Editor's note— Ord. No. 2024-59, § 1, adopted July 16, 2024, repealed § 1153.01, which pertained to fencing and screening and derived from Ord. 2003-81, adopted Oct. 21, 2003. See ch. 1151.

The conversion of any building to a dwelling unit, or the conversion of any building to accommodate an increased number of dwelling units or families shall be permitted:

(a)

Only within the district in which the new use is permitted according to the zoning code;

(b)

Provided that the yard dimensions still meet the yard dimensions required by the zoning code for new structures in the districts;

(c)

Provided that the lot area per family equals the lot area requirements for new structures in the district;

(d)

Provided that the floor area per dwelling unit is not reduced to less than that which is required for new construction; and

(e)

Provided that the off-street parking requirements for new construction are met or exceeded.

(Ord. 1985-40, passed 8-6-85)

Editor's note— Ord. No. 2024-59, § 2, adopted July 16, 2024, repealed § 1153.03, which pertained to accessory buildings or structures and derived from Ord. 1985-40, adopted Aug. 6, 1985; and Ord. 1990-44, adopted May 15, 1990. See ch. 1152.

No private swimming pool, except for a portable swimming pool as defined in section 1127.02(123), shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements.

(a)

The pool is used solely for the enjoyment of the owner or occupants of the property on which it is located;

(b)

It may not be located in the front yard area, nor closer than ten feet from the rear or side lot line;

(c)

The swimming pool or the entire yard in which the swimming pool is located shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall be 72 inches in height and maintained in good condition with a gate or lock. Rails are not permitted in place of a wall or fence;

(d)

The wall or fence shall be in place within 24 hours after the pool has been filled with water;

(e)

When an above ground pool structure is used as a barrier, an additional two feet of fencing shall be placed on top of and around the entire above ground pool structure. Ladders or steps used to access the above ground pool shall be capable of being secured, locked or removed to prevent access;

(f)

Portable pools are permitted on side yards and rear yards only. All portable pools shall be entirely enclosed with a fence having a height of 48 inches. No zoning certificate required;

(g)

Spas or hot tubs complying with ASTM f-1346-91 standard performance specifications for safety covers and labeling requirements for spas and hot tubs shall be exempt from the requirements of section 1153.04; and

(h)

Prior to construction or erection of a private swimming pool, a zoning certificate must be obtained.

(Ord. 2003-83, passed 10-21-03)

(a)

Agricultural livestock, except as provided in subsection (b) hereof, shall not be permitted in any zoning district.

(b)

In any residential district, not more than one saddle horse may be kept for each five acres in area upon which the same are kept. No saddle horse shall be kept within a distance of 200 feet from any dwelling other than upon the lot where the same is kept.

(c)

Any lot, building, structure, enclosure or premises wherein four or more dogs or four or more cats four months of age or older are maintained shall be construed to be a kennel and shall not be permitted in any residential district.

(Ord. 1985-40, passed 8-6-85)

(a)

There may be projections into required yard areas as follows:

(1)

Architectural features such as canopies, cornices, eaves and other similar features may project not more than four feet.

(2)

Outside stairs and landings may project a distance of not more than six feet.

(3)

Fire escapes may project not more than four and one-half feet.

(4)

Bay windows, balconies or chimneys may project into a front, side or rear yard a distance not exceeding three feet, provided that the aggregate width of such projections shall not exceed one-third of the length of the wall upon which it is located.

(b)

Porches, carports and covered patios shall be considered parts of the building to which they are attached and shall not project into the required yards.

(c)

On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified for the district in which they are located. Also for corner lots, the yards not fronting on a street shall be considered side yards and shall meet or exceed the side yard requirements for the district.

(d)

On all through lots, the minimum front yard setback specified for the district in which the lot is located shall apply to each yard with street frontage.

(Ord. 1985-40, passed 8-6-85)

The maximum heights specified for buildings in section 1145.04 shall not apply to:

(a)

Public facilities, churches, and schools, provided that these are located on the first floor of such buildings and comprise 50 percent or more of the floor area of such buildings. For each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its required side and rear yard setbacks shall be increased by an additional one and one-half feet.

(b)

Flagpoles, radio or television antenna, transmission towers or cables, spires cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, silos and similar structures for bulk storage, grain elevators, mineral extraction and processing structures, or any similar structures, provided that such structures in their aggregate coverage occupy no more than 25 percent of the lot coverage of the principal and accessory buildings and shall not be less than 25 feet from each lot line.

(Ord. 1985-40, passed 8-6-85)

(a)

Temporary buildings for purposes incidental to construction work shall be permitted in any district during the period of construction. The building shall be removed upon completion of the construction.

(b)

Temporary buildings may be permitted in conjunction with a temporary activity such as carnivals, bazaars, etc. which may be conducted for no more than seven days. Zoning certificates shall be required for the buildings either individually or as a group. The buildings shall be removed 24 hours after the completion of the activity.

(Ord. 1985-40, passed 8-6-85)

(a)

Garage sales are permitted in any zoning district.

(b)

Each household is entitled to no more than three garage sales per calendar year.

(c)

Garages sales may not extend for more than three consecutive days and may operate between the hours of 9:00 a.m. and 6:00 p.m. during those days.

(d)

A zoning certificate must be obtained for each garage sale.

(Ord. 1985-40, passed 8-6-85)

(a)

Purpose. This section is intended to promote the public health, welfare and safety by regulating the installation and operation of outdoor wood-fired furnaces and/or similar devices.

(b)

Applicability. This section applies to all outdoor wood-fired furnaces; corn-fired furnaces; pellet-fired furnaces; bio-fuel furnaces or furnaces with similar characteristics, in all zoning districts within the City of Clyde, except within mobile home parks.

(c)

Definitions.

(1)

Bio-fuel fired means soybeans or wheat that is substituted for clean wood.

(2)

Clean wood means natural dry wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

(3)

Corn-fired means dry shelled corn that is substituted for clean wood.

(4)

Outdoor wood furnace means a wood, corn, pellet or bio-fuel fired furnace, stove or boiler that is mounted on a concrete pad and is typically not located within a building intended for residential, commercial or industrial habitation.

(5)

Pellet-fired means pellets made from compacted sawdust; wood chips; bark wastepaper and other organic materials as a substitute for clean wood.

(6)

Refuse means any waste material except clean wood.

(d)

Installation and use of outdoor wood-fired furnaces.

(1)

The outdoor wood-fired furnace shall be installed and used only in parcels of sufficient size to meet distance requirements to neighboring buildings or residences.

(2)

The outdoor wood-fired furnace shall be located at least 200 feet from the nearest residence, commercial establishment or industrial building which is not on the same property as the outdoor wood-fired furnace. Furnaces defined in accordance with subsections (c)(1), (3), (4), (5) above shall be considered an accessory structure and must meet all requirements for that district.

(3)

If there is a residence within 200 feet of the wood-fired furnace, which is not on the same property, then the outdoor wood-fired furnace shall have an attached permanent stack extending higher than the roofline of the structure being served.

(4)

The outdoor wood or corn-fired furnace shall comply with all applicable laws including, but not limited to city ordinances that prohibit creating a human health hazard or a public nuisance.

(5)

Only clean wood, pellets, shelled corn, soybeans or wheat may be used in the furnace.

(6)

The outdoor wood-fired furnace shall not be used to burn any of the prohibited materials listed in subsection (e) below except paper and cardboard.

(7)

The outdoor wood-fired furnace shall only be operated from September 15 through May 15 of each year.

(e)

Materials that may not be burned. Unless specific written approval has been obtained from the city manager, the following materials may not be burned:

(1)

Rubbish or garbage including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.

(2)

Waste oil or other oily wastes except used oil burned in a heating device for energy recovery is not permitted under this chapter.

(3)

Asphalt and products containing asphalt.

(4)

Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

(5)

Any plastic material including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

(6)

Rubber including tires and synthetic rubber-like products.

(f)

Outdoor wood-fired furnace permit.

(1)

The owner of the outdoor wood-fired furnace or similar approved furnace shall obtain a zoning permit from the city manager before installation and pay a permit fee of $10.00. Said fee shall also be posted on the schedule of fees for other zoning applications.

(2)

Application. An application for a wood-fired furnace zoning permit shall be made to the city manager upon forms furnished by the city that shall include, for the purpose for enforcement of these regulations, the following data:

A.

Name and address of applicant and property owner;

B.

Legal description of the property; and

C.

A sketch of the dimensions of the property, including location of buildings and the wood-fired furnace relative to the lot lines and distances from neighboring residences that are within 200 feet.

(3)

Application process.

A.

Upon receipt by the city manager or his designate, he shall perform a site visit and review, before consideration of approval will be granted by the city manager.

B.

Applicants shall be notified in writing of the decision on their application within ten business days of receipt of the completed application; and

C.

The city shall issue a zoning permit under this section for wood-fired furnaces that meets the standards established by this section.

D.

Validity of permit. The zoning permit shall be valid for a period of 18 months, in accordance with section 1133.01(c). Installation of the wood-fired furnace or other approved furnace shall be completed during that time or the permit is void and the applicant shall re-apply for a new permit.

(g)

Right of entry and inspection. An officer, agent, employee or representative of the city who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.

(h)

Existing nonconforming outdoor wood-fired furnaces or other approved furnaces. The lawful use of a nonconforming outdoor wood-fired furnace or other approved furnaces existing at the time of the adoption of the ordinance from which this section derives may be continued although such furnace does not conform to the provisions of this ordinance. However, the use of a nonconforming outdoor wood-fired furnace or other approved furnaces shall not be a public nuisance or cause a human health hazard prohibited by this section or sections prohibiting public nuisances. Location of nonconforming outdoor wood-fired furnaces shall comply with section 1137 non-conforming structures.

(i)

Enforcement and penalties.

(1)

The city manager or his designate is authorized to enforce the provisions of this section.

(2)

The penalty for violation of any portion of this section shall be a minor misdemeanor for the first offense and a fourth-degree misdemeanor for subsequent offenses.

(Ord. 2006-107, passed 11-7-06)

(a)

Purpose. The purpose of this section is to protect the public health and safety of its citizens and to promote an orderly land use within the City of Clyde. All wind energy systems shall be a "conditionally permitted" use in all zoning districts.

(b)

Definitions.

(1)

A wind energy system includes any or all of the following components:

A.

A turbine with propeller-style blades; or

B.

A vertical rotor; or

C.

Other means of capturing the energy in moving air;

D.

A tower; or

E.

A mounting structure;

F.

Associated electrical distribution circuitry;

G.

A battery; or

H.

Other means of storing energy;

I.

Other means of transmitting energy;

J.

Mechanical control mechanism;

K.

Electrical/electronic/computer control circuitry;

L.

A foundation; and

M.

Enclosures.

(2)

Total height means the distance measured from the natural ground elevation (not mounded) to the highest point that any part of the wind energy system can reach.

(3)

A wind energy system is a system designed to reduce the on-site consumption of municipal power.

(4)

Wind turbine rotor means that portion of a wind turbine that includes the blades or scoops, hub and shaft.

(5)

Tower means an elevating structure intended to raise the rotor, turbine and accessory equipment above either the ground surface or the top of a building.

(6)

Commercial wind energy system means a system having more than one wind turbine and primarily used for off-site sale of generated power.

(7)

Wind turbine means a wind energy system that converts wind energy into electric energy by means of rotary motion driven by the passage of air through the wind energy system. Wind Energy Systems include those models designed to be mounted on rooftops of existing or new buildings, including residential applications.

(c)

Applicability.

(1)

This section applies to all wind energy systems as defined in subsection (b) hereof that are proposed to be constructed or located within the City of Clyde after the effective date of this section.

(2)

Any wind energy system constructed or located prior to the effective date of this section will not be required to meet the provisions of this section, provided that any physical modifications to such pre-existing wind energy system that materially alters the size, type, and number of any such wind energy systems shall be required to comply with provisions of this section. Preexisting wind energy systems that are destroyed or damaged to the extent they can no further operate, shall not be reconstructed except in conformity with this section.

(d)

Conditional permitted. A wind energy system shall be considered a "conditionally permitted use" in all zoning districts.

(e)

Permit requirements.

(1)

No wind energy system shall be constructed or located within the City of Clyde unless a "conditionally permitted use" has been approved by the board of zoning appeals and a permit has been issued to the applicant by the zoning inspector. Application for a wind energy system shall be made on the same application as used for other zoning applications.

(2)

The conditionally permitted use permit application shall be made in compliance with this section and chapter 1169 conditionally permitted uses. The fee for such permit shall be the same as for other conditionally permitted uses.

(3)

Any physical modifications to an existing and permitted wind energy system that materially alters the size, type and number of such systems shall require a new permit be issued.

(4)

An applicant who proposes to construct or locate a wind energy system, as defined in this section, on a roof of an existing or new structure shall be required to apply for a conditionally permitted use permit.

(f)

Wind energy electric system requirements.

(1)

The wind energy system, as defined, is permitted in all zoning districts.

(2)

The setback for a wind energy system shall be determined based upon its height. The setback height shall be measured from the foundation of the system to the highest point of the blades. The minimum setback from the nearest property line; public right-of-way; occupied structure; and overhead public utilities, such as telephone or electric lines shall be no less than 1.1 times the setback height.

(3)

Design standards.

A.

Tower design. The design of the tower, if any, shall be a single enclosed pole, which is freestanding, without guy wires or an open lattice tower. When either type of tower is employed, it shall have anti-climbing protection. A single enclosed pole shall have no climbing rungs for the first 15 feet from the foundation. A lattice tower shall have fencing or other material of sufficient height to prevent climbing of the tower.

B.

Minimum blade height. The minimum height of the lowest extent of the turbine blade shall be 30 feet above the foundation of the tower or 30 feet above any structure or obstacle within 30 feet horizontally from any part of the arc of the turbine blades.

C.

Noise. No wind energy system shall generate sounds exceeding 45dBA as measured 100 feet from the tower. Noise generated from these systems shall also comply with existing city noise ordinances.

D.

Visual appearance. Small wind energy systems shall be finished in a corrosion-resistant, non-obtrusive finish and color that is non-reflective. No wind energy electric system shall be lighted, unless required by FAA. No flags, streamers, decorations or advertising signs of any kind or nature shall be permitted on any system. All systems shall have a clearly visible warning sign at the base of the system warning of "high voltage". All access doors to the wind energy system, if any, shall be locked to prevent entry by non-authorized personnel.

E.

Electrical interconnections. All electrical interconnections and distribution electric lines shall be underground and comply with all applicable codes and requirements. Before any wind energy system may be installed, the owner shall first make application for interconnect with the city's electric department and also enter into an interconnect agreement with the city. Both application and agreements forms are available from the zoning inspector.

F.

Signal interference. No wind energy system shall cause material interference with television or other communication signals received from abutting property owners. Once determined said system is causing interference, the owner shall take steps to filter, reflect or block any noise causing such interference. Failure to correct the cause for interference may cause the city to terminate service until such time the interference is corrected.

G.

Controls and brakes. All wind energy systems with external blades shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for over speed protections.

H.

Wind energy systems proposed to be connected to the city's distribution system for the purpose of net metering shall adhere to the ORC 4928.67.

(4)

Permit applications. Applications for a wind energy system are available from the zoning inspector and shall include the following information.

A.

Site plan (map view) to scale showing the location of all of the components of the proposed wind energy system and the locations of all existing buildings, structures, property lines; overhead utilities, along with distances; and

B.

Elevation (side view) drawings of the site to scale showing the height, design, and configuration of the system and the height and distance to all existing structures, buildings, overhead utilities, property lines; and

C.

Structural drawings and engineering analysis of the system tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity, and a standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site. Tower and foundation designs shall be certified by a registered professional engineer from the state.

D.

Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of all parts of the system, including the name and address of the component manufacturers model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes.

E.

Property owners of a wind energy system shall maintain a current liability policy covering bodily injury and property damage with limits of at least $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Property owner shall provide a copy of a current policy and make part of the application for a wind energy system.

(g)

Non-use. Any wind energy system which complies with the terms of this section, but is not operable, excluding pending repair parts, shall be removed within six months. Failure to remove the system shall be deemed a violation of this section and shall be handled in the same manner as other nuisances within the city.

(Ord. 2009-44, passed 11-3-09)