(A)   Any lawful uses of buildings or land existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions of this chapter. The nonconforming use of a building may be extended throughout those existing parts of the building, which were arranged or designed for such use. No nonconforming building or structure shall be moved, extended, enlarged, or altered and no nonconforming use of land shall be expanded, except when authorized by Planning Commission in accordance with the provisions of § 152.144, Nonconforming Uses.

   (B)   Whenever the use of a building or land becomes nonconforming through a change in the amended zoning chapter or in the district boundaries, such use may be continued.

   (C)   A nonconforming use, which is discontinued for a period of two years, shall not again be used except in conformity with the regulations of the district in which it is located. Similar nonconforming uses may continue after the sale of the property on which the nonconforming use is occupied.

   (D)   A nonconforming use, which has been damaged by fire, explosion, or act of God to the extent of 51% or more of its reproduction value at the time of damage, shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 51% of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within one year of the date of such damage.

   (E)   Nonconforming trailer or manufactured homes located on a lot in any district other than in an established manufactured home park, once removed shall not be relocated on such lot unless the unit was upgraded for another unit. In this instance, the replacement shall be on site within one week of the removal of the previous unit.

(Ord. 2022-25, passed 3-21-2022)

   (A)   An accessory dwelling unit (ADU) is subordinate to a single-family dwelling unit and either attached to a single-family dwelling unit or within an accessory structure and meet the following requirements.

   (B)   A maximum of one accessory dwelling unit is allowed per legal lot and shall comply with the following criteria:

      (5)   There shall be a minimum ten- foot distance from the principal structure for a detached accessory dwelling unit.

      (6)   ADUs shall also be subject to all other requirements of § 152.062, Accessory Structures.

(Ord. 2022-25, passed 3-21-2022)

   (A)   No accessory building or structure shall be located in any front yard and no accessory building shall be located less than 60 feet from the primary front lot line.

   (B)   Accessory buildings or structures that are 625 square feet or less shall be a minimum of six feet from the side and rear lot lines and shall not exceed 20-foot in height.

   (C)   Accessory buildings or structures that exceed 625 square feet shall comply with the zoning district setback requirements for a principal structure.

   (D)   All accessory buildings or structures, in aggregate, shall not exceed a total of 30% lot coverage of the rear yard.

   (E)   There shall be no more than three accessory buildings or structures permitted per property.

   (F)   Sheds and other premanufactured enclosed buildings, not used for habitation, are recommended to be placed on a minimum four-inch stone pad and required to have skirting around the base.

   (G)   Accessory structures in the CBD shall comply with the underlying zone setbacks.

   (H)   No accessory building shall be closer than ten feet to the principal structure, except that an accessory building may not be closer than five feet to the principal structure if no windows or doors are located in that portion of the wall of the principal structure that is directly opposite and parallel to a wall of the accessory structure.

   (I)   Accessory structure and use setbacks are as follows:

 

(Ord. 2022-25, passed 3-21-2022; Am. Ord. 2023-57, passed 12-4-2023)

   (A)   Adult businesses shall not be located within:

      (1)   Five hundred feet of residential zoned districts;

      (2)   One thousand feet of any other adult business;

      (3)   Five hundred feet of a day care center, church, public parks, schools, libraries, or other public buildings; and

      (4)   Five hundred feet of any establishment with a liquor license.

   (B)   The distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

   (C)   All building openings, entries, windows, and openings shall be located, covered, or otherwise arranged in such a manner to prevent a view into the interior of the use.

(Ord. 2022-25, passed 3-21-2022)

   In an "R-3" and the "CBD" District a dwelling may be converted to accommodate an increased number of dwelling units provided:

   (A)   If the building is to be altered on the outside, the setbacks shall comply with the requirements of the zoning district for the new unit type.

   (B)   The lot area and square footage per family complies with requirements of the zoning district for the new unit type.

   (C)   The number of square feet of living area per family unit is not less than that which is required by the zoning district.

(Ord. 2022-25, passed 3-21-2022)

   (A)   Any dish antenna or nonmobile antenna shall be mounted on the roof of the structure or in the rear yard of the property.

   (B)   Antennas shall not be closer than six feet to any property lines; inclusive of any supports.

   (C)   Antennas greater than three feet in diameter shall require a zoning permit.

(Ord. 2022-25, passed 3-21-2022)

   Garage and yard sales are permitted provided that:

   (A)   No more than four garage sales shall be conducted on the premises in any calendar year.

   (B)   No garage sales shall be conducted for longer than three days duration.

   (C)   One unlit sign not exceeding 12 square feet in area shall be permitted. Said sign shall pertain to the garage sale only and shall be located on the property. Said sign shall be permitted for 72 hours.

      (1)   One additional sign may be placed off-premises in compliance with this section and § 152.102(J), Temporary Signs.

(Ord. 2022-25, passed 3-21-2022)

   Home occupations are permitted as an accessory to a residential use under the following conditions:

   (A)   No more than 25% of the gross area of a dwelling unit shall be used for such purpose. Use of accessory buildings for these purposes is permitted.

   (B)   No use shall require external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.

   (C)   There shall be no outside storage of any kind related to said occupation and no more than one additional vehicle at a time.

   (D)   The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.

   (E)   One home occupation sign shall be permitted. It may display the names of the occupants and/or the name of the home occupation. It shall not exceed six square feet in area, shall be non-illuminated, and attached flat to the main structure or visible through a window.

   (F)   Permitted home occupations:

      (1)   Artists, crafters, and sculptors, including one on one instruction.

      (2)   Writers, musicians, and composers.

      (3)   Dressmakers, seamstress, and tailors.

      (4)   Family day care home, in compliance with Ohio Department of Jobs and Family rules.

      (5)   Office facility of a counselor, psychiatrist or other professional that provides counsel mental and/or emotional counsel one on one.

      (6)   Office facility for professionals that service customers off-site or remotely.

      (7)   Office facility for an individual providing professional services such as architecture, financial services, attorney, or real estate agent.

      (8)   Cottage food production operator in compliance with State of Ohio rules and regulations.

      (9)   Computer operations where the residents can conduct their work at home.

      (10)   Home occupations similar to those permitted which have no impact on the surrounding area may be permitted by the Zoning Inspector.

      (11)   Home occupations not similar in nature or impact are not permitted.

      (1)   The Zoning Inspector shall review all applications for compatibility with neighborhood before a permit is issued.

      (2)   The Zoning Inspector may require conditions of approval as necessary to reduce impacts to surround neighborhoods.

      (3)   A change in said ownership shall nullify the home occupation permit.

(Ord. 2022-25, passed 3-21-2022)

   (A)   The term "medical marijuana" shall have the same meaning as in R.C. § 3769.01(A), effective September 8, 2016.

   (B)   No person shall open, establish, or operate any business or commercial enterprise of any kind as a cultivator, processor, or retail dispenser of medical marijuana within the corporate limits of Archbold, Ohio.

   (C)   No zoning clearance, permit, or other administrative approval shall be approved or issued by any administrative official, nor shall any variance be approved or granted, to any person, business, or other applicant desiring or intending to operate a business or commercial enterprise engaged as a cultivator, processor, or retail dispenser of medical marijuana within the corporate limits of Archbold, Ohio.

   (D)   Any person who violates any provision of this section shall be guilty of a separate offense for each and every day during any portion of which any such person commits, permits and/or causes a violation thereof, and shall be penalized accordingly.

   (E)   Any use or condition caused or permitted to exist in violation of any of the provisions of this code and hereby is declared to be a public nuisance and may be abated by the municipality.

   (F)   Whoever violates this section is guilty of an unclassified misdemeanor, and shall be fined not more than $500, and subject to a term of imprisonment not to exceed six months for each violation.

   (G)   The violation of any provision of this section shall and hereby is declared to be a public nuisance and contrary to public interest, and shall, at the discretion of the municipal, be address in a civil filing requesting injunctive relief.

(Ord. 2022-25, passed 3-21-2022)

   The open storage and display of material and equipment incident to permitted or conditional uses in "B" or "M" Districts shall be permitted provided the area used for open storage and display shall be effectively screened from all adjoining properties in any "R" District by means of walls, fences, and/or plantings. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence a strip of land not less than ten feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting may be substituted.

(Ord. 2022-25, passed 3-21-2022)

   Outdoor wood-burning furnaces must include a smokestack height at least as high as the highest point of any roof of any residential building within 500 feet of the furnace.

(Ord. 2022-25, passed 3-21-2022)

   (A)   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 chapter 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:

(Ord. 2022-25, passed 3-21-2022)

   (A)   Recreational equipment such as motor homes, camping trailers, pick-up campers, boat trailers, boats, snowmobiles, snowmobile trailers, and similar items shall be permitted in an "R" District under the following conditions:

   (B)   By the owner of the equipment upon the unenclosed portion of the premises of the owner of the equipment, subject to the following conditions:

      (1)   The equipment shall not be inhabited (except for occasional emergency sleeping room) or used for the conduct of any commercial enterprise.

      (2)   No more than one piece of each type of such equipment and never more than two pieces of such equipment shall be parked upon the unenclosed portion of the premises at any one time unless it is inside a building.

      (3)   The equipment shall be parked at least three feet behind the front house line (exclusive of porches, porticos, and similar projections) of the house on the property and at least three feet away from the side and rear lot lines of the property, except that for loading and unloading purposes the equipment may be parked in the driveway for a period of not more than 48 hours.

      (4)   The equipment shall have no permanent connections to electric, water, gas, or sewer facilities.

      (5)   The equipment shall be kept in good repair and shall carry a current year's license and/or registration.

      (6)   Under no circumstances shall the area underneath or around the equipment be used as storage.

   (C)   By visitors at least one of whom is the owner of the equipment or lessee of the equipment from other than the owner of the premises, upon the unenclosed portion of the premises of the persons being visited, subject to the following conditions:

      (1)   The visitor(s)shall not park or inhabit their equipment on the premises more than two separate times in any year nor more than 14 consecutive days at any one time.

      (2)   No more than one piece of each type of such equipment and never more than two pieces of such equipment shall be parked upon the unenclosed portion of the premises at any one time.

      (3)   The equipment shall not be parked or inhabited upon any unenclosed portion of the premises except in the rear and side setbacks of the premises so long as parked or inhabited at least three feet away from the side or rear plot line; provided, however, the Planning/Zoning Inspector shall be authorized to permit temporary parking and/or habitation on the driveway in the front yard so long as he first finds that weather conditions and lack of access prevents parking and/or habitation in the rear or side setbacks of the premises.

(Ord. 2022-25, passed 3-21-2022)

   (A)   Solar energy generation equipment may be installed in all zoning districts as an accessory use and shall comply with the following requirements:

      (1)   Placements of solar collectors on a gabled, hipped, or mansard roof shall be mounted parallel to and no more than 12 inches from the roof surface, and shall not extend more than 18 inches above the maximum permitted building height in the zone district.

      (2)   Building-integrated photovoltaic (BIPV) systems shall be permitted subject to the requirements of the Ohio Building Code.

      (3)   Solar energy equipment shall be located in a manner to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.

      (4)   Ground-mounted solar collectors are permitted as accessory structures in all zoning districts, subject to the following requirements:

         (a)   The solar collector is located in a rear yard and meets all applicable requirements for accessory structures.

         (b)   The solar collectors do not emit unreasonable glare and negatively impact adjacent properties.

         (c)   The surface area of solar collectors is not more than 2% of the lot.

         (d)   If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment no later than 90 days after the end of the 12-month period.

   (B)   Solar energy generation as a principal use (solar farm) shall require submittal of a site plan application concurrent with a conditional use application. The development shall be subject to the following supplemental criteria:

      (1)   Physical access to a solar farm shall be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be shown on the required site plan.

      (2)   Devices that capture energy and convert it to electricity shall not be placed in wetlands or environmentally sensitive lands.

      (3)   All devices that capture and convert energy to electricity shall be located at least 50 feet from any lot line under separate ownership.

      (4)   All solar farms must comply with the landscaping, screening, and buffering requirements.

      (5)   On-site power lines shall be placed underground to the maximum extent possible.

      (6)   All solar energy equipment is considered structures and subject to the requirements for such, together with all other applicable Ohio Building Codes and other legislation.

(Ord. 2022-25, passed 3-21-2022)

   (A)   Private swimming pools. A private swimming pool shall be any pool, or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No such swimming pool, exclusive of portable or inflatable swimming pools or garden ponds, shall be allowed in any "B" or "R" District except as an accessory use and unless it complies with the following conditions and requirements:

      (1)   The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.

      (2)   Pools may not be located, closer than ten feet to any property line of the property from water's edge.

      (3)   Above ground pools shall have a top rail fence to be a total of four feet in height above ground with a lockable gate, including any attached decks or a removable ladder.

      (4)   In ground pools shall have a four-foot wall or fence with a gate and lock enclosing the pool or the entire property on which it is located to prevent uncontrolled access by children from the street or from adjacent properties. Water Department shall be permitted access if the water meter is located within the fenced area.

      (5)   Prior to construction of the pool, temporary fencing shall totally enclose the construction area and shall be removed within 14 days of completion.

      (6)   Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.

      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

      (2)   The swimming pool and all the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than four feet in height and maintained in good condition.

(Ord. 2022-25, passed 3-21-2022)

(Ord. 2022-25, passed 3-21-2022)

   (A)   Temporary buildings, construction trailers, equipment and materials used in conjunction with construction shall be permitted in any district during construction work is in progress, but such temporary buildings and equipment shall be removed within 30 days of completion.

   (B)   Unless otherwise noted in this section, temporary buildings, or storage in any zoning districts for an accessory use may be permitted for no more

than one year, in compliance with zoning district regulations. The Engineer may require conditions of approval and stipulate requirements related to installation, placement, and materials.

   (C)   All temporary buildings or storage structures shall require zoning permit

(Ord. 2022-25, passed 3-21-2022)

   (A)   Small wind energy generation equipment may be installed in all zoning districts as an accessory use and shall comply with the following requirements:

      (1)   Small wind energy systems shall be principally used to produce power for the benefit of the applicant.

      (2)   All towers and facilities shall not exceed the maximum height of the zoning district.

      (3)   The maximum power output for each small wind energy system shall be 100 kilowatts. Residentially zoned properties are limited to one small wind energy system per acre.

      (4)   Setbacks for small wind energy systems shall be 110% of the system height from the property lines.

      (5)   All small wind energy systems shall be maintained in safe condition.

   (B)   Large scale wind energy equipment shall be constructed a distance of at least 125% of the total height of the equipment from the property line, occupied building, and public or private road or right-of-way.

      (1)   All moving rotor blades shall be a minimum of 30 feet from ground level.

      (2)   All permanent wind energy equipment shall be self-supporting. No guy wires will be allowed on permanent structures.

      (3)   All towers shall be made non-climbable in a manner approved by the Archbold Engineer.

      (4)   All electrical wires leading to or from a wind energy equipment shall be buried underground. All connections to transmission lines and/or substations shall be buried underground.

      (5)   Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

      (6)   Wind energy equipment shall comply with § 152.071, Performance Requirements.

   (C)   Any tower or structure associated with wind energy equipment that remains unused for any reason for more than 30 days shall be dismantled and removed from the property no later than 90 days from the time use of the equipment has ceased.

(Ord. 2022-25, passed 3-21-2022)