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Centerburg City Zoning Code

CHAPTER 1109

Accessory and Temporary Uses

1109.01 ACCESSORY USE AND STRUCTURE REGULATIONS.

   (a)   Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses while not creating adverse impacts on surrounding lands.
   (b)   General Provisions.
      (1)   An accessory use or structure shall be secondary and incidental to the primary use of the lot and shall not alter the character of the principal use.
      (2)   Accessory uses and structures shall be constructed on the same lot as the principal use that it serves.
      (3)   No accessory structure shall be constructed on any lot until the construction of the principal structure has commenced.
      (4)   In cases where the principal building is demolished, an existing accessory structure shall be allowed to remain on the lot or property without the principal building to which it is supposed to be an accessory on the following conditions:
         A.   Up to twelve (12) months consistent with that allowed by Chapter 1121: Nonconformities.
         B.   A zoning certificate is obtained for the reconstruction of the principal structure, the construction of which shall take place within twelve (12) months. Failure to complete reconstruction of the principal structure will be an automatic cause for the removal of the accessory structure at the owner's expense unless cause is given, in which case the Zoning Administrator may approve an extension of up to twelve (12) months.
      (5)   Small accessory structures such as doghouses, lending libraries, benches, garden decorations, barbeque equipment, etc. that are not otherwise addressed in this chapter, shall be exempt from the provisions of this section provided they do not have a footprint that exceeds 100 square feet and shall not exceed six (6) feet in height. Such structures shall only be permitted in the side or rear yard.
      (6)   No outdoor storage is permitted in any residential district other than wood, intended for the personal use of household residents in a fireplace or wood stove.
      (7)   An accessory structure that is attached to the principal building shall be considered an integral part of the principal building and shall comply with the site development standards and all other development standards of the applicable zoning district that apply to the principal building. Any accessory structure shall be considered as an integral part of the principal building if it is connected to the principal building either by common walls or by a breezeway or roof.
      (8)   All accessory buildings and structures shall be maintained in good condition and kept secure from the deteriorating effects of natural elements.
      (9)   No accessory structure may be used for temporary or permanent habitation unless approved as an accessory dwelling unit in accordance with this chapter.
   (c)   Prohibited Structures for Accessory Uses.
      (1)   Accessory structures that are constructed with fabric, canvas, tarpaulin, or other similar materials shall be prohibited unless approved as a temporary use or unless the accessory structure is permanent but the cover, canopy, etc., is removed for at least one season each calendar year, in which case, such materials must be maintained in good condition. Inflatable garages or storage structures shall also be prohibited.
      (2)   Portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any zoning district.
 
   (d)   Permitted Accessory Uses. The following is an explanation of Table 1109-1.
      (1)   The symbols for permitted uses with standards (PS), conditional uses (C), and prohibited are defined in the same manner as Section 1105.05(b).
      (2)   A blank cell indicates that a use is prohibited in the respective zoning district.
      (3)   Zoning Certificate Required. A "Yes" in the "Zoning Certificate Required" column shall mean that the applicable accessory structure or use requires a zoning certificate in order to be constructed.
      (4)   Use-Specific Standards. The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the listed accessory use or structure. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
      (5)   Similar Use Determination and Unlisted Uses. The determination of whether a proposed accessory use or structure is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section shall be made in the same manner as principal uses. See Section 1105.05(d).
Table 1109-1: Accessory Uses and Structures
PS=Permitted Use with Standards    C=Conditional Use
Accessory Use or Structure
ER, R-1,
R-2, & R-3
CC, VC, RO, P-I, and ID
Zoning Certificate Required
Use-Specific Standards in:
Accessibility Ramps
PS
PS
No
1109.01(e)(1)
Accessory Dwelling Units
PS
C
Yes
1109.01(e)(2)
Amateur Radio Antennas
PS
PS
Yes
1109.01(e)(3)
Athletic Recreational Facilities
PS
PS
Yes
1109.01(e)(4)
Child Care Centers (Nursery Schools or Day Cares)
PS
PS
Yes
1109.01(e)(5)
Detached Accessory Buildings
PS
PS
Yes
1109.01(e)(6)
Drive-Through Facilities
C
Yes
1109.01(e)(7)
Farmers Market
PS
Yes
1109.01(e)(8)
Home Occupations
PS or C
PS or C
See 1109.01(e)(9)
1109.01(e)(9)
Outdoor Dining
PS
Yes
1109.01(e)(10)
Outdoor Drop-Off Boxes
PS
PS
Yes
1109.01(e)(11)
Outdoor Sales and Storage
PS
Yes
1109.01(e)(12)
Retail Commercial Uses
PS or C
Yes
1109.01(e)(13)
Roadside Stands
PS
Yes
1109.01(e)(14)
Patios, Porches, and Decks
PS
PS
Yes
1109.01(e)(15).
Satellite Dishes
PS or C
PS or C
See 1109.01(e)(16)
1109.01(e)(16).
Solar Panels
PS
PS
Yes
1109.01(e)(17)
Swimming Pools
PS
PS
Yes
1109.01(e)(18)
Type-B Day Care Homes
PS
No
1109.01(e)(19)
   (e)   Use-Specific Standards. The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of Section 1109.01(b).
      (1)   Accessibility Ramps. The following standards shall apply to all accessibility ramps permitted in the Village:
         A.   Accessibility ramps are allowed in the front, side, and rear yards of a lot.
         B.   Ramps may encroach in all setbacks but shall not encroach on a public sidewalk, right-of-way, or street.
         C.   Such ramps shall be an open structure, without a roof.
         D.   Ramps must comply with American with Disabilities Act (ADA) standards.
      (2)   Accessory Dwelling Units. The following standards shall apply to all accessory dwelling units permitted in the Village:
         A.   Accessory dwelling units are only allowed in the rear yard of a lot.
         B.   Accessory dwelling units shall be set back a minimum of fifteen (15) feet from the rear lot line and shall meet the minimum side yard setback for principal buildings in the applicable zoning district.
         C.   There shall be a maximum of one accessory dwelling unit on a lot.
         D.   The accessory dwelling unit may be a detached accessory building or may be attached to the principal building.
         E.   The maximum floor area of accessory dwelling unit shall be 750 square feet unless, upon recommendation from the Planning Commission, a larger floor area is determined to be appropriate due to an existing building being converted to an accessory dwelling unit.
         F.   In residential districts, the owner of the lot shall reside in either the principal dwelling unit or the accessory dwelling unit.
         G.   The accessory dwelling unit shall share utilities with the principal building (no separate utilities or billing).
         H.   The accessory dwelling unit shall be permanently attached to a foundation.
         I.   The accessory dwelling unit shall be constructed to meet the requirements of the International Property Maintenance Code unless development is subject to the Ohio Building Code (e.g., in nonresidential districts).
         J.   Accessory dwelling units shall not exceed the maximum height of principal buildings in the applicable zoning district and in no case shall the accessory dwelling unit exceed the height of the principal building.
         K.   The accessory dwelling unit shall be designed in a similar style, and with similar building materials as the principal dwelling so as to harmonize with other buildings in the neighborhood.
         L.   Off-street parking shall be provided in accordance with Chapter 1115: Parking, Access, and Connectivity, accessible by an unoccupied and unobstructed driveway.
      (3)   Amateur Radio Towers and Antenna. The following standards shall apply to amateur radio towers and antenna permitted in the Village:
         A.   Amateur radio towers and antenna are only allowed in the side and rear yards of a lot.
         B.   No more than one amateur radio tower and/or antenna shall be permitted on each lot.   
         C.   Ground-mounted amateur radio towers, antennas, and related guy wire anchors must be located in the rear yard.
         D.   Building-mounted amateur radio towers and antennas must be located to the rear of the centerline of the principal building.
         E.   Such tower shall not exceed sixty-five (65) feet in height or the maximum height of the applicable zoning district, whichever is greater. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.
         F.   Antennas and guy wire anchors shall not overhang or otherwise be located within required accessory structure setbacks or on adjacent lots.
         G.   When an amateur radio tower and antenna is no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer or property ownership or lease to an individual without an FCC license.
         H.   Amateur radio towers and antennas that do not comply with the provisions of this section shall require a conditional use approval (See Section 1103.08.). The application for a conditional use approval for amateur radio towers and antennas must demonstrate that compliance with the provisions of this section would prevent the amateur radio operator from exercising the rights granted to him or her by the FCC or the State of Ohio by license or law. If the Planning Commission determines that expertise beyond that of Village staff is necessary to determine compliance with this criterion, then the applicant shall reimburse the Village for any expenses necessary for hiring a third-party consultant to make this determination.
      (4)   Athletic Recreational Facilities. The following standards shall apply to outdoor athletic recreational facilities in the Village:
         A.   Athletic recreational facilities are only allowed in the rear yard of a lot.
         B.   All elements of the facility shall be set back a minimum of ten (10) feet from all lot lines.
         C.   The facilities shall be for the personal use of the residents of the property or may be for the use of guests or employees of a nonresidential use. The commercial operation of an athletic recreational facility shall be subject to review as a principal use. See Chapter 1105: Zoning Districts and Principal Uses.
         D.   All fencing shall be subject to the fence regulations in Section 1111.03 except that fencing that surrounds a tennis or recreational court may exceed the maximum fence height of this code provided that the fencing is located adjacent to the edge of the court.
         E.   Any lighting for the court shall not exceed twenty (20) feet in height and shall be directed downward and only illuminate the court. All outdoor lighting shall comply with Section 1111.05.
         F.   Adequate provisions, such as screening, buffering, or other such measures, shall be made to mitigate impact upon neighboring properties from noise, errant sports equipment (e.g., foul balls), or other such nuisances.
      (5)   Child Care Centers (Nursery Schools or Day Cares). Nursery schools or day care centers may only be permitted as accessory uses to permitted and conforming nonresidential uses. Such use shall be located within the principal building.
      (6)   Detached Accessory Buildings. The following standards shall apply to all detached accessory buildings permitted in the Village:
         A.   Detached accessory buildings are only allowed in the rear yard of a lot.
          B.   The building shall be set back a minimum of ten (10) feet from all lot lines.
         C.   The provisions of this section shall apply to any accessory building that has a roof with supporting walls or beams. This includes detached garages and carports, detached yard sheds or storage barns, gazebos, play structures that have roofs, pergolas, and other similar buildings, as determined by the Zoning Administrator.
         D.   Detached garages and carports shall be served by a driveway.
         E.   Unless otherwise stated, the maximum height of any detached accessory building shall be fifteen (15) feet.
         F.   No doors (person or vehicle) shall exceed nine feet in height unless the accessory building is in a nonresidential zoning district.
         G.   If the separation of the accessory and main structure is less than ten (10) feet, the accessory structure shall be protected with a fire-resistant material and shall conform to the same yard requirements as the principal building.
         H.   In order to protect property values and encourage neighborhood stability, an accessory structure shall have an exterior which meets the intent of this subsection and which is compatible in appearance, design, siting, architectural character, color and building materials to the principal building on the parcel or lot.
         I.   Any accessory structure covered by an impervious roof or consisting of an impervious or paved surface shall meet the lot coverage requirement of the applicable zoning district. In addition, the maximum permitted area of an accessory building shall be subject to the following.
            i.   For lots that have a lot area of less than 20,000 square feet, no accessory building shall exceed 720 square feet in size.
            ii.   For lots that have a lot area of 20,000 square feet or greater, no accessory building shall exceed 1,200 square feet. Such buildings shall not exceed twenty-five (25) feet in height.
         J.   Where a proposed detached accessory building is a private garage, such garage shall be limited to four parking bays. Larger garages may be approved as a conditional use, subject to Section 1103.08.
         K.   There shall be a maximum of two detached accessory buildings permitted on any lot that require a zoning certificate as established in this chapter. One additional accessory building or structure of under 100 square feet in floor area shall also be permitted on the same lot.
      (7)   Drive-Through Facilities. The following standards shall apply to drive-through facilities permitted in the Village:
         A.   Drive-through facilities are allowed in the front, side, and rear yards of a lot.
         B.   Drive-through facilities shall only be allowed in the CC District as a conditional use or as part of an approved PD District where drive-through facilities are allowed.
         C.   Any electronic device that creates noise (e.g., speakers, vacuum tubes, service order devices, etc.) shall be set back a minimum of 100 feet of any residential dwelling unit.
         D.   All drive-through areas, including but not limited to drive-through signs, waiting lanes, trash receptacles, audio equipment, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.
          E.   All drive through areas shall be set back a minimum of fifty (50) feet from any adjacent lot in a residential zoning district. A solid privacy fence, hedge, or masonry wall of at least six (6) feet in height shall be required between any drive-through window or drive through cabinet or audio equipment and any adjacent lot in a residential zoning district.
         F.   If the drive-through window, drive-through signage, or any audio equipment are located in the front yard, they shall be screened with an opaque, landscaped screen of with a height that will fully screen the window, signage, or audio equipment. Such screening shall not be required for stacking spaces that are located in a front yard.
         G.   Drive-through facilities shall be required to include vehicle stacking spaces and aisles as established in 1115.07, which shall be designed in a manner that will ensure safe and efficient traffic flow, avoid pedestrian conflict, and shall be established on the site in a manner that creates the most efficient traffic flow. Driveway signage is encouraged where it will assist in the creation of a safe and efficient drive-through facility.
      (8)   Farmers Markets. The following standards shall apply to farmers markets permitted in the Village:
         A.   Farmers markets are allowed in the front, side, and rear yards of a lot.
         B.   Farmers markets that are located on vacant lots shall be required to gain site plan review approval prior to the issuance of a zoning certificate.
         C.   Farmers markets shall not operate more than one day of each week on any one lot. Farmers markets may operate only during the months of April through October and only between the hours of 9:00 a.m. and 8:00 p.m.
         D.   The farmers market operator shall be responsible for cleanup of the farmers market site at the end of each day of operation including removal of trash, temporary structures, stands, tents, signage, and banners.
         E.   Sanitary facilities for vendors of the farmers market must be provided by the host property.
         F.   The farmers market shall not be operated or conducted in a way that is a nuisance or disturbance to the occupants of neighboring properties.
         G.   The farmers market operator or their designated representative authorized to direct the operations of all vendors participating in the market shall be on the site of the market during all hours of operation.
         H.   The farmers market and every vendor must comply fully with all applicable federal, state, county and local health codes and be registered with the Ohio Department of Agriculture, Division of Food Safety.
         I.   Adequate parking for the farmers market must be provided. Required on-site parking spaces of the host property may be used for the farmers market provided such arrangement does not render the host property deficient in its parking requirement or that there is no parking demand associated with the use of the host property for the same parking spaces during the hours of the farmers market operation.
      (9)   Home Occupations. The following standards shall apply to home occupations permitted in the Village:
         A.   General Standards.
            i.   Home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by this section.
          ii.   No more than twenty percent (20%) of the heated floor area of the dwelling unit, or 400 square feet, whichever is greater, shall be devoted to such home occupations. Unheated floor area (i.e., three (3) season rooms, screen rooms, attached garage, unfinished basement, etc.) shall not be used for the home occupation unless specifically approved as a conditional use.
            iii.   The home occupation shall be clearly secondary to the full-time use of the property as a residence as it related to floor area, intensity of traffic and number of parked cars, number of deliveries, etc.
            iv.   Type B-family day-care homes are not considered home occupations pursuant to this section and are regulated as a separate accessory use.
            v.   Permitted home occupations shall not create an adverse effect on the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties. The residential building shall not be altered in any manner that is intended to change the residential appearance of the dwelling to a building with a commercial appearance. There shall be no separate entrance created solely for the home occupation unless approved as a conditional use.
            vi.   All home occupation activities shall take place in the dwelling unit. A home occupation may take place in an enclosed accessory structure if approved as a conditional use.
            vii.   The sale of goods or services shall be limited to products that are produced or processed on the premises; or the sale of goods as part of a mail order, online business, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.) where there is no stock-in-trade on the site. No goods or products shall be stored in an accessory structure or outside.
            viii.   No equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances or nuisances upon any neighboring lot.
            ix.   Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
            x.   Only residents of the dwelling and up to one additional employee from outside the dwelling shall operate the home occupation.
            xi.   There shall be no signs other than the wall signs allowed on a dwelling in 1117.02(e). Where a conditional use has been granted for a home occupation with a separate entrance or an enclosed accessory structure, the Planning Commission may, as part of the conditional use process, allow for additional directional signage to such entrance or structure.
            xii.   No additional driveways shall be established for the use of the home occupation. No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses except for type B family day care homes.
            xiii.   Where a home occupation is a permitted use, vehicular traffic shall not be generated by such home occupation in a greater volume than would normally be expected in the residential neighborhood. Where additional traffic is generated, such traffic may be approved as part of a conditional use for such home occupation.
            xiv.   There shall be no window display or outdoor storage or display of equipment, inventory, materials, or supplies associated with the home occupation.
            xv.   When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be revoked by the Zoning Administrator.
          B.   Prohibited Home Occupations. The following are business activities that are prohibited as home occupations:
            i.   Animal hospitals and boarding facilities;
            ii.   Automotive and other vehicle repair and service, except when such repair or service is within an attached garage and the vehicle is owned or leased by the occupant of the dwelling units or when authorized through the conditional use approval as provided for in Section 1103.08;
            iii.   Construction, landscaping, or similar contractor facilities and storage (an office- only use is allowed in compliance with the above section) and other outdoor storage;
            iv.   Fitness/health facilities that provide group activities or services;
            v.   Medical clinics, laboratories, or doctor's offices;
            vi.   Parking on, or dispatching from the site, any vehicle used in conjunction with the home occupation (e.g., landscaping services, taxi services, construction, etc.) with the exception of a vehicle owned and operated by the home owner or tenant;
            vii.   Uses that require explosives or highly combustible or toxic materials;
            viii.   Uses that involve extensive shipping, inventory, or delivery of goods and supplies that are beyond those of a typical residential use;
            ix.   Welding and machine shop operations;
            x.   Wood cutting businesses; or
            xi.   Other similar uses as determined by the Zoning Administrator.
         C.   Home Occupations Permitted without a Zoning Certificate. The following home occupations are examples of those that are permitted without a Zoning Certificate provided they comply with this code:
            i.   Handcrafts as well as arts and craft work including, but not limited to baking, ceramics, soap making, candy or snack making, jewelry making, pottery, artistic painting, photography, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, and sculpting;
            ii.   Office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, realtor, consultant, counselor, insurance agent, planner, tutor, or writer provided no clients meet at the dwelling; and
            iii   Other similar uses as determined by the Zoning Administrator.
         D.   Home Occupations Permitted with a Conditional Permit. The following home occupations are examples of those that may be allowed with a conditional use approval provided they comply with this code:
            i.   Any home occupation that provides services where members of the public visit if designed to accommodate one customer at a time and which meets all other applicable requirements for home occupations including, but not limited to, fitness/health training, beauty parlors, barber shops, animal grooming (no overnight boarding), or licensed massage or physical therapy;
            ii.   Automotive and other vehicle repair and service may be permitted through a conditional use review if such repair or service is within an attached garage and only one vehicle is being repaired at any given time, with no storage of additional vehicles for repair or service in the driveway or on the street;
             iii.   Mail order, online businesses, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.); and
            iv.   Other similar uses as determined by the Zoning Administrator.
      (10)   Outdoor Dining. The following standards shall apply to outdoor dining areas permitted in the Village:
         A.   Outdoor dining areas are allowed in the front, side, and rear yards of a lot.
         B.   Outdoor dining areas shall be located along a sidewalk adjacent to the principal building the dining is connected with or between the principal building the dining is connected with and an adjacent parking area. If the sidewalk is a public sidewalk, the applicant will also be required to receive authorization for outside dining through approval of a right-of-way permit.
         C.   Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the outdoor dining area and the principal building.
         D.   Outdoor dining areas shall not be located within ten (10) feet of a fire hydrant, fire department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.
         E.   If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.
         F.   Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall be prohibited in any outside dining area if amplified. The addition of this activity to an existing use shall require approval through site plan review.
         G.   If the outdoor dining area is located on a sidewalk, the area shall be designed so there is a minimum of five feet of clearance adjacent, or more if required by ADA, to the dining area to allow for safe pedestrian circulation. Furniture or elements of the outdoor dining shall also not block any areas of ingress or egress from the principal building.
         H.   Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.
         I.   Enclosing outdoor dining areas either by a permanent roof, temporary tent or structure, or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a new zoning certificate.
         J.   Where an outdoor dining area is located in a right-of-way, the permittee shall hold harmless, indemnify, and defend the Village of Centerburg from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the granting of a zoning certificate which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees.
      (11)   Outdoor Drop-Off-Boxes. The following standards shall apply to all outdoor drop-off boxes permitted in the Village.
         A.   Outdoor drop-off boxes are allowed in the front, side, and rear yards of a lot.
          B.   No such use or facility shall be placed within the street right-of-way, within an interior drive, within required landscaping, or in a location which will interfere with required intersection visibility requirements of Section 1111.04.
         C.   Outdoor drop-off boxes must be placed in a parking space or in on a paved surface in an area designated for such use or facility where it will not impede vehicular or pedestrian traffic.
         D.   The facility or equipment shall be maintained in good operating order and appearance.
         E.   Drop-off boxes shall only be permitted in the nonresidential zoning districts. They may be permitted in residential districts only when accessory to a permitted nonresidential use.
         F.   Containers that result in the overflow of donated goods shall be declared a nuisance and shall be removed immediately upon notification by the Zoning Administrator at the expense of the property owner or business owner. At the same time, the Zoning Administrator has the authority to revoke the zoning certificate authorizing the outdoor drop-off box in accordance with the provisions of Chapter 1123: Enforcement and Penalties.
         G.   Drop-off boxes shall include the name and contact information of the person who owns or maintains the box.
         H.   The Village shall have the authority to place more than one drop-off box on a single lot when providing recycling services to the general public.
         I.   Drop-off boxes shall be screened in accordance with Section 1113.07.
      (12)   Outdoor Sales and Storage. The following standards shall apply to permanent areas of outdoor sales and storage permitted in the Village:
         A.   Permanent areas for outdoor sales and storage are allowed in the front, side, and rear yards of a lot.
         B.   Any areas that will be used for outdoor sales and storage shall be identified on a site plan.
         C.   Temporary sales and storage are regulated in Section 1109.02.
         D.   Such uses shall not be placed within the street right-of-way, within an interior drive, or in a location which will interfere with the vision clearance requirements.
         E.   Outdoor sales and storage shall be related to the principal use of the site and shall clearly be accessory and incidental to the principal use. Outdoor sales and storage shall be prohibited when the principal building is vacant.
         F.   Outdoor sales and storage areas shall not cover an area more than twenty percent (20%) of the lot area.
         G.   Outdoor sales and storage areas may be permitted in the front yard provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building. If the sidewalk is a public sidewalk, the applicant will also be required to receive authorization for outside dining through approval of a right-of-way permit.
         H.   Outdoor sales and storage areas may also be permitted in the side or rear yard without being located adjacent to the building. In all cases, the displays and sales areas shall be spaced a sufficient distance from the building, as dictated by the Fire Department, to satisfy all fire safety requirements.
          I.   The placement of the merchandise, signage, or other operations (such as queuing, loading, etc.) shall not interfere with vehicular movement or pedestrian movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walkway, or more if required by ADA, shall be clear of merchandise to allow for safe pedestrian movement.
         J.   All materials shall be stored in such a fashion as to be accessible to fire- fighting equipment at all times.
         K.   The outdoor sales and storage areas shall be maintained in good order and appearance.
      (13)   Retail Commercial Uses. The following standards shall apply to retail commercial uses accessory to other, non- retail uses, permitted in the Village:
         A.   Such retail uses are only permitted when located completely within a principal building of a nonresidential use;
         B.   Retail commercial uses are permitted as an accessory use only in the P-I and ID Districts.
         C.   Such uses shall only be permitted if the Zoning Administrator makes a determination that such uses are incidental to the principal use. The Zoning Administrator shall have the authority to require the applicant to submit for a conditional use approval if they find that the use is more extensive than an incidental use in relation to the principal use.
         D.   Such uses are an accessory use to an approved principal use;
         E.   The total floor area of accessory uses shall not exceed ten percent (10%) of the total gross floor area of the principal building.
         F.   In the ID District, retail commercial uses shall be limited primarily to the retail sale of goods manufactured on-site, and goods affiliated therewith.
      (14)   Roadside Stands. The following standards shall apply to all roadside stands permitted in the Village:
         A.   Roadside stands are allowed in the front, side, and rear yards of a lot.
         B.   Roadside stands may be permitted in the ER District on lots where the produce is grown.
         C.   All merchandise, trucks, trailers, etc. shall be set back a minimum of thirty-five (35) feet from all property lines or the minimum required setback for that district for a principally permitted use, whichever is greater.
         D.   The area of operation shall not exceed 800 square feet and no dimension shall exceed forty (40) linear feet.
      (15)   Patios, Porches, and Decks. The following standards shall apply to all patios, porches, and decks permitted in the Village:
         A.   Patios without a roof, building, or structure are permitted in any front, side, or rear yard. Where a building or structure is placed on a patio, such building or structure may only be located in the yards where an accessory building or detached accessory structure are permitted.
         B.   Porches and decks are permitted in any front, side, or rear yard. When located in the front yard, the porches and decks shall be attached to the front facade of the principal building.
         C.   Patios shall be set back a minimum of four feet from all lot lines.
          D.   Porches and decks shall be set back a minimum of twenty(20) feet from all lines provided the height of the floor of any of such structures is thirty (30) inches in height or less. All others shall comply with the principal building setbacks for the applicable district.
         E.   Patios, decks, and porches may have built-in grills, kitchen areas, living areas, or dining areas (e.g., table, chairs, umbrellas, etc.) but such activities shall only be permitted in the rear yard only and provided such use complies with any applicable building code requirements.
         F.   Patios, decks, and porches may have seating areas in any yard the patio, deck, or porch is permitted and located.
         G.   Rooftop decks in nonresidential districts shall be regulated as part of the principal building.
      (16)   Satellite Dishes. The following standards shall apply to all satellite dishes permitted in the Village of Centerburg:
         A.   Satellite dishes of one meter in diameter or less shall be exempt from the provisions of this section and shall not require a zoning certificate.
         B.   The dish should be located in the side or rear yard unless reception is not available in those yards.
         C.   Mounting brackets shall be removed whenever a satellite dish is removed.
         D.   Satellite dishes larger than one meter in diameter may be permitted if approved by the Planning Commission as a conditional use that is accessory to a permitted nonresidential use. Such larger satellite dishes shall be set back a minimum of ten (10) feet from all lot lines.
      (17)   Solar Panels. The following standards shall apply to all types of solar panels permitted in the Village:
         A.   Freestanding solar panels are prohibited.
         B.   Roof-mounted solar panels shall be flush-mounted to the roof.
         C.   Roof-mounted solar panels shall require a zoning certificate or may be reviewed as part of the zoning certificate for the principal building if constructed at the same time.
      (18)   Swimming Pools. The following standards shall apply to all types of swimming pools permitted in the Village:
         A.   Swimming pools, spas, and hot tubs are only permitted in the rear yard of a lot.
         B.   A spa or hot tub with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
         C.   Public swimming pools, as defined by the Ohio Revised Code, shall be subject to the standards of this section unless there is a conflict, in which case, the Ohio Revised Code shall control.
         D.   Every swimming pool shall be provided with a filtration system approved by the Board of Health.
         E.   The top edge of a swimming pool shall not exceed fifty-four (54) inches in height, above ground. Lights, diving boards, slides or other accessories shall not project more than ten feet above the average grade of the pool site.
         F.   Private swimming pools are those pools used solely by the residents and guests of the principal use.
          G.   The swimming pool, including any concrete sides or decks, shall be set back a minimum of ten (10) feet from all lot lines, as measured from the edge of the water. All pump and filtering equipment shall be set back a minimum of ten (10) feet from all lot lines.
         H.   The area of a swimming pool exclusive of decks, walks and other appurtenances shall not exceed ten percent (10%) of the area of the lot or parcel on which the pool is located. The area of a swimming pool is not counted in the calculation of total lot coverage contained in each zoning district.
         I.   Any outdoor swimming pool, as defined in this subsection, shall be surrounded by a fence pr barrier that complies with the International Property Maintenance Code, as adopted by the Village. Additionally:
            i.   Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access.
            ii.   The required barrier must be installed prior to filling the pool with water.
         J.   All swimming pools shall be provided with drainage into a public storm sewer or natural watercourse of sufficient size and grade to provide for the drainage of the pool. A pool shall be drained in whole or in part with a drainage flow which exceeds the capacity of the storm sewer or natural watercourse.
         K.   The chlorine level in pool water shall be reduced prior to release into a public storm sewer or natural watercourse to a concentration no greater than one (1) part per million or less such that the pool water shall not cause harm to the receiving waters.
         L.   All lights used for the illumination of the swimming pool and the swimming pool area shall be designed, located and installed to confine the direct beams thereof to the lot or parcel on which the pool is located.
      (19)   Type B Family Day Care Home (1-6 Children). The following standards shall apply to type B family day care homes permitted in the Village:
         A.   Type B family day care homes are permitted when accessory to any residential dwelling unit.
         B.   Type B family day care homes shall have at least two off-street parking spaces.
            (Ord. 2023-16. Passed 6-5-23.)

1109.02 TEMPORARY USE REGULATIONS.

   (a)   Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
   (b)   General Standards for Temporary Uses and Structures. Temporary uses or structures shall:
      (1)   Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
      (2)   Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
      (3)   Not include permanent alterations to the site;
      (4)   Not violate the applicable conditions of approval that apply to a site or use on the site;
       (5)   Not interfere with the normal operations of any permanent use located on the property; and
      (6)   Contain sufficient land area to allow the temporary use or structure to occur, as well as adequate land to accommodate the parking and traffic movement.
   (c)   Permitted Temporary Uses and Structures.
      (1)   Construction Structures. Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary and approved as a conditional use. Such temporary structures for construction shall comply with the following:
         A.   The use of such structures shall be limited to offices, buildings for the storage of lumber, equipment, and other building material, as well as construction dumpsters.
         B.   Such construction structures shall be located on pavement or in a landscaped setting approved by the Planning Commission except that all construction dumpsters shall be located only a paved surface.
         C.   A temporary structure for a construction office may be placed on the site no sooner than two (2) weeks before the start of grading or construction and shall be permitted for a period of one year after issuance of the zoning certificate unless an alternative time limit is approved by the Planning Commission based on the scale of the project.
         D.   The structure shall not be located within a floodplain or in a location that will obstruct drainage flow.
         E.   The structure shall not block or prevent access to any fire hydrant.
         F.   All temporary structures for construction operations shall be removed within fourteen (14) days after the completion of work on the premises for which an occupancy permit has been issued or if construction is not pursued diligently. For residential subdivisions, the temporary construction structures shall be removed after the zoning certificate has been issued for the final dwelling.
         G.   Such construction structures shall be permitted in all districts, however, only construction dumpsters are permitted on individual lots with residential dwellings, in residential zoning districts. For such uses, the placement of a temporary construction dumpster shall be limited to thirty (30) consecutive days in any single calendar year.
      (2)   Portable Storage Units.
         A.   Portable storage units may be permitted in any zoning district as follows:
            i.   Such units may be used on construction sites, as construction structures, in accordance with Section 1109.02(c)(1).
            ii.   When the occupant of a property is relocating or renovating, a portable storage unit shall be located on a paved surface, on a private property for a period not to exceed thirty (30) consecutive days or fourteen (14) total days in any six-month period.
            iii.   The placement of any portable storage unit shall be in such a manner as not to create a public nuisance.
            iv.   For seasonal storage of goods or equipment, such as winter snow removal equipment or seasonal retail inventory, during such season.
         B.   A zoning certificate shall not be required for the placement of any portable storage unit.
         C.   Portable storage units shall not be used to store hazardous or explosive materials.
         D.   Portable storage units shall not be occupied or use for any housing use.
         E.   Electric cords or power lines shall not be extended to any portable storage unit.
       (3)   Temporary Sales Office and Model Homes. A temporary sales office/model home may only be located in a subdivision or multi-family residential development, its location shall be indicated on the subdivision plats or site plans, as applicable, and approved by the Planning Commission. The following provisions shall be met:
         A.   Up to two temporary real estate sales office or model dwelling unit shall be permitted in a section or phase of a new residential subdivision or in any one multi-family residential development.
         B.   The dwelling shall comply with all of the applicable standards of this code for the final residential use regardless of the temporary use as a sales or leasing office;
         C.   The sales office/model homes shall be operated by a applicant, builder, or sales agent active in the same phase or section where the use is located.
         D.   The sales office/model home shall be converted into a permanent residential use upon completion of construction and issuance of the permit for the last dwelling or for a period of time approved by the Planning Commission for multi-family residential developments.
      (4)   Temporary Outdoor Sales and Events. These regulations are intended to establish standards for limited duration agricultural, commercial, and civic activities (e.g., Christmas sales, pumpkin sales, landscape material sales, craft sales, grand openings and special events, etc.) that may be conducted outdoors, regardless if the activity is associated with the principal use or not. The intent is to prevent the creation of any nuisance or annoyance to the occupants of adjacent buildings, properties, and the general public.
         A.   A zoning certificate and submission of an applicable fee shall be required for all outdoor sales and events.
         B.   The zoning certificate must be issued prior to the commencement of any temporary use where the certificate is required.
         C.   Temporary outdoor sales and events may be subject to additional permits or inspections as required by any applicable law or regulation.
         D.   The following uses are permitted temporary outdoor sales and events, subject to the requirements of this section:
            i.   Retail sales of seasonal or holiday items (e.g., Christmas trees and pumpkins,);
            ii.   Parking lot sales, sidewalk sales (private sidewalks only), clearance sales or other temporary uses which, in the opinion of the Zoning Administrator, are similar to uses listed in this section;
            iii.   Grand opening and special events;
            iv.   Stands for the seasonal sale of refreshments; and
            v.   Other temporary uses which, in the opinion of the Zoning Administrator, are similar to the uses listed in this section.
            vi.   Temporary outdoor sales and events shall be limited to no more than forty-five (45) days per calendar year.
         E.   The Zoning Administrator may impose such conditions on a temporary zoning certificate as is necessary to meet the purposes of this section and protect the public health, safety, and welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:
            i.   Yard setback and open space requirements;
            ii.   Parking;
             iii.   Fences, landscaping walls or other screening;
            iv.   Signs;
            v.   Vehicular and pedestrian ingress and egress;
            vi.   Property maintenance during the course of the activity;
            vii.   Control of illumination, noise, odor, vibration or other nuisances; and
            viii.   Hours of operations.
         F.   All sites shall be completely cleaned of debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith, within five days after the termination of the temporary use.
         G.   No area of public right-of-way may be used without obtaining approval from the Village Administrator.
         H.   All temporary structures including, but not limited to: greenhouses, trailers, tents, canopies, mobile homes, etc., shall conform to zoning setback requirements unless stated otherwise in this section.
            (Ord. 2023-16. Passed 6-5-23.)