(a)   Apartment, institutional, and industrial buildings may exceed the maximum height specified in each district where such buildings may be permitted, provided the required front, side and rear yards are increased by two feet for each foot of additional building height above the maximum specified in such district, except that no building shall exceed a maximum height of 60 feet without prior approval of the Board of Zoning Appeals.

   (b)   The height regulations prescribed in this code shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos and similar structures, elevator bulkheads, smokestacks, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.

(Ord. 1584. Passed 9-17-07.)

   (a)   No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition, as follows:

      (1)   Fire hazards. Any activity involving the use of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of such materials.

      (2)   Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or cause electrical disturbance adversely affecting the operation at any point of any equipment or appliance other than that of the creator of such disturbance.

      (3)   Noise. Noise which is objectionable, as determined by the Board of Zoning Appeals, due to volume, frequency or beat, shall be muffled or otherwise controlled, except during construction operations. Sirens and related apparatus used solely for public purposes are exempt from this requirement.

      (4)   Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

      (5)   Smoke. Smoke shall be controlled as much as economically possible as determined by the Board in accordance with Ohio Environmental Protection Agency standards.

      (6)   Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

      (7)   Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause soiling.

      (8)   Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street, road or highway.

      (9)   Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

      (10)   Water pollution. Pollution of water shall be subject to the requirements, regulations and standards established by the Ohio Environmental Protection Agency.

   (b)   Enforcement Provisions.

      (1)   Submission of statements and plans. The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a Zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.

      (2)   Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y., the Manufacturing Chemists' Association, Inc., Washington D.C., and the United States Bureau of Mines.

      (3)   All legal nonconforming uses existing on the effective date of this Zoning Code shall conform to this section within one year, provided that an extension of up to six months may be granted by the Board if the owner or operator of the use can demonstrate that compliance would create an unreasonable hardship.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)

   The following uses are expressly prohibited within any zoning district:

   (a)   Kennels;

   (b)   Automobile wrecking and junk yards; and

   (c)   Mobile homes, except in a trailer park licensed by the State or used for a temporary purpose not to exceed 12 months.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)

   (a)   In residential districts, lots having frontage on more than one street shall require that the front yard be along the major traveled street and shall also meet the front yard setback requirement on the other street.

   (b)   Lots in nonresidential districts having frontage on more than one street shall provide the required front yard along the major traveled street and meet two thirds of the front yard setback requirements on the other street.

(Ord. 1584. Passed 9-17-07.)

   Along any State highway, Federal highway, or street, other than in a B-1 area, no building or accessory building shall be located within 60 feet of the existing right-of-way of such highway or any proposed right-of-way line on the municipalities thoroughfare plan, except that in an “R” District, if a then-existing residential structure in an “R” District, within 100 feet on the same side of the street is closer, the setback line so established by the adjacent residential structure shall control. Where there is no officially established public right-of-way for a road open to the public, all buildings shall be set back at least 80 feet from the centerline of the traveled roadway.

(Ord. 1584. Passed 9-17-07.)

   The following specified business and Industrial buildings shall not be located nor conducted closer to any lot line of an “R” District than the distance specified in the following schedule.

 

   (a)   Open structures such as porches, canopies, balconies, platforms, carports, and covered patios, and similar architectural projections shall be considered a part of the building to which attached and shall not project into the required minimum front, side, or rear yard.

   (b)   Any structure may project into the required front yard if existing structures on both adjacent lots in the same district have less than the required minimum front yard. However, such projection shall extend not closer to the street than the most conforming of the adjacent structures.

   (c)   Architectural features of residential buildings, such as window sills, cornices and roof overhangs, may project into the required yard, provided such projection is not more than four feet and does not reach closer than four feet to any lot line. No roof overhang shall extend over an adjoining property except as permitted in Section 1157.09 (Marquees and Overhangs in B Districts).

(Ord. 1584. Passed 9-17-07.)

   Except as permitted by other provisions of this Zoning Code, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts, for at least 50 feet, on a street, and there shall be not more than one single-family dwelling for such frontage.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)

   In any district, on any corner lot, no fence, structure or planting shall be erected or maintained within 30 feet of the corner at a height between two and one-half and ten feet above curb or street grade or so as to interfere with traffic visibility across the corner. “Corner,” for the purpose of the preceding sentence, shall mean the point of intersection of the nearest boundaries of the traveled portion of the adjacent streets extended to meet each other at right angles.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)

   Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically to the middle of such vacated public way, depending on the side or sides to which such lands revert, to include the right- of-way thus vacated, which vacated right-of-way shall thenceforth be subject to all regulations for the extended district.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)