OFF-STREET PARKING SPACE REQUIRED.
(a) Off-street parking facilities shall be provided for the use of occupants, employees, and patrons of all uses, and off-street loading and vehicle storage space shall be provided for the handling of materials and products of commercial and industrial uses.
(b) Such required facilities, additional space provided, and access drives/driveways thereto, including required curb cuts, shall be sloped and constructed to provide adequate drainage of the area, and unless otherwise noted in this code shall be surfaced with a sealed surface pavement and maintained in such a manner that no dust will be produced by continuous use. The design and construction of all facilities provided shall be subject to approval by the Municipal Engineer. (Ord. 19-011. Passed 4-22-19.)
1177.02 PARKING SPACE SIZE.
A parking space for one (1) vehicle shall be a rectangular area having dimensions of not less than nine feet by twenty (9 x 20) feet plus adequate area for ingress and egress.
(Ord. 19-011. Passed 4-22-19.)
1177.03 LOCATION OF SPACE.
(a) Required off-street parking facilities shall be located on the same lot as the structure or use serviced, except that a parking facility providing the sum of parking space required of several uses may be provided contiguous and in common to the several structures and uses served.
(b) Churches may establish with public or commercial establishments joint parking facilities for fifty percent (50%) or less of their required spaces provided that a written agreement thereto is obtained and that all parking areas so designated lie within one thousand (1,000) feet of the church.
(Ord. 19-011. Passed 4-22-19.)
1177.04 MINIMUM NUMBER REQUIRED; SCHEDULE OF PARKING SPACES.
(a) Minimum Number of Parking Spaces Required: A minimum number of off-street parking spaces shall be provided in accordance with the following schedule.
(b) Schedule of Parking Spaces: The parking space requirements for a use not specifically named herein shall be the same as required for a listed use similar in nature.
USE | SPACES REQUIRED | |
(1) | Residence | |
Fraternal or Group Housing | One (1) space per two (2) occupants. | |
Institutional Housing | One (1) space per ten (10) occupants plus one (1) space per each two (2) employees and staff on the combined work shifts. | |
Residential | Two (2) spaces per dwelling unit. | |
(2) | Commerce | |
Commercial Lodging | One (1) space per sleeping room. | |
Barber Shop, Beauty Shop or similar Personal Service | Two (2) spaces per barber or beautician. | |
Restaurant, Bar or Similar Place of the Sale and Consumption of Food and/or Drink on the Premises | One (1) space per one hundred (100) square feet of gross floor area. | |
All Outdoor Display and Sales | One (1) space per five hundred (500) square feet of display area. | |
Indoor Sales Exclusively Motor Vehicles, Aircraft, Water Craft, Lumber, Plants and Furniture | One (1) space per five hundred (500) square feet of sales area. | |
Retail Sales or Service Establishment not elsewhere specified | Three (3) parking spaces for the first one thousand (1,000) square feet of gross floor area per structure plus one (1) space per additional two hundred and fifty (250) square feet of gross floor area. | |
Funeral Parlors, Mortuaries | One (1) parking space per one hundred and fifty (150) square feet of gross floor area on the first floor of the structure devoted to this use. | |
Administrative or Business Office | One (1) space per two hundred (200) square feet of gross floor area. | |
USE | SPACES REQUIRED | |
(3) | Medical and Health | |
Medical/Dental Office/Clinic | One (1) parking space per one hundred (100) square feet of gross floor area. | |
Convalescent and Nursing | One (1) parking space per each two (2) beds. | |
Hospital or Similar Use | Two (2) spaces per bed. | |
(4) | Education | |
Day Care Centers | Two (2) parking spaces for each classroom but not less than six (6) per school or institution. | |
Elementary Schools | One (1) space per teacher and staff members, plus one (1) parking space per student, up to five percent (5%) of the student body. | |
High Schools | One (1) parking space per four (4) students. | |
Business, Technical and Trade Schools | One (1) parking space per two (2) students. | |
Colleges and Universities | One (1) parking space per two (2) students. | |
Libraries, Museums, Art Galleries and Similar Uses | One (1) parking space per four hundred (400) square feet of gross floor area. | |
(5) | Recreation and Religion | |
Auditorium, Church, Stadium or Similar Place with Fixed Seating for Assembly | One (1) space per three (3) seats. | |
Assembly Hall, Club Room, Place with Fixed Seating for Assembly | One (1) space per one hundred (100) square feet of area devoted to assembly. | |
Tennis Court, Bowling Alley or Similar Place with Fixed Seating for Assembly | Four (4) parking spaces per lane, court or similar activity area, plus additional parking spaces as required for supplementary uses, such as restaurant, etc. | |
Golf Course | Seven (7) spaces per hole plus one (1) space per two (2) employees on the combined work shifts. | |
Indoor Public Swimming Pool or Natatorium of a Public or Semi-Public Type | One (1) space per five (5) persons capacity computed on the basis of one (1) person per thousand (1,000) gallons of pool capacity, plus one (1) for each 4 seats or thirty (30) square feet of gross floor area used for seating purposes, whichever is greater | |
Outdoor Swimming Pool of a Public or Semi-Public Type | One (1) space per five (5) persons capacity computed on the basis of one (1) person per five hundred (500) gallons of pool capacity, plus additional spaces as required for any supplementary uses such as restaurant, etc. | |
All Other Recreational Facilities | One (1) space per each three (3) patrons the establishment is designed to serve. | |
(6) | Industry | |
Manufacturing, Warehousing, Wholesaling, or Similar Establishments | One (1) space per three thousand (3,000) square feet of gross building area. |
(Ord. 19-011. Passed 4-22-19.)
1177.05 COMPUTING NUMBER OF SPACES.
(a) Where two (2) or more uses are provided on the same lot, the total number of spaces required shall equal or exceed the sum of their individual requirements.
(b) The parking spaces required shall be rounded up to the next highest whole number where a fractional space results in computation.
(Ord. 19-011. Passed 4-22-19.)
1177.06 LOADING SPACES.
(a) Minimum Number of Loading Spaces Required: A loading space shall consist of a rectangular area of one of the following classes:
(1) Class A: An area at least fourteen feet by fifty-five feet (14' x 55') having a vertical clearance of fifteen (15) feet or more, plus adequate area for ingress and egress.
(2) Class B: An area at least twelve feet by thirty feet (12' x 30') having a vertical clearance of fifteen (15) feet or more, plus adequate area for ingress and egress.
(b) Schedule of Loading Spaces: Loading space shall be provided for retailing, wholesaling, warehousing, processing, and similar activities or uses in accordance with the following schedule:
Activity or Use | Class Required |
Building area less than seven hundred and fifty (750) square feet: | None required. |
Building area more than seven hundred and fifty (750) square feet but less than fifteen hundred (1,500) square feet: | One (1) Class B space required. |
Building area fifteen hundred (1,500) square feet but less than twenty-five hundred (2,500) square feet: | One (1) Class A space or two (2) Class B spaces required. |
Building area twenty-five hundred (2,500) square feet but less than ten thousand (10,000) square feet: | One (1) Class A space and one (1) Class B space, or three (3) Class B spaces required. |
Building area ten thousand (10,000) square feet but less than fifty thousand (50,000) square feet: | One (1) Class A space and one (1) Class B space, or three (3) Class B spaces, plus one (1) Class A space for each ten thousand (10,000) square feet over ten thousand (10,000) square feet of building area. |
Building area fifty thousand (50,000) square feet or more: | One (1) Class A space for each ten thousand (10,000) square feet over ten thousand (10,000) square feet of building area, plus one (1) Class A space for each twenty-five thousand (25,000) square feet over fifty thousand (50,000) square feet of building area. |
(Ord. 19-011. Passed 4-22-19.)
1177.07 ACCESS DRIVES/DRIVEWAYS.
Access drives/driveways leading to and from a street or alley shall be developed as follows:
(a) Width of Residential Drive: A residential access drive/driveway shall be a minimum of ten (10) feet and shall not exceed twenty-five (25) feet in width, except at curb returns.
(b) Location of Drive: An access drive/driveway, exclusive of curb returns, shall be ten (10) feet or more from the side lot line and twenty (20) feet or more from another access drive, except that an access drive for residential use may be within three (3) feet of a side lot line or adjacent to the side lot line if a common drive is provided for two (2) adjoining lots.
(c) Turnarounds: An access drive/driveway opening onto any road shown as an arterial (either major or minor) on the Groveport Thoroughfare Plan must have provisions for a turnaround so cars need not back onto the road.
(d) Access drive/Driveway Slope: The slope of the access drives/driveways serving the single family residences shall maintain a slope of not less than three percent (3%) and no greater than ten percent (10%). All access drives/driveways shall slope towards the right-of-way. Special cases where the appropriate slope must be altered should be directed to the Municipal Administrator or designee.
(e) Condition of drive: All access drives/driveways shall be paved and maintained in a dust-free condition: however, a residential access drive greater than one hundred (100) feet in length and accessing a residential lot greater than one (1) acre may be a gravel drive. (Ord. 19-011. Passed 4-22-19.)
1177.08 LIMITATION OF PARKING IN RESIDENTIAL ZONING DISTRICTS.
The provision of parking space, either open or enclosed for the parking or storage of vehicles in a Residential Zoning District or Planned Residential Zoning District shall be subject to the following:
(a) Commercial Vehicles:
(1) Not more than one truck limited to being a two-axle, six-tired pickup, panel or light truck, used strictly for commercial purposes, with a gross vehicle weight (gvw) not exceeding nineteen thousand, five hundred (19,500) pounds shall be allowed per one (1) dwelling unit; said vehicle shall not be permitted on the front yard of any dwelling unit, and are only permitted on the dwelling unit’s paved driveway or on a paved surface on the side or rear yard.
(2) Trucks having more than two (2) axles, designed for the transportation of cargo, for commercial purposes and including, but not limited to tractor-trucks, trailers and semi-trailers shall not be allowed except in association with a home occupation, subject to approval in accordance with Section 351.17 of the Codified Ordinances and Chapter 1134 Conditional Use Review. (Ord. 2020-013. Passed 7-27-20.)
(b) Trailers, Recreational, and Similar Equipment:
(1) The parking of (Class A, Class B, Class C) motor homes and similar vehicles shall not be permitted in any front yard of a dwelling unit, except on the dwelling unit's driveway or on a gravel or paved surface on the side or rear yard.
(2) In addition, non-motorized equipment including but not limited to travel trailers, folding tent trailers, boats or boat trailers and other similar equipment shall be permitted in side or rear yard without restriction.
(c) Temporary Portable Storage Units:
(1) Must be located on the lot it is servicing and placed on a permanent surface such as a driveway or parking lot.
(2) One temporary unit may be placed on a lot for up to thirty (30) days straight without a zoning certificate.
(3) Units servicing a construction project can be placed on a lot with an active building permit until the permit expires or the project is completed. The storage unit must be removed upon the completion of the project.
(Ord. 19-011. Passed 4-22-19.)
1178.01 PURPOSE.
(a) The purpose of these sign regulations is to establish reasonable, consistent, content-neutral, and non-discriminatory requirements and standards which encourage creativity and flexibility in the design, erection and effective use of signs, symbols, markings and/or advertising devices as a means of communication within the Municipality. These standards are designed to protect and promote the public health, safety, and welfare of the persons within the community by:
(1) Creating a visually attractive economic and business climate by permitting signs which are compatible with their surroundings, orientation and physical appearance of the community;
(2) Encouraging signs that are readable;
(3) Protecting the small town, historic character and dignity of the community;
(4) Reducing clutter by controlling the number, size and locations of signs;
(5) Reducing hazards to the public that may be caused by signs that intrude upon the public rights-of-way;
(6) Improving traffic safety by regulating signs so that they do not obstruct vision or interfere with the functions performed by drivers; and
(7) Protecting and enhancing the value of real estate and the tax base of the Municipality.
(Ord. 19-011. Passed 4-22-19.)
1178.02 GENERAL REQUIREMENTS.
The following general requirements shall apply to signs in all zoning districts, except as otherwise specifically permitted, approved or exempted in this chapter.
(a) Prohibited Signs:
(1) Signs in the Right of Way and/or Sight Triangle.
Exceptions: A-Frame signs installed in the Historic District.
Signs otherwise approved by the Municipal Administrator or designee.
(2) Pennants, streamers, or balloons/inflatables displayed for commercial purposes.
Exceptions: Signs permitted and approved by the Municipal Administrator or designee.
(3) Animated signs.
(4) Feather signs.
(5) Billboards and off-Premise/site signs.
Exceptions: Signs installed on municipality owned property and/or approved by the Municipal Administrator or designee.
Civic, religious or educational signs installed with the permission of the property owner and approved by the Municipal Administrator or designee.
(6) Portable and/or wheeled signs that are free standing and not permanently anchored, affixed or secured to either a building or to the ground.
(7) Obstructing signs which due to size, location, coloring, or manner of illumination, obstruct or detract from the visibility or effectiveness of any traffic sign or control devise on a public street: signs that obstruct sidewalks or the free ingress or egress from a fire escape, door, window, or other entrance or exit way.
(8) Signs imitating traffic control devices that imitate, interferes with, obstructs the view of, or can be confused with any authorized traffic control sign, signal, or other device.
(9) Signs on natural objects that are painted, attached to, or supported by a tree, stone, cliff, or other natural object or living vegetation.
(10) Bench signs.
(11) Roof signs.
(12) Trailer signs.
(13) Signs on parked vehicles (other than advertising decals or murals) that are placed or affixed to vehicles or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby premises.
(b) Building Frontage: Wall sign area calculations corresponding to building frontage, shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either building frontage may be used, but the primary sign shall be erected on the face of the building used in computing the business frontage.
(c) Illumination: No illuminated sign or lighting device used in conjunction with a sign, shall be placed or directed so as to permit the illumination there from to be directly beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause a direct glare or reflection that may constitute a hazard to public safety or create a nuisance. No sign illuminated directly or indirectly shall be maintained within fifty (50) feet of, or facing property in a residential district. Lighting used to illuminate the sign shall be shielded and/or arranged to reflect light away from adjoining properties or public streets.
(d) Placement on Buildings: Signs shall be erected, constructed or maintained so as not to obstruct any window, door or other opening used as a means of normal ingress and egress for legally required light or air ventilation or any fire escapes and other openings for emergency purposes or so as to prevent free passage.
(e) Clearance: Signs shall be erected, constructed or maintained with a minimum eight (8) foot clearance over/above any sidewalk, walkway, aisle or other area used or intended for pedestrian or vehicular traffic.
(f) Construction of Signs: Where applicable, all wiring, fittings, and materials used in the construction, connection and operations of electrically illuminated signs shall be in accordance with the provisions of the State of Ohio Building Code. All electrical feeds to freestanding signs must be underground.
(g) Maintenance and Enforcement: All signs shall be maintained in a safe/secure, clean, attractive and structurally sound condition in accordance with the following provisions;
(1) Should any sign be or become unsafe, or be in danger of falling, the owner thereof or the person maintaining the same, shall proceed immediately to put such a sign in a safe and secure condition or remove the sign.
(2) If the Municipal Administrator or designee finds that any sign is unsafe or hazardous, or has been constructed or is being maintained in violation of the provisions of this chapter, he/she shall give immediate written notice to the person for whom or by whom the sign is erected, or to the owner of the property on which the sign is located. If the person fails to remove, repair or alter the sign so as to comply with the provisions of this chapter within ten (10) working days after such notice, such sign may be removed, repaired or altered by the Municipality at the expense of that person.
(3) The Municipal Administrator or designee may cause any sign which is of immediate peril to persons or property, or erected, or placed in violation with the provisions of this chapter to be summarily removed without notice.
(4) All signs shall be maintained in a clean, safe, attractive, and structurally sound condition at all times and must be free from peeling or missing paint, burned out light bulbs, holes, or broken, cracked, bent, warped, rotted, discolored, sagging, worn, torn, rusted, defective, or missing material parts. If the face of the sign is removed, a blank opaque panel must be installed until such time that new graphics are approved and installed.
(h) Abandonment: If any business or firm discontinues operations for a period of six (6) months or more, such discontinuance shall be considered conclusive evidence of intent to abandon the business or operation. All signs erected in conjunction with the business or operation that has become abandoned are declared to be unnecessary and a nuisance and shall be removed. Whenever any business or firm has been abandoned within the meaning of this section, notice shall be given in the same manner as service of summons on civil cases; or by certified mail addressed to the owner of record of the premises at the last known address; or to the address to which tax bills are sent; or by any combination of the above methods, to remove all signs and other media from the premises within thirty (30) days after receipt of such notice. If the business or firm fails to remove such signs, so as to comply with the provisions of this chapter, the Municipality may remove them at the owner's expense.
(i) Public Safety: No sign shall obstruct pedestrian or vehicle visibility or otherwise interfere with the safe operation of vehicles or the safety of pedestrians.
(j) Interstate Highway Advertising: When conflict arises between the requirements of this chapter and those of the State of Ohio (Ohio Revised Code Chapter 5516) regarding the placement of signs adjacent to the State highways, the more restrictive regulation shall govern.
(Ord. 19-011. Passed 4-22-19.)
1178.03 SIGNS IN ALL DISTRICTS- NO PERMIT REQUIRED.
The following types of signs shall be allowed in all zoning districts in the Municipality without requiring a permit and shall meet the standards as specified below:
(a) Traffic control, directional and other similar regulatory notices; emergency notices, warnings or other such public notices requested/required and/or maintained by a Regulatory Agency or Public Utility or those approved by the Municipal Administrator or designee
(b) Seals, flags, banners, or pennants of the United States, the State of Ohio or other political unit.
(c) A-Frame signs installed in accordance with associated standards and per Zoning District Chart specifications.
(d) Temporary signs installed in Residential Zoning Districts on properties designated as Residential 1, 2, or 3 Family Dwellings. Signs shall meet all other Zoning District Chart specifications.
(e) Incidental signs.
(f) Window signs. Signs shall meet all other Zoning District Chart specifications.
(Ord. 19-011. Passed 4-22-19.)
1178.04 SIGNS IN ALL DISTRICTS- PERMIT REQUIRED.
1178.05 TEMPORARY SIGNS.
Permits are required for all temporary signage, unless otherwise specified; and signs will be limited in quantity, type, size, duration, frequency and setback as specified in the corresponding Zoning District Charts.
A maximum of two (2) different types of temporary signs per tenant, per building frontage (maximum of two (2) frontages) may be approved and installed on a property/parcel at any one time.
Exceptions:
In the Limited Industrial/PIP zoning district only; a maximum of four (4) different types of temporary signs per tenant, per frontage (maximum of two (2) frontages) may be approved and installed on a property/parcel during the once a year, 5-month extended duration period, as specified in the corresponding Zoning District Charts.
1178.05 (a) Temporary Signs - Historic District Chart.
District Type | Historic | ||||||
Sign Type | Permit Required | * Maximum Quantity | Maximum Size (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Time Duration | Frequency |
Freestanding | Yes | 1 | 32 | 14 | 5 | 2 weeks | 8 times a year |
Yard | Yes | 1 | 6 | 3 | 5 | 2 weeks | 8 times a year |
Wall | Yes | 1 | 32 | N/A | N/A | 2 weeks | 8 times a year |
Banner | Yes | 1 | 32 | 14 | 5 | 2 weeks | 8 times a year |
Real Estate | Yes | 1 | 32 | 14 | 5 | * Until sold/leased | N/A |
Window | No | N/A | 50% of window | N/A | N/A | N/A | N/A |
A-Frame | No | 1 | 6 | 3 | N/A | During hours of operation | N/A |
* Maximum Quantity is per tenant, per frontage (maximum of two (2) frontages).
* Maximum Height is measured from grade.
* Real Estate sign may remain onsite until property/space for which it is intended is sold/leased.
1178.05 (b) Temporary Signs - Office/Commercial District Chart.
District Type | Office/Commercial | ||||||
Sign Type | Permit Required | * Maximum Quantity | Maximum Size (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Time Duration | Frequency |
Freestanding | Yes | 1 | 64 | 14 | 10 | 2 weeks | 8 times a year |
Yard | Yes | 1 | 6 | 3 | 10 | 2 weeks | 8 times a year |
Wall | Yes | 1 | 64 | N/A | N/A | 2 weeks | 8 times a year |
Banner | Yes | 1 | 100 | 14 | 10 | 2 weeks | 8 times a year |
Real Estate | Yes | 1 | 64 | 14 | 10 | * Until sold/leased | N/A |
Window | No | N/A | 50% of window | N/A | N/A | N/A | N/A |
A-Frame | No | 1 | 6 | 3 | 5 | During hours of operation | N/A |
* Maximum Quantity is per tenant, per frontage (maximum of two (2) frontages).
* Maximum Height is measured from grade.
* Real Estate sign may remain onsite until property/space for which it is intended is sold/leased.
1178.05 (c) Temporary Signs - Limited Industrial / Planned Industrial Park District Chart.
District Type | Limited Industrial/Planned Industrial Park | ||||||
* Sign Type | Permit Required | * Maximum Quantity | Maximum Size (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | * Time Duration | Frequency |
Freestanding | Yes | 1 | 64 | 14 | 10 | 2 weeks | 4 times a year |
1 | 64 | 14 | 10 | *5 months | 1 time in a 12 month period | ||
Wall | Yes | 2 | 150 | N/A | N/A | 2 weeks | 4 times a year |
2 | 150 | N/A | N/A | *5 months | 1 time in a 12 month period | ||
Banner | Yes | 1 | 150 | 14 | 10 | 2 weeks | 4 times a year |
1 | 150 | 14 | 10 | *5 months | 1 time in a 12 month period | ||
Fence | Yes | 2 | 64 | N/A | N/A | 2 weeks | 4 times a year |
2 | 64 | N/A | N/A | *5 months | 1 time in a 12 month period | ||
Yard | Yes | 4 | 6 | 3 | 10 | 2 weeks | 4 times a year |
4 | 6 | 3 | 10 | *5 months | 1 time in a 12 month period | ||
Real Estate | Yes | 1 | 64 | 14 | 10 | *Until sold/leased | N/A |
Window | No | N/A | 50% of window | N/A | N/A | N/A | N/A |
A-Frame | No | 1 | 6 | 3 | 5 | During hours of operation | N/A |
* Maximum Quantity is per tenant, per frontage (maximum of two (2) frontages).
* Maximum Height is measured from grade.
* A maximum of four (4) different types of temporary signs per tenant, per frontage (maximum of two (2) frontages) may be approved and installed on a property/parcel during the once a year, 5-month extended duration period.
* Real Estate sign may remain onsite until property/space for which it is intended is sold/leased.
1178.05 (d) Temporary Signs - All Other Areas District Chart.
District Type | All Other Areas | ||||||
Sign Type | *Permit Required | * Maximum Quantity | Maximum Size (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Time Duration | Frequency |
Freestanding | Yes | 1 | 32 | 14 | 5 | 2 weeks | 8 times a year |
Yard | Yes | 1 | 6 | 3 | 5 | 2 weeks | 8 times a year |
Wall | Yes | 1 | 32 | N/A | N/A | 2 weeks | 8 times a year |
Banner | Yes | 1 | 50 | 10 | 5 | 2 weeks | 8 times a year |
Real Estate | Yes | 1 | 32 | 14 | 5 | * Until sold/leased | N/A |
Window | No | N/A | 50% of window | N/A | N/A | N/A | N/A |
A-Frame | No | 1 | 6 | 3 | 5 | During hours of operation | N/A |
* Maximum Quantity is per tenant, per frontage (maximum of two (2) frontages).
* Maximum Height is measured from grade.
* Permits are not required for temporary signs installed on Residentially zoned properties/parcels
designated as Residential 1, 2 or 3 Family Dwellings, but signage shall meet the other criteria described
above.
* Real Estate sign may remain onsite until property/space for which it is intended is sold/leased.
(Ord. 19-011. Passed 4-22-19.)
1178.06 HISTORIC DISTRICT.
(a) The Historic District includes any home, office, or business fronting on Main Street or located within one alley to the north or south of Main Street, between Center Street and Hanstein Ditch.
(b) The Historic District is the central part of the community and the focus of community life. It is the intent of these regulations to promote pleasant visual communications and, toward this end, signs erected in this area shall be harmonious with the general architectural character of the district and be compatible in design with the building for which the sign is installed.
(c) The following restrictions apply to permanent signs in the Historic District:
(d) Permanent Signs - Historic District Chart.
District Type | Historic | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Freestanding | Yes | 1 per parcel | 20 | 10 | 5 | May be permitted in the Municipality R-O-W when specifically permitted by Council or its designated representative |
Business Park District | Yes | 1 additional sign | 20 | 10 | 5 | |
Directional | Yes | -- | 30 | 10 | 5 | Maximum size per sign is 6 sq. ft. 30 sq. ft. in total signage per tenant. |
Bulletin Board | Yes | 1 per parcel | 15 | -- | 5 | |
Building Mounted | Yes | 1 per tenant | -- | -- | -- | A 2nd sign is permitted where a business has frontage on more than one (1) street or where a rear entrance is commonly used by the public. The total sign area may not exceed the maximum sign area allowed for a single sign. |
Wall | Yes | -- | Equal to 67% (1-story) or 100% (multi-story) of linear feet of building frontage | -- | -- | 1 wall sign shall be permitted on the front of the business establishment which it represents. |
Window | No | -- | 50% of window | -- | -- | |
Projecting | Yes | -- | 12 sq. ft. plus 2 sq. ft. for each full foot beyond the minimum 8 ft. clearance, to a maximum of 16 sq. ft. | May not extend above the building wall or fascia to which it is attached. | -- | Maximum horizontal projection - 4-1/2 ft. |
District Type | Historic | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Nameplate | Yes | 1 additional sign per tenant | 4 | 1 | -- | Suspended from below the centerline of an awning or canopy perpendicular to the storefront. |
Awning and Canopy | Yes | -- | 45% of the total vertical area of the awning surface up to a maximum of 12 sq. ft. | -- | -- | The advertising message shall not exceed 1 ft. in height. Light fixtures may be allowed within or under an awning. |
Directory | Yes | 1 additional sign per building | 1 ½ sq. ft. per building occupant | -- | -- | Directory signs shall be mounted flat against the face of the building like a wall sign. |
Marker or Plaque | Yes | 1 per building | 6 | -- | 5 | May be illuminated by indirect lighting or spotlight. |
* Maximum Height is measured from grade.
(Ord. 19-011. Passed 4-22-19.)
1178.07 OFFICE AND COMMERCIAL DISTRICT.
(a) For commercial and office uses located in the Suburban Office (SO), Community Commercial (CC) and Community Service (CS) Zoning Districts or within the following Planned Development Zoning Districts; Select Commercial Planned District (SCPD), Planned Shopping Center (PSC), and Planned Highway Service (PHS); such signs shall conform.
(b) The following restrictions apply to permanent signs in the Office and Commercial District:
(c) Permanent Signs - Office and Commercial District Chart.
District Type | Office and Commercial | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Freestanding | Yes | 1 per parcel | 60 | 14 | 10 | No sign, sign foundation, or any other solid portion of a sign structure exceeding 2 ft. in height shall be permitted within the sight distance triangle required in Section 1154.03(f). |
Business Park District | Yes | 1 additional sign | 60 | 5 | 10 | |
Directional | Yes | -- | 30 | -- | 10 | Maximum size per sign is 6 sq. ft. 30 sq. ft. in total signage per tenant |
Bulletin Board | Yes | 1 per parcel | 15 | --– | 5 | |
Building Mounted | Yes | 1 per tenant | -- | -- | -- | A 2nd sign is permitted where a business has frontage on more than one (1) street or where a rear entrance is commonly used by the public. The total sign area may not exceed the maximum sign area allowed for a single sign. |
Wall | Yes | -- | 75 | -- | -- | 1 wall sign shall be permitted on the front of the business establishment which it represents. |
Window | No | -- | 50% of window | -- | --– | |
Awning and Canopy | Yes | -- | 45% of the total vertical area of the awning surface | -- | -- | Over 1st floor windows and doors. The advertising message shall not exceed 1 ft. in height. Light fixtures may be allowed within or under an awning. |
District Type | Office and Commercial | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Projecting | Yes | -- | Equal to the building frontage (in linear feet), plus 2 sq. ft. for each additional foot of setback over 50 feet to a maximum of 150% of the building frontage. | May not extend above the building wall or fascia to which it is attached. | -- | Maximum horizontal projection - 4-1/2 ft. |
Nameplate | Yes | 1 additional sign per tenant | 4 | 1 | -- | Suspended from below the centerline of an awning or canopy, perpendicular to the storefront. |
Directory | Yes | 1 additional sign | 2-1/2 sq. ft. for each building occupant | -- | -- | Directory signs shall be mounted flat against the face of the building like a wall sign. |
Marker or Plaque | Yes | 1 per building | 6 | -- | 5 | May be illuminated by indirect lighting or spotlight. |
* Maximum Height is measured from grade.
(Ord. 19-011. Passed 4-22-19.)
1178.08 INDUSTRIAL DISTRICT.
(a) For industrial uses located in the Limited Industrial (LI) and Planned Industrial Park (PIP) Zoning Districts; such signs shall conform.
(b) The following restrictions apply to permanent signs in the Industrial District:
(c) Permanent Signs - Industrial District Chart.
District Type | Industrial | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Freestanding | Yes | 1 per parcel | 60 | 14 | 10 | No sign, sign foundation, or any other solid portion of a sign structure exceeding 2 ft. in height shall be permitted within the sight distance triangle required in Section 1154.03(f). |
Business Park Directory | Yes | 1 additional sign | 60 | 14 | 10 | |
Directional | Yes | -- | 30 | -- | 10 | Maximum size per sign is 6 sq. ft. 30 sq. ft. in total signage per tenant |
Bulletin Board | Yes | 1 per parcel | 15 | --– | 5 | |
Building Mounted | Yes | 1 per tenant | -- | -- | -- | A 2nd sign is permitted where a business has frontage on more than one (1) street or where a rear entrance is commonly used by the public. The total sign area may not exceed the maximum sign area allowed for a single sign. |
Wall | Yes | -- | Equal to 150% of the building frontage (in linear feet) | -- | -- | 1 wall sign shall be permitted on the front of the business establishment which it represents. |
Window | No | -- | 50% of window | -- | --– | |
Awning and Canopy | Yes | -- | 45% of the total vertical area of the awning surface | -- | -- | The advertising message shall not exceed 1 ft. in height. Light fixtures may be allowed within or under an awning. |
District Type | Industrial | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Projecting | Yes | -- | Equal to the building frontage (in linear feet), plus 2 sq. ft. for each additional foot of setback over 50 feet to a maximum of 150% of the building frontage. | May not extend above the building wall or fascia to which it is attached. | -- | Maximum horizontal projection - 4-1/2 ft. |
Nameplate | Yes | 1 additional sign per tenant | 4 | 1 | -- | Suspended from below the centerline of an awning or canopy, perpendicular to the storefront. |
Directory | Yes | 1 additional sign | 2-1/2 sq. ft. for each building occupant | -- | -- | Directory signs shall be mounted flat against the face of the building like a wall sign. |
Marker or Plaque | Yes | 1 per building | 6 | -- | 5 | May be illuminated by indirect lighting or spotlight. |
* Maximum Height is measured from grade.
(Ord. 19-011. Passed 4-22-19.)
1178.09 ALL OTHER AREAS DISTRICT.
(a) For uses located in the All Other Areas Zoning District; such signs shall conform.
(b) The following restrictions apply to permanent signs in All Other Areas District:
(c) Permanent Signs - All Other Areas District Chart.
District Type | All Other Areas | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Freestanding | Yes | 1 per parcel | The lesser of 2/3 of the total building frontage (in linear feet) - OR - 40 sq. ft. | 14 | 10 | No sign, sign foundation, or any other solid portion of a sign structure exceeding 2 ft. in height shall be permitted within the sight distance triangle required in Section 1154.03(f). |
Business Park Directory | Yes | 1 additional sign | 60 | 14 | 10 | |
Directional | Yes | -- | 30 | -- | 10 | Maximum size per sign is 6 sq. ft. 30 sq. ft. in total signage per tenant |
Subdivision | Yes | 1 per subdivision | 30 | 6 | 5 | |
Bulletin Board | Yes | 1 per parcel | 15 | --– | 5 | |
Building Mounted | Yes | 1 per tenant | -- | -- | -- | A 2nd sign is permitted where a business has frontage on more than one (1) street or where a rear entrance is commonly used by the public. The total sign area may not exceed the maximum sign area allowed for a single sign. |
Wall | Yes | -- | Equal to 150% of the building frontage (in linear feet) | -- | -- | 1 wall sign shall be permitted on the front of the business establishment which it represents. |
Window | No | -- | 50% of window | -- | --– | |
Awning and Canopy | Yes | -- | 45% of the total vertical area of the awning surface | -- | -- | The advertising message shall not exceed 1 ft. in height. Light fixtures may be allowed within or under an awning. |
District Type | All Other Areas | |||||
Sign Type | Permit Required | Maximum Quantity | Maximum Area (sq. ft.) | *Maximum Height (ft.) | Minimum Setbacks (ft.) | Other Requirements |
Projecting | Yes | -- | Equal to the building frontage (in linear feet), plus 2 sq. ft. for each additional foot of setback over 50 feet to a maximum of 150% of the building frontage. | May not extend above the building wall or fascia to which it is attached. | -- | Maximum horizontal projection - 4-1/2 ft. |
Nameplate | Yes | 1 additional sign per tenant | 4 | 1 | -- | Suspended from below the centerline of an awning or canopy, perpendicular to the storefront. |
Directory | Yes | 1 additional sign | 2-1/2 sq. ft. for each building occupant | -- | -- | Directory signs shall be mounted flat against the face of the building like a wall sign. |
Marker or Plaque | Yes | 1 per building | 6 | -- | 5 | May be illuminated by indirect lighting or spotlight. |
* Maximum Height is measured from grade.
(Ord. 19-011. Passed 4-22-19.)
1178.10 ADMINISTRATION AND ENFORCEMENT.
The provisions of this chapter shall be administered as follows:
(a) The Municipal Administrator or designee shall grant sign permits and inspect premises or buildings necessary in carrying out the duties in compliance with the provisions of this chapter. It shall be unlawful for the Municipal Administrator or designee to issue any permits or approve any plans until the plans have been inspected in detail and have met the requirements of this chapter.
(b) Before erecting, converting, enlarging, reconstructing, structurally altering, or rearranging any sign, an approved sign permit shall be obtained. Application shall be made in writing on a form furnished by the Building and Zoning Department. The application shall include the following information:
(1) Name and address of the property owner;
(2) A plot plan showing the location of all signs on the property, location of all proposed signs by street number, and setbacks from property lines;
(3) Plans showing the specific dimension, installation, and support and method of illumination. Elevation plan showing the location of signs on the property or building.
Any other pertinent data as may be required by the Municipal Administrator or designee to provide for the enforcement of this chapter.
(c) The Municipal Administrator or designee shall collect application fees for a sign permit with the application and all funds shall be deposited in a fund established by the Finance Director.
(Ord. 19-011. Passed 4-22-19.)
1179.01 LOCATION, AREA AND HEIGHT.
(a) No swimming pool, or part thereof, shall be located closer than ten (10) feet to the side or rear line of the lot or parcel upon which it is situated, or closer to any street on which such lot or parcel abuts than a distance of ten (10) feet greater than the building setback line as fixed by the Zoning Code. The area of the pool proper, exclusive of decks, walks and other appurtenances shall not exceed ten percent (10%) of the area of the lot or parcel on which it is situated.
(b) The top of the walls, decks or walks of any swimming pool shall not extend more than twenty (20) feet beyond the pool proper in each direction, except that where any side of the pool is less than twenty (20) feet from any lot line, the difference between such distance and twenty (20) feet shall be added to the required distance of the portion beyond the opposite side of the pool.
(1) In the event that, because of the unusual shape or grade of the lot, or the location or shape of the pool, the foregoing formula cannot be applied with reasonable results, the Municipal Administrator or designee shall be empowered to fix the location of the pool site to be used in determining the maximum grade of the pool, in keeping with the results sought to be achieved by the formula;
(2) In the event of dissatisfaction by any interested party with the determination of the Municipal Administrator or designee, an appeal may be taken to the Board of Zoning Appeals.
(c) No lights, diving boards or other accessories shall project more than ten (10) feet above the average grade of the pool site as determined under the provisions of this section.
(Ord. 19-011. Passed 4-22-19.)
1179.02 FENCES.
(a) Every swimming pool shall be completely enclosed by a fence or barrier of sturdy construction not less than forty-eight (48) inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under the fence or barrier. Each gate or door in the fence or barrier shall be self-closing and self-latching. Where the self-latching device is less than fifty-four (54) inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Each gate or barrier shall be provided with a secure lock and shall be kept locked at all times when the depth of the water in the pool exceeds eighteen (18) inches, unless the pool is in use or is under the immediate supervision of a responsible person. No part of any fence shall be located between the building setback line fixed by the Zoning Code and the street on which the lot or parcel abuts.
(b) The Administrator or Designee shall have the power to make exceptions to and modification of the above requirement for existing pool fences, in cases in which, in the Administrator/Designee's opinion such requirements are not essential to safety and the enforcement thereof would work hardship on the owners.
(Ord. 19-011. Passed 4-22-19.)
1179.03 LIGHTS.
All lights used for illuminating a swimming pool or the surrounding areas shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property. (Ord. 19-011. Passed 4-22-19.)
1179.04 DRAINAGE.
Provisions shall be made for drainage of a swimming pool into a public storm sewer where possible, or a sanitary sewer, unless there is a ditch or natural watercourse of sufficient size and gradient adjacent to the pool location to carry off the water satisfactorily, in which case drainage may be made into such ditch or watercourse. Permission must be obtained from the Municipal Administrator or designee before the pool is drained in whole or in any substantial amount in order to prevent overloading the sewer or ditch in times of heavy rain. In no case shall the pool be drained, directly or indirectly, into any street.
(Ord. 19-011. Passed 4-22-19.)
1179.05 PERMITS.
(a) No person shall locate, construct or install any swimming pool or make any changes therein or in the appurtenances thereof without having first submitted an application and plans therefore to, and having obtained a permit from, the Municipal Administrator or designee. The fee for such permit which shall be collected by the Municipal Administrator or designee pursuant to Section 1132.02(a) (Application Fees).
(b) No person shall use, operate, repair or maintain any swimming pool in violation of any of the provisions of this chapter or any lawful order of the Municipal Administrator or designee. (Ord. 19-011. Passed 4-22-19.)
1180.01 GENERAL REGULATIONS.
Radio and television towers, antennae, satellite earth stations (dish antennae), solar collectors, and similar structures shall be permitted in association with a principal use or structure provided that the following standards are met:
(a) All towers, antennae, windmills, and similar accessory structures shall be located to the rear of the building setback line. No such structure shall be permitted to encroach upon the minimum required side yard and rear yard.
(b) No such structure shall be permitted to exceed thirty-five (35) feet in total height, inclusive of the height of any building or base upon which said structure is erected, except upon issuance of a Conditional Use Permit in accordance with this Zoning Ordinance.
(c) Any guy wire anchorage or similar device shall be at least ten (10) feet from any property line.
(d) No structure shall be in excess of a height equal to the distance from the base of the structure to the nearest overhead electrical power line or phone line less ten (10) feet.
(e) No structure shall be in excess of a height equal to the distance from the base of the structure to the nearest lot line less ten (10) feet.
(f) Suitable fencing and/or landscaping or other treatment shall be provided to effectively prevent unauthorized climbing of the structure.
(g) The structure or activity for which the structure is used shall not interfere with radio and television reception on nearby properties.
(Ord. 19-011. Passed 4-22-19.)
1180.02 WIRELESS TELECOMMUNICATIONS FACILITIES.
(a) With the exception of necessary electric and telephone service and connection lines, 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 a main or accessory structure on a Wireless Facility site when not involving a change to an existing approved 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 reasonably blend into the surrounding environment through the use of neutral colors (such as gray), screening, landscaping and architecture, unless the 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 requirement, have an eight (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
(d) No commercial advertising shall be allowed on a 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 required by FAA regulations, other Federal of 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 light 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 to the facility are being made.
(g) Co Location on Existing Wireless Facility:
Installation of an antenna on any existing Wireless Facility is a permitted use.
(h) Co-Location by Attachment to Existing Structure:
(1) This section addresses 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;
(2) Such Wireless Facilities, including associated equipment and accessory structures, shall submit a plot plan to the zoning inspector (be subject to the Minor Site Plan Review procedures) and have the following minimum standards;
A. The site plan/area map included in the application shall contain a drawing and a description of the proposed facility including, but not limited to, colors and screening methods;
B. The addition of a Wireless Facility to an existing structure shall not cause the height of said structure to increase by more than twenty percent (20%);
C. Wireless facilities erected upon, or attached to, existing structures shall not be subject to standard setback requirements.
(i) Freestanding Wireless Facilities:
(1) Freestanding wireless facilities shall obtain a certificate of zoning compliance as specified in Section 1132.01.
(2) An affidavit of intent committing the site owner, his successors and assigns 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.
(3) Freestanding wireless facilities are subject to the following standards.
A. The Wireless Facility shall be set back 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.
B. A Freestanding Wireless Facility may not be located in a designated historic district unless approved by the Planning Commission.
C. 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 one hundred twenty (120) feet in height or at least one comparable antenna if the tower is over seventy (70) feet in height but less than one hundred twenty (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.
D. Towers shall be of a monopole design, and guyed or lattice towers are prohibited.
E. Towers shall be constructed of galvanized metal or other approved material.
F. 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.
G. 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.
(j) Radio/TV Wireless Facilities:
Radio/TV Wireless Facilities are subject to the following standards
(1) A Radio/TV Wireless Facility may not be located in a designated historic district unless approved by the Planning Commission;
(2) The facility shall be setback from the property line in all directions a distance equal to the height of the tower or antenna or one-hundred (100) feet, whichever is greater, if the facility abuts a residential district or household living or group living uses;
(3) The tower or antenna shall be constructed so that if failure does occur, it will collapse into itself and will not fall onto structures near the site.
(k) Inspections: All Wireless Facilities may be inspected at any time by the Municipality 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.
(1) Abandoned or Unused Facilities. All abandoned or unused Wireless Facilities shall be removed by the operator within 6 months of the cessation of the 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;
(2) 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.
(Ord. 19-011. Passed 4-22-19.)
1180.03 WIND TURBINES.
The purpose of these regulations is to establish general guidelines for the location of wind turbine generators (sometimes referred to herein as "WTG") and anemometer towers. The importance of clean, sustainable, and renewable energy sources is recognized, and as such, under carefully controlled circumstances, the placement of wind turbine generators may be in the interest of specific residents and/or the general public. However, it is also recognized that there is a need and responsibility to ensure the safety and well-being of residents, and to protect the scenic beauty of the Municipality from unnecessary and unreasonable visual interference, noise radiation, and that wind turbine generators may have negative health, safety, welfare, and aesthetic impacts upon adjoining and neighboring uses. As such, this amendment seeks to:
(a) Protect residential, rural and commercial areas from the potential adverse impact of wind turbine generators.
(b) Permit wind turbine generators in selected areas by on-site rural, residential, commercial, or industrial users; subject to the terms, conditions, and provisions hereof.
(c) Ensure the public health, safety, and welfare of the Municipality's residents in connection with wind turbine generators.
(d) Avoid potential damage to real and personal property from the wind turbine generators or anemometer towers or the failure of such structures and related operations.
Procedure:
Any proposed construction, erection, or sitting of a wind turbine generator or anemometer shall be permitted only by issuance of a Conditional Use Permit in accordance with Chapter 1134 (Conditional Uses).
Wind Turbines:
(d) Wind turbines of one hundred twenty (120) feet or less shall be a conditionally permitted use in all rural, residential, limited industrial, planned industrial and select commercial planned districts under the following conditions:
(e) The maximum height of any turbine shall be one hundred twenty (120) feet.1
(f) Setbacks: Any turbine erected on a parcel of land shall establish a "clear fall zone" of 1.25 times the maximum height of the turbine from all neighboring property lines and structures, as well as any structures on the parcel intended for the turbine.
(1) The clear fall zone shall remain unobstructed and confined within the property lines of the primary parcel where the turbine is located;
(2) A turbine shall be placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located, and would not strike any structures including the primary dwelling, and/or any accessory buildings or uses.
(h) Aesthetics: The turbine, including the prop blades, turbine, cowling, and tower shall be painted or coated white, gray, or sky blue. Logos or other identifications markers other than those of the manufacturer and model type shall not be permitted anywhere on the turbine.
(i) Safety:
(1) Fencing: If climbing access to the turbine is less than twelve (12) feet from the ground, then fencing shall be required around the base of the turbine;
(2) Signage: a "Danger High Voltage" sign shall be placed on either the turbine or surrounding fencing.
(j) Noise: Maximum noise levels shall not exceed sixty-five (65) db above the ambient noise level.
(k) Maintenance: Wind turbines shall be maintained in good working order. Turbines that become inoperable for more than six (6) months shall be removed by the owner within thirty (30) days of issuance of zoning violation. Removal includes all apparatuses, supports, and or other hardware associated with the existing turbine.
(l) Permits:
(1) A zoning certificate shall be required before construction can commence on an individual wind turbine system,
(2) As part of the application process, the applicant shall inquire with the Municipality of Groveport as to whether or not additional height restrictions are applicable due to the units' locations in relation to any airport or air field. Applicant shall then provide the Zoning Inspector with the following items and/or information when applying for a permit:
A. Location of all public and private airports in relation to the location of the turbine, as well as any applicable FAA restrictions that may be applicable to the turbine.
B. An engineering report that shows:
C. The total size and height of the unit.
D. An average decibel rating for the particular model.
E. A list and/or depiction of all safety measures that will be on the unit including anti-climb devices, and lightning protection.
F. Data specifying the kilowatt size and generating power of the particular unit.
G. Evidence of "clear fall zone" with manufacturer's recommendation. If the manufacturer's recommended clear fall zone is greater than that which is required herein, then the greater of the two shall apply.
(3) A site drawing showing the location of the unit in relation to existing structures on the property, roads, and other public right-of-ways, and neighboring properties;
(4) Color of the unit as well as the location and size of the manufacturer's identifying logos shall be included in the plan;
(5) A maintenance schedule as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the application process.
(Ord. 19-011. Passed 4-22-19.)
1180.04 SOLAR PANELS.
The Standards of this section apply to all solar panel energy conversion systems that are accessory to a principal structure.
(a) Location Without Conditional Use: Panels must be attached to a building. Panels must be installed parallel to the roof slope and project no more than twelve (12) inches from the roof surface.
(Ord. 19-011. Passed 4-22-19.)
1180.05 PLOT PLAN FOR TOWERS, ANTENNAE, WIND TURBINES, AND SIMILAR STRUCTURES.
Prior to issuance of any Certificate of Zoning Compliance for a tower or similar structure, the applicant shall submit a plot plan and supporting information to the Municipal Administrator or designee which shows the following:
(a) Proposed location and height of proposed structure, support systems, and distances to the nearest phone, electric lines and property lines.
(b) Type of structure and construction materials, and, if requested by the Municipal Administrator or designee, a structural engineering analysis.
(c) Documentation of any maintenance program which may be necessary.
(d) Proof that a building permit can be obtained or is not necessary for the proposed structure.
(e) Proof that any license which may be required has been or will be obtained.
(f) All fencing, landscaping, or other treatment which may be required.
(g) Proof of liability insurance covering any damages which may be caused by failure related to accessory structure.
(h) Other information as may be requested by the Municipal Administrator or designee.
(Ord. 19-011. Passed 4-22-19.)
1181.01 INTENT.
Existing lots, structures and accessory development or the use of lots and/or structures which would be prohibited under the regulations for the Zoning District in which they are located shall be considered as nonconforming. It is the intent of this Zoning Ordinance to permit these nonconforming situations to continue until they are removed, but not to encourage their continued use or expansion, except as follows:
(Ord. 19-011. Passed 4-22-19.)
1181.02 NONCONFORMING LOTS.
The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the Zoning District in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained by council or through action of the Board of Zoning Appeals in accordance with the provisions of Chapter 1137 (Appeal and Variance Administration Review).
(Ord. 19-011. Passed 4-22-19.)
1181.03 NONCONFORMING STRUCTURES AND DEVELOPMENT.
Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the Zoning District in which they are located may be altered, reconstructed or extended only in such manner that the alteration, reconstruction or extension will comply with the development standards of the Zoning District in which the structure and/or accessory development is located. Such alteration, reconstruction, or extension shall include such additional development and compliance with the development standards of the Zoning District as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished.
For existing non-conforming fences, see Section 1174.02(h).
(Ord. 19-011. Passed 4-22-19.)
1181.04 NONCONFORMING USES.
The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the following:
(a) Change of a nonconforming use shall be allowed to a permitted use of the Zoning District in which the nonconforming use is located.
(b) On approval of an appeal to the Board of Zoning Appeals, a nonconforming use may be:
(1) Changed to a use found to be more nearly in character with the Zoning District in which the nonconforming use is located;
(2) Expanded within an existing structure arranged or developed for such purpose; or
(3) Expanded to occupy one (1) or more new or existing structures to be erected or modified for the purpose of accommodating the extension of such nonconforming use, where such structures to be erected or modified are in accordance with the development standards (other than as such standards relate to use) of the Zoning District in which such use is located.
(c) No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least two (2) years. The nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half (1/2) of its fair value, and provided such reconstruction is started within twelve (12) months of such calamity and is continued in a reasonable manner until completed. Notwithstanding the foregoing, existing non-conforming residential uses located in a non-residential district damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity regardless of the extent of damage, provided such reconstruction is started within twelve (12) months of such calamity and is continued in a reasonable manner until completed.
(Ord. 19-011. Passed 4-22-19.)
1183.01 PURPOSE.
Short term rentals are unique, semi-commercial operations that adapt a residential environment into a lodging concept, limited in scope and operation. The purpose of this chapter, and Chapter 1173 is to provide a systematic set of requirements to ensure that such operations shall not adversely impact adjacent uses as a result of the commercial aspects of the structure and property. Short term rentals shall be the subordinate to the principal use of a structure as a single-family dwelling or dwelling unit. The intent of this chapter is not to provide an opportunity for the establishment of an intensive commercial lodging business, which would be considered appropriate within an intensive commercial or planned commercial zoning district, but rather in certain locations to provide a limited commercial use in a residential or commercial district.
(Ord. 2024-032. Passed 10-14-24.)
1183.02 LICENSURE.
Short term rentals are required to be licensed as provided in Chapter 1173.
(Ord. 2024-032. Passed 10-14-24.)
1183.03 DEVELOPMENT STANDARDS.
The following development standards apply to short term rentals in addition to the development standards in the underlying zoning classification. In the event of a conflict of those standards, the more restrictive standards shall apply.
(a) Uses Permitted in Single-Family Detached Dwellings. Only minimal interior modifications a single-family dwelling shall be permitted in the original architectural style of the house for safety purposes only. Interior modifications of the size of bedrooms and baths shall be permitted. Each short-term rental shall be required to have a dining room no smaller than 100 square feet.
(b) Accessory Buildings. Short term rentals shall not be allowed in any detached structure, or in a garage and no Short-term renters or guests shall be permitted to sleep in any accessory building to the primary building on the site. Sleeping shall not be permitted outside or in tents, campers, or other similar temporary structures outside of the main dwelling.
(c) Consecutive Nights. Each guest may stay at a property designated as a short-term rental property for not more than fourteen consecutive nights at any single visit.
(d) Kitchen Facilities. Only one kitchen facility shall be permitted per short term rental structure. No cooking facilities of any type shall be permitted in individual guest quarters, and no food shall be served in guest quarters.
(e) Bathrooms. A minimum of one full bathroom, including tub or shower, toilet and sink, shall be required for every two guest rooms, to be available for the exclusive use of short-term rental guests. No bathroom shall be located in the basement.
(f) Guest Registration Requirements. The owner must maintain current guest registration records which contain the following information about each guest: the guest's name, address, signature, room assignment and dates of accommodation. The registration records shall be kept on file for three years and upon request by any authorized City official, shall be made available for inspection by such City official during regular business hours or in case of an emergency.
(g) Nuisance Conditions; Revocation or Suspension of Permits. Short Term Rentals shall not be permitted to create or continue a nuisance under either state or local law, and the City license shall be revoked or suspended by the City whenever the operation endangers, offends or interferes with the safety or rights of others so as to constitute a nuisance.
(h) Guest Rooms. There shall be no more than three guest rooms within a single-family dwelling that are utilized by short term rental customers. A guest room shall contain no less than 100 square feet of living space, not including closets. Guest rooms must be limited to only the first and second floors; no guest room may be located on the third floor, or in the basement.
(i) Trash. Refuse and recyclables shall be stored in appropriate containers with tight-fitting lids and shall be regularly picked up by Groveport's contracted waste hauler.
(j) Quiet Hours. Short-term Home rentals shall observe quiet hours between 10:00 p.m. and 7:00 a.m.
(k) Pets. Pets shall be secured on the premises or on a leash at all times.
(l) Parking. One off-street parking space shall be provided for each bedroom. Such off-street parking spaces shall be provided in an existing driveway or in a garage.
(m) Signage. One on-premises, flat sign against the dwelling shall be permitted for each short-term rental, not to exceed three square feet in area. The sign shall not be internally illuminated. No window display or signboard shall be allowed. In addition, all group housing signage shall comply with Chapter 1178.
(n) Security. Outdoor security cameras must be provided. No security lighting shall be permitted which reflects or is directed out of the yard of the owner of the short-term rental.
(o) Exits. In addition to the requirements of the Residential Code of Ohio, a minimum of two exits from the bed and breakfast area at the level of exit discharge shall be provided.
(p) Bed Tax. The bed tax applying to the short-term rentals shall be the same as that for hotels and motels.
(q) Allowable Number of Occupants. A maximum of six guests, including minor children, shall be permitted at any one time.
(r) Record Keeping. All Short-term Home rental property owners shall retain, and upon request, make available to the City Administrator, their designee or law enforcement officials, records to demonstrate compliance with this Chapter 1182 and Chapter 1173, including, but not limited to, primary residency, the name of the short-term rental guest responsible for the reservation and/or who rented the unit on each night, dates of the rental, price per night, and duration of stay in a short-term rental.
(Ord. 2024-032. Passed 10-14-24.)
1183.04 PROHIBITED ACTS.
In addition to all other application laws, it shall be unlawful for any person engaged in the business of short-term rentals to:
(b) Permit or have special events that exceed the maximum number of occupants permitted under the short-term rental provisions of this Chapter including but not limited to a wedding, party, family reunion, or similar gathering.
(c) Use or permit the use of a hot plate, coffee maker or other cooking device in any sleeping room or bathroom;
(d) Permit any criminal activity or public nuisance to take place on the premises. If an owner knows or suspects that any criminal activity or public nuisance is taking place on or immediately adjacent to the premises, the owner shall immediately notify the Groveport Police Department of such fact, and shall cooperate with the Groveport Police Department in any investigation that may ensue; or
(e) Knowingly make any false or misleading statement about such person's criminal background in connection with any application-submitted pursuant to this chapter. A single violation of this subsection shall result in permit revocation.
(f) Allow a dwelling to be listed or advertised as a short-term rental prior to obtaining a license or if the license has been revoked, suspended, or denied.
(Ord. 2024-032. Passed 10-14-24.)
1183.99 PENALTY.
Except as otherwise provided herein, whoever violates any provision of this Chapter for which no other specific penalty has been provided by law or ordinance other than the denial, suspension or revocation of a license, shall be fined not more than one hundred dollars ($100.00). Each day's continuance shall constitute a separate offense.
Whoever violates Section 1184.04(d) or (e) of this Chapter is guilty of wrongful rental/use of residential property, a misdemeanor of the third degree. A second violation of such Sections is a misdemeanor of the second degree. Any violation of this chapter that represents a third or further violation shall be a misdemeanor of the first degree. A separate offense shall be deemed committed each day a violation occurs or continues.
(Ord. 2024-032. Passed 10-14-24.)