In addition to the regulations set forth elsewhere in this Zoning Code, the following regulations shall apply to all districts.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   Nonconforming Uses. A nonconforming use which was made of land before the first effective date of any zoning regulation with which such use does not conform, may be continued as herein provided, but not otherwise. No such permitted nonconforming use shall be enlarged, extended or changed, nor shall any structural alteration be made to any building or other structure in which such nonconforming use is conducted, except as provided herein:

      (1)   Changes. A nonconforming use may be changed to any conforming use. A nonconforming use may be changed to another nonconforming use by special permission of the Board of Zoning Appeals as provided for in Section 1246.02. Such special permission may be granted only if the Board finds, after a public hearing, that such changed use is of a more restricted nature than the existing nonconforming use.

      (2)   Discontinuances. If active and continuous operation of a nonconforming use is ceased for a continuous period of two years, or is changed to or replaced by a conforming use, the building, other structure or lot previously devoted to such nonconforming use shall thereafter be occupied and used only for a conforming use, according to all the use regulations of the district in which such building, other structure or lot is located. Any intent to resume active operations shall not affect the foregoing.

      (4)   Extensions. The Board may permit, after a public hearing, the extension of a nonconforming building upon a lot occupied by such building or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became nonconforming, and that such extension is necessary and incidental to such existing nonconforming use. The extent of such extension shall not exceed, in all, ten percent of the existing ground floor area of the existing building devoted to a nonconforming use, and such extension shall be within a distance of not more than twenty-five feet of the existing building or premises. Only one such extension shall be permitted. The Board may also permit, after a public hearing, the extension of a nonconforming use subject to the limitations set forth above and further subject to the Board finding that such extended nonconforming use will not be more harmful or objectionable to the surrounding area or impair the orderly development of the Municipality.

      (5)   Repairs and structural alterations. Nothing in this section shall be deemed to prevent normal maintenance and repair of a building or other structure containing a nonconforming use. Structural alterations may be made to a building or other structure containing a nonconforming use as follows:

         A.   When required by law; or

         B.   When a building or other structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no such structural alterations shall be made in excess of the area, height or yard limits of the district in which such building is located.

   (b)   Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and its customary accessory buildings may be erected on any single lot of record at the effective date of the adoption or amendment of this Zoning Code, notwithstanding limitations imposed by other provisions of this Zoning Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

   If two or more lots, or a combination of lots and portions of lots with continuous frontage in single ownership, are of record at the time of the passage or amendment of this Zoning Code, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for purposes of this section, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established in this Zoning Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.

(Ord. 2002-45. Passed 8-22-02; Ord. 2017-18. Passed 9-14-17.)

      (1)   Appropriate to the type of activity to which it pertains;

      (2)   Expressive of the identity of individual proprietors and of the community as a whole; and

      (3)   Legible in the circumstances in which it is seen.

      (1)   The name, address and telephone number of the applicant and owner of the premises;

      (2)   The location of the building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected;

      (3)   The position of the sign or other advertising structure in relation to nearby buildings or structures and a site plan for ground signs;

      (4)   Scale drawings, including graphics, colors, plans, and specifications, the method of construction and attachment to the building or the method of installation in the ground, using a scale of one inch equals one foot or another standard architectural scale;

      (5)   The name of the person erecting the structure;

      (6)   Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected;

      (7)   The product, use, or service to be advertised; and

      (8)   Such other information as the Zoning Inspector shall require to show full compliance with this and all other ordinances of the City.

         A.   Portable signs shall be permitted in all agricultural, commercial, industrial, and public zoning districts. In the CB District, a temporary sandwich board sign is permitted.

         B.   Portable signs shall not exceed sixteen square feet total or eight square feet per side if double-faced, and cannot cause a visual or physical obstruction to pedestrians or vehicles.

         C.   No permit is required for a portable sign and one sign per business is permitted.

         D.   Portable signs shall only be displayed during operating hours and shall be removed at the close of business each day.

      (11)   All signs noted in this section shall require a permit unless otherwise specified in this Section 1282.03.

      (12)   On-premises electronic message center: A large, free standing sign used for the purpose of promoting goods and services of the business located on the parcel where the message center is located may be permitted to be displayed, provided:

         A.   The business is directly adjacent to the interstate highway (I-75 or I-280).

         B.   The business is located in a "M-2" Industrial District along I-75 or a "C" Commercial District along I-280. On-premise billboard signs are prohibited in all other zoning districts in order to protect the City's aesthetics, and promote the general welfare of the public.

         C.   No sign of this type may be located within a radius of 500 feet of another on-premises electronic message center regardless of geographic jurisdiction or within 300 feet of existing or future residential uses.

         D.   No on-premises electronic message center shall be permitted within any right-of-way or easement provided for a railroad.

         E.   No on-premises electronic message center may be located within seventy-five feet of a property line adjoining a street or thirty feet of any other boundary line of the property on which the message center is located.

         F.   The maximum allowable display area for each allowable facing of an on-premises electronic message center is 672 square feet.

            1.   The on-premises electronic message center shall be comprised of a maximum of two facings which shall be installed back-to-back.

         G.   The height of an on-premises electronic message center may not exceed eighty feet above the natural grade of the ground on which it is located.

         H.   The exposed supports of the on-premises electronic message center in full view of vehicular traffic approaching along the main travel way shall be covered. This regulation shall not apply when the road design, natural topography, buildings, and other objects provide screening to the backs of any graphic.

         I.   On-premises electronic message center shall comply with the lighting requirements set forth in paragraph (A)(4) of rule 5501:2-2-02 of the Ohio Administrative Code as well as the brightness standards set forth by the International Sign Association (ISA).

         J.   On-premises electronic message center must be stationary and shall not incorporate the use of any mechanical movement in its display and must comply with the variable or multiple message requirements set forth in paragraph (B) of rule 5501:2-2-02 of the Administrative Code.

         K.   On-premises electronic message center shall be constructed in such a fashion that it will withstand all wind and vibration forces that can normally be expected to occur in the vicinity and in compliance with all applicable codes, it shall be maintained so as to assure proper alignment of structure, continued structural soundness and continued readability of message. The structural component of the sign shall be designed and sealed by a professional engineer.

         L.   Every on-premises electronic message center shall require a sign permit before installation. Permits will be reviewed and issued consistent with the terms of this section as well as all other applicable ordinances. Every applicant for a permit shall file with the application a certificate of insurance, certifying that the applicant is insured against bodily injury and for property damage arising out of the erection, maintenance, repair, and replacement of the on-premises electronic message center.

         M.   Each applicant, if the permit is granted, shall be required to maintain said insurance and keep a certificate of insurance currently effective on file with the City so long as these types of signs are in existence. The certificate shall provide that the City shall receive fourteen days written notice in case of cancellation of the policy. Any on-premise billboard sign in violation of the insurance requirements of this section shall be removed immediately and the cost of such removal shall be charged against the sign/business owner.

         N.   The owner of the on-premises electronic message center may coordinate with the local authorities to display, when appropriate, information relative to the City of Northwood and emergency information important to the traveling public.

         O.   The on-premises electronic message center must otherwise comply with all other relevant regulations and ordinances of the City of Northwood, Ohio R.C. Chapter 5516, Ohio Administrative Code rule 5501:2-2-03, and State and Federal laws.

         A.   For residential buildings, a sign not more than one square foot in area, showing the address or the name of an occupant thereof; and

         B.   A sign not more than 100 square feet in area for an agricultural building, structure or lot.

         A.   For residential buildings, a sign of not more than one square foot in area, showing the address or the name of an occupant thereof.

         B.   An illuminated, non-flashing or nonilluminated sign, and ground mounted signs provided, that the total area of such sign is not more than sixty square feet and the total area of a double-faced sign is not more than 120 square feet.

         A.   Projection signs that are no more than sixteen square feet, or eight square feet in total area if double-faced.

         B.   Illuminated or nonilluminated wall signs, ground mounted signs, and awning signs that are no more than sixty square feet each side or 120 square feet for double-faced ground mounted signs.

         A.   Ground mounted signs shall not be located nor project closer than ten feet to any public right-of-way, as specified in this Zoning Code;

         B.   Projection signs are permitted to extend into the public right-of-way, if there is a sidewalk adjacent to the building, no more than two feet.

         C.   The total aggregate sign area for all outdoor advertising shall not exceed 300 square feet.

         D.   Signs for multi-tenant properties. A sign plan shall be established which includes sign uniformity in terms of height, proportion, sign type, background materials, illumination and building location. Individual business branding through color, fonts and icons may be permitted.

         E.   No more than three signs shall be permitted on single tenant properties.

         A.   All signs permitted in a C District except that:

            1.   A nonilluminated nonflashing ground and/or pole sign may be 160 square feet in total area.

            2.   An illuminated, nonflashing ground and/or pole sign may be 100 square feet in area.

            3.   In cases of two-sided signs, both sides shall be considered in computing total square feet in area.

         B.   A nonflashing illuminated or non-illuminated sign of any size attached to the main building or main structure, provided that such sign does not extend more than ten feet from the main building or main structure in any direction.

         C.   No sign shall be located, nor project closer than ten feet to any public right-of-way.

         D.   No sign shall extend more than twenty feet above the average finished grade level.

         A.   All signs provided for in this subsection shall comply with the provisions of this section. No signs erected pursuant to this subsection shall be more than six feet above the sidewalk elevation, unless otherwise specified. All signs herein described shall be nonilluminated and must be removed within forty-eight hours after the completion of the event if said event is date specific, or structure to which such signs apply, unless otherwise specified.

         B.   The following signs may be erected without a zoning permit:

(Ord. 2002-45. Passed 8-22-02; Ord. 2007-43. Passed 12-6-07; Ord. 2014-26. Passed 11-20-14; Ord. 2014-33. Passed 12-4-14; Ord. 2015-14. Passed 7-13-15; Ord. 2017-40. Passed 12-7-17; Ord. 2018-07. Passed 3-8-18; Ord. 2020-41. Passed 12-10-20; Ord. 2023-12. Passed 2-9-23.)

   Off-street loading space shall be provided according to the following provisions:

      (1)   This subsection shall not apply to agricultural buildings or structures.

      (1)   Alternative provisions may be approved by the Planning Commissions for properties within the CBD that may not have sufficient area on site to permit partial use of right-of-way which may include conditions such as hours of operation, size of delivery vehicle or other provisions to protect adjacent properties and uses.

(Ord. 2002-45. Passed 8-22-02; Ord. 2023-12. Passed 2-9-23.)

   (a)   Off-street parking space shall be provided in accordance with the following provisions. Each use listed in the left-hand column shall provide off-street parking space at the maximum amount listed in the corresponding right-hand column:

   Type of Use               Number of Off-Street Parking Spaces Required

   Dwellings

      Single-family            2 per dwelling unit

      Two-family            2 per dwelling unit

      Multi-family            1 per bedroom, not to exceed 3 per unit and 1 guest parking space per 5 units

   Schools                  1 per staff member plus auditorium/stadium requirement

   Churches                  1 per 4 seats in the sanctuary or principal

                        meeting room

   Museums and libraries         1 per staff member and 1 per 400 square feet

   Hospitals                  1 per bed

   Auditoriums, stadiums

         and other similar uses      1 per 4 seats

   Clubs, lodges and other

      similar uses            1 per 200 square feet of floor area

                        (or fraction thereof); or 1 per 4 persons that can

                        be seated in an assembly room, whichever is

                        greater

   Hotels and motels            1 per guest room

   Medical and dental offices         1 per 100 square feet of floor area

                        (or fraction thereof)

   Restaurants               1 per 2 seats

   Type of Use               Number of Off-Street Parking Spaces Required

   Theaters                  1 per 2 seats

   Dance halls               1 per 100 square feet

   Bowling alleys               5 per bowling lane

   Skating rinks               1 per 100 square feet

   Mobile home or manufactured

      home park            2 per mobile home; located on home lot

   (MPH) Mobile home or

    manufactured home park      1 per 5 mobile home lots for guest and employee parking

   All other commercial uses         1 per 200 square feet

   All other industrial uses         1-1/2 per employee on the premises during the

                        peak shift

   (b)   For all uses without separate seats, each twenty-four inches, or fraction thereof of seating space shall be considered one seat.

   (c)   For all uses listed in Section 1278.02(a) through (d), M-2 Heavy Industrial District, off-street parking spaces shall be provided as follows:

      (1)   One per two employees on the premises during the peak shift, except that fewer parking spaces may be provided where the Planning Commission finds that, because of the driving practices of employees, customers and visitors, a smaller number would be adequate.

      (2)   Warehousing with commercial or office floor area shall add one per 200 square feet of commercial or office floor area (or fraction thereof) to the required number of parking spaces for uses listed in Section 1278.02(a) through (d).

   (d)   Within any C or NCO district, off-street parking shall not be permitted in a required front yard if such premises are used as a residence. Off-street parking shall be permitted in a required front yard in a C or NCO area, but such parking area shall be paved with asphalt concrete or portland cement concrete pavement.

   (e)   Within the CBD, off-street parking shall not be permitted in a required front yard and shall be paved with asphalt concrete, Portland cement concrete or alternative hard pavement surface as approved by the City Engineer. The use of shared off-street parking is encouraged in the CBD.

   (g)   Exterior lighting shall be provided in or around an off-street parking area and away from the adjoining lot.

   (h)   No proposed off-street parking plan for a building or structure, other than a single- family dwelling, shall exceed the number of off-street parking spaces required in subsection (a). Planning Commission may review and approve any off-street parking plans that exceed or do not meet the minimum requirements as listed in subsection (a). The use of bicycle racks, fixed benches, additional green space, and similar amenities are encouraged and will provide an incentive to reduce or add to the amount of off-street parking desired.

   (i)   Landscaping of off-street parking area shall be provided according to the regulations set forth in Section 1250.10.

   (j)   Handicap accessible parking spaces shall be required in all off-street parking areas shall be provided according to the regulations set forth in Section ADAAG 4 of the Guidelines to ADA Title III.

   (k)   Parking spaces, except handicap accessible parking spaces, shall provide a minimum area of 180 square feet and a minimum stall width perpendicular to the vehicle of nine feet.

(Ord. 2002-45. Passed 8-22-02; Ord. 2007-44. Passed 12-6-07; Ord. 2023-12. Passed 2-9-23.)

   No building, structure or lot shall be used for the sale, manufacture or storage of fireworks.

(Ord. 2002-45. Passed 8-22-02.)

   No lot shall be used as a junk yard.

(Ord. 2002-45. Passed 8-22-02.)

   Not more than a combination of two boats, utility trailers, camper tops and accessories, campers or recreational vehicles per residence may be parked for storage purposes upon any lot, unless said parcel(s) is/are lawfully used for storage. A boat, utility trailer, camper top and accessory, camper and/or recreational vehicle shall be considered to be parked for storage purposes once it remains in the same relative location for more than forty-eight hours. Any boat, utility trailer, camper top and accessory, camper and/or recreational vehicle stored on a lot in a Residential District shall be considered the property of the person who owns or rents the lot, shall be maintained in a usable condition and may not be parked or stored for longer than one year without a current state license. No recreational vehicle stored shall have a fixed connection to any utility, except for maintenance purposes, nor shall it be occupied as a dwelling unit. Permissible storage is further regulated as follows: no combination of two boats, utility trailers, camper tops and accessories, campers and/or recreational vehicles shall include the draw bars and props.

   (a)   In any Residential District (A-1 through R-4 and PUD) during the winter months (December 1 through March 31), boats, trailers and/or recreational vehicles must be stored in an area that is located behind the principal residential structure on the lot or in the side yard setback, provided there is a minimum distance of three feet between the stored unit and the property line.

   (b)   In any Residential District (A-1 through R-4 and PUD) during the summer months (April 1 through November 30), boats, trailers and/or recreational vehicles may be stored in areas provided for in subsection (a) hereof, and are also allowed to be stored on any surface or area used as a residential driveway, provided that such boat, trailer or recreational vehicle does not extend into the road right-of-way or sidewalks. All hitches within ten feet of the road right-of- way line or sidewalk must have protective covering.

   The following exception applies to this section: A recreational vehicle used for medical transportation purposes may be stored in a driveway year-round.

   (c)   A recreational vehicle that belongs solely to the residential property owner may be parked in a residential driveway year round in the A-1, R-1, RA or R single-family residential zoning districts only if the recreational vehicle or any part thereof is a minimum of sixty feet from the front setback line. On corner lots the front setback line shall be applied along all street right-of-ways. All other regulations in this section shall apply.

(Ord. 2002-45. Passed 8-22-02; Ord. 2003-21. Passed 7-10-03; Ord. 2007-28. Passed 9-27-07.)

   (a)   No swimming pool shall be constructed, assembled, maintained or modified within the City except according to the provisions of this section.

      (1)   Location of Swimming Pools. No portion of a swimming pool, including all pertinent equipment and installations, shall be located so that the distance measured from the nearest inside wall is less than ten feet from any side or rear property line, unless a written consent and waiver of this restriction is obtained from the owner of any adjacent property entitled to object to such noncompliance, which consent shall accompany the application for a permit. The form for written consent shall be obtained from the city. Swimming pools are not permitted in the front yard.

   (b)   No pond shall be constructed, assembled, maintained or modified within the city except according to the provisions of this section:

      (1)   Location of Ponds. The edge of a pond as defined herein, shall be located:

         A.   A minimum of fifty feet from any road right-of-way. The public road right-of-way shall be determined as the greater of the existing road right-of-way line or right-of-way line proposed for future widening in City, County or State Transportation Plans.

         B.   Out of the front setback, which is determined by Zoning District.

         C.   A minimum of twenty-five feet from building foundations.

         D.   A minimum of ten feet from side and rear property lines.

         E.   One hundred feet from a septic tank or leach field.

      (2)   Depth and Aeration. To avoid stagnation of water, all proposed ponds and lakes shall maintain a minimum depth of twelve feet at its deepest point when filled to normal capacity and contain an aeration system that shall be continually operated during the algae growth months.

      (3)   Maximum Water Elevation. The edge of the water when all proposed ponds are filled to normal capacity shall not be higher than the normal surrounding grade. Berm or mounding shall not be considered part of the pond water depth.

      (4)   Slope. The slope for all proposed pond walls shall have a horizontal to vertical ratio of 3-1, with a ten foot safety ledge. Pond walls shall be compacted using accepted construction practices. See diagram below.

      (5)   Beach Areas. Beach areas may be sloped no less than at a horizontal to vertical ratio of 10:1 and shall not exceed twenty-five percent of the pond or lake surface area. See diagram below.

      (6)   Berm. Earth berm or disturbance from pond construction shall not be higher than seven feet from the original undisturbed grade level. The slope of areas adjacent to the pond shall have a maximum horizontal to vertical ratio of 3:1. The natural grade of land shall remain undisturbed within fifteen feet of any property line. Fill dirt may be hauled off site.

      (7)   Drainage System. To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development. The perimeter of the pond shall be tiled, with drops (small catch basins) and swale installed. The flow shall then be diverted to a suitable outlet, either a catch basin, or drainage ditch.

      (8)   Fencing. Ponds shall not require fencing if the pond is constructed according to the criteria as listed in Section 1282.09(b). If the pond is not constructed according to one or more of the criteria listed, a pond shall require fencing as specified in Section 1282.09(a)(2). Water features, decorative ponds and mirror ponds shall not require fencing.

      (9)    Inspections. The City Engineer, in conjunction with the Zoning Inspector, shall review detailed plans of the pond to determine all the above criteria are met. The City shall be reimbursed for any fees charged by the City Engineer's review and site inspection of the pond.

      (10)   Ownership/Liability insurance. All ponds shall be privately owned. Ponds located in subdivisions shall have all lots surrounding the pond to have rear lot lines extended to center of ponds.

   (d)   The following shall apply to both swimming pools and ponds:

      (1)   Permit Required. No swimming pool or pond subject to the provisions of this section shall be constructed, maintained or modified until a permit for the same has been issued. Such permit shall be issued by the Zoning Inspector upon the filing of a proper application showing design and layout details conforming to the provisions of this section and upon payment of a fee.

      (2)   Maintenance. All swimming pools and ponds shall be properly maintained and supervised so that it will not become a danger or nuisance to area residents, i.e. swimming pools should be properly covered during the winter months and proper water treatments should be applied in the summer months.

      (3)   Drainage. No swimming pool or pond shall be so constructed or equipped that the contents thereof are drained into any sanitary sewer.

      (4)   Penalty. The owner or occupant of any real property within the City upon which a violation of any of the provisions of this section occurs shall be fined in accordance with Section 1244.99.

(Ord. 2002-45. Passed 8-22-02; Ord. 2003-21. Passed 7-10-03; Ord. 2007-10. Passed 3-22-07; Ord. 2008-12. Passed 5-22-08; Ord. 2014-26. Passed 11-20-14.)

   A temporary sales permit shall be purchased according to the current fee schedule for sales permits. To obtain a sales permit, the permittee shall have permission of the property owner upon whose property the sales are located. The permittee shall complete a permit application. The City Administrator shall approve the application prior to sales occurring at the property owner's location. A temporary sales permit is valid for thirty days.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   Permitted for long-term use (over six months) in the Central Business District, Commercial and Industrial Districts only.

   (b)   All four sides of a dumpster/trash receptacle must be screened with a minimum six-foot high fence or wall using the following materials:

      (1)   Split face block or colored concrete masonry unit;

      (2)   Decorative masonry or wood;

      (3)   Wood fence;

      (4)   Vinyl fence of like color and material of the main building.

   Chain link with slats is not a permitted material for screening.

   (c)   The dumpster/trash receptacle shall be placed within the side or rear yard, shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways, and be placed on a minimum eight-inch thick concrete pad.

   (d)   The location of a dumpster/trash receptacle shall be indicated on site plans for Planning Commission review and approval as listed in Section 1250.12.

(Ord. 2007-30. Passed 11-20-07.)

   The following standards apply to marijuana facilities as defined in Section 1240.06(115).

   (a)   A marijuana facility shall not be located within 500 feet of any school (K-12), preschool, public park, public library, church or other religious facility, child-care facility or other use established for the activities of minors.

   (b)   For dispensaries:

      (1)   A dispensary shall not be located within 1,000 feet of another dispensary; and

      (2)   The hours of operation of a dispensary shall be limited to 8:00 a.m. to 8:00 p.m., or other hours consistent with a marijuana dispensary permit issued by the State of Ohio or otherwise determined as a condition of approval.

         (Ord. 2024-38. Passed 10-24-24.)