In addition to all yard regulations specified in Chapters 1242 through 1288 and in other sections of this Zoning Code, the provisions of this chapter shall be used for interpretation, clarification and further regulation.

(Ord. 2712. Passed 8-1-78; Ord. 6625. Passed 1-17-17.)

   On a corner lot, the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.

(Ord. 2712. Passed 8-1-78; Ord. 6625. Passed 1-17-17.)

   On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such manner as to materially impede vision between a height of two and a half and ten feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.

(Ord. 2712. Passed 8-1-78; Ord. 6625. Passed 1-17-17.)

   (a)   Definitions. For the purpose of this section the following terms shall have the definitions as described below.

      (1)   "Fence" means either a perimeter fence or an accent fence.

      (2)   "Accent fence" means structures erected other than on lot lines or in close proximity to lot lines which have solely an ornamental purpose, and which do not serve the purpose of enclosing or partially enclosing.

      (3)   "Perimeter fence" means any structure composed of wood, iron, steel, stone, brick, hedge or other material, including shrubbery, erected in such a manner and position as to enclose or partially enclose any premises or part of any premises or separating premises from adjoining premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such a position as to enclose any premises or part of any premises shall be included within the definition of the word fence.

      (4)   "Fence height" means the distance from the base of a fence to the top of the tallest point of a support post or pier measured from the grade immediately adjacent to the fence. The height of a fence does not include customary decorative elements such as post caps, finials, and similar items so long as these items are eight inches or less in height.

      (5)   "Front yard" means the area of a lot located between the wall of a structure and the public right-of-way running the entire length of the lot along such public right-of-way.

      (6)   "Rear yard" means the area of a lot not defined as a front, side, through front, or corner side yard.

      (7)   "Side yard" means the area of a lot located between the wall of a structure facing a public right-of-way and the wall of the structure opposite that wall and extending from the edge of the structure to the property line.

      (8)   "Corner side yard" means the side yard as described above of a property on a corner lot where the side yard is adjacent to the frontage of the lot with the longest length. The Zoning Inspector may designate either side yard of a corner lot as the "corner side yard" in cases where the "corner side yard" is not functionally the rear yard of the property.

      (9)   "Through front yard" means the front yard as described above of a residentially zoned or used property on a through lot where the functional rear yard of the property fronts a public street. The "through front yard" is located a distance equal to 50% of the required front yard setback from the front property line. Through front yards are only present on through lots with no rear yard, as described above.

      (10)   "Yard types illustration." The following graphic is intended to illustrate the different yard types as defined above.

      (1)   Class 1: Masonry walls. Free standing structures made of brick, stone, block or similar masonry materials meant to enclose or accent an area. For the purposes of this section, a masonry wall does not include a retaining wall or any wall of a building.

      (2)   Class 2: Ornamental iron, wood/vinyl pickets, wood split rail or similar style of fence (more than 50% open).

      (3)   Class 3: Chain link or similar woven wire, excluding chicken wire (more than 50% open).

      (4)   Class 4: Wood or other materials (less than 50% open).

      (5)   Class 5: Barbed wire or similar security fencing.

      (6)   Class 6: Hedges.

      (1)   A site plan showing the actual shape and dimensions of the lot on which such fence is to be constructed; showing the exact location, height, and length of the proposed perimeter fence, and showing the location of all structures located on the lot.

      (2)   A drawing or specification sheet showing the design, and construction materials of the proposed fence or wall.

      (3)   A fence permit fee in the amount specified in Chapter 214 of the Administration Code.

      (1)   Perimeter fences are permitted to be constructed on property lines and if not on the property line, a minimum setback of two feet from the property line or other greater required distance to allow for maintenance of the fence and yard area falling outside the fenced area shall be provided. This standard is meant to ensure that a minimum gap of two feet is provided between parallel-running fences on adjoining properties for the purpose of allowing the maintenance of the land between the two fences. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the Development Department and the fence does not encroach on another lot or parcel of land. The issuance of the permit by the City shall not be construed as to mean the City has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her to determine the location of property lines. 

      (2)   Fences may be located within easement areas, provided proper permission has been granted from the utility provider for which the easement has been dedicated.

      (1)   Fences within any Residential (R-1, R-2, R-3, R-4), Office Residential (OR-1), or Office Service (OS-1) Zoning District shall conform to the following requirements:

         A.   Section 1289.04(f) applies to all fences.

         B.   Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height.

         C.   Front yard adjacent to corner side yard (R-3 zoning district only). Perimeter Class 2 fence is permitted. The fence shall be no taller than 48 inches and setback a minimum of four feet from the property line.

         D.   Side yard. Class 1, 2, 3 and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches with the exception of Class 1 fences which are limited to 32 inches in height.

         E.   Corner side yard. Class 1, 2, 3, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of six feet with the exception of Class 1 fences which are limited to 32 inches in height.

            1.   No perimeter fence shall be installed further forward than the front wall of the structure on the corner side yard. Accent fences may be installed between the structure and the right-of-way on a corner side provided any such fence in accordance with division (e)(1)B. above.

            2.   Landscaping is required for any Class 4 fence or any fence taller than 48 inches that is facing a public right-of-way. The landscaping shall be planted within six feet of the fence and be located on the right-of-way side of the fence. The landscaping shall consist of at least one shrub, tree or similar plant material every four feet on center running the entire length of the portion of fencing that faces the public right-of-way. The plant materials shall be of a variety that, at maturity, has a height of not less than 48 inches and a spread of not less than 24 inches. The plant material shall be at least two feet tall at the time of planting. The intent of the landscaping is to obscure or soften the view of the fence from the right-of-way.

            3.   When the corner side yard abuts a residentially zoned or used property no perimeter fence greater than 48 inches in height can be erected further forward than the abutting property's front yard or the front setback line if the abutting property is undeveloped.

         F.   Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet. Any fence located adjacent to an alley shall maintain a three foot setback from the property line adjacent to such alley.

         G.   Through front yard. Class 2 and 6 perimeter and accent fences are permitted with a maximum height of 60 inches. When located in a through front yard, Class 2 fences are permitted to be as low as 25% open. Class 1 fences are permitted only as accent fences and are limited to 36 inches in height.

            1.   No perimeter fence in a through front yard is permitted to be erected further forward than the abutting property's front yard if the abutting property is developed or the front setback line of the abutting property is undeveloped.

            2.   For any fence in a through front yard exceeding 48 inches in height, landscaping is required to be planted on the side of the fence facing the public right-of-way that meets or exceeds the standards of Section 1289.04(e)(1)E.2.

      (2)   Fences within any Agricultural (A) or Agricultural Residential (AR) Zoning District shall conform to the following requirements:

         A.   Section 1289.04(f) applies to all fences.

         B.   Front yard. No perimeter fence is permitted on lots less than two acres in size. For lots greater than two acres in size, a split rail style perimeter fence may be installed provided it is no taller than 54 inches. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height.

         C.   Side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         D.   Corner side yard. Class 1, 2, 3, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of six feet with the exception of Class 1 fences which are limited to 36 inches in height.

            1.   On a lot less than two acres in size, landscaping is required for any Class 4 fence or any fence taller than 48 inches that is facing a public right-of-way. The landscaping shall be planted within six feet of the fence and be located on the right-of-way side of the fence. The landscaping shall consist of at least one shrub, tree or similar plant material every four feet on center running the entire length of the portion of fencing that faces the public right-of-way. The plant materials shall be of a variety that, at maturity, has a height of not less than 48 inches and a spread of not less than 24 inches. The plant material shall be at least two feet tall at the time of planting. The intent of the landscaping is to obscure or soften the view of the fence from the right-of-way.

            2.   On a lot when the corner side yard abuts a residentially zoned or used property no perimeter fence greater than 48 inches in height can be erected further forward than the abutting properties front yard, or the front setback line if the abutting property is undeveloped.

         E.   Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet. Any fence located adjacent to an alley shall maintain a three-foot setback from the property line adjacent to such alley.

      (3)   Fences within any Commercial (CSD-1, NB-1, GB-1, or HS-1) Zoning District shall conform to the following requirements:

         A.   Section 1289.04(f) applies to all fences.

         B.   Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height. The Planning Commission may allow Class 1 and 2 perimeter fencing along the edges of parking lots in areas with high pedestrian activity and along the perimeter of outdoor eating areas.

         C.   Side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         D.   Corner side yard. Class 1, 2, 3, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         E.   Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet.

      (4)   Fences within the Downtown Commercial (CBD-1) Zoning District shall conform to the following requirements:

         A.   Section 1289.04(f) applies to all fences.

         B.   Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height. The Planning Commission may allow Class 1 and 2 perimeter fencing along the edges of parking lots in areas with high pedestrian activity and along the perimeter of outdoor eating areas.

         C.   Side yard. Class 1, 2, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         D.   Corner side yard. Class 1, 2, 4, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         E.   Rear yard. Class 1, 2, 4, and 6 fences are permitted with a maximum height of six feet.

      (5)   Fences in any Industrial (RO-1, I-1, I-2) Zoning District shall conform to the following requirements:

         A.   Section 1289.04(f) applies to all fences.

         B.   Front yard. No perimeter fence is permitted. Class 1 and 2 fences are permitted as accent fences provided they are no taller than 42 inches in height.

         C.   Side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         D.   Corner side yard. Class 1, 2, 3, and 6 perimeter fences and accent fences are permitted with a maximum height of 48 inches.

         E.   Rear yard. Class 1, 2, 3, 4, and 6 fences are permitted with a maximum height of six feet. Class 5 fences are permitted and shall be no taller than eight feet with any barbed wire, razor wire, or similar elements being at least six feet above ground level.

   In situations where an application is filed with the Board of Zoning Appeals for a variance to allow for a fence in a front yard, the Board can consider the neighborhood context, the age of the structure, or the historic significance of the property to determine if a variance can be granted.

      (1)   All permitted fences shall be uniformly constructed in a workmanlike manner of any commonly used fence or wall materials, such as: masonry, wood, chain link, wrought iron, vinyl or aluminum.

      (2)   All fences shall be constructed with the smooth, finished side of the fence facing outward toward the neighboring property and all vertical or horizontal support posts facing inside the property.

      (3)   The bottom of all fences shall be kept six inches above drainage swales or watercourses.

      (4)   Fences that are painted or stained shall be painted or stained one continuous color and shall be maintained free of peeling or flaking paint.

      (5)   If a new fence is being constructed in the same location as an existing fence, the existing fence shall be removed in its entirety. This provision is meant to prevent a situation where a double fence row exists on an individual property.

      (6)   No fence shall be erected where it prevents or unreasonably obstructs the use of adjacent property, nor shall a fence be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the Zoning Inspector may require a fence to be set back a minimum distance of not more than two feet from a driveway or property line in order to provide for the safe passage of pedestrians, bicyclists or vehicular traffic or other safety related concerns.

      (7)   All Class 1 fences where permitted by this section shall be subject to site plan review by the Planning Commission as outlined in Chapter 1294.

      (8)   Any Class 2 fence shall be permitted to have wire mesh installed on the interior side of the fence for a height of up to 36 inches. Such wire mesh, or similar material shall have openings at least one square inch in size, shall be factory coated with vinyl or a similar material and shall be a dark color such as black, green, or brown.

      (9)   All Class 3 fences shall be factory coated with vinyl or a similar material and shall be a dark color such as black, green, or brown. Uncoated or raw exposed metal is prohibited.

      (10)   Prohibited materials: The following materials shall not be used for any fence or wall:

         A.   Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence;

         B.   Corrugated and galvanized steel or metal sheets;

         C.   Plywood, pallets, particle board, paper, visqueen plastic, plastic tarp, or similar material;

         D.   Wire farm-style fencing outside of A and AR Districts; and

         E.   Any other material deemed inappropriate by the Development Department.

      (1)   All fences shall be constructed and maintained straight, plumb, structurally sound and of an even height along its length, except such deviations as required by grade.

         Such fences shall not be allowed to become or remain in a condition of disrepair including noticeable leaning or missing sections, broken supports or nonuniform height.

      (2)   Missing boards, pickets or posts shall be replaced with material of the same type, color and quality.

      (3)   Vegetation adjacent to the fence must be maintained cut and trimmed as appropriate. Any grounds between such fences and property lines shall be maintained at all times and kept free from growing or noxious vegetation.

      (4)   Any landscaping required by this section shall be maintained in good, healthy condition at all times. Any dead, dying, or diseased plant material shall be replaced within three months of its removal.

(Ord. 2712. Passed 8-1-78; Ord. 6183. Passed 6-1-10; Ord. 6333. Passed 7-16-12; Ord. 6625. Passed 1-17-17; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20; Ord. 6966. Passed 6-21-22; Ord. 6983. Passed 11-15-22.)

   Swimming pools and hot tubs are permitted subject to the following conditions:

   (a)   Permits. All applicable zoning, building and electrical permits shall be obtained prior to installation of a swimming pool or hot tub.

   (b)   Location. Swimming pools and hot tubs shall be located at least ten feet from any property line, measured from the edge of the water line (any surrounding walkways or decks shall be considered accessory structures and must be located at least five feet from all property lines), and be located in the rear yard of the property. However, on a corner lot a swimming pool or hot tub may be erected to the rear of the principal building in a corner side yard, provided that all other setbacks are met.

   (d)   Electrical Lines. Prior to the installation of a pool or hot tub located near electrical lines, the property owner is encouraged to obtain approval for the proposed location of the pool or hot tub from DP&L or the applicable utility provider through a site survey of the property. At a minimum, swimming pools and hot tubs shall not be located underneath or within ten feet of any overhanging electrical power lines or within five feet of underground utility lines. If such lines are located within said distance of the proposed swimming pool or hot tub, such lines must be buried or relocated prior to the installation of the pool or hot tub.

(Ord. 6625. Passed 1-17-17; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2- 20; Ord. 6983. Passed 11-15-22.)

   (a)   Multifamily Provisions.

      (1)   Multifamily dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements.

      (2)   The entire group as a unit shall require one front, one rear, and two side yards, as specified for dwellings in the appropriate district as though it were on an individual lot.

(Ord. 2712. Passed 8-1-78.)

   (b)   Average Depth of Front Yards. In Residential Zoning Districts, where the average depth of at least two existing front yards on lots within 100 feet of a lot in question and within the same block, is less or greater than the least front yard depth prescribed elsewhere in this chapter, the required depth of the front yard on such lot shall be modified. In such a case, the depth of the front yard shall not be less than the average depth of existing front yards, or, in the case of a corner lot, the depth of the front yard immediately adjoining.

   When this provision is utilized within neighborhoods where front porches commonly project into the required front yard setback, any new homes constructed on lots in these areas shall include a similar front porch structure as the lots in the immediate vicinity of the lot in question and with a similar setback.

(Ord. 6625. Passed 1-17-17.)

   (a)   General Requirements. All accessory structures shall be required to meet the following requirements:

      (1)   Permits. No accessory structure shall be constructed or erected without a building permit from the City.

      (2)   Permit submittal requirements. The applicant shall present the following information when applying for a building permit to erect or construct an accessory structure:

         A.   Any documentation (permit or license) which is required by any Federal, State or local agency for the erection and use of such a structure.

         B.   A site plan drawn to scale, depicting the size (floor area and height) and location of existing and proposed structures on the property and the distance the subject accessory structure will be located from existing structures and property lines.

         C.   Pertinent architectural details of the accessory structure, including construction materials and colors.

      (3)   An accessory structure shall be constructed or established on a parcel when there is a principal building or use being constructed or already established on the same parcel of land.

      (4)   Accessory buildings constructed primarily of canvas, plastic, fabric or any other non-permanent building materials shall be prohibited.

      (5)   Shipping containers, boxcars and other similar container shall not be used as accessory structures in any residential or commercial zoning district.

(Ord 6333. Passed 8-21-12; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

   (c)   Accessory Structures in Business and Industrial Districts.

      (1)   Such structures shall be incidental, subordinate and commonly associated with the primary use and structures on the associated lot.

      (2)   Such structures shall be operated and maintained under the same ownership as the primary structure.

      (3)   Such structures associated with a special use establishment shall be reviewed using the site plan review process, as outlined in Chapter 1294 of the Miamisburg Zoning Ordinance. (Ord. 6333. Passed 8-21-12.)

   (d)   Satellite Dish Type Antennas in Residential Districts. In addition to the general requirements set forth in subsection (a) hereof, all dish type antennas shall be subject to the following requirements:

      (1)   Any dish antenna having a diameter of one meter (39.37") or less shall be exempt from these regulations. (Ord. 6333. Passed 8-21-12.)

      (2)   Any dish antenna having a diameter greater than one meter (39.37") shall require a building permit.

         A.   The cost of said permit shall be provided for in Chapter 214 of the Administration Code.

         B.   The permit application shall include a copy of the site plan or property survey with dimensions indicating the location of the satellite dish on the property, the overall height of the dish and its support structure.

      (3)   Location. No dish-type antenna shall be permitted in any yard other than the rear-yard. However, on a corner lot an accessory building may be erected to the rear of the principal building in a corner side yard, provided that all other setbacks are met.

      (4)   A roof or pole-mounted satellite dish or antenna shall not be visible from any adjacent public right-of-way other than public alleys.

      (5)   Satellite dishes, antenna, or other similar devices may be installed in front of a building only when no other means of reception can be provided. In such cases where the proposed location of the device in front of a building is visible from an adjacent public right-of-way, the owner or tenant of the property shall provide adequate screening of the device through the use of appropriate landscaping, fencing or architectural building features.

      (6)   Setbacks. A minimum five foot setback shall be maintained from all property lines. This distance shall be measured horizontally from and perpendicular to that part of the structure nearest the property line.

      (7)   Height. After installation, such dish-type antennas shall not exceed a height of 12 feet, measured vertically from the ground level grade to the highest point on the unit.

      (8)   No such dish type antenna shall be affixed to any roof.

      (9)   No such dish type antenna shall be linked physically or electronically to a receiving unit which is not located on the same lot, premises or parcel of land.

      (10)   No more than one dish type antenna will be permitted on any one lot.

      (11)   Such a structure may not be used for advertising purposes.

      (12)   Screening surrounding the unit must be provided by plantings of evergreens or other shrubs of a height not less than four feet and spaced at intervals of four feet.

   (e)   Requirements for Placement of Temporary Storage Units in Residential Districts.

      (1)   Temporary storage units shall be placed on the driveway or parking area or, if access exists, at the edge or rear of the lot when a minimum setback of five feet from the side lot line and ten feet from the rear lot line can be maintained. Required parking spaces shall be maintained and available at all times when a temporary storage unit is placed in a parking area.

      (2)   There shall be no more than one temporary storage unit located on a residential property at any time.

      (3)   A temporary storage unit shall be located on a residential property for a maximum period of 30 calendar days, including the dates of delivery and removal. An extension of time may be granted by the Zoning Inspector, subject to conditions, in an amount not to exceed an additional 30 calendar days.

      (4)   A temporary storage unit shall be placed on asphalt, concrete or similar impervious-surface.

      (5)   The maximum allowable size of temporary storage unit shall be ten feet wide, 20 feet long and ten feet high.

      (6)   The property owner shall be responsible for ensuring that the temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other similar condition, while the unit is on the property.

      (7)   No temporary storage unit shall be used to store solid waste, business inventory, commercial goods, illegal or hazardous materials, or goods for property other than those associated with the residential property where the unit is located.

      (8)   All temporary storage units shall be registered with the Development Department prior to placement on any residential lot. Registration requirements are as follows:

         A.   Prior to or within 24 hours of the initial delivery of the unit, the property owner shall register the placement of the unit with the Department of Development.

         B.   The registration shall contain the name of the applicant to whom the temporary storage unit is supplied, the address where the unit will be placed, delivery date, a site plan showing the proposed location and placement of the unit, and name and contact information of the unit provider. The registration shall also include the date of delivery of the storage unit and the estimated date or removal. (Ord. 6333. Passed 8-21-12.)

(Ord. 6625. Passed 1-17-17.)

   Certain architectural elements are allowed to encroach forward into required yards and setbacks. These elements are considered projections. Table 1289.08-1 below assembles regulations regarding projections for residential uses and Table 1289.08-2 below assembles regulations regarding projections for non-residential uses.

   (a)   Measurements. All projection distances are measured horizontally, perpendicular from the façade to the outermost portion of the projection, including steps and landings. Up to two feet of overhang may be exempt from the projection measurement.

   (b)    Distance from Property Lines for Residential Projections. No projection permitted in Table 1289.08-1 below shall project closer than six feet from any side lot line, 20 feet from any front lot line or 30 feet from any rear lot line. No residential projection is permitted to extend closer than ten feet toward any other adjacent structure.

   (c)   Distance from Property Lines for Non-Residential Projections. No projection permitted in Table 1289.08-2 below shall project closer than the required minimum setback when the required yard adjoins a residential use. No non-residential projection is permitted to extend closer than ten feet from any adjacent structure or property line.

   (d)   Residential Projections. The table below depicts the projections and their permitted projection distance into certain required yards for residential structures and uses.

   Maximum Projection Distance Into…