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Upper Sandusky City Zoning Code

TITLE FIVE

Additional Zoning Regulations

1131.01 LOCATION OF OFF-STREET PARKING AND LOADING AREAS.

    (a)    The parking facilities required herein shall be located on the premises, or within 300 feet of the premises, and shall not be a part of an alley, street or other roadway.
   (b)    A parking area or loading berth for any of the following uses may not be located closer to a residential district than the distance, in feet, listed opposite it in the following table, or in the case of being located within a residential district, no closer to the lot line than herein provided.
MINIMUM DISTANCE FROM RESIDENTIAL DISTRICT IN FEET
 
Use             Parking Area Loading Berths
Airport             25          100
Clinic                10          –
Commercial Greenhouse       --          50
Hospital             25          –
Golf Course or Country Club    10          –
Industrial Park          25          100
Natural Resource Development    –          300
Mobile Home Park,
Camp, or Trailer Park       25          –
Outdoor Commercial Recreation    25          50
Private Recreational Development    25          –
Sales Barn for Live Stock Resale    50          100
Truck Freight Terminal       100          100
Wholesale Produce Terminal    100          100
   (c)    Except for single and two-family residential uses, parking facilities may not be located in the required front yard in a Residential District. Parking facilities in any other district may be located within any required yard (except as herein prohibited), but shall be no closer than six (6) feet from any property line.
   (d)    For the purpose of minimizing the interference of traffic and congestion, the number of curb cuts shall be limited in Public Facilities, Highway Business, and General Manufacturing Districts along major or arterial streets. Such curb cut intersections shall be spaced at least 500 feet apart. Access to abutting properties shall be provided by a frontage or service road connecting to the curb cut intersection. These requirements may be adjusted by the
Administrative Officer by one of the following provisions:
      (1)    The curb cut is to be located opposite an existing public street intersection. In these instances, the curb cut may be installed provided it is at least 100 feet away from any other curb cut.
      (2)    The developer has submitted a traffic study performed by a qualified engineer which proves such variance is necessary for the proper flow of traffic entering and leaving the proposed use while at the same time not impeding the movement of traffic flow along said major street.
   (e)    Driveways may not be located closer than two (2) feet from any property line; owever, driveways to be shared by one or more properties may be permitted closer to or on the property line provided the permit application is signed by all affected adjacent property owners.
(Ord. 113-9. Passed 1-17-94.)
 

1131.02 OFF-STREET LOADING BERTHS.

   (a)   All nonresidential uses as described herein shall have a minimum number of off- street loading berths of dustproof surface as prescribed below:
       (1)    All uses generally permitted in the LB, GB, or CB Districts, whether located in a B or M District shall have one berth for the first 3,000 to 15,000 square feet of total gross floor area, and an additional berth for each additional 25,000 square feet, or fraction thereof, of total gross floor area.
         (Ord. 98-10. Passed 8-16-99.)
      (2)   All uses generally permitted in the LM or GM Districts shall require one loading berth for 15,000 square feet or less of total floor area, two berths for 15,000 to 40,000 square feet of total gross floor area, three berths for 40,000 to 100,000 square feet and one additional berth for each 40,000 square feet or fraction thereof, above 100,000 square feet of total gross floor area.
      (3)   All special uses shall have the same requirements as an industrial use.
   (b)   Each loading berth shall be at least twelve feet by forty-five feet in size with a minimum of fourteen feet height clearance.
   (c)   All loading berths shall be so designed and constructed so that all maneuvering can take place entirely within the property lines of the premises. Such loading berth shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street, road, highway or deeded right-of-way.
   (d)   "Loading berth" means an off-street, off-alley area designed or used to load or unload goods.
(Ord. 113-9. Passed 1-17-94.)

1131.03 OFF-STREET PARKING.

   To reduce traffic problems and hazards by eliminating on-street parking, every use of land hereafter stated or changed must include on-premises parking sufficient for the needs normally generated by the use as provided herein. Parking spaces or bays contiguous to the street, required by subdivisions or other ordinances, or voluntarily supplied, are in addition to and not in place of the spaces required herein.
   (a)    Each parking space shall be at least nine (9) feet wide and twenty-one (21) feet long for parallel parking, or nineteen (19) feet only for right angle parking, or eighteen (18) feet long for sixty degree parking or seventeen (17) feet long for forty-five degree parking; the length of nonparallel parking being measured at right angles to the edge of the usable parking area formed by the angles exclusive of passageway.
   (b)    Access drives or aisles serving internal parking areas shall be at least twelve (12) feet in width to service one-way vehicular traffic, and at least twenty-four (24) feet in width to service two-way vehicular traffic.
   (c)   Parking lots shall be designed so that all vehicles leaving the facility will be traveling forward to approaching traffic, and that all maneuvering into and out of each parking space takes place entirely within property lines of the parking area.
   (d)    Any parking space for a business use, if in the open, must be paved with a hard or dustproof surface.
   (e)    A group of uses may provide a joint parking area if the number of spaces in the area at least equals the aggregate of the spaces required for the several uses and other regulations are met.
   (f)    A church or temple that requires parking area at times when nearby uses do not need their parking facilities may by agreement approved by the Planning Commission, use those facilities instead of providing their own, except that such other facilities must be off-street, dust-free, and meet the total requirements for Churches and Temples.
   (g)    Width of driveways serving parking areas shall be regulated as follows, excluding curve radii:
 
            Minimum Width Maximum Width
Single-Family Residence       9 feet       20 feet
Multi-Family Residences,
   Two or More Single-Family
   Residences, Office and
   Business Uses, Public
   Facilities          12 feet    35 feet
Industrial Uses          15 feet    45 feet
   (h)    Parking spaces shall be provided as follows:
USES
REQUIRED PARKING SPACES
Airport or heliport
1 per 2 employees plus one permanently based aircraft plus one per daily transient aircraft
Automobile, trailer, other vehicle sales area (open)
1 per 1,000 sq. ft. of land used for retail areas
Automobile sales and repair (indoor)
1 per 200 sq. ft. of floor area
Banks, business and professional offices, similar business uses, postal stations, telegraph, telephone and similar uses
1 per 250 sq. ft. of floor area
Boarding, lodging, dormitories, etc.
1 per three occupants
Bowling alleys
3 per lane plus 1 per 6 spectator seats
Church or Temple
1 per 4 seats in largest area used at any one time
Clinic
1 per 2 employees plus 3 per doctor
Correctional Institution
1 per 3 employees plus 1 per 500 sq. ft. of floor area
Country club or golf course
1 per 2 employees plus 3 per hole
Department stores, retail showroom; apparel shop, flower shop, drug stores, hardware, stationery, record, news and grocery stores, photo studio, barber and beauty shops, restaurants, delicatessens, bakery, meat and super markets, locker service, roadside stands, appliance shops, shoe repair, clothing services, dry cleaning, laundry services, billiard room, taverns, nightclubs and business uses not otherwise listed
1 per 200 sq. ft. of floor area
 
Government buildings
1 per 200 sq. ft. of floor area
Hospital
1 per 4 beds plus 1 per doctor plus one per 3 employees on the largest work shift, plus one per hospital vehicle
Hotel, motel, tourist home
1 per sleeping room plus 1 for every 2 employees
Indoor Theater
1 per 4 seats
Industrial uses not listed elsewhere
1 per 3 employees
Kennel
1 per 3 animal spaces (dens or cages)
USES (Cont.)
REQUIRED PARKING SPACES(Cont.)
Kindergarten and day nursery
1 per 4 children
Lodge
1 per 3 guest rooms
Mobile home or travel trailer park
2 per trailer lot
Mortuary
1 per 4 seats in main room
Nursing home, home for aged
1 per 7 patients and 1 per 2 employees
Outdoor commercial recreation use
1 per 600 sq. ft. of area used
Overnight camp
1 per campsite, trailer or cabin
Private club
1 per 6 active members
Residential uses--multi-family
1-1/2 spaces per dwelling per unit
Residential uses--single family
2 spaces per dwelling unit
Riding stable uses
1 per 5,000 sq. ft. of floor area
Schools
1 per 3 staff members plus 1 per 6 auditorium seats
Shopping centers, malls, and plazas
1 per 250 sq. ft. of floor area
Stadium, coliseum, etc.
3 per 4 employees plus 1 per 4 seats
Transportation terminals, taxi, bus, train
1 per 5 seats in waiting room
Wholesale distribution uses
1 per 2 employees
 
(Ord. 113-9. Passed 1-17-94.)

1132.01 PRIVATE SWIMMING POOLS; DEFINITION; CONDITIONS OF USE.

   A private swimming pool means any pool, whirlpool or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1-1/2) feet, intended for private use.
   No private swimming pool shall be allowed in any district except as an accessory use and unless it complies with the following conditions and requirements:
   (a)    The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
   (b)    It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten (10) feet to any property line or the property on which located. (Ord. 113-9. Passed 1-17-94.)
    (c)    Swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. The pool structure itself shall not be considered as the required wall or fence. Such fence or wall shall not be less than four (4) feet or more than six (6) feet in height. Any gate or fence that is part of the fence structure shall be self-closing and/or self-locking. The fence shall be of open construction if it is along a public street or alley; otherwise it may be solid or open in construction. The fence or wall shall be maintained in good order at all times.
   (d)    Any aboveground permanent pool shall conform to the requirements set forth herein. Aboveground pools shall meet the requirements set forth in Section (c), or be so walled by a fence of not less than two (2) feet in height that attaches to the top rail of the pool structure. The pool ladder shall be protected by a self-closing and self-locking gate. Any pool or tank which remains in place throughout the year shall be considered permanent.
      (Ord. 117-13. Passed 8-16-21.)

1132.02 PUBLIC SWIMMING POOLS; DEFINITION; CONDITIONS OF USE.

   A public swimming pool means any pool, lake, or open tank within or without a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1-1/2) feet below ground, either operated for profit or by a governmental unit, and opened to the general public for swimming or other similar purposes.
   No public swimming pool shall be allowed in any district except as an accessory use or a permitted use and unless it complies with the following conditions and requirements:
    (a)    It may not be located, including any accessory structures or equipment, within any required yard.
   (b)    The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. The pool structure itself shall not be considered as the required wall or fence. Such fence or wall shall be not less than five (5) feet in height, shall not exceed in height as regulated in each district, and shall be maintained in good condition.
   (c)    Glare from lights used to illuminate the swimming pool shall be directed away from adjacent properties.
   (d)    Public swimming pools shall be accompanied by off-street parking sufficient to accommodate the usage of the pool.
   (e)    Public swimming pools located within 250 feet of a residential district shall not be open between the hours of 11:00 p.m. and 8:00 a.m.
   (f)    No mechanical device for the reproduction or amplification of sounds used in connection with the pool shall create a nuisance to adjacent residential properties.
       (Ord. 113-9. Passed 1-17-94.)
   (g)    The pool associated equipment and structures shall be constructed and erected in accordance with all applicable codes. Any owner of a public swimming pool must have on the premises a permit issued by the Administrative Officer.
      (Ord. 117-13. Passed 8-16-21.)

1133.01 INTENT AND SCOPE.

   The intent of this chapter is to regulate and permit the construction and use of fences throughout the community. No fence shall be installed, reconstructed, or relocated unless it is done in conformance with these regulations.
(Ord. 113-9. Passed 1-17-94.)
 

1133.02 FENCES IN RESIDENTIAL DISTRICTS.

    (a)    Fences shall not be permitted in any front yard or beyond the principal building(s).
   (b)    Fences shall be permitted in the rear or side yards in corner or double frontage lots. This shall also include those lots bounded on one or more sides by a public alley.
   (c)    Fences shall be no more that six (6) feet in height.
   (d)    Fences shall be located at least two (2) feet off any property line. However, a shared property fence shall be permitted if the permit application is signed by all affected adjacent property owners.
   (e)    All fences shall comply with the regulations of the building code as it applies to fence or wall installation and materials, but in no instance shall a fence contain barbed wire, electric current, or a charge or electricity.
   (f)    Agricultural uses that are on lots or parcels in excess of two acres in area and 100 feet in frontage are exempt from the provisions of this chapter.
   (g)    Notwithstanding the preceeding regulations, fencing whose sole purpose is decorative in nature shall be permitted in any yard. Such fencing shall be limited to no more than five (5) feet in length along or parallel to any property line and shall not exceed four (4) feet in height. (Ord. 117-13. Passed 8-16-21.)
 

1133.03 FENCES IN BUSINESS DISTRICTS.

    (a)    Fences shall not be permitted in any front yard, in front of any principal building, or in any yard abutting a public street or alley.
   (b)    When the rear yard of a business use abuts the rear of another permitted business or industrial use, an open or solid fence, not to exceed six feet in height, may be permitted along the rear property line.
   (c)    With the exception of rear lot line fences described above, fences shall not be permitted in the Central Business or Limited Business Districts.
   (d)    Other fences in any other business district shall not exceed six feet in height and shall contain openings between fence materials which shall constitute at least 60% of the fence surface area.
   (e)    All fences shall comply with the requirements of the Building Code as it applies to fence installation and materials, but in no instance shall a fence contain barbed wire, electric current, or a charge of electricity.
   (f)    The Planning Commission shall review and approve any application to install a fence on a business use property before a zoning permit shall be issued.
   (g)    Residential uses located within a business district shall comply with the regulations as outlined in Section 1133.02.
(Ord. 113-9. Passed 1-17-94.)

1133.04 FENCES IN MANUFACTURING DISTRICTS.

    (a)    Fences shall not be permitted in required front yards or required rear or side yards abutting public right-of-ways in a Limited Manufacturing District.
   (b)    Fences along lot lines that abut a public right-of-way in a General Manufacturing District shall not exceed six feet in height and shall contain openings between fence materials which shall constitute at least 60% of the fence surface area.
   (c)    Any other fence in a manufacturing district shall not exceed eight feet in height and may be open or solid in construction.
   (d)    All fences shall comply with the requirements of the Building Code as it applies to fence installation and materials.
   (e)    The Planning Commission shall review and approve any application to install such fences before a zoning permit shall be issued.
(Ord. 113-9. Passed 1-17-94.)

1133.05 FENCES IN PUBLIC FACILITIES DISTRICTS.

   (a)    Fences shall not be permitted in any front yard, or required rear or side yard abutting public right-of-ways, unless such fencing is required by a Federal, State or other local law, ordinance, or regulation.
   (b)    Fences in a Public Facilities District shall not exceed eight feet in height, and shall contain openings between fence materials which shall constitute at least 60% of the surface area.
   (c)    All fences shall comply with the requirements of the Building Code as it applies to fence installation and materials.
(Ord. 113-9. Passed 1-17-94.)

1133.06 FENCES IN A PLANNED UNIT DISTRICT.

   The location, height, and type of all fences within any Planned Unit District shall be approved by the Planning Commission.
(Ord. 113-9. Passed 1-17-94.)

1134.01 INTENT AND SCOPE.

   It is the intent of these regulations to govern and permit the installation of signs throughout the City in order to protect the character and dignity of public facilities and public and private buildings; to improve traffic safety by reducing advertising distractions and disruptions; and to enhance and preserve the City's environment. The use of good judgment, in addition to the regulations stated herein, is encouraged in the installation and displaying of all signs.
(Ord. 113-9. Passed 1-17-94.)

1134.02 GENERAL REGULATIONS.

   Except as prescribed, the provisions if this section shall apply and govern signs in any district:
   (a)    No sign shall be placed within the public right-of-way.
   (b)    No sign shall be erected or maintained at any location where, by reason of its position, working, illumination, size, shape, contents, or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control signal, sign, or device.
   (c)    No sign shall, because of light, glare, focus, noise, animation, flashing or intensity of illumination, unduly disturb the use of surrounding properties.
   (d)    No sign shall be erected or maintained which is obscene, immoral, indecent, or unsightly in character.
   (e)    No sign may be attached to a utility pole, tree, or street or traffic lights.
   (f)    No sign shall be rotated, nor shall any portion of any sign move with respect to the main sign itself.
   (g)    Signs may be illuminated internally by globes, light tubes, or other means, or externally by spot or floodlights attached to the sign or not extending more than six feet from it. However, no spot or floodlight source may be directly visible from a public right-of-way.
   (h)    All illuminated signs shall conform to the requirements of the current edition of the National Electric Code.
   (i)    No sign shall be placed upon any property without the permission of the property owner or the person responsible for the use and control of the property.
   (j)    The following types of signs shall be prohibited:
      (1)    Roof signs;
       (2)    Billboard and other off-site signs;
      (3)    Pennants, streamers, or other similar moving devices;
      (4)    Searchlights;
      (5)    Any other type of signage that is not permitted under this chapter.
         (Ord. 113-9. Passed 1-17-94.)

1134.03 ON SITE BUSINESS SIGNS.

    (a)    "On Site Business Signs" shall include pole signs, ground signs, wall signs, projecting signs, and arcade signs, and shall mean those signs permanently placed and promoting the business located on the lot or premises thereon.
   (b)    The minimum set back for any part of any on-site business sign shall be five feet from any public right-of-way, and ten feet from any other side or rear property line, except in the CB district, in which case no set back shall be required.
   (c)    In the event any on-site business sign exceeds fifty (50) square feet in size, any required setback shall be increased one (1) foot for each additional ten (10) square feet of sign area.
   (d)    No more than three (3) on-site business signs or structures shall be used per lot. Of the signs, a maximum of one (1) ground sign and one (1) pole sign each is allowed (unless otherwise prohibited as noted in Appendix A). However, a business complex (three (3) or more businesses, other than office uses, located in a unified building or attached group of buildings) shall be permitted an additional ground or pole sign per lot (if originally permitted as noted in Appendix A) and one wall sign per business.
   (e)    An existing business use that does not conform with the allowable use regulations of the district it is located within shall be allowed to have one (1) wall sign in conformance with these regulations. The business owner may request the Planning Commission for permission to install one (1) ground sign, provided he can prove extenuating circumstances to justify placement of the sign. If such approval is granted, the size of said sign shall be limited to one-half (½) the size normally permitted.
   (f)    If a window area is occupied by signage (either painted or attached) in excess of sixty percent (60%) of the window surface, that area shall be considered a wall sign and shall fall under the limitations noted in Appendix A. 
(Ord. 113-9. Passed 1-17-94; Ord. 98-10. Passed 8-16-99.)

1134.04 SPECIAL SIGNS REQUIRING A PERMIT.

   (a)    Subdivision Signs. A ground sign located at the entrance to a residential subdivision, identifying the name of the subdivision, shall be permitted. Such signs shall be at least five (5) feet from any right-of-way or property line, and shall be no greater than twenty-five (25) square feet in area or six (6) feet in height. Subdivision signs are limited to one (1) per subdivision, and must be approved by the Planning Commission during the subdivision process.
   (b)    Industrial Park Signs. A ground sign located at the entrance to an industrial park, identifying the name of the industrial park and the businesses therein shall be permitted. Such signs shall be allowed only on a major street, and shall be at least five (5) feet from any right of- way or property line. Industrial park signs are limited to one (1) per industrial park and shall be no greater than sixty-four (64) square feet in area or ten (10) feet in height.
 
   (c)    Public and Semi-Public Institutions. These uses shall be limited to two (2) signs, regardless of the district in which the use is located. Such signs shall be limited to ground or wall signs, each shall be no greater than twenty-five (25) square feet, and shall not be permitted in any side or rear yard setback. Churches, however, may also have a single bulletin board not to exceed twelve (12) square feet, provided that use has a front footage of at least 100 feet.
   (d)    Apartment Complex Signs. Multiple-family residences (provided they contain at least four (4) units) may have a ground or wall sign identifying the name and/or address of the premises. Only one (1) such sign shall be permitted per development or complex. Such signs shall not exceed twenty (20) square feet in area. Ground signs, if used, shall be located at least five (5) feet from any property right-of-way and shall not exceed five (5) feet in height. Use of ground signs in any residential district must first be approved by the Planning Commission.
   (e)    Home Occupations. Any home occupational use shall be permitted one (1) wall sign per main building, and such sign may be attached to the front of the house, a porch or a railing. The height of such signs shall not exceed eight (8) feet above grade and the area of said sign shall not exceed four (4) square feet. No such sign shall be illuminated. Use of such signs in any residential district must first be approved by the Planning Commission.
   (f)    Service Station Gasoline Pumps and Canopies. Any facility that offers for sale motor fuels shall be permitted an identification area on each pump not to exceed one (1) square foot in area. When canopies are in use over the pump, and are detached from the main building, a sign may be attached to the canopy on each side that faces a public street. Such signs may not extend higher than the roof line and shall be limited to two (2) square feet in area.
   (g)    Temporary Signs. Portable signs and banners may be permitted in any district other than residential districts on a temporary basis for the announcement and promotion of special events, such as grand openings, special sales, and introduction of new products or services. Portable signs shall not exceed thirty-six (36) square feet in area or seven (7) feet in height, and may not be placed closer than five (5) feet from any property or right-of-way line. Banners attached to a building may not exceed one (1) square foot in area per one (1) foot of wall width. Only one (1) such sign is permitted at any time per each lot or premises. The maximum period for display shall be seven (7) consecutive calendar days or thirty (30) days per calendar year.
(Ord. 113-9. Passed 1-17-94.)

1134.05 SIGNS ALLOWED WITHOUT A PERMIT.

   The following signs shall be allowed as noted without a permit or fee:
   (a)    Real Estate Signs noting the availability of a building or site for sale or rent, one (1) such sign with a maximum area of six (6) square feet is permitted per building or lot. However, when street frontage of the building or lot exceeds 200 feet, an additional sign not to exceed twelve (12) square feet shall be allowed. All such signs shall be at least five (5) feet from the edge of pavement of any street or road.
   (b)    Construction and Development Signs noting the engineer, architect, contractor, developer, and/or owner of the project. Such signs shall not exceed sixty-four (64) square feet in area and shall be limited to only one sign per development. When used as a free standing sign, such sign shall not exceed eight (8) feet in height. Any such signs must be removed within ten (10) days of completion of the project.
   (c)    Traffic Signs and other signs established by, or by order of, any authorized governmental agency. Such signs shall be permitted in the public right-of-way.
   (d)    Memorial Signs or Tablets, containing the name of the building and the date of erection when built into the walls of the building and constructed of bronze, brass, marble, stone or other noncombustible materials.
(e)    Parking Lot Identification Signs, provided that area has a capacity of six (6) or more cars. Each entrance and exit shall be permitted one sign designating such, and each sign shall not exceed two (2) square feet in area. In addition, one (1) sign for each twenty-five (25) parking spaces, not to exceed nine (9) square feet in area, shall be permitted for the purpose of identifying or designating the use of conditions of such parking area.
   (f)    Political Signs. Such signs may not be erected prior to sixty (60) days before the applicable election, and shall be removed not later than seven (7) days after the election. Political Signs in residential districts may be no closer than five (5) feet from any street or road pavement.
   (g)    Yard or Garage Sale Signs, provided such signs are less than four (4) square feet in area, and are in place only on the day(s) of the sale.
   (h)    Signs Promoting Events of Public Interest, such as a county fair, auction, real estate open house, or church event. Only one (1) such sign shall be permitted, and shall be limited to twenty-four (24) square feet in area and must be located on the site of the event. Such sign may be in place up to thirty (30) days, and must be removed upon completion of the event. Additionally, traffic directional signs, showing only an arrow and the name of the event shall be permitted. Such signs shall be limited to three (3) square feet in area, may be erected no more than five (5) days prior to the event and must be removed immediately upon completion of the event.
    (i)    Nameplates, not to exceed two (2) square feet in area, indicating name and/or address of the occupant for each dwelling unit of a single-family or row-house structure. Such signs are not permitted if a sign indicating a home occupation is present.
   (j)    Window signs, provided such signage does not occupy more than sixty (60) percent of the available window space.
   (k)    Flags, pennants, insignia, signs of the United States, the State of Ohio, the City, or any educational or religious organization.
      (Ord. 113-9. Passed 1-17-94.)

1134.06 PERMIT PROCESS.

    (a)    Except for those signs permitted under Section 1134.05, no sign shall be erected, relocated, converted, enlarged, reconstructed, structurally altered or rearranged without first obtaining a permit from the City.
   (b)    Application for the permit shall be made in writing upon a form furnished by the City. Accompanying such application shall be a site plan, showing the location and orientation of said sign; a drawing showing the dimensions and general appearance; wind load calculations certified by a registered engineer attesting to the stability and safety of the anchorage of the sign (this applies only to all pole signs as well as any other sign that exceeds forty (40) square feet in area); and the permit fee as established by City Council.
   (c)    If the sign is to be illuminated, certification that the sign is in compliance with the National Electric Code shall also be submitted with the application.
   (d)    Any permit issued shall expire ninety (90) days after the date of its issuance. If the work permitted under this permit is not complete, all work must stop and a new permit must be obtained.
   (e)    The Administrative Officer is hereby authorized to revoke any sign permit issued upon failure of the permit holder to comply with the terms under which the permit was issued.
(Ord. 113-9. Passed 1-17-94.)

1134.07 MAINTENANCE.

   (a)    All signs shall be kept in a safe condition and in good order and repair at all times, so as to not constitute a danger or hazard to public safety.
   (b)    Ground and pole signs shall be landscaped, if feasible, and maintained so as to prevent the accumulation of noxious and unsightly weeds, growth and debris which would detract from the appearance of the sign or sign structure.
(Ord. 113-9. Passed 1-17-94.)

1134.08 UNSAFE OR UNLAWFUL SIGNS.

   (a)    If the Administrative Officer finds that a sign is unsafe and a hazard to the public, in poor repair or has been erected or maintained in violation of these regulations, he shall give written notice to the owner or person controlling the property containing the sign. Said notice will explain the violation and order corrective action to be taken within ten (10) days of receipt of the notice.
   (b)    If the sign is not removed or altered so as to comply with the order, the Administrative Officer may have the sign removed or altered at the owner's expense so as to create compliance. The Administrative Officer shall not issue any further permits to the owner or person controlling the property involved until the costs assessed have been paid.
   (c)    If, in the Administrative Officer's opinion, a sign is in such condition that it creates an immediate peril to persons or property, the Administrative officer may cause the removal or repair summarily without notice. The owner or person controlling the property thereon shall be responsible for any costs involved.
   (d)    Nothing in this section shall prohibit the application of Section of 1113.06 for addressing violations to this code.
(Ord. 113-9. Passed 1-17-94.)

1134.09 REMOVAL OF OBSOLETE SIGNS.

   An on-site sign which no longer advertises a bona-fide business conducted, or a product sold, shall be taken down and removed. The Administrative Officer, upon discovery of such a situation, shall order in writing the owner or person controlling the property to remove such sign within thirty (30) days of receipt of the notice. If the order is not complied, the Administrative Officer may have the sign and supporting structure removed, and all costs associated with this action shall be charged to the owner of the property.
(Ord. 113-9. Passed 1-17-94.)

APPENDIX A - ON SITE BUSINESS SIGNS ADDITIONAL REGULATIONS

 

TYPE OF SIGN

PERMITTED DISTRICTS
MAXIMUM HEIGHT ABOVE GRADE

MAXIMUM AREA
PER SIGN FACE


OTHER
Pole Sign
GB, HB, LM, GM
35 feet (110 feet in HB districts within 500 feet of U.S. 23)
1 square foot for each foot of street frontage, or 200 square feet, whichever is less.
• Up to 30% of the sign area may be reader board.
• Maximum of one sign allowed per lot or premises.
Ground Signs
R-2, R-3 (Special Uses only), LB, CB (Upon approval of the Planning Commission) HB, RB, O-1, LM, GM
10 feet
1 square foot for each 2 feet of street frontage, or 100 square feet, whichever is less.
• Up to 30% of the sign area may be reader board.
• Maximum of one sign allowed per lot or premises.
 
Wall Signs
R-2, R-3 (Special Uses only), LB, CB, HB, RB, O-1, LM., GM
No higher than roof or parapet line
Total of all wall signs not to exceed one square foot for each foot of wall width. (Maximum area allowed may be increased by 10% for each additional 50 feet of building setback above the required minimum front yard.)
• Sign or individual letters may not extend more than nine inches from face of building.
Projecting Signs
CB
No higher than roof or parapet line
1 square foot for each 4 feet of wall width, or 15 square feet, whichever is less.
• Building must have a minimum wall width of 40 feet.
• Sign may not extend more than 3 feet from face of building.
• Sign may intrude airspace above public right of way, but may not interfere with line-of-sight or be over any roadway pavement.
• Bottom of sign must be at least 8 feet above grade.
Arcade Signs
CB, HB
N/A
3 square feet
• Canopy must be structurally capable of supporting weight of a sign.
• Sign shall be no greater than 4 feet in width and 8 inches in depth.
• Bottom of sign must be at least 8 feet above grade.
 

APPENDIX B CITY OF UPPER SANDUSKY APPLICATION FOR SIGN PERMIT

 
No.:                            
                     
                     Date:                             
Name of Property Owner:                                                                  
Address:                                                                                          
Name of Sign Erector:                                                                        
Address:                                                                                          
Location of Sign:
Street:                                                                                               
Height of Sign:                                        Area of Display:                        
Zoning of Property:                                                                               
THE FOLLOWING SUBMITTALS ARE ATTACHED (please check space):
                     Site Plan
                     Drawing of Sign
                     Registered Engineer's Certification (if applicable)
                     Certification of compliance with Electrical Code (if applicable)
   
Applicant:                                                                   
(signature)
-----------------------------------------------------------------------------------------------------------
Permit fee:                          
Application for permit is:                     Approved                   Denied
Reason for Denial:                                                                                   
                                                                                                             
                                                                                                             
                                                      
Administrative Officer

1135.01 BUILDINGS.

   (a)    The lawful use of any building which does not conform to these regulations, whether by original adoption or by subsequent amendment, may be continued after such adoption or amendment, under the conditions herein specified.
   (b)    The addition to, enlargement or expansion of any such nonconforming building may be permitted, provided such addition, enlargement or expansion complies with all height, area, parking setback and other requirements of the district in which it is located, and that total aggregate floor area of such additions does not exceed twenty percent (20%) of the floor area in such building at the time it became nonconforming.
   (c)    A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be restored and the same use and occupancy continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion. Any lot whose buildings are destroyed beyond ninety percent (90%) of their total value, shall not be restored to its original use and the land use by such buildings shall thereafter be used in conformance with the district regulations.
   (d)    The use of a nonconforming building may be changed to a use of the same or more restricted classification but shall not thereafter be changed back to a less restrictive use.
   (e)    A nonconforming building, or portion thereof, which is or hereafter remains vacant and unoccupied for a period of two years or more, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(Ord. 113-9. Passed 1-17-94.)

1135.02 ABANDONED SERVICE STATIONS.

   (a)    If any service station shall become abandoned, such service station shall be presumed to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated. "Abandoned" is defined as a failure to operate such service station for a period of one year.
   (b)    Whenever the Administrative Officer finds any service station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his last known address, or to the address to which tax bills are sent or by a combination of the foregoing methods, to abate such abandoned condition within one hundred and eighty (180) days either by placing the station in operation in accordance with the Zoning Ordinance, adapting and using the building for another permitted business use or by removing the pumps and signs, abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix "C" to N.F.P.A. No. 30 under the supervision of the City and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provisions of this section shall not apply, and provided further, that if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.
   Upon failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Administrative Officer shall take such action as may be necessary to abate such nuisance.
   (c)    Inoperative service stations which do not come within the definition of abandoned service station shall be maintained in accordance with the provisions of this Ordinance and the owner shall cut all grass and remove all rubbish and woods from the premises. The parking of motor vehicles upon such premises shall be prohibited and the owner shall place in the window of such service station a sign of at least ten square feet in area notifying the public of this fact. Notwithstanding any other provision of this Ordinance, if the Administrative Officer shall find that such notice is not complied with by the public, he may order the owner of the premises on which any station is inoperative for more than six months to install fencing or barricades which will be sufficient to block motor vehicle access to such property.
(Ord. 113-9. Passed 1-17-94.)

1135.03 USE OF THE LAND.

   (a)    A nonconforming use of open land, where no primary building is involved, shall not be expanded or extended into any other part of the lot or adjoining property, nor shall the use be changed except to a conforming use.
   (b)    A nonconforming use of land, where principal buildings are involved, shall not be expanded or extended into any other portion of the lot or any adjacent lot, and use of such land that exists at the time of adoption of this Ordinance and any subsequent amendment may be changed only as specified for changes in use of nonconforming buildings as specified in Section 1135.01, provided such change in use is due to a change in use of the principal building.
(Ord. 113-9. Passed 1-17-94.)

1135.04 SPECIAL USES.

   Any use herein shown as a special use in the district use regulations shall be considered nonconforming uses in the same manner as other uses specified in Sections 1135.01 and 1135.03, and shall be legal uses, and may be expanded only after approval of such expansion as a special use under the terms of this Zoning Ordinance.
(Ord. 113-9. Passed 1-17-94.)

1135.05 NONCONFORMING STANDARDS OF CONFORMING OR NONCONFORMING USES.

   Any uses, whether conforming as to use regulations or not, that do not conform to the regulations herein pertaining to yard requirements, lot requirements, off-street parking, height regulations and other regulations, shall be permitted to continue under such nonconforming conditions, except that any enlargement, change of use or addition shall not cause the aggregate use to violate the provisions of the Zoning Ordinance beyond such existing nonconformance which exists at the time of adoption of the Ordinance or any subsequent amendment.
(Ord. 113-9. Passed 1-17-94.)

1135.06 LOT AREA, WIDTH AND DEPTH.

   Any lot of record, existing at the time of adoption of the Zoning Ordinance, or any subsequent amendment, where the required lot area, width and depth do not meet the regulations herein, may be used for residential purposes, provided that yard, coverage and other requirements are met, and provided that any contiguous land in common ownership be required to be used to meet the district lot area, width and depth requirements and that no portion of such be transferred to other ownership, if such transfer reduces the lot below the minimum requirements set forth in this Ordinance.
(Ord. 113-9. Passed 1-17-94.)

1136.01 INTENT AND PURPOSE.

   The intent of this chapter is to establish minimum standards to improve the appearance of parking facilities; to promote the aesthetic character of the community; and to protect the health, safety, and welfare of the community through the reduction of noise, air, and visual pollution and headlight glare.
(Ord. 113-9. Passed 1-17-94.)

1136.02 PARKING FACILITIES LANDSCAPING.

   (a)    Landscaping as regulated herein shall be required in all new building development and construction in any Highway Business, Recreation Business, Office, or Public Facilities Districts.
   (b)    A minimum landscape area of six (6) feet in width shall be required along any public right-of-way, and such area shall not encroach said right-of-way. Any such area adjacent to a parking facility shall contain a three (3) foot average height of continuous planting, hedge or earth mound.
   (c)    In addition, any access way or main drive into the parking facility shall be denoted by a landscaped area on either side of the access way or drive. Each such landscaped area shall be at least three (3) feet in width and ten (10) feet in length and shall contain at least one (1) tree as well as annual or perennial flowering plants.
   (d)    When the parking facility contains spaces for twenty (20) or more vehicles, there shall be a landscaping area at each end of each row of parking spaces. Each such landscaping area shall be at least fifteen (15) square feet in area and shall contain at least one (1) deciduous tree.
(Ord. 113-9. Passed 1-17-94.)

1136.03 PERIMETER LANDSCAPING.

   (a)    When Required.
      (1)   Landscaping as regulated herein shall be required in all new building development and construction in any business, office, manufacturing, or public facilities district.
      (2)    Such landscaping shall also be required when substantial additions to an existing building or parking facility are made. "Substantial additions" means an increase in size of the structure or parking facility in relation to the size of the existing structure or facility per the following table:
 
When Existing       "Substantial Increase"
Structure Or          Is An Addition
Facility Is . . .         Of . . .
0 - 1,000 Sq. Ft.       50% Or Greater
1,001 - 10,000 Sq. Ft.   40% Or Greater
10,001 - 25,000 Sq. Ft.   30% Or Greater
25,001 - 50,000 Sq. Ft.    20% Or Greater
50,000+ Sq. Ft.       10% Or Greater
   (b)    Location and Design. A landscape area shall be required along any property line abutting a Residential District. Such landscaping areas shall be at least ten (10) feet in width and outside any public Right-of-Way. Plantings within this area are to provide a minimum of 40% winter opacity and a 70% summer opacity within four (4) years after installation. Evergreen trees shall be utilized and shall have a maximum spacing of fifteen (15) feet on center. If deciduous trees are also used, they shall have a maximum spacing of forty (40) feet on center and must be planted in conjunction with evergreen hedges with maximum spacing of three (3) feet on center.
   (c)    Exceptions. When such landscaping area abuts a public right-of-way, railroad right-of-way, or major body of water (excluding farm ponds and very small streams), these planting requirements shall be reduced to only require that trees are to be planted at a maximum spacing of forty (40) feet on center.
(Ord. 113-9. Passed 1-17-94.)
 

1136.04 PLANTING MATERIALS.

   (a)    Plant materials used in conformance with the provisions of these regulations shall conform to the standards of the American Association of Nurserymen. Bare root plants, with the exception of vines, shall be prohibited.
   (b)    All plants are to be living and be acceptable to the Hardiness Zones applicable to the Upper Sandusky area.
   (c)    Deciduous trees used shall be of species having an average mature crown spread greater than fifteen (15) feet in northwestern Ohio. When used in areas requiring visibility, only those species which also have trunks which can be maintained with over six (6) feet of clear wood may be used. A minimum caliper (measured six (6) inches above the ground) of at least two and one-half (2 1/2) inches at the time of installation shall be required.
   Trees of species whose roots are known to cause damage to public roadways or other works shall not be planted closer than fifteen (15) feet to such public works, unless the tree root system is completely contained within a barrier. The barrier should have a minimum interior being five (5) feet square and five (5) feet deep and for which the construction requirements shall be four (4) inches thick reinforced concrete. (A listing of acceptable deciduous trees can be found in the Appendix following this chapter.)
   (d)    Evergreen trees used shall be a minimum of six (6) feet in height with a minimum caliper of two inches at the time of installation.
   (e)    Shrubs and hedges used shall be at least two (2) feet in average height when planted.
   (f)    Grass or ground cover shall be planted on all portions of a landscaping area not occupied by other landscape material. Grass of the fescue or bluegrass family shall be planted in species normally grown as permanent lawns in Northern Ohio. They may be sodded or seeded, except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used.
(Ord. 113-9. Passed 1-17-94.)

1136.05 LANDSCAPE PLAN SUBMISSION.

   (a)    A landscape plan illustrating fulfillment of these requirements shall be submitted to and approved by the Planning Commission prior to the issuance of any zoning permits. Whenever issuance of a zoning permit requires prior approval of a site plan by the Planning Commission, the requirements of these regulations shall be included on such site plan.
   (b)    The contents of the plan shall include the following:
      (1)   Plot plan, drawn to an easily readable scale no smaller than one inch equals fifty feet, showing and labeling by name and dimensions all existing and proposed: property lines; easements; buildings and other structures; parking facilities, including parking stalls, driveways, service areas, square footage, etc.; locations of structures of adjoining parcels where deemed necessary by the Planning Commission; water outlets; landscape material, including botanical name and common name, installation size, probable mature size, on center planting dimensions (where applicable), and quantities for all plants used; and all existing trees.
      (2)    Title block with pertinent names and addresses, property owner, person drawing plan, scale, date, north arrow, and zoning district.
         (Ord. 113-9. Passed 1-17-94.)

1136.06 MAINTENANCE AND INSTALLATION.

   (a)    All landscaping materials shall be installed in a sound, workmanship-like manner and according to accepted, good construction and planting procedure. The owner of the property shall be responsible for the continued maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year or by the next planting period, whichever comes first, while other defective landscape material shall be replaced or repaired within three (3) months.
(Ord. 113-9. Passed 1-17-94.)
   (b)   (EDITOR’S NOTE: Former subsection (b) was repealed by Ordinance 117-13, passed August 16, 2021.)

APPENDIX A RECOMMENDED AND UNDESIRABLE DECIDUOUS TREES

I.    Recommended Deciduous Trees.
   The following section is designed to encourage an imaginative selection of landscape trees. Careful selection will prevent an over-dependence on a few species. This compilation will be useful to residents, nurserymen, horticulturists, landscapers, developers and landscape architects. Planting and maintaining a diverse urban forest is the goal of Upper Sandusky's tree programs. Therefore, the following table is to be used as a guide rather than a mandatory planting list.
   The list is divided into three size categories: Large trees which mature at a height of fifty (50) feet or more (Group A); medium trees reaching a mature height between thirty (30) and fifty (50) feet (Group B); and smal trees which range from ten (10) to thirty (30) feet at maturity (Group C). Tree lawn sizes must accommodate the tree size planted: Group A, greater than seven (7) feet; Group B, four (4) to seven (7) feet and Group C, three (3) to four (4) feet. Use under utility lines is limited to small trees, although medium trees may be planted as close as ten ( 10) later feet to utility lines.
   The approximate mature height and diameter of each tree's crown are given.
   Trees are alphabetized by their scientific name with the common name given. Cultivars best suited to Northern Ohio are also provided. An asterisked (*) entry indicates a tree which is unsuitable for planting within fifteen (15) later feet of a sidewalk or bikeway.
   Habit refers to the three-dimensional form of the tree. Five (5) general terms describe the characteristic shape of the trees:
GLOBULAR    OVOID    CONICAL    OBOVOID    IRREGULAR
   The tolerance category presents information from various sources. The tree's relative tolerance to insects, diseases, pollution and soil conditions are signified by either a "Y" meaning yes, it is tolerant; "N", meaning no, it is not tolerant; or "--", meaning no information is available from these sources.
   The comments pertain to any other notable character of the tree.
GROUP A
LARGE DECIDUOUS TREES - 50 FEET OR GREATER
COMMON NAME
TOLERANCE

COMMENTS
(Scientific Name) “Cultivar”
Height
(ft.)
Spread
(ft.)
Habit
Insect/
Disease
Pollution
Dry Soil
Damp Soil
Norway Maple
Acer plantanoides
“Cleveland”
“Emerald Queen”
“Summer Shade”
40-50
40-50
globular
N
Y
Y
Y
Dense shade and shallow roots inhibit turf.
Red Maple
Acer Rubrum
“Autumn Flame”
“October Glory”
“Red Sunset”
40-60
40-50
ovoid to
globular
Y
N
N
Y
Suffers in urban environment; Outstanding fall color.
Sugar Maple
Acer saccharum
“Green Mountain”
60-75
50-60
ovoid to
globular
Y
N
N
N
Attractive fall color.
Sugar Hackberry
Celtis laevigata
60-80
50-60
globular
Y
Y
Y
Y
Smooth bark.
White Ash
Fraxinus americana
“Autumn Purple”
50-80
40-70
irregular to globular
N
N
Y
Beautiful fall color.
Green Ash
Fraxinus pennsylvanica
“Marshall’s Seedless”
“Summit”
50-60
30-40
irregular to globular
N
Y
Y
Beautiful fall color.
 
 
COMMON NAME
TOLERANCE
          COMMENTS
(Scientific Name)
“Cultivar”
Height (ft.)
Spread (ft.)
Habit
Insect/ Disease
Pollution
Dry Soil
Damp Soil
Autumn Gold Ginkgo
    
Ginkgo biloba
   
Autumn Gold” (male
only)
50-80
30-60
conical to globular
Y
Y
Y
Y
A male variety which does not fruit.
Kentucky Coffee Tree* Gymnocladus dioicus
60-75
40-50
irregular to globular
Y
Y
Y
N
Fruit may be objectionable, coarse texture.
Sweetgum
   
Liquidambar
styraciflua
60-75
40-50
conical to globular
Y
N
N
Y
Messy star-shaped fruit.
Red Oak
  
Quercus tube’s
60-75
40-50
ovoid to
globular
Y
Y
Y
Y
Russet-red fall color.
Redmond Linden
   
Tilia americana
40-50
25-30
ovoid
N
Y
Y
Y
Japanese beetles may attack foliage.
 
GROUP B
MEDIUM DECIDUOUS TREES - 30 -50 FEET
COMMON NAME
TOLERANCE
          COMMENTS
(Scientific Name)
“Cultivar”
Height (ft.)
Spread (ft.)
Habit
Insect/ Disease
Pollution
Dry Soil
Damp Soil
Thornless Honeylocust
Gleditsia Triacanthos
“Imperial”
“Moraine”
“Shade Master”
“Skyline”
35-50
20-35
irregular to globular
N
Y
Y
Y
Over planted, use moderately; delicate form.
Goldenraintree
Koelreuteria paniculata
30-40
30-50
globular
Y
Y
Y
Y
Coarse texture.
American Hophornbeam
Ostrya virginiana
25-40
20-35
conical
Y
--
Y
Y
Transplant in spring.
Amur Cork Tree
Phellodendron amurense
30-45
30-50
obovoid
Y
Y
Y
Y
Broad-spreading.
Callery Pear
Pyrus calleryana
“Aristocrat”
“Chanticleer”
“Red Spire”
30-50
20-35
conical to ovoid
Y
Y
Y
Y
Commonly planted “Bradford” exhibits poor branch structure leading to splitting.
GROUP C
SMALL DECIDUOUS TREES - 10-30 FEET
COMMON NAME
TOLERANCE
          COMMENTS
(Scientific Name)
“Cultivar”
Height (ft.)
Spread (ft.)
Habit
Insect/ Disease
Pollution
Dry Soil
Damp Soil
Trident Maple
Acer Buerqerianum
20-30
20-25
globular
Y
Y
Y
N
Dark green leaf.
Amur Maple
Acer ginnala
15-20
10-20
obovoid to
globular
Y
Y
Y
Y
Grown multi-stemmed or as a single trunk.
Paperbark Maple
Acer griseum
20-30
10-30
globular to
ovovoid
Y
--
N
Y
Unequaled bronze, exfoliating bark.
Serviceberry
Amelachier arborea
15-25
7-10
obovoid
Y
N
Y
Y
Early white flowers; delicate form; single or multi- stemmed.
Fringe Tree
Chionanthus virginicus
10-20
10-20
obovoid
Y
Y
Y
Y
Fragrant, white flowers; lovely tree when single stemmed
Thornless Cockspur Hawthorn *
Crataegus crusqalti
var. inermis
“Crusader”
20-30
20-35
globular
N
Y
Y
Y
Most Cockspurs are dangerous, however, this one lacks thorns.
Dotted Hawthorn *
Crataegus punctata
“Ohio Pioneer”
25-30
25-35
globular
N
Y
Y
Y
Few thorns; attractive bark; large 1" fruit.
Winter King Hawthorn*
 
Crataegus viridis
“Winter King”
25-35
25-35
globular
N
Y
Y
Y
Few thorns; fruit persists into winter; attractive bark.
 
 
COMMON NAME
TOLERANCE
         COMMENTS
(Scientific Name)
“Cultivar”
Height
(ft.)
Spread
(ft.)
Habit
Insect/
Disease
Pollution
Dry Soil
Damp Soil
Japanese Tree Lilac
Syringa reticulata
“Ivory Silk”
20-30
15-25
obovoid
Y
Y
Y
Y
Flowers in June.
Blackhaw Viburnum *
Viburnum prunifolium
12-15
8-12
globular
Y
Y
Y
Y
Blue-black fruit; prune to a tree.
Crabapple
Malus
“Adams”
“Spring Snow”
20-25
20-25
   
globular
obovoid
Y
Y
 
Y
 
Reddish pink flowers; red fruit;
White flowers; fruitless.
 
II. UNDESIRABLE DECIDUOUS TREES.
   The following deciduous trees are not recommended for tree planting in Upper Sandusky. They are undesirable for a variety of reasons, including weak wood, subject to disease or insect pests, messy flowers or fruit, roots clogging sewer systems and/or high maintenance. Under NO circumstances shall any of these trees be planted within the public right-of-way.
 
Apple             Moline Elm
Black Locust          Mulberry
Black Walnut          Osage Orange
Box Elder          Poplars
Catalpa          Siberian Elm
Cottonwood          Silver Maple
European Mountain Ash    Tree of Heaven
Ginkgo (Female)       Tulip Tree
Honey Locust (seed      Willows
bearing varieties)      
Horse Chestnut
(Ord. 113-9. Passed 1-17-94; Ord. 125-10. Passed 7-17-00.)

1137.01 SATELLITE DISH DEFINED.

   Satellite Dish means an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit, also called a dish type satellite signal-receiving earth station antenna.
(Ord. 113-9. Passed 1-17-94.)

1137.02 PERMIT REQUIRED.

   No person, firm, or corporation shall erect a dish type earth station in the City without first securing a permit in accordance with the provisions of this chapter.
(Ord. 113-9. Passed 1-17-94.)

1137.03 APPLICATION FOR PERMIT; FEE; INSPECTION.

   Any person who desires to construct or erect a dish type earth station antenna shall apply to the Administrative Officer for the permit required by Section 1137.02. A part owner, occupant or renter shall have written consent from the owner of any lot, premises or parcel of land within the Municipality to erect such antenna. The fee for this permit shall be as established by City Council payable at the time of application. The location of the satellite dish shall be submitted on a drawing showing location of lot lines and existing structures and proposed site of the satellite dish with the application and fee for the permit. This shall be subject to the inspection and approval of the Administrative Officer.
(Ord. 113-9. Passed 1-17-94.)

1137.04 PERMIT VALIDITY.

   The permit shall expire and construction must be completed within thirty days of issuance of the permit.
(Ord. 113-9. Passed 1-17-94.)

1137.05 LOCATION.

   A satellite dish shall be located in the rear or side yard only. The dish must be at least ten feet from the closest edge of the satellite dish to any lot line. Satellite dishes measuring over forty- two inches in width shall not be mounted on the roof of any residence. No earth station shall be linked to any receivers which are not located on the same lot or premises as the earth station antenna.
(Ord. 98-10. Passed 8-16-99.)

1137.06 HEIGHT.

   The maximum height for a ground installation satellite dish antenna shall be ten (10) feet above natural grade level. The maximum height for a satellite dish attached to a building shall be that the top of the dish shall be no more that eight (8) feet above the highest point of the roof.
(Ord. 113-9. Passed 1-17-94.)

1137.07 PORTABLE UNITS.

   Any portable trailer unit satellite dish used for demonstration or rental purposes shall be allowed for no more than seven days.
(Ord. 113-9. Passed 1-17-94.)

1137.08 SCREENING.

   Any permanently-installed satellite dish shall be landscaped or screened so as to not be objectionable from neighboring properties.
(Ord. 113-9. Passed 1-17-94.)

1137.99 PENALTY.

   Any person violating any provision of this chapter shall be subject to Section 1113.99 and shall be fined not more than one hundred dollars ($100.00). Each day a violation occurs or continues shall be considered a separate offense.
(Ord. 113-9. Passed 1-17-94.)
CODIFIED ORDINANCES OF UPPER SANDUSKY