Loudonville City Zoning Code
CHAPTER 1262
Supplementary Regulations
1262.01 NONCONFORMING USES.
(a) Any legal use of a structure or land lawfully existing on the effective date of this Zoning Code may be continued, even though such use does not conform to the provisions of the Odinance. This nonconforming lawful use of a structure may be extended throughout those existing parts of the structure which were arranged or designed for such use. No nonconforming structure shall be moved, extended, enlarged, or structurally altered, except when authorized by the Board of Zoning Appeals in accordance with the provisions of this Zoning Code as provided in Section 1244.05(f).
(b) Whenever the lawful use of a structure of land becomes nonconforming through a change in this Zoning Code or in the district boundaries, such use may be continued subject to the same limitations and the same conditions set forth above.
(c) A nonconforming lawful use which has been damaged by fire, explosion, act of God, or the public enemy may be reconstructed and used as before the time of damage, provided such repairs or reconstruction is completed within two years of the date of such damage, and provided that the new building, use or structure shall not contain more than the original space of the replaced building, use, or structure and shall conform to all building regulations of the Village.
(d) If a nonconforming use is abandoned for more than two years, any subsequent use must conform with all provisions of the zoning district in which such use is located and all other provisions of this Zoning Code.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.02 RESTORING UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of an part of any building or structure declared unsafe by any building inspector or Village official, or prevent compliance with his or her lawful requirements.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.03 BUILDINGS UNDER CONSTRUCTION.
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any building, structure or part thereof, for which a building permit has been granted before the enactment of this Zoning Code and the construction of which, from such plans, shall have been started within ninety days of the date of enactment of this Zoning Code, or the construction of which was legally started without a building permit on or before the enactment of this Zoning Code.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.04 NEWLY ANNEXED AREAS.
Upon annexation of Township territory to the Village, any Township zoning regulations then in effect shall remain in full force and shall be enforced by the Township until the Village Council either adopts the existing regulations or new regulations for such territory. When no Township regulations are in effect, the annexed area shall not be zoned until action is taken to zone such area in accordance with Section 1240.05.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.05 LIMITATIONS ON KEEPING ANIMALS, FOWL, AND BEES.
(a) The following regulations shall govern the keeping of cows, horses, sheep or goats, and bees on lots that are less than five acres of land in area. All larger lots or parcels shall be exempt from these limitations.
(b) Cows, horses, sheep, or goats shall not be kept on lots having an area less than two acres.
(c) Chickens, fowl, and/or rabbits shall not be kept on lots having less than 24,500 square feet. The total number of such chickens, fowl, and/or rabbits or any combination thereof shall not exceed one for each 500 square feet of property over 24,500 square feet. No roosters over the age of six months, and that can be heard by neighbors, shall be kept. The number of young chickens, fowl, and/or rabbits (under the age of six months) allowed on the property at any one time shall not exceed three times the allowable number of chickens, fowl, and/or rabbits over the age of six months.
(d) Colonies of bees cannot be kept on lots having less than 25,000 square feet. The total number of colonies of bees allowed on a lot shall be limited to one colony for each 1,000 square feet of lot area over 24,500 square feet.
(e) Animal runs or barns, chicken, fowl and/or rabbit pens, and colonies of bees shall be restricted as follows:
(1) Animal runs or barns. No closer than 150 feet from the front property line nor closer than fifty feet from any neighboring dwelling.
(2) Chicken, fowl, and/or rabbit pens. No closer than 100 feet from the front property line nor closer than fifty feet from any neighboring dwelling.
(3) Colonies of bees. No closer than 100 feet from the front property line nor closer than fifty feet from any neighboring dwelling.
(f) Animals, chickens, and/or fowl shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food shall be stored in metal or other rodent-proof receptacles. (Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.06 PUBLIC NUISANCES PROHIBITED.
(a) In General. No land or building in any district shall be used or occupied in any manner that creates dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements.
(b) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(c) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(d) Noise. Noise shall be so controlled that at the property line on which such noise is produced it will not be at a level above that normally perceptible from other development in the area or from the usual street traffic observed at the street right-of-way line on the lot, except an occasional blast required in normal operation and produced in such manner as not to create a hazard. If such blast or other noise creates an objectionable noise, as determined by the Board of Zoning Appeals, such noise shall be muffled or otherwise controlled. Sirens and related apparatus used solely for public purposes are exempt from this regulation.
(e) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(f) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation, or other property, or which can cause excessive soiling.
(g) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an Industrial District or from any street.
(h) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(i) Water Pollution. No pollution of any stream, reservoir, aquifer (underground water supply), or other water body within or surrounding the Village, shall be permitted which would create a serious threat to the health, safety, or welfare of the residents of the Village.
(j) Litter. Litter constituting a detriment to public health which has been placed on any property shall be removed. Litter includes any garbage, waste, peelings of vegetables or fruit, rubbish, ashes, cans, bottles, wire, paper, boxes, parts of automobiles, furniture, glass, or oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
(k) Junk. Junk such as abandoned vehicles, household appliances, farm equipment, or any other matter, for which no future use is contemplated or which has deteriorated to the point of creating a visual blight on the landscape, shall be removed from view from any public road or right-of-way.
(l) Enforcement Provisions. The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerance. The Zoning Inspector shall investigate all complaints. If the Inspector finds a property in violation of this section, he or she shall give a written notice by registered mail or in person to the owner or person in charge of the property requiring him or her to remove the nuisance within fifteen days (thirty days for dilapidated structure) of receipt of the notice. If the nuisance is not removed within this period, the Inspector shall hire someone to remove the nuisance and bill the owner or person in charge of the property for the cost of the labor and any materials used. If the bill is not paid, it will be added to the tax duplicate of such property.
(m) Measurement Procedures. Methods and procedures of the Village for the determination of the existence of any dangerous or objectionable elements which constitute a public nuisance may utilize any applicable and reliable measurement procedures, or the Village may request the assistance of reputable consultants, government organizations, or other sources if authorized by the Village Council.
(n) Existing Public Nuisances Subject to Discretion of Council. Any public nuisance described in this Zoning Code that exists at the time of the adoption of this Zoning Code shall be subject to the discretion of Village Council prior to any action on the part of the Village to abate or take any other action against such public nuisance. In the utilization of such discretion, the Council shall determine what reasonable action, if any, should be taken by the Village to bring about the partial or total abatement of such public nuisance in question.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.07 MOBILE HOME PARKS.
The Planning Commission shall review the particular facts and circumstances of each proposed development in terms of the following standards before amending the official Zoning Map and establishing this District:
(a) The proposed park will be served adequately by essential public facilities and services such as highways, streets, drainage, refuse, disposal, schools, police and fire protection, or that persons involved in the establishment of the park will provide such services adequately.
(b) The vehicular approaches to the proposed park property will be so designed as not to create traffic interference or congestion on the surrounding public streets or roads.
(c) The establishment of the proposed park will not result in the damage, destruction, or loss of any natural, scenic, or historic features of major importance.
(d) The establishment of the proposed park will not be demonstrably detrimental to the value of the surrounding properties or the character of the adjacent neighborhood.
(e) All manufactured home parks shall comply with the requirements of Ohio Administrative Code Chapter 3701 promulgated by the Ohio Public Health Council in accordance with Chapter 3733 of the Ohio Revised Code.
(f) Except as provided in this section, no person shall park or occupy any mobile home or double wide mobile home, or any manufactured home, on any premises in any district outside an approved mobile/manufactured home park. The parking of any unoccupied mobile/manufactured home in an accessory private garage building shall be permitted in any district, provided that no living quarters shall be maintained or any business conducted in such mobile/manufactured home while so parked or stored. (Ord. 75-96. Passed 11-18-96.)
1262.08 INDUSTRIALIZED UNIT HOUSING.
Notwithstanding the provisions of Section 1262.07, industrialized unit housing, as defined in Section 1240.07, is permitted or conditionally permitted in residential and other zoning districts according to the particular requirements pertaining to each zoning district as stated elsewhere in this Zoning Code and as further required herein.
(a) The building lot and the industrialized unit home must meet all of the other zoning, building and service requirements of the Village, similar to a site-built dwelling unit.
(b) The industrialized unit home shall not otherwise be classified or defined as either a mobile home or double wide mobile home. (See Section 1240.07.)
(c) The industrialized unit home shall be permanently attached to a masonry foundation similar in both construction and appearance to a conventional site-built dwelling unit.
(d) The industrialized unit home shall require no additional skirting or underpinning of a style or type customarily associated with or used on mobile homes.
(e) The industrialized unit home shall be approved by the State of Ohio under the applicable State Building Code reference. State building approval must be demonstrated at the time of application for a zoning permit. Industrialized unit homes not approved by the State of Ohio will not be permitted.
(f) A zoning permit must be obtained by the applicant as required elsewhere in this Zoning Code before any construction is started and before any industrialized unit home is moved to the building site.
(g) The industrialized unit home shall be properly connected to approved Village and other public utilities the same as for any other residential dwelling structure.
(h) The industrialized unit home shall not be occupied until the home is fully erected on a permanent foundation and otherwise fully assembled and permanently connected to approved utilities, and until such time as all other conditions of occupancy are met.
(i) The industrialized unit home shall not be less than twenty-four wide and thirty-six feet long (exterior dimensions).
(Ord. 9-85. Passed 1-22-85; Ord. 75-96. Passed 11-18-96.)
1262.09 CAMPS.
(a) Camps are permitted only in R-1 Rural Residential and Planned Development Districts. Camps having over fifty sites shall only be approved in Planned Development Districts and shall be submitted in accordance with Chapter 1256.
(b) All camps shall comply with regulations of the Ohio Department of Health relative to the location, layout, construction, drainage, sanitation, safety and operation of camps.
(c) No construction of any street or part of any camp shall be started prior to issuance of a zoning permit, and no zoning permit shall be issued prior to State Health Department approval.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.10 VACATION HOME DEVELOPMENTS.
(a) All vacation home developments having five or more living units, or similar projects, shall only be permitted in Planned Development Districts and shall be submitted for zoning as such in accordance with Chapter 1256.
(b) No construction of any street or part of any vacation home development project having five or more living units shall be started prior to issuance of a zoning permit, and no zoning permit shall be issued prior to Council approval of the development plan as required in Planned Development Districts. (Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.11 TEMPORARY STRUCTURES.
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress and shall be approved by the Board of Zoning Appeals (Section 1244.05(g).) Portable toilets for construction workers and other such small structures shall not require a temporary use approval by the Board.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.12 MINERAL EXTRACTION, STORAGE, AND PROCESSING, INCLUDING OIL AND GAS WELLS.
(a) Extraction, storage and processing of minerals of all types shall be allowed only in those districts where expressly permitted, except that the extraction and storage of sand or gravel on farms of five acres or more shall be exempt when such sand or gravel is for use on such farm.
(b) Mineral extraction, storage, or processing shall not be conducted closer than 200 feet from any structure used for human occupancy.
(c) The operator shall file with the Zoning Inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads, and natural features.
(d) The operator shall submit information on the anticipated depth of excavations and on depth and probable effect on the existing water table, unless exempted by Village Council.
(e) The operator shall file with the Zoning Inspector, unless exempted by Village Council, a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.
(f) The operator shall file with the Village, unless exempted by Village Council, a bond, payable to the Village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate, per acre of property to be mined, of the required bond shall be fixed by the Council. The bond shall be released upon written certification of the Village's designated inspector that the restoration is complete and in compliance with the restoration plan. State bonding shall be acceptable in lieu of Village bonding when applicable as determined by Council or law.
(g) No mineral extraction, storage or processing shall be started prior to issuance of a zoning permit and no zoning permit shall be issued prior to posting of a bond with the Village, unless such bond is exempted.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1262.13 FENCES AND WALLS.
(a) Definitions. Fence/wall. The words fence and wall shall herein mean any structure composed of wood, metal, stone, brick plastic, cellular vinyl, or other natural and permanent material erected and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the words fence and wall.
(b) Fence and Wall Regulations.
(2) Except as otherwise specifically permitted herein, no fence or wall shall exceed the following height limitations:
A. No fence or wall over two and one-half feet shall be permitted in the front yard of any R-2, R-3 or R-4 District.
B. No fence or wall over eight feet shall be permitted in any side or rear yard of any R-2, R-3 or R-4 District.
C. On any corner lot there shall be no planting, structures, fences, shrubbery or obstruction to vision more than two and one-half feet higher than the curb level within twenty-five feet of the intersection of any two streets in all districts.
The height of a fence or wall shall be measured from the established grade line to the highest point of the fence or wall including posts and finials. The height of the fence or wall may not be artificially increased by the use of mounding.
(3) Supporting members for fences and walls shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.
(4) The fence or wall shall not be permitted to encroach upon public rights-of-way or easements. The fence or wall shall not be located so as to adversely affect the vision of drivers on the public streets or from driveways intersecting public streets, as determined by the Zoning Inspector in his or her sole discretion.
(5) Fences and walls shall be constructed no closer than twenty-four (24) inches from the property's boundary line, unless otherwise agreed to in writing by the property owner(s) adjoining the property line for that part of the fence, or where another distance is required by ordinance or law. Written authorization from adjoining property owners shall be provided to the Village as part of the permit application process. Property owners shall be required to maintain their property, including grass and weed maintenance, on both sides of any fence or wall on the owner's property.
(6) Boundary pins/stakes must be visible for approval of fence and wall permit applications. If such pins/stakes are not visible, the Village may require a survey to be prepared by a licensed surveyor, at the applicant's expense, prior to consideration and/or approval of the permit application.
(c) Maintenance.
(1) Permitted fences, walls or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls or structures and property lines shall be well maintained at all times by the owner of those grounds. (Ord. 6-2019. Passed 3-18-19.)
1262.14 REGULATION OF SATELLITE DISH ANTENNAS.
This section shall apply to the location and construction of dish-type satellite signal- receiving/transmitting antennas as herein defined.
(a) Purpose. It is the purpose of this section to regulate the location and construction of dish-type satellite signal-receiving/transmitting antennas within the Village in order to protect the public health, safety and welfare of the residents, particularly with respect to the maintenance of utility easements and fire safety accesses, the prevention of the accumulation of noxious weeds and debris, the safety considerations associated with wind loads, and the reasonable accommodation of the aesthetic concerns of neighboring property owners.
(b) Definitions. The following definitions shall apply in the interpretation of this section:
(1) “Dish” shall mean that part of a satellite signal/receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolical or similar in shape.
(2) “Dish-type satellite signal-receiving antennas” shall include earth stations or ground stations, whether functioning as part of a basic service system, direct broadcast satellite system, or multi-point distribution service system, and shall mean one or a combination of two or more of the following:
A. A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources.
B. A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals.
C. A coaxial cable, whose purpose is to convey or transmit signals to a receiver.
(3) “Earth Station” shall mean any earth based satellite signal receiving apparatus.
(4) “Receiver” shall mean the apparatus whose purpose is to obtain a signal from a cable or like source and transform it to a television signal.
(Ord. 75-96. Passed 11-18-96.)
(c) Zoning/Building Permit Required. No person, firm or corporation shall undertake the construction, erection or installation of any satellite dish, having a diameter of greater than twenty-four inches, without a zoning permit issued in accordance with the provisions of the Zoning Code. In addition to the requirements of this section, the application for such permit shall include the following:
(1) A description of the type of earth station proposed.
(2) A plot plan of the lot, premises or parcel of land showing the location of the proposed earth station and all other buildings thereon.
(3) Plans depicting the specifications and elevations of the proposed location, to include satisfactory screening and landscaping for ground-mounted structures.
(4) Details of the method of assembly and construction of the proposed earth station.
(5) A fee is required by Section 1242.03
for the review of the plans and specifications and the inspection of construction.
(Ord. 25-99. Passed 6-7-99.)
(d) Ground-Mounted Satellite Dish Antennas. Ground-mounted satellite dish antennas are considered to be accessory structures, and are permitted as accessory structures in the Village of Loudonville. In addition to the provisions of this section pertaining to accessory structures, the following provisions shall apply to ground- mounted satellite dishes:
(1) The maximum diameter of any ground-mounted satellite dish shall be twelve feet.
(2) The maximum height of any ground-mounted satellite dish shall be fifteen feet above the finished grade.
(3) The “dish” portion of the apparatus shall have a surface of open mesh construction and shall not have a solid surface.
(4) The satellite dish apparatus shall be painted a color which complements its environment as proposed in the zoning permit application and shall bear no advertisement, lettering, picture or visual image.
(5) The apparatus shall not be located in a side yard or a front yard.
(6) The site of the apparatus shall be screened with shrubbery and/or landscaped as proposed in the zoning permit application.
(7) The apparatus shall be mounted upon a solid concrete slab and shall be constructed in such a manner that it will withstand wind forces up to seventy-five miles per hour.
(8) Only supports of galvanized construction shall be used.
(9) Any guy wires attached to a satellite dish apparatus shall be enclosed by an approved fence.
(10) Any driving motor shall be limited to 110 volts maximum power and shall be encased in a protective guard.
(11) All wiring between the apparatus and any other structure shall be placed underground in approved conduit.
(12) The apparatus shall be bonded to an approved eight-foot grounding rod.
(e) Roof-Mounted Satellite Dish Antennas. Roof-mounted satellite dish antennas are considered to be accessory structures and are permitted as accessory uses in the Village of Loudonville. In addition to the provisions of this section pertaining to accessory structures, the following provisions shall apply to roof-mounted satellite dishes:
(1) The maximum diameter of any roof-mounted satellite dish shall be three feet.
(2) The height of any roof-mounted satellite dish shall not exceed the roof height of the building upon which it is mounted by more than four feet.
(3) The “dish” portion of the apparatus shall have a surface of open mesh construction and shall not have a solid surface.
(4) The apparatus shall be painted a color which complements its environment and shall bear no advertisement, picture, lettering or visual image.
(5) All wiring and grounding of the apparatus shall be in accordance with the electrical code(s) currently adopted and approved by the State of Ohio, or as hereafter amended, and incorporated into the Ohio Basic Building Code.
(6) The apparatus, its mounting and all supporting devices shall be constructed and erected in accordance with the Ohio Basic Building Code directly upon the roof of the principal building and
shall not be mounted upon a spire, tower, turret, chimney, pole or any appurtenances attached thereto.
(7) The satellite dish apparatus shall be so designed and installed as to withstand wind forces up to seventy-five miles per hour.
(f) Variances From Location Restrictions. An applicant may request a variance from the location restrictions and the required height restrictions set forth herein, in accordance with the procedures set forth in Section 1244.05
(b) and, as applicable, Section 1242.02
. In addition to all requirements of these sections, the applicant shall submit clear and convincing evidence that the required variance is necessary in order for the satellite dish antenna to have a direct line of sight or unobstructed view to the satellite. In any case where this provision applies, the variance granted by the Board of Zoning Appeals shall be the minimum variance required to achieve the necessary direct line of sight to assure that the antenna can properly function.
(Ord. 75-96. Passed 11-18-96.)
1262.15 REGULATION OF SWIMMING POOLS AS ACCESSORY USES.
This section shall apply to the location and maintenance of swimming pools.
(a) Purpose. It is the purpose of this section to promote the public health, safety and welfare through the regulation of swimming pool facilities which are constructed, operated or maintained as an accessory use.
(b) Private Swimming Pools. No private swimming pool, exclusive of portable swimming pools with a diameter of less than twelve feet, with a depth of less than eighteen inches, or with an area of less than 100 square feet, shall be allowed in any residential district or commercial district except as an accessory use, and such pools shall comply with the following requirements:
(1) The pool is intended to be used solely for the enjoyment of the occupants of the property on which it is located and their guests.
(2) The pool may be located anywhere on the premises, except in required front yards, provided that it shall not be located closer than twelve feet to any property line or easement.
(3) The swimming pool, or the entire property upon which it is located, shall be walled or fenced in such a manner as to prevent uncontrolled access by children from the street and from adjacent properties, in addition to existing fence regulations. No such fence shall be less than four feet in height and such fences shall be maintained in good condition with a self-closing and self-latching gate. Above-ground pools with minimum side height of four feet and retractable ladders need not comply with fence requirements.
(4) A zoning permit shall be required upon the installation of a private swimming pool, pursuant to Section 1242.02
.
(c) Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club or association, for use and enjoyment by members and their families. Such swimming pools shall comply with the following requirements;
(1) The pool is intended solely for, and is used solely for the enjoyment of, the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and all accessory structures thereto, including all areas used by the bathers, shall not be located closer than seventy-five feet to any property line or easement.
(3) The swimming pool, its accessory facilities and all areas used by bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall not be less than eight feet in height and shall be maintained in good condition with a gate and lock. The areas surrounding the enclosure, except for parking spaces, shall be suitable landscaped by grass, hardy shrubs and trees and maintained in good condition.
(4) Exterior lighting shall be so shaded or directed that it does not cast light directly upon adjacent properties.
(5) Such pool facilities shall not be operated prior to 8:00 a.m. or after 11:00 p.m., except as approved by appropriate Village authority.
(Ord. 55-01. Passed 10-1-01.)
1262.16 REGULATION OF STORAGE WAREHOUSES.
(a) Purpose. It is the purpose of this section to provide for the development of storage warehouses in C-1, C-2 and R-C Districts for uses accessory to residential uses in a planned manner in harmony with the neighborhood in which warehouse development is undertaken. Such use shall be a conditional use and not a use of right.
(b) Prohibited in Certain Districts. Notwithstanding any other provisions of this section, no storage warehouse shall be permitted in any district or territory zoned R-1, R-2, R-2a, R-3 or R-4.
(c) Not to Restrict Use by Right. Nothing herein shall be deemed to limit warehouse use within an Industrial District as elsewhere permitted or provided for by section.
(d) Conditional Use Required. The Village Council may, after the review and recommendation of the Planning Commission, approve a plan for a storage warehouse upon any tract which is zoned C-1, C-2 or R-C when such plan is found to comply with the conditions and requirements hereinafter set forth.
(e) Site Plan Submission and Consideration.
(1) The property owner(s) of any tract may submit a site plan for approval as a storage warehouse to the Loudonville Village Planning Commission for review, recommendation and forwarding to the Council. Administrative review shall be undertaken by the Loudonville Planning Commission, the Board of Public Affairs and the Fire Department to determine whether such site plan complies with the terms and conditions set forth herein.
(2) After Planning Commission review, said plan shall be forwarded to the Village Council for review and recommendation. The Council shall then proceed to review said application upon the recommendation of the Loudonville Planning Commission. No plan shall be approved that does not comply with the provisions set forth herein.
(3) Prior to review by the Commission and the Council, notice shall be published as for a zoning amendment pursuant to the procedure set forth in Section 1240.05
.
(4) The application for such a plan shall be subject to the same protest rights provided to property owners.
(5) An approved plan for a storage warehouse shall be and remain valid for a period of twenty-four months from the date of its approval, after which said plan may be declared void by the Council. In the case of a plan for phased development, any portion of the plan upon which construction is not begun within twenty-four months of approval may be declared void by the Council.
(f) Contents of Plan and Site Review; General Requirements.
(1) No storage warehouse facility shall exceed the lot coverage percentages established and defined by this Zoning Codes and/or the Subdivision Regulations of the Village of Loudonville, Ohio, as said Code and Regulations have established the maximum permissible percentages of lot coverage for C-1, C-2 and R-C Districts, respectively.
(2) The lot shall abut and gain direct access to a local nonresidential collector or arterial street as specified in the Thoroughfare Plan and street maps.
(3) The site plan shall show the existing site along with surrounding land within 200 feet of its border or property boundary line. Street rights-of-way and easements shall be included. The area 200 feet adjacent to the site may be shown by a locator map.
(4) The plan shall be drawn at a scale of one inch equals fifty feet or larger. Said plan shall include all building locations, drivers parking, fencing, and signage. A landscape plan shall also be submitted as part of the site plan and may be included or submitted on a separate sheet. Building elevations shall also be included on the plan along with specification of the colors of the buildings and materials to be used.
(5) Stormwater management shall be incorporated into the plan so that stormwater runoff from the site will not increase as a result of the proposed development. The facility shall be designed to control the stormwater runoff from at least a twenty-five year return frequency storm as certified by a professional engineer.
(6) Construction of buildings shall meet the requirements of the Ohio Basic Building Code.
(7) All storage shall be kept within an enclosed building.
(8) Lighting shall conform to generally accepted industry standards.
(9) Building setbacks shall be as follows:
A. Front yard. Not less than twenty-five feet on which all parking and internal drives are prohibited.
B. Side yard. Not less than 12.5 feet on which all parking and internal drives are prohibited.
C. Rear yards. Not less than 12.5 feet on which all parking and internal drives are prohibited, except that a rear yard is not required adjacent to land zoned commercial or industrial.
(10) The storage warehouse facility shall be enclosed by a six-foot high, sight- proof fence. Said fence shall be solid or semi-solid, and constructed to prevent the passage of debris or light. It shall be constructed of either brick, stone, masonry units, wood or similar materials. Chain-link fence may be used so long as it has slats installed to prevent the passage of light through the unit. Said fence shall be set back six feet from the side property line and rear property line. When a rear property line is not required, a lesser setback for a fence can be granted. Fences shall also be set back twenty-five feet from the front property line. Upon application to Council, however, Council may waive this requirement upon a showing of good cause. Application shall be made to Council, in writing, and shall otherwise follow the same procedures as required for a zoning amendment, as set forth in Section 1240.05
.
(11) Landscaping shall be provided in the areas between the property line and the required fencing. Landscaping shall consist of a variety of hardy evergreen planted materials consisting of trees and shrubs, together with suitable ground cover, such as native grasses, bark, ornamental gravel, or a combination thereof. The landscaping shall be designed, placed and maintained in such a manner that no wall, fence, sign or other structure, or plant growth of a type that would interfere with traffic visibility, shall be permitted or maintained higher than three feet above curb level, within fifteen feet of the intersection of any street right-of-way line or driveway.
(12) Parking shall be provided at a ratio of one space for each 2,000 square feet of gross building area, plus two additional spaces for the manager. One additional space shall be provided for
each additional employee. Internal drives and parking shall comply with the requirements of this Zoning Code, and the Subdivision Regulations, as applicable.
(13) Building heights shall be limited to one story (not to exceed fourteen feet at the eaves).
(14) Notwithstanding any other signage restrictions imposed by this Zoning Code, signs shall be limited to one ground sign at the entrance to the premises. Said ground sign shall be no larger than thirty-two square feet with a maximum height of ten feet.
(g) On-Site Manager Required. No facility herein provided for shall be used or maintained unless or until an on-site manager shall be provided for at such facility. Failure to provide such a manager shall be grounds for revocation of the conditional use. Upon application to Council, however, Council may waive this requirement upon a showing of good cause.
(h) Commercial Activity Prohibited. The sale of any item from or at a residential storage warehouse is specifically prohibited.
(1) It shall be unlawful for any owner, operator or lessee of any residential storage warehouse or portion thereof to offer for sale or to sell any item of personal property or to conduct any type of commercial activity of any kind whatsoever, other than leasing of the storage units, or to permit the same to occur, upon any area designated as a residential storage warehouse.
(2) In addition to the criminal penalties herein provided, the Mayor or his or her designee is herein authorized to revoke or suspend any business license or occupancy permit, or to take any other appropriate legal or administrative action necessary to halt or prohibit any commercial activity from any storage warehouse other than the leasing of storage units.
(i) Repair of Autos, Boats, Motors, and Furniture Prohibited. Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture and the storage of any propane or gasoline engine or propane or gasoline storage tank or any boat or vehicle incorporating such components is prohibited within any structure authorized and constructed pursuant to this section, except as otherwise provided for herein, provided, however, that a boat or motor vehicle may be stored in areas for which proper and adequate ventilation is provided.
(j) Storage Warehouse Defined. For purposes of this section, a storage warehouse is hereby defined to be any building or structure used for storage purposes by any individual other than the owner, resident, or business occupant of the premises on which said storage building, structure or facility is located, and shall specifically include any building, structures or facility used for storage purposes in whole or in part, whereby such building, structure or facility is leased or rented to a tenant or lessee other than the owner of the building, structure or facility, or other than an individual occupying the real estate primarily for residential purposes, whereby the use of the building, structure or facility is leased for storage purposes incident to the residential use of the real estate.
(Ord. 107-90. Passed 1-21-90; Ord. 75-96. Passed 11-18-96.)
1262.17 BUFFERING REQUIREMENTS
(a) To secure a desirable transition between residential and commercial and/or office institutional land uses, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned other than residential and which abut a residential zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be twice the dimension requirement normally required. These additional side and/or rear yards shall not contain any signs or parking areas of any kind, shall have plantings of trees and/or shrubs that will have a minimum height of five (5) feet, and will provide an opacity of one hundred percent (l00%) in the summer and fifty percent (50%) in the winter within three (3) years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
(b) Plant Material Specifications. The following sections include specifications for plant materials. Alternatives to these materials which can be demonstrated to meet both the intent and requirements of this section may be approved as part of a Site Plan.
(c) Deciduous Trees-Size at Planting. A minimum caliper of at least two and one-half (2-1/2) inches measured twenty-four (24) inches above ground level.
(d) Evergreen Trees-Size at Planting. A minimum of five (5) feet high and a minimum spread of three (3) feet.
(e) Shrubs. Shrubs shall be at least 24 inches average height and spread at the time of planting and, where required for screening, shall form a continuous, year-round, solid, visual screen within five (5) years after planting.
(f) Ground Cover and Grass. Ground cover shall be planted a minimum of eight (8) inches on center and shall be planted in such a manner so as to present a finished appearance and seventy-five percent (75 %) coverage after one complete growing season. If approved as part of a Site Plan, ground cover may also consist of rocks, pebbles, wood chips, and other material. Grass shall be planted in species normally grown as permanent lawns.
(g) Prohibited Tree Species. Within any required landscaping, the following tree species may not be used:
Box Elder | Tree of Heaven | Catalpa | Mulberry |
Black Walnut | Poplar | Willow | Mountain Ash |
Siberian Elm | Black Locust | Hickory |
(h) Maintenance and Replacement Requirements. The owner shall be responsible for the maintenance of all landscaping in good condition so as to be present in a healthy, neat and orderly appearance. This should be accomplished by the following standards:
(1) All plant growth in landscaped areas shall be controlled by pruning, trimming or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.
(2) All planted areas shall be maintained in a relatively weed-free condition, clear of undergrowth and free from refuse and debris.
(3) Within two years of installation, all trees, shrubs, ground covers and other plant materials must be replaced if they die or become unhealthy because of accidents, drainage problems, disease or other causes.
(4) Replacement plants shall conform to the standards that govern original installation. Dead or unhealthy plants shall be replaced within the next planting season.
(S) Representatives of the Village shall have the authority to inspect landscaping and check it against the approved plan on file.
(i) Bonding. The Village may as a condition of approval of any Site Plan, require that a bond or irrevocable letter of credit be posted to guarantee completion of all landscaping shown on a Site Plan. (Ord. 75-96. Passed 11-18-96.)
1262.18 STORM WATER MANAGEMENT FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENT.
Storm water management shall be incorporated into any development plan for commercial or industrial development, including commercial or industrial development within a Planned Unit Development District, so that storm water runoff from the site will not increase as a result of the proposed development. The facility shall be designed to control the storm water runoff from at least a twenty-five (25) year return frequency storm as certified by professional engineer.
(Ord. 75-96. Passed 11-18-96.)
1262.19 HOME OCCUPATIONS.
Where allowed in individual zoning districts permitting residences, a home occupation may be allowed provided that the following conditions are met:
(a) The space devoted to the home occupation shall not exceed thirty-three (33) percent of the total floor area of the residence, nor shall it occupy more than fifty (50) percent of a garage or similar accessory building.
(b) There shall be no external evidence of the home occupation, except for a single non-illuminated sign made of materials other than plastic, affixed to the residence or accessory building of no more than ten (10) square feet in total sign area.
(c) Off-street parking, as required by Chapter 1260 and depending on the use, shall be located in the required side or rear yards.
(d) Hours during which home occupations are open to the public are limited from 7:00 a.m. to 9:00 p.m.
(Ord. 75-96. Passed 11-18-96.)