The purpose of these supplementary district regulations is to promote the harmonious exercise of property rights and to alleviate or preclude problems by setting specific conditions for various uses and/or classifications of uses and/or areas.

(Ord. 186-91. Passed 10-15-92.)

   A dwelling may not be converted to accommodate an increased number of dwelling units unless all of the following conditions are met:

   (a)   The conversion is in compliance with all local, State and Federal codes, regulations and ordinances;

   (b)   The district regulations permit the new number of dwelling units; and

   (c)   The district regulations are met for yard dimensions, lot area per dwelling unit, floor area per dwelling unit, parking and other zoning requirements.

(Ord. 186-91. Passed 10-15-92.)

   (a)   No more than one principal structure may be constructed or sited upon any R-1, R-2 or R-3 lot. Multifamily dwelling units may be contained within more than one building on a single lot.

(Ord. 147-98. Passed 5-7-98.)

   (b)   Any business or manufacturing district that requires more than one structure per lot must be constructed in a manner that would be acceptable had there been a lot split. The size of the lot containing the multiple structures must have an area big enough to accommodate a lot split.

(Ord. 152-00. Passed 7-20-00.)

   Easements for the installation, operation and/or maintenance of utilities and/or drainage facilities are reserved as shown on each plat when recorded or otherwise established. Within these easements, no permanent structure shall be placed or permitted that might damage or interfere with the installation, operation and/or maintenance of such utilities and/or change the normal direction of flow of drainage channels within the easement.

   The easement area of each lot, and any improvements within such easement, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or a utility is responsible.

(Ord. 186-91. Passed 10-15-92.)

   All multifamily residential, business and/or manufacturing district uses (except home occupations of an office-type business nature and single-family and two-family dwelling units) shall provide a refuse collection area for trash, garbage and other discarded materials. This area shall be either completely enclosed or enclosed on at least three of the four sides by a wall or fence that is at least four feet high.

   Provisions, as determined necessary by the Zoning Administrator, shall be made for regular and adequate vehicular access for collection purposes to any refuse collection area.

   In addition, the following requirements shall apply to all uses in all districts:

   (a)   The storage of hazardous and/or toxic materials and/or wastes shall not be permitted without documented approval of the U.S. Environmental Protection Agency (USEPA) and/or the Ohio Environmental Protection Agency (OEPA) (or their successors).

   (b)   Materials and/or wastes that might cause fumes or dust, otherwise constitute a fire hazard and/or attract rodents and/or insects, shall be stored only in closed containers constructed of impervious materials.

(Ord. 186-91. Passed 10-15-92.)

   The accumulation and/or storage of junk, junk vehicles, disabled and/or inoperative machinery and/or equipment, vehicles and/or machinery parts, rags and/or any other discarded debris or objects that are defined as junk in the Ohio Revised Code, shall be prohibited, except on a property zoned to permit such use.

(Ord. 186-91. Passed 10-15-92.)

   For a corner lot, the principal structure and its accessory structures shall be set back from all street right-of-way lines by the distances required for a front yard in that district, and each such yard shall be considered to be a front yard.

   The largest remaining yard (in area) shall be considered to be a rear yard. The smallest remaining yard shall be the side yard and shall need to be only as wide as the "One Side Yard" requirement provided in Part 2, Lot, Yard, Height and Floor Area Limitations, of the Official Schedule of District Regulations provided in Section 1248.07.

(Ord. 186-91. Passed 10-15-92.)

   Two or more multifamily buildings on a single lot shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group (as a unit) shall have one front and one rear yard, and two side yards, as specified for dwellings in the district. Also, each individual building within the group shall meet all yard requirements for the district, as though each building were on an individual lot.

(Ord. 186-91. Passed 10-15-92.)

   The height limitations provided in Part 2, Lot, Yard, Height and Floor Area Limitations, of the Official Schedule of District Regulations, as provided in Section 1248.07, do not apply to appurtenances and projections (such as spires, belfries, cupolas, antennas, water tanks, ventilators or chimneys) that are required to be placed above the roof level and are not intended for human occupancy. Where the height of structures would constitute a hazard to the safe landing and take-off of aircraft at an established airport, such structures shall be limited to a safe height.

(Ord. 186-91. Passed 10-15-92.)

   Open structures, such as porches, carports, covered patios and similar architectural projections (but not canopies, balconies, platforms or decks) shall be considered a part of the building to which they are attached and shall not project into the required minimum front, side and/or rear yards.

(Ord. 186-91. Passed 10-15-92.)

   Irrespective of any other provision of this chapter, no building or other structure, or fence or planting of greater than two feet in height shall be erected or maintained in any district within the triangle, two sides of which shall commence at the corner of the corner lot and extend 25 feet away from the corner along each lot line, and extend diagonally from the 25-foot point on one lot line to the 25-foot point on the other, except that this provision is not applicable at intersections within the B-3 District controlled by traffic lights or four-way stop signs.

(Ord. 186-91. Passed 10-15-92; Ord. 149-04. Passed 7-15-04.)

   No land and/or structure shall be used in any manner that creates and/or contributes to the existence of conditions that are dangerous, injurious, harmful, noxious and/or objectionable and/or that might adversely affect surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken or maintained if, prior to undertaking or maintaining such use, acceptable measures and safeguards are implemented to reduce such conditions to acceptable limits, as established in this section. Specifically, the use of any land and/or structure in any district shall be in violation of this Zoning Code if one or more of the following conditions are found to exist at any time:

   (a)   The use and/or storage of flammable and/or explosive materials is not adequately protected by fire-resistant, fire-fighting and fire-protection equipment, or by such safety devices as are required for such activities;

   (b)   Activities involving the use and/or storage of flammable and/or explosive materials are not separated or distanced from adjacent facilities or activities to a distance compatible with the potential danger involved;

   (c)   Radioactivity, air pollution, hazardous wastes, water pollution and/or contamination are present in violation of the regulations of the USEPA and/or the OEPA (or their successors), or are found beyond any lot line of the use generating such environmental impacts;

   (d)   Objectionable noise is present due to volume (exceeding sixty-five decibels), frequency or beat, as determined by the Zoning Administrator.

   (e)   Vibration (discernible by the Zoning Administrator without instruments) is present on an adjoining lot;

   (f)   Direct or reflected glare is present that is visible from any street in any district or from property not within a Manufacturing District; and/or

   (g)   Erosion is carrying objectionable substances onto any adjacent lot.

(Ord. 186-91. Passed 10-15-92.)

   Prior to the issuance of a zoning permit, the Zoning Administrator shall require the submission of written assurances and plans indicating the manner in which dangerous and objectionable aspects and/or elements of processes and/or operations entailed in certain uses and/or occupations are to be eliminated or reduced to acceptable limits and tolerances.

(Ord. 186-91. Passed 10-15-92.)

   (a)   The following regulations are necessary to govern certain uses that are of a nonpermanent nature:

      (1)   At least seven days before the proposed beginning of a temporary use, an application for a temporary zoning permit shall be made to the Zoning Administrator and a fee, as established by Council, shall be paid.

      (2)   The application shall contain a description of the proposed use and a site plan that includes sufficient information to determine the yard, setback, parking and sanitary facility requirements for the proposed temporary use. A valid temporary zoning permit is required prior to such use.

      (3)   The application for the temporary zoning permit shall be accompanied by written permission of the property owner, and the permit shall be prominently displayed at the site. If the proposed use will encroach upon more than twenty-five percent of the nontemporary use's required parking area, the Zoning Administrator shall not issue a temporary zoning permit. The Zoning Administrator shall revoke the temporary zoning permit if he or she determines that the temporary use has encroached upon more than twenty-five percent of the nontemporary use's required parking area.

   (b)   The following uses are deemed to be temporary uses and shall be subject to the provisions of subsection (a) hereof and the specified regulations and time limits that follow, as well as the regulations of any district in which such uses are located:

      (1)   Subdivision sales offices. Subdivision sales offices shall not contain any living accommodations and shall be permitted on a lot in a subdivision for a period of one year, except that up to two six-month extensions may be granted, if conditions warrant. Such offices shall be removed within two weeks of the sale of the last lot or upon the expiration of the zoning permit, whichever occurs first. Removing the sales office includes reconverting a model home to residential use, as long as there is no more subdivision sales activity within the structure.

      (2)   Temporary buildings and/or offices. Temporary buildings and/or offices without living accommodations, and equipment and/or storage facilities that are used in conjunction with construction activity, shall be permitted upon the lot being built upon for a period of one year, except that up to two six-month extensions may be granted if construction is substantially under way. Such uses shall be removed within two weeks of the completion of the construction or upon expiration of the zoning permit, whichever occurs first.

      (3)   Temporary sales and services. Temporary sales and services may be permitted on off-street parking areas within any Central Business District Commercial District or General Highway Commercial District. The permit for temporary sales is valid for up to three consecutive days. Within any twelve-month period, no person shall receive more than four such permits and, within any twelve-month period, no more than four such permits shall be issued for any one lot.

         The applicant shall submit a current vendor's license or transient vendor's license, a copy of which shall be kept by the Zoning Administrator. This subsection shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use, or vice versa.

      (4)   Garage sales. Garage sales (including yard sales, porch sales and/or barn sales) may be permitted within any district in which dwellings are permitted and at any nonconforming residence. Any person, family or group may conduct up to two such sales within any twelve-month period, but only upon the resident's property. As long as the provisions of this Zoning Code are observed, especially those pertaining to signs and parking, such sales that do not exceed two consecutive days do not require a zoning permit. Garage sales that are to last three or four consecutive days require a temporary zoning permit. Garage sales that are to last more than four consecutive days are not permitted.

(Ord. 186-91. Passed 10-15-92.)

   (a)   In addition to the setback and yard requirements of this Zoning Code, screening or buffering (as described below) shall be provided for the lot of any nonresidential use that abuts any Residential District. The screening plan shall be submitted to the Zoning Administrator for modification and/or approval.

   (b)   The following provisions shall apply with respect to screening:

      (1)   Screening shall be provided for one or more of the following purposes, as determined by the Zoning Administrator:

         A.   A visual barrier to partially or completely obstruct the view of structures and/or activities.

         B.   An acoustic screen to aid in absorbing and/or deflecting noise.

         C.   A physical barrier to contain debris and/or litter.

      (2)   Screening shall consist of one or more of the following, as determined by the Zoning Administrator:

         A.   A solid masonry wall.

         B.   A solid wood fence.

         C.   An open fence (wood, galvanized wire, etc.).

         D.   A dense vegetative planting.

         E.   A landscaped mounding.

      (3)   The nature of the screening shall be in accordance with the following:

         A.   There shall be no screening higher than thirty inches in a required front yard.

         B.   Man-made screens shall be between seven and eight feet high.

         C.   Vegetative plantings shall be at least five feet high at planting, not less than seven feet high within two years and maintained.

      (4)   Screening for purposes of absorbing and/or deflecting noise shall be between seven and eight feet high and shall have a depth of at least ten feet (if dense vegetation), or be a combination of a solid wall (masonry or preservative-treated wood) and decorative plantings. The height shall be adequate to absorb and/or deflect noise in relation to the nature of the use, as determined by the Zoning Administrator.

      (5)   Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts and/or curbing to avoid damage to the screening by vehicles.

      (6)   All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs necessary for the efficient flow of vehicles.

(Ord. 186-91. Passed 10-15-92.)

   In the absence of a rear lot line, as defined by this Zoning Code, it is necessary to establish a pseudo-rear lot line to ensure the consistent placement of accessory structures in relation to lots that have a rear lot line. This pseudo-rear lot line shall be established by one of the following methods of determination, listed in the order of preference or precedence:

   (a)   The middle of a utility or other easement that splits the lot into two approximately equal parts.

   (b)   The rear lot line (extended) of an adjoining lot.

   (c)   The line connecting the rear lot lines of two adjoining lots.

   (d)   The middle of the distance between the two front yard setback lines.

(Ord. 186-91. Passed 10-15-92.)

   The minimum size requirements of this section are for the guidance of the Planning Commission in its consideration of the establishment of new zoning districts or of applications for rezoning.

   A recommendation to Council for a new zoning district or rezoning that involves less acreage than listed below shall include a justification for the reduced acreage:

   If the acreage is to be located in more than one zoning district, the minimum shall be met for each different zoning district that is requested.

(Ord. 186-91. Passed 10-15-92.)

   No part of a yard, other open space or off-street parking or loading space about any structure, required for the purpose of complying with the regulations of this Zoning Code, shall be included as a part of a yard, open space, off-street parking space or loading space similarly required for another structure.

(Ord. 186-91. Passed 10-15-92.)

   (a)   All developers in nonresidential and multifamily housing areas who would not otherwise be labeled as subdividers are required to present development plans to the Zoning Administrator showing all necessary elements to determine the flow of water and the retention of water that is currently on the lot and that is proposed after the expansion to an existing building is complete.

   (b)   All persons who must comply with this section shall deposit a sum of two hundred dollars ($200.00) to cover the cost of the development review. This is a minimum nonrefundable fee and, should the City be charged more than the deposit, the developer will be billed for the actual cost of the development review.

(Ord. 203-97. Passed 9-4-97.)

   Any property owner who has property zoned as a PID may develop such property under the PID regulations that were in effect under the former Zoning Code (Ordinance 116-80). No new property may receive a PID designation.

(Res. 145-97. Passed 5-1-97.)