Edon City Zoning Code
CHAPTER 1179
Supplemental Regulations and Exceptions
1179.01 GENERAL.
The purpose of supplementary district regulations is to set specific conditions for various uses, classification of uses, or areas where problems are frequently encountered.
(Ord. 05-08. Passed 4-10-08.)
1179.02 CONVERSION OF DWELLINGS TO MORE UNITS.
A residence shall not be converted to accommodate an increased number of dwelling units unless:
(a) The yard dimensions still meet the yard dimensions required by the Zoning Regulations for new structures in that district.
(b) The lot area per dwelling equals the lot area requirements for new structures in that district.
(c) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
(d) The conversion is otherwise in compliance with this Ordinance (e.g., property is zoned for double- or multi-family use) and all other relevant codes and ordinances.
(Ord. 05-21. Passed 7-19-21.)
1179.03 PRIVATE SWIMMING POOLS.
No private swimming pool ("pool"), exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than 100 square feet, shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
(b) A pool may not be located closer than ten (10) feet to any property line. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
(c) Elevated decks for above-ground pools shall not be located closer than ten (10) feet to any property line.
(d) The swimming pool or the entire property behind the front building line on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than four (4) feet in height, and shall be maintained in good condition with a gate and a lock. The wall or fence is not required for a completely above ground pool.
(e) Before construction commences, the petitioner shall obtain a zoning permit under Chapter 1193, a fence permit (where required), and all permit fees shall be paid.
(f) Pools, including above ground pools, may not be located in the front yard of the lot without a variance from the Planning and Zoning Commission.
(Ord. 06-16. Passed 12-19-16.)
1179.04 COMMUNITY AND CLUB SWIMMING POOLS.
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities and shall comply with the following conditions and requirements:
(a) The pool is intended solely for the enjoyment of the members and families under whose ownership or jurisdiction the pool is operated.
(b) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than fifty (50) feet to any property line.
(c) The swimming pool, and all of the area used by the bathers, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six (6) feet in height and shall be maintained in good condition.
(d) Before construction commences, the petitioner shall obtain a zoning permit under Chapter 1193, a fence permit (where required), and all permit fees shall be paid.
(Ord. 05-08. Passed 4-10-08.)
1179.05 TEMPORARY BUILDINGS.
Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Planning and Zoning Commission.
(Ord. 05-08. Passed 4-10-08.)
1179.06 PARKING AND STORAGE OF CERTAIN VEHICLES.
(EDITOR’S NOTE: Former Section 1179.06 was repealed by Ordinance 06-21, passed June 21, 2021.)
1179.07 FENCE REGULATIONS.
Fences, plant material, and similar screening devices that are between the principal building and a street, and parallel to, or nearly parallel to, the front lot line and front wall of the principal building are permitted provided that height of such devices does not exceed forty-two (42) inches from the ground to the highest point of the fence, unless the fence is used for a public pool, as defined in Section 1179.04 of this Ordinance for fences that are no closer to the front lot line than the principal structure and parallel to, or nearly parallel to, a side lot line, man-made fences or screening devices shall not exceed six (6) feet in height. For fences that are behind a principal structure and parallel to, or nearly parallel to, a rear lot line, man-made fences or screening devices shall not exceed six (6) feet in height on the side or rear of lot.
(b) Maintenance. All fences shall be properly maintained by the-owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness in the case of a fence, wall, or other man-made object, and trimming, pruning, cutting, and other landscaping in the case of a hedge or other planting so that there is no aesthetic detriment to the surrounding area.
(c) Permits. All fences, regardless of type or height, require an approved fence permit.
(d) Variances. Any deviation from these regulations require a variance from the Planning and Zoning Commission.
(Ord. 05-08. Passed 4-10-08.)
1179.08 ARCHITECTURAL PROJECTIONS.
Open structures such as fireplace chases, porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached and shall not project into the required minimum front, side, or rear yards.
(Ord. 05-08. Passed 4-10-08.)
1179.09 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in this Zoning Ordinance do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
(Ord. 05-08. Passed 4-10-08.)
1179.10 ENFORCEMENT PROVISIONS.
The Zoning Inspector or Planning and Zoning Commission, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which any dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(Ord. 05-08. Passed 4-10-08.)
1179.11 PERMITTED HOME OCCUPATIONS.
Home occupations are an accessory use which is clearly subordinate to the use of a premises as a dwelling. Home occupations may include offices of professionals such as attorneys, physicians, engineers/architects, insurance agents, realtors, or may include the production of small craft items. No home occupation may, however, include a use in which customers frequently enter the premises at more than one customer at a time to receive goods or services provided. Further, home occupations must meet the following requirements:
(a) No more than one person is employed in the home occupation, other than residents of the home.
(b) The space devoted to the home occupation shall not exceed twenty-five percent (25%) of the total floor area of the residence, nor shall it occupy more than twenty- five percent (25%) of a private garage or similar accessory building.
(c) There shall be no external evidence of the home occupation, except for a single, non-illuminated sign affixed to the residence or accessory building in accordance with Chapter 1187.
(d) No goods produced off the premises may be brought to the property and sold on the premises.
(e) No external alterations, construction, or reconstruction of the premises may be made to accommodate the home occupation.
(f) No goods produced shall be displayed outside any building.
(Ord. 05-08. Passed 4-10-08.)
1179.12 CHILD CARE OR DAY CARE FACILITIES.
(a) Child care or day care facilities with an average daily attendance of six (6) children or less are allowed in any residential district. No zoning permit is required for this type of child care.
(b) Child care or day care facilities with between seven or more children, in average daily attendance, may also be allowed in any residential district. The petitioner shall be required to register with Ohio Job and Family Services per Ohio Revised Code Chapter 5104. The child care or day care facility shall provide proof of registration with Ohio Job and Family Services upon request of the Zoning Inspector.
(Ord. 05-21. Passed 7-19-21.)
1179.13 MANUFACTURED HOMES AND MOBILE HOMES.
Manufactured homes permitted in any residential district shall meet the following minimum standards in addition to all applicable sections of this zoning ordinance:
(a) The principal roof of the manufactured home shall have a minimum of 3/12 pitch.
(b) Wall thickness of the primary exterior wall shall have a minimum thickness of 4 -9/16 inches.
(c) The manufactured home shall be designed for affixing to a permanent foundation and shall be considered a permanent improvement to the property.
(d) A home that was designed as a mobile home in accordance with the definitions found in Chapter 1143 shall not be considered a manufactured home, even if the wheels are removed and it is affixed to a permanent foundation, and shall not be permitted in any district other than in manufactured home parks.
(e) A mobile home that is non-conforming at the time of passing of this Ordinance shall be registered with the Village within ninety days of passage of this Ordinance.
(f) Mobile homes that are registered with the Village of Edon may be replaced only if the mobile home is destroyed by fire or other natural act of God. The mobile home shall be replaced with the same size mobile home. Any variation in the size of the mobile home shall require a variance from the Planning and Zoning Commission.
(Ord. 05-08. Passed 4-10-08.)
1179.14 OUTDOOR WOOD BOILERS.
(a) Definitions. For the purposes of this section the following words and phrases shall have the meaning given herein:
(1) "Clean Wood" means wood that has no paint, stain, or other types of coatings, and wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
(2) "Property Line" means a line bounding a lot, which divides one lot from another or from a street or any other public or private space.
(3) "Nuisance" means emission of air contaminants to the outdoor atmosphere of such quality, characteristic or duration that is injurious to human, plant or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life or property.
(4) "Outdoor Wood Boiler" means a fuel burning device:
A. Designed to burn wood or other solid fuels;
B. That the manufacturer specifies for outdoor installation or in structures not normally occupied by humans; and
C. That heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
(b) Permit Required. No person shall install, use, operate or maintain an outdoor wood boiler without first having obtained a permit from the Zoning Inspector.
(c) Applications.
(1) Every person required to obtain a permit to own, operate, or maintain an outdoor wood boiler under the provisions of this chapter shall submit an application for such permit to the Zoning Inspector that identifies the location of the property with a street address and tax map and lot number, the name address and telephone number of the applicant and any co-applicants, as well as agents for the same.
(2) Every applicant shall submit a scaled drawing of the property, identifying the property boundaries, depicting and labeling any structures on the property, and identifying the property lines, the proposed location of an outdoor wood boiler on the lot and its distance from property lines.
(3) All applications shall be signed by the owner or owners of the property, lessee, or other person having legal control of the property, certifying that the information in the application is complete and correct. If the person signing the application is not the owner or lessee of the property, then that person shall submit a letter of authorization from the owner or lessee.
(4) The application shall be accompanied by a non-refundable application fee bearing a reasonable relationship with the costs incurred by the Village in the administration and enforcement of this chapter, which fee shall be established by the Village Council and may be amended from time to time.
(d) Existing Outdoor Wood Boilers. Within sixty (60) days of the effective date of this section, any person operating or maintaining an outdoor wood boiler shall apply to the Zoning Inspector for a permit to maintain the outdoor wood boiler. If an application is made within the time required, the use may continue pending consideration by the Zoning Inspector. If the application is granted, the use shall comply with the provisions of this section.
(e) Permit Standards. An outdoor wood boiler shall comply with the following requirements:
(1) Permitted Fuel. Only clean wood is permitted to be burned in an outdoor wood boiler. Burning any other material in an outdoor wood boiler is expressly prohibited and is a violation of this section.
(2) Emissions Standard. No person shall own, operate or maintain an outdoor wood boiler unless it meets a particulate matter emission limit of 0.32 pounds per million British Thermal Units ("lbs/MMBtu") heat input.
(3) Setback and Stack Height Requirements.
A. No person shall install, own, operate or maintain an outdoor wood boiler that has been certified to meet a particulate matter emission limit of 0.32 lbs/MMBtu, unless the outdoor wood boiler:
1. If no residence is located within 300 feet from the outdoor wood boiler, the outdoor wood boiler shall be installed at least 100 feet from the nearest property line and have an attached stack with a minimum stack height of 10 feet above ground level;
2. If a neighboring residence is located within 300 feet from the outdoor wood boiler, the outdoor wood boiler shall be installed at least 100 feet from the nearest property line and have a permanent stack height extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler.
(4) Certification. No person shall own, operate or maintain an outdoor wood boiler in the Village unless the outdoor wood boiler has received certification pursuant to the United States Environmental Protection Agency Outdoor Wood-Fired Hydronic Heater Program or an alternative certification program approved by the Maine Department of Environmental Protection for certification of outdoor wood boilers. The certification shall demonstrate that the outdoor wood boiler meets the applicable emission standard of this section.
(5) Months of Operation. Outdoor wood boilers may be operated only between October 15 and April 15 of each year.
(6) Nuisance. No person shall operate an outdoor wood boiler in such a manner as to create a nuisance.
(7) Replacements. If an outdoor wood boiler is replaced or upgraded, a permit shall be required pursuant to above and shall comply with all provisions of this section.
(f) Enforcement and Administration.
(1) Enforcement.
A. The Zoning Inspector or his designee shall enforce the provisions of this section. If, after investigation, the Zoning Inspector finds that any provision of this section is being violated, he shall notify in writing the person responsible for such violation, and order the action necessary to correct it. A copy of the notice shall be maintained as a permanent record.
B. When the above action does not result in the correction or abatement of the violation or nuisance condition, the Mayor, upon notice from the Zoning Inspector, may institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this section in the name of the Village.
C. Any person who installs, operates or maintains an outdoor wood boiler in the Village without a permit or in violation of this section, shall be subject to such fines, penalties, actions and orders as are authorized by the Zoning Code, as the same may be amended from time to time. A fine or penalty may be imposed for each violation. Each day of violation shall constitute a separate offense with respect to each violation.
(2) Permit Suspension. The Zoning Inspector may immediately suspend any permit issued pursuant to this section if the Zoning Inspector determines that an outdoor wood boiler is operated in violation of this section and such operations poses an immediate threat to the health, safety or welfare of the residents of the Village. An outdoor wood boiler shall not be operated during the period in which the permit is suspended. A suspended permit shall be reinstated once the condition that gave rise to the suspension is remedied. Recurrence of a condition which previously resulted in suspension of a permit shall be considered a violation of this section and be subject to the penalties provided herein.
(3) Appeals. An outdoor wood boiler owner may appeal, in writing, the denial of an application, the notice fo violation from the Zoning Inspector or a suspension of a permit to the Planning Commission. The Planning Commission shall consider such appeals in open session and may include, at its discretion, testimony by the property owner, testimony by the Zoning Inspector, witnesses, and members of the general public. Any appeals upheld by the Planning Commission must find, at a minimum, that the Zoning Inspector deviated from the conditions detailed in this section and state specifically what those deviations were as part of its decision. If the decision of the Zoning Inspector is upheld, the suspension of the permit will continue until such time as the boiler is brought into compliance with this section or discontinued from use. During the appeal process, however, the outdoor wood boiler shall not be used in order to protect the health, safety, and welfare of the neighborhood.
(g) Variance. Notwithstanding anything contained in the Zoning Code or other Codified Ordinances of Edon, no variance shall be granted deviating the terms of this section.
(h) Nuisance. Nothing contained herein shall authorize any installation or operation of an outdoor wood boiler that constitutes a public or private nuisance. Compliance with this section shall not be a defense to any civil or criminal action for nuisance.
(Ord. 11-08. Passed 12-15-08.)