Defiance City Zoning Code

CHAPTER 1169

Zoning Districts and Use Regulations

1169.01 PURPOSE.

The purpose of this chapter is to establish zoning districts in order to:

(a) Realize the general purpose set forth in Chapter 1161 General Provisions of this Zoning Code;

(b) Classify, regulate and restrict the location of residential, commercial, industrial, recreational, public, and other land uses and the location of buildings designated for specified uses;

(d) Regulate the height, number of stories, and site of buildings and other structures hereafter erected or altered;

(e) Establish building setback lines, sizes of yards, and other open spaces within and surrounding such buildings; and

(f) Regulate the density of population within the City of Defiance to the fullest extent allowed by law.

(Ord. 8592. Passed 7-2-24.)

1169.02 ESTABLISHMENT OF ZONING DISTRICTS.

(a) Districts Established.

(1) For the purposes of this code, all land within the incorporated territory of Defiance, Ohio, is hereby divided into the districts established in Table 1169.02-1: Zoning Districts.

TABLE 1169.02-1: ZONING DISTRICTS
ABBREVIATION	DISTRICT NAME
OPEN AIR ZONING DISTRICTS
F-P	Flood Plain District
S-1	Special District
A-1	Agriculture District
RESIDENTIAL ZONING DISTRICTS
R-1	Low Density Residence District
R-2	Medium Density Residence District
R-3	Medium to High Density Residence District
R-4	Mobile Home Parks District
BUSINESS ZONING DISTRICTS
O-R	Office -Residential District
B-1	Neighborhood Business District
B-2	Central Business District
B-3	Highway and General Business District
B-4	Community Shopping Center District
INDUSTRIAL ZONING DISTRICTS
M-1	Restricted Industrial District
M-2	Limited Industrial District
M-3	General Industrial District
OVERLAY ZONING DISTRICTS
CO	College Overlay District
PUD	Planned Unit Development Overlay District

(b) Relationship to Overlay Zoning Districts.

(1) The creation of overlay zoning districts is authorized to achieve particularized zoning objectives within a defined area when deemed necessary to address unique characteristics of that area.

(2) When established, overlay districts shall be shown on the zoning map as dashed lines labeled with the name of the overlay district.

(3) Effect of Overlay Districts.

A. Overlay district regulations establish zoning regulations applicable only within the territorial boundaries of the overlay district to which they pertain.

B. Overlay district regulations may establish minimum architectural and site improvement standards that differ from the requirements generally applicable to similarly zoned properties not located within the overlay district, regulate certain land uses that are permitted by the general zoning regulations pertaining to the use of similarly zoned lands not located within the overlay district, or modify the procedures employed to resolve zoning compliance issues when the land subject to regulation lies within the overlay district.

C. If any overlay district regulation is thought to be inconsistent with a general provision of the Codified Ordinances, the provisions shall, if possible, be construed so that full effect is given to both. 1f the conflict between the provisions is irreconcilable, the provisions of the overlay district regulations shall prevail over the general ordinance as an exception to the general ordinance.

D. Where land is classified into an overlay zoning district as well as a base zoning district, the regulations governing development in the overlay zoning district shall apply in addition to the regulations governing the base zoning district.

(Ord. 8592. Passed 7-2-24.)

1169.03 BASE ZONING DISTRICT PURPOSE STATEMENTS.

The following are the statements of purpose for each of the base zoning districts established in this Zoning Code.

(a) F-P Flood Plain District. The purpose of the F-P Flood Plain District is to protect land which is subject to periodic flooding as depicted on the current Flood Rate Insurance Map as defined in Section 1333.05 of the Codified Ordinances from intensive development, and to maintain areas subject to periodic flooding to provide necessary flood control.

(b) S-1 Special District. The purpose of the S-1 Special District is to provide for large public or semi-public land holdings, land suitable for non-commercial recreation, areas to be kept open for highway interchanges or takeoff or landing of aircraft, or land to be kept open to protect the source water supply.

(c) A-1 Agriculture District. The purpose of the A-1 Agriculture District is to provide for agricultural and other rural purposes on land which is level or gently rolling.

(d) R-1 Low Density Residence District. The purpose of the R-1 Low Density Residence District is to provide for relatively low density residential development conveniently accessible to community facilities.

(e) R-2 Medium Density Residence District. The purpose of the R-2 Medium Density Residence District is to provide for medium density residential development conveniently accessible to community facilities.

(f) R-3 Medium to High Density Residence District. The purpose of the R-3 Medium to High Density Residence District is to provide for moderately high density residential development conveniently accessible to community facilities and major traffic arteries.

(g) R-4 Mobile Home Parks District. The purpose of the R-4 Mobile Home Parks District is to provide for mobile home parks in areas which have access to community services and major thoroughfares, and which lend themselves to effective buffering.

(h) O-R Office-Residential District. The purpose of the O-R Office-Residential District is to provide a neighborhood-scale mix of uses including apartments, regional and professional offices, institutional uses, and personal services.

(i) B-1 Neighborhood Business District. The purpose of the B-1 Neighborhood Business District is to provide areas for small local businesses with convenience-type goods and personal services that are compatible with surrounding residential uses and are not large generators of traffic.

(j) B-2 Central Business District. The purpose of the B-2 Central Business District is to accommodate the existing Central Business District and provide for development of additional areas that are logical extensions of the Central Business District.

(k) B-3 Highway and General Business District. The purpose of the B-3 Highway and General Business District is to provide for areas along major highways or thoroughfares in which sales and services oriented to highway travelers or general businesses can locate.

(l) B-4 Community Shopping Center District. The purpose of the B-4 Community Shopping Center District is to provide for shopping centers of an integrated design which provide adequate parking and service areas and are located along major thoroughfares.

(m) M-1 Restricted Industrial District. The purpose of the M-1 Restricted Industrial District is to provide for areas of industries, research facilities, and offices of a restricted nature with minimal impact on neighboring urban land uses.

(n) M-2 Limited Industrial District. The purpose of the M-2 Limited Industrial District is to provide for areas of limited processing and storage of agricultural supplies, grain and building materials, and for oil and gas wells, equipment storage and sales, and sand and gravel extraction.

(o) M-3 General Industrial District. The purpose of the M-3 General Industrial District is to provide for areas of heavier industrial uses with access to transportation and community services, and that are relatively isolated from other urban uses.

(Ord. 8592. Passed 7-2-24.)

1169.04 OVERLAY ZONING DISTRICT PURPOSE STATEMENTS.

The following are the statements of purpose for each of the overlay zoning districts established in this zoning code.

(a) CO College Overlay District.

(1) The purpose of the College Overlay District (CO) is to promote and protect public health, safety, and general welfare by providing permanent, uniform and consistently enforceable regulations governing the development of land in the immediate vicinity of the Defiance College campus in order to:

A. Preserve the historic use of campus grounds for educational, cultural and social purposes;

B. Accommodate the vehicular and pedestrian traffic generated by students and campus visitors;

C. Preserve historic structures on and adjacent to the college campus; and

D. Buffer the campus and established residential neighborhoods adjoining the campus from anticipated commercial development of the U.S. Route 24 and State Routes 15, 18 and 66 corridors.

(2) The overriding intent of this section is to accommodate and encourage public and commercial activities that are compatible with preservation of the college campus and surrounding college-oriented neighborhoods and discourage public and commercial uses that are incompatible with preservation of this unique environment that is of incalculable social, cultural and economic value to the community. The more specific purposes and intent of the regulations in Subsection 1169.09(a) CO College Overlay District Regulations are to:

A. Preserve employment, social, cultural and educational opportunities for the benefit of City residents by assuring the long term viability of the Defiance College on the lands historically occupied by the college through reasonable regulation of neighboring land uses to:

1. Preserve and enhance the pastoral atmosphere of the college campus by requiring neighboring properties to adhere to minimum landscaping standards;

2. Promote aesthetic compatibility between future structures and existing structures on and in the immediate vicinity of the campus by requiring neighboring properties to adhere to minimum structural design standards; and

3. Discourage the establishment of land uses in the immediate vicinity of the campus that directly or indirectly interfere with activities necessary to the accomplishment of the social, cultural and educational mission of Defiance College.

B. Preserve, protect and enhance established residential neighborhoods surrounding Defiance College by encouraging private investment in the maintenance, restoration and improvement of existing homes.

C. Encourage aesthetically unified development throughout the CO District.

D. Promote public safety by reducing the opportunity for conflict between pedestrian and vehicular traffic in an area that is uniquely characterized by higher than customary volume of pedestrian traffic.

E. Promote efficient management of vehicular traffic in an area that is uniquely characterized by both high volumes of traffic and higher than customary numbers of motor vehicle operators who are unfamiliar with the area.

F. Enhance public convenience, improve air quality, reduce noise and reduce fuel consumption by eliminating avoidable traffic delays and the acceleration, deceleration and idling of motor vehicles incident to those delays.

G. Protect the historic character of the CO District and historic structures within the district.

H. Ensure that future commercial development is compatible with the established neighborhood and Defiance College.

I. Provide an attractive gateway into the City of Defiance.

(3) Any structure, storage, use, practice, or operation within the CO District as defined on the zoning map or other supporting documentation adopted by the City is subject to the regulations of Subsection 1169.09(a) CO College Overlay District Regulations.

(b) PUD Planned Unit Development Overlay District.

(1) The purpose of the Planned Unit Development (PUD) Overlay District regulations is to provide an optional means to develop large tracts of land that are planned and constructed in a unified manner under single ownership at the time of construction. These regulations allow for more flexible, innovative and economic land development options than the regulations for the base zoning districts of this code. Applicants who choose this option may arrange structures and circulation systems to take advantage of existing vegetation, natural topography and other physical features of the site and can provide additional site amenities.

(2) See Chapter 1171 Planned Unit Development Overlay District Regulations for district regulations.

(Ord. 8592. Passed 7-2-24.)

1169.05 OFFICIAL ZONING DISTRICT MAP.

(a) The districts established in Section 1169.02 Establishment of Zoning Districts are shown on the Official Zoning Map of the City of Defiance.

(b) The Official Zoning Map, together with all the explanatory matters therein, is hereby adopted as part of this code and is hereby incorporated by reference into this code. The Official Zoning Map, properly attested, shall remain on file in the city engineering division office.

(c) No changes of any nature shall be made to the Official Zoning Map, hereafter referred to as "the zoning map," except in conformity with the procedures set forth in this code.

(d) Zoning District Boundary Interpretation. Where uncertainty exists with respect to the boundaries of the various districts shown on the zoning map, the following rules apply:

(1) Where the districts designated on the zoning map are bounded approximately by centerlines of streets or alleys, such lines shall be construed to be the boundary of the districts.

(2) Where the districts designated on the zoning map are bounded approximately by lot lines, such lines shall be construed to be the boundary of the districts.

(3) In unsubdivided property, the district boundary lines on the zoning map shall be determined by dimensions or the use of the scale appearing on the zoning map.

(4) F-P Flood Plain District Boundary Designation and Interpretation. The boundaries of the F-P Flood Plain District shall be based on elevation in relation to the water surface elevations projected for the base flood. The clerk of the planning commission shall adjust the boundaries of the F-P Flood Plain District as necessary to maintain consistency with the boundaries of areas of special flood hazard depicted on the Flood Insurance Rate Map issued by the Federal Emergency Management Agency. The exact location of F-P Flood Plain District boundaries shall be determined based on elevation in the manner provided by Section 1333.07 of the Building Code.

(e) Vacated or Annexed Area.

(1) Vacated Areas. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated in the manner authorized by law and is not zoned on the zoning map, City Council or the Planning Commission shall initiate a zoning map amendment (see Section 1165.03 Zoning Text and Map Amendments) to establish zoning districts for the vacated area.

(2) Initial Zoning for Annexed Areas.

A. All tracts shall, upon annexation, be zoned the most restrictive designation for the type of use shown on the most recently adopted land use plan. In the event that the annexed parcel is not designated on the land use plan, the initial zoning shall be as designated on the land use plan nearest to the tract on the plan. (Example: For a tract designated residential, the initial zoning would be R-1.)

B. Land identified by the Federal Emergency Management Agency as an area of special flood hazard and so designated on the applicable Flood Hazard Boundary Map or designated as Zone A, AE, AH, AO, A1-30 or A99 on the applicable Flood Insurance Rate Map shall be designated as a F-P Flood Plain District upon annexation. Such designation shall not be changed without express consent of the Federal Emergency Management Agency.

(3) Final Zoning for Annexed Areas.

A. Within thirty (30) days after annexation, the Planning Commission shall initiate a zoning map amendment and formulate and transmit its recommendations to City Council regarding the permanent zoning for all annexed areas if the Planning Commission determines that the initial zoning designation is not appropriate. City Council shall review the recommendation of Planning Commission in accordance with the procedures set forth in Section 1165.03 Zoning Text and Map Amendments.

B. If the Planning Commission does not take action to initiate a zoning map amendment within sixty (60) days of annexation, the initial zoning of the newly annexed area will become the final zoning.

(Ord. 8592. Passed 7-2-24.)

1169.06 PRINCIPALLY PERMITTED USES.

(a) General Provisions. Subsection 1169.06(c) Permitted Use Table, lists the principal uses allowed within all zoning districts except for overlay zoning districts and planned unit developments (See Chapter 1171 Planned Unit Development Overlay District Regulations).

(b) Explanation of Permitted Use Table.

(1) Permitted Use.

A. A "P" in a cell indicates that a use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this code.

B. Permitted uses are approved administratively by the zoning commissioner where a zoning permit is required or by the planning commission where a site plan review is required. See Section 1165.06 Site Plan Review for the applicability of site plan review.

(2) Permitted Uses with Standards.

A. A "PS" in a cell indicates that a use category is allowed by-right in the respective zoning district if it meets the additional standards set forth in the numerically referenced sections. Permitted uses with standards are subject to all other applicable regulations of this code.

B. Uses permitted with additional standards are approved administratively by the zoning commissioner where a zoning permit is required or by the planning commission where a site plan is required. See Section 1165.06 Site Plan Review for the applicability of site plan review.

(3) Conditional Uses.

A. A "C" in a cell indicates that a use may be permitted if approved through conditional use permit review (See Section 1165.07 Conditional Use Permit). Conditional uses may be subject to use-specific standards as identified in the last column of Table 1169.06-1: Principally Permitted Uses. Conditional uses are subject to all other applicable regulations of this code.

B. The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any use that is permitted as a conditional use shall be subject to the general review standards for all conditional uses established in Section 1165.07 Conditional Use Permit.

(4) Prohibited Uses. A blank and/or shaded cell indicates a use that is prohibited in the respective zoning district.

(5) Numerical Reference. The numbers contained in the "Additional Requirements" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Additional Requirements" column apply in all zoning districts unless otherwise expressly stated.

(6) Use Determination and Unlisted Uses.

A. The Zoning Commissioner shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section and code.

B. The Zoning Commissioner may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, or a conditional use established in Table 1169.06-1: Principally Permitted Uses based on the proposed use activities, character of use, similarity to existing uses within the City, or information on the use as may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute, or similar organizations. If the zoning commissioner finds that the proposed use is substantially similar to a use established in Table 1169.06-1: Principally Permitted Uses, the application shall be processed in the same manner as the similar use.

C. If the Zoning Commissioner makes the determination that a use is prohibited, the application shall not be processed and the application fee shall be returned.

D. If the applicant disagrees with the Zoning Commissioner's determination regarding the proposed use, the applicant may choose to take one of the following actions:

1. The applicant may appeal the determination of the zoning commissioner to the Planning Commission pursuant to Section 1165.09 Appeals;

2. The applicant may submit an application for a zoning text amendment to include the proposed use and applicable standards pursuant to Section 1165.03 Zoning Text and Map Amendments; or

3. The applicant may present their case to the Planning Commission and/or city council to request that the City initiate a text amendment to address the proposed use and applicable standards.

TABLE 1169.06-1: PRINCIPALLY PERMITTED USES

P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL USE BLANK CELL = PROHIBITED

USE TYPE

F-P

S-1

A-1

R-1

R-2

R-3

R-4

O-R

B-1

B-2

B-3

B-4

M-1

M-2

M-3

ADDITIONAL REQUIRE-MENTS

AGRICULTURAL USE CLASSIFICATION

Agriculture

Forestry

Plant Cultivation

Specialized Animal Raising and Care

RESIDENTIAL USE CLASSIFICATION

Adult Family Homes or Small Residential Facilities

1169.08(a)(1)

Adult Group Homes or Large Residential Facilities

1169.08(a)(1)

Apartments on Upper Floors

1169.08(a)(2)

Dwellings, Multi-Family

Dwellings, Single-Family

Dwellings, Two-Family

Dwellings, Zero Lot Line

1171.07(a)(5)

Mobile Home Parks

1169.08(a)(3)

Nursing or Convalescent Homes

1169.08(a)(4)

TABLE 1169.06-1: PRINCIPALLY PERMITTED USES

P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL USE BLANK CELL = PROHIBITED

USE TYPE

F-P

S-1

A-1

R-1

R-2

R-3

R-4

O-R

B-1

B-2

B-3

B-4

M-1

M-2

M-3

ADDITIONAL REQUIRE-MENTS

PUBLIC AND INSTITUTIONAL USE CLASSIFICATION

Airports

Cemeteries

Charitable and Philanthropic Institutions

Community Gardens

1169.08(b)(1)

Cultural Institutions

Essential Services

Hospitals

Parking Lots & Garages

1169.08(b)(2)

Public and Government Buildings or Uses

Public Community Centers

Recreational Facilities, Noncommercial

Religious Places of Worship

Solar Farms

Telecommuni-cation Towers and Facilities

1169.08(b)(3)

TABLE 1169.06-1: PRINCIPALLY PERMITTED USES

P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL USE BLANK CELL = PROHIBITED

USE TYPE

F-P

S-1

A-1

R-1

R-2

R-3

R-4

O-R

B-1

B-2

B-3

B-4

M-1

M-2

M-3

ADDITIONAL REQUIRE-MENTS

COMMERCIAL USE CLASSIFICATION

Animal Hospitals & Veterinary Clinics

1169.08(c)(1)

Assembly Halls & Conference Centers

1169.08(c)(2)

Automotive Fuel Sales

1169.08(c)(3)

Automotive Repair

1169.08(c)(4)

Automotive Sales or Rental

1169.08(c)(5)

Automotive Service

1169.08(c)(3)

Bakeries & Dairies

Banks and Financial Institutions

Bars or Taverns

Bed and Breakfast Establishments

1169.08(c)(6)

Boarding Houses

Building Trades & Services

Car Washes

1169.08(c)(7)

Clubs, Lodges, or Other Social Meeting Places

1169.08(c)(8)

Commercial Entertainment Facilities

Commercial Recreation Facilities, Indoors

Commercial Recreation Facilities, Outdoors

1169.08(c)(9)

TABLE 1169.06-1: PRINCIPALLY PERMITTED USES

P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL USE BLANK CELL = PROHIBITED

USE TYPE

F-P

S-1

A-1

R-1

R-2

R-3

R-4

O-R

B-1

B-2

B-3

B-4

M-1

M-2

M-3

ADDITIONAL REQUIRE-MENTS

COMMERCIAL USE CLASSIFICATION (Cont.)

Convenience Stores

Dry Cleaner

Educational Institutions, Commercial

Family Day Care Home, Type A

Family Day Care Home, Type B

Funeral Homes and Mortuaries

Garden or Landscape Supply Store

Green Houses and Nurseries

Hotels & Motels

Internet Cafes

Internet Sweepstakes Establishments

Kennels

1169.08(c)(10)

Laundry or Laundromat

Lodging Houses

Lumber Yard

Medical and Dental Centers or Outpatient Clinics

Mobile Home Sales

Nursery Schools or Childcare Centers

1169.08(c)(11)

TABLE 1169.06-1: PRINCIPALLY PERMITTED USES

P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL USE BLANK CELL = PROHIBITED

USE TYPE

F-P

S-1

A-1

R-1

R-2

R-3

R-4

O-R

B-1

B-2

B-3

B-4

M-1

M-2

M-3

ADDITIONAL REQUIRE-MENTS

COMMERCIAL USE CLASSIFICATION (Cont.)

Offices

Printing & Publishing

Restaurants

1169.08(c)(12)

Restaurants, Fast Food

Retail and Service Commercial Uses

Self-Storage Facilities or Mini-Warehouses

1169.08(c)(13)

Services, Business

Services, Financial

Services, Personal

Services, Professional

Sexually Oriented Businesses

1169.08(c)(14)

Tattoo/Piercing Parlors or Studios

Transportation Equipment Sales & Repair

Transportation & Trucking Terminals

Truck, Trailer or Farm Implement Sales and Service

Truck Washes

1169.08(c)(7)

Wholesale Businesses

TABLE 1169.06-1: PRINCIPALLY PERMITTED USES

P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL USE BLANK CELL = PROHIBITED

USE TYPE

F-P

S-1

A-1

R-1

R-2

R-3

R-4

O-R

B-1

B-2

B-3

B-4

M-1

M-2

M-3

ADDITIONAL REQUIRE-MENTS

INDUSTRIAL USE CLASSIFICATION

Auto & Metal Salvage Operations (Junkyard)

1169.08(d)(1)

Building Materials Sales & Storage

1169.08(d)(2)

Bulk Plant

Contractor Offices and Storage

1169.08(d)(3)

Crematory

1169.08(d)(4)

Grain Elevator & Feed Mills

Laboratories

Manufacturing, General

Manufacturing, Limited

Manufacturing, Restricted

Marijuana Facilities, Dispensaries and Cultivators

1169.08(d)(6)

Mineral, Gravel or Sand Extraction

1169.08(d)(5)

Oil & Gas Well

Oil & Gas Well Equipment Sales & Storage

Research & Development Facilities

Sawmill

Slaughterhouses

Stockyards

Warehousing, Distribution or Storage Facility

(Ord. 8592. Passed 7-2-24.)

1169.07 SIMILAR USE DETERMINATION.

(a) Where there is a proposed use that is not currently listed in Table 1169.06-1: Principally Permitted Uses, the Zoning Commissioner may review the use to determine the appropriate zoning districts, if any, where the use may be permitted.

(b) The Zoning Commissioner should consider the nature, operation, and function of the use in its determination of the appropriate district.

(c) The Zoning Commissioner may find that the use is not compatible with any existing zoning district and not permit the use under the current zoning code or, as an alternative, the Zoning Commissioner may make a recommendation to the Planning Commission that a new district and/or new provisions be adopted pursuant to Section 1165.03 Zoning Text and Map Amendments.

(Ord. 8592. Passed 7-2-24.)

1169.08 USE SPECIFIC REGULATIONS.

The following section contains additional standards that shall be met by an applicant for uses that are either permitted with use-specific standards or as conditional uses. In addition to meeting the following standards, all applicants for conditional uses shall be required to comply with any and all other applicable provisions of this code.

(a) Residential Use Classifications.

(1) Adult Family Homes or Small Residential Facilities; and Adult Group Homes or Large Residential Facilities.

A. The minimum lot area shall be 30,000 square feet.

B. All structures and activity areas, except off-street parking, shall be set back a minimum of thirty-five (35) feet from all lot lines.

C. Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical of residences in the area.

D. In order to prevent the creation of a defacto social service district and to avoid impacting a residential block or neighborhood, the Planning Commission shall not grant a conditional use which would permit more than one adult group home within the same block or within a 500 foot radius of another group home.

E. The residential character of all structures shall be maintained.

F. An adult group home shall not be permitted to be constructed or operated until the agency, organization, or institute supervising such home satisfies the Planning Commission that the home and its operation will comply with all licensing or certification requirements of the appropriate state or local agency, pursuant to law.

G, No exterior sign shall be permitted except as specifically allowed by the Planning Commission.

H. A conditional use shall be granted for a specific type of group home. The type of home shall be defined as and by the specific nature of the individuals being treated or rehabilitated. Any change in the type of adult group home shall require a new conditional use permit.

(2) Apartments on Upper Floors,

A. Apartments may be permitted on the second or higher floor in districts shown in Table 1169.06-1: Principally Permitted Uses if a business or vacant commercial space is located on the ground floor within the same structure.

B. Multiple apartments are permitted above the ground floor commercial space.

C. Apartments shall not be located on the ground floor.

(3) Mobile Home Parks.

A. No mobile home, trailer, or similar portable residence structure shall be permitted to be located in the City except in a mobile home park in an R-4 District.

B. A management office is permitted within a mobile home park.

C. Compliance with Ohio Administrative Code.

1. Mobile home parks shall conform to the provisions of the Ohio Administrative Code (OAC) Chapter 3701-27: Mobile Home Parks, or subsequent revisions or additions, except as otherwise stated or modified in Subsection 1169.08(a)(3)C. Compliance with Ohio Administrative Code.

2. All plans required pursuant to OAC 3701-27-05 (Plan Approval Required) shall also be submitted to the Planning Commission for review and approval.

3. In addition to that required pursuant to OAC 3701-27-05, the following shall be included on plans submitted to Planning Commission:

a. Setback lines from adjacent property lines and right-of-way lines.

b. Location and size of recreational areas.

c. Method proposed for screening the mobile home park perimeter.

4. Mobile homes or trailers shall be set back fifty (50) feet from the mobile home park property line instead of the distance indicated in OAC 3701-27-08 (Manufactured Home Lots). The Planning Commission shall have the authority to modify setback requirements when the mobile home park property is adjacent to commercial or industrial property, recreation parks, other mobile home parks, or other property where, in its opinion, there will be no harmful effects.

5. In lieu of the separation dimensions set forth in OAC 3701-27-08 (Manufactured Home Lots), each trailer shall be located upon the lot so as to provide not less than twenty (20) feet clear distance between the sides of trailers, between the end of any trailer and the side of any trailer, or between trailers placed end to end. These dimensions shall be computed as indicated in OAC 3701-27-08.

6. OAC 3701-27-26 (Recreation Area and Facilities) shall be modified as follows:

Each house trailer park shall set aside and provide suitable, conveniently located recreational space consisting of not less than eight percent (8%) of the gross trailer park area. The area between the mobile home park property line and the fifty (50) foot setback shall not be considered recreational space.

7. No park and recreation fee shall be assessed provided that all regulations stated above are complied with.

8. Should there be a conflict between city and state requirements, the more restrictive requirement shall apply.

D. Mobile home parks shall be effectively screened on all sides by means of walls, fences, or plantings, except where the property is sufficiently removed from other urban uses, as determined by the Planning Commission.

1. Walls or fences shall be a minimum of six (6) feet in height without advertising thereon.

2. In lieu of such a wall or fence, a strip of land not less than ten (10) feet in width contained within the required fifty (50) foot setback limits, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs, not less than four (4) feet in height, may be substituted.

E. All mobile homes shall have a minimum of 400 square feet of floor area per family.

F. Stage construction of mobile home parks shall be permitted, provided that:

1. The final plan has been approved by the Planning Commission.

2. Such stage construction provides minimum requirements within the stage being developed.

3. Subsequent stages are reviewed prior to development.

(4) Nursing Homes/Convalescent Homes.

A. The minimum lot area shall be five (5) acres.

B. All structures and activity areas, except off-street parking, shall be set back a minimum of 100 feet from the front lot line and forty (40) feet from all other lot lines.

(b) Public and Institutional Use Classifications.

(1) Community Gardens.

A. 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.

B. 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 Zoning Commissioner.

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

D. There shall be no retail sales on site, except for produce grown on the site.

E. No building or structures shall be permitted on the site unless the community garden is accessory to a use (See Section 1169.10 Accessory Use and Structure Regulations) in which case, the buildings and structures shall be considered as accessory to the principal use of the lot.

F. Benches, bike racks, raised/accessible planting beds, picnic tables, seasonal farm stands, garden art, rain barrel systems, children's play areas and similar equipment may be permitted.

G. Walls shall be subject to the provisions of Section 1177.06 Screening Requirements.

(2) Parking Lots or Garages.

A. Below-grade parking garages are encouraged over above-grade.

B. Parking garages shall meet the architectural standards established for the applicable zoning district.

C. Parking garages shall be constructed of materials of similar quality to surrounding principal structures.

D. The facades of parking garages that face public streets and are not occupied by commercial, office, institutional, public uses, or civic uses shall be articulated through the use of three or more of the following architectural features to make the parking garage appear similar in character to an occupied building:

1. Windows or window-shaped openings with decorative mesh or similar features as approved by the City;

2. Masonry columns;

3. Decorative wall insets or projections;

4. Awnings;

5. Changes in color or texture of materials;

6. Approved public art;

7. Integrated landscape planters; or

8. Other similar features approved by the City.

E. Vehicle entries to off-street parking garages shall be integrated into the placement and design of adjacent buildings or oriented away from the primary street frontage. At a minimum, parking garages shall have user vehicles access from locations that minimize conflicts with pedestrian circulation.

(3) Telecommunication Towers and Facilities.

A. The following standards apply to the location of commercial radio and television towers and telecommunication towers permitted in Table 1169.06-1: Principally Permitted Uses:

1. Towers shall be located centrally on a continuous parcel; and

2. The area of the parcel shall be large enough so that the center of the base of the tower will be set back from all points on each property line a distance equal to that of the height of the tower.

B. All accessories related to the tower including, but not limited to, guy wires, equipment sheds, parking, and fencing shall all be located on the same lot as the tower.

C. Towers shall be setback a minimum of 500 feet from any off-site dwelling unless a reduced setback is approved by the Planning Commission as part of the conditional use review of the tower.

(1) Animal Hospital/Veterinary Clinics.

A. All soundproofed structures shall be set back a minimum of fifty (50) feet from any abutting residential lot line, residential zoning district, or recorded subdivision.

B. All non-soundproofed structures shall be set back a minimum of 100 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.

C. If the animal hospital or veterinary clinic includes a kennel use for the temporary boarding of animals for purposes other than medical or dental treatment, such use shall also be subject to the standards set out in Subsection 1169.08(c)(10) Kennels.

(2) Assembly Halls/Conference Centers. All structures and activity areas, except off-street parking, shall be set back a minimum of 200 feet from all lot lines abutting a residential zoning district. All structures and activity areas, except off-street parking, shall be set back a minimum of twenty (20) feet from all other lot lines.

(3) Automotive Fuel Sales and Automotive Service.

A. Canopies shall be set back a minimum of forty (40) feet from street rights-of-way, except that the setback shall be a minimum of fifty (50) feet if along a major thoroughfare.

B. Lubrication, washing, and other incidental servicing of motor vehicles and all supply and merchandise storage shall be completely within an enclosed building except as otherwise provided herein.

C. Employee vehicles and vehicles awaiting service or return to customers following servicing shall be parked in areas indicated for such parking on approved site plan. Such parking areas shall be set back a minimum of five feet from any right-of-way.

D. The sale of motor vehicles on premises used for automotive service shall be prohibited.

E. The storage of non-operational vehicles for longer than a twenty-four (24)-hour period shall be permitted if stored in the rear yard and screened by a solid wall or fence with a minimum height of five (5) feet. No such vehicle shall be stored on-site for more than two weeks.

F. All other outdoor storage shall be subject to the standards of Section 1177.06 Screening Requirements.

(4) Automotive Repair.

A. Automotive service or automotive repair shall be performed and conducted inside of the building.

B. All vehicles or parts shall be kept inside a building or screened from view of persons on contiguous property or persons using public rights-of-way.

(5) Automotive Sales and Rental. Automotive sales or rental uses are subject to the following standards:

A. There shall be a minimum lot area of two (2) acres.

B. A principal structure shall be located on the lot.

C. Landscaping shall be provided as specified in Chapter 1177 Landscaping and Buffer Standards.

D. No auctions shall be permitted on the lot.

E. No outdoor speaker systems shall be permitted for uses that abut or are across the street from residential districts.

F. Delivery and loading shall not be permitted on a public street.

G. All structures shall be set back a minimum of 100 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.

H. No storage or display of vehicles shall be permitted in any required landscape area, unless approved by the City.

I. Automotive service or repair, if permitted, shall be performed and conducted inside of a building.

J. One additional freestanding sign shall be permitted if multiple vehicle brand dealerships share the lot, with a maximum of two (2) signs. Each sign shall not exceed the sign area permitted per Chapter 1179 Sign Standards.

(6) Bed and Breakfast Establishments. Bed and breakfast establishments are subject to the following standards:

A. The maximum number of employees shall be two (2), other than occupants or owners.

B. All such uses shall be located in a single-family dwelling consistent in character (e.g., height, scale, setbacks, massing, etc.) with the surrounding residential uses, and shall not include facilities for receptions, weddings, or other events.

C. Central facilities for the collection and disposal of trash shall be provided.

D. Parking areas shall be located behind the bed and breakfast establishment.

E. Parking areas shall be screened from adjacent residential uses by landscaping and/or fencing as determined by the Planning Commission.

D. The establishment shall conform to state health and building code requirements and shall show proof of inspection or proof of proper operating licenses by the state and/or county.

G. Only overnight guests shall be served unless otherwise authorized as part of the conditional use approval.

H. The facility shall be limited to no more than eight (8) guestrooms with a maximum guest capacity as determined by fire and building regulations.

I. No receptions, private parties, or any other type of guest paid activity shall be permitted.

J. Stays shall be short-term in nature and no guest shall be permitted to stay for a period exceeding two (2) weeks.

K. No external vending machines are permitted.

(7) Car Washes and Truck Washes. Car wash establishments must be set back a minimum of 100 feet from the right-of-way.

(8) Clubs, Lodges, or Other Social Meeting Places.

A. All structures shall be set back a minimum of fifty (50) feet and any parking areas a minimum of 100 feet from any abutting residential lot line, residential zoning district, or recorded subdivision.

B. There shall be a minimum lot area requirement of two (2) acres.

(9) Commercial Recreation Facilities (Outdoor). All structures and activity areas, except off-street parking, shall be set back a minimum of 200 feet from all lot lines abutting a residential zoning district and a minimum of 100 feet from all other lot lines.

(10) Kennels.

A. All structures and activities related to the subject kennel use shall be set back a minimum of 100 feet from side and rear lot lines, except that when located adjacent to a residential zoning district, the following additional restrictions shall apply:

1. All non-soundproofed structures or areas where animals are confined shall be set back a minimum of 500 feet from any residential zoning district.

2. Soundproofed, air-conditioned buildings shall be set back a minimum of 100 feet from any residential zoning district.

B. All non-soundproofed structures for the confinement of animals shall be screened by a solid fence or wall a minimum of six (6) feet in height located within fifty (50) feet of the proposed structure.

C. Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

D. There shall be no burial or incineration of animals on the premises.

(11) Nursery Schools or Childcare Centers.

A. The minimum lot area shall be 10,000 square feet.

B. All structures and activity areas, except off-street parking, shall be set back a minimum of fifty (50) feet from the front lot line and a minimum of forty (40) feet from all other lot lines.

C. Outdoor play areas shall be permitted in the side and rear yards only and shall be enclosed with a fence or wall that is a minimum of five (5) feet in height. Such outdoor play areas shall not be subject to the setback requirements of subsection (b) above.

D. Unloading and loading of children from vehicles shall only be permitted in the approved parking area of the facilities. An on-site drop off area sufficient to accommodate a minimum of four vehicles shall be provided and shall be located in a manner not to obstruct movement in and out of established parking spaces.

(12) Restaurants.

A. A restaurant with drive-in and/or drive-through service, and restaurants that provide dancing or entertainment shall be set back a minimum of 100 feet from any residential zoning district.

B. All audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 300 feet of any residential dwelling unit.

(13) Self-Storage Facilities and Mini-Warehouses.

A. There shall be a minimum lot area requirement of two (2) acres.

B. There shall be a minimum setback of 150 feet between any residential zoning district and all buildings related to the use.

C. Lot coverage of all structures shall be limited to eighty percent (80%) of the lot area.

D. The only commercial uses permitted on-site shall be the rental of storage space and the pick-up and/or deposit of goods on the property in storage. Storage spaces, including outdoor storage areas, shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, small engines, or electrical equipment, or to conduct similar activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on-site.

E. A commercial accessory dwelling unit may be permitted in connection with office/watchman purposes.

F. Screening shall be required around the perimeter of the storage area. All storage units with access from the exterior of the building shall be located behind the screen unless otherwise approved by the City.

G. Outdoor storage is permitted with the exception of inoperative vehicles.

H. Interior landscaping shall be based on fifteen (15) square feet of landscaping per parking space required and will be distributed reasonably evenly across the lot area.

I. A twenty-five (25) foot wide landscaping buffer yard, parallel to the street frontage, equal to the property frontage, excluding ingress/egress drives, shall be landscaped with trees in the ratio of at least one tree for every 2,000 square feet or fraction thereof of the landscaped area. Landscaping shall consist of a variety of hardy evergreen planted material, including trees and low-medium-high profile shrubs, together with suitable ground cover that is either seeded with grass or mulched and maintained in such a manner as not to impair vehicle visibility. All required buffer yard landscaping shall be located outside of any fencing area. No advertising shall be allowed in the buffer yard.

J. All one-way driveways shall provide for one ten (10) foot wide parking lane and one fifteen (15) foot wide travel lane. Traffic direction and parking shall be designated by signage or driveway painting. All two-way driveways shall provide for one ten (10) foot wide parking lane and two twelve (12) foot wide travel lanes. The parking lanes may be eliminated when the driveway does not serve the storage units.

K. No gasoline or other motor vehicle fuel pumps or tanks shall be permitted on the premises.

(14) Sexually Oriented Businesses. Sexually oriented businesses in this district shall comply with the following requirements:

A. Sexually oriented businesses, as defined in this code, shall be permitted, provided the proposed location of such use is set back a minimum of 1,000 feet from the following uses:

1. Any residential zoning district as established by this code;

2. Any permanently established religious place of worship, school, library, or public playground attended by persons under the age of eighteen (18);

3. Any other recreational facility or amusement park attended by persons under the age of eighteen (18);

4. Any hotel, motel, or bed and breakfast lodging establishment;

v. Any other sexually oriented business;

5. Any establishment licensed by the State of Ohio for the sale of beer or intoxicating liquor for consumption on the premises;

6. Pawn shops; or

7. Pool or billiard halls.

B. The measure of distance for purposes of this subsection shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel.

C. The Zoning Commissioner shall consider only:

1. Whether the sexually oriented business is seeking to locate in a M-3 District; and

2. Whether the proposed location of the sexually oriented business is at least 1,000 feet from the uses listed in subsection (a) of this section.

3. The determination shall be made without a public hearing being held and must be made within ten (10) days of the effective date of this section or within ten (10) days of the receipt of a completed application for a zoning permit, whichever is less. An applicant or an aggrieved party may appeal a decision of the zoning commissioner to the Planning Commission pursuant to Section 1165.09 Appeals. Such appeal must be made within thirty (30) days of the claimed adverse decision. The Planning Commission shall hear and decide sexually oriented business appeals within thirty (30) days of the filing of the appeal by the applicant or aggrieved party. Further appeal shall be to a court of competent jurisdiction as provided by law.

(d) Industrial Use Classifications.

(1) Auto and Metal Salvage Operations (Junk Yards).

A. Auto and metal salvage operations shall be permitted only in an M-3 District.

B. Auto and metal salvage operations shall be effectively screened on all sides by means of an opaque screen or plantings.

1. Opaque screen shall be a minimum of eight (8) feet in height with no advertising thereon.

2. In lieu of such wall or fence, a strip of land not less than fifteen (15) feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six (6) feet in height, may be substituted.

3. The area outside the fence or screening shall be adequately maintained at all times.

(2) Building Materials Sales and Storage.

A. All structures and activity areas, except off-street parking, shall be set back a minimum of fifty (50) feet from all lot lines.

B. A plan illustrating outdoor storage and how it is to be screened shall be submitted as part of the site plan review process.

(3) Contractor Offices and Storage. All outdoor storage of equipment, supplies, and materials shall be subject to the outdoor storage requirements of Section 1169.10 Accessory Use and Structure Regulations.

(4) Crematory. A crematory shall be located a minimum of 200 feet from any residential zoning district.

(5) Mineral, Gravel, or Sand Extraction. The extraction, storage and processing of minerals, including removal of sand, gravel, clay, soils, and minerals of all types shall be conducted in accordance with the following requirements:

A. The performance requirements of Section 1173.05 Performance Standards shall be met.

B. Mineral extraction, storage or processing shall not be conducted closer than 500 feet from any residential zoning district, nor closer than 200 feet from any structure used for human occupancy in any other district.

C. Buildings and structures for which no future use is contemplated, and for which no other acceptable use is practicable or feasible, shall be demolished and removed upon completion of the mining operation.

D. The operator shall file a location map with the planning commission. The location map shall show the areas to be mined and the location of adjacent properties, roads, and natural features.

E. The operator shall submit information on the anticipated depth of excavations, and on the depth and probable effect on the existing water table, public utilities, roads and surface drainage.

F. The operator shall file a detailed plan for the restoration of the area to be mined with the Planning Commission. The plan shall include the anticipated future use of the restored land; the proposed final topography indicated by contour lines of no greater intervals than five feet; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses, and other improvements contemplated.

G. The operator shall file a bond payable to the City and conditioned on the faithful performance of all requirements contained in the approved restoration plan.

1. The rate, per acre of property to be mined, of the required bond shall be determined by the Zoning Commissioner.

2. The bond shall be released upon written certification of the Zoning Commissioner that the restoration is complete and in compliance with the restoration plan.

(6) Marijuana Facilities, Dispensaries, and Cultivators. The Planning Commission shall review the particular facts and circumstances of each proposed Marijuana Facilities, Dispensaries, and Cultivators and consider the following:

A. No medical marijuana facility, dispensary, or cultivator shall be located within 500 feet of a residentially zoned area, school, church, public-park, public playground, or public library, consistent with state of Ohio spacing requirements, as provided in Ohio R.C. 3796.09 and 3796.10 and the analogous provisions in the Ohio Administrative Code.

(Ord. 8592. Passed 7-2-24.)

1169.09 OVERLAY ZONING DISTRICT REGULATIONS.

(a) CO College Overlay District Regulations.

(1) General Applicability. The CO District regulations apply to any structure, storage, use, practice, or operation within the CO District as defined on the zoning map or other supporting documentation adopted by the City. Whenever any property is proposed to be used or occupied or a building is to be erected, moved, or altered, it must be in conformity with the regulations of this section.

(2) Boundary Amendments. Any proposal to change the CO District boundaries as defined on the zoning map shall be deemed an application for a map amendment and shall be made in accordance with Section 1165.03 Zoning Text and Map Amendments and the following additional requirements:

A. Planning Commission shall not recommend enlargement of the CO District unless the land proposed to be included in the overlay district shares a contiguous boundary with the existing overlay district boundary for a continuous length equal to at least five percent (5%) of the perimeter of the land proposed for incorporation into the overlay district.

B. No ordinance amending CO District boundaries to reduce the area of the overlay district shall be effective until the same is submitted to and is approved by a majority of the electors voting on the question at the first regularly scheduled primary or general election to be conducted more than ninety (90) days following adoption of the ordinance by City Council.

(3) Permitted Uses. The permitted uses shall be those permitted in the base zoning district.

(4) Site Plan Review Required. Any demolition or improvement of a structure in the CO District requires site plan review and approval pursuant to Section 1165.06 Site Plan Review.

(5) Minimum Design Standards.

A. Building Facades.

1. Building facades facing a primary street shall incorporate a main entrance door on the primary street.

2. Exterior building facades shall be constructed of high-quality building materials that may include, but are not limited to:

a. Brick, predominantly red brick;

b. Glass;

c. Wood;

d. Stone, to include, cut natural stone, natural field stone and cast stone;

e. Stucco;

f. Decorative concrete masonry units; and

g. Exterior insulation and finish systems (EIFS) type finish; or

h. Equivalent products.

3. Predominant exterior building materials shall not include:

a. Common concrete blocks;

b. Smooth-faced concrete panels;

c. Sheet metal; and

d. Plywood, particle board, medium or high density fiber board, oriented strand board or similar sheet goods manufactured of wood or reconstituted wood.

4. Facades shall be of low-reflectance materials and finished in subtle, neutral or earth tone colors that are harmonious with the overall appearance, history and cultural heritage of the area. Building trim, accent areas and signage may feature brighter colors, including primary colors, when complementary to the coloration of the primary facade and consistent with the architectural design of the building.

B. Building frontages that face a primary street and exceed a width of fifty (50) feet shall include vertical visual elements to break the plane of the building frontage.

1. Such vertical elements shall be spaced at intervals of fifteen (15) feet to thirty-five (35) feet along the entire building frontage.

2. Equivalent techniques to reduce the apparent mass of a building may be permitted with prior approval of the Planning Commission.

C. Roof-mounted mechanical equipment shall be screened from public view.

1. The screening shall be of sufficient height to prevent a person from viewing the mechanical equipment from a public sidewalk (see Figure 1169.09-1).

Figure 1169.09-1: An example of rooftop screening used to screen equipment from pedestrian view.

2. The design, colors and materials used to conceal mechanical equipment from view shall be consistent with the architectural design and coloration of the building.

D. No system capable of producing amplified sound at a volume audible from the property line of any lot or parcel of land in a residential zoning district or special use district shall be installed on any property devoted to a nonresidential use.

E. Drive-through and pick-up windows shall not be permitted on the front façade of any building.

F. Dumpsters and Trash Receptacles.

1. Dumpsters and trash receptacles shall not be located in any required front yard setback.

2. Dumpsters and trash receptacles serving commercial or industrial uses shall not be located on the exterior of any building located in a residential zoning district.

a. This provision shall not be construed to prevent the temporary relocation of solid wastes collected within a building to an outdoor area for collection.

b. Solid wastes relocated to an outside area for collection shall be securely contained in an appropriate vessel to prevent dispersal by winds of foreseeable intensity and shall not be kept out-of-doors for more than four hours.

3. Exterior dumpsters and trash receptacles located in compliance with this section shall be concealed from view from all neighboring properties and public rights-of-way by opaque wood or vinyl fencing, permanent walls, or evergreen plantings and shall be made accessible by a wood, solid vinyl or similarly opaque gate.

a. Sufficient clearance shall be maintained between the gate and grade of the access way to assure operability of the gate during normal winter snow conditions.

b. The top of the gate shall be not less than six inches taller than the height of the dumpster. All other screening required by this subsection shall be six inches taller than the height of the dumpster or other trash receptacle.

G. Exterior lighting shall be positioned to avoid light spillage or glare onto adjoining properties and all public rights-of-way, and shall comply with Section 1173.03 Outdoor Lighting.

H. The surface of any pedestrian walkway that crosses a private driveway or parking area that is open to use by the general public shall be distinguished from adjacent pavement surfaces by the use of durable materials that are of a contrasting color and texture. Suitable materials for crosswalks include, but are not limited to:

1. Natural or reconstituted stone paving blocks;

2. Bricks;

3. Unglazed tile;

4. Scored or pressed concrete; and

5. Scored and painted asphalt.

I. The use of shared driveways and internal accesses to permit vehicular traffic between the parking areas of adjacent parcels without use of the public streets is encouraged.

(6) Signage Restrictions.

A. Signs in the CO District shall comply with the regulations in Chapter 1179 Sign Standards and Chapter 1337 Construction Standards for Signs and Advertising Structures of the Codified Ordinances.

B. Signs in the CO District may be internally or externally illuminated.

(7) General Landscape Requirements. Development in the CO District shall comply with the regulations in Chapter 1177 Landscaping and Buffer Standards.

(8) Off-Street Parking Area Landscape Requirements. Development in the CO District shall comply with the regulations in Section 1177.07 Interior Landscaping Requirements for Parking Areas.

(9) Variance Requests. Applications for variances to the CO District regulations shall be reviewed and processed in accordance with the procedures in Section 1163.05 Board of Zoning and Building Appeals and Section 1165.08 Variances. The planning commission shall review and recommend action on each variance application related to the CO District regulations.

(b) PUD Planned Unit Development Overlay District Regulations. See Chapter 1171 Planned Unit Development Overlay District Regulations for district regulations.

(Ord. 8592. Passed 7-2-24.)

1169.10 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. The following general provisions apply to all accessory uses or structures.

(1) The structure or use shall be incidental to and customarily found in connection with a principal building or use permitted in the district in which it is located.

(2) The structure or use shall be located on the same lot as the principal use for which it serves. An accessory structure or use may be located on an adjacent lot if the adjacent lot is under the same ownership as the lot on which the principal use is located.

(3) Unless otherwise stated in this section, a zoning permit shall be required prior to construction or establishment of an accessory use or structure.

(4) An accessory use or structure shall not be established unless a principal use has first been established on a site in conformance with the applicable provisions of this code.

(5) Unless permitted by the Planning Commission or City Council as part of a PUD approval, accessory uses and structures shall be prohibited in any open space area dedicated as part of a PUD.

(6) Unless otherwise permitted in this section, accessory uses or structures shall not be permitted within any required minimum front yard in any zoning district, unless approved by the Planning Commission. No accessory uses or structures shall be permitted between the main building and the front lot line.

(7) Accessory uses or structures in residential zoning districts must be set back a minimum of four feet from the side lot lines and at least six (6) feet from the rear lot lines. In addition, accessory structures in residential zoning districts the aggregate area of all accessory structures on a lot shall not exceed thirty percent (30%) of the total rear yard area.

(c) Table of Permitted Accessory Uses. Table 1169.10-1: Permitted Accessory Uses lists the accessory uses and structures allowed within all zoning districts. The following is an explanation of the abbreviations and columns in Table 1169.10-1: Permitted Accessory Uses.

(1) Permitted Use (P). A "P" in a cell indicates that an accessory use or structure is permitted by-right in the respective zoning district. Permitted accessory uses and structures are subject to all other applicable regulations of this code, including the additional standards set forth in this section.

(2) Permitted Use with Use-Specific Standards (PS).

A. A "PS" in a cell indicates that an accessory use or structure is allowed by-right in the applicable zoning district if it meets the additional standards set forth in the numerically referenced sections in the last column of Table 1169.10-1: Permitted Accessory Uses. Permitted uses and structures with use-specific standards are subject to all other applicable regulations of this section and zoning code.

B. Accessory uses and structures permitted with use-specific standards under this category are approved administratively by the zoning commissioner pursuant to the zoning permit review procedure (where required).

(3) Conditional Use (C). A "C" in a cell indicates that, in the respective zoning district, an accessory use or structure is permitted if reviewed and approved as a conditional use pursuant to Section 1165.07 Conditional Use Permit. Conditional uses are subject to all other applicable regulations of this code, including the additional standards set forth in this section.

(4) Prohibited Uses (Blank Cells). A blank cell indicates that the listed accessory use or structure is prohibited in the applicable zoning district.

(5) Zoning Permit Required. The "Zoning Permit Required" column indicates if a zoning permit is required for the applicable accessory use or structure.

(6) Yards Permitted. The "Yards Permitted" column indicates in which yards the applicable accessory use or structure is permitted. See also Chapter 1173 General Development Standards.

(7) Numerical References (Last Column). The numbers contained in the "Additional Regulations" column are references to additional standards and requirements that apply to the use and structure type listed. Standards referenced in the "Additional Regulations" column apply in all zoning districts unless otherwise expressly stated and may apply to a conditionally permitted accessory use and/or a permitted accessory use with use-specific standards.

TABLE 1169.10-1: PERMITTED ACCESSORY USES
USES P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL	F-P	S-1	A-1, R-1, R-2, R-3, R-4	B-1, B-2, B-3 OR	M-1, M-2, M-3	ZONING PERMIT REQUIRED	YARDS PERMITTED F = FRONT S = SIDE R = REAR	ADDITIONAL REGULATIONS
Accessory Dwelling Units			C	C		Yes	R	1169.10(d)(1)
Accessory Retail Sales				PS	PS	Yes	In principal building	1169.10(d)(2)
Amateur Radio Transmitter or Antennas					C	Yes	Any	1169.10(d)(3)
Automated Teller Machines (ATMs)				PS		Yes	F[1], S, R	1169.10(d)(4)
Beekeeping	PS	PS	C			No	R	1169.10(d)(5)
Community Gardens	PS	PS	C	C	PS	Yes	S, R	1169.10(d)(6)
Detached Accessory Garages or Buildings	C	P	P	P	P	Yes	R
Drive-Through Facilities				[2]	C	Yes	S, R	1169.10(d)(7)
Drop-Off Boxes				PS	C	Yes	Any	1169.10(d)(8)
Dumpsters		PS	PS	PS	PS	Yes	S, R	1169.10(d)(9)
Fences	C	P	P	P	P	Yes	See Section 1177.06 Screening Requirements
Home Occupations	C	PS	PS			Yes	In principal building	1169.10(d)(10)
Keeping of Chickens	PS	PS	PS			Yes	S, R	1169.10(d)(11)
Outdoor Dining Facilities				C		Yes	Subject to Review	1169.10(d)(12)
Outdoor Bulk Storage				PS	PS	Yes	S,R	1169.10(d)(13)
Outdoor Sales				C	C	Yes	Any	1169.10(d)(14)
Parking Lots	C			P	P	Yes	See Chapter 1175, Parking, Loading, and Mobility Standards
Porches or Decks	C	PS	PS	PS	PS	Yes	Any	1169.10(d)(15)
Roadside Stand		PS	PS	PS	PS	Yes	Any	1169.10(d)(16)

TABLE 1169.10-1: PERMITTED ACCESSORY USES (Cont.)
USES P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL	F-P	S-1	A-1, R-1, R-2, R-3, R-4	B-1, B-2, B-3 OR	M-1, M-2, M-3	ZONING PERMIT REQUIRED	YARDS PERMITTED F = FRONT S = SIDE R = REAR	ADDITIONAL REGULATIONS

Small Wind Energy Conservation Systems	C	C	C	C	C	Yes	Any	1169,10(d)(17)
Solar Panels	C	C	C	C	C	See Standards	R, Roof	1169.10(d)(18)
Stables, Private	C	PS	PS			Yes	S, R	1169.10(d)(19)
Swimming Pools, Community or Club	C	PS	PS	PS	PS	Yes	S, R	1169.10(d)(20)
Swimming Pools, Private	C	PS	PS	PS	PS	Yes	S, R	1169.10(d)(21)
Tennis Courts or Other Game Courts	C	PS	PS	PS	C	Yes	Subject to Review	1169.10(d)(22)
Tree Houses, Play Sets, or Trampolines	P	P	P			No	S, R
Unenclosed Patios	C	PS	PS	PS	PS	Yes	S, R	1169.10(d)(23)
Warehousing				P	P	Yes	S, R
Other Accessory Uses	C	C	C	C	C			1169.10(d)(24)
NOTES: [1] ATMs proposed in a front yard must obtain BZBA approval. [2] Drive-through facilities are allowed as conditional accessory uses in the B-1 and B-2 districts, and are allowed as permitted accessory uses in the B-3 and O-R districts.

(d) Accessory Use-Specific Standards.

(1) Accessory Dwelling Unit. Accessory dwelling units in residential zoning districts shall comply with the following standards:

A. Accessory dwelling units are allowed as accessory uses only to single-family detached dwellings, and are not allowed as accessory uses to two-family dwellings, townhouse dwellings, multi-family dwellings, or manufactured homes.

B. The principal dwelling shall be occupied by its owner.

C. Not more than one (1) accessory dwelling unit shall be allowed per single-family dwelling.

D. An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs apartment), or exist within or as a detached structure (e.g., an apartment above a detached garage or a guesthouse).

E. An accessory dwelling unit attached to the principal dwelling shall have an operative interconnecting door with the principal dwelling, and shall have a principal access only from the side or rear yard of the principal dwelling.

F. The gross floor area devoted to an accessory dwelling unit shall not exceed thirty-five percent (35%) of the total gross floor area of the principal dwelling to which it is accessory. The floor area of an accessory dwelling unit shall not be included as part of the floor area of the principal dwelling for calculation purposes of applying limits on home occupations or similar limits imposed by this code.

G. The use of a manufactured home, recreational vehicle, or a similar vehicle as an accessory dwelling unit is prohibited.

H. At least one, but no more than two (2), off-street parking spaces shall be provided for an accessory dwelling unit in addition to off-street parking required for the principal dwelling.

I. The addition of an accessory dwelling unit to a single-family detached dwelling shall not change the status of the dwelling as a single-family detached dwelling or the lot as the site of a single-family dwelling for purposes of applying intensity and dimensional standards.

(2) Accessory Retail Sales. Principal uses in the applicable zoning district may include some retail sales provided:

A. The floor area dedicated to retail sales is less than 10% of the total building floor area.

B. The retail sales take place in the principal building.

C. The retail sales are related to the services rendered, products stored, or products produced as part of the principal use.

(3) Amateur Radio Transmitter or Antenna. Noncommercial amateur radio antenna structures are permitted when in compliance with the following standards:

A. The structure is for use by licensed amateur radio operators.

B. Such towers shall not exceed 100 feet in height, except by conditional use permit.

C. The construction shall be of such type as may be required by the City to form a safe and durable structure.

D. Components of the antenna shall not be permitted to extend across the property line of the property on which the antenna is located.

E. The antenna structure shall be set back a distance equal to the height of the tower plus an additional twenty (20) feet.

(4) Automated Teller Machines (ATMs).

A. ATMs are permitted when attached to a principal building and meet the applicable architectural standards.

B. All ATMs must comply with the following:

1. No part of an ATM structure shall exceed fifteen (15) feet in height unless the ATM is built into the side of the principal building.

2. All structures and activity areas, except off-street parking, shall be set back a minimum of fifty (50) feet from all lot lines abutting a residential zoning district and a minimum of thirty-five (35) feet from all other lot lines.

3. All ATMs shall be subject to the vehicle stacking requirements of Chapter 1175 Parking, Loading and Mobility Standards.

C. If an ATM is built into a drive-through facility, such facility shall be subject to the requirements of Subsection 1169.10(d)(7) Drive-Through Facilities.

D. To the maximum extent feasible, ATMs shall be located in the side or rear yard.

(5) Beekeeping. Beekeeping is permitted provided that:

A. The principal use is a single-family dwelling.

B. No more than two (2) hives are permitted on lots less than one (1) acre.

C. A beehive shall be kept no closer than ten (10) feet to any lot line and no closer than twenty-five (25) feet to any residential structure on an adjacent lot, or shall comply with the setbacks of the applicable zoning district, whichever is greater.

D. The front of any beehive shall face away from the property line of the adjoining residential property closest to the beehive.

E. A solid fence or dense hedge, known as a flyaway barrier, at least five (5) feet in height shall be placed around the beehive. A boundary fence or hedge at least five (5) feet in height may be used to meet this requirement. No such flyaway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines and for beehives that are located on porches or balconies at least ten (10) feet above grade, except if such porch or balcony is located less than five (5) feet from a property line.

F. No Africanized bees may be kept on a property.

G. A supply of fresh water shall be maintained in a location readily accessible to all beehives on the property.

(6) Community Gardens.

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

B. Community gardens shall be subject to the provisions of Subsection 1169.08(b)(1) Community Gardens.

(7) Drive-Through Facilities.

A. All points of entrance or exit shall be set back a minimum of 100 feet from the intersection of any streets and shall meet access management requirements.

B. Drive-through facilities shall be subject to the vehicle stacking requirements of Chapter 1175 Parking, Loading and Mobility Standards.

C. 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.

D. 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 the rear of the principal structure.

E. 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.

F. A fence or screen between four (4) and six (6) feet in height shall be constructed along any property line abutting a residential zoning district.

G. See regulations in Chapter 1179 Sign Standards for regulations addressing menu board signs.

H. These standards shall not apply to carry-out restaurants where a customer can pick up pre-ordered food either at a window or in the principal use.

(8) Drop-Off Boxes. Drop-off boxes and dumpster style recycling collection containers for public use are permitted in accordance with the following standards:

A. A drop-off box may be located in any yard area, but shall not be located in any area that is required to be landscaped.

B. Drop-off boxes must be placed on a hard paved surface and located outside of driveways and parking spaces required in conformance with Chapter 1175 Parking, Loading and Mobility Standards.

C. Drop-off boxes must either be enclosed per the requirements of Section 1177.06 Screening Requirements or kept in a clean, new appearing condition. Drop-off boxes which are not kept within an enclosure shall not have dents, any deformation to the outside painted surface, any dirt or residue on the outside surface, graffiti, etc.

D. If two (2) or three drop-off boxes are kept on a site, all boxes shall be kept within a common enclosure in conformance with Section 1177.06 Screening Requirements. The common enclosure for multiple boxes shall not be located in any area that is required to be landscaped, nor shall it be located in front yard or corner side yard areas. No more than three (3) boxes may be kept on a single site.

E. Each drop-off box shall be limited in size to ten (10) cubic yards and shall have a lid.

F. Recycling collection containers for private, on-site use only are considered trash and/or garbage collection areas and are subject to the provisions of Subsection 1169.10(d)(9) Dumpsters.

(9) Dumpsters. The dumpster shall be screened on a minimum on three sides to a height that fully screens the use in conformance with Section 1177.06 Screening Requirements, unless otherwise required in this zoning code.

(10) Home Occupations. Home occupations shall be subject to the following conditions in addition to any other applicable use standards of the applicable zoning district:

A. A person whose principal employment is outside of the home but who temporarily works out of a home office shall not be considered as operating a home occupation subject to these standards.

B. Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be completely conducted within the dwelling.

C. The external appearance and/or use of the structure or lot in which the home occupation is conducted shall not be altered to indicate the presence of the home occupation.

D. There shall be no outside storage of any kind related to the home occupation. No display of the products shall be visible from the street.

E. No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupation, shall be created.

F. No equipment, process, materials, or chemicals which create offensive noises, vibration, smoke, dust, odor, heat, glare, or electrical disturbances shall be utilized in the home occupation.

G. No more than one (1) home occupation shall be permitted within any single dwelling unit.

H. Delivery of any materials necessary for a home occupation shall be limited to automobiles, light duty trucks (e.g., typical FedEx or UPS home delivery vans and trucks) or vans.

I. No building or structure shall be used to operate a business, store equipment used for a business, or serve as a location where multiple employees meet or park prior to going to work off-site.

J. Hours of operation for a home occupation that entails client visits or incoming deliveries is restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week.

K. No sign, other than one non-illuminated nameplate, two (2) square feet in area and mounted flat on the front face of the dwelling or on a driveway lamppost, shall be erected or maintained on the premises.

L. In those instances when the Zoning Commissioner denies an application, or if the zoning commissioner is uncertain of the appropriateness of a proposed home occupation, the matter may be appealed or taken to the Planning Commission for interpretation.

M. The following are examples of permitted home occupations:

1. Clerical and other similar business services;

2. Instruction in music, dance or other type of teaching that does not require an expansion in parking;

3. The office of a professional accountant, attorney, broker, consultant, insurance agent, realtor, architect, engineer, sales representative, and similar office oriented occupations;

4. Artists, sculptors, photographers, and other providers of home crafts;

5. Barber shop/beauty salon with a maximum of one chair;

6. A licensed massage therapist who provides massage therapy for a maximum of one client at any given time; or

7. Any similar use as determined by the Zoning Commissioner.

(11) Keeping of Chickens. The keeping of up to four (4) chickens is permitted provided that:

A. The principal use is a single-family dwelling.

B. No person shall slaughter any chickens for commercial sales.

C. The chickens shall be provided with a covered enclosure for protection from the elements.

D. Chickens must always be confined within a fenced area of the yard at all times.

E. A covered enclosure or fenced area shall be located no closer than twenty-five (25) feet to any residential structure on an adjacent lot, or shall comply with the setbacks of the applicable zoning district, whichever is greater.

F. The property on which chickens are kept adheres to the odor and other performance standards of Section 1173.05 Performance Standards.

(12) Outdoor Dining Facilities.

A. Outdoor dining areas in a public right-of-way shall be prohibited, except in the B-2 District.

B. Outdoor dining areas on a private property shall be regulated as follows:

1. An outdoor dining area may be allowed as an accessory use to a restaurant with an indoor eating area on the same site; provided the outdoor dining area shall not replace any off-street parking, loading, or landscaping areas as may be required by this code.

2. 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 an area that is closed to vehicular traffic, no railing or fencing shall be required.

3. Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard.

4. Enclosing an outdoor dining area 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 zoning permit.

C. The location of outdoor dining areas is subject to review by the City to ensure that access to the building and pedestrian walkways are not obstructed.

D. Outdoor dining areas may be permitted in the front yard in the B-2 District provided that the area is located along the sidewalk or walkway adjacent to the building in the front yard.

E. Outdoor dining areas may be permitted in the side or rear yard.

F. Outdoor dining areas that are not located adjacent to the principal building shall not be located more than twenty (20) feet away from the principal building.

G. The location of the outdoor dining area shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five (5) feet of sidewalk or walkway shall be clear to allow for safe pedestrian movement.

H. Outdoor dining areas may be permitted in the front yard, away from sidewalks and buildings, under the following provisions:

1. The outdoor dining area shall not reduce the amount of off-street parking spaces provided to a number below the minimum number of required spaces; and

2. No more than 2,400 square feet of the front yard (exclusive of dining areas on a sidewalk or walkway) shall be dedicated to outdoor dining.

(13) Outdoor Bulk Storage. Outdoor bulk storage areas may be permitted where such storage areas comply with the following standards:

A. Outdoor bulk storage shall not interfere with parking or the sale and unobstructed use of vehicular or pedestrian access ways or walkways.

B. Outdoor bulk storage shall comply with all applicable state and federal regulations.

C. Outdoor bulk storage areas are located in the side or rear yard. In no case shall the outdoor storage of goods be permitted between a principal building and a street.

D. Storage of any goods or materials shall not exceed six (6) feet in height unless the storage is fully screened by a six (6) foot high opaque screen that is architecturally compatible with the principal structure in material type and color.

E. The use of banners, pennants, strings of pennants, or similar decoration shall not be included in outdoor bulk storage.

(14) Outdoor Sales. Temporary and permanent facilities for outdoor sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to the principal use may be permitted upon compliance with the following:

A. Outdoor sales areas may be permitted provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building in the front yard.

B. Outdoor sales are not permitted in the right-of-way, except in the B-2 District.

C. Outdoor sales areas may also be permitted in the side or rear yard.

D. Outdoor sales areas that are not located adjacent to the principal building shall not be located more than twenty (20) feet away from the principal building.

E. The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five (5) feet of sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

F. Outdoor sales areas may be permitted in the front yard, away from sidewalks and buildings, under the following provisions:

1. The outdoor sales area shall not reduce the amount of off-street parking spaces provided to a number below the minimum number of required spaces; and

2. No more than 2,400 square feet of the front yard (exclusive of display areas on a sidewalk or walkway) shall be dedicated to outdoor sales.

(15) Porches or Decks.

A. Porches or decks that are enclosed (with screening or other materials), have a roof, or that are physically attached to the principal structure shall meet the setback requirements for principal buildings in the applicable zoning district. See Chapter 1173 General Development Standards.

B. Unenclosed porches and decks may encroach into required setbacks in accordance with Chapter 1173 General Development Standards.

(16) Roadside Stands.

A. A roadside stand shall only be permitted where at least fifty percent (50%) of the total value sold from the stand is derived from produce raised on farms owned or operated by the stand operator in a normal crop year.

B. Off-street parking shall be provided as required in Chapter 1175 Parking, Loading and Mobility Standards.

C. One monument sign may be permitted provided it does not exceed twelve (12) square feet in sign area, six feet in height, and only external illumination is used.

(17) Small Wind Energy Conservation Systems.

A. Small wind energy systems that are attached to a roof or structure are permitted provided that the measurement from the average grade to the tip of the blade of the system does not exceed the maximum height of buildings permitted in the applicable zoning district.

B. Stand-alone small wind energy systems may be permitted on lots with a minimum lot area of one (1) acre. The pole or supporting structure shall be set back a minimum of fifty (50) feet from any lot line.

C. The maximum height shall be seventy-five (75) feet measured from the average grade to the highest point on the blade.

D. The height and location of a stand-alone small wind energy system shall be such that if the system were to collapse it would fall within the boundaries of the subject lot.

(18) Solar Panels.

A. Roof-mounted solar panels that are visible from a public right-of-way shall be flush-mounted to the roof or may be elevated on one side of the panel to a distance that does not exceed six (6) inches as measured from the roof surface to the top of the panel.

B. Roof-mounted solar panels that are not visible from a public right-of-way shall not be elevated from the roof surface more than two (2) feet.

C. Roof-mounted solar panels shall not require a zoning permit.

D. Freestanding solar panels shall be limited to a maximum height of five (5) feet and shall be located in the rear yard. Such freestanding solar panels shall require a zoning permit.

(19) Stables, Private. A private riding stable shall only be permitted as an accessory use on lots with a minimum area of five (5) acres.

(20) Swimming Pools, Community or Club.

A. A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club, for the use and enjoyment by members of the association or club and their families.

B. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:

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

2. The pool and accessory structures thereto, including the areas used by the bathers, shall be no closer than 100 feet to any property line of the property on which it is located.

3. The swimming pool, and all of the area used by the bathers, shall be so walled or fenced as to prevent uncontrolled access by children from the street and adjacent properties. The enclosure shall not be less than six (6) feet in height and shall be maintained in good condition.

4. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except the door of any dwelling which forms a part of the enclosure need not be so equipped.

(21) Swimming Pools, Private.

A. A private swimming pool shall be any pool, pond or open tank not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than one and one-half (1 ½) feet. Wading pools, landscape pools, and similar decorative pools which have a depth of one and one-half (1 ½) feet or less are exempt from the provisions of this section.

B. No swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet, or with an area of less than 100 square feet, shall be allowed in any residential or business zoning district except as an accessory use, and unless it complies with the following conditions and requirements:

1. It shall not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten (10) feet to any property line of the property on which it is located or within any required front yard or side yard.

2. The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The enclosure is to be not less than four (4) feet in height and maintained in good condition, with a gate and lock. Above ground swimming pools that are forty-eight (48) inches or more above grade on all sides may be secured by a ladder that is removed or locked up when not in use.

3. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except that door of any dwelling which forms a part of the enclosure and need not be so equipped.

4. As an exception to the fencing required for single-family residential swimming pools, an automatic safety pool cover shall be permitted, subject to the provisions herein. This provision does not apply to community or club swimming pools. The safety pool cover shall at minimum:

a. Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;

b. Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;

c. Be capable of supporting a 400 pound imposed load upon a completely drawn cover;

d. Be installed with track, rollers, rails, guides, or other accessories necessary to accomplish subsections a. through c. above, in accordance with the manufacturer's instructions; and

e. Bear an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any.

(22) Tennis Courts or Other Game Courts. Tennis courts or other game courts shall be set back five (5) feet from all lot lines.

(23) Unenclosed Patios. All unenclosed patios shall meet the required setbacks of the applicable district unless otherwise permitted in Subsection 1169.10(d)(15) Porches or Decks.

(24) Other Accessory Uses.

A. Other accessory uses in a residential zoning district shall be subject to a conditional use review (See Section 1165.07 Conditional Use Permit).

B. Other accessory uses in a nonresidential zoning district may be permitted by the Zoning Commissioner if they are customarily found in conjunction with and required for the full utilization and economic viability of the principal business use. The Zoning Commissioner shall have the authority to determine that a proposed accessory use (not otherwise defined in Table 1169.10-1: Permitted Accessory Uses shall be subject to conditional use review (See Section 1165.07 Conditional Use Permit).

(Ord. 8592. Passed 7-2-24.)

1169.11 TEMPORARY USE REGULATIONS.

(a) Purpose. This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses 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 special events shall not involve the construction or alteration of any permanent building or structure.

(b) Permitted Temporary Uses and Structures Table. Table 1169.11-1: Permitted Temporary Uses and Structures summarizes allowed temporary uses and structures and any general or specific standards that apply. Temporary uses or structures not listed in the table are prohibited.

TABLE 1169.11-1: PERMITTED TEMPORARY USES AND STRUCTURES
TEMPORARY USE OR STRUCTURE	ALLOWABLE DURATION (PER SITE) [1]	PERMIT REQUIRED	ADDITIONAL REQUIREMENTS
Construction Dumpster	Until completion of construction	No	1169.11(d)(1)
Construction Office or Trailer	Until completion of construction	Yes	1169.11(d)(1)
Gravel Surface Parking Lots	Until issuance of an occupancy permit	No	1169.11(d)(2)
Real Estate Sales Office/Model Sales Home	While lots are for sale	Yes	1169.11(d)(3)
Seasonal Agricultural Sales	90 days per calendar year	Yes	1169.11(d)(4)
Temporary Events on Private Property	14 days per calendar year	Yes
Temporary or Mobile Food Sales	90 days per calendar year	Yes	1169.11(d)(5)
Temporary Storage in a Portable Container	45 days	No	1169.11(d)(6)
Temporary Structure for Institutional Use	1 Year	Yes
NOTE: [1] The allowable duration is cumulative for all uses on a property.

(1) Obtain a zoning permit, where required, pursuant to Table 1169.11-1: Permitted Temporary Uses and Structures.

(2) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

(3) Be compatible with the principal uses taking place on the site.

(4) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods.

(5) Not include permanent alteration to the site.

(6) Not maintain temporary signs associated with the use or structure after the activity ends.

(7) Comply with the sign and parking regulations of this code.

(8) Not violate the applicable conditions of approval that apply to a site or use on the site.

(9) Not interfere with the normal operations of any permanent use located on the property.

(10) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.

(11) Be restricted to one temporary use per parcel; multiple temporary uses are not allowed on a single property.

(d) Specific Regulations for Certain Temporary Uses and Structures.

(1) Construction Dumpsters and Trailers.

A. Temporary construction dumpsters shall be permitted provided that the use is:

1. Located outside of the public right-of-way;

2. Located to the side or rear of the site, to the maximum extent feasible;

3. Located as far as possible from lots containing existing developments;

4. Not located within a flood plain or otherwise obstructing drainage flow; and

5. Not placed within five (5) feet of a fire hydrant or within a required landscaping area or buffer yard.

B. Temporary construction trailers or temporary buildings used in conjunction with construction work shall be permitted provided that the use is:

1. Used during the period construction work is in progress and removed upon completion of construction work;

2. Located on the same site or in the same development as the related construction;

3. Not located within a required open space set-aside or landscaping area or buffer yard; and

4. Associated with development subject to a valid building permit.

(2) Gravel Surface Parking Lot.

A. A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved site plan.

B. A solid surface or gravel access drive shall be provided so vehicles may access the parking lot from a public street.

(3) Real Estate Sales Office/Model Home. One temporary real estate sales office or model home per builder or developer shall be permitted in a section or phase of a new residential or nonresidential development, provided that the use:

A. Is located on a platted lot;

B. Is aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping;

C. Is operated by a developer or builder active in the same phase or section where the use is located; and

D. Is removed or the model home is converted into a permanent residential use once all lots are sold.

(4) Seasonal Agricultural Sales. Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in any zoning district in accordance with the following standards:

A. The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking-space availability.

B. The sale of goods shall not occur within the public right-of-way, or within 200 feet of a dwelling.

C. The range of goods or products available for sale shall be limited to non-processed products obtained primarily through farming or agricultural activities including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy products.

D. The hours of operation of the seasonal sale of agricultural products shall be from 7:30 a.m. to 10:00 p.m., or the same hours of operation as a principal use on the same lot, whichever is more restrictive.

E. If located in a residential district, such sales shall be accessory to an established permitted nonresidential use in the district, and shall be located on the premises of such use.

(5) Temporary or Mobile Food Sales. Temporary or mobile food sales uses are permitted subject to the following minimum standards:

A. Proof of health and food safety permits and licenses shall be provided to the zoning commissioner.

B. City approval, including any required licenses or right-of-way use permits, are required when located on public property.

C. Temporary or mobile food sales uses may not be located on private property in such a manner to reduce required parking spaces below minimum parking standards as stipulated in Chapter 1175 Parking, Loading and Mobility Standards.

D. Temporary or mobile food sales shall not be located to obstruct vehicular or pedestrian access.

E. Adequate receptacles for trash collection shall be provided.

F. Temporary or mobile food sales shall not be located within any required landscape areas or buffer yards.

(6) Temporary Storage in a Portable Container. Temporary storage in a portable container shall be allowed to serve a permitted use provided it is placed on a paved surface.

(Ord. 8592. Passed 7-2-24.)

Defiance City Zoning Code

CHAPTER 1169

Zoning Districts and Use Regulations

1169.01 PURPOSE.

The purpose of this chapter is to establish zoning districts in order to:

(a) Realize the general purpose set forth in Chapter 1161 General Provisions of this Zoning Code;

(b) Classify, regulate and restrict the location of residential, commercial, industrial, recreational, public, and other land uses and the location of buildings designated for specified uses;

(d) Regulate the height, number of stories, and site of buildings and other structures hereafter erected or altered;

(e) Establish building setback lines, sizes of yards, and other open spaces within and surrounding such buildings; and

(f) Regulate the density of population within the City of Defiance to the fullest extent allowed by law.

(Ord. 8592. Passed 7-2-24.)

1169.02 ESTABLISHMENT OF ZONING DISTRICTS.

(a) Districts Established.

(1) For the purposes of this code, all land within the incorporated territory of Defiance, Ohio, is hereby divided into the districts established in Table 1169.02-1: Zoning Districts.

TABLE 1169.02-1: ZONING DISTRICTS
ABBREVIATION	DISTRICT NAME
OPEN AIR ZONING DISTRICTS
F-P	Flood Plain District
S-1	Special District
A-1	Agriculture District
RESIDENTIAL ZONING DISTRICTS
R-1	Low Density Residence District
R-2	Medium Density Residence District
R-3	Medium to High Density Residence District
R-4	Mobile Home Parks District
BUSINESS ZONING DISTRICTS
O-R	Office -Residential District
B-1	Neighborhood Business District
B-2	Central Business District
B-3	Highway and General Business District
B-4	Community Shopping Center District
INDUSTRIAL ZONING DISTRICTS
M-1	Restricted Industrial District
M-2	Limited Industrial District
M-3	General Industrial District
OVERLAY ZONING DISTRICTS
CO	College Overlay District
PUD	Planned Unit Development Overlay District