(A)   Prohibition. No land, building, or structure in any District shall be used or occupied in any manner in violation of the use district within which they are located, or create any dangerous, injurious, unsightly, hazardous, noxious, unhealthy, noisy, malodorous, or otherwise objectionable element or condition which is detrimental to the health, safety, comfort, or welfare of the neighboring area or the inhabitants of the village.

   (B)   Abatement. Such uses of lands, buildings, or structures in the manner aforesaid are hereby declared to be a public nuisance per se and may be abated by order of any court of competent jurisdiction.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Village Planning Commission review and approval; topographical plan.

      (1)   Applications for development requiring Village Planning Commission review and approval shall include for review and approval a topographical plan indicating proposed control practices that will reduce pollutants from storm water runoff, both during development activity and upon completion. See § 178.047 Site Plans Review.

      (2)   The topographical plan may be reviewed by the Planning Commission staff, County Engineer and Village Administrator concurrently with review and approval of the application for site plan approval and is a condition of approval prior to the issuance of permits.

   (B)   Approved plans. When a topographical plan has been approved for a site or parcel, no further submittal or approval of a topographical plan for the same development activity on the same site or parcel shall be required.

   (C)   Enforcement. The Village Administrator, Hancock County Engineer, Planning Commission Staff and the Northwest Water and Sewer District has the authority to ensure erosion, sedimentation, and storm water management controls which have been installed and maintained according to the approved plan.

(Ord. O-2019-24, passed 9-9-2019)

   The objectives and requirements of storm water discharge control are found in Chapter 931 of the Streets, Utilities and Public Services Code.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Delineation. The presence of a wetland, and delineation of its boundaries, shall ordinarily be determined by the applicant through the performance of a field survey in accordance with the procedures set forth in the currently used 1987 Wetland Delineation Manual of the U.S. Army Corps of Engineers. Actual site conditions may demonstrate the presence of a wetland, not shown on the maps, which may require the applicant to comply with Chapter 404 of the Federal Clean Water Act.

   (B)   Applicant assumes compliance. The village shall assume no liability for the failure of an applicant to comply with Chapter 404 of the Federal Clean Water Act or other applicable laws.

(Ord. O-2019-24, passed 9-9-2019)

   This section reserved for future use. (All currently available properties about state highways for ingress / egress ODOT will determine / recommend new ingress / egress for properties that will be developed that have other available ingress / egress avenues.)

(Ord. O-2019-24, passed 9-9-2019)

   Gas and oil wells and attendant storage areas permitted by this zoning code shall be located a minimum of 200 feet from any property or right-of-way line. The site shall be maintained in good condition, and structures shall harmonize, insofar as possible, with the character of the structures in the district in which they are located.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Uses. An existing structure, building, job trailer, or land may be used for a purpose which does not conform to this zoning code such as tent meetings, circuses, tent sales, temporary storage, and the like.

   (B)   Duration. A period not to exceed two weeks in any calendar year.

   (C)   Permit required. Permits for such temporary uses may be issued for a one week period and must be renewed for their continued uses.

   (D)   Conditions for issuing permit. Such permits shall be issued only if the Village Administrator determines:

      (1)   Non-Injurious. That such use will not injure or annoy neighboring property owners or users.

      (2)   Temporary. That such uses will be discontinued and all equipment or property in connection therewith removed immediately upon the expiration of the permit.

(Ord. O-2019-24, passed 9-9-2019)

   Soil shredding, batch plants, logging, and other resource preparation or harvesting shall be permitted per the following:

   (A)   Site.

      (1)   On site. Processing must occur on the construction site.

      (2)   Original to site. Only materials original to the site may be processed.

   (B)   Duration. The length of processing time shall be the duration of the project unless the Planning Commission sets a shorter time period. In no instance shall the processing continue for more than two years without approval from the Planning Commission and Village Council.

(Ord. O-2019-24, passed 9-9-2019)

   In all districts, entranceway structures including, but not limited to: walls, columns and gates marking entrance to single-family subdivisions or multiple family housing projects may be permitted and may be located in a required yard, except as provided in § 178.190 Corner Vision Clearance Standards. Upon receiving an application for constructing an entranceway structure, the Village Administrator shall issue a permit if the proposed structure complies with all applicable standards and regulations. New accesses require Planning Commission review and Village Council final approval. Accesses proposed onto county or township roads must also adhere to the Hancock County Access Management Regulations. Access proposed onto state highway must also adhere to ODOT access management plan/regulations.

(Ord. O-2019-24, passed 9-9-2019)

   No lot of record shall be created for use by this zoning code unless it expressly provides for and is in conformance with the requirements set forth in the Village of McComb's Subdivision Rules and Procedures.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Triangular clear area. A triangular clear area shall be maintained at every corner of an intersection free from any kind of obstruction to vision above the heights of two feet above the established street grade. This includes fencing and landscaping.

   (B)   Sight triangle leg lengths. Street-street intersections: Sight triangle leg lengths shall be 25 feet measured from the projected intersection of the right-of-way lines.

   (C)   Structures. No primary or accessory structures, fences or signs are allowed to be placed or to project into the vision clearance triangle.

   (D)   Landscaping. Ground cover, annuals, perennials, and similar vegetation may be planted within the vision clearance triangle when the plants do not exceed three feet in height at maturity. Maintaining these heights of vegetation shall be the responsibility of the owner.

(Ord. O-2019-24, passed 9-9-2019)

   Private pools shall be permitted as an accessory use in the rear yard only, in all districts except Business or Industrial Districts.

   (A)   General.

      (1)   Front yard prohibition. No swimming pool shall be located less than the required front yard setback from any front lot line.

      (2)   Setbacks. There shall be a minimum distance of not less than five feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall.

      (3)   Temporary pools. Inflatable/standing side pools are considered temporary. As such these pools are exempt from the zoning code. A removable ladder is required.

   (B)   In-ground swimming pools.

      (1)   Fencing. Access to all in-ground pools shall be restricted on all sides by an approved fence. The minimum height requirements for fences vary by type of pool and are as follows:

         (a)   Family pool - Three feet-six inches tall (42 inches).

         (b)   Private/public pools - Depth no less than six feet.

      (2)   Access. Access to all swimming pools shall be through a controlled gate or other structure. The height of the gate shall match the requirement for the fencing. All gates shall be of a self-close type with a latch not readily available to children, which is able to be securely locked.

   (C)   Above ground pools with permanent/rigid walls. Above ground pools are exempt from fencing requirements but not the access requirement. See division (B)(2) above of this section.

      Example 1: an above ground pool has a deck next to it with stairs leading up to the top. The stairs must be secured via a gate that is self-closing and latching.

      Example 2: an above ground pool has a ladder to get into the pool. The ladder must be removed when not in use.

   (D)   Approved fence required. An approved fence shall be constructed so that horizontal members are on the pool side of the enclosure and vertical members are not more than three and one-half inches apart. A building or existing wall may be used as part of such enclosure; however, all gates or door openings shall meet the requirements set forth in this section.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Permit required for:

      (1)   Demolition of a primary or secondary structure;

      (2)   Demolition of any structure with a foundation.

   (B)   Conditions for permit issuance:

      (1)   Occupancy permit is revoked for the property;

      (2)   No remaining accessory structure is permitted to be used for any purpose if the primary structure has been demolished or lost due to a natural catastrophe. A demolition permit must be obtained within one year unless a zoning permit is issued for a new primary structure in that same time period.

   (C)   Shut off of all utilities shall be coordinated with appropriate agency.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Junkyards in operation; fence required. No junkyard shall be operated or maintained adjacent to any improved public street or avenue of the village, or adjacent to any dwelling house occupied as such, until there is constructed and maintained a building or a tight board fence not less than eight feet in height, or other approved fence, between such street or avenue or such dwelling house, and that portion of the yard on which junk and refuse is stored or kept.

   (B)   Requirements for new junkyards.

      (1)   No junkyard shall be created or erected within 100 feet of any street or avenue in the village or within 200 feet of any dwelling occupied as such without obtaining the written consent of the owner of such neighboring dwelling. In the event such written consent is obtained, there shall be constructed and maintained a building or a tight board fence not less than eight feet high between the property line of such consenting owner and the space in the open area of which junk and refuse is stored or proposed to be stored.

      (2)   The building or fence as provided in this section and in R.C. § 753.02 shall be kept in good repair, and (if wood) shall be painted and kept painted in accordance with regulations of the Village Administrator.

   (C)   Junkyard license; application; fee.

      (1)   No junkyard shall be erected, created, maintained or operated in the village without having obtained a license.

      (2)   Each applicant for such license shall file with the Village Administrator a statement, verified by oath, giving the location of his place of business, the area in square feet to be occupied by the business, and the nature of the business, including a statement that he intends to comply with all the requirements of R.C. §§ 753.01 to 753.05 and shall annually thereafter, 30 days preceding the expiration of his license, file a like statement verified by oath.

      (3)   The fee to be paid annually for such license shall be set by Village Council based on the following:

         (a)   An amount for the first 10,000 square feet;

         (b)   Incremental amount for each additional 10,000 square feet, or fraction thereof.

      (4)   All licenses shall be valid for one year from the date of issuance and shall not be renewed until the annual statement required herein has been made, and it has been shown to the satisfaction of the Mayor that the applicant has complied with all of the regulations and stipulations contained in this section.

   (D)   Clean and sanitary condition. All junkyards operated and maintained in the village shall be kept in a clean and sanitary condition, and shall be subject at all times to the supervision and orders of the Village Administrator and Hancock County Board of Health, and smoke or offensive odors shall not be permitted or allowed to escape in such manner or in such quantities as to cause or have a natural tendency to cause injury, detriment or annoyance to any person or to the public, or to endanger the comfort, repose, health or safety of any person or the public, or in such manner as to cause or have the natural tendency to cause injury or detriment to business or property.

   (E)   Violations. Whoever violates any provision of this section is guilty of a misdemeanor of the third degree. Each day's violation shall constitute a separate offense. See §§ 178.260 through 178.268 and 178.999.

(Ord. O-2019-24, passed 9-9-2019)

   The Village Administrator shall refer any proposed use which is likely to violate performance requirements to the Planning Commission for review. The Planning Commission, prior to the issuance of a zoning certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements, including drainage, are to be controlled so as to conform with performance requirements herein set forth. See §§ 178.260 through 178.268 and 178.999.

(Ord. O-2019-24, passed 9-9-2019)

   A violation of any provision of this subchapter shall be deemed a violation of this zoning code and subject the violator to enforcement and penalty set forth in §§ 178.260 through 178.268 and 178.999.

(Ord. O-2019-24, passed 9-9-2019)