(A)   The Council, by special permit after public hearing, and subject to such protective restrictions as it deems necessary, may authorize the location of any of the following buildings or uses in any district within which they are not otherwise permitted by this Zoning Code.

      (1)   Any public building erected and used by any department of the village government.

      (2)   Riding stables and institutions. However, such buildings may occupy not over 20% of the total area of the lot, and will not have any depreciating effect on the value of the neighboring properties, and further such principal buildings shall be set back from all property lines a distance of a minimum of 100 feet and shall require Planning Commission approval.

   (B)   Before issuance of any special permit for any of the above buildings or uses, the Council shall refer the proposed application to the Planning Commission, which shall be given 60 days in which to make a report concerning the effect of such proposed building or use on the character of the neighborhood, traffic conditions, public utilities facilities, and other matters pertaining to the public health, safety, and general welfare. No action shall be taken on any application for a proposed building or use above referred to, until and unless the report of the Planning Commission has been filed. Before issuing the special permit, Council shall hold a public hearing thereon, giving at least 15 days prior notice of the time and place of such public hearing.

('69 Code, § 151.50) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

      (1)   Principal structures in residential areas may not exceed 35 feet in height.

      (2)   Accessory structures in residential areas may not exceed 16 feet in height, or up to the same height as the principal structure, whichever is less.

   (B)   Public, semi-public, or public service buildings, hospitals, institutions, churches, or schools, when permitted in a residential district, may be erected to a height not exceeding 60 feet, if the building is set back from each yard line at least three feet for each foot of additional building height above the height limit otherwise permitted in the district in which the building is to be located.

   (C)   Height limitations do not apply to spires, belfries, cupolas, water tanks, cooling towers, elevator penthouses, ventilators, chimneys, stacks, radio towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

   (D)   For the purposes of height measurements, a basement shall not be counted unless more than three feet six inches of its height projects above grade at the front building line, in which case it shall be counted.

('69 Code, § 151.51) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. C-732, passed 4-13-92; Am. Ord. 2018-13, passed 2-11-19) Penalty, see § 154.99

Cross-reference:

   Height regulations, § 154.26

   (A)   An open unenclosed porch, deck, patio or paved terrace may project into a front yard for a distance not exceeding ten feet, or into a side yard for a distance not more than half the side yard required.

   (B)   Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear or side yard, and except for the customary projections of sky-lights, sills, balconies, cornices, and ornamental features.

   (C)   Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies projecting not more than five feet into a rear yard, and the ordinary projections of chimneys and flues may be permitted.

   (D)   Fences, not exceeding four and one-half feet in height, may be permitted in any rear or side yard.

('69 Code, § 151.52) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

   In a residential district, any lot having an area or width less than the standard specified for that district, shown as a lot on a subdivision plat recorded after the effective date of this Zoning Code, in the office of the County Recorder of Hamilton County, after approval by the Planning Commission in the manner provided by law, may be used as a dwelling site, subject to all other regulations of this Zoning Code. And provided further that in a residential district any lot of record which had, as of the effective date of this Zoning Code an area or width less than the standard specified herein, and no owner of which owned, at anytime after the effective date of this Zoning Code, adjacent land which could have been added to the lot to meet the standard specified herein, may be used as a dwelling site, subject to all other regulations of this Zoning Code.

('69 Code, § 151.53) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

   (A)   Notwithstanding other provisions in the Village Code of Ordinances, chickens may be kept within the village in any residential district subject to the following rules and conditions.

   (B)   For purposes of this section, chickens are not deemed to be “farm animals” as defined in the Village Code of Ordinances so long as said chickens are kept, raised, or used in any manner related to a personal or household use, such as for personal consumption, education, or to maintain such animals as pets. Chickens may not be kept, raised or used for commercial purposes, including but not limited to the sale of chickens or eggs or to convey the same for profit, in which case such chickens are deemed to be “farm animals” as defined in this Code.

      (1)   Each household in the village may keep up to six chickens on the premises at any one time. If two residents share a common chicken habitat or coop on one property, up to 12 chickens may be kept on the premises.

      (2)   Only female chickens, aka hens, may be kept in the village. Males, aka roosters, are not allowed at any time.

      (3)   No chickens may be slaughtered on any residential property in the village.

      (4)   Chicken feed must be kept in a rodent- and predator-proof container.

      (1)   Chickens may only be maintained outdoors in a predator-proof chicken house, coop, or other structure that is thoroughly ventilated, of sufficient size to permit free movement of the animals, designed to be easily accessed, cleaned, and maintained by the owner, and at least two square feet in size for each chicken.

      (2)   All such structures are herein defined as “habitat” or “habitat structure” and shall be considered as accessory structures as defined elsewhere in this Code. A zoning permit is required for this and all other accessory structures. All such structures shall comply with the provisions set forth in § 154.12, including but not limited to a 20-foot setback from adjoining property lines in Residence A Districts, and a 12-foot setback from such lot lines in Residence B Districts.

      (3)   In addition to the other conditions and restrictions applicable to accessory structures, at least 50% of any structure housing chickens must be appropriately screened from the street and abutting properties by either a fence, wall, or landscaping as permitted in the village to provide reasonable and appropriate cover to reduce, lessen, or obscure the visual impact of the structure. Such screening shall be evenly spaced around the structure as appropriate.

      (4)   Chickens shall be enclosed within the habitat structure at night from sunset to sunrise. If chickens are allowed by the owner to be outside of the structure from sunrise to sunset, the chickens must be contained within an area that is fenced or surrounded by other barriers (“containment area”) so as to prevent access to the chickens by dogs or other predators, and to prevent chickens from traveling outside of the containment area. Fencing may not exceed six feet in height and must be constructed of fencing liner or mesh and shall not be visible from the street.

      (5)   All areas in and around the chicken habitat structure must be maintained in a clean, safe, sanitary and orderly manner for the health and welfare of the chickens as well as all other animals and persons. No part of the structure or surrounding area shall constitute a nuisance. In addition to the provisions and remedies set forth in the Property Maintenance Code, no person shall allow the chickens or the habitat to be a nuisance, including but not limited to allowing noxious odors or any noise of a loud or persistent and habitual nature.

      (1)   No person shall keep a chicken on property within the village without a permit issued by the village. There is no fee for the permit. The Village Manager has the authority to consider all such permit applications as well as revocations of any such permit. Applications for a permit shall be made in writing and submitted to the Manager. A decision on a permit application shall be made by the Manager within 15 business days of receipt, excluding weekends and holidays. If a permit application is denied, or if a permit is revoked, the property owner may appeal the Manager’s decision to the Board of Zoning Appeals within seven business days of the date the Manager’s written decision is issued. The Manager may, at his or her sole discretion, provide an extension of time for good cause to any person filing an appeal. If a permit is revoked, the property owner may continue to maintain chickens on the subject property pending an appeal and decision by the Board of Zoning Appeals unless the revocation is due in whole or part to a nuisance, in which event such nuisance must be remedied as directed by the Manager whether or not the revocation is appealed.

      (2)   Any person submitting an application for a permit under this section shall consent to an inspection by the village of the property where the chicken(s) will be kept.

      (3)   If the Manager becomes aware of a possible violation of this section on property subject to a permit under this section, the Manager shall be permitted to inspect the property at any reasonable time after written notice to the occupants of the subject property to determine whether or not a violation exists. If the Manager determines that a violation of the Village Code of Ordinances exists, the property owner shall be notified to bring the property into compliance within a reasonable amount of time as determined by the Manager. If the property is not brought into compliance within the time to remedy a violation, the permit shall be automatically revoked.

   (F)   The Village Manager may designate any employee or agent of the village to perform any of the duties of the Manager, or exercise the authority of the Manager, as prescribed by this section.

(Ord. 2012-02, passed 5-14-12; Am. Ord. 2020-6, passed 7-13-20)