Zoneomics Logo
search icon

North Olmsted City Zoning Code

TITLE SEVEN

Additional Zoning Requirements

APPENDIX A Tree and Plant Lists

 
Table A-1, Desirable Ohio Trees i
Scientific Name
Common Name
Acer campestre
Hedge Maple
Acer freemanii
Freeman Maple cvs.
Acer ginnala
Amur Maple
Acer griseum
Paperbark Maple
Acer platanoides
Norway Maple
Acer rubrum
Red Maple
Acer saccharum
Sugar Maple
Acer tataricum
Tatarian Maple
Acer triflorum
Three Flower Maple
Aesculus glabra
Ohio Buckeye
Aesculus pavia
Red Buckeye
Alnus cordata
Italian Alder
Amelanchier arborea
Common Serviceberry
Amelanchier laevis
Allegheny Serviceberry
Amelanchier x grandiflora
Hybrid Serviceberry
Arborvitae plicata atrovirens
Western Arborvitae
Aronia menanocarpa
Chokeberry
Betula nigra 'Heritage'
Heritage River Birch
Carpinus betulus
European Hornbeam
Carpinus betulus 'Fastigiata'
European Columnar Hornbeam
Carpinus caroliniana
American Hornbeam
Carpinus japonica
Japanese Hornbeam
Carya cordiformis
Bitternut Hickory
Carya ovata
Shagbark Hickory
Catalpa speciosa
Catalpa
Cercidiphyllum japonicum
Katsura
Cercis canadensis
Redbud
Chionanthus virginicus
Fringetree
Cladratis kentuckea
Yellowood
Cornus kousa
Kousa Dogwood
Cornus mas
Corneliancherry Dogwood
Corylus colurna
Turkish Filbert
Crataegus crusgalli v. inermis
Hawthorn, Thornless Cockspur
Crataegus punctata 'Ohio Pioneer'
Hawthorn, Ohio Pioneer Dotted
Crataegus virdis 'Winter King'
Hawthorn, Winter King
Crataegus x Vaughn
Hawthorn, Vaughn
Evodia daniellii
Korean Evodia
Fagus sylvatica & cvs.
European Beech & cvs.
Ginkgo biloba
Ginkgo (male only)
Halesia Carolina
Carolina Silverbell
Juglans Nigra
Black Walnut
Juniperus chinensis 'Spartan'
Spartan Juniper
Juniperus virginiana
Eastern Redcedar
Koelreutaria paniculata
Golden Rain Tree
Larix earcina
Larch
Liquidambar styraciflua
Sweetgum
Lirodendron tulipifera
Tuliptree
Maackia amurensis
Amur Maackia
 
 
Table A-1, Desirable Ohio Trees i (Cont.)
Scientific Name
Common Name
Maclura ponifera
Osage-orange
Magnolia x soulangiana
Saucer Magnolia
Magnolia acuminata
Cucumbertree Magnolia
Magnolia stellata
Star Magnolia
Malus 'Adirondack
Adirondack Crapapple
Malus 'Bob White'
Bob White Crapapple
Malus 'Candymint'
Candymint Crapapple
Malus 'Golden Raindrops'
Golden Raindrops Crapapple
Malus 'Jewecole'
Red Jewel Crapapple
Malus 'Prairiefire'
Prairifire Crapapple
Malus 'Sutyzam'
Surgar Tyme Crapapple
Metasequoia glyptostroboides
Dawn Redwood
Ostrya virginiana
Hophornbeam
Parrotia perisica
Persian Ironwood
Picea abies
Norway Spruce
Picea pungens glauca
Blue Colorado Spruce
Picea omorika
Serbian Spruce
Platanus x acerifolia
London Planetree
Platanus occidentalis
Eastern Sycamore
Prunus autumnalis
Autumn Flowering Cherry
Prunus maaki
Amur Chokecherry
Prunus virginiana
Common Chokecherry
Quercus bicolor
White Oak
Quercus macrocarpa
Bur Oak
Quercus palustris
Pin Oak
Quercus prinus
Chestnut Oak
Quercus rubra
Northern Red Oak
Quercus shumardii
Shumard Oak
Quercus phellos
Willow Oak
Robinia pseudoacacia
Black Locust
Salix discolor
Pussy Willow
Salix nigra
Black Willow
Sassafrass albidum
Sassafras
Staphylea trifoliaa
Bladdernut
Stewartia pseudocamellia
Japanese Stewartia
Syringa pekinensis
Peking Lilac
Syringa reticulata
Japanese Tree Lilac
Thuja occidentalis
Arborvitae
Tilia cordata 'Glenleven'
Glenleven Littleleaf Linden
Tilia cordata 'Greenspire'
Greenspire Littleleaf Linden
Tsuga Canadensis
Eastern Hemlock
Ulmus 'Accolade'
Accolade Elm
Ulmus parvifolia
Lacebark Elm
Zelkova serrata 'Village Green'
Village Green Zelkova
Zelkova serrata 'Green Vase'
Green Vase Zelkova
(Ord. 2017-32. Passed 5-2-17.)
 
 
Table A-2, Prohibited Plant and Tree Types ii
Scientific Name
Common Name
Dioscorea batatas
Air-potato
Celastrus orbiculatus
Asian bittersweet
Ash Trees (all varieties)
Elaeagnus umbellata
Autumn-olive
Rhamnus frangula
Buckthorn, glossy
Vincetoxicum nigrum
Black swallow-wort
Rhamnus cathartica
Buckthorn, European or common
Saponaria officinalis
Bouncing bet
Cirsium arvense
Canada thistle
Typha Xglauca
Cattail, hybrid
Typha angustifolia
Cattail, narrow-leaved
Ranunculus ficaria
Celandine, lesser
Miscanthus sinensis
Chinese silvergrass
Ligustrum sinense
Chinese privet
Coronilla varia
Crown-vetch
Potamogeton crispus
Curly pondweed
Phragmites australis
Common reed grass
Hesperis matronalis
Dame's rocket
Hemerocallis fulva
Orange or Tiger Daylily
Rosa canina
Dog rose
Viburnum opulus var. opulus
European cranberry-bush
Ligustrum vulgare
European privet
Myriophyllum spicatum
Eurasian water-milfoil
Convolvulus arvensis
Field bindweed
Butomus umbellatus
Flowering-rush
Alliaria petiolata
Garlic mustard
Polygonum sachalinense
Giant knotwood
Lonicera maackii
Honeysuckle, amur
Lonicera japonica
Honeysuckle, Japanese
Lonicera morrowii
Honeysuckle, Morrow
Lonicera tatarica
Honeysuckle, Tatarian
Lonicera Xbella
Honeysuckle, showy pink
Polygonum cuspidatum
Japanese knotweed
Berberis Thunbergil
Japanese Barberry
Sorghum halepense
Johnson grass
Pueraria lobata
Kudzu
Euphorbia esula
Leafy spurge
Najas minor
Lesser naiad
Festuca pratensis
Meadow fescue
Polygonum perfoliatum
Mile-a-minute vine
Lysimachia nummularia
Moneywort
Rosa multiflora
Multiflora rose
Microstegium vimineum
Nepalgrass
Carduus nutans
Nodding thistle
Vinca minor
Periwinkle or myrtle
Ampleopsis brevipedunculata   
Porcelain-berry
Conium maculatum
Poison hemlock
Ligustrum vulgare
Privet, common
Ligustrum obtusifolium
Privet, border
Lythrum salicaria
Purple loosestrife
 
 
Table A-2, Prohibited Plant and Tree Types ii (Cont.)
Scientific Name
Common Name
Phalaris arundinacea
Reed canary grass
Agropyron repens
Quack grass
Daucus carota
Queen Anne's lace
Elaeagnus angustifolia
Russian-olive
Bromus inermis
Smooth brome
Centaurea maculosa
Spotted knapweed
Onithigalum umbellatum
Star-of-Bethlehem
Melilotus alba
Sweet-clover, white
Melilotus officinalis
Sweet-clover, yellow
Dipsacus fullonum (sylvestris)
Teasel, common
Dipsacus laciniatus
Teasel, cut-leaved
Ailanthus altissima
Tree-of-heaven
Rorippa nasturtium-aquaticum
Water-cress
Epilobium hirsutum
Willow-herb, hairy
Epilobium parviflorum
Willow herb, small-flowered hairy
Willow trees (all varieties)
Euonymus alatus
Winged euonymus
Euonymus fortunei
Wintercreeper
i   The cultivars listed in A-1 are recommended for most public and private landscapes in Northeast Ohio. This list was largely compiled from recommendations available from ODNR's Division of Forestry with edits approved by the North Olmsted Planning and Design Commission.
ii   Source: Ohio's Invasive Plant Species published by the Ohio Department of Natural Resources. http://ohiodnr.gov/portals/0/pdfs/invasives/ohio-invasive-plants-r0400.pdf
 
(Ord. 2017-32. Passed 5-2-17.)
 
 
CODIFIED ORDINANCES OF NORTH OLMSTED

1161.01 PURPOSE.

   The purpose of this chapter is to prescribe regulations for off-street parking of motor vehicles in residential and non-residential zoning districts; to ensure by the provision of these regulations that adequate parking and access are provided in a safe and convenient manner; and to afford reasonable protection to adjacent land uses from light, noise, air/water pollution and other effects of parking lot proximity.
(Ord. 2017-32. Passed 5-2-17.)

1161.02 GENERAL REQUIREMENTS.

   A.   Applicability of Parking Requirements. For all buildings and uses established after the effective date of this ordinance, off-street parking shall be provided as required by this chapter. In addition, the following shall also apply:
      1.   Whenever the use of a building or lot is changed to another classification of use, off-street parking facilities shall be provided for that use as required by this chapter.
      2.   If the intensity of use of any building or lot is increased through the addition of floor area, increase in seating capacity or by other means, additional off-street parking shall be provided as required by this chapter.
      3.   Off-street parking facilities in existence on the effective date of this ordinance shall not be reduced below the requirements of this chapter, nor shall nonconforming parking facilities that exist as of the effective date of this ordinance be further reduced or made more nonconforming.
      4.   An area designated as required off-street parking including areas reserved for landbanked parking shall not be changed to another use unless equal facilities are provided elsewhere in accordance with the provisions of this chapter.
   B.   Location.  
      1.   Off-street parking facilities required for one and two-family dwellings shall be located on the same lot as the building(s) they are intended to serve and shall consist of a driveway and garage.
      2.   Off-street parking facilities required for all other uses shall be located on the lot where the parking is required. In the event that required parking is proposed on a lot in common ownership or leasehold with the lot where the parking is required, the applicant must present and record a permanent easement and parking agreement for access and parking.
      3.   All driveways, drives, roadways and sidewalks used or intended for use as access to buildings or uses in a non-residential district, or for any other use or purpose, including access for emergency vehicles and apparatus, shall be located in their entirety within the area zoned for that non-residential district.
   C.   Shared/Common Parking.
      1.   Two (2) or more buildings or uses may share a common parking facility, provided the number of parking spaces available equals the required number of spaces for all the uses computed separately. Cumulative parking requirements for mixed-use developments or shared facilities may be reduced by the reviewing authority where it can be determined that one (1) or more of the factors listed in Section 1161.02.D applies. In any case, the continued availability of required parking, either shared or by other means provided in this chapter, shall be made a condition of any development plan approval and/or conditional use permit approval, as provided by this ordinance.
      2.   Parking facilities for a place of worship or similar sporadically used facility may be used to meet up to 50% of the off-street parking for theaters, stadiums and other places of public assembly, stores and office buildings within 300 feet of the facility, as measured from the nearest edge of the parking area to the nearest public entry point of the building or use provided that the facility makes the spaces available and there is no conflict between peak times when the uses are in need of the parking facilities.
      3.   A request for shared parking that will result in fewer than the total number of spaces required for all uses separately may be approved by the reviewing authority as part of the development plan review if supported by a shared parking analysis. A shared parking analysis must address, at a minimum, the size and type of the proposed development or combination of uses, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
      4.   A shared parking plan shall be enforced through written agreement among all owners of record and included in the development plan filed with the City. The owner of the shared parking area shall enter into a written agreement including access and parking easements, with authorization for enforcement by the City. The agreement shall state:
         a.   The land comprising the parking area shall remain subject to the easement and parking agreement in perpetuity, in conjunction with the sale of the building which the parking area serves; and
         b.   The owner agrees to bear the expense of recording the agreement which shall bind his or her heirs, successors, and assigns.
      5.   An attested copy of the shared parking easement and agreement between the owners of record shall be submitted to the Planning and Development Director and recorded in a form established by the Law Director. The easement and agreement must be recorded before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking easement and agreement may only be revoked if all required off-street parking spaces will be provided on-site following the review and approval of the City. Upon written request signed by all property owners of record, the City may approve the parties' recission of the written agreement and the City may consent to satisfaction and release of the easement but only if other off-street facilities are provided in accord with this Zoning Code.
   D.   Modification of Parking Requirements. The reviewing authority may reduce the parking space requirements of this chapter for any use, based upon a finding that one (1) or more of the following conditions shall be met:
      1.   Other forms of travel (such as transit, bicycle or pedestrian) are available and likely to be used and, in particular, the site design will incorporate both bicycle parking facilities and pedestrian connections.
      2.   Shared parking is available to multiple uses where there will be a high proportion of multipurpose visits or where uses have peak parking demands during differing times of the day or days of the week and meeting the following requirements:
         a.   Pedestrian connections shall be maintained between the uses; and
         b.   Unless the multiple uses are located on parcels under the same ownership, shared parking agreements shall be filed as required in Subsection C5 above.
      3.   Expectation of walk-in trade is reasonable due to sidewalk connections to adjacent residential neighborhoods or employment centers. The site design incorporates pedestrian connections to and through the site, providing safe and convenient access to the building entrance.
      4.   The applicant has provided a parking study, conducted by a qualified transportation engineer, demonstrating that another standard would be more appropriate based on actual number of employees, expected level of customer traffic or actual counts at a similar establishment.
   E.   Landbanked Parking.
      1.   Where an applicant demonstrates that the parking requirements for a proposed use would be excessive, the reviewing authority may defer the construction of a portion of the required parking to a time in the future when it becomes apparent to the City that the parking spaces need to be constructed. The development plan shall designate areas of the site for future construction of the required parking spaces, meeting the design and dimensional requirements of this chapter. Any area so designated shall be maintained in a landscaped appearance and not occupy required street lawns or buffer zones or be used for any other purpose.
      2.   The landbanked parking shall meet the requirements of this chapter if constructed. Construction of the additional parking spaces within the landbanked parking area may be initiated by the owner or required by the City, based on parking needs or observation, and shall require approval of an amended development plan which may be approved by the Planning and Development Director.
   F.   Maximum Allowed Parking. In order to minimize excessive areas of pavement that detract from aesthetics, contribute to high rates of storm water runoff and generate reflective heat, the minimum parking space requirements of this section shall not be exceeded by more than 20%, unless approved by the reviewing authority as part of development plan review or if the parking spaces are located within a multi-level parking structure. In approving additional parking spaces, the reviewing authority shall determine that the parking is necessary, based on documented evidence, to accommodate the use on a typical day. Further, any parking spaces provided in excess of 20% more than the minimum requirement shall only be located on permeable surfaces approved by the City Engineer.
(Ord. 2017-32. Passed 5-2-17.)

1161.03 REQUIRED OFF-STREET PARKING SPACES.

   The minimum number of required off-street parking spaces shall be provided and maintained on the premises or as otherwise allowed by this chapter, in accordance with Table 1161.03-1.
   A.   When units or measurements determining the number of required parking spaces result in a fraction over one-half (1/2), a full parking space shall be required.
   B.   In the case of a use not specifically mentioned, the requirement for off-street parking facilities for a specified use which is most similar, as determined by the Planning and Development Director, shall apply.
   C.   Each 24 inches of bench, pew or similar seating facilities shall be counted as one (1) seat, except if specifications and plans filed with a building permit application specify a maximum seating capacity, that number may be used as the basis for required parking spaces.
   D.   Where parking requirements are based upon maximum seating or occupancy capacity, the capacity shall be as determined by the building code and fire code.
   E.   Unless otherwise indicated, floor area shall be usable floor area (UFA) as defined in Chapter 1115.
Table 1161.03-1, Parking Requirements by Use
Use
Number of Parking Spaces
Residential Uses
Bed and breakfast
2 for the owner/operator and 1 per leasable room
Group homes, juvenile and adult
1 per 4 occupants
Multiple-family dwellings
1.5 per one bedroom unit, 1.75 per two bedroom unit, and 2.5 per three bedroom unit
Senior Residence District, independent units, assisted living units
See Section 1138.10
Single-family (attached and detached) and two-family dwellings
2 per dwelling unit, 1 must be enclosed
Table 1161.03-1, Parking Requirements by Use (Cont.)
Use
Number of Parking Spaces
Institutional Uses
Auditoriums, assembly halls, meeting rooms, theaters, and similar places of assembly
1 space per 3 seats, based on maximum seating capacity in the main place of assembly, as established by the city fire and building codes
Child day care centers, nursery schools, and day nurseries; adult day care centers
1 per 500 sq. ft. of UFA, plus 1 per employee on the largest shift
Churches, places of worship and customary related uses
1 per 3 seats in the main unit of worship, plus spaces required for each accessory use such as a school
Colleges and universities; business, trade, technical, vocational, or industrial schools
1 per classroom plus 1 per 3 students based on the maximum number of students attending classes at any one time
Elementary and middle schools
1 per teacher and employee, in addition to the requirements for places of assembly such as auditorium, gymnasium, or stadium
Government offices
1 per 300 sq. ft. of UFA plus requirements for auditoriums, meeting halls or other assembly rooms
High schools; performing and fine arts schools
1 per teacher and employee, and 1 for every 10 students, in addition to the requirements for places of assembly such as auditorium, gymnasium, or stadium
Hospitals and similar facilities
1 per 2 beds, plus 1 per employee on the largest shift plus 1 per doctor who has staff privileges
Nursing and convalescent homes
1 per 3 beds or occupants and 1 per staff member or employee on the largest shift
Post office
1 per 200 sq. ft. of UFA for customer parking, plus 1 per employee on the largest shift and additional space for delivery vehicles
Public libraries and museums
1 per 800 sq. ft. of UFA, plus requirements for auditoriums, classrooms or other assembly rooms
Table 1161.03-1, Parking Requirements by Use (Cont.)
Use
Number of Parking Spaces
Retail Uses
Retail stores except as otherwise specified
1 per 250 sq. ft. of UFA
Animal grooming, training, day care, and boarding
1 per 300 sq. ft. of UFA
Furniture and appliance, household equipment, show-room of a plumber, decorator, electrician, hardware, wholesale and repair shop, or other similar uses
1 per 800 sq. ft. of UFA plus 1 additional per employee on the largest shift
Grocery store/supermarket
1 per 200 sq. ft. of UFA
Home improvement centers
1 per 300 sq. ft. of UFA
Multi-tenant shopping centers
50,000 sq. ft. or less of retail
1 per 250 sq. ft. of UFA
over 50,000 sq. ft. of retail
1 per 220 sq. ft. of UFA
with restaurants
If more than 20% of the shopping center's floor area is occupied by restaurants or entertainment uses, parking requirements for these uses shall be calculated separately; where the amount of restaurant space is unknown, it shall be assumed to be 20%
Vehicle dealerships, including automobiles, RVs, motorcycles, snowmobiles, ATVs and boats
1 per 300 sq. ft. of show room floor space, plus 1 per automobile service stall, plus 1 per employee on the largest shift
Table 1161.03-1, Parking Requirements by Use (Cont.)
Use
Number of Parking Spaces
Service Uses
Banks and other financial institutions
1 per 250 sq. ft. of UFA for the public; drive-up windows and ATMs shall be provided with 3 stacking spaces per window or ATM
Beauty parlor or barber shop
2 per chair/station
Dry cleaners
1 per 500 sq. ft. of UFA
Mortuary establishment, funeral home
1 per 50 sq. ft. of assembly room or parlor floor space
Motel, hotel or other commercial lodging establishment
1.1 per guest room; in addition, spaces for ancillary uses such as lounges, restaurants, meeting rooms or places of assembly shall be provided on the basis of specific requirements for each individual use
Motor vehicle service stations
1 per employee, plus additional parking required for other uses within vehicle service station, such as the retail floor area, restaurants or vehicle repair stalls; each automobile fueling position shall count as one quarter (1/4) of a required space for the spaces required for other uses within an automobile service station
Offices, business, professional and general
1 per 300 sq. ft. of UFA, but no less than 5 spaces
Offices, medical, dental and veterinary
1 per 250 sq. ft. of UFA
Vehicle repair establishment
2 per service stall plus 1 per employee on the largest shift
Vehicle quick oil change
2 stacking spaces per service stall, rack or pit plus 1 per employee on the largest shift
Vehicle wash
Self-service (coin operated)
4 plus 2 stacking spaces for every washing stall
Full-service
4 plus 1 per employee on the largest shift, plus 15 stacking spaces for every washing stall or line
Table 1161.03-1, Parking Requirements by Use (Cont.)
Use
Number of Parking Spaces
Restaurants, Bars and Clubs
Sit-down restaurants with liquor license and microbreweries
1 per 75 sq. ft. of UFA
Sit-down restaurants without liquor license
1 per 100 sq. ft. of UFA
Carry-out restaurant (with no or limited seating for eating on premises)
6 plus 1 per employee on the largest shift and 1 per 4 seats
Drive-through restaurant
1 per 30 sq. ft. UFA, plus 8 stacking spaces per food pickup window
Bars, lounges, taverns, nightclubs (majority of sales consist of alcoholic beverages)
1 per 50 sq. ft. of UFA
Private clubs, lodge halls, or banquet halls
1 per 3 persons allowed within the maximum occupancy load as established by the city fire and building codes
Table 1161.03-1, Parking Requirements by Use (Cont.)
Use
Number of Parking Spaces
Recreation
Athletic clubs, gyms, health studios, martial art schools and other similar uses
1 per 3 persons allowed within the maximum occupancy load as established by city fire and building codes plus 1 per employee on the largest shift
Billiard parlors
1 per 3 persons allowed within the maximum occupancy load as established by city building and fire codes or 1 per 300 square feet of UFA, whichever is greater
Bowling alleys
6 per lane
Indoor recreation establishments including gymnasiums, tennis courts and handball, roller or ice-skating rinks, exhibition halls, dance halls, and banquet halls
1 per 3 persons allowed within the maximum occupancy load as established by the city fire and building codes
Golf courses open to the public, except miniature or par-3
6 per hole, plus additional for any bar, restaurant, banquet facility or similar use
Miniature or par-3 courses
3 per hole plus 1 per employee on the largest shift
Neighborhood amenities (swimming pools, club houses and similar facilities for the common use of residents within a development)
1 per 10 persons allowed within the maximum capacity as established by the city fire and building codes
Stadium, sports arenas, sports fields (ball diamonds, soccer fields, etc.) or similar place of outdoor assembly
1 per 3 seats or 3 per 6 feet of bench, plus 1 per employee on the largest shift; for fields without spectator seating, there shall be a minimum of 30 spaces per field
 
Table 1161.03-1, Parking Requirements by Use (Cont.)
Use
Number of Parking Spaces
Industrial Uses
Industrial establishments, including manufacturing, research and testing laboratories, bottling works, printing, plumbing or electrical work-shops
1 per 1.5 employees computed on the basis of the greatest number of persons employed at any one time during the day or night; or 1 per 550 feet of GFA, whichever is greater
Warehouses and storage buildings
1 per employee computed on the basis of the greatest number of persons employed at any one time during the day or night; or 1 per 5,000 sq. ft. of GFA, whichever is greater
Mini-warehouse/self-storage
Unobstructed parking area equal to 1 per 10 door openings, plus parking for uses on the site such as truck rental
(Ord. 2017-32. Passed 5-2-17.)

1161.04 PARKING DESIGN.

   A.   Location and Setbacks. Off-street parking lots shall meet the setback requirements applicable to parking as specified in the zoning district.
   B.   Parking Construction. The construction of any parking lot shall require approval of a development plan, in accordance with Chapter 1126.
      1.   Pavement. All parking lots and vehicle and equipment storage areas shall be paved with asphalt or concrete, and shall be graded and drained to remove surface water which might accumulate. The reviewing authority may approve alternative paving materials, such as permeable/grass pavers, for all or a portion of the parking areas, based upon credible evidence of the durability and appearance of the proposed materials.
      2.   Drainage. Surface water from parking areas shall be managed in accordance with City engineering standards. The City Engineer shall approve any proposed detention or retention treatment.
      3.   Dimensions. Parking space and aisle dimensions shall meet the following requirements and as specified in Table 1161.04-1.
         a.   Angled parking between these ranges shall be to the nearest degree.
         b.   Space length may be reduced by up to two (2) feet if an unobstructed overhang, such as a landscaped area or sidewalk, is provided. A sidewalk shall have a minimum width of seven (7) feet where abutting a parking area. There shall be a minimum distance of seven (7) feet between the parking lot curb and building. Where curbing does not exist, bumper blocks shall be provided to protect pedestrian space adjacent to the building.
         c.   All parking lots shall be striped and maintained showing individual parking bays, in accordance with the following dimensions.
 
Table 1161.04-1, Minimum Dimensional Requirements
Angle
45°
50°
55°
60°
65°
70°
90°
Interlock (ft.)
42
45
46
50
51
54
60
Aisle Width (ft.)
12
13
14
16
17
18
24
Interlock Stall Depth (ft.)
15
16
16
17
17
18
18
Curb Length Per Stall (ft.)
12.7
11.7
11.0
10.4
9.9
9.6
9.0
Note: Two-way aisles shall be a minimum of 24 feet wide.
Figure 1161.04-2, Offstreet Parking Dimensions and Layout
 
      4.   Stacking Spaces. Stacking spaces for drive-through uses (such as banks, restaurants, car washes, pharmacies, dry cleaners and oil change establishments) shall be at least 24 feet long and ten (10) feet wide. Stacking spaces shall not block required off-street parking spaces. Where the drive-through waiting lane provides for a single lane for five (5) or more vehicles an escape/by-pass lane shall be provided to allow vehicles to exit the waiting lane.
      5.   Ingress and Egress. Adequate vehicular ingress and egress to the parking area shall be provided by means of clearly limited and defined drives. All parking lots shall provide interior access and circulation aisles for all parking spaces. The use of public streets for maneuvering into or out of off-street parking spaces shall be prohibited. Ingress and egress to a parking lot in a non-residential zoning district shall not be through a residential district, except in instances where access is provided by means of an alley that forms the boundary between a residential and non-residential district.
      6.   Curbing. A six (6) inch cast-in-place, continuous concrete curb or alternative, as determined by the City Engineer, shall be provided around all sides of any parking lot to protect landscaped areas, sidewalks, buildings or adjacent property from vehicles that might otherwise extend beyond the edge of the parking lot. Curb openings are allowed for storm water drainage, as recommended by the City Engineer. Plantings shall be set back two (2) feet from curbs to allow for bumper overhang.
      7.   Fire Lanes. Fire lanes shall be designated on the site and posted with signage prior to occupancy. Vehicle circulation shall meet turning radius requirements set by the Division of Fire.
      8.   Crosswalks. Pedestrian pathways and crosswalks in parking areas shall be distinguished from asphalt driving surfaces through the use of striping or durable, low-maintenance, surface materials such as pavers, bricks, or scored, stamped or colored concrete to enhance pedestrian safety and comfort as well as the attractiveness of the parking area.
   C.   Barrier Free Parking in Parking Lots. Within each parking lot, signed and marked barrier free spaces shall be provided at a convenient location in accordance with the applicable requirements of federal, state and local codes.
   D.   Limitations on Use of Parking Lots.
      1.   Off-street parking areas are intended only for temporary vehicle parking. Except when land is used as storage space in connection with the business of a repair or service garage, use of parking areas or open land is not permitted for the storage or parking of wrecked or junked cars, or for creating a junk yard or nuisance.
      2.   Loading spaces and parking spaces shall be considered separate and distinct requirements and shall be provided as individual components on the site as set forth in Section 1161.05. In no case shall one component be construed as meeting the requirements of the other.
      3.   Parking lots and loading areas shall not be used for the long-term storage of trucks or trailers, except where such outdoor storage is specifically permitted in the zoning district. Overnight parking or storage of commercial vehicles shall be prohibited, except for uses and locations approved for vehicle storage. This shall not be construed to prohibit the parking overnight of commercial fleet vehicles or the short-term parking of trailers in loading bays or staging areas related to commercial or industrial uses.
      4.   It shall be unlawful to use a parking lot or open area to store or park any vehicle for the purpose of displaying vehicles for sale, except in an approved vehicle sales dealership.
      5.   It shall be unlawful to use a parking lot or open area to store or park any vehicle for the purpose of displaying advertisements, either mounted to or inscribed upon such vehicle, except where the vehicle is used in conjunction with a lawful commercial use existing thereon.
         (Ord. 2017-32. Passed 5-2-17.)

1161.05 OFF-STREET LOADING.

   A.   Uses Requiring Loading Area. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, retails sales, consumer services or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets, alleys and parking spaces. This provision shall not apply to retail sales and consumer service uses of less than 10,000 square feet.
   B.   Loading Area Requirements. Loading and unloading spaces shall be paved and, unless otherwise adequately provided for, shall be ten (10) feet by 50 feet, with 15 foot height clearance, according to the following schedule:
 
Table 1161.05-1, Minimum Off-Street Loading Requirements
Building Net GFA
Minimum Truck Loading Spaces
1 - 25,000 sq. ft.
1 space
25,001 - 40,000 sq. ft.
2 spaces
40,001 - 100,000 sq. ft.
3 spaces
100,001 - 160,000 sq. ft.
4 spaces
Over 160,000 sq. ft.
5 spaces, plus 1 space for each 80,000 sq. ft. in excess of 240,000 square feet (or fraction greater than ½)
   C.   Orientation of Overhead Doors. Access and loading bays facing any street, adjacent residential use or residential zoning district, shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building.
   D.   Location. The location of off-street loading facilities shall require approval by the reviewing authority during the development plan review process.
   E.   Residential Setback. Loading and unloading spaces shall not be located closer than 50 feet to any residential district boundary, unless the spaces are wholly within a completely enclosed building or completely screened from the residential district by a solid, sight-obscuring wall or fence at least six (6) feet in height and approved by the reviewing authority.
   F.   Deliveries to Commercial Establishments. The operation of loading facilities at commercial establishments shall meet the requirements set forth in Chapter 741 of the Codified Ordinances.
(Ord. 2017-32. Passed 5-2-17.)

1161.06 BICYCLE PARKING.

   A.   One objective for the B-1, B-3 and B-4 Zoning Districts is to promote pedestrian-scaled development in these areas of the city by providing public accessibility, connecting residences and businesses to public green spaces and promoting pedestrian and bicycle movement between adjacent residential, employment and shopping areas.
   B.   Parking for bicycles shall be provided in B-1, B-3 and B-4 Zoning Districts as follows:
      1.   Amount. Bicycle parking shall be provided at a minimum amount of five percent (5%) of the number of spaces provided for car parking or as determined by the Planning and Development Director based upon the use proposed.
      2.   Location. Bicycle parking shall be located within 75 feet of the main entrance of the building it serves.
      3.   Design. For each required bicycle parking space, a stationary object shall be provided to which a user can secure a bicycle with at least two (2) points of contact with a six (6) foot cable and lock. The stationary object shall be either a freestanding bicycle rack or a wall-mounted bracket. Features of an acceptable bicycle rack:
         a.   Installed on a permanent foundation (e.g., concrete pad) to ensure stability or securely anchored to the foundation with tamper-proof nuts if surface mounted.
         b.   Keeps both bike wheels on the ground.
         c.   Design that prevents the bicycle from tipping over.
         d.   Ability to support a variety of bicycle sizes and frame shapes.
         e.   Space to secure the frame and one or both wheels to the rack with a cable, chain or u-lock.
            (Ord. 2017-32. Passed 5-2-17.)

1161.07 ACCESS MANAGEMENT.

   A.   Functional Classification. The roadways listed in Table 1161.7-1 have been designated by the Northeast Ohio Areawide Coordinating Agency (NOACA) as having a functional classification of principal arterial, minor arterial or major collector. NOACA's most current list of roadway functional classifications shall govern the regulations of this Zoning Code.
 
Table 1161.07-1, Functional Classification (NOACA, 2016)
FC=3, Principal Arterial:
FC=4, Minor Arterial:
FC=5, Major Collector:
sColumbia Road north of Lorain Road
sColumbia Road south of Butternut Ridge Road
sGreat Northern Boulevard
sLorain Road
sStearns Road north of I-480
sBrookpark Road
sButternut Ridge Road
sCedar Point Road
sClague Road
sColumbia Road south of Lorain Road
sFitch Road
sMastick Road
sStearns Road south of I-480
sBarton Road
sBradley Road
sDover Center Road
sPorter Road north of Lorain Road
   B.   Driveway Spacing Standards. The following minimum spacing requirements shall apply to all curb cuts and driveways within any non-residential zoning district for roads designated in Table 1161.07-1 as Principal Arterial and Minor Arterial.
 
Table 1161.07-2, Driveway Spacing Standards
Posted Speed
Minimum Distance
25 mph
155 ft.
30 mph
200 ft.
35 mph
250 ft.
   These driveway spacing standards are guidelines and will be required if such distances can be achieved given the property limits and site layout. However, the City recognizes that in many cases these distances may not be feasible given the existing development and property lines within the City. In these instances, the City will make a determination as to what spacing will be required, and whether or not a driveway will be required to be directionally restricted in lieu of not meeting the spacings listed in Table 1161.07-2.
      1.   Spacing between a proposed driveway and a street intersection, either adjacent or on the opposite side of the street, shall not be less than the distances in Table 1161.07-2. Measurements are from the near edge of the proposed driveway, measured at the throat perpendicular to the street to the near lane curb or pavement edge of the intersecting street.
      2.   Minimum spacing between two (2) driveways on the same side of the street shall be determined based upon posted speed limits in Table 1161.07-2 and shall be measured from centerline to centerline.
 
      3.   To reduce left-turn conflicts, new driveways shall be aligned with those across the street, where possible. If alignment is not possible, driveways shall be offset from those on the opposite side of the street a minimum of 250 feet along arterial roads and 150 feet along collector and local roads. These standards may be reduced where there is insufficient frontage and shared access with an adjacent site is not feasible. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways.
   B.   Commercial Driveways Permitted.
      1.   The number of driveways serving a property in any non-residential zoning district shall be the minimum number necessary to provide reasonable access and access for emergency vehicles, while preserving traffic operations and safety along the public street.
      2.   Adjacent parcels in common ownership fronting on the same street shall be considered as one (1) parcel when determining permitted driveways.
      3.   Access shall be provided for each separately owned parcel. Access may be via an individual driveway, shared driveway or service drive. Additional driveways may be permitted for property only as follows:
         a.   One (1) additional driveway may be allowed for properties with a continuous frontage greater than 400 feet if the reviewing authority determines there are no other reasonable access alternatives;
         b.   The reviewing authority determines additional access is justified without compromising traffic operations along the public street; and
         c.   The minimum spacing requirements, specified in Table 1161.07-2 can be met.
            (Ord. 2017-32. Passed 5-2-17.)

1161.08 TRAFFIC IMPACT ANALYSIS.

   A.   TIA Required. Unless exempted by Section 1161.08.D, a Traffic Impact Analysis (TIA) shall be required for any development anticipated to generate more than 100 peak hour in-bound or out-bound trips, based on the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers.
   B.   Redevelopment. In the case of redevelopment, trip generation will be defined as the number of net new trips generated by the proposed use beyond the trips generated by the previous use, unless the previous use has been discontinued for more than 12 months.
   C.   Other Circumstances. The Planning and Development Director may waive the requirement to complete a TIA, or may require a TIA to be submitted for developments not exceeding 100 peak hour directional trips, based upon localized safety, operational, or street capacity issues, including levels of service (LOS) of existing roadways.
   D.   Exemptions. The TIA requirement will be waived for previously approved developments for which a TIA was submitted in conjunction with a preliminary plat for subdivision, final development plan, or mixed use development provided the TIA is less than two (2) years old.
   E.   Procedure. The TIA shall be submitted along with applications for a preliminary plat, development plan review, or mixed use concept plan. The TIA shall be prepared by a professional transportation engineer, licensed in the State of Ohio and shall, at a minimum:
      1.   Estimate the traffic that will be generated as a result of the proposed development in addition to current (background) traffic volumes and proposed developments in the immediate vicinity. The Planning and Development Director and/or ODOT may also specify annual growth factors to be used in the TIA;
      2.   Evaluate site access and internal circulation;
      3.   Evaluate the ability of the surrounding road network to support the proposed development and the cumulative traffic of current and other projected uses; and
      4.   Identify specific improvements to the surrounding road network that are necessary in order to support the traffic anticipated to be generated.
   F.   TIA Submission for Projects with Cumulative Impacts. A TIA shall be required for development projects that do not otherwise meet the thresholds of a TIA if the application is for a project that:
      1.   Shares features such as site access, common ownership, or other infrastructure with nearby undeveloped property for which future development can be reasonably anticipated; and
      2.   The cumulative impact of the overall development can be expected to exceed the threshold for preparation of a TIA.
         (Ord. 2017-32. Passed 5-2-17.)

1161.09 SIDEWALKS.

   A.   Sidewalks shall be constructed within the right-of-way or within the required setback area of all public and private streets to ensure current and future connectivity as provided in Section 903.03. Where sidewalks are not located within the right-of-way, but proposed to be located on private property within the required setback area, a public access easement shall be provided to the City and recorded as a condition of development plan approval.
   B.   The reviewing authority may waive the requirement for sidewalks, based on the following criteria:
      1.   Pedestrian connectivity is already provided via sidewalks or pathways or as part of a previously approved development plan in close proximity; or
      2.   The applicant has agreed to a payment-in-lieu arrangement with the City for construction of sidewalks or pathways.
         (Ord. 2017-32. Passed 5-2-17.)

1161.10 ILLUMINATION OF PARKING AREAS.

   A.   Applicability. The reviewing authority shall review plans for illumination of parking areas for any development plan involving new lighting or changes to existing lighting, other than for single-family or two-family residential dwellings or residential accessory buildings, as provided in this Section.
   B.   Exterior Lighting Plan Required. A lighting plan shall demonstrate compliance with the exterior lighting standards of this Section and shall include the following items:
      1.   A site plan to scale of no less than 1 inch = 30 feet showing location of all exterior light fixtures, controllers and transformers. Include property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow and scale.
      2.   Specifications, cut sheets and/or drawings for all exterior light fixtures, poles, conduit and appurtenant construction. A description of any dimming systems or other proposed lighting controls.
      3.   A photometric plan defining the limits of each lighting calculation area where illumination is proposed plotting the light levels in footcandles on the ground. The limits of each lighting calculation area shall be clearly indicated by a solid line boarder, shading or other clear method. Maximum illuminance levels should be expressed in footcandle measurements to the nearest 0.1 footcandle on a grid of the site showing footcandle readings at no greater than a 10-foot square. The grid shall include light contributions from all sources on the site (i.e. pole mounted, wall mounted, and sign). Show footcandle readings five feet beyond the property lines.
      4.   A calculation summary indicating footcandle levels on the photometric plan, noting the minimum, maximum and average footcandles; light loss factor; and uniformity ratios for each lighting calculation area. Include in the summary lamp wattages of all proposed luminaires and mounting heights of fixtures.
      5.   Any other information and data reasonably necessary to evaluate the required lighting plan.
   C.   Fixtures. Exterior lighting fixtures shall be installed in a manner to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the City.
      1.   Full Cut-off Required. All exterior pole lighting fixtures used to illuminate off-street parking areas shall be full cut-off and shall be arranged to deflect the light away from adjoining properties and adjacent streets. Exterior building lighting fixtures used to illuminate sidewalks, entrances and service areas shall also be full-cut off fixtures.
      2.   Canopy Lighting. Light fixtures mounted under canopies shall be recessed with flat lenses so that the lens cover is flush with the bottom surface of the canopy. Alternately, indirect lighting may be used where light is reflected down from the bottom of the canopy. In this case, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.
      3.   Nonessential Lighting. Nonessential lighting for other areas may be installed upon approval of the reviewing authority. This shall include landscape lighting, accent lighting of the structure, sign lighting, decorative lighting and lighting for similar purposes. Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam or light that will not extend beyond the illuminated object. For upward-direct architectural, landscape and decorative lighting, direct light emission shall not be visible above the building line roof.
      4.   Prohibited Lighting. No flickering or flashing light shall be permitted, except for temporary holiday decorations. The installation of any light fixture not specifically approved as part of a development plan is strictly forbidden.
   D.   Luminaire Location and Height. Parking lot illumination is subject to the following requirements.
      1.   Required Setbacks.
 
Table 1161.10-1, Site Lighting Setbacks
Maximum Mounting Height
Minimum Distance from Residential Property Line
10 feet
15 feet
16 feet
30 feet
20 feet
40 feet
30 feet
180 feet
      2.   The reviewing authority may require lower mounting heights if the adjoining grade is lower than developed grade
      3.   Concrete pedestals a minimum of 30 inches high shall be installed for all light poles in or within five (5) feet of the parking lot.
   E.   Illumination Levels. All owners of commercial, industrial, mixed use and multi-family property located in the City of North Olmsted shall meet the requirements of this Section.
      1.   Measurement. The average and maximum illumination levels shall not exceed that permitted for each lighting calculation area type. A lighting calculation area shall be defined as any area where the illumination level equals or exceeds 0.2 footcandle. A light lost factor (LLF) as recommended by the manufacturer subject to approval by the city may be applied to all calculations. A permanent dimming system or other permanent controls may be used to reduce the illumination level of any fixture in order to meet the required illumination levels; however, in no case shall the dimming system or other control be permitted to reduce the illumination level of any fixture more than 15% in order to meet the required illumination levels during normal business hours.
      2.   Light Trespass. Lighting intensity shall not exceed zero (0) foot candles at the property line when abutting residentially zoned land. All on-site lighting of buildings, lawns, parking areas and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.
      3.   Required Illumination Levels. Lighting shall be designed to provide even distribution of illumination and to avoid creating hot spots. Maximum average illumination levels are provided in Table 1161.10-2:
 
Table 1161.10-2, Illumination Levels
Lighting Calculation
Area Type
Maximum Average Illumination
Maximum Illumination at Any Point
Open parking lots
2.0 fc
5.0 fc
Sidewalks, entrances, pedestrian areas
5.0 fc
12.5 fc
Car dealerships front row
5.0 fc
12.5 fc
Under service station canopy
15.0 fc
20.0 fc
      4.   Exemptions. Because of their unique requirements for providing greater night-time visibility, their need to ensure public safety, and their limited hours of operation; stadiums (which include ball diamonds, playing fields and tennis courts) are exempted from the exterior lighting standards as specified above. A lighting plan for stadiums shall be established at the time that the request for exterior lighting is made and shall be subject to reviewing authority approval.
   F.   Lighting Essential to Safety. Lighting not essential to safety of the public and employees shall be terminated when the site is not occupied. For facilities that are occupied between 11:00 p.m. and 7:00 a.m. the following morning, the lighting designer shall submit a plan disclosing a 50% reduction in lighting levels with emphasis on terminating lighting in parking areas that will not be reasonably used during these hours.
(Ord. 2017-32. Passed 5-2-17.)

1161.11 DUMPSTERS AND COMMERCIAL TRASH RECEPTACLES.

   A.   Dumpsters, compactors and other forms of large commercial trash receptacles shall be located only within paved areas in the side or rear yard, but not within any required buffer area.
   B.   The location of receptacles shall not be within any designated parking or loading space.
   C.   Screening shall be provided in accordance with Section 1139.07.B.1-4.
(Ord. 2017-32. Passed 5-2-17.)

1163.01 PURPOSE.

   Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among others, the following purposes:
   A.   To promote traffic safety by preventing obstructions within public rights-of-way, minimizing visual distractions to motorists, ensuring that sign size and height are appropriate to their location and preventing conflicts with public safety signs and police and fire protection;
   B.   To maintain high quality districts of all land uses, and attractive public and private facilities of all types, by permitting only signs appropriate to their environs;
   C.   To provide for reasonable and appropriate methods for locating goods, services and facilities in all zoning districts by relating the size, type and design of signs to the size, type and design of the uses and districts; and
   D.   To control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall design for the area, in accordance with commonly accepted community planning and design practices, and the City's Master Plan.
   The City does not intend to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All regulations in this chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of persons to speak freely.
(Ord. 2020-79. Passed 11-17-20.)

1163.02 SEVERABILITY.

   If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. 2020-79. Passed 11-17-20.)

1163.03 SUBSTITUTION CLAUSE.

   The commercial message sign area allowed for any sign permitted in this chapter may be substituted with a noncommercial message.
(Ord. 2020-79. Passed 11-17-20.)

1163.04 RECLASSIFICATION OF SIGNAGE.

   If any legal existing sign permitted by variance at the time of this ordinance falls within the definition of a new sign type permitted by right under this chapter, then any variances for sign quantity associated with the preexisting signs that have been reclassified shall terminate.
(Ord. 2020-79. Passed 11-17-20.)

1163.05 GENERAL APPLICABILITY.

   A.   It shall hereafter be unlawful for any person to erect, place, relocate, expand, modify, maintain or otherwise alter a sign in the City except in accordance with the provisions of this chapter.
   B.    Unless otherwise provided, this chapter shall apply to any sign, in any zoning district, that is visible from a public right-of-way or from an adjacent property.
   C.    Any sign legally established prior to the effective date of this chapter, which is rendered nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of Section 1163.14. (Ord. 2020-79. Passed 11-17-20.)

1163.06 PROHIBITED SIGNS.

   The following types of signs are specifically prohibited within the City of North Olmsted:
   A.   Any sign that copies or imitates signs that are installed by the City or any other governmental agencies or falsely purports to have been authorized by the City or other governmental agency;
   B.   Signs that interfere with, obstruct the view of or be similar in appearance to any authorized traffic sign, signal or device because of its position, shape, use of words or color;
   C.   Signs that constitute a hazard to safety or health due to inadequate or inappropriate design, construction, repair or maintenance, as determined by the Building Commissioner;
   D.   Windblown devices and signs that flutter with the exception of flags as allowed by the City of North Olmsted;
   E.   Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention. This shall not include changeable copy signs as allowed in this chapter;
   F.   Signs with moving or flashing lights except as noted in the changeable copy sign section;
   G.   Beacons, lasers and searchlights, except for emergency purposes;
   H.   Signs or other structures that advertise a business which is no longer in existence or a product which is no longer sold at the business, because such signs are misleading to the public, create undue visual clutter and pose a hazard to traffic control and safety;
   I.   Signs that are accessory to an abandoned use of property. A use shall be determined to be abandoned if it has voluntarily ceased operations for a period of six consecutive months unless the use is determined to be seasonal in nature;
   J.   Pennants and streamers;
   K.   Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes or any other unapproved supporting structure, or otherwise placed in the public right-of-way except as provided for in Section 1163.10(h);
   L.   Signs that obstruct or substantially interfere with any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress to any building;
   M.   Pole signs except as allowed in Section 1163.12.D and 1163.12.E;
   N.   Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign;
   O.   Signs mounted on or above the roofline of any building or structure except as permitted on canopy signs in Section 1163.12;
   P.   Portable signs;
   Q.   Vehicle signs; except as permitted as temporary signs in Table 1163.13-1:    
      1.   Vehicle signs viewed from a public road with the primary purpose of advertising through signage not otherwise allowed by this chapter. A vehicle sign shall be considered to be used for the primary purpose of advertising if:
         (a)   The vehicle or trailer has signage attached to it and fails to display current license plates and registration; or
         (b)   The vehicle or trailer is inoperable and has signage attached to it.
      2.   Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. These regulations do not apply to:
         (a)   A vehicle parked at a driver's residence that is the primary means of transportation to and from his or her place of employment;
         (b)   Fleet and delivery vehicles that are actively used as part of a local business establishment; or
         (c)   Any vehicle that is painted or otherwise covered with signage that is used by any person as a personal means of transportation or is actively used as part of a local business establishment.
   R.   Any sign not specifically allowed or addressed by this chapter shall be prohibited.
(Ord. 2020-79. Passed 11-17-20.)

1163.07 SIGN PERMIT REQUIREMENT AND EXEMPTIONS.

   A.   Sign Permit Required. Unless otherwise stated in this chapter, all signs shall require a sign permit.
   B.   Sign Permit Exemptions. The following signs are subject to the requirements of this chapter but do not require a sign permit and do not require zoning approval. Permit-exempt signs may still be subject to building code or other applicable code requirements.
      1.   Signs and/or notices issued by any court, officer or other person in performance of a public duty. Any such sign shall be removed no later than seven days after the last day it is required to be displayed;
      2.   Signs that are an integral part of the original construction of vending or similar machines, fuel pumps, automated teller machines or similar devices that are not of a size or design as to be visible from a street or by any person other than those using the machine or device;
      3.   Any sign that is located completely inside a building that is not visible from the exterior (see also definition of window sign);
      4.   Signs that are located within a stadium, open-air theater, park, arena or other outdoor use that are not visible from a public right-of-way or adjacent property, and can be viewed only by persons within such stadium, open-air theater, park, arena or other outdoor use;
      5.   Sign face changes where the sign structure is designed with interchangeable panels and one of the panels is replaced without changing the structure, including any changes to the total sign face area, height or alteration of the sign cabinet;
      6.   Certain temporary signs as established in Section 1163.13;
      7.   A single wall sign placed on the façade of an individual dwelling unit that is not illuminated and does not exceed two square feet in area.
      8.   Signs which are an integral part of the historic character of a structure that has been designated an official landmark or historic structure by any agency or body of the governments of the United States, State of Ohio, Cuyahoga County or City of North Olmsted;
      9.   Any signs located on umbrellas, seating or similar patio furniture provided they are located outside of the right-of-way and comply with any other applicable standards of this chapter;
      10.   Ground signs and markings located completely within the interior of a lot used for a cemetery where such signs are not designed to be visible from a public street;
      11.   Signs that are part of a public art installation. For the purposes of this chapter, public art shall include any artwork commissioned, sponsored or endorsed by the North Olmsted Arts Commission;
      12.   Any sign on a truck, bus or other vehicle that is used in the normal course of a business (e.g., deliveries or fleet vehicles for contractors) for transportation (see also Section 1163.06.Q), or signage required by the State or Federal government;
      13.   Signs installed or required by a governmental agency including the City of North Olmsted, Cuyahoga County, State of Ohio and United States, including local and regional transit agencies;
      14.   Any warning signs or traffic safety signs required by construction contractors and public utility providers;
      15.   Hand-held signs not set on or affixed to the ground;
      16.   Any address numbers required by the Section 1351.01 of the Codified Ordinances;
      17.   Changes of copy on signs with changeable copy;
      18.   Any signs, including illuminated signs, or related decorations erected in observance of religious, national or state holidays which are not intended to be permanent in nature and which contain no advertising material; and
      19.   General maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.
         (Ord. 2020-79. Passed 11-17-20.)

1163.08 SIGN PERMIT APPLICATION AND PROCESS.

   A.   Permit Application Requirements
      1.   Each sign permit application submitted shall contain the information set forth below, as applicable.
         (a)   Name, address and telephone number of the applicant;
         (b)   Location of building, structure or lot to which or upon which the sign is to be installed;
         (c)   Scaled drawing(s) depicting the position of the sign in relation to any buildings and structures on the site and adjacent sites and adjacent streets or drives;
         (d)   Scaled drawing(s), plans and specifications, including method of construction and attachment of the sign to the building or ground;
         (e)   Sufficient information to demonstrate compliance with the regulations of this chapter;
         (f)   Name, address and telephone number of the person erecting the sign or advertising structure;
         (g)   Written consent of the owner of the building, structure or land to which or on which the sign or advertising structure is to be erected; and
         (h)   Any information, calculations or documentation required by the Ohio Building Code or the Codified Ordinances of the City of North Olmsted.
      2.   Every applicant, upon applying for a permit pursuant to this section shall pay to the City the nonrefundable fee established by separate ordinance.
   B.   Permit Review and Issuance
      1.   Upon receipt of a complete and accurate application for a sign permit, the Planning Director and/or Building Commissioner shall examine the plans and specifications, and, within 30 days, determine if the signs proposed in the application are in compliance with this chapter.
      2.   In the event of a variance request, or other delay caused by the applicant, the time for making a determination of sign compliance under this section shall be extended for a period of time equal to the time period during which the variance application is pending, or to the period of time of other delay caused by the applicant, whichever is applicable.
      3.   If the proposed sign complies with this chapter, all other applicable laws and ordinances of the City and the Ohio Building Code, if applicable, the Building Commissioner shall forthwith issue the requested permit upon receipt of the appropriate fees. Plan approval and subsequent granting of a permit for any sign subject to the Ohio Building Code is governed by the requirements and time restrictions of the Ohio Building Code. If the Building Commissioner determines that the application should be denied, he shall issue a written statement with his decision, explaining the reason(s) for the denial.
      4.   If the work authorized under any sign permit is not completed within six months after the date of issuance, the permit shall become null and void.
   C.   Violation and Revocation of Sign Permit
   The Building Commissioner may revoke a sign permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application. The Building Commissioner shall issue a written statement with their decision, explaining the reasons for revocation.
   D.   Appeals
      1.   If the applicant is dissatisfied with any determination of the Planning Director or Building Commissioner made during the application process related to the requirements of this chapter or zoning review, including but not limited to requirement of additional materials, the classification of a proposed sign, the denial of a permit or the revocation of a permit, the applicant may, within 10 business days following that determination, file an appeal by making application to the Building and Zoning Board of Appeals.
      2.   The Building and Zoning Board of Appeals shall hear the applicant's appeal at a meeting which shall be scheduled and held no later than 30 days following the date of the filing of the application. The Building and Zoning Board of Appeals may decide to affirm, modify, reverse or vacate the Planning Director or Building Commissioner's decision, and shall render its decision and any order necessary to effectuate its decision within five days following its hearing of the applicant's appeal.
      3.   The decision of the Building and Zoning Board of Appeals shall be final and may only be reviewed by a Court of Common Pleas, pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
      4.   If the applicant is dissatisfied with any determination of the Building Commissioner related to a decision based on the requirements of the building code, the applicant may appeal such decision to the Ohio Board of Building Appeals in a manner established in the Ohio Building Code. (Ord. 2020-79. Passed 11-17-20.)

1163.09 MEASUREMENTS AND CALCULATIONS.

   A.   Sign Setback. All required setbacks for signs shall be measured as the distance in feet from the lot line or right-of-way, whichever is applicable, to the closest point on the sign structure.
   B.   Sign Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely undertaken for the purpose of locating or increasing the height of sign.
   C.   Sign Area. The surface of a sign to be included when computing maximum allowable square footage of sign area shall be calculated as established in this section. For the purposes of calculating sign area, one of the following shapes may be used: circle, ellipse, triangle, square, rectangle, trapezoid, pentagon or hexagon.
      1.   The calculation of sign area shall not include any supporting framework, bracing or decorative fence or wall unless such structural support is determined to constitute an integral part of the sign design by means of text or other commercial message, as determined by the Planning Director or Building Commissioner. See Figure A.
      2.   For sign copy mounted or painted on a background panel, cabinet or surface distinctively painted, textured, lighted or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the smallest permitted shape that encompasses the extreme limits of the background panel, cabinet or surface. See Figure A and Figure B.
 
 
Figure A: Illustration of sign area calculation for a ground sign with a copy on a distinct, rectangular cabinet.
The brick structural support is not included in the sign area calculation.
 
 
Figure B: Illustration of computing the sign area for wall signs with a background panel or cabinet.
      3.   For sign copy where individual letters or elements are mounted on a building façade or window where there is no background panel, cabinet or surface distinctively painted, textured, lighted or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the smallest permitted shape that encloses all the letters or elements associated with the sign. See Figure C.
 
 
Figure C: Illustration of sign area calculation for wall signs with individual letters.
      4.   In cases where there are multiple sign elements of sign copy on the same surface, any areas of sign copy that are within two feet of one another shall be calculated as a single sign area that shall be computed by means of the smallest permitted shape that encloses all sign copy within two feet of one another, otherwise the sign area shall be computed for each separate piece of sign copy. See Figure D.
 
 
Figure D: Illustration of sign area calculations for multiple sign areas on a window sign.
      5.   Decorative edging or other window treatments that are not an integral part of the sign copy shall not be considered a part of the sign for the purposes of this chapter. See Figure D.
      6.   Except for three-dimensional signs, the sign area for a sign with more than one face (multi-faced signs) shall be computed by adding together the area of all sign faces when the interior angle is greater than 45 degrees.
      7.   When two identically sized, flat sign faces are placed back to back or at angles of 45 degrees or less, so that both faces cannot be viewed from any one point at the same time, the sign area shall be computed by the measurement of one of the sign faces. If the two faces are unequal, the sign area shall be calculated based on the larger of the two faces.
      8.   In the case of a three-dimensional sign where the sign faces are not mounted back-to-back, the sign area shall be calculated by the smallest permitted shape that encompasses the profile of the sign message. The profile used shall be the largest area of the sign message visible from any one point. See Figure E.
 
 
Figure E. Illustration of sign area calculations for three-dimensional sign.
   D.   Façade Measurements.
      1.   When calculating the permitted sign area based on the width of any façade, such calculation shall be based on viewing the façade from a 90-degree angle (i.e., straight on), regardless of façade insets, offsets or angles. See Figure F.
 
 
Figure F: Illustration of façade width measurement on varied façade shapes.
      2.   A primary façade shall be the length of the building wall that faces a public street unless another façade on the same building contains a majority of the customer entrances (regardless if the façade faces a public street or not), in which case the façade with the majority of customer entrances shall be deemed the primary faç
      3.   For buildings that have additional façades that face a public street, other than the primary façade, up to one additional façade that faces a public street shall be deemed the secondary façade.
      4.   For multi-tenant buildings, the portion of a building that is owned or leased by a single occupant or tenant shall be considered a building unit. The façade width for a building unit shall be measured from the centerline of the party walls defining the building unit.
      5.   The Planning Director shall have the authority to make the determination of what façades are primary facades and secondary façades for the purposes of this chapter.
         (Ord. 2020-79. Passed 11-17-20.)

1163.10 GENERAL REGULATIONS FOR ALL SIGN TYPES.

   Unless otherwise stated, the following regulations shall apply to all signs within the City:
   A.   Permanent signs are considered accessory uses and shall be accessory to a principal use provided for by the North Olmsted Zoning Code. Temporary signs may be permitted on all lots, regardless of the presence of a principal use, provided the temporary signs are in compliance with this chapter.
   B.   All signs shall be constructed in compliance with the applicable building and electrical codes as well as any other City regulations.
   C.   No sign shall be erected, relocated or maintained so as to prevent free ingress or egress, or block any light or ventilation openings.
   D.   No sign shall obstruct or interfere with fire ingress or egress from any door, window or fire escape, nor shall it obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the City or other governmental agency for the regulation of traffic or parking.
   E.   All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to permitted electronic message centers.
   F.   Signs supported by or suspended from a building shall hang so as to maintain a minimum clear height of eight feet above a pedestrian path and 15 feet above a vehicular path.
   G.   Vision Clearance Requirements
      1.   A traffic safety visibility triangle area, which may include private property and/or public right-of-way, is a triangle area defined by measuring 35 feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. See Figure G.
      2.   No sign shall exceed 30 inches in height, measured from the top of the curb, within the traffic safety visibility area.
 
 
Figure G: Traffic safety visibility triangle for intersecting streets.
   H.   Signs in Rights-of-Way
      1.   Signs shall be prohibited in the right-of-way with the exception of:
         (a)   Signs installed by the City of North Olmsted, Cuyahoga County, State of Ohio or United States, including local and regional transit agencies; or
         (b)   Any warning signs or traffic safety signs required by public utility providers.
      2.   The Building Commissioner may remove or cause to be removed any unlawful sign in the public right-of-way.
   I.   Maintenance
      1.   Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of a defective part, painting, cleaning and other acts required for the maintenance of the sign so as not to show evidence of deterioration, including peeling, rust, dirt, fading, damage, discoloration or holes.
      2.   Whenever a sign is to be removed pursuant to the requirements of this section, all parts of the sign and supporting structure (e.g., pole, foundation, cabinet structure, etc.), excluding buildings for wall, projecting or similar signage, shall be removed in its entirety. This section shall not require the removal of a raceway if mounted to such structure on a building.
   J.   Removal of Signs
      1.   The Building Commissioner is authorized to order the removal, repair or maintenance of any sign in violation of any code, or for which the required permit has not been obtained or which is in violation of any provision of this chapter. Every such order shall be served upon the owner or person in possession of the sign by personal service or by regular first class U.S. mail addressed to the occupant of such property and to the owner of the property.
      2.   Whenever the removal, repair or maintenance of any permanent sign has been ordered by the Building Commissioner, the owner or person in possession of such sign shall comply with such order within 14 days after notice is served upon him. Whenever the removal, repair or maintenance of a temporary or portable sign has been ordered by the Building Commissioner, the owner or person in possession of such sign shall comply with the order immediately after notice is served upon him.
      3.   In the event of noncompliance, the Building Commissioner may seek an order of removal from a court of competent jurisdiction, or may pursue criminal action against the owner and/or person in possession of the sign in accordance with the appropriate provisions of this Zoning Code relating to the violations.
      4.   If, following an inspection, the Building Commissioner determines that any sign constitutes an immediate danger to the public safety, the Building Commissioner may affect the immediate removal of said sign without regard to the time intervals for compliance cited above, at the sign owner's expense. Removal of a sign shall include the sign face, enclosing frame, all sign supporting members and base, unless otherwise specified in the order to remove. (Ord. 2020-79. Passed 11-17-20.)

1163.11 SIGN ILLUMINATION.

   All signs, unless otherwise stated in this chapter, may be illuminated by internal or external light sources, provided that such illumination complies with the following:
   A.   No light source or lamp shall be visible by any pedestrian or from any surrounding property or motor vehicle and shall have a translucent or solid cover if an internal lighting source or solid shield if an external lighting source.
   B.   Illuminated signs shall not exceed the maximum luminance level of three hundred (300) cd/m² or Nits at least one-half hour before sunset until sunrise, except as follows:
      1.   Illuminated signs on zoning lots adjacent to, within 100 feet, and visible from a residential lot or use shall not exceed the maximum luminance level of one hundred and fifty (150) cd/m² or Nits at least one-half hour before sunset until sunrise. Additionally, such signs may not be illuminated between 11:00 p.m. and 7:00 a.m. except at the time a business associated with the sign at the same location is in operation during this period.
   C.   Sign illumination shall not increase the light levels within 30 feet of all points of any sign face by more than 3.0 lux above the ambient lighting level.
   D.   Electronic message centers shall come equipped with dimming technology that automatically adjusts the display's brightness based on ambient light conditions.
   E.   No illumination of signs shall flash.
(Ord. 2020-79. Passed 11-17-20.)

1163.12 PERMANENT SIGN ALLOWANCES.

   The following are the types of permanent signs allowed in the City of North Olmsted and the applicable regulations for each type of sign.
   A.   Building Signs. Building signs shall not be permitted in One or Two Family Residence Districts or Residential Cluster Districts, except as accessory to an approved conditional use. In all other districts, building signs are permitted on principal structures in accordance with the following:
      1.   The building sign area allowed in this section shall include the total amount of all wall, canopy and projecting signs on each façade wall. Standards for each individual building sign type are established in this section.
      2.   Building signs shall not extend above the top of the roofline of the building to which it is attached. For canopy signs, the signs may be attached above the canopy, which is attached permanently to the building, provided that the sign does not extend above the top of the roofline of the building.
      3.   Building signs may not be attached to mechanical equipment or roof screening.
      4.   Building signs shall not include electronic message centers.
      5.   Building Sign Allowance
         (a)   There is no maximum number of permitted building signs.
         (b)   Maximum permitted building sign area shall be based on the primary façade width of the principal building.
         (c)   If the Planning Director determines that a secondary façade exists, up to 40 percent of the sign area as calculated in Table 1163.12-1 based upon the secondary façade width shall be permitted in addition to that allowed by Table 1163.12-1.
 
      6.   Wall Sign Standards. Any wall sign shall comply with the following standards:
         (a)   Wall signs shall be mounted on or flush with a wall and shall not project more than 24 inches from the wall or face of the building to which it is attached.
         (b)   A wall sign may be mounted on the façade wall or mounted on a raceway or wireway.
         (c)   A wall sign shall not be painted directly on a building.
         (d)   No wall sign shall extend any closer than 12 inches to either the top or side edges of the surface or wall to which it is attached. No wall sign shall cover or obscure any wall opening.
         (e)   No wall sign shall be nearer than two feet to any other sign, nor nearer than five feet to any other building or structure.
         (f)   No wall sign shall extend above the parapet of the main building to which it is attached, nor beyond the vertical limits of such building.
         (g)   The wall sign allowance may be used for signs attached to roofed structures over fueling stations.
      7.   Canopy Sign Standards. Any canopy sign shall comply with the following standards:
         (a)   Signage shall not cover more than 15 square feet of any individual awning, canopy or marquee.
         (b)   Signage may be mounted above any canopy that extends over a customer entrance provided that the maximum sign height over the canopy shall be 18 inches as measured from the top of the canopy to the top of the sign.
         (c)   Only the area of the sign may be illuminated internally on a canopy. The remainder of any canopy shall not be illuminated or may only be illuminated by an external source such as gooseneck lighting.
      8.   Projecting Sign Standards. Any projecting sign shall comply with the following standards:
         (a)   Only one projecting sign shall be permitted for each building unit.
         (b)   The maximum sign area for a projecting sign shall be six square feet.
         (c)   Decorative supporting structures for projecting signs are encouraged and shall not count toward the maximum square footage of signs allowed, however, in no case shall the supporting structure exceed six square feet.
         (d)   Projecting signs must be suspended from brackets approved by the Building Commissioner and contain no exposed guy wires or turnbuckles unless determined to be a decorative supporting structure, as permitted in C above.
         (e)   A projecting sign shall be perpendicular to the wall of the building to which it is attached and shall not extend more than four feet from the façade wall to which it is attached. Such a sign shall maintain a minimum six-inch clearance from the façade of any building.
         (f)   Projecting signs shall not be internally illuminated.
         (g)   Projecting signs shall not encroach into any right-of-way.
   B.   Window Signs. No sign permit shall be required provided that any window sign complies with the following standards:
      1.   Window signs shall not occupy more than 33 percent of the window area. The sign area is based on the total window area, regardless of the presence of an awning. Window areas separated by piers, architectural elements or similar features that are not glass or window framing or support shall be considered separate and distinct window areas. See Figure H.
 
 
Figure H: The window area is illustrated within the dashed line areas for the two storefronts above. The dashed lines indicate two distinct window areas due to seperation by an architectural feature not related to the windows.
      2.   Window signs may be temporarily or permanently attached to the window surface.
      3.   Window signs are not permitted in any window of a space used for residential uses or purposes unless allowed as a temporary sign in accordance with Section 1163.13.
   C.   Ground Signs
      1.   Ground signs shall not be permitted in One or Two Family Residence Districts, except as accessory to an approved conditional use. In all other districts, one ground sign shall be permitted per lot with the exception for lots having either a total area in excess of 10 acres or a total street frontage in excess of 600 feet, in which case two ground signs are permitted provided each sign complies with the standards of this section and the signs are separated by a minimum of 200 feet.
      2.   The maximum sign area of an individual ground sign shall be 65 square feet if the sign does not exceed a height of eight feet or a maximum sign area of 50 square feet if the sign does not exceed a height of 12 feet. In no case shall a ground sign exceed 12 feet in height.
      3.   Ground signs shall be set back a minimum of five feet from every right-of-way line, a minimum of 20 feet from any side or rear lot line and a minimum of 75 feet from any property line abutting a One or Two Family Residence District.
      4.   Exposed sign foundations shall be constructed with a finished material such as brick, stone or wood.
      5.   Permitted ground signs shall be located in a landscaped area equal to or larger than the total sign area of the applicable sign. Such landscaped area may be an area that fulfills any landscaping requirements of this code. The landscaped area shall include all points where sign structural supports attach to the ground.
      6.   All illumination of signs shall be subject to Section 1163.11.
      7.   Ground signs may contain changeable copy. A ground sign may contain up to 75 percent of manual changeable copy in sign area or up to 50 percent of an electronic message center in sign area subject to the provisions of this chapter.
      8.   Electronic Message Centers
         (a)   Only one ground sign on each lot may have an electronic message center, except that electronic message centers shall be prohibited on lots within any locally-designated historic district.
         (b)   No additional changeable copy sign area shall be permitted on a ground sign if there is an electronic message center.
         (c)   Any message change shall be a static, instant message change.
         (d)   Messages can only change once four (4) times every 24 hours.
         (e)   Only Light Emitting Diodes (LED) technology or similar quality signs shall be permitted for electronic message centers.
         (f)   The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
         (g)   The sign shall consist of one color of light lettering, symbols or logos on a black or similarly dark colored background that does not produce glare.
   D.   Drive-Through Facility Signs
      1.   Drive-through facility signs shall only be permitted in Business Districts.
      2.   In no case shall a single drive-through facility sign exceed 32 square feet in sign area. The total aggregate sign area of all signs associated with a drive-through facility shall not exceed 72 square feet.
      3.   No drive-through facility sign under this section shall exceed six feet in height measured from the grade of the adjacent driving surface to the top of the sign.
      4.   Such signs shall be oriented so as to only be visible to occupants of vehicles in the stacking lanes of the drive-through facility.
      5.   Drive-through facility signs may be pole signs provided the poles are no taller than 18 inches as measured from the grade to the bottom of the sign structure.
      6.   Drive-through facility signs may be internally or externally illuminated. Up to 100 percent of each sign may be an electronic message center if they comply with the following standards:
         (a)   Any message change shall be a static, instant message change.
         (b)   Only Light Emitting Diodes (LED) technology or similar quality signs shall be permitted for electronic message centers.
         (c)   The electronic message center shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
         (d)   The electronic message center shall be turned off during the hours when the related business is closed.
      7.   Drive-through facility signs attached to a wall of building shall be calculated as part of the building signage allowance in Section A.
   E.   Driveway Signs
      1.   Driveway signs shall not be permitted in One or Two Family Residence Districts or Residential Cluster Districts, except as accessory to an approved conditional use. In all other districts, driveway signs shall be permitted provided each sign complies with the standards of this section.
      2.   Driveway signs shall only be permitted at driveway entrances to a public street where there is limited access ingress or egress (e.g., enter-only or exit-only driveways) or where the driveway provides access to a drive-through facility.
      3.   Only one driveway sign is permitted per individual driveway.
      4.   Driveway signs shall be set back at least five feet from all lot lines but in no case shall the sign be set back more than 10 feet from the edge of the driveway.
      5.   Each driveway sign shall not exceed four square feet in area and 30 inches in height.
      6.   Driveway signs may be pole signs provided the poles are no taller than 18 inches as measured from the grade to the bottom of the sign structure.
      7.   Driveway signs may be internally or externally illuminated.
         (Ord. 2020-79. Passed 11-17-20.)

1163.13 TEMPORARY SIGN ALLOWANCES.

   The following are the types of temporary signs allowed in the City of North Olmsted and the applicable regulations for each type of sign.
   A.   Standards Applicable to All Temporary Signs
      1.   Temporary signs shall not be mounted, attached, affixed, installed or otherwise secured in a manner that will make the sign a permanent sign.
      2.   No temporary sign shall be mounted, attached, affixed, installed or otherwise secured so as to protrude above the roofline of a structure.
      3.   Temporary signs shall not be posted in any place or in any manner that is injurious to public property including, but not limited to, rights-of-way, utility poles and public trees.
      4.   All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles or structures.
      5.   Temporary signs shall be required to comply with vision clearance requirements (see Section G) and shall be set back a minimum of five feet from any public right-of-way.
      6.   Unless otherwise specifically stated, temporary signs shall not be illuminated.
      7.   No temporary sign shall require a foundation, support, wiring, fittings or elements that would traditionally require a building permit or electrical permit.
      8.   Temporary signs shall not be affixed to any permanent sign or permanent structure except when a banner sign is permitted to cover a permanent sign in accordance with Section 1163.13.E.3 or when such sign is attached to the principal building as permitted in this chapter.
      9.   No streamers, spinning, flashing, windblown devices or similarly moving devices shall be allowed as part of or attachments to temporary signs.
      10.   Mobile signs on wheels, runners, casters, parked trailers, parked vehicles or other temporary or movable signs shall not be permitted unless otherwise specifically stated in this chapter.
      11.   Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated.
   B.   Standards for Sign Types
      1.   Banner Signs
         (a)   Unless otherwise specifically stated, there shall be no maximum number of banner signs provided the aggregate total square footage of all banner signs does not exceed the maximum sign area allowed in this section.
         (b)   Banner signs may be attached to a building, fence or other similar structure. A banner sign attached to posts and mounted in a yard or landscaped area shall be regulated as a temporary yard sign.
         (c)   The maximum height standard for temporary signs shall not apply to a banner sign but such signs shall not be mounted in a manner that extends above the roofline of a building or the top of the structure on which it is mounted.
      2.   Yard Signs
         (a)   Unless otherwise specifically stated, there shall be no maximum number of yard signs provided the aggregate total square footage of all yard signs does not exceed the maximum sign area allowed in this section.
         (b)   There shall be a maximum of two faces to the sign, mounted back-to-back.
      3.   Window Signs
         (a)   Unless otherwise specifically stated, there shall be no maximum number of window signs provided the aggregate total square footage of all window signs does not exceed the maximum sign area allowed in this section.
         (b)   Temporary window signs shall be attached to the inside of the window.
   C.   Temporary Signs with a Noncommercial Message. Temporary signs with a noncommercial message shall comply with the sign-specific standards in Section 1163.13.B and meet the requirements contained in Table 1163.13-1.
   D.   Temporary Signs with a Commercial Message in Residential Zoning Districts. Temporary signs with a commercial message located in residential zoning districts shall comply with the sign-specific standards in Section 1163.13.B and meet the requirements contained in Table 1163.13-1.
   E.   Temporary Signs with a Commercial Message in Nonresidential Zoning Districts. Temporary signs with a commercial message located in nonresidential zoning districts or on lots in residential zoning districts where the principal use is conditionally permitted shall comply with the sign-specific standards in Section 1163.13.B and shall be categorized as follows:
      1.   Signs Allowed for an Unrestricted Time. These temporary signs do not require a sign permit and are allowed for an unrestricted amount of time provided they comply with Table 1163.13-1.
      2.   Signs Allowed for a Restricted Time. These temporary signs require a sign permit and are allowed on a restricted time basis in addition to that allowed in Section 1163.13.D.1 above, provided they comply with Table 1163.13-1.
      3.   Temporary Signs for New Uses (Restricted Time). These temporary signs require a sign permit and are allowed on a restricted time basis in addition to that allowed in Section 1163.13.D.1 above, for applications related to the establishment of a new use within an existing building where there is existing permanent sign, provided they comply with Table 1163.13-1.
 
(Ord. 2020-79. Passed 11-17-20.)

1163.14 NONCONFORMING SIGNS.

   A.   Any sign that was lawfully in existence at the time of the effective date of this ordinance, or amendment thereto, that does not conform to the provisions herein, shall be deemed a legal nonconforming sign and may remain on a lot of record except as qualified below. No legal nonconforming sign shall be enlarged, extended, structurally altered or reconstructed in any manner, except to bring it into full compliance with these regulations. These regulations shall not prohibit the replacement of the content of a sign without the structural modification of its size, location or configuration.
   B.   A sign shall lose its legal nonconforming status if any of the following occurs:
      1.   If such sign is damaged to an amount exceeding 50 percent of the sign's replacement value not including the cost or value related to the foundation or work below grade, as determined by at least two sign companies requested to provide a quote by the City;
      2.   The structure of the sign is altered in any form;
      3.   The sign is relocated;
      4.   The principal use of the property (see Section 1163.10.A) is voluntarily discontinued for a period of at least six months;
      5.   The sign is defined as a temporary sign and has been in use for more than one year following the effective date of this ordinance; or
      6.   The nonconforming sign and its structure (including support and frame and panel) are determined by the Building Commissioner to be unsafe or in violation of this code and are declared a nuisance.
   C.   Any sign that loses its legal nonconforming status must be brought into compliance with the provisions of this chapter and any other City laws and ordinances by an application for, and issuance of, a sign permit or by complete removal.
   D.   Failure to bring a sign into compliance after loss of a legal nonconformity status shall cause the sign to be considered an illegal sign.
   E.   Minor repairs and maintenance of legal nonconforming signs shall be permitted.
(Ord. 2020-79. Passed 11-17-20.)

1165.01 NONCONFORMING BUILDING DEFINED.

   A building or other structure existing lawfully at the time this Zoning Code became effective but which does not conform as to area or width of lot, yard dimensions, lot coverage, height of building, use intended or other regulations of the district in which it is located, is a lawful nonconforming building.
(Ord. 90-125. Passed 5-21-91.)

1165.02 PERMITTED CONTINUED USE OF BUILDINGS.

   A nonconforming building may be continued to be occupied so long as it remains otherwise lawful, subject to the following provisions:
   (a)   Maintenance and Repair. A nonconforming building may continue to be used, maintained and repaired, provided, however, no structural parts shall be replaced except when required by law to restore to a safe condition, or to make the building or use conform to the regulations of the district in which it is located.
   (b)   Alteration or Enlargement. A nonconforming building shall not be altered, added to or enlarged unless the additions and original buildings are made to conform to the setback, yard coverage and height of the district in which it is located, except:
      (1)   A nonconforming building may be altered, modernized or enlarged provided that the alterations and enlargements conform to all of the setback, yard coverage and height regulations and upon the issuance of a special permit of the Building and Zoning Board of Appeals.
      (2)   A nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setback requirements.
   (c)   Moving. A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
   (d)   Restoration of Damaged Building.
      (1)   If a nonconforming building is damaged or destroyed by any cause to the extent of fifty percent (50%) or less of its reproduction cost, those portions so destroyed or damaged may be restored but to not more than its former size, provided such restoration is completed within a period of one year from date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage such use may be continued.
      (2)   If a nonconforming building is damaged or destroyed more than fifty percent (50%) of its reproduction cost, no repairing or reconstruction shall be made unless every portion of the building is made to conform to regulations of the district in which the building is located and unless occupied by a conforming use.
      (3)   In the event the City and the owner cannot agree on the reproduction cost, determination of the reproduction cost shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Mayor, and the third to be selected by the mutual consent of the two parties. The decision of a majority of those so appointed shall be considered as a binding reproduction cost for the purpose of this section.
         (Ord. 90-125. Passed 5-21-91; Ord. 2016-36. Passed 8-2-16.)

1165.03 BUILDING USE REGULATIONS; SIGNS; PARKING.

   A use of a building existing lawfully at the time this Zoning Code became effective, but which does not conform to the use regulations, including signage, parking or loading regulations of the district in which it is located, is a nonconforming use of a building and may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (a)   Change of Use. The nonconforming use of a building may only be changed to a conforming use, or to a use permitted in a more restricted district if approved by the Building and Zoning Board of Appeals. Thereafter it shall not be changed back to the former nonconforming use. For this purpose, the districts shall be considered as listed in order of restrictiveness, from most to least restrictive, as set forth in Section 1133.06.
   (b)   Expansion of Use. A nonconforming use of part of a building may only be expanded or extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Code but no such use shall be extended so as to occupy any land outside such building.
   (c)   Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.
   (d)   Nonconforming Signs. A sign, existing lawfully at the time this Zoning Code became effective, but which does not conform with the sign regulations of the district in which it is located, may be maintained and structural or electrical parts may be repaired or restored to a safe condition as required by law; otherwise, a nonconforming sign shall not be altered or moved unless it is made to conform with this Zoning Code, and if any sign, or part thereof, is damaged or destroyed to more than fifty percent (50%) of its reproduction cost, or taken down, it shall not be rebuilt or relocated unless it shall be made to comply with the regulations of the district in which it is located.
   (e)   Nonconforming Parking Facilities. A building or use, existing lawfully at the time this Zoning Code or an amendment thereto became effective, but which does not conform with the offstreet parking or offstreet loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. Any parking spaces that may be provided shall be in accord with the regulations and standards set forth in Chapter 1161. However, if the existing building is altered so that there is an increase in the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more offstreet facilities, then offstreet parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accord with the schedule as set forth in Sections 1161.03.
      (Ord. 90-125. Passed 5-21-91; Ord. 2016-36. Passed 8-2-16.)

1165.04 PERMITTED CONTINUED USE OF LAND.

   A vacant lot or parcel of land, nonconforming as to use or dimension and existing lawfully at the time this Zoning Code or an amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located is a nonconforming use of land, and such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (a)   Expansion of Use. The nonconforming use of a lot, or part thereof, shall not be expanded or extended onto other parts of the lot.
   (b)   Discontinuance of Use. If the nonconforming use of a lot, or part thereof, is discontinued for a continuous period of one year any future use of such lot, or part thereof so discontinued, shall be in conformity with the use regulations of the district in which it is located.
   (c)   Insufficient Size. A lot, or lots, nonconforming as to lot area and/or lot width requirements of the district in which it is located, existing lawfully at the time this Zoning Code or an amendment thereto became effective, may be developed, provided that:
      (1)   No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this Zoning Code; and
      (2)   All other regulations of this Zoning Code, except lot area and lot width regulations, shall be complied with.
         (Ord. 90-125. Passed 5-21-91.)

1165.05 NONCONFORMING USE DUE TO RECLASSIFICATION.

   The foregoing provisions of this chapter shall also apply to the buildings, structures, land or other uses hereafter becoming nonconforming as a result of reclassification of districts or of other amendments made to this Zoning Code or of future reclassification of districts or of other amendments made thereto.
   Buildings and uses that were conforming or lawfully existing nonconforming buildings and uses under any prior zoning ordinance and becoming nonconforming under this Zoning Code shall be deemed unlawful nonconforming buildings and uses.
(Ord. 90-125. Passed 5-21-91.)

1165.06 CHANGE FROM NONCONFORMING USE.

   A nonconforming building or use shall cease to be considered as such whenever it complies with the requirements of the district in which it is located and shall not be resumed thereafter.
(Ord. 90-125. Passed 5-21-91.)