Whitehall City Zoning Code
TITLE FOUR
Generally Applicable Regulations
1110.01 PERMITTED EXCEPTIONS TO DIMENSIONAL STANDARDS.
(a) Exceptions to Building Height Standards. Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy are not included in calculating height and may extend above the height limit. If the projection is not an architectural feature, any applicable enclosures or shielding must be installed.
(b) Permitted Encroachments into Required Setbacks. The following elements may encroach into a required setback:
(1) Fences and walls may encroach into a required setback.
(2) Sidewalks and driveways may encroach into a required setback.
(3) A required buffer yard may encroach into a required setback.
(4) Landscaping may encroach into a required setback.
(5) Building eaves, roof overhangs, gutters, downspouts, light shelves, bay windows and oriels less than ten (10) feet wide, chimneys, flues, cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to three (3) feet into a required setback, provided that such extension is at least two (2) feet from the vertical plane of any lot line.
(6) Unenclosed patios, decks, terraces or porte-cochère may encroach into a side interior or rear setback, provided that such extension is at least three (3) feet from the vertical plane of any lot line.
(7) An awning, canopy or gallery may encroach into a front or side street setback provided that such extension is at least one (1) foot from the vertical plane of any lot line.
(8) Front porches may encroach into a front setback provided that such encroachment is no greater than ten (10) feet from the front building facade, and no closer than five (5) feet from the vertical plane of any lot line.
(9) Sheds in the Residential districts may encroach into the rear setback provided that such structure is at least five (5) feet from the vertical plans of any lot line.
(Ord. 081-2023. Passed 10-3-23.)
1110.02 BUILDING MATERIALS.
(a) Prohibited Exterior Materials. Exterior walls of any proposed new buildings or proposed additions or alterations to existing buildings shall not include exposed concrete masonry units above the ground floor level for elevations that face a non-alley public right-of-way.
(Ord. 081-2023. Passed 10-3-23.)
1110.03 EXTERIOR ARCHITECTURE.
(a) The exterior construction, architecture and functional plan of all buildings erected, converted or reconstructed shall be designed to improve the appearance of the immediate surroundings considering architectural appeal of the adjoining buildings and shall not cause any substantial depreciation in property value of such adjoining buildings.
(b) The color requirements for all buildings within the corridor districts, which include Section 1104.02
- (BRD) Broad Street District, Section 1104.03- (MAIN) Main Street District, Section 1104.04
- (SH) South Hamilton District, Section 1104.05
- (YEAR) Yearling Road District, and Section 1104.06
- (CCD) Community Crossroads District are as follows:
(1) The use of warm and darker tones with low reflectivity is recommended. Accent and trim colors must complement and enhance the effect of the primary building color. Bold, brash, intense, bright, fluorescent, black or metallic accent colors are prohibited unless approved by the City in very limited application. (Corporate colors typically used by a building owner on the exterior of a structure are limited to trim areas only.)
(2) The use of any strong or intense color is limited to signage only.
(3) Do not use bright colors, (including bright white) that may streak, fade or generate glare. While subdued or muted colors generally work best as a dominant, overall color, a brighter color can also be appropriate for accent elements, such as door and window frames, and architectural details.
A. Choose color palettes for new buildings that are compatible with the colors of adjacent structures.
B. Minimize the number of colors appearing on a structures exterior.
C. Paint architectural detailing to complement the facade and coordinate with adjacent buildings.
D. Roof colors shall be muted and compatible with the dominant building color.
(c) The color regulations in this ordinance replace any color regulations mandated elsewhere in the Codified Ordinances or in any Development Standards for the City of Whitehall.
(d) In districts which include Section 1104.02
- (BRD) Broad Street District, Section 1104.03
- (MAIN) Main Street District, Section 1104.04
- (SH) South Hamilton District, Section 1104.05
- (YEAR) Yearling Road District, and Section 1104.06
- (CCD) Community Crossroads District, rolling doors, security bars, and/or security gates, etc., are prohibited.
(Ord. 081-2023. Passed 10-3-23.)
1111.01 PARKING SPACE COUNT.
(a) The minimum number of provided parking spaces shall be provided per the table below:
TABLE 1111.01 MINIMUM PARKING SPACES | ||
PARKING | ALL DISTRICTS | MAX. CAPACITY |
Residential uses | 1 space per unit | Parking spaces shall not exceed 90% of the maximum per-person capacity of the building or site. |
Commercial Uses (including Office Uses) | 0.5 spaces per person at full capacity; or 1 space per 500 GFA, whichever is less | |
Industrial Uses | 1 space per anticipated employee | |
Mixed-Use Building | 1 space per 600 GFA | |
Public Uses | Decided per administrative approval | |
(Ord. 081-2023. Passed 10-3-23.)
1111.02 PICK-UP AND DROP-OFF PARKING SPACES.
(a) Any use which provides delivery or pick-up of goods or services, or fulfillment of online orders, must designate at least one (1) pick-up/drop-off parking space.
(b) Where it is anticipated that fifty percent (50%) or more of sales will be generated from pick-up orders, delivery, or the fulfillment of online orders, an additional three (3) pick-up and drop-off spaces must be designated.
(c) Pick-up and drop-off parking spaces shall be counted within the minimum required parking and must be striped with a different color than other parking spaces, and must be clearly signed and striped to state that they shall be used only for pick-up/drop-off activity. Rideshare vehicles may also utilize pick-up/drop-off parking spaces.
(d) Pick-up and drop-off spaces shall be the closest parking spaces to the building entrance with the exception of parking spaces for disabled persons.
(Ord. 081-2023. Passed 10-3-23.)
1111.03 PARKING SPACE DIMENSIONS,
(a) Parking spaces shall be a minimum of eight (8) feet in width and sixteen (16) feet in length. (Ord. 081-2023. Passed 10-3-23.)
1111.04 SHARED PARKING SPACES.
(a) Nothing in this chapter shall be construed to prevent the joint use of off-street parking for two (2) or more buildings or uses on the same parcel of land if the total of such spaces, when used together, is not less than the sum of the requirements for the individual uses computed separately.
(b) For mixed-use buildings containing both residential and commercial uses, the Director of Public Service may permit a reduction of the combined parking requirement by up to twenty-five percent (25%) where the property owner provides written evidence, such as a lease or condominium bylaws, which limits the hours of operation of individual tenants to ensure that peak parking demands do not exceed the number of parking spaces present.
(c) Public on-street parking directly in front of a property's lot line may be calculated toward the minimum required parking spaces.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1111.05 LOCATION OF PARKING AREAS.
(a) 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.
(1) This provision does not apply to both frontages of through-lots, however, the applicant must demonstrate that as much of the required parking as possible is being located as far as possible from thoroughfares.
(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.
(d) Parking may be located off-site as long as it is within 500 feet of an entrance to the building or site and connected by a paved pedestrian walkway.
(1) If the off-site parking is not under common ownership with the property for which the parking is provided, then a legal covenant permitting the use of the off-site parking shall be provided to the City.
(e) Any parking area must comply with the required applicable parking setback standards within Title Two - Districts.
(Ord. 081-2023. Passed 10-3-23.)
1111.06 PEDESTRIAN WALKWAYS.
(a) 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 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 construct- ed so that its elevation is at least four (4) 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 (4) inches of height can be installed in the vehicle use lane exactly two feet in advance of the pedestrian walkway. (Ord. 081-2023. Passed 10-3-23.)
1111.07 PARKING AREA SURFACES.
(a) 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.
(b) The total of all impervious surfaces, which includes the house, garage, shed, patios, accessory structures and driveways, shall not exceed fifty percent (50%) of the lot area of the property if the lot is under 7,500 square feet. If the lot is more than 7,500 square feet, the total of all impervious surfaces, shall not exceed 4,500 square feet of the lot coverage on the premises.
(c) No vehicle may be parked in a yard or grassy area.
(d) Commercial Vehicles. Not more than one (1) truck limited to being a two-axle, four-tired pickup, panel or light truck and which has operating characteristics similar to those of a passenger car shall be allowed per one (1) dwelling unit.
(Ord. 081-2023. Passed 10-3-23.)
1111.08 ADA PARKING REQUIREMENTS.
(a) Nothing in this Zoning Code shall be construed to conflict with the regulations set forth by the Americans with Disabilities Act.
(b) Parking spaces designated and designed for people with disabilities shall be compliant 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/.
(c) All such spaces shall be designated by free-standing signs pursuant to the Ohio Secretary of State guidelines.
(Ord. 081-2023. Passed 10-3-23.)
1111.09 PARKING LOT LANDSCAPING.
(a) Applicability. All off-street surface parking lots shall comply with the requirements of this section.
(b) Minimum Required Landscaping Area. The minimum total of landscaped area in the form of islands, peninsulas, medians, or other planted space shall be ten (10) square feet per parking space.
(c) Design of Parking Lot Landscaping.
(1) Landscaping areas shall consist of grass or other living ground cover, deciduous and/or evergreen trees and/or shrubs.
(2) Landscaped areas shall be curbed to protect the areas from vehicular intrusion.
(3) The minimum landscaped area of any island, peninsula or median shall be 128 square feet with a minimum planting width of eight (8) feet.
(4) All required landscaped areas shall be more or less evenly distributed throughout, but the distribution may be adjusted to accommodate existing trees or other natural features.
(5) Parking lots with forty (40) spaces or more shall be designed as a series of smaller units no more than five (5) parking spaces wide, separated by a landscaped island, peninsula or median with at least one (1) tree.
(6) A landscaped screening area that is a minimum of five (5) feet in width shall be provided along any side or rear lot line that a parking lot abuts. Screening shall consist of continuous walls, fences, natural vegetation, earth mound or acceptable combination of these elements, provided that screening must be at least six (6) feet high and located not less than three (3) feet from the property line. Fences or walls shall be located not less than twelve (12) inches from the property line.
(7) Natural vegetation shall have a minimum opaqueness of seventy-five percent (75%) during full foliage when viewed from two (2) to five (5) feet from the ground. Full opaqueness shall be achieved not more than three (3) years from planting.
(8) The use of year-round vegetation, such as coniferous evergreens, is encouraged.
(d) Tree standards for parking lot landscaping.
(1) The minimum number of trees shall be one per seventy-five (75) square feet of required parking lot landscaping area. Trees that are part of a required or provided buffer yard may count towards meeting this minimum.
(2) Each row of ten (10) or more parking spaces shall be bookended by a landscaping area with a tree.
(3) The minimum trunk diameter of any new tree shall be two and one-half (2 ½) inches.
(4) Trees shall be located at least four (4) feet from any pavement edge and shall have a clear trunk space of at least four (4) feet above the ground.
(e) Vehicle Overhangs. Parked vehicles may hang over a landscaped area up to two (2) feet. Wheel stops shall be provided to ensure no greater overhang. Where parked vehicles will overhang, a three (3) foot minimum clearance shall be provided from the edge of pavement to all trees and shrubs.
(Ord. 081-2023. Passed 10-3-23.)
1111.10 DRIVE-THRU STANDARDS.
(a) Drive-throughs are permitted only within specific zoning districts as specified in Article 1108 - Comprehensive Use Table.
(b) All queuing vehicles shall be located on the lot on which the drive-through services are being provided and shall not interfere with the movement of vehicles or pedestrians on public rights-of-way.
(c) All establishments with drive-throughs must provide a by-pass lane whereby vehicles may exit the lot at any point without proceeding through the drive-through lane.
(d) Menu boards may not flash or have any visible bulbs. All menu boards must be oriented toward the drive-through aisle that they are serving.
(e) Drive-through speakers shall not be audible from adjacent properties. Drive-through speakers shall not emit outdoor music.
(Ord. 081-2023. Passed 10-3-23.)
1111.11 LOADING STANDARDS.
(a) The requirements for commercial off-street loading facilities shall be provided in accordance with the following standards for any new structure which requires the receipt or distribution of materials or merchandise by trucks or similar commercial vehicles.
(1) All required loading berths shall be located on the same lot as the use served.
(2) Loading facilities shall not be located within 200 feet of a residential structure unless the loading facility is being installed within a mixed-use structure.
(3) No permitted or required loading berth shall be located within fifty (50) feet of the nearest point of intersection of any two (2) streets.
(4) All off-street loading berths shall be surfaced with concrete or other appropriate material meeting the durability requirements.
(5) Every building having over 5,000 square feet of gross floor area shall be provided with at least one (1) truck loading and unloading space, not less than twelve (12) feet in width, forty (40) feet in length and with fourteen (14) feet clearance. An additional truck space of these dimensions shall be provided for every additional 20,000 square feet or fraction thereof of gross floor area in the building.
(6) Loading areas may not be located closer to a street or road than the primary structure, with the exception of loading areas on through-lots. Loading areas facing a public street or road on a through-lot must be fully shielded through screening or landscaping.
(7) Access to truck loading and unloading spaces shall be provided directly from a public street or alley or from any right of way that will not interfere with public convenience and that will permit the orderly and safe movement of such trucks.
(8) Loading space as required under this section, shall be provided as an area additional to off- street parking spaces required and shall not be considered as supplying off-street parking space.
(Ord. 081-2023. Passed 10-3-23.)
1111.12 PARKING OF CONSTRUCTION EQUIPMENT PROHIBITED.
(a) No person shall park or store upon a residential parcel, or permit the parking or storage, of any type of equipment which has as its primary function the construction of structures, roads, driveways or trenching, unless the equipment is at the site for immediate use for the purpose intended by the device.
(b) The owner of the land, or the owner of the equipment, or both, may be cited for violation of subsection (a) hereof. Each calendar day shall be deemed a new offense.
(c) As used in this section, "construction equipment" or "construction devices" shall include, but not be limited to, the following:
(1) Rollers, smooth drum or sheep foot. Padded foot trench roller.
(2) Mortar mixers greater than nine (9) cubic feet. Power buggies to deliver mortar or concrete.
(3) Concrete mixers greater than nine (9) cubic feet.
(4) Road graders or front end loaders, grade all, cranes, pile drivers.
(5) Tractor trailers, low boys, tankers and dual axle dump trucks.
(6) Back hoes, ditching machines, fork lifts.
(d) This section may be enforced by any law enforcement official or the Code Enforcement Officer.
(e) Council has determined the storage of construction equipment is a nuisance subject to abatement. A pre-existing condition in place on the effective date of this section shall be remedied to produce full compliance on or before August 31, 1995.
(f) Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. 081-2023. Passed 10-3-23.)
1111.13 LIMITATION OF PARKING IN RESIDENTIAL DISTRICTS.
The provision of parking space, either open or enclosed, for the parking or storage of vehicles in a residential or apartment zoning district shall be subject to the following:
(a) Commercial Vehicles. Not more than one (1) truck limited to being a two (2) axle, four (4) tired pickup, panel or light truck and which has operating characteristics similar to those of a passenger car shall be allowed per one (1) dwelling unit.
(b) Camping Vehicles, Trailers and Motor Homes. A camping vehicle, trailer (boat, horse, cargo or similar use), a camper body removed from a truck, a motor home or similar vehicle may be parked for a period not to exceed seventy-two (72) hours in front of a building line. For longer periods, such equipment shall be stored behind the building line.
No living quarters shall be maintained, nor any business conducted in connection therewith, while such vehicle is stored.
In a residential district where a lot will not allow storage behind the building line, an exception to this requirement may be issued by the Service Director if the abutting property owners have no objections.
(c) Inoperable Automobiles/Junk Vehicles. The parking or storage of junk vehicles shall be regulated as in Chapter 304 of the Traffic Code.
(Ord. 081-2023. Passed 10-3-23.)
1111.14 PARKING OF TRAILERS AND SEMITRAILERS.
(a) Definitions. As used herein, the following terms shall have the meanings respectively ascribed to them:
(1) Trailer. "Trailer" means any vehicle without motive power designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle and includes any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, except a house trailer.
(2) Semitrailer. "Semitrailer" means any vehicle of the trailer type without motive power so designed or used with another and separate motor vehicle that in operation a part of its own weight or that of its load, or both, rests upon and is carried by such other vehicle furnishing the motive power for propelling itself and the vehicle referred to in this subsection and includes any vehicle of the dolly type, such as a trailer dolly, designed or used for the conversion of a semitrailer into a trailer.
(3) Owner. "Owner" means any owner, tenant or person in charge.
(b) Parking in Zoning Districts Prohibited; Exceptions. The parking of trailers and semitrailers in any zoning district is hereby prohibited subject to the following conditions:
(1) Parking on vacant lots. No trailers or semitrailers are permitted to be parked on residential or nonresidential lots or vacant lots within the City unless it is intended for the purposes of unloading or loading them at such location or a location contiguous thereto within a twenty-four (24) hour period next ensuing and permission has been granted by the owner of the lot for such purpose. However, when the trailer is left at a nonresidential lot for the purpose of loading or unloading on a day prior to a weekend or holiday the twenty-four (24) hour period shall not include the nonscheduled work day of such weekend or holiday period. The failure of a person to have written permission of the owner for the specific purpose shall be considered prima-facie evidence of the absence of permission and a violation of this section.
(2) Parking for loading and unloading purposes generally. Trailers or semitrailers that are loading or unloading in nonresidential areas are not permitted to stand or remain on private property where the loading or unloading operation is to be performed for a period of time longer than twenty-four (24) hours subject to the exception of subsection (b)(1). Trailers or semitrailers that are to be loaded or unloaded in a residential area are prohibited from parking or remaining standing for a period of exceeding four (4) hours or the period of time it reasonably takes to load or unload without interruption, whichever is less.
(3) Parking for storage and/or sale of merchandise. Trailers or semitrailers which are parked with or without a current license for use as storage space for merchandise for sale, materials held for the use in construction or the storage of equipment are not permitted except upon application for a special permit to be obtained from the Director of Public Safety not to exceed a period of fifteen (15) days in nonresidential areas and not to exceed a period of ninety (90) days where such vehicle is being used for construction purposes. This ninety (90) day permit may be extended only with an additional special permit to be obtained from the Director of Public Service for a period of time not to exceed an additional ninety (90) day period. Successive periods shall not be granted beyond the date of the Chief Building Inspector granting an occupancy permit.
(4) Parking in industrial districts. In industrial zoning districts, I-1 and I-2, empty trailers or semitrailers may be parked on private property only for the purpose of the storage of the empty trailer or semitrailer and not for the purpose of storage of any equipment, tools, goods or other items.
(Ord. 081-2023. Passed 10-3-23.)
1111.15 PORTABLE STORAGE UNITS.
(a) For the purpose of this section, "portable storage unit" shall mean any portable enclosed unit of durable construction or material, not to exceed eight (8) feet wide by eight (8) feet tall by sixteen (16) feet long, designed for permanent or temporary storage, which can be transported by vehicle and left on-site.
(b) Portable storage units may be permitted as a temporary use in any zoning district within the City as follows:
(2) When the occupant of a property is relocating, a portable storage unit shall be located on a paved surface on the property for a period not to exceed seven (7) consecutive days or fourteen (14) total days in any 180-day period; or
(3) When necessary to facilitate general temporary uses not described above, a portable storage unit shall be located on a paved surface on the property for a period not to exceed seven (7) consecutive days or fourteen (14) days total in any 180-day period;
(4) The placement of any Portable Storage Unit shall be in such a manner as not to create a public nuisance nor obstruct nor hinder public or private traffic.
(c) Any use permitted in this section except for those uses under Section 1111.15
(b)(1) shall require a permit to be issued by the City Building Department. This permit fee shall be fifteen dollars ($15.00) and the permit shall be good for seven (7) consecutive days or fourteen (14) total days in any 180-day period.
(Ord. 023-2024. Passed 5-21-24.)
1112.01 INTENT AND PURPOSE.
(a) Purpose. The purpose of this chapter is to regulate all exterior signs to:
(1) Protect and preserve safety and promote the public welfare.
(2) Minimize visual clutter and promote desired aesthetics.
(3) Minimize conflicts between advertising signs and traffic control signs and signals.
(b) Intent. This chapter is intended to regulate the size, location and character of all exterior signs in the City in order to ensure they are:
(1) Compatible with their surroundings.
(2) Appropriate to the type of activity to which they pertain.
(3) Expressive of the identity of individual proprietors or of the community.
(4) Legible, clear, and consistent with the sign's physical context.
(Ord. 081-2023. Passed 10-3-23.)
1112.02 APPLICABILITY.
(a) Permit Required. No sign shall be erected, altered , or relocated, and no sign's face shall be changed without an application being made and without a permit being issued by the Building Department.
(1) Within ninety (90) days from the effective date of Ordinance 110-71 (passed May 16, 1972), application for permits shall be made for all signs presently erected whether or not a permit has been previously issued.
(2) The application shall be submitted in the same form as that required for a new sign.
(3) If the application is made within the ninety (90) days specified in subparagraph (1). hereof, no additional fee shall be collected.
(b) Compliance. It shall hereafter be unlawful to erect, place, relocate, expand, modify, maintain, or otherwise alter a sign that is visible from a public right-of-way or an adjacent property, in any zoning district, in the City except in accordance with the provisions of this chapter.
(c) Permit Required. Unless otherwise provided by this chapter, all signs shall require a zoning permit.
(d) Non-Conforming Signs. Any sign established prior to the effective date of this code, and which is rendered nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of Section 1121.03
- Nonconforming Signs.
(Ord. 081-2023. Passed 10-3-23.)
1112.03 EXEMPTIONS.
(a) The following signs do not require a permit; however, they are still subject to any applicable regulations within this chapter.
(1) Any sign located entirely within buildings or other structures and/or otherwise not visible from a public right-of-way or adjacent property.
(2) Cornerstone inscriptions or other signs that are part of masonry façades.
(3) Signs of less than one (1) square foot each in sign area, such as religious symbols like crucifixes, security system window or door stickers, identification of store hours, emblems of credit cards accepted, seals indicating membership in business or trade associations, and the like.
(4) Bulletin boards and bulletin board signs, as defined herein.
(5) Signs and/or notices issued by any court, officer, or other person in performance of a public duty.
(6) For the purposes of safety and emergency access, signs indicating the street number of a building or structure are permitted without a zoning permit but shall not exceed three (3) square feet in sign area.
(7) Any sign on a truck, bus or other vehicle that is used in the normal course of a business for transportation.
(8) Any holiday lighting, signs, or related decorations for up to thirty (30) days after an observed holiday or celebration.
(9) Painted signs, decals, or other signs located directly inside or on the window and/or door of the ground floor of a commercial use, if less than forty percent (40%) of the area of a windowpane, up to a total of two windows.
(10) Door signs if less than three (3) square feet in total area and not more than one (1) sign per door.
(11) Government mandated signs in compliance with the manual of uniform traffic control devices that comply with the requirements of state law for such signs placed or required to be placed by a government entity.
(12) Menu signs/ordering kiosks placed adjacent to a commercial drive through, with a maximum of four (4) such signs per property, so long as any ground- mounted menu sign does not exceed fifty (50) square feet and any wall-mounted menu-sign does not exceed nine (9) square feet.
(13) Small yard signs that are under twenty-four (24) square feet in surface area and less than five (5) feet in height.
(14) One (1) wall sign is permitted on each individual lot used for residential purposes provided the sign is mounted flush to the façade of the principal dwelling and does not exceed one (1) square foot.
(15) Signs for home occupations.
(16) Flags of any fabric or bunting containing colors, patterns, or symbols; attached to a flagpole as a freestanding structure, or a structure attached to a building or to the roof of a building, on a parcel of record and used for the sole purpose of displaying flags, the height of which shall be measured from the average grade.
(17) A-frame or T-frame signs.
(18) Temporary banner sign for identification of a new business for up to sixty (60) days after the business opens after which time a permanent sign must be erected.
(19) One (1) neon (or LED tube or rope lighting resembling neon) window sign not larger than three (3) square feet in total area per individual tenant suite that does not incorporate any blinking.
(Ord. 081-2023. Passed 10-3-23.)
1112.04 PROHIBITED SIGNS.
(a) Balloon or air-activated signs (Example: "Wavy arm"/ inflatable man).
(b) Pole Signs.
(c) Off-Premises Signs.
(d) Signs within the right-of-way with the exception of warning signs or traffic safety signs required by public utility providers, by a public transit or transportation agency.
(e) Dilapidated signs, or signs that are not secure, including sign structures.
(f) Signs that do not conform to City or State building, fire, or electrical codes.
(g) Signs or advertising erected and maintained on trees or painted or drawn upon rocks or other natural features.
(h) Signs or advertising devices which attempt or appear to attempt, to direct the movement of traffic, or which interfere with, imitate, or resemble an official sign, signal, or device.
(i) Vehicle signs viewed from a public road with the primary purpose of providing signage not otherwise allowed by this code.
(j) Vehicle signs include those attached to or placed on a vehicle or trailer, including, but not limited to, vehicle wraps. Vehicles or trailers shall not be parked continuously in one location to be used primarily as additional signage. This does not apply to a vehicle parked at a driver's residence and is the primary means of transportation to and from his or her place of employment.
(k) Signs that are applied to trees, bus shelters, utility poles, benches, trash receptacles, newspaper vending machines or boxes, or any other unapproved supporting structure, or otherwise placed in the public right-of-way.
(l) Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure unless specifically permitted as a temporary sign.
(m) Signs attached to a fire escape or that obstruct any fire escape, any means of egress or ventilation.
(n) Signs that contain words, pictures, or statements which are obscene, as defined by the Ohio Revised Code Section 2907.01.
(o) Signs that employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion to attract attention.
(p) Animated Signs.
(q) Beacons and searchlights, except for emergency purposes.
(r) Except for identification signs on agricultural buildings, no sign or billboard shall be painted or erected directly upon the roof of any building or structure.
(s) Signs made of cardboard.
(t) Signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located.
(u) Signs which contain or consist of pennants, ribbons, streamers, spinners, balloons, strings of light bulbs or other similar or moving devices.
(1) These devices when not part of any sign are similarly prohibited unless they are utilized for illumination purposes at special civic and religious functions, construction sites, holiday decorations and temporary public entertainment of a nonpromotional nature.
(2) The use of strings of white light bulbs at temporary seasonal sales shall be permitted when permanent type lighting is not practical, subject to approval by the Director of Public Service.
(v) Internally lit cabinet boxes.
(Ord. 081-2023. Passed 10-3-23.)
1112.05 GENERAL PROVISIONS.
(a) Permanent signs shall be constructed in compliance with all applicable regulations of the City or State's applicable building, fire, or electrical codes, as may be applicable.
(b) No sign or sign structure shall be placed on private or public property without the written consent of the owner or agent thereof.
(c) No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal, or device.
(d) No sign shall obstruct or interfere with emergency vehicle movement, ingress or egress from any door, window, or fire escape, nor shall it obstruct or interfere with traffic or traffic visibility or resemble or imitate signs or signals erected by the City or other governmental agency for the regulation of traffic or parking.
(e) No part of a sign shall have animation, moving parts, flashing lights or changing colors unless specifically permitted by Section 1112.07
- Sign Illumination.
(f) All signs shall be secured in such a manner as to prevent swinging or other significant noticeable movement, not including movement related to electronic message centers.
(g) Unless otherwise specifically stated, all permanent signs hereafter erected, constructed or modified shall be set back no less than five (5) feet from all rights-of-way and in all cases shall permit full visibility within the vision triangle as defined herein.
(h) Signs, sign posts, or sign mounting hardware which are no longer functional, or are abandoned, shall be removed in compliance with the provisions of this code, within ninety (90) days following such dysfunction or abandonment. For purposes of this section, "abandoned" means the owner or user of the sign has completely given up the use of the sign for the purpose it was intended as ascertained by the reasonable investigation and inquiry of the Director of Public Service. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1112.06 SIGN AREA MEASUREMENT.
(a) For signs on a background, the entire area of the framework or background of the sign is calculated as the sign area, including any material or color forming the sign face or background used to differentiate the sign from the sign structure against which it is placed. (See diagram "A" on the right).
(b) For signs consisting of freestanding letters or features attached to a wall, the sign area is calculated as the smallest rectangle that encapsulates all logos, symbols, and lettering. Sign area does not include any supporting framework or bracing unless such framework or bracing is part of the message or sign face (see diagram "B" on the right).
(c) For signs that are abnormal shapes, window signs, including neon window signs, the total sign area is measured by multiplying the full width of the overall sign copy, including the lettering, logo, and graphics, by the overall height of the sign copy in a rectangular manner, regardless of the arrangement of the copy (see diagram "C" on the right).
(d) When two (2) sign faces are placed back-to-back, so that both faces cannot be viewed from any one point at the same time and part of the same sign structure and are not more than twenty-four (24) inches at its furthest distance apart, the sign area shall be computed by the measurement of one of the faces.
(Ord. 081-2023. Passed 10-3-23.)
1112.07 SIGN ILLUMINATION.
(a) The following types of sign illumination are permitted unless otherwise specified within this Article:
(1) Front-lit channel letter signs.
(2) Backlit / reverse-lit / halo-lit channel letter signs, or backlit sign with cutout letters.
(3) External sign illumination.
(b) All sign illumination shall comply with the following provisions:
(1) Be shielded from all adjacent residential buildings and all streets.
(2) Not have an intensity to cause glare visible to pedestrians or vehicle drivers, nor shall the illumination be of such brightness as to cause reasonable objection from adjacent residential districts.
(3) No illuminated sign shall be permitted if any part of the sign flashes on or off, has lighting that moves or illustrates movement, or displays changing degrees of intensity in illumination. This regulation applies to signs located outside of buildings and to window signs inside buildings that can be seen from the outside. This prohibition on flashing, moving, or intermittent lighting shall not apply to permitted electronic message centers as regulated by Section 1112.08
- Electronic Message Center (EMC) or Changeable Copy Sign.
(4) Signs shall not be illuminated in a manner that obstructs traffic control or other public information signs.
(Ord. 081-2023. Passed 10-3-23.)
1112.08 ELECTRONIC MESSAGE CENTER (EMC) OR CHANGEABLE COPY SIGN.
(a) EMCs are permitted only for gas stations and institutional uses.
(b) A marquee sign may include changeable copy only to advertise events occurring on-site, to be located on the awning portion of the sign.
(c) Where permitted, an EMC or Changeable Copy Sign may not comprise more than twenty-five percent (25%) of the permitted sign area for a given sign.
(d) Only light emitting diodes (LED) technology or similar quality signs shall be permitted for EMCs.
(e) Any electronic message center that is located within 300 feet of any residential use shall automatically turn off between the hours of 11:00 p.m. and 6:00 a.m. daily.
(f) An electronic message sequence must be accomplished by means of fading or dissolving but shall not scroll, travel or flash. A transition sequence must be completed in no more than one second.
(g) No portion of any sign may change its message or background in a manner or by a method of display characterized by motion, other than fading or dissolving, or pictorial imagery or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns, bands of light, or expanding or contracting shapes.
(h) EMCs shall be designed to display a full black screen, or turn off, in the event of a malfunction.
(i) Portable electronic message signs are prohibited except for instances of construction or road projects.
(j) The EMC shall come equipped with an automatic dimming photocell, which automatically adjusts the display's brightness based on ambient light conditions.
(k) No EMC shall be permitted to be included as part of any limited duration sign.
(l) The brightness level shall not increase by more than 0.3 foot candles over ambient levels (or 3.23 lumens per square meter or lux) as measured using a foot candle meter at a pre-set distance.
(m) The procedure and distances for measurement of brightness shall be as established by the International Sign Association's Recommend Night-time Brightness Levels for On-Premise EMCs. (Ord. 081-2023. Passed 10-3-23.)
1112.09 PERMANENT SIGNS PERMITTED FOR RESIDENTIAL PROPERTIES AND RESIDENTIAL SUBDIVISIONS.
(a) Sign Illumination. Where illumination is allowed, only external illumination shall be permitted.
(b) Signs for Individual Dwellings.
(1) One (1) wall sign is permitted on each individual lot used for residential purposes provided the sign is mounted flush to the façade of the principal dwelling and does not exceed one (1) square foot. Such sign shall not be directly or internally illuminated. A zoning permit shall not be required for this type of sign.
(2) For dwellings where a home occupation or bed and breakfast is located, one (1) ground-mounted sign or window sign is permitted per lot with a maximum sign area of two (2) square feet and a maximum height of three (3) feet for ground-mounted signs.
(c) Signs at Multi-unit Buildings and Subdivision Entrances.
(1) Two (2) wall signs or one permanent ground-mounted sign may be permitted at the entrance of any subdivision or multi-unit dwelling development provided that the sign meets the following requirements:
A. Each sign may have a maximum sign area of thirty (30) square feet.
B. The sign may only be illuminated through an external light source.
(2) Ground-mounted signs must meet the following additional requirements:
A. A maximum of one (1) ground-mounted sign may be permitted for each entrance to the subdivision or development on a collector or arterial street, as determined by the Director of Public Service.
B. The ground-mounted sign shall not exceed six (6) feet in height.
C. The sign shall be set back five (5) feet from the public right-of-way and five (5) feet from any adjacent lot lines.
D. If an applicant proposes to use a ground- mounted sign, no wall signs shall be permitted.
(3) Wall signs on entry fences or walls must meet the following additional requirements:
A. A maximum of two (2) wall signs may be permitted for each entrance to the subdivision or development on a collector.
B. The signs shall be mounted to a decorative wall or fence that generally runs parallel with the street.
C. The sign shall be set back five (5) feet from the public right-of-way with no minimum setback required from adjacent lot lines.
D. If an applicant proposes to use wall signs, no ground-mounted sign shall be permitted.
(4) Signs for institutional uses in residential districts. Institutional uses shall be permitted the same sign allowance as the INDD District.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1112.10 PERMANENT SIGNS PERMITTED BY ZONING DISTRICT.
(a) Applicability.
(1) Buildings, developments, and subdivisions that are one hundred percent (100%) residential within a non-residential district shall be subject to the permanent sign allowances for Section 1112.09
- Permanent Signs Permitted for Residential Properties and Residential Subdivisions.
(2) Permitted signs by zoning district are divided into freestanding signs and building signs.
A. A freestanding sign is a ground-mounted monument sign affixed to a freestanding base; the base of the sign shall not be comprised of one (1) or more poles or posts.
B. A building sign comprises any sign type that is affixed to a building and is not supported by a freestanding base.
(b) The following table displays the permitted signs by zoning district:
TABLE 1112.10 PERMITTED SIGNS BY ZONING DISTRICT | ZONING DISTRICT | USE DEFINITION & STANDARDS | ||||||
BRD | MAIN | SD | YEAR | CCD | INDD | MILO | ||
FREESTANDING SIGNS | ||||||||
Free-Standing Signs | N/A | N/A | 1112.18
(c) | |||||
Changeable copy (allowed area no more than 25% of an already permitted freestanding sign) | N/A | N/A | N/A | N/A | 1112.18
(c) | |||
BUILDING SIGNS | ||||||||
Flat Wall Signs | 1112.18
(a) | |||||||
Projecting Signs | N/A | 1112.18
(b) | ||||||
Marquee Signs | N/A | N/A | 1112.18
(d) | |||||
Window and Door Signs | 1112.18
(e) | |||||||
Awning signs | 1112.18
(g) | |||||||
Canopy Signs | 1112.18(
g) | |||||||
Roof Signs* | N/A | N/A | N/A | 1112.18(
f) | ||||
Permitted
* Permitted only in areas with a setback greater than 40 feet.
(Ord. 081-2023. Passed 10-3-23.)
1112.11 NUMBER OF SIGNS PERMITTED.
(a) Building Signs. Two (2) building signs are permitted per unit, which includes individual storefronts within multi- unit commercial buildings.
(b) Free-Standing Signs. Where freestanding signs are permitted, a property may have one freestanding sign per street frontage.
(Ord. 081-2023. Passed 10-3-23.)
1112.12 SIGN AREA.
(a) Applicability. These standards are applicable to signs permitted in Section 1112.10
- Permanent Sign Permitted by Zoning District.
(b) Total Sign Area. The total area of all signs erected on the lot and building of any single business shall be within the allowable square footages described in the table below:
TABLE 1112.12 SQUARE FOOTAGE ALLOWANCES | |
SIGN TYPE | MAXIMUM TOTAL PERMITTED SIGN AREA |
Freestanding Sign | • a freestanding sign setback 75 70 feet or less from a public right-of-way shall not be larger than 40 square feet. • a freestanding sign setback greater than 7075 feet from a public right-of-way shall not be larger than 50 square feet. • in districts where a free-standing sign is permitted, if a property has a second street- facing frontage, one additional freestanding sign shall be permitted on the side street. |
Flat Wall Sign | • Building Sign total. the total sign area on each elevation of a building for any single business shall not exceed 1 square foot for each lineal foot of building elevation. • if the building setback is greater than 70 feet, an additional half (0.5) of a square foot of building sign shall be allowed for each lineal foot of the building frontage (i.e., 1.5 square feet of sign area for each lineal foot of building frontage). • When erected on a multi-story building, an additional 0.2 square feet per foot of building frontage may be added for all stories two or above (i.e. a two story building would be permitted 1.2 square feet of sign area for each lineal foot of building frontage) |
Marquee Signs | A marquee sign may not be larger than 160 square feet per each of two sides, to include signage face only, not any constructed awnings that are attached to the sign. |
Awning Signs | signage shall not cover more than 50% of an awning, calculated by adding the area of the valance and the sloping portion, and it may be located on either the valance or the sloping portion of the awning. |
Projecting Signs | a projecting sign may not be larger than 10 square feet on each two sides. every face of a projecting sign shall be considered as a separate sign for purposes of computing the allowable area. |
Canopy Signs | a canopy sign shall not exceed the lesser of 2 square feet per lineal foot of building frontage or 24 square feet |
Window Signs | a window sign may not exceed more than 40% of the window on which it is affixed but shall not occupy more than two windows. |
Roof Signs | the total area of a roof sign shall be limited to a width not to exceed one-third of the width of the building's front façade, which must be parallel to the sign, and a sign height no greater than 6 feet. |
(Ord. 081-2023. Passed 10-3-23.)
1112.13 PERMITTED SIGN HEIGHT.
(a) Applicability. These standards are applicable to signs permitted in Section 1112.10
- Permanent Sign Permitted by Zoning District.
(b) Free-Standing Signs. No free-standing sign shall exceed eight (8) feet in height.
(c) Building Signs. A building sign may not extend above the roof line of the building on which it is erected, except where specifically permitted in Section 1112.10
- Permanent Sign Permitted by Zoning District.
(d) Roof Sign. The maximum height of a roof sign shall not exceed six (6) feet above the finished roof line. In no event shall it exceed the height permitted in the district.
(Ord. 081-2023. Passed 10-3-23.)
1112.14 SIGN LOCATION.
(a) Applicability. These standards are applicable to signs permitted in Section 1112.10
- Permanent Sign Permitted by Zoning District.
(b) Flat Wall Signs. Flat wall signs may be located on the front wall of a building or, when properties have a side street frontage, on the side wall on the secondary frontage - flat wall signs may not protrude more than twenty-four (24) inches from the wall on which it is affixed.
(c) Marquee Signs. Signs may be placed on a marquee or may project below the lower edge of a marquee not more than twenty-four (24) inches, but the bottom of a sign placed on a marquee shall be no less than eight (8) feet above the sidewalk or grade at any point.
(d) Projecting Signs. Projecting signs may be located only on the front wall of the building, except in the case of a second frontage allowance.
(1) No projecting sign or supporting structure shall project more than forty-two (42) inches from the wall of a building nor be less than ten (10) feet from the ground level at the base of the building nor higher than twenty-five (25) feet from the ground level to the top of the sign on a multi-story building.
(2) No projecting sign or supporting structure shall attach to an unbraced parapet wall.
(e) Awning and Canopy Signs. All components of the awning or canopy shall have a minimum clearance of eight (8) feet from the sidewalk and must be located a minimum of three (3) feet from the closest curb of any street or road.
(f) Roof Signs. In districts where roof signs are permitted, roof signs shall be allowed only in instances where the front setback is greater than forty (40) feet.
(1) The supporting members of a roof sign shall appear to be an integral and architectural part of the building and any bracing, if required, shall be minimized.
(g) Free-Standing Signs. All parts of a free-standing sign shall be located five (5) feet or more behind the front property line and elsewhere within building restriction lines as provided for by the Zoning Code and no closer than fifty (50) feet to a residential district.
(1) No freestanding sign may be located within sixty (60) feet of any other freestanding sign.
(Ord. 081-2023. Passed 10-3-23.)
1112.15 TEMPORARY SIGNS.
(a) General Standards. The following standards apply to all temporary signs:
(1) Temporary signs shall not be mounted, attached, affixed, installed, or otherwise secured in a manner that will make the sign a permanent sign.
(2) Temporary signs may be erected up to the maximum applicable time limit as specified in Table 1112.15
- Temporary Sign Allowances.
(3) No temporary sign shall be mounted, attached, affixed, installed, or otherwise secured so that it protrudes above the roofline of a structure.
(4) Unless otherwise specifically stated, temporary signs shall not be illuminated.
(5) No temporary sign shall require a foundation, support, wiring, fittings, or elements that would traditionally require a building permit or electrical permit.
(6) No balloon, air activated, graphics, streamers, pennant signs, spinning, flashing, or similarly moving devices shall be allowed as part of or attachments to temporary signs unless approved through a special event permit.
(7) All temporary signs shall be secured in such a manner as to prevent swinging or other significantly noticeable movement resulting from the wind that could pose a danger to people, vehicles, or structures.
(8) Mobile signs on wheels, runners, casters, parked trailers, parked vehicles, or other temporary or movable signs shall not be permitted unless otherwise specifically stated in this chapter.
(9) Because of the nature of materials typically used to construct temporary signs and to avoid the unsightliness of deteriorating signs and all safety concerns which accompany such a condition, temporary signs shall be removed or replaced when such sign is deteriorated.
(b) Temporary signs in residential zoning districts, on fully residential properties, or in a residential PUD.
(1) Temporary signs are allowed in residential zoning districts. This does not apply to signs promoting for-profit businesses or corporations, which are prohibited.
(2) A zoning permit shall not be required.
(3) Up to a total of twenty-four (24) square feet of temporary signs are permitted on each lot in a residential zoning district, including any lot in a residential PUD.
(4) The signs are limited to yard signs or banner signs subject to the sign-specific standards in Article 1112
- Signs.
A. Large yard signs are permitted only on lots larger than one (1) acre.
(5) The maximum sign area for any individual sign shall be six square (6) feet with a maximum height of four (4) feet.
(6) In lieu of the above regulations, any nonresidential use located in a residential zoning district shall be permitted the same amount of temporary signs permitted on non-residential properties as specified in subsection (c). on the next column.
(c) Temporary Signs in Nonresidential Zoning Districts.
(1) Temporary signs are prohibited in nonresidential zoning districts except for identification of a new business for up to sixty (60) days after the business opens after which time a permanent sign must be erected.
(2) A zoning permit shall not be required for temporary signs with the following exception:
A. A zoning permit shall be required for any sign over sixteen (16) square feet in sign area unless otherwise stated in this section.
(3) Up to a total of twenty-four (24) square feet of temporary signs are permitted on each lot.
(4) The signs are limited to yard signs or banner signs.
(5) There shall be no more than three temporary signs on a lot at any one time.
(6) Each individual temporary sign shall not exceed the maximum surface area and maximum height established in Table 1112.15
- Temporary Sign Allowances.
(d) Standards Applicable to Individual Temporary Sign Types
(1) Table 1112.15
- Temporary Sign Allowances establishes the total square footage, height, and allowances for each temporary sign type.
TABLE 1112.15 TEMPORARY SIGN ALLOWANCES | |||
SIGN TYPE | MAXIMUM SIGN AREA (SQUARE FEET) | MAXIMUM SIGN HEIGHT (FEET) | TIME LIMITS |
A-Frame or T- Frame sidewalk signs (non- residential Districts only) | 8 | 4 | sign may be placed on sidewalk only during the business' hours of operation |
Yard signs - large (permitted on residential properties greater than one acre and any non- residential property) | 24 | 8 | 120 consecutive days, once per calendar year |
Yard signs - Small | 24 | 5 | 90 consecutive days, once per calendar year |
Banner signs | 50 | 5 | 60 days |
(e) Additional Regulations for A-frame or T-frame Sidewalk Signs.
(1) The sign may be located on a public or private sidewalk or walkway provided it is placed on pavement and not in any landscaped areas.
(2) If the sign is placed on a sidewalk or walkway, the sign may only be placed where the paved sidewalk or walkway width, not including curb top, is at least six (6) feet wide, maintaining a minimum thirty-six (36)-inch horizontal clearance between the closest point of the sign and any obstructions that are between zero (0) and eighty (80) inches above grade level.
(3) The sign must be free-standing and shall not be affixed, chained, anchored, or otherwise permanently secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure.
(4) The sign must not obstruct access to parking meters, bicycle racks and other features legally in the right-of-way. The sign must not interfere with the opening of car doors in legal spaces, or with the operation of wheelchair lifts and ramps, cab stands, loading zones or bus stops.
(5) The sign shall be internally weighted so that it is stable and windproof.
(6) The sign shall only be placed outside during the hours of the establishment's operation.
(7) Whitehall shall be held harmless from any liability resulting from accident or injury caused by erection and maintenance of such sign.
(f) Additional Regulations for Banner Signs.
(1) Banner signs may be attached to a building, fence, or other similar structure.
(2) The maximum height standard for temporary signs shall not apply to a banner sign but such signs shall not be mounted in a manner that extends above the roofline of a building or the top of the structure on which it is mounted.
(3) When a new use is approved for a property, a banner sign may be approved for up to sixty (60) consecutive days to cover the existing permanent signs and provide identification until a new permanent sign has been approved and erected. Such banner sign shall not exceed the sign area allowance of the permanent sign and shall require a zoning permit.
(Ord. 081-2023. Passed 10-3-23.)
1112.16 SIGN PERMITS, APPLICATIONS, AND FEES.
(a) Applications. Permits may be granted by the Building Department upon application being made and upon the basis of representations made by the applicant with drawings and specifications showing:
(1) The design, full dimensions, and locations of the sign.
(2) The type and quality of sign materials.
(3) The manner of fastening the sign to the support structure.
(4) Number, type, and wattage of electric lamps or illuminating tubes and their location on the sign.
(5) Approximate weight of the sign.
(6) Name and address of the sign owner and property owner.
(7) Name and address of the sign erector.
(8) Lot location, frontage and depth.
(9) Building frontage and setback distance.
(10) Total area of all other signs on the premises.
(11) Any further requirements established by Council or requirements deemed necessary by the Building Department to satisfy the requirements of this chapter or of the Building Code.
(12) Such applications shall be made on blanks furnished by the Building Department, signed by the applicant, and when the applicant is any person other than the owner of the property, the application shall also be signed by the owner of the property or the agent for the owner.
(b) Fees. Fees for sign permits shall be s established by the Director of Public Service.
(1) Double fees. The amount of any and all fees as have been established, shall be doubled if the erection of the sign or supporting structural framework has been commenced before a permit for such work has been obtained from the Building Inspector.
(2) Deposit of fees. The Building Inspector Department shall deposit fees collected by him in the General Fund of the City.
(c) Nullification.
(1) A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of the permit; or, when a sign and/or sign structure was not used for its intended purpose or otherwise abandoned for a period of six (6) months.
(2) A permit may be renewed once and no additional fee shall be collected for one (1) renewal.
(d) Permit Exceptions. The following operations shall not require a sign permit:
(1) The changing of the advertising copy or message or an approved painted or printed sign or on a theater marquee and similar approved signs which are specifically designed for the use of replaceable copy.
(2) Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made.
(3) Signs exempt through Section 1112.03
- Exemptions and window signs are also exempt from permit requirements.
(4) Any sign containing less than four (4) square feet of advertising area.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1112.17 MAINTENANCE.
(a) Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of a defective part, painting, cleaning, and other acts required for the maintenance of the sign.
(b) Whenever a sign is to be removed pursuant to the requirements of this section, all parts of the sign and supporting structure (e.g., pole, monument, cabinet structure, etc.), excluding buildings for wall, projecting, or similar signage, shall be removed in its entirety. This section shall not require the removal of a raceway if mounted to such structure on a building.
(Ord. 081-2023. Passed 10-3-23.)
1112.18 SIGN TYPOLOGIES.
(a) Flat Wall Signs.
(1) Typical Lot Configuration.
Note: image is illustrative, not regulatory.
(2) Description. A sign attached flat or mounted parallel to the facade of a building that identifies a commercial establishment. Wall signs are intended to be viewed by pedestrians on the opposite side of street.
(b) Projecting Signs.
(1) Typical Lot Configuration.
Note: image is illustrative, not regulatory.
(2) Description. A small, two-sided, non-illuminated sign that is attached to and projecting perpendicularly from the facade of a building that identifies a commercial establishment. Projecting signs are intended to be viewed by pedestrians on the same side of the street.
(c) Free-Standing Signs.
(1) Typical Lot Configuration.
Note: image is illustrative, not regulatory.
(2) Description. A sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs are meant to be viewed by pedestrians from a distance and motorists passing by.
(d) Marquee Sign.
(1) Typical Lot Configuration.
Note: image is illustrative, not regulatory.
(2) Description. Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.
(e) Window and Door Sign.
(1) Typical Lot Configuration.
Note: Image is illustrative, not regulatory.
(2) Description. Individual letters, numerals, or a logo applied directly to the inside of a window or door to identify a commercial establishment. Window and door signs are intended to be viewed at close range by pedestrians.
(f) Roof Signs.
(1) Typical Lot Configuration.
Note: Image is illustrative, not regulatory.
(2) Description. A sign erected on the roof or mounted to the uppermost horizontal architectural band of a building to identify the name of the building or primary tenant. Roof/skyline signs are intended to be viewed by pedestrians and motorists from a distance and serve as an icon for the building.
(g) Awning or Canopy Signs.
(1) Typical Lot Configuration.
Note: Image is illustrative, not regulatory.
(2) Description. A sign that is painted, screen printed, sewn, or adhered onto the surface of a awning or attached above, below, or to the face of an entry canopy that identifies a commercial establishment. Awning/ canopy signs are intended to be viewed by pedestrians on the opposite side of street.
(Ord. 081-2023. Passed 10-3-23.)
1113.01 GENERAL PROVISIONS.
(a) Applicability. The provisions of this Chapter apply to the following types of development:
(1) Construction of a new residential subdivision (eight housing units or more).
(2) Construction or expansion of a residential multi-unit development.
(3) Construction or expansion of institutional uses.
(4) Construction or expansion of commercial uses.
(5) Construction or expansion of industrial uses.
(b) Parking Lot Landscaping. Landscaping is required for parking lots per Section 1111.09
- Parking Lot Landscaping. Where landscaping required by that section overlaps with and meets the landscaping standards of this section, such landscaping may count towards the requirements of this section.
(c) Required Landscaping. For any applicable development types, such development shall provide:
(d) Overlapping Landscaping Requirements. Where required foundation landscaping and required bufferyards overlap or would abut one another, any provided landscaping, screening, and buffering may be counted towards both requirements, provided that all minimum standards are met. For example, if a development would require a ten (10) foot wide planting strip with two (2) trees along the street frontage and a thirty (30) foot wide buffer yard with fourteen (14) trees in the same location, the development may only provide a thirty (30) foot wide buffer yard with fourteen (14) trees to satisfy both requirements.
(e) Minimum Figures Round Up. Where any calculated figure for a minimum requirement is not a whole number, the calculation will be rounded up to the next whole number. For example: if one new tree is required for every thirty-three (33) feet of lot frontage along a street, then two (2) new trees would be required for a lot that has thirty-four (34) feet of frontage along a street. (Ord. 081-2023. Passed 10-3-23.)
1113.02 CREDIT FOR MATURE TREES RETAILED.
(a) Credit for Retained Mature Trees. For any given property, each mature tree that is at least eight (8) inches in diameter at breast height, that is protected from construction activities, and that is retained onsite shall reduce the minimum required new tree plantings by three (3) new trees. For example, if a development would be required to plant ten (10) trees but retains two (2) mature trees over eight (8) inches in diameter at breast height, the minimum required new tree plantings would be reduced from ten (10) new trees to four (4) new trees.
(Ord. 081-2023. Passed 10-3-23.)
1113.03 STREET TREE REQUIREMENTS.
(a) Minimum Street Tree Plantings. Subject to the applicability standards of this Chapter, new construction where a building has a frontage along a street greater than forty (40) feet shall provide one (1) street tree per forty (40) feet of building frontage. Required trees shall be a minimum of three (3) inches caliper at installation.
(b) Minimum Spacing. The minimum spacing between tree trunks shall be no less than the minimum recommended spacing per tree species.
(c) Location of Tree Plantings. Any trees planted towards the requirements of this section shall be located within 500 feet of the subject property.
(d) Credits and Reductions. The street tree requirements shall be considered partially or fully met, depending on the number of required street trees, in any of the following situations:
(1) The public right-of-way within 500 feet of the subject property already has sufficient trees to meet these requirements.
(3) The public right-of-way within 500 feet of the subject property does not physically have enough room for additional trees at the time of application and upon determination by the Whitehall Service Department.
(Ord. 081-2023. Passed 10-3-23.)
1113.04 FOUNDATION LANDSCAPING REQUIREMENTS.
(a) Minimum Foundation Landscaping Requirements.
(1) Applicable development types shall provide foundation landscaping per the standards of Table 1113.04
- Foundation Landscaping Requirements.
(2) These standards shall apply to all front yards and/or street-facing yards. (E.g., corner lots and double- frontage lots shall have two (2) sets of foundation landscaping required.)
(b) Small Setback Exemption. Any buildings that provide a front yard setback of ten (10) feet or less are exempt from the foundation landscaping requirements of this section.
(c) Decorative Solid Masonry Wall Exemption. Any properties that provide a decorative solid masonry wall along their street frontage(s) shall be exempt from providing foundation landscaping in the areas of the decorative masonry wall.
TABLE 1113.04 FOUNDATION LANDSCAPING REQUIREMENTS | ||||
DEVELOPMENT TYPE | ||||
STANDARD | NEW RESIDENTIAL SUBDIVISION | MULTI-UNIT DEVELOPMENT | COMMERCIAL USES (UNDER 25,000 S.F. GFA), AND INSTITUTIONAL USES | COMMERCIAL USES (25,000 S.F. GFA OR MORE), AND INDUSTRIAL USES |
Minimum Street Frontage Landscaping 1 | 3-foot-wide planting strip | 5-foot-wide planting strip | 10-foot-wide planting strip | 15-foot-wide planting strip |
Minimum Non-Tree Planting Specifications2 | Native plants at recommended spacing | Shrubs, flowers and long grasses | Shrubs, flowers and long grasses | Shrubs, flowers and long grasses |
Minimum Tree Planting Specifications | one shade tree per street frontage. Minimum 3” caliper at installation | one shade tree or evergreen tree per 100 feet of building foundation along street frontage. Minimum 3" caliper for shade trees or 10' height for evergreens at installation. | one shade tree or evergreen tree per 100 feet of building foundation along street frontage. Minimum 3" caliper for shade trees or 10' height for evergreens at installation. | one shade tree or evergreen tree per 40 feet of building foundation along street frontage. Minimum 3" caliper for shade trees or 10' height for evergreens at installation. |
GFA = Gross floor area s.f. = Square feet
1 Applies to the full length of the foundation that faces a street
2 Spacing of any plant shall not exceed the recommended spacing.
(Ord. 081-2023. Passed 10-3-23.)
1113.05 BUFFER YARD REQUIREMENTS.
(a) Buffer Yard Required. Applicable development types shall provide a buffer yard type per Table 1113.05B - Required Buffer Yards, which shall meet the associated specifications of Table 1113.052A - Buffer Yard Specifications.
TABLE 1113.05A BUFFER YARD SPECIFICATIONS | |||
BUFFER YARD TYPE | |||
BUFFER YARD SPECIFICATIONS | SMALL | MEDIUM 1 | LARGE 1 |
Minimum Width | 20' | 30' | 40' |
Evergreen Trees | 1 per 33' of lot frontage | 1 per 25' of lot frontage | 1 per 20' of lot frontage |
Minimum Ornamental Trees | 1 per 50' of lot frontage | 1 per 33' of lot frontage | 1 per 25' of lot frontage |
Minimum Shrubs | 1 per 10' of lot frontage | 1 per 7' of lot frontage | 1 per 5' of lot frontage |
1 the minimum width of a medium or large buffer yard may be reduced by 10 feet where a 6-foot-tall high-quality fence of wood or masonry is constructed within the required buffer yard area. the remaining balance of required buffer yard (and associated landscaping) must be installed on the street-facing or adjacent-property-facing side of the fence.
(b) Exemption for Certain Commercial Properties. Where a major commercial use is proposed, if the difference between an abutting minor commercial use and the proposed major commercial use is less than 10,000 square feet of gross floor area, then a buffer yard is not required between those uses or properties.
TABLE 1113.05B REQUIRED BUFFER YARDS | ||||
DISTRICT WHERE DEVELOPING USE/CONSTRUCTION IS LOCATED | ||||
DISTRICT OF ADJOINING PROPERTY | MUR/STUR | BRD/MAIN/SH/CCD/YEAR | INDD/MILO | ID |
MUR/STUR | N/A | Small | Medium | Large |
BRD/MAIN/SH/CCD/YEAR | Small | N/A | Small | Medium |
INDD/MILO | Medium | Small | N/A | Small |
ID | Large | Medium | Small | N/A |
(c) Buffer Yard Locations. Except for within applicable residential subdivisions:
(1) Buffer yards are required along the full length of shared lot lines that separate different district(s) or use(s) per Table 1113.05B - Required Buffer Yards.
(2) Buffer yards are not required along lot lines that abut a public right-of-way.
(d) Residential Subdivision Buffer Yards. For applicable residential subdivisions, a twenty (20)-foot-wide buffer yard shall be constructed around the perimeter of the development wherever such edges of the development abut a public right-of-way, irrespective of whether front, side, or rear yards abut the thoroughfare. Such buffer yards shall be located within common areas and not on an individual lot or lots. Required trees shall be evergreen and be a minimum of ten (10) feet tall at the time of planting.
(e) Substitution for Berms. Undulating mounds or berms may be substituted for a required buffer yard provided:
(1) Mounds or berms shall be a minimum height of six (6) feet.
(2) The crown width of the mounds or berms shall be a minimum of two (2) feet.
(3) The side slope of the mounds or berms shall be no greater than three (3) feet horizontal to one (1) foot vertical.
(4) Mounds or berms shall be planted and covered with live vegetation.
(5) One (1) tree shall be planted on the mounds or berms for every forty (40) feet in length.
(6) Required trees shall be evergreen and be a minimum of ten (10) feet tall at the time of planting.
(Ord. 081-2023. Passed 10-3-23.)
1113.06 LANDSCAPE MAINTENANCE.
Landscape materials shall be maintained in a neat and orderly manner:
(a) Maintenance and Installation. All landscaping materials shall be installed in a sound and competent manner, according to accepted good construction and planting procedures. The owner of the property shall be responsible for the continued proper maintenance of all landscaping materials, including but not limited to grass, ground cover, trees, shrubs and tree lawn plantings along property frontage, and shall keep them in a proper, healthy, neat and orderly appearance, free of refuse and debris at all times.
(Ord. 020-2024. Passed 5-21-24.)
1114.01 GENERAL PROVISIONS.
(a) Permit Required. A zoning permit is required for any fence, wall, or screening unless explicitly exempted within this Code.
(b) Exemptions from Permit. The following types of work do not require a zoning permit:
(1) Any retaining wall which is less than three (3) feet high.
(2) Repair or replacement of any legally established fence or wall, not including any posts, in the same location with the same materials and dimensions.
(c) Clear Sight Triangle at Intersections. On any corner lot or lot that is near the intersection of two (2) public rights- of-way that are paved for vehicular use, no fences, walls, or other screening shall obstruct vision at or above three feet from the curb level within the triangular area that includes a twenty-five (25)-foot line drawn along each curb line with the end points connected, and shown in Figure 1114.01
- Clear Sight Triangle.
(Ord. 081-2023. Passed 10-3-23.)
1114.02 PERMIT REQUIREMENTS.
(a) Required Submittals. A complete zoning permit application for a fence, wall, and/or screening shall include, in addition to the printed name, mailing address, and signature of the property owner, a site plan with the following information:
(1) The shape and listed dimensions of the subject property.
(2) The location of any buildings on the subject property.
(3) The locations and listed heights, lengths, and materials of the proposed fence, wall, or screening, including posts .
(4) The location of any abutting City rights-of-way.
(5) Any recorded easements on the subject property.
(b) Fees. The City may impose an application fee for certificates and permits per Chapter 1303
- Administration and Permits of the Codified Ordinances of the City of Whitehall, Ohio, as may be amended.
(Ord. 081-2023. Passed 10-3-23.)
1114.03 FENCE AND WALL MATERIAL AND DESIGN.
(a) Permitted Materials.
(1) Fences and walls in any district shall be constructed of wood, vinyl, vinyl-clad material, metal (excluding chain link), iron, stone, concrete block, and/or brick.
(2) In addition to other permitted types of fences and walls, fences in the Industrial District (INDD) may be constructed of chain link.
(b) Prohibited Materials. No fence or wall shall have wire, corrugated metal, metal prongs, spikes, slats, cutting points, or edges such as barbed wire. No fence or wall shall be electrified. No fence shall use or incorporate wood pallets or materials arranged in a manner that resembles wood pallets. Any fence constructed of material or a combination of materials not in conformance with this code shall be prohibited.
(c) Post Spacing.
(1) Chain link fences, which are only permitted in the Industrial District (INDD), shall have posts installed no less than twenty-four (24) inches apart into the ground, embedded in concrete .
(2) For all other fences that require posts, such posts shall be installed no less than thirty-four (34) inches in the ground, embedded in concrete.
(d) Design of Fencing. All fence posts and/or related supporting members of a fence shall be installed to face inside the property that is constructing the fence. The finished side of the fence shall face out towards the adjacent property and/or public right-of-way.
(Ord. 081-2023. Passed 10-3-23.)
1114.04 FENCE AND WALL HEIGHTS.
(a) References to District Types. For the purposes of this section, references to a type of district shall include the following districts, in addition to any new or amended districts that are similarly categorized:
(1) "Residential districts" may refer collectively or individually to Single and Two-Unit Residential District and Multi-Unit Residential District.
(2) "Corridor districts" may refer collectively or individually to Broad Street District (BRD), Main Street District (MAIN), South Hamilton District (SH), Yearling Road District (YEAR), or Community Crossroads District (CCD).
(3) "Employment districts" may refer collectively or individually to Military/Office District (MILO) or Industrial District (INDD).
(4) "Special districts" may refer collectively or individually to Existing Planned Unit Developments (PUD) or Flood Plain District (FP).
TABLE 1114.04 FENCE AND WALL HEIGHTS | ||||
TYPE OF DISTRICT | ||||
HEIGHT STANDARD1 | RESIDENTIAL DISTRICTS | CORRIDOR DISTRICTS | EMPLOYMENT DISTRICTS | SPECIAL DISTRICTS |
Front Yard (Maximum) | 4 feet 2 | Not permitted | Not permitted | 4 feet 2 |
Side Yard (Maximum) | 4 feet | 8 feet | 8 feet | 4 feet |
Rear Yard (Maximum) 2 | 6 feet 3 | 8 feet 3 | 8 feet 3 | 7 feet 3 |
1 these standards may be modified by other provisions within this section.
2 such fences shall not be more than 50% opaque when viewed perpendicular to a length of the fence.
3 Where a rear yard abuts a front yard and/or side yard of an adjacent property, the maximum height of the rear yard fence shall not exceed the maximum permitted height of the front and/or side yard fence along shared property lines.
(Ord. 081-2023. Passed 10-3-23.)
1114.05 REQUIRED FENCES AND WALLS.
(a) Required Fencing for Certain Commercial Uses. Where a commercial use abuts a residential use, the commercial use shall construct a six (6) foot-tall opaque fence for the entire length of the shared property line(s) that are not within a front yard. Such a fence may be incorporated into any required buffer yard or perimeter landscaping requirements, provided any applicable requirements are met.
(b) Accessory Uses. In all nonresidential districts, the following accessory uses shall be screened to shield their direct view from six (6) feet above grade level from an adjacent public right-of-way or an abutting property:
(1) Prefabricated storage sheds.
(2) Satellite dish (or similar) antennas or receivers, unless located on a rooftop.
(c) Dumpsters and Storage Areas.
(1) All dumpsters and storage areas shall be screened on three (3) sides by a continuous edge of a building, solid fence, solid wall, or combination that is a minimum of one (1) foot taller than the dumpster or the material within the storage area to be screened. The fourth side shall also be a building edge, solid fence, or solid wall and may include an opaque gate.
(2) The fourth side of the enclosure for a dumpster or storage area may be offset up to five (5) feet from the other sides to provide pedestrian access without requiring the operation of a gate, as shown in Figure 1114.05 - Dumpster Enclosure.
(3) Any provided fences, walls, and gates that enclose a dumpster or storage area shall not be made of concrete masonry units and shall not be taller than eight (8) feet. This provision shall not be construed to limit the height or materials of a building.
(4) Where the minimum required height of a fence, wall, or gate enclosing a dumpster or storage area would exceed the maximum height permitted in Table 1114.05
- Fence and Wall Heights, the minimum height described herein shall be the maximum permitted height.
(d) Swimming Pools. To prevent uncontrolled access from children or pets, all swimming pools shall be fully enclosed by a continuous fence, wall, building, or combination that is not less than four (4) feet tall at any given point and maintained in good condition with a gate and lock. The barrier shall not allow the passage of a four (4) inch sphere (as per 2003 International Residential Code, section 105.2 (2). A swimming pool that is entirely within a secured building shall not require any additional fence or wall.
(e) Wireless Telecommunication Facilities. Regardless of the use of surrounding or abutting properties, all wireless telecommunication facilities and equipment shelters that do not meet the definition of a small cell facility shall be enclosed by a continuous solid fence or wall that is a minimum of six (6) feet tall. A fence or wall shall not be required if the wireless telecommunication facility is located on a rooftop where access to the roof or building is secure.
(Ord. 081-2023. Passed 10-3-23.)
1115.01 PURPOSE AND APPLICABILITY.
(a) Purpose. The purpose of these standards for outdoor lighting is to accomplish the following:
(1) Manage and/or limit outdoor lighting to prevent light pollution, light trespass, and glare.
(2) Conserve energy and protect natural resources.
(3) Facilitate safety and security of persons and property.
(b) Applicability. The lighting standards herein shall apply to the following:
(1) All exterior lighting fixtures that are installed within the City, unless expressly exempted herein.
(2) Streetlights installed prior to the effective date of this Article shall be replaced with compliant light sources when the streetlight becomes inoperable.
(3) All established exterior lighting fixtures that are replaced on or after the effective date of this Article.
(c) Exempted Fixtures. The following types of lighting are exempt from the standards of this Article:
(1) Lighting approved through and as part of federally funded and state-funded roadway construction projects, only to the extent that is necessary to comply with federal and state requirements.
(2) Full cutoff street lighting that is part of a federal, state, or municipal installation.
(3) Holiday lighting and other seasonal illuminated decorations that are not in use for more than seventy-five (75) consecutive days.
(4) Specialized lighting necessary for safety, such as navigation or runway lighting of airports, temporary lighting associated with emergency operations, or roadway hazard warnings.
(5) Traffic control signals and devices.
(6) Lighting of the United States flag pursuant to U.S. Flag Code guidelines.
(7) Motion-activated, intermittent home security lighting within residential districts. (Ord. 081-2023. Passed 10-3-23.)
1115.02 LIGHTING STANDARDS.
(a) Prohibited Light Features and Elements.
(1) All light trespass, lighting that spills over property lines and exceeds an average intensity of one-half footcandle along the property line, onto residentially zoned property is prohibited.
(2) In all districts except residential districts, accent lighting shall not be directed upward into the sky or onto adjacent properties. Emissions from accent lights shall not be visible above the roofline of the associated building or the tallest point of the associated structure.
(3) Strobe and/or flashing lights are prohibited.
(b) Lighting Fixture Design Requirements.
(1) All area lights, including street lights and parking area lights, shall be full cut-off fixtures.
(2) In all districts except residential districts, accent lighting shall be directed downward onto the illuminated object or area.
(3) Canopy lights shall be recessed sufficiently so that no light spills onto adjacent property or rights-of- way.
(4) Illumination levels and uniformity ratios shall be in accordance with current recommended standards set by the Illumination Engineering Society of North America (IESNA).
(5) All non-essential exterior commercial and residential lighting shall be turned off after business hours or when not in use.
(6) Sports fields and other outdoor recreation facilities shall use full cut-off fixtures unless it is demonstrated that such fixtures prevent the safe operation of the activity, including but not limited to baseball, softball, and football. For such facilities, partially shielded exterior light fixtures may be used and shall be turned off between the hours of 10:00 p.m. and 6:00 a.m.
(7) Security lighting shall include full cut-off fixtures, that are shielded and aimed so that illumination is directed to the designated areas.
(8) The height of parking lot lighting shall not exceed twenty-two (22) feet and shall be black in color.
(9) Exterior building illumination shall be from concealed sources.
(10) When indirectly lighting a ground sign, the light source shall be screened from direct view by motor traffic.
(c) Sign Lighting. Illumination and lighting of signs is subject to the provisions of Article 1112
- Signs. (Ord. 081-2023. Passed 10-3-23.)
1115.03 LIGHTING TO REFLECT AWAY.
In any use district where outdoor lighting is provided, such lighting shall be arranged so as to reflect away from adjoining properties and any public street or highway.
(Ord. 022-2024. Passed 5-21-24.)
1116.01 GENERAL PROVISIONS.
(a) Classifying Accessory Uses and Buildings. Accessory uses and accessory buildings are defined in the Definitions section of this Zoning Code. Where a given use or structure or a proposed use or structure does not clearly meet the definition of a primary use, accessory use, primary structure, or accessory structure, the Director of Public Service shall classify the use or structure based on, as appropriate:
(1) Information provided by the property owner, including the contents of a zoning permit application.
(2) Signage located on the property.
(3) Signage that identifies the property.
(4) The operation of similar uses and their common association with other uses.
(5) The size of a structure (including footprint area and height) in relation to the size of other structures on the same property.
(6) The location of a structure in relation to the location of other structures on the same property.
(b) Zoning Permit Required. Unless explicitly exempted, a Zoning Permit is required to establish, construct, or operate an accessory use and/or accessory structure.
(c) Conflict with Other Sections. The standards within this Section control unless a separate standard within this Zoning Code explicitly changes these provisions.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1116.02 ACCESSORY USES.
(a) Location. Accessory uses shall be located on the same property as the associated primary use.
(b) Permitted Uses and Size. Any use permitted within the given district shall be permitted as an accessory use so long as it is subordinate to the primary use in total gross floor area devoted to the accessory use.
(c) Operation. Accessory uses must continuously meet the definition of an accessory use. Should a change in operation cause the accessory use to meet the definition of a primary use, a new Zoning Permit shall be required.
(d) Home Occupations as Accessory Uses. Home occupations may be permitted as accessory to a residential dwelling under the following conditions:
(1) The home occupation shall be carried on solely within the property of the residential dwelling and may be within the primary structure or within an accessory structure.
(2) The home occupation shall occupy no more than twenty percent (20%) of the total floor area of the dwelling unit or fifty percent (50%) of the total floor area of the accessory structure within which the home occupation is operated.
(3) No more than three (3) non-resident employees shall work on said premises.
(4) Services may be rendered on the premises or elsewhere.
(5) No equipment, process, or storage associated with the home occupation shall create odors, noise, vibration, glare, electrical interference, or other nuisance detectable to normal senses outside of the subject property of the home occupation.
(6) All activities, materials, and equipment associated with the business shall take place or be stored within an enclosed building.
(7) No equipment or process shall create visual or audible interference in any radio or television receivers or other audio appliances that are used off the subject property, nor cause fluctuation in line voltage off the subject property.
(8) No equipment, process, or storage associated with a home occupation shall create any fire or explosion hazard, or involve the storage or use of hazardous materials in any concentration greater than that which would normally be found in a dwelling containing no home occupation.
(9) Waste materials, solid or liquid, shall not be created on the premises at a level greater than normal to the residential use, unless provisions for the disposition of said wastes are acceptable to the Franklin County Public Health and do not create a burden on adjoining property.
(e) Solar Facilities as Accessory Uses - Generally.
(1) Freestanding and roof-mounted solar panels or solar panel arrays shall be considered a permitted accessory use in all zoning districts in the City, subject to the regulations set forth below.
(2) Solar panels or solar panel arrays shall comply with all applicable building and electrical codes and, except as otherwise provided herein, comply with the zoning regulations for the district in which they are to be installed.
(3) A zoning permit shall be required for freestanding solar panels or ground-mounted solar panel arrays.
(f) Roof-mounted Solar Facilities. Roof-mounted solar panels or solar arrays shall conform to the following:
(1) Roof Line. A roof-mounted solar panel or solar panel array shall not be located so that it extends beyond the roof line in any direction including above and beyond the roof peak.
(2) Roof Height Projection. When located on a flat roof, solar panels or solar panel arrays shall not be project vertically more than ten feet from the surface of the flat roof. For purpose of this subsection, "flat roof" shall mean any roof that is less than seventeen (17) degrees or two-twelfths (2/12) pitch.
(3) Glare. Roof mounted solar panels or solar panel arrays shall not be positioned so as to create glare on to adjacent roads, buildings, lots, or rights-of- way.
(g) Freestanding Solar Facilities. Free-standing solar panels or solar arrays shall conform to the following:
(1) Location. Freestanding solar panels or solar panel arrays shall not be located in front of any principal building and shall not project past the width of the principal building.
(2) Height. The maximum height for any freestanding solar panel or solar panel array shall be the maximum height of an accessory structure in the base zoning district in which the solar panel or solar panel array is located.
(3) Glare. Freestanding solar panels or freestanding solar panel arrays shall be located so as not to create glare onto adjacent roads, buildings, lots, or rights-of-way.
(4) Lot Coverage. The maximum lot coverage for any freestanding solar panel or freestanding solar panel array shall be ten percent (10%) of the total lot area with the lot coverage being determined based upon the area of the face of the solar panels.
(5) Screening. All freestanding solar panels or freestanding solar panels with a ground storage battery shall secure such battery with a secure cover.
(6) Wind Resistance. All freestanding solar panels and freestanding solar panel arrays shall be able to withstand velocities of no less than 110 miles per hour. (Ord. 081-2023. Passed 10-3-23.)
1116.03 ACCESSORY STRUCTURES.
(a) Exempt from Zoning Permit. Accessory structures that have a footprint area of less than 100 square feet and that are not located in a front yard are exempt from requiring a zoning permit. This provision shall not be construed to exempt signage from requiring a zoning permit.
(b) Location and Design. Accessory structures shall meet the following standards:
(1) Accessory structures shall not be located in a front yard.
(2) Accessory structures shall not exceed the height or footprint area of the primary structure on the same property.
(3) Accessory structures shall observe the same setback requirements that apply to primary structures on the subject property unless explicitly exempted in Section 1110.01
- Permitted Exceptions to Dimensional Standards.
(c) Signage. Signage on accessory structures is subject to the applicable provisions of Article 1112
- Signs.
(d) Parking. Parking that is associated with accessory structures is subject to the applicable provisions of Article 1111
- Parking, Loading, and Drive-Throughs.
(e) Specific to Accessory Dwelling Units. An accessory dwelling unit may only be constructed on a lot with a legally existing principal residential use, and it shall comply with the following:
(1) An ADU shall not be located any closer to any public right-of-way than the main building.
(2) An ADU shall satisfy the side and rear setbacks for the applicable zoning district.
(3) An ADU shall not exceed fifty percent (50%) of the size of the primary dwelling unit.
(4) An ADU shall not exceed the lesser of (a) the height of the primary dwelling unit or (b) the maximum permitted height of the district standards.
(5) An ADU shall have exterior finish materials that are compatible with the primary dwelling unit.
(6) An ADU shall be allowed one (1) entrance, which is to be located on the primary façade facing the street.
(Ord. 081-2023. Passed 10-3-23.)
1117.01 PROHIBITED DEVELOPMENT.
(a) Manufactured or Mobile Homes Prohibited. Manufactured homes, mobile homes, or similar portable residential structures are prohibited within the City.
(b) Manufactured or Mobile Home Park. Manufactured or mobile home parks, also known as trailer parks, are prohibited within the City.
(Ord. 081-2023. Passed 10-3-23.)
1117.02 NONCONFORMING DWELLINGS.
(a) Legally Established Dwellings. Legally established nonconforming dwellings shall be subject to the provisions of Title Five - Nonconformities.
(b) Illegally Established Dwellings. Nonconforming dwellings that are not legally established shall be brought into compliance or shall be removed.
(Ord. 081-2023. Passed 10-3-23.)
1118.01 PURPOSE.
The purpose of this Code is to regulate the placement, construction, and modification of wireless telecommunication facilities and their support structures in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of the Code are:
(a) To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the City.
(b) To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities.
(c) To minimize adverse visual impacts of towers and wireless telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
(d) To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
(e) To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly designed, and adequately constructed or modified, appropriately maintained, and fully removed upon abandonment.
(f) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses.
(g) To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
(Ord. 081-2023. Passed 10-3-23.)
1118.02 APPLICABILITY.
(a) Applies to All Telecommunications. All towers, antenna support structures, and wireless telecommunication facilities, any portion of which are located within the City, are subject to this Code.
(b) Nonconforming Telecommunications. Except as provided in this Code, any use being made of an existing tower or antenna support structure on the effective date of this Code shall be deemed a nonconforming structure and shall be allowed to continue, even if in conflict with the terms of this Code.
(Ord. 081-2023. Passed 10-3-23.)
1118.03 GENERAL STANDARDS.
(a) Construction Standards. All wireless telecommunication facilities and support structures shall be certified by an engineer licensed in the State of Ohio to be structurally sound and, at a minimum, in conformance with the Ohio Basic Building Code.
(b) Natural Resource Protection Standards. The location of the wireless telecommunication facility shall comply with all natural resource protection standards established either in this Zoning Code or in other applicable regulations, including those for flood plains.
(c) Color and Appearance Standards. All wireless telecommunication facilities shall be painted a non- contrasting gray or a similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission or Federal Aviation Administration. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the City.
(d) Advertising Prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.
(e) Artificial Lighting Restricted. No wireless telecommunication facility shall be artificially lit except as required by the Federal Aviation Administration.
(f) Co-location. All wireless telecommunication facilities shall be subject to the co-location requirements set forth in Section 1118.04
- Co-Location Requirements.
(g) Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in Section 1118.10
- Abandonment and Termination of Use.
(h) Setback from Edge of Roof. Any wireless telecommunication facility and its appurtenances permitted on the roof of a building shall be set back one (1) foot from the edge of the roof for each one (1) foot in height of the wireless telecommunication facility. However, this setback requirement shall not apply to antennas that are less than two (2) inches in thickness mounted to the sides of antenna support structures and do not protrude more than six (6) inches from the side of such an antenna support structure. This requirement is subject to change by the City upon the review of the photo simulation provided in compliance with Section 1118.11
- Application and Review Requirements.
(i) Security Enclosure Required. All towers and equipment shelters shall be completely enclosed by a fence or solid wall. The City and co-locators shall have reasonable access No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
(j) Existing Vegetation and Buffer Plantings. Existing vegetation (trees, shrubs, etc.) shall be preserved to the maximum extent possible. All telecommunications towers and related structures shall be landscaped with a continuous six (6) foot-high planting or hedge. Earth mounding of three (3) feet in height may be used to achieve the overall buffer height of six (6) feet. Natural vegetation shall have a minimum opaqueness of seventy-five percent (75%) during full foliage when viewed from two (2) to five (5) feet above the ground. Full opaqueness shall be achieved not more than three (3) years from time of planting.
(k) Access Control and Emergency Contact. "No Trespassing" signs shall be posted around the wireless telecommunications facility, along with a twenty-four (24) hour telephone number of who to contact in the event of any emergency.
(l) Annual Certification of Continued Use and Structural Integrity. All wireless telecommunications providers shall annually file a declaration with the Director of Public Service to the continuing operation of every facility installed subject to this Zoning Code. The owner/ operator of antennas or antenna towers shall provide annually a certification from a registered professional engineer regarding the structural integrity and safety of the antennas or antenna towers in conformance with this Zoning Code.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1118.04 CO-LOCATION REQUIREMENTS.
(a) Co-location Design Required. No new tower shall be constructed in the City unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another person.
(b) Technically Suitable Space. Authorization for a tower shall be issued only if there is no technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.
(c) Application Requirements. With the permit application, the applicant shall list the location of every tower, building, or structure within a reasonable proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another communication tower owned by another party within such area is technically suitable, the applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant on reciprocal terms with the City, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available. (Ord. 081-2023. Passed 10-3-23.)
1118.05 WIRELESS TELECOMMUNICATION FACILITIES IN SPECIFIED AREAS.
(a) Permitted Locations. Telecommunication towers and facilities may be constructed as a permitted use within the Industrial District (INDD).
(b) Special Permit Locations. Telecommunication towers and facilities may be constructed upon approval of a Special Permit (per Section 1125.04
- Special Use Permit) in the following locations:
(1) Publicly owned properties that are not within the Main Street District (MAIN) or Broad Street District (BRD).
(2) BRD and CCD districts located on the north side of Broad Street.
(c) Co-locations. When a telecommunication provider wishes to co-locate on an existing tower in an area where special permits are required, no additional special permit shall be needed provided any accessory structures or equipment does not exceed the space already set aside by the original use. (Ord. 081-2023. Passed 10-3-23.)
1118.06 SPECIAL PERMITS FOR PERSONAL RADIOS.
Antennas used for personal or "ham" radios and citizens band (CB) radios are permitted in any district by special permit (per Section 1125.04
- Special Use Permit) provided they meet the following requirements:
(a) Location of Antenna.
(1) No antenna installation shall be constructed in any front or side yard.
(2) All installations shall be constructed to the rear of the residence or main structure, unless a tower would be attached to the principal structure, in which case it may be located to the side.
(3) In no instance shall an antenna installation be erected within a required minimum setback.
(b) Height Restrictions. No antenna installation shall be constructed to a height greater than the distance from the center of the base thereof to the nearest property line less than ten percent (10%) of the height of the antenna, unless the design of the antenna foundation and guying system have been designed by, and the plans and computations imprinted with the seal of, a professional engineer registered to practice in the State of Ohio, and these plans and computations are placed on file with the Director of Public Service.
(c) Ground-mounted Satellite Dishes. Ground-mounted satellite dishes shall be governed by the following additional requirements:
(1) All satellite dish antenna installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.
(2) All satellite dish antenna installations shall employ materials and colors that blend with the surroundings.
(d) Roof-mounted Satellite Dishes. Roof-mounted satellite dish antennas may be permitted provided:
(1) The applicant demonstrates that a ground-mounted installation would obstruct the antenna's reception window and that such obstructions involve factors beyond the control of the applicant.
(2) The applicant provides certification by a registered engineer that the proposed installation conforms to the structural requirements of the Ohio Building Code.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1118.07 HEIGHT AND SETBACK REQUIREMENTS.
Telecommunication towers and facilities regulated herein are subject to the following requirements:
(a) Maximum Height. The maximum height shall be no greater than 130 feet.
(b) Minimum Setback from Property Lines. The minimum setback from property lines shall be fifty percent (50%) of the height of the tower.
(c) Minimum Setback from Residential Structure. No tower shall be located less than the height of the tower from a structure used as a residence on any adjoining lot.
(d) Equipment Shelter. The minimum setbacks and yard requirements for principal structures shall apply.
(Ord. 081-2023. Passed 10-3-23.)
1118.08 ABANDONMENT AND TERMINATION OF USE.
(a) Removal of Nonfunctioning Facility. All providers utilizing towers shall agree to remove a nonfunctioning facility within six (6) months of ceasing its use and return the site to its pre-existing condition or sell it at an agreed upon price to the real estate owner of the land upon which the tower is located.
(b) Required Notification. All providers utilizing towers shall present a report to the City notifying it of any tower facility located in the City whose use will be discontinued and the date this use will cease. Such report shall be filed with the Director of Public Service thirty (30) days prior to the cession date. If at any time the use of the facility is discontinued for 180 days, the Director of Public Service may declare the facility abandoned. If dismantling does not occur, the City will either remove the facility or will contract to have the facility removed and assess the tower owner/operator or real estate owner the costs.
(Ord, 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1118.09 APPLICATION AND REVIEW REQUIREMENTS.
(a) Required Information. All applications for wireless telecommunication facilities, including towers, shall include the information required under this section.
(b) Plot Plan Required. When a proposed wireless telecommunications facility or antenna support structure is to include a new tower, a plot plan at a scale of not less than one (1) inch equals 100 feet shall be submitted. This plot plan shall indicate all building and land uses within 200 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
(c) Photo Simulations Required. Photo simulations of the proposed wireless telecommunication facility from affected residential properties and public rights of way taken at designated locations shall be provided.
(d) Technical Necessity. The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to provide adequate coverage to the applicant's service area. There shall be an explanation of why a tower and the proposed site is technically necessary.
(e) Land Owner Support and Access. Where the wireless telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property supports the application and vehicular access is provided to the facility.
(f) Required Site and Landscaping Plan. The applicant shall present a site and landscaping plan showing the following:
(1) Specific placement of the wireless telecommunication facility on the site.
(2) The location of existing structures, trees, and other significant site features.
(3) Type and locations of plant materials used to screen the facilities.
(4) The proposed color of the facilities.
(5) Co-location and removal agreement. The applicant shall present signed statements indicating that:
A. The applicant agrees to allow for the potential co-location of additional wireless telecommunication facilities by other providers on the applicant's structure or within the same site location; and
B. The applicant agrees to remove the facility within 180 days after its use is discontinued.
(g) Denial by Jurisdiction. Any decision to deny a request to place, construct or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.
(Ord. 081-2023. Passed 10-3-23.)
1118.10 VARIANCES.
Any request to deviate from any of the requirements of this Code shall require approval of a variance in conformance with the procedures set forth in the City Planning and Zoning Code.
(Ord. 081-2023. Passed 10-3-23.)
1118.11 SEPARABILITY.
Should any section, clause, paragraph, sentence, item, phrase, or provision of this Code be declared by a Court of competent jurisdiction to be unconstitutional or invalid, such decision
shall not affect the validity of this Code as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 081-2023. Passed 10-3-23.)
1119.01 GENERAL STANDARDS.
Defined terms in this section are given their meaning from Section 4939.01 of the Ohio Revised Code, as may be amended from time to time.
(Ord. 081-2023. Passed 10-3-23.)
1119.02 PERMITS.
(a) Zoning Permit Required. A zoning permit is required for any of the following work in, along, across, upon, and under a privately owned property, where permitted by the applicable district and subject to applicable setback, height, and similar standards:
(1) Collocation of a small cell facility.
(2) Construction, maintenance, modification, operation, or replacement of wireless support structures.
(b) Zoning Permit Not Required. As required by Section 4939.031(A) of the Ohio Revised Code, as may be amended, the following work does not require a zoning permit from the City of Whitehall where such work takes place in, along, across, upon, and under the public way by an operator as defined per Section 4939.01 of the Ohio Revised Code:
(1) Collocation of a small cell facility.
(2) Construction, maintenance, modification, operation, or replacement of wireless support structures.
(Ord. 081-2023. Passed 10-3-23.)
1119.03 APPLICATIONS.
(a) Consolidated Applications. As required and authorized by Section 4939.0312(A) of the Ohio Revised Code, as may be amended:
(1) The City of Whitehall shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person's discretion, a consolidated application for consent under Section 4939.031 of the Ohio Revised Code for up to thirty (30) small cell facilities requests in a single application or up to thirty wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures.
(2) A single application may only address multiple small cell facilities or multiple wireless support structures if they each involve substantially the same type of small cell facilities or substantially the same type of wireless support structures.
(3) The City of Whitehall may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.
(b) Application Fees.
(1) As authorized by Section 4939.0316 of the Ohio Revised Code (and as may be amended), the City of Whitehall may impose a one-time fee of up to two hundred fifty dollars ($250.00) per application small cell facility, with adjustments to the fee authorized by that same Section.
(2) As authorized by Section 4939.0312(B) of the Ohio Revised Code (and as may be amended), in the case of a consolidated application, the City of Whitehall may apply a cumulative fee, or may opt to reduce such fees to encourage the submission of consolidated applications.
(c) Submittal Information. A complete application for construction, modification, or replacement of a wireless support structure associated with a small cell facility shall include the following:
(1) The name of the operator or person who owns or will own the small cell facility or wireless support structure.
(2) A site plan that shows the footprint of a ground- mounted small cell facility and/or wireless support structure to scale, along with to-scale information of existing boundaries of public ways, locations of existing poles, and visible/above- ground infrastructure including sidewalks, curbs, crosswalks, and paved roadways within 300 feet of the proposed location.
(3) An elevation drawing that lists the dimensions and shows the height and width of a ground-mounted small cell facility and/or wireless support structure with its associated small cell facility to scale.
(d) Excluded Submittal Information. The City shall not require any of the information that is excluded from review and consideration as listed in Section 4939.0313 of the Ohio Revised Code, as may be amended.
(Ord. 081-2023. Passed 10-3-23.)
1119.04 CONSTRUCTION AND DESIGN REQUIREMENTS.
As authorized by Section 4939.0314 of the Ohio Revised Code (and as may be amended), the following standards apply to the placement of any small cell facility or wireless support structure in a public way.
(a) Spacing Requirements. New wireless support structures shall be spaced a minimum of 600 feet from any existing wireless support structure.
(b) Stealth Design. All externally viewable elements of a wireless support structure and/or small cell facilities shall be painted (or otherwise finished) in a solid black color , except for any required lights, identification markings, or elements whose operation would be negatively impacted by a solid black color paint or finish.
(c) Avoiding Sidewalks and Intersections.
(1) New wireless support structures shall not obstruct any existing sidewalks nor be installed within the footprint of a planned sidewalk, where such a plan specifically identifies the location of the sidewalk and where such a plan was formally adopted by the City prior to the date of a complete application for a wireless support structure.
(2) A wireless support structure shall be located at least fifty (50) feet away from a crosswalk, an ADA- compliant sidewalk ramp, and/or the corner point of a curb or sidewalk at an intersection or two (2) or more public ways. This provision shall not be construed to prohibit the collocation of a small cell facility on an existing pole that does not require replacement to accommodate the small cell facility.
(d) Location of Wireless Support Structures. The City may require or propose an alternative location of a new wireless support structure where, within one hundred (100) feet of the proposed location or within a distance that is equivalent to the width of the public way in or on which the new wireless support structure is proposed - whichever is greater, any of the following options for locating a new wireless support structure are available:
(1) A wireless support structure shall be located within a curbed median.
(2) If a curbed median is not available, a wireless support structure shall be located within a tree lawn or similar grass/soil strip between a sidewalk and a curb.
(3) If neither a curbed median nor a tree lawn is available, a wireless support structure shall be located along the non-street-side edge of a sidewalk in a manner that does not reduce the width or maneuverability of the sidewalk for ADA compliance.
(e) Landscaping and Screening. A ground-mounted small cell facility shall incorporate the installation of a bike rack and/or native grasses and flowers within any non-paved areas extending up to four (4) feet from the base of the small cell facility. This provision shall not be construed to require installation of a bike rack or native grasses and flowers in a manner that obstructs access to or operation of the small cell facility.
(f) Completion of Construction. A permit that is granted for a collocation or a new wireless support structure shall be completed within 180 days after the issuance of the permit, unless the City and the operator agree to extend this period. If such time passes before the completion of construction or implementation, the issued permit shall become void unless the City grants an extension in writing to the operator.
(g) Height Restrictions.
(1) Generally, the overall height of a proposed wireless support structure and any collocated antennas shall not be more than forty (40) feet in height above ground level.
(2) The overall height of a proposed wireless support structure and associated small cell facilities shall not exceed thirty-five (35) feet above ground level where the proposed new wireless support structure is within 300 feet of the proposed site for a new wireless support structure in the same public way or a connecting public way, and there are no wireless support structures or utility poles taller than thirty (30) feet in height above ground level; and where the maximum allowable height for building construction in the underlying zoning district is thirty-five (35) feet in height above ground level or less.
(3) For an existing wireless support structure, any proposed antenna and associated shroud or concealment material shall not increase the height of the existing wireless support structure by more than five (5) feet.
(Ord. 081-2023. Passed 10-3-23.)