New Concord City Zoning Code

CHAPTER 1161

Supplemental Conditions

1161.01 BUFFERING REQUIREMENTS.

To secure a desirable transition between residential and commercial and/or office/institutional land uses, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned O-1, B-1, B-2, B-3, I-1 and which abut an R-1, R-2, or R-3 zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be twice the dimension requirement normally required. These additional side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs that will have a minimum height of 4 ½ feet and will provide an opacity of 100 percent in the summer and 50 percent in the winter within 3 years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.02 ADJUSTMENTS TO SIDE YARD REQUIREMENTS FOR CORNER LOTS.

Regardless of side setback line requirements and minimum side yard requirements set forth in other parts of this code, when a lot is located on a corner of intersecting streets, all yards abutting a public street shall be considered to be a front yard, and shall be required to have front yard setbacks and front yard requirements for all such yards abutting a public street.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.03 VISIBILITY AT INTERSECTIONS.

In any district on any corner lot, no fence, structure or planting shall be erected or maintained within thirty (30) feet of the "corner" at a height between two and one-half (2 1/2) and ten (10) feet above curb or street grade, or so as to interfere with traffic visibility across the corner. The "corner" shall be the point of intersection of the two right of way lines.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.04 ARCHITECTURAL PROJECTIONS.

Open structures such as porches, 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. Ordinary projections of sills, belt courses, roof eaves, cornices and similar structural and ornamental features may extend to a distance not to exceed eighteen (18) inches into a required yard.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.05 DOUBLE FRONTAGE LOTS.

Lots having frontage on more than one street shall provide the required front yard along both streets.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.06 ACCESSORY BUILDINGS.

Accessory structures (when not attached to a principal structure) may be located within 5 feet of any property line; provided however, that an unattached accessory structure may not be located in an area that would place it closer to the street than the principal structure. Accessory buildings can only be placed on a lot with a principal structure.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.07 FENCES, WALLS AND HEDGES.

Fences, plant material and similar screening devices up to three (3) feet in height are permitted in yards fronting on the public street. Fences, walls and hedges up to six (6) feet in height are permitted in the remaining yards. The finished side of all fences shall be facing out.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.08 SWIMMING POOLS.

A private swimming pool but not farm ponds shall be any pool, 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 (1 1/2) feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than one hundred (100) square feet, shall be allowed in any District except as an accessory use and unless it complies with the following conditions and requirements:

(a) The pool may not be located, including any walks or paved areas or accessory structure adjacent thereto, closer than ten (10) feet to any property line or in the front yard closer than the setback required in the district.

(b) The pool, or the entire property on which it is located, shall be so walled or fenced to prevent uncontrolled access from the street or from adjacent properties. Said fence or wall to be not less than five (5) feet in height and maintained in good condition with a gate and lock. (Ord. K-5-94-2. Passed 5-9-94.)

1161.09 CLUB SWIMMING POOLS.

A club swimming pool shall be any pool constructed by an association of property owners or by a private club for use by members and guests of the association or club. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:

(a) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred (100) feet to any property line.

(b) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access from the street or adjacent properties. The said fence or wall shall not be less than six (6) feet in height and maintained in good condition. (Ord. K-5-94-2. Passed 5-9-94.)

1161.10 OUTDOOR LIGHTING.

Outdoor lighting, when used for security, landscaping, or signage shall be so designed and directed so as not to adversely impact adjacent property.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.11 BED AND BREAKFAST ESTABLISHMENTS.

Where allowed as a permitted or conditional use, bed and breakfast establishments must meet the following requirements:

(a) No more than 2 people are employed in the bed and breakfast who are not residents of the home.

(b) Bed and Breakfast establishments may have accommodations for no more than four guest rooms

(c) There shall be no external evidence of the bed and breakfast except for a single non-illuminated sign, made of materials other than plastic, affixed to the residence which has no more than 10 square feet of total sign area.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.12 PARKING OR STORAGE OF TRAILERS, RECREATION VEHICLES AND BOATS.

Parking a trailer, recreation vehicle, or boat in any residential district on the street or in the front yard of any lot for more than seventy-two (72) hours shall be prohibited.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.13 HEIGHT REGULATIONS FOR STRUCTURES.

The height regulations prescribed herein 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.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.14 REQUIREMENT FOR SEXUALLY-ORIENTED BUSINESSES.

Based on secondary effects studies conducted in other communities it is recognized that there are some uses which, because of their very nature, have serious secondary impacts upon adjacent residential and commercial use areas, and certain specific land uses such as schools, parks, child care facilities, public building and churches. Therefore, the Village recognizes that regulation of adult entertainment businesses is necessary to insure that adverse secondary impacts will not contribute to the blight and reduced property values. The Village of New Concord has reviewed available literature on the subject of the secondary effects of sexually-oriented businesses and determined that a sexually-oriented business shall be separated from other sensitive land uses and shall comply with the following requirements. All measurements shall be made using applicable lot lines and shall utilize a straight line representing the shortest distance between two points. Sensitive land uses listed below include those existing outside of the corporate limits.

(a) Sexually-oriented businesses shall comply with the district regulations applicable to all properties in any district in which they are located.

(b) No sexually-oriented business shall be permitted in a location which is within 1,500 feet of another sexually-oriented business.

(c) No sexually-oriented business shall be permitted in a location which is within 1,000 feet of any school, park, child care facility, public building, place or religious worship, private school, park or playground, or any social services facility or neighborhood center.

(d) No sexually-oriented business shall be permitted in a location which is within 500 feet of any residence (inside or outside of the Village) or boundary of any residential district. (Ord. K-5-94-2. Passed 5-9-94.)

1161.15 MINIMUM STANDARDS FOR SINGLE FAMILY DWELLINGS.

All single family dwelling units including industrialized units shall have a complete foundation under all exterior walls, a pitched roof with a minimum 1 to 4 ratio between vertical rise and horizontal run and the minimum width of the narrowest portion of the main part of the house shall be 20 feet. (Ord. K-5-94-2. Passed 5-9-94.)

1161.16 OUTDOOR STORAGE RESTRICTIONS.

Where permitted and conditionally approved, any outdoor storage shall be in side or rear yards only, shall be totally screened from any street abutting the property and any residential property or district abutting the property, shall be a maximum of 6 feet in height, shall be set back a minimum of 10 feet from all property lines and shall occupy a maximum 20% of the area of the property on which they are located. (Ord. K-5-94-2. Passed 5-9-94.)

1161.17 TEMPORARY BUILDINGS.

Temporary buildings may be permitted in any district under the following conditions one time per calendar year:

(a) The activity or purpose for the building is a permitted use within the district except when used for a community or charitable event one time per calendar year.

(b) The entire structure is removed from the premises within thirty (30) days of being placed or erected on any property or for any business or owners except that bonafide non-profit or community organizations may exceed thirty (30) days.

(c) All structures shall comply with applicable building codes and shall comply with all set-back requirements. (Ord. K-5-94-2. Passed 5-9-94.)

1161.18 SATELLITE DISH RECEIVERS.

Satellite dish type receivers shall be permitted in any district under the following conditions:

(a) A satellite dish may be located in the rear yard as defined herein, if it is less than six(6) feet in diameter, is a minimum of five (5) feet from any property line and is less than fifteen (15) feet high from ground level.

(b) A satellite dish may be located in a side yard if it is less than three (3) feet in diameter, less than four (4) feet in height from the ground level, a minimum of five (5) feet from any property line and cannot be viewed from any abutting street because of landscape screening.

(c) A satellite dish may be located on a rear roof of a structure if the dish is less than three (3) feet in diameter and cannot be viewed from any abutting street.

(d) A satellite dish may be located in a front yard if it is less than eighteen (18) inches in diameter, is five (5) feet from any property line, set back a minimum of twenty-five (25) feet from the street and cannot be viewed from any abutting street because of landscape screening.

(e) A satellite dish may be located on any structure if it is less than eighteen (18) inches in diameter, does not extend more than three (3) feet above the roof and will not property operate if located on a rear roof.

Any exception to the above requirements shall require a variance as defined herein. Any landscape screening requirement shall be maintained year round. (Ord. K-5-94-2. Passed 5-9-94.)

1161.19 CONVERSION OF DWELLINGS.

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, dimensions of yard and other open spaces, percentage of lot coverage, building height, and off-street parking. When an existing single-family dwelling is converted contain more than one dwelling unit, the converted dwelling shall retain the appearance of a single-family dwelling with no significant or noticeable change and shall have no major structural alterations to the exterior of the building, other than to provide required means of ingress and egress from dwelling units. All fire escapes or stairways leading to a second floor must be completely enclosed within the converted building. Each conversion shall be subject also to such further requirements that apply to such district or use. (Ord. K-5-94-2. Passed 5-9-94.)

1161.20 STREET ACCESS-CURB CUTS-DRIVEWAYS.

No person shall construct or alter any type of private access for vehicular or other traffic to a public street or alley including driveways, sidewalks, private streets, roads or paths without first obtaining a permit. No permit shall be issued if the access way creates a safety hazard or will impede public services. (Ord. K-5-94-2. Passed 5-9-94.)

1161.21 OUT-DOOR FURNACES.

Outdoor furnaces and heating devices shall be prohibited in all districts within the Village.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.22 PARKING AREA MAINTENANCE.

All parking areas required herein to be paved with asphalt, concrete, or brick pavers shall be maintained in a good workman like condition with the same material. Any change in the surface shall be to another hard surface pavement approved by the Zoning Inspector or shall require a zoning variance as required herein. (Ord. K-5-94-2. Passed 5-9-94.)

1161.23 GENERATORS AND TURBINES.

No electrical generating device for use other than during emergencies, construction or power outages shall be installed without first obtaining conditional use approval from the Planning Commission in accordance with criteria listed in Section 1185.03.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.24 ROOF MOUNTED SOLAR COLLECTION SYSTEMS AND FREE STANDING SOLAR COLLECTION SYSTEMS.

Roof Mounted and/or Free Standing Solar Collection System shall not be permitted until a Zoning Permit has been obtained from the Village of New Concord. The fee for permits shall be the same amount as Commercial or Residential Accessory Structure permits for the use. No permit shall be issued or approved by the Village and construction shall not commence for any Solar Collection Systems until plans showing satisfactory evidence that all requirements of this Ordinance have been complied with and that storm water runoff control complies with other applicable ordinances. Site Plan approval by the Planning Commission shall not be required for Solar Collection Systems. The provisions of this Ordinance shall in no way limit the use of any property by limiting tree planting or construction of any structure permitted by law.

(Ord. K-5-94-2. Passed 5-9-94.)

1161.25 ROOF MOUNTED SOLAR COLLECTION SYSTEMS.

Roof Mounted Solar Collection systems shall be considered an accessory use in all zoning districts if constructed and maintained in accordance with the following requirements:

(a) All structures used for the placement of Roof Mounted Solar Collection Systems shall have a minimum height of eight feet from ground level to any Solar Collection Systems.

(b) Roof Mounted Solar Collection Systems installed on buildings shall not project horizontally beyond the roof of any building.

(c) All recommended manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(d) No solar energy system shall be installed until evidence has been given to the Village of New Concord that the system complies with the laws of the State of Ohio including; the Ohio Building Code, National Electric Code and all manufacturer's specifications. (Ord. K-5-94-2. Passed 5-9-94.)

1161.26 ROOF MOUNTED SOLAR COLLECTION SYSTEMS IN ARCHITECTURAL REVIEW OVERLAY DISTRICT.

No Roof Mounted Solar Collection Systems, panels, equipment or device shall be installed in the Architectural Review Overlay District whatsoever without first receiving approval of the Design Review Board as required by this Zoning Code. Any Roof Mounted Solar Collection Systems, panels, equipment or device installed on the front side of pitched roofs facing the street or on flat roofs in a manner so as to be visible from the street at ground level in the Architectural Review Overlay District shall be designed and installed in a manner to mimic the roof and shall be compatible with the building architecture and the historic nature of the district. Panels that project more than twelve inches above the roof or are constructed at an angle different from a pitched roof shall not be permitted. (Ord. K-5-94-2. Passed 5-9-94.)

1161.27 FREE STANDING SOLAR COLLECTION SYSTEMS - UNDER 25,000 SQUARE FEET IN TOTAL AREA.

(a) Free Standing Solar Collection Systems that are less than 25,000 square feet are listed as a permitted use in certain districts if constructed and maintained in accordance with the following requirements:

(1) Free Standing Solar Collection Systems shall be a minimum of 300 feet from any other Free Standing Solar Collection Systems regardless of property ownership.

(2) Free standing solar panels located on the ground or attached to a framework located on the ground shall not exceed twenty (20) feet in height above the ground.

(3) All recommended manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(4) No solar energy system shall be installed until evidence has been provided to the Village of New Concord that the system complies with the laws of the State of Ohio including; the Ohio Building Code, National Electric Code and all manufacturer's specifications.

(5) Free Standing Solar Collection Systems shall be located a minimum of 200 lineal feet from the nearest residential district or public street

A. Except that the minimum setback from the nearest residential district or public street for Free Standing Solar Collection Systems may be reduced to 100 lineal feet provided that it is effectively screened on each side that adjoins or faces any public street or residential zoning district by a fence or hedge not less than six (6) feet in height that shall be maintained in good condition.

b. The space between such wall or fence and the lot line of the adjoining Residential District or public street shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition.

c. In lieu of such wall or fence, a strip of land not less than six (6) feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six (6) feet in height may be substituted.

(b) Maintenance.

(1) All free standing solar collection systems shall be maintained in proper working order.

(2) Any physical modification to the free standing solar collection system that alters the mechanical load, mechanical load path, or major electrical components shall require reapplication for conditional use under this section. Like-kind replacements shall not require reapplication.

(3) All free standing solar collection system sites shall be maintained to the desired community standards including but not limited to the following:

A. Free of weeds and tall grass

B. Free of debris

C. Shall remain clean and free of peeling paint or unsightly damage

D. The above standards, along with all applicable requirements for screening, apply to any screening that may be installed around the free standing solar collection system.

(1) Any free standing solar collection system that is out-of-service for a continuous twelve (12) month period will be deemed to have been abandoned. The Zoning Officer may issue a Notice of Abandonment to the owner of the free standing solar collection system that is deemed to have been abandoned. The owner shall have the right to respond to the Notice of Abandonment within thirty (30) days from the Notice receipt date. The Zoning Officer shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the free standing solar collection system had not been abandoned.

(2) If the free standing solar collection system is determined to be abandoned, the owner shall remove the system within ninety (90) days of the Notice of Abandonment and the site must be reclaimed to a depth of two (2) feet, if necessary. If the owner fails to remove the free standing solar collection system and reclaim the site, the Village may remove or cause the removal of the system and the reclamation of the site. The cost of removal and reclamation will become a lien upon the property and may be collected in the same manner as property taxes.

(Ord. K-11-17-3. Passed 11-13-17.)

1161.28 FREE STANDING SOLAR COLLECTION SYSTEMS MORE THAN 25,000 SQUAREE FEET AND UNDER 100,000 SQUARE FEET.

(a) Free Standing Solar Collection Systems that are more than 25,000 square feet in total area but less than 50,000 square feet in total area are conditional uses certain districts and Free Standing Solar Collection Systems that are 50,000 square feet in total area or more, but less than 100,000 square feet are also conditional uses in certain districts subject to the following requirements:

(1) Free Standing Solar Collection Systems shall be a minimum of 300 feet from any other Free Standing Solar Collection Systems regardless of property ownership.

(2) Free standing solar panels located on the ground or attached to a framework located on the ground shall not exceed twenty (20) feet in height above the ground.

(3) All recommended manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(5) Free Standing Solar Collection Systems shall be located a minimum of 200 lineal feet from the nearest residential district or public street

B. The space between such wall or fence and the lot line of the adjoining Residential District or public street shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition.

C. In lieu of such wall or fence, a strip of land not less than six (6) feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six (6) feet in height may be substituted.

(1) All free standing solar collection systems shall be maintained in proper working order.

(3) All free standing solar collection system sites shall be maintained to the desired community standards including but not limited to the following:

A. Free of weeds and tall grass

B. Free of debris

C. Shall remain clean and free of peeling paint or unsightly damage

D. The above standards, along with all applicable requirements for screening, apply to any screening that may be installed around the free standing solar collection system.

(Ord. K-11-17-3. Passed 11-13-17.)

1161.29 MOBILE RETAIL FOOD ESTABLISHMENTS.

(a) Mobile retail food establishment courts are designated as a conditional use within the B2 Zoning District. This district is covered by the Design Review Board overlay district which strives to preserve the historic nature of downtown New Concord. All pertinent guidelines for this district, as well as the B2 zoning district, apply.

(b) Guidelines. All potential mobile retail food establishment courts must be contained on an off-street lot and must abide by the following guidelines. No food trucks and/or trailers may be located on a public street.

(1) Duration: Food trucks and/or trailers are semi-permanent and must move at least once within a prescribed number of days per Muskingum County Health Department regulations.

(2) Number/density of food trucks and/or trailers allowed per lot: One (1) unit for every 4,000 square feet within the lot.

(3) Parking and Surfacing: Refer to Chapter 1165 - Off Street Parking and Loading Requirements for Restaurants, Nightclubs, Cafes or Similar Establishments.

(4) Site Amenities: (EDITOR’S NOTE: Former subsection (b)(4) was eliminated by Ordinance 2024-5-2, passed May 13, 2024.)

(5) Trash: A dumpster must be provided on-site as well as trash receptacles for designated eating areas. Each required dumpster will be screened from view. Refer to Section 1165.07 for additional information regarding dumpster and waste receptacle screening.

(6) Lighting: Appropriate lighting is required for Mobile Retail Food Establishment Courts during non-daylight hours of operation. Refer to Section 1165.10 for additional information.

(7) Signage: Food Trucks and/ or Trailers are used not only for food preparation, storage and sale but for advertisement as well. Where applicable the Design Review Board shall review and approve of signage/advertisement on any new food truck and/or trailer. A new food truck and/ or trailer refers to a new design for the unit and/ or a new food offering.

A mobile retail food establishment court may provide one (1) freestanding sign for the entire lot so as to guide potential customers to the court. For each food truck and/ or trailer located within the mobile retail food establishment court the area of signage on the unit shall be as follows, or less:

• 30% of each "long" side of the unit may be covered in signage for the particular food offering of that unit.

• 15% of each "short" side of the unit may be covered in signage for the particular food offering of that unit.

Refer to Chapter 1173 - Signs and Outdoor Advertising Structures, Mobile Retail Food Establishment Court for additional details.

(8) Food Preparation: All food preparations and equipment used in food preparation must be approved by the Muskingum County Health Department before the Village of New Concord will allow the food truck and/ or trailer to operate within the Village.

(c) Owner Responsibility in the Event of a Cease of Operation. Should an owner of a Mobile Retail Food Establishment Court cease operations the owner is responsible for removing all trucks/trailers and freestanding signs from the lot. The lot shall be secured properly by the owner and the owner shall maintain the lot to the Village's standards until ownership changes. Three months of consecutive nonoperation constitutes a "cease of operation".

(d) Planned/Necessary Interruptions in Operations. The owner of a Mobile Retail Food Establishment Court shall contact the Village Zoning Officer in the event of a planned or necessary interruption in operations. This interruption must be temporary in nature and the owner shall continue all lot maintenance as required per the Village's standards.

(e) Food Truck/Trailer Maintenance. Each unit, truck or trailer, shall be maintained to an acceptable aesthetic, cleanliness, and functionality level by the owner of a Mobile Retail Food Establishment Court. Units will be rust free, in good working order, have a clean appearance, and display Village approved and maintained signage/paint/graphics.

(f) Approval Process. Each potential mobile retail food establishment court must submit a site plan to the Zoning Officer for review. As this use requires conditional approval the Zoning Officer will forward the request to the Planning Commission for review.

Once approved, the mobile retail food establishment court will submit plans/drawings for any freestanding sign or signage located on a new food truck and/ or trailer to the Zoning Officer for approval.

If the mobile retail food establishment court is located within the Design Review Board overlay district the Zoning Officer will forward this information to the Design Review Board for review. Both the Planning Commission and the Design Review Board will work together to review any such site plan.

(Ord. K-11-17-1. Passed 11-13-17.)