(a)   These use specific standards do not apply to above ground liquid hydrocarbon storage tanks in business districts or to storage tanks for operating gas or oil wells.

         (b)   Above ground liquid hydrocarbon storage tanks are not permitted in the riparian setback as defined in § 152.191.

         (c)   Above ground liquid hydrocarbon storage tanks are not permitted on steep slopes as defined in § 152.226.

         (d)   If the above ground liquid hydrocarbon storage tank is visible to neighbors or the public street right-of-way, it must be perpetually screened. The screening shall include a continuous planting, hedge, fence or similar feature that will enclose the above ground liquid hydrocarbon storage tank on all sides visible to neighbors or the public street right-of-way. Screening established with plant materials shall provide 75% opacity within two years of planting. All other types of screening shall completely screen the above ground liquid hydrocarbon storage tank. The minimum height of the screening material shall be one foot more than the height of the tank.

         (e)   No more than one above ground liquid hydrocarbon storage tank shall be permitted and it shall not exceed 500 gallons except that a tank used to store home heating fuel may exceed 500 gallons.

         (f)   The above ground liquid hydrocarbon storage tank shall be set back a minimum of 60 feet from all lot lines.

         (g)   The above ground liquid hydrocarbon storage tank must be installed, maintained and operated in accordance with manufacturer’s specifications. The installation, operation and maintenance of the tank shall comply with all federal, state and local laws, rules and regulations.

         (h)   The above ground liquid hydrocarbon storage tank shall display a large clearly visible label identifying the liquid contained in the tank.

         (a)   All structures and activity areas shall be set back a minimum of 100 feet from all lot lines and street rights-of-way.

         (b)   The use may be constructed within an existing dwelling unit (interior apartment) or as a separate or converted accessory structure (e.g., converted garage, carriage house or stable).

         (c)   Only one accessory dwelling unit may be permitted on any single lot.

         (d)   The floor area for the accessory dwellings shall be limited in size to a maximum of 750 square feet or 25% of the square footage of the principal dwelling, whichever is greater. In no case shall the accessory dwelling be more than 75% of the square footage of the principal dwelling.

         (e)   Interior apartments may be contained within the existing house or attached onto the exterior. However, they are to be constructed so that the exterior appearance of a single-family home is maintained. A second front door is not permitted. Any additions to the existing living quarters must comply with all the dimensional requirements of the applicable zoning district.

         (a)   The structure shall be set back a minimum of 200 feet from the front lot line and 50 feet from all other lot lines.

         (b)   Up to one basketball hoop is permitted on every lot, without a zoning certificate. The placement of two or more basketball hoops on a single lot, regardless if they are temporary or permanent, shall require a zoning certificate.

         (c)   Any fencing related to accessory recreational structures shall be subject to § 152.225.

         (d)   All lighting used to illuminate such recreational facilities shall not be located in a required yard setback and shall not directly shine on adjacent properties.

         (a)   All vehicular entrances or exits shall be set back a minimum of 200 feet from the intersection of any streets under county or state authority.

         (b)   The ATM shall be subject to the vehicle stacking requirements of § 152.280.

         (c)   The ATM shall be connected to the principal building either as part of an attached canopy affixed to the principal building or as an integral part of the principal building.

         (a)   This chapter shall not apply to cisterns or rain barrels that are underground or not visible from any public right-of-way.

         (b)   For cisterns and rain barrels that are above ground and/or visible from a public right-of-way, such equipment shall be subject to the setback requirements of this chapter and the applicable zoning district, however, cisterns and rain barrels are exempt from any setback requirements from the principal building as may be established in this section on accessory uses.

         (a)   Community gardens may be allowed as an accessory use when associated with public or institutional principal use (e.g., religious institution or educational facility).

         (b)   Community gardens may be located in an open space area if the space is maintained by a homeowners’ association.

         (c)   The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.

         (d)   The name and telephone number of the owner and any person designated as the person in charge of garden coordination along with a copy of the operating rules shall be kept on file with the Office Administrator at Village Hall.

         (e)   The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

         (f)   There shall be no retail sales on site, except for produce grown on the site.

         (g)   Benches, bike racks, raised/ accessible planting beds, picnic tables, seasonal farm stands, garden art and rain barrel systems may be permitted if the community garden is located on a lot where the principal use of the lot is public, institutional or commercial.

         (h)   Fences and walls shall be subject to the provisions of § 152.225.

         (a)   The principal building to which the drive-through use is accessory should be located at or near street setback lines. Any building with a drive-through use shall have a prominent pedestrian entrance facing the principal street upon which it has frontage.

         (b)   Drive-through facilities should be located on a roadway where it is least disruptive to pedestrian and vehicular traffic. If an access drive is located on a local roadway, it should be sited so as to minimize negative impacts on adjacent residential uses.

         (c)   Drive-through facilities shall be subject to the vehicle stacking requirements of § 152.280.

         (d)   Audible electronic devices such as loudspeakers, automobile service order devices and similar instruments shall be set back a minimum of 300 feet from any residential dwelling unit and shall be subject to all applicable noise ordinances. Any proposed loudspeaker system shall be approved as part of the site plan.

         (e)   No service shall be rendered, deliveries made or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or rear of the principal structure.

         (f)   All drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, 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.

         (g)   A fence or screen between four and six feet in height shall be constructed along any lot line abutting a residential district.

         (h)   Menu board signs:

            1.   One menu board sign for each stacking lane shall be allowed; provided it does not exceed 35 square feet in sign area. Any additional attachments such as pictures or photographs of food and other items shall be included within the maximum signage area;

            2.   Menu board signage shall not be included in the total calculated allowed signage for a property under §§ 152.295 through 152.306;

            3.   No menu board sign shall exceed seven feet in height measured from the grade of the adjacent driving surface to the top of the sign; and

            4.   All menu board signs shall be externally illuminated.

         (i)   Drive-through uses shall be configured and screened such that glare from the headlights of vehicles waiting in the stacking line is obstructed from shining into a public right-of-way or neighboring residential use.

         (a)   The drop-off box shall be screened on a minimum of three sides to a height that fully screens the use unless otherwise required in this Zoning Code.

         (b)   Screening shall be accomplished by the use of hedges, wall or decorative fence that provides full opacity screening.

         (a)   A farm market shall only be permitted where 50% or more of the gross income received from the farm market is derived from produce raised on farms owned or operated by the market operator in a normal crop year.

         (b)   The farm market shall be located on the same property where the produce is raised.

         (c)   The structure shall not exceed 800 square feet.

         (d)   The structure and sign shall be set back a minimum of 30 feet from all side and rear lot lines.

         (e)   The structure, signs and required off-street parking shall be located and set back in such a manner as to not create a traffic hazard as determined by the Zoning Inspector.

         (f)   Any signage located on the site shall not be illuminated and shall be subject, where applicable, to the standards of §§ 152.295 through 152.306.

         (a)   Such use shall be conducted entirely within the dwelling unit and no use of any accessory building or yard space shall be permitted. Accessory buildings shall not be used as space for home occupations.

         (b)   Home occupations shall not change the character of the residential use and shall not adversely affect the uses permitted in the residential district of which they are a part.

         (c)   The nature of home occupation as an accessory use relative to its location and conduct of activity is such that the average neighbor, under normal circumstances, would not be aware of its existence.

         (d)   Such use shall be conducted only by persons residing in the dwelling unit and one additional person who does not reside at the home where the occupation takes place.

         (e)   There shall be no display or stock in trade or commodities sold except those that are produced on the premises.

         (f)   The use shall not involve the use of more than one-third of the floor area of only one story.

         (g)   Any signage related to the home occupation shall not exceed one square foot to be mounted at a location approved by Zoning Inspector. At the Zoning Inspectors request, all signage related to home occupation shall be referred to the Planning Commission for approval.

         (h)   Home occupations which provide a service shall not have more than two customers (including those arriving and waiting for service) at any one time.

         (i)   The storage of all equipment, machinery, supplies, materials, files and the like, shall be stored completely within the residence (excluding the garage or accessory buildings).

         (a)   The regulations of this section are established to permit the keeping of bees in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.

         (b)   In order to have beekeeping privileges within the village, all beekeepers are required to maintain and register their hives as set forth in R.C. Chapter 909.

         (c)   All beekeepers are required to register with the village setting forth the location of their hives and number of colonies of bees.

         (d)   Any lot used for beekeeping must have a minimum size of 10,000 square feet. There shall be no more than two hives established on any lot used for beekeeping, except two additional temporary hives are allowed for hive separation or new swarm establishment purposes. Such temporary hives shall be removed from the property within two weeks.

         (e)   Hives shall be placed in the rear yard of the property and in no case shall the hives be closer than 30 feet from a public or private street, sidewalk or roadway. In no case shall the hives be closer than 25 feet to an abutting property line.

         (f)   The front or entrance of a beehive shall not directly face residences or adjoining property owners.

         (g)   A fresh water source shall be maintained within ten feet of each hive a supply of water with a backflow prevention device which shall be equipped with a float valve or similar device which assures an adequate accessible and usable supply of water for the bees.

         (h)   The owner of the hive(s) must be a resident in a dwelling located on the same lot on which the hive(s) are registered. Hives are only permitted on lots with single-family residential units located on them.

         (i)   The maintenance of each colony shall meet the following conditions:

            1.   Colonies shall be maintained in readily movable frame hives.

            2.   Each hive must conspicuously display the apiary identification number assigned pursuant to R.C. Chapter 909 on no less than the base and the box. The identification number shall be on a side that is visible without moving or lifting of said hive.

            3.   Adequate space shall be maintained in the hive to prevent overcrowding and swarming.

            4.   Colonies shall be re-queened following any swarming or aggressive behavior or seized and destroyed without remuneration.

         (j)   A certificate or permit providing the privilege to keep bees within the village shall be provided by the village to a beekeeper once it is established that the necessary requirements outlined in this chapter are satisfied.

         (k)   1.   Beekeeping privileges may be revoked from any property by written notification to the property owner by the village. Revocation must be done with cause, however, the cause need not to be the fault of the beekeeper, nor be a factor that is under the control of the beekeeper. The village may revoke beekeeping privileges for any condition or combination of circumstances that jeopardizes, endangers or otherwise constitutes an actual, potential or perceived menace to public health or safety. Once beekeeping privileges have been revoked on a particular property, such privilege may be reestablished only upon written request. Additionally, a permit or certificate may be revoked by the village due to a failure to satisfy any of the requirements of this chapter.

            2.   A perceived menace to public health may also include, but is not limited to:

               a.   Written documentation over a medical doctor’s signature certifying that the medical condition caused by beestings to a resident of an abutting property would constitute a higher than normal health hazard will constitute sufficient cause to withdraw beekeeping privileges from any specific property; and

               b.   Abnormally aggressive behavior by bees defending their hive beyond the property lines may constitute sufficient cause to withdraw beekeeping privileges from any specific property.

         (l)   The village may revoke a beekeeper’s privilege to maintain hives within the village by revoking the beekeeper’s permit or certificate if in violation of this section. If such revocation occurs, the permit holder shall have the right to appeal such decision to the BZA to determine whether cause exists for revoking the beekeeping privileges, which appeal shall be filed within 30 days of such revocation.

         (m)   The Board of Zoning Appeals may vary the regulations of this section as they apply to a particular property if it determines that such variance will be consistent with the stated purpose of this section.

         (a)   The number of chickens per household shall be limited to the following:

            1.   Under one-quarter acre: zero chickens;

            2.   One-quarter acre to one acre: three chickens;

            3.   One acre to three acres: 20 chickens; or

            4.   Three acres or more: up to a reasonable amount of chickens given the totality of the circumstances.

         (b)   The keeping of roosters is prohibited in all lots less than five acres.

         (c)   The keeping of chickens shall only be for the personal use of the property owner or lessee thereof and his or her respective family, without the payment of any fee.

         (d)   The chicken coop shall be considered an accessory structure and the chicken coop and all associated structures (i.e. enclosure, hutch, pen and run) shall be located in the rear yard. All coops and associated structures related with the keeping of chickens on lots shall be set back a minimum of 50 feet from side and rear property lines. No coop and associated structures shall exceed the height of the principal building.

         (e)   All coops and associated structures shall be screened from neighboring properties and the road rights-of-way by either landscaping or fencing that conforms to § 152.225.

         (f)   The chickens shall be properly housed in structures that are maintained in safe and sanitary conditions.

         (g)   The chicken run shall be graveled or shall be moved to different locations on the property periodically not less than once per month.

         (h)   Chicken manure and other refuse shall be removed from the coop and associated structures and shall be properly and lawfully disposed or composted no less than once per week.

         (j)   All coops and associated structures shall be maintained in an orderly fashion. In no instance shall the keeping of chickens be allowed to become a nuisance or present a health concern.

         (k)   If the keeping of chickens and the associated structures or activities are deemed to be a nuisance, the responsible party shall be subject to §§ 152.340 through 152.345.

         (a)   Domestic animals shall not be harbored on any lands in the R-3 and B-1 Districts.

         (b)   Domestic animals shall not be kept on any lot with an area less than two acres.

         (c)   There shall be a maximum of two domestic animals permitted on any lot with two acres of lot area. One additional domestic animal may be permitted for each additional one-half acre of land over two acres.

         (d)   There shall be a maximum of two goats permitted on any lot with one acre of lot area. One additional goat may be permitted for each additional one-half acre of land over the one acre.

         (e)   The keeping of domestic animals shall only be for the personal use and enjoyment of the property owner or lessee thereof and his or her respective family, without the payment of any fee.

         (f)   Riding academies and the keeping, training and otherwise harboring of domestic animals for a fee, shall be permitted in business zoning districts only.

         (g)   The animals shall be properly housed in structures that are maintained in sanitary conditions.

         (h)   The keeping of exotic animals is prohibited.

         (i)   At a minimum, all permitted animals shall be confined within the building setback lines of the premises. Fences and other similar structures shall conform to § 152.225.

         (j)   Keeping of pigs, hogs or mink, whether harbored for agricultural or any other purpose, is prohibited except when the building, yards and all other confinements for said animals are set back a minimum of 300 feet from any building used for human habitation or occupancy, other than the residence of the owner, manager or caretaker of these animals, and at least 100 feet from all lot lines, reservoirs, public ways, streets or roads. Keeping of horses, fowl and other animals, except pigs, hogs and mink, whether harbored for agricultural or any other purpose, is permitted only when the building, yards and all other confinements for said animals are set back a minimum of 100 feet from any building used for human habitation or occupancy, other than the residence of the owner, manager or caretaker of these animals.

         (l)   In no instance shall the keeping of any animal be allowed to become a nuisance or present a health concern.

         (m)   All buildings and structures, except fencing, associated with an agricultural use on lots larger than one acre in area but smaller than five acres shall be set back a minimum of 100 feet from any residential dwelling unit and 50 feet from all lot lines. No building shall exceed the height of the principal building.

         (a)   Outdoor dining areas shall be located along a sidewalk adjacent to the principal building or between the principal building and parking areas. Outdoor cafés and food service 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 café/food service areas and the principal building.

         (b)   Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions. No signage shall be permitted on the umbrellas.

         (c)   Enclosing outdoor dining areas either by a permanent roof 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.

         (d)   Any roof designed to cover patrons, including roofs over areas for waiting, smoking and the like shall be structurally attached to the principal building and permanent in nature.

         (a)   Porches or decks that are enclosed (with screening or other materials), have a roof, that are physically attached to the principal structure or that extend more than three feet above the average grade shall meet the setback requirements for principal buildings in the applicable zoning district. See § 152.088(B).

         (b)   All other porches may extend into required setbacks in accordance with § 152.088(A)(3)(a).

         (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. To the maximum extent possible, the dish should be located in the side or rear yard.

         (b)   Portable satellite dishes are prohibited in the village.

         (c)   Any satellite dish that is larger than one meter in diameter shall be subject to the following standards.

            1.   The dish shall only be permitted in the rear yard and shall be set back 15 feet from the principal dwelling and ten feet from all lot lines.

            2.   The maximum diameter of any dish shall be ten feet in a residential zoning district and 12 feet in all other zoning districts.

            3.   The dish shall not exceed 15 feet in height as measured from the natural grade level.

            4.   Fencing or landscaping shall be installed around the dish or the subject property so as to fully screen the dish from view from adjacent properties or street rights-of-way.

         (a)   The principal building shall have been originally designed as a single-family dwelling;

         (b)   One off-street parking space shall be provided for each bedroom/sleeping area used for guest lodging;

         (c)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the short-term rental that will indicate from the exterior that the building is being utilized in part for any purpose other than a dwelling unit. A short-term rental shall be subject to the same general sign standards as all other signs in residential districts as established in §§ 152.295 through 152.306;

         (d)   Guests shall be permitted to reside at the facility for not longer than two continuous weeks; and

         (e)   The owner of any property used as a short-term rental shall comply with all other provisions of this code of ordinances as they relate to short-term rentals.

         (a)   Systems that are five megawatts or larger in capacity are regulated by the State Public Utilities Commission.

         (b)   Horizontal axis wind turbines (HAWT), vertical axis wind turbines (VAWT) and blade tip power system turbines (BTPS) are permitted as part of these regulations.

         (c)   Small wind energy conversion systems shall not exceed 55 dbA, measured five feet above ground level at the closest lot line. The sound level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms with sustained winds of 58 mph or 50 knots.

         (d)   All small wind energy conversion systems shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the small wind energy conversion system.

         (e)   No small wind energy conversion system shall be installed until evidence has been given that the electrical utility company has been informed of, and approved the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

         (f)   Tower colors shall be white, off-white, gray or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.

         (g)   Small wind energy conversion systems shall not be artificially lighted, except as required by the FAA.

         (h)   Small wind energy conversion systems shall not be climbable up to 15 feet above the ground surface.

         (i)   The applicant or owner shall be responsible for acquiring all necessary approvals from other applicable agencies, including, but not limited to, the FAA.

         (j)   Any small wind energy conversion system that is not operated on a functional basis for a period of six consecutive months shall be deemed abandoned. The Zoning Inspector may order the repair or removal of said small wind energy conversion system, in accordance with these provisions. The applicant, owner or other person responsible for the facility shall repair or remove the same within 60 days of receipt of notification by certified mail. If said facility is not either operational or removed after 60 days, the village may remove the system at the owner’s expense.

         (k)   The following standards apply to all HAWT and VAWT systems:

            1.   The installation of a HAWT or VAWT system shall require approval as a conditional use;

            2.   Only one HAWT or VAWT system shall be permitted on a lot with a minimum area of 100 acres;

            3.   The maximum tower height shall be 150 feet;

            4.   No portion of a turbine, including the rotor blades, shall be located within 20 feet of the ground except that the generator for a VAWT may be located on the ground at the base of the system;

            5.   No portion of a turbine may extend over parking areas, driveways or sidewalks;

            6.   The maximum rotor diameter shall be 43 feet for HAWTs;

            7.   The maximum rotor blade length for VAWTs shall be 20 feet less than the height of the tower in order to provide for 20 feet of turbine clearance; and

            8.   All portions of the small wind energy system shall be set back a minimum of 150 feet from all lot lines. Guy wire anchors and ground mounted conversion equipment shall be set back a minimum of 50 feet from all lot lines.

         (l)   The following standards apply to all BTPS systems:

            1.   The installation of a BTPS system shall require approval as a conditional use;

            2.   The minimum lot area shall be one acre;

            3.   Any post or pole that the BTPS system is attached to must be affixed to the principal building;

            4.   The tip of the rotor blades shall not extend more than ten feet above the highest point of existing roofline;

            5.   No portion of a turbine, including the rotor blades, shall be located within 20 feet of the ground if ground mounted. There are no clearance requirements for roof-mounted systems;

            6.   No portion of a turbine may extend over parking areas, driveways or sidewalks;

            7.   The maximum rotor diameter shall be six feet; and

            8.   All portions of a ground mounted BTPS system shall be set back a minimum of 50 feet from all lot lines.

         (a)   Freestanding solar panels shall require approval as a conditional use and shall be limited to a maximum height of ten feet. Such freestanding solar panels shall be located in the rear yard where they shall be set back a minimum of 20 feet from the principal dwelling and 20 feet from all lot lines.

         (b)   Roof-mounted solar panels on the front side of a roof facing a street shall be flush-mounted to the roof.

         (c)   Roof-mounted solar panels that do not face a street may be mounted flush or at an angle to the roof but shall not exceed 36 inches in height from the roof plane as measured from the roof plane to the furthest point of the solar panel.

         (a)   Any public or private in-ground or above ground swimming pool, wading pool or other pool containing over one and one-half feet of water depth shall be considered an accessory structure subject to these regulations.

         (b)   For private swimming pools in any residential district, the pool shall be set back a minimum of 20 feet from all lot lines and the principal dwelling.

         (c)   Every pool subject to these provisions shall be completely surrounded by a fence or wall with a minimum height of four feet. Such fence shall be constructed so as to have no openings, holes or gaps larger than four inches in any dimension, except for doors or gates, which shall be equipped with suitable locking devices to prevent unauthorized intrusion. An accessory building may be used in or as part of the enclosure.

         (d)   Above ground pools with vertical surfaces of at least four feet in height shall not be required to have fences and gates except in areas where access may be gained to the pool.

         (e)   The only pools that are permitted as accessory uses in a business zoning district or shall be those that are accessory to an existing residential dwelling or accessory to a permitted hotel or motel. Any other pools shall be located inside the principal dwelling.

         (f)   The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the county codes.

         (g)   For the purpose of these regulations, ponds that are used primarily for agricultural or domestic water supply, decoration, wildlife preservation or fishing shall not be considered as structures or swimming pools.

(Prior Code, § 1137.01) (Ord. O-18-20, passed 11-20-2018; Ord. O-23-10, passed 4-18-2023) Penalty, see § 152.999