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Portsmouth City Zoning Code

CHAPTER 1137

Generally Applicable Standards

1137.01 INTRODUCTION TO GENERALLY APPLICABLE STANDARDS.

   All uses, structures, and lots in any district must comply with the generally applicable standards set forth in this chapter.
(Ord. 2022-110. Passed 12-12-22.)

1137.02 GENERAL PERFORMANCE STANDARDS.

   Each use subject to the provisions of this Zoning Code shall be located, arranged, and operated in accordance with the following performance standards in order to minimize the use's interfere with the development and enjoyment of adjacent properties.
   (a)   Vibrations and Noise. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other developments in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.
   (b)   Smoke. Smoke shall be controlled in its emission so as to be less dark in shade than that designated as No. 2 on the Ringelman Chart, except that an emission above such level shall be permitted for a period of three (3) minutes or less during the operation of starting or cleaning a fire.
    (c)   Dust. Dust or particulate matter shall be so controlled as not to produce a hazardous, or obnoxious situation beyond the property lines of the lot on which such dust or particulate matter is produced.
   (d)   Fire and Explosion Hazards. All activities, including storage, involving flammable or explosive materials shall include the provision of adequate safety devices against the hazard of fire and explosion.
All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency.
    (e)   Liquid and Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system, stream, or the ground of any materials of such nature or temperature as can contaminate any water supply or interfere with bacterial processes in sewage treatment shall be permitted. The standards of the Ohio Environmental Protection Agency shall apply.
    (f)   Odor and Glare. Odor or noxious fumes shall be so controlled as not to be offensive nor to create a hazard. Glare or heat from processing or other activity or lighting shall be so screened as not to be perceptible beyond the property lines of the lot on which such glare or heat is produced.
      (Ord. 2022-110. Passed 12-12-22.)

1137.03 PARKING STANDARDS.

   (a)   Parking Space Count. No minimum parking space count is established.
   (b)   Location of Parking Areas.
      (1)   No parking area may be situated closer to the front lot line than any front-facing exterior wall of any principal structure(s) on the same lot.
         A.   This provision does not apply to both frontages of through-lots. For through-lots, no parking area may be situated closer to the "addressed front lot line" than any front-facing exterior wall of any principal structure(s) on the same lot, where the "addressed front lot line" is the front lot line which is least distant from the principal structure and/or is architecturally addressed by the principal structure, such as by a front porch, a formal entryway, or columns. If both front lot lines of a through-lot are equidistant from the principal structure(s) and are both architecturally addressed by a principal structure, no parking area may be situated closer to either front lot line than any front-facing exterior wall of any principal structure(s) on the lot.
         B.   For any parking area on a lot without a principal structure, the parking area may not be closer to the front lot line than any front-facing exterior wall of any principal structure on any side-adjacent lot(s). For this requirement, a side-adjacent lot is a lot that abuts the lot in question and fronts the same street or streets as the lot in question.
         C.   This provision does not prohibit vehicles from parking upon a driveway, even when such driveway is closer to a front lot line than any front-facing exterior wall of any principal structure(s) on the same lot.
      (2)   Any parking area must comply with the required front setback for principal structures in the district in which it is located.
   (c)   Pedestrian Walkways. Pedestrian walkways must be provided within the vehicle use space of all parking area and drive-thru facilities, as follows:
      (1)   Pedestrian walkways must connect adjacent sidewalks on each street frontage with the entrance(s) of the establishment, and pedestrian walkways must connect parking areas for the establishment's employees and visitors with the entrance(s) of the establishment.
      (2)   The pedestrian walkways must be at least four (4) feet wide and must be unobstructed by vegetation, parking spaces, steps, utility poles, and other permanent objects. On lots with one (1) or more commercial use(s), pedestrian walkways must be at least five (5) feet in width and must be paved with a material that meets or exceeds the Americans with Disabilities Act accessibility requirements.
      (3)   If the pedestrian walkways are abutting or within a vehicle use area, the pedestrian walkways shall be clearly marked and distinguished with reflective pavement markings. Vehicle use lanes within parking areas should be designed to avoid such pedestrian walkways.
      (4)   If a pedestrian walkway is crossed by a vehicle use lane, the pedestrian walkaway must be constructed so that its elevation is at least four inches higher than the elevation of the vehicle use lane. To cross such an elevated pedestrian walkway, vehicles must mount the elevated pedestrian walkway via a ramped paved surface with at least a 1:1 rise:run steepness, effectively slowing the vehicles and enhancing pedestrian safety. Alternatively, a speed hump of at least four inches of height can be installed in the vehicle use lane exactly two feet in advance of the pedestrian walkway.
   (d)   Parking Area Surfaces.
      (1)   Parking areas must have improved surfaces that do not contribute dust, gravel, sand, or soil to the air, water, or ground surface outside of the lot.
   
   (e)   ADA Parking Requirements.
      (1)   Nothing in this Zoning Code shall be construed to conflict with the regulations set forth by the Americans with Disabilities Act.
      (2)   Parking spaces designated and designed for people with disabilities shall be in compliance with the universal parking space design set forth in the Americans with Disabilities Act Accessibility Standards, Section 208 and Section 502, which can be reviewed at the following website: https:// www.access-board.gov/ada/.
      (3)   All such spaces shall be designated by free-standing signs pursuant to the Ohio Secretary of State guidelines.
      (Ord. 2022-110. Passed 12-12-22.)

1137.04 DRIVE-THRU STANDARDS.

   (a)   All queuing vehicles shall be located on the lot on which the drive-thru services are being provided and shall not interfere with the movement of vehicles or pedestrians on public rights-of-way.
   (b)   All establishments with drive-thrus must provide a by-pass lane whereby vehicles may exit the lot at any point without proceeding through the drive-thru lane.
   (c)   Menu boards may not flash or have any visible bulbs. All menu boards must be oriented toward the drive-thru aisle that they are serving.
   (d)   Drive-thru speakers shall not be audible from adjacent properties. Drive-thru speakers shall not emit outdoor music.
(Ord. 2022-110. Passed 12-12-22.)

1137.05 SIGN STANDARDS.

   (a)   Purpose. It is the City's intent to provide business and industry in the City with equitable sign standards in accordance with fair competition and aesthetic standards acceptable to the community; to provide the public with a safe and effective means of locating businesses, services and points of interest within the City; and to provide for a safe vehicular and pedestrian traffic environment. This chapter is based on the premise that signs are subject to control in order to reduce nuisances to adjacent properties or the community in general, or depreciate the value of other properties within the community. To mitigate the potential negative consequences, reasonable limitations on signs are appropriate with respect to the size, height, and construction of signs, and the time, place, and manner of their display.
   (b)   Permitted Sign Types by District. Sign types are permitted in districts only as regulated by the Comprehensive Sign Table.
   (c)   Permitted Sign Count. Sign count regulations are set forth in the Sign Type, Area, Height, and Setback Standards, found in Section 1137.055.
   (d)   Permitted Sign Area. Sign area regulations are set forth in the Sign Type, Area, Height, and Setback Standards, found in Section 1137.055.
   
   (e)   Permitted Sign Height. Sign height regulations are set forth in the Sign Type, Area, Height, and Setback Standards, found in Section 1137.055.
   (f)   Required Sign Setback. Sign setbacks requirements are set forth in the Sign Type, Area, Height, and Setback Standards, found in Section 1137.055.
   (g)   Regulations by Sign Type.
      (1)   Access sign. An access sign must be located within ten (10) feet of the street right-of-way and within ten (10) feet of a curb cut or vehicular accessway to a property.
      (2)   Awning or canopy sign. An awning or canopy sign must be located on an awning or a canopy. An awning or canopy sign may be located on an awning or canopy that extends over the public right-of-way, but only when authorized by a valid permit.
      (3)   Bench sign. No bench sign may exceed eight (8) feet in width. No bench sign may exceed four (4) feet in height. Only one (1) bench sign may be erected per fifty (50) feet of frontage per lot. No bench sign may be erected within the public right-of-way except with written permission of the City.
      (4)   Flag sign. Each flag sign may not exceed a sign area of twenty-four (24) square feet. When measuring sign area for flag signs, the entire fabric area shall be considered the sign area.
      (5)   Freestanding sign. No freestanding sign may be within ten (10) feet of any other freestanding sign.
      (6)   Projecting sign. A projecting sign may extend over the public right-of-way only when authorized by a valid permit. A projecting sign must maintain eight (8) feet of clearance over pedestrian walkways.
      (7)   Sandwich board sign. A sandwich board sign may not be located on the public right-of-way unless it is authorized by a valid permit. A sandwich board sign may not be displayed outside of public business hours of the principal use of the lot.
      (8)   Temporary sign. A temporary sign may not be displayed for more than 180 days within one (1) calendar year.
      (9)   Wall sign. The difference in elevation of the lowest part of a wall sign and the highest part of that wall sign may not exceed ten percent (10%) of the height of the structure on which it is mounted. The Building Officer may designate a wall sign as a public art mural, which is exempt from these sign regulations.
      (10)   Window sign. A window sign facing a sidewalk and at an elevation between three (3) and eight (8) feet above sidewalk grade may not exceed twenty percent (20%) of the window area of the window in which it is displayed. Signs displayed in a window, including neon and neon-imitating "open" signs, hours of operation signs, and sale signs are considered window signs, even if not adhered directly to the window.
   (h)   Exempt Signs. These sign regulations shall not regulate:
      (1)   The copy and message of signs;
      (2)   Official traffic signs, or signs mounted in the public right-of-way by government agencies having jurisdiction within such right-of-way;
      (3)   A public art mural designated by the Building Officer;
      (4)   Flags of any nation or government jurisdiction;
      (5)   Scoreboards on athletic fields;
      (6)   Gravestones;
      (7)   The display of street numbers that may aid emergency vehicle's in locating and responding to an emergency; or
      (8)   Any display or construction not defined herein as a sign.
   (i)   Signs Prohibited in All Districts. The following sign types are prohibited in all districts:
      (1)   Abandoned signs;
      (2)   Flashing signs;
      (3)   Hazardous signs;
      (4)   Inflatable, lighter-than-air, or kite-type materials containing commercial messages;
      (5)   Merchandise, equipment, products, trailers, or other items not themselves for sale and placed for advertising purposes; this prohibition is not intended to prohibit any form of vehicular signage used in the normal day-to-day operations of a business, such as a sign attached to a bus or lettered on a motor vehicle, unless the primary purpose of such vehicle is for such advertising;
 
      (6)   Portable signs;
      (7)   Roof signs;
      (8)   Signs within the sight triangle of an intersection:
 
      (9)   Signs within the public right-of-way located on utility or street light poles, utility boxes, or street signs, unless granted permission by the right-of-way authority:
 
      (10)   Signs resembling traffic signs or traffic control devices on a public street or road;
      (11)   Signs which obstruct ingress or egress of a property; and
 
      (12)   Signs with reflective materials, except for those required by the Ohio Department of Transportation.
         (Ord. 2022-110. Passed 12-12-22.)

1137.055 SIGN TYPE, AREA, HEIGHT, AND SETBACK STANDARDS.

   (a)   A property may display any number of signs, provided that the signs are of a sign type allowed in the district and provided that the aggregate sign area of all signs (in square feet) on the lot does not exceed one-half of the lot's frontage (in linear feet) or 300 square feet, whichever is less. For example, a lot with forty (40) feet of frontage may display up to twenty (20) square feet of sign area, distributed over any number of signs.
   (b)   No individual sign may exceed a sign area (in square feet) equal to the front setback of the sign (in linear feet) or twelve (12) square feet, whichever is more. For example, if a sign has a front setback of twenty (20) feet, it may not exceed twenty (20) square feet in sign area.
   (c)   No building-mounted sign may exceed a sign height equal to fourteen (14) feet plus one-third of the sign's front setback. For example, if a building-mounted sign has a front setback of twenty-four (24) feet, it may not exceed twenty-two (22) feet in sign height.
   (d)   No freestanding sign may exceed a sign height equal to four (4) feet plus one-third of the sign's front setback. For example, if a freestanding sign has a front setback of twenty-four (24) feet, it may not exceed twelve (12) feet in sign height.
   (e)   A building-mounted sign may not project more than four (4) feet towards the right-of-way. Other signs must be set back at least three feet from the sidewalk edge.
   (f)   Signs are permitted in districts only as regulated by the Comprehensive Sign Table below.
 
District
Are (Sign type or feature) permitted in the (District)?
Rural
Hillside
Neighborhood
Traditional
Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and
Open Space
Access signs
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Awning or canopy signs
No
No
No
Yes
Yes
Yes
Yes
Yes
No
Table 1101.2: Comprehensive Sign Table. This table sets forth the districts in which each type of sign or sign feature is permitted. Temporary signs may be of any type but must adhere to the sign regulations for height and area.
SIGN TYPE, AREA, HEIGHT, AND SETBACK STANDARDS (CONT’D)
 
District
Are (Sign type or feature) permitted in the (District)?
Rural
Hillside
Neighborhood
Traditional
Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and
Open Space
Bench Signs
No
No
No
Yes
Yes
Yes
Yes
Yes
No
Flag Signs
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Freestanding Signs
   
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Project-ing Signs
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Table 1101.3: Comprehensive Sign Table (Cont'd.). This table sets forth the districts in which each type of sign or sign feature is permitted. Before any permanent sign is erected, moved, altered, or enlarged, it must receive a zoning permit. Temporary signs may be of any type but must adhere to the sign regulations for height and area.
SIGN TYPE, AREA, HEIGHT, AND SETBACK STANDARDS (CONT’D)
 
District
Are (Sign type or feature) permitted in the (District)?
Rural
Hillside
Neighborhood
Traditional
Neighborhood
Downtown
Corridor
University
Medical
Industrial Flex
Parks and
Open Space
Sandwich Board Signs   
No
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Temporary Signs
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Wall Signs
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Window Signs
   
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Table 1101.4: Comprehensive Sign Table (Cont'd.). This table sets forth the districts in which each type of sign or sign feature is permitted. Before any permanent sign is erected, moved, altered, or enlarged, it must receive a zoning permit. Temporary signs may be of any type but must adhere to the sign regulations for height and area.
SIGN TYPE, AREA, HEIGHT, AND SETBACK STANDARDS (CONT’D)
 
District
Are (Sign type or feature) permitted in the (District)?
Rural
Hillside
Neighborhood
Traditional
Neighborhood
Downtown
Corridor
University
Medical
Industrial
Flex
Parks and
Open Space
External
Illumination
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Internal Illumination
   
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Changeable Copy
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Electronic Message Center
   
No
No
No
No
Yes
No
No
No
No
Table 1101.5: Comprehensive Sign Table (Cont'd.). This table sets forth the districts in which each type of sign or sign feature is permitted. Before any permanent sign is erected, moved, altered, or enlarged, it must receive a zoning permit. Temporary signs may be of any type but must adhere to the sign regulations for height and area.
(Ord. 2022-110. Passed 12-12-22.)

1137.06 FENCE STANDARDS.

   (a)   No fence over six (6) feet in height shall be erected or altered without an approved fence permit, which must clearly be displayed during construction. A fence of six (6) feet or less in height may be erected without a fence permit. Replacement of a fence is permitted without a fence permit, provided materials, height and location do not vary from existing fence and the placement is conforming to the Zoning Code.
   (b)   Any fence, regardless of height, shall comply with the following standards:
      (1)   Height.
         A.   A fence in the front yard shall not exceed four (4) feet in height; a fence in the side yard or rear yard shall not exceed six (6) feet in height.
         B.   Fences that enclose athletic fields and courts are exempt from the six (6) -foot height limit.
         C.   Fences within the Industrial Flex District are exempt from the six (6) foot height limit provided that they do not exceed ten (10) feet in height.
      (2)   Location.
         A.   Fences are not required to comply with setback requirements applicable to principal or accessory structures. Fences may have setbacks as minimal as zero (0) feet for all lot lines in all districts.
         B.   Only decorative, open fences may be erected within the front yard.
         C.   Fences may not be located so as to encroach upon the required sight triangle area.
         D.   Fences placed on utility easements shall provide access to manholes, utility boxes, cleanouts, or other apparati that may be used from time to time for maintenance of the utility. Fences placed on drainage easements shall allow for the proper flow of water.
         E.   Any fence constructed between the required building setback line and street public right-of- way shall not prevent or hinder access to the residence by vehicles and personnel responding to a fire, police, or medical emergency.
      (3)   Material.
         A.   No fence shall have barbed wire, concertina wire, razor wire, or any similar material, except that barbed wire is permitted on the top of chain link fences in the Industrial Flex District.
         B.   No fence other than an animal enclosure fence shall have an electrified portion.
      (4)   Swimming Pool Fences.
         A.   A swimming pool shall be enclosed by a four (4) foot-high or higher fence erected wholly on the lot containing the swimming pool. A gap of four (4) inches or more may not exist between the bottom of the fence and the ground surface.
         B.   Solid fences which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
         C.   Spacing between vertical members of a wood or vinyl fence shall not exceed one and seventy-five hundredths (1.75) inches in width.
         D.   Maximum mesh size for chain link fences shall not exceed one and seventy-five hundredths (1.75) inches square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than one and seventy-five hundredths (1.75) inches.
         E.   In a lattice fence, the maximum opening formed by the diagonal members shall be no more than one and seventy-five hundredths (1.75) inches.
         F.   Spacing between vertical members of a decorative metal fence shall be no more than four (4) inches and any gate shall have no opening greater than five-tenths (0.5) inch within eighteen (18) inches of the release mechanism.
         G.   Access gates to the pool shall be equipped with a lock operated by a key, or combination lock, and shall be locked when not in use. Pedestrian access gates shall open outward, away from the pool, and shall be self-closing and have a self-latching device. Where the release mechanism of a self-latching device is located less than four and five-tenths (4.5) feet from the bottom of the gate: (a) the release mechanism shall be located on the pool side of the gate at least three (3) inches below the top and (b) the gate and fence shall have no opening greater than five-tenths (0.5) inch within eighteen (18) inches of the release mechanism.
         H.   If the sides of a pool are forty-two (42) inches or more above the minimum adjacent grade, and the pool is equipped with a removable ladder or a ladder that folds up and locks in an upright position when the pool is not in use, or the steps or ladder is surrounded by a fence as described in this section, then additional fencing will not be required. If an aboveground pool has a fence at the top of the pool, the maximum vertical clearance between the top of the pool and the bottom of the fence shall not exceed four (4) inches.
         I.   A three (3) foot minimum guardrail conforming to the Residential Code of Ohio is required for any porch, balcony or raised floor surface located more than thirty (30) inches above the floor or grade below, such as elevated pool decks.
   (c)   Maintenance. Fences shall be maintained in good condition, be structurally sound, safe, and attractively finished at all times. Any repairs or replacement ordered by the Building Officer shall be made within thirty (30) days of the date of the order. Grounds between fences and property lines and between fences shall be well maintained at all times. Any fence shall be designed, constructed and finished so the supporting members thereof shall face the property of the owner of the fence.
(Ord. 2022-110. Passed 12-12-22.)

1137.07 OUTDOOR LIGHTING STANDARDS.

   (a)   In order to protect the public health and environmental quality, no outdoor lighting source may produce light that exceeds a correlated color temperature of 3000 Kelvin between the hours of 10:00 p.m. and 6:00 a.m.
(Ord. 2022-110. Passed 12-12-22.)
   (b)   All light fixtures shall be required to have cut-off type shielding so that all light is reflected downwards. Visible light emanating from the top of the fixtures is prohibited. With the exception of Rural Districts, Hillside Neighborhood Districts, and Traditional Neighborhood Districts, the use of up-lighting to highlight building features may be permitted, provided that the light does not cause glare for pedestrians or vehicles. The use of up-lighting in Rural Districts, Hillside Neighborhood Districts, and Traditional Neighborhood Districts may be permitted, provided that (a) All the uplighting is directed toward the home dwelling wanting to highlight their building features and (b) Does not trespass to any neighboring properties, and (c) Does not cause glare for neighbors, pedestrians or vehicles.
(Ord. 2023-76. Passed 12-4-23.)
   (c)   All outdoor lighting shall be of constant intensity over time, and shall be directed, reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance, or unreasonably interfere with a neighboring property owner's right to enjoy their property.
   (d)   The City is exempt from outdoor lighting standards.
(Ord. 2022-110. Passed 12-12-22.)

1137.08 SIGHT TRIANGLE.

   (a)   At every corner of every intersection of two streets, a sight triangle shall be established. A sight triangle is the area contained by the right-of-way lines of the two (2) streets and a third line. The third line connects two (2) points, where each point is distanced from the intersection of the two (2) right-of-way lines by a distance equal to half the average width of the intersecting rights-of-way.
   (b)   Within a sight triangle, clear visibility between the heights of two (2) feet and ten (10) feet above the average center line grade of the intersection there shall be maintained, except for the trunks of existing trees or light or sign supports.
   (c)   Trees shall be permitted as long as only the tree trunk is visible between the ground and eight (8) feet above the ground, or otherwise does not present a traffic visibility hazard.
   (d)   There shall be no vehicle parking or standing space provided within a sight triangle.
   (e)   No curb cuts or access to parking areas shall be provided within a sight triangle at the intersection of two (2) streets.
 
(Ord. 2022-110. Passed 12-12-22.)