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Mount Vernon City Zoning Code

CHAPTER 1108

Accessory and Temporary Uses

1108.01 ACCESSORY USES AND STRUCTURES.

   (a)   Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses while not creating adverse impacts on surrounding lands.
   (b)   General Provisions.
      (1)   An accessory use or structure shall be secondary and incidental to the primary use of the lot and shall not alter the character of the principal use.
      (2)   Accessory uses and structures shall be constructed on the same lot as the principal use that it serves.
      (3)   No accessory structure shall be constructed on any lot until the construction of the principal structure has commenced.
      (4)   Small accessory structures such as doghouses, mailboxes, lending libraries, benches, garden decorations, bee hives, barbeque equipment, or other similar structures as determined by the ZEO that are not otherwise addressed in this chapter, shall be exempt from the provisions of this section provided they do not have a footprint that exceeds twenty-four (24) square feet and shall not exceed six feet in height.
      (5)   An accessory building that is attached to the principal building (e.g., attached garage or attached accessory dwelling unit) shall be considered an integral part of the principal building and shall comply with the site development standards, and all other development standards, of the applicable zoning district. Any accessory building shall be considered as an integral part of the principal building if it is connected to the principal building either by common walls or is separated by a breezeway or roof where the separation distance is less than ten (10) feet.
      (6)   The accessory use regulations of this chapter shall not apply to any public park lands owned by the City, Knox County, or the State of Ohio.
      (7)   Unless otherwise specifically stated, accessory uses shall be set back a minimum of five feet from the side and rear lot lines.
   (c)   Prohibited Structures for Accessory Uses.
      (1)   Unless approved as a temporary use pursuant to this code, accessory structures that are constructed with fabric, canvas, tarpaulin, or other similar materials shall be prohibited. Inflatable garages or storage structures shall also be prohibited. This shall not apply to accessory structures that are constructed of permanent framing but have screening to enclose the structure (e.g., screened in porches).
      (2)   Portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any residential zoning district or the NC, CB, GB, OB, or PI zoning districts. Temporary storage in portable storage units is permitted in accordance with Section 1108.02.
   (d)   Accessory Uses in the Planned Developments.
      (1)   The types of accessory uses allowed in a PD shall be considered as part of the PD review. Generally:
         A.   Accessory uses for single-family residential dwellings shall be those allowed in the R-1 District.
         B.   Accessory uses for multi-family residential dwellings shall be those allowed in the R-3 District.
         C.   Accessory uses for commercial uses shall be those allowed in the GB District.
         D.   Accessory uses for industrial uses shall be those allowed in the LI District.
      (2)   The MPC and City Council may approve alternative accessory uses and structures within a PD if allowed as part of the PD approval process.
   (e)   Permitted Accessory Uses. The following is an explanation of Table 1108-1.
      (1)   The symbols for permitted uses (P), permitted uses with standards (PS) and conditional uses (C) are defined in the same manner as Section 1105.03(c).
      (2)   A blank cell indicates that a use is prohibited in the respective zoning district.
      (3)   Yards Permitted. This column identifies within which yards the use may be permitted. See the use-specific standards for any restrictions related to placement in individual yards.
      (4)   Zoning Permit Approval Required. A "Yes" in the "Zoning Permit Approval Required" column shall mean that the applicable accessory structure or use requires a zoning permit in order to be established.
      (5)   Use-Specific Standards. The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the listed accessory use or structure. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
      (6)   Similar Use Determination and Unlisted Uses. The determination of whether a proposed accessory use or structure is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section shall be made in the same manner as principal uses. See Section 1105.03(e).
TABLE 1108-1: ACCESSORY USES AND STRUCTURES
P = Permitted Use PS = Permitted Use with Standards C = Conditional Use XX = Prohibited Use
Accessory Use or Structure
RR, ER, R-1, R-1A, R-2, R-3 and R-4
NC, CB, GB, OB, LI, GI, and PI
Zoning
Permit
Approval
Required
Yards
Permitted
F = Front
S = Side
R = Rear
Use-Specific
Standards
in Section:
Accessibility Ramps
PS
PS
Yes
F, S or R
1108.01(g)(1)
Amateur Radio Antennas
PS
PS
Yes
R
1108.01(g)(2)
Community Gardens
PS
Yes
F, S or R
1108.01(g)(3)
Day Care
PS
PS
Yes
Interior Use
Detached Accessory Buildings including Accessory Dwelling Units
PS
PS
Yes
S or R
1108.01(g)(5)
Drive-Through Facilities and Pick-Up Windows
PS or C
Yes
F, S or R
1108.01(g)(6)
Home Occupations
PS or C
PS or C
See Section
(g)(7)
Primarily
Interior Use
1108.01(g)(7)
Outdoor Dining
PS or C
Yes
F, S or R
1108.01(g)(8)
Outdoor Display, Storage, and Sales
PS
Yes
F, S or R
Outdoor Drop-Off Boxes
PS
PS
Yes
S or R
1108.01(g)(10)
Patios, Porches and Decks
PS
PS
See Section 1108.01(g)(11)
Playsets, Treehouses and Trampolines
PS
See Section 1108.01(g)(12)
Rain Barrel Systems
PS
PS
See Section 1108.01(g)(13)
Raising of Livestock
PS
No
R
1108.01(g)(14)
Recreational Courts
PS
PS
R
1108.01(g)(15)
Retail Commercial Uses
PS
Yes
Interior Use
1108.01(g)(16)
Satellite Dishes
PS
PS or C
See Section 1108.01(g)(17)
Solar Panels
PS
PS
See Section 1108.01(g)(18)
Swimming Pools, Wading Pools, and Hot Tubs
PS
PS
Yes
S or R
1108.01(g)(19)
   (f)   Accessory Uses in the R-MH District.
      (1)   Each mobile home pad or lot in an R-MH District may have any of the following accessory uses provided they comply with the use-specific standards of Section 1108.01(g):
         A.   Accessibility ramps;
         B.   Amateur radio antenna;
         C.   One detached accessory building with a maximum size of 240 square feet that complies with Section 1108.01(g)(5);
         D.   Type B family day care homes (See Section 1108.01(g)(4).);
         E.   Home occupations;
         F.   Patios, porches, and decks;
         G.   Playsets, treehouses and trampolines;
         H.   Rain barrel systems;
         I.   Satellite dishes; and
         J.   Hot tubs.
      (2)   Each mobile home park in an R-MH District may have one accessory building that does not exceed 1,500 square feet that can serve as a community center, leasing office, or other use that serves the mobile home park.
      (3)   Each mobile home park in an R-MH District may also have any of the following provided they comply with the use-specific standards of Section 1108.01(g):
         A.   A community garden;
         B.   A community swimming pool; and
         C.   Recreational courts.
   (g)   Use-Specific Standards for Accessory Uses and Structures. The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of Section 1108.01(b).
      (1)   Accessibility Ramps.
         A.   Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public sidewalk, right-of-way, or street.
         B.   Such ramps shall be an open structure, without a roof. Accessibility ramps that have roofs shall be subject to the setbacks applicable to the principal building.
      (2)   Amateur Radio Towers and Antenna.
         A.   No more than one (1) amateur radio tower and/or antenna shall be permitted on each lot.
         B.   Such tower shall not exceed sixty-five (65) feet in height or the maximum height of the applicable zoning district, whichever is greater. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.
         C.   Antennas and guy wire anchors shall not overhang or otherwise be located within required accessory structure setbacks or on adjacent lots.
         D.   Antennas that are attached to a building or other permitted structure shall not have a height that exceeds ten (10) feet above the height of the building or permitted structure.
         E.   When an amateur radio tower and antenna is no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer or property ownership or lease to an individual without an FCC license.
         F.   Amateur radio towers and antennas that do not comply with the provisions of this section shall require a conditional use approval (See Section 1103.06.). The application for a conditional use approval for amateur radio towers and antennas must demonstrate that compliance with the provisions of this section would prevent the amateur radio operator from exercising the rights granted to them by the FCC or the State of Ohio by license or law. If the MPC determines that expertise beyond that of City staff is necessary to determine compliance with this criterion, then the applicant shall reimburse the City for any expenses necessary for hiring a third-party consultant to make this determination.
      (3)   Community Gardens.
         A.   Community gardens may be allowed as an accessory use when associated with a public or institutional principal use (e.g., religious institution or educational facility).
         B.   Community gardens may be allowed as an accessory use to a residential community center of a PD if the space is maintained by a property owners' association.
         C.   Community gardens shall be subject to the same standards as community gardens in Section 1105.04(k).
      (4)   Day Care.
         A.   Type B family day care homes are permitted when accessory to any single-family dwelling unit, regardless of the applicable zoning district.
         B.   Day care facilities (e.g., day care centers and nursery schools) that do not qualify as Type B family day care homes and that are licensed by the State of Ohio are permitted in residential zoning districts when accessory to a permitted nonresidential use. Such facilities may also be permitted as an accessory use to any principal use in a nonresidential zoning district.
         C.   The facilities shall be located within the interior of the principal building but outdoor play areas are allowed as part of the accessory use but such play areas shall be in the side or rear yards only.
      (5)   Detached Accessory Buildings. The following detached accessory building regulations shall apply to buildings in residential zoning districts. Detached accessory buildings in nonresidential are permitted provided they meet the setback requirements for principal buildings in the applicable zoning district and are located in a rear yard.
         A.   Detached accessory buildings in residential districts include detached garages and carports, detached accessory dwelling units, detached yard or storage barns, gazebos, pergolas, and other similar buildings, as determined by the ZEO.
         B.   Detached garages and carports shall be served by a driveway.
         C.   Detached accessory buildings shall include accessory structures that are enclosed, regardless of the materials used for enclosure including, but not limited to, screen porches, hoop houses, and greenhouses.
         D.   Each lot may have up to two (2) detached accessory buildings. Only one (1) detached accessory building on any lot may exceed 240 square feet.
         E.   The floor area of any single accessory building shall not exceed the floor area of the principal building's footprint.
         F.   In no instance shall the combined total floor area of all principal buildings and detached accessory buildings, as measured by the outside boundary of the buildings' footprints, exceed the lot coverage established in Section 1105.05(g).
         G.   The maximum height of a detached accessory building shall not exceed the height of the principal building. A taller accessory building may be permitted if approved as a conditional use.
         H.   Accessory buildings shall be set back a minimum of five (5) feet from side and rear lot lines. In the R-1A District, where detached accessory buildings on lots along the same block face have narrower setbacks from the side or rear lot lines, a new detached accessory building on a lot may be set back an average of the setbacks for accessory buildings along the same block face.
         I.   Detached accessory dwelling units shall comply with the following:
            i.   There shall be a maximum of one (1) accessory dwelling unit on a lot.
            ii.   The minimum floor area of an accessory dwelling unit shall be 220 square feet.
            iii.   No additional parking shall be required.
         J.   Detached accessory buildings shall be constructed of traditional building materials and not scrap materials, untreated wood, or other similar materials not commonly found on principal buildings, as determined by the ZEO.
      (6)   Drive-Through Facilities and Pick-Up Windows.
         A.   The following standards shall apply to businesses that contain a drive-through facility regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine).
            i.   Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential dwelling unit.
            ii.   All drive-through areas, including but not limited to drive-through signs, waiting lanes, trash receptacles, audio equipment, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent practicable, and shall not cross, interfere with, or impede any public right-of-way.
            iii.   Drive-through facilities shall be required to include vehicle stacking spaces as established in 1112.07.
         B.   The following standards shall apply to pick-up windows where there is no vehicular access to the window.
            i.   Pick-up windows are a permitted accessory use in connection with any restaurant, microbrewery, microdistillery, microwinery, pharmacy, or similar uses as determined by the ZEO. Such use will require a zoning permit.
            ii.   Pick-up windows, and other objects associated with the pick-up window, shall not cross, interfere with, or impede any public right-of-way.
         C.   Drive-through facilities and pick-up windows may only be allowed in the CB District when approved as a conditional use and when accessory to a restaurant, financial institution, or other use where the majority of services are provided to customers indoors (e.g., no stand-alone ATMs, coffee kiosks with no seating, etc.).
      (7)   Home Occupations. The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by this section.
         A.   General Standards.
            i.   Home occupations shall not be defined to include remote office work where a person is undertaking basic office work within the home, but the primary business operations are outside of the dwelling.
            ii.   Home occupations are permitted as accessory uses in nonresidential districts if they are accessory to a permitted residential dwelling unit. Such home occupations shall be subject to the provisions of this section.
            iii.   The home occupation shall be clearly secondary to the full-time use of the property as a residence.
            iv.   Permitted home occupations shall not create an adverse effect on the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties. The residential building shall not be altered in any manner that is intended to change the residential appearance of the dwelling to a building with a commercial appearance. There shall be no separate entrance created solely for the home occupation.
            v.   The sale of goods or services shall be limited to:
               a)   Products that are produced or processed on the premises; or,
               b)   The sale of goods as part of a mail order, online business, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.) where there is no stock-in-trade on the site.
            vi.   No equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot.
            vii.   Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
            viii.   Only residents of the dwelling shall operate the home occupation unless the resident and home occupation owner obtain a conditional use approval.
            ix.   The operator of a home occupation in a rental unit shall be able to demonstrate that the property owner has authorized the use of the unit for a home occupation.
            x.   There shall be a maximum of two (2) home occupations permitted on any lot.
            xi.   Home occupations are permitted to take place within the principal dwelling unit or a detached accessory building.
            xii.   No more than twenty-five percent (25%) or 500 square feet of the conditioned floor area (i.e., improved with heating and ventilation) of the dwelling unit shall be devoted to such home occupations.
            xiii.   There shall be no signs other than the wall signs allowed on a dwelling in Section 1113.02(g).
            xiv.   No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses. No additional driveways shall be established for the use of the home occupation.
            xv.   Traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood.
            xvi.   There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
            xvii.   When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the ZEO and the permit revoked in accordance with Section 1103.08(h).
         B.   Prohibited Home Occupations. The following are business activities that are prohibited as home occupations:
            i.   Animal hospitals and boarding facilities;
            ii.   Automotive and other vehicle repair and service, except when such repair or service is on vehicles owned or leased by the occupant of the dwelling units.
            iii.   Construction, landscaping, or similar contractor facilities and storage (an office-only use is allowed in compliance with the above section) and other outdoor storage;
            iv.   Fitness/health facilities that provide group activities or services;
            v.   Medical clinics, laboratories, or doctor's offices;
            vi.   Parking on, or dispatching from the site, any vehicle used in conjunction with the home occupation (e.g., landscaping services, taxi services, construction, etc.) with the exception of a vehicle owned and operated by the home owner or tenant;
            vii.   Uses that require explosives or highly combustible or toxic materials;
            viii.   Welding and machine shop operations;
            ix.   Wood cutting businesses; or
            x.   Other similar uses as determined by the ZEO.
         C.   Home Occupations Permitted with a Zoning Permit Approval. The following home occupations are examples of those that may be allowed with a zoning permit provided they comply with this code:
            i.   Handcrafts as well as arts and craft work including, but not limited to baking, ceramics, soap making, candy or snack making, jewelry making, pottery, painting, photography, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, and sculpting;
            ii.   Businesses that are office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, realtor, consultant, counselor, insurance agent, planner, tutor, or writer provided no clients meet at the dwelling;
            iii.   Other similar uses as determined by the ZEO.
         D.   Home Occupations Permitted with a Conditional Permit. The following home occupations are examples of those that may be allowed with a conditional use approval provided they comply with this code:
            i.   Any home occupation that provides services where members of the public visit or enter the premises if designed to accommodate one customer at a time and which meets all other applicable requirements for home occupations including, but not limited to, fitness/health training, beauty parlors, barber shops, animal grooming (no overnight boarding), or licensed massage or physical therapy;
            ii.   Home occupations of a type otherwise allowed by these regulations that employ people who do not reside within the home;
            iii.   Mail order, online businesses, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.); and
            iv.   Other similar uses as determined by the ZEO.
      (8)   Outdoor Dining.
         A.   Outdoor dining areas shall be located either along a sidewalk adjacent to the principal building to which the outdoor dining is connected, or between the principal building and an adjacent parking area.
         B.   Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the dining area and the principal building.
         C.   Outdoor dining areas shall not be located within ten (10) feet of a fire hydrant, fire department standpipe connection, fire escape, bus stop, loading zone, mailboxes, or traffic signal stanchions.
         D.   If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.
         E.   Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall only be authorized if approved as a conditional use.
         F.   If the outdoor dining area is located on a sidewalk, the area shall be designed so there is a minimum of five (5) feet of clearance adjacent to the dining area to allow for safe pedestrian circulation. Furniture or elements of the outdoor dining shall also not block any areas of ingress or egress from the principal building.
         G.   Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.
         H.   Enclosing outdoor dining areas, either by a permanent roof or by expanding the existing structure, shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a new zoning permit approval.
         I.   Where an outdoor dining area is located in a right-of-way, the permittee shall hold harmless, indemnify, and defend the City of Mount Vernon from and against any and all injuries, deaths, losses, damages (consequential and otherwise), claims, suits, liabilities, judgments, costs and expenses, and reasonable attorneys' fees, which may in any way arise out of or be connected with such outdoor dining, and which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees. The applicant shall be required to sign an indemnification statement on the application for a zoning permit approval.
         J.   The City shall have the right and power, acting through the ZEO to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
         K.   Outdoor dining areas that are located on an elevated deck or on a rooftop are not subject to these standards except for Section 1108.01(g)(8)E related to outdoor entertainment.
      (9)   Outdoor Displays, Sales, or Storage.
         A.   Permanent areas for outdoor displays, sales, or storage shall be identified on plans submitted as part of a zoning permit application.
         B.   Temporary sales and storage are regulated in Section 1108.02.
         C.   Such uses shall not be placed within the street right-of-way or in a location which will interfere with the vision clearance requirements. Such uses shall not be placed within or across interior drives unless designed in a manner that will not interfere with traffic circulation or emergency vehicle access.
         D.   Outdoor displays, sales, and storage shall be related to the principal use of the site and shall clearly be accessory and incidental to the principal use. Outdoor displays, sales and storage shall be prohibited when the principal building is vacant.
         E.   Outdoor displays, sales, and storage areas shall not cover an area more than twenty percent (20%) of the lot area.
         F.   Outdoor displays, sales, and storage areas may be permitted in the front yard provided that the merchandise is displayed along a private sidewalk or walkway adjacent to the building.
         G.   Outdoor displays, sales, and storage areas may also be permitted in the side or rear yard without being located adjacent to the building. In all cases, the displays and sales areas shall be spaced a sufficient distance from the building, as dictated by the Fire Department, to satisfy all fire safety requirements.
         H.   The placement of the merchandise, signage, or other operations (such as queuing, loading, etc.) shall not interfere with vehicular movement or pedestrian movement on any sidewalk or walkway. A minimum of five (5) feet of the sidewalk or walkway, or more if required by ADA, shall be clear of merchandise to allow for safe pedestrian movement.
         I.   All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
         J.   The outdoor display, sales, and storage areas shall be maintained in good order and appearance.
      (10)   Outdoor Drop-Off-Boxes.
         A.   No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location which will interfere with required intersection visibility requirements in Section 1109.01.
         B.   The facility or equipment shall be maintained in good operating order and appearance.
         C.   Outdoor drop-off boxes shall only be permitted in the nonresidential zoning districts. They may be permitted in residential districts only when accessory to a permitted nonresidential use.
         D.   The container shall be emptied at least once every week. Containers that result in the overflow of donated goods shall be declared a nuisance and shall be removed immediately upon notification by the ZEO at the expense of the property owner or business owner.
         E.   Drop-off boxes shall include the name and contact information of the person who owns or maintains the box.
         F.   Up to two (2) drop-off boxes are permitted on any lot.
         G.   The City shall have the authority to place more than one(1) drop-off box on a single lot when providing recycling services to the general public.
      (11)   Patios, Porches, and Decks.
         A.   The establishment or expansion of a patio, porch, or deck shall require an approved zoning permit.
         B.   Patios without a roof, building, or structure are permitted in any yard. Where a building or structure is placed on a patio, such building or structure may only be located in the yards where those buildings or structures are permitted.
         C.   The edge of any patio shall be set back a minimum of five (5) feet from any lot line.
         D.   Patios in the front yard shall not cover more than fifty percent (50%) of the front yard and shall not allow for vehicular parking.
         E.   Decks and porches that are attached to the principal or accessory building shall comply with the minimum setback requirements for principal buildings in the applicable zoning district, whether enclosed or not. Detached decks shall be set back a minimum of five (5) feet from the rear and side lot lines.
         F.   Patios, decks, and porches may have built-in grills, kitchen areas, or living areas but such activities shall be permitted in the rear yard only provided such use complies with any applicable building code requirements.
         G.   Patios, decks, and porches may have seating in any yard in which the patio, deck, or porch is permitted and located.
         H.   Rooftop decks in nonresidential districts shall be regulated as part of the principal building.
      (12)   Playsets, Treehouses, and Trampolines.
         A.   If a playset or treehouse has more than 100 square feet of enclosed play area, the use shall require a zoning permit and shall be reviewed in the same manner as a "detached accessory building." As such, any playset or treehouse that has more than 100 square feet of enclosed play area shall also count toward the maximum floor area and lot coverage standards in this code. Such area shall be measured by the smallest square or rectangle around the bottom of the playset or treehouse.
         B.   Treehouses, trampolines, enclosed play areas, and permanent playsets shall be located in the side or rear yard only.
      (13)   Rain Barrel Systems. The installation and use of a rain barrel system shall be subject to the following development and design standards:
         A.   For the purposes of this section, a rain barrel system shall include any container that is designed and used to collect rainwater from a collecting structure (e.g., any house, garage, building, or canopy from which rainwater is diverted for collection in the rain barrel).
         B.   Rain barrel systems are permitted in any zoning district except in the CB District.
         C.   Rain barrel systems do not require a zoning permit provided they comply with this section.
         D.   The maximum size of any individual rain barrel container shall not exceed sixty-five (65) gallons in any residential zoning district or 100 gallons in any nonresidential zoning district.
         E.   A rain barrel shall not extend more thirty-six (36) inches from the building face of the primary or accessory structure that serves as the collection structure.
         F.   Rain barrels shall be placed on the ground or on a structure provided the top of a rain barrel shall not exceed six (6) feet in height above the grade underneath the rain barrel.
         G.   Rain barrels shall be properly maintained so as to minimize mosquito breeding or infestations.
         H.   A rain barrel may be located in any yard subject to the following standards:
            i.   Front Yard Standards. The following standards apply to rain barrels placed in the front yard of a lot:
               a)   No more than two (2) rain barrels shall be placed in any front yard.
               b)   Corner lots maintaining two (2) front yards shall contain no more than two (2) rain barrels total for both front yard areas.
               c)   Any rain barrel proposed to be located in a front yard shall only be permitted if approved as a conditional use where the MPC shall take into consideration adequate controls for placement and screening.
            ii.   Side Yard Standards. The following standards apply to rain barrels placed in the side yard of a lot:
               a)   No more than two (2) rain barrels shall be placed in any side yard.
               b)   Rain barrels located in any side yard shall be screened from view from a public street utilizing solid screening. The solid screening may include screening through by placement behind an architectural feature of the building (e.g., wing wall or building offset) or through the use of an approved opaque fence, wall, hedge, or other form of landscaping. The ZEO shall have the authority to approve the screening.
            iii.   Rear Yard Standards. The following standards apply to rain barrels placed in the rear yard of a lot:
               a)   The number of rain barrels located in a rear yard shall be unlimited.
               b)   Rain barrels located in any rear yard shall be screened from view from a public street utilizing solid screening. The solid screening may include screening through by placement behind an architectural feature of the building (e.g., wing wall or building offset) or through the use of an approved opaque fence, wall, hedge, or other form of landscaping. The ZEO shall have the authority to approve the screening.
      (14)   Raising of Livestock.
         A.   Property owners are permitted to raise and keep livestock as an accessory use to any single-family dwelling in accordance with the provisions of this section.
         B.   Small livestock shall be considered to be chickens, rabbits, or other similarly small livestock as determined by the ZEO.
 
TABLE 1108-2: LIVESTOCK ALLOWANCES AS AN ACCESSORY USE
Livestock Size
Minimum Lot Area
Less than Two Acres
Two Acres or Larger
Small Livestock
6 animals
6 animals per acre
Large Livestock
None
1 animal per three acres
         C.   The housing enclosure for all livestock shall be of a size sufficient for the number and types of animals to be maintained on the lot.
         D.   There shall be an outdoor area that is appropriately fenced to prevent the animals from leaving the lot;
         E.   Housing enclosures and fenced outdoor areas shall be located in the rear yard only.
         F.   In all residential districts except the RR District, the housing enclosure and fenced outdoor areas for large livestock shall be set back a minimum of 100 feet from the nearest lot line that contains a residential use.
         G.   The housing enclosure and fenced outdoor areas for small livestock shall be set back a minimum of five (5) feet from the nearest lot line that contains a residential use.
         H.   All animal feed shall be kept in a predator-proof/rodent- proof container.
         I.   Waste material must be disposed of in a manner that will not cause odor, or attract flies or vermin.
         J.   All areas where livestock animals are kept shall be maintained to be neat and clean and free of undue accumulation of waste such as to prevent odors detectable on adjacent property.
         K.   The owner or occupant of the lot where livestock animals are maintained shall ensure that their animals are cared for properly when ill, and disposed of in a manner that does not endanger the public health and safety if the animals die.
         L.   The slaughtering of animals is prohibited on the lot except for the personal use of the owner.
      (15)   Recreational Courts. Outdoor tennis courts, basketball courts, and courts for other sports, including pickleball and racquetball, that are accessory to a residential or nonresidential use shall comply with the following requirements:
         A.   Recreational courts that exceed 900 square feet shall only be permitted on lots with a minimum lot area of one (1) acre. Any court that is 900 square feet or less may be permitted on any lot size provided it complies with all other applicable provisions of this code.
         B.   The court shall be set back a minimum of five feet from all lot lines.
         C.   All fencing shall be subject to the fence regulations in Section 1109.03 except that fencing that surrounds a tennis or recreational court may exceed the maximum fence height of this code provided that the fencing is located adjacent to the edge of the court.
         D.   Any lighting for the court shall not exceed twenty (20) feet in height and shall be directed downward and only illuminate the court. All outdoor lighting shall comply with Section 1109.02.
      (16)   Retail Commercial Uses.
         A.   Retail commercial uses are permitted in the LI and GI Districts provided:
            i.   The uses are located completely within a principal building of a nonresidential use;
            ii.   The retail commercial use shall be for the sale of goods and products manufactured on site.
            iii.   The total floor area of retail commercial uses as an accessory use shall not exceed fifteen percent (15%) of the total gross floor area of the principal building.
         B.   Retail commercial uses are permitted as an accessory use to nonresidential uses in all zoning districts provided:
            i.   The uses are located completely within a principal building of a nonresidential use;
            ii.   The retail commercial uses provide goods and services to the patrons or visitors of the principal use and is not open to the general public. Examples of such uses include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, and personal services.
            iii.   The total floor area of retail commercial uses as an accessory use shall not exceed fifteen percent (15%) of the total gross floor area of the principal building.
      (17)   Satellite Dishes.
         A.   Satellite dishes of one meter in diameter or less shall be exempt from the provisions of this section and shall not require a zoning permit approval.
         B.   To the maximum extent feasible, the dish should be located in the side or rear yard.
         C.   Mounting brackets shall be removed whenever a satellite dish is removed.
         D.   Satellite dishes larger than one meter in diameter may be permitted as an accessory use to a permitted principal use if approved by the MPC as a conditional use in any nonresidential zoning district. A zoning permit shall be required if the conditional use is permitted. Such dishes shall be set back ten (10) feet from all lot lines.
      (18)   Solar Panels.
         A.   Freestanding solar panels shall be limited to a maximum height of ten (10) feet. Such freestanding solar panels shall be located in the rear yard where they shall be set back a minimum of five (5) feet from all lot lines and shall not cover more than 200 square feet in lot area.
         B.   Roof-mounted solar panels on the front side of a roof facing a street shall be flush-mounted to the roof.
         C.   Roof-mounted solar panels that do not face a street may be mounted flush or at an angle to the roof but shall not exceed thirty-six (36) inches in height from the roof plane as measured from the roof plane to the furthest point of the solar panel.
         D.   Freestanding solar panels shall require a zoning permit. Roof-mounted solar panels or tiles shall not require a zoning permit.
      (19)   Swimming Pools, Wading Pools, and Hot Tubs.
         A.   No person shall locate, construct, install, alter, use, operate, repair, or maintain any outdoor swimming pool, wading pool, or hot tub except in compliance with the provisions of this section.
         B.   Indoor swimming pools, wading pools, and hot tubs shall not be subject to the provisions of this code.
         C.   Temporary or inflatable swimming pools that do not have a pump and that are disassembled and removed during the winter are permitted without a zoning permit but shall comply with the standards of this section.
         D.   Private wading pools that have a depth of less than twelve (12) inches that are also portable or are temporary are exempt from the provisions of this code.
         E.   Outdoor swimming pools or wading pools shall be enclosed by a fence or other boundary enclosure not less than forty-two (42) inches in height, measured from the ground level, so constructed and of such strength that children under the age of seven (7) years are unable to pass through.
         F.   The fence or enclosure may surround the pool area or any portion of the yard that contains the pool or hot tub.
         G.   Access gates into such enclosures shall be self-closing and have a self-latching device. The fence/enclosure shall be equipped with at least one such access gate.
         H.   Where an above-ground pool structure has walls of a minimum height of forty-two (42) inches and is used as a barrier/enclosure or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access.
         I.   A swimming pool or wading pool may be exempt from the requirements of this chapter if by reason of the physical construction of the pool, adjacent topographic features, surrounding plantings or other unique features limit access to the swimming pool or wading pool and there are appurtenances there to and installed thereon which further limit the accessibility of the swimming pool or wading pool, including, but not limited to, the removal of a ladder and where these additional appurtenances are in effect at any and all times that the swimming pool or wading pool is not attended by a person of not less than fourteen (14) years of age.
         J.   Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties unless otherwise allowed by city ordinance.
         K.   Hot tubs shall be covered with a lid or cover sufficient to keep out small children and animals when the tub is not in use.
         L.   All pool equipment and pumps shall be set back a minimum of five (5) feet from all lot lines. Patios that surround a pool shall comply with the setbacks for patios in this code.
         M.   Nothing in this section shall operate in any manner to impose additional liability or expand the liability of the City, and it is the expressed intention of City Council to restrict any and all liability.
            (Ord. 2024-032. Passed 7-22-24.)

1108.02 TEMPORARY USES AND STRUCTURES.

   (a)   Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses or structures do not negatively affect adjacent properties, and provided that such uses or structures are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
   (b)   General Standards for Temporary Uses and Structures. Temporary uses or structures shall:
      (1)   Not be detrimental to property or improvements in the surrounding area or to the public health, safety, convenience, comfort, prosperity or general welfare;
      (2)   Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
      (3)   Not include permanent alterations to the site;
      (4)   Not violate the applicable conditions of approval that apply to a site or use on the site;
      (5)   Not interfere with the normal operations of any permanent use located on the property; and
      (6)   Contain sufficient land area to allow the temporary use or structure to occur, as well as adequate land to accommodate the parking and traffic movement.
   (c)   Permitted Temporary Uses and Structures.
      (1)   Construction Structures. Temporary structures for construction operations are permitted in any district without a zoning permit in compliance with the following:
         A.   On an individual lot with a residential dwelling, only dumpsters or portable storage structures are permitted for thirty (30) days.
         B.   For construction of multiple dwelling units in subdivisions, multi-family developments, or new buildings in nonresidential districts, the use of such structures shall be limited to offices, storage, and dumpsters. Such structures shall be permitted to be located on site from the start of construction until the completion of construction. Each structure shall be setback a minimum of ten (10) feet from any adjacent lot line.
         C.   No construction structure shall be placed in the right-of-way, on an easement, or in special flood hazard area or other location that will obstruct drainage flow unless otherwise allowed in accordance with Section 357.04 of the Codified Ordinances.
         D.   The structure shall not block or prevent access to any fire hydrant.
      (2)   Temporary Sales Office and Model Homes. If a temporary sales office/model home is to be located in a subdivision or multi-family residential development, its location shall be indicated on the subdivision plats or zoning permit application, as applicable. The following provisions shall be met:
         A.   One (1) temporary real estate sales office or model dwelling unit per builder or developer shall be permitted in a section or phase of a new residential subdivision or in any one multi-family residential development.
         B.   The dwelling shall comply with all of the applicable standards of this code for the final residential use regardless of the temporary use as a sales or leasing office;
         C.   The sales office/model homes shall be operated by a developer, builder, or sales agent active in the same phase or section where the use is located.
         D.   The sales office/model home shall be converted into a permanent residential use upon completion of construction and issuance of the permit for the last dwelling or no longer than two years, whichever comes first.
      (3)   Temporary Sales. Temporary retail sales activities, including any related temporary structures, tents and stands, may be permitted in any NC, CB, GB, OB, LI, and GI district under the following provisions:
         A.   Said temporary sales activities shall not be located within a required yard or public right-of-way except for sidewalk sales as established in this subsection.
         B.   Sidewalk sales on public sidewalks is permitted provided that the width and placement of the sales shall be such so that there shall be a minimum width of four (4) feet of clear and passable sidewalk or walkway for pedestrians. Sidewalk sales are only permitted during the business operational hours and all goods must be removed during the hours the business is closed.
         C.   The activities shall be located on a paved surface in an area that does not interfere with traffic circulation, intersection visibility, or emergency vehicle access.
         D.   Temporary sales on unpaved landscaped areas are prohibited.
         E.   No temporary retail activity or related temporary structure shall occupy more than twenty-five percent (25%) of any paved vehicular use area.
            (Ord. 2024-032. Passed 7-22-24.)