Millersburg City Zoning Code
TITLE SEVEN
Supplementary Zoning Regulations
1171.01 LOT WIDTH.
(a) Frontage Required. No building, structure, or improvement shall be constructed or altered unless its lot fronts on a publicly dedicated and improved street or thoroughfare within the Village.
(b) Lot Width. Lot width shall be measured along the minimum building setback line for the district within which such lot is located. On curved streets, the chord distance shall be used in calculating lot width.
(Ord. 2004-111. Passed 7-26-04.)
1171.02 FRONT YARDS.
(a) Front Yard Requirements. Front yards shall be maintained in a neat and orderly state and kept free of trash and debris. In all districts, driveways may be located in front yards.
(b) Front Yard Measurements. Front yard depth shall be measured from the right-of- way line of the street or highway to the building line.
(c) Open Porches. An open, uncovered porch or paved terrace may not project into the required front yard for distance of greater than ten (10) feet.
(d) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a front yard no more than three (3) feet.
(e) Corner Lots. Lots fronting on more than one street shall provide the required front yard on both streets. Setbacks for one (1) of the other two (2) sides of the corner lot shall be as required for the rear yard in the district where the lot is located.
(Ord. 2004-111. Passed 7-26-04.)
1171.03 SIDE YARDS.
(a) Measurement. Side yard width shall be measured from the nearest side lot line to the building line.
(b) Open Porches. In a residential district, an open, uncovered porch or paved terrace may project into a required side yard, if a minimum of three (3) feet is maintained to any adjoining lot line.
(c) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a side yard no more than three (3) feet with minimum of two (2) feet maintained to any adjoining lot line.
(Ord. 2004-111. Passed 7-26-04.)
1171.04 REAR YARDS.
(a) Measurement. Rear yard depth shall be measured from the rear lot line to the building line. Where a lot abuts a service street or alley, the rear yard shall be measured from the right-of-way line of the existing street or alley.
(b) Accessory Uses or Structures. Accessory uses or structures may be allowed in a rear yard, subject to requirements of Section 1173.01.
(c) Architectural Features. Cornices, canopies, eaves, pilasters, sills or other architectural features may project into a rear yard no more than three (3) feet with a minimum of two (2) feet maintained to any adjoining lot line.
(Ord. 2004-111. Passed 7-26-04.)
1171.05 HEIGHT.
Height regulations specified in the various zoning districts shall not apply to chimneys, tanks, cupolas, silos, domes, spires, or similar structures.
(Ord. 2004-111. Passed 7-26-04.)
1173.01 ACCESSORY BUILDINGS AND/OR STRUCTURES.
Accessory building or structure" shall mean a structure and/or use which is subordinate, secondary, and incidental to the principal building or use and is located on the same lot as the principal building or use. Residential accessory structures include detached garages, tool and garden sheds, tennis courts, swimming pools and similar facilities. Such accessory structures are subject to the following additional requirements:
(a) In the R-2, and/or R-3 Districts, no separate accessory structure can be erected on a vacant lot, or any lot where there is no principal residential structure, without the specific approval of the Planning and Zoning Board. Such approval, if granted, shall specify the conditions under which such accessory building can be erected.
(b) An accessory use or structure shall not exceed eighteen (18) feet in height.
(Ord. 2016-105. Passed 8-22-16.)
(c) A freight or shipping container shall not be used as an accessory building or structure unless it meets the following criteria:
(1) It is what is typically referred to as an intermodal freight container defined as a durable closed rectangular box, made of metal, preferably rust-retardant Corten steel; almost all usually eight (8) feet (2.44 m) wide, and of either twenty (20) or forty (40) feet (6.10 or 12.19 m) standard length, as defined by the International Organization for Standardizations (ISO) standard 668:2020. The worldwide standard heights are eight (8) feet six (6) inches (2.59 m) and nine (9) feet six (6) inches (2.90 m).
(2) The container must be sided or painted to fully cover all previous shipping and/or manufacturer numbers, names, logos, etc.
(3) The container, if set on a leveling pad or blocking, shall have suitable skirting placed on any visible opening between the container and adjacent ground.
(4) The Planning and Zoning Board must specifically approve said structure.
(Ord. 2024-102. Passed 3-11-24.)
(d) An unattached accessory structure shall be located within any side or rear yard. Such accessory structure shall be constructed not closer to the side lot line than the side yard requirement of the district where it is located, and not less than ten (10) feet from the rear lot line, unless such lot backs unto a dedicated right- of-way or alley, in which case such setback shall not be less than five (5) feet from such right-of-way or alley. (Ord. 2016-105. Passed 8-22-16.)
(e) The use of all accessory structures shall conform to the definition above, and no accessory structures shall be used for human habitation, or for any use that is not consistent with the accessory use permitted in the Millersburg Codified Ordinances, specifically Part Eleven - Planning and Zoning Code.
(Ord. 2024-114. Passed 11-11-24.)
1173.02 HOME OCCUPATIONS.
Home occupations shall be considered as an accessory use as specified in the respective zoning districts of the Planning and Zoning Code. In addition, all home occupations shall comply with the following standards:
(a) The use shall be clearly incidental and secondary to residential use of the dwelling and not more than twenty-five percent (25%) of dwelling unit floor area is devoted to the home occupation.
(b) The home occupation shall not generate greater vehicular traffic volume than is normal for a residential neighborhood.
(c) Not more than one (1) person, other than immediate family residing at the premises, shall be employed in such occupation.
(d) External indication of such home occupation shall be limited to one non-illuminated sign, not more than twelve (12) square foot in area.
(e) At least one (1) off-street parking space shall be provided for each employee other than immediate family members residing on the premises. Such parking spaces shall not be located on any driveway or within the front yard.
(f) No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot.
(g) No home occupation shall involve the exterior storage of equipment or inventory.
Generally, home occupations shall be regulated not by the specific activity performed, but rather by the presence of external impacts that may affect the residential character of the surrounding area. In particular, a home occupation shall consist primarily of rendering specific personal services. Examples would include a salesperson, member of the clergy, lawyer, engineer, architect, real estate consultant, accountant, artist, computer or telecommunications worker or private teacher. The home occupation shall be performed by the occupant of the premises. (Ord. 2004-111. Passed 7-26-04.)
1173.03 GROUP RESIDENTIAL FACILITIES.
"Group residential facilities" shall be defined and classified in Chapter 1113. A Class I Type B group residential facility, as defined in Chapter 1113, is permitted by right in any zoning district that permits single-family dwellings. A Class I Type A group residential facility shall be considered as a conditional use in the R-4 and B-1 Districts, subject to the standards below. A Class II Type A or Type B group residential facility shall be treated as a conditional use in the B-2 District subject to the standards below:
(a) The facility shall obtain all approvals and/or licenses as required by state and local laws.
(b) The facility shall provide 24-hour supervision by trained and qualified professional personnel.
(c) No exterior alterations of the structure shall be made which would be inconsistent with the residential character of the residential structures in the surrounding neighborhood.
(d) The facility shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
(e) Such facilities shall be required to provide appropriate sleeping quarters without using normal living areas, such as living rooms, dining room or kitchen for sleeping.
(f) Such facilities shall meet all applicable local and/or state building, safety and fire safety requirements for the proposed use and level of occupancy.
(g) Such facilities shall be reasonably accessible, by virtue of location or transportation provided by the applicant, to medical, recreational and retail services, and employment opportunities.
(h) The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, including a structured procedure whereby their grievances may be filed and resolved.
(Ord. 2004-111. Passed 7-26-04.)
1173.04 PRIVATE SWIMMING POOLS.
A "private swimming pool" as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than one and one-half (1 ½) feet. No such swimming pool, exclusive of portable swimming pools with an area of less than 100 square feet, shall be allowed in any residential district unless the following conditions and requirements are complied with:
(a) The pool is intended to be used solely for the occupants of the principal use of the property on which it is located.
(b) Such pool, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard, nor closer than five (5) feet to any property line or structure.
(c) The area of the swimming pool, exclusive of decks, walks and other appurtenances, shall not exceed ten percent (10%) of the area of the lot or parcel.
(d) Any private swimming pool, or the property on which the pool is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than six (6) feet in height, maintained in good condition, and affixed with an operable gate and lock.
(e) All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.
A zoning permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or his agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.
(Ord. 2004-111. Passed 7-26-04.)
1173.05 RESIDENTIAL FENCES AND/OR HEDGES.
(a) Definition. "Fence" or "wall" means any structure composed of wood, metal, stone, brick or other material, including hedges or other plants, erected in such a manner and location so as to enclose, partially enclose or divide any premises or part of premises for the purpose of confinement, screening, partitioning, or decoration. Trellises or other structures for the purpose of supporting vines, flowers or other vegetation, when erected in such a position so as to enclose, partially enclose or divide any premises or any part of premises shall also be considered a fence.
(b) Permit Required. No fence or wall, as defined above, may be erected unless the property owner or his agent files application with the Zoning Inspector. Such application shall include a drawing of the lot, showing the actual location of the proposed fence or wall. The property owner shall determine property lines and certify that the fence or wall does not encroach upon another lot or parcel of land.
(c) Height and Location. The permitted height of a fence or wall shall be determined by its location on the property as follows:
(1) No fence shall be erected less than six inches (6”) from any property line.
(2) A decorative fence or wall not exceeding thirty-six inches (36") in height may be erected within the front yard provided that such decorative fence shall not be opaque, shall not consist of discarded wood or debris, and is located not less than five feet (5’) from the street right-of-way line
(3) A fence or wall not exceeding seventy-two inches (72") in height may be erected in any side or rear yard so long as a minimum distance of five feet (5') is maintained from the street right-of-way line
(4) No fence, hedge, or wall shall be erected on any lot in such a manner so as to obscure the vision of motorists approaching a street intersection, within a twenty-five (25) feet clear sight distance along either street approaching said intersection.
(d) Prohibited Fences. In the R-2, R-3 and/or R-4 Districts, no person shall erect or maintain any fence or wall charged with electrical current, nor shall any person erect or maintain any fence or wall having wire or metal prongs or spikes, or other cutting points or edges.
(Ord. 2004-111. Passed 7-26-04.)
1175.01 PURPOSE.
The purpose of these requirements is to encourage the orderly development of parking areas within the Village and to promote the safety of residents and visitors by insuring the efficient handling and storage of vehicular traffic.
(Ord. 2004-111. Passed 7-26-04.)
1175.02 PROVISION FOR PARKING AND LOADING REQUIRED.
In all zoning districts, at the time any building, structure or use is changed, established, erected, developed, or is enlarged or increased in capacity, off-street parking and loading shall be provided in accordance with the provisions of this Chapter. Such parking spaces shall be provided prior to the issuance of any Certificate of Zoning Compliance.
(Ord. 2004-111. Passed 7-26-04.)
1175.03 GENERAL REQUIREMENTS.
(a) Access. All off-street parking and loading areas provided in accordance with this Section shall have direct access to a publicly dedicated and improved street or alley.
(b) Surfacing. Except for parking areas serving single-family residential uses, all off- street parking and loading areas, including traffic movement and maneuvering lanes, shall be properly graded, drained, marked and surfaced with asphalt or concrete so as to provide a hard durable surface.
(c) Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect light away from any adjoining premises in any zoning district where residences are a permitted use. In addition, such lighting shall be so arranged as to not interfere with traffic on any adjoining street or to be confused with any traffic control lighting.
(d) Location of Parking and Loading Spaces. A five (5) foot clear zone shall be maintained between the street right-of-way line, and any vehicle. Parking areas shall be so designed and arranged as to not allow the protruding of any vehicle, or portion thereof, over the clear zone. (Ord. 2004-111. Passed 7-26-04.)
1175.04 SPECIAL PARKING PROVISIONS.
(a) Screening and Landscaping. Off-street parking areas for more than ten (10) vehicles shall be effectively screened on such boundaries where such areas are adjacent to any district where single-family residences are a permitted use. Such screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or a combination of these elements. In those cases where such screening is required, a plan showing same shall be submitted with the application for a zoning permit. Such screen shall be a minimum of ten feet (10’) in width and four feet (4’) feet in height, and shall have a minimum of at least 75% opacity at full foliage. The use of year-round vegetation, such as pines or evergreens, is encouraged.
(b) Joint Use. Two or more nonresidential uses may jointly provide parking spaces, provided the total number of spaces is adequate for the proposed uses and that a written agreement specifying suitable terms is approved by the Village Solicitor and Village Council.
(c) Other Locations. Parking spaces may be located on a lot other than that containing the principal use, provided such lot is within 300 feet of the use, provided a written agreement specifying the terms of the use of such spaces is approved by the Village Solicitor and Village Council.
(d) Any off-street parking area containing more than five (5) spaces shall comply with the current stormwater prevention regulations of the Village of Millersburg, as may be amended, as provided by the Zoning Inspector.
(Ord. 2004-111. Passed 7-26-04.)
1175.05 PARKING IN THE DOWNTOWN BUSINESS DISTRICT.
The Downtown Business (DB) District is characterized by higher development density, small lots, and minimal building setbacks. Historically, a significant portion of the parking needs of this area has been provided by on-street parking, an option that is typically not available for suburban-type locations. For this reason, special parking regulations are warranted.
(a) For non-residential uses located within the DB District, only twenty-five percent (25%) of the required number of parking spaces as specified in Section 1175.07 below shall be required, provided that in all cases, sufficient off-street spaces shall be provided for all employees of the establishment.
(b) Required parking spaces may be located within 300 feet of the principal use which they are intended to serve.
(c) Two or more uses within the DB District may meet the parking requirements by the joint provision of parking facilities, provided the number of spaces and location otherwise meet the requirements of this Chapter. In such case, the applicant shall provide a written agreement between the parties, stating the terms under which such joint parking is provided and maintained.
(Ord. 2004-111. Passed 7-26-04.)
1175.06 PARKING LIMITATIONS IN RESIDENTIAL DISTRICTS.
Travel trailers, motor homes, pick-up campers, folding tent trailers, boats or boat trailers, utility trailers and similar equipment shall not be parked on streets or alleys in any district where residences are a permitted use, for a period of time exceeding seventy-two (72) hours. In addition, the storage of such equipment shall be subject to the following requirements:
(a) Such recreational equipment shall not be parked or stored within the street right-of-way.
(b) Not more than two (2) pieces of recreational equipment shall be permitted to be stored outside on a parcel containing a single family or two-family dwelling. For the purpose of this Section, a boat stored on a boat trailer shall be deemed one piece of recreational equipment.
(c) Recreational equipment shall not be occupied or used for living, sleeping, housekeeping, storage or business purposes on a regular basis.
(Ord. 2004-111. Passed 7-26-04.)
1175.07 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.
Parking spaces shall be provided according to the following schedule of uses. If a use consists of more than one component use (e.g., a school with a stadium) the required number of parking spaces shall be the sum of the required spaces for those component uses.
(Ord. 2004-111. Passed 7-26-04.)
1175.08 SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES.
USE | NUMBER OF REQUIRED SPACES |
(a) Residential. | |
(1) Single or multiple- family residences | Two (2) per dwelling unit |
(2) Institutional housing, other residential uses | One (1) per three (3) occupants plus two (2) for each main work shift |
(b) Commercial. | |
(1) Professional, administrative and business | One (1) for each 400 S.F. of gross floor area |
(2) Food, department, general merchandise, hardware, drugs, or other retail sales | One (1) for each 200 S.F. of gross floor area |
(3) Eating or drinking establishments without drive-through facilities | One (1) for each 100 S.F. of gross floor area |
(4) Eating or drinking establishments with drive-through facilities. | One (1) for each 75 S.F. of gross floor area plus additional spaces in the drive-through lanes equal to twenty-five percent (25%) of the required number of parking spaces |
(5) Personal services, including banks, savings and loans, and repair services without drive-through facilities. | One (1) for each 200 S.F. of gross floor area |
(6) Personal services, including banks, savings and loans, and similar services with drive- plus additional space in drive-through lanes equal through facilities to eighty percent (80%) of the required number of parking spaces | One (1) for each 200 S.F. of gross floor area. |
(7) Barber and beauty shops | Two (2) for each work station |
(8) Gasoline and service stations, automobile service | Two (2) for each service bay plus one (1) for each pump, plus one (1) for each employee during the main shift |
(9) Self-serve laundries | One (1) for each three(3) washers |
(10) Medical and dental offices, human clinics | Four (4) for each doctor or dentist |
(11) Veterinary clinics, animal hospitals | Three (3) for each doctor |
(12) Hotels, bed-and-breakfast establishments | One (1) for each sleeping room plus one (1) for each employee during the main shift |
(13) Funeral homes | One (1) for each 400 S.F. of gross floor area |
(c) Industrial. | |
(1) Any manufacturing, processing, packaging, warehousing, distribution or service industry | Two (2) for each three (3) employees during work shift having greatest number of employees, plus one (1) for each vehicle maintained on the premises |
(d) Institutional. | |
(1) Churches and places of public worship | One (1) for each four (4) seats in main sanctuary |
(2) Public or private elementary or secondary school | Four (4) for each classroom, or one (1) for each in main auditorium, whichever is greater |
(3) Business, trade, or technical school, college or university | One (1) for each two (2) students and one (1) for each faculty member |
(4) Nursery School/Day Care | One (1) for each fifteen (15) students |
(5) Libraries, museums, community centers and similar facilities | One for each 400 S.F. of gross floor area |
(6) Civic, social and fraternal organizations | One (1) for each three (3) persons allowed in main meeting room at full capacity |
(7) Hospitals, nursing facilities | One (1) for each four (4) beds plus one (1) per employee on main shift |
(e) Recreational. | |
(1) Baseball, softball, football, soccer or similar organized sport playfield | Twenty (20) for each playfield, plus one for each six (6) seats in stands |
(2) Tennis, handball or racquetball courts | Three (3) for each court |
(3) Bowling alleys | Four (4) per lane, plus necessary spaces as required for auxiliary uses such as restaurants |
(4) Theaters, stadiums, sports arenas, auditoriums or other assembly halls other than schools | One (1) for each four (4) seats |
(Ord. 2004-111. Passed 7-26-04.)
1177.01 PURPOSE.
The purpose of these regulations is to prevent signs from becoming a distraction or obstruction to the safe and efficient flow of pedestrian and vehicular traffic, to prevent signs from having an adverse impact on adjacent properties or uses, to encourage the development of signage systems that promote an active economic and business environment, and thereby protect the general health, safety, and welfare of the citizens of the Village of Millersburg.
(Ord. 2004-111. Passed 7-26-04.)
1177.02 DEFINITIONS.
As used in this Chapter, the following words or phrases shall have the meanings herein:
(a) “Sign” means any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product. Unless otherwise indicated, the term “sign” shall include any support structure(s).
(b) Other Definitions.
(1) “Awning” means a hood or cover that projects from the wall of a building An “awning sign” means a sign that is attached to or otherwise a part of an awning.
(2) “Banner” means a nonrigid cloth, plastic or canvas sign typically related to a special event or promotion. For the purposes of this Chapter, the term "banner" shall not include official flags of public entities, or civic, philanthropic, educational or religious organizations
(3) “Billboard” means an off-premises sign more than 200 square feet in area, which is owned by a person, corporation or other entity that engages in the business of selling the advertising space on that sign.
(4) “Canopy” means a structure separate from, but associated by use with a principal building. Such structure is supported independently by posts or columns, is open on all sides, and is intended only for shelter or ornamentation. A “canopy sign” is a sign that is attached to or a part of the roof of such a structure.
(5) “Changeable copy sign" means a sign which, in whole or in part, provides for periodic changes in the material or message composing the sign. This definition includes both electronically and manually changeable signs.
(6) "Directional sign” means any sign which indicates the direction or specific location of an institution, organization or business, which does not include advertising or any information regarding product lines or services offered
(7) “Freestanding sign” means a sign which is mounted to the ground and is wholly independent of any building for support.
(8) “Marquee” means an awning which has been specially constructed so as to support a sign. “Marquee sign” means a sign that is attached or mounted to a marquee.
(9) “Mural” means a large picture or graphic illustration that is painted or mounted directly to the surface of an existing building, and covers more than 30% of the building face on which it is displayed.
(10) "Off-premises sign" means any sign that identifies or provides information related to a good, service or event that is not located on the property where such sign is located.
(11) “Permanent sign” means a sign intended to be erected or used, or in fact which is used for time period in excess of ninety (90) days.
(12) “Portable sign” means a sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.
(13) “Portable freestanding changeable copy sign” means a changeable copy sign that is mounted on a portable structure.
(14) “Projecting sign” means a sign which extends outward perpendicular to the building face
(15) “Temporary sign” means a sign intended to be used, or in fact used, for a time period of ninety (90) days or less.
(16) “Vending machine sign” means a sign that is attached or integral to a vending machine.
(17) “Wall sign” means a sign attached to a building face, with the exposed face in a plane parallel to the plane of the wall. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings.
(18) “Window sign” means a sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.
(Ord. 2004-111. Passed 7-26-04.)
1177.03 SIGNS EXCLUDED FROM REGULATIONS.
The following signs are excluded from the regulations and requirements of this Chapter:
(a) Signs not exceeding two (2) square feet in area that are customarily associated with residential use and are not of a commercial nature, including address and/or name of occupants of the structure, signs on mailboxes or newspaper tubes, signs posted on property related to private parking, and signs warning against trespassing or danger from animals. Signs associated with home occupations shall not be excluded from these regulations.
(b) Signs erected by a governmental entity for a recognized public purpose and duly authorized by any law, statute or ordinance. Such signs include legal notices and traffic control or safety devices, provided such signs carry no supplementary advertising.
(c) Signs or posters concerning candidates for elective office, public issues and similar matters to be decided by public election, provided such signs are removed no later than one (1) week after such election. Such signs shall not exceed twenty-four (24) square feet in area, shall not be illuminated, and shall not be located within a public right-of-way nor be affixed to any public utility pole or street tree. In addition such sign shall not be located in any manner so as to create a safety or visibility hazard.
(d) Signs located on the inside of a structure or building, that are not designed or located so as to be typically visible from outside the building.
(e) Signs which are in the nature of cornerstones, commemorative tables and historic designations, provided such signs are less than nine (9) square feet in size.
(f) Signs clearly in the nature of decorations customarily associated with a national, local or religious holiday. Such signs shall be of any illumination or animation provided that a safety and/or visibility hazard is not clearly created.
(g) Temporary signs not exceeding sixteen (16) square feet in area which promote special business sales, promotions or occasions. No business shall display more than three (3) such signs at any one time.
(h) Flags or insignias of any governmental entity when not displayed as an advertising device, or in connection with any commercial promotion.
(Ord. 2004-111. Passed 7-26-04.)
(i)
Signs erected, constructed, reconstructed, replaced, or modified in a Design District as defined in Section 1349.07 of the Millersburg Codified Ordinances. Said signs are regulated in Chapter 1349. Provided however, the Board of Zoning Appeals has jurisdiction to grant variances regarding signs in the Design Review District upon proper appeal from a decision of the Design Review Board.
(Ord. 2009-102. Passed 2-25-09.)
1177.04 PROHIBITED SIGNS.
Signs that are not specifically permitted in this Chapter shall be considered as prohibited. Without restricting or limiting the generality of the foregoing provisions, the following signs are specifically prohibited:
(a) Signs mounted on motor vehicles that are parked in a prominent location for the primary purpose of displaying the sign
(b) Banners, streamers, pennants and similar air-activated moving signs intended for permanent display
(c) Flashing or high intensity lights mounted on a sign
(d) Any sign that obstructs any part of a doorway, exit or fire escape.
(e) Any sign that resembles or is intended to resemble a traffic control device, or is located in such a manner so as to obscure or impact the effectiveness of such traffic control device or signal.
(f) Any sign affixed to any utility pole or otherwise located within the street right-of- way, except as specifically exempted herein.
(g) Any sign located so as to obscure the clear vision within a twenty foot (20’) triangle from any street and/or alley intersection.
(Ord. 2004-111. Passed 7-26-04.)
1177.05 SIGN PERMITS AND ADMINISTRATION.
(a) Permit Required. No permanent or temporary sign, except as exempted in Sections 1177.03 or 1177.06 shall hereafter be erected, constructed or maintained within the Village of Millersburg unless a permit for the same has been issued by the Zoning Inspector. Application for a permit to construct or erect a sign shall be made by the owner of the property upon which the sign is proposed, or his agent. An application for a permit to erect a sign shall contain, at a minimum, a drawing of the sign including its size, its location on the lot, and specific information regarding its construction. The application for a temporary sign shall also include the date which the sign shall be removed
(b) Action on Sign Permit. The Zoning Inspector shall issue a sign permit upon submittal of a completed application and payment of applicable fees if he/she determines that the provisions of the Planning and Zoning Code have been met. If the application for a sign permit is denied, the applicant shall be given written notice of such denial, along with the reasons therefor.
(c) Appeals. Any decision made by the Zoning Inspector under the terms of this Chapter may be appealed to the Planning and Zoning Board in the manner set forth in Chapter 1139.
(Ord. 2004-111. Passed 7-26-04.)
1177.06 SIGNS WHICH DO NOT REQUIRE A PERMIT.
The following signs may be erected without a permit; such signs, however, shall be subject to all other provisions of this Chapter:
(a) Signs that indicate the sale, development, rental or lease of a particular structure or land area, provided such sign does not exceed sixteen (16) square feet in area. One such sign shall be allowed per street front. Such signs shall not be located in a public right-of-way.
(b) Credit card decals, store hour specifications, "open" or "closed" signs, or similar signs that do not exceed an aggregate area of two (2) square feet.
(c) Signs, which are less than two (2) square feet in size and mounted or attached flat or parallel onto a building face of an administrative, business or professional office building, which denote the name and address of an occupant in a building where more than one tenant is located and which has individual and separate entries.
(d) A sign which advertises the sale of personal property, such as a garage, yard, porch or moving sale sign provided such sign, is located on the sale premises for a time period not greater than three (3) consecutive days, and is not to be located in a public right-of-way nor affixed to any public utility pole or street tree. Such signs shall not be located in such a manner so as to create a safety or visibility hazard.
(e) Temporary construction signs which display the identification of the construction project, including identification of the contractors, architects and other construction principals. Such construction sign shall be limited to one (1) per construction site, shall not exceed thirty-two (32) square feet in area and shall be removed upon the completion of construction or the commencement of occupancy, whichever event occurs first. Such signs shall not be located within the public right-of-way.
(f) Signs promoting community events and programs which last for a time period of fourteen (14) days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations. All such signs shall be removed not later than three (3) days after the scheduled activity.
(g) Signs determined by the Planning and Zoning Board to be similar to those specified in (a) through (g) above
(Ord. 2004-111. Passed 7-26-04.)
1177.07 TEMPORARY SIGNS.
Temporary signs shall be subject to the following general requirements:
(a) The application for a permit for a temporary sign shall include the time period for which the sign is to be displayed, not to exceed ninety (90) days during any consecutive twelve (12) month period. Such permit may be renewed for an additional ninety (90) days with the approval of Planning and Zoning Board.
(b) Temporary signs shall be constructed of such material that will allow the sign to be maintained in good repair for the period it is to be displayed. Generally, the use of unprotected cardboard or paper products as sign material shall be prohibited, unless it is demonstrated that this standard is met.
(c) Banners less than twenty (20) square feet in area are permitted as temporary signs, provided such banners are secured to prevent movement which would allow any portion of the banner to extend into the street right-of-way.
(d) Streamers and/or inflatable devices may be permitted as temporary signs, provided such devices are not displayed for a period exceeding ninety (90) consecutive days during any consecutive twelve (12) month period.
(e) Temporary portable freestanding changeable copy signs and other portable signs shall be permitted in nonresidential districts, provided such signs are not displayed for a period exceeding thirty (30) days during any consecutive twelve (12) month period.
(f) Folding portable A-frame signs, shall be permitted as temporary signs in the DB District, provided such signs are secured and/or anchored so as to prevent accidental collapse.
(Ord. 2004-111. Passed 7-26-04.)
1177.08 GENERAL REQUIREMENTS - PERMANENT SIGNS.
Permanent signs shall be subject to the following requirements:
(a) Wall Signs. Wall signs shall be permitted in the DB, B-1, B-2, SU and I Districts and may be erected on any building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback line. Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of twelve (12) inches. Wall signs shall not exceed thirty-two (32) square feet in area in the DB and B-1 District, and sixty (60) square feet in area in other non-residential districts.
(b) Canopy and/or Awning Signs. Canopy signs shall be permitted in the DB, B-1, B- 2, SU and I Districts and may be painted on an awning area or attached to a canopy or roof which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee. Canopy or marquee signs shall be a minimum of nine (9) feet above ground level.
(c) Projecting Signs. Projecting signs shall be permitted in the DB, B-1 and B-2 Districts provided such signs do not exceed twelve (12) square feet in size, are placed not less than nine (9) feet above the sidewalk or ground level, and project not more than six (6) feet outward from the building face
(d) Freestanding Signs. Freestanding signs shall be permitted in the B-1, B-2, SU and I Districts. Freestanding signs shall not exceed twenty-five (25) feet in height. No portion of any freestanding sign shall be erected over the street right-of-way. The area of a freestanding sign shall not exceed twenty-five (25) square feet in the B-1 District, seventy-five (75) square feet in the B-2 District, and fifty (50) square feet in the SU and I Districts.
(Ord. 2004-111. Passed 7-26-04.)
(e) Off- Premises Signs. Off-premises signs as defined in Section 1177.02(b)(10) shall be considered as an accessory use in all the nonresidential districts. Not more than one (1) off- premises sign with a sign face area not exceeding twenty (20) square feet is permitted on a single lot. Off-premises signs shall conform to all applicable yard, setback, and height restrictions for structures in the zoning district where they are located.
Billboards, as defined in Section 1177.02(b)(3), shall be considered as a special use, subject to the requirements of the Special Use (SU) District in Chapter 1166. Such sign shall require specific approval of the Planning and Zoning Board following the procedures outlined in Chapter 1166. Billboards shall not be located within 3,000 feet from any residence or district where single-family residences are a permitted use. (Ord. 2021-105. Passed 8-9-21.)
(f) Vending Machine Signs. For the purposes of this Chapter, vending machines with attached signs shall be treated as permanent signs. Vending machine signs shall not be included in the number of permitted signs pursuant to Section 1177.08(g)(11) below; however, vending machine signs shall meet the requirements for illuminated signs in Section 1177.08 (g)(1) below. In addition, if a vending machine sign is located on a lot adjacent to any single-family residence, such sign shall be positioned or shielded so as not to be visible from such residence.
(g) General Requirements.
(1) Illumination. Illuminated signs shall be permitted only in the DB, B-1, B-2, I and SU Districts. Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate in intensity, travel, move or in any manner fail to provide constant illumination, and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic. The level of illumination emitted from a sign shall not be of an intensity to constitute a safety hazard to vehicular movement on any street. Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.
(2) Pennants and/or Streamers. No permanent sign shall contain or consist of banners, pennants, ribbons, streamers, balloons or similar devices.
(3) Construction. All signs and parts thereof, including any electrical wiring, shall be erected, constructed, and maintained so as to not constitute a safety hazard. The construction and installation of all signs shall be subject to inspection by the Village and/or the State of Ohio.
(4) Location. No part of any sign shall be placed in, over, or extend onto any public right-of-way.
(5) Changeable Copy Signs. Changeable copy signs, as defined in Section 1177.02 (b)(5) above, shall be permitted in the B-1, B-2, I and SU Districts. The number, height and area of changeable copy signs shall be determined by the structural type of the sign, i.e., freestanding, wall, projecting, etc. as cited elsewhere in these regulations. The light and/or perceived movement from such sign shall not be of such intensity to constitute a safety hazard to vehicular traffic.
(6) Permanent Subdivision Identification Signs. Such signs shall be limited to wall mounted or freestanding signs only, with placement on walls, columns or similar architectural or landscaped entrance features used to denote the entrance to the subdivision. Such sign shall be not more than five (5) feet in height and shall set back at least twenty (20) feet from the right-of-way of both streets.
(7) Joint Identification Signs. Joint identification signs shall be limited to wall or freestanding signs, and to premises where there are two (2) or more uses located on one (1) property (e.g., a shopping center) on one (1) or more public street(s). If the property fronts on one (1) public street, only one (1) joint identification sign is permitted. If the property fronts on two (2) public streets, two (2) joint identification signs shall be permitted. Each joint identification sign shall not exceed 300 square feet and twenty-five (25) feet in height.
(8) Signs in DB Downtown Business District. A proposed sign within the DB District may extend into the right-of-way, provided the applicant demonstrates that, due to the location of the building or other physical characteristics of the lot, the erection of an alternative sign outside the right-of-way is not feasible. In addition, such applicant shall certify that such sign shall be subject to subsequent removal at the owner’s expense, if so required by the Ohio Department of Transportation (ODOT) and/or the Village for purposes of public safety.
(9) Murals. Murals, as defined in Section 1177.02 above, shall be allowed as a conditional use within the DB District, subject to approval by the Planning and Zoning Board
(10) Signs in SU District. Signs in the SU District shall reflect the standards for similar uses in other districts. The applicant shall submit a total signage plan for the proposed development as part of the Development Plan.
(11) Number of Signs. The permitted number and type of permanent on- premises signs shall be as specified in TABLE I as follows:
TABLE I
PERMITTED NUMBER AND STRUCTURAL TYPE OF SIGNS
(PERMANENT ON-PREMISES SIGNS)
USE/DISTRICT | PERMITTED SIGN TYPES | MAXIMUM NUMBER OF SIGNS |
Residential | ||
Subdivision Identification Sign | Wall, freestanding
(all districts)
| 2 per entry (4 total) |
Two- and Multi-Family Dwellings | Wall, freestanding (all districts) |
1
|
Commercial/Office/Institutional | ||
Schools, churches, hospitals and other institutions and/or public facilities in all districts | Wall, freestanding window | 1 per frontage |
Permitted / conditional uses in the B-1 or B-2 District | Wall, freestanding, window, awning, marquee |
2 per frontage
|
Permitted / conditional uses in the DB District | Wall, window, awning, marquee, canopy |
2 per frontage
|
Industrial | ||
Permitted / conditional uses in the I District | Wall, freestanding, window |
2
per frontage |
NOTES / TABLE I:
• For the purposes of calculating the number of permitted signs, "frontage" shall be interpreted as frontage on a publicly dedicated and improved street.
• Not more than one (1) sign per business per street frontage in any district shall be a freestanding sign.
• Buildings or single developments with multiple business occupants sharing a common entrance from the street, i.e., shopping centers, shall be permitted one (1) joint identification sign in addition to signage permitted above. If such sign is a freestanding sign, no individual business within such center shall use a separate freestanding sign. Such joint identification sign shall meet the requirements of Section 1177.08 (g)(7) above.
• In addition to the designated number of permitted signs, nonresidential uses shall be allowed a maximum of four (4) directional signs, each not exceeding six (6) square feet in area. Such directional signs shall clearly be for the purpose of designating entrances and/or exits and directing customers to the internal circulation network on the site.
(Ord. 2004-111. Passed 7-26-04.)
1177.09 MEASUREMENT OF SIGNS.
For the purposes of this Chapter, the measurement of sign area shall comply with the following standards:
(a) Sign area shall include the face of all the display area of the sign not including bracing, framing and structural supports of the sign, unless such support members are made part of the message or face of the design.
(b) Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign, unless two (2) display faces join back to back and parallel to each other and not more than twelve inches (12") apart. For spherical signs, the sphere shall be bisected by an imaginary line through the center of the sphere, and the surface area of the half sphere shall be counted as the sign face. For cubical signs, the area of all display faces shall be included in determining the area of the sign.
(c) The area of the letters, numbers or emblems mounted directly on a building wall or wall extension shall be computed by enclosing the entire word or words formed by such letters, numbers or emblems with the smallest single continuous perimeter consisting of rectangular or series of rectangles, and determining the area within such perimeter.
(Ord. 2004-111. Passed 7-26-04.)
1177.10 NONCONFORMING SIGNS.
(a) Abandonment. The continuance of an existing sign which does not meet the regulations and requirements of this Chapter shall be deemed a nonconforming sign which shall terminate by abandonment when any of the following conditions exist:
(1) When the sign is associated with an abandoned use.
(2) When the sign remains after the termination of a business. A business has ceased operations if it is closed to the public for at least ninety (90) consecutive days. Seasonal businesses are exempt from this requirement.
(3) When the sign is not maintained or does not conform to the following:
A. All signs, together with all supports, braces, guys and anchors shall be kept in a proper state of repair.
B. Every sign and the immediately surrounding premises shall be maintained by the owner, or his agent, in a clean, sanitary and inoffensive condition, free from all obnoxious substances, rubbish and weeds.
Upon finding that the sign is abandoned, the right to maintain and use such sign shall terminate immediately.
(b) Relocation or Replacement. A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this Section. Should any replacement or relocation occur without being brought into compliance, the sign shall be subject to removal.
(c) Maintenance. A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
(1) The size and structural shape of the sign shall not be changed or altered. The copy may be changed provided that the change applies to the original use associated with the sign at the time the sign became nonconforming, and a permit is obtained. The copy area shall not be enlarged.
(2) In case damage occurs to the sign to the extent that more than fifty percent (50%) of the replacement value is lost, the sign shall be removed within sixty (60) days.
(d) Inspection and Removal. If any existing sign is found, upon inspection by the Zoning Inspector, to constitute a hazard to public safety, such sign shall be subject to immediate removal by order of the Zoning Inspector.
(Ord. 2004-111. Passed 7-26-04.)
1177.11 VARIANCES.
Variances to this Chapter may be granted pursuant to the procedures and policies set forth in Chapter 1139.
(Ord. 2004-111. Passed 7-26-04.)
1177.12 PENALTIES AND REMOVAL.
(a) Any person, firm, corporation, partnership or association violating any provision of this Chapter or failing to obey any lawful order issued pursuant to its terms shall be subject to fines and penalties as specified in Chapter 1143.
(b) If the Zoning Inspector determines a sign within the Village is unlawful according to this Chapter, the Zoning Inspector shall give written notice to the owner, agent, or person having the beneficial use of the building, structure or land upon which sign is located that such sign must be removed within 10 business days or some other reasonable period of time designated by the Zoning Inspector. Upon failure to comply with such notice within the time specified in such notice, the Zoning Inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign is located.
(Ord. 2016-101. Passed 4-25-16.)
1179.01 PURPOSE.
The purpose of this Chapter is to promote the public health, safety and welfare through the regulation of adult entertainment businesses. It is the intent of this section to regulate businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult entertainment businesses, residential areas, schools, churches, parks and playgrounds within the Village.
(Ord. 2004-111. Passed 7-26-04.)
(Ord. 2004-111. Passed 7-26-04.)
1179.02 DEFINITIONS.
(a) “Adult Entertainment Facility” means any establishment which is involved in one or more of the following listed categories.
(1) “Adult Book Store” means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on “specified sexual activities” or “specified anatomical areas” as defined below.
(2) “Adult Motion Picture” means a facility for the display of motion pictures which is regularly used or utilizes fifteen percent (15%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to “specified sexual activities” or “specified anatomical areas,” for observation by patrons therein.
(3) “Adult Entertainment Business” means any establishment involved in the sale or services of products characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
(b) “Specified Sexual Activities” means any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
(c) “Specified Anatomical Areas” mean any of the following:
(1) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state.
(d) “Fine Art Gallery” means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
(e) “Sexually explicit nudity” means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
(f) “Sadomasochistic sexual abuse” means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
(g) “Visibly displayed” means the material is visible on a billboard viewing screen marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(Ord. 2004-111. Passed 7-26-04.)
1179.03 EXCEPTIONS.
Nothing in this Chapter shall be construed to pertain to:
(a) The purchase, distribution, exhibition and/or loan of any work of art, book, magazine or other printed material or manuscript by an accredited museum, library, fine art gallery, school or museum of higher learning.
(b) The exhibition and/or performance of any play, drama tableau, or motion picture by any theater, museum, library, fine art gallery, school, or institution of higher learning either supported by public appropriation or which is an accredited institution supported by private funds.
(Ord. 2004-111. Passed 7-26-04.)
1179.04 LOCATION.
Adult Entertainment Facilities shall be considered a conditional use in the B-2 District, and are subject to the following conditions:
(a) No adult entertainment facility shall be established within 1,000 feet of any residence or district where residences are a permitted use.
(b) No adult entertainment facility shall be established within a radius of 1,500 feet of any school, library, or teaching facility, whether public or private, when such school, library, or teaching facility is attended by persons under 18 years of age.
(c) No adult entertainment facility shall be established within a radius of 1,500 feet of nursery or day care facility.
(d) No adult entertainment facility shall be established within a radius of 1,500 feet of any park or recreational facility attended by persons under 18 years of age.
(e) No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.
(f) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility.
(g) No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(h) All building openings, entries, windows, etc. for adult entertainment uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street.
(i) No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned from public or semi- public area. (Ord. 2004-111. Passed 7-26-04.)