(a)   Requirements for land subdivision and construction of structures in all districts are herein established in order to provide conformity with the basic provisions of the Zoning Code.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   Dangerous or Objectionable Elements. No land or structure in any district shall be used or occupied in any manner so as to create or adversely affect the adjoining premises or surrounding area, by impacting with elements referred to herein as "elements dangerous or objectionable to the general health and welfare," including any dangerous, injurious, noxious, or otherwise objectionable, artificial illumination, fire, gases, explosive or other hazard; noise, vibration, smoke, dust, odor, cinders, fumes or other form of air pollution; heat, cold, dampness, electrical or radioactive disturbance, condition or element; garbage, rubbish or waste. However, any use permitted by this Zoning Code may be established and maintained if it conforms to the provisions of this section.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   Whenever it is alleged that a use of land or a structure creates or is likely to create or otherwise produce dangerous or objectionable elements, the Zoning Administrator shall make a preliminary investigation of the matter and, if concurring with the allegation, may employ a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and practical means of remedying such condition.

   (b)   Upon receipt of the findings and recommendations of any such specialist or laboratory, the Zoning Administrator may approve, partially approve or disapprove the measure recommended therein and, if approving or partially approving, proceed with the enforcement of such measures.

   (c)   The City shall bear the cost of the various tests, consultations or other investigations which are required herein, provided that the owner of the property under investigation shall reimburse the City for all such expenses in the event that operation or use of such property is found to be in violation of the provisions of this Code by the Zoning Administrator or, if contested, by the Board of Zoning and Building Appeals or a court of competent jurisdiction. Such reimbursement shall be made within thirty (30) days from the date of the final Zoning Administrator or Board of Zoning and Building Appeals ruling or court judgment.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   No mobile home shall be parked in any zoning district.

   (b)   No cabin, cabin court or camp shall be permitted in any zoning district.

   (c)   No outdoor wood-fired boiler shall be permitted in any zoning district.

   (d)   No medical marijuana related business as may be allowed or permitted under the Medical Marijuana Control Program, Ohio R.C. Ch. 3796, including any marijuana cultivation operation, marijuana processing facilities, or marijuana retail dispensaries, shall be permitted in any zoning district.

   (e)   No adult use cannabis operators shall be permitted in any zoning district pursuant Ohio R.C. 3780.25. Adult use cannabis operators include all marijuana cultivators, processors, or dispensaries.

(Ord. 2010-059. Passed 3-7-11; Ord. 2017-055. Passed 9-5-17; Ord. 2020-021A. Passed 6-15-20; Ord. 2023-089. Passed 1-8-24.)

   (a)   No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Zoning Code.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   Essential services, as defined below, shall be permitted as authorized and regulated by law or ordinance of the City, the intent of this section being to exempt such essential services from the application of this Zoning Code, provided that such services are essential to residents of the City and are owned and operated by the City.

   (b)   Essential services are defined as those services furnished by public utilities or municipal or other governmental agencies, such as gas, electrical power, water and the like, as are necessary for the furnishing of services to the community, but not including power transmission tower lines, coal conveyor belt lines and other similar uses not primarily serving the local community.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)

   (a)   Nothing contained in this Zoning Code shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approval and the required building permit have been granted before the effective date of this Zoning Code or amendments thereto. Any such construction must have been started prior to the effective date of this Zoning Code or amendments thereto, and construction thereof carried on in a normal manner within the subsequent six-month period and not discontinued until completion.

(Ord. 2010-059. Passed 3-7-11; Ord. 2020-021A. Passed 6-15-20.)