Zoneomics Logo
search icon

Enon City Zoning Code

TITLE FIVE

Zoning Regulations

1161.01 SCHEDULE LIMITING HEIGHT, BULK, DENSITY, AND AREA BY ZONING DISTRICT.

USE DISTRICT
MINIMUM SIZE ZONING LOT
MAXIMUM HEIGHT OF STRUCTURE
MINIMUM YARD SETBACK
MINIMUM LOT AREA PER DWELLING UNIT IN SQUARE FEET
MAXIMUM PERCENT OF LOT AREA PER COVERED BY ALL BLDGS.
MINIMUM FLOOR AREA UNIT SQ. FT.
 
Area in Sq. Ft.
Width In ft.
Feet
Front
Min. Side
Sum of Both Sides
Rear
 
 
 
A
5 Acres
300
(b)35
50
50
100
50
 
25
 
R-1
28,000
125
(b)35
50
20
40
50
 
25
1500
R-2
20,000
100
(b)35
35
10
25
40
 
25
1300
R-3(a)
15,000
90
(b)35
30
10
20
40
 
25
1100
R-4(a)
12,000
80
(b)35
30
10
20
40
 
25
900
R-5(ac)
12,000
80
(b)35
25
8
16
35
6,000
25
800
R-6(ad)
12,000
90
(b)40
25
10
20
25
4,000
40
EFF 350
IBR 600
3BR 1000
2BR 800
4BR 1200
R-7
10 Acres
50
(b)15
 
 
 
 
5,000
40
 
“0"
10,000
80
(b)40
25
10
20
30
 
50
 
B-1
7,500
60
(b)40
25
8
20
40
 
30
 
B-2
10,000
80
(b)40
25
(e)
-
(g)
 
40
 
USE DISTRICT
MINIMUM SIZE ZONING LOT
MAXIMUM HEIGHT OF STRUCTURE
MINIMUM YARD SETBACK
MINIMUM LOT AREA PER DWELLING UNIT IN SQUARE FEET
MAXIMUM PERCENT OF LOT AREA PER COVERED BY ALL BLDGS.
MINIMUM FLOOR AREA UNIT SQ. FT.
Area in Sq. Ft.
Width In ft.
Feet
Front
Min. Side
Sum of Both Sides
Rear
B-3
15,000
90
(b)40
25
(e)
-
(g)
 
50
 
B-4
----
--
(b)40
25
(e)
-
-
 
-
 
I-1
---
100
(b)50
50
(f)
-
(h)
 
40
 
I-2
---
100
(b)60
50
(f)
-
(h)
 
50
 
F
See Chapter 1153
 
 
 
 
 
 
 
 
PDI-4
See Chapters 1155 to 1159
 
 
 
 
 
 
 
   Notes to Schedule.
   (a)   In those instances where a public sanitary sewer system is neither accessible nor installed, all lots per dwelling unit shall be a minimum of 20,000 square feet in lot area with a lot frontage at the building line of 150 feet. However, where a public sanitary sewer system is accessible and will be installed, but a public water supply system is lacking, these requirements shall be 16,000 square feet and 100 feet, respectively.
   (b)   Except signs and billboards whose heights are controlled by the appropriate Sections of Chapter 1171 .
   (c)   For single family dwellings the height, bulk, density, and area requirements of District "R-4" shall apply.
   (d)   For single and two family dwellings the height, bulk, density, and area requirements of District "R-4" and "R-5" shall apply.
   (e)   None required unless adjoining a residential district, and then not less than fifteen feet on each side, or one-fourth the sum of the height and depth of the structure, whichever is greater.
   (f)   None required unless adjoining a residential district. Such yard shall be equal to twice the height of the structure, with a minimum requirement of twenty feet and a maximum requirement of forty feet on each side.
   (g)   A rear yard shall be required adjacent to a Residential Zoning District or Planned Residential District. Such yard shall be not less than one-fourth the sum of the height and width of the structure, but in no case shall be less than twenty feet. If a use is to be serviced from the rear, a yard shall be provided not less than forty feet deep.
   (h)   A rear yard shall be required adjacent to a Residential or a Planned Residential District. Such rear yard shall be equal to twice the height of the structure with a minimum requirement of twenty feet and a maximum requirement of fifty feet. If a use is to be serviced from the rear, the yard shall be at least fifty feet deep. (Ord. 74-8. Passed 10-3-74.)

1161.02 SUBDIVISION OPEN SPACE PLAN.

   (a)   Intent. The intent of the Subdivision Open Space Plan is to promote the following objectives:
      (1)   Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills, and similar natural assets.
      (2)   Encourage developer to use a more creative approach in the development of residential areas.
      (3)   Encourage a more efficient, aesthetic, and desirable use of open space while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles on the site.
      (4)   Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to encourage further the development of recreational facilities.
   (b)   Procedure. Modifications to the standards as outlined in Section 1161.01 may be made in the Single Family Residential Districts when the following conditions are met:
      (1)   The lot area in all Single Family Residential Districts which are served by a public sanitary sewer and water system may be reduced up to twenty percent (20%). In the "R-4" District, this reduction may be accomplished in part by reducing lot widths up to five feet. In the "R-1," "R-2," and "R-3" Districts, the lot width reduction may be up to ten feet. These lot area reductions shall be permitted provided that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required under Section 1161.01 . All calculations shall be predicated upon the Single Family Districts having the following gross densities (including roads):
         "R-1" = 1.5 Dwelling units per acre
         "R-2" = 2.2 Dwelling units per acre
         "R-3" = 2.9 Dwelling units per acre
         "R-4" = 3.6 Dwelling units per acre
      (2)   Rear yards may be reduced to thirty feet when such lots border on land dedicated for park, recreation, and/or open space purposes provided that the width of such dedicated land shall not be less than ninety feet measured at the point at which it abuts the rear yard of the adjacent lot.
      (3)   Dedicated land shall not include bodies of water, swamps, or land with excessive grades making it unsuitable for recreation. All dedicated land shall be so graded and developed as to have natural drainage. The entire area may, however, be located in a flood plain.
      (4)   The developer or subdivider shall dedicate the total park area at the time of filing the final plat. In no instance shall dedication be less than five acres.
         (Ord. 74-8. Passed 10-3-74.)

1161.03 SITE PLAN REVIEW.

   (a)   Ten copies of a site plan shall be submitted to Planning Commission for approval of:
      (1)   Any use or development for which the submission of a site plan is required by any provision of the Zoning Ordinance.
      (2)   Any development, except single family residential, for which off street parking areas are provided as required by Chapter 1175.
      (3)   Any use which lies contiguous to a thoroughfare.
      (4)   All residentially related uses permitted in single family residential districts such as, but not limited to, churches, schools, and public facilities.
   
   (b)   Site plans shall be reviewed in two stages: preliminary and final plans. Preliminary plans shall be approved either prior to a rezoning request or issuance of a zoning certificate. The preliminary plan shall show development of the entire parcel. Modifications and refinements to the preliminary plan shall be shown in a final development plan. Final site plans may be approved in the developments' entirety or in stages.
   (c)   Each site plan submitted to the Planning Commission in accordance with the requirements of the Zoning Ordinance shall contain such information and be in such form as the Planning Commission may prescribe in its rules.
   In all cases, however, the site plan shall show the following:
      (1)   Established building lines drawn in conformance to applicable district requirements.
      (2)   Parking and loading spaces in accordance with Chapters 1173 and 1175.
      (3)   The location, effect, arrangement, and size of all outdoor signs and lighting fixtures in conformity to Chapter 1171.
      (4)   Landscape and screening plan for screening nonresidential uses and parking areas from adjoining residential property and single family residential from multiple family residential districts.
      (5)   Architectural plans of the buildings and structures proposed to be constructed.
   (d)   In the process of reviewing the site plan, the Planning Commission shall consider:
      (1)   Residential and nonresidential developments designed in accordance with the Zoning Ordinance.
      (2)   The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure:
         A.   Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets;
         B.   Satisfactory and harmonious relations between the development of the site and the existing and prospective development of contiguous land and adjacent neighborhoods.
      (3)   The Planning Commission may further require landscaping, fences, and walls in pursuance of these objectives and the same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
      (4)   The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.
      (5)   Any other authority approval required such as State Department of Health, State Highway Department, or Clark County Health Department shall accompany the site plan conditionally for a six month period pending review from other authorities, after which time the zoning certificate may be revoked.
         (Ord. 74-8. Passed 10-3-74.)

1163.01 CONFORMANCE REQUIRED.

   Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located.
(Ord. 74-8. Passed 10-3-74.)

1163.02 NONCONFORMING VACANT LOTS.

   (a)   Single Nonconforming Vacant Lots in Residential Districts. In any district where dwellings are permitted, a one family detached dwelling may be erected on any lot of official record as of the effective date of the Zoning Ordinance, notwithstanding limitations imposed by other provisions of the Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply when by reason of its lot area, width, or depth it does not meet minimum requirements for a lot under these regulations, provided, however, that no lot shall be deemed to be less than forty feet wide for the calculation of yard requirements and provided, further:
      (1)   The sum of the side yard widths on any such lot of record shall be at least twenty-five percent (25%) of the width of the lot.
      (2)   In no case shall the width of any side yard be less than ten percent (10%) of the width of the lot, except that on a corner lot, the width of side yard adjoining the side street lot line shall not be less than ten feet.
      (3)   The depth of the rear yard of any such lot need not exceed twenty percent (20%) of the depth of the lot, but in no case shall it be less than twenty feet.
      (4)   If the width of such lot meets the standards of the Zoning Ordinance but the depth is such that the total area is less than 10,000 square feet, the rear yard for such lot shall have a minimum of thirty percent (30%) of the depth of the lot but in no case shall it be less than thirty feet.
   (b)   Nonconforming Lot of Record in Combination. If two or more lots or combinations of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the Zoning Ordinance and if all or part of the lots do not meet the requirements for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of the Zoning Ordinance and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by the Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in the Zoning Ordinance.
   (c)   Nonconforming Vacant Lots in Other Districts. In any district, other than a Residential District, a building designed for any permitted use in such district may be erected on any lot of official record as of the effective date of this Zoning Ordinance provided that:
Such building shall comply with all regulations applicable in the district in which the lot in question is located, provided, however, the width of any required side yard need not be greater than that derived by applying the following equation, where "X" = the required side yard width:
 
               Minimum side yard required
              X    =   by district regulations   
   actual lot width      minimum lot width required
               by district regulations
   (Ord. 74-8. Passed 10-3-74.)

1163.03 NONCONFORMING STRUCTURES.

   (a)   Continuation. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or development standards, may be continued, so long as it remains otherwise lawful, subject to the restrictions of subsections (b) to (d).
   (b)   Enlargement, Repair, Alterations. Any such structure described in subsection (a) hereof may be enlarged, maintained, repaired, or structurally altered, provided, however, that no such enlargement, maintenance, repair, or structural alteration shall either create any additional nonconformity of all or any part of such structures, except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by subsection (b) or (c), whichever is applicable.
   (c)   Damage or Destruction. In the event that any such structure described in subsection (a) is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the current replacement cost of the entire structure, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located, provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in subsection (b) or (c), whichever is applicable. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction.
   (d)   Moving. No structure described in subsection (a) shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure shall thereafter conform to the regulations of the zoning district in which it will be located after being moved.
(Ord. 74-8. Passed 10-3-74.)

1163.04 NONCONFORMING USES.

   (a)   Continuation. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure, may be continued, so long as otherwise lawful, subject to the restrictions of subsection (b) through (i).
   (b)   Repair and Maintenance.
      (1)   Work may be done on ordinary maintenance and repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided, however, that this subsection (b)(1) shall not be deemed to authorize any violation of subsection (c) to (i).
      (2)   Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of subsection (e) hereof) in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition.
      (3)   Nonconforming residential buildings in a Business or Industrial District may be maintained, repaired, improved, modernized or enlarged, provided, however, that no increase in the number of dwelling units shall be permitted.
   (c)   Structural Alteration. No structural alteration shall be made unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which such structure is located except as provided in subsection (d), (e), and (g).
   (d)   Extension and Enlargement. The Board of Zoning Appeals may permit a nonconforming building or structure to be extended, expanded, enlarged, or increased in intensity subject to the following conditions:
      (1)   A nonconforming use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on the effective date of the Zoning Ordinance.
      (2)   The Board may permit either an expansion of a nonconforming building or structure, or a substitution of a nonconforming use in such a building or structure, but not both.
      (3)   A nonconforming building or structure may be extended or enlarged upon the lot occupied by such building on the effective date of the Zoning Ordinance or on an adjoining lot, provided such lot was under the same ownership as the lot in question on the effective date of the Zoning Ordinance. Such nonconforming building may be enlarged or extended to an extent not exceeding twenty-five percent (25%) of the gross floor area of such nonconforming structure or building lawfully existing at the time of the adoption of the Zoning Ordinance.
      (4)   The extension or enlargement of a nonconforming building or structure may not occupy ground space suitable and otherwise available for meeting the off street parking requirements of the Zoning Ordinance.
      (5)   A nonconforming use of land may not be extended, enlarged, or increased in intensity.
      (6)   Nothing contained in this section shall in any way prohibit a nonconforming use from acquiring additional off street parking space.
      (7)   Application for an extension or enlargement in accordance with paragraphs A through F shall be noticed and heard in the manner prescribed for appeals in Section 1183.04 .
   (e)   Damage or Destruction. In the event that any building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds fifty percent (50%) of the current replacement cost of the entire building or other structure, exclusive of foundation, such building or other structure shall not be restored unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Moreover, even if such damage is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained, and restoration is actually begun, within one year after the date of such partial destruction.
   (f)   Moving. No structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and the use thereof shall thereafter conform to the regulations of the district in which it will be located after being so moved. Moreover, no nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
   (g)   Change. The Board of Zoning Appeals may permit a substitution for a nonconforming use in a building or structure lawfully existing at the time of the adoption of the Zoning Ordinance subject to the following conditions:
      (1)   The Board may permit either an expansion of a nonconforming building or structure, or a substitution of a nonconforming use, but not both.
      (2)   A nonconforming use of land may not be changed.
      (3)   Application for a substitution in accordance with subsection (g)(1) shall be noted and heard in the manner prescribed for appeals in Section 1183.04 .
   (h)   Discontinuance.
      (1)   Discontinuance of nonconforming use of land. In the event that operation of a nonconforming use of land is voluntarily discontinued for a period of two years, such nonconforming use shall not thereafter be reestablished and any subsequent use or occupancy of such land shall conform to the regulations of the district in which it is located.
      (2)   Discontinuance of nonconforming use of buildings or structures. In the event that operation of a nonconforming use of all or part of a building or other structure is voluntarily discontinued for a period of two years, such nonconforming use shall not thereafter be reestablished, and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.
   (i)   Nonconforming Accessory Uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.
(Ord. 74-8. Passed 10-3-74.)

1165.01 STREET FRONTAGE REQUIRED.

   Except as permitted by other provisions of the Zoning Ordinance, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for its full frontage on a dedicated street; and there shall be not more than one single-family dwelling for such frontage.
(Ord. 74-8. Passed 10-3-74.)

1165.02 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

   No fence, wall, shrubbery, sign, or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of twenty five feet from their point of intersection.
(Ord. 74-8. Passed 10-3-74.)

1165.03 REDUCTION OF AREA OR SPACE.

   No lot, yard, court, parking area, or other space shall be reduced in area or dimension, thereby making such area or dimension less than minimum required by the Zoning Ordinance; and, if already less than the minimum required by the Zoning Ordinance, such area or dimension shall not be further reduced. No part of a yard, court, parking area, or other space provided about, or for, any building or structure for the purpose of complying with the provisions of the Zoning Ordinance shall be included as part of a yard, court, parking area, or other space required under the Zoning Ordinance, for another building or structure.
(Ord. 74-8. Passed 10-3-74.)

1165.04 OFF STREET PARKING AND LOADING.

   In any district, spaces for off street parking and for loading or unloading shall be provided in accordance with the provisions of Chapters 1173 and 1175.
(Ord. 74-8. Passed 10-3-74.)

1167.01 PERMITTED ACCESSORY USES IN RESIDENTIAL, OFFICE, AND AGRICULTURAL DISTRICTS.

   The following accessory uses are permitted in each Residential, Office, and Agricultural District:
   (a)   Private garages or carports.
   (b)   A structure for storage incidental to a permitted use.
   (c)   A guest house (without kitchen facilities) or rooms for guests in an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units or for permanent occupancy.
   (d)   A swimming pool, bath house, and other recreational facilities designed for the use of the occupants of a single-family dwelling and their guests.
   (e)   A child's playhouse, treehouse, birdhouse.
   (f)   Statuary, arbors, trellises, barbecue equipment, flag poles, fences, play equipment, nonmechanical laundry drying equipment, walls, and hedges.
   (g)   Fallout shelters.
   (h)   Any other structure or use customarily found in conjunction with and required for full utilization and enjoyment of the principal use and which meets the definition of accessory use in Section 1135.02 (1).
      (Ord. 74-8. Passed 10-3-74.)
   (i)   Recreational equipment subject to the following conditions:
      (1)   Recreational equipment may be parked or stored entirely within an enclosed building, or if not within an enclosed building, shall be parked or stored in the side or rear yard not less than three feet from any lot line. In the case of a corner lot, the street side yard shall be considered a front yard and no camping or other recreation equipment shall be parked or stored thereupon. In no case shall any camping or other recreation equipment be parked or stored on any public road.
      (2)   No camping or recreation equipment shall have fixed connections to electricity, gas, water, or sanitary sewer facilities, nor shall such equipment be used as a dwelling or for housekeeping purposes.
      (3)   Notwithstanding the provisions of these subsections, camping and other recreation equipment may be parked at any point on a lot for loading and unloading purposes for a period of time not to exceed forty-eight hours.
      (4)   A conditional use permit may be granted by the Board of Zoning Appeals.
   (j)   (1)   School buses and buses may be parked or stored entirely within an enclosed building, or if not within an enclosed building, shall be parked or stored in the side or rear yard not less than three feet from any lot line. In no case shall any school bus or bus be parked or stored on any public road.
      (2)   In the case of a corner lot in an "R" District, the street side yard shall be considered a front yard and no school bus or bus shall be parked or stored thereupon.
      (3)   A school bus or bus may be parked at any point on a lot for a specific purpose for a period not to exceed six hours. In no case shall any school bus or bus be parked in the front yard overnight between the hours of 11:00 p.m. and 6:00 a.m.
      (4)   A conditional use permit may be granted by the Board of Zoning Appeals.
         (Ord. 93-12. Passed 12-14-93.)

1167.02 PERMITTED ACCESSORY USES IN BUSINESS AND INDUSTRIAL DISTRICTS.

   In a Business or Industrial District, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use which meets the definition of accessory use in Section 1135.02 (1) and which complies to the applicable standards of the district in which it is located is permitted.
(Ord. 74-8. Passed 10-3-74.)

1167.03 ACCESSORY USES NOT PERMITTED IN RESIDENTIAL, OFFICE, AND AGRICULTURAL DISTRICTS.

   None of the following shall be permitted as an accessory use in a Residential, Office, or Agricultural District:
   (a)   Overnight parking (11:00 p.m. till 6:00 a.m.) or outdoor storage of semi-tractor, semi-trailers, and other commercial vehicles, trucks over one-ton rated capacity, or mobile homes on public or private property.
      (Ord. 93-12. Passed 12-14-93.)
   (b)   Outdoor storage, unless specifically permitted by the specific zoning district regulations.
      (Ord. 74-8. Passed 10-3-74.)

1167.04 STANDARDS.

   (a)   An accessory building may be erected as an integral part of a principal building or it may be connected thereto by a breezeway or other similar structures.
   (b)   An accessory building may be erected, detached from the principal building. Except as provided in Section 1169.04(b), no detached accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty five percent (35%) of the area of the required rear yard.
   (c)   For computing the percentage of occupancy of a rear yard, as required in subsection (b) hereof, if a detached accessory building is connected to the principal building by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory building and be included in the computation.
   (d)   A detached accessory building shall not exceed one story or fourteen feet in height in any "R," "O," or "B-1" District; two stories or twenty-five feet in any other district. (Ord. 74-8. Passed 10-3-74.)
   (e)   A detached accessory building shall be at least six feet from the side and/or rear lot lines. The distance of such buildings from other separate buildings or structures on the same lot shall be at least six feet, except that of a breezeway or other similar structure.
(Ord. 93-12. Passed 12-14-93.)
   (f)   On a corner lot abutting in the rear the side lot line of a lot in a Residential District, any accessory building or part thereof within twenty-five feet of the common lot line shall not be closer to the side street lot line than the least depth of the front yard required on such other lot fronting the side street, and in no case shall any part of such accessory building be closer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.
   (g)   Except as provided in Section 1169.04(b), any accessory building if not located in the rear yard shall be an integral part of, or connected with, the principal building to which it is accessory; and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as such accessory building.
(Ord. 74-8. Passed 10-3-74.)

1169.01 APPLICATION.

   The requirements and regulations specified hereinbefore in the Zoning Ordinance shall be subject to the following exceptions, modifications, and interpretations.
(Ord. 74-8. Passed 10-3-74.)

1169.02 HEIGHT LIMITS.

   Height limitations stipulated elsewhere in this Zoning Ordinance shall not apply:
   (a)   To barns, silos, or other farm buildings or structures on farms, provided these are not less than 100 feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building.
   (b)   To places of public assembly in churches, schools, and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and may provide that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards required for the highest building otherwise permitted in the district.
   (c)   To bulkheads, elevator penthouses, water tanks, monitors, scenery lofts, towers, and monuments. Fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height, provided, however, that, all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be at a distance not less than twenty-five feet in all parts from every lot line.
      (Ord. 74-8. Passed 10-3-74.)

1169.03 CORNER LOTS.

   (a)   The area of a corner lot shall be twenty percent (20%) greater than the minimum area required for an interior lot.
   (b)   When the principal building is located with its greatest depth on the long side of a corner lot, the required rear yard may be reduced to a minimum of twenty percent (20%) of the average lot depth; but in no case shall the shortest distance, measured horizontally between any part of a building, and the rear lot line, be less than twenty feet.
   (c)   On all corner lots the principal building shall be set back a minimum of twenty-five feet on each street from the established right-of-way line as shown on the Official Thoroughfare Plan.
(Ord. 74-8. Passed 10-3-74.)

1169.04 FRONT YARD EXCEPTIONS AND MODIFICATIONS.

   (a)   In any Zoning District where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in the Zoning Ordinance, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of the existing front yards, or the average depth of the existing front yards of the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining, provided, however, that the depth of a front yard on any lot shall be at least ten feet including all projections nor required to be more than fifty feet.
   (b)   In any Zoning District where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree of percent of slope that it is not practicable to provide a driveway with a grade of twelve percent (12%) or less to a private garage conforming to the requirements of this Zoning Ordinance, such garage may be located within such front yard, but not in any case closer than ten feet to the street lines.
   (c)   All lots in Zoning Districts fronting on major thoroughfares shall have a front yard depth of not less than thirty-five feet measured from the street right-of-way line.
(Ord. 74-8. Passed 10-3-74.)

1169.05 DOUBLE FRONTAGE LOTS.

   Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.
(Ord. 74-8. Passed 10-3-74.)

1169.06 SIDE YARD EXCEPTIONS OR MODIFICATIONS.

   (a)   Side yard widths may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width, provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required least width, or narrower than six feet in any case.
   (b)   A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another in a Zoning District, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(Ord. 74-8. Passed 10-3-74.)

1169.07 PROJECTIONS INTO REQUIRED YARDS.

   Architectural features may project into required yards or into courts as follows:
   (a)   Into any required front or side yard adjoining a side street:
      (1)   Cornices, canopies, eaves, or other architectural features may project a distance not to exceed two feet, six inches.
      (2)   Fire escapes may project a distance not to exceed four feet, six inches.
      (3)   An open stair and necessary landing may project a distance not to exceed six feet. (Ord. 74-8. Passed 10-3-74.)
      (4)   A front porch may project into a front yard a distance not to exceed eight feet, provided it is open on three sides, except for railing or banisters.
         (Ord. 93-12. Passed 12-14-93.)
      (5)   Bay windows, balconies, or chimney may project into a yard a distance not to exceed five feet provided, however, that the aggregate width of such projection shall not exceed one-third of the length of the wall upon which they are located.
         (Ord. 74-8. Passed 10-3-74.)
      (6)   Patios and open porches may be located in side and rear yards provided they are not closer than six feet to any adjacent property line. In case of a corner lot, no patios or porches shall be closer to the side street lot line than the least depth required for such side yard.
         (Ord. 93-12. Passed 12-14-93.)
   (b)   Subject to the limitations in the preceding subsections, the above named features may project into any required side yard adjoining an interior side lot line a distance not to exceed one sixth of the required least width of such side yard, but not exceeding three feet in any case.
   (c)   Subject to the limitation in subsection (a) above, the features named therein may project into any required rear yard or into any required outer court the same distance they are permitted to project into a front yard.
      (Ord. 74-8. Passed 10-3-74.)

1169.08 FENCES, WALLS, AND HEDGES.

   (a)   A fence, wall, hedge, or shrubbery may be erected, placed, maintained, or grown along a lot line in a Residential District or adjacent thereto to a height not exceeding eight feet above the ground level, except that no such fence, wall, hedge, or shrubbery which is located in a required front or corner side yard shall exceed a height of three and one-half feet and shall be subject to the traffic visibility requirement of Section 1165.02 for a corner lot.
   (b)   Recorded lots having a lot area in excess of two acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat in all residential districts, are excluded from these fence regulations.
(Ord. 74-8. Passed 10-3-74.)
   (c)   Construction and Maintenance.
      (1)   All fences shall be constructed in a workmanlike manner using materials approved by the Village that are weather resistant and rustproof such as treated wood, metal, vinyl and stone. Non-traditional materials determined to be unacceptable by the Village shall be prohibited. No fence shall be designed or constructed to cause pain or injury to another person.
      (2)   The finished side of all fences shall face the outside and be located on the property. All supporting posts and beams shall be located on the inside of the property. No fence shall be attached to any adjacent fence without the written consent of all property owners.
      (3)   Property owners shall be responsible for fence maintenance which shall include painting, cleaning and structural upkeep. In no case shall the construction of a fence or lack of maintenance cause aesthetic detriment to surrounding properties.
   (d)   Permitted and Prohibited Fences.
Permitted Fences:
Prohibited Fences:
(1) Board-on-board, louver, shadowbox
(1) Electrified fences
(2) Basket weave or woven
(2) Barbed wire fences
(3) Solid board
(3) Plywood/particle board
(4) Stockade or Palisade
(4) Chicken, mesh/woven wire (unless part of a rail/split rail)
(5) Picket
 
(6) Rail or split rail
 
(7) Vinyl
 
(8) Chain link
 
(9) Decorative/Ornamental
 
(10) Stone, brick, masonry
 
(11) Invisible fences for pet containment
 
 
   (e)   Construction Period. Fence construction must be completed within 30 days of the issuance of a permit from the Village of Enon unless a written request for an extension is submitted. Construction extensions may be granted up to 30 days on a case by case basis by the Village. Fence construction not completed within 60 days of the issuance of a permit shall be considered a violation of this Zoning Ordinance.
   (f)   Temporary Fencing. Temporary fences erected for specific purposes and for specific periods of time such as snow fencing, silt fencing and other construction related fencing shall be allowed if such fencing does not violate any part of this Zoning Ordinance. Erection of temporary fences shall not require a permit from the Village of Enon.
   (g)   Variances. Any part of this section or any regulation contained in this section may be appealed to the Village’s Board of Zoning Appeals in accordance with Section 1183.05.
(Ord. 2018-01. Passed 1-9-18.)

1169.09 RESIDENTIAL ENTRANCEWAY.

   In all Residential Districts so called entranceway structures including but not limited to walls, columns, and gates making entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in Section 2702, Traffic Visibility Across Corner Lots, provided that such entranceway structures shall comply with all other applicable Codes.
(Ord. 74-8. Passed 10-3-74.)

1169.10 ESSENTIAL SERVICES.

   Essential services shall be permitted as authorized and regulated by law and other applicable regulations, it being the intention hereof to exempt such essential services from the application of this Zoning Regulation.
(Ord. 74-8. Passed 10-3-74.)

1169.11 UNSAFE BUILDINGS.

   Nothing in this Zoning Regulation shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by a certified Building Inspector acquired by the Village.
(Ord. 93-12. Passed 12-14-93.)

1169.12 EXISTING ZONING PERMITS.

   Nothing contained in this Zoning Regulation shall require any change in the overall layout, plans, construction, size, or designed use of any development, building, structure, or part thereof, for which official approvals and required building permits have been granted before the enactment of this Zoning Regulation, the construction of which, conforming with such plans, shall have been started prior to the effective date of this Zoning Regulation, and continued to completion without interruption, except for causes beyond the builder's control.
(Ord. 74-8. Passed 10-3-74.)

1171.01 GENERAL PROVISIONS.

   The following general provisions are applicable to all signs unless modified herein.
   (a)   The supports, uprights, bracing, pole, post, strut, cable, or other structural fixture or framework, necessary to hold and secure the sign face, all of which shall be considered to be an integral part of the actual sign as described in Chapter 1135.
   (b)   No sign or sign supporting structure shall be located within or over an established Village right-of-way.
   (c)   All signs and sign supporting structures shall be set back fifteen feet from the Village right-of-way except for the following cases:
      (1)   When an existing building is closer than fifteen feet from the Village right-of-way line, the following types of signs will be permitted provided they do not encroach into the Village right-of-way nor do they violate any other regulation(s) of this chapter.
         A.   Awning, Canopy, or Marquee.
         B.   Projecting Sign(s).
         C.   Roof Sign(s).
         D.   Wall Sign(s).
      (2)   When an existing sign structure or sign support system is closer than fifteen feet from the Village right-of-way line, a sign may be mounted to the structure or support system provided that it does not violate any other regulation(s) of this chapter.
   (d)   No sign shall be erected to a height greater than the maximum permitted height for structures in the District in which the sign is located.
   (e)   Signs may be illuminated subject to the following restrictions:
      (1)   Such sign illumination does not constitute a public safety or traffic hazard. Where illumination is provided, it shall be placed or directed so as not to permit the illumination therefrom to be directed or beamed upon adjacent property or public street.
      (2)   No illuminated sign shall be constructed which will interfere with the operation or safety of any traffic control signal.
      (3)   No flashing, rotating, or moving light source shall be permitted on any sign.
   (f)   No sign shall be permitted which interferes with the visibility of pedestrian or vehicular traffic entering, leaving, or operating on thoroughfares.
   (g)   All signs or billboards constructed or erected shall be maintained so that all sign surfaces, supports, braces, guys, and anchors shall be kept in repair and in a proper state of preservation by painting or otherwise.
   (h)   If any sign or billboard shall become abandoned, in the manner defined herein, such a sign or billboard is declared to be a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and blighting influence on nearby properties. A sign or billboard is abandoned if it meets any one of the following criteria:
      (1)   Any sign or billboard associated with an abandoned nonconforming use.
      (2)   Any sign or billboard that remains after the termination of a business. A business has ceased operations if it is closed to the public for at least 180 consecutive days. Seasonal businesses are exempted from this determination.
         (Ord. 93-12. Passed 12-14-93.)

1171.02 PERMITTED SIGNS FOR WHICH NO CERTIFICATE IS REQUIRED.

   The following signs shall be permitted in the incorporated area of the Village that are subject to these Zoning Regulations, according to the following regulations. No Zoning Certificate shall be required for any sign constructed or erected under the terms of this section.
   (a)   Signs for sale, lease, or rent of the premises on which the sign is located. No more than two signs on any lot, shall not be illuminated, and shall not exceed six square feet of area per side. All such signs shall be removed within thirty days after occupancy.
   (b)   Name and address of occupant of residential property. Such signs shall not be more than two square feet in area per side and shall not be located outside the right of way of any public road. Such sign shall not be higher than three feet above the ground and not more than one sign shall be permitted.
   (c)   Temporary signs announcing special public or institutional events. Such signs shall not exceed two square feet in area per side in any "R" District.
   (d)   Political signs shall not exceed sixteen square feet in area per side.    (Ord. 93-12. Passed 12-14-93.)

1171.03 PERMITTED SIGNS FOR WHICH A CERTIFICATE IS REQUIRED.

   The following signs shall be permitted in the incorporated area of the Village that are subject to these Zoning Regulations, according to the following regulations. A Zoning Certificate shall be required for any sign constructed or erected under the terms of this section.
   (a)   On-premise signs identify or advertise commercial or industrial uses on the premises. Such signs shall comply with the following restrictions:
      (1)   No more than one sign shall be provided for each business use, and in no case shall a lot contain more than three signs.
      (2)   No sign shall have a surface area of greater than 100 square feet per side.
      (3)   No business, industry, or use shall maintain a gross sign area exceeding 300 square feet on the premises.
   (b)   Off-premise signs advertise a product or service not located upon the premises on which the sign is located and shall be classified as a business use and shall be permitted in all "I" Districts subject to the following restrictions:
      (1)   No sign shall have a surface area of greater than 200 square feet per side, or two sign faces exceeding a total of 400 square feet on any single lot or location.
      (2)   Off-premise signs shall not be located closer to the public right of way than the established building set-back requirements of the district in which the sign is located.
      (3)   No off-premise sign site shall have more than two displays facing in the same direction of the main travel way.
   (c)   Signs for Home Occupations. One on-premise sign per lot shall be permitted for the purpose of announcing a home occupation. Such sign shall not exceed six square feet in area. No off-premise signs shall be permitted.
   (d)   Portable signs announcing a special event or advertising a product or service shall be considered a Temporary Use and shall be permitted subject to the following restrictions:
      (1)   Such sign shall not be permitted for more than a total of ninety days per calendar year.
      (2)   Such signs shall be located outside the right-of-way limits of the road and shall not interfere with the visibility of vehicular traffic either entering or leaving any property or entering, leaving, or operating on any thoroughfare.
      (3)   No illumination device shall be used which causes a direct beam of light to be cast upon adjacent lots or thoroughfares thereby creating a hazard to vehicular traffic.
      (4)   Such signs are capable of posting and removal without destruction of public or private property.
   (e)   On-premise bench signs shall be conditionally permitted in any "B-3" District. Off-premise bench signs shall be permitted in any "I" District subject to the following restrictions:
      (1)   The placement or erection of the bench containing advertising thereon will be located outside the Village right of way.
      (2)   No bench sign shall be harmful to the public morals, safety, and health of the citizens of the community.
      (3)   No bench sign shall interfere with a place of business.
         (Ord. 93-12. Passed 12-14-93.)

1171.04 EXEMPTED SIGNS.

   The following signs are not subject to the provisions of this Regulation.
   (a)   Governmental signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies for the purpose of safety.
   (b)   Flags, emblems, and insignia of any governmental agency, subdivision and temporary displays of a patriotic, religious, charitable, or civic character.
   (c)   Directional signs.
      (Ord. 93-12. Passed 12-14-93.)

1171.05 PROHIBITED SIGNS.

   (a)   No signs shall be erected, attached, or otherwise applied to trees, utility poles, fences, other natural features, or any other unapproved supporting structure in the public right-of-way.
   (b)   Signs which are not securely affixed to the ground or otherwise affixed in a permanent manner to an approved supporting structure.
   (c)   Signs on advertising devices which attempt or appear to attempt to direct the movement of traffic, or which interfere with, imitate, or resemble an official sign, signal, or device.
   (d)   No sign shall have spinning devices or strings of spinning devices, streamers, or similar type devices.
(Ord. 93-12. Passed 12-14-93.)

1171.06 NONCONFORMING SIGNS.

   (a)   Any sign erected prior to the effective date of this chapter and not conforming to the provisions of this Regulation, and any sign erected after the enactment of this chapter that has been granted a variance by the Zoning Board of Appeals, shall be deemed to be nonconforming. This shall not prohibit the posting or maintaining in a safe condition any sign which is nonconforming, but if the sign is damaged to more than one-half of its replacement value, then it shall be removed and shall not be repaired or replaced.
   (b)   Any nonconforming sign or sign support structure which is altered, relocated, or replaced shall comply with all provisions of this Regulation.
   (c)   If there is a dispute as to what constitutes alteration, relocation, replacement, or repair due to damage, such dispute shall be submitted to the Village Board of Zoning Appeals.
(Ord. 93-12. Passed 12-14-93.)

1171.07 SIGN RESPONSIBILITY.

   (a)   The building owner shall be held responsible for the removal and disposal of all abandoned signs, including the complete blocking out of painted wall signs.
   (b)   The owner of the sign shall be held responsible for the maintenance, repair, and upkeep of his/her sign(s).
   (c)   If any sign reaches a state of disrepair and is deemed unsightly or unsafe by the certified Building Inspector acquired by the Village and is not properly renovated, it shall be condemned and an order issued for removal immediately at the expense of the owner or building owner.
(Ord. 93-12. Passed 12-14-93.)

1171.08 PERMIT REQUIRED.

   A Zoning Permit shall be obtained for erection, construction, or modification of any sign, as regulated for this chapter.
(Ord. 93-12. Passed 12-14-93.)

1173.01 OFF STREET LOADING SPACES REQUIRED.

   In connection with every building or part thereof hereafter erected, except dwellings, there shall be provided, on the same lot with such buildings, off street loading spaces or berths, for uses which customarily receive or distribute material or merchandise by vehicle, in accordance with the requirements of Section 1173.02.
(Ord. 74-8. Passed 10-3-74.)

1173.02 OFF STREET LOADING REQUIREMENTS.

   Off street loading requirements shall be as follows:
   
 
BUILDING
NUMBER OF SPACES REQUIRED
Less than 1,000 sq. ft.
None required.
More than 1,000
sq. ft. but less than
20,000 sq. ft.
One space.
More than 20,000
sq. ft. but less
than 100,000 sq. ft.
One space plus one space
for each 20,000 sq. ft.
in excess of 20,000 sq. ft.
100,001 sq. ft.
and over.
Five spaces, plus one space
for each 30,000 sq. ft. over
100,000 sq. ft. of building
area.
 
(Ord. 74-8. Passed 10-3-74.)

1173.03 OFF STREET LOADING STANDARDS.

   (a)   Dimension. Each off street loading space shall be at least ten feet in width by twenty five feet in length having vertical clearance of fifteen feet or more, plus adequate area for ingress and egress.
   (b)   Surfacing. All open loading spaces shall be graded and improved with bituminous concrete or portland cement concrete.
   (c)   Drainage. All loading spaces shall be provided with adequate drainage facilities as approved by the Village Engineer.
   (d)   Location. All required loading spaces shall be off street and shall be located on the same zoning lot as the specific use to be served. No loading space shall be located within a required front or side yard when adjacent to a Residential District. No permitted or required loading space shall be located within fifty feet of the nearest point of the intersection of any two streets or highways.
(Ord. 74-8. Passed 10-3-74.)

1175.01 OFF STREET PARKING REQUIRED.

   In connection with every use, there shall be provided, at the time any building or structure is erected, or at the time any use of land is extended, off street parking as provided in Section 1175.02, except that no off street parking space shall be required for uses in existence as of the effective date of this Zoning Regulation.
(Ord. 74-8. Passed 10-3-74.)

1175.02 OFF STREET PARKING REQUIREMENTS.

   Off street parking requirements shall be as follows:
USE
NUMBER OF SPACES REQUIRED
Group # 1
   Dwelling and Lodging
   Uses:
One and Two Family Dwellings.
Two spaces for each dwelling unit.
Three Family dwellings and Trailer Parks.
One and one-half spaces for each dwelling unit.
Four or more Dwelling Units.
Two spaces for each dwelling unit.
University owned or leased housing, fraternities and sororities.
One space for each three occupants calculated on the designed capacity of the building.
Hotels and Motels.
One space for each rental unit plus one space for each employee on the maximum work shift plus such spaces as required by this Regulation for restaurants, assembly rooms, and affiliated facilities.
Housing for the Elderly.
One space for each two dwelling units.
Rooming Houses.
One space for each two roomers or boarders based on the designed capacity of the building plus two spaces for a resident owner or resident manager.
Group #2
Business and Commercial
All business and commercial establishments, except those specified hereafter.
One space for each 300 sq. ft. of floor area.
Retail stores.
One space for each 250 sq. ft. of floor area.
Barber shops, beauty parlors, or similar personal service.
Two spaces per chair.
Eating Places.
One space for each 100 sq. ft. of floor area with a minimum of fifteen spaces for Eating Places - Drive-In and ten spaces for Eating Places - Carry-Out.
Automobile service stations.
Six spaces, plus one for each employee on the largest shift, except that stations which primarily dispense only petroleum products and have no under-roof facilities for the repair and servicing of motor vehicles will require only two spaces, plus one for each employee on the largest shift.
Furniture stores, appliance stores, automobile salesrooms, and new and used car lots.
One space for each 1,000 sq. ft. of enclosed floor area and one space for each 3,000 sq. ft. of open lot area devoted to the sale and display of motor vehicles.
Laundromats.
One space for each two washing or cleaning machines.
Private clubs and lodges.
One space for each member of the staff, plus one space for each three club members, plus one space for each room which can be used to provide lodging accommodations for members or their guests.
Group #3
Office:
Administrative or business offices.
One space for each 300 sq. ft. of floor area.
Group #4
Medical and Health:
Dental clinics and offices.
Two spaces for each examination or treatment room, plus one space for each dentist and other employees.
Medical clinics and offices.
Three spaces for each examination or treatment room, plus one space for each doctor and other employees.
Hospital or similar medical facility.
One space for each hospital bed, plus one space for each two employees and staff on the combined major work shifts.
Nursing homes, rest homes, and convalescent homes.
One space for each two beds.
Funeral Homes.
One space for each fifty sq. ft. of floor area in public rooms, plus one space for each vehicle maintained on the premises, plus one space for each employee.
Group #5
Education:
Elementary Schools, Junior High Schools, public or private
One space for every thirty classroom seats, one space for each teacher or other employee in addition to the requirements of auditorium.
High Schools, public or private.
One space for each six students based on the design capacity of the building, one space for each teacher or other employee, plus the requirements for a auditorium.
Nursery or child care centers.
Two spaces, plus one space for each staff member.
Colleges and Universities.
One space for each five classroom seats, plus one space for each three seats in an auditorium.
Trade or commercial schools.
One space for each student based on the design capacity of the building plus one space for each teacher or other employee.
Libraries, museums, art galleries, and other public buildings.
One space for each 300 sq. ft. of floor area.
Group #6
Recreation and Religion:
Churches, chapels, temples, synagogues, auditoriums, gymnasiums, stadiums, and other places of public assembly.
One space for each three seats or six feet of benches.
Theaters
One space for each two seats.
Assembly halls, exhibition halls, or rooms without seats.
One space for each fifty sq. ft. of floor area.
Golf courses, swimming pools, or similar places.
One space for each three patrons the establishment is designed to serve.
Enclosed places of amusement or recreation or similar places of assembly.
One space for each 100 sq. ft. of floor area devoted to assembly.
Bowling establishments.
Five spaces for each bowling lane, plus such additional space as may be required for affiliated uses.
Group #7
Industry:
Manufacturing, warehousing, wholesaling, or similar establishments.
Five plus one for every one and one-half employees in the largest working shift plus one for every vehicle maintained on the premises. Space on site shall also be provided for all construction workers during periods of plant construction.
   (Ord. 74-8. Passed 10-3-74.)

1175.03 OFF STREET PARKING STANDARDS.

   (a)   Utilization. Required off street parking facilities as listed in Section 1175.02 shall be solely for the parking of motor vehicles in operating condition, or patrons, occupants, of employees of such uses.
   (b)   Size. A required off street parking space shall be at least ten feet in width and at least twenty feet in length, exclusive of access drives or aisles, ramps, columns, office, or work areas.
   (c)   Access. Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. Such aisle or driveway shall not be used for the parking of other vehicles, except that the driveway of a single family residence may be counted as one parking space.
   (d)   Required Yards. Structures and buildings containing off street parking shall be subject to the yard requirements applicable in the district in which located. Off street parking areas open to the sky may be located on any yard, except that:
      (1)   In any "R" District, off street parking shall not be located in any required set backs.
      (2)   In any "R" or "B-1" District on a corner lot devoted to a residential use, the off street parking shall not be located closer to the side lot line bounding a street than the minimum side yard width prescribed by the development standards for the district.
      (3)   If a lot is devoted to a nonresidential use and if its front lot line, side lot line, or rear lot line separates the lot from a lot in a Residential District, the off street parking facilities located thereon shall not be closer to such lot line than the minimum front yard depth, side yard width, or rear yard depth prescribed by the development standard for the district.
   (e)   Location. All required parking spaces shall be located as follows:
      (1)   In any "R" or "B-1" District on the same lot as the building or use served, or a contiguous parcel, or within 300 feet of the nearest point of the principal structure.
      (2)   In a Business District (except a "B-1" District) on the same lot as the building or use served, or a contiguous parcel, or within 400 feet of the principal structure.
      (3)   In any Industrial District on the same lot as the building or use served, or a contiguous parcel, or within 1,000 feet of the nearest point of the principal structures, provided, however, that no off street parking facilities for a business or industrial use shall be located in a Residential District.
   (f)   Restricted Parking Lots; Conditional Use. Notwithstanding the provision of subsection (e) hereof, the Board of Zoning Appeals may permit the use of lots in a Residential or Office District as restricted parking lots.
      (1)   The Board's approval of a restricted parking lot must be based on a finding that:
         A.   The parcel to be used is located not more than fifty feet from the parcel on which is located the land use requiring such parking facilities.
         B.   The parking lot shall be for use in connection with an office, business, or industrial use located in the adjacent Business or Industrial District and shall be used solely for the parking of passenger vehicles.
         C.   The parking lot shall not be used for repair work or vehicle servicing or loading of any kind, and no advertising signs of any kind shall be erected on the lot.
         D.   The parking lot shall be closed between 11:00 p.m. and 7:00 a.m., except as may be otherwise permitted by the Board of Zoning Appeals.
      (2)   Application for a Conditional Use Certificate shall be treated, processed, noticed, and heard in the manner prescribed for in Section 1183.06 .
      (3)   The Board shall impose further conditions, such as screening and landscaping, as may be deemed necessary and appropriate, in order to reduce the adverse effect of a parking lot upon the preservation of the residential character and development of the Residential District in which the parking lot is proposed to be located.
         (Ord. 74-8. Passed 10-3-74.)

1175.04 MAINTENANCE.

   (a)   Surfacing. All open off street parking areas (except a required parking space accessory to a single family dwelling) shall be graded and provided with a hard surface of bituminous or portland cement concrete, except residential tracts exceeding 40,000 square feet in land area.
   (b)   Separation. All open off street parking areas shall be separated from public sidewalks by a space at least four feet in width, and a six inch high barrier (curb) shall be provided on the parking lot side of the four foot width.
   (c)   Screening. When any open off street parking area used for any nonresidential purpose containing more than two parking spaces is not separated from a district zoned Residential by a dedicated street, an effective buffer or screen consisting of a solid wall, fence, or dense living hedge shall be provided at the lot line to protect the privacy of the adjoining residential uses. Such wall, fence, or hedge shall be not less than six feet in height.
   (d)   Lighting. Any lighting used to illuminate off street parking areas shall be equipped with suitable shielding or be so designed as to prevent a glare at eye level on surrounding public or private property.
   (e)   Repair and Service. No motor vehicle repair work or service of any kind, except emergency repairs, shall be permitted in or in association with any off street parking area.
   (f)   Drainage. All open off street parking areas shall be provided with adequate drainage facilities as approved by the Village Engineer. Such approval will not be required for off street parking in districts "A" through "R-6."
   (g)   Interior Design. All parts of open off street parking areas which are unusable, either for parking or for traffic, shall be paved or landscaped with plantings of grass, flowers, shrubs, and/or trees, which shall be continuously maintained.
   (h)   Marking. Designated parking spaces shall be marked on the surface of the parking area with paint or permanent marking materials and maintained in a clearly visible condition.
(Ord. 74-8. Passed 10-3-74.)

1175.05 UNITS OF MEASUREMENT.

   For the purpose of determining off street parking requirements, the following units of measurements shall apply:
   (a)   Floor Area. Floor area for nonresidential purposes shall be the sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.
   (b)   Hospital Bassinets. In hospitals, bassinets shall not be counted as beds.
   (c)   Places of Public Assembly.
      (1)   Benches. In stadiums, sports arenas, churches, and other places of assembly in which those in attendance occupy benches, pews, or other similar seating facilities, each twenty inches of such seating facilities shall be counted as one seat for the purpose of determining the off street parking requirements of this Zoning Ordinance.
      (2)   Fixed Seats and Assembly Area. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.
   (d)   Fractions. When units of measurement determining the number of required parking spaces result in requirement of a fractional space, any fraction up to one-half shall be disregarded and fractions of over and including one-half shall require one parking space.
      (Ord. 74-8. Passed 10-3-74.)

1175.06 ADDITIONS AND EXTENSIONS.

   (a)   Whenever any addition to a building or extension of land use results in an increase in the number of units used to measure required off street parking spaces, and such addition or extension creates a need for an increase of more than ten percent (10%) in the number of required off street parking spaces, additional off street parking shall be provided on the basis of the increases in the number of such units of measurement.
   (b)   In the case of additional dwelling units created by conversion of an existing dwelling, one off street parking space shall be required for each additional dwelling unit so created.
(Ord. 74-8. Passed 10-3-74.)

1175.07 MIXED OCCUPANCIES AND USES NOT SPECIFIED.

   In the case of mixed uses, the total requirements for off street parking facilities shall be the sum of the requirements for the various uses computed separately. Where a use is not specifically mentioned in Section 1175.02, the requirements for a use in similar shall apply. Off street parking facilities for one use shall not be considered as providing requirements for any other use, except as specified for joint use.
(Ord. 74-8. Passed 10-3-74.)

1175.08 COLLECTIVE PROVISION.

   Nothing in this chapter shall be construed to prevent collective provision of off street parking facilities for two or more buildings or uses, provided that the total of such off street parking spaces supplied collectively shall be not less than the sum of the requirements for the various uses computed separately and also provided that the requirements set forth in Section 1175.03(e) as to maximum distances between parking areas and establishments served shall apply to each establishment participating in the collective provisions of parking.
(Ord. 74-8. Passed 10-3-74.)

1175.09 JOINT USE.

   Section 1175.08 notwithstanding, up to fifty percent (50%) of the required off street parking requirement for theaters, bowling alleys, restaurants, bars, and similar uses may be waived when such use is contiguous or within 300 feet of a school, church, auditorium, or similar use which is closed during the principal operating hours that the aforesaid uses are open. Further, provided that a properly drawn legal instrument is executed by the parties concerned for the joint use of the off street parking facilities, which instrument shall be approved by the municipal attorney and filed with the application for a zoning certificate.
(Ord. 74-8. Passed 10-3-74.)

1177.01 GLOSSARY OF TERMS.

   (a)   "ADMINISTRATIVE OFFICER" The Administrator of the Village of Enon, or his/her designee.
   (b)   "AQUIFER." Bedrock or a glacial formation, group of glacial formations, or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.
   (c)   "REGULATED SUBSTANCES." Substances to be regulated, hereinafter referred to as Regulated Substances, are chemicals and mixtures of chemicals which are health hazards. Materials packaged for personal or household use as food or drink for human or animal consumption are not Regulated Substances. Regulated Substances include:
      (1)    Chemicals for which there is valid scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
      (2)    Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
      (3)    Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard. These chemical mixtures would be considered hazardous if they: a) contain one (1.0) percent or greater on a weight per unit weight basis, a known or listed hazardous chemical or b) contains one tenth of one (1.0) percent or greater on a weight per unit weight basis, a known carcinogenic compound.
      (4)    Ingredients of mixtures prepared within the Well Field Protection Overlay District in cases where such ingredients are health hazards but comprise less than one tenth of one (0.1) percent of the mixture on a weight per unit weight basis if carcinogenic, or less than one (1.0) percent of the mixture on a weight per unit weight basis if non-carcinogenic.
      (5)    Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).
      (6)    Other solids, liquids and gases that the Ohio EPA may designate in the future as hazardous substances.
   (d)   "CAPTURE AREA, ONE YEAR." The area around protected public water supply well fields scientifically delineated by the one-year travel time contour.
   (e)   "CAPTURE AREA, FIVE YEAR." The area around protected public water supply well fields scientifically delineated by the five-year travel time contour.
   (f)   "DIRECT RECHARGE AREA." That portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
   (g)   “DRINKING WATER SOURCE PROTECTION PROGRAM" Ohio EPA's program is based on the Safe Drinking Water Act as amended in 1996 and was approved by US EPA in November, 1999. The Source Water Assessment and Protection Program expands the Wellhead Protection Program to include all public water systems, including those using surface waters. The processes, guidance, and documents produced for and under the Wellhead Protection Program form the core of this program.
   (h)   "RECHARGE LAGOON." A body of water designed and maintained by man to add water to the groundwater at a rate greater than that occurring naturally.
   (i)   "WELL FIELD." A tract of land that contains production wells for supplying water.
   (j)   "JUNK YARD/RECYCLING CENTER" means a place or structure where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, or any combination there of, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including used cars in operable condition, or salvagt'!d materials incidental to manufacturing operations, and not including such places where such uses are conducted entirely within a completely enclosed building or structure.
   (k)   "POTABLE WATER." Water that is satisfactory for drinking, culinary and domestic purposes, which meets current drinking water standards.
   (l)   “PROTECTION COMMITTEE" A group of individuals that represent the organizations, businesses, and other participants in the drinking water source protection planning process and those mostly likely to be affected by any decisions made. Many participants will also play a role in implementing protective strategies.
   (m)   "PROTECTED PUBLIC WATER SUPPLY." A public water system which services at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents, and having a one-year capture area defined through appropriate hydrologic studies.
   (n)   "ZONE OF INFLUENCE." A zone delineated by iso-travel time contours around well fields. The zone is calculated, based on the rate of movement of groundwaters in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.
   (o)   "TRAVEL TIME CONTOUR." A locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
   (p)    "UNDERGROUND STORAGE TANK." Any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of Regulated Substances and the volume of which (including the volume of underground pipes connected thereto) is ten (10) percent or more beneath the surface of the ground.
   The term Underground Storage Tank does not include any of the following:
      (1)   Pipeline facilities, including gathering lines, regulated under The Natural Gas Pipeline Safety Act of 1968", 82 Stat. 720,49 U.S.C.A. 2001, as amended;
      (2)   Surface impoundments, pits, ponds, or lagoons;
      (3)   Storm or waste water collection systems;
      (4)   Flow-through process tanks;
      (5)   Storage tanks located in underground areas when the tanks are located on or above the surface of the floor and the integrity of the tank is periodically visually evaluated;
      (6)   Septic tanks; and
      (7)   Tanks equal or less than five hundred (500) gallons used for storing heating fuel for consumptive use on the premises where stored provided the premises are single-family or two-family residences.
         (Ord. 13-04. Passed 7-23-13.)

1177.02 WELLHEAD OPERATION AREA (WO).

   (a)   Purpose. The Wellhead Operation (WO) Area includes Enon's potable water production wells and water treatment facilities. This area is designed to better safeguard the public health, safety and welfare of the customers of the Village of Enon's public water supply by regulating land use and the storage, handling, use and/or production of Regulated Substances within this area. The Wellhead Operation Area is totally contained with in the Well Field Protection Overlay District. It will be shown on County, Township and Village zoning maps to include only those lands owned, leased, or otherwise controlled by the Village for existing or proposed public wells.
   (b)   Permitted Uses.
      (1)   Ohio EPA licensed municipal water supply and treatment facilities operated in accordance with approved plans from the Village of Enon.
      (2)   Public parks, playgrounds and community centers.
   (c)   Conditional Uses.
      (1)   Public electric and telephone substations.
      (2)   Gas regulator and meter station buildings.
      (3)   Electric transmission towers and structures.
      (4)   Radio, television, or other transmission towers or masts, and the usual accessory buildings, only after their height and location have been approved by the Village of Enon and any other government agencies charged with the responsibility for maintaining proper ground and air safety.
   (d)   Groundwater Protection Standards.
      (1)   This Section shall not restrict use and/or storage of Regulated Substances including cleaning agents, construction materials, associated with public water supply and treatment activities.
      (2)   Use and/or storage of Regulated Substances in conjunction with public parks, playgrounds and community centers shall be in accordance with Village of Enon management policies now or subsequently adopted.
      (3)   Use of Regulated Substances in conjunction with conditional uses in this Wellhead Operation Area:
         A.   The aggregate of Regulated Substances in use may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
      (4)   Limited Exclusions. A limited exclusion from the provisions of (d)(3) is authorized for the following:
         A.   Non-routine Maintenance and Repair. A limited exclusion is authorized for the use of regulated substances for non-routine maintenance or repair of property or equipment subject to the following:
            1.   The aggregate of regulated substances in use may not exceed fifty (50) gallons or four hundred ( 400) pounds at any time.
            2.   The total use of regulated substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
      (5)   Underground Storage. Except as provided for under "PERMITTED USES", underground storage tanks, as previously defined are not permitted in the WO Area.
      (6)   Storage of Regulated Substances. Except as otherwise permitted, the storage of regulated substances other than fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this area is prohibited.
      (7)   Hazard Potential Rating. As part of the findings required under the Village of Enon Zoning Code, prior to issuance of a Zoning Certificate, the Zoning Officer shall utilize the Hazard Potential Rating System, identified in Phase II of the Village's DWSP Program, to assist in the determination of intensity of use within this area. No substitutions of a nonconforming use shall be permitted which result in an increase of the Hazard Potential Rating on a parcel within this area. If the quantities of regulated substances initially exceed the quantity limitations previously stated, they shall be considered legally nonconforming and cannot be increased.
      (8)   Wastewater Disposal. All uses within the Wellhead Operation area shall be connected to the public wastewater disposal system within a three (3) year period from the effective date of this chapter. Temporary use of seasonal sanitary services (i.e. portable toilets, self-contained outhouse manufactured of molded plastic) are permitted for public events providing they are cleaned and serviced, minimally, on a weekly schedule.
         (Ord. 13-04. Passed 7-23-13.)

1177.03 WELL FIELD PROTECTION OVERLAY (WP) DISTRICT.

   (a)   Purpose. The Well Field Protection Overlay (WP) District is designed to safeguard the public health, safety and welfare of the customers of the Village of Enon public water supply by regulating the land use, storage, handling, use and/or production of Regulated Substances. The areal extent of the zone is described as the land area within the Village of Enon and/or Mad River Township which lies within the one (1) year capture area surrounding existing public wells of the Village of Enon. The intent of this designation is to protect the Village's potable water supply against contamination.
   (b)   Applicability of Well Field Protection Overlay District to Underlying Zoning Districts. The provisions of this Section shall be applicable to all lands shown as being located within the boundaries of the Well Field Protection Overlay District on the zoning map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this Section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
   (c)   Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the corporate limits of the Village of Enon and/or boundaries of Mad River Township to make a determination of the applicability of this Section as it pertains to the property and/or business. Failure to do so shall not excuse any violations of this Section.
   (d)   Permitted Uses. The permitted uses, within the WP District shall be those of the underlying zoning district except as otherwise noted or prohibited.
   (e)   Conditional Uses. The requirements of this Section shall be in addition to any applicable regulations found elsewhere within the Village's Zoning Code.
      (1)   The conditional uses within the WP District shall be those of the underlying zoning district, except as specified elsewhere in these regulations.
      (2)   When listed as a permitted or conditional use within the underlying zoning district, the excavation, extraction, mining or processing of sand, gravel and limestone from the earth for resale shall remain as conditional uses in the Well Field Protection Overlay (WP) District subject to Board of Zoning Appeals approval of an excavation and facilities plan that includes, but is not limited to:
         A.   An existing site plan with topographic detail at two (2) foot contour intervals, all survey related information, groundwater depth, and flood plain characteristics.
         B.   The proposed extent and depth of excavations.
         C.   Slope angle of excavation walls (any final slopes shall be at the angle of repose for the remaining material).
         D.   Use and disposition of the spoil and/or overburden materials from the excavations including a landscaping and vegetation plan to stabilize any disturbed material.
         E.   Surface drainage plan:
            1.   Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from on or offsite waterborne regulated substances.
      2.   The final on-site grading shall minimize all surface drainage into the excavations.
         F.   A post-excavation and operation land use plan.
         G.   A security plan (unauthorized access shall be strictly prohibited as long as any excavations remain on site).
   (f)   Prohibited Uses.
      (1)   Municipally owned and/or operated landfills.
      (2)   Sanitary landfills.
      (3)   Commercial or residential drywells
      (4)   Landfills comprised of construction and/or demolition debris or other non-approved matter.
(5)   Junkyards.
      (6)   Land or subsurface disposal of wastewater and wastewater residues.
      (7)   Any other uses similar to the above.
   (g)   Non-conforming Uses. Any existing prohibited use, non-approved conditional use, or any other use, property or business having an amount of regulated substances exceeding the quantities set forth in the following section is a nonconforming use and is allowed to remain; however, no change of occupancy or any expansion involving regulated substances, or any modification resulting in an increased amount of regulated substances greater than the quantities outlined below on the property is permitted without approval in accordance with these zoning regulations. If a non-conforming use of any land, building, or structure is discontinued for two (2) years or more, all future use shall be in total and complete conformity with this Well Field Protection Overlay (WP) District.
   (h)   Groundwater Protection Standards.
      (1)   Quantity Limitation. Use, storage, handling and/or production of Regulated Substances in conjunction with permitted and conditional uses in this district shall be limited to:
         A.   Aggregate of Regulated Substances: The aggregate of Regulated Substances in use, storage, handling and/or production may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
      (2)   Limited Exclusion. A limited exclusion from the above provision is authorized for the following:
         A.   Non-Routine Maintenance and Repair. A limited exclusion from the above provision is authorized for non-routine maintenance or repair of property or equipment. The use, storage, handling and/or production of Regulated Substances under this exclusion shall be limited to:
            1.   The aggregate of regulated substances in use, storage, handling, and/or production may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
            2.   The total use, storage, handling and/or production of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
            3.   The application of United States Environmental Protection Agency approved agricultural chemicals by licensed personnel using best recommended practices. Below ground applications in excess of hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period shall require seventy-two (72) hour prior notice to the Enon Village Administrator.
         B.   Medical Research and Laboratories. A limited exclusion is authorized for each medical and research laboratory use, provided however, Regulated Substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of Regulated Substances shall not exceed two hundred and fifty (250) gallons or two thousand (2,000) pounds.
         C.   Cleaning Agents. A limited exclusion is authorized for Regulated Substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed one hundred (100) gallons or eight hundred (800) pounds at any time. In no case shall regulated substances claimed under this exclusion include chlorinated solvents and non-chlorinated solvents which are capable of being derived from petroleum or coal tar.
         D.   Agricultural Chemicals. A limited exclusion is authorized for on-site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals, either stored on-site or brought in from other locations from the inventory, from spill reporting and underground storage tank protection requirements of the Well Field Protection Overlay District.
NOTE: This regulation does not restrict the use of agricultural chemicals applied by licensed or permitted individuals in accordance with best management practices and/or label directions.
         E.   Through Transport of Regulated Substances. A limited exclusion is authorized for transportation of regulated substances through the Well Field Protection Overlay District provided that the transporting container(s) and vehicle(s) are in compliance with applicable federal, state and local laws and regulations. Also excluded is the regulated substance fueling the transporting vehicle as long as the transporting vehicle is in continuous transit, making delivery, or stopped for less than seventy-two (72) hours.
         F.   Vehicle Operation. A limited exclusion is authorized for regulated substances that are within containers such as gas tanks, radiators, transmissions, brake lines and other similar containers that are an integral part of an operable motor vehicle or boat and used specifically and solely for the operation of the vehicle in which the substances are contained.
         G.   Construction Materials. A limited exclusion is authorized for regulated substances associated with paving, the pouring of concrete, or construction for which all necessary permits have been obtained, provided such regulated substances are present at the construction site for which the permits have been issued and do not pose a real and present danger of contaminating surface and/or ground water.
         H.   Office Supplies. A limited exclusion is authorized for office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use by the general public. The manufacture, extraction, repackaging, or warehousing of these products shall not be excluded.
         I.   Refrigerants. A limited exclusion is authorized for regulated substances which are refrigerants contained in .equipment used for on-site air cooling or contained in household appliances.
      (3)   Underground Storage Tanks for Fuel and Lubricants.
         A.   Owners and operators of underground storage tank systems for fuel and lubricants used for vehicle operations and fuel for building and for processing heating, including residential heating fuel tanks having a capacity of greater than 500 gallons, which are located within the Well Field Protection Overlay (WP) District shall comply with the requirements of Ohio Administrative Code Section 1301:7-9-10 Bureau of Underground Storage Tank Regulations (BUSTR), as amended.
         B.   Owners and operators of new underground storage tank systems for which installation is commenced after the effective date of this ordinance shall comply with the requirements of Ohio Administrative Code Section 1301:7-9-10 (BUSTR) at the time of installation. Owners and operators of underground storage tank systems within the Well Field Protection Overlay (WP) District shall comply with the requirements of this subsection irrespective of whether they are located within a sensitive area as defined by Ohio Administrative Code Section 1301:7-9-10 Bureau of Underground Storage Tank Regulations (BUSTR).
      (4)   Underground Storage Tanks For Regulated Substances Other Than Fuels or Lubricants. New underground storage tanks and/or replacement of existing underground tanks for Regulated Substances other than fuels and lubricants are not permitted.
      (5)   Underground Storage Tanks Out of Service. Owners and operators of any underground storage tank system in the Well Field Protection Overlay (WP) District which is out of service for twelve (12) consecutive months after the effective date of this ordinance shall permanently abandon or remove the underground storage tank in accordance with the requirements of Ohio Administrative Code 1301:7-9-12 (B), (C), and (E) through (M), inclusive, and they shall file one ( 1) copy of the closure report required in subsection (L ).
      (6)   Hazard Potential Rating. As part of the fmdings required under the Village of Enon Zoning Code prior to issuance of a Zoning Certificate, the Village Administrator or his/her designee shall utilize the Hazard Potential Rating System identified in Phase II of the Village's Drinking Water Source Protection Program (DWSP) to assist in the determination of intensity of use within this district. No substitutions of a non-conforming use shall be permitted which result in an increase of the Hazard Potential Rating on a parcel within this district.
         (Ord. 13-04. Passed 7-23-13.)

1177.04 ENFORCEMENT PROVISIONS.

   (a)   Purpose. The purpose of the following sections is to safeguard the public health, safety and welfare. The intent of these provisions is to provide for the protection and availability of existing and future potable water supply by instituting rational and objective requirements, standards and criteria for the control of toxic or otherwise hazardous substances. These provisions are applicable within specifically defined areas in and around existing and future wells and well fields of the Village of Enon, thereby enhancing the protection of the public potable water supply from contamination.
   (b)   Scope.
      (1)   The provisions of the following enforcement sections shall be effective within the corporate limits of the Village of Enon and/or boundaries of Mad River Township except as otherwise provided. This chapter provides for pollution control pertaining to the Village's public water supply as permitted by the Ohio Revised Code Section 3750.11 (G).
      (2)   Nothing contained in the following enforcement sections shall be construed so as to interfere with any existing or future lawful requirements that may be, or were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this chapter.
   (c)   Administration. Except as otherwise provided herein, the Administrator for the Village of Enon, or his/her designee, hereinafter referred to as the Administrative Officer, shall administer, implement, and enforce the following sections.
   (d)   Notice of Violation.
      (1)   Any person found in violation of any provisions of this chapter or any order, requirement, rule or regulation issued under the authority of such sections will be served with a written notice stating the nature of the violation and providing reasonable time for compliance; provided however, written notice of violation may be dispensed with under the conditions described in "SPILLS, LEAKS OR DISCHARGES" and provided further, that if the Administrative Officer has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the Administrative Officer may dispense with establishing another time period for compliance as permitted by the Ohio Revised Code Section 3750.11(G).
      (2)   The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the County tax record.
   (e)   Inspections. Subject to applicable provisions of law, the Administrative Officer or authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this chapter to ensure that activities are in accordance with the provisions of this ordinance. Upon request of the entity which is the subject of the inspection, and if permitted by the State Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Administrative Officer for the above stated purposes, the Administrative Officer may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.
   (f)   Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, property, or equipment which is a part of or used in conjunction with water facilities of the Village of Enon and/or any other protected public water supply, or which results in the violation of any section of this chapter.
   (g)   Severability. A finding by any court or other jurisdiction that any part or provision of this chapter is invalid shall not affect the validity of any other part or provision of this chapter which can be given effect without the invalid parts or provisions.
   (h)   Subject Area. The area subject to the provisions of this chapter is the Wellhead Operation (WO) Area and the Well Field Protection Overlay (WP) District as shown on the official Zoning Maps of the Village of Enon, Mad River Township, and Clark County Planning.
   (i)   Determination of Applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Village of Enon Well Field Protection Overlay (WP) District to make a determination of the applicability of this chapter as they pertain to the property and/or business, and failure to do so shall not excuse any violation of said chapter.
(Ord. 13-04. Passed 7-23-13.)

1177.05 REGULATED SUBSTANCES.

   (a)   Definition. Substances to be regulated, hereinafter referred to as Regulated Substances, are described in the "GLOSSARY OF TERMS" Section.
   (b)   Management of Regulated Substances.
      (1)   No person shall place, deposit, or permit to be deposited, store, process, use, produce, dispose of, transport, or discharge, hereinafter referred to as "handle," any regulated substance on public or private property within the Village of Enon Well Field Protection Overlay (WP) District or in any area under the jurisdiction of said Village, except as provided by law, statute, ordinance, rule or regulation.
      (2)   With the exception of single or two-family residences wherein the Regulated Substances are for the maintenance of the residence or vehicles under control of the occupant, the use of any land, building, or structure in the Wellhead Operation (WO) Area or Well Field Protection Overlay (WP) District in which any Regulated Substances are handled and for which a Zoning Certificate has not been issued is hereby determined to be a dangerous public nuisance
      (3)   Any violation of the above is hereby determined to be a nuisance and must be abated.
   (c)   Clean Closure Requirements. Except in the case of a seasonal discontinuation of operation, the owner or operator of any non-residential property that becomes unoccupied or has discontinued operation for a period of ninety (90) consecutive days shall remove all regulated substances from the property other than those used exclusively for heating, cooling, and providing electrical lighting for the premises within ninety (90) days after the date upon which the property initially became unoccupied or the operation discontinued. Except as noted above, regulated substances which are excluded from reporting requirements shall be removed by the date specified above. The owner or operator shall secure the regulated substances on the property until they have been removed. The owner or operator shall notify the Village of Enon Administrator in writing of the date of the cessation of operation or the property becoming unoccupied no later than the day upon which the operation actually ceases or the property becomes unoccupied, and such notification shall include the owner's name, phone number, and address and the operator's name, phone number, and new address.
(Ord. 13-04. Passed 7-23-13.)

1177.06 REPORTING AND PROTECTION REQUIREMENTS.

   (a)   Regulated Substance Activity Inventory.
      (1)   Applicability.
         A.   Applicability to Existing Owner/Occupants. Except as provided in the Exclusions Section, any owner or occupant of any land in the Well Field Protection Overlay (WP) District at the effective date of this Section, shall file a Regulated Substance Activity Inventory Report with the Administrative Officer. Said Report shall be filed within one hundred and eighty (180) days of the effective date of this Section and follow up reports shall be filed by March 1 of each year thereafter.
         B.   Applicability to New Owner/Occupants. Except as provided in the Exclusions Section, any new owner or occupant of any land in the Well Field Protection Overlay (WP) District shall file a Regulated Substance Activity Inventory Report prior to receipt of a zoning permit or a certificate and on March 1 of each year thereafter following the date of occupancy. For purposes of this Section, "new" shall be defined as subsequent to the effective date of this Section.
         C.   Applicability for Multiple Sites. Where a person owns, operates or occupies more than one location, Regulated Substance Activity Inventory Reports shall be made for each location.
         D.   Agricultural Uses. Agricultural uses shall file a Regulated Substance Activity Inventory Report within one hundred eighty ( 180) days of the effective date of this Section and follow-up reports shall be filed by March 1 of each year thereafter. Regulated Substance Inventory Activity Reports for agricultural uses shall include total annual on-site application of Regulated Substances for the subject property located within the Wellhead Operation (WO) Area and/or the Well Field Protection Overlay (WP) District.
      (2)   Exclusions to Activity Inventory Reporting.
         A.   General. Any exclusion set forth in this subsection shall apply provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well fields; and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of the "SPILLS, LEAKS OR DISCHARGES" Section. Any exclusion granted herein shall not remove or limit the liability and responsibility of any person or activity involved. All reporting exclusions shall be limited to the uses previously described in the "GROUNDWATER PROTECTION STANDARDS" Section.
   (b)   Spills, Leaks or Discharges.
      (1)   Notification Required. Any person with direct knowledge of a spill, leak or discharge of a Regulated Substance within the Well Field Protection Overlay (WP) District, if such spill, leak or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, shall call the proper authorities (911).
      (2)   Application of Agricultural Chemicals. The application of agricultural chemicals, fertilizers, mineral acids, organic sulfur compounds, etc. used in routine agricultural operations, including plant nutrients and crop protection materials, applied under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States EPA or the Ohio Department of Agriculture, shall not be considered a spill, leak, or discharge subject to the reporting provisions of this Section.
      (3)   Liability and Required Documentation. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the Village of Enon in response to such an incident, in addition to the amount of any fines imposed on account thereof under State and Federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than one hundred eighty (180) days after the incident.
   (c)   Underground Storage Tanks.
      (1)   Definition: An underground storage tank is one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of Regulated Substances and the volume of which (including the volume of underground pipes connected thereto) is ten (10) percent or more beneath the surface of the ground. See "GLOSSARY OF TERMS" Section.
      (2)   Underground Storage Tanks Declared to Constitute Dangerous Nuisances.
         A.   With the exception of the residential use of home heating fuel in tanks having a capacity equal to or less than five hundred (500) gallons, and underground storage systems for accessory vehicle fuel, vehicle lubricants, fuel for building heating and fuel for process heating; any storage of Regulated Substances in underground storage tanks within the Well Field Protection Overlay (WP) District shall be deemed to constitute a dangerous nuisance. Every such nuisance must and shall be abated no later than five (5) years from the effective date of this chapter.
         B.   With the exception of residential use of home heating fuel in tanks having a capacity equal to or less than five hundred (500) gallons; any underground storage tank systems for accessory vehicle fuel and lubricants and fuel for building and/or process heating within the Well Field Protection Overlay (WP) District not removed within five (5) years from the effective date of this chapter must be secondarily contained and monitored in accordance with the Ohio Revised Code.
   (d)   Falsifying Information. No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this chapter.
   (e)   Retention of Records by User. Any reports or records compiled or submitted pursuant to this section shall be maintained by the user for a minimum of five (5) years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.
(Ord. 13-04. Passed 7-23-13.)

1177.07 PUBLIC WATER SUPPLY PROTECTION AUTHORITIES.

   (a)   Application. If any activity or use of Regulated Substance is deemed by the Administrative Officer to pose a real and present danger of contaminating surface and/or groundwater which could potentially enter the Village of Enon public water supply, the Administrative Officer, in accordance with Section [303.24] [519.24][713.13] of the Ohio.Revised Code, is authorized to:
      (1)   Cause cessation of said activity or use of the Regulated Substance;
      (2)   Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or
      (3)   Cause the provision of pollution control and/or abatement activities.
   (b)   Considerations. When considering the exercise of any of the above authorities or actions, the Administrative Officer shall consult with the appropriate administrative official of the Village of Enon public water supply. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonably and adequately protected from contamination for the present and the future. The Administrative Officer may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.
   (c)   Exemption of Certain Regulated Substances. The Village of Enon Board of Zoning Appeals is authorized to exclude certain regulated substances, which pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any regulated substance, the Administrative Officer shall cause such request for exemption to be heard by the Board. The recommendation of the Board shall be binding. The Administrative Officer shall notify the Drinking Water Source Protection (DWSP) Committee of all such hearings.
   (d)   Technical Consultants. Upon application for a Zoning Permit for a use within the Well Field Protection Overlay (WP) District, the Administrative Officer may employ such technical expertise as needed to ensure compliance with the provisions of these regulations. All costs incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the Village of Enon to review said Zoning Permit. (Ord. 13-04. Passed 7-23-13.)

1177.08 WELL FIELD PROTECTION APPEALS BOARD.

   (a)   Appeals. Any person may appeal an action of the Administrative Officer by filing a Notice of Appeal within twenty-one (21) days of said action and a Statement of Appeal within thirty (30) days of the date that the order being appealed was issued. A Notice of Appeal shall include at a minimum: name, address, telephone number, date, and a statement of intent to appeal. A Statement of Appeal shall include all information contained in the Notice of Appeal, a description of the nature of the appeal, and any pertinent documentation.
   (b)   Appeals Board. The Board of Zoning Appeals of the Village of Enon is responsible to hear Well Field Protection Overlay (WP) District cases. Said Board shall have the authority to take appeals, investigate matters related to said appeals, deny, uphold, or otherwise modify or waive, the Administrative Officer's actions on a case-by-case basis.
(Ord. 13-04. Passed 7-23-13.)

1177.99 PENALTY.

   Whoever violates any Section of this chapter shall be deemed guilty of a minor misdemeanor and upon failure to comply with an order served by the Administrative Officer shall be guilty of a separate offense each day on which said violation continues to occur.
(Ord. 13-04. Passed 7-23-13.)