Ontario City Zoning Code
CHAPTER 1145
General Provisions
1145.01 ACCESSORY BUILDINGS, PORCHES, PATIOS AND USES.
Accessory buildings shall be subject to the following regulations:
(a) Where the accessory building is structurally attached to the main building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to the main building.
(b) Accessory buildings shall not be erected in any required yard but the rear yard.
(Ord. 01-50. Passed 12-6-01.)
(c) (1) No detached accessory building, porches or patios shall be located closer than five feet (5') to any side or rear lot line. In no case shall an accessory building be located within a dedicated easement or right-of-way.
(Ord. 15-22. Passed 7-2-15.)
(2) Where an accessory building is located on a corner lot, said building shall not project beyond the minimum front yard setback line on either street.
(d) (1) No detached accessory building in a Residential District shall exceed one (1) story or fourteen feet (14’) in height.
(2) Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said districts, subject to approval by the City Planning Commission.
(e) When an accessory building in any Office, Business or Industrial District is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the City Planning Commission.
(f) Satellite dish antennas up to twelve feet (12’) in diameter, when mounted on the ground are subject to the following requirements:
(1) All installations must comply with all minimum yard setback requirements established for the district in which the installation is to be located.
(2) All installations shall include a greenbelt according to the requirements set forth in Section 1145.12, “Greenbelts.” The greenbelt shall be located along the antenna’s non-reception window axes and low-level landscaping along the reception window axes of the antenna’s base. Such greenbelt shall completely enclose the antenna.
(3) Roof mounted satellite dish antennas up to twelve feet (12’) in diameter shall not be located at a height that exceeds the maximum height restriction established for permitted uses within the zoning district where the installation is to located.
(Ord. 01-50. Passed 12-6-01.)
(g) Shipping containers, railcars, cargo boxes and the like are prohibited in all residential districts and office service districts and are restricted to their intended purpose in all other districts. They are also prohibited on lots any portion of which is used as a residence or office service lots and which are located in a business or industrial district.
(Ord. 21-26. Passed 6-2-21.)
1145.02 CALCULATION OF OPEN SPACE.
(a) All land devoted to meeting the minimum front, side and rear yard setback requirements shall remain under ownership of the owner of the building or structure for which the setbacks are established. Land required in connection with meeting the minimum setback requirements may not be sold to any adjoining property owner whereby such sale would reduce the amount of land below the minimum setback or area required for the zoning district in which the building or use is located.
(b) No land may be used to satisfy the minimum setback or area requirements of more than one (1) principal building.
(Ord. 01-50. Passed 12-6-01.)
1145.03 CONFLICTING REGULATIONS.
Whenever any provision of this Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this Ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed by this Ordinance, then the provisions of such ordinance shall govern.
(Ord. 01-50. Passed 12-6-01.)
1145.04 CORNER CLEARANCE.
No fence, wall, plant materials, sign or other obstruction to vision above a height of two feet (2’) from the established street grade shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty-five feet (25’) from their point of intersection.
(Ord. 01-50. Passed 12-6-01.)
1145.05 CORNER LOTS.
Corner lots in all districts shall comply with the minimum front yard setback requirement facing both streets.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.06 DEVELOPMENT.
Any development for which a zoning certificate or conditional zoning certificate has been issued shall be completed within a two (2) year period from the date the certificate was granted. Failure to complete the development within the specified period of time noted above shall constitute a violation of this Ordinance as set forth in Chapter 1159.
(Ord. 01-50. Passed 12-6-01.)
1145.07 DRIVEWAYS.
No person shall contract or permit to be constructed on property owned, leased or controlled by him/her any new driveway or other new point of ingress or egress to a public street within the City of Ontario that does not comply with the following requirements:
(a) Driveway Standards.
(1) In the R Residential Zoning District, only one (1) driveway opening shall be permitted per lot, except that lots improved with a two-family dwelling containing non-contiguous garages may have two driveways. Additional driveway openings may be permitted if they are no closer than seventy-five feet (75') from the property line and are located at least one hundred fifty feet (150') from other existing driveways. Each driveway shall not exceed twenty-four feet (24') in width measured at the right-of-way line. No curb cut shall exceed twenty-eight feet (28'). (Ord. 08-37. Passed 10-2-08.)
A. A residential drive shall have a minimum width of sixteen feet at the curb and ten feet at the back of sidewalk. The drive section between the curb and sidewalk shall be a minimum of: six inch cement concrete, or approved equal; or six inch stabilized crushed aggregate, or approved equal plus two and one-half inches asphalt surface or approved equal. The drive section between the sidewalk and the garage shall be a minimum thickness of four inch cement concrete, or approved equal; or six inch stabilized crushed aggregate or approved equal plus two and one-half inches asphalt surface, or approved equal. (Ord. 16-37. Passed 12-7-16.)
(2) In areas zoned for office, business or industrial use one (1) driveway opening shall be permitted per lot. Additional driveway openings may be permitted if they are no closer than seventy-five feet (75') from the property line and are located at least one hundred and fifty feet (150') from other existing driveways. Each driveway shall be no less than twenty-four feet (24') or more than thirty-six feet (36') wide measured at the right-of-way line, unless directed by the City Engineer. Radii or tapers shall not be less than fifteen feet (15').
(3) All driveways shall be located in accordance with the generally accepted traffic engineering standards set forth by the Ohio Department of Transportation.
(4) All driveways shall be designed to complement and not interfere with the drainage along any public street or highway.
A. Driveways on streets with no curb and gutter:
1. Driveways shall match the edge of pavement elevation and must slope away from the edge of pavement at least four feet (4’) at a minimum rate of 3/16” per foot.
2. The driveway shall provide culverts. The minimum diameter of the culvert shall be twelve inches (12”).
B. Driveways on streets with curb and gutter:
1. Driveways may drain to the street.
2. The driveway, at the edge of pavement, shall be a minimum of one inch (1”) and a maximum of two inches (2”) above the edge of pavement elevation.
(5) A. No curb shall be changed or removed in conjunction with the construction of a driveway or point of access to a public street, and no driveway, or point of access to a public street or public street right-of-way, shall be installed or modified without first having a permit from the City Service/Safety Director. This section shall not apply when the work is done by the City of Ontario, or under a contract administered by the City, or when the curb cut or new access is made with respect to property for which a site plan has been approved by the Planning Commission.
(Ord. 08-37. Passed 10-2-08.)
B. All newly installed driveways shall be concrete or paved asphalt as specified above from curb to building as of the effective date of this ordinance.
(6) Temporary Driveways. The placement and opening of temporary driveways onto a public street shall be reviewed and approved by the Service-Safety Director as part of the approval of the site plan.
(Ord. 16-37. Passed 12-7-16.)
(b) Maintenance and Repair.
(1) Responsibility. The City shall not be charged with the new installation of any driveway for the benefit of private property, nor shall the City be charged with the care, control, maintenance or repair of any private driveway even though this driveway may be in whole or in part on the public street right-of-way.
(2) Permissive improvement. The City may, through the Street Department or by contract, improve a portion of a private driveway within the street right of way and/or easement as part of repair or improvement work in the street right of way.
(Ord. 08-37. Passed 10-2-08.)
(Ord. 08-37. Passed 10-2-08.)
(3) Repair and replacement standards. The repair or replacement of a driveway within the street right-of-way shall be subject to the requirements of this chapter.
A. When an existing driveway is being improved with new concrete or asphalt and no changes in the right-of-way are being made, a permit will not be required.
B. When an existing driveway is being improved and there are changes to the width of the driveway in the right-of-way, a driveway permit will be required and issued at no charge after approval from the Service-safety Director.
C. Any time a new driveway with or without a curb cut in a residential district or any type of business district is proposed, a driveway permit and fee will be required before any work may begin on the driveway. Upon issuance of the approved permit from the City Service-safety Director, work may begin.
(Ord. 16-37. Passed 12-7-16.)
(4) Inspection of work. All work within the street right of way shall be subject to inspection by the City during its performance and upon its completion.
(Ord. 08-37. Passed 10-2-08.)
(c) Application Procedures.
(1) An application shall be filed with the City Zoning Inspector for a driveway opening. The application shall contain the following information:
(Ord. 16-37. Passed 12-7-16.)
A. Name, address and phone number of the owner, applicant and contractor.
B. Location of the work area.
C. Attached plans showing details of the proposed alterations.
D. Such other information as the City Service-Safety Director shall find reasonably necessary to make a determination of whether a permit should be granted hereunder.
(2) The City Service-Safety Director shall issue a driveway opening permit when it is determined that:
A. The plans for the proposed construction of a driveway opening have been approved by the City Engineer. The City Service-Safety Director shall forward the proposed driveway construction plans to the City Engineer within a reasonable time after receipt thereof;
B. The work shall be completed according to the standard specifications of the City for public work of like character;
C. The construction will not unreasonably interfere with vehicular or pedestrian traffic, the demand or necessity for parking spaces, and the means of ingress or egress to and from the lot affected and adjacent lots;
D. The health, safety and welfare of the public will not be unreasonably impaired; and,
E. The construction plans show that the existing surface water drainage shall be maintained or improved upon.
(Ord. 08-37. Passed 10-2-08.)
(d) Inspection of Work. Upon receipt of a permit, the City Service-Safety Director or whomever he or she may designate reserves the right to inspect upon completion.
(e) Expiration of Driveway Opening Permit. A driveway opening permit shall expire if not completed before occupancy according to Section 1145.07 driveways, and a new driveway opening permit shall be required before commencing construction or completing the work.
(Ord. 16-37. Passed 12-7-16.)
(Ord. 16-37. Passed 12-7-16.)
(f) Violation. Whoever fails to obtain a driveway opening permit as required under this Section or otherwise violates any provision of this Section is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day on which a violation occurs or continues.
(Ord. 08-37. Passed 10-2-08.)
1145.08 EXCLUSIONARY NATURE OF ZONING ORDINANCE.
This Zoning Ordinance shall be deemed to be exclusionary in nature and any use of land not specifically allowed by this Ordinance in a zoning district or overlay zoning district shall be deemed to be a use which was intentionally excluded from the zoning district or overlay zoning district.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.09 EXTERIOR LIGHTING.
General Purpose. This regulation of exterior lighting applies to both permanently installed exterior light fixtures and temporary installation of lighting for whatever purpose and is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misarranged light fixtures that produce direct glare or light trespass, and is necessary to improve or maintain nighttime public safety, utility and security.
(a) All lighting fixtures for parking areas or the external illumination of buildings or ground shall:
(1) Be directed away from and shielded from adjacent residential properties or residential zoning districts.
(2) Be arranged so as not to adversely affect driver visibility on adjacent streets.
(3) Wall-mounted lights shall be fully shielded luminaries such as shoebox or can style fixtures.
(b) All lighting fixtures designed or placed so as illuminate any portion of a lot shall meet the following requirements:
(1) The light source shall be completely concealed within an opaque housing and shall not be visible from any street.
(2) Only incandescent, fluorescent, metal halide, LED, or color corrected high- pressure sodium or approved equal may be used. The same type must be used for the same or similar types of lighting on any one site or planned unit development.
(3) Fixtures must be directed downward. Up-lighting is prohibited, except for accent lighting for buildings, signs and flag poles.
(4) When a commercial, industrial or institutional use abuts a residential use or district, all parking lot light fixtures not necessary for security or emergency purposes shall be equipped with automatic timers or turned off during nonoperating hours.
(5) For the purposes of this subsection, lighting "necessary for security or emergency purposes” shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas.
(6) No flashing, blinking, laser or moving lights shall be permitted.
(7) Electrical service to the light fixtures shall be placed underground.
(8) Outdoor lighting shall be designed to present a uniform color temperature on a site, building or development.
(c) A lighting plan is required for all uses that are required to file a development plan. The lighting plan shall demonstrate compliance with the standards of this se ction and shall include the following:
(1) Show the location of all exterior light fixtures.
(2) Specifications and drawings or photographs for all exterior light fixture types, poles and appurtenant construction.
(3) Lamp wattage/lumens for all luminaries.
(4) Cut sheets for all proposed exterior light fixtures and poles.
(5) A photometric plan illustrating the levels of illumination at ground level shall account for all light sources that impact the subject site, including light trespass from and to neighboring properties.
(d) Automobile-oriented uses such as gasoline stations, automotive service stations and drive-through facilities located within 500 feet of a residential use or district, shall install recessed ceiling fixtures in any canopy. The maximum light intensity allowed measured at 3.5 feet above grade under the canopy shall be 35 foot- candles.
(e) Maximum Height Requirements.
(1) The total height of exterior light fixtures shall not exceed the following maximum heights measured from the natural grade.
District | Maximum Height |
All Residential Districts | 20 feet |
Office and Business District | 28 feet |
Industrial Districts | 30 feet |
(2) All outdoor recreational/sports facilities must be approved by the City Planning Commission with the following standards.
A. The mounting height of outdoor recreational/sports facilities lighting fixtures shall not exceed eighty (80) feet from finished grade unless approved by the Planning Commission if there are no adverse effects on surrounding properties.
B. All outdoor recreational/sports facilities lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices).
C. The fixtures must be aimed so that their beams are directed and fall within the primary playing field or performance area so that no direct light illuminations are directed off site.
D. Light trespass values shall not exceed 0.2 foot-candle (FC) horizontal levels at 150 feet beyond the field/performance area boundary or at Residential property lines, whichever is closer.
E. A photometric plan illustrating the levels of illumination at ground level shall account for all light sources that impact the subject site, including light trespass from and to neighboring properties.
F. No outdoor recreational/sports facilities shall be illuminated after 11:00 p.m.
G. Lighting for all recreational/sports facilities shall be on a case by case basis.
H. Other requirements determined to be necessary by the Planning Commission.
(f) Light Pollution Standards. Artificially produced light that strays beyond property lines shall be considered a public nuisance when intensity levels exceed the maximum illumination levels at or beyond five (5) feet into the adjoining property as listed in chart below.
Receiving Area Use | Maximum Horizontal (foot-candles) at Grade Beyond Property Line | Maximum Vertical (foot-candles) at the Structure Height |
Residential | 0.2 | 0.8 |
Office and Business | 0.5 | 2.0 |
Industrial | 0.5 | 2.0 |
NOTE: When two differing area uses abut, the lower light level value shall take precedence along the common property line. | ||
(g) Where a fence exists that meets current Code (1145.11) within the City, that the foot candle reading be taken from fence height both horizontal and vertical measurements starting at five feet (5') from property line into adjoining property.
(h) Location.
(1) When the abutting district is an R-1 through R-3 or OS district, the distance between the structure supporting the luminaire and the property line of such zoning district shall not be less than the distance between the top of the light source and the ground below the structure or building to which the luminaire is attached.
(2) The layout of lighting shall be designed so that poles do not interfere with other elements of the approved site such as trees, landscaping, and parking.
(i) Exemptions.
(1) Holiday lighting
(2) Nothing in this Section shall apply to lighting required by the FAA or any other federal regulatory authority.
(3) Temporary construction or emergency lighting is exempt from the requirements of this Section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
(4) Government facility lighting necessary for public safety
(5) Temporary lighting used for special events organized by the City of Ontario
(6) Other temporary lighting determined to be reasonable and appropriate by the Zoning Inspector.
(Ord. 22-26. Passed 4-20-22.)
1145.10 FAMILY SWIMMING POOL.
(a) Portable swimming pools shall be considered to be a conforming use within any residential district or any residentially used property and no zoning permit shall be required.
(b) Non-portable swimming pools may be allowed as an accessory use in any residential district or for any residential use provided the following conditions shall be met:
(1) A Zoning Permit has been issued by the Zoning Inspector.
(2) A Pool Permit has been issued by the Richland County Building and Codes Department.
(3) The pool, including any decks, walkways, or accessory uses adjacent thereto, shall only be located in the rear yard and shall be located at least ten feet from all property lines.
(4) The pool shall be completely enclosed by a fence not less than four feet high nor more than six feet high equipped with one or more lockable gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children. Above ground pools with a sidewall height of at least four feet from ground level and that have a ladder or other entry system that can be removed or secured in a manner that prohibits unauthorized access may not require the above mentioned fence if plans are approved by the Zoning Inspector.
(5) Two or more means of egress in the form of steps and/or ladders shall be provided for all private residential swimming pools.
(6) The depth shall be clearly indicated on the surface of the pool.
(7) Lighting shall be so arranged and shaded so as to reflect the core of the light away from adjoining lot lines and street right-of-way lines.
(8) A commercial undertaking involving the retail sale of food, drinks, or other merchandise shall be prohibited.
(9) The pool is intended and used solely for the enjoyment of the occupants and guests of the owners of the property on which it is located.
(10) Any pool which stands empty of water or in disrepair for more than one year shall be filled in or removed.
(Ord. 20-35. Passed 12-2-20.)
1145.11 FENCES AND WALLS.
Fences and walls are subject to the following regulations:
(a) Fences and walls on all lots of record in all R Residential Districts which enclose property shall not exceed six feet (6’) in height, measured from the surface of the ground, and shall not extend beyond the required minimum front yard setback line.
(b) Fences and walls in all R Residential Districts, on recorded lots having a lot area in excess of 20,000 square feet and a frontage of at least one hundred feet (100’), or acreage not included within the boundaries of a recorded plat, are excluded from these regulations.
(c) Permanent fences and walls on lots of record shall not contain barb wire, electric current or charge of electricity.
(d) Fences and walls enclosing public institutions, public uses, parks, playgrounds or public landscaped areas, shall not exceed eight feet (8’) in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than fifty percent (50%) of their total area.
(e) All fences and walls shall comply with the building code of Richland County as it applies to fence and wall installation and materials.
(Ord. 01-50. Passed 12-6-01.)
(f) The construction and use of electric security fences shall be allowed in the City only as provided in this subsection and subject to the following standards.
(1) IEC Standard 60335-2-76. Unless otherwise specified herein, electric security fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
(2) Electrification.
A. The energizer for electric security fences must be driven by a commercial storage battery not to exceed 12 volts DC.
B. The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
(3) Conditions for Installation and Use.
A. No electric security fence shall be installed or used unless a permit has been applied for and obtained from the Zoning Inspector.
B. No electric security fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six (6) feet high.
C. Electric security fences shall be permitted only in industrial zones and not on any property located in an industrial zone used primarily as a residence.
D. Electric security fences shall not have a height in excess of three feet (3') higher than nor be closer than eight inches (8") to the non- electric perimeter fence.
E. Electric security fences shall be clearly identified with warning signs prepared in English and Spanish that read: “Warning-Electric security fence” at intervals of not less than sixty feet.
F. A “Knox Box Electrical Shunt Switch” and a “Knox Box” or other similar approved devices shall be installed for emergency access of Police and Fire Departments.
G. The electric current must be turned off during all posted business hours in which the business is open to the general public.
(4) Indemnification. All applicants issued permits to install or use an electric security fence as provided in this Section shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Ontario and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric security fence.
(5) Emergency Access. In the event that access by the City of Ontario Fire Department and/or Police Department personnel to a property where a permitted electric security fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox box or other similar approved device referred to in subsection (f)(3)F. above is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric security fence, the fire or police personnel shall be authorized to disable the electric security fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric security fence as provided in this Section will agree to waive any and all claims for damages to the electric security fence against the City of Ontario and/or its personnel under such circumstances.
(Ord. 14-65. Passed 12-18-14.)
1145.12 GREENBELTS.
(a) Purpose.
(1) The purpose of this section is to establish minimum standards for the provision, installation and maintenance of landscape plantings in greenbelts to protect the character and stability of residential, office, business and industrial areas; safeguard property values, protect public and private investments; and, enhance the community’s environmental and visual character.
(2) The following standards shall be considered the minimum requirements for the installation of all plant materials in greenbelts and perimeter landscape strips:
(b) General. Trees shall not be placed where they interfere with site drainage, obstruct vision of oncoming vehicles or where they shall require frequent pruning to control interference with overhead power lines. Trees planted under power lines shall not exceed a mature height of twenty feet (20’).
(c) Standards for Evergreen Trees.
(1) Tree Standards.
A. At the time of planting, trees shall be no less than five feet (5’) in height.
B. Evergreens are to be of upright growth with good density to screen from view abutting office, business and industrial lots or land uses. Plants shall have a density with branches close to the ground level.
C. Evergreens shall match the site conditions in terms of light exposure, winds and soil conditions and low maintenance.
D. Acceptable evergreens for greenbelt plantings:
. arbovitae | . firs |
. selected pines | . junipers (upright types) |
. spruces | . yews (upright types) |
E. White pine is unacceptable because of wide spacing between branches and decline in tree health over the years.
F. Evergreens may be pruned to form hedge barriers with a controlled height of six feet (6’).
(2) Tree Species Mix. When more than ten (10) trees are to be planted to meet the requirements of this ordinance, a mix of species shall be provided. The number of species to be planted shall vary according to the total number of trees required to be planted. The minimum number of species to be planted are indicated below:
Required Species Mix | |
Required Number of Trees | Minimum Number of Species |
11-20 | 2 |
21-30 | 3 |
31-40 | 4 |
41+ | 5 |
Exceptions and substitutions from the provisions in this subsection (c) may be approved by the Planning Commission in order to promote the use of slow growing or native plant materials if they qualify as an acceptable greenbelt.
(3) Maintenance. Arrangements shall be made for maintenance of plantings to keep them in a healthy and attractive condition, including mulching, watering and weed control. Plants shall comply with the following requirements:
A. Growth habit to be non-evasive.
B. Low maintenance selections adapted to the site.
C. All unhealthy or dead plant material shall be replaced during the next planting season.
(4) Earth Mounding. Earth mounds may be used in perimeter landscape strips with trees planted on the top of the mound in a single or staggered double row. Earth mounds shall not exceed four feet (4’) in height, or be any less than eighteen feet (18’) or more than thirty feet (30’) in width. For ease of maintenance and erosion control, earth mounds should be designed for a 1:3 ratio, no more than one foot (1’) of rise for each three feet (3’) of width.
(Ord. 01-50. Passed 12-6-01.)
(d) Landscaping Off-Street Parking Areas. (EDITOR’S NOTE: Former subsection (d) hereof was repealed by Ordinance 15-22.)
(e) Greenbelts between Residential and Office, Business or Industrial Lots or Uses.
Whenever an office, business or industrial lot abuts onto a residential lot or use, one of the following options shall be used to adequately screen the residential area from other abutting areas:
(1) An obscuring greenbelt fifteen feet (15') wide shall be created exclusive of that required for sidewalks or utility easements. The greenbelt area shall be planted with evergreen trees no less than five feet (5') tall at time of planting and shall be no less than six feet (6') in height at maturity. The greenbelt shall further comply with the tree standards in subsection (c)(1) hereof. (Ord. 04-02. Passed 1-22-04.)
(2) An alternative option is a six-foot (6’) tall opaque, unpainted fence constructed of decay-resistant lumber secured by aluminum or galvanized nails or screws to prevent rust stains. The fence shall be erected on a grassy belt at least ten feet (10’) wide with both sides of the fence providing an attractive natural appearance compatible with the surrounding residential area. Weed control and fence maintenance shall be the sole responsibility of the office, business or industrial owner.
(Ord. 01-50. Passed 12-6-01.)
(3) Specific final plans for either option (1) or (2) above shall be presented to the Zoning Inspector for his approval prior to installation.
(Ord. 04-02. Passed 1-22-04.)
(f) Greenbelts between Residential Lots and U.S. 30 Right of Way.
(1) A greenbelt or common open space area maintained by a homeowner’s association shall be required wherever residential lots or residential uses abut the U.S. 30 right-of-way.
(2) The required greenbelt shall be fifty feet (50’) wide, planted with a combination of evergreen trees, shade trees and shrubs.
(3) A greenbelt will not be required in those instances where existing tree stands are to be preserved on parcels of land abutting the U.S. 30 right-of-way. However, the owner shall be required to submit to the Planning Commission a narrative explaining the management practices that will be conducted by the owner to ensure the effective maintenance and preservation of the plant community.
(Ord. 01-50. Passed 12-6-01.)
1145.13 JUNK VEHICLES AND MATERIALS PROHIBITED.
(a) General. No person shall park, store or leave, or permit the parking, storing or leaving of any motor vehicle which is unlicensed, wrecked, junk, partially dismantled or inoperable, whether attended or not, for a period of more than fifteen (15) days upon any private property within the City of Ontario, unless the vehicle(s) is a collector’s vehicle, or is part of a business enterprise operated in a lawful place for the storage, repair or rehabilitation of vehicles as expressly permitted under the provisions of this Ordinance.
For the purposes of this Ordinance a motor vehicle shall be deemed wrecked, junk or inoperable when the motor vehicle is:
(1) Extensively damaged, including but not limited to, missing wheel(s), tires, motor, transmission, or other mechanical parts which result in the motor vehicle not being useable on a public highway;
(2) Inoperable;
(3) Missing its license plate, or has temporary tags which are expired, and the motor vehicle has not been licensed within the preceding month.
(b) Collector Vehicles. The Ontario Police Department shall not prevent a person from storing a collector’s vehicle or historical motor vehicle in a garage on private property.
(c) Violation. Whenever there are reasonable grounds to believe that a violation of this section exists, the Ontario Police Department, shall give written notice, by certified mail, to the person in charge of the private property where the unlicensed, junk or abandoned motor vehicle is located, that such motor vehicle violates the provisions of Section 1145.13, and that, within five (5) days the motor vehicle shall be removed from the premises. Any person, firm or corporation failing to comply with any provision of this Section shall be subject to the enforcement remedies and penalties as set forth in Chapter 1159.
(Ord. 01-50. Passed 12-6-01.)
1145.14 MANUFACTURED HOMES.
Manufactured homes shall be permitted in all residential districts provided they meet the following requirements:
(a) The structure shall be affixed to a permanent foundation.
(b) The structure shall be connected to a public water, sanitary and storm water system.
(c) Minimum floor area requirements:
(1) R-1 Residential Districts:
One Family: 1,200 square feet per dwelling unit.
(2) R-2 Residential and Multiple Family Districts:
One Family: 1,200 square feet per dwelling unit.
Two Family: 1,000 square feet per dwelling unit.
(d) Minimum Length of Structure: Twenty-two feet (22’), excluding garages, porches, decks or other room additions
(e) Minimum Width of Structure: Twenty-two feet (22’), excluding garages, porches, decks or other room additions
(f) The structure shall include conventional residential siding. The minimum eave overhang shall not be less than six inches (6”), including an appropriate gutter system.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.15 MINIMUM LOT WIDTH REQUIREMENT.
(a) All buildings except accessory buildings shall be located on a lot that meets the minimum lot width requirement at the minimum building setback line for the zoning district in which the lot is located.
(Ord. 01-50. Passed 12-6-01.)
(b) Zero Lot Line - Common Wall Business. When zoning regulations permit a lot split for construction of a common wall business with a "zero lot line setback", then the City Engineer and Zoning Inspector shall approve a preliminary survey plat of such lot providing, said final survey plat will be attached to the deed and contains information to show compliance. Once the City Engineer and Zoning Inspector have approved the preliminary plat the final approval will be given at planning commission with the following requirements:
(1) The size of each resulting parcel, must have frontage located on a primary street. Lots that do not have frontage located along a primary street must seek an easement from the contiguous property owner for ingress/egress purposes to access said lot that is being split.
(2) Separate water service lines shall be installed to each unit. The service lines shall have a separate curb type shut-off valve for each unit.
(3) Separate sanitary sewer laterals to each unit shall be installed using a wye with a clean out to be located at the property line or easement line.
(4) Electrical service shall be from a common point and a conduit raceway shall be installed for the conductors serving the unit farthest from the meters.
(5) Separate gas lines shall be installed for each unit.
(6) An easement shall be provided for the installation of telephone and television cables.
(7) An easement of at least five feet in width for each side of the common wall shall be provided for maintenance purposes.
(8) Notice in bold lettering shall advise each owner of the businesses of the responsibility for common maintenance and insurance for the structure.
(c) Zero Lot Line - Common Wall Residences. When zoning regulations permit a lot split for construction of a common wall two family residence with a "zero lot line setback", then the city engineer and zoning inspector shall approve a survey plat of such lot providing said survey plat is attached to the deed and contains information to show compliance with the following requirements:
(1) The size of each resulting parcel, no one of which shall be less than 7,500 square feet in area and have a minimum frontage width of fifty feet.
(2) Separate water service lines shall be installed to each unit from the front property line or the side or rear easement line. The service lines shall have a separate curb type shut-off valve for each unit.
(3) Separate sanitary sewer laterals to each unit shall be installed using a wye with a clean out to be located at the property line or easement line.
(4) Electrical service shall be from a common point and a conduit raceway shall be installed for the conductors serving the unit farthest from the meters.
(5) Separate gas lines shall be installed for each unit.
(6) An easement shall be provided for the installation of telephone and television cables.
(7) No driveways having common ownership shall be permitted.
(8) An easement of at least five feet in width for each side of the two family residence shall be provided for maintenance of the common wall.
(9) Notice in bold lettering shall advise each owner of the two family residence of the responsibility for common maintenance and insurance for the structure.
(Ord. 16-37. Passed 12-7-16.)
(Ord. 16-37. Passed 12-7-16.)
1145.16 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES.
(a) Intent.
(1) Within the districts established by this Ordinance or amendments that may later be adopted, there exist lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Ordinance was passed or its present amendments adopted, but which would be prohibited, regulated or restricted under the terms of this Ordinance or amendments.
(2) It is the intent of this Ordinance to permit these non-conformities to continue until they are removed. Non-conformities are declared by this Ordinance to be incompatible with the permitted uses in the zoning districts in which such use is located.
(3) The extension or enlargement of a non-conforming use of land or a non- conforming use of a structure and land in combination shall require the approval of the City Planning Commission.
(4) A non-conforming use that is consistent with the current zoning may be substituted for an existing use.
(5) Nothing in this Ordinance shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on in a diligent manner.
(b) Single Non-conforming Lots of Record.
(1) A one-family structure and customary accessory buildings may be erected on a single lot of record at the effective date of adoption or amendment of this Ordinance where the lot of record fails to meet the minimum lot area and width requirements, or both, generally applicable within the zoning district. However, all principle buildings shall conform with the minimum yard dimensions and setback requirements other than those applying to lot area and width, or both, for the zoning district in which the lot is located.
(2) No portion of any lot shall be used or sold in a manner which diminishes compliance with lot area and width requirements established for the zoning district in which the lot is located.
(3) Variations from the requirements of this Ordinance, other than the required lot area and width, shall be obtained only through action by the City Planning Commission as provided in Section 1151.04, “Duties.”
(c) Nonconforming Uses of Land. Where lawful uses of land exist which would not be permitted by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(1) The enlargement, increase, or extension of a non-conforming use shall be obtained only through action of the City Planning Commission as provided in Section 1151.04. The Planning Commission shall recognize a one-time request for enlarging, increasing or extending a non-conforming use a maximum of ten percent (10%).
(2) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the adoption or amendment of this Ordinance;
(3) If any non-conforming use of land is discontinued or abandoned for more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the zoning district in which such land is located.
(d) Non-conforming Structures. Where a lawful building or structure exists at the effective date of the adoption or amendment of this Ordinance, that would not be allowed in the zoning district under the terms of this Ordinance, such building or structure may be continued providing it remains lawful, subject to the following requirements:
(1) The enlargement, increase, or extension of an existing non-conforming structure shall require the approval of the City Planning Commission.
(2) Should a non-conforming structure or non-conforming portion of a structure be accidentally destroyed, it may be reconstructed as it existed before destruction provided the reconstruction shall begin within one (1) year and is completed within two (2) years. Such reconstruction shall not result in a larger structure than existed before such destruction.
(3) Should a non-conforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
(4) An accessory building or structure not conforming to the requirements of this Ordinance shall be declared as a non-conforming structure.
(e) Non-conforming Uses of Structure and Land in Combination. Where a lawful use involving a structure and land in combination exists at the effective date of adoption or amendment of this Ordinance that would not be permitted in the zoning district under the terms of this Ordinance, such lawful use may be continued so long as it remains otherwise lawful, subject to the following requirements:
(1) No existing structure devoted to a use not permitted by this Ordinance for the district in which it is located shall be enlarged, increased, or extended except in changing the use of the structure to a use permitted in the zoning district in which it is located;
(2) Any nonconforming use may be extended throughout the parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;
(3) Any structure and land in combination, in or on which a non-conforming use is superseded by a permitted use for a period of one (1) year, shall thereafter conform to the regulations for the district in which it is located, and the non-conforming use may not thereafter be resumed;
(4) When a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one (1) year, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located;
(5) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
(6) Work may be conducted on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, heating or plumbing on any non-conforming structure or portion of a structure containing a non-conforming use, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 01-50. Passed 12-6-01.)
1145.17 NOTIFICATION REQUIRED ON CHANGES MADE TO BUILDINGS OR STRUCTURES.
Within fourteen (14) days from the date of a change in ownership or occupancy of any building or structure used for business or industrial use, the owner or lessee of said premises shall notify the City Zoning Inspector and the Richland County Building and Regulations office of any changes made to the electrical, heating, ventilation or air conditioning, plumbing or architectural details of such building or structure.
(Ord. 01-50. Passed 12-6-01.)
1145.18 OFF-STREET PARKING REQUIREMENTS.
Permanent off-street parking shall be provided at a minimum in the amount specified below and in compliance with the layout, construction and maintenance standards of Section 1145.19, “Off-Street Parking Space Layout, Construction and Maintenance Standards.”
(a) No zoning certificate or conditional zoning permit shall be issued for any residential, office, business or industrial use that does not comply with the off-street parking and maneuvering lane requirements of this Ordinance.
(b) General Requirements.
(1) Any area once designated as required off-street parking shall never be changed to any other use unless and until an equal number of spaces are provided elsewhere.
(2) Off-street parking facilities existing at the effective date of this Ordinance, in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.
(3) Two or more buildings or uses may collectively provide the required off- street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.
(4) Off-street parking for other than one family residential uses shall be located on the same lot or within three hundred (300’) of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. The applicant shall provide a site plan showing the ownership of all lots or parcels intended for use as parking.
(5) The storage of merchandise, motor vehicles for sale, trucks or the repair of motor vehicles is prohibited in off-street parking lots.
(6) Whenever the off-street parking space requirements are not mentioned for a specific use, the City Planning Commission is authorized to designate the appropriate number of parking spaces and shall make the compliance with its order a condition of the site plan approval. In reaching its decision, the City Planning Commission shall consider the following:
A. The maximum number of employees, customers and other persons who will be on the premises at any one time.
B. The number of spaces required below, for uses comparable in nature to the proposed use.
(7) Off-street parking spaces shall be provided for the physically handicapped in accordance with the rules and regulations established by the State of Ohio for making buildings and facilities accessible to and useable by physically handicapped people.
(8) Off street Parking facilities serving buildings required to be accessible to the physically handicapped shall have designated parking spaces conveniently located in accordance with the following schedule:
Total Number of Spaces On the lot or in the Building | Required Number of Accessible Spaces_ |
Up to 100 | One (1) space per 25 parking spaces |
101 to 200 | 4 spaces plus one (1) space per 50 parking spaces over 100. |
(9) Access to off-street parking facilities shall be so designed so as not to obstruct the free flow of traffic. All multiple family, business, industrial, public and institutional uses shall make adequate provision for ingress and egress to all parking spaces to insure ease of mobility, ample clearance, and safety of vehicles and pedestrians.
(c) Residential Off-Street Parking Requirements.
(1) Residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are to serve.
(2) Parking required in connection with any multiple family dwelling unit shall be provided in garages enclosed on all four (4) sides. Garages shall only be permitted in the side or rear yard of a multiple family building.
(d) Business Off-Street Parking Requirements.
(1) Parking lots in connection with business uses shall provide parking for all employees as well as long-term customer parking.
(2) Access to off-street parking lots shall be by means of common driveways. Such lots shall be interconnected with business parking lots on adjacent properties.
(3) Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles, to avoid spill over light, glare, or noise onto abutting residential lots or residential uses. To achieve this objective, off street parking lots shall be setback a minimum distance of fifteen feet (15’) from abutting residential lots or residential uses. The setback area shall include a year-around greenbelt at least fifteen feet (15’) wide and six foot (6’) high, planted according to the requirements set forth in Section 1145.12, “Greenbelts.”
(4) Every effort should be made to encourage the consolidation and sharing of parking facilities to provide for the orderly arrangement of parking areas serving adjacent premises.
(e) Industrial Off Street Parking Requirements.
(1) Off street parking lots shall be setback at least ten feet (10’) from any side or rear lot line, however a twenty five feet (25’) setback shall be required along all those side or rear lot lines abutting onto a residential lot or residential use. A fifteen foot (15') setback shall be required along all right-of-way lines and easements.
(Ord. 15-22. Passed 7-2-15.)
(2) Parking lots in connection with industrial uses shall provide parking for all employees as well as long-term customer parking.
(f) Pedestrian Crosswalks. Pavement striping shall be required to distinguish pedestrian crosswalks between parking aisles and the front entryways to the building. Pedestrian crosswalks shall be provided at locations approved by the Planning Commission.
(Ord. 01-50. Passed 12-6-01; Ord. 02-31. Passed 6-20-02.)
(g) Required Number of Off-Street Parking Spaces. The minimum number of off- street parking spaces by type of use shall be provided in accordance with the following schedule.
Permitted Uses | Minimum Number of Parking Spaces |
(1) Residential Uses | |
A. One-family and two family | Two (2) for each dwelling unit. |
B. Multiple family | Two (2) for each dwelling unit plus one (1) for each full time employee. |
(2) Extended Care Units | One (1) for each two (2) dwelling units, and one (1) for each employee. |
(3) Institutional Uses | |
A. Churches and temples | One (1) for each three (3) seats or six feet (6') of pews in the main worship room. |
B. Hospitals/Wellness Centers | One (1) for each one (1) bed, and one (1) for each employee. |
C. Nursing Homes | One (1) for each two (2) beds, and one for each employee. |
D. Elementary and Middle School | One (1) for each one (1) teacher, employee or administrator and one (1) for every eight seats in the room with the largest seating capacity. |
E. Senior High School | One (1) for each one (1) teacher, employee or administrator and one (1) for each ten (10) students, in addition to the requirements for an auditorium. |
F. Private Clubs or Lodge Halls | One (1) for each three (3) persons allowed within the maximum occupancy load as established by the building and fire code. |
G. Golf Clubs, excluding "par-3" golf Courses | Two (2) for each one (1) golf hole and one (1) for each one (1) employee. |
H. Swimming pool and tennis clubs or other similar types of clubs. | One (1) for each two (2) member families or individuals. |
I. Stadiums, sports arena or similar places of assembly. | One (1) for each three (3) seats or six feet (6') of benches. |
J. Theaters and Auditoriums | One (1) for each three (3) seats plus one (1) for each employee |
(4) Business Uses | |
A. Banks, savings and loan companies, credit unions. | One (1) for each employee and one (1) for each one hundred (100) square feet of floor area open to the public. |
B. Beauty Parlor and Barber shops | Three (3) spaces for each of the first two (2) beauty or barber chairs, and one and one-half (1-1/2) spaces for each additional chair. |
C. Bowling alleys | Four (4) for each one (1) bowling lane and one (1) for each employee. |
D. Business and trade schools | One (1) for every two (2) students and one (1) for each employee. |
E. Car wash | Adequate waiting space for a minimum of eight eight (8) cars shall be provided on the premises. In addition, one (1) space shall be provided for each employee. |
F. Exhibition Halls, assembly halls | One (1) for each three (3) persons allowed without fixed seats. |
G. Funeral Homes | One (1) for each fifty (50) square feet of useable floor space and one (1) for each employee. |
H. or Par-3 golf course | Three (3) spaces for each one (1) hole and one (1) for each employee. |
I. Motels | Five (5) spaces for every four (4) guest rooms and one (1) space for each employee. |
J. Nursing homes and extended care facilities | One (1) space for every four (4) patients or residents and one (1) space for every employee. |
K. Office uses | One (1) space for each two hundred (200)square feet of floor area open to the public and one (1) space for each employee. |
L. Planned shopping center | Three (3) spaces for each one thousand (1,000) square feet of floor area open to the public. |
M. Restaurants, eating and drinking establishments, excluding drive-ins. | One (1) space for each three (3) customers and one (1) space for each employee. |
N. Retail stores, except as otherwise specified herein. | Three (3) spaces for each one thousand (1,000) square feet of floor space open to the public. |
O. Motor vehicle sales and service | 1 for every two hundred (200) square feet of usable floor space plus two (2) for each service bay. |
(Ord. 23-11. Passed 9-6-23.) | |
(5) Industrial Uses | |
A. Warehouses | One (1) space for each employee on the largest shift. |
B. Manufacturing, research and assembly. | One (1) space for each one (1) employee on the largest shift plus one for each thousand (1,000) square feet of gross floor area. |
(Ord. 01-50. Passed 12-6-01; Ord. 02-31. Passed 6-20-02.)
1145.19 OFF-STREET PARKING SPACE LAYOUT, CONSTRUCTION AND MAINTENANCE STANDARDS.
Whenever the off-street parking requirements in Section 1145.18 require the building of an off-street parking lot, such off-street parking lot shall be laid out, constructed and maintained in accordance with the following standards and regulations:
(Ord. 03-15. Passed 3-6-03.)
(a) Layout. Plans for the layout of off-street parking facilities:
(1)
Parking Angle at Base Line (in degrees) | Driving Lane Width (in feet) | Parking Space Size | |
Length | Width | ||
(in feet) | |||
45 | 24' | 20' | 8'4" |
60 | 24' | 20' | 8'6" |
90 | 24' | 20' | 9'0" |
(Ord. 13-46. Passed 12-5-13.)
(2) All spaces shall be provided adequate access by means of a maneuvering lane. Backing directly onto a street shall be prohibited.
(3) Only one-way traffic shall be permitted in maneuvering lanes serving single row parking spaces placed at an angle other than ninety (90) degrees.
(4) Adequate ingress and egress to the parking lot by means of clearly defined drives shall be provided for all vehicles.
(5) Ingress and egress to a parking lot lying in areas zoned for multiple family, office service, business or industrial use shall not be across land zoned for detached one-family or two-family dwellings.
(b) Paving.
(1) The off-street parking lot, including parking spaces and maneuvering lanes, shall be surfaced with asphalt or concrete according to specifications approved by the City Engineer and shall be completed within eighteen (18) months after the Zoning Permit issuance under which the construction was begun.
(2) Off-street parking lots shall be constructed in such a manner so as to dispose of all surface water accumulated in the parking lot in such a way to preclude draining water onto adjacent properties and eliminating standing water.
(c) Lighting. The cone of light used to illuminate any off-street parking lot shall shine directly onto the parking lot only. (Ord. 03-15. Passed 3-6-03.)
1145.20 OFF-STREET LOADING AND UNLOADING.
Every building, structure, or part thereof, involving the receipt or distribution of vehicles, materials or merchandise shall provide and maintain on the lot, adequate space for the storage, loading or unloading of motor vehicles in order to avoid undue interference with the public use of dedicated rights-of-way. Standing, loading and unloading spaces shall be provided as follows:
(a) All spaces shall be ten feet by fifty feet (10’ X 50’), or five hundred (500) square feet in area, with a clearance of at least fourteen feet (14’) in height.
(b) Loading dock approaches shall be provided with a pavement having an asphalt or cement binder so as to provide a permanent, durable and dust free surface.
(c) All spaces in a business and industrial zoning district shall be provided according to the following schedule:
Square Feet of Gross Floor Area in Building | Loading and Unloading Space required based on the square feet of Useable Floor Area_ |
0 - 25,000 | 1 |
25,000 - 40,000 | 2 |
40,000 - 100,000 | 3 |
100,000 - 160,000 | 4 |
160,000 - 240,000 | 5 |
240,000 - 320,000 | 6 |
320,000 - 400,000 | 7 |
(Ord. 01-50. Passed 12-6-01.)
(d) No part of any required off-street parking area, access drive, street or public right-of-way shall be used for loading or unloading purposes.
(e) No loading or unloading location shall face, or run parallel with, a street right-of-way unless the Zoning Inspector determines that the location minimizes the impact on the business or adjoining properties.
1145.21 PRINCIPAL BUILDING.
No more than one (1) principal building shall be allowed on any one (1) lot or parcel of land within an R-Residential District.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.22 PROHIBITED USES.
The following uses are prohibited in the City of Ontario:
(a) Asphalt manufacture or refinery operations.
(b) Commercial incineration, treatment or reclamation of any material, including, but not limited to, burning or heating soil or aggregate contaminated with petroleum products or any other pollutant or industrial waste.
(c) Disposal, storage shredding or processing of tires for commercial purposes.
(d) Drilling for and removing oil, gas or other substances.
(e) Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals, or other refuse.
(f) Fat rendering or the production of vegetable product by boiling or distillation.
(g) Hazardous waste or radioactive waste disposal facilities.
(h) Junk yards, scrap yards or automobile wrecking yards.
(i) Manufacture or storage of creosote, fertilizer, pesticides, roofing materials, rubber products or rubber reclamation, glue, gelatin, tanning, curing or processing of hides or animal skins.
(1) “Infectous wastes” as currently defined in Section 3734.01(R) of the Ohio Revised Code.
(2) “Hazardous wastes” as defined in Section 3734.01(J) of the Ohio Revised Code.
(3) “Nuclear” and “radioactive wastes” as defined by Section 3734.01(R) of the Ohio Revised Code.
(j) Truck terminals.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.23 PUBLIC ACCESS.
No structure shall be constructed on any parcel of land unless:
(a) The parcel of land meets the minimum lot width requirements at the minimum front yard setback line as provided in this Zoning Ordinance for the district in which the parcel of land is located, and
(Ord. 02-43. Passed 9-19-02.)
(b) The parcel of land described in subsection (a) hereof has frontage on an accepted City street.
(Ord. 05-57. Passed 9-15-05.)
(Ord. 05-57. Passed 9-15-05.)
1145.24 PUBLIC NUISANCES.
No motorized component shall be located and no equipment shall be installed in such a way as to produce intense, earth shaking vibrations which are discernable without instruments at or beyond the lot line. Noise standards established by the Ohio Protection Agency shall be complied with.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.25 SCREENING REQUIREMENTS.
(a) Exterior components of plumbing, processing, heating, cooling, and ventilating systems (e.g. including, but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating-equipment fans, blowers, ductwork, vents, louvers, meters, compressors, motors, incinerators, ovens, etc.) shall not be directly visible from a height of six feet (6’) above any ground level or ground-floor elevation at a distance closer than two hundred feet (200’) from any abutting residential development or residential zoning district.
(b) Roof mounted mechanical equipment shall be screened from view by building parapets that will appear as an integrated part of the overall architectural design of the building.
(c) No exterior components of plumbing, processing, heating, cooling and ventilating systems shall be mounted on the exterior wall of any building unless they are integrated architectural design features of the building.
(d) Transformers that may be visible from any primary visual exposure area shall be screened with either plantings or a durable noncombustible enclosure of a design configuration acceptable to the appropriate utility company. Where possible refuse containers and transformers should be integrated into the same enclosure.
(e) Exterior electrical equipment shall be mounted on the interior of a building wherever possible. When interior mounting is not practical, electrical equipment shall be mounted in a location where it is substantially screened from public view. In no case shall exterior electrical equipment be mounted on the street side or primary entryway side of any building.
(Ord. 01-50. Passed 12-6-01.)
1145.26 SEWER AND WATER CONNECTIONS.
Issuance of a zoning certificate or conditional zoning certificate or the approval of a site plan shall not be deemed a guarantee that municipal sewer or water service will be available to the lot or land use. All connections to sewer and water systems shall be in accordance with all other ordinances and rules of the City of Ontario and the City Service-Safety Director.
(Ord. 01-50. Passed 12-6-01.)
1145.27 SIGN REGULATIONS. (REPEALED)
1145.28 SITE PLAN REVIEW.
(a) A site plan shall be submitted to the City Planning Commission for:
(1) Any use or development for which submission of a site plan is required by any provision of this Ordinance.
(3) All public or quasi-public land uses permitted in R Residential Districts such as, but not limited to: churches, schools, and public utilities and facilities.
(b) The Zoning Inspector may refuse to accept any proposed site plan upon the determination that it is inaccurate, illegible, or not in compliance with the requirements of this section.
(c) Preliminary Development Plan Requirements.
(1) Pre-application conference. A pre-application conference is intended to provide the applicant an opportunity to submit a concept plan showing the basic scope, character and nature of a proposed project without incurring undue cost while allowing the City Staff input in the formative stages of design. The conference is not mandatory; however the applicant is encouraged to present a concept plan for informal review by the City Staff. Neither the applicant nor the City Staff shall be bound by any aspect of a concept plan and no discussions, opinions, suggestions, nor recommendations of the City Staff shall be relied upon by the applicant to indicate subsequent approval or disapproval.
(2) All multifamily, commercial and industrial projects for which submission of a site plan is required by any provision of this Ordinance shall be required to submit a preliminary site plan for review by the Planning Commission with the following exceptions:
A. Projects which, in the absence of any variance, or conditional zoning requirement, involve only minor alterations or additions of less than 15% of the total site area to the exterior of any existing structure, facility or other development feature, i.e. parking, greenbelt, storm water, etc.
B. Sign variances requested involving existing facilities or other projects which have previously been approved by the Commission.
(3) Plan review application form. This application form shall contain general information about the name and location of the proposed development as well as the principals involved. The application and filing fees are due at the time of submittal.
(Ord. 10-08. Passed 3-18-10.)
(4) Content. Every preliminary site plan except “R-1" Low Density Residential shall be prepared by a qualified professional drawn at a minimum scale of one inch (1") equals twenty feet (20') and shall contain the following information:
(Ord. 15-22. Passed 7-2-15.)
(Ord. 15-22. Passed 7-2-15.)
A. Title sheet and general notes.
B. Existing conditions plan:
1. Location map, scale and north arrow.
2. Property layout (survey markers).
3. Existing conditions: land use, buildings, zoning, contours and/or spot elevations, watercourses, wooded areas, wetlands.
4. Total site area.
C. Site dimension plan:
1. Layout and dimensions of all streets, sidewalks, buildings, parking areas and activity areas including existing driveways and cross streets located within 500 feet of the site.
2. Dimensions of all setbacks and easement areas.
3. Location and description of all greenbelts, landscaping, exterior lighting and signage.
(Ord. 10-08. Passed 3-18-10.)
(Ord. 10-08. Passed 3-18-10.)
D. Preliminary site plan:
1. Phasing schedule.
2. Location of all utility lines, manholes and fire hydrants.
3. Location of paved areas.
4. Location of proposed traffic signals.
5. Location of garbage receptacles/dumpster enclosures.
6. Storm water management plan intensions.
7. Fire department access roads: Fire department access roads ("same as fire lane") shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with rule 5 section 503 of the local fire code, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Any proposed change must be approved by the local fire marshal. Other access roads connected to the fire department access road can be as narrow as 20 feet in width but must be approved by the local fire chief or his/her designee during plan review.
8. Curbing: All type 3, 3-a, 3-b curbing (soft curbing), shall be used for access and egress locations. Islands and open areas within parking areas must be viewed and approved by the local fire chief or his/her designee.
9. Address labeling: All strip malls, plaza's, and row of stores must have approved address labeling on the main front door of each suite. Labeling shall consist of 6" tall x 3" wide x 3/4" thick in size, typically above the door and white in color if the door is glass. Contact the local fire chief or his/her designee for approved labeling if the door is not glass.
(Ord. 16-37. Passed 12-7-16.)
(Ord. 16-37. Passed 12-7-16.)
E. Architectural plan: Exterior building elevations and floor plans. If exterior elevations are not available, reasonable graphic representations may be submitted.
F. Multi-family developments: Include the proposed floor areas per dwelling unit, number of dwelling units, density and the number of stories per building. (Ord. 10-08. Passed 3-18-10.)
(d) Final Development Plan Review Requirements. After the preliminary development plan has been reviewed by the City Zoning Inspector, City Engineer or Planning Commission, the applicant may proceed with the submission of a final development plan in accordance with the City Zoning Inspector and City Engineer or Planning Commission recommendations and the following requirements: (Ord. 15-22. Passed 7-2-15.)
(1) Plan review application form. This application form shall contain general information about the name and location of the proposed development as well as the principals involved. The application and filing fees are due at the time of submittal.
(Ord. 10-08. Passed 3-18-10.)
(2) Content. Every final site plan except “R-1" Low Density Residential shall be prepared by a qualified professional unless the changes involve only minor alterations or additions of less than 15% of the total site area to the exterior of any existing structure, facility or other development feature, i.e. parking, greenbelt, storm water, accessory buildings etc., drawn at minimum scale of one inch (1") equals twenty feet (20') and shall contain the following information:
(Ord. 15-22. Passed 7-2-15.)
A. Title sheet and general notes:
1. Name, address and telephone number of applicant/owner/developer.
2. Project title.
3. Signature blocks: Required for storm system maintenance/ sanitary connection(s)/ water system connection(s).
B. Existing conditions plan.
C. Site dimension plan:
1. Layout and dimensions of all streets, sidewalks, buildings, parking areas and activity areas including existing driveways and cross streets located within 500 feet of the site.
2. Dimensions of all setbacks and easement areas.
3. Parking space dimensions.
4. Location and dimensions of all greenbelts, landscaping, exterior lighting and signage.
(Ord. 10-08. Passed 3-18-10.)
(Ord. 10-08. Passed 3-18-10.)
D. Site plan:
1. Phasing schedule.
2. Location of all utility lines, manholes and fire hydrants.
3. Location and dimensions of all greenbelts, landscaping, exterior lighting and signage.
4. Location of paved areas.
5. Pavement details.
6. Location of proposed traffic signals.
7. Location of garbage receptacles/dumpster enclosure.
8. Proposed grading (contours and/or spot elevations).
9. Covenants, easements or other restrictions to be imposed on the site.
10. Fire department access roads: Fire department access roads ("same as fire lane") shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with rule 5 section 503 of the local fire code, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Any proposed change must be approved by the local fire marshal. Other access roads connected to the fire department access road can be as narrow as 20 feet in width but must be approved by the local fire chief or his/her designee during plan review.
11. Curbing: All type 3, 3-a, 3-b curbing (soft curbing), shall be used for access and egress locations. Islands and open areas within parking areas must be viewed and approved by the local fire chief or his/her designee.
12. Address labeling: All strip malls, plaza's, and row of stores must have approved address labeling on the main front door of each suite. Labeling shall consist of 6" tall x 3" wide x 3/4" thick in size, typically above the door and white in color if the door is glass. Contact the local fire chief or his/her designee for approved labeling if the door is not glass.
(Ord. 16-37. Passed 12-7-16.)
(Ord. 16-37. Passed 12-7-16.)
E. Utility plan: Public or private main extensions (required):
1. Location and dimensions of all utility lines, manholes and hydrants.
2. Ohio EPA documentation.
3. Plan and profile sheets.
4. Testing requirements and specifications.
5. Easement areas.
F. Storm water pollution prevention plan:
1. Location and details of storm water management facilities.
2. Schedule of inspection for sediment control features.
3. Fueling and construction debris areas depicted and specifications for assurance of water quality.
4. Calculations by qualified professional - signed (separate from plan sheets).
5. Storm water application/permit form accompanied by application fee.
6. Storm water performance bond form.
G. Landscape plan:
1. Photometric plan.
2. Lighting details and specifications i.e. shielding, timers, etc.
I. Architectural plan: Exterior building elevations and floor plans.
J. Multi-family developments: Include the proposed floor areas per dwelling unit, number of dwelling units, density and the number of stories per building.
K. The signature block on the final site plan shall contain the following statement: "Upon the issuance of a zoning permit certificate by the City of Ontario, this site plan shall be binding upon the applicant, the applicant's successors and assigns. The issuance of a zoning certificate shall also restrict and limit the construction, location, use, occupancy and operation of all land and structures and limitations set forth herein. Withdrawal or amendment of this site plan may be permitted only in accordance with the City of Ontario Zoning Ordinance. This document represents the entire understanding between the applicant and the City of Ontario with regard to development rights."
(3) Approval deadline.
A. Upon receiving Planning Commission approval for any site plan, variance or other required approval, construction shall begin within twelve (12) months of the approval date.
B. Upon receiving Planning Commission approval for any site plan, variance or other required approval, the developer shall make application for all necessary permits within six (6) months of the approval date.
C. In the event the developer fails to submit the required applications or begin construction within the allotted time periods, all Planning Commission approvals granted for the project shall be rescinded and the developer shall be required to begin the review process again.
(Ord. 10-08. Passed 3-18-10.)
(Ord. 10-08. Passed 3-18-10.)
(e) Planning Commission Action.
(1) Attendance required. It shall be mandatory that the applicant or his agent be in attendance at the Planning Commission meeting. The City Planning Commission meets at 5:00 p.m. on the second Wednesday of every month.
(Ord. 16-15. Passed 6-16-16.)
(2) Submittal deadline. In order to be scheduled on the agenda for a Planning Commission meeting, plans shall be submitted to the Zoning Inspector no later than the twenty-fifth (25th) day of the month prior to the date of the meeting at which the applicant desires to appear before the Planning Commission.
(3) The Planning Commission may take action on the proposed site plan at the meeting. Site plan approval may be granted by the Planning Commission subject to the review and approval of all detailed construction plans and drawings by the City Engineer.
(4) The site plan shall be reviewed by the City Engineer and Zoning Inspector for compliance with the standards of this Ordinance.
(5) In reviewing the site plan, the Planning Commission shall consider the following:
A. The location and design of driveways providing vehicular ingress and egress from the site, in relation to streets providing access to the site, and in relation to pedestrian traffic.
B. The traffic circulation features on the site and the location of automobile parking lots; and may impose such requirements that will assure:
1. Safety and convenience of both vehicular and pedestrian traffic both on site and in relation to access streets.
2. Satisfactory and harmonious relationships between the development of the site and existing and proposed development of contiguous land and adjacent properties.
3. Limiting the amount of development intrusion that may occur to the natural resource base of the site.
C. The Planning Commission may further require landscaping or fences to accomplish these objectives and require their maintenance as a condition of the establishment of any use to which they are appurtenant.
D. In those instances where the Planning Commission finds that an excessive number of ingress and egress points may occur with relation to major thoroughfares, thereby reducing the traffic carrying capacity of the major thoroughfare, the Planning Commission may require a marginal access service road as follows:
1. Where a narrow lot will require a single outlet, the Planning Commission may recommend that money be placed in escrow with the City of Ontario so as to provide for a marginal access service road parallel to the street right-of-way line and equal in length to the width of the lot involved. The amount deposited in escrow shall be based on a cost estimate prepared by the applicant, owner or developer and approved by the City Engineer. A zoning certificate will not be granted until the access service road is constructed or monies have been deposited with the City.
2. The City Planning Commission shall require marginal access service roads for all subdivisions where lots face onto a major arterial street.
(6) In accordance with the comprehensive plan, the Planning Commission may impose additional conditions on the site plan development in order to reduce congestion, facilitate traffic safety, enhance utility service, promote the efficient use of land, and preserve the tax base of the City.
(Ord. 10-08. Passed 3-18-10.)
(f) Planning Commission Action Not Required. If the applicant submits a site plan to the City for which no conditional use permits or variances are requested or necessary for the applicant’s site plan to be approved and the site plan meets the approval of the Zoning Inspector and City Engineer, then the applicant will not be required to submit the site plan to Planning Commission for its approval. However, the Zoning Inspector or City Engineer, or both, has the discretion to still require the applicant to obtain Planning Commission approval for any site plan.
(Ord. 16-15. Passed 6-16-16.)
(g) Review and Inspection Fees. In addition to any other fees required by the City of Ontario Codified Ordinance, all projects subject to Site Plan Review shall pay the fees associated with plan review and inspection by the City Engineer. The City Engineer shall keep a separate itemized account of the work performed for review and inspection or any other work necessary for the project. The City Engineer shall provide to the City of Ontario itemized invoices covering all work performed for the project. The City of Ontario will in turn invoice the Project Owner. All fees are due and payable within thirty (30) days of invoicing. If the Owner does not pay within thirty (30) days, overdue fees will incur an additional ten (10) percent monthly late fee. Failure to pay Fees within sixty (60) days will result in a stop work order for the project until all late fees have been paid. (Ord. 19-36. Passed 11-20-19.)
1145.29 STORM WATER MANAGEMENT REQUIREMENTS.
No building or structure shall be constructed which does not meet the Storm Water Management regulations set forth in Chapter 937 of the Codified Ordinance, City of Ontario.
(Ord. 01-50. Passed 12-6-01.)
1145.30 TEMPORARY BUILDINGS.
(a) Temporary buildings for uses incidental to construction shall be allowed upon the construction site without a temporary zoning permit for a period not to exceed one (1) year. Temporary buildings required for a period longer than one (1) year shall be approved by the City Planning Commission on such terms and conditions it deems to be in the public interest.
(b) No temporary construction building shall be located in the public dedicated right-of- way.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1145.31 TEMPORARY USES.
(a) EDITOR’S NOTE: Former subsection (a) hereof was repealed by Ordinance 06-16, passed May 18, 2006.
(b) The following temporary uses are permitted in the City of Ontario, subject to the following conditions:
(1) Christmas tree sales lots for a maximum of sixty (60) days. Commercial tree sales lots shall be located in business zones. However, tree sales lots run by non-profit organizations may be located in any zoning district providing proof of non-profit certification is submitted to the Zoning Inspector, and further providing such tree sales lots have frontage onto a major arterial street or collector street.
(Ord. 01-50. Passed 12-6-01.)
(2) Garage Sales shall meet the following requirements:
A. The sale of specific or miscellaneous goods or materials on a lawn, driveway, porch, garage, in a basement, or any other building shall be deemed to be a garage sale. No more than three (3) garage sales shall be permitted on the same residential property in a twelve (12) month period. No garage sale shall last for more than three (3) consecutive days.
(Ord. 15-22. Passed 7-2-15.)
B. Signs advertising a garage sale shall not exceed the sign area requirements set forth in Section 1145.27, “Sign Regulations”, Table 2-2.
C. No garage sale shall begin earlier than 9:00 A.M., nor shall any such sale last later than sundown.
D. No garage sale shall offer new or used merchandise for sale that has been purchased by the resident of the property for purpose of such resale at such garage sale.
(Ord. 01-50. Passed 12-6-01.)
1145.32 TRAFFIC IMPACT ANALYSIS.
(a) Purpose:
(1) The purpose of this Section is to conduct an appropriate review and evaluation of the traffic impact of proposed developments; to provide for improved traffic conditions, and to prescribe necessary project-specific mitigation measures or to otherwise require a traffic impact analysis as a part of the site plan approval process.
(2) It is further the intent of this Section to ensure that traffic impact analysis plan approvals are granted where traffic mitigation improvements will maintain or improve the service level of a street which is currently operating at or below the traffic service goals established for the City; and better coordinate the type, location, amount, timing and rate of proposed land use development according to the Master Plan and Zoning Ordinance, with the present and projected capacity of the City street system.
(b) Traffic Impact Analysis Review. The applicant shall conduct a review of the traffic impact analysis for any proposed development in conjunction with the review of the site plan. If the City Planning Commission finds that the proposed development would not cause traffic service levels to be exceeded at any intersections that are critical to the development, the review
will be approved. To ensure that traffic service levels of a proposed development shall not exceed the service levels at any intersection or driveway approach the City Planning Commission may request the Richland County Transportation Coordinating Committee to prepare traffic mitigation recommendations citing the measures to be implemented to accomplish the traffic service level goals adopted for the street or highway. The mitigation program shall cite how the applicant will eliminate the adverse traffic impacts and how the traffic service level goals will be achieved.
(Ord. 01-50. Passed 12-6-01.)
1145.33 REGULATION OF RADIO, MICROWAVE TOWER AND TELECOMMUNICATIONS EQUIPMENT SITING.
(a) Purpose:
(1) Minimize adverse visual effects of towers through careful design, siting, and landscape screening.
(2) Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures; and
(3) To maximize the use of any new transmission tower to reduce the number of towers needed.
(b) Shared-Use Towers.
(1) Prior to submitting a proposal to construct a new transmission tower, the applicant shall contact owners of the site of all existing or approved towers if the base elevation of an existing or approved tower site is equal to or higher than the base elevation of the proposed site. The applicant shall request each contacted owner to identify the site by address and legal description; and, assess whether the site could accommodate the proposed tower without changing an existing or approved tower.
(2) If a proposed tower cannot be accommodated on each existing tower site, the applicant will assess whether the existing tower site could be changed to accommodate the proposed tower, and describe the means and projected costs of shared use of the existing tower site.
(c) Applicability. Transmission towers and accessory facilities for the following uses are permitted in the IP and GI Industrial Districts:
(1) VHF and UHF Television
(2) FM Radio
(3) Two-way Radio
(4) Common carriers
(5) Cellular Telephone
(6) Fixed-point microwave
(d) An application for a new transmission tower shall include:
(1) A site plan drawn to scale and identifying the site boundary lines; tower(s) guy wire anchors; existing and proposed location of structures; vehicular access and parking; existing vegetation to be retained, removed or replaced; and land uses and the location of structures on surrounding properties.
(3) A report from a professional engineer describing:
A. The technical reasons for the type of tower design; and
B. Capacity of the tower, including the number and type of antennas that it can accommodate and the basis for the calculation of capacity.
(e) The applicant shall request the Federal Aviation Administration, Federal Communications Commission and the Ohio Department of Transportation to provide the City Planning Commission with written documentation that the proposed tower complies with all applicable regulations administered by the appropriate agency or that the tower is exempt from those regulations. If each applicable agency does not provide written documentation, after the applicant has made a timely good-faith effort to obtain it, the application is complete.
(f) Approval Standards.
(1) Structures shall be setback a distance equal to one hundred percent (100%) of the tower height or the distance between the tower base and the guy wires, whichever is greater.
(2) Guy wire anchors shall be setback fifty feet (50’) from abutting properties located in a residential development or residential zoning district.
(3) The tower shall be setback from other on-site and off-site towers and supporting structures far enough so one tower will not fall onto another tower or support structure if a tower or support structure fails.
(Ord. 01-50. Passed 12-6-01.)
1145.34 WETLANDS.
(a) Purpose. To protect and conserve wetlands by promoting avoidance of alterations to jurisdictional wetlands as the optimum goal, or where avoidance is not possible, to restore and maintain integrity of these lands in as near a natural state as possible.
(b) Mitigation Practices Required. Where alteration of a wetland cannot be avoided, mitigation to compensate for the loss of wetlands shall be required through any combination of restoration, enhancement, creation, buffering, monitoring, best management practices and legal protection. The methods and techniques used to mitigate the alteration of the wetlands will be approved as a part of the site plan review procedure by the City Planning Commission.
(Ord. 01-50. Passe 12-6-01.)
1145.35 ZONING OF ANNEXED AREAS.
Land annexed to the City of Ontario shall remain subject to the township zoning resolution in effect prior to the annexation until and unless City Council designates the zoning district into which such land is to be placed.
(Ord. 01-50. Passed 12-6-01.)
1145.36 ADDITIONAL CONDITIONS FOR SITE PLAN, CONDITIONAL ZONING PERMIT AND ZONING PERMIT APPROVAL.
In the interest of protecting the public health, safety and welfare, preserving the value of surrounding properties, and aesthetic values within the City as a whole, the Planning Commission is expressly authorized to impose any of the following requirements as a condition to the approval of any site plan or the issuance of a Zoning Permit or a Conditional Zoning Permit:
(a) The location, width, radius and number of driveways entering onto any public street;
(b) The requirement that barriers be established to prevent access to a public street at any other location than established driveways;
(c) A limitation upon access to certain public streets where there are more than one public street abutting the property;
(d) Limitations upon the use of required setbacks for all purposes;
(e) Limitations on the intensity and location of lighting and requirements that lighting be shielded from adjoining properties;
(f) Requirements that surface water be detained, channelized or otherwise carried from the property to public storm sewers so as to avoid injury to adjoining properties;
(g) Requirements that culverts be installed parallel to the road under any proposed driveway so as not to interfere with the existing flow of surface water. The size of the culvert shall be determined based upon accepted engineering standards.
(h) A requirement that sidewalks meeting the standards of Section 1119.03(d) of the Codified Ordinances be installed along the entire or some designated part of the frontage along all public streets.
(Ord. 02-58. Passed 11-21-02.)
1145.37 SEXUALLY ORIENTED BUSINESSES.
(a) A sexually-oriented business use shall be located no closer than eight hundred feet (800') from the property line of any lot occupied by a residential dwelling unit; or used for a church, school, park or playground, neighborhood center, library, social services facility, child day care center, or historical site.
(b) A sexually-oriented business shall be located no closer than eight hundred feet (800') from the property line of a lot occupied by an existing sexually oriented business use granted a conditional zoning certificate.
(c) The interior parts of any building or structure used for viewing booths and viewing areas or used as an adult arcade, adult bookstore, adult video store, adult motion picture theatre, or adult theatre, singularly or in combination, shall be visible from a continuous main aisle open and absent of any curtain, door, wall or other enclosure.
(d) No sexually oriented activities or materials may be sold, furnished, displayed to or involve any person under the age of twenty-one (21) years.
(Ord. 05-60. Passed 10-6-05.)
(e) Notwithstanding any other provisions of this Zoning Ordinance, the Planning Commission shall hear, decide and issue a written decision on an application for a conditionally permitted use for a sexually oriented business within thirty (30) days of the date a complete application is filed with the Zoning Inspector. Failure to do so shall constitute approval.
(Ord. 10-34. Passed 8-5-10.)
1145.38 CONCESSION STANDS.
(a) As used in this section, "Concession Stand" shall have the definition as set forth in Ontado Codified Ordinance Section 1133.02(37). This section shall not be applicable to Concession Stands operated as temporary outdoor amusements as defined in and operated pursuant to Chapter 731 of the Codified Ordinances of this City or to Concession Stands operated on property owned by the owner or operator of the Concession Stand.
(b) No Concession Stand will be allowed to operate in this City without a valid permit obtained from the Zoning Inspector.
(c) Permit Required.
(1) A Concession Stand can only receive one (1) permit per calendar year. Each permit issued pursuant to this section shall expire December 31 of the calendar year of issue. Each permit will be valid for thirty (30) days, consecutive or not, shall be valid for only that calendar year, and shall allow the Concession Stand to operate at the address or addresses listed on the permit prior to expiration. Should a Concession Stand operate in this City after the expiration of the permit or at an address not listed on the permit, this shall be a violation and the penalty shall be as set forth in subsection (e) below. Permit fees shall be determined by Ordinance. Concession Stand permits are not ìansferable to any other business, individual or organization.
(2) The owner or operator of the Concession Stand shall be required to give the Zoning Inspector the following information so that a permit can be issued:
A. The owner of the Concession Stand's name/DBA, address, phone number and email address.
B. The operator of the Concession Stand's name, address, and phone number if different than the owner.
C. The location and business hours that the Concession Stand will be operated for the purposes of selling goods, objects, apparel or food for direct sale to the general public.
D. Owner must have proof of liability insurance for the minimum amount of one hundred thousand dollars ($100,000) in order to operate in the City.
E. Vehicle/trailer information where applicable: Make, model, year, license plate number and color.
F. Should the Concession Stand operate at a different location within the City which is not listed on the permit, then within forty eight (48) hours of moving to that location, the owner or operator of the Concession Stancl shall give this new address to the Zoning Inspector who shall add that address to the permit.
G. Failure to give any of this information to the Zoning Inspector shall be a violation of this section which shall be penalized per subsection (e) below.
H. City sponsored events will require a Concession Stand permit, but the fee will be waived. City sponsored events will not contribute to the maximum allowed days for the Concession Stand permit.
I. Concession Stands operated by an organization organized as a not-for-profit pursuant to I.R.C. §501(c)(3) will require a Concession Stand permit, but the fee wil be waived.
(3) The Zoning Inspector shall issue the permit; to the owner and/or operator of the Concession Stand. Upon being given the permit, the owner and/or operator shall acknowledge on the permit that the owner/operator is aware that operating the Concession Stand in the City for more than thirty (30) days or after its expiration shall constitute a violation of this section.
(4) Within two (2) days after the expiration of the permit, the Concession Stand shall be required to cease operations and move from any premises listed on its permit until a new permit can be issued.
(5) Once issued, the permit is not transferrable to any other Concession Stand owner or operator.
(d) Other Requirements.
(1) Applicants must have permission of the property owners and must NOT operate in any residential districts.
(2) Must acquire all necessary permits/licenses from Richland County and the State of Ohio.
(3) Applicants are NOT entitled to City utilities.
(4) Each mobile unit is required to be inspected by the local fire department when necessary.
(5) Operators are required to dispose of all waste properly.
A. Provide a trash receptacle available to the public
B. Keep area clean and free of trash, grease and debris
C. Dumping in City property or sewers is prohibited
(6) Subject to occasional monitoring.
(7) Operation in designated handicap parking spots is prohibited.
(8) Occupying parking spots in such a way it violates the minimum parking spaces for that business is prohibited.
(9) Shall not operate closer than fifteen (15) feet to crosswalks, fire hydrants, ingress or egress locations, or store entrances.
(10) Shall not operate in any public right of way or on any public property.
(11) Common ownership is considered one lot.
(12) Shall only operate in Business and Industrial Districts.
(13) Shall not use amplified audio.
(14) Shall not display additional signage except for a menu board no larger than eight (8) square feet.
(e) Whoever violates this section shall be subject to the following penalties:
(1) A fine of one hundred dollars ($100.00) per day for each day the Concession Stand is operated in excess of the allowed thirty (30) days, without a valid permit, with an expired permit, or with an invalid permit, immediate revocation of the permit if still valid, and ineligibility of the Concession Stand, its owner, and its operator to receive a permit to operate in this City for five (5) years from the date of violation. The City may also seek an injunction or other court order to prevent the occurrence of the Concession Stand or to otherwise enforce the provisions of this section.
(f) This section also applies to a Concession Stand owned or operated by the same owner or operator but is operated under a different business name or operated by a family member of the Concession Stand owner or operator.
(g) Anything not covered in or in deviation of Section 1145.88 will be subject to the approval of Planning Commission.
(Ord. 22-02. Passed 1-19-22.)
1145.39 HOURS OF CONSTRUCTION.
(a) Construction activity such as excavating, carpentry work, brick laying, cement work, stone work, operations involving chain saws, any form of labor performed on the construction, maintenance or repair of underground utility lines, mains, sidewalks, streets and structures or the operation of such tools or equipment that would disturb the good peace and quiet of the community shall only be permitted within 1,000 feet of any residence between the hours of 7:00 a.m. to 9:00 p.m. However, said activities may be performed within an enclosed structure or by the owner or a resident of the subject premises if said activity does not cause a nuisance.
(b) The provisions of this section shall not apply to emergency work of public service or to special circumstances approved by the Mayor when such circumstances are substantially similar to emergency work of public service.
(c) Whoever violates this section is guilty of a minor misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00) for each offense set forth in Section 501.99(2) of the Codified Ordinances. A separate offense shall be deemed to have been committed each thirty (30) minutes during which a violation continues.
(Ord. 23-23. Passed 11-1-23.)
1145.40 ELECTRIC VEHICLE CHARGING STATIONS.
An electric vehicle charging station is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.
(a) Applicability.
(1) Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the standards in this Section.
(2) Due to the fact the technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the Zoning Inspector or Planning Commission may authorize variations from these standards, so long as the intent and goal of the standards and this Section are addressed.
(3) Level 1, level 2 and Level 3 chargers may be used
(b) Reserved Parking. Except when located in conjunction with single-, two- and three-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.
(c) Service Fees. The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to residents, employees and visitors to the property. Collection of charging station fees shall not affect the zoning land use classification of properties where electric vehicle charging stations are installed as accessory uses. If an EV charging station is proposed as the main or principal use, the proposal shall be subject to the review requirements for a service station, as permitted under Chapter 1143, "Conditionally Permitted Use Standards".
(d) Signage. Each electric vehicle charging station shall be posted with sign age indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in subsection (f) Sign age Notification, of this Section and shall be no larger than 4 square feet. Way finding signs conveniently located to guide motorists to the charging stations are permitted with approval of the Zoning Inspector.
(e) Equipment Standards. Equipment for electric vehicle charging stations shall comply with the following standards:
(1) Installation shall meet applicable electric code.
(2) Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.
(3) Charging station outlets and connector shall be no less than thirty-six (36) inches or no higher than forty-eight (48) inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.
(4) Equipment for public use shall be protected by concrete-filled bollards.
(f) Signage Notification. The following information shall be posted at all electric vehicle charging stations:
(1) Voltage and amperage levels;
(2) Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
(3) Usage fees;
(4) Safety information;
(5) Contact information for reporting when the equipment is not operating or other problems.
(g) Calculation for Required Parking. Electric vehicle charging stations located within parking lots or garages may be included in the calculation of the minimum required parking space.
(h) Yard Location. Electric vehicle charging stations may be located in any yard.
(1) If a lots principle use is residential:
A. A minimum fifteen (15) foot front setback is required
B. Must be located in conjunction with a paved surface
(2) For lot uses other than residential. must follow the requirements outlined in Section 1145.18 "Off-Street Parking Requirements".
(Ord. 24-02. Passed 2-7-24.)