Worthington City Zoning Code
TITLE SEVEN
Zoning General Provisions
1170.01 PURPOSE AND INTENT.
Signs can obstruct views, distract, or confuse motorists, displace alternative uses for land, lead to visual clutter, harm community aesthetics, and pose other problems that call for regulation. The City has significant and compelling interests in reducing these harms; these regulations are designed to be content-neutral and narrowly tailored to these interests, and to leave ample alternative channels of communication available. The purpose of this chapter is the following:
(a) To protect the general health, safety and welfare by:
(1) Protecting and encouraging a more attractive economic and business climate;
(2) Providing an instrument for protecting the physical appearance of the community; and
(3) Encouraging high quality, effective outdoor graphics for the purposes of navigation, information, and identification.
(b) To encourage the proper development and use of signage and to permit and regulate signs in such a way as to support and complement land-use objectives set forth in the Zoning Ordinance.
(c) To provide businesses in the City with equitable sign standards in accord with fair competition and aesthetic standards acceptable to the community, to provide the public with a safe and effective means of locating businesses, services and points of interest within the city, and to provide for a safe vehicular and pedestrian traffic environment.
(d) In addition to protecting from distractions and obstructions that can contribute to traffic and pedestrian accidents, it is the intent of these regulations to control and regulate signs to prevent them from negatively impacting adjacent properties and the community.
(e) It is the City’s intent to comply with all requirements of the U.S. and Ohio constitutions and statutes requiring that sign regulations remain content neutral.
(Ord. 36-2023. Passed 6-17-24.)
1170.02 DEFINITIONS.
(a) “Abandoned sign” means a sign associated with an abandoned use or a sign that remains after the termination of the business.
(b) “Animated sign” means any sign that uses or has the appearance of movement or change of artificial and natural lighting or noise to depict action or create a special effect or scene.
(c) “Awning sign” means a sign painted on or affixed to an awning.
(d) “Banner” means a non-rigid cloth, plastic, paper, or canvas sign, used on a temporary basis.
(e) “Billboard” means an off-premises sign directing attention to a specific business, product, service, entertainment or other activity sold, offered, or conducted off-site on a lot or parcel.
(f) “Blade sign” means a sign, other than a wall sign, suspended from or supported by a building and projecting out from a building.
(g) “Bulletin board” means a sign for public and semi-public uses with non-digital changeable copy that is used for the purpose of publicizing public events.
(h) “Changeable Copy Sign” means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged by mechanical, electronic, or manual means.
(i) “Construction fence sign” means signs affixed to construction fencing.
(j) “Construction period sign” means a temporary sign erected only between the time a permit for construction is issued and until construction is completed.
(k) “Directional sign” means a sign used to direct on-site traffic.
(l) “Directory sign” means small signs or placards affixed to a wall adjacent to the main entrance to a multiple-tenant building typically used to list tenants located within the building.
(m) “EV (Electric Vehicle) charging station signs” are signs that are affixed to or painted on an EV charging station.
(n) “For sale/for lease sign” means a sign indicating the sale, rental, or lease of a structure or property.
(o) “Gas-inflated sign or device” means any device which is capable of being expanded by any gas and used on a permanent or temporary basis to attract attention to a product or event, whether or not the sign or device includes any movement or moving parts. This definition includes both hot- and cold-air balloons tethered or otherwise anchored to the ground.
(p) Gasoline fuel pump signs are signs that are affixed to or painted on gasoline fuel pumps.
(q) “Governmental sign” means a sign erected and maintained pursuant to and in discharge of any government functions or required by law, ordinance, or other governmental regulations. Governmental signs shall include but not be limited to traffic control or similar regulatory devices, official signs and notices, official “Welcome to Worthington” signs, “Block Watch” signs, “Tree City USA” signs, legal notices, warnings at railroad crossings, or any other such sign required by law.
(r) “Ground sign” means any sign which is physically attached to a sign structure. These are commonly known as ground, pole, or monument signs.
(s) “Historical Marker” means a marker that meets the qualifications of the Ohio History Connection.
(t) “Illuminated sign” means any sign lighted by or exposed to artificial lighting either by light on or in the sign or directed toward the sign.
(u) “Internal sign” means an indoor sign viewed through glass from the exterior of the building or structure.
(v) “Joint identification sign” means a ground sign displaying more than one tenant.
(w) “Logo” means a graphic representation on a sign of a corporate trademark, or symbol of a company name, trademark, emblem, figure, element, abbreviation, etc., uniquely designed for recognition.
(x) “Nonconforming sign” means a pre-existing legal sign, which does not conform to the standards set forth in this code.
(y) “Off-premises sign” means a sign located on a property other than the property where the goods or services are sold or offered for sale.
(z) “Pennant” means a banner often wider at one end than the other, usually tapering to a point(s).
(aa) “Permanent sign” means any permitted or legal nonconforming sign intended to remain in place. A permanent sign must be securely attached or installed upon a building, structure, or the ground.
(bb) “Portable sign” means any sign that is designed to be or capable of being moved or transported, and not attached to any building, structure, or ground.
(cc) “Professional nameplate” means a sign displaying the name of the business or occupant of a specific space in a building.
(dd) “Projected image” means an image projected onto a building, structure, or sign.
(ee) “Promotional signs” means a temporary sign that provides information regarding a special event, community activity, or similar activity.
(ff) “Refacing” means any alteration to the face of a sign involving the replacement of materials or parts. Refacing does not refer to replacing the entire sign structure or the removal of the sign.
(gg) “Residential development sign” means a sign identifying a subdivision or other single or multi-family development.
(hh) “Roof sign” means any sign installed, erected upon, against or directly above the parapet of a building, including a sign affixed to any structure erected upon a roof.
(ii) “Sale, leasing or open house period sign” means a temporary sign erected only during any period when a premises or part thereof is actively offered for sale or lease, including open houses.
(jj) “Scoreboard” means an electronically- or non-electronically (mechanical) controlled changeable copy sign used to display scoring information for sporting events. Such signs are associated with a sports field.
(kk) “Sidewalk sign” means a temporary sign intended to be placed on the ground.
(ll) “Sign permit” means the document issued by the Director of Planning and Building or designee authorizing construction and installation of signs.
(mm) “Sign” is defined as any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, whether permanent or temporary, which is affixed to, painted on, represented directly or indirectly upon, or projected onto a building, structure, lot, or other device, whether mobile or affixed to the ground, and which directs attention to any object, product, place, activity, person, institution, organization, or business. This definition includes all signs visible from any public right-of-way or adjacent property, including interior signs oriented toward the exterior façade of any building or structure as well as back-lighted panels or strip lighting affixed to any window or interior of a building but visible from the exterior that serves to identify and attract attention rather than illuminate space for human activity.
(nn) “Sign face” means the surface intended for the display of information on the sign.
(oo) “Sign structure” means the supporting unit of a sign face, including, but not limited to, frames, braces, and poles.
(pp) “Street address sign” means a sign bearing only the street address of the properties on which they are located for the purpose of aiding first responders.
(qq) “Temporary sign” means any sign that does not meet the definition of a “Permanent sign”.
(rr) “Wall sign” means a sign which is physically attached to a building façade or associated appurtenance and intended to provide visibility for either pedestrians or motorists. Wall signs are typically used to identify commercial tenants within the building or to identify the general name of a residential building or associated development.
(Ord. 36-2023. Passed 6-17-24.)
1170.03 SIGN PERMIT REQUIRED.
(a) Sign Permit.
(1) All signs located on land within or hereafter annexed to the City shall comply with this chapter unless specifically exempt by Section 1170.06.
(2) No person shall locate or retain any sign, or cause a sign to be located, relocated, altered, modified, or retained unless all provisions of this chapter have been met.
(3) To ensure compliance with these regulations, a sign permit shall be secured from the Director of Planning and Building or designee for signs unless such signs are specifically exempted in this chapter. All signs associated with a property may be part of the same permit application.
(4) Permit Fees will be required when the permit is approved.
(b) Submittal Requirements. Each application for a sign permit shall be accompanied by the following information:
(1) A drawing showing the design proposed;
(2) The size, style, and color of letters, lines, symbols, and graphics;
(3) The method of illumination;
(4) A site plan showing the exact location of signs in relation to the building, property lines, and easements;
(5) The details and specifications for construction; and
(6) Or any other information deemed relevant by the Director of Planning and Building or designee.
(c) Fee.
Fees shall be paid as follows:
SIGN TYPE | FEE PER SIGN |
Sign area less than 16 square feet | $50/sign |
Sign area 16-32 square feet | $100/sign |
Sign area greater than 32 square feet | $150/sign |
Change to the faces of a sign that does not modify the area of the sign, sign cabinet, or electrical service. Fees are exempted for Public Uses | $25/sign |
(Ord. 36-2023. Passed 6-17-24.)
1170.04 PROHIBITED SIGNS.
The following signs are prohibited unless otherwise permitted as referenced herein.
(a) Billboards;
(b) Changeable copy, except for gasoline station price signs and transaction information, EV charging station price signs and transaction information, bulletin boards, scoreboards, and drive-thru menu boards;
(c) Externally visible neon and neon look-alike signs, except where allowed otherwise in this chapter;
(d) Flashing signs, projected images, and animated signs, and signs with moving or moveable parts;
(e) Off-premises signs, except for sidewalk signs where permitted;
(f) Pennants, feather flags, banners, streamers, or spinners;
(g) Portable signs, except for sidewalk signs where permitted;
(h) Roof signs;
(i) Search lights or laser lights;
(Ord. 36-2023. Passed 6-17-24.)
1170.05 PROHIBITED SIGN LOCATIONS.
Signs may not be installed in any of the following locations:
(a) Closer than ten feet to any public right-of-way or in any public right-of-way or highway easement, unless specifically authorized by this chapter or the City;
(b) In any utility easement or no-build zone;
(c) In any public park or other public property, unless specifically authorized by this chapter or the City;
(d) On any traffic control signs, fences, utility poles, street signs, trees, or other natural objects unless specifically authorized by this chapter; and
(e) In any R, AR or SC Zoning District unless specifically authorized by this chapter.
(Ord. 36-2023. Passed 6-17-24.)
1170.06 PERMITTED SIGNS NOT REQUIRING A PERMIT.
The following signs do not require a permit or Architectural Review Board approval but are subject to the restrictions listed in this chapter unless expressly exempted. Nothing in this section shall be construed to allow any sign which is prohibited in Section 1170.04 and Section 1170.05, unless any such sign is expressly permitted.
(a) ATM Signs. Signage for all ATM's (Automated Teller Machines) shall be limited to one square foot of sign area per each individual ATM and include no more than four colors. ATM signs are excluded in the computation of sign area.
(b) Barber Poles. According to Ohio state law, all barber shops must display either a barber pole or a window sign reading “Barber.” If a pole is displayed, it may not exceed twenty-eight (28) inches in height.
(c) Construction Period Signs.
(1) General. Construction period signs are permitted for the purpose of identifying or screening a construction project.
(2) Location. Must be installed on the property for which a valid permit is in effect.
(3) Illumination. May not be illuminated.
(4) Construction period fence signs.Shall be affixed to construction fencing and shall not extend beyond the associated fence, in terms of height, width, or other measurement or dimension.
(5) Construction Period Ground Signs. Non-residential construction period ground signs shall not exceed thirty-two (32) square feet in area or sixteen (16) square feet per side for double sided signs, and eight (8) feet in height. One sign shall be allowed per street frontage. Residential construction period ground signs shall not exceed six (6) square feet in area or three (3) square feet per side for double sided signs, and three (3) feet in height. One sign shall be allowed per street frontage.
(6) Duration. Approval shall be no more than the period of construction.
(d) Directional Signs. The display area for directional signs shall not exceed six (6) square feet in area or three (3) square feet per side for double sided signs, and three (3) feet in height. No more than fifty percent (50%) of the graphic area may be non-directional information. The total area for all such signage shall be no more than twenty (20) square feet per parcel. Directional signs at the entrance to a property may be closer than ten (10) feet to the right-of-way and shall be subject to Architectural Review Board approval in the Architectural Review District.
(e) EV Charging Stations. Signs shall be permitted on EV (electric vehicle) charging stations provided such signs do not exceed four (4) square feet in area total and include no more than four (4) colors. Such signs are excluded in the computation of sign area.
(f) Gasoline Fuel Pumps. Signage shall be permitted on fuel pumps as are required by law provided each sign does not exceed one (1) square foot in area. Such signs are excluded in the computation of sign area.
(g) Governmental Signs.
(h) Historical Markers. Ohio Historical Markers meeting the qualifications of the Ohio History Connection shall be exempt from all dimensional requirements of Code and shall not be subject to Architectural Review Board approval.
(i) Internal Signs. Internal signs may be attached to the surface of glass provided the total area does not occupy more than twenty-five percent (25%) of the area of the glass upon which it is affixed. Internal signs that occupy more than twenty-five percent (25%) of the area of the glass or are illuminated must be at least four (4) feet away from any exterior glass. Internal signs are excluded in the computation of sign area.
(j) Professional Nameplates Not Exceeding Two Square Feet in Area.
(k) Sale or Leasing Period Signs.
(1) Location. Must be installed on the property that is the subject of the sign.
(2) Illumination. May not be illuminated.
(3) Non-residential sale or leasing period signs.
A. General. Non-residential sale or leasing period signs are permitted in all non-residential districts.
B. Number. There shall be no more than one ground sign per site on properties with less than 200 feet of frontage. For properties with 200 feet of frontage or more, one additional sign is permitted spaced at least 100 feet from the other sign.
C. Size. Such signs shall not exceed sixteen (16) square feet in area or eight (8) square feet per side for double sided signs and six (6) feet in height.
D. Duration. Such signs shall be permitted for thirty (30) days continuously and no more than ninety (90) total days in a calendar year and must be removed within fourteen (14) days after the sale, rental, or lease has occurred.
E. Construction. Such signs shall be professionally designed and constructed. Plywood and cardboard are not permitted materials.
(4) Residential sale or leasing period sign.
A. General. Residential sale or leasing period signs are permitted in all residential districts.
B. Number. One sign is permitted per property.
C. Size. Such signs shall not exceed six (6) square feet in area or three (3) square feet per side for double sided signs, and three (3) feet in height.
D. Duration. Such signs shall be permitted during any period when any premise or part thereof is actively offered for sale or lease and must be removed no later than fourteen (14) days after the premises or part thereof is occupied by a new owner or tenant.
(5) Residential open house sign.
A. General. Residential open house signs shall be permitted on the property open for inspection.
B. Duration. Such signs shall be permitted only when the property is open for inspection.
C. Size. Such signs shall not exceed six (6) square feet in area or three (3) square feet per side for double sided signs, and three (3) feet in height.
(l) Sidewalk Signs. Sidewalk signs may be located on the sidewalk or tree lawn in front of a business establishment in the C-5 Central Commercial District, as well as on parcels with frontage on High Street between North Street and South Street.
(1) Such signs shall be limited to a maximum of one for each business or tenant, and placed on the sidewalk only during the hours the business is open.
(2) Sidewalk signs shall be located not closer than five (5) feet from the back edge of the curb, a minimum of ten (10) feet from any other sidewalk sign and allow a minimum of five (5) feet of sidewalk in front of each business for pedestrian circulation.
(3) Sidewalk signs may be double-sided and shall be no wider than three (3) feet and not taller than five (5) feet in height including any base. Signs with a three (3) -dimensional form shall not exceed thirty (30) cubic feet in area. The signs shall be suitable for pedestrian traffic and shall not be illuminated.
(4) Any sign erected that fails to satisfy the regulations of this section shall be removed immediately upon notification. Sidewalk signs shall be sufficiently stable and safe. Any sign found to be unsafe or to present a hazard as determined by the City’s Director of Service and Engineering shall be removed immediately upon notification.
(m) Street Address Signs. An owner, occupant(s) or person(s) having control of a residential, commercial, industrial, or public building shall display the numerical address of the building meeting the following requirements.
(1) All street address signs shall be displayed using commonly recognized numbers.
(2) The color of the numbers shall contrast to the color of the surface on which they are mounted, and the numbers shall have an unobstructed view from the street on which the building is numbered.
(3) The numbers shall be placed on the wall of the building facing the street on which the building is numbered.
(4) For buildings not having entrance doors facing the street on which the buildings are numbered, numbers of all units within such building shall be placed either on the wall of the building facing the street on which the building is numbered or on a sign not greater than two (2) square feet in area.
(5) The owner of a residential building may post additional sets of address numbers provided that one set complies with the provisions of this section.
(6) For residences, such numbers shall be a minimum of three (3) inches in height.
(7) For non-residential uses, the minimum height of numbers and letters shall vary according to front setback, as follows.
A. If the setback is less than 100 feet, the minimum height is twelve (12) inches, and the maximum height is twenty-four (24) inches.
B. For setbacks between 100 feet and 200 feet, the minimum height is eighteen (18) inches, and the maximum height is thirty-six (36) inches.
C. For setbacks over 200 feet, the minimum height is twenty-four (24) inches, and the maximum height is forty-eight (48) inches.
(Ord. 36-2023. Passed 6-17-24.)
1170.07 GENERAL REQUIREMENTS FOR PERMANENT AND TEMPORARY SIGNS.
(a) General Requirements.
(1) All signs must be constructed to meet all current building code regulations.
(2) No sign shall interfere with vehicular or pedestrian safety in any manner.
(3) All signs and related surroundings shall be properly maintained and shall not show signs of rust or corrosion, exposed wiring, chipped paint or faces, cracked, broken, or missing faces, or loose materials.
(4) The structural integrity of all sign foundations must be maintained.
(5) All signs shall be constructed of quality materials commensurate with the duration of sign and that are colorfast.
(b) Design Requirements.
(1) Illumination. External illumination is preferred and shall be installed so that the light source is not visible and does not illuminate the public right-of-way, sidewalks, and adjoining premises. Internally illuminated signs shall be constructed so as to allow the illumination of only letters, numbers or other identifying symbols on the display surface. No light shall pass through the background.
(2) Styles. Signs shall be comprised of not more than two (2) styles of lettering plus one logo. There shall be not more than three (3) sizes of all such lettering, including a logo.
(3) Colors. Not more than four (4) colors, including black and white, shall be used on any sign.
(c) Measurement.
(1) Sign area is calculated by totaling all display areas of a sign, including sign faces, molding, and framing, but excluding supporting members less than or equal to twenty-four (24) inches in width.
(2) Allowable permanent sign area for any single business shall be limited according to the widths of the building or part of the building occupied by such enterprise. For the purposes of this section, width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area for signage.
(3) For ground signs, planters, or other decorative supporting structures shall be excluded in the computation of sign area unless the structure exceeds two (2) feet in height or eight (8) feet in width, in which case the entire structure shall be included in the computation of sign area.
(4) The area for wall signs, including those that consist of individually mounted letters, numbers, or other symbols, on a fascia or wall or other permanent or temporary structure shall be the area of a rectangle circumscribed around the letters, numbers, or other symbols.
(Ord. 36-2023. Passed 6-17-24.)
1170.08 PERMANENT SIGNS.
(a) Non-Residential Properties.
(1) General. The following standards apply to all properties that are not residential in use, except for mixed-use buildings that must comply with this section.
A. Total sign area. The area of all permanent signs for any single business or other non-residential use shall be equivalent to one and one-half square feet of sign area for each lineal foot of width of the building or part of the building occupied by the business.
B. Wall signs. Each business and other non-residential use shall be permitted one wall sign which shall not exceed forty (40) square feet in area. Wall signs shall be designed appropriately for the building and shall not be constructed as cabinet box signs or have exposed raceways. Businesses occupying fifty percent (50%) or more of a building on a parcel abutting more than one right-of-way may have a wall sign facing each right-of-way. Businesses occupying twenty-five percent (25%) or more of a building abutting the I-270 right-of-way may have a wall sign facing each right-of-way. Such signs may have a non-illuminated background up to 200 square feet in area. The graphic portion of such signs shall not exceed 100 square feet in area.
C. Ground signs. There shall be no more than one ground sign per site on properties with less than 200 feet of frontage. For properties with 200 feet of frontage or more, one additional sign is permitted spaced at least 100 feet from the other sign. Ground signs shall not exceed thirty (30) square feet in area per side and shall have a maximum of two sides. No part of any ground sign shall exceed an above-grade height of ten (10) feet. Ground signs shall be located not closer than ten (10) feet to a public right of way or ten (10) feet to an adjoining property line.
D. Blade signs. Each business occupying twenty-five percent (25%) or more of a building may have one blade sign which shall not exceed six (6) square feet in area per side. No part of any blade sign shall extend more than three (3) feet from the building upon which it is attached. No part of any blade sign shall be less than eight (8) feet above the sidewalk or ground level adjacent to the building.
(2) Joint identification sign.
A. Joint identification ground signs shall display no more than six (6) individual listings.
B. Joint identification wall signs may advertise more than six (6) individual listings.
(3) Central Commercial District. Businesses and other non-residential uses in the C-5, Central Commercial Zoning District are permitted one wall sign, and either one blade sign or one ground sign, the total area not to exceed the allowable square footage in Section 1170.08(a)(1)A.
(b) Residential Buildings and Developments.
(1) Home occupations. Signs identifying a home occupation use shall be wall signs, non-illuminated, and not more than one (1) square foot in area. There shall be not more than one (1) sign per dwelling unit.
(2) Residential development sign. One residential development sign may be erected at each principal entrance to the development provided such sign is not larger than twenty (20) square feet per side and is not closer than ten (10) feet to any street or alley right-of-way.
(Ord. 36-2023. Passed 6-17-24.)
1170.09 TEMPORARY SIGNS.
(a) General. Temporary signs as referenced in Section 1175.071 require issuance of a Temporary Use Permit.
(b) Criteria.
(1) General. Temporary signs are permitted during a grand opening, community event, or other such celebration, or during the time between opening a business and installation of a permanent sign.
(2) Location. All temporary signs shall be located on the site where the above-mentioned activity occurs. They shall not be located in any public right-of-way.
(3) Illumination. Temporary signs shall not be illuminated.
(4) Size. Such signs shall be a maximum of twenty (20) square feet in area or ten (10) square feet per side if double-sided.
(5) Placement. All temporary signs shall be safely and tautly secured to a building, structure, or stakes.
(6) Duration. Temporary signs shall in general be allowed two (2) times per year for a maximum of fourteen (14) days each time but shall be allowed up to ninety (90) days to account for delay in installing a permanent sign after a business opens.
(Ord. 36-2023. Passed 6-17-24.)
1170.10 NONCONFORMING AND ABANDONED SIGNS.
(a) Nonconforming Signs. Where a lawful sign exists at the effective date of adoption of this Zoning Ordinance or amendment thereto, but does not meet the conditions of this ordinance, such sign shall be deemed legally nonconforming and may be continued subject to the following provisions:
(1) Should such nonconforming sign or portion thereof be destroyed or altered by any means to an extent of more than fifty percent (50%), it shall not be reconstructed except in conformity with the provisions of this Ordinance.
(2) Should the graphics portion of a nonconforming sign be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, the graphics portion shall not be reconstructed except in conformity with the provisions of this Ordinance.
(b) Abandoned Signs. If any sign becomes abandoned in the manner defined herein, such a sign shall be removed. An abandoned sign is defined as any sign that meets any one of the following criteria:
(1) Any sign associated with an unlawful nonconforming use.
(2) Any conforming sign that remains after the termination of a business if the business has ceased operations and is closed to the public for at least 180 days or six (6) months within a twelve-month period. Seasonal businesses are exempt from this determination.
(3) Any nonconforming sign that remains after the termination of a business.Upon determining that a sign is abandoned, the Building Inspector shall make a reasonable effort to notify, in writing, the owner of the property on which the sign is located. Upon receiving notification that an abandoned sign exists on the property, the owner shall have the abandoned sign removed within thirty (30) days or shall file an appeal to the Board of Zoning Appeals under the procedure prescribed in Chapter 1129. The filing of such an appeal shall stay the time for removal of the sign pending decision of the Board of Zoning Appeals. If the Board upholds the decision of the Building Inspector, the abandoned sign shall be removed within thirty (30) days of the Board’s decision. If thereafter the property owner does not remove the sign, the City Manager shall instruct the Director of Law to take appropriate steps to have the sign removed at the owner’s expense.
(Ord. 36-2023. Passed 6-17-24.)
1170.11 RIGHT TO SUBSTITUTE MESSAGE.
(a) Subject to the landowner's consent, a non-commercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed non-commercial message; provided, that the sign abides by the provisions of this Chapter, without consideration of message content.
(b) The purpose of this Section is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message.
(c) This provision does not create a right to increase the total amount of signage on a parcel nor does it affect the requirement that a sign must comply with all other regulations set forth in this Chapter.
(Ord. 36-2023. Passed 6-17-24.)
1171.01 PARKING SPACE AREA, ACCESS DRIVES AND SPACE DETERMINATION.
(a) General Requirements. In all districts in connection with every industrial, business, institutional, recreational, residential or other use, there shall be provided, at any time any building or structure is erected, enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
(1) Each off-street parking space shall have an area not less than 171 square feet, and shall be of usable shape and condition, exclusive of drives or aisles. Vehicle overhang over any curbing or parking blocks may be included in parking space area, provided that the overhang does not interfere with the adequate provision of pedestrian access to or from buildings or impair the maintenance or good condition of landscaped areas.
(2) There shall be adequate provisions for ingress and egress to all parking spaces. Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet in width in the case of a single-family dwelling, and not less than twenty-two feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder. One-way access drives not less than fourteen feet in width will be permitted in commercial and industrial districts provided that parking spaces adjoining the drives are arranged diagonally. The number of access drives shall be determined by a study of traffic conditions in the vicinity of the drive together with the volume of cars per hour estimated to use such drives.
(Ord. 22-87. Passed 5-11-87.)
(b) Except in the C-5 District, the number of off-street parking spaces to be provided shall not be less than the following:
Use | Parking Spaces Required |
One-family and two-family dwellings
| 2 for each dwelling unit including private drive and garage space.
|
Multi-family dwellings
| 2 for each dwelling unit.
|
Rooming or boarding house, tourist home, hotel, motel or dormitory
| 1 for each sleeping room or suite.
|
Private club, golf club or lodge
| 1 for each 4 members.
|
Church or temple
| 1 for each 4 seats in the main auditorium.
|
School (except high school or college)
| 1 for each 5 seats in auditorium or main assembly room, or 1 for each classroom, whichever is greater.
|
College or high school
| 1 for each teacher and employee, and 1 for each 5 students.
|
Community center, library, museum or art gallery
| 10 plus 1 additional for each 200 square feet of floor area in excess of 2,000 square feet.
|
Gasoline/convenience store station
| (Not at the Fueling Station) 1 for each 2 dispensing/fueling station plus 1 for each 150 square feet of gross floor area devoted to retail/convenience items and goods plus 2 for each service bay.
|
Hospital, sanitarium, convalescent home, home for the aged, nursing home or similar institution
| 1 for each 3 beds, plus 1 for each employee and staff member.
|
Theater or auditorium (except school auditorium), sports arena, stadium or gymnasium
| 1 for each 4 seats or each 10 lineal feet of bench seating spaces.
|
Bowling alley
| 5 for each lane, plus 1 additional space for each 200 square feet of area used for eating, drinking or other recreation.
|
Mortuary or funeral home
| 1 for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
|
Retail commercial or business service except as otherwise specified herein and personal services.
| 1 for each 150 square feet of gross floor area.
|
Recreation or amusement establishment, assembly or exhibition hall without fixed seats.
| 1 for each 150 square feet of gross floor area.
|
Restaurants, nightclubs or cafes
| |
(1) With bar area
| 1 for each 50 square feet of gross floor area devoted to the bar area, and 1 for each 100 square feet of gross floor area for the remaining floor area.
|
(2) Without bar area
| 1 for each 100 square feet of gross floor area.
|
Fast food restaurants
| 1 for each 75 square feet of gross floor area.
|
Drive-in financial institutions, professional services, hardware store, wholesale establishments, machinery or equipment sales and service.
| 1 for each 250 square feet of gross floor area.
|
Administrative and business office
| 1 for each 250 square feet of gross floor area.
|
Medical/dental office or clinic
| 1 for each 250 square feet of gross floor area.
|
Personal services
| 1 for each 150 square feet of gross floor area.
|
Dense-pack-open-plan
| 1 for each 100 square feet of gross floor area.
|
Warehouse
| 1 for each 1,000 square feet of gross floor area.
|
Wholesale establishments, machinery or equipment sales and service.
| 1 for each 400 square feet of gross floor area.
|
Printing or plumbing shop or similar service establishment
| 1 for each 2 persons employed therein.
|
Automobile service station
| 1 for each 2 pumps plus 2 for each service bay.
|
Automobile repairs, car washes
| 1 for each 200 square feet of gross floor area.
|
Manufacturing or industrial establishment, research or testing laboratory, dairy processing, bakery, bottling plant, or similar establishment
| The sum of the following: (a) 1 for each 2 employees on the maximum working shift for which the facility is designed; (b) 1 for each motor vehicle used in the business and based, for operational purposes, upon the premises.
|
Senior citizen assisted
| 1 space for each 2 dwelling units.
|
Senior citizen residential
| 1 space for each bedroom and/or studio.
|
Resident manager’s residence | Not less than 2. |
Unit storage facility
| 1 for each 10,000 square feet of storage area.
|
(Ord. 75-92. Passed 7-27-92; Ord. 95-94. Passed 10-11-94; Ord. 46-97. Passed 9-22-97; Ord. 17-99. Passed 4-12-99; Ord. 10-2001. Passed 4-2-01.)
(c) Interpretation. The following rules shall govern the determination of spaces required:
(1) "Floor area" means the gross floor area of the specified use.
(2) Fractional numbers shall be increased to the next whole number.
(3) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Municipal Planning Commission.
(4) Whenever a building or use constructed or established after the effective date of this Zoning Ordinance (Ordinance No. 51-71), passed December 13, 1971, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, such as to create a requirement under this chapter for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Zoning Ordinance is enlarged in floor area or in the area used, the building or use shall then and thereafter be made to comply with the parking requirements set forth herein.
(Ord. 22-87. Passed 5-11-87.)
1171.02 SPECIAL PARKING PROVISIONS.
Every parcel of land hereafter used as a public, commercial or private parking lot shall be developed and maintained in accordance with the following requirements. Plans for offstreet parking in the "C-5" District, including screening, landscaping and setbacks, shall require approval of the Board of Appeals.
(a) Minimum Distance and Setbacks. No part of any parking area for more than five vehicles shall be closer than twenty feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless screened by an unpierced masonry wall. In no case shall any part of a parking area be closer than five feet to any established street or alley right of way. The wall or hedge required in Section 1149.03
(b) shall not extend into any front yard required by this Zoning Ordinance. Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins or faces premises situated in any "R" District, or institutional premises, by a masonry wall or solid fence.
(b) Joint Use. Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation normally overlap, provided that a written agreement, approved by the Director of Law and accepted by the Board shall be filed with the application for a Certificate of Compliance.
(c) Other Locations. Parking spaces may be located on a lot other than that containing the principal use provided it is within 300 feet. Lots farther than 300 feet from the principal use may be accepted provided that a written agreement, approved by the Director and accepted by the Board, shall be filed with the application for a building permit.
(d) Surfacing. Any off-street parking area for more than five vehicles shall be graded for proper drainage and surfaced with concrete, asphaltic concrete, or premixed asphalt pavement or blacktop so as to provide a durable and dustless surface. Access drives shall be at 300 foot minimum intervals.
(e) Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
(f) Disabled Vehicles. The parking of a disabled or unlicensed vehicle within a residential or commercial district for a period of more than two weeks shall be prohibited, except that such vehicles may be stored in an enclosed garage or other accessory building. Disabled vehicles in violation of this section shall be removed from the premises by the City at the expense of the owner of the vehicle or property on which the vehicle is located.
(g) Parking of Commercial Vehicles in a Residential District. Parking of commercial vehicles with a gross weight of greater than three tons is prohibited in all residential districts except those commercial vehicles conveying the necessary tools and materials to premises where labor using the tools and materials is to be performed during the actual time of parking.
(h) Landscaping of Parking Areas. All parking lots shall provide, in addition to screening requirements, two inches dbh (diameter, breast, height) tree trunk size for every six parking spaces. All trees shall be balled and burlapped. The minimum diameter at breast height of any tree shall be two inches. Planting beds for parking lot trees shall be constructed so as to distribute landscaping throughout the parking lot and minimize damage to trunks and roots of the trees from vehicles, pedestrians and parking lot maintenance through the use of adequate soil planting area and curbing or parking blocks. Planting soil area per tree shall be a minimum of forty-five square feet. The minimum dimension for the planting area shall be five feet on any one side. All trees shall be maintained in a healthy condition. Any lot with a minimum dimension of fifty feet on any one side shall have at least one tree planting bed per 6,000 square feet of paved surface. The minimum distance between deciduous trees needed to meet code requirements located in separate planting beds shall be thirty-six feet. Additional landscaping, trees, ground cover, hedge or evergreens may be located between deciduous trees.
(Ord. 22-87. Passed 5-11-87.)
1171.03 OFF-STREET LOADING REQUIREMENTS.
(a) Number of Spaces Required. In any nonresidential district, off-street loading shall be provided according to the following requirements:
For Buildings of Gross Floor Area of: | Number and Type of Loading Space |
Less than 5,000 square feet
| 0 |
Equal to or greater than 5,000 square feet but less than 15,000 square feet
| One type B
|
Equal to or greater than 15,000 square feet but less than 30,000 square feet
| One type A
|
Equal to or greater than 30,000 square feet
| One type A and one type B
|
For each additional 50,000 square feet or fraction thereof
| One type A
|
(b) Space Dimensions. Type A loading spaces shall be not less than fourteen feet in width, fifty-five feet in length and fifteen feet in height. Type B loading spaces shall be not less than twelve feet in width, thirty feet in length and fifteen feet in height. Type A loading spaces may be substituted for Type B spaces.
(c) Space Occupation of Yard. Subject to the limitations in Sections 1149.03
(a) and subsection (a) hereof, such space may occupy all or any part of any required side or rear yard space.
(d) Space Location. No such space shall be located closer than fifty feet to any other lot in any "R" or "AR" District.
(Ord. 22-87. Passed 5-11-87.)
1173.01 COMMUNITY DEVELOPMENT PROJECTS (APARTMENT GROUPS AND CLUSTER SUBDIVISIONS).
(a) General Provisions.
(1) An authorized agency of the City, State or Federal Government, or the owner or owners of any tract of land in an "AR" District comprising an area of not less than one acre, or any tract of land in an "R-6.5" District for which more than one twin-single dwelling is planned or any tract of land in an "SC" District, shall submit to the Municipal Planning Commission a preliminary plan and proposed ordinance for use in development of all of the tract of land for residential and allied purposes. At the time of filing of the preliminary development plan, the applicant shall pay a fee of one hundred fifty dollars ($150.00), no part of which shall be refundable.
(2) In accepting such preliminary development plan for review, the Commission shall be satisfied that the proponents of the development plan will begin and complete construction within a time period approved by the Commission. Construction shall commence within one year of the final approval of the development plan by Council or such extension of time as may be granted by Council or such approval becomes null and void.
(3) The preliminary development plan shall include the following items:
A. A vicinity map showing the perimeter boundaries of the area of land included in the application;
B. A boundary survey and boundary map with a point of reference to the intersection of two public rights of way;
C. A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the Commission. The topographical surveys shall show five foot contours or contours at an interval as may be required by the Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application; and
D. Proposed and existing structures, parking and traffic facilities, easements and public rights of way.
(b) Location and Character of Development. The following conditions shall apply to the proposed community development project:
(1) The property adjacent to the area included in the plan will not be adversely affected.
(2) The plan is consistent with the intent and purpose of this Zoning Ordinance to promote public health, safety, morals and general welfare.
(3) The use of the land shall be similar to the uses permitted in the district in which the plan is located.
(4) The land area per family contained in the site, exclusive of the area occupied by streets, shall provide more than a minimum of usable open space, parking, screening, service and access areas and distance between buildings.
(5) The maximum percentage of lot coverage with buildings shall not exceed that of the district in which it is proposed to be located.
(c) Submission and Approval of Final Development Plan.
(1) Upon determination by the Commission that the proposed community development project as shown by the preliminary plan conforms to the requirements of this section and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required by the Commission. At the time of filing the final development plan, the applicant shall pay a fee of one hundred dollars ($100.00), no part of which shall be refundable. In addition to those items required under the preliminary development plan, the final development plan shall include the following items:
A. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities;
B. The proposed location and size of areas for all land uses on the property indicating building areas, dwelling unit areas, dwelling unit densities, dwelling unit types, total number of dwelling units for each density area and total number of dwelling units in the development plan;
(Ord. 22-87. Passed 5-11-87.)
C. (EDITOR’S NOTE: Former subsection (c)(1)C. was repealed by Ordinance 14-95, passed April 10, 1995.)
D. The proposed size and use of all portions of the site not committed to residential uses and indication of their ownership and maintenance;
E. A brief narrative describing the site and the efforts to be taken on the part of the applicant to maintain any unique or attractive features of the site. These are to include significant tree masses and bodies of water;
F. The proposed traffic circulation pattern including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography or existing streets; and
G. Evidence that the applicant has sufficient control over the land to undertake the proposed development.
(2) In addition to the final development plan, for any development involving the extension of utilities or the construction of or alteration to any street, the owner shall also submit conceptual utility drawings containing the following information:
A. The pipe size, slope, manholes and location of the sanitary sewer system;
B. The size, shape and slope for all pipes and channels of the storm sewer system with accompanying storm drainage calculations;
C. The size and location of water lines and fire hydrants; and
D. Street grades, cross sections, elevations and contours at two foot intervals;
If a conceptual utility plan is required, the applicant shall pay a fee of fifty dollars ($50.00) per acre for each acre in the subdivision; however, such fee shall not be less than two hundred fifty dollars ($250.00) for the purposes of reviewing such utility plans.
(3) If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan, with its report and recommendation, to Council which shall hold a public hearing on the proposed community development project.
(4) Following a public hearing, Council may approve the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance and is in substantial conformity with the final plan as approved by the Commission.
(5) If Council approves the final plans, a Certificate of Compliance may be issued upon completion of construction of the development, even though the location of buildings to be erected in the area and the yards contemplated by the plan do not conform in all respects to the district regulations of the district in which the proposed project is to be located.
(Ord. 22-87. Passed 5-11-87; Ord. 47-97. Passed 7-28-97.)
(d) In the event the applicant receiving approval of the community development project does not proceed with its construction within the time limit established by the Commission, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interest of the City will not be served by the applicant continuing to hold the approval, the Commission shall make such recommendation to Council. After receiving the recommendation from the Commission, Council may initiate necessary proceedings to revoke the approval. (Ord. 22-87. Passed 5-11-87.)
(e) Changes, Adjustments, or Rearrangements of the Final Development.
(1) After the final development plan has been approved by Council, a request for the change, adjustment, or rearrangement of buildings, parking areas, entrances, heights, or yards shall be submitted to the Director of Planning and Building for a determination as to whether a review of such change, adjustment, or rearrangement by the Planning Commission is required. If the proposed amendment otherwise complies with this Planning and Zoning Code, contains changes that do not conflict with the standards established by the final development plan, and maintains the character and integrity of the original development, then such amendment may be approved by the Director of Planning and Building without further review. The City may establish standards of review in making such determination, including without limitation, the degree of:
A. Expansion or demolition of structures;
B. Change to parking spaces or traffic circulation in parking lots; and,
C. Change in the overall character of the development.
(2) Upon a determination by the Director of Planning and Building that a review by the Planning Commission is necessary, the owner or developer shall submit an application to the Director of Planning and Building for a Planning Commission Review of Amendment to Development Plan.
(Ord. 09-2013. Passed 4-15-13.)
(3) The Planning Commission may disapprove such proposed amendment, but may recommend a further review by Council for any reason, in which case a report and recommendation shall be forwarded to Council. Council shall hold a public hearing on the proposed amendment, and, if, thereafter, Council determines such proposed amendment substantially conforms to the standards established by the final development plan and complies with this Planning and Zoning Code, such amendment may be authorized by Council, by resolution or ordinance.
(4) The Planning Commission may:
A. Disapprove such proposed amendment with no further review by Council or
B. Approve such proposed amendment with no further review by Council if it determines that the amendment substantially conforms to the standards established by the final development plan and it complies with this Planning and Zoning Code.
Provided, however, that a decision of the Planning Commission to approve an amendment to a development plan with no further review may be appealed to Council by any Planning Commission member or Council member by the filing of a written notice with the Clerk of Council within fifteen days of such decision, in which case a report and recommendation shall be forwarded to Council.
(5) Nothing in this section is intended to limit or restrict the right of appeal of a decision of the Planning Commission to Council as set forth in this Planning and Zoning Code.
(6) All applications for a Planning Commission Review of Amendment to Development Plan shall be submitted with a fee of fifty dollars ($50.00).
(Ord. 47-97. Passed 7-28-97.)
1173.02 CONVERSION OF DWELLINGS TO MORE UNITS.
In "R-6.5", "AR-4.5" and "AR-3" Districts a residence may be converted to accommodate an increased number of dwelling units provided permission is granted by the Municipal Planning Commission and the following conditions are met:
(a) The yard dimensions still meet the minimum yard dimensions required by the zoning regulations for new structures in that district.
(b) The lot area per family shall meet the minimum lot area requirements for new structures in that district.
(c) The number of square feet of living area per family unit is not reduced to less than that which is required for new construction in that district.
(d) Off-street parking meets the requirements of Chapter 1171.
(Ord. 51-71. Passed 12-13-71.)
1173.03 PORTABLE RESIDENCES PROHIBITED; EXCEPTIONS.
No mobile home, trailer or similar portable residence structures shall be permitted in any district in the Municipality except for camping and travel trailers specified in Section 1173.04.
(Ord. 51-71. Passed 12-13-71.)
1173.04 DEFINITIONS OF RECREATIONAL AND CAMPING EQUIPMENT; STORAGE.
(a) For purposes of this section, the following definitions shall apply:
(1) "Recreational and camping equipment" includes boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles.
(2) "Recreational and camping vehicles" means vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. "Recreational and camping vehicles" include, but are not necessarily limited to the following:
A. A "travel trailer" which is a rigid vehicular portable structure mounted on wheels, without its own motive power, of such size or weight as not to require special highway movement permits and primarily designed and constructed to provide temporary living quarters for recreation, camping, travel or vacation use.
B. A "camping trailer" which is a vehicular portable structure mounted on wheels, without its own motive power, and constructed with folding or collapsible walls of fabric, plastic or other pliable material for folding compactly, and when unfolded at a site or location, provides temporary living quarters and whose primary design is for recreation, camping, travel or vacation use.
C. A "truck camper" which is a portable structure without its own motive power, designed to be loaded onto, or affixed to, the bed or chassis of a powered vehicle designed and constructed to provide temporary living quarters for recreation, camping, travel or vacation use.
D. A "motor home" which is a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car chassis, primarily designed to provide temporary living quarters for recreation, camping and travel use.
(3) A "boat, boat trailer or utility trailer" includes any boat or trailer used for the purpose of hauling boats and related boating equipment, or any trailer drawn by another motor vehicle which is used to transport animals or for the occasional transport of camping or other equipment or personal effects.
(4) "Parking for the purpose of storage" means the placement or parking of recreational and camping equipment anywhere in a residential district, for any period of time other than that time actually spent for the ordinary, customary and reasonable time required for loading, unloading, outfitting or otherwise preparing for recreational use. An owner or operator whose use of such vehicle as a recreational or camping vehicle is only incidental to its primary use for general transportation purposes shall not be deemed to be parking such vehicle for the purpose of storage within the meaning of this section.
(b) The parking of recreational and camping equipment for the purpose of storage shall be permitted in residential districts, so long as such parking for the purpose of storage is not in any public street or right of way, nor in the minimum front, side and rear yards required by Sections 1149.01 and 1149.08, and provided that at no time shall such vehicles so parked in a residential district be occupied or used for living, sleeping, housekeeping or business purposes.
(Ord. 29-77. Passed 6-13-77.)
1173.05 PORTABLE AND NONPORTABLE SWIMMING POOLS.
(a) For the purposes of this section, the following terms are defined as follows:
"Portable swimming pool" means a container which is designed or used for wading purposes; which will not permit filling with water to a depth greater than 24 inches; and which may be dismantled, stored or moved from one place to another without the use of tools other than those normally found in a household workshop.
"Nonportable swimming pool" means any artificial body of water, whether inground or above-ground which conforms to the following criteria.
(1) It is supplied with water from a controlled water source.
(2) It is not enclosed within a building.
(3) The depth of water exceeds 24 inches at any point.
(b) Portable swimming pools shall be considered as a conforming use in any "R" or "AR" District.
(c) Nonportable swimming pools may be allowed as an accessory use only in "R" and "AR" Districts provided that they comply with the following conditions and requirements:
(1) The pool is intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2) The pool may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten feet to any property line of the property on which it is located.
(3) The swimming pool or the property as hereinafter defined on which it is located, shall have a barrier as required by Chapter 1305 to prevent uncontrolled access by children or other persons from the street or other adjacent properties.
(Ord. 16-2019. Passed 5-6-19.)
1173.06 ADVANCED TECHNOLOGIES.
(a) Within the residential districts, as defined in Section 1141.03, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.
(1) Such ground stations or antennas shall be for the personal use of residents and their guests only.
(2) Such ground stations or antennas shall contain no graphic message or advertising.
(3) Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principal building or structure and shall not exceed an above grade height of twelve feet.
B. Such stations or antennas shall not be located closer than ten feet to a rear lot line, eight feet from a side lot line or one foot from any easement.
C. Such stations or antennas shall be mounted in a concrete base in line with grade and only metal supports of galvanized construction shall be utilized.
D. Wiring between such station and any other structure shall be placed underground.
E. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.
(4) Roof mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.
B. Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than three feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
C. The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed three feet.
D. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.
(Ord. 87-83. Passed 3-12-84.)
1173.07 PARKING IN DRIVEWAY.
The parking of motor vehicles in the front of a primary structure in any "R" or "AR" zoning districts shall be confined to paved or graveled driveway.
(Ord. 44-88. Passed 7-11-88.)
1173.08 PUBLIC AREA PAYMENTS.
(a) Every community development project owner or developer, whether or not the community development project is subject to development plan regulations, shall be required to make a cash payment to the City in the amount of two hundred fifty dollars ($250.00) per new or additional residential unit built for deposit in the Special Parks Fund. Such deposits shall be used for the capital costs associated with the City’s parks, playground and recreation areas. No public area payment shall be required for any community development project owner or developer who was required to make a dedication of land to the City pursuant to Section 1101.06(a). (Ord. 33-2001. Passed 11-5-01.)
(b) The public area payment required by this section shall be made prior to the issuance of the building permit for the project.
(c) A credit shall be granted for any community development project constructed on a lot which previously contained a similar structure, but which structure was demolished on or after January 1, 1995. The credit shall be in an amount which would have been paid for such demolished structure in accordance with the schedule set forth in subsection (a) hereof. In no event shall the credit granted be greater than the payment due in connection with the new development. (Ord. 14-95. Passed 4-10-95.)
1173.09 MINIMUM LIVING AREAS.
(a) Each dwelling unit hereafter constructed shall contain the minimum floor area of living space specified herein for the zoning district in which it is located. As used in this section, living space includes the gross floor area of the building, excluding garages, unfinished attics, unfinished basements or exterior living areas such as porches, decks and balconies. Zoning districts referred to herein are those established and defined in Part Eleven of the Codified Ordinances.
(b) For one-family dwellings located in R-10 or R-16 Districts, the minimum living space shall be 1600 square feet, except that the minimum shall be 1200 square feet for one-family dwellings erected on lots of record existing prior to January 5, 1972 with a lot width of fifty feet or wider.
(c) For one-family dwellings located in R-6.5, AR-4.5 or AR-3 Districts, the minimum living space shall be 1200 square feet.
(d) For two- or three-family dwelling units, the minimum living space shall be as follows:
(1) 600 square feet in one-bedroom units;
(2) 750 square feet in two-bedroom units; and;
(3) 900 square feet in units with three or more bedrooms.
(e) The provisions of the subsections (b) and (d) hereof notwithstanding, in any “SC” zoning District, the minimum living space shall be as follows:
(1) 400 square feet for efficiency units;
(2) 500 square feet for one-bedroom units; and;
(3) 700 square feet for two-bedroom units
(Ord. 21-2007. Passed 5-7-07.)
1173.10 LOCATION OF BUILDING SERVICE EQUIPMENT.
(a) Any building service equipment, including air-conditioning or refrigeration system which includes an exterior compressor, cooling tower, condensing unit, chiller unit, absorber, or emergency generator, either singularly or in any combination of the above, or any other exterior device which expels heat and/or noise detectable from outside the premises on which such system is located shall be installed and maintained with such exterior unit located to the rear of the dwelling unit.
(b) The provisions of subsection (a) hereof notwithstanding, building service equipment may be located at the side of the dwelling, provided that the equipment shall be effectively screened on the front and sides by an evergreen hedge or dense planting of evergreen shrubs not less than the height of the equipment, or by a fence or wall of similar height conforming to Chapter 1180.
(Ord. 39-2015. Passed 10-5-15.)
(Ord. 39-2015. Passed 10-5-15.)
1174.01 PURPOSE.
(a) The purpose of Planned Unit Development is to promote variety, flexibility and quality for the development of properties in the City of Worthington. Planned Unit Development allows for more creative planning and design, and enables a greater range of uses than traditional Zoning regulations. Planned Unit Development allows for the design and mix of uses necessary to meet changing economic and demographic demands; permits implementation of development standards, plans, studies, and guidelines adopted by the City Council; and provides the opportunity to retain and enhance the character of the City, and the health, safety and general welfare of the inhabitants.
(b) Planned Unit Development is a process to create a Planned Use District (PUD) in which development standards and uses are established for a Lot or Lots, and becomes the Zoning for the property. (Ord. 04-2013. Passed 2-19-13.)
1174.02 DEFINITIONS.
1174.03 GENERAL PROVISIONS.
(a) Preliminary Plan. The Preliminary Plan shall be submitted to the Municipal Planning Commission to make a recommendation to the City Council, and which, if approved by the City Council, becomes the Zoning for the property and permits preparation of the Final Plan. The Preliminary Plan shall establish uses and development standards for the property as detailed in drawings and Development Standards Text.
(b) Final Plan. The Final Plan shall be submitted to the Municipal Planning Commission to review for conformance to the adopted PUD. The Final Plan may be approved in phases, each of which shall implement the Development Standards and confirm uses for the property as detailed in drawings and Development Standards Text.
(c) Subdivision. Preliminary and Final Subdivision Plats may be reviewed and approved with a Preliminary Plan, and shall be in accordance with Title One of the Planning and Zoning Code except as otherwise addressed pursuant to the PUD application and approval.
(d) Overlay Districts: Any PUD located in an Overlay District or the Architectural Review District as defined in the Codified Ordinances of the City of Worthington shall comply with the development standards of the District, except as otherwise provided expressly varied in the Preliminary Plan.
(e) Ownership. The project area shall be in ownership or control by the applicant or the applicant's designee at the time the application is made for a PUD. Subsequent transfer of property shall not alter the applicability of the PUD application, or approved Preliminary and Final Plans.
(f) Retail. Retail uses in any PUD shall be limited to 20,000 square feet in gross floor area. (Ord. 04-2013. Passed 2-19-13.)
1174.04 ALLOWABLE USES.
The mix of uses allowed in a PUD shall meet changing economic and demographic demands; permit implementation of development standards, plans, studies and guidelines adopted by the City Council; and/or provide the opportunity to retain and enhance the character of the City, and the health, safety and general welfare of the inhabitants.
(Ord. 04-2013. Passed 2-19-13.)
1174.05 DEVELOPMENT STANDARDS AND DEVELOPMENT STANDARDS TEXT.
Development Standards Text shall be a comprehensive narrative detailing the Development Standards for the proposed development, including without limitation the following:
(a) Design Regulations:
(1) Character. The proposed PUD shall consist of an integrated and harmonious design with properly arranged traffic and parking facilities and landscaping. The PUD shall fit harmoniously into and shall not adversely affect adjoining and surrounding properties, Roadways & public facilities.
(2) Design. Site layout, Buildings, Accessory Structures, landscaping and lighting shall be compatible with or enhance the surrounding neighborhood and community.
(3) Screening. Commercial and industrial uses, including parking facilities and refuse containers, shall be permanently screened from all adjoining residential uses.
(4) Tract Coverage. The ground area occupied by all Buildings shall be balanced with green space to soften the appearance of the development. Total Lot/tract coverage shall be set forth in the PUD documents.
(b) Traffic and Parking:
(1) Traffic. Adequate ingress and egress shall be provided as part of the PUD. The proposed PUD shall be located so that reasonably direct traffic access is supplied from major thoroughfares and where congestion will not likely be created by the proposed development. Where potential congestion may be alleviated by installation of Improvements on streets abutting the development, the developer shall be required to pay the cost of the construction of Improvements and shall dedicate or deed lands necessary for street widening purposes when so required by the City. A traffic study shall be provided by the applicant as required by the City.
(2) Parking. Parking shall adhere to the following standards:
A. Design. Parking and service areas shall be designed and located to protect the character of the area.
B. Non-residential Uses. Parking shall be adequate to serve the proposed uses, but shall in no case exceed one-hundred and twenty (120) percent of the parking requirement in Section 1171.01.
C. Residential Uses. There shall not be less than one parking space per Dwelling Unit.
D. Bicycle Parking. Bicycle parking should be adequate to serve the proposed uses.
(c) General Requirements:
(1) Environment. The City may request environmental studies for the property, and may request and receive reports and studies from any agency having jurisdiction over the property, indicating whether there are any environmental issues that would affect the property and/or surrounding properties with the proposed development.
(2) Natural Features.
A. The Municipal Planning Commission shall not recommend a PUD unless it finds that such development preserves, restores, maintains and/or enhances: (1) Natural Features and (2) the character of the surrounding neighborhood and community.
(Ord. 04-2013. Passed 2-19-13.)
B. The Municipal Planning Commission shall not recommend a PUD if it finds that the Natural Features on such property have been or will be removed, damaged, altered or destroyed in anticipation of development until agreement is reached between the applicant and the Municipal Planning Commission on permanent restoration of Natural Features. All healthy trees 6" caliper or larger shall be retained or replaced with total tree trunk equal in diameter to the removed tree, and this shall be documented as part of an approved Natural Features preservation plan and/or landscape plan. In the event the Municipal Planning Commission determines that full replacement would result in the unreasonable crowding of trees upon the Lot, or that such replacement is not feasible given site conditions, a fee of one hundred fifty dollars ($150.00) per caliper inch of trees lost and not replaced on such property shall be paid in cash to the City for deposit in the Special Parks Fund. Such deposits shall be used for reforestation on public property.
(Ord. 11-2020. Passed 6-15-20.)
(3) Public Area Payments.
A. The City Council shall determine whether a portion of such PUD should be dedicated on the plan to a public agency for park, playground or recreational uses. Such dedication may be required only if the City Council determines that there is a need for such property and that the dedication is related both in nature and extent to the impact that the proposed development will have on the parks and recreation system.
B. Whenever commercial or industrial space is created as part of a PUD, then the developer or owner, as the case may be, shall make a cash payment to the City in the amount of one hundred dollars ($100.00) per 1000 gross square feet of new or expanded commercial or industrial space for deposit in the Special Parks Fund. Such deposits shall be used for costs associated with the City's parks, playground and recreation areas. This section shall not apply to any PUD for which a dedication of land to the City was required pursuant to subsection (A) hereof.
C. Whenever any new Dwelling Units are created as part of a PUD, then the developer or owner, as the case may be, shall make a cash payment to the City in the amount of two hundred fifty dollars ($250.00) per each new Dwelling Unit created for deposit in the Special Parks Fund. Such deposits shall be used for costs associated with the City's parks, playground and recreation areas. This section shall not apply to any PUD for which a dedication of land to the City was required pursuant to subsection (A) hereof.
D. The public area payment required by this section shall be made prior to the issuance of the building permit for the project.
(4) Public Space Amenities. A minimum of one Public Space Amenity as approved by the Municipal Planning Commission shall be required for every five-thousand (5000) square feet of gross floor area of multiple family dwelling, commercial or industrial space that is new in the PUD. Public Space Amenities are elements that directly affect the quality and character of the public domain such as:
A. An accessible plaza or courtyard designed for public use with a minimum area of two-hundred fifty (250) square feet;
B. Sitting space (e.g. dining area, benches, or ledges) which is a minimum of sixteen (16) inches in height and forty-eight (48) inches in width;
C. Public art;
D. Decorative planters;
E. Bicycle racks;
F. Permanent fountains or other Water Features;
G. Decorative waste receptacles;
H. Decorative pedestrian lighting; and
I. Other items approved by the Municipal Planning Commission.
(Ord. 04-2013. Passed 2-19-13.)
1174.06 PRELIMINARY PLAN SUBMISSION REQUIREMENTS.
(a) Requests to rezone land as a PUD shall be submitted to the Municipal Planning Commission with an application, a Preliminary Plan and Development Standards Text. At the time of filing the PUD application, the applicant shall pay a fee of three hundred fifty dollars ($350.00), plus twenty-five dollars ($25.00) for each acre of land included in the request, no part of which shall be refundable.
(b) The Preliminary Plan submittal shall include the following:
(1) A legal description and vicinity map showing the property lines, streets, existing Zoning, and land uses within 300 feet of the area proposed for the PUD;
(2) Names and addresses of owners, developers and the registered land surveyor, engineer or architect who made the plan;
(3) Date, north arrow and total acreage of the site;
(4) A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the City. The topographical survey shall show two foot contours or contours at an interval as may be required by the Municipal Planning Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application. Elevations shall be based on North American Vertical Datum of 1988 (NAVD88). In lands contiguous to or adjacent to the flood plain of the Olentangy River, existing contours shall be shown in accordance with the elevations set forth in Chapter 1105;
(5) Existing Structures, parking and traffic facilities, Easements and public Rights-of-Way on the subject property as well as within 300 feet of the area proposed for PUD;
(6) Existing sewers, water mains, culverts and other underground facilities within the tract and in the vicinity, indicating pipe size, grades and exact locations;
(7) The location of Natural Features and provisions necessary to preserve and/or restore and maintain them to maintain the character of the surrounding neighborhood and community;
(8) A tree preservation plan showing all existing trees 6" caliper or larger;
(9) A preliminary grading plan;
(10) Preliminary design and location of Structures, Accessory Structures, streets, drives, traffic patterns, Sidewalks or Recreation Paths, parking, entry features, site lighting, landscaping, screening, Public Space Amenities and other features as required by the City;
(11) The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities;
(12) Parcels of land intended to be dedicated or temporarily reserved for public use, or reserved by deed covenant, and the condition proposed for such covenants and for the dedications;
(13) Proposed Easements;
(14) Proposed number of Dwelling Units per acre;
(15) Proposed uses, including area of land devoted to each use;
(16) Proposed phasing of development of the site, including a schedule for construction of each phase;
(17) Homeowners or commercial owners' association materials;
(18) Development Standards Text; and
(19) Any additional information as required by the Municipal Planning Commission and the City Council.
(Ord. 04-2013. Passed 2-19-13.)
1174.07 FINAL PLAN SUBMISSION REQUIREMENTS.
(a) After approval by the City Council of the PUD Ordinance and prior to beginning construction of each phase of the development, Final Plans addressing one or more phases of the proposed development shall be submitted to the Municipal Planning Commission. At the time of filing each Final Plan application, the applicant shall pay a fee of two-hundred dollars ($200.00), no part of which shall be refundable. No Final Plan shall be approved until the effective date of said Ordinance.
(b) Final Plan submittals shall include the following:
(1) An exhibit showing which phases of the Preliminary Plan are part of the proposed Final Plan, with all phases annotated as to the as-built conditions;
(2) An updated construction schedule;
(3) All items required in the Preliminary Plan, revised as necessary to meet the approved PUD Ordinance;
(4) Proposed final design and location of Structures, Accessory Structures, streets, drives, Sidewalks or Recreation Paths, parking, entry features, site lighting, landscaping, screening and other features as required by the City;
(5) Evidence that the applicant has sufficient control over the land to undertake the proposed development; and
(6) Covenants and other restrictions which will be imposed upon the use of the land, Buildings, and Structures, and a copy of any bylaws.
(c) For any development involving the extension of utilities, the owner shall also submit conceptual utility drawings containing the following information:
(1) The pipe size, slope, manholes and location of the sanitary sewer system;
(2) The size, shape and slope for all pipes, channels and basins of the storm sewer system with accompanying storm drainage calculations;
(3) The size and location of water lines and fire hydrants; and
(4) Street or drive grades, cross sections, elevations and contours at two foot intervals.
(5) If a conceptual utility plan is required, the applicant shall pay a fee of fifty dollars ($50.00) per acre for each acre in the development; however, such fee shall not be less than two hundred fifty dollars ($250.00) for the purposes of reviewing such utility plans.
(Ord. 04-2013. Passed 2-19-13.)
1174.08 PUD PROCEDURES.
(a) Pre-application. The applicant may request review and feedback from City staff and/or the Municipal Planning Commission prior to preparing a Preliminary Plan. No discussions, opinions, or suggestions provided shall bind the applicant, or the City, or be relied upon by the applicant to indicate subsequent approval or disapproval by the City.
(b) Preliminary Plan.
(1) Municipal Planning Commission. The Municipal Planning Commission shall recommend to the City Council that the application for PUD be approved as requested, approved with modifications, or disapproved. In the event the Municipal Planning Commission disapproves the application, the petitioner may elect not to have the same recommended to the City Council.
(Ord. 04-2013. Passed 2-19-13.)
(2) City Council. Upon receipt of the recommendation of the Municipal Planning Commission, the requested PUD shall be set forth in Ordinance form and shall thereafter be introduced in writing at a meeting of the City Council, and the City Council shall fix a date for a public hearing. Such hearing may be held on but not before the fourteenth day following the fixing of the date or on any day thereafter. Notice of the public hearing shall be published in the same manner as notices are published for public hearings on Council ordinances. Notice of the hearing date and time shall be posted on the property to be considered for the PUD at least ten days prior to the hearing. During the period between the fixing of the date of the hearing and the date of the hearing, the Preliminary Plan shall be kept on file in the office of the Planning and Building Department for public examination during regular office hours. The availability of such materials shall be indicated in the published notice of the hearing.
After receiving from the Municipal Planning Commission the recommendations for the proposed PUD and after holding the above public hearing, the City Council shall consider such recommendations and vote on the passage of the proposed PUD Ordinance. The City Council may, by a majority of all its members, adopt or reject the proposed Ordinance, with or without change. (Ord. 01-2017. Passed 1-17-17.)
(c) Final Plans.
(1) The Municipal Planning Commission shall review Final Plans for compliance with the approved PUD Ordinance and shall:
A. Approve the Final Plan as requested;
B. Approve the Final Plan with modifications as agreed by the applicant which do not change the essential character of the approved PUD and do not need review by the City Council;
C. Recommend the Final Plan to the City Council with changes that require an amendment to the PUD Ordinance; or
D. Disapprove the proposed Final Plan when said plan does not meet the requirements of the PUD.
(2) Requested modifications to the approved Final Plans shall be reviewed according to the following:
A. City Staff. The City staff may authorize minor design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved Final Plan. Such modifications shall be limited to:
1. Minor adjustments in lot lines provided no additional lots are created;
2. Minor adjustments in location of Building footprints and parking lots, provided the perimeter required Yards remain in compliance;
3. Minor adjustments in Building height;
4. Minor modifications in Structure design and materials, and lighting provided there is the same general appearance; and
5. Minor modifications of landscaping, including substitution of materials.
B. Municipal Planning Commission. The Municipal Planning Commission shall review modifications other than those listed in the above section, and any of the above modifications as recommended by City staff.
1. Should the Municipal Planning Commission find that such modification keeps the essential character of the approved PUD, and does not require an amendment to the PUD Ordinance, the Municipal Planning Commission shall approve such modification.
2. Should the Municipal Planning Commission find that such modification requires an amendment to the PUD Ordinance, the Municipal Planning Commission shall forward a recommendation of approval or denial to the City Council for such amendment.
3. At the time of filing of an application to modify the Final Plan for review by the Municipal Planning Commission, the applicant shall pay a fee of one-hundred dollars ($100.00), no part of which shall be refundable.
(d) Appeal. Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved or affected by any decision of the Municipal Planning Commission involving an application for a Final Plan for a PUD, or any member of the City Council, whether or not aggrieved or affected, may appeal such decision to the City Council by filing notice of intent to appeal within seven days of the date of the decision, and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case. The City Council shall hold a public hearing on such appeal not later than thirty days after such petition has been filed with the Clerk of Council. The City Council, by an affirmative vote of four of its members, shall decide the matter on the merits of the case after giving due consideration to the deliberations and decisions of the Municipal Planning Commission and the City Council's decision shall be final.
(e) Expiration. Each phase of the total project shall be started and completed within the dates specified in the Preliminary Plan approval or:
(1) The City Council may grant an extension of the PUD approval for good cause shown if such request for extension is made prior to expiration;
(2) A new application may be submitted for Preliminary Plan approval;
(3) The City may change the Zoning of the property to another Zoning District as may be determined appropriate by the City Council.
(Ord. 04-2013. Passed 2-19-13.)
1174.09 GUARANTEE OF NATURAL FEATURES WORK.
(a) Prior to beginning construction, the owner or developer shall provide a bond, letter of credit acceptable to the City, or a certified check, guaranteeing the work of preserving and/or restoring and maintaining Natural Features. The bond, letter of credit or check shall be in an amount equal to the estimated cost of the work of preserving and/or restoring and maintaining Natural Features, and the same shall be released upon acceptance of the Natural Features work by the City and upon the furnishing by the owner or developer of an additional bond or letter of credit acceptable to the City, or a certified check in an amount equal to ten percent (10%) of the estimated cost of the Natural Features work to guarantee maintenance of the Improvements and the Natural Features work for a period of one year.
(b) The owner or developer shall, prior to beginning construction, deposit with the Director of Finance a sum of money as prescribed by the City Engineer to defray the cost of inspection and whatever engineering services may be required, and expense incurred by the City in the installation of any public improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the developer shall immediately, upon demand, deposit such additional sums as are estimated by the Director to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposit or deposits shall be refunded.
(Ord. 04-2013. Passed 2-19-13.)
1174.10 COORDINATION WITH OTHER PROVISIONS OF PART 11, PLANNING AND ZONING CODE.
For any applicable procedures or requirements not contained or referenced in this Chapter, procedures and requirements contained elsewhere in Part 11 of Codified Ordinances shall govern. In the event any procedures or requirements contained in this Chapter conflict with procedures or requirements contained elsewhere in Part 11 of the Codified Ordinances, the procedures or requirements contained within this chapter shall have precedence and shall govern.
(Ord. 04-2013. Passed 2-19-13.)
1175.01 INTEGRATED COMMERCIAL CENTERS.
(a) General Provisions.
(1) The owner of a tract of land located in any "C-1" or "C-2" District containing not less than one acre shall submit to the Municipal Planning Commission for its review, a preliminary plan for the use and development of such tract of land for a commercial center. The Commission shall review the proposal and make its recommendations to the applicant. At the time of filing of the preliminary development plan, the applicant shall pay a fee of one hundred fifty dollars ($150.00), no part of which shall be refundable.
(2) In accepting such preliminary plan for review, the Commission shall be satisfied that the proponents of the commercial center shall begin and complete construction within a time period approved by the Commission. Construction shall commence within one year of the final approval of the development plan by Council or such extension of time as may be granted by Council or such approval becomes null and void.
(3) The preliminary development plan shall include the following items:
A. A vicinity map showing the perimeter boundaries of the area of land included in the application;
B. A boundary survey and boundary map with a point of reference to the intersection of two public rights of way;
C. A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the Commission. The topographical survey shall show five foot contours or contours at an interval as may be required by the Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application;
D. The proposed location and size of areas for all land uses on the property indicating building areas, building densities and building types in the development plan;
E. The proposed size and use of all portions of the site not committed to commercial uses and indication of their ownership and maintenance;
F. A brief narrative describing the site and the efforts to be taken on the part of the applicant to maintain any unique or attractive features of the site;
G. The proposed traffic circulation pattern including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography or existing streets; and
H. Evidence that the applicant has sufficient control over the land to undertake the proposed development.
(b) Location, Size and Character of Development. The following regulations, conditions and procedures shall apply to the development of shopping centers:
(1) The need for the proposed development has been demonstrated by means of market studies and such other evidence as the Commission may require.
(2) The proposed shopping center is located so that direct and adequate traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed center, or where congestion will be alleviated by presently projected improvement of access thoroughfares.
(3) The developer shall be required to pay the cost of the construction and installation of improvements on streets abutting the shopping center, including any acceleration and deceleration lanes or traffic channelization devices deemed necessary to control traffic generated by the shopping center, and shall dedicate or deed lands necessary for street widening purposes when so required by the City.
(4) The proposed plan for development of the shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, and will fit harmoniously into and will minimize adverse effects upon the adjoining or surrounding development.
(c) Design Regulations. The following regulations shall apply to an integrated shopping center:
(1) Building heights. No building shall exceed three stories or forty-five feet in height, except as modified by Section 1149.04.
(2) Yards and screening. No building shall be less than forty feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any "R" District by a masonry wall or compact evergreen hedge at least six feet in height. Such wall or hedge shall be placed at least ten feet from the property line.
(3) Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate thirty-five percent (35%) in "C-1" Districts, or twenty-five percent (25%) in "C-2" Districts, of the total area of the lot or tract.
(4) Customer parking space. Notwithstanding any other requirements of the Planning and Zoning Code, there shall be provided one off-street parking space for each 231 square feet of gross leasable floor area not including basement storage space in the shopping center.
(5) Access drives and illumination of parking areas. Access drives shall be at a minimum interval of 300 feet, and illumination of parking areas shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
(d) Submission and Approval of Final Development Plan.
(1) Upon determination by the Commission that the proposed integrated commercial center as shown by the preliminary plan conforms to the requirements of this section and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Commission. At the time of filing of the final development plan, the applicant shall pay a fee of one hundred dollars ($100.00), no part of which shall be refundable. In addition to those items required under the preliminary development plan, the final development plan shall include the proposed provision of water, sanitary sewer and surface drainage of facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities.
(2) In addition to the final development plan for any development involving the extension of utilities or the construction of or alteration to any street, the owner shall also submit conceptual utility drawings containing the following information:
A. The pipe size, slope, manholes and location of the sanitary sewer system;
B. The size, shape and slope for all pipes and channels of the storm sewer system with accompanying storm drainage calculations;
C. The size and location of water lines and fire hydrants; and
D. Street grades, cross sections, elevations and contours at two foot intervals;
If a conceptual utility plan is required, the applicant shall pay a fee of fifty dollars ($50.00) per acre for each acre in the subdivision; however, such fee shall not be less than two hundred fifty dollars ($250.00) for the purposes of reviewing such utility plans.
(3) If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan with its report and recommendations, together with the required application by the proponents of any necessary change in zoning classification of the site of the proposed center, to Council which shall hold a public hearing on both the development plan and/or application for a change in zoning.
(Ord. 22-87. Passed 5-11-87.)
(4) (EDITOR’S NOTE: Former subsection (d)(4) was repealed by Ordinance 14-95, passed April 10, 1995.)
(5) Following a public hearing, Council may approve the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance and is in substantial conformity with the final plan as approved by the Commission.
(Ord. 22-87. Passed 5-11-87; Ord. 47-97. Passed 7-28-97.)
(e) In the event the applicant receiving approval of the integrated shopping center does not proceed with its construction within the time limit established by the Commission, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interests of the City will not be served by the applicant continuing to hold the approval, the Commission shall make such recommendation to Council. After receiving the recommendation from the Commission, Council may initiate necessary proceedings to revoke the approval.
(Ord. 22-87. Passed 5-11-87.)
(Ord. 22-87. Passed 5-11-87.)
(f) Changes, Adjustments, or Rearrangements of the Final Development.
(1) After the final development plan has been approved by Council, a request for the change, adjustment, or rearrangement of buildings, parking areas, entrances, heights, or yards shall be submitted to the Director of Planning and Building for a determination as to whether a review of such change, adjustment, or rearrangement by the Planning Commission is required. If the proposed amendment otherwise complies with this Planning and Zoning Code, contains changes that do not conflict with the standards established by the final development plan, and maintains the character and integrity of the original development, then such amendment may be approved by the Director of Planning and Building without further review. The City may establish standards of review in making such determination, including without limitation, the degree of:
A. Expansion or demolition of structures;
B. Change to parking spaces or traffic circulation in parking lots; and,
C. Change in the overall character of the development.
(2) Upon a determination by the Director of Planning and Building that a review by the Planning Commission is necessary, the owner or developer shall submit an application to the Director of Planning and Building for a Planning Commission Review of Amendment to Development Plan.
(Ord. 09-2013. Passed 4-15-13.)
(3) The Planning Commission may disapprove such proposed amendment, but may recommend a further review by Council for any reason, in which case a report and recommendation shall be forwarded to Council. Council shall hold a public hearing on the proposed amendment, and, if, thereafter, Council determines such proposed amendment substantially conforms to the standards established by the final development plan and complies with this Planning and Zoning Code, such amendment may be authorized by Council, by resolution or ordinance.
(4) The Planning Commission may:
A. Disapprove such proposed amendment with no further review by Council; or
B. Approve such proposed amendment with no further review by Council if it determines that the amendment substantially conforms to the standards established by the final development plan and it complies with this Planning and Zoning Code.
Provided, however, that a decision of the Planning Commission to approve an amendment to a development plan with no further review may be appealed to Council by any Planning Commission member or Council member by the filing of a written notice with the Clerk of Council within fifteen days of such decision, in which case a report and recommendation shall be forwarded to Council.
(5) Nothing in this section is intended to limit or restrict the right of appeal of a decision of the Planning Commission to Council as set forth in this Planning and Zoning Code.
(6) All applications for a Planning Commission Review of Amendment to Development Plan shall be submitted with a fee of fifty dollars ($50.00).
(Ord. 47-97. Passed 7-28-97.)
1175.02 INTEGRATED INSTITUTIONAL, OFFICE OR INDUSTRIAL USES.
The following regulations, conditions and procedures shall apply to the development of groups of properties for institutional, office, or industrial uses in "C-3" and "I-1" Districts:
(a) General Provisions.
(1) The owner of a tract of land located in any "C-3" or "I-1" District, containing not less than two acres, shall submit to the Municipal Planning Commission for its review a preliminary plan for the use and development of such tract of land for institutional, office or industrial uses permitted in accordance with the provisions of this Zoning Ordinance. The Commission shall review the proposal and make its recommendations to the applicant. At the time of filing of the preliminary development plan, the applicant shall pay a fee of one hundred fifty dollars ($150.00), no part of which shall be refundable.
(2) In accepting such plan for review, the Commission shall be satisfied that the proponents of the office or industrial development or combination thereof will begin and complete construction within a time period approved by the Commission. Construction shall commence within one year of the final approval of the development plan by Council or such extension of time as may be granted by Council or such approval becomes null and void.
(3) The preliminary development plan shall include the following items:
A. A vicinity map showing the perimeter boundaries of the area of land included in the application;
B. A boundary survey and boundary map with a point of reference to the intersection of two public rights of way;
C. A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the Commission. The topographical surveys shall show five foot contours or contours at an interval as may be required by the Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application;
D. The proposed location and size of areas for all land uses on the property indicating building areas, building densities and building types in the development plan;
E. The proposed size and use of all portions of the site not committed to commercial uses and indication of their ownership and maintenance;
F. A brief narrative describing the site and the efforts to be taken on the part of the applicant to maintain any unique or attractive features of the site;
G. The proposed traffic pattern including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography or existing streets; and
H. Evidence that the applicant has sufficient control over the land to undertake the proposed development.
(b) Location and Character of Development. The following regulations, conditions and procedures shall apply to the development of institutional, office or industrial developments in "C- 3" or "I-1" Districts.
(1) The proposed institutional, office or industrial development or combination thereof shall be located so that reasonably direct traffic access is supplied from major thoroughfares and where congestion will not likely be created by the proposed development; or where such congestion shall be alleviated by presently projected improvements of access thoroughfares, by properly arranged traffic and parking facilities and landscaping which shall be an attractive development and which shall fit harmoniously into and shall have no adverse effects upon the adjoining or surrounding development.
(c) Design Regulations. The following regulations shall apply to office, research and restricted industrial developments in "C-3" and "I-1" Districts.
(1) Building heights. No building shall exceed three stories or forty-five feet in height, except as modified by Section 1149.04.
(2) Yards. No building shall be less than thirty feet distant from any boundary of the tract on which the office, research or industrial development is located. Loading, parking and storage shall be permanently screened from all adjoining properties located in any "R" District by building walls, or a solid wall or compact evergreen hedge at least six feet in height. All intervening spaces between the street pavement and the right-of-way line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.
(3) Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate thirty-five percent (35%) of the total area of the lot or tract.
(4) Parking space. Notwithstanding any other requirements of this Zoning Ordinance, there shall be provided at least one off-street space for each employee of the maximum working shift. Parking areas will not be located closer than twenty-five feet to any adjoining lot line in any "R" or "C" District and shall be set back at least thirty feet from the street right-of-way line. The parking area shall be graded for proper drainage and improved so as to provide a durable and dust-free surface.
(5) Access drives and illumination of parking areas. Access drives shall be at a minimum interval of 300 feet, and illumination of parking areas shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
(Ord. 22-87. Passed 5-11-87.)
(d) Submission and Approval of Final Development Plan.
(1) Upon determination by the Commission that the proposed office, research or industrial development, as shown by the preliminary plan, appears to conform to the requirements of this section and all other applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required or suggested by the Commission. In addition to those items required under the preliminary development plan, the final development plan shall include the proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities. At the time of filing of the final development plan, the applicant shall pay a fee of one hundred dollars ($100.00), no part of which shall be refundable.
(2) In addition to the final development plan for any development involving the extension of utilities or the construction of or alteration to any street, the owner shall also submit conceptual utility drawings containing the following information:
A. The pipe size, slope, manholes and location of the sanitary sewer system;
B. The size, shape and slope for all pipes and channels of the storm sewer system with accompanying storm drainage calculations;
C. The size and location of water lines and fire hydrants; and
D. Street grades, cross sections, elevations and contours at two foot intervals;
If a conceptual utility plan is required, the applicant shall pay a fee of fifty dollars ($50.00) per acre for each acre in the subdivision; however, such fee shall not be less than two hundred fifty dollars ($250.00) for the purposes of reviewing such utility plans.
(Ord. 22-87. Passed 5-11-87.)
(3) Prior to approval of the final development plan or amendment to a final development plan by Council, the applicant shall pay a public area fee, if no such fee was paid for the land at the time of subdivision, in an amount equal to one hundred dollars ($100.00) for each 1,000 gross square feet devoted to office or showroom use and fifty dollars ($50.00) for each 1,000 gross square feet devoted to warehouse or manufacturing use within the building. (Ord. 71-87. Passed 10-26-87.)
(4) If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan, with its report and recommendations, to Council which shall hold a public hearing on the proposed development plan.
(5) Following a public hearing, Council may approve the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance and is in substantial conformity with the final plan as approved by the Commission.
(Ord. 22-87. Passed 5-11-87; Ord. 47-97. Passed 7-28-97.)
(e) In the event the applicant receiving approval of the office, research or restricted industrial development project does not proceed with its consultation within the time limit established by the Commission, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interest of the City will not be served by the applicant continuing to hold the approval, the Commission shall make such recommendation to Council. After receiving the recommendation from the Commission, Council may initiate necessary proceedings to revoke the approval.
(Ord. 22-87. Passed 5-11-87.)
(f) Changes, Adjustments, or Rearrangements of the Final Development.
(1) After the final development plan has been approved by Council, a request for the change, adjustment, or rearrangement of buildings, parking areas, entrances, heights, or yards shall be submitted to the Director of Planning and Building for a determination as to whether a review of such change, adjustment, or rearrangement by the Planning Commission is required. If the proposed amendment otherwise complies with this Planning and Zoning Code, contains changes that do not conflict with the standards established by the final development plan, and maintains the character and integrity of the original development, then such amendment may be approved by the Director of Planning and Building without further review. The City may establish standards of review in making such determination, including without limitation, the degree of:
A. Expansion or demolition of structures;
B. Change to parking spaces or traffic circulation in parking lots; and,
C. Change in the overall character of the development.
(2) Upon a determination by the Director of Planning and Building that a review by the Planning Commission is necessary, the owner or developer shall submit an application to the Director of Planning and Building for a Planning Commission Review of Amendment to Development Plan.
(Ord. 09-2013. Passed 4-15-13.)
(3) The Planning Commission may disapprove such proposed amendment, but may recommend a further review by Council for any reason, in which case a report and recommendation shall be forwarded to Council. Council shall hold a public hearing on the proposed amendment, and, if, thereafter, Council determines such proposed amendment substantially conforms to the standards established by the final development plan, and complies with this Planning and Zoning Code, such amendment may be authorized by Council, by resolution or ordinance.
(4) The Planning Commission may:
A. Disapprove such proposed amendment with no further review by Council; or
B. Approved such proposed amendment with no further review by Council if it determines that the amendment substantially conforms to the standards established by the final development plan and it complies with this Planning and Zoning Code.
Provided, however, that a decision of the Planning Commission to approve an amendment to a development plan with no further review may be appealed to Council by any Planning Commission member or Council member by the filing of a written notice with the Clerk of Council within fifteen days of such decision, in which case a report and recommendation shall be forwarded to Council.
(5) Nothing in this section is intended to limit or restrict the right of appeal of a decision of the Planning Commission to Council as set forth in this Planning and Zoning Code.
(6) All applications for a Planning Commission Review of Amendment to Development Plan shall be submitted with a fee of fifty dollars ($50.00).
(Ord. 47-97. Passed 7-28-97.)
1175.03 PERFORMANCE REQUIREMENTS.
(a) Requirement Limits. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this Zoning Ordinance may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:
(1) Fire hazards. Any activity involving the use or storage of chemicals, or flammable or explosive materials shall be protected by adequate fire- fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(2) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3) Noise. Noise which is objectionable as determined by the Board of Zoning Appeals due to volume, frequency or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement. The following table shall be used to determine the maximum noise level permitted:
Octave Band in Cycles Per Second | Along Residence District Boundaries - Maximum Permitted Sound Level in Decibels | Along All Commercial and Industrial District Boundaries - Maximum Permitted Sound Level in Decibels |
0 to 150 | 70 | 70 |
150 to 300 | 60 | 66 |
300 to 600 | 52 | 60 |
600 to 1200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
Above 2,400 | 34 | 41 |
(4) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(5) Smoke. Smoke shall not be emitted with a density greater than No. 1 on the Ringlemann Chart as issued by the U.S. Bureau of Mines except for a blow-off period of ten minutes duration of one per hour when a density of not more than No. 2 is permitted.
(6) Odors. No odors shall be permitted which are offensive or which produce a public nuisance or hazard.
(7) Air pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property, which can cause excessive soiling, or is in violation of any State or federal laws or regulations.
(8) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an "I" District or from any public street, road or highway.
(9) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(10) Water pollution. No pollution of surface or ground water shall be permitted which is harmful to persons or harmful to animals, vegetation or other property, or is in violation of any State or federal laws or regulations.
(Ord. 22-87. Passed 5-11-87.)
(b) Enforcement Provisions.
(1) Proof of compliance. In any prior review required by the Municipal Planning Commission, the Commission may request environmental impact studies, and may request and receive reports and studies from local and state agencies and departments having jurisdiction over the property indicating whether any issues relating to or involving hazardous substances or environmental laws exist which would negatively impact the areas surrounding the property under consideration.
(Ord. 83-94. Passed 4-10-95.)
(2) Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists' Association, Inc., Washington, D.C.; and the United States Bureau of Mines.
(Ord. 22-87. Passed 5-11-87.)
1175.04 MOTELS AND MOTOR HOTELS.
Motels and motor hotels shall comply with the sanitary regulations prescribed by the Health Officer having jurisdiction, and in addition shall comply with the following regulations:
(a) Any lot to be used for a motel shall not be less than two acres in area.
(b) All areas not used for access, parking, circulation, buildings and services shall be landscaped and the entire site maintained in an attractive and sanitary condition.
(Ord. 51-71. Passed 12-13-71.)
1175.05 SIGNS.
(EDITOR’S NOTE: Former Section 1175.05 was repealed by Ordinance 25-2002. Passed July 1, 2002. See Chapter 1170 for current regulations pertaining to signs.)
1175.06 MINERAL EXTRACTION, STORAGE AND PROCESSING; OIL AND GAS WELLS.
The extraction, storage and processing of minerals and earthen materials shall be conducted in accordance with the requirements of this section.
(a) Extraction, storage and processing of minerals of all types shall be permitted only in accordance with the Use Regulations of Chapter 1147.
(b) The performance requirements of Section 1175.03 shall be met.
(c) Mineral extraction, storage or processing shall not be conducted closer than 500 feet from any "R" District, nor closer than 200 feet from any structure used for human occupancy in any other district. Operations shall be conducted only during the hours of 7:00 a.m. to dusk.
(d) Buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible shall be demolished and/or removed within one year of ceasing operation.
(e) The operator shall file with the Building Inspector a location map which clearly shows area to be mined and the location of adjacent properties, roads and natural features.
(f) The operator shall submit information of the anticipated depth of excavations and on depth and probable effect on the existing water table as coordinated with the Ohio Division of Water.
(g) The operator shall file with the Municipal Planning Commission a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage course or other improvements contemplated.
(h) The operator shall file with Council a bond, payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate, per acre of property to be mined, of the required bond shall be fixed by ordinance of Council. The bond shall be released upon written certification of the Building Inspector that the restoration is complete and in compliance with the restoration plan. (Ord. 49-84. Passed 6-11-84.)
1175.07 TEMPORARY BUILDINGS.
Temporary buildings or trailers used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work. Temporary use permits are required in all cases, may be issued by the Building Inspector including conditions he may stipulate and shall be reviewed after each six-month period.
(Ord. 51-71. Passed 12-13-71.)
1175.071 TEMPORARY USE.
A temporary use permit may be granted where the temporary use of a structure or premises in any district is proposed for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Ordinance for the district in which it is located, provided that such use is of a temporary nature less than ninety days duration and does not involve the erection of a substantial structure. Such temporary use permit may also include any associated site temporary signage. A temporary use permit for such use shall be granted by the City Manager or his designee in the form of a temporary and revocable permit, for not more than a ninety-day period subject to such conditions as will safeguard the public health, safety, convenience and general welfare. Any request for a temporary use of less than ninety days duration shall be made on a form approved by the City Manager or his designee and no application fee shall be charged.
(Ord. 11-2001. Passed 4-2-01.)
1175.08 ADVANCED TECHNOLOGIES.
(a) Within nonresidential districts, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.
(1) Such ground stations or antennas shall contain no graphic message or advertising.
(2) Ground mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principal building or structure on the property where the station is located and shall not exceed an above grade height of twelve feet.
B. Such stations or antennas shall not be located within fifty feet of a public right of way, thirty feet of a rear or side lot line and not closer than fifty feet from a lot line of a residential district as defined in Section 1141.03.
C. Such stations or antennas shall be mounted in a concrete base in line with grade and only metal supports of a galvanized construction shall be utilized.
D. Wiring between such station and any other structure shall be placed underground.
E. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.
(3) Roof mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
A. Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.
B. Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than eight feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
C. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires. (Ord. 87-83. Passed 3-12-84.)
1175.09 SEXUALLY ORIENTED BUSINESSES.
(a) No person shall operate, locate or permit the location of a Sexually Oriented Business in an I-1 or I-2 zoning district within 500 feet of any structure in any single, two- or multi-family zoning district, church, synagogue, temple, park, day care center, preschool or school.
(b) No person shall operate, locate or permit the location of a Sexually Oriented Business in an I-1 or I-2 zoning district within 1000 feet of another Sexually Oriented Business.
(c) Not more than one Sexually Oriented Business shall be operated, located or established in the same building, structure, or portion thereof.
(d) An Adult Motel, as defined in Section 1123.642 shall not be permitted to operate, locate or be established anywhere in the City.
(e) Each subsection of this section is an independent part thereof and the holding of any subsection of this section to be unconstitutional, void, beyond authority of the City or legally ineffective for any reason shall not affect the validity or constitutionality of any other subsection of this section. (Ord. 68-2001. Passed 1-7-02.)
1175.10 BED AND BREAKFAST ESTABLISHMENTS.
A bed and breakfast establishment shall be occupied as a residence by the manager or owner of the establishment and no more than five guests or lodgers for compensation shall be permitted at any one time. The guest or lodger for compensation shall reside at the establishment for no more than twenty consecutive days. One off-street parking space shall be provided for each guest room and excluding the owner's or manager's personal garage spaces. Such spaces shall conform to the standards of Chapter 1171 for commercial uses and shall be provided on the property used for a bed and breakfast establishment or on an adjoining parcel if provided by agreement between property owners. Signage shall be limited to one sign not exceeding four square feet per side. No special gatherings such as receptions or parties for compensation shall be conducted at a bed and breakfast establishment, except for events promoting the establishment not to exceed three such events per year. Such events shall require the prior approval of the Director of Safety. The Director may refuse to approve such event if, in the Director's judgment, the event is detrimental to the health, safety or welfare of the community.
(Ord. 45-91. Passed 5-13-91.)
1175.11 PUBLIC AREA PAYMENTS.
(a) Every commercial or industrial development project owner or developer, whether or not the commercial or industrial development project is subject to development plan regulations, shall be required to make a cash payment to the City in the amount of one hundred dollars ($100.00) per 1000 gross square feet of new or expanded commercial or industrial space for deposit in the Special Parks Fund. Such deposits shall be used for the capital costs associated with the City’s parks, playground and recreation areas. No public area payment shall be required for any commercial or industrial development project owner or developer who was required to make a dedication of land to the City pursuant to Section 1101.06(a).
(Ord. 33-2001. Passed 11-5-01.)
(b) The public area payment required by this section shall be made prior to the issuance of the building permit for the project.
(c) A credit shall be granted for any commercial or industrial development constructed on a lot which previously contained a similar structure, but which structure was demolished on or after January 1, 1995. The credit shall be in an amount which would have been paid for such demolished structure in accordance with the schedule set forth in subsection (a) hereof. In no event shall the credit granted be greater than the payment due in connection with the new development.
(Ord. 14-95. Passed 4-10-95.)
(Ord. 14-95. Passed 4-10-95.)
1175.12 MARIJUANA DISPENSARY CONDITIONS.
(a) No Marijuana Dispensary shall be located within five hundred (500) feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground as defined in Ohio Revised Code Section 3796.30.
(b) A Marijuana Dispensary shall not be located adjacent to a parcel of real estate having situated on it a dwelling if the outdoor lighting required by the applicable provisions of Ohio Revised Code Chapter 3796 and Ohio Administrative Code Chapter 3796 or Ohio Revised Code Chapter 3780 and Ohio Administrative Code Chapter 1301:18 would result in the light level along the property line of such parcel to exceed zero (0) footcandles.
(c) A Marijuana Dispensary shall not be located or permitted to operate in the City of Worthington unless it has a current and valid certificate of operation or license issued by either the department of commerce or the state board of pharmacy pursuant to Ohio Revised Code Chapter 3796 and Ohio Administrative Code Chapter 3796 or the division of cannabis control pursuant to Ohio Revised Code Chapter 3780 and Ohio Administrative Code Chapter 1301:18.
(d) A Marijuana Dispensary shall cease operations in the City of Worthington during any period of time in which it fails to be operating in compliance with the applicable provisions of Ohio Revised Code Chapter 3796 and Ohio Administrative Code Chapter 3796 or Ohio Revised Code Chapter 3780 and Ohio Administrative Code Chapter 1301:18.
(e) A conditional use permit shall expire if a Marijuana Dispensary has not been issued a certificate of operation or license by either the department of commerce, the state board of pharmacy, or the division of cannabis control within one year of the Commission granting the conditional use permit.
(Ord. 26-2024. Passed 7-15-24.)
1177.01 PURPOSE.
The purpose of this chapter is to maintain a high character of community development, to protect and preserve property, to promote the stability of property values and to protect real estate from impairment or destruction of value for the general community welfare by regulating the exterior architectural characteristics of structures and preservation and protection of buildings of architectural or historical significance throughout the hereinafter defined Architectural District. It is the further purpose of this chapter to recognize and preserve the distinctive historical and architectural character of this community which has been greatly influenced by the architecture of an earlier period in this community's history. These purposes shall be served by the regulation of exterior design, use of materials, the finish grade line, landscaping and orientation of all structures hereinafter altered, constructed, reconstructed, erected, enlarged or remodeled, removed or demolished in the hereinafter defined Architectural District.
(Ord. 36-90. Passed 10-22-90.)
1177.02 DISTRICT BOUNDARIES.
There is hereby established an Architectural District which shall include all lots within the area of the original Village of Worthington as laid out in 1803, bounded on the north by North Street, on the south by South Street, on the east by Morning Street and on the west by Evening Street including all lots abutting on the aforegoing named streets and additionally the lot at the southeast corner of East South Street and Granby Street and to the south along Granby Street.
The Architectural Review District shall also include all lots abutting High Street within the corporate limits of the City on both the east and west sides commencing at North Street and extending north to the northernmost corporation line and commencing at South Street and extending to the southernmost corporation line; and all lots abutting Granville Road within the corporate limits of the City on both the north and south sides commencing at Morning Street and extending east to the easternmost corporation line and commencing at Evening Street and extending west to the westernmost corporation line; plus the lot at the northwest corner of Pingree Drive and East Dublin-Granville Road and the lot immediately adjacent thereto to the north along Pingree Drive; plus all lots within the Kenyon Brook Subdivision, the Bellebrooke Subdivision, Rehe’s Subdivision, the Maxton Place Subdivision, the Worthington Mall Subdivision, the lot at the northeast corner of High Street and East Wilson Bridge Road and the two lots immediately adjacent thereto to the east along East Wilson Bridge Road, the re-subdivision of Lots 21 and 22 of the Morris Addition (Greenwich Street East Subdivision.) and the parcel at 966 Proprietors Road created by Subdivision Without Plat (SWOP 02-05) approved September 6, 2005. The boundaries of the above described Architectural District are additionally set forth on the map of the City which is attached to original Ordinance 44-2005 and made a part hereof.
(Ord. 44-2005. Passed 10-17-05.)
1177.03 APPLICATION AND NOTICE.
(a) Whenever a structure, as defined by this Zoning Ordinance, whether public or private, within the above described district is proposed to be constructed or erected and whenever an existing structure is proposed to be altered, reconstructed, enlarged or remodeled, if such alteration, reconstruction, enlargement or remodeling involves the exterior design, material, finish grade line, landscaping or orientation of the structure, an application for a certificate of appropriateness shall be filed with the Director of Planning and Building together with a fee based upon the following scheduled:
(1) If the cost of the proposed project is to be two thousand dollars ($2,000) or less the applicant shall pay a fee of two dollars ($2.00).
(2) If the cost of the proposed project is to exceed two thousand dollars ($2,000) a fee of one dollar ($1.00) for each one thousand dollars ($1,000) or fraction thereof of the estimated total cost shall be paid. In no case shall such fee be less than two dollars ($2.00) or more than two hundred dollars ($200.00). (Ord. 09-2013. Passed 4-15-13.)
(b) The application shall be accompanied by a site plan and building elevations drawn to scale indicating at a minimum, the lot dimensions, size, shape and dimensions of the structure, the location and orientation of the structure on the lot and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed narrative description of the proposed design or change of design, use of materials, finish grade line, landscaping and orientation of the structure. Except in single-family residential zoning districts, applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by fifty percent (50%) or more, shall be accompanied by appropriate, relevant colored elevations showing at a minimum, the design, use of materials, finish grade line, landscaping and orientation of buildings and any significant architectural features. In addition, the Board of Architectural Review may require the submission of colored perspectives or architectural renderings in applications where the Board feels it is required.
(Ord. 31-93. Passed 5-24-93.)
(c) Upon receipt of an application for a certificate of appropriateness, which is accompanied by the material required by the provisions of subsection (b) hereof, the Director of Planning and Building shall place the application on the agenda for the Board at its next regular meeting following ten days from the date the application is filed. The Director of Planning and Building shall further cause a public notice of the scheduled hearing date of the application together with a general description of the nature of the application to be posted on the City's website at least ten days prior to the hearing, and post a placard on the property that is the subject of the application stating the date and location of the hearing within that same time period. The applicant shall be notified by mail of the date of the hearing. At the hearing, any party may appear in person or by attorney.
(Ord. 01-2017. Passed 1-17-17.)
1177.04 BOARD OF ARCHITECTURAL REVIEW.
The Board of Architectural Review shall consist of the members of the Municipal Planning Commission and two additional members annually appointed by Council. These two additional members shall represent the Architectural Review District and one or both of them shall be a resident freeholder of such District.
(Ord. 22-87. Passed 5-11-87.)
1177.05 STANDARDS FOR REVIEW: CERTIFICATE OF APPROPRIATENESS.
(a) The Board of Architectural Review, in deciding whether to issue a certificate of appropriateness, shall determine that the application under consideration promotes, preserves and enhances the distinctive historical village character of the community and would not be at variance with existing structures within that portion of the district in which the structure is or is proposed to be located as to be detrimental to the interests of the Districts as set forth in Section 1177.01. In conducting its review, the Board shall make examination of and give consideration to the elements of the application including, but not necessarily limited to:
(2) Building massing, which shall include in addition to the requirements of Chapter 1149
, the relationship of the building width to its height and depth, and its relationship to the viewer's and pedestrian's visual perspective;
(3) Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship of window openings;
(4) Exterior detail and relationships, which shall include all projecting and receding elements of the exterior, including but not limited to, porches and overhangs and the horizontal or vertical expression which is conveyed by these elements;
(5) Roof shape, which shall include type, form and materials;
(6) Materials, texture and color, which shall include a consideration of material compatibility among various elements of the structure;
(7) Compatibility of design and materials, which shall include the appropriateness of the use of exterior design details;
(8) Landscape design and plant materials, which shall include, in addition to requirements of this Zoning Code, lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views;
(9) Pedestrian environment, which shall include the provision of features which enhance pedestrian movement and environment and which relate to the pedestrian's visual perspective; and (Ord. 22-87. Passed 5-11-87.)
(10) Signage, which shall include, in addition to requirements of Chapter 1170
, the appropriateness of signage to the building.
(Ord. 25-2002. Passed 7-1-02.)
(11) Sustainable Features, which shall include environmentally friendly details and conservation practices such as solar energy panels, bike racks, and rain barrels. (Ord. 04-2010. Passed 3-1-10.)
(b) In conducting its inquiry and review, the Board may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding the matters under examination. It may recommend to the applicant changes in the plans that it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Board shall keep a record of its proceedings and shall append to the application copies of information, sketches and data needed to clearly describe any amendment to it.
(Ord. 22-87. Passed 5-11-87.)
(c) When its review is concluded, the Board will determine by a vote of its members, whether the application for a certificate of appropriateness shall be approved. If approved by four or m ore of its members, the Board shall return the application and appended material to the Director of Planning and Building with the instruction that the certificate of appropriateness be issued, provided all other requirements for a permit, if applicable, are met. The certificate of appropriateness shall be valid for eighteen months from the date of approval, or such extension as may be granted by the Board. If not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued because the application did not meet the criteria and standards set forth herein.
(Ord. 09-2013. Passed 4-15-13.)
1177.06 DEMOLITION OF A BUILDING.
(a) Whenever a building within the District is proposed to be demolished, partially demolished or removed, an application for a certificate of appropriateness shall be filed with the City Clerk as provided in this chapter. Such application shall set forth the intent to demolish.
(Ord. 36-90. Passed 10-22-90.)
(b) The Board of Architectural Review shall hear the request not sooner than twelve days nor later than sixty days from the date the application is filed and shall advertise such hearing to provide time for public comment. The Board may request a statement from the City's Division of Building Regulation on the structural condition of the building and the conformity of the building to applicable building codes. In addition, the Board may request at the City's expense a written statement concerning the proposed demolition by a registered architect, historical conservator or other professional having experience with historic structures. Such statement shall be taken into consideration in determining the appropriateness of the request. The applicant may provide at his or her expense any evidence or testimony from a registered architect, historical conservator or other professional having experience with historic structures. The Board of Architectural Review shall act on the request not later than thirty days after the initial hearing on the application. The applicant may waive this requirement by filing with the Director of Planning and Building a written statement waiving the right to have his or her application acted upon within such thirty-day period.
(Ord. 09-2013. Passed 4-15-13.)
(Ord. 09-2013. Passed 4-15-13.)
(c) The Board of Architectural Review shall determine by a vote of its members whether to issue a certificate of appropriateness based on the determination:
(1) That such building is not historically or architecturally significant;
(2) That if the building is found to be historically or architecturally significant, there is no feasible or prudent alternative or change that would allow preservation of the building; and
(3) The proposal for grading, landscaping and other design treatment once the structure is removed meets the standards of this chapter.
(d) In any circumstance, the Board shall not deny a request for a certificate of appropriateness if it determines either:
(1) That such denial will deny all reasonable use of the property or
(2) That such denial shall result in an unsafe condition because of the structural or physical condition of the building.
(e) No building shall be demolished or removed in the Architectural Review District without the owner or his or her representative first obtaining a certificate of appropriateness approving such removal or demolition, unless such building presents an immediate danger to public health and safety in the opinion of the City's Chief Building Official, in which event, the Chief Building Inspector may order removal or demolition of such building in order to protect public health and safety.
(Ord. 36-90. Passed 10-22-90.)
1177.07 REPAIR OR MAINTENANCE EXCEPTION.
Nothing in this chapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary planting and landscaping now in the District.
(Ord. 22-87. Passed 5-11-87.)
1177.08 APPEALS.
The Board of Architectural Review shall decide all applications for architectural review not later than thirty days after the first hearing thereon.
(a)
Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved by any decision of the Board involving an application for architectural review approval, or any member of Council whether or not aggrieved, may appeal such decision to Council by filing notice of intent to appeal with the City Clerk within ten days from the date of the decision, identifying the application appealed and the basis for the appeal.
(Ord. 16-2016. Passed 5-2-16.)
(b) Council may then elect to hold a public hearing on the appeal by the affirmative vote of a majority of its members, or failing to so elect, shall reject the application for appeal. In the event Council elects to hold a public hearing on the request for appeal, the hearing shall be held not later than sixty days after a final decision has been rendered by the Board. Council, by a majority vote of its members, shall decide the matter and its decision shall be final.
(Ord. 22-87. Passed 5-11-87.)
(c) If no notice of intent to appeal is filed with the City Clerk within the period specified in subsection (a) hereof, Council may at the option of a majority of its members and not later than ten days following the expiration of the appeal period, elect to review any architectural review decision of the Board. Council shall schedule a public hearing on the matter which shall not be held more than sixty days after a final decision was rendered by the Board. At a public hearing, Council by a majority vote of its members, shall decide the matter and its decision shall be final. (Ord. 09-2013. Passed 4-15-13.)
1178.01 PURPOSE.
The purpose of the Olentangy River Road Corridor Overlay District is to allow for responsible development of properties within the defined Olentangy River Road Corridor, while respectfully retaining and/or enhancing the rural residential character of the area.
(Ord. 22-2008. Passed 5-19-08.)
1178.02 DISTRICT BOUNDARIES.
There is hereby created the Olentangy River Road Corridor District which shall include all parcels within the corporate limits of the City and be bounded:
(a) On the north by the south right-of-way of West Dublin-Granville Road;
(b) On the east by the west right-of-way of State Route 315;
(c) On the south by the corporate limits of the City; and
(d) On the west by those parcels abutting or addressed on Olentangy River Road between the north and south boundaries of the District as set forth herein.
(Ord. 22-2008. Passed 5-19-08.)
1178.03 STANDARDS
The following standards shall be applicable to all new Subdivisions and Planned Unit Developments within the above described District:
(a) Setback: All Structures shall be the following distances from the property line:
(1) Olentangy River Road - 50'
(2) Side and Rear Yards abutting existing Lots - 40'
(3) State Route 315 Right-of-Way - 60'
Within the Setback area: retention of existing native vegetation and planting of new vegetation is expected. Fences may be appropriate in required Side and Rear Yards but shall not be placed in Front Yards or within the Olentangy River Road required setback. Accessory Structures and/or parking areas shall not be placed within the Olentangy River Road required setback.
(b) Dwelling Units: The allowable number of Dwelling Units shall be no greater than 3.5 per acre. Dwelling Units may not be built above one another (i.e. stacked so that there are different Dwelling Units on different floors of the same Structure). The minimum living space for each Dwelling Unit shall be 1600 square feet.
(c) Grade: Grade shall not be raised or lowered more than 2' except otherwise provided in the approved Subdivision or Planned Unit Development. In no case shall the natural bluff near the 760 foot elevation be eliminated or significantly altered.
(d) Recreation Paths and Sidewalks: Recreation Paths or Sidewalks shall be required in the Right-of Way along Olentangy River Road, except such Recreation Paths and Sidewalks may be placed in the Setback area where needed or required. All such Recreation Paths and Sidewalks shall follow the existing grade as closely as possible, and be constructed around trees 6" caliper or larger.
(e) Trees: All healthy trees 6" caliper or larger shall be retained, or replaced with total tree trunk equal in diameter to the removed tree.
(Ord. 04-2013. Passed 2-19-13.)
1178.04 PERMITTED USES.
Only residential uses shall be permitted in the District, except for the use permitted under the existing Conditional Use Permit for a portion of the property at 6121 Olentangy River Road (and any subsequent modifications of that permit or any new Conditional Use Permit which is subsequently issued).
(Ord. 22-2008. Passed 5-19-08.)
(Ord. 22-2008. Passed 5-19-08.)
1179.01 PURPOSE.
This chapter is to establish regulations for the placement, construction and modification of antennae, towers, and other supporting structures for antennae and other structures or facilities to provide wireless telecommunications services. The regulations are meant to protect the health, safety and welfare of the community while not unreasonably interfering with the development of wireless telecommunications systems which serve the residents and businesses of our community. Specifically, the purposes of this chapter are:
(a) To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities;
(b) To minimize adverse visual impacts of communication towers and wireless telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
(c) To promote and encourage shared use/co-location of communications towers and antenna support structures as a primary option rather than construction of additional single-use towers;
(d) To avoid potential damage to adjacent properties caused by communications towers and wireless telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed;
(e) To the greatest extent feasible, ensure that communications towers and wireless telecommunications facilities are compatible with surrounding land uses;
(f) To the greatest extent feasible, ensure that proposed communications towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns;
(g) To encourage the location of towers and antennae in areas where the adverse impact on the community is minimal; and
(h) To protect the public health and safety through the proper location and construction of towers and antennae.
(Ord. 11-98. Passed 3-9-98.)
1179.02 APPLICABILITY.
All towers, antennae, antenna support structures and wireless telecommunications facilities any portion of which is located within the City are subject to this chapter. Except as provided in this chapter, any use being made of an existing tower, antenna support structures or other wireless telecommunications facility (herein “Nonconforming Structures”) shall be allowed to continue, even if in conflict with the terms of this chapter, until such structure is modified or replaced.
(Ord. 11-98. Passed 3-9-98.)
1179.03 DEFINITIONS.
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein, when not inconsistent with the context.
(a) "Antenna" means any device used for transmitting and receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals) and wireless telecommunications signals. This definition does not include Over-the- Air Reception devices which receive Television Broadcast Signals, Direct or Broadcast Signals, Direct Broadcast Satellite Services or Multichannel Multi-Point Distribution Services.
(b) "Antenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities.
(c) "Applicant" means any Person that applies for a Conditional Use Permit pursuant to Section VII of this chapter.
(d) "City" means the City of Worthington, a municipal corporation, in the State of Ohio, acting by and through its City Council.
(e) "Co-location" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(f) "Council" means the City Council of the City of Worthington, Ohio.
(g) "Emergency" means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
(h) "Equipment Shelter" means the structure in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.
(i) "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(j) "Monopole" means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(k) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for profit.
(l) "Planning Commission'' means the Municipal Planning Commission of the City of Worthington.
(m) "Tower" means a self-supporting lattice, guyed or Monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC.
(n) "Viewshed" means the area surrounding a Wireless Telecommunications Facility or Antenna Support Structure, within which the Facility or Structure is visible from street level.
(o) "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a Person seeks to locate or has installed upon a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include:
(1) Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial, commercial, or special;
(2) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
(3) Antennas used by amateur radio operators are excluded from this definition. (Ord. 11-98. Passed 3-9-98.)
1179.04 GENERAL REQUIREMENTS.
The following requirements apply to all Wireless Telecommunications Facilities located in the City. These general standards are to be supplemented with specific regulations for the zoning districts in which such Antenna is located.
(a) When a proposed Wireless Telecommunications Facility or Antenna Support Structure is proposed to be located in the City, a site plan at a scale of not less than one inch equals 100 feet shall be submitted. This plat plan shall indicate all land uses and buildings within 200 feet of the proposed facility. Aerial photos and/or renderings may supplement the plat plan.
(b) Photosimulations of the proposed facility from affected residential properties and public rights-of-way shall be provided.
(c) Security fencing six to eight feet in height shall surround the Tower, Equipment Shelter and all appurtenances, either completely or individually as determined by the Planning Commission. The security fencing shall not enclose an area greater than 1,600 square feet and shall meet all requirements for the zoning district in which it is located. No barbed wire shall be permitted except in industrial districts. No razor wire shall be permitted. 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.
(d) Buffer plantings shall be located around the perimeter of the security fence as deemed appropriate by the Planning Commission for all proposed Wireless Telecommunications Facilities subject to the conditional use process. Options are an evergreen screen to be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted six feet on center maximum or other screens determined to be appropriate by the Planning Commission.
(e) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(g) All Towers shall be a Monopole construction. Lattice Towers and guyed towers are prohibited.
(h) The Monopole shall be a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA). Except for the Monopole structures, all appurtenances shall be aesthetically and architecturally compatible with the surrounding environment.
(i) No advertising is permitted anywhere on the Wireless Telecommunications Facility, with the exception of identification signage.
(j) No Monopole or Antenna shall be artificially lighted except to assure safety or as required by the FAA.
(k) Wireless Telecommunications Facilities shall be prohibited in residential districts.
(l) "No Trespassing" signs shall be posted around the Wireless Telecommunications Facility with a telephone number of who to contact in the event of an emergency.
(m) Monopole and Antenna Support Structures must be designed and certified by a Professional Engineer licensed by the State of Ohio to be structurally sound and, at a minimum, in conformance with the Ohio Basic Building Code.
(n) Any Wireless Telecommunications Facilities which are not attached to a Tower shall be an ancillary use to any commercial, industrial, or institutional use provided that the Person making such ancillary use files a written certification with the City establishing the following:
(1) That the total height of the Antenna Support Structure and Wireless Telecommunications Facilities does not exceed the structural height limitations in the applicable zoning district and does not extend more than twenty feet above the height of that portion of the building on which it is located;
(2) That the Antenna Support Structure and Wireless Telecommunications Facilities comply with the Ohio Basic Building Code;
(3) That any Wireless Telecommunications Facilities and their appurtenances located on the roof of a building, are set back one foot from the edge of the roof, not including the penthouse for each one foot in height of the Wireless Telecommunications Facilities. However, this setback requirement shall not apply to Antennas less than two inches in thickness, which are mounted to the sides of Antenna Support Structures, but which do not protrude more than six inches from the side of such an Antenna Support Structure.
(4) That the Wireless Telecommunications Facilities will utilize camouflaging techniques or will be side-mounted to an Antenna Support Structure in order that the Wireless Telecommunications Facilities harmonize with the character and environment of the area in which they are located.
(Ord. 11-98. Passed 3-9-98.)
1179.05 REQUIREMENTS FOR COMMERCIAL DISTRICTS.
(a) Wireless Telecommunications Facilities are conditional uses in all "C" districts of the City if combined with another use or located on the same parcel as a permitted use for the zoning district in which they are located. The Wireless Telecommunications Facility shall meet all requirements of the Code for the district in which it is located and in addition shall meet the following requirements:
(1) Minimum lot area. Wireless Telecommunications Facilities which include a Tower to support the Antenna shall utilize a Monopole Tower and shall be located on a lot of not less than one acre in area.
(2) Minimum yard requirements. Wireless Telecommunications Facilities which include a Tower to support the Antenna shall be located a minimum of sixty feet from any adjoining lot line and a minimum of 120 feet from any lot line of a "residential district" as defined in Section 1141.03
of the Code. Such setback shall apply to all elements of the Wireless Telecommunications Facility including Equipment Shelters and other above ground appurtenances.
(3) Maximum height. Any Tower and any Antenna shall not exceed 100 feet in height. The height for Equipment Shelters associated with a Wireless Telecommunications Facility shall meet requirements for maximum building height for the district in which it is located.
(b) The following requirements shall apply if the Wireless Telecommunications Facility is attached to an existing structure or building.
(1) Maximum height. No portion of any Wireless Telecommunications Facility shall extend more than twenty feet above that portion of the building or structure on which it is located.
(2) Equipment shelters. Any Equipment Shelter associated with a Wireless Telecommunications Facility not located within an existing building shall be effectively screened by a wall of not less than six feet in height or solid landscape screening utilizing evergreen plantings not less than six feet on center and a minimum of six feet in height at time of planting.
(Ord. 11-98. Passed 3-9-98.)
1179.06 REQUIREMENTS FOR INDUSTRIAL DISTRICTS.
(a) Wireless Telecommunications Facilities are permitted uses in all "I" districts of the City. The Wireless Telecommunications Facility shall meet all requirements of the Code for the district in which it is located and in addition, shall meet the following requirements:
(1) Minimum lot area. Wireless Telecommunications Facilities which include a Tower to support the Antenna shall utilize a Monopole Tower and shall be located on a lot of not less than one acre in area.
(2) Minimum yard requirements. Wireless Telecommunications Facilities which include a Tower to support the Antenna shall be located a minimum of sixty feet from any adjoining lot line and a minimum of 120 feet from any lot line of a "residential district" as defined in Section 1141.03
of the Code. Such setback shall apply to all elements of the Wireless Telecommunications Facility including Equipment Shelters and other above ground appurtenances.
(3) Maximum height. Any Tower and any Antenna shall not exceed 150 feet in height. The height for Equipment Shelters associated with a Wireless Telecommunications Facility shall meet requirements for maximum building height for the district in which it is located.
(b) The following requirements shall apply if the Wireless Telecommunications Facility is attached to an existing structure or building.
(1) Maximum height. No portion of any Wireless Telecommunications Facility shall extend more than forty feet above that portion of the building or structure on which it is located.
(Ord. 11-98. Passed 3-9-98.)
1179.07 REQUIREMENTS FOR SPECIAL DISTRICT.
(a) Wireless Telecommunications Facilities are conditional uses in the "S-1" district of the City if combined with another use or located on the same parcel as a permitted use for the zoning district in which it is located. The Wireless Telecommunications Facility shall meet all requirements of the Code for the district in which it is located and in addition shall meet the following requirements:
(1) Minimum lot area. Wireless Telecommunications Facilities which include a Tower to support the Antenna shall utilize a Monopole Tower and shall be located on a lot of not less than one acre in area.
(2) Minimum yard requirements. Wireless Telecommunications Facilities which include a Tower to support the Antenna shall be located a minimum of fifty feet from any adjoining lot line and a minimum of 150 feet from any lot line of a "residential district" as defined in Section 1141.03
of the Code. Such setback shall apply to all elements of the Wireless Telecommunications Facility including Equipment Shelters and other above ground appurtenances.
(3) Maximum height. Any Tower and any Antenna shall not exceed 130 feet in height. The height for Equipment Shelters associated with a Wireless Telecommunications Facility shall meet requirements for maximum building height for the district.
(b) The following requirements shall apply if the Wireless Telecommunications Facility is attached to an existing structure or building.
(1) Maximum height. No portion of any Wireless Telecommunications Facility shall extend more than twenty feet above that portion of the building or structure on which it is located.
(2) Equipment shelters. Any Equipment Shelter associated with a Wireless Telecommunications Facility not located within an existing building shall be effectively screened by a wall of not less than six feet in height or solid landscape screening utilizing evergreen plantings not less than six feet on center and a minimum of six feet in height at time of planting.
(Ord. 11-98. Passed 3-9-98.)
1179.08 CO-LOCATION REQUIREMENTS.
All Wireless Telecommunications Facilities constructed within the City shall be capable of accommodating at least one other Wireless Telecommunications Facility owned by another Person unless the owner of the Wireless Telecommunications Facility can establish that providing for such co-location will cause the Wireless Telecommunications Facility to violate the dimensional requirements of the Planning and Zoning Code of the City or violate federal law, rule or regulation.
(Ord. 11-98. Passed 3-9-98.)
1179.09 ABANDONMENT OF TOWER.
All providers utilizing Towers shall present a report to the Division of Building Inspection of the City notifying them of any Tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the City Engineer may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator and/or landowner will receive written notice from the Building Department and be instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility.
(Ord. 11-98. Passed 3-9-98.)
1179.10 MISCELLANEOUS.
(a) Non-Waiver. Nothing in this chapter shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this chapter.
(b) Severability. If any provision of this chapter or the application of any provision of this chapter to any Person is, to any extent, held invalid or unenforceable by a tribunal of competent jurisdiction the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected by such holding. In case of such an event, this chapter and all of its remaining provisions shall, in all other respects, continue to be effective. In the event the law invalidating such a chapter provision is subsequently repealed, rescinded, amended or is otherwise changed so that the provision which had previously been held invalid or unenforceable, no longer conflicts with the laws, rules or regulations then in effect, the previously invalid or unenforceable provision shall return to full force and effect.
(Ord. 11-98. Passed 3-9-98.)
1180.01 DEFINITIONS; PERMITS.
(a) Definition. "Fence" and "wall" means any structure composed of wood, metal, stone, brick or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers or other vegetation when erected in such a position as to enclose, partially enclose or divide any premises or any part of any premises shall also be considered a fence. Solid fences and walls are those fences and walls which have less than forty percent (40%) free or open area. Gates and gate openings shall not be counted as free or open areas when determining whether or not a fence is solid. Hedges and shrubs shall not be considered fences, but are regulated in Section 1180.07.
(b) Permit and Plan. No fence or wall shall be erected in any district until a permit for such purpose has been issued by the Building Inspector. Application for such permit shall be made in writing and shall be accompanied by plans or drawings showing the actual shape and dimension of the lot on which the fence or wall is to be constructed, the exact location, height, length, type of material and type of construction of such proposed fence or wall and the location of all buildings on the lot or on adjoining lots. The fee for a fence or wall permit shall be twenty-five dollars ($25.00). (Ord. 12-2010. Passed 4-19-10.)
1180.02 "R" DISTRICTS.
(a)
In any "R" District, no fence or wall shall be erected in the area between the right of way line and the building setback line except for a wall necessary to accommodate differences in grade. No fence or wall in an "R" district shall exceed a height of six feet.
(Ord. 52-2016. Passed 12-19-16.)
(b) Solid fences and walls shall be constructed of brick, stone, wood or other compatible material as determined by the Building Inspector. No barbed wire fences or a fence having cutting edges of any kind shall be constructed or maintained within this district. Supporting members for walls or fences shall be installed so as not to be visible from any other property which adjoins or faces the fences or walls. This shall not apply to fences with vertical supporting members where the fence is designed to be identical in appearance from either side.
(Ord. 12-2010. Passed 4-19-10.)
1180.03 "AR" AND COMMERCIAL DISTRICTS.
In any "AR" or Commercial District, no fence or wall shall be erected in the area between the street line and the building setback line. No fence or wall in an "AR" or Commercial District shall exceed a height of six feet, except fences or walls to screen equipment or dumpsters may extend high enough to completely screen the equipment or dumpsters, but shall not exceed a height of ten feet. Solid fences and walls shall be constructed of brick, stone or wood. No barbed wire fences or a fence having cutting edges of any kind shall be constructed or maintained within this district. (Ord. 12-2010. Passed 4-19-10.)
1180.04 INDUSTRIAL DISTRICTS.
In any Industrial District, no fence or wall shall be erected in the area between the street line and the building setback line. No fence or wall in an Industrial District shall exceed a height of ten feet. Fences constructed in an Industrial District shall be of chain link or masonry construction except junk storage and junk sales yards shall be fenced with a solid fence of brick construction to a height of not less than ten feet. (Ord. 12-2010. Passed 4-19-10.)
1180.05 GENERAL REQUIREMENTS.
No fence in any district in the City shall be electrified. Fences for swimming pools shall be in accordance with Chapter 1325.
(Ord. 12-2010. Passed 4-19-10.)
(Ord. 12-2010. Passed 4-19-10.)
1180.06 INSPECTION.
It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Building Inspector, and the fence does not encroach upon another lot or parcel of land. The City shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for the permit as outlined in Section 1180.01(b). However, the issuance of the permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein. (Ord. 12-2010. Passed 4-19-10.)
1180.07 SHRUBBERY AND HEDGES.
No shrubbery or hedge shall be planted beyond the property lines. Except as provided in Section 1149.09 of the Codified Ordinances, it shall be the duty of the owner or occupant of realty on which there is shrubbery or hedges so located as to affect the vision of drivers on the public streets, to keep the same trimmed to a maximum of four feet in order to avoid creating traffic hazards. Where this is not done within ten days after notice by the Director of Service, it shall be lawful for the employees of the City to enter upon such property and trim the shrubbery or hedge at the expense of the property owner. Any shrub or hedge found to be located upon public property may be removed by the City at any time.
(Ord. 12-2010. Passed 4-19-10.)
1180.08 GROWTH OF BAMBOO.
(a) Definitions. As used in this chapter, certain terms are defined as follows:
(1) "Bamboo" means any tropical or semi-tropical grasses classified as "running bamboo" with monopodial (leptomorph) rhizome (root) systems which typically send off the rhizomes far away from the plant.
(2) "Bamboo Owner" means any property owner or resident who has planted and/or grows Bamboo, or who maintains Bamboo on the property, or who permits Bamboo to grow or remain on the property even if the Bamboo has spread from an adjoining property. Any property owner or resident at whose property Bamboo is found will be considered a Bamboo Owner, except any property owner or resident who:
A. Did not plant or grow or cause Bamboo to be planted or grown on his or her property; and
B. Has provided satisfactory proof to the City that, within a reasonable period of time after discovering the encroachment of Bamboo onto the property from an adjoining or neighboring property, advised the owner of such property, by delivery of a written notice, of an objection to the encroachment of the Bamboo and a request for the Bamboo to be removed; and
C. Has initiated steps for the removal of the Bamboo from the property.
(b) Applicability. For purposes of this Section 1180.08, Bamboo found growing upon property shall constitute presumptive evidence that the Bamboo was planted and/or grown by and with the consent of the owner upon whose property the Bamboo is growing. If the Bamboo is found to have encroached, spread, invaded or intruded upon any property other than the property on which it was planted, including public property and right-of-way, it shall be presumed that the Bamboo is "running bamboo" as defined herein, and subject to the provisions of this Section 1180.08.
(c) Duty to Confine. All Bamboo Owners must confine Bamboo in a manner that will prevent the Bamboo from encroaching, spreading, invading or intruding onto any other private or public property or right-of-way, and shall be required to take any such reasonable measure to do so, including but not limited to the installation of a properly constructed and maintained underground physical barrier system. A Bamboo Owner who fails to confine Bamboo to the Bamboo Owner's property shall be subject to the penalty provisions of Section 1180.08(g) herein.
(d) Property Owners Affected by Bamboo. In the event that a property owner notifies a Bamboo Owner that Bamboo is encroaching, spreading, invading or intruding upon such property owner's property, as required under Section 1180.08(a)(2)B., such notifying property owner shall give consent to the Bamboo Owner for the Bamboo Owner to enter such notifying property owner's property in order that the Bamboo Owner may remove the Bamboo thereon. Failure to give consent shall hold the notifying property owner responsible for the removal of the encroaching Bamboo at such property owner's cost. Consent hereunder shall also be deemed to be consent given to a contractor that the Bamboo Owner may hire for the removal of the Bamboo, and to the City or the City's contractor should that become necessary. Neither the Bamboo Owner, the City, or a contractor hired on behalf of the Bamboo Owner or the City to remove Bamboo from a neighboring property, shall be liable for incidental damages caused by the removal of the Bamboo.
(e) Failure to Confine. In the event Bamboo growing on a Bamboo Owner's property encroaches or grows onto an adjoining or neighboring property, and the Bamboo Owner fails to remove the Bamboo, or fails to cause it to be removed following a request to do so by the affected adjoining property owner within ten (10) days from the date of the request, the affected adjoining property owner shall notify the Director of Service and Engineering of such encroachment. The Director shall be provided satisfactory proof from the affected adjoining neighbor that the Bamboo Owner was notified of the encroachment and had the requisite number of days to remove the Bamboo. The Director shall confirm the presence of the encroaching Bamboo and shall notify the Bamboo Owner in writing of such encroachment, which notice shall:
(1) Specify the nature and location of the violation;
(2) Provide notice of the requirement to remove all portions of the Bamboo plant from the affected adjoining property within ten (10) days from the date of the notice; and
The Director's notice shall be sent to the Bamboo Owner by certified mail, return receipt requested.
(f) Appeal. If a Bamboo Owner believes that the determination of the Director of Service and Engineering that he or she is in violation of the provisions of this Section 1180.08 is in error, then that determination may be appealed to the City Manager within five (5) days of receipt of the notice to remove the Bamboo issued pursuant to subsection (e) hereof, by the filing of a written notice of appeal. The Bamboo Owner shall have the opportunity to present relevant evidence to the City Manager, or the City Manager's designee (which may be a hearing officer appointed by the City Manager), with or without legal counsel. A record of the hearing shall be kept, including without limitation all documentary evidence presented together with a record of the testimony offered by any witnesses, whose testimony shall be duly sworn. The decision of the City Manager, or designee, shall be rendered at the hearing and mailed to the person to whom the original notice was served by regular and certified mail, within five (5) days of the date of the decision.
At the hearing, the City Manager, or designee, may: (i) direct the Bamboo Owner to remove the encroaching Bamboo within ten (10) days of the receipt of the appeal decision; (ii) order the Bamboo to be removed, order the installation of a physical barrier system (for subsequent violations), or order both, either with City crews or by contracting with a third party, in which case the Bamboo Owner will be charged with the cost of such work ordered to be done, plus a 25% administrative fee as set forth in subsection (j) hereof; or (iii) grant the appeal and reverse the Director's order.
(g) Penalty. Any Bamboo Owner, whether a person, firm, corporation, or other legal entity, that is found to have failed to remove Bamboo when noticed to do so under Section 1180.08(e) shall be fined $100.00 per day for each day that the Bamboo remains after the expiration of the 10-day notice period given by the Director of Service and Engineering. This penalty shall be vacated only if the Bamboo Owner is found not to be responsible for the Bamboo removal as a result of an appeal determination. A penalty shall be stayed from the date the matter is appealed to the date the appeal is decided. All penalty amounts not paid when due may result in the City pursuing collection through the court, which amounts sought shall include all unpaid fines plus the cost of collection.
(h) City Removal of Bamboo. If the Bamboo Owner fails to remove the Bamboo as directed in the notice sent pursuant to subsection (f) or as a result of an order to do so by the City Manager at the appeal hearing, the Director of Service and Engineering shall cause the Bamboo to be removed and destroyed, and may employ the necessary labor and equipment to perform such task, together with any cleanup work required, within appropriations previously made by Council. The City shall not be liable to an owner of property affected by Bamboo for damages caused as a result of the Bamboo removal.
(i) Installation of a Physical Barrier System by City. Successive violations of this Ordinance may result in the City determining, at the City's discretion, to enter upon the land of the Bamboo Owner and install a physical barrier system designed to contain the Bamboo and prevent its encroachment to adjoining properties. The cost of the installation of the barrier system shall be charged to the Bamboo Owner as provided in subsection (j) herein. The City shall not be liable to a Bamboo Owner for damages caused as a result of the barrier system installation.
(j) Statement of Cost to Owner. When the Director of Service and Engineering causes Bamboo to be removed as provided in subsection (h) above, or when the City installs a physical barrier system as provided in subsection (i) above, a statement of the cost thereof shall be mailed to the Bamboo Owner by certified mail, return receipt requested. If the certified mail is returned or refused, then such statement may be sent by ordinary mail, or personal service by posting at the subject property if the Bamboo Owner is the occupant thereof, by any means that assures and documents delivery. Such statement of cost shall include the following costs of the City:
(1) Labor and materials.
(2) Transportation of equipment.
(3) Equipment rental.
The minimum fee to be charged shall be twenty-five dollars ($25.00) per hour. A 25% administrative fee shall be charged on the total amount of the costs of removal.
(k) Cost Payment; Unpaid Costs a Lien. The Bamboo Owner shall pay such amounts as are charged in accordance with subsection (j) hereof to the City Clerk within thirty days after receipt of the statement of costs. Any payment so received shall be restored to the appropriation from which the cost was paid. If the fee is not paid when due, the Director of Finance shall certify to the County Auditor the proceedings taken under this section, together with a statement of the charges for services as listed in subsection (j) hereof and a legal description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City General Fund as provided by Ohio Revised Code Section 731.54. These costs shall be separate from any fine that may be imposed as a penalty under subsection (g) hereof.
(Ord. 21-2015. Passed 6-15-15.)
1181.01 PURPOSE.
The purpose of this Chapter is to facilitate implementation of the Wilson Bridge Road Corridor Study (Res. 18-2011), which promotes the redevelopment of the Wilson Bridge Road Corridor into a mixed use area that will generate new economic growth within the City. These requirements are intended to foster development that strengthens land use and economic value; to encourage a mix of uses; to enhance the livability of the area; to augment pedestrian and bicycle connections; and to promote construction of high-quality buildings and public spaces that help create and sustain long-term economic vitality.
(Ord. 12-2016. Passed 4-18-16.)
1181.02 DISTRICT BOUNDARIES.
There is hereby created the Wilson Bridge Corridor (WBC) which shall include all parcels with access from Wilson Bridge Road and Old Wilson Bridge Road, between the Olentangy River to the west, and the railroad to the east. The WBC shall also include properties adjacent to N. High St., from I-270 to Caren and Highland Avenues, but shall exclude any parcels owned by the City that are used for parkland purposes. Properties currently in the Architectural Review District shall also be subject to the provisions in Chapter 1177. In the event of conflict between the standards of the Architectural Review District and the standards of the WBC, the more restrictive standards shall apply. (Ord. 12-2016. Passed 4-18-16.)
1181.03 DEFINITIONS.
(a) "Building Frontage" means the line of that face of the building nearest the front line of the lot.
(b) "Impervious Surface" means a hard surface area that prevents or substantially impedes the natural infiltration of water into the underlying soil, resulting in an increased volume or velocity of surface water runoff.
(c) "Parapet" means a low wall barrier at the edge of a roof or structure which may serve to prevent falls over the edge or serve as a stylistic feature.
(d) "Setback" means the minimum distance from a property line to where a Building may be built.
(e) "Setback Area" means the area between the property line and required Setback.
(Ord. 12-2016. Passed 4-18-16.)
1181.04 GENERAL PROVISIONS.
(a) Ordinary repair or maintenance and interior alterations not in conflict with the provisions herein are exempt.
(b) The following improvements shall subject property to the provisions herein:
(1) Construction of a new building;
(2) Expansion of a building's gross floor area based on the following:
A. If the expansion area is less than 25% of the existing building's area at the date of adoption of this Chapter, only the expansion area shall comply with this Chapter;
B. If the expansion area is 25% or more of the existing building's area, the entire building shall comply with this Chapter;
(3) Construction or expansion of parking facilities;
(4) Addition of landscaping, exterior lighting, fencing, or other accessory structures; and
(5) Construction and installation of signage.
(c) Proposals that address changes to existing conditions shall be subject to the provisions herein to the extent they can reasonably be applied.
(Ord. 12-2016. Passed 4-18-16.)
(d) Redevelopment and/or change of use proposals in the WBC shall be a minimum of 2 acres of land and 200' of frontage along the Right-of-Way.
(Ord. 52-2016. Passed 12-19-16.)
(e) The owner of a tract of land proposing improvements that are subject to the provisions in Subsection (b) shall submit an application for review to the Director of Planning and Building in accordance with Section 1181.07.
(Ord. 12-2016. Passed 4-18-16.)
1181.05 DEVELOPMENT STANDARDS.
(a) Site Layout.
(1) Setbacks. Buildings and parking should be set back to provide a buffer between the sidewalk and building, with some variations in the Building Setback Line encouraged throughout the WBC.
A. Buildings 50,000 square feet in area or less shall be located between 5' and 20' from adjacent Right-of-Way Lines. Buildings greater than 50,000 square feet in area shall be located at least 20' from adjacent Right-of-Way lines.
B. Buildings located along High Street north of Wilson Bridge Road shall be located at least 50' from the adjacent Right-of-Way lines.
C. Buildings on properties abutting properties in "R" districts shall not be located closer than 50' to the property line. Parking facilities and access drives on properties abutting properties in "R" districts shall not be located closer than 25' to the property line.
D. Setback areas in front of retail uses shall be primarily hardscaped, and may be used for outdoor dining and other commercial activities. Residential units with individual entries may include landscaping, walkways, porches, raised planters, walls and fences.
E. As building height increases, the buildings should consider the relationship between the setback, the street corridor, and the building height. A variety of techniques will be implemented to mitigate any potential "canyon/tunneling" effect along the corridor, such as the use of floor terracing, changes in building massing, insertion of a green commons, recessed seating and dining areas, and lush landscaping.
(2) Right-of-Way Dedication. Dedication of Right-of-Way may be required to accommodate public improvements.
(3) Screening. All development on parcels abutting properties in "R" districts shall be permanently screened in the setback area with the combination of a solid screen and landscape screening. The solid screen shall consist of a wall or fence at least 6' in height and maintained in good condition without any advertising thereon. Supporting members for walls or fences shall be installed so as not to be visible from any other property which adjoins or faces the fences or walls. This shall not apply to walls or fences with vertical supporting members designed to be identical in appearance on both sides.
Landscape screening shall consist of one of the following options at a minimum:
A. One large evergreen tree with an ultimate height of 40' or greater for every 20 linear feet, plus one medium evergreen tree with an ultimate height of 20' to 40' for every 10 linear feet. Evergreen trees shall be at least 6' in height at the time of planting. Shrubs and ornamental grasses shall be incorporated into the setback area as to complement the tree plantings. A minimum of one shrub or ornamental grass, at least 24" in height, shall be provided for every 5 linear feet. Shrubs and grasses may be planted in clusters and do not need to be evenly spaced.
B. One large deciduous tree with an ultimate height of 50' or greater for every 25 linear feet, plus one medium deciduous tree with an ultimate height of 20' to 40' for every 15 linear feet. Shrubs and ornamental grasses shall be incorporated into the setback area as to complement the tree plantings. A minimum of one shrub or ornamental grass, at least 24" in height, shall be provided for every 5 linear feet. Shrubs and grasses may be planted in clusters and do not need to be evenly spaced.
(4) Equipment. Exterior service, utility, trash, and mechanical equipment shall be located to the rear of buildings if possible and screened from view with a wall, fence or landscaping. Such equipment shall be completely screened from view. Materials shall be consistent with those used in the building and/or site. Equipment located on buildings shall match the color of the building.
(5) Tract Coverage. A maximum of 75% of the property shall be covered with impervious surfaces.
(6) Pedestrian Access. Sidewalks with a minimum width of 5', Recreation Paths with a minimum width of 10', or a combination of both shall be provided along all Rights-of-Way. Pedestrian connections from Sidewalks, Recreation Paths and parking lots to building entrances shall be provided.
(7) Drive-in Commercial Uses. Drive-in Commercial Uses shall be oriented so that the drive through is not between the primary street frontage and the building.
(b) Buildings. Building design should enhance the character of the WBC. A diversity of architectural styles is encouraged to provide visual interest and add to the overall appeal of the corridor.
(1) Design.
A. A principal building shall be oriented parallel to Wilson Bridge Road, or as parallel as the site permits, and should have an operational entry facing the street.
B. The height of a building shall be a minimum of 18' for flat roof buildings measured to the top of the parapet, or 12' for pitched roof buildings measured to the eave. Maximum building height shall be per Section 1181.06 of the Code. Building Frontage that exceeds a width of 50' shall incorporate articulation and offset of the wall plane to prevent a large span of blank wall and add interest to the facade. To avoid a potential "canyon/tunneling" effect along the corridor, the use of floor terracing, changes in building massing, insertion of a green commons, recessed seating and dining areas, and lush landscaping will be required.
C. Extensive blank walls that detract from the experience and appearance of an active streetscape should be avoided.
D. Details and materials shall be varied horizontally to provide scale and three- dimensional qualities to the building.
E. Entrances shall be well-marked to cue access and use, with public entrances to a building enhanced through compatible architectural or graphic treatment.
F. When designing for different uses, an identifiable break between the building's ground floors and upper floors shall be provided. This break may include a change in material, change in fenestration pattern or similar means.
G. Where appropriate, shade and shadow created by reveals, surface changes, overhangs and sunshades to provide sustainable benefits and visual interest should be used.
H. Roof-mounted mechanical equipment shall be screened from view on all four sides to the height of the equipment. The materials used in screening must be architecturally compatible with the rooftop and the aesthetic character of the building.
(2) Materials.
A. Any new building or redevelopment of a building façade should include, at a minimum, 75% of materials consisting of full set clay bricks, stone, cultured stone, wood or fiber cement board siding. Samples must be provided.
B. Vinyl siding and other less durable materials should not be used.
C. Long-lived and sustainable materials should be used.
D. The material palette should provide variety and reinforce massing and changes in the horizontal or vertical plane.
E. Especially durable materials on ground floor façades should be used.
F. Generally, exterior insulation finishing systems (EIFS), are not preferred material types.
G. A variety of textures that bear a direct relationship to the building's massing and structural elements to provide visual variety and depth should be provided.
H. The color palette shall be designed to reinforce building identity and complement changes in the horizontal or vertical plane.
(3) Windows and Doors.
A. Ground-floor window and door glazing shall be transparent and non- reflective. Above the ground floor, both curtain wall and window/door glazing shall have the minimum reflectivity needed to achieve energy efficiency standards. Non-reflective coating or tints are preferred.
B. Walls adjacent to the primary building frontage, shall have the pattern of window glass continued from the primary building frontage a minimum distance of 10'.
C. Windows and doors shall be recessed from the exterior building wall, except where inappropriate to the building's architectural style.
D. For a primary building frontage of a commercial use, a minimum of 30% of the area between the height of 2' and 10' above grade shall be in clear window glass that permits a full, unobstructed view of the interior to a depth of at least 4'.
(c) Landscaping. There shall be landscaping that complements other site features and creates relief from buildings, parking areas and other man-made elements.
(1) Natural Features: Natural Features shall not be removed, damaged, altered or destroyed without approval per the procedures in Section 1181.07. All healthy trees 6" caliper or larger shall be retained, or replaced with total tree trunk equal in diameter to the removed tree, and this shall be documented as part of an approved Natural Features preservation plan and/or landscape plan. In the event the Municipal Planning Commission determines that full replacement would result in the unreasonable crowding of trees upon the Lot, or that such replacement is not feasible given site conditions, a fee of $150.00 per caliper inch of trees lost and not replaced on such property shall be paid in cash to the City for deposit in the Special Parks Fund. Such deposits shall be used for reforestation on public property.
(2) Drought tolerant, salt tolerant, non-invasive, low maintenance trees and shrubs should be utilized.
(3) Deciduous trees shall be a minimum of 2" caliper at the time of installation; evergreen trees shall be a minimum of 6' in height at the time of installation; and shrubs shall be a minimum of 24" in height at the time of installation.
(4) Street trees shall be provided.
(6) Seasonal plantings should be incorporated into the landscape plan.
(7) The approved landscape plan must be maintained across the life of the development.
(d) Lighting.All exterior lighting shall be integrated with the building design and site and shall contribute to the night-time experience, including façade lighting, sign and display window illumination, landscape, parking lot, and streetscape lighting.
(1) The average illumination level shall not exceed 3 footcandles. The light level along a property line shall not exceed 0 footcandles.
(2) The height of parking lot lighting shall not exceed 15' above grade and shall direct light downward. Parking lot lighting shall be accomplished from poles within the lot, and not building-mounted lights.
(3) For pedestrian walkways, decorative low light level fixtures shall be used and the height of the fixture shall not exceed 12' above grade.
(4) Security lighting shall be full cut-off type fixtures, shielded and aimed so that illumination is directed to the designated areas with the lowest possible illumination level to effectively allow surveillance.
(e) Signs. (EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 36-2023, passed June 17, 2024.)
(f) Parking.
(1) Design. Surface parking shall be located to the rear or side of the buildings on the site. If parking is located on the side of the building, parking shall not exceed 2 rows of parking with a drive aisle between, shall not exceed 60' of street frontage, shall be located no closer to the Right-of-Way than the building, and shall be screened from view from the Right-of-Way.
(2) Non-residential Uses. Parking shall be adequate to serve the proposed uses, but shall in no case exceed 125% of the parking requirement in Section 1171.01.
(3) Residential Uses. There shall not be less than one parking space per Dwelling Unit.
(4) Bicycle Parking. Bicycle parking should be provided and adequate to serve the proposed uses.
(5) Structured Parking. Structured parking shall be permitted and encouraged within the WBC, and shall meet all other standards as outlined in this chapter.
(g) Public Spaces. A minimum of one Public Space Amenity as approved by the Municipal Planning Commission shall be required for every 5,000 square feet of gross floor area of multi-family dwellings, commercial or industrial space that is new in the WBC. Public Space Amenities are elements that directly affect the quality and character of the public domain such as:
(1) An accessible plaza or courtyard designed for public use with a minimum area of 250 square feet;
(2) Sitting space (e.g. dining area, benches, or ledges) which is a minimum of 16 inches in height and 48 inches in width;
(3) Public art;
(4) Decorative planters;
(5) Bicycle racks;
(6) Permanent fountains or other Water Features;
(7) Decorative waste receptacles;
(8) Decorative pedestrian lighting; and
(9) Other items approved by the Municipal Planning Commission.
(Ord. 12-2016. Passed 4-18-16.)
1181.06 ESTABLISHMENT OF WILSON BRIDGE CORRIDOR ZONING DISTRICTS.
The following zoning districts are established for use in the WBC:
(a) "WBC-1" Medium Density Residential: An area along the WBC that allows for medium density residential housing, offering a variety of housing styles and pricing options that complement the residential and architectural patterns and styles in the City.
(1) Permitted Uses: Multi-family dwellings, Home Occupations, Public uses, Essential services and Accessory uses.
(2) Maximum Building Height: Three stories except buildings on the south side of Wilson Bridge Road between Westview Drive and McCord Park should be limited to 2½ stories and 30'.
(3) Density: The maximum number of dwelling units allowed per acre for development within the WBD-1 shall be 14, with a desired number between 10 and 14 dwelling units.
(b) "WBC-2" Professional Office: Areas to promote small to medium sized office uses. A variety of office types and styles are encouraged to promote flexibility and adaptability.
(1) Permitted Uses: Office uses, Essential services and Accessory uses.
(2) Conditional Use: Public uses and Semi-public uses.
(3) Maximum Building Height: 3 stories, except buildings on the south side of Wilson Bridge Road between Westview Drive and McCord Park should be limited to 2 ½ stories and 35'.
(c) "WBC-3" Mixed Use: An area along the WBC that allows for a mix of retail and office uses both vertically and horizontally. Retail uses are encouraged for the first floor of multi-floor developments. Pedestrian facilities and public spaces are encouraged. Some residential uses may be incorporated in this area.
(1) Permitted Uses: Uses listed in Chapter 1147 of the Codified Ordinances as permitted uses in the following districts: "C-1" Neighborhood Commercial, "C-2" Community Shopping Center, and "C-3" Institutions and Offices.
(2) Conditional Uses: Residential Uses, Hotels, Motels, Drive-in Commercial Uses, and Breweries, Distilleries and Wineries.
(3) Maximum Building Height: 3 stories for properties south of Wilson Bridge Rd; except for the WBC-3 Mixed-Use location south of Wilson Bridge Road and west of High Street, where the maximum building height shall be 3 stories within the westernmost 180 feet and 4 stories in the remaining area; 4 stories for properties north of Wilson Bridge Rd.
(d) "WBC-4" Office: Areas along the WBC that allows for large-scale office development and redevelopment, with such product offering prominent freeway visibility and serving local, regional and national tenants.
(1) Permitted Uses: Office uses, Animal Hospitals, Essential services and Accessory uses.
(2) Conditional Uses: Hotel, Public uses and Semi-public uses.
(3) Maximum Building Height: 4 stories except buildings abutting the Wilson Bridge Rd. right-of-way should be limited to 3 stories.
(Ord. 12-2016. Passed 4-18-16.)
1181.07 PROCEDURES FOR REVIEW.
(a) Existing Development Modifications. The City staff may approve site and building changes that conform to the Design Standards for the WBC. Such modifications shall be limited to the minor modification of existing buildings, the addition or modification of lighting, fencing, landscaping, accessory structures and wall-mounted signs; and the modification of freestanding signs. Staff approval under this subsection may be used for all properties in the WBC, regardless of the existence of an approved plan for the property per Chapters 1173, 1175 or 1181.
(b) Redevelopment/New Development. Shall apply to improvements such as construction of a new building; expansion of a building's gross floor area; construction, alteration or expansion of parking facilities; and construction/installation of freestanding signs. Additionally, requested improvements that do not conform to this Chapter may be subject to the provisions herein.
(1) Pre-application. The applicant may request review and feedback from City staff and the Municipal Planning Commission prior to preparing a Preliminary Plan. No discussions, opinions, or suggestions provided shall be binding to the applicant, or the City, or be relied upon by the applicant to indicate subsequent approval or disapproval by the City.
(2) Preliminary Plan.
A. The owner of a tract of land located in the WBC shall submit to the Municipal Planning Commission for its review, a preliminary plan for the redevelopment and/or change of use of such tract of land. At the time of filing of the preliminary plan, the applicant shall pay a fee of $350.00, no part of which shall be refundable.
B. The Preliminary Plan submittal shall include the following:
1. A legal description and vicinity map showing the property lines, streets, existing Zoning, and land uses within 300' of the area proposed for development;
2. Names and addresses of owners, developers and the registered land surveyor, engineer or architect who made the plan;
3. Date, north arrow and total acreage of the site;
4. A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the City. The topographical survey shall show two foot contours or contours at an interval as may be required by the Municipal Planning Commission to delineate the character of the land included in the application and such adjoining land as may be affected by the application. Elevations shall be based on North American Vertical Datum of 1988 (NAVD88). In lands contiguous to or adjacent to the flood plain of the Olentangy River, existing contours shall be shown in accordance with the elevations set forth in Chapter 1105;
5. Existing Structures, parking and traffic facilities, Easements and public Rights-of-Way on the subject property as well as within 300' of the proposed area;
6. Existing sanitary and storm sewers, water mains, culverts and other underground facilities within the tract and in the vicinity, indicating pipe size, grades and exact locations;
7. The location of Natural Features and provisions necessary to preserve and/or restore and maintain them to maintain the character of the surrounding neighborhood and community. In areas located near the Olentangy River, stormwater quality treatment requirements, downstream surface water protection, and stream corridor protection areas shall be designated, protected, and/or mitigated as required by Ohio EPA's "Construction Site Storm Water in the Olentangy River Watershed" General Permit or the Ohio Department of Natural Resources Rainwater and Land Development Manual, whichever greater. Wetland areas shall be delineated and mitigated as required by the Clean Water Act Sections 401 and 404. A Flood Hazard Permit is required to be filed with the City for all work within the FEMA designated floodplain.
8. A tree preservation plan showing all existing trees 6" caliper or larger;
9. A preliminary grading plan;
10. Preliminary design and location of Structures, Accessory Structures, streets, drives, traffic patterns, Sidewalks or Recreation Paths, parking, entry features, site lighting, landscaping, screening, Public Space Amenities and other features as required by the City;
11. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness of such facilities;
12. Parcels of land intended to be dedicated or temporarily reserved for public use, or reserved by deed covenant, and the condition proposed for such covenants and for the dedications;
13. Proposed Easements;
14. Proposed number of Dwelling Units per acre;
15. Proposed uses, including area of land devoted to each use;
16. Proposed phasing of development of the site, including a schedule for construction of each phase;
17. Homeowners or commercial owners' association materials;
18. A written narrative describing the project; and
19. Any additional information as required by the Municipal Planning Commission and the City Council.
C. The Municipal Planning Commission may approve, approve with modifications, or disapprove the Preliminary Plan based on its conformance with the ordinances of the City.
(3) Final Plan.
A. Upon determination by the Municipal Planning Commission that the proposed WBC application as shown by the preliminary plan conforms to the requirements of this Chapter and all applicable requirements of this Zoning Ordinance, the proponents shall prepare and submit a Final Plan, which plan shall incorporate any changes or modifications required or suggested by the Commission. At the time of filing the Final Plan for review by the Municipal Planning Commission, the applicant shall pay a fee of $200, no part of which shall be refundable.
B. The Final Plan submittal shall include the following:
1. An updated construction schedule;
2. All items required in the Preliminary Plan, revised as necessary to meet the approval;
3. Proposed final design and location of Structures, Accessory Structures, streets, drives, Sidewalks or Recreation Paths, parking, entry features, site lighting, landscaping, screening and other features as required by the City;
4. Evidence that the applicant has sufficient control over the land to undertake the proposed development; and
5. Covenants and other restrictions which will be imposed upon the use of the land, Buildings, and Structures, and a copy of any bylaws.
C. For any development involving the extension of utilities, the owner shall also submit conceptual utility drawings containing the following information:
1. The pipe size, slope, manholes and location of the sanitary sewer system;
2. The size, shape and slope for all pipes, channels and basins of the storm sewer system with accompanying storm drainage calculations;
3. The size and location of water lines and fire hydrants; and
4. Street or drive grades, cross sections, elevations and contours at two foot intervals.
If a conceptual utility plan is required, the applicant shall pay a fee of $100.00 per acre for each acre in the development; however, such fee shall not be less than $300.00 for the purposes of reviewing such utility plans.
D. If the final plan is found to comply with requirements set forth in this Chapter and other applicable provisions of this Zoning Ordinance, the Commission shall submit such plan with its report and recommendations to the City Council which shall hold a public hearing on the WBC plan.
E. Following a public hearing, the Council may approve by Ordinance the final plan as submitted by the Commission or may approve modification of the plan if the modification is consistent with the intent and meaning of this Chapter and is in substantial conformity with the Final Plan as approved by the Commission.
(4) Requested modifications to the approved Final Plan shall be reviewed according to the following:
A. City Staff. The City staff may approve design modifications that are required to correct any undetected errors or that are consistent with the purpose of the approved Final Plan. Such modifications shall be limited to:
1. Minor adjustments in location of Building footprints and parking lots, provided the perimeter required Yards remain in compliance;
2. Minor adjustments in Building height;
3. Minor modifications in Structure design and materials, and lighting provided there is the same general appearance; and
4. Minor modifications of landscaping, including substitution of materials.
B. Municipal Planning Commission. The Municipal Planning Commission shall review modifications other than those listed in the above section, and any of the above modifications as recommended by City staff.
1. Should the Municipal Planning Commission find that such modification keeps the essential character of the Final Plan, and otherwise meets the provisions of the Planning and Zoning Code, the Municipal Planning Commission may approve such modification.
2. Should the Municipal Planning Commission find that such modification does not otherwise meet the provisions of the Planning and Zoning Code, or requires further review, the Municipal Planning Commission shall forward a recommendation of approval or denial to the City Council for consideration.
C. City Council. Following a public hearing, Council may approve by resolution the amendment to the Final Plan as submitted by the Commission, may approve modification of the plan if the modification is consistent with the intent and meaning of this Zoning Ordinance or may deny the amendment.
(5) Appeal. Any person, firm or corporation, or any officer, department, board or agency of the City who has been aggrieved or affected by any decision of the Municipal Planning Commission or City staff involving an application for the WBC, or any member of the City Council, whether or not aggrieved or affected, may appeal such decision to the City Council by filing notice of intent to appeal within seven days of the date of the decision, and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case. The City Council shall hold a public hearing on such appeal not later than thirty days after such petition has been filed with the Clerk of Council. The City Council, by an affirmative vote of four of its members, shall decide the matter on the merits of the case after giving due consideration to the deliberations and decisions of the Municipal Planning Commission and the City Council's decision shall be final.
(6) Expiration. In the event the applicant receiving approval of a WBC plan does not receive the required permits within 18 months of the date of approval, the City shall require the applicant to show cause why such approval should not be revoked. If the Commission determines that the best interests of the City will not be served by the applicant continuing to hold the approval, the Commission shall hold a hearing to revoke the approval.
(7) Guarantee of Natural Features Work. Prior to beginning construction, the owner or developer shall provide a bond, letter of credit acceptable to the City, or a certified check, guaranteeing the work of preserving and/or restoring and maintaining Natural Features. The bond, letter of credit or check shall be in an amount equal to the estimated cost of the work of preserving and/or restoring and maintaining Natural Features, and the same shall be released upon acceptance of the Natural Features work by the City and upon the furnishing by the owner or developer of an additional bond or letter of credit acceptable to the City, or a certified check in an amount equal to ten percent (10%) of the estimated cost of the Natural Features work to guarantee maintenance of the Improvements and the Natural Features work for a period of one year following the completion of construction.
(8) The owner or developer shall, prior to beginning construction, deposit with the Director of Finance a sum of money as prescribed by the City Engineer to defray the cost of inspection and whatever engineering services may be required, and expense incurred by the City in the installation of any public improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the developer shall immediately, upon demand, deposit such additional sums as are estimated by the Director to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposit or deposits shall be refunded.
(9) Interpretation of Uses: When a proposed land use is not explicitly listed herein, the Municipal Planning Commission shall determine whether it is reasonably included in the definition of a listed use, or that the proposed use meets the following criteria to the extent that it should be treated as a permitted use in that district:
A. The use is not specifically listed in any other WBC.
B. The use is generally consistent with the intent of the WBC and this Chapter.
C. The use will not impair the present or potential use of other properties within the same district or bordering districts.
D. The use has no greater potential impact on surrounding properties than those listed in the district, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to health, safety and welfare.
E. The use will not adversely affect the relevant elements of the Wilson Bridge Road Corridor Study.
(c) Notice of Hearings. Notice of all Municipal Planning Commission hearings in Section 1181.07 shall be as follows:
(1) The property in question is to be posted with a placard stating the date and location of the hearing. At this hearing, any party may appear in person or by attorney.
(2) Notice of the time, place and purpose of the public hearing shall be given by mailing or e-mailing a notice not less than ten days prior to the date of the public hearing to owners of property contiguous to and directly across the street from such parcel or parcels.
(3) The meeting agenda shall be posted on the City of Worthington website prior to the meeting.
(4) The failure to notify as provided in this section shall not invalidate any decision made hereunder.
(Ord. 12-2016. Passed 4-18-16.)
1181.08 COORDINATION WITH OTHER PROVISIONS OF PART 11, PLANNING AND ZONING CODE.
For any applicable procedures or requirements not contained or referenced in this Chapter, procedures and requirements contained elsewhere in Part 11 of the Codified Ordinances shall govern. In the event any procedures or requirements contained in this Chapter conflict with procedures or requirements contained elsewhere in Part 11 of the Codified Ordinances, the procedures or requirements contained within this Chapter shall govern.
(Ord. 12-2016. Passed 4-18-16.)
CODIFIED ORDINANCES OF WORTHINGTON