The purpose of this chapter is to set specific conditions for various uses, certain conditional uses and/or areas where problems are frequently encountered.

(Ord. 83-12. Passed 5-2-83.)

   No residence shall be converted to accommodate an increased number of dwelling units, unless:

   (a)   The yard dimensions still meet the yard dimensions required by the Zoning Code for new structures in the district;

   (b)   The lot area per family equals the lot area requirements for new structures in the district;

   (c)   The floor area per dwelling unit is not reduced to less than that which is required for new construction in the district; and

   (d)   The conversion is in compliance with all other relevant codes and ordinances.

(Ord. 82-38. Passed 9-20-82.)

   (a)   As used in this section, “private swimming pool” means any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet.

   (b)   No such swimming pool shall be allowed in a Residential District except as an accessory use and unless it complies with the following conditions:

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

      (2)   The pool shall not be located closer than ten feet to a property line. Such distance shall be measured from the water line. Accessory structures shall maintain the minimum side yard required. Walks or paved areas adjacent to the pool shall be considered as patios.

(Ord. 82-38. Passed 9-20-82.)

      (3)   A swimming pool shall not be located underneath or in close proximity to an overhanging electric power line.

      (4)   Fencing of swimming pools. A swimming pool, or the entire rear yard of the premises on which it is located, shall be walled or fenced to prevent uncontrolled access from the street, any right-of-way, or from adjacent properties. The required fence shall be a minimum of five feet in height and maintained in good condition with a self-locking gate. The maximum clearance of the fence from the ground shall not exceed four inches at any point.

      (5)   The pool is exempted from the provisions of this Zoning Code with regard to the requirement that building area be a certain percent of lot area, except that an above-ground pool shall not exceed 50% of the rear yard area. The pool area shall be measured from the water line at the maximum fill level.

      (6)   In the case of an above-ground swimming pool, the sides of the pool can serve as all or part of the fence height requirement, as long as any ladder or other device for scaling the fence to the swimming pool is blocked or removed to a position not allowing easy access to the swimming pool.

      (7)   Portable swimming pools 18 inches or less in depth or with a diameter less than 12 feet shall be exempt from the above fencing and permit requirements.

      (8)   Natural ponds, lakes, or streams shall not be considered swimming pools under this provision.

(Ord. 82-38. Passed 9-20-82; Ord. 04-58. Passed 11-1-04.)

   A community or club swimming pool is permitted in any district, but such pool shall comply with the following conditions and requirements:

   (a)   The pool is intended solely for the enjoyment of the members, and the families and guests thereof, of the association or club under whose ownership or jurisdiction the pool is operated.

   (b)   The pool and accessory structures thereto, including the areas used by the bathers, shall be not closer than fifty feet to a property line.

   (c)   The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. Such fence or wall shall be not less than six feet in height and maintained in good condition.

(Ord. 82-38. Passed 9-20-82.)

      (1)   A fence, wall, hedge, or other vegetation shall be permitted to a height not exceeding eight feet above the ground level, except no such fence, wall, hedge, or other vegetation which is located within a required front or corner side yard shall exceed a height of two and one-half feet, and shall be subject to traffic visibility requirements of Section 1280.05(c).

      (2)   All fence posts and structural supports shall be located on the side of the fence facing the interior of the property, with the finished side of the fence facing the adjacent property.

(Ord. 10-58. Passed 1-3-11.)

(Ord. 82-38. Passed 9-20-82.)

   No antenna or tower may be constructed or located within five feet of a property line or in such a manner as to provide less than ten foot clearance when rotated 360 degrees from a line or cable carrying electricity.

(Ord. 82-38. Passed 9-20-82.)

   No land or building in any zoning district shall be used or occupied in any manner which creates dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures are taken and safeguards made to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements set forth in Sections 1280.08 through 1280.18.

(C)rd. 82-38. Passed 9-20-82.)

   Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. Chemical storage is prohibited in any Residential District and/or in conjunction with any residential use in any other district, except in the case of an agricultural use.

(Ord. 82-38. Passed 9-20-82.)

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

(Ord. 82-38. Passed 9-20-82.)

   No noise from any operation conducted on the premises, either continuous or intermittent, shall violate the provisions of the Ohio Environmental Protection Agency.

(Ord. 82-38. Passed 9-20-82.)

   No vibration is permitted which is discernible, without instruments, on any adjoining lot or property.

(Ord. 82-38. Passed 9-20-82.)

   No pollution of air by fly ash, dust, vapors, odors, smoke or other substances is permitted which is harmful to health or vegetation or other property, or which can cause excessive soiling.

(Ord. 82-38. Passed 9-20-82.)

   No direct or reflected glare is permitted which is visible from any property outside an Industrial District or from any street.

(Ord. 82-38. Passed 9-20-82.)

   No erosion, by either wind or water, is permitted which will carry objectionable substances onto neighboring properties.

(Ord. 82-38. Passed 9-20-82.)

   Water pollution is subject to the requirements and regulations established by the Ohio Environmental Protection Agency.

(Ord. 82-38. Passed 9-20-82.)

   The land surrounding a permitted use shall be landscaped, except for paved areas such as walkways, accessways, play areas and necessary parking and service areas, and each apartment house or nonresidential use shall make such other suitable screen provision as is necessary to safeguard the character of an adjacent residential area or development. All planting, fences, walls or similar structures used for screening shall be installed in such a manner as to maintain the intent of the yard areas and shall be in harmony with the general architectural design of the principal building on the lot.

(Ord. 82-38. Passed 9-20-82.)

   Where a buffer area is required, such buffer area shall comply with Section 1240.05(11) and the following additional requirements:

   (a)   A plan shall be submitted for each required buffer area indicating the location, dimension and arrangement of all provisions made for planting, screening, fences and walls.

   (b)   A buffer area shall be used for no purpose other than planting, screening, lawns, trees and/or appropriate walls or fences. A wall or fence provided in conjunction with a required buffer area shall be screened or constructed in such a manner that it will not conflict with the character of the abutting district. A wall or fence constructed as a buffer shall be maintained permanently in a state of good repair by the property owner, and any planting or trees shall be maintained permanently in a healthy state by the property owner.

   (c)   Each buffer area shall be located in the district in which the use which required the buffer is located, and it may be included in any required front, side or rear yard area.

   (d)   All accessways through a required buffer area shall be governed by Section 1280.18(c). (Ord. 82-38. Passed 9-20-82.)

   In order to minimize traffic congestion and hazard, to control street access in the interest of public safety and to encourage the appropriate development of street frontage:

   (a)   No parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly on a public street, and each such area shall be separated from the street by a raised curb, planting strip, wall or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways. Such a lot shall be designed so as not to require vehicles to back out onto the street, and the capacity of the lot shall be sufficient to provide adequate storage area and distribution facilities to prevent back-up of vehicles on the street while awaiting entry to the lot.

   (b)   No separate use, planned business center or similar grouping of buildings shall have more than two accessways to any one public street for each 300 feet of frontage and, where practical, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street. No such accessway shall be less than twenty feet or more than thirty feet in width, and the location of any accessway or driveway to a public street shall be in accordance with the regulations of the Department of Public Service and the Department of Public Safety and shall be subject to review by such Departments.

   (c)   In the case of a required buffer area, not more than one entrance and one exit shall be permitted from a lot to each street on which the lot abuts, except that an additional entrance and exit through a buffer area may be permitted when authorized as a special exception.

   (d)   In the case of a shopping center, a group of apartment houses or a similar grouping of buildings constructed as part of an integrated plan, and in any other case in which it is practical:

      (1)   All parking, loading or service areas used by motor vehicles shall be located entirely within the lot line of the property.

      (2)   All buildings shall front upon a marginal street, service road, common parking lot or similar area and not directly upon a public street.

      (3)   All accessways to a public street shall be located not less than 100 feet from the intersection of any street line.

      (4)   All streets and accessways shall be designed in a manner conducive to safe exit and entrance and shall conform to the street specifications and Subdivision Regulations of the Municipality.

   (e)   In any case where a shopping center or a limited industrial, professional or apartment development abuts a State highway, a traffic survey therefor shall be previously approved by the Director of the Ohio Department of Transportation. All streets in the vicinity of the development shall be adequate to serve probable increases in traffic volume, and adequate deceleration lanes and similar facilities shall be provided where desirable.

   (f)   All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated.

   (g)   All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance in any adjacent district, and all such lighting shall be arranged so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind .

   (h)   The location of off-street parking, loading or service areas shall be as provided for in Chapter 1292.

(Ord. 82-38. Passed 9-20-82.)

   The following regulations apply in Business and I-1 Light Industrial Districts and in any case where a group apartment development or more than one building or use is permitted on a lot:

   (a)   The proposed development shall be constructed in accordance with an overall plan and shall be designed as, or as part of, a single architectural and landscaping scheme. All buildings on a lot shall be arranged in a group, and the group of buildings as a unit shall comply with the area and yard regulations of the district in which the lot is located.

   (b)   The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open spaces and parking, utility and maintenance facilities.

   (c)   The distance at the closest point between any two buildings or groups of attached buildings shall be not less than thirty feet, except in OA Office-Apartment and I-1 Light Industrial Districts, where the distance shall be not less than sixty feet. In no case shall the minimum distance between buildings be less than the average height of adjoining buildings .

   (d)   All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed structure.

(Ord. 82-38. Passed 9-20-82.)

   (a)   In open space, Residential and transitional districts, no materials, products or goods shall be stored outdoors or displayed on the exterior of premises where they can be observed from a street or property line, except on a temporary basis as may be required during construction.

   (b)   In Business and I-1 Light Industrial Districts, no permanent storage of materials, products or goods is permitted outside a building, and no merchandise shall be displayed or offered for sale beyond the front line of a building, or the side lines of a building on corner premises, except during normal business hours.

   (c)   In any case where the storage or sale of materials, products or goods outside a building is permitted, the area devoted to such storage or sale shall not exceed fifty percent of the floor area of the principal building to which the use relates.

(Ord. 82-38. Passed 9-20-82.)

   On a corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.

(Ord. 82-38. Passed 9-20-82.)

   Not more than twenty percent of the floor area of an institutional or similar use shall be devoted to general office space in a Residential District, and no such establishment shall provide dormitory space for more than twenty persons per acre of tract size.

(Ord . 82-38 . Passed 9-20-82 . )

   No private residential swimming pool shall be placed in any required front or side yard, provided that the Board of Appeals may permit the placing of a private residential swimming pool in a required front or side yard by granting a variance where the contour of the lot, the size of the lot or other factors or considerations make this requirement impractical or unfeasible.

(Ord . 82-38 . Passed 9-20-82 . )

   The following regulations apply in Residential, transitional, Business and special districts:

   (a)   No borrow pits shall be created for the purpose of securing fill or for any commercial purpose, and no strip mining of earth, soil, loam, clay or sand shall be conducted. These provisions shall not prohibit excavation performed contemporaneously with and required by the construction of a foundation or other subsurface work for a building or other structure under actual construction.

   (b)   The Zoning Inspector may permit an excavation which is necessary for the preparation of a parcel of land for a use permitted in the district if : ( 1 ) The average elevation of the whole parcel is not thereby reduced below the average existing elevation of either the whole parcel or the perimeter of the parcel, whichever is less; and ( 2 ) Provisions are made by the applicant for the restoration of natural ground cover and the control of erosion.

(Ord. 82-38. Passed 9-20-82.)

   (a)   Prior to the issuance of a zoning permit, the Zoning Inspector or the Board of Appeals 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 tolerance.

   (b)   Methods and procedures for the determination of the existence of any dangerous or objectionable element shall conform to applicable standard measurement procedures published by the American National Standards Institute, the Manufacturing Chemists' Association, Inc., the United States Bureau of Mines and the Ohio Environmental Protection Agency.

(Ord. 82-38. Passed 9-20-82.)

   (a)   Two accessory buildings per lot may be permitted. The combined coverage of the lot by the principal use and all accessory uses shall not exceed the coverage restrictions specified in each zoning district. Such building must be kept painted and in good repair in conformity with the neighborhood.

(Ord. 82-38. Passed 9-20-82.)

   (b)   All accessory buildings, built after the passing of this section, shall be built flush to the ground, to prevent animals from living under them.

   (c)   Requirements within the various zoning districts for maximum building height, as defined in Section 1240.05(14), and minimum distance from side and rear lot lines for accessory buildings, are as follows:

 

   (a)   Applicable Districts; Limitation of Employees. Home occupations are conditionally permitted in SER Suburban Estate, R-2 Low Density, R-4 One and Two-Family, R-5 Medium Density, R-6 Medium-High Density Single-Family, R-7 High-Density Single-Family and R-12 Multifamily Residential Districts, in single-family dwellings only, provided that the home occupations meet the requirements of Chapter 1284 and this section. No person other than a member of the family residing on the premises shall be engaged in such an occupation.

   (b)   Permitted Home Occupations. A “home occupation” is any activity carried out for financial gain by a resident that is conducted as an accessory use in the resident's dwelling unit. Permitted home occupations include, but are not limited to, the following:

      (1)   Computer programming or data processing, professional offices, handicrafts such as model making, rug weaving, lapidary work, or ceramics with kiln up to six cubic feet in size maximum, dressmaking, sewing, millinery, tailoring, laundering, home cooking, baking, food preparation and preserving, exclusive of a catering service;

      (2)   Offices of ministers, rabbis, priests or other clergymen;

      (3)   Studios of artists, sculptors or authors;

      (4)   Sales of real estate or insurance, provided that no nonresident employee works on the premises;

      (5)   Music teaching or other types of instruction, except nursery schools, provided that such teaching or instruction is limited to one pupil at a time;

      (6)   Day care centers, provided that not more than six children are cared for at any point in time;

      (7)   (EDITOR'S NOTE: Division (b)(7) of this section was repealed by Ordinance 12-24, passed June 4, 2012.)

      (8)   Direct sale product distribution (Avon, Home Interiors, Tupperware, etc.). Parties for the purpose of taking orders or selling merchandise shall not be held more often than two times each month on the premises;

      (9)   Licensed medical massage therapist;

      (10)   Secretarial work, including typing or word processing;

      (11)   Small engine or motor repair;

      (12)   Tax preparation; and

      (13)   Telephone answering or solicitation.

   In no event, however, shall home occupations be interpreted to include animal hospitals or veterinary clinic; ambulance service; appliance repair, including radio, television, audio or video recording or playback equipment, refrigerator, clothes washer or dryer, stove, range or microwave oven; barber or beauty salon; business schools; ceramics if kiln is larger than six cubic feet; clinics or hospitals; contractor, including demolition, excavation, cement, masonry, paving, carpentry, remodeling, building, painting, plumbing, heating, air conditioning or electrical; commercial stable; dancing schools or studios; food catering service; health salon, gym or aerobic exercise studio; kennel; medical, dental, or psychology offices; mortuaries; music schools; palm reading or fortune telling; pet grooming; photography or photo processing laboratory; printing shop; private clubs; restaurant or tavern; storage, rental, sales, service, parts sale, repair, body work, detailing, upholstery, or washing of any vehicle; taxidermy; trailer rental; trucking, hauling, moving, tow truck service, hearse service, limousine or cab service; upholstery shop; welding or machine shop.

   (c)   Conditions for Operation. A home occupation shall meet the following conditions:

      (1)   Not more than 25% of the floor area nor more than 500 square feet of the dwelling unit may be used in connection with a home occupation. Floor area of a dwelling unit, in this case, shall include the floor area of all heated and ventilated, and thereby habitable rooms and areas within the dwelling unit, including basements and habitable attic space of the dwelling unit, and attached garages shall be used in the conduct of the home occupation.

      (2)   There shall be no change in the outside appearance of the dwelling, or other visible evidence of the home occupation, other than a sign, not illuminated and not larger than two square feet.

      (3)   A home occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory building, or any vehicle including a recreational vehicle unless specifically permitted by the Planning Board.

      (4)   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver or which causes fluctuation in line voltage off the premises.

      (5)   No traffic shall be generated by the operation of the home occupation which is greater than traffic volumes normally expected in the neighborhood, such as vehicles of occupants and a limited number of service vehicles. All parking shall be located off the street, and if located in a front yard, shall only be permitted on the driveway.

      (6)   There shall be no entrance or exitway specifically provided in the dwelling or on the premises for the conduct of a home occupation.

      (7)   Delivery from a commercial supplier in a vehicle larger than a step van shall be limited to one delivery and one pick-up each week and the delivery or pick-up shall not restrict traffic flow.

(Ord. 82-38. Passed 9-20-82; Ord. 04-57. Passed 11-1-04; Ord. 12-24. Passed 6-8-12.)

   All research, testing and development shall be carried on in entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detectable outside such buildings.

(Ord. 82-38. Passed 9-20-82.)

   (EDITOR'S NOTE: Section 1280.29 was repealed by Ordinance 10-47, passed December 6, 2010.)

   (EDITOR'S NOTE: Section 1280.30 was repealed by Ordinance 93-08, passed April 19, 1993.)

   (EDITOR'S NOTE: Section 1280.31 was repealed by Ordinance 93-08, passed April 19, 1993.)

   Child day-care centers caring for more than six children shall be conditionally permitted in any district subject to the following:

   (a)   The owner, firm, organization, corporation, or agency operating a child day-care center shall obtain a zoning permit prior to beginning operations and shall also obtain a valid license from the State of Ohio pursuant to the Ohio Revised Code.

   (b)   An occupancy permit must be obtained from the Clark County Building Inspector prior to the beginning of operations.

   (c)   All requirements of the State of Ohio must be met and maintained during the period of operations, including, but not limited to adequate drop-off areas, minimum outdoor play areas, and adequate fencing and safety procedures.

   (d)   In a Residential District, hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.

(Ord. 10-47. Passed 12-6-10; Ord. 12-24. Passed 6-4-12.)

   (a)   Recreational vehicles and equipment shall be subject to the following conditions:

      (1)   Recreational vehicles and equipment as defined in Section 1240.05(105) shall be parked or stored entirely within an enclosed building or may be parked or stored in a side or rear yard but not closer than ten feet to a rear yard lot line. All vehicles and equipment must be parked on an approved, stable surface such as concrete, asphalt, or crushed limestone gravel.

      (2)   In the case of a corner lot, the street side yard shall be considered a front yard and no recreational vehicles or equipment shall be parked or stored thereupon.

      (3)   No recreational vehicles or equipment shall be parked or stored on any public roadway.

      (4)   No camping or recreational vehicles or equipment shall have fixed connections to electricity, gas, water, or sanitary sewer facilities, nor shall such equipment or vehicles be used as a dwelling.

   (b)   Overnight (10:00 p.m. to 7:00 a.m.) parking and storage of semi-tractors, semi-trailers, buses, school buses, commercial vehicles, trucks over 1.5-ton rated capacity and mobile homes shall be strictly prohibited on any public roadway or private property in any Zoning District within the corporate limits of the City except an Industrial (I) District. Parking in an I District is permitted only on an approved surface.

   (c)   The following exceptions apply to this section:

      (1)   Camping and other recreational equipment may be parked in a required front yard or corner lot side yard for loading and unloading purposes for a period not to exceed 48 hours and only on an approved surface.

      (2)   Time limits may be extended due to special circumstances by the City Manager upon written request.

      (3)   A conditional use permit may be granted by the Planning Board.

(Ord. 10-47. Passed 12-6-10; Ord. 14-26. Passed 5-19-14.)