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Norton City Zoning Code

CHAPTER 1296

Supplementary Regulations

1296.01 OBSTRUCTION OF VISION AT STREET INTERSECTIONS PROHIBITED.

   On a corner lot in any Residence District, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets, in the area bounded by the street lines of such corner lots and a line joining points along said street lines, twenty-five feet from the point of the intersection.
(Ord. 1-1988. Passed 4-11-88.)

1296.02 FENCES, WALLS AND SCREENS.

   (a)   Erection; Maintenance. A building or zoning permit must be obtained from the Superintendent of Building and Zoning Inspection for the erection of any fence, wall or screen. The property owner shall be responsible for the continuing maintenance of any fence, wall or screen. If a fence, wall or screen is not maintained in a safe condition and in accordance with City regulations, the Superintendent of Building and Zoning Inspection shall issue notice to the owner, in accordance with this Zoning Code, to repair, replace or remove it.
      (1)   Placement, materials and height. Fences, walls, hedges or other planted screens may be erected in any yard, subject to the following height restrictions:
         A.   Located in a front yard in any "R" District: Five feet maximum height.
         B.   Located in a side yard or rear yard in any "R" District, from the front line of the principal structure to the rear lot line: Six feet maximum height.
         C.   Exception: In any "R" District, there shall be no maximum height applied to hedges or planted screens located along a rear lot line. Fences constructed on "R" District properties at or near a property line, which line abuts properties in districts other than "R" Districts may be constructed to the same height as a fence legally constructed on the abutting property at or near the property line.
         D.   Located in a front yard of any "B" Districts: Six feet maximum height.
         E.   Located in a side yard or rear yard of any "B" District: Eight feet maximum height.
         F.   Located in a front yard of any "I" District: Eight feet maximum height.
         G.   Located in a side or rear yard of any "I" District: Twelve feet maximum height.
      (2)   Public yards. Fences, screens or walls up to ten feet in height may be erected in any yard of a public school, public recreational facility or public building, provided that they are constructed of chain-link material and approved by the Superintendent of Building and Zoning Inspection.
      (3)   Setback from property lines. Fences located along a property line or right-of-way line shall be set back at least six inches from such line.
   (b)   General Requirements.
      (1)   Visibility at intersections. Authorized fences, walls and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections.
      (2)   Barbed wire fences. Barbed wire fences shall not be erected, except where permitted by Section 660.12(b) of the General Offenses Code.
      (3)   Erection in public ways. A fence, wall or screen shall not be erected in a public or dedicated right-of-way.
(Ord. 88-1993. Passed 12-13-93.)

1296.03 ACCESSORY BUILDINGS.

   (a)   No accessory building shall be erected in any required yard, other than a rear yard. Said building shall not exceed a maximum height of twenty-one feet, shall be placed a minimum of ten feet from the rear lot line, shall conform to the side yard requirements of the zoning district and shall conform to the following size and location restrictions:
      (1)   On lots of less than one acre (43,560 square feet), the total area of all accessory buildings, including a detached garage, shall not exceed 1,008 square feet.
      (2)   On lots of one or more but less than two acres, the total area of all accessory buildings, including a detached garage, shall not exceed 1,280 square feet.
      (3)   On lots of two or more but less than three acres, the total area of all accessory buildings, including a detached garage, shall not exceed 1,728 square feet. No part of any accessory building shall be constructed less than fifty feet from any dwelling unit, including an attached garage, on any neighboring property.
      (4)   On lots of three or more but less than five acres, the total area of all accessory buildings, including a detached garage, shall not exceed 2,000 square feet. No part of any accessory building shall be constructed less than 100 feet from any dwelling unit, including an attached garage, on any neighboring property.
      (5)   On lots of five or more acres, the total area of all accessory buildings, including a detached garage, shall not exceed 2,400 square feet. No part of any accessory building shall be constructed less than 100 feet from any dwelling unit, including an attached garage, on any neighboring property.
      (6)   In areas designated RU-1, and on lots of five or more acres, the total area of all accessory buildings, including a detached garage, shall not exceed 4,800 square feet. No part of any accessory building shall be constructed less than 100 feet from any dwelling unit, including an attached garage, on any neighboring property.
   (b)   On a corner lot, an accessory building shall be placed a minimum of ten feet to the rear of the required front yard of the adjoining use district. On a corner lot, a buffer strip of fifty feet shall be maintained between any accessory building and the rear lot line.
   (c)   No accessory building shall be erected within six feet of any other building, except that such an accessory building may be permitted pursuant to Section 1296.08.
(Ord. 107-1992. Passed 1-11-93 ; Ord. 47-2005. Passed 6-27-05 .)

1296.04 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.

   In R-1, R-2 and R-3 Districts, no more than one single-family dwelling unit shall be permitted or permissible on any one residential lot. The front, side and rear yards shall be in accordance with the applicable district regulations. Each yard shall be unobstructed by any structure, except as otherwise provided in this Zoning Code. Such areas, together with all other portions of the lot not covered by permitted structures, shall be maintained in grass, trees, shrubbery and/or other appropriate ground cover, so as to assure absorption of rainfall, to prevent erosion from rapid run-off of surface water and to ensure environmental compatibility with surrounding properties.
(Ord. 11-1994. Passed 2-28-94.)

1296.05 EXCEPTIONS TO HEIGHT REGULATIONS.

   The height limitations contained in this Zoning Code do not apply to spires, belfries, cupolas, antennas, water tanks, windmills, grain elevators or chimneys.
(Ord. 1-1988. Passed 4-11-88.)

1296.06 ACCESS TO STREET REQUIRED.

   (a)   Every building shall be erected on a lot that has frontage on a dedicated and improved street, and no permit may be issued for the erection of a building on a lot that does not have frontage on a dedicated and improved street. The amount of frontage required shall be as stated in the zoning district regulations applicable to the subject property.
(Ord. 31-1995. Passed 7-10-95; Ord. 47-2005. Passed 6-27-05.)
   (b)   Private streets may be permitted within condominium and planned unit developments.
(Ord. 19-1994. Passed 2-28-94; Ord. 47-2005. Passed 6-27-05.)
   (c)   Where a building lot has frontage upon a street contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
(Ord. 1-1988. Passed 4-11-88; Ord. 47-2005. Passed 6-27-05)

1296.07 PARKING AND STORAGE RESTRICTIONS.

   (a)   Parking, Storage or Use of Major Recreational Equipment. For purposes of this Zoning Code, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cars or buses used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a Residence District, except in a carport or enclosed building or behind the nearest portion of a building to a street, provided, however, that such equipment may be parked anywhere on a residential premises for a period not to exceed twenty-four hours, during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
   (b)   Parking and Storage of Trucks, Tractors, Trailers and Other Commercial Vehicles Prohibited. No truck, tractor, trailer or other commercial vehicle licensed to transport more than one ton shall be stored or parked in or upon any street in front of any lot or portion of a lot situated in any residential area, or in any location not approved for such use.
   (c)   Temporary Parking. The temporary parking of any truck, tractor, trailer or other commercial vehicle licensed to transport more than one ton, in or upon any lot in any Residence District, or upon the street in front of any lot in any Residence District, for the purpose of making a delivery or sale of goods, wares, materials, merchandise or service to the owner or occupant of any dwelling in said District, shall not be deemed to be a violation of this Zoning Code, provided that said sale or delivery is made within a reasonable time.
   (d)   Parking and Storage of Unlicensed Vehicles. Automotive vehicles or trailers of any kind without current license plates, or equipment or material not incidental to occupancy use, shall not be parked or stored on any residentially-zoned property, other than in completely enclosed buildings.
   (e)   Off-Street Parking. As specified in this Zoning Code, lots shall be provided with necessary passageways and driveways. All such space shall be determined to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be paved with a dustless, durable, all-weather pavement.
(Ord. 1-1988. Passed 4-11-88.)

1296.08. SWIMMING POOLS.

   (a)   Enclosures. Every swimming pool over thirty inches deep and/or over fifteen feet in any dimension shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than three inches in any dimension, except for doors or gates, which shall be equipped with suitable locking devices to prevent unauthorized intrusion. An accessory building may be used in or as part of such enclosure.
   (b)   Swimming Pools as Structures. Open, private, above-ground pools over fifteen feet in any dimension and/or exceeding thirty inches in depth, or in-ground swimming pools, shall be considered structures for the purpose of permits and shall be controlled by such other City ordinances as may be applicable.
(Ord. 1-1988. Passed 4-11-88.)

1296.09 REMOVAL OF SOIL, MINERALS OR SIMILAR MATERIALS PROHIBITED; PERMIT REQUIRED FOR EXCAVATIONS.

   No soil, minerals or similar materials shall be removed from any lot, except that which is purely incidental to the construction of a structure. No excavation on any lot shall be permitted exceeding one foot in depth, unless a building permit is first secured therefor.
(Ord. 1-1988. Passed 4-11-88.)

1296.10 QUASI-PUBLIC USES IN RESIDENCE DISTRICTS.

   All quasi-public uses, such as, but not limited to, churches and schools, and other similar places of worship or instruction, shall, in order to be located in Residence Districts, have a minimum lot area of 20,000 square feet. The use shall comply with all other requirements of the district in which it is located.
(Ord. 1-1988. Passed 4-11-88.)

1296.11 COMMERCIAL DISPLAYS.

   No business structure or use shall display goods for sale, advertise its purpose or install signs outside of the lot lines in which such activity is carried on.
(Ord. 1-1988. Passed 4-11-88.)

1296.12 USED CAR LOTS.

   Used car lots, which are not operated adjoining and contiguous to the main office of new automobile sales agencies with new car showrooms, are specifically prohibited in all districts throughout the City.
(Ord. 1-1988. Passed 4-11-88.)

1296.13 PUBLIC BUILDINGS AND FACILITIES.

   Public buildings and facilities, such as schools, museums, libraries, City government buildings, pumping stations, fire stations and recreation facilities, shall be permitted in certain districts, subject to the review and approval of the Planning Commission, as provided herein.
(Ord. 1-1988. Passed 4-11-88; Ord. 3-2004. Passed 2-9-04.)

1296.14 USE OF BASEMENTS FOR SLEEPING PURPOSES.

   A basement which is wholly or partially below the grade of the lot upon which it is located shall not be used for sleeping purposes in any district.
(Ord. 1-1988. Passed 4-11-88; Ord. 3-2004. Passed 2-9-04.)

1296.15 PUBLIC UTILITIES.

   Public utility facilities, such as transmission pipes or lines, water storage tanks, towers, pumping stations and sub-stations, may be permitted in all districts established in this Zoning Code, provided that:
   (a)   A set of plans, specifications and plot plans, and a statement setting forth the need and purpose of the installation, are filed with the Division of Building and Zoning Inspection by the applicant, in triplicate.
   (b)   Proof is furnished to the Division of Building and Zoning Inspection that the proposed installation in a specific location is necessary for the efficiency of the public utility system, or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conforms to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the district in which it is located; that adequate and esthetic fencing and other safety devices will be provided; and that sufficient landscaping, including shrubs, trees and lawn, will be provided and continuously maintained.
   (c)   Nothing in this Section shall be construed as applying to any Wireless Telecommunications Facilities, which shall be governed by the requirements of Chapter 1294 of the Codified Ordinances of the City.
(Ord. 1-1988. Passed 4-11-88; Ord. 3-2004. Passed 2-9-04; Ord. 65-2017. Passed 8-28-17.)

1296.16 JUNKYARDS, SECONDHAND MATERIAL YARDS AND AUTOMOBILE GRAVEYARDS OR DISASSEMBLY PLANTS PROHIBITED.

   Junkyards, secondhand material yards and motor vehicle graveyards and disassembly plants are specifically prohibited in all districts throughout the City.
(Ord. 1-1988. Passed 4-11-88; Ord. 3-2004. Passed 2-9-04.)

1296.17 PRIVATE STABLES OR BARNS.

   Private stables or barns are specifically prohibited in R-4, R-5, R-PC, B-1, B-2, B-3, I-1, I-2, P-REC and C-REC Districts. Said buildings are permitted in all other districts, provided the following conditions are met:
   (a)   Fifteen acres and over: The size and use, as set forth in Section 1250.04(40), shall be unlimited, but such stable or barn shall be at least 300 feet from all dwellings, except the property owners dwelling.
   (b)   Five to fifteen acres. Three-fourths of one percent of land area of lot use, as set forth in Section 1250.04(40), shall be permitted, but such stable or barn shall be at least 300 feet from all dwelling, except the property owner's dwelling.
   (c)   One to five acres. One-half of one percent of land area of lot use, as set forth in Section 1250.04(40), shall be permitted, but such stable or barn shall be at least 300 feet from all dwellings, except the property owner's dwelling.
   (d)   Zero to one acre. Not permitted.
   (e)   With fence enclosure: At least ten feet from an adjacent property.
(Ord. 1-1988. Passed 4-11-88; Ord. 3-2004. Passed 2-9-04.)

1296.18 HAZARDOUS WASTE STORAGE AND TRANSPORT PROHIBITED.

   (a)   The storage, treatment or disposal of hazardous waste above ground is hereby prohibited in all zoning districts in the City.
   (b)   The storage, treatment or disposal of hazardous waste in any subsurface storage space, whether naturally occurring or man-made or modified, is hereby prohibited in all zoning districts in the City.
   (c)   No hazardous waste shall be transported across private property for any purpose, other than the removal of said waste from land, within the City on which hazardous waste is created as a product or by-product of a manufacturing process.
   (d)   "Hazardous waste" is hereby defined as including those wastes defined in the Ohio Revised Code and regulations promulgated thereunder as hazardous waste.
(Ord. 1-1988. Passed 4-11-88; Ord. 3-2004. Passed 2-9-04.)

1296.19 DECKS.

   Decks shall be constructed in compliance with the following standards:
   (a)   A deck shall be located not less than ten feet from a lot line in any residential zoning district, and shall be located in compliance with any riparian and/or wetland setbacks.
   (b)   If there is a time when the deck would become enclosed and be used for living space, the structure would need to comply with the setback requirements of the district for which any dwelling would be required. (It may then be necessary to be required to apply for an area variance for this structure.)
(Ord. 47-2005. Passed 6-27-05.)

1296.20 DUMPSTERS AND OTHER WASTE CONTAINERS.

   In all zoning districts within the City, trash dumpsters or other waste containers with a total volume greater than 100 gallons and used to store garbage, refuse or waste for collection shall be housed in a wholly enclosed structure, or completely screened from any parking area or street right-of-way by a vision-obscuring fence or plant material.
(Ord. 32-2011. Passed 3-28-11.)