This chapter shall modify and supplement this Zoning Code to the extent specified in this chapter.

(Ord. 2000-128. Passed 12-6-00.)

   The height regulations in this Zoning Code for any district shall not apply so as to limit any of the following to a height of less than seventy-five (75) feet above the level of the finished grade: chimneys, church spires, clock towers, ornamental towers, flagpoles, water tanks, elevator bulkheads and other mechanical appurtenances when erected upon and as an integral part of a building.

(Ord. 2000-128. Passed 12-6-00.)

   Except as provided in this chapter for large scale housing developments, the following regulations shall govern the location of accessory buildings on lots:

   A.   A detached accessory building in a residence district shall be located behind the rear wall of the main building and no closer than ten (10) feet therefrom, but this provision as to distance from the main building shall not apply to a garage not over fifteen (15) feet in height connected to a dwelling by a breezeway.

   B.   Except as provided in subsection C. hereof, in any district, a detached accessory building may be located on the rear lot line or any side lot line which is not a street side of a corner lot, provided the wall of such accessory building on such lot line is constructed of fireproof material in accordance with the Building and Housing Code. If not provided with such fire protection, such accessory building shall be located not closer than three (3) feet from such rear or side lot lines.

   C.   On a corner lot whose rear line is the side line of a lot in a residence district, no accessory building shall be placed closer than ten (10) feet to such rear line, nor closer than twenty (20) feet to the street line on the side of the lot.

(Ord. 2000-128. Passed 12-6-00.)

   In the case of triangular lots or lots of such irregular shape that the method of measuring the depth of a lot or the depth of a rear yard as specified in this Zoning Code cannot be used, the Building Commissioner, or his or her selected representative, shall determine the location of buildings so as to provide yard spaces equivalent to those required in this Zoning Code. Where such determination does not result in an appropriate development upon the lot, the Board of Zoning Appeals may approve the location of buildings. In no case, however, shall the front building line of the lot in question be less than that of the adjacent lots.

(Ord. 2000-128. Passed 12-6-00.)

   In any district, private garages or other garages with vehicle doors facing a public street shall be so arranged that such doors are not closer than twenty (20) feet to such street line. No garage door shall be located more than four (4) feet closer to the street than the primary front entrance of the main building.

(Ord. 2000-128. Passed 12-6-00; Ord. 2006-132. Passed 2-21-07.)

   At any automotive service station or garage, gasoline pumps shall be erected not closer than twelve (12) feet to any street line and the driveways. Platforms and curbs on the premises shall be designed to serve vehicles standing entirely inside the premises.

(Ord. 2000-128. Passed 12-6-00.)

   The minimum frontage for gasoline service stations, where the frontage is on a public street having access for service within such gasoline station, shall be 200 feet. If such station is on a corner lot, the minimum frontage shall be 200 feet on each abutting frontage.

(Ord. 2000-128. Passed 12-6-00.)

   The parking of vehicles outdoors at service stations, repair garages and businesses used and occupied for similar purposes shall be restricted as follows:

   A.   Vehicles shall not be in the process of being stripped or dismantled or be missing major body parts such as windows, doors, hoods, fenders or trunks.

   B.   No vehicle located outdoors shall be kept raised in the air by means of a lift, jack or other method.

   C.   All vehicles shall be parked on pavement in accordance with City standards. There shall be no parking on unpaved areas at any time.

   D.   Parking areas shall meet the requirements for protection of adjacent residential districts per Sections 1290.05 and 1290.09.

   E.   In no case shall any immovable vehicle be parked outdoors on a parcel in excess of thirty continuous days unless it has been fully reconditioned and is offered for sale by an authorized dealer.

   F.   Vehicles shall not be displayed or offered for sale on the premises, except by a City authorized automotive dealer. This shall apply to vehicles belonging to the parcel owner, customers or any other person.

   G.   Automotive body repair facilities shall have all vehicles being repaired enclosed within a solid fence or wall within a minimum height of six feet. Further, such facilities shall comply with all other requirements of these Codified Ordinances.

   H.   This section supersedes any variance granted or condition previously imposed to restrict parking.

(Ord. 2000-128. Passed 12-6-00.)

      A.   Recreational Vehicle or Equipment Defined

   As used in this section. “Recreational vehicle and/or equipment” means and includes the following:

         1.   A “travel trailer”, which means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and permanently identified as a “travel trailer” by the manufacturer, and all related equipment.

         2.   A “pick-up camper”, which means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses, and all related equipment.

         3.   A “motor home”, which means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consumption of food, and for sleeping, and all related equipment.

         4.   A “folding tent trailer” which means a canvas folding structure, greater than ten (10) feet in length when closed, mounted on wheels and designed for travel and vacation uses, and all related equipment. Folding tent trailers less than ten (10) feet in length when closed, shall be permitted to be parked on an asphalt or concrete surface only in the closed position, without a screened area.

         5.   A “boat” or “snow vehicle” which means and includes a boat, raft, jet ski, snowmobile, plus the normal equipment to transport the same on the streets and highways, and all related equipment

         6.   A “trailer”, which means a cart or wagon designed to be pulled by an automobile, van, truck or tractor for hauling boats, floats, rafts, canoes, snowmobiles, jet skis, motorcycles and other recreational equipment and devices as well as those carts or wagons used for utility purposes, i.e. hauling landscaping materials, furniture and household goods, plus the normal equipment to transport the same on the highway, and all related equipment.

      B.   Conditions of Permitted Parking or Storage

   In order to minimize any deteriorating or adverse impact on adjacent properties, no recreational vehicles or equipment shall be parked or stored on public or private property in a Residential District except as hereinafter provided. Any owner of a recreational vehicle or equipment that is not in excess of twenty-eight (28) feet in overall length, eight (8) feet in width and eleven (11) feet in height, may park or store such vehicle or equipment on property owned, rented or leased by him or her in accordance with the following conditions:

         1.   Recreational vehicles or equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall such equipment be used for living or housekeeping purposes.

         2.   It recreational vehicles or equipment are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete driveway or turn-around approved by the Building Department and shall not be parked within fifteen (15) feet of the public sidewalk.

         3.   Recreational vehicles or equipment may be parked on an asphalt or concrete driveway for loading, unloading, or cleaning purposes for a period of not more than seventy- two (72) hours in a seven (7) day period.

         4.   All recreational vehicles or equipment must be kept in good repair, carry a current year’s license and/or registration, and be titled to, or leased, by one of the permanent occupants of the residence, or their temporary guest, where the recreational vehicle or equipment is located. The parking of a recreation vehicle by a temporary guest cannot exceed one 2-week period per year. When the owner of the recreational vehicle is visiting the occupant of the residence, the owner of the recreational vehicle so parked shall provide evidence to any City representative upon request that he/she is a legitimate guest at the residence.

         5.   No person shall make or cause to be made major repairs, alterations or conversions of recreational vehicles or equipment unless such repair, alteration or conversion is done in a completely enclosed garage. “Repairs of a major type” are herein defined to include, but are not limited to, spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removal of the engine cylinder head or crankcase pan or the removal of the motor and conversion of any other type of motor. The conversion of any recreational vehicle is expressly prohibited.

         6.   No materials of any nature may be stored beneath recreational vehicles or equipment.

         7.   When such a recreational vehicle or equipment is parked or stored outside of a garage in an approved or permitted location, the wheels shall be left on such vehicle, vehicle conveyance, or equipment so that it may be moved in case of an emergency.

         8.   No recreational vehicle or equipment shall be stored outside of a garage until the adequacy of screening has been determined by the Building Commissioner based upon a screening plan submitted to the Building Commissioner and upon the following factors:

            a.   Location of screened area to adjacent residences;

            b.   Size and condition of vehicle or equipment;

            c.   View of screened area from the street;

            d.   Size, quantity and quality of screening.

         Adequate screening shall consist of building walls, fencing or evergreen planting. At least five (5) days before the Building Commissioner makes any determination as to the adequacy of screening, notices shall be sent to the owners of contiguous properties. After such determination has been made, notice thereof shall be promptly given to the applicant and to the owners of contiguous properties. Such determination shall not become effective for ten (10) days thereafter and, if an appeal is filed with the Planning and Zoning Commission, such determination shall not become effective until such appeal has been decided by said Commission.

         9.   Recreational vehicles may be parked in a completely enclosed garage or structure as an alternative to the screening requirement and size limitation.

         10.   In Multiple-Family Residential Districts, the outside storage and parking of recreational vehicles or equipment shall be permitted only in the area described as the off-street parking facility for the main residential structure. Such recreational vehicles or equipment must be owned or leased by an occupant of the main residential structure. All other provisions of this section shall be applicable to Multiple-Family Districts.

         11.   Recreational vehicles and equipment are prohibited from being parked or stored in the public right-of-way. except that the Mayor or the Building Commissioner may grant a special permit as specified in Section 1442.05 for special business promotions or community events.

(Ord. 2000-128. Passed 12-6-00; Ord. 2010-68. Passed 9-1-10.)

      A.   Definitions

         As used in this section:

         1.   “Commercial Vehicle” shall mean any vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty- four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weights rating of ten thousand (10,000) pounds or more.

         2.   “Construction Vehicle and Equipment” means any vehicle, off-highway earth-moving equipment, backhoe, bulldozer, cement mixer, hoist, scaffold, snowplow and like devices, apparatus and machines used in the construction of maintenance of buildings, houses, roads, streets, sidewalks, driveway, or for landscaping or snowplowing.

         3.   “Storage Trailer” means any trailer used for the storage of construction or commercial equipment, retail merchandise. temporary offices, private or commercial equipment, including, but not limited to truck trailers, and PODS.

         4.   “Storage”, “Stored” or “Store” means the keeping or housing of any commercial or construction vehicle, or any equipment used in a commercial or construction enterprise, in or upon premises located in any Residential District for any period of time.

         5.   “Parking”, Parked”, or “Park” means the stopping or standing of vehicles, whether or not occupied, otherwise than temporarily for the purpose of and while actively engaged in loading or unloading of merchandise or passengers.

      B.   General Restrictions for Residential Properties

   The parking or storage of commercial vehicles, equipment, or storage trailers in a Residential District, shall be limited to the extent and in the manner herein described, and limited only to the property of a resident owner or legal occupant of the property.

      C.   Commercial Vehicles on Residential Properties

   The parking or storage of commercial vehicles, or equipment, as herein defined, on any property located in a Residential Zoning District, other than in a garage or enclosed structure, is restricted, except that a commercial vehicle may be parked outside of a garage or enclosure for a reasonable period of time while making a customary delivery of goods, merchandise or services to the premises located within such Residential District. Placement of commercial vehicles while making a customary delivery of goods, merchandise or services to the premises located within such Residential District shall not be parked or located within fifteen (15) feet of the public sidewalk.

      D.   Construction Vehicles: Equipment, Storage Trailers on Residential Properties

   The parking or storage, of construction vehicles, storage trailers, machines, devices or equipment, as herein defined, on a Residential Property, used during the construction or maintenance of buildings, dwellings, houses, driveways, driveway aprons and sidewalks, public or private, is restricted. Where such construction vehicles, storage trailers, machines, devices, equipment are being used for the building, renovation, maintenance or improvement of a house, dwelling, driveway, driveway apron and public or private sidewalk in any Residential District, the temporary parking or storage of the vehicles, storage trailers, PODS, machines, devices and/or equipment shall be permitted until the project has been completed. Placement or storage of devices, equipment, construction materials, construction vehicles, equipment, machines, or storage trailers shall not be placed or located within fifteen (15) feet of the public sidewalk.

   Landscaping and snow removal equipment shall be stored in the off season in an enclosed garage or screened area on an asphalt or concrete driveway or turn-around subject to the placement by the Building Commissioner.

      E.   Construction Vehicles, Equipment Storage Trailers in the Public Right-of-Way

   The parking or storage of any construction vehicles, equipment, and storage trailers in any Residential District, in the public right-of-way, shall be limited during actual construction periods to the construction vehicles, equipment, and storage trailers being utilized for the construction or renovation of the public right-of-way.

   The Mayor or the Building Commissioner may grant a special permit as specified in Section 1442.05 for special business promotions or community events.

(Ord. 2000-128. Passed 12-6-00; Ord. 2010-69. Passed 9-1-10.)

   A.   Definitions as used in this section: Commercial/Construction Vehicles and Equipment

      1.   “Commercial Vehicle” shall mean any vehicle having more than two axles, or any single commercial vehicle or combination of said vehicles which exceed twenty (20) feet in length, any single commercial vehicle or combination of said vehicles eighty- four (84) inches or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weights rating of ten thousand (10,000) pounds or more.

      2.   “Construction Vehicle and Equipment” means any vehicle, off-highway earth-moving equipment, backhoe. bulldozer, cement mixer, hoist, scaffold, snowplow and like devices, apparatus and machines used m the construction or maintenance of buildings, houses, roads, streets, sidewalks driveway, or for landscaping or snowplowing.

      3.   “Storage Trailer” means any trailer used for the storage of construction or commercial equipment, retail merchandise, temporary offices, private or commercial equipment, including, but not limited to truck trailers, and PODS.

      4.   “Storage”, “Stored” or “Store” means the keeping or housing of any commercial or construction vehicle, or any equipment used in a commercial or construction enterprise, in or upon premises located in any Residential District for any period of time.

      5.   “Parking”, Parked”, or “Park” means the stopping or standing of vehicles, whether or not occupied, otherwise than temporarily for the purpose of and while actively engaged in loading or unloading of merchandise or passengers.

   B.   Definitions as used in this section: Recreational Vehicles or Equipment

      1.   A “Travel Trailer”, which means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, and permanently identified as a “travel trailer” by the manufacturer, and all related equipment.

      2.   A “Pick-up Camper”, which means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses, and all related equipment.

      3.   A “Motor Home “, which means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consumption of food, and for sleeping, and all related equipment.

      4.   A “Folding Tent Trailer”, which means a canvas folding structure, greater than ten (10) feet in length when closed, mounted on wheels and designed for travel and vacation uses, and all related equipment. Folding tent trailers less than ten (10) feet in length when closed, shall be permitted to be parked on an asphalt or concrete surface only in the closed position, without a screened area.

      5.   A ''Boat” or “Snow Vehicle” which means and includes a boat, raft, jet ski, snowmobile, plus the normal equipment to transport the same on the streets and highways, and all related equipment.

      6.   A “Trailer”, which means a cart or wagon designed to be pulled by an automobile, van, truck or tractor for hauling boats, floats, rafts, canoes, snowmobiles, jet skis, motorcycles and other recreational equipment and devices as well as those carts or wagons used for utility purposes, i.e. hauling landscaping materials, furniture and household goods, plus the normal equipment to transport the same on the highway, and all related equipment.

   C.   General Restrictions for Non-Residential Properties

   The parking or storage of recreation, commercial, or construction vehicles, equipment, or storage trailers in a Non-Residential District, shall be limited to the extent and in the manner herein described, and limited only to the property of an owner or legal occupant of the property.

   D.   Recreational Vehicles/Equipment on Non-Residential Property

   Any owner or legal occupant of a non-residential property, who owns a recreational vehicle may park or store such vehicle or equipment on property owned, rented or leased by him or her in accordance with the following conditions:

      1.   Recreational vehicles or equipment parked or stored shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall such equipment be used for living or housekeeping purposes.

      2.   No person shall make or cause to be made major repairs, alterations or conversions of recreational vehicles or equipment unless such repair, alteration or conversion is done in a completely enclosed garage. “Repairs of a major type” are herein defined to include, but are not limited to, spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removal of the engine cylinder head or crankcase pan or the removal of the motor and conversion of any other type of motor. The conversion of any recreational vehicle is expressly prohibited.

      3.   No materials of any nature may be stored beneath recreational vehicles or equipment.

      4.   When such a recreational vehicle or equipment is parked or stored outside of a garage in an approved or permitted location, the wheels shall be left on such vehicle, vehicle conveyance, or equipment so that it may be moved in case of an emergency.

      5.   If recreational vehicles or equipment are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete surface or turn-around behind the main building. If there is no building on the property, the parking or storing of a recreational vehicle must be approved by the Building Commissioner, but in no case shall the vehicles be parked within fifteen (15) feet of the public sidewalk. No recreational vehicles or equipment shall be stored outside of a garage until the adequacy of screening, if required by the Building Department, has been determined by the Building Commissioner based upon a screening plan submitted to the Building Commissioner and upon the following factors:

         (a)   Location of screened area to any adjacent residences.

         (b)   Size and condition of vehicle or equipment.

         (c)   View of screened area from the street.

         (d)   Size, quantity and quality of screening.

   Adequate screening shall consist of building walls, fencing or evergreen planting. At least five (5) days before the Building Commissioner makes any determination as to the adequacy of screening, notices shall be sent to the owners of contiguous residential properties. After such determination has been made, notice thereof shall be promptly given to the applicant and to the owners of contiguous residential properties. Such determination shall not become effective for ten (10) days thereafter and, if an appeal is filed with the Planning and Zoning Commission, such determination shall not become effective until such appeal has been decided by said Commission.

   E.   Commercial Vehicles on Non-Residential Properties

   The parking or storage of commercial vehicles, or equipment, as herein defined, on any property located in a Non-Residential Zoning District, other than in a garage or enclosed structure, is restricted, except that a commercial vehicle may be parked outside of a garage or enclosure for a reasonable period of time while making a customary delivery of goods, merchandise or services to the properties located within such Non-Residential District. Placement of commercial vehicles while making a customary delivery of goods, merchandise or services to the premises located within such Residential District shall not be parked or located within fifteen (15) feet of the public sidewalk. If commercial vehicles or equipment used for the operation of the business located on the property are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete surface or turn-around behind the main building. If there is no building on the property, the parking or storing of commercial vehicles or equipment must be approved by the Building Commissioner.

   F.   Construction Vehicles, Equipment, Storage Trailers on Non-Residential Properties

   The parking of storage, of construction vehicles, storage trailers, machines, devices or equipment, as herein defined, on a non-residential property, used during the construction or maintenance of buildings, dwellings, houses, driveways, driveway aprons and sidewalks, public or private, is restricted. Where such construction vehicles, storage trailers, machines, devices, equipment are being used for the building, renovation, maintenance or improvement of a building, structure, driveway, driveway apron and public or private sidewalk in any Non-Residential District, the temporary parking or storage of the vehicles, storage trailers, PODS, machines, devices and/or equipment shall be permitted until the project has been completed. Placement or storage of devices, equipment, construction materials, construction vehicles, equipment, machines, or storage trailers shall not be placed or located within fifteen (15) feet of the public sidewalk. If construction vehicles or equipment used for the operation of the business located on the property are parked or stored outside of a garage, they shall be parked or stored upon an asphalt or concrete surface or turn-around behind the main building. If there is no building on the property, the parking or storing of commercial vehicles or equipment must be approved by the Building Commissioner.

   Landscaping and snow removal equipment shall be stored in the off season in an enclosed garage or screened area on an asphalt or concrete surface or turn-around subject to the placement by the Building Commissioner.

   G.   Construction Vehicles, Equipment Storage Trailers in the Public Right-of-Way

   The parking or storage of any construction vehicles, equipment, and storage trailers in any Non-Residential District, in the public right-of-way shall be limited during actual construction periods to the construction vehicles, equipment, and storage trailers being utilized for the construction or renovation of the public right-of-way.

   No tent shall be placed on any property in a non-residential zoning district for business or commercial purposes, or for accessory uses, nor shall recreational vehicles or equipment, be parked or stored, for business or commercial purposes, or for accessory uses, with the following exception: the Mayor or the Building Commissioner may grant a special permit as specified in Section 1442.05 for special business promotions or community events.

(Ord. 2000-128. Passed 12-6-00; Ord. 2010-70. Passed 9-1-10.)

   In addition to other provisions in this Zoning Code for the location of day nurseries and kindergartens, these uses may be operated within any church or parish house building. These uses shall meet all applicable requirements of the Ohio Revised Code.

(Ord. 2000-128. Passed 12-6-00.)

   On any lot exceeding 150 feet in depth and located in a multi-family district, dwellings may be grouped so as to secure the benefits of greater distance from street traffic, of common use of large open space or of other benefits resulting from such grouping. Such premises shall provide a front yard, two (2) side yards and a rear yard as if the group shall be separated from any other structure on the lot, except accessory buildings not over fifteen (15) feet in height, by an open space not less in width than the average height of the adjacent walls of the buildings so separated. However, where such open space provides all the daylight and ventilation for any habitat room, such space shall be not less than forty-five (45) feet between one-story structures plus ten (10) feet for each additional story of average height of the walls so separated. An accessory building shall not be closer to any main building than the height of the adjacent wall of such accessory building. Except as provided in this section, no front, side or rear yard regulations shall apply to residence buildings and their accessory uses in such group development.

   The Board of Zoning Appeals may approve an arrangement of buildings which does not comply strictly with yard and other open space requirements of this Zoning Code, if, in the opinion of the Board, such arrangement provides at least as good standards of yard and other open space for daylight, sunlight, air and ventilation for habitable rooms and open views for their occupants, and for protection of surrounding property values.

(Ord. 2000-128. Passed 12-6-00.)

   Soil, sand or gravel shall not be stripped or removed in a residential district, except excess soil, sand or gravel resulting from excavations or grading in connection with the construction or alteration of a building for which a permit has been issued.

   Any soil or fill dirt removed from any land located in the City shall first be offered to the Service Department to be located and used in the City. If no property owner or the Department is in need of such fill dirt, then the property owner may freely transport it outside the City. Any property owner in the City desirous of obtaining fill dirt should place his or her name with the Department.

(Ord. 2000-128. Passed 12-6-00.)

   In any residential district, a utility shed and/or storage shed must be placed on a cement pad of at least four (4) inch thickness and such utility or storage shed shall be secured thereto. Utility or storage sheds shall be limited to 120 square feet and not to exceed ten (10) feet in height.

(Ord. 2000-128. Passed 12-6-00.)

   Unless otherwise specifically stated in this Zoning Code, the minimum principal building size in any district shall be 1,000 square feet, and the minimum width of a building shall be twenty-five (25) feet. Unless otherwise specified, accessory buildings shall not have a minimum building size, but shall have the approval of the Planning Commission.

(Ord. 2000-128. Passed 12-6-00.)

   Each multifamily dwelling shall be equipped, for safety purposes, with an electrical or mechanical means of access to hallways and building areas. The system shall be so designed that access may be gained by either a key or a buzzer-type system.

   All multifamily dwellings in existence at the time of the passage of this section shall comply with this section within one (1) year of its passage.

(Ord. 2000-128. Passed 12-6-00.)

   Each nursing home, assisted living facilities, senior independent living facilities and hospital in the City shall be equipped, for safety purposes, with an alarm system of such nature that it would alarm the supervisor of the designated floor that a person has opened a particular door on such floor and is seeking exit from the premises of such nursing home or hospital.

   Nursing homes or hospitals in operation at the time of the passage of this section shall comply with its conditions within ninety days of its passage.

(Ord. 2000-128. Passed 12-6-00.)

   A.   Purpose

   The purpose of this section is to establish regulations controlling the use of fences whereby the property owner may have the privilege of privacy, security and landscape design within the property with due consideration to the environment of neighboring properties, the appearance of the community and the safety of the public and the individual.

   B.   Definitions As used in this chapter:

      1.   "Barbed wire fence" means a fence, or portion of a fence, made with metal wire having sharp points or barbs along its length.

      2.   "Boundary line fence" means a fence erected along the boundary line of any lot which encloses or partially encloses a parcel of property.

      3.   "Chain link fence" means a fence usually made of metal, consisting of loops of wire interconnected in a series of joined links.

      4.   "Fence" means any artificially constructed barrier of any material or combination of materials, living or otherwise, erected to enclose or screen areas of land.

      5.   "Living fence" means a natural plant species which has been planted to form a continuous barrier to prevent passage or for protection.

      6.    "Open ornamental fence" means a fence, usually made of wood (such as a rail, split rail or picket fence), that is constructed for its beauty or decorative effect and, when viewed at right angles, has not less than fifty percent or the surface area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air.

      7.   "Privacy fence" means a fence structure, or any part thereof, consisting of materials constructed to inhibit light, ventilation and sight through said fence. This definition shall not include a living fence.

      8.   "Private nuisance" means either of the following:

         a.   That which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof and which produces such material annoyance, inconvenience and discomfort that the law will presume resulting damage; or

         b.   That which annoys and disturbs one in possession of his or her property, rendering its ordinary use or occupation physically uncomfortable to him or her.

      9.    "Similar fence" means a fence which has slats less than four inches apart with a minimum height of three (3) feet, designed, used, constructed or maintained for the primary purpose of altering or changing the natural accumulation of snowfall upon any property.

   C.   Erection; Permit Required; Application and Plot Plan; Fee

   Any fence, other than living and snow fences, which may be permitted, shall, prior to its erection, require the issuance of a permit by the Building Commissioner after an application for the same has been approved. Application shall be made on a City application form and be accompanied by a plot plan showing property lines, the location of all existing driveways, sidewalks, fences and structures on the subject property, and the distances from all fences and structures within five (5) feet of the property lines to the proposed fence. The plot plan shall show the location of the proposed fence with length, height and fence style noted. A permit fee shall be required in accordance with the fee schedule as adopted by City Council.

   D.   General Requirements

      1.   Application

      These requirements shall be the general fence requirements for all districts in the City.

      2.    Permitted Fences

      The following are permitted fences:

         a.   Living fences

         b.   Boundary line fences

         c.   Privacy fences

         d.   Open ornamental fences

         e.   Chain link fences

      3.   Restricted Fences

      The following are restricted fences:

         a.   Tennis court fences. Approval is required from the Planning Commission.

         b.   Barbed wire fences.

            (1)   Barbed wire fences are prohibited when the fence would abut a residential district or use.

            (2)   Approval is required from the Planning Commission for all other barbed wire fences.

         c.   Snow fences. Snow fences may be erected and used only in the months of customary snowfall (October 30th through April 30th), after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or drifting snow to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence.

         d.   Chicken wire fences. Chicken wire fences are prohibited.

         e.   Galvanized cattle fences. Galvanized cattle fences are prohibited.

         f.   Electrified fences. Electrified fences are prohibited, except for underground low-voltage per fences.

      4.    Access Corridors

      No fence shall be erected or allowed to grow in a natural state so as to create an inaccessible and/or unmaintainable area or corridor with any other principal, accessory or fence structure. Such area or corridor shall be a minimum distance of thirty (30) inches from any principal, accessory or fence structure. This shall not prohibit a fence from being adjacent to or attached to another principal, accessory or fence structure at an approximately right angle.

      5.    Attachment to a Neighbor's Structure

      A fence may be erected across a property line to be adjacent to or attached to a neighbor's principal, accessory or fence structure if notarized authorization from said property owner is submitted with the required application for a fence permit.

      6.    Appearance

      All visible supports must face the property of the owner making the installation, unless the Planning Commission grants approval to do otherwise.

      7.    Swimming Pool Fences

      Swimming pool fences shall comply with the regulations set forth in Chapter 1480 of these Codified Ordinances.

      8.    Maintenance

         a.   Living fences. Living fences shall be trimmed and maintained at all times so as not to create a private nuisance, as determines by the Building Commissioner, or interfere with pedestrian and vehicular traffic on both public and private property.

         b.   All other fences. All other fences shall be maintained:

            (1)   So as not to interfere with pedestrian and vehicular traffic on both public and private property; and

            (2)   In accordance with the City's Property Maintenance Code as set forth in Chapter 1490 of these Codified Ordinances.

   E.   Fences in Residential Districts

      1.   Application

         This section shall apply to Single-Family, Two-Family and Multifamily Districts.

      2.   Maximum Fence Height and Location

         a.   Rear Yard. (As defined in Chapter 1261).

            (1)   Living fences. Living fences shall not exceed three (3) feet in height for fifteen (15) feet from any public sidewalk. Otherwise they may grow to their natural height.

            (2)   Privacy and boundary line fences. Privacy and boundary line fences shall not exceed three (3) feet in height for fifteen (15) feet from any public sidewalk. Otherwise they shall not exceed six (6) feet from the finished grade to the top of any portion of the fence. Fence posts may exceed the fence height by six (6) inches.

            (3)   Chain link fences. Chain link fences shall not exceed six (6) feet from the finished grade to the top of any portion of the fence. Fence posts may exceed the fence height by six (6) inches.

            (4)   Corner lot exception. Open chain link fences up to six (6) feet in height may be erected in a rear yard that abuts a public sidewalk or street.

         b.   Side yard. (As defined in Chapter 1261).

            (1)   Location and height. Except for living fences, the maximum height of any fence located in a side yard shall be six feet from the finished grade to the top of any portion of the fence, including posts. Such side yard fence shall be located at least twelve (12) inches from the property line and not be constructed in front of the dwelling. Any living side yard fence shall not exceed three feet in height for fifteen feet from any public sidewalk or front property line.

            (2)   Corner lot exception. Open chain link fences up to six (6) feet in height may be erected in a side yard that abuts a public sidewalk or street.

         c.   Front yard. (As defined in Chapter 1261).

            (1)   Living fences. Living fences shall not exceed three (3) feet in height for fifteen (15) feet from the front property line and/or any public sidewalk. Beyond fifteen (15) feet they may grow to their natural height.

            (2)   Open ornamental fences. Open ornamental fences shall not exceed three (3) feet in height.

            (3)   All other fences. All other fences shall be prohibited in a front yard.

         d.    Height exception. A privacy fences may be erected in a rear yard and shall not exceed eight (8) feet in height, including posts, when the rear or side yard property line abuts a property used for nonresidential purposes. Such fence shall not exceed three (3) feet in height for fifteen (15) feet from any public sidewalk.

   F.   Fences in Nonresidential Districts

      1.   Application

      This section shall apply to all Park, Nursing Home and Retirement Living, Local Retail, Office Building, General Retail, Commercial Service, and Industrial Districts.

      2.    Maximum Fence Height and Location

         a.   Rear and side yards. (As defined in Chapter 1261).

            (1)   Living fences. Living fences shall not exceed three (3) feet in height for fifteen (15) feet from any public sidewalk. Otherwise they may grow to their natural height.

            (2)   Privacy and boundary line fences. Privacy and boundary line fences shall not exceed three (3) feet in height for fifteen (15) feet from any public sidewalk. Otherwise they shall not be restricted in height in order to comply with the performance standards in Section 1298.32, Performance Standards.

            (3)   Corner lot exception. Open chain link fences may be erected in side and rear yards that abut a public sidewalk or street with no setback requirement.

         b.   Front yards. (As defined in Chapter 1261).

            (1)   Living fences. Living fences shall not exceed three (3) feet in height for fifteen (15) feet from the front property line and/or any public sidewalk. Beyond fifteen (15) feet they may grow to their natural height.

            (2)   Open' ornamental fences. Open ornamental fences shall not exceed three (3) feet in height.

            (3)   All other fences. All other fences shall be prohibited in a front yard unless approval is granted by the Planning Commission.

         3.    Nonconforming Residential Uses

   This section shall not apply to preexisting, nonconforming residential dwellings in the districts set forth in paragraph F.1. hereof. In the case of such pre-existing, nonconforming dwellings, subsection E. shall apply and govern.

   G.   Inspections

   It shall be the duty of each property owner erecting a fence to determine property lines, at his or her expense, and to ascertain that the fence this constructed does not deviate from the plans approved by the Building Commissioner and does not encroach upon another lot or parcel of land unless specifically authorized by that abutting property owner, in writing. The person responsible for the erection of such fence shall contact the Building Department to have the fence inspected upon completion. The inspection will not be to determine whether the fence is encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him or her by this Section.

   H.   Exemptions

      1.    Legally pre-existing fences that had a valid permit issued shall comply with Chapter 1292. There is no exemption from Section 1298.19D.8.

      2.    Fences constructed or owned by the City are exempted from the provisions of this chapter. There is no exemption from Section 1298.19D.8.

   I.   Appeals

   See Chapter 1262, Administration and Enforcement, for provisions relating to appeals.

   J.   Enforcement

   See Chapter 1262, Administration and Enforcement, for provisions relating to enforcement of this chapter.

(Ord. 2000-128. Passed 12-6-00; Ord. 2020-53. Passed 6-17-20.)

   Cellular and wireless telecommunications shall be regulated as follows:

   A.   Definitions

   As used in this chapter:

      1. "Collocating" means to affix antennas of different providers or wireless communications services on the same wireless communications tower.

      2.   "Lattice" means a framework or structure of crossed metal strips typically resting on three members constructed vertically and to which antennas are affixed.

      3.   "Monopole" means a single, slender and typically cylindrical vertical structure to which antennas are affixed.

      4.   "Open space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped.

      5.    "Telecommunication" means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.

      6.   "Wireless telecommunications antenna" means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC), excluding amateur radio operators' antennas.

      7.   "Wireless telecommunications equipment building" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

      8.   "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

      9.   "Wireless telecommunications tower" means a tower, including, but not limited to, a self-supporting lattice, guyed or monopole, which elevates the wireless telecommunications antenna and may include accessory transmission and receiving equipment.

   B.   Location

      1.    A new wireless telecommunications tower may be located in a nonresidential zoning district. Such tower shall be subject to the regulations set forth in this section and the regulations of the particular zoning district in which the wireless telecommunications antenna and/or wireless telecommunications tower is proposed to be located, but only to the extent that such zoning regulations do not conflict with the regulations set forth in this section.

      2.    A wireless telecommunications antenna may be located in a residential zoning district so long as it is not associated with a wireless telecommunications tower and is part of an existing structure. Such antenna shall be subject to the regulations of this section and of the zoning district in which the wireless telecommunications antenna will be located, but only to the extent such zoning regulations do not conflict with the regulations set forth in this section.

      3.    Neither a wireless telecommunications tower nor a wireless telecommunications antenna associated with a wireless telecommunications tower shall be located within 1,000 feet of any residential zoning district or residential use.

      4.    There shall be a separation of at least one quarter mile (1,320 feet) between wireless telecommunications towers.

      5.    Wireless telecommunications antennas and/or wireless telecommunications towers located on City-owned property may be located in any zoning district.

   C.   Applications for Preliminary Site Approval and Conditional Use Permit

      1.    Applicants shall submit ten (10) sets of the following documents to the Building Commissioner, who shall place the applicant's request on the Planning Colillnission's agenda for preliminary approval of the proposed wireless telecommunications antenna and wireless telecommunications tower site:

         a.   A list of the location of every wireless telecommunications tower, building or structure within the selected search area, including adjacent communities that could support the proposed wireless telecommunications antenna so as to allow it to serve its intended function.

         b.    Evidence that a technically suitable location is not reasonably available on an existing wireless telecommunications tower, building or structure within the selected search area, including adjacent communities if the proposed site is a new site.

         c.    Documentation that a reasonable offer has been made to the owners of all other wireless telecommunications towers located within the search area of the wireless carrier within the selected search area, including adjacent communities, to collocate a wireless telecommunications antenna in their wireless telecommunications towers and that such reasonable offers have been rejected or said wireless telecommunications towers are not available if the proposed site is a new site.

      2.    The Planning Commission shall review the submitted documents and shall approve a location or request that the applicant submit additional locations and return to the Planning Commission as many times as is necessary to approve a location that meets the intent of this Section.

      3.    After the Planning Commission has given preliminary site approval, the applicant shall submit ten (10) sets of documents that fully comply with the provisions of this Section, as well as any other information deemed necessary by the Planning Commission, to the Building Commissioner, who shall place the applicant's request on the Planning Commission's agenda for consideration of a conditional use permit for the proposed wireless telecommunications antenna and wireless telecommunications tower facility.

   D.   Professional Review

   Prior to applying for a conditional use permit, the applicant shall submit a nonrefundable fee to the Building Commissioner in the amount of one thousand dollars ($1,000) to cover costs for a registered professional to review the project for compliance with all Federal, State and local regulations as deemed necessary by the Planning Commission.

   E.   Types of Construction Authorized

   Only the following types of wireless telecommunications antennas and/or wireless telecommunications tower installations may be permitted under this Section:

      1.    Wireless telecommunications antennas attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure, provided that the wireless telecommunications antenna does not exceed twenty (20) feet above the highest point of the structure and that the transmission and receiving equipment is stored inside the existing building or structure or on the roof in an enclosure.

      2.    Wireless telecommunications monopole or lattice wireless telecommunications towers not greater than 200 feet in height from grade, unless a lesser height is technically feasible to service the geographical service area of the applicant as well as the collocating of additional wireless telecommunications antennas and provided that the transmission and receiving equipment is stored inside a building constructed for the purpose. Regardless of the technical feasibility of a lower height, all applicants shall be required to install a base which shall support a wireless telecommunications tower not greater than 200 feet in height so as to accommodate future collocation users.

   F.   Standards

   The following standards shall apply to all wireless telecommunications facilities and wireless telecommunications equipment buildings not previously approved by the Planning Commission and Council independent of the zoning district in which they will be or are to be located. These general standards shall be considered by the Planning Commission, and the applicant shall demonstrate compliance with such standards, in determining whether or not a conditional use permit for a wireless telecommunications antenna and/or wireless telecommunications tower shall be issued:

      1.    A plot plan or aerial photographs that include all existing buildings and structures within 500 feet shall be required at a scale of not less than one inch equals 100 feet. A plot plan of the subject lot, premises, parcel of land and buildings, showing, among other things, the exact location of the proposed wireless telecommunications antenna and its support structures and the exact location and dimensions of the proposed wireless telecommunications equipment building(s), fence(s) and landscaping, shall also be required.

      2.    The location of the wireless telecommunications tower and wireless telecommunications equipment building shall comply with Chapter 1224.

      3.    Documentation shall be required showing that the height of the proposed wireless telecommunications tower is the minimum necessary for operation and the collocating of additional wireless telecommunications antennas.

      4.    Poles, wireless telecoiiununications towers, wireless telecommunications equipment structures and wireless telecommunications antennas placement shall meet the minimum yard setback requirements as set forth in this Zoning Code for the zoning district in which the wireless telecommunications antenna and/or wireless telecommunications tower is proposed to be located. However, the minimum distance between the wireless telecommunications tower and structures on adjacent parcels, other than fences, shall be 200 feet. This standard shall not apply to City-owned property.

      5.    Screen fencing shall be provided for aesthetic and public safety reasons. A fence eight (8) feet in height shall completely surround the wireless telecommunications tower and any related support facilities. Barbed and razor wire fencing is prohibited unless specifically approved by the Planning Commission.

      6.    Buffer plantings shall be located around the perimeter of the fence as follows:

         a.    A landscaped buffer area of not less than ten (10) feet in depth shall be placed between the structure or structures and the public rights-of-way, residential zoning districts and any adjacent residential uses.

         b.    The ten-foot (10) landscape buffer shall consist of a tight fence of hardy evergreen shrubbery not less than six (6) feet in height, three (3) feet on center maximum, at the time of planting.

         c.    Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

      7.    The applicant shall agree that a report prepared by a registered Ohio design professional shall be included with the building permit application and shall contain the height design, proof of compliance with structural standards as set forth in the Ohio Basic Building Code (OBBC) and a description of the wireless telecommunications tower's capacity, including the number and types of wireless telecommunications antennas it can accommodate.

      8.    The applicant shall agree that a soil report prepared by a registered Ohio design professional shall be included with the building permit application and shall describe the soil in the ultimate load-bearing strata, including sufficient data to establish its character, nature and load-bearing capacity as it relates to the proposed wireless telecommunications facility.

      9.   The outdoor storage of any supplies, vehicles or equipment related to the use of the wireless telecommunications facility is prohibited.

      10.    Wireless telecommunications towers and wireless telecommunications antennas shall not be artificially lighted except to assure safety or as required by the Federal Aviation Administration (FAA) or the Planning Commission.

      11.    The wireless telecommunications tower shall be painted a noncontrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

      12.    Equipment for wireless telecommunications facilities shall be housed in equipment cabinets or brick-faced buildings. Elevation drawings shall be submitted illustrating the placement, heights, color and materials of the wireless telecommunications equipment cabinets or brick-faced buildings, the wireless telecommunications antenna and its support structure. Apart from the wireless telecommunications tower or monopole structure, the wireless telecommunications facility appurtenances shall be aesthetically compatible with the architecture of the surrounding environment.

      13.    Driveways, walks and parking areas shall be paved in accordance with City requirements. All other areas shall be landscaped and kept maintained in accordance with the BOCA National Property Maintenance Code and any plans approved by the Planning Commission.

      14.    Warning signs of a maximum four (4) square feet shall be posted around the wireless telecommunications facility with an emergency telephone number of whom to contact in the event of an emergency.

      15.    The wireless telecommunications facility owner/operator shall present a maintenance plan in which such owner/operator shall be responsible for compliance with the City's Property Maintenance Code.

      16.    A permanent easement or evidence of legal access to the wireless telecommunications tower site shall be provided, thereby maintaining access regardless of other developments that may take place on the site.

      17.    No advertising shall be permitted anywhere on the wireless telecommunications facility.

      18.    All providers utilizing towers shall present a report to the Building Commissioner notifying him or her of any tower facility located in the municipality whose use will be discontinued and the date such use will cease. If at any time the use of the facility is discontinued for 180 days, the Building Commissioner may declare the facility abandoned. The facility's owner/operator will receive written notice from the Building Commissioner and be instructed to either reactivate the facility's use within 180 days or dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.

   G.    Reimbursement of Expenses Incurred by City

   The applicant shall be responsible for all expenses incurred by the City in excess of one thousand dollars ($1,000) for any professional services deemed necessary by the Building Commissioner, the Planning Commission, the City Engineer or City Council.

(Ord. 2000-128. Passed 12-6-00; Ord. 2002-017. Passed 3-20-02.)

   A.   Permit Required; Definition

      1.   No person shall erect a satellite dish without first obtaining a permit therefor.

      2.   As used in this section, "satellite dish" means a device which is designed to receive transmission signals from earth orbiting satellites, usually in the (K) band, and which is larger than six (6) feet in diameter.

      3.   Satellite dishes under six (6) feet in diameter are exempt from these provisions.

   B.   Application for Permit; Plans

   Any owner of property in the City who desires to construct or erect a satellite dish at any location in the City shall apply to the Building Commissioner for the permit referred to in subsection A. hereof.

   Three sets of construction plans reflecting the specifications and elevations of the proposed satellite dish location, along with details sufficient to show the size, method of assembly, and construction of the satellite, shall be submitted to the Building Commissioner along with the application for a permit and a fee as established by City Council. Half of the fee shall be refunded to the applicant if the system requires only one inspection and is approved.

   Upon receipt of the application for a permit and of the plans and the permit fee, the Building Commissioner shall review the same and cause such application to be placed upon the agenda of the City Planning Commission for final review and action.

   C.   Location

      1.   No satellite dish shall be erected in any front yard or side yard of any parcel in the City.

      2.    No satellite dish shall be erected on the roof of any building in the City.

      3.   No satellite dish shall be linked to any receiver or other equipment not located on the same lot occupied by such satellite dish.

      4.   Satellite dishes may be erected and constructed in the rear yard of any lot in the City, provided they meet the specifications contained in subsection D. hereof. The center of the dish shall be ten (10) feet from side and rear lot lines and per specifications listed in subsection D. hereof.

      5.    In other than Single-Family Districts, this section may be modified by the allowance of a roof-top mounting, provided the Planning Commission approves it in advance, after reviewing the plan and any other information it may request.

   D.   Size and Construction Requirements

      1.    No satellite dish shall be constructed exceeding twelve (12) feet in diameter and fifteen (15) feet in height above natural grade.

      2.    No satellite dish shall be constructed which will endanger the health, safety or welfare of the occupant of the premises or persons likely to be upon the premises within the vicinity of such satellite dish. The satellite dish shall be anchored in a concrete foundation that will withstand eighty-five (85) miles per hour wind velocity.

      3.    Drive controls should be the transformer isolated type that do not exceed thirty-six (36) volts.

      4.    In other than Single-Family Residential Districts, this section may be modified by the allowance of a roof-top mounting, provided the Planning Commission approves it in advance, after reviewing the plan and any other information it may request.

   E.   Screening

   A vision impairing fence four (4) feet in height shall be erected around the base of the satellite dish so as to protect the health, safety and welfare of all adjacent property owners.

(Ord. 2000-128. Passed 12-6-00.)

   Gainful home occupations and home offices, including but not limited to home adult or child daycare facilities or daycare homes, shall be conditionally permitted uses in all zoning districts. A store, trade, profession, use or business shall not be permitted as an accessory use in any private residence or apartment building. Home offices or home occupations presently located in a dwelling or apartment are declared to be nonconforming uses.

   A.   A home occupation shall only be established as an accessory use to the principal use of the dwelling for dwelling purposes and shall be dearly incidental and subordinate to the use of the property for residential purpose.

   B.    Not more than two (2) persons, who are not residents of the premises, may participate in the home occupation as an employee or volunteer.

   C.    A home occupation, including any storage of materials or equipment related thereto, shall be carried on entirely within the dwelling and not in an accessory building.

   D.    The conduct of the home occupation shall not occupy more than twenty five percent (25%) of the living floor area of the dwelling unit.

   E.    A home occupation shall not constitute primary or incidental storage facilities for a business, industrial or agricultural activity conducted on another lot.

   F.    There shall be no outside storage, including machinery and equipment, of any kind related to the home occupational use. Furthermore, no display of products or supplies shall be visible from the street.

   G.    The proposed use shall not generate noise, odor, fumes, smoke or vehicular or pedestrian traffic or other disturbance or nuisance in an amount which would tend to depreciate the residential character of the neighborhood in which the proposed use is located, or which exceeds that impact normally generated by a dwelling. No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupational use, shall be created.

   H.    The Conditional Use Permit for the home occupation shall be issued for a period not to exceed three (3) years; shall not be transferable to a subsequent owner of the designated property; and shall not be transferable by the named applicant to another property in the Municipality. The owner of a home occupation must apply for renewal of the Conditional Use Permit to the Planning Commission at the end of said three (3) year period.

   I.   No more than one (1) passenger car or other motor vehicle, designed to carry a load of no more than one (1) ton and used in the conduct of the business, shall be parked on the lot. It shall be parked in a garage or on a paved exterior parking area on the lot. Other equipment, including trailers, shall only be stored in a garage which is part of the main building or in an approved accessory structure. No vehicle used in the conduct of the home occupation or by any permitted visitor to the home occupation shall be parked on the public road for a period greater than fifteen (15) minutes in any one hour.

   J.    The Planning Commission shall determine how many visitors shall be permitted during the applicant's hours of operation.

   K.    No signs shall be utilized other than an unlit nameplate not more than two (2) square feet in area.

   L.    Furthermore, no home occupation shall use equipment, processes or chemicals which cause x-ray, radiation or explosive conditions.

   M.    Prohibited home occupations shall include auto repair, any other equipment repair, outdoor welding, clinics, hospitals, barber or beauty shops, tourist homes, animal hospitals or kennels, and gun or ammunition sales, unless the operator holds a valid Federal Firearms License, among others prohibited by Federal, State or local law.

   N.    Violation of this section shall be governed by Chapter 1299.

(Ord. 2000-128. Passed 12-6-00; Ord. 2005-005. Passed 1-19-04.)

   The following regulations shall apply to outdoor bulk storage or displays:

   A.   The outdoor storage or display of bulk goods including seasonal items such as firewood and mulch shall be controlled by the following regulations:

      1.   The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.

      2.   The outdoor storage or display of merchandise, inventory or materials shall not be located in any required yard area within the lot.

      3.   The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.

      4.   Outdoor storage areas shall be required to be fully screened with an opaque fence or wall not to exceed eight (8) feet in height.

      5.   Outdoor storage or display of merchandise shall be limited to ten percent (10%) of the gross leasable area of the lot.

   B.   Outdoor storage or display locations shall be approved by the Building Commissioner upon the application of the record owner of the property.

   C.   Applications for outdoor storage or display areas shall be on a form provided by the Building Commissioner and shall be submitted with a site plan depicting the location of the said storage or display areas with supporting documentation indicating the impact of the storage or display area on the property as a whole. The Building Commissioner may request the specific review and approval of the Planning Commission of any application. The review and approval of the Planning Commission may also be requested by any applicant whose application has been rejected or modified by the Building Commissioner, which request must be made in writing and must be made within ten (10) days of such rejection or modification.

(Ord. 2000-128. Passed 12-6-00.)

   The accumulation or storage of junk, junk vehicles, disabled or inoperative machinery or equipment, vehicles or machinery parts, rags or any other discarded objects or debris defined as "junk" in the Ohio Revised Code, or other items which, due to their condition, can no longer serve their intended purpose, shall be prohibited in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents which leads to disease.

(Ord. 2000-128. Passed 12-6-00.)

   The regulating of parking and occupancy of mobile homes shall be as follows:

   A.   No person shall occupy any mobile home or house trailer on any premises in the City, except educational trailers, or temporary construction or office trailers located on construction sites.

   B.   Temporary construction or office trailers may be occupied by those employed at the site, but not as dwellings, and not for periods in excess of six (6) months.

   C.   The Board of Zoning Appeals may extend the period of occupation of a temporary construction or office trailer for an additional six months, on application and for good cause shown.

   D.   The temporary parking and the permanent parking or storage of an unoccupied trailer in an accessory private garage, or other accessory building, side or rear yard, shall be permitted, provided that no living quarters shall be maintained and no business conducted in such trailer while it is so parked or stored, and provided that no front yard shall be occupied by such trailer or mobile home.

   E.   In any district, the wheels or any similar transporting devices of any trailer or similar facility shall not be removed except for repairs, nor shall any trailer or similar facility be otherwise permanently fixed to the ground in a manner that would prevent removal of the trailer, or similar facility.

(Ord. 2000-128. Passed 12-6-00.)

   In any district on any corner lot, no fence, structure or planting shall be erected or maintained within a triangle twenty (20) feet from the intersection of the right-of-way lines which may interfere with traffic visibility across the corner; provided that in the BCO Broadway Corridor Overlay District, buildings may be erected on the same footprint.

(Ord. 2000-128. Passed 12-6-00.)

   The following requirements shall apply to automotive service stations in the City:

   A.   Location

   Automotive service station buildings shall be located not less than seventy-five (75) feet from the nearest street right-of-way line. However, gasoline pumps and pump canopy, if constructed and operated as a part of an automotive service station or garage, may be erected in front of the established building line, but not less than thirty-five (35) feet from the front lot line.

   B.   Ingress and Egress

   All driveways, platforms, and curbs of the service stations, whether located on a municipal street, county road, or state highway, shall be designed in accordance with the latest promulgation or revision thereof of the Regulations Governing Ingress and Egress at Gasoline Service Stations Fronting on all Highways Under State Jurisdiction in Ohio, adopted by the Ohio Department of Transportation.

   C.   Combining Other Uses

   Other uses permitted in a district which automotive service stations are permitted may be combined on the same premises with automotive service station uses provided that, before the commencement of such combined uses, a development plan shall be submitted to the Planning Commission for its review and approval. In determining the approval, approval with modifications or disapproval of such development plan, the Planning Commission shall consider the following factors, and its approval or disapproval shall be based on the following factors alone:

      1.   Access, ingress, egress and traffic circulation;

      2.    Off-street parking and loading spaces as required by Chapter 1290;

      3.    Adequate and safe separation of uses; and

      4.    Compliance with the requirements of this Section.

   D.   Abandonment

   The following shall regulate the abandonment of automotive service stations:

      1.   If any automobile service station is abandoned for a period at least six (6) consecutive months in any eighteen (18) month period, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and shall be abated.

      2.   Such abandoned condition shall be abated within thirty (30) days either by placing the station in operation in accordance with this Section and other applicable laws and regulations of the City and State, adapting and using the building or structure for another permitted use in the district in which it is located, or by razing the station, removing the pumps and signs, abandoning the underground storage tanks in accordance with safe accepted practices as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the City's Fire Chief or other designated officials, and filling depressions to the grade level of the lot, however, if the station is in operation at the time notice is given and remains in operation for ninety (90) consecutive days thereafter, the provision of this sub-section shall not apply.

   Whenever the Building Commissioner shall find any automotive service station to be abandoned within the meaning of this section, the Building Commissioner shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or the address to which tax bills are sent, or by a combination of the foregoing methods.

      3.    On the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Commissioner shall take such action as may be necessary to abate such nuisance.

      4.    Inoperative service stations which do not come within the definition of an abandoned station shall be maintained in accordance with the provisions of this section and other applicable laws and regulations, and the owner shall maintain the premises, mowing grass and removing all weeds and rubbish. The parking of motor vehicles on the premises shall be strictly prohibited, and the owner shall place in the window of such station a sign of at least ten (10) square feet in area, notifying the public of this fact. Notwithstanding any other provision of this section, if the Building Commissioner shall find that such notice is not complied with by the public, he may order the owner of the premises on which any station is inoperative for more than six (6) months to install fencing or barricade, approved by the Building Commissioner, which will be sufficient to block motor vehicles access to the property.

(Ord. 2000-128. Passed 12-6-00.)

      5.   “Type-B family day care home” and “Type-B home” mean a permanent residence of the provider in which child care is provided for one (1) to six (6) children at one (1) time and in which no more than three (3) children are under two (2) years of age at one (1) time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the provider and who are on the premises of the Type-B home shall be counted. Any Type B family day care home, whether licensed or not licensed by the Director of Jobs and Family Services, shall be considered to be a residential use of property and shall be a permitted use in all zoning districts in which residential uses are permitted. No conditional use permit or any other special exception certification for any such Type B family day care home, including a conditional permit as a home occupation under Section 1298.22, shall be required.

(Ord. 2000-128. Passed 12-6-00; Ord. 2006-001. Passed 1-18-06; Ord. 2013-67. Passed 10-16-13; Ord. 2021-48. Passed 6-2-21.)

   The following accessory uses are permitted in each residential district:

   A.   Private garages.

   B.   A structure for storage incidental to a permitted use.

   C.   A swimming pool, bathhouse, tennis court, and other accessory recreational facilities designed for the use of the occupants of the single household dwelling and their guests. Such facilities shall comply with the following conditions and requirements:

      1.   The facility shall not be located in any front yard or side yard and shall be located fifteen (15) feet from the rear or side lot line.

      2.   The facilities shall be located on the same zoning lot as the principal building, structure or use.

   D.   A child's playhouse, tree house, birdhouse.

   E.   Statuary, arbors, trellises, barbecue equipment, flag poles, fences, play equipment, and clothes lines.

   F.   Radio, television, wind generating, or other receiving similar dish, antenna, or structure provided such items are located in the rear yard.

   G.   Non-commercial amateur radio antenna structures for use by licensed amateur radio operators shall be authorized for use by licensed amateur radio operators in all residential districts, provided that:

   The height of the structure does not exceed the lesser of the width or depth of the property as determined by a line bisecting such structure and measured from one side of the property line to the other, or from the front property line to the rear at the shortest distance there between. However such height shall not exceed forty-five (45) feet.

      2.   The construction shall be of such type as may be required by the City to form a safe and durable structure.

   H.   Air Conditioning, Heat Pump, or Solar Units

   Any wall bracket or ground supported solar unit shall not project into or be located in a front yard or side yard. Any wall bracket or ground supported air conditioning or heat pump unit shall not project into or be located in a front yard, but such a unit may be located in a side yard if it is no closer than seven (7) feet to the side lot line, provided it is screened from view from the front lot line. Such screening shall consist of landscaping, fencing or other type of structure, and in all cases must be consistent with the aesthetics and design of the residence and neighborhood. Each of the aforesaid units may be located in a rear yard but must be not less than seven (7) feet from a rear or side lot line. On corner lot, they shall be set back from the side street not less than the required setback for the adjacent main building on the butt lot plus an additional five (5) feet. The height shall not exceed sixteen (16) feet or the height of the main building to which it is associated, whichever is less. They shall not cover more than 120 square feet of ground area and are limited to the width of the primary building on the property.

   I.   Renting of Rooms

   The renting of rooms, from a resident family, of not more than two (2) rooms is permitted, provided that:

      1.   No advertising signs are displayed.

      2.   The exterior character of the dwelling is not changed.

(Ord. 2000-128. Passed 12-6-00.)

   The following are permitted uses in the office, commercial and industrial districts for the purposes of this Code. Commercial Districts shall be the Neighborhood Commercial District (NC), General Commercial District (GC), the Broadway Corridor Overlay District (BCO), and the Institutional/Office District (1-0). The industrial district shall be the Office/Industrial District (OI).

   A.   In a Commercial 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 Chapter 1261, Definitions, and which complies to the applicable standards of the district in which it is located is permitted.

   B.   Outdoor vending machines shall be limited to three (3) units per principal building.

   C.   Outdoor sales under a conditional use permit if the following criteria are met:

      1.   If the sales are incidental to the main use.

      2.    If the area used for said outdoor sales are within a compound screened from the right-of-way and any residential area adjacent thereto.

      3.    That the screened area containing the outdoor sales is attached to an integral part of the main building.

      4.    The items for sale are not reasonably suited for indoor sales.

      5.    That palletized, stackable goods and the structures used for storing or displaying goods shall not exceed the height of the screened area.

      6.    There is only a negligible adverse impact on adjacent properties.

   D.   Temporary uses if the following criteria are met:

      1.   The Building Commissioner shall have the power to consider as set forth herein and grant or deny all applications for temporary uses of commercially zoned property.

      2.   No temporary use permit shall be issued by the Building Commissioner and no temporary use permitted unless the Building Commissioner determines it meets all of the following criteria:

         a.   It shall not be materially detrimental or injurious to other uses and properties in the vicinity. The duration and frequency of the proposed use are factors that the Building Commissioner shall consider in this regard, plus such other factors as the Building Commissioner determines to be material.

         b.   It shall not create an unreasonable hazard to persons or property. Consideration shall be given to whether the proposed temporary use shall provide adequate space, lighting, parking and traffic circulation.

         c.   It shall not unreasonably detract from the character of the district or the vicinity. In this regard, the Building Commissioner shall consider the duration of the proposed temporary use, the area involved and the intensity of the proposed use.

      3.    In addition to the criteria in division (2) hereof, the Building Commissioner shall be guided by the following criteria as applicable:

         a.    Seasonal retail sales may be permitted in Neighborhood Commercial, General Commercial or Broadway Corridor Overlay Districts, provided:

            (1)   The commodity or product is not suited for indoor sales;

            (2)   The commodity or product is seasonal in nature;

            (3)   The sale is limited to that time in which the commodity or product is in season;

            (4)   The sales are an extension of the existing owner's or tenant's commercial retail activity and are incidental to a main use on the same zoning lot; and

            (5)   The duration of the total sales activity shall in no event exceed four (4) months during a calendar year on the same zoning lot.

         b.   Tent sales may be permitted for promotion of special activities in the Neighborhood. Commercial District (NC), General Commercial District (GC), the Broadway Corridor Overlay District (BCO), and the Institutional/Office District (I-0). Brightly colored tents, canopies and banners may be utilized to the extent they comply with the criteria set forth herein. The duration of such sales shall be limited in duration, which in no event shall exceed two (2) consecutive weeks, and frequency, which in no event shall exceed four (4) such events during any calendar year on the same zoning lot. There shall be a minimum of one (1) month period between the end of one tent sale to the beginning of the next, on the same zoning lot. In addition, the promotion shall be only for the existing owner's or tenant's ongoing commercial retail activity.

         c.    Temporary signs, balloons and search lights may be permitted in the Neighborhood Commercial District (NC), General Commercial District (GC), the Broadway Corridor Overlay District (BCO), and the Institutional/Office District (I-0) as a part of the temporary use activity, provided:

            (1)   They do not create a safety hazard to pedestrians or vehicular operators or passengers. In this regard, the Building Commissioner shall consider the location, size, duration, design and any other factor that would be material.

            (2)   Such signs may be placed only on the inside of windows or doors and on the exterior of buildings. The gross area of all temporary signs shall not exceed twenty percent (20%) of the maximum area of signs permitted for each establishment. Balloons shall be of the fan inflatable type and shall be located a minimum of fifteen (15) feet from the street right-of-way line. On corner lots, no balloons may be located within a triangle formed between points on the side and front lot lines within thirty-five (35) feet from their intersection. Only one such balloon shall be permitted per occurrence on a zoning lot.

            (3)   Temporary signs may not be posted, tacked or otherwise secured on fences, posts, poles, trees or surfaces other than the main building.

            (4)   The duration and frequency of the signs, balloons and search lights are to be appropriately limited, and shall, in no event, exceed two (2) consecutive weeks in duration in each occasion of their use, and in no event shall exceed four (4) occasions of usage during any calendar year on the same zoning lot. There shall be a minimum of a one (1) month period between the end of one occasion and the beginning of the next, on the same zoning lot.

         d.    Periodic sidewalk sales may be permitted in General Commercial and the Broadway Corridor Overlay Districts provided:

            (1)   Passage and safety of vehicular operators and pedestrians shall not be impaired; and

            (2)   The duration and frequency of such sales are appropriately limited, and shall, in no event, exceed two such sales during any calendar year on the same zoning lot. There shall be a one-month period between the end of one sale and the beginning of the next, on the same zoning lot.

      4.    No temporary use shall be permitted that is not specifically provided for herein or elsewhere in this Zoning Code.

      5.    All applications for a temporary use permit shall be in writing on forms provided by the Building Commissioner and made at least thirty (30) days prior to the use for which the application is being made. The application shall consist of a site plan of the zoning lot or reasonably accurate drawings of the zoning lot and the proposed use, and such other accurate information pertaining to the proposed uses as may reasonably be requested by the Building Commissioner. Applications pertaining to signs shall contain the information, drawings and plans required under Chapter 1296. Within fourteen (14) days of receipt of such drawings and information, the Building Commissioner shall:

         a.    Grant the application by issuance of a temporary use permit. Such permit may set forth conditions, including, but not limited to, duration and hours of operation, which control the proposed use set forth in the application if the Building Commissioner determines that such conditions are reasonably necessary to meet the criteria set forth herein; or

         b.    Deny the application, which denial shall be communicated, along with the reason for denial, in writing. The applicant shall then have ten (10) days from receipt of the written denial to appeal this determination to the Board of Zoning Appeals. If the Building Commissioner has not acted on the application within fourteen (14) days of receipt, the application shall be deemed denied.

   No owner, tenant or occupant of any lot in any district may store, place, or keep, or permit to be stored, placed or kept on that lot, any combination of dumpsters, compactors, grease dumpsters or any other waste or garbage containers (hereinafter referred to as "containers"), that exceed a total of 120 gallons in capacity, outside an enclosed building, except for collection purposes as is otherwise permitted in this Code, unless the following conditions are met:

   A.   The containers shall be located on a concrete pad that is enclosed by a three sided structure constructed of masonry construction or wood sufficient to provide complete visual screening of the containers to a height of twelve (12) inches above the top of the containers. The unit shall be constructed with materials similar to the principal structure. The structures shall be located not less than twenty (20) feet from any property line on an adjacent residential lot. It shall not project into or be located on a front or side yard. It may be located in a rear yard but shall be not less than five (5) feet from any rear or side lot lines. On corner lots, it shall be set back from the side street not less than the required setback for the adjacent main building on the butt lot plus an additional five (5) feet.

   B.   Landscaping shall be provided around the structure as is required by Chapter 1294, Landscaping and Buffering, to insure that the visual impact of the structure is harmonious with the general appearance of the surrounding structures and uses.

   C.   If the opening of the unit is in sight of the public right-of-way, it shall be covered by a door constructed of steel and wood which shall remain closed when not in use and it shall be maintained in good condition.

(Ord. 2000-128. Passed 12-6-00.)

   A.   Purpose

   It is the purpose of the environmental performance standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside said uses' lot line. Materials used and products produced shall be adequately housed, shielded or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.

   B.   Applicability and Compliance

   The environmental performance standards are applicable to all land uses in all zoning districts in the City, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this code and not in conformance with these standards shall be brought in full compliance immediately upon discontinuance of the existing use of land, structure or building. Any change in the principal use of land, structure or building shall constitute a discontinuance and be fully subject to these standards and provisions.

   C.   Noise

   No activity on private property shall emit noise in excess or sound levels indicates in the table below that creates a nuisance to surrounding properties. Sound levels shall be determined by the use of a sound level meter designed to give measurements designated as dBA of dB(A). Measurements may be taken, at the discretion of the Building Commissioner, at the property line or anywhere beyond the property line of the source property. The maximum noise levels will be established by the receiving property or zoning district regardless of the proximity of the source property to it. The source property need not be contiguous to the receiving property.

 

   D.   Exemptions

   The following noise levels shall be exempt from the noise provisions during the daytime only:

      1.    Firearms on authorized ranges.

      2.   Legal blasting.

      3.    Temporary construction activity and equipment.

      4.   Installation of utility equipment.

      5.    Lawn mowers, chain saws and garden equipment.

   The following noise sources shall be exempt from the noise provisions at all times:

      1.   Aircraft.

      2.    Emergency vehicles and equipment.

      3.    Warning devices operating continuously for not more than five (5) minutes.

      4.   Bells, chimes or carillons operating continuously for not more than five (5) minutes.

      5.   The repair of essential utility services.

      6.   Officially sanctioned parades or other events.

   E.   Vibrations

   Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.

   F.   Glare

   Any operation producing intense light or heat, including high temperature processes such as combustion or welding shall not be visible beyond any lot line bounding the property wherein the use is conducted. All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or right-of-way. Furthermore, no activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Building Commissioner.

   G.   Odor

   No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.

   H.   Air and Water Pollutants

   The emission of air and water pollutants shall not violate the standards and regulations of any local, State or Federal agency having jurisdiction in this matter.

   I.   Hazardous Materials

   The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulations of any local, state or federal agency having jurisdiction in this matter. Furthermore, the storage of all materials in yards or buildings must comply with the Fire Prevention Code, and all parts shall be accessible to firefighting equipment. Bulk storage of flammable liquids and gasses above ground must comply with the Fire Prevention Code.

   J.   Electrical Disturbances

   No activity will be permitted which emits electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance and, shall comply with all applicable FCC regulations and standards.

   K.   Enclosures

   All service and manufacturing operations shall be conducted wholly within an enclosed building and all raw materials, fuel, machinery and equipment, including trucks, used int he operations, shall be enclosed within a structure or screened by a substantially solid wall or fence of such nature and height as to conceal all operations and materials therein from the view of any observer standing at grade level at the nearest residential district line or a public street.

   L.   Dust and smoke

   The emission of smoke, soot, fly ash, fumes, dust, and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity of deposit beyond the lot shall not be detrimental to or endanger the public health, safety, comfort, welfare, or adversely affect property values, and shall not exceed the amount permitted by other codes of the federal, state, county or city governments.

   M.   Waste materials

   Solid waste resulting from all such operations shall be either disposed of, stored in buildings or enclosed within a wall or fence. Liquid waste shall not be discharged into an open reservoir, stream or other open body of water, or a sewer unless treated or controlled so that the amount of solid substances, oil, grease, acids, alkalines, and other chemicals shall not exceed the amount permitted by other codes of the federal, state, county or municipal governments. Such structures shall be landscaped and screened pursuant to Chapter 1294, Landscaping and Buffering.

   N.   Screening of Industrial Uses

   In order to provide protective screening and buffers for residential areas adjacent to nonresidential areas, the Planning Commission shall require a wall, fence or greenbelt (or combination thereof) to be provided by the nonresidential property owner in accordance with the following:

      1.   Screening areas shall be provided for the purpose of minimizing the impact between incompatible land uses and improving the aesthetic and functional quality of new development.

      2.    Where vegetative and/or topographic conditions that provide a natural buffer and screening exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening and buffering may not be required, provided that provision is made for maintenance of such areas.

      3.   When any manufacturing land use is proposed to abut a residential district and a bufferyard or screening is required, a minimum bufferyard shall be established of one of the following unless modified by the Planning Commission:

         a.    A wall or fence six (6) to eight (8) feet in height shall be erected at the nonresidential property line with the finished side facing the residential property to prevent viewing of the property. Space shall be required between the fence and property line for plantings which form a permanent landscaped area; or

         b.    A greenbelt strip shall be erected along the property line of at least ten (10) feet and not more than twenty (20) feet in width. Such greenbelt shall be planted and maintained with evergreens or hedges such as spruce, pine or firs at least five feet in height at planting. Such plantings shall be situated so as to provide an effective and permanent visual buffer.

   All portions of the buffer areas shall be properly maintained and all plantings shall be kept in a neat and orderly fashion and in a healthy growing condition.

(Ord. 2000-128. Passed 12-6-00.)

   A.   Distance Between Buildings and Uses

   With respect to assisted living facilities, senior independent living facilities and in a nursing home, land and structures shall be developed and maintained in accordance with the following regulations regarding the required distances between buildings and other uses.

      1.    Definitions and Measurement Standards As used in this section:

         a.   "Main wall" means any exterior wall(s) of a residential building containing the principal windows of a living, dining or sleeping room or rooms.

         b.   "Secondary wall" means any exterior wall(s) of a residential building, other than a main wall, containing minor windows of a dining room or sleeping room, principal or minor windows of a kitchen or bathroom or no windows.

         c.   "Overlapping wall" means a wall of a building when perpendicular lines extended from such wall intersecting the wall of a second building.

         d.   "Length of overlap" means the portion of one wall from which perpendicular lines will intersect a second wall. In determining the length of overlap, the minimum possible overlap shall be used for computation.

         e.   Although more than one set of walls may be overlapping in the relationship between two buildings, only one set of two walls shall be considered "facing". "Facing walls" mean those two overlapping walls for which the length of overlap is the greater.

      2.    Schedule of Distances

   The minimum distance between walls of main buildings and other walls or uses shall be as set forth in the following schedule:

 

   B.   Design Regulation and Standards

   In assisted living facilities, senior independent living facilities and in a nursing home, land and structures shall be developed and maintained in accordance with the following design regulations and standards:

      1.   Building Design: Assisted Living Facilities and Senior Independent Living Facilities

      The maximum length of any building wall shall be 100 feet. However, building length may extend a maximum of 200 feet, provided that the walls are offset or aligned at angles approved by the Architectural Review Board. The minimum square footage for rooms in these facilities shall be as follows:

         a.   Assisted living facility - 250 square feet per unit.

         b.   Senior independent living facility without kitchen - 650 square feet.

         c.   Senior independent living facility with kitchen - 750 square feet.

      2.    Building Design: Attached Single Family

      In order to enhance privacy and encourage attractive building arrangements, the alignment of attached single-family buildings should be varied and the facades of not more than every two (2) dwelling units shall be offset by at least sixteen (16) inches. Not more than eight (8) units shall be located in one building.

      3.    Building Design: Nursing Home

      Section 856.16 of the Codified Ordinances of the City of Maple Heights shall govern. However, attractive variations in such building elements as facade, width, color, exterior materials and roof lines shall be deemed desirable. Parallel arrangements of buildings should be avoided. However, uniformity in design is not expressly prohibited.

      4.   Site Design

      Assisted living facilities shall be designed to complement the topography of the land in order to utilize natural contours, economize in the construction of utilities, reduce required grading and maximize the conservation of trees, watercourses and other natural features.

      5.   Modifications to Area, Yard and Buffer Requirements

      With respect particularly to properties of irregular shape, unusual topography or limited size, the Planning Commission may modify requirements regarding areas, yards, buffers and distances between uses if compliance with such requirements is either clearly infeasible or contrary to compliance with the design regulations and standards of this Section. However, the maximum permitted density shall not be increased by reason of this provision.

      6.   Common Open Space

      At least 500 square feet of land per dwelling unit shall be reserved as common open space in the assisted living facility areas.

         a.   Required Characteristics

         Land designated as common open space under this section shall conform with the following characteristics:

            (1)   Common open space shall consist of land or a combination of land or water of such condition, size and shape as to be useable for active recreation and/or scenic enjoyment as appropriate to the site, the surrounding area and the expected resident population. Such area shall contain no structures other than those related to recreational use and shall not include roads or parking areas.

            (2)   Required yard and buffer areas shall be excluded in the computation of common open space.

            (3)   Consideration shall be given to the arrangement and location of common open space to take advantage of physical characteristics of the site and to place common open space within easy access and view of dwelling units. Common open space shall not be separated from the development by existing roads.

         b.   Ownership and Maintenance

         Such common open space, including any recreational facility proposed to be constructed in such space, shall be clearly delineated on the site plan, together with descriptive data as to the methods to be employed to preserve and maintain such open space. All common open space shown on the site plan must be subject to legally enforceable reservations and restrictions, acceptable to the City, which will ensure the preservation of such land for recreation and open space use in perpetuity and absolutely prohibit development of such land except for permitted recreation use.

      7.   Pedestrian Circulation

      Each assisted living facility development should be served by a comprehensive walkway system adequately separated from vehicular circulation, connecting residential buildings, parking areas, recreation areas and health center buildings.

      8.    Utility Equipment

      All utility lines serving a assisted living facility development shall be located underground. All rooftop mechanical equipment shall be enclosed in a manner which complements the architectural style of the building on which it is located.

      9.    Swimming Pools

      Any swimming pool in which water may be collected to a depth in excess of one and one half (1 1/2) feet shall be enclosed by a wall or fence not less than five (5) feet in height, with access provided from a controlled point.

   C.   Assisted Living Facility Development

   All assisted living facility developments must comply with all of the requirements set forth in Chapter 856 of the Business Regulation and Taxation Code of the City of Maple Heights.

(Ord. 2000-128. Passed 12-6-00.)

   Residential dwelling area unit requirements shall comply with Chapter 3 of the Ohio Residential Code (Ohio Revised Code).

(Ord. 2000-128. Passed 12-6-00; Ord. 2002-032. Passed 10-2-02; Ord. 2010-07. Passed 2-3-10.)

   A.   Intent

      1.   Regulations to control the exterior appearance and form of buildings are hereby established in order to achieve, among other purposes, as set forth in subsection C., the following:

         a.   To promote the general welfare and prosperity of the community by increasing the benefits to be derived from the occupancy or use of real property; and

         b.   To ensure orderly and reasonably harmonious developments in the City and in each neighborhood thereof.

   B.   General Design Regulations

      1.   The exterior appearance and form of all buildings shall be appropriate and suitable for the building proposed and in accordance with principles and standards of design adopted by the Ohio Revised Code. The building shall be set at proper grades and otherwise in proper relation to the proposed surroundings.

      2.   The purpose of this chapter is to protect properties on which buildings are constructed or altered, to maintain the high character of community development and to protect real estate within the City from impairment or destruction in value, by regulating, according to approved architectural principles or design, use of materials, finished grade lines and orientation of all new buildings hereafter erected, and the moving, alteration, improvement, repair, adding to or razing in whole or in part of all existing buildings. The powers and duties herein provided shall be exercised in such manner as to accomplish the objectives of these regulations.

   C.   Excessive Dissimilarity

   The bulk of floor area of a dwelling, the exterior design of buildings, the site plan or other significant features shall not be excessively dissimilar to that of any other existing building or one for which a permit has been issued in the immediate vicinity, in relation to one or more of the following:

      1.   Height

      The height of the roof of buildings may vary. However, in general, the variations shall not exceed nine (9) feet upon the same dwelling or between adjoining dwellings. Exceptions may be granted by the Board of Architectural Review.

(Ord. 2000-128. Passed 12-6-00; Ord. 2010-08. Passed 2-3-10.)

   Architectural features may project into required yards or into courts as follows:

   A.   Into any required front yard:

      1.   A one story unenclosed porch, and unenclosed steps or landings below the level of the first floor.

      2.   Cornices, belt courses, entrance canopies, eaves, and similar overhanging roofed spaces in proportion of one (1) square foot of horizontal area for each two (2) feet of lot frontage.

      3.   Chimneys, porticos or bays projecting not more than three (3) feet, exclusive of cornices and aggregating a vertical area in any story of not more than thirty-five (35) percent of the area of the front of that story, provided that these projections are not closer to the street line than fifteen (15) feet.

      4.   Retaining walls, if the location and height are approved by the Building Commissioner, or his or her selected representative and the Board of Zoning Appeals; and

   B.   Into any required side yard:

   Each main building shall have a side yard on each side of not less than three (3) feet.

(Ord. 2000-128. Passed 12-6-00; Ord. 2010-09. Passed 2-3-10.)