Oxford City Zoning Code
CHAPTER 1141
Accessory, Temporary, Supplemental and Environmental Regulations
1141.01 ACCESSORY REGULATIONS.
This section shall apply to accessory uses and structures in all zoning districts, unless otherwise provided for in the development requirements of the district in which the property is located or the respective planned development text.
(a) Permitted Accessory Uses and Structures in Residential Districts. The following provisions pertain to accessory uses and structures when located in Residential Districts. Unless otherwise stated in this Section or exempted below, detached accessory buildings and uses shall be located in the rear yard.
(1) Accessory Buildings.
A. No accessory building shall be used as a dwelling unit, sleeping quarters, or business, except as may be allowed in the R-3MS District.
B. There shall be no more than two (2) detached accessory buildings on a lot in a Residential Zoning District. Only one of these accessory buildings can be a garage.
C. The total square foot area of all accessory building on a lot shall not exceed 1,000 or fifty percent (50%) of the footprint of the principal structure whichever is smaller.
D. A detached accessory building shall be at least ten (10) feet from any dwelling or other accessory building or structure situated on the same lot or abutting.
E. A detached accessory building shall not exceed twenty (20) feet in height or the height of the principal structure whichever is less.
F. All parts of a detached accessory building shall be at least three (3) feet from all lot lines.
G. Accessory buildings are not permitted in front of the principal structure or within a front yard.
H. On a corner lot all accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(2) Swimming pools, Hot Tubs, and Private Residential Recreational Facilities.
A. Swimming Pools and Hot Tubs.
1. The pool and hot tub is to be used only by the occupants and guests of the principal use on the property.
2. The pool, including any ancillary sidewalk or decking surrounding said pool, shall be no closer to the side lot line than the side yard requirement for the district in which it is located; and may encroach into the rear yard setback but in no instance shall be closer than ten (10) feet to the rear property line.
3. A swimming pool located closer than fifty (50) feet to a property line shall be screened by an obscuring fence, wall, hedge, or building not less than six (6) feet in height and maintained in good condition.
4. A pool is exempt from the lot coverage regulations, except that an above ground pool shall not exceed fifty percent (50%) of the rear yard area.
5. No private swimming pools, including inflatable pools, shall be located in the front yard.
6. A hot tub shall not be located in a front yard and shall set back from the side and rear property lines in accordance with the district requirements.
B. Private Residential Recreational Facilities. (i.e. tennis courts, baseball field, skate ramps, basketball court)
1. May only be used by the occupants and guests of the principal use on the property.
2. May be located only in the rear yard.
3. A fence is permitted in accordance to subsection (c)(4) below, except the fence shall be located no closer than five (5) feet of any property line.
4. Such courts may be fenced with a chain link fence located around the perimeter of the court, except as regulated in the Mile Square, and any fence over six (6) feet in height shall be planted with large shrubs in sufficient quantities to screen and filter the view.
5. A fence or wall shall not exceed eight (8) feet in height.
6. No special lighting shall be erected for the recreational facility other than standard lighting typical for residential use.
7. A portable basketball hoop may be located off of a driveway in the front yard, but such hoops shall not be positioned in such a way that participants are playing in the public street.
(3) Porches, Stoops and Decks.
A. All porches, stoops and decks, inclusive of those attached to the principal structure or detached, shall meet the setback requirements for the district in which it is located except when affiliated with a pool as regulated in Section 1141.01(a)(2) above.
B. Properties in the Mile Square are subject to the Mile Square Design Guidelines.
(4) Exemptions.
A. The following items are permitted in the side or rear yards, and do not require a permit:
1. Swings or play sets.
2. Sandboxes.
3. Gardens with garden type fencing.
4. Clotheslines.
5. Inflatable pools of less than two (2) feet in depth.
6. Trellises.
7. Outdoor fire pits or chimneys.
8. Wood piles.
B. The following items are permitted in any yard, and do not require a permit:
1. Birdbaths or Fountains.
2. Flagpoles.
3. Statues.
(b) Accessory Use Provisions in Business and Industrial Districts. Permitted accessory uses in a Business or Industrial District include any use which is customarily found in conjunction with and required for the utilization and economic viability of the principal use, which meets the definition of accessory use as stated in this chapter, and which complies with the applicable standards of the district in which it is located.
(1) Accessory Buildings.
(2) A. The total square foot area of all accessory buildings on a lot shall not exceed 1,000 or ten percent (10%) of the footprint of the principal structure whichever is greater.
B. A detached accessory building shall be at least ten (10) feet from any other building or structure situated on the same lot or abutting.
C. A detached accessory building shall not exceed the height of the principal structure.
D. All parts of a detached accessory building shall be at least ten (10) feet from all lot lines.
E. Accessory buildings are not permitted in front of the principal structure or within a front yard.
F. On a corner lot all accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(2) Outdoor Vending Machines, Facilities for Recycled Goods or Materials, Display and Storage Areas, etc.
A. As used in this subsection, the term "vending facilities" includes:
1. Self-service mechanical dispensers such as but not limited to soft drink machines, candy machines, news racks, movie kiosks, mechanical rides; and
2. Freestanding container racks from which customers pick up merchandise to be purchased inside the buildings such as, but not limited to ice coolers/freezers, propane tanks, mulch, and;
3. Dumpster styled containers for recycling materials or clothing donations; but
4. Excludes motor fuel pumps.
B. These facilities may be permitted in all business and industrial districts.
C. Such facilities shall not occupy the following unless designated on a site development plan.
1. Private sidewalks that impede pedestrian traffic.
2. The public right-of-way,
3. Within an interior drive or drive isles,
4. Landscape areas or required parking areas,
5. Any area that will interfere with required driveway sight distance,
6. The front yard setback or side yard setback adjacent to the public right-of-way, except when located against the building.
(c) Accessory Use Provisions for All Zoning Districts.
(1) Handicap Ramps. As regulated in the City of Oxford Buildings Codes.
(2) Accessory building or use shall be erected on the same lot on which a principal structure already exists.
(3) An accessory building or use which is attached to the main building shall comply with all the requirements of the zoning district regulations that are applicable to the principal building.
(4) Fences, Walls and hedges. The intent of these provisions is to outline the regulations for accessory fences, walls and hedges. Such structures and plantings shall generally improve the aesthetic appearance of a site. Where buffer yard or other screening requirements pursuant to the provisions of this chapter differ from the provisions of this section, the more stringent requirements shall apply.
A. Residential fences, walls, and hedges:
1. May not exceed four (4) feet in height in front yards.
2. Cannot exceed eight (8) feet in height in side and rear yards.
4. Shall be located at least two (2) feet from the property side of any sidewalk present and shall not be located in the public right-of-way.
B. Non-residential fences, walls, and hedges:
1. May not exceed six (6) feet in height in the front yards or four (4) feet in height in the Uptown "UP" Zoning District.
2. May not exceed twelve (12) feet in height in side and rear yards.
4. Must be located at least two (2) feet from the property side of any sidewalk present, except in the Uptown (UP) District.
5. Shall not be located in the public right-of-way.
6. If fencing or a gate blocks the access drive to the property, there shall be a sufficient queuing space provided.
C. Barbed wire and electrified fences are not permitted.
(5) Home Occupations. A home occupation does not require a zoning permit. If the Zoning Administrator determines that a business is operating in a residential or commercial district and that it does not meet the regulations of this section, the property owner of the property on which the business is operating shall be guilty of a violation of the Zoning Code. A home occupation shall:
A. Have person(s) residing in the premises engaged in the business activity.
B. Be conducted entirely within an existing dwelling unit and/or one enclosed accessory structure.
C. Occupy a maximum of twenty-five percent (25%) of the floor area of the residence and/or enclosed accessory structure, including all operations and storage.
1. Attached garages as well as unfinished basements or attic areas shall not be counted towards the total floor area of the dwelling unit. In situations where there are two (2) or more dwelling units attached, the calculation of the total floor area shall be limited to the area of the dwelling unit in which the operation will be located.
2. Such accessory structure shall not be utilized for a home occupation if it is the required parking space for the principal use.
D. Home Occupations located in the R1A, R1B, RO and GB zoning districts are permitted to have two (2) non-resident employees, however no more than one non-resident employee is permitted on the premises at one time. One (1) non-resident employee is permitted in the R1MS, R2A, R2MS, R3, R4 and R3MS zoning districts.
E. Any nonconforming residential use in the GB zoning district that exceeds the requirements herein for a home occupation shall lose its nonconforming status.
F. Not change the outside appearance.
G. Have no deliveries or clients before 9 a.m. or after 9 p.m.
H. Have fewer than ten (10) business visitors per week.
I. Have no more than one (1) business visitor at a time.
J. Have only one (1) non-illuminated sign a maximum of two (2) square feet, mounted flat against the wall of the principal building.
K. Not generate a greater volume of traffic or parking need than would normally be expected in a residential neighborhood.
L. Not generate noise, vibration, fumes, odors, electrical interference, or other offensive effects and noxious omissions generated by the home occupation detectable outside of the dwelling unit (or off of the lot at single-family residences).
M. Prohibited Home Occupations.
1. Homes that serve as a gathering point for employees engaged in the business operation that takes place off the premises. This may include, but it is not limited to, landscape and/or lawn care business offices, construction offices, or a trucking business where drivers or employees gather at the home before being dispatched from the home for the purposes of the home occupation.
2. Operations that require fire safety inspections.
3. Operations involving biohazard materials or hazardous waste that poses substantial or potential threats to public health or the environment.
4. Operations that require the use of mechanical ventilation systems to exhaust the by-products of the home occupation; or
5. Operations that involve the use of controlled substances.
(6) Transient Guest Lodging.
A. Transient Guest Lodging is allowed as an accessory use only in Single-, Two- and Three-Family Dwellings, including any that are condominiums. Transient Guest Lodging is prohibited for all other principal uses and building types, including Multi-Family Dwelling structures with four (4) units or more.
B. The principal use to which the Transient Guest Lodging is associated must be one that is permitted by the underlying zoning district, unless the residential use is pre-existing and recognized as legally non-conforming. For example, a pre-existing single-family dwelling which is non-conforming in a commercial zoning district may be permitted for transient guest lodging as an accessory use.
C. For Two- and Three-Family Dwellings, only one (1) unit at a time within a building may be used for Transient Guest Lodging.
D. There shall be no more than one (1) Transient Guest Lodging Booking per dwelling unit at a time.
E. The number of days booked per calendar year shall not exceed ninety (90) for the entire structure, inclusive of all dwelling units. The maximum number of days is cumulative across any one calendar year period. In order to be potentially allowed more than ninety (90) total days per year, the use ceases to be considered an accessory use for Transient Guest Lodging; instead, a Conditional Use Permit must be sought for a principal use as a Bed & Breakfast.
F. For Transient Guest Lodging accessory uses in the R-1A, R-1B, R-2A and R-3 districts, at least one (1) of the dwelling units within the structure must be the owner's primary residence. "Primary residence" is as defined in subsection G. below. In order to demonstrate that a unit is a primary residence, owners shall provide to the Community Development Department a signed and notarized affidavit attesting to this fact. The Department also reserves the right at any time to request copies of one or more of the following documents to further assist in proving ownership and residency: (1) motor vehicle registration; (2) driver's license; or (3) voter registration.
G. For purposes of applying the standards of this subsection G. , "primary residence" shall be defined as the main home of an individual. An individual has only one primary residence at a time. If an individual owns and lives in just one dwelling unit, then that dwelling unit is their primary residence. If an individual owns or lives in more than one dwelling unit, then the individual must apply a "facts and circumstances" test to determine which dwelling unit is their primary residence. While the most important factor is where the individual spends the most time, other factors are relevant as well. The more of these factors that are true of a home, the more likely that it is a primary residence. Factors include, but are not limited to, the address listed on an individual's Ohio-issued driver's license or identification card, voter registration, federal and state tax returns, and/or vehicle registration.
H. A Transient Guest Lodging use that cannot meet the standards provided above in subsections A. - G. may seek approval of a Conditional Use Permit for a principal use as a Bed & Breakfast in accordance with Chapter 1147.
I. All dwellings being utilized for Transient Guest Lodging shall be registered with the City pursuant to Chapter 743 of the Oxford Codified Ordinances.
(Ord. 3823. Passed 6-3-25.)
1141.02 TEMPORARY REGULATIONS.
(a) Purpose. Temporary uses shall be permitted in applicable zone districts by the grant of a Zoning Permit issued by the Zoning Administrator in accordance with the requirements of this section. Failure to obtain a zoning permit shall be a violation of this chapter.
(b) General Provisions.
(1) The duration of the temporary period is stated hereinafter, provided, however, renewal of such permit may be requested.
(2) Temporary uses shall be subject to all site development regulations of the applicable zoning district.
(3) No required off-street parking space(s) shall be occupied by the temporary use.
(c) Permitted Temporary Uses. Permits shall be required, unless otherwise exempted, for the following temporary uses, provided that they meet these requirements:
(1) Construction Facilities.
A. Construction trailer, shed or staging yard area incidental to a construction project.
B. The trailer, shed or staging yard area shall be located on the lot on which construction takes place unless otherwise approved by the City Manager.
C. The trailer, shed or staging yard shall not be located within twenty-five (25) feet of any abutting residential or non-residential structure and shall meet the setbacks of the district in which it is located.
D. A trailer shall be limited to one (1) in a residential district and two (2) in a non-residential district and only be used for a field office and for the temporary storage of building materials and equipment necessary for the construction site.
E. A maximum of an eight (8) foot high temporary fence is permitted around the boundaries of the construction site.
F. Such fencing, trailer, shed or staging yard shall be removed within thirty (30) days once that construction ceases.
G. On-site sanitary facility shall not be located within ten (10) feet of any property line or right-of-way line.
(2) Temporary Shelter.
A. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted.
B. Such temporary housing shall only be approved as part of the permit application for reconstruction and shown on a sketch plan.
C. Required water and sanitary facilities must be provided.
D. Maximum length of permit shall be six (6) months, but the zoning office may extend the permit for periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner. Application for extension shall be made at least fifteen (15) days prior to the expiration of the original permit.
E. The mobile home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence even if the temporary use permit is still valid.
(3) Real Estate Sales Offices and/or Model Home Offices.
A. A Final plat for such development has been approved by Council.
B. Any such unit shall conform to all requirements for residential uses for the district in which it is located.
C. Infrastructure improvements to the lot for which a permit is being requested must be completed to the Engineering Divisions satisfaction for utilities and road access.
D. Offices shall be removed within one year of the completion of the most recent phase of the subdivision.
(4) Place of Worship or School Festivals.
A. All temporary stands, tents or rides shall not be located within twenty-five (25) feet of any property line.
B. Maximum length of permit shall be three (3) days.
C. Set-up for such festival shall not start more than seventy-two (72) hours prior to the event and shall be completely removed within forty-eight (48) hours after the event.
(5) Carnivals or Circuses.
A. Permitted in the General Business or Light Industrial zoning district and any property owned by the City of Oxford, Talawanda School District, or Miami University.
B. No structure or equipment shall be within 250 feet of any residential property line.
C. Maximum length of permit shall be seven (7) days.
D. Site plan, parking plan and any other health, fire, state or federal approvals required at time of request.
E. The person responsible for the operation of any such carnival or circus shall provide the City Manager in advance of the event date(s), any contact information in the event of an emergency and requests for any other special arrangements (i.e. road closures, police assistance or emergency personnel)
F. Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.
(6) Auctions. (No permit required)
A. Auctions for the sale of personal property or land may be conducted at any individual location no more than once per year.
B. Every precaution shall be taken to control parking and keep attendees on the property being auctioned.
C. Such auction held in a non-residential district must be related to the business conducted on the property or the contents of the premises.
D. An auction house as the principle use is exempt from these requirements, but subject to the requirements of the district in which it is located.
(7) Garage Sales. (No permit required)
A. Garage sales are permitted in residential districts in order to allow residents to sell excess personal property.
B. Each garage sale shall not exceed four (4) days.
C. Only two (2) garage sales shall be permitted per calendar year at any individual location.
D. No person conducting a garage sale under the provisions of this Article shall sell or offer for sale any food or beverage for consumption on the premises. Food or beverage may be provided for such consumption at no cost to the consumer, but only if a permit is obtained in advance from the Health Department.
E. No fee or other charge shall be imposed upon members of the public attending any such sale.
F. One non-illuminated sign not exceeding four (4) square feet in size, no more than three (3) feet in height above grade may be displayed on the property where the sale is being held.
G. Special lighting and noise making devices or other similar advertising displays or notices shall not be used to call attention to the garage sale.
(8) Temporary Fences.
A. Temporary fences are permitted in the side or rear yard, not to exceed four (4) feet in height, for the purpose of a garden or animal containment only.
B. No permit shall be required.
(9) Christmas Tree sales.
A. Permitted in any Non-Residential district.
B. Maximum length of permit for display and open lots sales shall be forty-five (45) days.
(10) Tents (Residential).
A. Tents for graduations, weddings or other similar events are permitted for a period not to exceed three (3) days and no more than two (2) times a year.
B. No permit is required except for tents over 200 square feet.
C. Such tent shall be placed in such location that will not interfere with access drives into or within the property, or will reduce required parking spaces.
(11) Tents Sales (Non-Residential).
A. Tent Sales are only permitted in relation to the business conducted on the property.
B. Tents and all display items shall maintain a thirty (30)-foot setback from all adjacent thoroughfare rights-of-ways.
C. Such activities shall be placed in such location that will not interfere with access drives into or within the site, or reduce required parking spaces.
D. Tents are permitted for a maximum thirty (30)-day period per calendar year. No permits are required except as required by the Ohio Basic Building Code.
(12) Farmers Markets (No permit required)
A. Seasonal merchandise, such as, but not limited to, plants, garden supplies, produce, pumpkins, fruit, vegetables, honey, maple syrup, may be sold outdoors within the General Business, and Light Industrial District.
B. Such activities shall be placed in such location that will not interfere with access drives into or within the site, nor will reduce space for required off-street parking facilities.
C. Such facilities and all display items shall maintain five (5') foot setback from the sidewalk or ten (10') foot setback from the back of curb, whichever is greater, so as not to impede traffic or affect sight visibility in and out of a parking area.
D. Typically held between March and October with the exception of Christmas tree sales.
E. One (1), six (6) sq. ft. sign per vendor may be displayed at their respective stand.
F. One (1) ten foot by ten foot (10' x 10') tent or awning is permitted per vendor.
G. All tables, chairs and merchandise shall be loadable into a standard vehicle and shall be removed by dusk.
H. The following are exempted from these regulations:
1. The Uptown Farmer's Market authorized by City Council.
2. Any Farmer's Market authorized by Talawanda School Board on school property.
3. Any Farmer's Market on University property, authorized by the University.
(13) Temporary Sales, Roadside Stands or Transient Vendors.
A. Temporary or seasonal commercial activities, such as book sales/purchases, mattress sales, jewelry sales, art sales, craft, rug or food sales may be conducted outdoors only on private property in the General Business and Light Industrial Zoning Districts. Commercial activities in right of ways are prohibited in accordance with Section 735.01.
B. Such activities shall be placed in such location that will not interfere with access drives into or within the site, nor will reduce space for required off-street parking facilities.
C. Such facilities and all display items shall maintain the underlying zoning districts front yard setback from all adjacent thoroughfare rights-of-ways so as not to impede traffic or affect sight visibility in and out of a parking area.
D. A maximum of one (1) twenty foot by twenty (20' x 20') tent or awning is permitted per vendor.
E. All tables, chairs and merchandise shall be secured within the tent upon the close of the operation hours.
F. Merchandise is prohibited from being sold directly out of a semi-trailer, box truck, moving van or other vehicle.
H. Permits will be issued for a maximum of fourteen (14)-days per vendor and per property, per calendar year.
1. Proof of approval from the land owner must accompany the application.
2. Proof of current vendors license in accordance with Chapter 705 of the Oxford Codified Ordinance.
(14) Vendors and Mobile Food Carts.
A. Vendors and Mobile Food Carts are specifically prohibited in any Residential district and the Uptown District unless approved by permit from the Office of the City Manager as part of a Charitable or Community event as defined in Section 735.01.
(15) Portable Storage Containers. Containers designed for the temporary storage of property that can be moved by truck or trailer (including intermodal storage units).
A. No zoning certificate is required if portable storage containers are to be placed on the premise no more than seven (7) days. The Zoning Administrator may permit any portable storage container to be placed on a property for up to thirty (30) days, provided the property owner has an active building permit or has demonstrated the need. An additional fourteen (14) day extension may be granted provided the property owner demonstrates extenuating circumstances.
B. Any portable storage container must be located on a driveway or other hard surfaced area. Portable storage containers shall be a minimum of eight (8) feet from the back of the curb and shall not extend onto the sidewalk.
C. Calamity Exception. If the portable storage container is being used to store personal property as a result of a major calamity (e.g. fire, flood or other event where there is significant property damage), the City Manager may extend the time period allowed in subsection A. above.
(Ord. 3823. Passed 6-3-25.)
1141.03 SUPPLEMENTAL REGULATIONS.
In addition to all regulations specified for the Zoning Districts and in other sections of this Ordinance, the provisions of this Section inclusive shall be used for interpretation and clarification.
(a) Restriction on Principal Buildings. In a Residential district, there shall be no more than one principal building or use on one lot, except through the Planned Development process. In order for a residential structure to be considered one principal building, each dwelling unit within the structure must have space fully enclosed from the weather (and which is customarily heated and cooled) sharing a common wall at least eight (8) feet in length with fully enclosed space of at least one other dwelling unit within the same structure. In Commercial or Industrial districts, more than one principal building is permitted provided all other site development regulations of the district are satisfied.
(b) Every building hereafter erected, converted, enlarged, reconstructed or structurally altered shall be located on a lot of record, and shall have its principal entrance upon a street bordering such lot.
(c) Setback and Yard Requirements.
(1) Corner Lots.
A. On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located. (See the definition of Yard- front.)
B. On a corner lot, accessory buildings and uses may be located in the side yard with the most distance to the neighboring property or the side yard located at the rear of the house as illustrated in Figure 1. (Corner Lots)
(2) Double Frontage/ Through Lots.
A. Buildings on lots having frontage on two streets (double frontage lots) need not have a rear yard setback; however, the required front yard shall be provided on both streets as illustrated in Figure 2.
B. On a double frontage lot, accessory buildings may be located in the front yard located to the rear of the house as illustrated in Figure 2.
(3) Front Yards.
A. The width of a lot is measured at the setback line established under the zoning district or on a plat of record on file with the Butler County Recorder.
B. An average front yard setback may be established when more than fifty percent (50%) of the lots have been developed within that block face. The average front yard setback required shall, in no circumstances, be less than sixteen and one-half (16.5) feet.
C. Lots having frontage along a public street and one alley along the side of the property shall provide a side yard setback along the alley as illustrated in Figure 3.
D. Lots having frontage along a public street and one alley at the rear of the property shall provide a rear yard set back along the alley as illustrated in Figure 3.
E. Lots having frontage along a public street and two alleys' shall provide a side and rear yard setback along the alleys' as illustrated in Figure 3.
F. The front yard setback shall be taken from the right-of-way line; for purposes of applying this provision, any area vacated by Ordinance No. 103 measuring 16.5 feet in width shall not be counted toward the right-of-way from which the measurement is taken.
G. In any instance where the property line is in the center of the street and is not the same as the right-of-way line, the setback shall be taken from the right-of-way.
(4) Rear Yards.
A. Rear yard depths may be varied where the rear wall of a building is not parallel with the rear lot line or is broken or otherwise irregular. In such cases, the average depth of the rear yard shall not be less than the required minimum or narrower than twenty (20) feet.
(5) Mixed Use Buildings. Where dwelling units are erected above commercial structures in commercial districts, no side yards are required, except such side yard as may be required in the district regulations for a commercial or industrial building on the side of a lot adjoining a residential district.
(6) Projections into Required Yards.
A. Every part of a required yard shall be open to the sky except for accessory buildings and ordinary projections of sills, belt courses, cornices, canopies, eaves, and architectural or ornamental features which may project a distance not to exceed two feet, six inches. (1.5' above)
B. An open air ramp and necessary landing may project a distance not to exceed six (6) feet.
C. Bay windows, balconies, or chimneys may project into a yard a distance not to exceed three (3) feet; provided however, that the aggregate width of such projection shall not exceed one-third of the length of the wall upon which they are located.
D. A porte-cochere may project into a required side yard provided every part of such porte-cochere is unenclosed and shall not be less than five (5) feet from the side lot line. No portecochere roof top may be utilized as a deck or outdoor living space unless it satisfies the setback requirements of the district in which it is located.
E. Stoops or steps to a building entrance, covered or uncovered, may project a distance not to exceed four (4) feet.
F. A patio less than one (1) foot above grade may encroach into side and rear yards, so long as it is at least five (5) feet from the side lot line and at least fifteen (15) feet from the rear lot line.
(e) Visibility at Intersections. On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and a half (2 ½) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots a line joining points along such street lines twenty (20) feet from the point of intersection.
(f) Use of the Vacated Right of Way. On any lot, having a portion of its land area, vacated by Ordinance No. 103, the use of that vacated portion shall be restricted to lawn, landscaping, sidewalks and authorized egress and ingress driveways, except that in the Uptown District such land vacated by Ordinance No. 103 may be used for municipally-owned parking or municipally-regulated parking and outdoor patio areas as regulated in Section 1143.10 Uptown District Regulations.
(g) Exceptions to Height Regulations.
(1) The height limitations contained in Chapter 1143 District Requirements do not apply to any agricultural farm structure provided they are located fifty (50) feet or more from a lot line of residentially zoned property.
(2) Church spires, belfries, cupolas, water tanks, ventilators, chimneys, air conditioning units, elevator bulkheads or other necessary mechanical equipment appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and take-off of an aircraft at an established airport. Such appurtenances shall be positioned, to the extent possible, to minimize the visibility from street level.
(3) Such height regulations shall not apply to fire towers, cooling towers, gasholders or other structures where the manufacturing process requires a greater height. All such structures shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be at least twenty-five (25) feet in all parts from every lot line.
(4) The height of cell towers and other wireless telecommunication towers are subject to the usespecific regulations ofthis Ordinance.
(h) Residential Building Additions. No addition to an existing residential building that results in or enables a new dwelling unit shall be approved, unless it is permitted by the underlying zoning district. Additions shall also be subject to the following requirements:
(1) Any addition that results in one or more new dwelling units shall:
A. Be constructed of material that is similar in type and proportions to the original building (e.g. if the original building's exterior consists predominately of brick material, the addition must also be constructed of brick material in a similar manner); and
B. Be designed in the same architectural style and character as the original building including maintaining or extending any architectural features on the existing building; and
(2) Any addition which serves as an expansion to an existing use and does not change the number of dwelling units shall:
A. Be constructed of similar material, in similar proportions, to the facade that is being extended or altered, unless located in the rear yard and not visible from any public right-of-way.
(i) ADA Compliance Standards. Any additions to a nonconforming structure or use for ADA compliance (i.e. elevator, ramp) that does not expand the use shall be permitted, provided the setbacks for the district in which it is located are satisfied.
(j) Alley Development.
(1) Purpose. The standards of this section are hereby adopted in the interest of promoting the public health, safety, convenience, comfort, prosperity, and general welfare of the residents of Oxford. Developments occurring in settings where conventional street frontage is absent, thereby limiting access to the use of one or more public alleys, have shown to pose unique challenges. Challenges can include obstructions to emergency access, lack of public infrastructure improvements, and improper drainage, among others. Additionally, the neighborhood pattern and character embedded deep within residential blocks is deserving of specially tailored site regulations to achieve a character and function found desirable by the community. These regulations are hereby adopted in an effort to better protect and promote the public health, safety and welfare in a manner which does not compromise vested rights to private property usage.
(2) Applicability and Use Allowance.
A. As used in this section, alley development shall be defined as any construction, addition or alteration taking place on a lot/parcel having frontage exclusively on one or more public alleys. "Alley" shall have the same meaning as is defined in Chapter 1159.
B. The right to alley development shall apply only to those lots/parcels existing prior to the effective date of this chapter which possessed at least 3,000 square feet of lot area and at least thirty-three (33) feet of lot width. In all other circumstances, alley development shall be prohibited.
C. For those lots qualifying for alley development under subsection B. above, minimum frontage requirements which are normally applicable per the underlying zoning district shall not apply.
D. Provided the lot/parcel qualifies under subsection B. above, the maximum use allowance shall be for a single-family dwelling. No greater use allowance shall be permitted.
E. In any case where the regulations set forth in this section may conflict or be inconsistent with other regulations expressed elsewhere in this Code, the regulations set forth in this section shall prevail. Except as may be expressly provided elsewhere in this section, all other regulations including those specific to zoning district, land use, site development, etc. shall continue to be enforced as normally applicable.
F. Notwithstanding subsections B. through E. above, all properties located within the Uptown UP zoning district shall be exempt from the provisions of this section. Properties located within a designated historic district shall continue to be subject to the rules and regulations of Chapter 1152, Historic and Architectural Preservation.
(3) Interpretation.
A. Minimum yard depths (i.e., setbacks) for alley development shall be measured utilizing the same interpretations and definitions as are normally applicable to standard lots fronting on one or more streets, except that in the case of alley development any alley shall be construed the same as a street.
(4) Site Plan Review.
A. Applicability. Any single-family dwelling proposed for construction under the provisions of this section shall require review and approval of a site plan.
B. Procedures and Authority.
1. The Zoning Administrator and Chair of the Planning Commission may, acting for the Planning Commission, mutually approve the proposed site plan if found to be in compliance with applicable standards and in substantial conformance to the Review Criteria as set forth in subsection C. below.
2. If, in the opinion of the Zoning Administrator or the Chair of the Planning Commission, the proposed site plan: (1) does not substantially conform to one or more Review Criteria set forth in subsection C.; or (2) requires waivers or exceptions to code requirements pursuant to subsection D.; or (3) deserves public attention due to a special or unique aspect or an otherwise unexpected or undesirable outcome; the request shall be referred to the Planning Commission for a decision at the next available regular meeting and advertised as a public hearing. A quorum of at least four (4) members is required in order for a submitted site plan to be considered. Following a public hearing, a majority vote of the members present is required in order to approve or deny a site plan.
3. Any denial of a proposed site plan for a single-family dwelling in an alley environment must be supported by a preponderance of substantial, reliable and probative evidence on the record. The record shall be clear in establishing facts and findings which support the decision rendered.
4. No site plan may be denied solely on the basis of prohibiting additional residential land use or density. Any single-family dwelling pursued by an owner/applicant under the applicability provisions of subsection (2) above is considered a permitted use; therefore, the aspect of land use allowance is not subject to discretion.
5. To maintain validity, any approved site plan must be acted upon through the submission of a complete building permit application within two (2) years of the approval date. Once a two (2) year period has passed, the prior approved site plan is deemed expired, and reapplication is required. Should a building permit application be submitted prior to the two (2) year deadline; and thereafter an issued permit expires, or any one reviewing department's permit approval expires prior to issuance; so too shall the approved site plan be considered expired at that point.
6. The denial of a site plan does not preclude the possibility for eventual approval. Any applicant may attempt Site Plan Review again through the submission of plans revised in accordance with feedback received from the Planning Commission and/or City staff.
B. Application Contents.
1. Narrative/Cover Letter Requirements.
a. A description of the existing uses on the site.
b. The zoning district in which the site is located.
c. Separate, detailed statements that individually address each of the review criteria 1. through 10. as listed in subsection C. below.
d. Such other information regarding the proposed development, site, or surrounding area as may be pertinent to the request, including any Code waivers being requested.
2. Site Plan Minimum Details.
a. North arrow, scale and vicinity map
b. All existing and proposed lot lines within the site
c. Dimensions of all lots and the entire site and any adjacent rights-of-way, obtained from a licensed surveyor
d. Location, height, and use of all proposed and existing structures
e. Location and design of all proposed vehicle management areas
f. Location, size, and type of all proposed signs
g. Location, height and type of all proposed screening and landscaping
h. The use of land and location of structures on adjacent property and across adjacent rights-of-way
3. Additional Information. Building elevations shall also be provided. The Zoning Administrator and/or Planning Commission may request additional information pertaining to the proposed development, site, or surrounding area to inform the decision-making process.
C. Review Criteria. The following criteria shall be used by the Planning Commission to evaluate and act upon site plans for single-family dwellings located exclusively along public alleys. The intent is to ensure that development respects the unique characteristics of alley-oriented properties and maintains the overall integrity of the neighborhood.
1. Alley Access: The site plan must demonstrate that the public alley provides safe and adequate access for vehicles and pedestrians. The design should ensure that alley access does not impede the flow of traffic or pose safety hazards.
2. Parking and Driveways: Adequate off-street parking must be provided, with driveway designs that minimize interference with alley circulation. Parking areas must be clearly marked and designed to prevent congestion and ensure smooth traffic flow.
3. Building Placement: Dwellings should be oriented to enhance the functionality of the alley while maintaining a cohesive streetscape with adjacent properties. Setbacks from the alley should be consistent with neighboring structures to preserve the character of the area.
4. Scale and Massing: New buildings should be compatible in scale and massing with existing structures along the alley. The height, bulk, and architectural style should complement the surrounding environment.
5. Sidewalks and Pathways: The site plan must include safe and accessible pedestrian pathways that connect the dwelling to the public alley and any adjacent streets. Sidewalks should be well-lit and designed to accommodate foot traffic without obstructing vehicle access.
6. Connectivity to Public Spaces: Where feasible, provide connections to nearby parks, public spaces, or amenities to enhance the livability of the development.
7. Utility Access: The design must ensure that utilities such as water, sewer, and electricity are appropriately accommodated and accessible from the alley without disrupting its functionality.
8. Drainage and Stormwater Management: Proper drainage and stormwater management systems must be incorporated to lessen runoff and prevent flooding in the alley. Plans should include measures to manage water flow and mitigate potential impacts on neighboring properties.
9. Landscaping: The site plan should incorporate landscaping that enhances the visual appeal of the alley and complements the character of the neighborhood. Landscaping should include features such as trees, shrubs, and ground cover that do not obstruct sightlines or impede alley access.
10. Architecture & Aesthetics: The design of the dwelling should adhere to the Mile Square Design Guidelines as may be pertinent per the underlying zoning district. Designs should be compatible with the architectural style of existing homes within the vicinity and blend harmoniously with the surrounding context. New construction should enhance, rather than detract from, the aesthetic qualities of the area.
D. Waivers and Exceptions. As part of any Site Plan Review procedure, the Planning Commission shall have the power to adjust, modify, or waive dimensional regulations of the Zoning Code beyond those specified in subsections (4) thru (6) herein, or to impose more strict regulations and any additional conditions, guarantees, and safeguards it deems necessary to satisfy the purposes of this section. Maximum building height cannot be waived/modified.
E. Changes to an approved Site Plan; Extensions.
1. Except as provided elsewhere in this section, any change or deviation from an approved/valid site plan which is either: (1) revealed at the building permit stage; or (2) proposed later by the applicant; shall be disclosed by the Zoning Administrator to the Planning Commission Chair.
2. Should there be a desire to extend the validity of an approved site plan beyond the two (2) year expiration, such request must be made by the applicant prior to, and within six (6) months of, the expiration date. Failing this timeframe, a brand new application must be submitted and adhere to the procedural provisions as dictated in subsection 8. above. Any extension request shall be limited to no more than one (1) additional year at a time.
3. In such cases as described in subsections 1. and 2. above, the Zoning Administrator and Planning Commission Chair shall evaluate the magnitude and scope of any proposed change(s) in consideration of the previous site plan approval (inclusive of any conditions), currently applicable code requirements, and the standard Review Criteria set forth in subsection C.; following due consideration, the two shall choose to either mutually approve the extension and/or change(s), or refer the matter to the Planning Commission.
4. In cases where an extension and/or proposed changes to an approved site plan are referred to the Planning Commission, a new public hearing shall be advertised and held at a regular meeting. A quorum of at least four (4) members is required in order for a change and/or extension to be considered. Following a public hearing, a majority vote of the members present is required in order to approve or deny the request.
5. Any request for change(s) and/or an extension shall automatically extend the two (2) year expiration deadline by another year. There is no limit to the number of requests for changes or extensions that may be made.
F. Appeals. Any applicant dissatisfied with an administrative decision mutually rendered by the Zoning Administrator and Planning Commission Chair must request, within thirty (30) days, the matter be heard by the full Planning Commission; if such option is exercised, a new public hearing shall be advertised and held at a regular meeting, and the decision ultimately made by the Planning Commission shall supersede that of the original administrative decision. The appeal of any decision made by Planning Commission shall be to the Court of Common Pleas pursuant to ORC Chapter 2506.
(5) Site Development Regulations.
Single Family Dwelling | |
Yard Requirements | |
Minimum Front Yard Setback | Use minimum side yard setback distance per underlying zoning district |
Minimum Rear Yard Setback | 10 feet |
Minimum Side Yard Setback | Use minimum side yard setback distance per underlying zoning district |
Structural Requirements | |
Maximum Building Height | 26 feet or 2 stores max |
Lot Coverage | |
Lot Total Maximum | 80% of lot |
Front Yard Maximum | None |
(6) Addressing & Principal Entrance Orientation. Any applicant who wishes to apply for the construction of a new single-family dwelling unit shall have the following options with regard to addressing and principal entrance orientation:
A. Address/entrance oriented toward nearest street. This option is viable in situations where the owner of the subject alley lot/parcel also owns another lot/parcel abutting both the subject property and public right-of-way associated with a nearby street.
1. A hard surface walkway at least four (4) feet in width shall be constructed for the purpose of linking the principal entrance of the new alley dwelling unit to public sidewalk along the street.
2. An additional hard surface walkway shall be provided to link the principal entrance to any off-street parking area serving the lot/parcel.
3. An access easement agreement must be recorded in order to guarantee the right of pedestrian access across the street-abutting lot/parcel, should ownership ever change hands.
4. The principal entrance to the new alley dwelling unit shall be visible/discernable from the street to the maximum extent practicable.
B. Address/entrance oriented toward alley. This option may be selected in situations where the owner of the subject alley lot/parcel does not also own another lot/parcel abutting a nearby street, or where the option set forth in subsection A. is not desirable for the owner due to reasons such as lack of available side yard depth, existing topographic challenges or other obstructions, or the desire not to encumber a street-abutting parcel with an access easement.
1. The applicant shall make improvements to the alley right-of-way such that pedestrian accessibility is created between any nearby public street (sidewalk) and the new alley dwelling unit. This may include construction of an elevated/curbed walkway alongside the paved vehicular travel lane, or the improvement of the alley passageway to overtly indicate that the space is shared between vehicular, cyclist and pedestrian modes in a low-speed environment. The applicant shall adhere to specifications as required by the City Engineer.
2. A hard surface walkway at least four (4) feet in width shall be constructed to link the new public alley pedestrian improvements to the principal entrance of the new dwelling unit.
3. As necessary, additional hard surface walkway shall be provided to link the principal entrance to any off-street parking area serving the lot/parcel.
4. The City shall assess a fee to the applicant for the installation of wayfinding signage to help direct street users to the location of the new dwelling unit. Such signs may adhere to MUTCD standards and be either ground-mounted or attached to utility poles.
(7) Off-Street Parking.
A. No new single-family dwelling constructed on an alley lot/parcel shall be required to provide off-street parking spaces. However, no more than four (4) off-street parking spaces shall be permitted to be installed on any alley site, unless a greater number is permitted by the Planning Commission.
B. The restriction against no more than one (1) parking space within the front yard (as specified in Section 1149.06) shall not apply to alley development. More than one space is permissible in any front yard area as measured along any alley(s).
(8) Infrastructure Connections & Upgrades.
A. The applicant is required to demonstrate compliance with all infrastructure-related specifications enforced by the City Service Department, including those specified in the Curb, Gutter, Sidewalk and Driveway Apron Specifications Manual, the Storm Water Management Design Manual, and the Water and Sanitary Sewer Specifications Manual.
B. The City Engineer may require extra measures to ensure proper function and suitability of the alley environment for serving the subject dwelling unit(s), including but not limited to: (1) storm sewers; (2) catch basins; (3) sump drain line connections; (4) sanitary & water main extensions; (5) curbing; and (6) lighting.
C. The City Engineer shall have explicit authority to override and request changes to aspects of any plan approved through the Site Plan Review process, provided the aspects are pertinent to infrastructure within, or in interaction with, the public right-of-way. (Ord. 3823. Passed 6-3-25.)
1141.04 ENVIRONMENTAL REGULATIONS.
No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, otherwise objectionable conditions that could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions to acceptable limits as established by the following requirements.
(a) Air Pollution. Air pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency, the Regional Air Pollution Control Agency, and the United States Environmental Protection Agency.
(b) Erosion and Drainage.
(1) No erosion by either wind or water shall be permitted that will have a noticeable adverse impact on neighboring properties.
(2) The Oxford Engineering Division as part of the zoning permit review process shall review plans according to the City of Oxford Storm Water Management Design Manual.
(c) Fire and Explosion Hazard. Adequate safety devices shall be provided at any point where there are activities involving burning or storage of flammable or explosive materials. Adequate safety devices against the hazards of fire and explosion and adequate fire fighting and fire suppression equipment and devices, standard in the industry, shall be provided. Otherwise, burning of waste materials in open fire is prohibited.
(d) Hazardous Materials and Electrical Disturbance. No activities shall be permitted which utilize hazardous, fissionable or radioactive materials if their use results at any time in the release or emission of any such materials into the atmosphere, the ground, or sewerage systems, and no activities shall be permitted that emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbances.
(e) Noise. No activity on private property shall emit noise in excess of sound levels that creates a nuisance to surrounding properties or in violation of the noise ordinances.
(f) Light and Glare from Exterior Lights.
(1) The light source within a light fixture shall not be visible from a neighboring structure. Lights may be shielded or recessed and set on low poles to prevent light from shining onto neighboring properties and distracting drivers.
(2) No light used for illuminating a parking area shall shine onto property in a residential district.
(3) The intensity and direction of light shall not significantly disrupt the night habitat of any natural area larger than one-half acre, a stream and riparian corridor, or other similar natural areas.
(4) The foot-candle measurement at any property line shall not exceed 1.0 lumen.
(5) Lighting intensity shall be reduced after closing hours.
(g) Exemptions.
(1) The following noise levels shall be exempt from the noise provisions during the daytime only: Firearms on authorized ranges, Legal blasting, Temporary construction activity and equipment, Installation of utility equipment, lawn mowers, chainsaws, garden and farming equipment.
(2) The following noise sources shall be exempt from the noise provisions at all times: Aircraft, Railroads, Emergency vehicles and equipment, Warning devices operating continuously for not more than five minutes, Bells, chimes or carillons operating continuously for not more than five minutes, The repair of essential utility services. Officially sanctioned parades or other events.
(h) Prohibited Outdoor Storage of Inoperative Vehicles, Farm Equipment, Junk, Building Materials, And Trash.
(1) Outdoor storage, including, but not limited to junk, trash, salvage, building material, or parts thereof, including used tires, shall be prohibited anywhere within the City of Oxford except in an authorized junk yard or scrap processing facility.
(2) The parking of a currently licensed inoperative vehicle for a period of more than one week shall be prohibited, with the exception of those stored in an enclosed garage or other accessory building.
(3) Parking of inoperative farm equipment that has not been operative for more than one year shall be prohibited unless stored in an enclosed structure.
(4) After receipt of notice of any of the above violations, such violation shall be resolved within ten (10) days or declared a nuisance, with each subsequent period of thirty (30) days during which the violation exists, constituting a separate valuation of this Ordinance and subject to the Nuisance Prevention provisions for the City of Oxford.
(i) Exotic Animals.
(1) No person shall own, harbor, keep, breed, sell or import any exotic animals or reptiles. The term "exotic animal or reptiles" shall mean wild animals/reptiles not indigenous to Ohio. Example: lions, tigers, elephants, alligators, crocodiles.
(2) Exemptions and special provisions:
A. Exotic animals purchased or adopted or housed on the subject property prior to the adoption of this Amendment provided:
1. That a bill of sale or notarized statement verifying this date is provided.
2. That such exotic animal be confined in a house, building, or other enclosure in such a way that human contact, other than with the owner(s), cannot occur.
B. Wild animals held for exhibit or use by research institutions and other governmental agencies having legal authority to process wild animals, publicly supported zoos, circuses, or extensions thereof.
C. Any animal which is commonly sold by a bona fide commercial pet shop which does not constitute a hazard to the health or safety of persons or household pets.
(j) Trash/Recycling Collection Facility.
(1) Purpose. The purpose of this subsection is to ensure the provision of facilities, which are compatible with surrounding land uses; for the collection, separation, storage, loading and pickup of trash and recyclable materials.
(2) General Standard. Properties shall have adequately sized, conveniently located, accessible, trash and recycling facilities, to accommodate the specific needs of the proposed use(s) on the site.
(3) Applicability and Design Regulations. The following regulations shall be applied to all new commercial or multiple-dwelling structures and all existing commercial or multiple-dwelling structures where there is a redevelopment or change of use requiring a zoning permit. Compliance with these regulations shall be demonstrated on plans and exhibits and made part of an application for zoning permit from the Department of Community Development.
A. Areas for storage of trash and recyclable materials shall be adequate in capacity, number and distribution to serve the development, whether commercial, multi-dwelling or a combination thereof.
B. The amount of space provided for the collection and storage of recyclable materials shall be designed to accommodate collection and storage containers that are appropriate for the recyclable materials generated. Recyclable materials storage areas shall be clearly marked and shall be located abutt ing refuse collection and storage areas.
C. Where possible, each trash and recycling enclosure shall be designed to allow walk-in access without having to open main enclosure service gates. This is intended to reduce main service gates being left open and blocking parking or access.
D. Trash and recycling areas must be enclosed so that they are screened from public view. The enclosure shall be constructed of durable materials such as masonry and shall be compatible with the structure to which it is associated. Gates on the enclosures shall be constructed of metal or some other comparable durable materials, shall be painted to match the enclosure and shall be properly maintained.
E. Enclosure areas shall be designed to provide adequate, safe and efficient accessibility for service vehicles. The applicant shall consult the service provider prior to the facility placement and design.
F. Enclosure areas shall be constructed on a 4000 psi concrete pad at least four (4)-inches in thickness.
G. The storage/enclosure area shall not be in the front yard or the right of way.
H. The facility shall be reviewed and approved according to the City of Oxford Trash and Recycling Facilities Design Guidelines.
I. This section does not relieve property owners of any requirements in Chapter 931, Solid Waste Collection and Disposal; Recycling.
(k) Wind Turbines. Wind energy conversion systems shall be allowed in all zoning districts as an accessory structure subject to the following conditions:
(1) General.
A. Permit is required.
B. No system shall be directly or indirectly lit, unless required by the FAA.
C. No system shall be used for advertising of any kind.
D. No system shall produce a detectable noise at the property lines.
E. Turbines are prohibited in the front yard.
F. Systems are subject to the Property Maintenance Code and shall be removed within six (6) months of being nonfunctional.
G. The height of a wind system shall be measured from grade, base of tower or the lowest adjacent grade of the structure in which the system is attached, to the tip of the rotor blade in a 90 degree position.
 |
(2) Requirements:
A. For parcels less than one (1) acre, no ground mounted systems are permitted. All systems shall be mounted to the principle or accessory structure and shall not project more than five (5') feet above the roof of the structure and also shall not exceed the height requirement for accessory uses or of the zoning district in which it is located, dependent upon which structure it is attached.
B. For parcels one (1) acre or greater, a ground mounted system is permitted and shall not exceed the height requirement of the zoning district in which it is located.
1. Ground mounted systems shall be setback from the rear and side property lines equal to the height of the turbine or satisfy the zoning district setback requirements, whichever is greater.
2. Any system mounted to the principle or accessory structure shall not project more than five (5') feet above the roof of the structure and also shall not exceed the height requirement for accessory uses or of the zoning district in which it is located, dependent upon which structure it is attached.
(i) Solar Panels. Solar panels shall be allowed in all zoning district either attached to a permitted principal use or accessory building or as an accessory structure subject to the following regulations:
(1) Freestanding solar panels are prohibited in the front yard.
(2) Panels that are freestanding or attached shall satisfy the rear and side yard setback requirements of the zoning district in which they are located.
(3) Solar Panels are permitted on the roof of the principal structure or accessory structure, provided that the addition of the panels does not cause the structure to exceed the height requirement for the zoning district in which it is located.
(4) Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways.
(5) Panel systems are subject to the Property Maintenance Code and shall be removed within six (6) months of being nonfunctional.
(6) No panel shall be used for advertising of any kind.
(7) Permit is required.
(Ord. 3823. Passed 6-3-25.)