Cedarville Village City Zoning Code
CHAPTER 1117
Supplementary District Regulations
1117.01 GENERAL PROVISIONS.
The following supplementary regulations are applicable to all Zoning Districts within the Village unless otherwise modified by the requirements of a specific Zoning District.
1117.02 PUBLIC STREET FRONTAGE REQUIRED.
No new lot shall be created nor shall any building be erected upon a lot which does not possess the required minimum frontage upon a public street establishment for the district in which such lot is located or unless a variance is otherwise granted by the Board of Zoning Appeals.
1117.03 PRINCIPAL BUILDINGS PER LOT.
No more than one principal building or structure may be constructed upon any one lot for the purposes of this Regulation. The construction of more than one principal building or structure upon any one lot shall require either that approval of a variance from the Board of Zoning Appeals or be approved as part of a Planned Unit Development.
1117.04 REDUCTION OF AREA OR SPACE.
No lot, yard, court, parking area, or other space shall be reduced in area or dimension, thus making said area or dimension less than the minimum required by this Regulation and, if said area or dimension is already less than the minimum required by this Regulation, it shall not be further reduced.
1117.05 ARCHITECTURAL PROJECTIONS INTO REQUIRED YARDS.
All architectural projections shall be in accordance with the following provisions:
(a) Chimneys, flues, sills, pilasters, cornices, eaves, gutters, and other similar architectural features may project into any required yard a maximum of twenty-four inches.
(b) Unroofed porches and steps may extend from the dwelling into the required front yard a maximum of ten (10) feet. Open structures such as roofed porches, canopies, balconies, decks, platforms, and carports, shall be considered parts of the building to which attached and shall not project into any required yard.
(c) No structure may project into a required side yard except in the case of a single non-conforming lot of record which is of insufficient width to meet the side yard requirements of this Regulation. The Board of Zoning Appeals may grant a minimum specified variance to permit the construction of a one-family residence in such a case.
1117.06 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in the District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
1117.07 ACCESSORY BUILDINGS.
All accessory buildings shall be in conformity with the following provisions:
(a) No garage or other accessory building shall be erected within a required side yard or front yard within any Residential District.
(b) When located at least sixty (60) feet from the front property line and completely to the rear of the main dwelling, the accessory buildings may be erected not less than ten (10) feet from the side or rear lot lines nor less than ten (10) feet from the main building.
1117.08 CONVERSION OF DWELLINGS TO MORE UNITS.
A structure may not be converted to accommodate an increased number of dwelling units unless the following requirements are met:
(a) The district is properly zoned for an increase in dwelling units.
(b) The yard dimensions still meet the required off-street parking for the new comparable structures in such district.
(c) The lot area shall be adequate to accommodate the required off-street parking for the converted unit as provided within Chapter 1121.
(d) The lot area per family equals the lot’s area requirements for new structures in such district.
(e) The floor area per dwelling unit is not reduced to less than that which is required for new construction in such district.
(f) The conversion is in compliance with all other applicable Federal, State, and local codes.
1117.09 SETBACK REQUIREMENTS FOR CORNER LOTS OR THROUGH LOTS.
On a corner lot or through lot, the principal building and all accessory structures shall be required to have the same setback for the front yard in the district in which such structures are located.
1117.10 FENCES, WALLS, AND VEGETATION.
The location and height of all fences, walls, and vegetation shall be in accordance with the following provisions:
(a) Fences, Walls, and Vegetation in Front Yards: No fence or wall shall be permitted within any required front yard setback and no hedge shall be permitted within any front yard setback above the height of four (4) feet.
(b) Visibility at intersection: No structure, fill or vegetation shall be erected, placed, planted, or allowed to grow on any corner lot so as to create a sight impediment within seventy-five (75) feet of the intersecting centerlines of any two or more streets. In determining if any sight impediment exists, the Zoning Inspector shall measure the sight distance between the centerlines of such streets at a height of three feet, nine inches (3'9") above the actual grades of the streets. (See Illustration)
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(c) Fences, Walls, and Vegetation in Side and Rear Yards: No fence or wall shall be permitted within any side or rear yard which exceeds six (6) feet in height. Dense evergreen plantings, deciduous trees, shrubs, or hedges, or other vegetation may exceed six (6) feet in height within any side or rear yard.
(d) Screening: Fences, walls, or vegetation used for required screening as outlined in Section 1117.15
, may exceed six (6) feet in height upon approval by the Zoning Inspector or Board of Zoning Appeals.
(e) Security Fences: Security Fences for uses within non-residential districts may exceed six (6) feet in height.
(f) Barbed Wire and Electric Fences: Barbed wire and electric fences shall be prohibited within any residential district; barbed wire and electrified sections of fences when used for security purposes within any non-residential district, shall be a minimum of eight (8) feet above the ground.
(g) Fences Prohibited Within Right-of-Way: Fences and walls shall not be permitted within any right-of-way.
1117.11 REQUIRED TRASH AREAS.
All commercial, industrial, and multi-family residential users that provide trash and/or garbage collection areas shall have such areas enclosed on at least three sides by a solid wall or fence adequate in height to screen the containers, if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Zoning Inspector shall be required.
1117.12 OUTDOOR STORAGE AND WASTE DISPOSAL.
All outdoor storage and waste disposal shall be in accordance with the following provisions:
(a) Highly flammable or explosive liquids, solids, or gases shall not be stored in bulk above ground except within the HI Heavy Industrial District or as otherwise approved by the appropriate fire officials. The storage areas of such materials shall be completely enclosed by a solid wall or fence adequate to ensure the safety of surrounding land uses. Fuel products stored for use on bona-fide farms are excluded from this provision.
(b) The storage and/or disposal or hazardous waste materials shall only be permitted as a conditional use within an approved sanitary landfill site, subject to compliance with the provisions of Section 1117.22 and documented approval from the Ohio Environmental Protection Agency.
(c) All outdoor storage areas shall be adequately screened from view from any residential district by an appropriate wall, fence, or vegetative planting in accordance with Section 1117.15
(d) Materials or wastes which might cause fumes, dust, which constitute a fire hazard, or which may be edible or attractive to rodents or insects shall be stored outdoors only in closed containers constructed of impervious material.
(e) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by wind, flood, or natural causes or forces.
1117.13 PRIVATE ACCESSORY SWIMMING POOLS.
Private accessory swimming pools with permanent locations may be permitted in any district, provided the following provisions are met:
(a) The pool is intended solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.
(b) It may not encroach upon any required front yard or side yard, within fifteen (15) feet of front or side boundaries.
(c) The swimming pool shall be walled or fenced in order to prevent uncontrolled access by children from any street or adjacent property. Any such fence shall not be less than five (5) feet in height and maintained in good condition.
(d) Exterior lighting shall be shaded wherever necessary in order to avoid casting direct light upon any other property or any public street.
1117.14 PRIVATE RECREATION FACILITIES.
All private recreation facilities shall be in accordance with the following provisions in addition to any conditions required by the Board of Zoning Appeals.
(a) Community swimming pools may be permitted provided the following conditions are met.
(1) The pool and accessory structures, including the areas used by the bathers and the required parking areas, shall not be located closer than fifty (50) feet to any residential district and must be screened in accordance with Section 1117.15
.
(2) The swimming pool and all of the areas used by bathers shall be walled or fenced in order to prevent uncontrolled access by children from the streets or adjacent properties. Said fence or wall shall not be less than six (6) feet in height and maintained in good condition.
(3) Loudspeakers, juke boxes, public address systems, and electric amplifiers shall be permitted insofar as they do not create a nuisance and/or disturb the peace of persons on any other properties within any district.
(4) Exterior lighting shall be shaded wherever necessary in order to avoid casting direct light upon any other property or a public street.
(b) Recreational Vehicle Parks: Not Permitted.
(c) Other private recreation facilities shall be in accordance with the following:
(1) Loudspeakers, juke boxes, public address systems, and electric amplifiers shall be permitted insofar as they do not create a nuisance within any district.
(2) Exterior lighting shall be shaded wherever necessary in order to avoid casting direct light upon any other property or public street.
(3) All water activities shall be adequately protected by fences, walls, or other suitable barriers in order to prevent uncontrolled access by unauthorized persons.
1117.15 SCREENING.
No buildings or structures shall be erected, altered, or enlarged nor shall for any non- residential use on a lot that adjoins or faces any Residential District be used, nor shall any multiple family use be established adjoining any single family development, until a plan for screening has been submitted, approved by the Zoning Inspector, or the Board of Zoning Appeals in case of Conditional Uses, except in accordance with the following provisions:
(a) Screening shall be provided for one or more of the following purposes:
(1) A visual barrier to partially or completely obstruct the view of structures or activities.
(2) As an acoustic screen to aid in absorbing or deflecting noise.
(3) For the containment of debris and litter.
(b) Screening may be one of the following or a combination of two or more, as determined by the Zoning Inspector.
(1) A solid masonry wall.
(2) A solidly constructed decorative fence.
(3) Louvered fence.
(4) Dense evergreen plantings.
(5) Landscaped mounding.
(c) Whenever any non-residential use abuts a residential district, a visual screening wall, fence, planting and/or a landscaped mound shall be erected or placed beside such mutual boundary lines, except where the Zoning Inspector has determined that a traffic hazard will be created.
(d) Height of screening shall be in accordance with the following:
(1) Visual screening walls, fences, plantings, or mounds shall be a minimum of five and one half (5 ½) feet high in order to accomplish the desired screening effect, except in required front yards when maximum height shall be not greater than two and one half (2 ½) feet. Exception to the height of screening in the front yard may be provided for by the Board of Zoning Appeals.
(2) A dense evergreen planting with a minimum height of four (4) feet at planting and a mature height of at least five and one half (5 ½) feet or greater or solidly constructed decorative fence shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses except for the portion of such boundary located within a required front yard.
(e) Screening for purposes of absorbing or deflecting noise shall have a depth of at least fifteen (15) feet of dense planting or a solid masonry wall in combination with decorative plantings.
(f) Whenever required screening is adjacent to parking areas or driveways such screening shall be protected by bumper blocks, post, or curbing to avoid damage by vehicles. All screening shall be trimmed, maintained in good condition, and free of advertising or other signs.
1117.16 DRIVE-IN SERVICE.
Establishments, which by their nature create lines of customers waiting to be served within automobiles, shall provide off-street storage areas in accordance with the following requirements.
(a) Photo pick-ups, restaurants, drive-thru beverage docks, and other similar commercial establishments that can normally serve customers in three minutes or less shall provide no less than five (5) storage spaces per window. Drive-in restaurants and other similar uses which require an additional stopping point for ordering shall provide a minimum of five (5) storage spaces for each such stopping point.
(b) Commercial establishments which require a transaction time in excess of three (3) minutes such as banks, savings and loan offices, or other similar money windows shall provide no less than seven (7) storage spaces per window.
(c) Self-serve automobile washing facilities shall provide no less than five (5) storage spaces per stall. All other automobile washing facilities shall provide no less than ten (10) storage spaces per entrance.
(d) Automobile service stations shall provide no less than two (2) storage spaces for each accessible side of a gasoline pump island. Gasoline pumps shall not be located closer than fifteen (15) feet to any street right-of-way line, nor within fifteen (15) feet of a reserved sight distance area as required in Section 1117.10
.
1117.17 PARKING AND STORAGE OF MOBILE HOMES AND VEHICLES OTHER THAN PASSENGER CARS.
The parking and/or storage of mobile homes, recreational vehicles, or other vehicles other than passenger cars upon any lot shall be in accordance with the following provisions:
(a) Mobile Homes: No living quarters shall be maintained or any business conducted within any mobile home .
(b) Recreational Vehicles. No dwelling unit shall be maintained and no business shall be conducted within any recreational vehicle. The wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall any recreational vehicle be permanently attached to the ground.
(c) Construction Equipment Within Residential Districts: Outdoor storage or parking of backhoes, bulldozers, well rigs, and other similar construction equipment, other than equipment temporarily used for construction upon the site, shall not be permitted within any residential district.
(d) Other Vehicles: The storage or parking of any vehicle having a gross vehicle weight rating greater than 10,000 pounds or an overall vehicle length greater than 21 feet shall not be permitted within any Residential District, excluding vehicles making temporary service or delivery calls.
1117.18 COMMUNITY BASED RESIDENTIAL SOCIAL SERVICE FACILITIES.
Residential facilities providing resident services for the care and/or rehabilitation of groups or individuals who require protection supervision within a residential environment shall be permitted only in accordance with the following provisions:
(a) Foster Homes may be permitted within any district in which residential dwellings are permitted, provided such homes possess a valid, appropriate license.
(b) Family Care Homes may be permitted within an adequately sized unattached residential dwelling, provided that:
(1) The home shall possess a valid license from the appropriate state agency.
(2) The home shall be required to meet the district regulations applicable to single family residences within the district in which such home is located.
(3) The home shall provide adequate off-street parking area for each resident and/or resident supervisor who is permitted to own or operate an automobile.
(4) The Zoning permit shall be limited to the operator to whom it is originally issued and is not transferable to any subsequent operator.
(c) Group Care Homes may be permitted within an adequately sized unattached residential dwelling within designated residential districts subject to the Board of Zoning Appeals. The Board of Zoning Appeals shall determine whether to permit such requests and any conditions which it feels may be necessary to insure compatibility with the neighborhood, using the following criteria as a minimum:
(1) No group care home may be permitted unless the agency supervising such a facility satisfies the Board of Zoning Appeals that the home complies with all licensing requirements of the State of Ohio.
(2) The home shall not be located closer than 500 feet to another Family Care Home, Group Care Home, Home for Adjustment or Institution. Variances of more than ten percent (10%) of this requirement may not be considered.
(3) The home shall be reasonably accessible, by reasons of location or transportation provided by the operator, to necessary medical, psychiatric, recreational, or other services required by the residents.
(4) Every room occupied for sleeping purposes within the home shall contain a minimum of eighty (80) square feet of habitable floor area for each occupant.
(5) The operator or agency applying for a conditional use permit to operate a facility shall provide the Board of Zoning Appeals with a plan which documents the need for the home in relation to the specific clientele served, describes the program objectives and nature of the facility, identifies the location and type of other community based residential social service facilities operated by such operator or agency, and lists the standards of the State of Ohio, and the sponsoring agency for the operation of the desired facility.
(6) The home shall provide adequate off-street parking area for each resident and/or resident supervisor who is permitted to own or operate an automobile.
(7) The proposed use of the site as a group care home shall be compatible with the present character of the neighborhood, considering noise, traffic, lights, exterior alterations of the structure, or other potentially offensive characteristics.
(8) The conditional use permit shall be limited to the operator to whom it is originally issued and is not transferable to any subsequent operator.
(d) Homes for Adjustment may be conditionally permitted within an adequately sized unattached residential structure subject to the approval of the Board of Zoning Appeals. The Board of Zoning Appeals shall determine whether to permit such requests and any conditions which it feels may be necessary to insure compatibility with the neighborhood, using the following criteria as a minimum:
(1) No Home for Adjustment may be permitted unless the court or agency supervising such a facility satisfies the Board of Zoning Appeals that the home complies with all licensing requirements of the State of Ohio.
(2) The home shall not be located closer than 500 feet to another Family Care Home, Group Care Home, Home for Adjustment, or Institution. Variances of more than ten percent (10%) of this requirement may not be considered.
(3) The home shall be reasonably accessible, by reason of location or transportation provided by the operator, to necessary medical, psychiatric, recreational, or other services required by the residents.
(4) Every room occupied for sleeping purposes within the home shall contain a minimum of eighty (80) square feet of habitable floor area for each occupant.
(5) The operator or agency applying for a conditional use permit to operate a facility shall provide the Board of Zoning Appeals with a plan which documents the need for the home in relation to the specific clientele served, describes the program objectives and nature of the facility, identifies the location and type of other community based residential social service facilities operated by such operator or agency, and lists the standards of the State of Ohio, and the desired facility.
(6) The home shall provide adequate off-street parking area for each resident and/or resident supervisor who is permitted to own or operate an automobile.
(7) The proposed use of the site as a home for adjustment shall be compatible with the present character of the neighborhood, considering noise, traffic, lights, exterior alterations of the structure, or other potentially offensive characteristics.
(8) The conditional use permit shall be limited to the operator to whom it is originally issued and is not transferable to any subsequent operator.
(e) Institutions may be conditionally permitted in an unattached structure within any designated district, subject to approval by the Board of Zoning Appeals.
1117.19 CHRISTMAS TREE SALES.
(a) The Zoning Code of the Village of Cedarville shall be amended to permit the application and granting of a thirty (30) day temporary variance of the applicable Zoning Code regulations to allow the sale of Christmas trees within the Village of Cedarville as a seasonal activity from the day following Thanksgiving Day to December 24th each year.
(b) Anyone who wishes to apply for such a temporary variance must file such an application through the Village Zoning Officer who may approve or deny such application after taking into consideration the size of the operation planned and proposed hours of operation, the size of the lot designated to sell the trees, and whether the activity would cause a nuisance, create a traffic or safety hazard, or cause a disruption in the peace and quiet of a residential neighborhood.
(c) The cost of the application for a temporary variance for seasonal activities to sell Christmas trees shall be a nonrefundable fee of fifty dollars ($50.00) for each tree lot location with such fee to be deposited with the Zoning Officer at the time of the filing of the application, such application to be made no later than November 15th of the year the thirty (30) day variance is desired. The fifty dollar ($50.00) application fee must be paid each year for each tree lot at the time the application is made to the Zoning Officer.
(d) The denial of any temporary variance under this section may be appealed to the Village Board of Zoning Appeals through the same appeal process as provided by the Village Ordinances and Zoning Code for the appeal of the denial of any variance request.
(Ord. 2020-12. Passed 11-9-20.)
1117.20 JUNK.
The accumulation of trash, unlicensed vehicles, junk vehicles, vehicle parts, rags, or other debris in any district shall be a nuisance per se and shall be prohibited. The purpose of this section is to promote the health, safety, and welfare of the Village by eliminating environments for breeding of vermin, rodents, insects, and infestations.
1117.21 JUNK YARDS.
Junk yards may be permitted as a Conditional Use within specified districts upon the submission of satisfactory proof that such operations will not be detrimental to the neighborhood or surrounding properties. No junk yard shall be located, operated, or maintained within the Village unless it is located within the proper district and the following conditions have been guaranteed by the applicant:
(a) The operator of the junk yard shall possess a license from the Greene County Auditor.
(b) The junk yard operation shall possess a plan for the control of insects, rodents, and other disease vectors.
(c) The area of the site used for the storage of junk shall be completely enclosed by a fence or other suitable means to prevent any uncontrolled access by unauthorized persons.
(d) The site shall contain mounding, screening, or natural vegetation adequate to obscure the view of junk from any public street or surrounding property as determined by the Board of Zoning Appeals.
(e) Any fence required for screening purposes shall be in accordance with the following requirements:
(1) It shall be neatly constructed of opaque material.
(2) It shall not be less than six (6) feet in height.
(3) It shall be maintained in a condition so as to insure its opaqueness.
(4) It shall contain no advertising.
(f) All motor vehicles stored or kept in such junk yards shall be kept so that they will not catch and hold water in which mosquitoes may breed, and so that they will not constitute a place or places in which mice or other vermin may be harbored, reared, or propagated.
(g) Because of the tendency for junk yards to promote the breeding of mosquitoes and vermin and the potential volatile nature of certain materials, no operation shall be permitted closer than five hundred (500) feet from any established residential district.
(h) The Zoning Inspector or a Health Department Employee may visit the site at any time and may have cause for a Cease and Desist Order if any of the above sections are in violation.
1117.22 RESERVED.
1117.23 MINERAL EXTRACTION OPERATIONS.
The purpose of this Section is to insure that the mineral resources of the Village are properly managed, and that all land used for mineral extraction be properly located, screened, and reclaimed so as not to create a hazard or nuisance which may adversely affect the health, safety, or general welfare of the community, either immediately or in the future. Quarries, sand and gravel operations, or other mineral extraction operations may be permitted as a Conditional Use within specified districts upon submission of satisfactory proof that such operations will not be detrimental to the neighborhood or surrounding properties. The following conditions shall be guaranteed by the applicant:
(a) All conditional use applications for mineral extraction operations within the Village shall be accompanied by the following information, at a minimum:
(1) Vicinity maps, drawn at a scale of one (1) inch equal to one thousand (1,000) feet, illustrating the extraction in relation to surrounding existing and proposed land uses, existing and proposed roads, surrounding zoning districts, and Perspectives: A Future Land Use Plan For Greene County, Ohio;
(2) A map at a scale of at least one (1) inch equals one hundred (100) feet showing existing contours at intervals of five (5) feet or less, any existing building structures, and any public utilities or easements on the property;
(3) Name and address of the applicant, including all partners and officers of the corporation;
(4) Name and address of the owner of the surface rights of the property;
(5) The location, description, and size of the areas to be excavated during the first year as well as an estimate of the total anticipated area of excavating;
(6) A list of the types of resources or minerals to be extracted;
(7) The proposed method of removal of such resources and whether or not blasting or other use of explosives will be required;
(8) A study of the anticipated depth of excavation and the probable effect to the existing water table conducted by a qualified professional engineer registered in the State of Ohio. If the water table is to be affected, the operator shall provide proof, before permission for excavation is given, that the source of any public or private water supply shall not be adversely affected due to a lowering of the water table or contamination of the supply;
(9) The location of any processing plant that may be utilized in connection with the operation of a processing plant by the mining processor or any other firm, person, or corporation;
(10) A general description of the equipment to be used for excavating, processing, and/or transporting excavated mineral resources;
(11) A transportation plan for the site illustrating any proposed internal circulation routes within the site;
(12) Any other information the Board of Zoning Appeals may deem necessary in order to determine if the proposed extraction operation will not be detrimental to surrounding land uses and the community in general.
(b) All proposed mineral extraction operations shall be required to secure a permit for such activities from the Chief of the Division of Reclamation, Ohio Department of Natural Resources prior to the issuance of a Conditional Use Permit.
(c) Adequate operational controls shall be used to minimize the creation of detrimental ground vibrations, sound, pressure, smoke, noise, odors, or dust which would injure or be a nuisance to any persons living or working in the vicinity.
(d) The location of any storage or processing activities upon the site shall be subject to approval by the Board of Zoning Appeals because of possible detrimental external effects such as air or water contamination. All such activities shall be naturally or artificially screened from any public street, existing dwelling unit, or any residentially zoned property.
(e) Mineral extraction to a depth not exceeding six (6) feet may be conducted up to one-hundred (100) feet of any residential district, provided the operation is conducted over a temporary period not to exceed twelve (12) months and the operation of equipment is limited to the extraction process. All other mineral operations shall not be conducted closer than five hundred (500) feet from an existing residential district.
(f) Temporary operational roads shall not be located closer than two hundred (200) feet from any Residential District or any existing dwelling.
(g) Buildings and structures designed and constructed exclusively for mineral extraction, storage, or processing, for which no future use is contemplated and no other use is practical or feasible, shall be demolished and removed at expiration or the Conditional Use Permit.
(h) The operator shall maintain complete records on a daily basis of all blasting operations including records of the time, the date, the location, and complete description of weather conditions relating to each such blast. Such records shall be available to the Zoning Inspector upon request. At the request of the Board of Zoning Appeals, the operator shall fully cooperate in any investigation by the Board of Zoning Appeals of the conditions of the operation. In the event that it is established as a matter of fact that there has been a failure to adequately comply with the provisions of this Section, said operator shall take immediate steps to provide fully compliance herewith.
(i) In order to insure adequate lateral support for public roads in the vicinity of mineral extraction operations:
(1) All sand and gravel excavations shall be located at least 100 feet and backfilled to at least 150 feet from a street right-of-way line.
(2) All quarrying or blasting shall be located at least 100 feet from the right-of- way line of any existing or platted street, road, highway or railway.
(3) Such excavation or quarrying may be permitted within these limits to the point of reducing the ground elevation to the grade of the existing or platted street, road, or highway where officially approved by the authority charged with maintenance of such platted street, road, or highway.
(j) All excavations of gravel or sand shall either be:
(1) Made to a depth not less than five (5) feet below a water-producing level, or
(2) Graded and/or backfilled with non-noxious and nonflammable solids, to assure that the excavated area will not collect and retain stagnant water. The graded or backfilled surface shall create an adequate finished topography to minimize erosion by wind or rain and substantially conform with the contours of the surrounding area.
(k) The underwater banks of all excavations which are not backfilled shall be sloped at a grade of not less than 3 feet horizontal to 1 foot vertical a minimum or six (6) feet below the water line. Spoil banks shall be graded to a level suiting the existing terrain and planted with trees, shrubs, legumes, or grasses where revegetation is possible.
(l) Whenever the floor of a quarry is greater than five (5) feet below the average grade of an adjacent public street or any adjacent property, the property containing such quarry shall be completely enclosed by a mound of earth not less than six (6) feet in height, and planted with suitable landscaping, or a fence not less than six (6) feet in height. All plantings or fences shall be sufficient in either case to prevent persons from trespassing upon the property and shall be subject to approval by the Board of Zoning Appeals. Such mound shall be located not less than twenty-five (25) feet from any street right-of-way or boundary of the quarry property. Such barriers may be excluded where deemed unnecessary by the Board of Zoning Appeals because of the presence of a lake, stream, or other existing natural barrier.
(m) When any quarrying has been completed, such excavated area shall either be left as a permanent spring-fed lake, or the bottom floor thereof shall be leveled to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion. Said floor shall be covered with soil or adequate thickness for the growing of turf or other ground cover.
(n) To guarantee the restoration, rehabilitation and reclamation of mined-out areas, every applicant granted permission by the Board of Zoning Appeals to conduct a mineral extraction operation as herein provided shall furnish a reclamation plan and a performance bond running to the Clerk of the Village. The amount of the performance bond shall be based upon an estimate of costs to meet the aforementioned requirements prepared by a professional civil engineer registered in the State of Ohio and submitted by the applicant. The amount of the performance bond shall be established by Resolution of the Village Council, depending upon the type and extent of restoration required. The performance bond shall be a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the Board of Zoning Appeals meet the requirements of this section.
(o) The reclamation plan for the extracted area shall contain, at a minimum, the following information:
(1) A map at a scale of one (1) inch equals one hundred (100) feet showing the existing contours at intervals of five (5) feet or less, any existing utilities or easements on the property.
(2) The depth of the proposed cover which shall be at least as great as the depth of the unusable overburden which existed at the commencement of operations, but which in no event need be more than 18 inches.
(3) The angle of slope of all earthen banks, which shall be no greater than one (1) foot vertical to three (3) feet horizontal. In areas where at the commencement of excavation a greater angle existed, the angle of slope shall be no greater than that which existed at the commencement of excavation.
(4) The angle of slope of all banks consisting of rock and the required cover.
(5) The location of fences or effective plantings in those locations where the Board of Zoning Appeals determines that such angles of slope are not physically or economically feasible to reduce.
(6) The number of trees and shrubs, and the type of ground cover to be provided. The type and number per acre of trees, shrubs, ground cover, or legumes to plant shall be determined in consultation with the Greene County Agricultural Extension Agent.
(7) The location of proposed ultimate land uses, and physical improvements such as roads, drives, drainage courses, utilities and other improvements as determined in consultation with the Regional Planning and Coordinating Commission, the County Engineer, the Sanitary Engineer, and the Planning Commission.
(8) A statement that vegetation shall be restored by the spreading of sufficient soil and by appropriate seeding of grasses or planting of shrubs and trees in all parts of said reclamation area where the same is not submerged under water.
(9) A grading plan showing the proposed final topography of the area indicated by contour lines of no greater interval than five (5) feet.
1117.24 TEMPORARY USES.
The following regulations are necessary to govern the operation of certain uses which are nonpermanent in nature. Application for a Temporary Zoning Permit shall be made to the Zoning Inspector, containing a graphic description of the proposed use, and sufficient information to determine yard requirements, setbacks, sanitary facilities, and parking space for the proposed temporary use. The following uses are deemed to be temporary uses and shall be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located.
(a) Carnivals, Circuses, Tent Meetings, Bazaars, Festivals, Art Shows, or Other Similar Public Events may be permitted within any non-residential district and upon church, school or other similar sites within any residential district. Permits for temporary events may be obtained from the Mayor or Zoning Administrator and must be requested not less than 15 days prior to the event. Such uses shall only be provided on lots where adequate off-street parking can be provided and shall not be permitted for a period longer than fifteen (15) days.
(b) Christmas Tree Sales may be permitted within any non-residential district for a period not exceeding thirty-five (35) days.
(c) Real Estate Sales Offices may be permitted within any district for any new subdivision which has been approved by the Planning Commission under the Subdivision Regulations for the Village. Such office shall contain no living accommodations. The permit shall be valid for one (1) year, but may be granted two (2) six-month extensions if conditions warrant such renewal. Such office shall be removed upon completion of sales of the lots therein, or upon expiration of the Temporary Zoning Permit, whichever occurs sooner.
(d) Temporary office for contractors and equipment sheds incidental to a construction project may be permitted within any district. The permit shall not be valid for more than one (1) year but may be renewed for six-month extensions if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction project, or upon expiration of the Temporary Zoning Permit whichever occurs sooner.
(e) The temporary placement of a mobile home upon a lot which already contains a residential structure may be permitted where the Board of Zoning Appeals finds that special circumstances or conditions such as fires, windstorms, or other similar events which are fully described in the findings of the Board, exist, such that the use of a temporary residential structure is necessary in order to prevent an exceptional hardship on the applicant, provided that such a temporary structure does not represent a hazard to the safety, health, or welfare of the community.
An applicant for a Temporary Zoning Permit under subsection (e) must produce a written statement for the Greene County Health Department approving the water supply and wastewater disposal system of the temporary mobile home location. Such permit may be initially issued for nine (9) months, renewable for up to three (3) months time for all permits, not exceeding a total of twelve (12) months.
(f) Temporary sales may be permitted within parking lots within any business district. A temporary Zoning Permit for such sales shall only be issued once within any four (4) month period and shall not exceed a period of seven (7) consecutive days unless otherwise approved by the Board of Zoning Appeals. A temporary use permit shall not be issued if it is determined by the Zoning Inspector that encroachment of more than twenty-five percent (25%) of the required storage or parking areas will take place.
(g) Garage sales may be permitted within any district in which dwellings are permitted. Garage sales may be permitted three times for any particular lot within any twelve (12) month period and shall not exceed a period of seven (7) consecutive days. Accessory parking shall be provided upon the lot in such a manner as to not create a traffic hazard.
1117.25 CEMETERIES.
The following standards shall apply to the development and construction of cemeteries within the Village.
(a) The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare which the Board of Zoning Appeals determines is adequate to serve the size of facility proposed.
(b) Any new cemetery shall be located on a site containing not less than twenty (20) acres.
(c) All buildings, including but not limited to mausoleums and maintenance buildings, shall respect the required yard setback of the district in which it is located.
(d) All graves or burial lots shall be set back not less than twenty-five (25) feet from any street right-of-way line.
(e) All required yards shall be landscaped and maintained in good order in accordance with state and local regulations. A plan for perpetual care of the grounds shall be required.
1117.26 RESERVED.
1117.27 RESERVED.
1117.28 HOME OCCUPATIONS.
All home occupations shall be in accordance with the following provisions:
(a) No person or persons shall operate a home occupation or be employed thereunder other than a resident of the premises;
(b) All home occupations shall be conducted entirely within the dwelling unit, and the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than twenty-five percent (25%) of the gross floor area of any dwelling unit shall be used for a home occupation;
(c) Uses permitted as home occupations include beauty services, barber services, music or other similar types of lessons, woodworking, upholstery, arts and crafts, an office for professional services, an office for the business in which the occupant is engaged, and limited repair services for domestic goods and appliances such as lawnmowers, televisions, radios, etc.;
(d) There shall be no change on the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the building in which the home occupation is located;
(e) There shall be no sale on the premises of commodities not produced as the result of the home occupation;
(f) No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Regulation, and shall not be located in a required front yard; and
Equipment or processes shall not be used in such home occupation which create noise, vibrations, glare, fumes, odors, or electrical interference detectable outside the dwelling unit if the occupation is conducted in a single-family residence, or off the lot if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television receiver off the premises, or causes fluctuations in voltage off the premises.
(g) A home occupation may be conducted as a conditional use in an accessory structure provided that:
(1) The accessory structure existed prior to the effective date of this amendment.
(2) That all requirements of subsections (a), and (c) to (f) hereof are complied with.
(3) That the Board of Appeals determines that the proposed home occupation conducted within the accessory structure is consistent with subsection (c) hereof and is compatible with the residential character of the neighborhood.
1117.29 MINIMUM FLOOR AREA PER DWELLING UNIT.
The minimum residential floor area per dwelling within the Village shall be in accordance with the following table. These requirements shall be applicable to all districts.
0 Bedroom | 1,000 square feet | 600 square feet |
1 Bedroom | 1,000 square feet | 750 square feet |
2 Bedroom | 1,100 square feet | 900 square feet |
3 Bedroom | 1,250 square feet | 1,050 square feet |
4 Bedroom | 1,400 square feet | 1,200 square feet |
5 Bedroom | 1,550 square feet | 1, 350 square feet |
6+ Bedroom | 1,700 square feet plus 150 square feet for each add | plus 150 square feet for each add. |
bedroom over 6 | bedroom over 5 | |
1117.30 CHURCHES WITHIN RESIDENTIAL DISTRICTS.
Churches and their accessory uses shall be permitted within residential districts only under the following requirements:
(a) The minimum lot area shall be two (2) acres and the minimum lot width shall be two hundred (200) feet. The lot area shall be adequate to accommodate the required off-street parking requirements of the church.
(b) The church building shall be set back from any adjacent residential property line a distance equal to or greater than the height of the structure exclusive of the steeple or spire.
(c) The church lot shall be accessible to a major thoroughfare.
(d) Accessory living quarters may be provided on the church lot as a Conditional Use. The location, density, and the additional lot area required for such uses shall be subject to approval by the Board of Zoning Appeals.
1117.31 PROPERTY MAINTENANCE.
(a) Purpose: The condition of all premises and the exterior of all buildings and structures thereon shall be maintained at a level in keeping with the standards of the Village. The purpose of this section shall be the elimination and prevention of blighting effects and hazards to health , safety, and welfare.
(b) Definitions: For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where terms are not defined in the provisions of this section, they shall have ascribed to them their meanings as set forth in the Zoning Regulation of this Village. Where questions arise as to the meaning of terms not specifically defined, the Zoning Administrator shall determine the implied meaning.
(1) Accessory structure: A structure, whether temporary or permanent, the usage of which is incidental and secondary to that of a principal building and which is located on the same premises.
(2) Deterioration: Refers to the diminution of quality, character, or value of a structure because of lack of maintenance. Such deterioration, if left unchanged, may result in dilapidation. Deterioration may include inadequate paint protection, faulty roof, missing gutters or downspouts, lack of screening, loose doors and windows, access to vermin, blockage of drains, inadequate structural support systems, etc.
(3) Dilapidation: Refers to structures evidencing a state of ruin, decay, or disrepair. The severity of dilapidation shall be judged by examining major structural components, such as foundations, walls, siding, roofing, plumbing, guttering, etc. The term implies a hazard to health or safety.
(4) Lot: Includes the words “zoning lot,” Piece,” “parcel”, and “plot.”
(5) Owner: The owner of record of the premises as determined by examination of the public records of the Auditor’s Office of Greene County, OH, or the duly recognized agents of the County.
(6) Premises: A lot, plot, or parcel of land, including all buildings or structures thereon, and including the area known as the driveway, tree lawn, landscape, situated to the front, side, or rear of any building. If no buildings are involved, it designates the land area owned by a particular individual and the properties contiguous to it.
(7) Refuse and Waste: Unused or discarded matter and material having no substantial market value, which includes, among other things, rubbish, refuse, debris, and similar matter. Such material may include, but is not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery (or parts thereof), scrap metal, furniture, inoperative motor vehicles, vehicle parts, trimmings from plants or trees, cans, bottles, and barrels.
(8) Structure: An assembly of materials forming a construction or occupancy. Structures may include, but are not limited to, buildings, stadiums, tents, platforms, sheds, pools, water tanks, bins, shelters, fences, signs, etc.
(c) Interpretation.
(1) Minimum requirements: The provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare. In the event that the provisions of this chapter involve several individuals, the responsibility for remediation shall rest equally upon all parties involved, i.e., landlord, tenant, owner, manager, etc.
(2) More restrictive: In the event that the requirements of another level of jurisdiction conflict, i.e., State Codes, or County Codes, with Village Regulations, the more stringent requirement shall be enforced.
(3) Agreements: This section is not intended to repeal or interfere with any agreements that may exist by way of rights of way, easements, covenants, etc. In such cases, the more restrictive requirement shall be enforce.
(4) Municipal exemption: The provisions of this section shall not be deemed to apply to municipal operations, personnel, or contractors acting in the performance of functions for the Village. (Ord. 2013-04. Passed 6-10-13.)
(d) Nuisances. The following conditions, acts and items are declared to be nuisances:
(1) Fire hazards: Dry or dead shrubs, dead trees, combustible refuse and waste, or any material upon either public or private property which by reason of size, location, or manner of growth constitutes a fire hazard to a building, improvement, crop, or other property; or which, when dry will provide reasonable probability of burning, shall be considered a fire hazard.
(2) Hazardous obstructions: Landscaping or obstacles installed in the front yard, or setback area of a yard which cause a vision obstruction creating a danger to a person involved in the reasonable operation of a vehicle or on foot.
(3) Polluted water: Any body of water which is abandoned or unattended in such a way that it becomes stagnant or unusable by the allowance of bacterial growth, algae, remains of organic substance, rubbish, debris, or any other material which by its nature would constitute an unhealthy, unsafe, or unsightly condition.
(4) Open burning: The intentional, unauthorized , outdoor burning of any material, structure, matter, or thing in any manner other than a container manufactured for burning under very controlled conditions. See ORC Chapter 1551, as well.
(5) Refuse and waste: Refuse and waste matter which, by reason of its location and character, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially interfere with the prevention or suppression of fire upon the premises.
(6) Improper motor vehicle storage: See ORC 521.13 Junk Vehicles.
(7) Inadequate property maintenance: It is hereby declared a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in this Municipality to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
A. Buildings which are abandoned, dilapidated, improperly secured, partially destroyed , or left in a state of partial construction.
B. Unpainted buildings, resulting in dry rot, warping, or termite infestation.
C. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.
D. Noxious weeds or other vegetation including grasses which are 8 inches or more in height, or any weed or vegetation growth causing a hazardous condition to pedestrian or vehicular traffic or which is likely to harbor vermin, rats, or other pests.( ORC Chap. 557).
E. Dead trees or litter, including garbage, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, part of automobiles, furniture, glass, oil, or anything else of unsanitary or unsightly nature.
F. Attractive nuisances, dangerous to children and other persons, in the form of abandoned equipment, hazardous pools, ponds, and excavations, and neglected machinery.
G. Broken or discarded furniture and household equipment in visible yard areas.
H. Clotheslines in front yards.
I. Property, such as building exteriors, which is maintained in such condition as to become so defective, unsightly, or in such condition as to cause the diminution of property values in the surrounding area. This includes collection of discarded or unused objects in such a manner as to create unsightly appearance by reason of condition or inappropriate location.
(8) Construction and repair materials: Materials used to construct or maintain structures must be of a similar material to the remaining portions of the structure so as to not create a “patchwork” appearance to the structure.
(Ord. 2013-04. Passed 6-10-13.)
(e) Structural Defects and Maintenance after Property Damage. Any structure which has been damaged by fire or natural events must be repaired or removed. This would include any building becoming in disrepair or dilapidated to the point of being unfit for occupation.
(1) Within a period of 60 days after damage to any real estate exceeding $1000, the owner or person having possession or control of the property, shall have taken the following steps:
A. Contracted for the demolition and removal of any parts of the property not to be restored or repaired, including removal of debris.
B. Contracted for the repair or restoration of the damaged areas.
C. Secured any damaged property that might become an attractive nuisance.
(2) In addition to other remedies provided by law, failure to comply with the provision of this section may result in the Village taking action to remove, repair, or secure the structures at the expenses of the owners of the property.
(f) Ohio Revised Code. Building and property management also falls under ORC Chapter 13 and is regulated thereby. Penalties and level of offenses are found in ORC Chapter 5. Ohio Fire Code is in Chapter 15 of the ORC.
1117.32 EMERGENCY ABATEMENT OF PUBLIC NUISANCE.
(a) In the event the Village Zoning Inspector determines that a public nuisance is present due to the condition of a parcel or parcels of real property or any buildings or improvements thereon in the Village of Cedarville and the public health, safety, and welfare of the residents of the Village of Cedarville will be threatened by the continuance of the public nuisance, other than a public nuisance described in subsection (b) hereof, and determines that the designated public nuisance must be removed immediately to prevent injury to life and/or property of the residents of the Village, the Zoning Inspector shall report such facts to the Mayor, and the Mayor shall cause the immediate repair, vacation or demolition, or whatever action is necessary to abate such nuisance at the expense of the property owner for all accrued cost. When an emergency public nuisance has been determined by the aforesaid officers, the abatement shall be carried out, except that the Mayor and/or Zoning Inspector shall, to the extent reasonably permitted, by the exigency of the circumstances, give the owners of the subject premises, written or personal advice of his/her intended action and an opportunity for hearing thereon as well as the right to appeal such decision to the Board of Zoning Appeals pursuant to Sections 1133.03 and 1137.03 of the Codified Ordinances of the Village of Cedarville, Ohio.
(b) A public nuisance requiring emergency abatement exists when the Zoning Inspector finds a vacant structure which has been open to entry at doors, windows, or other points accessible to the general public for more than forty-eight (48) hours. The Zoning Inspector shall report such facts to the Mayor and the Mayor shall cause such public nuisance to be immediately abated pursuant to this subsection at the expense of the proeprty owner for all accrued costs. The Zoning Inspector shall be authorized at any time to enter on the premises and the owner shall permit him/her to enter the structure in order to investigate and abate the severity of the public nuisance. In securing such structure, the Zoning Inspetor may call on any department, division, or bureau of the Village for whatever assistance may be necessary, or may, by private contract, board and secure such structure. Upon making a determination that a structure is open to entry at doors, windows or other points accessible to the general public, the Zoning Inspector shall cause notice of such condition and the Village’s intent to board and secure the structure to be posted on the structure at least forty-eight (48) hours prior to the boarding and securing the structure. When an emergency public nuisance has been determined by the aforesaid officers, the abatement shall be carried out, except that the Mayor and/or Zoning Inspector shall, to the extent reasonably permitted, by the exigency of the circumstances, give the owners of the subject premises, written or personal notice of his/her intended action and an opportunity for hearing thereon as well as the right to appeal such decision to the Board of Zoning Appeals pursuant to Sections 1133.03 and 1137.03 of the Codified Ordinances of the Village of Cedarville, Ohio.
(c) Municipal water service shall be shut off at all structures boarded and secured per subsection (b) above, to prevent damage to meters, wastage, and potential damage to private property. Except as otherwise permitted in this section, Municipal water service will remain shut off until the Zoning Inspector confirms to the Service Department and to the Utility Billing Division of the respective Finance Department that the structure meets the minimum standards of the Property Maintenance Code, such confirmation not to be unreasonably withheld. No person may reside in any such structure while municipal water services are shut off. Except as otherwise provided in this section, Village-owned boarding may only be removed from a structure when the structure meets the minimum standards of the Property Maintenance Code. Municipal water service may be restored to a structure if the owner of the structure has paid in full all past due utility charges, including trash charges, pertaining to the property on which the structure is located and has entered into an Expedited Repair Agreement with the Village wherein the owner agrees to bring the struture into compliance with the Property Maintenance Code on or before a date certain. Each Expedited Repair Agreement entered into with the Village shall contain a description of repairs to be made to the subject structure, a covenant that all repairs will be made in a workmanlike manner and a liquidated damages provision establishing damages of five hundred dollars ($500.00) for the structure owner’s failure to complete repairs described in the Expedited Repair Agreement by the date certain established therein. The Mayor may require structure owners to deposit with the Village sufficient security to ensure the payment of liquidated damages under an Expedited Repair Agreement.
(d) The owner of a structure which has been boarded and secured by subsection (b) above shall immediately arrange for electric/gas service to be shut off at such structure to prevent potential fire threats to the structure and adjacent property. No person shall instruct an electric/gas utility company to restore electric/gas service to a structure which has been boarded per subsection (b) above, without first acquiring an electric/gas reconnect permit from the servicing electric/gas supplier and providing that structure is equpped with, at a minimum, a three-wire, 120/240 volt, single phase electrical service having a rating of not less than 100 amperes.
(Ord. 2020-03. Passed 3-9-20.)
1117.33 RENTAL AND LEASED PROPERTY.
All owners of Residential Rental Properties located in the Village as defined in Section 1105.02(115) of the Codified Ordinances must register such rental properties with the Village Administrative Office.
(a) The following shall be exempt from the requirements of this section:
(1) Hotels and Motels.
(2) College or University dormitories.
(3) Rental properties that are available to the public for a period of less than thirty (30) days.
(b) Current owners of residential rental properties must register with the Village Administrative Office within sixty (60) calendar days of the effective date of this Ordinance.
(c) New owners of residential rental properties must register with the Village Administrative Office within thirty (30) days of any ownership transfer.
(d) Owners must notify the Village Administrative Office of any change of information on their Residential Rental Registration Form within thirty (30) days of the date of change. This includes, but is not limited to, any change in ownership or the property and/or when a property has been vacant beyond thirty (30) days.
(e) All registration forms shall be accompanied by a one-time fee of twenty-five dollars ($25.00) per rental unit per owner to help cover the municipal costs of processing the form.
(f) Failure to register pursuant to this Section is subject to a fine of one hundred dollars ($100.00) per rental unit. Each thirty (30) days the property(ies) remains unregistered after the owner or his agent receives notification of a violation of this section shall constitute a separate violation without the necessity of further notification.
(g) Failure by the owner to maintain accurate and updated information on the registration form is subject to a fine of one hundred dollars ($100.00) per rental unit. Each thirty (30) days that the information remains inaccurate after the owner or his agent receives notification of a violation of this section shall constitute a separate violation without the necessity of further notification.
(Ord. 2022-12. Passed 4-11-22.)
1117.34 INTERNATIONAL PROPERTY MAINTENANCE CODE (IPMC).
There is hereby adopted by the Village of Cedarville the 2021 International Property Maintenance Code (IPMC) effective April 11, 2022.
(Ord. 2022-10. Passed 4-11-22.)