1. The applicant shall file a formal and complete application for a conditional use permit with the City. The application shall include:
   1. A preliminary site plan which demonstrates the overall site layout and building locations, parking areas and circulation, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
   2. A list of the property owners’ names and addresses that adjoin the applicant’s property as recorded by the Fayette County Assessor’s Office.
   3. Any other information deemed helpful by the applicant or necessary by the Zoning Enforcement Officer to explain the nature of the proposed use and its consistency with the standards established by this chapter for conditional use permits.
   4. A filing fee in the amount of $50.00. The purpose of the fee shall be to defray, in part, the expenses connected with the application.
2. The Zoning Enforcement Officer will conduct a formal review of the complete application. As part of the formal review process, the Zoning Enforcement Officer will notify appropriate departments and request summaries of departmental reviews.
3. The Zoning Enforcement Officer shall publish a Class I legal advertisement describing the request for a conditional use permit in a local newspaper of general circulation at least fifteen (15) days prior to the scheduled public hearing before the Board of Zoning Appeals.
4. The Board of Zoning Appeals shall hold a public hearing to review the complete site plan and application for the conditional use permit request. All adjoining property owners shall be notified of the proposed conditional use along with the date and time of the public hearing.
   1. The Board may approve an application for a conditional use permit, subject to such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit, if it finds that the following general standards have been met:
      1. The proposed use is compatible with the goals of the Comprehensive Plan.
      2. The proposed use shall be compatible with the appropriate and orderly development of the district, taking into consideration the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with such use, the size of the site in relation to the use, the assembly of persons in connection with the use, and the location of the site with respect to streets giving access to the site.
      3. The proposed site development shall be such that the use will not hinder nor discourage the appropriate development and use of adjacent land and buildings, taking into consideration the location, nature and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site.
      4. Neighborhood character and surrounding property values shall be reasonably safeguarded.
      5. Operations in connection with the use shall not be offensive, dangerous, destructive of property values and basic environmental characteristics, or detrimental to the public interest of the community. They shall not be more objectionable to nearby properties by reason of fumes, noise, vibration, flashing of or glare from lights, and similar nuisance conditions than the operations of any permitted use not requiring a conditional use permit in the district.
      6. The character and appearance of the proposed use, buildings, structures, and/or outdoor signs shall be in general harmony or better, with the character and appearance of the surrounding neighborhood.
      7. The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit.
5. If the conditional use permit is granted by the Board of Zoning Appeals, the applicant receives approval and is formally notified in writing by the City.
6. If the conditional use permit is denied by the Board of Zoning Appeals, the applicant is formally notified in writing of the denial and the right to appeal the decision to the Circuit Court of Fayette County within thirty (30) days. See OHMC 15.08.090.
   

1. Accessory Structures and Uses in Residential Districts.
   1. Customary and incidental accessory buildings and uses are allowed in all residential districts, as specifically regulated in that district, provided that:
      1. Accessory Structures shall not be placed in the front yard. If placed in a side yard, accessory structures shall not be located closer to the street than the front building line of the principal structure.
      2. Accessory structures shall not be located closer than three feet to the rear and side property lines nor closer than 3 feet to the principal structure, unless otherwise indicated in this title.
      3. On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
      4. When an accessory structure is attached to a principal structure, it shall comply in all respects with the requirements of this zoning title applicable to the principal structure(s).
      5. Any structure connected to another structure by an open breezeway (i.e., without enclosed walls) shall be deemed to be a separate structure.
      6. The total square footage of all accessory buildings shall not exceed 672 square feet or 50% of the first or ground floor area of the principal building whichever is greater, except for accessory dwelling units which may exceed this measure but must be clearly subordinate and secondary to the principal structure. Large lots measuring twice the size of the minimum lot requirement or greater are not subject to this restriction, so long as the accessory structure remains subordinate in floor area to the dwelling.
      7. The square footage of the first (ground) floor of the accessory structure(s) shall be included in the computation of lot coverage.
      8. Accessory structures shall not exceed 18 feet in height, except for accessory dwelling units, which may not exceed two stories or 25 feet in height.
      9. No part of any such structure, with the exception of accessory dwelling units as defined herein, shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
      10. A private garage may be constructed as part of a principal structure, provided that when constructed the garage walls shall be regarded as the walls of the principal structure in applying the applicable front, side and rear setback requirements.
      11. Pools are subject to the accessory use provisions herein and subject to a building permit.
      12. Outdoor play equipment, when anchored to the ground, is prohibited in the front yard.
   2. Fences may be erected, with a building permit, on residentially zoned parcels, provided they meet the following restrictions:
      1. They may not exceed six and one half (6.5) feet in height at any point.
      2. No portion of an opaque fence (less than 70 percent open in any one square foot portion of the fence panel) erected within a clear vision triangle may exceed two and one-half (2.5) feet in height.
      3. Fences may be constructed of stone, brick, wood, vinyl, chain link or wire, wrought iron, aluminum, and ornamental concrete block, provided all other requirements herein are met. They shall not be constructed with razor wire or electrified wire.
      4. Fences erected in the front yard shall not exceed four (4) feet in height.
      5. ences specifically intended to screen mechanical equipment may exceed the maximum fence height in the immediate area of the equipment to be screened to the additional height necessary to screen the particular height of the equipment.
      6. Fences, walls, terraces, steps, mailboxes, or other similar features may encroach into a required setback, except as provided in OHMC 15.40.070, Obstruction of Vision and Fencing. Such appurtenances shall not be located within access, drainage, or utility easements.
   3. Open Storage in Residential Districts.
      1. The storage, collecting, dismantling, salvaging or repairing of inoperative or unlicensed motor vehicle, motor vehicles with expired inspection stickers, machinery, or appliances is prohibited when not within an area screened from view by walls and a roof.
      2. Recreational vehicles and trailers designed to be towed by another vehicle must be stored on a paved surface and parked behind the front building line.
      3. The display or storage of items not customarily associated with residential uses is prohibited when not within an area screened from view by walls and a roof.
2. Accessory Structures and Uses in Commercial Districts.
   1. Customary and incidental accessory buildings and uses are allowed in all commercial districts, as specifically regulated in that district, provided:
      1. The storage, collecting, dismantling, salvaging or repairing of inoperative or unlicensed motor vehicles, motor vehicles with expired inspection stickers, machinery, or appliances is prohibited when not within an area screened from view by walls and a roof, unless approved as a conditional use as allowed under OHMC 15.38.230, Outdoor Storage of Wrecked and/or Abandoned Vehicles.
      2. No more than two accessory buildings per establishment shall be erected on a lot.
      3. An accessory building shall be at least 3 feet from all lot lines and from any other building on the same lot, unless otherwise specified in this title.
      4. Accessory Structures shall not be placed in the front yard. If placed in a side yard, accessory structure shall not be located closer to the street than the front building line of the principal structure.
   2. Fences may be erected, with a building permit, on non-residentially zoned parcels, provided they meet the following restrictions:
      1. They may not exceed ten (10) feet in height (except for those surrounding industrial uses, in which case they may be up to fifteen (15) feet in height at any point.
      2. No portion of an opaque fence (less than 70 percent open in any one square foot portion of the fence panel) erected within a sight triangle may exceed two and one-half (2.5) feet in height.
      3. Fences specifically intended to screen mechanical equipment may exceed the maximum fence height in the immediate area of the equipment to be screened to the additional height necessary to screen the particular height of the equipment.
      4. Fences, walls, terraces, steps, mailboxes, or other similar features may encroach into a required setback, except as provided in OHMC 15.40.070, Obstruction of Vision and Fencing. Such appurtenances shall not be located within access, drainage, or utility easements.

Home-Based Businesses shall be regulated as follows:

1. Permitting and Enforcement
   1. All Level I and II proposed home-based businesses shall apply to the City Manager for a Municipal License and to the City Zoning Enforcement Officer for zoning review. The Zoning Enforcement Officer shall determine whether the proposed home-based business meets the level 1 permitted accessory or level 2 conditional use permit home-based business definition and requirements.
      1. Level 1 permitted accessory home-based businesses that meet the requirements set forth shall be approved by the Zoning Enforcement Officer. The Zoning Enforcement Officer shall endorse the Municipal License Application upon approval.
      2. Level 2 conditional use permit Home-based businesses may be approved after a public hearing for a conditional use permit if the Board of Zoning Appeals determines that the proposed home-based business will not constitute a nuisance or otherwise be detrimental to the neighborhood. The Zoning Enforcement Officer shall endorse the Municipal License Application upon approval by the BZA.
   2. Home-based businesses may have their permits revoked for the following reasons:
      1. Any change in use or any modification to the granted home-based business that is not first approved by the Zoning Enforcement Officer or the BZA.
      2. Any nuisance, including noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor, detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure.
      3. Failure to pay any annual municipal license fee within thirty days after the due date or to renew the municipal license.
2. Level 1 home-based business uses shall be a permitted accessory use in all residential districts where business activities include, but are not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail order, and off-premise sales.
   1. Level I permitted accessory home-based businesses shall be distinguished from Level II home-based businesses requiring a conditional use permit in that they shall not be permitted to:
      1. Sell articles or products on the premises.
      2. Generate any additional pedestrian or vehicular traffic not normally associated with the residential use of the dwelling.
      3. Receive deliveries to or from the dwelling, except by the occupant, U.S. Mail or by courier, and by no customers or clients.
      4. Display signs for the business use.
      5. Have employees who are not members of the resident dwelling unit.
3. Level II home-based businesses shall be conditional uses and regulated and monitored to assure that the use does not create any adverse impact on the surrounding area. Applicants must present the following information to the BZA:
   1. The type of business and business activities.
   2. The total number of resident employees.
   3. The location and floor area of the home-based business.
   4. The vehicles used in the home-based business.
   5. The number of expected customer visits per day and at any one time.
4. Level II home-based businesses shall meet the following performance standards:
   1. Hours of operation shall be limited to hours between 8:00 a.m. and 7 p.m.
   2. Employees working at the subject property must be permanent residents of that dwelling.
   3. Delivery vehicles used to deliver goods to the home-based business are limited to passenger vehicles, mail carriers, and express carriers. Deliveries shall be permitted between 8:00 a.m. and 6:00 p.m.
   4. The home-based business shall be limited to the parking/storage of one commercial vehicle on the premises, not exceeding a one-ton capacity.
   5. The home-based business shall not generate traffic in greater volume than would normally be expected in a residential neighborhood.
   6. The home-based business must provide one off-street parking space in addition to the parking requirement for the dwelling.
   7. The home-based business may not create a nuisance due to noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor. Any noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of this provision.
   8. The home-based business shall not increase demand on water, sewer, or garbage collection services to the extent that the combined demand for the dwelling and the home-based business is significantly more than is normal to the use of the property for residential purposes.
   9. The BZA may establish a limit on the number of clients permitted per day or at any one time.
   10. Structural alterations that are not customarily found in a residential structure are prohibited.
   11. Equipment and materials related to the home-based business must be stored in a manner that is out of view to the public.
   12. Signs advertising the home-based business are not permitted.
5. Level II home-based businesses shall include, but not be limited to:
   1. Professional offices such as architects, brokers, counselors, clergy, engineers, insurance agents, real estate agents, lawyers, accountants, editors, publishers, journalists, cleaning services, salespersons, travel agents, and psychologists where some clientele may be required.
   2. Personal services, such as barbershops, beauty parlors, manicure and pedicure shops, catering, chauffeuring services, and physical therapists (no more than 2 people being tended to at any one time).
   3. Instructional services such as music, dance, art and craft classes, and tutoring (no more than 2 people being instructed at any one time).
   4. Repair services for small appliances, computers, watches and clocks, electronic devices.
   5. Workrooms for tailors, dressmakers, milliners, and craft persons, including jewelry making, cabinetry and woodworking.
   6. The BZA shall make the determination whether an unlisted business is similar to a listed permitted use and issue or deny the Level II home-based business conditional use permit.
6. Home-based businesses shall not include dance studios, commercial repair or storage of automobiles, medical or dental clinics or offices where patients are treated, restaurants, bars/nightclubs, mortuary or funeral establishments, boarding/rooming/tourist homes, kennels, stables, veterinarian clinics/hospitals, nor adult uses. Uses not specifically mentioned shall not be permitted when the Zoning Enforcement Officer determines that such use is of the same general character as at least one of those stated above.
   

1. Halfway houses shall comply with the following:
   1. The structure should be virtually indistinguishable from the surrounding houses;
   2. Cooking facilities in the rooms shall be prohibited;
   3. Fire Department approval of the structure and its proposed use must be received by the Zoning Enforcement Officer prior to the issuance of a Certificate of Occupancy.
2. Group homes must be in full compliance with all applicable state regulations, including licensure.

After reference to and approval thereof by the Planning Commission and upon the conditions set forth in OHMC 15.38.010, Council may authorize the issuance of a permit or permits for the construction of a shopping center for the conduct of retail business, in the General Business District B-2, provided such proposed shopping center conforms to the following requirements:

1. Area. The minimum area shall be five acres.
2. Initial Construction. Satisfactory assurance shall be given that initial construction will comprise not less than fifty percent (50%) of the planned total construction as measured in terms of bulk of the buildings proposed to be built.
3. Plan. The proposed development shall be in accordance with a unified site plan and architectural scheme. However, it shall not be required that the whole of the development be in a single ownership or built or financed by a single part, if satisfactory evidence is shown that all parties financially or otherwise concerned in the development are legally bound to conform to the above required unified site plan and architectural scheme.
4. Entrances Upon Streets and Highways. All vehicular entrances and exits upon public roads shall be approved by the proper highway authorities.
5. Off-Street Parking. Automobile parking space shall be provided on the premises with an area not less than three times that of the total floor space to be contained in the development.
6. Off-Street Loading and Unloading Space. Off-street loading and unloading space shall be provided in addition to the space required by Part E hereof as required by OHMC 15.46.010.
7. Boundary Treatment. No building shall be placed closer to any front street or road line than 100 feet or closer to any other property line than twenty-five feet. No parking space shall extend nearer to any street or road line than the established building line or closer to any other property line than fifty feet and the boundaries along all side and rear property lines abutting upon a residential district shall be appropriately landscaped and maintained for a depth of not less than ten feet. Where the shopping center area is directly adjoined by land in a business or industrial district or by a railroad right of way, buildings may extend to the property line and automobile parking space may extend to the property line.
8. Fire-Resistant Construction. All buildings are to be of fire-resistant construction as herein defined.

(Ord. 7-5-77)

Hotels, motor courts or motels, where allowable under this Zoning title shall conform to the following requirements:

1. Each rental structure shall contain at least eight rental units.
2. Automobile parking space to accommodate not less than one car for each rental unit plus one additional space for every two persons regularly employed on the premises.
3. Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures shall be properly connected to the City water and sewer system.

(Ord. 7-5-77)

The following shall apply in addition to all other regulations of the City in respect to mobile homes.

1. No mobile home shall be parked and occupied in any district outside an approved mobile home court for more than forty-eight hours except upon a special permit issued by the Zoning Enforcement Officer. Such permit shall be issued for a period not to exceed thirty days and shall not be renewable within the same calendar year.
2. As an exception to Part A hereof, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding 180 days and shall be renewable for an additional period not exceeding 180 days. However, if material progress with house construction is not made within forty-five days from the issuance of the permit or if construction work ceases for a consecutive period of forty-five days, such permit shall become void.

(Ord. 7-5-77)

The following shall apply in addition to all other regulations of the City in respect to mobile home parks:

1. Permit For a Mobile Home Park.
   1. It shall be unlawful within the City for any person or persons to construct or operate a mobile home park without first securing a written license from Council and without complying with the regulations of this Zoning title. (Ord. 7-5-77)
   2. The application for such annual license or the renewal thereof, shall be filed with the City Clerk and shall be accompanied by a fee of twenty-five dollars ($25.00). The application for a license or renewal thereof shall be made on forms prescribed by the City and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the mobile home park shall accompany the application). Each license or renewal thereof shall expire on June 30th following the issuance thereof. (Ord. 6-5-01)
2. Application For a Mobile Home Park License. Any applicant for a mobile home park license shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park and shall furnish the following information:
   1. Boundaries of plot area.
   2. Entrances, exits and walkways.
   3. Trailer sites or lots.
   4. Number and location of sanitary conveniences, including proposed toilets, washrooms, laundries and drying area.
   5. Method and plan of sewage disposal.
   6. Method and plan of garbage disposal.
   7. Water supply.
   8. Electric lighting.
   9. Incinerator area.
   10. Owner's and operator's name and address.
3. Park Plan.
   1. For authorization in a Residence District R-3 under OHMC 15.38.010, no mobile home park or service building shall be closer to a street, road or other property line than 100 feet.
   2. In any other district where allowable, no mobile home or trailer lot or office or service building shall be closer to any street or road line than 100 feet or closer to any other property line than fifty feet.
   3. In whatever district located, a mobile home park shall conform to the following additional requirements:
      1. The park shall be located on a well-drained site suitable for the purpose with an adequate entrance road at least twenty feet wide.
      2. Individual mobile home lots shall have an area of not less than 3000 square feet with a minimum width of forty feet and a minimum depth of seventy-five feet.
      3. The total number of mobile home lots shall not exceed twelve per gross acre.
      4. Margins along side of the rear property line shall be densely planted with trees and shrubs for a depth of not less than twenty-five feet.
   4. Sewage and refuse disposal:
      1. Waste from showers, toilets and laundries shall be wasted into the public sewer system in a manner approved by the City Engineer.
      2. All kitchen sinks, wash basins or lavatories, bath or shower tubs in any mobile home park shall empty into the City sewer system.
   5. Garbage receptacles: One garbage receptacle of metal with tight fitting cover shall be provided for each mobile home and one large metal trash can for every two mobile homes.

(Ord. 7-5-77)

1. All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed, as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than twenty-five feet.
2. All waste material and vehicles in need of service, except those that are under conditional use subject to OHMC 15.38.230 Outdoor Storage of Wrecked and/or Abandoned Vehicles, shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.

(Ord. 7-5-77)

1. Intent. Temporary Uses shall be permitted by the granting of a Temporary Zoning Permit issued by the Zoning Enforcement Officer in accordance with the requirements of this section.
2. General Provisions
   1. The duration of the temporary period is stated hereinafter, provided, however, renewal of the permit may be requested. The Zoning Enforcement Officer is not obligated to renew such permits if doing so leads to a defacto permanent use.
   2. Temporary Uses shall be subject to all the regulations of the applicable district in which they are located.
3. Permitted Temporary Uses
   1. Temporary office, model home or model apartment, and related signs, both incidental and necessary for the sale, rental, or lease of real property in the district. Maximum duration: 18 months.
   2. Non-commercial concrete batching plant, both incidental and necessary to construction in the district. Maximum duration: 18 months.
   3. Temporary building or yard for construction materials and equipment, both incidental and necessary to construction in the district. Maximum duration: 18 months.
   4. Parking lot designated for a special event in a district. Maximum duration: 3 days.
   5. Parking of recreational vehicles in the front yard for visitation. Maximum duration: 7 consecutive days, with a maximum total of 14 days per year. A permit shall not be required for this temporary use.
   6. Mobile home as a temporary office during the period of construction and development. Maximum duration: 18 months.
   7. Moving and storage containers parked in the front yard. Maximum duration: 30 days. A permit shall not be required for this temporary use.
   8. Other similar uses deemed temporary by the Board of Zoning Appeals and attached with such time period, conditions and safeguards as the Board may deem necessary.
4. Standards
   1. Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
   2. No public address systems or other noise producing devices shall be permitted in a residential district.
   3. Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
   4. Signs shall not flash or blink or resemble traffic and emergency warning signals, and shall be limited in size to twenty (20) square feet each in number to three signs.
   5. The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
      

Central garbage and rubbish collection facilities, including recycling facilities, composting operations and refuse incinerators, shall be permitted subject to the following conditions:

1. Unloading areas for materials shall not be less than 50 feet from any adjoining property, unless unloading is conducted entirely within a building.
2. Portions of a site used for truck maneuvering or the storage, bailing, processing, or other handling of materials must be enclosed by an opaque fence or wall within a non-glare finish not less than 6 feet in height.
3. Loading and unloading areas must be paved.
4. The site must be kept clear of litter, scrap paper, or other refuse matter.
5. Chemical or heating processes shall not be conducted on materials.

1. ABC Sales for On-Premise Consumption.
   1. A restaurant with ABC sales where food sales constitute more than 60 percent of the gross sales receipts in the B-1, B-2, B-3, B-R, or P-D zoning districts shall comply with the following:
      1. The applicant must be licensed and in good standing with the Alcoholic Beverage Control Administration of the State of West Virginia. Violations and enforcement actions on record at the ABCA will be considered by the Board of Zoning Appeals.
      2. Any approval granted by the Board of Zoning Appeals shall be contingent upon the safe and orderly operation of a bar that does not cause a nuisance or hazard to the area.
      3. The Board may consider evidence of public nuisance as determined by the Oak Hill Police Department or City Manager at a duly advertised public hearing to review the Conditional Use Permit, which may be revoked if the Board finds the above conditions are not being met.
   2. A bar, nightclub, private club, or tavern in the B-1, B-2, B-3, B-R, or P-D zoning districts shall comply with the following:
      1. The applicant must be licensed and in good standing with the Alcoholic Beverage Control Administration of the State of West Virginia. Violations and enforcement actions on record at the ABCA will be considered by the Board of Zoning Appeals.
      2. Any approval granted by the Board of Zoning Appeals shall be contingent upon the safe and orderly operation of a bar that does not cause a nuisance or hazard to the area.
      3. The Board may consider evidence of public nuisance as determined by the Oak Hill Police Department or City Manager at a duly advertised public hearing to review the Conditional Use Permit, which may be revoked if the Board finds the above conditions are not being met.
2. ABC Sales for Off-Premise Consumption.
   1. As part of a request for Conditional Use Permit, the applicant shall provide information necessary for the Zoning Enforcement Officer to conduct research regarding relevant licensing and enforcement activity at the Alcoholic Beverage Control Administration of the State of West Virginia.
   2. In reaching a decision, the Board of Zoning Appeals may consider past violations and enforcement actions on record at the ABCA.
   3. The Board of Zoning Appeals may give special consideration to the potential impacts on parks and public spaces.
      

Adult book stores, adult videotape stores, adult motion picture theaters, and adult entertainment establishments shall comply with the following:

1. Such uses shall not be located within 1000 feet of each other.
2. Such uses shall not be located within 500 feet of a residential district.
3. Such uses shall not be located within 500 feet of a school, park, library, or religious institution.
4. Advertisements, displays, or other promotional materials depicting, describing or relating to "Specified sexual activities" (as defined in this title) or "Specified anatomical areas" (as defined in this title) shall not be visible from a public sidewalk.
5. All doors, windows and other apertures shall be located, covered or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.
   

1. Regulations for estate, garage, and yard sales are within OHMC 5.02, Garage and Rummage Sales.
2. Auctions shall comply with the following:
   1. No outdoor storage shall be permitted for any auction
   2. The use shall not constitute a nuisance because of traffic or noise.
   3. An auction may be held in any zoning district as an accessory use up to two times per calendar year.
      

1. Rock and stone crushing, and mixing stone or gravel with asphaltic oils or other binders shall be prohibited in all districts except heavy industrial districts and shall be permitted in an industrial district only upon authorization by Council as a special exception under the conditions set forth under OHMC 15.38.010. However, the above shall not prevent issuance by Council of a temporary permit under OHMC 15.38.100 for a mixing plant in connection with a particular construction project for the period of its construction.
2. A quarry for the removal of stone in bulk without crushing a sand or gravel pit and topsoil removal may be authorized by Council in a Rural Residence District R-R as a special exception under the conditions as set forth in OHMC 15.38.010, provided:
   1. No excavation, blasting or stock piling of materials shall be located within 300 feet of any public road or other property line.,
   2. No power-activated sorting machinery or equipment shall be located within 600 feet of any public road or other property line and all such machinery shall be equipped with satisfactory dust elimination devices.
   3. All excavation slopes in excess of one to two shall be adequately fenced as determined by the City Manager.
   4. Extension of an existing nonconforming quarrying operation shall not be permitted.
3. Major excavating, grading or filling as defined herein shall not be permitted in any district except when done by a duly constituted public body or as provided in Part B hereof.
4. Earth landfills shall comply with the following:
   1. A conditional use permit shall be required for a landfill covering an area of one acre or more and for landfills covering smaller areas if determined to be necessary by the City Manager due to fill depth or possible impact on drainage in neighboring areas. Approval shall be obtained from the City Manager, City Code Enforcement Officer, and the Director of Public Works, after finding that the requirements and restrictions set forth below have been or will be complied with, and prior to action by the BZA. In this Part, a landfill shall not include that which takes place as a normal part of landscaping on an individual lot in conjunction with an improvement for which a building permit has been obtained. Furthermore, this Part on landfills does not authorize the establishment or operation of a sanitary landfill.
   2. The owner or operator of the proposed landfill site shall submit to the BZA for its consideration an adequately detailed map showing the area to be filled, together with a site plan showing the proposed work to be done and topography upon completion, including location of existing and proposed drains and sewers, the type of materials to be used, re-vegetation plans, and any other information requested by the BZA.
   3. A description of hauling routes to the landfill shall be provided by the applicant for review by City officials for load capacities and their relation to residential streets, areas, etc.
   4. All landfills shall consist of excavated earth, stone, brick, concrete, fly ash or other solid materials approved by the City Manager. No garbage or rubbish shall be in landfills, and no trees, stumps, or wood of any kind shall be used in such fills without the expressed permission of the City Manager. Existing trees, brush and shrubs shall be removed to ground level from the fill area.
   5. Where deemed necessary, the BZA may require that a fence or other barrier or signs be erected to stop or discourage unauthorized filling on the site. Also, the BZA may require, in the case of long-term or large operations, a vegetative or privacy fence to eliminate eyesore potential.
   6. The owner and operator shall be responsible for abating any nuisances that occur as a result of the operation of the site.

(Ord. 7-5-77)

Plans for the erection or structural alteration of drive-in business establishments as herein defined shall be submitted to the Planning Commission for approval. The Commission may require such changes therein in relation to yards, driveways, driveway entrances and exits, and the location and height of buildings and enclosures as it may deem best suited to insure safety, to minimize traffic hazards or difficulties, and to safeguard adjacent properties.

(Ord. 7-5-77)

The storage of alcohol, gasoline, crude oil, liquefied petroleum gas and/or other highly flammable liquid in aboveground tanks with a unit capacity greater than 550 gallons shall be prohibited in all districts unless such tanks up to and including 10,000 gallons capacity are placed not less than fifty feet from all property lines and unless all such tanks of more than 10,000 gallons capacity are placed not less than 100 feet from all property lines. All tanks having a capacity greater than 550 gallons shall be properly dyked with earthen dykes having a capacity not less than one and one-half times the capacity of the tank or tanks surrounded.

(Ord. 7-5-77)

1. No cesspool or drilled sink shall be permitted.
2. In Rural Residence Districts R-R where a public sanitary sewer main is not reasonably accessible in the opinion of the Planning Commission, other proper provisions approved by the Commission shall be made for the disposal of sanitary waste. Individual septic tanks may be permitted in the case of lots of not less than one-fourth acre in area provided:
   1. No such septic tank shall be permitted in low swampy areas with a high water table (permanent, fluctuating or seasonal), areas with ledge rock or areas that are subject to flooding.
   2. All septic tank installations shall otherwise conform to the requirements of the County Health Department.

(Ord. 7-5-77)

A private swimming pool installed or maintained as an accessory use in a residential district shall meet the following requirements:

1. It shall be used only as an accessory use to a dwelling or to a conditional permit use in a Residence District for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.
2. Any such pool with walls greater than 4 feet high which is installed less than 100 feet from any property line shall be completely enclosed by a security fence not less than four feet in height, with all gates or doors opening through such enclosure equipped with devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use, of a type approved by the Zoning Enforcement Officer.
3. Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the County Health Department as relating to public swimming pools.
4. Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.
5. No permission shall be granted for the installation of any swimming pool greater than 5,000 gallons until the owner has filed with the Zoning Enforcement Officer a statement that provisions for the drainage of such pool are adequate.

(Ord. 9-10-12)

In a Rural Residence District R-R, Government Business District G-B, Government Recreational District G-R, Central Business District B-1, General Business District B-2, and Highway Business District B-3, the City Manager may issue a permit for activities that temporarily draw large numbers of participants and/or spectators compared to day-to-day activities, including the following:

1. Animal shows or competitions.
2. Automobile, crafts, or firearms fairs and shows operated by independently-owned vendors.
3. Charity or not-for-profit events.
4. Concerts, rallies, or live entertainment events.
5. Conferences or meeting events.
6. Endurance events including runners, bikers, or water competition.
7. Fairs, carnivals, or circuses.
8. Interactive animal exhibits including petting zoos.
9. Marches, parades, and processions.
10. Motor sports including all-terrain vehicles.
11. Sports involving firearms, pneumatic weapons, or archery.
12. Other activities upon approval by City Council.

(Passed 6-12-17.)

1. Minimum Floor Area. Every dwelling unit must contain a minimum gross floor area not less than 150 square feet for the first occupant and 100 square feet for each additional occupant. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant.
2. Cellar Occupancy Prohibited. No person shall occupy all or any part of a cellar for sleeping purposes.
3. Basement Occupancy. Any basement area used for living purposes shall not have less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the area, opening to the outside, equal to not less than one-tenth of the floor area of such room. (Ord. 7-5-77)
4. Private Garages or Accessory Buildings. Existing private garage apartments or accessory buildings may be rented as dwellings. New construction private garage apartments or accessory buildings may be rented as dwellings provided they meet the requirements of Part A hereof and other applicable lot restrictions contained herein.
5. The conversion of single-family residential dwellings to two-family residential dwellings or duplex dwellings shall comply with the following:
   1. The maximum number of dwelling units after conversion is limited to two (2).
   2. Each dwelling unit shall contain within the unit a complete kitchen, toilet and bathing facility; shared facilities shall not be permitted.
   3. The appearance of a single-family dwelling unit shall be maintained. For the converted structure, necessary changes in the number or placement of windows to provide adequate light and air will be allowed but shall be minimized; any changes which occur shall be consistent with the architectural character of the dwelling. No staircases shall be allowed in the front of buildings to access upper floors.
   4. Except for parking in driveways, no parking spaces shall be located in the front yard. Parking areas shall be designed so that each vehicle has access to the street without the necessity of moving another vehicle. All newly constructed driveways and parking spaces shall be set back a minimum of five (5) feet from all property lines.
   5. Off-street parking improvements shall be provided at a ratio of up to two (2) spaces per unit.
   6. Garbage and refuse pickup and other utility areas shall be provided and located so as not to detract from the aesthetic character of the neighborhood and shall be enclosed and shielded from view by fencing, walls, or shrubbery.
   7. Certification of adequate sewer and water services for each dwelling unit shall be provided by the applicant.
   8. Basement or cellar dwelling units shall be permitted only if all exterior walls of the dwelling unit are at least four (4) feet above the average finished grade level of the adjoining ground.
   9. The conversion shall comply with the intensity of use regulations for the zoning district.
6. Overstore dwelling units shall comply with the following:
   1. The total gross floor area of such units cannot equal or exceed the total gross floor area of the office or commercial portion of the building. If the total gross floor area of the residential portion exceeds that of the non-residential portion, then the residential use shall be considered the principal use of the land and shall be considered a mixed-use dwelling.
   2. Parking shall be in accordance with the commercial or office use of the building. Tenants of the residential portion of the building shall be allowed to freely use the parking lot associated with the non-residential portion of the building.
   3. No such units may be on the ground floor of any building.
      

Helipads or heliports as a conditional use shall comply with the following:

1. A helipad or heliport shall not create a nuisance due to traffic, noise, or proximity to a residential zoning district.
2. Proposals shall be approved by the Federal Aviation Administration and a report submitted to the planning Commission prior to action.
3. A helipad or heliport shall be located so as to minimize the potential risk to the public and shall have flight paths that also minimize such risk, especially for the last 300 feet horizontal of the actual direction of approach.

Outdoor storage of wrecked, junked and/or abandoned vehicles is a conditional use permitted in zoning districts B-3, or IND. Special provisions would include but not be limited to:

1. Vehicles which are to be repaired and are awaiting parts or vehicles which are to be released pending an investigation, insurance or otherwise, may be stored up to thirty days inside a solid fenced area.
2. Fences.
   
   1. Fence height shall be no less than eight feet, but will be determined as a condition of the conditional use permit.
   2. Fences shall be kept in good order and repair and no advertisement shall be permitted thereon other than the name of the license and the nature of the business conducted on the premises. The fence shall be of such height as effectively to screen the stored vehicles contained therein, and shall be constructed of wood, metal or such material as may be approved by the City Manager. Fences shall be maintained in a manner satisfactory to the City Manager.
      
   3. Fences must be located in such a manner as to not be hazardous to the public.
   4. The construction of fences shall be uniform and no patchwork type of construction shall be permitted.
      
   5. Fences shall be painted where the composition is such that painting is required. The paint used shall be of such color as to blend into the surrounding neighborhood of the yard.
      
   6. Gates shall be of the same height as the component fence and shall be opened only for the purpose of permitting ingress and egress to and from the enclosure.
   7. The City Manager shall have the right to make determinations as to whether the contents of the fenced area are effectively screened b y the fencing employed.
3. The maximum number of vehicles stored at any one time will be eight.
4. Setback requirements will be determined as a condition of the special use permit and in conformance with setback requirements for the particular zoning district.
   
5. A facility for the storage of wrecked, junked and/or abandoned vehicles shall be operated by, and adjacent to or on the premises of, a permitted and licensed automobile wrecker service or public garage in B-3 or IND districts, as the facility compliments those uses. Such facilities that do not meet this requirement shall be considered salvage yards and are only permitted by conditional use if licensed and located within an IND district.
   

(Ord. 7-2-91)

HISTORY

Amended and Adopted 2/10/2020

1. Bed and breakfast inns shall comply with the following:
   1. The structure should be virtually indistinguishable from the surrounding houses;
   2. Breakfast (or brunch) shall be the only meal served;
   3. The meal shall be served to overnight guests only;
   4. Cooking facilities in the rooms shall be prohibited;
   5. Bed and breakfast inns shall be owner-occupied;
      
   6. Parking must be paved and drained as approved by the City Manager, and at a ratio of 1 space per guest room plus 2 spaces for the resident family or innkeeper;
      
   7. Not more than two identification signs with a total area of 2 square feet may be used. Wall signs shall not be internally illuminated.

Amended 11/08/2021

1. Family day care facilities and family day care homes shall comply with the following:
   1. The Fayette County Health Department shall approve the proposed plans
   2. The City Manager and Zoning Enforcement Officer shall approve the proposed plans.
   3. The use shall not constitute a nuisance because of traffic, the number of persons being cared for, noise, or types of physical activity. Identified nuisances may result in voiding of the permit for the use.
   4. One off-street, drop-off/pick-up area shall be provided for up to 15 individuals cared for, and two such areas shall be provided for 16-50 individuals cared for. Such area(s) must be so located as to not require the individuals to cross a parking lot, street, or other vehicular traffic area, and the site plan for such areas(s) must be approved by the Traffic Engineer.
   5. Shall be considered an accessory use when associated with a religious institution.
      

1. Limited Video Lottery Establishments (LVL) are any establishments within the City in which limited video lottery machines are operated.
   1. Prior to limited video lottery machines being operated in an establishment within the City, an application shall be filed with the City Tax and License Department and the applicant shall apply for a conditional use permit through the City Board of Zoning Appeals.
   2. Limited video lottery establishments shall be permitted in the City’s B-2 Zoning, Highway Business District, B-3 Highway Business District, and B-R Recreation Business District by a conditional use permit approved by the City Board of Zoning Appeals:
      1. The limited video lottery establishment shall not be located within 300 feet of a residence, church or place of worship, school, park, community or recreation facility, or other limited video lottery establishment.
      2. The 300 feet from a school, park, community or recreation facility, or residence shall be measured in a straight line from the nearest point of the wall of a limited video lottery establishment to the nearest property line of a school, park, community or recreation facility, or residence.
      3. The 300 feet from a church or place of worship shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a limited video lottery is conducted to the nearest point of a wall of a building in which church worship services or related activities are conducted.
      4. The 300 feet from another limited video lottery establishment shall be measured in a straight line from the nearest point of the wall of the portion of the building in which a limited video lottery is conducted to the nearest point of a wall in which another limited video lottery may be conducted.
   3. The provisions thereof shall not be deemed applicable to any limited video lottery establishment that was in operation as of July 7, 2004.
      

1. Group housing developments shall comply with the following:
   1. An application for approval of a group housing development must be accompanied by an overall development plan which shall include, at a minimum, the following:
      1. A site map or maps drawn to scale showing:
         1. Existing and proposed contours at intervals of five feet; and
         2. Proposed street system including driveways, curb cuts, and parking areas; and
         3. Proposed location of buildings, fences, plantings, pedestrian walkways, and open areas; and
         4. Proposed locations of any external lighting and signs; and
         5. Location of essential services; and
         6. A grading plan, if in the opinion of the City Manager there are indications of a potential runoff problem, such as steep topography, hillside areas to be graded, or neighboring built-up areas below the proposed project site.
      2. A tabulation of the:
         1. Total area of the premises; and
         2. Area of land per dwelling unit; and
         3. Area of land devoted to open space; and
         4. Number of proposed parking spaces; and
         5. Number of dwelling units by bedroom type.
      3. A map showing the location of the site in relation to the surrounding neighborhood.
      4. Architectural sketches at an appropriate scale showing building elevations (front and side) and proposed use.
      5. A statement of intent to dedicate interior streets.
   2. The Planning Commission shall review any filed plans for a group housing development according to the following standards:
      1. General conformance with the Zoning title, with the exception of requested waivers or variances pertaining to spacing between buildings, setbacks from interior streets, or street grade: The plan must demonstrate that proposed uses conform to those permitted in the district, that open spaces to be provided meet the minimum requirements of the district, that off-street parking and loading facilities meet the requirements of this title, and that the plan complies with all other general or special requirements of this title.
      2. Sanitary facilities: The sanitary services and facilities plan shall be reviewed by, and a report received from, the Sanitary Board prior to action by the Commission.
      3. Utilities: The plan must demonstrate the availability of necessary utility services.
      4. Off-site impact: The plan must demonstrate that light, heat, glare, or any other use or activity on the subject property shall not deleteriously affect nor discourage orderly development of adjacent properties.
      5. General conformance with the Subdivision Regulations and drainage considerations: The plan must demonstrate that the streets conform with the provisions of the Subdivision Regulations. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, from probability of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances, or inconveniences. The condition of the soil, ground water level, topography, and drainage plans shall be appropriate to both kind and pattern of intended use. These matters shall be reviewed by, and a report received from, the City Manager prior to action by the BZA
      6. Site planning: The site shall be planned to provide for good functional relationships between buildings, parking areas, and recreation areas. In addition, the site shall be planned to take advantage of open space and views in such a way as to enhance the livability of the development.
      7. Fire protection: The plan must make adequate provision for, or demonstrate the availability of, necessary fire protection. The plan shall be reviewed by, and a report received from, the Fire Chief prior to action by the Commission.
      8. Drainage: The drainage provisions for the group housing development must meet the approval of the City Manager.
   3. The BZA is hereby authorized to grant variances where necessary to fulfill the intent of this Part on group housing developments, limited to the spacing between buildings, setbacks from interior streets, or street grade.
   4. Setbacks shall be as required in the district where the project is located. Within the required site, the minimum setback from streets shall be 15 feet.
   5. Through driveways and uncovered parking areas shall be separated from buildings by at least five feet.
   6. The applicant and his successors in interest shall be bound by the plans and conditions prescribed for approval. The approved final plan and stage development schedule shall control the issuance of all building permits and shall restrict the nature, location, and design of all uses. Minor changes in an approved plan, including minor scheduling changes, may be approved by the Zoning Enforcement Officer if such changes are consistent with the purposes and general character of the group housing development plan and if such changes do not:
      1. Increase the ratio of dwelling units to the total area of the premises; or
      2. Reduce substantially open spaces between buildings or setbacks from lot lines; or
      3. Increase external effects on adjacent properties; or
      4. Reduce off-street parking or loading spaces; or
      5. Change substantially any provisions for essential services; or
      6. Violate any applicable minimum requirements of this title.
   7. Major changes, modifications, or amendments to an approved plan shall require a new application. The approval of a group housing development may be revoked by a majority vote of the BZA, following a special public hearing and a finding that any of the provisions of this title have been or are being violated. The BZA may reinstate approval of the project when it is satisfied that the provisions of this title will be complied with. If approval of the project is permanently revoked, a request to resume the project shall be treated as a new application.
      

1. Indoor self-storage facilities shall comply with the following:
   1. Outdoor storage at the proposed site requires a buffering plan to be submitted to the Planning Commission.
   2. In cases where there is a proposed re-use of an existing building, the Planning Commission may require architectural features such as window treatments, etc. to be preserved to protect the character of the building.
      

1. Within junkyards or conditionally permitted in IND, Industrial Development Districts, all junk shall be totally obscured from the ordinary view of persons driving on a public street, road, or highway. The view may be obscured by topography; or an opaque fence at least six (6) feet in height shall be so constructed and maintained as to screen the junk from view. If provided, the fence must be kept in good order and repair.
2. All state and federal guidelines shall be followed in addition to or in absence of the City’s regulations.
3. If found to be in violation of this title, conditional use permit may be declared void.
   

1. The Fayette County Health Department shall approve the plans for all kennels prior to the issuance of any Zoning Permit.
   

1. The Zoning Officer or his/her designee may approve a permit for the keeping of fowl for a onetime, fifty dollar ($50.00) fee in R-1, Low Density Residential District, R-2 Medium Density Residential District, R-3 High Density Residential District, B1 Central Business District, B2 General Business District, B3 Highway Business District, RR Rural Residence District, BR Recreational Business District, and IND Industrial Development District. The permit holder shall comply with the following:
   1. The keeping of fowl shall be explicitly for non-commercial use.
   2. The permit is valid only at the location specified upon the application and only as long as the applicant is responsible for the keeping of fowl.
      
   3. Any resulting product of the fowl (such as eggs) can only be for personal consumption and not sold for profit.
   4. The fowl permitted are hens, ducks, or any combination of both, up to a total number of six (6) per permitted premises.
   5. Keeping of male chickens (roosters) over four (4) months of age are prohibited.
   6. No other type of fowl is permitted.
   7. The fowl must be kept in a pen, coop, or enclosure no less than twenty-five (25) feet from any neighboring structure owned by another person or corporation.
   8. Said pen, coop, or enclosure shall be a minimum of ten (10) square feet in size per each fowl kept on the premises and comply with all setback requirements.
   9. Any violations of OHMC 9.08.030, or stipulations herein enumerated, upon the permitted premises shall immediately nullify the permit.
      
   10. The landlord and tenant are required to be co-applicants for a permit to be considered for rental property and the permit expires at such time the applicant tenant vacates the premises or the applicant landlord no longer owns the premises.
   11. The permit shall not transfer with the property.
       

Amended 11/08/2021

1. Mini-storage facilities shall comply with the following:
   1. The site coverage shall not exceed 75 percent;
   2. When deemed necessary to protect the character of the neighborhood, the BZA may require an appropriate height opaque fence or wall;
   3. Parking shall be provided at a ratio of one space per employee.
      

1. Automobile wrecker services shall comply with the following:
   1. Storage areas shall be screened from view by a minimum 6-foot-high opaque fence or wall.
   2. Vehicles may be stored on premises for a maximum of 60 days.
   3. Storage areas must be paved.
      

1. Drive-in movie theaters shall comply with the following:
   1. The location of projection screens shall not interfere with surrounding areas or traffic flow.
   2. An area capable of storing at least one-third as many cars as can be accommodated within the parking area shall be provided for waiting vehicles away from the flow of incoming or outgoing traffic.
      

1. Nursing homes shall comply with the following:
   1. The proposed plan shall be approved by the Fayette County Health Department, prior to action on the application.
   2. Such use shall not constitute a nuisance because of traffic generated.
      

1. Oil or gas well operations shall comply with the following:
   1. These regulations shall apply to the drilling of new wells as well as re-drilling, fracturing, or other procedures for the extraction of or obtaining sources of oil or gas.
   2. The City Manager shall submit to the BZA a written report on the adequacy of drainage provisions for natural or created water at and near the site, prior to action on the application by the BZA.
   3. The applicant shall provide proof of State permit approval.
   4. No well operation shall be permitted within 500 feet of any dwelling unit, church, school, nursing home, hospital, or sanitarium.
      

1. Recreational sports facility, group shall comply with the following:
   1. Arena, auditorium, or stadium:
      1. Primary means of access to the use shall not be by local streets in residential areas.
      2. Lighting of the facility shall not interfere with surrounding areas or traffic flow.
      3. Where deemed necessary by the BZA, in order to protect adjoining property or the safety of users of the facility, fencing of the facility shall be required.
         

1. The re-use of a structure previously used for non-residential purposes and listed on the National Register of Historic Places shall comply with the following:
   1. Uses shall be limited to the following:
      1. Professional offices such as architects, brokers, counselors, clergy, engineers, insurance agents, real estate agents, lawyers, accountants, editors, publishers, journalists, salespersons, travel agents, and psychologists including such accessory uses that would permit the general public access to the historic structure for community events.
      2. The BZA shall make the determination whether an unlisted use is similar to a listed permitted use.
   2. The following performance standards shall be met:
      1. The use shall be maintained in an existing structure.
      2. Any exterior renovations shall be compatible and comply with the Secretary of the Interior’s Standards for Rehabilitation.
      3. No goods, wares, or merchandise shall be commercially stored, displayed, created, exchanged, or sold on the premises.
      4. The use may not create a nuisance due to noise, vibration, smoke, electrical interference, dust, heat, glare, or obnoxious odor.
      5. No outside storage of equipment or materials shall be permitted.
      6. Garbage collection areas shall be completely screened from view.
      7. One monument sign not to exceed 12 square feet shall be permitted. The sign shall be reasonably landscaped and properly maintained.
      8. The BZA may limit the hours of operation.
      9. The BZA may limit the hours that delivery vehicles used to deliver goods are permitted.
      10. Requirements for parking shall conform to parking and loading regulations.
          

1. Sewage or solid waste disposal, including refuse incineration, sewage treatment plant, or industrial waste disposal shall comply with the following:
   1. The proposed plan shall be reviewed by and a report received from the Sanitary Board Manager or Director of Public Works, whichever is appropriate, prior to action on the application.
      

1. Community swimming pools shall comply with the following:
   1. No pool or accessory facilities shall be located less than 100 feet from any lot line of a residential district.
   2. The Fayette County Health Department shall certify the adequacy of the locations and the capacities of toilet, shower and dressing facilities for bathers and the adequacy of the proposed pool purification system.
   3. The use in a residential district of any radio, recording device, public address system or other speaker shall be restricted solely to that necessary for safety purposes of organized sport activities, and shall not be used for the playing out-of-doors of music or other entertainment.
   4. The pool or zoning lot shall be surrounded by a wall or fence no less than 6 feet high, nor more than 10 feet high, which can be locked when the pool is not guarded.
      

1. Travel trailer and recreational vehicle parks shall comply with the following:
   1. The maximum period of time that any trailer may be located in a travel trailer park shall be 14 days.
   2. Within a travel trailer and recreational vehicle park, trailers and recreational vehicles shall be spaced a minimum of 15 feet apart.
   3. The park shall provide water, sewage, and electric hook-ups for each trailer. Each park shall have toilet and shower facilities available for use by trailer and recreational vehicle occupants, and such facilities shall be reviewed and approved by the Fayette County Health Department prior to final action. All utilities shall meet the requirements of the Oak Hill Sanitary Board.
   4. The park shall contain drainage facilities in accordance with requirements of the City Manager.
   5. Where deemed appropriate by the BZA, a travel trailer park shall be screened from adjoining properties by a 6 foot high opaque fence.
      

1. Go-cart tracks and shooting ranges (outdoor) shall comply with the following:
   1. Outdoor facilities must not constitute a noise nuisance.
   2. Outdoor facilities may not be located within 200 feet to an adjacent residential district.
      

1. Personal Services Establishments:
   1. Operators shall be in compliance with all licensing requirements of the State of WV.
   2. Beauty and Barber Shops in the R-R, R-2, and R-3 districts shall offer nail and other services only as accessory to the primary services offered by the establishment.
   3. Retail sales of products shall be accessory to the primary services of the establishment and shall not constitute more than 25% of the total sales volume of the establishment.
      

1. An Adaptive reuse of a nonresidential structure in a residential district shall be regulated as follows:
   1. The Board of Zoning Appeals must determine the use is compatible with area.
   2. The Board of Zoning Appeals may limit the hours of operation and/or impose other conditions to fit the particular site under review.
   3. The use shall be maintained in an existing structure. Additions must comply with the setback requirements of the district in which the building is located.
   4. No outside storage of equipment or materials is permitted.
   5. The use shall not create a nuisance due to noise, vibrations, smoke, electrical interference, dust, heat, glare, or obnoxious odor.
   6. The structure proposed for the adaptive reuse must have historic, architectural, or economic value to the City justifying renovation and preservation, as determined by the Board of Zoning Appeals.
   7. The Board of Zoning Appeals must determine that the long-term benefits of the proposed adaptive reuse outweigh any negative impact on the surrounding neighborhood and on the City, as compared with the alternative of having the structure demolished or remaining vacant and underutilized.
   8. The use shall not create unacceptable congestion or traffic hazards on the neighboring streets.
   9. Eligible reuses include: Art Gallery, Assisted Living Facility, Bed and Breakfast, Medical Clinic or Dental, Multi Family Dwelling, Laboratory, Museum, Nursing Home, Professional Service Establishment, Professional Office. For any other uses not listed, the Board of Zoning Appeals shall determine whether the proposed use is similar as those listed and similar in terms of impact on the neighborhood. A change in use from one eligible use to another requires a new conditional use permit.
   10. Renovations shall not be so extensive as to strip the building of its historic integrity. Character defining features of historic buildings shall remain intact.
       

1. Urban Agriculture in any district shall be regulated as follows:
   1. The Board of Zoning Appeals must determine the Urban Farm use is compatible with area and land use.
   2. The Board of Zoning Appeals may limit the Urban Farm hours of operation.
   3. The use shall not create a nuisance due to noise, smoke, electrical interference, dust, or obnoxious odor.
   4. The use shall not create unacceptable congestion or traffic hazards on the neighboring streets.
   5. Land devoted to agricultural use shall be well-maintained, regularly cleared of debris and free of excessively tall weeds and grass (inspection code). Urban Agricultural uses may include greenhouses as accessory structures, subject to applicable setbacks, and shall also be well maintained.
   6. Honeybees may be kept as an accessory use. Ownership, care and control of the honeybees shall be the responsibility of a resident of the dwelling on the lot. A maximum of three (3) colonies may be kept on lots smaller than one acre (although health regulations may further limit the number and/or manner of keeping of bees on lots). Structures for honeybees are subject to accessory structure setback requirements. Honeybees and beekeeping materials are not permitted in front yards.
   7. Roof farms must receive a building permit. All applicable West Virginia building and fire codes must be met.
   8. Commercial farming/greenhouse, including but not limited to aquaponic and hydroponic farming, is permitted only in R-R Rural Residential District, B-2 General Business District, B-3 Highway Business District, and B-R Recreational Business District.
   9. Farms and greenhouses shall be subject to building code requirements and any applicable rules and regulations.
   10. Hoop houses, cold frames, or other similar structures shall be allowed as accessory structures subject to the building code and subject to the zoning title, and the cover shall be removed and stored when plants are not being cultivated.
       

1. Donation Collection Bins in any B-1, B-2, B-3, B-R, and IND district shall be regulated as follows:
   1. Donation Collection Bins shall not be visible from public rights-of-way.
   2. Donation Collection Bins shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;
   3. Donation Collection Bins shall be locked or otherwise secured;
   4. Donation Collection Bins shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator;
   5. Donation Collection Bins shall be serviced and emptied as needed, but at least once per week, or within five business days of a request by the Zoning Enforcement Officer.
   6. The owner shall maintain or cause to be maintained the area surrounding the Donation Collection Bins free of any junk, garbage, trash, debris or other refuse material.
   7. The owner shall be individually and severally responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the Donation Collection Bins within twenty-four hours of written or verbal notice from the city.
   8. The permittee and operator shall be individually and severally responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material from the area surrounding the Donation Collection Bin.
   9. It shall be unlawful for any property owner or operator to place a Donation Collection Bin in any residential district.
   10. No Donation Collection Bin shall be placed within four hundred feet from another Donation Collection Bin.
   11. No Donation Collection Bin shall be placed on required parking spaces or within the vision triangle.
   12. No more than one Donation Collection Bin shall be placed on each parcel of real property.
   13. Temporary Donation Collection Bins shall be allowed by temporary permit for no more than 30 consecutive days within a one-year period.
       

1. Smoke Shop, Vape Store and Tobacco Store
   1. It shall be unlawful to operate a smoke shop, vape store or tobacco store within 1500 feet of an existing smoke shop, vape store or tobacco store, day care center, school or public park and recreation area, church, mosque, temple, or synagogue, or other building used as a place of religious worship or instruction.
   2. Measurement Distance. Distance shall be measured in a straight line, without regard to intervening structures, from the closest property line of the smoke shop, vape store or tobacco store to the closest property line of the other smoke shop, vape store or tobacco store, day care center, school or public park and recreation area, church, mosque, temple, or synagogue, or other building used as a place of religious worship or instruction.
   3. Nonconforming and Conditional Use Status; Time Limitation.
2. Upon the adoption of this ordinance, any smoke shop, vape store or tobacco store, as defined in section 15.04.010 of the city Municipal Code, that is within 1500 feet of an existing smoke shop/ tobacco store, day care center, school, or public park and recreation area shall become a lawful nonconforming use and be subject to all nonconforming use restrictions, except that, if any nonconforming smoke shop, vape store or tobacco store ceases operation for a period of 360 days or more regardless of any intent to resume operation, it may not recommence operation in that location.
3. A lawfully operating smoke shop, vape store or tobacco store shall not be rendered a nonconforming use by the subsequent location of another smoke shop, day care center, school, or public park and recreation area within 1500 feet; however, if the smoke shop, vape store or tobacco store ceases operation for a period of 360 days or more regardless of any intent to resume operation, it may not recommence operation in that location.
4. Upon the adoption of this ordinance, any smoke shop, vape store or tobacco store, as defined in section 15.04.010 of the city ordinance, that is located within a Central Business District B-1, General Business District B-2 or Highway Business District B-3 shall become a lawful conditional use and subject to all conditional use restrictions, whether general or for the district.
5. Shall conform with all Federal, State, and Local laws related to the sale of electronic cigarettes, tobacco products, and other vape products both natural and synthetic.