Residential business occupations shall be permitted in any "R-1" district only if the following criteria are met:

   (A)   Only members of the family residing within the dwelling shall be engaged in such occupation in that location.

   (B)   The occupation, except for storage, is conducted entirely within the principal building or an accessory building, that is located on the same lot.

   (C)   The residential character of the dwelling and accessory buildings is preserved and no structural alternatives or construction features of a nonresidential nature are incorporated.

   (D)   No retail or wholesale goods, except those which are produced or processed on the premises, shall be exchanged or sold on the property.

   (E)   There is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling.

   (F)   No mechanical equipment or process shall be used which will create any noise, odor, fumes, glare, vibrations or electrical disturbances.

   (G)   Storage of materials, goods, supplies or equipment related to the operation of a residential business occupation shall be inside a permanent structure.

   (H)   Pedestrian or vehicular traffic shall not be generated by such residential business occupations in significantly greater volume than would be expected in the residential neighborhood and that the number of deliveries, pick-ups, or origin or destination trips relating to this residential business occupation shall not exceed five per day.

   (I)   Any need for parking generated by the conduct of such residential business occupation shall be in the driveway or a parking area on the lot, except for short-term parking of less than one-half hour.

   (J)   Solid waste in excess of one thirty-three gallon trash container per week resulting from a residential business occupation shall not be placed for residential solid waste collection.

   (K)   Usage of hazardous production materials, as identified by the BOCA National Fire Prevention Code, are prohibited in residential business occupations unless in such quantities or of such nature as approved by the Fire Marshall upon application.

   (L)   The residential business occupation operator must register such use with the Village.

(Ord. 0-1847-01, passed 12-17-01; Am Ord. O-1896-02, passed 8-19-02) Penalty, see § 154.999

   (A)   Definitions. For purposes of this section, the term VEHICLES includes, but is not limited to:

      (1)   CAMPING TRAILER. A folding or collapsible vehicular structure, mounted on wheels but without its own power, designed as a temporary living quarters for travel, camping, recreation and vacation uses, which is not encompassed in the definition of TRAVEL TRAILER .

      (2)   MOTOR BUS. Any motor vehicle having motor power designed and used for carrying more than nine passengers.

      (3)   MOTOR HOME. A self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming of food and for sleeping.

      (4)   RECREATIONAL TRAILERS. Any form of device, equipment, or machinery on wheels, or a single wheel, that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle. This shall include every vehicle designed and utilized for the sole purpose of transporting any boat, auto, snowmobile, recreational habitation, and the like, which does not have motive power, but is designed to be drawn by another vehicle.

      (5)   TRAVEL TRAILER. A non-self-propelled recreational vehicle, including a tent type fold out camping trailer as defined in R.C. § 4517.01(S).

      (6)   TRUCK CAMPER . A non-self-propelled recreational vehicle, without wheels for road use but with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation use, and designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers which consist of walls and roof, but do not have floors and facilities for using same as a dwelling.

      (7)   WATERCRAFT. This term shall include, but is not limited to, any of the following when used or capable of being used for transportation on the water:

         (a)   A boat operated by machinery either permanently or temporarily affixed.

         (b)   A sailboat other than a sailboard.

         (c)   An inflatable, manually propelled boat having a hull identification number meeting the requirements of the United States Coast Guard.

         (d)   A canoe or row boat.

   (B)   Specifications. All vehicles shall meet the following conditions when parked in any residential zoning district within the Village:

      (1)   Location/screening. When located outside an enclosed structure, all such vehicles must be parked within the buildable area of any given lot, and must be screened from the view of surrounding neighbors and passing motorists. Buildable area is defined as that interior lot area completely within the required front, side and rear yard setback lines. Screened from view is defined as any combination of coniferous plant material and landscape design elements that obscures the visibility of parked vehicles from surrounding residents and passing motorists throughout the year. The use of tarpaulins and/or location within an open-sided carport does not qualify as adequate screening. If an objection to the degree of obscurity is received by the Village, the Village Council shall determine if adequate screening or obscurity exists.

      (2)   Parking beyond buildable area. No vehicle as defined herein shall be permitted to remain outside the buildable area of a lot. This would serve to prohibit parking of vehicles as defined by this ordinance on any public street, unless expressly allowed herein.

      (3)   Improvements. No vehicle shall be parked, stored, or allowed to remain on a lot or parcel of land that is not improved with a principal building.

      (4)   Habitation/guest occupancy. A vehicle may not be inhabited, except for an occasional emergency sleeping room, or used to conduct any commercial enterprise. A permit must be obtained from the Village anytime a vehicle is used for sleeping purposes.

      (5)   Storage. No materials of any kind shall be temporarily or permanently placed or stored around, beneath, or on top of, parked vehicles.

      (6)   Registration. All recreational vehicles and recreational trailers shall be operable and have borne valid registration and licenses within the most recent 12 month period. All watercraft shall be operable and have been registered within the most recent 12 month period. Operable, in the case of a powered vehicle, means a vehicle capable of being started and driven from the location in question. Operable, in the case of a non-powered or water-borne vehicle, means a vehicle capable of being towed from the location in question.

      (7)   Indoor storage. Parking vehicles under roof within a permanent enclosure is encouraged.

      (8)   Maintenance/condition. A vehicle is inadequately maintained, and shall be removed from the Village, when all of the following conditions are met:

         (a)   The vehicle is extensively damaged. Such damage may include, but is not limited to, any of the following:

            1.   Broken windows or windshield;

            2.   Missing wheels, tires, motor or transmission;

         (b)   The vehicle is apparently inoperable.

      (9)   Ownership. The vehicle must be owned by a resident on whose lot it is parked, unless it qualifies for the guest occupancy exception described herein.

      (10)   Guest occupancy exception. A vehicle, not belonging to the owner of the residence, may be parked outside the buildable area of the lot for a period not to exceed 14 days in any calendar year.

      (11)   Safety. The vehicle shall not be parked in an unsafe manner.

      (12)   Construction/delivery. The other provisions of this section notwithstanding, this section shall not apply to such vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed, during the time of parking such vehicles or to the time during which such vehicle is being loaded or unloaded or used to deliver or hoist property or merchandise for completion of delivery, if such loading, unloading or other activities referred to in this provision are conducted diligently and without unnecessary delay.

(Ord. 0-1847-01, passed 12-17-01) Penalty, see § 154.999

   Private swimming pools. A private swimming pool shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than three and one-half feet. No such swimming pool, exclusive of portable swimming pools, hot tub or spa with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any "B" or "R-1" District except as an accessory use and unless it complies with the following conditions and requirements:

   (A)   The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

   (B)   It may not be located, including any walks or paved areas adjacent thereto, closer than ten feet to any property line of the property on which located.

   (C)   The swimming pool, or the entire property on which it is located, shall be completely enclosed by a fence of sturdy construction not less than forty-five inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times, unless such pool is in use or is under the immediate observation of a responsible person.

   (D)   All swimming pools shall be of in-ground construction.

   (E)   No swimming pool shall be erected or constructed except upon special permission by resolution of the Village Council pursuant to written application therefore. Such permission shall be subject to such requirements as the Council may impose.

(Ord. 0-1847-01, passed 12-17-01; Am Ord. o-1896-02, passed 8-19-02; Am. Ord. O-2163-08, passed 3-17-08)

   The following fence regulations shall be observed:

   (A)   No fences over forty-eight inches shall be located on any part of a lot.

   (B)   No fences shall be erected in any front yard.

   (C)   Fences not over forty-eight inches may be erected on those parts of a lot that are as far back or farther back from the street as the rear of the main building.

   (D)   No fence shall be erected in any side or rear yard that is adjacent to the front yard of a neighboring lot.

   (E)   No fence shall be erected in any side or rear yard adjacent to the street/alley of a corner lot.

   (F)   No fence more than 30% solid or more than 48 inches in height above the established street or alley grade shall be erected within the corner area of a lot that is included between the lines of two intersecting streets or the intersection of a street and alley and a straight line connecting them at points 25 feet from said intersection.

   (G)   No fence shall be constructed of barbed wire, chain link, or metal pronged in a residential district.

   (H)   No electric current shall be applied to any above ground fence.

   (I)   Fences shall be erected with the posts and other supporting structural elements facing inward toward the principle structure and concealed from view of the adjoining properties whenever possible.

   (J)   Any below ground electrical pet fence shall be installed in a location so that the device operates in a manner which keeps all pets subject to any such system a minimum of five feet from side and rear property lines and five feet from the property side of all public sidewalk edges.

   (K)   Fences that do not meet the specifications stated in this section may be erected only upon a variance granted by Council.

   (L)   No fence shall be installed until a fence permit has been obtained for its construction. Such permit shall be granted, if the fence is to be constructed in accordance with this section, for a fee. The amount of this fee, as determined by Council, is available and posted in a fee schedule available through the Village Clerk.

(Ord. 0-1847-01, passed 12-17-01) Penalty, see § 154.999

   In an "R-1" District a residence may not be converted to accommodate an increased number of dwelling units.

(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-2164-08, passed 3-17-08) Penalty, see § 154.999

   (A)   General maintenance requirements. All dwelling structures and all parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used.

      (1)   The occupant of a dwelling unit in any dwelling structure shall be responsible for maintaining in a clean and sanitary condition that part of the dwelling unit, dwelling structure or premises which he occupies and controls.

      (2)   The owner of every dwelling as defined herein shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of this chapter. The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.

   (B)   Maintenance of foundations.

      (1)   All foundations of every dwelling structure shall be maintained structurally sound and in good repair.

      (2)   All foundations of every dwelling structure shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundations.

      (3)   All openings into the foundations of every dwelling structure shall be protected against the entrance of rodents.

   (C)   Maintenance of roofs, gutters and down spouts. All roofs of every dwelling structure shall be maintained weather tight and shall be equipped with gutters and down spouts.

   (D)   Maintenance of exteriors of dwelling structures and secondary or appurtenant structures.

      (1)   All exterior parts of every dwelling structure, including exterior walls, parapet walls, decorative additions, chimneys, and all other exterior structures, either above or below the roof line, shall be maintained in a safe condition, weather-tight, and so as to resist decay or deterioration for any cause.

      (2)   Any dwelling structure or accessory or open building whose exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying, disintegrating or in poor repair must be repaired or demolished by permit.

         (a)   All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, railings, trim and their missing members must be replaced and put in good condition.

         (b)   All replacements must match and conform to original design or be replaced completely.

         (c)   All exterior wood or exterior unfinished surfaces must be sealed and painted or surface covered with other protective coating or treated to prevent rot and decay and conform and match the existing paint or surface covering and original design or replacement thereof. All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering or have weathered due to lack of proper protective covering.

      (3)   Any dwelling structure or accessory or open building whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be repaired or repainted or resurfaced.

         (a)   All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.

         (b)   All bare exterior surfaces which are flaking or crumbling shall be replaced or sealed in a good and workmanlike manner.

         (c)   All new or repaired bare surfaces shall be painted or coated.

         (d)   All exterior surfaces weathered with dirt and grime or which are peeling or flaking shall be painted or covered with protective coating or surface.

      (4)   Presentation of evidence that all exterior surfaces have, not more than five years prior to the date of inspection, been properly prepared and painted with at least one coat of good exterior paint or covered with other protective coating or surface shall be prima facie evidence of the exterior being in good condition.

   (E)   Infestation by pests. All dwelling structures and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin or rodents.

   (F)   Exterior property areas. No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of the premises any condition which deteriorates or debases the appearance of the neighborhood; or creates a fire, safety or health hazard; or which is a public nuisance; including but not limited to the following:

      (1)   Broken or dilapidated fences, walls or other structures.

      (2)   Out of use or non-usable appliances, dilapidated automobile parts.

      (3)   Rugs, rags, or other materials hung on lines or in other places on the premises, which materials are not being used for general household or housekeeping purposes; broken, dilapidated or unusable furniture, mattresses, or other household furnishings; plastic materials, paints, miscellaneous coverings, and/or any other materials, including those described in this section of the chapter, placed at or on the premises in such manner as to be patently unsightly, grotesque or offensive to the senses.

   (G)   Accessory or open buildings. All accessory or open buildings such as sheds, barns, garages, and the like, shall either be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises.

(Ord. 0-1847-01, passed 12-17-01; Am Ord. O-1896-02, passed 8-19-02) Penalty, see § 154.999

   (A)   The floor area per dwelling erected on any lot shall not be less than the following dimensions:

      (1)   For a one-story plan, 1,500 square feet.

      (2)   For a one and one-half story floor plan, 1,200 square feet on the first floor and 600 square feet on the one-half story floor.

      (3)   For a two story floor plan, 1,000 square feet on each floor.

      (4)   For a two and one-half story floor plan, 1,000 square feet, on the first floor, 1,000 on the second floor and 500 on the one-half floor.

   (B)   In determining floor areas, only the area used for living quarters shall be counted. Garages, carports, porches, heater-rooms and basements, if less than 50% of its clear height is above the level of the adjacent ground, are to be excluded.

(Ord. 0-1847-01, passed 12-17-01)