After the effective date of this Zoning Code, and subject to the provisions of Section 1282.02, to the regulations applicable to the district in which a building, structure or lot is located and to all other applicable regulations of this Zoning Code:

   (a)   No building or structure shall be located, erected, constructed, reconstructed, enlarged or structurally altered except in conformity with the area, height and yard regulations of the district in which such building or structure is located.

   (b)   No building, structure or lot shall be used for any purpose other than that which is permitted in the district in which such building, structure or lot is located.

   (c)   No yard or other open space existing about any building or structure shall be reduced in area or dimension as to make it less than the minimum area or dimension required by this Zoning Code.

   (d)   No yard or other open space provided about any building or structure for the purpose of complying with the provisions of this Zoning Code shall be considered as providing a yard or open space for any other building or structure, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building or structure on any other lot.

   (e)   No lot held under one ownership at the time of the effective date of this Zoning Code shall be reduced or subdivided in any manner below the minimum area and yard requirements provided of this Zoning Code.

   (f)   No lot shall be used to dismantle vehicles, nor shall vehicles unfit for highway operation be stored upon any lot unless they are stored within an enclosed building.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   Each lot shall adjoin a public street.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   The depth and width of all yards shall be measured perpendicular or radial to lot lines.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   Unless otherwise specifically provided, the following shall not be considered as obstructions when located within any required yard in any district; and shall not require a permit:

   (a)   Awnings and canopies, but cannot exceed existing building main floor roof gutter line or if main floor roof gutter line is non-existent, cannot exceed 10 feet in height from existing normal grade. If used for signage/advertising, shall require a sign permit;

   (b)   Recreational and drying yard equipment;

   (c)   Arbors and trellises, but cannot exceed existing building main floor roof gutter line;

   (d)   Flag poles;

   (e)   Survey monuments;

   (f)   Antennae; but cannot exceed 40 feet in height

   (g)   Satellite dishes;

   (h)   Personal spa/hot tub;

   (i)   Water features;

   (j)   Dog houses under 15 square feet;

   (k)   An unenclosed or uncovered porch or patio, but shall project into a required front or rear yard for a distance not exceeding ten feet, and into a required side yard not exceeding three feet, except in the R-OA-2 District where it shall project into a required side yard not exceeding one foot.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   Nothing in this Zoning Code shall be deemed to apply to, or in any manner restrict, any premises now owned or hereafter acquired by the City as to any use thereof now or hereafter made.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   (a)   Definitions.

      (1)   “Fence” means any artificially constructed barrier composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose or partially enclose or screen any yard or any part thereof, or to provide protection, privacy, boundary, or confinement.

      (2)   “Ornamental Fencing” means any fence made with decorative material, including wrought-iron, stone, brick, aluminum, wood or vinyl that is spaced board or picket in style to permit visibility.

   (b)   In all Residential Districts, the following shall apply:

      (1)   Fences or hedges shall not exceed 42 inches in height in the required front yard and on corner lots.

      (2)   Fences shall not exceed four feet in height in the required side yard next to the main building and projected to the required front yard.

      (3)   Fences shall not exceed six feet in height in the rear yard, except adjacent to a side yard where fences shall not exceed four feet in height in the rear yard.

      (4)   A permit shall be issued by the Zoning Inspector for each fence prior to construction.

      (5)   Fences shall not exceed three feet in height on unattached decks.

      (6)   In determining the height of fences as required by this section, the measurement shall be taken from the original/existing ground level of the property of the owner requesting the fence and shall extend to the topmost portion of the fencing material. If the situation involves a split rail fence, the height measurement shall be taken from the original/existing ground level to the uppermost portion of the top rail. If the situation involves ornamental fencing, a permit shall be required if said fencing exceeds 36 inches in height.

      (7)   Anything attached to a fence or portion thereof, shall become part of the fence and shall adhere to fencing regulations and requirements. All fences and screening shall be free of advertising.

      (8)   Fences must maintain an adequate safe distance from fire hydrants, as determined by the Fire Chief.

      (9)   If the fence has a “good side”, the “good side” must face away from the property of the owner.

      (10)   The following fences are prohibited:

         A.   A fence consisting in whole or part of coils of barbed wire, concertina or razor wire.

         B.   A fence with razored edges, broken glass, affixed spikes, projecting nails or other material that may be a hazardous to the public.

      (11)   All fences shall be properly maintained by the owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness, so there is no aesthetic detriment or hazard to the surrounding area.

   (c)   In all other zoning districts, the following shall apply:

      (1)   Fences or hedges shall not exceed 42 inches in height in the required front yard and on corner lots, unless approval is obtained from the Planning Commission. Fences located in the front yard shall be of an ornamental nature and must use materials such as wrought iron, wood, brick, stone, and similar replications of these materials, such as vinyl fencing that has the appearance of wood. Chain link fences are prohibited in the front yard.

      (2)   Fences in the required side and rear yard shall not exceed six feet in height.

      (3)   A permit shall be issued by the Zoning Inspector for each fence prior to construction.

      (4)   In determining the height of fences as required by this section, the measurement shall be taken from the original/existing ground level of the property of the owner requesting the fence and shall extend to the topmost portion of the fencing material.

      (5)   Anything attached to a fence or portion thereof, shall become part of the fence and shall adhere to fencing regulations and requirements. All fences and screening shall be free of advertising.

      (6)   Fences must maintain an adequate safe distance from fire hydrants, as determined by the Fire Chief.

      (7)   If the fence has a “good side”, the “good side” must face away from the property of the owner.

      (8)   The following fences are prohibited, unless approval is obtained from the Planning Commission:

         A.   A fence consisting in whole or part of coils of barbed wire, concertina or razor wire.

         B.   A fence with razored edges, broken glass, affixed spikes, projecting nails or other material that may be a hazardous to the public.

      (9)   All fences shall be properly maintained by the owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness, so there is no aesthetic detriment or hazard to the surrounding area.

(Ord. 2002-45. Passed 8-22-02; Ord. 2007-29. Passed 9-27-07; Ord. 2018-53. Passed 1-24-19.)

   The following uses of land are prohibited in all districts:

   (a)   Industrial waste lagoons;

   (b)   Application of waste sludge on any land; and

   (c)   Junk yards as per Section 1282.07.

      (Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19; Ord. 2023-05. Passed 2-9-23; Ord. 2024-35. Passed 10-24-24.)

   Home occupations, such as, but not limited to, a seamstress or a mechanic or the office of an architect, attorney at law, minister or physician and related arts and crafts, are allowed as an accessory use in a residential structure provided that such occupation:

   (a)   Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit;

   (b)   Is carried on by a member of the family residing in the dwelling unit;

   (c)   Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

   (d)   Conforms to the following additional conditions:

      (1)   The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.

      (2)   Not more than one person outside the family shall be employed in the home occupation.

      (3)   There shall be no exterior display, exterior sign (except as permitted in the district regulations), exterior storage of materials or other exterior indication of the home occupation or variation from the residential character of the principal building.

      (4)   No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

   Before commencement of such use, an application therefor shall be made to the Zoning Inspector, accompanied by the appropriate fee. If, upon examination, he or she finds that such proposed use will conform to the requirements set forth herein, he or she shall issue a permit for such use within thirty days.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

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

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

      (1)   Plantings in buffer areas shall have, within three years after planting, a minimum height of five feet and shall achieve an opacity of one hundred percent in the summer and a minimum of fifty percent in the winter.

      (2)   Indigenous occurring vegetation that provides some natural buffering may be preserved and used in combination with new plantings needed to achieve the minimum heights and opacity indicated in division (b)(1) of this section.

      (3)   Earthen mounding may be used as part of the landscaping plan and in buffer areas. The mounding shall have a minimum height of three feet and a maximum height of six feet. Such mounds shall have a maximum slope of three to one and a minimum width across the top of the mound of three feet. The grading of the mounds shall be accomplished to achieve positive storm water drainage with no ponding. Mounds shall be smoothly contoured and seeded or sodded with grass to prevent erosion.

      (4)   If plantings and earthen mounding are used in combination, a maximum of thirty-three percent of the planting may be installed on the top of the mound.

      (5)   A minimum of six percent of the parking lot area shall be landscaped.

      (6)   A minimum landscaping strip of five feet in width shall be located between the parking area and the abutting property lines.

      (7)   One tree shall be required for each twelve parking spaces or faction thereof and a minimum of 100 square feet of non-paved area per tree in parking lot areas. Trees shall be of a diameter of not less than one and one-half inches.

      (8)   A minimum landscaping strip of ten feet in depth shall be located between the abutting right-of-way and the parking area.

      (9)   For all multi-family, manufactured home park, commercial and industrial districts, one street tree shall be planted at an average of every forty linear feet along the lot or parcel frontage of all public right-of-way. Street trees shall be planted and provided according to the regulations set forth in Section 1222.05(d)(23).

      (10)   The owners and their agents on multi-family residential, manufactured home park, commercial and industrial land use areas shall be responsible for providing, protecting and maintaining all landscaping and trees on their parcel or lot in a healthy and growing condition, replacing it when necessary and keeping it free of refuse and debris.

      (1)   Landscape plans submitted pursuant to this section shall be prepared by a landscape architect.

      (2)   Landscape plans submitted pursuant to this article shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking areas, or other vehicular use area, access aisles, driveways and the location, size and description of all landscape materials and mounding.

      (3)   A zoning certificate will not be issued until the landscape plan has been approved by the Planning Commission.

      (4)   The Planning Commission or City Council shall have the authority to require a one-year maintenance bond for landscaping improvements. The maintenance bond shall be returned upon compliance with the approved landscaping plan.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19; Ord. 2023-05. Passed 2-9-23.)

   In any zoning district, where the average distance between the street right-of-way line and the existing principal structures is less than the front yard required in the applicable zoning district, then the required front yard for any lot in question on the same side of the street may be reduced. Such reduction shall involve determining the average distance between existing structures and the street right-of-way line for all principal structures that fall within 100 feet on either side of the side lot lines of the lot in question. The resulting average shall be the required front yard for the lot in question.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   Before the issuance of a zoning certificate for construction of any developments, other than single or two-family developments, manufactured home parks and those occurring in a PUD district, a site plan, as defined herein, shall be submitted and approved by the Planning Commission, or where allowed, by the Architectural Review Committee (ARC). In addition to new construction, these requirements apply to the modification of any existing structure where the gross floor area is increased by more than twenty percent.

   Owner/Developer shall have the option of using a one step or two step process of submitting a site plan for approval of the Planning Commission, or by the Architectural Review Committee (ARC), in cases where the development occurs in areas of the Central Business District defined in Section 1275.13 (Northwood Commons/Enclave Overlay District) and where the proposed land uses are principally permitted. The one-step process of submitting a site plan includes following the submittal process of 1250.12(b). The two step process of submitting a site plan includes following the submittal process of 1250.12(a) and (b).

      (1)   The names, addresses and telephone numbers of the owner/developer and the engineer/surveyor.

      (2)   A location map. (Same orientation as the preliminary site plan.)

      (3)   A scale on each drawing.

      (4)   A north arrow on all drawings.

      (5)   Show existing zoning on site plan drawing. (Project property zoning and adjacent property zoning.)

      (6)   The dimensions of the property and the dimensions of existing and proposed buildings to be constructed to the nearest foot.

      (7)   Building removals or other alterations to occur on existing buildings.

      (8)   The distance to the right-of-way from the existing and/or proposed building to the nearest foot.

      (9)   The distance to side and rear property lines from the structure to the nearest foot.

      (10)   The names of adjacent roadways.

      (11)   Sidewalks and pedestrian connectivity elements. (The location, width [existing and/or proposed] and handicap ramps and access, and trails and pathways, etc.)

      (12)   Ditches, creeks or other natural features affecting development.

      (13)   Show proposed location of private and public utilities and label type of utility.

      (14)   Parking and bike rack locations. (Existing or proposed.) Off-street parking spaces and aisles, with dimensions, to the nearest foot, the number of spaces and handicapped parking spaces.

      (15)   Drive-thru line-up.

      (16)   The location of all waste and refuse handling facilities and proposed screening methods.

      (17)   Off-street loading pavement type.

      (18)   Development standards which include architectural standards, building and material types and colors, landscaping, signage and signage type, and any other items as required by the Planning, Zoning, and Economic Development Coordinator shall be submitted.

      (1)   The names, addresses and telephone numbers of the owner/developer and the engineer, architect, or surveyor.

      (2)   A legal description and a location map. (Same orientation as the final site plan.)

      (3)   A scale on each drawing.

      (4)   A north arrow on all drawings.

      (5)   Show existing zoning on final site plan drawing. (Project property zoning and adjacent property zoning.)

      (6)   Show adjacent opposite property buildings and driveways on drawings.

      (7)   The dimensions of the property and the dimensions of existing and proposed buildings to be constructed. Existing topography, including existing ground elevations, shall be at a minimum of 100-foot intervals. Elevations are to be provided to the nearest tenth of a foot. Topography is to extend at least fifty feet beyond the site property lines.

      (8)   Building removals or other alterations to occur on existing buildings.

      (9)   The distance to the right-of-way from the existing and/or proposed building.

      (10)   The distance to side and rear property lines from the structure.

      (11)   The names of adjacent roadways.

      (12)   Right-of-way lines and pavement and right-of-way widths from the centerline of the roadway.

      (13)   Fencing or walls. (The location, height and material [existing and/or proposed].)

      (14)   Signs. (The location, height and dimensions, signage type and sign material [existing and/or proposed].)

      (15)   Lighting. (The location, parking and outside building [security].)

      (16)   Sidewalks and pedestrian connectivity elements. (The location, width [existing and/or proposed] and handicap ramps and access, and trails and pathways, etc.)

      (17)   Drive approach aprons. (The location, the width at the roadway, the width at the throat and radius returns.)

      (18)   Ditches, creeks or other natural features affecting development. (Two-foot contours [where appropriate] and a 100-year flood line.)

      (19)   Storm water drainage (existing and proposed) and the method for detention, with drainage calculations, detention volume, hydraulic calculations, and storm water management plan.

      (20)   Sanitary and storm sewers (existing and proposed), the waterline, hydrants and storm sewer design calculations.

      (21)   Wells (existing and/or proposed), if improvements not available. (Also on adjacent property, if applicable.)

      (22)   On-site sewerage system, if applicable. (Also on adjacent property, if applicable.)

      (23)   Parking and bike rack locations. (Existing or proposed.) Off-street parking spaces and aisles, with dimensions, the number of spaces, handicapped parking, pavement type, the number of employees at peak shift, if applicable, and the square footage of the building, if applicable.

      (24)   Drive-thru line-up, if applicable, and the number of vehicles stored in line- up, if applicable.

      (25)   A landscaping plan. The plan must be approved by the City Engineer and Planning, Zoning, and Economic Development Coordinator before issuance of a Zoning Certificate.

      (26)   The location of all waste and refuse handling facilities and proposed screening methods.

      (27)   Traffic study and counts, if applicable.

      (28)   Off-street loading pavement type.

      (29)   Requirements of City of Northwood Chapter 1456, “Flood Hazards”.

      (1)   The preliminary site plan or final site plan shall be considered formally submitted when found to be complete by the Planning Commission or ARC;

      (2)   The preliminary site plan or final site design shall consider all existing local plans for the City, including the Comprehensive Plan;

      (3)   Development of the site shall attempt to preserve any unique natural features present on the site including significant trees or stands of trees;

      (4)   The proposed layout shall provide safe and convenient pedestrian and vehicular circulation and linkages;

      (5)   The preliminary or final site design and general location of proposed structures shall provide compatibility and sensitivity to adjacent properties;

      (6)   Proposed parking and bike rack areas shall be attractive, safe and convenient; and

      (7)   Proposed signage shall be located on the property to harmonize with adjacent land uses and shall not cause excessive lighting to be directed to adjacent property or to unnecessarily obstruct views.

      (8)   A set of site plans shall be reviewed by the City Fire Chief, City Police Chief, and Northwest Water and Sewer District and the review comments shall be considered by the Planning Commission or ARC when approving, disapproving or modifying the site plan.

      (1)   Within thirty days of project completion, notification (written or verbal) to the Planning, Zoning, and Economic Development Department is required to schedule a final inspection of the project.

      (2)   Upon inspection, the Planning, Zoning, and Economic Development Department will determine if the project has been completed according to the approved site plan. A written notification will be provided to the property owner as to the results of the final site plan inspection.

         A.   Any items that are incomplete or non-compliant with the approved site plan shall be fixed within thirty days of written notice.

      (3)   In conducting any site plan review or final site plan inspection. The City may employ one or more outside consultants or experts of which the property owner or applicant shall have full responsibility to reimburse the City for said services.

      (4)   Fees and reimbursements. A fee(s) shall be charged to the property owner for any reinspection of the project by the Zoning Inspector or other City official.

         A.   Reimbursements for outside consultants or experts, including the City Engineer, shall be determined by the amount of time spent by the City Engineer and contractual rates and will be payable directly to the City.

         B.   The City shall not issue an operating and locating permit until all late fees are paid in full.

(Ord. 2002-45. Passed 8-22-02; Ord. 2005-43. Passed 10-13-05; Ord. 2018-53. Passed 1-24-19; Ord. 2023-05. Passed 2-9-23.)

   Within all zoning districts, except R-OA-2, C, CBD, NCO, M-1 and M-2, the minimum lot frontage shall be fifty feet.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   When the Planning, Zoning, and Economic Development Coordinator has difficulty determining whether or not a proposed use meets the performance characteristics required for a particular district, the coordinator shall have the applicant for the proposed use apply to the Planning Commission to make the determination.

(Ord. 2002-45. Passed 8-22-02; Ord. 2018-53. Passed 1-24-19.)

   (EDITOR’S NOTE: Section 1250.15 was repealed by Ordinance 2022-41, passed February 23, 2023. For provisions regarding wind turbines, see N.C.O. Section 1251.06, Wind Energy Generation.)

   (EDITOR’S NOTE: Section 1250.16 was repealed by Ordinance 2022-42, passed February 23, 2023. For provisions regarding solar panels, see N.C.O. Section 1251.07, Solar Energy Generation.)

   (a)   (1)   Storm sewer shall be designed to flow just full for the five year intensity-duration-frequency storm using the Rational Method. The minimum pavement gutter elevations shall be at or above the hydraulic grade line for twenty-five year frequency storm.

      (2)   For the ten year hydraulic gradient checks, minimum starting point elevation, when a proposed storm drainage system outlets into a nearby stream or ditch, shall be based on ten year high water elevation. If information is unavailable the high water elevation shall be determined by following sound engineering principals subject to approval by the City Engineer.

   (b)   All structures within a new street right-of-way shall be designed to adequately handle the storm drainage of the proposed improvements as determined by the City Engineer.

   (c)   All site development disturbing one acre or more of property shall be required to include on-site storm water detention per the City's current storm water management plan (SWMY). Single-family home construction located on a parcel or parcels is exempt from the detention/retention requirement of this section. The minimum detention volume for the site shall be equivalent to the storage volume produced from a 200 year frequency (post development) storm inflow with an allowable discharge of a five year frequency (pre-developed) storm outflow. The storm water detention calculations for the site shall be submitted with the site grading plans and shall be subject to approval by the City Engineer.

   (d)   All storm water collection systems shall be designed to include, but not limited to, storm water treatment for the removal of sediment. The type of storm water treatment shall be in accordance to the applicable best management practice(s) (BMPS) as listed in the City's current SWMP. All construction and maintenance of storm water collection system shall be in accordance to the Ohio Environmental Protection Agency's Permit No.: OHC000005, or most current permit update. All construction details, involving storm water treatment and maintenance, shall be shown on the erosion control plan for the site, which shall be submitted with the site grading plans subject to review and approval from the City Engineer. All developers or property owners shall maintain any post construction structural BMPS according to the maintenance requirements of said BMP. All post- construction structural BMPS will be inventoried and subject to inspection by the City Zoning Department. Failure to properly maintain the BMP will result in penalties according to subsection (h) hereof.

   (e)   All residential sites and subdivisions shall require all downspouts from gutters to be splashed unto the grass area of the lots a BMP requirement.

   (f)   A storm drainage design plan that includes existing and proposed elevations, storm sewer and pond design and flow directions for all stormwater on site shall be provided for the following:

      (1)   Inground pools;

      (2)   Accessory structures greater than twenty-five square feet; and,

      (3)   All residential building construction on land not within a subdivision.

   (g)   Notification of violation; time limit. Any person found to be violating any provisions of subsection (d) hereof shall be served by the City with a written notice, stating the nature of the violation, sent by first class mail to the person apparently guilty of the violation. This notice shall be deemed sufficient, in the event of violation, if sent to the address of the person shown on the Wood County tax records. The notice shall, in all cases, set forth a time limit during which all noted violations shall cease and be abated, and appropriate corrective action taken, and if the violator shall not thus comply, the provisions of the following paragraph then apply.

   (h)   Violation beyond time limit; penalty. Any person who continues any violation beyond the time limit provided for in subsection (d) hereof is guilty of a minor misdemeanor and shall be punished as provided in Section 698.02 of the General Offenses Code. Every day a person is in violation shall be considered a separate offense.

(Ord. 2011-33. Passed 12-15-11; Ord. 2018-53. Passed 1-24-19; Ord. 2023-05. Passed 2-9-23.)

   All permanent outdoor lighting such as that which is used for area lighting or building floodlighting or security shall be steady, stationary, shielded sources directed so as to avoid glare for motorists, pedestrians and adjacent premises. The maximum light intensity at any property line or right-of-way line shall not exceed one foot-candle from the site. A photometric plan shall be submitted to the City for all outdoor lighting improvements. The plan is required for all site plan submittals and approvals. A plan may be required by the Planning, Zoning, and Economic Development Coordinator for residential districts or residential use in an agricultural district.

(Ord. 2014-11. Passed 6-26-14; Ord. 2014-26. Passed 11-20-14; Ord. 2018-53. Passed 1-24- 19.)