Pemberville City Zoning Code

SPECIAL PROVISIONS

FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USES

§ 153.135 DISH ANTENNAS.

(A) No person, firm, partnership, corporation, trust, or other legal entity shall construct a dish antenna without a permit, nor shall construction commence before a permit is issued.

(B) The owner, or occupant with written permission from the owner, of any lot, premises, or parcel of land within the village, who desires to construct a dish antenna on said lot, premises, or land parcel, must first obtain a permit to do so from the responsible authority or the agent thereof.

(C) The responsible authority shall issue such permit, provided the applicant submits a written application upon forms provided and approved by the Planning Commission, along with a plot plan of the lot, premises, or land parcel attached, showing the exact location and dimensions of the proposed dish antenna, a description of the kind of dish antenna proposed, and the exact location and dimensions of all buildings or structures. Each application shall specify, among other things, the name and address of the owner of the real estate, the applicant, and the person to be permitted to construct the proposed dish.

(D) The applicant shall submit with each application a sum in accordance with scheduled fees established by Council which represents the permit fee. The permit fee shall cover the costs of reviewing the construction plans, inspecting the final construction, and processing the application.

(E) The following shall apply to the location of ground-mounted dish antennas.

(1) No dish shall be constructed in any front or side yard, but shall be constructed to the rear of the residence or main structure.

(2) The dish, including its concrete base slab or other substructure, shall not be constructed less than ten feet from any main building; shall have rear and side property line setbacks equal to or greater than the height of the proposed structure, but in no case shall the rear and side yard setbacks be less than eight feet from any property line or easement; and, in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot. In any “C” or “M” District, dish antennas shall not be located closer than 15 feet to any public street.

(3) No dish shall be linked, physically or electronically, to a receiver which is not located on the same lot, premises, or parcel of land as is the dish.

(4) A dish shall not exceed a grade height of 15 feet.

(5) Wiring between a dish and a receiver shall be placed at least four inches beneath the surface of the ground within rigid conduit.

(6) Such dish shall be designed to withstand a wind force of 75 mph without the use of supporting guy wires.

(7) Any driving motor shall be limited to 110v maximum power design and be encased in protective guards.

(8) A dish must be bonded to a grounding rod.

(F) The following shall apply to the location of roof-mounted dish antennas.

(1) Dishes shall be mounted directly upon the roof of a primary or accessory structure as defined in the Building Code and shall not be mounted upon appurtenances such as chimneys, trees, poles, or spires.

(2) A dish shall not exceed a height of more than four feet above the roof upon which it is mounted.

(3) A dish shall not exceed three feet in diameter.

(4) A dish shall be designed to withstand a wind force of 85 mph without the use of supporting guy wires.

(5) Any driving motor shall be limited to 110v maximum power design and be encased in protective guards.

(6) A dish must be bonded to a grounding rod.

(G) If used for advertising purposes, a dish antenna shall be deemed to be a sign and shall also be governed by the sign regulations applicable to the property.

(Ord. 1141, passed 9-1-1998) Penalty, see § 153.999

§ 153.136 PONDS.

(A) General.

(1) Ponds shall be permitted as a conditional use in the “A”, “R-A”, and all “M” Districts on parcels of three acres or greater.

(2) All ponds shall require a permit and meet requirements of § 153.168, which includes written application for a zoning certificate (§ 153.168(B)) accompanied by a site plan (§ 153.168(C)). All parcels of five acres or less shall meet the additional requirements of site plan review under §§ 153.137 and 153.168(D) which includes site plan review by the Planning Commission.

(3) Ponds shall conform to the U.S. Soil Conservation Service specifications and recommendations.

(4) If a pond is deemed to pose a safety hazard because of increased density of development in the vicinity of the parcel, the village may require fencing be installed as specified under § 153.101(D) and (E), subject to the review of the Zoning Board of Appeals.

(5) Ponds which abut more than one lot and/or serve as an accessory use for more than one lot, and all of the respective lots associated with the pond, shall be platted in accordance with applicable subdivision regulations.

(6) Lots containing ponds used for drainage retention shall be platted in accordance with applicable subdivision regulations.

(B) Area and design requirements.

(1) Minimum pond surface area shall be one-half acre. Maximum surface area shall not exceed 25% of the net acreage of the parcel.

(2) The side slope of a pond shall be horizontal to vertical at a ratio of three-to-one except where a beach is desired. The ratio shall be maintained to a minimum depth of 17 feet.

(3) Beach areas may be sloped no less than at a horizontal to vertical ratio of ten-to-one and shall not exceed 25% of the pond surface area.

(4) Ponds shall be graded not to exceed four feet in height so as not to obstruct an adjoining property owner’s view. Excess dirt may be redistributed on the parcel, but may not be removed from the site unless determined in the site plan approval that it is deemed necessary for landscaping or to provide adequate drainage of the site.

(5) To prevent effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to a suitable outlet or drainage ditch.

(1) A pond shall have a 100-foot minimum setback from any roadway right-of-way centerline.

(2) Ponds on parcels of five acres or less shall have a side yard setback of not less than 10% of the width of the parcel, with a minimum setback of 25 feet.

(3) A pond shall be located no closer than 100 feet to a septic tank or leach field.

(D) Refilling. The refilling of an area which has been excavated for the development of a pond shall be considered waste disposal and shall meet the requirements as set forth by the County Board of Health for solid waste disposal under R.C. § 3734.05.

(Ord. 1141, passed 9-1-1998)

§ 153.137 SITE DESIGN AND DEVELOPMENT - MULTIPLE-FAMILY DWELLINGS AND NONRESIDENTIAL USES.

Site plan review and landscaping shall be required for new uses, or existing uses, when a building or structure is erected, changed, or enlarged by 50% or more or is 5,000 square feet or greater in floor area.

(A) Site plan review - basic requirements.

(1) A formal letter of submittal shall accompany the site plan. The letter shall provide the name, address, and phone number of any parties who should be informed of the progress of the request. Parties to be notified should include the land owner, developer, attorney, architect, engineer, landscape architect, or other appropriate consultant.

(2) All site plans shall have a title indicating the type of request being made (e.g., a request for a zone change, special use permit, and the like).

(3) The site plan shall be accompanied by a complete legal description of the subject property and a general location sketch showing nearby section lines and/or residential and major roadways.

(4) The site plan shall indicate the scale of the drawing and shall use an engineer’s scale.

(5) The site plan shall have the north arrow pointing either toward the top of the drawing or to the right side of the drawing.

(6) Ten blueline or blackline prints of the site plan on paper no larger than 24 inches by 36 inches must be submitted. Detailed drawings other than the site plan need not be submitted at this time for the site plan review process.

(B) Site plan requirements.

(1) The site plan shall show the zoning classification(s) and existing uses of the subject property and all abutting property. It shall also show the approximate location of buildings and driveway locations opposite to and adjacent to the subject property.

(2) The site plan shall indicate the dimensions of the property and shall show the dimensions of existing and proposed buildings to be constructed. The site plan shall indicate any building removals or other alterations to occur on the property.

(3) The site plan shall indicate the distance of existing and proposed structure(s) to the right-of-way line and the distances of the structure(s) to the side and rear property lines.

(4) The site plan shall indicate by name all adjacent roadways. The site plan shall show both right-of-way and pavement widths measured from the centerline of the roadway.

(5) The site plan shall indicate the locations, size (height), and material of all existing and proposed fencing and/or walls on the subject property.

(6) The site plan shall show the location, height, and dimensions of existing or proposed signs on the property.

(7) The site plan shall indicate the width(s) and location(s) of existing or proposed sidewalks if any and drive approach aprons. The drive approach width(s) shall be dimensioned where the apron meets the roadway pavement and shall be dimensioned at the throat.

(8) Site plans shall show any ditches, creeks, or other natural features that may affect the development of the property. Where appropriate, the two-foot contours and the 100-year high water elevation shall be shown on the site plan.

(9) The site plan shall show the existing and proposed method of storm water drainage and/or areas to be used for storm water detention.

(10) The site plan shall show existing and proposed sanitary and storm sewers, water mains, and the location(s) of fire hydrants if present.

(11) The site plan shall indicate the location of existing or proposed off-street parking spaces and drive aisles with complete dimensions. The drawing shall include the number and size of the proposed parking stalls including handicap spaces. The type of pavement composition of the parking area, i.e., treated gravel, asphalt, or concrete shall be indicated. If the off-street parking area is located next to an existing parking area or on another parcel, the method of circulation, if any between the two areas, shall be shown.

(12) A site plan with a proposed drive-thru window operation shall indicate where the vehicles will be lined-up and how many vehicles can be stored at one time while waiting to use the order board and/or drive-up window.

(1) Landscaping shall be required along all road frontage.

(2) Depth of the landscaping strip shall be a minimum of 15 feet or 50% of the required minimum yard depth, whichever is greater, as applicable under § 153.065.

(3) Landscaping shall be a minimum of four feet in height and a sufficient height to shield the view of parking areas from adjacent roadways.

(4) Where uses are within, abut, or opposite an “A” or “R” District, landscaping shall be required for those yards which are adjacent to the “A” or “R” District. Landscaping shall be a minimum of six feet in height to effectively shield the view from these respective adjacent parcels.

(5) Landscaping shall consist of natural materials such as plantings, mounding, stone, walls or fences of wood, decorative stone, or masonry.

(6) Landscaping shall not obstruct visibility and shall be maintained at a height not to exceed 36 inches within five feet of any street or road right-of-way. Traffic visibility across corner lots shall be governed by § 153.071.

(D) Application procedure.

(1) Site plans shall be filed with the responsible authority.

(2) The Zoning Inspector shall transmit the site plan to the Planning Commission for review and recommendation, and shall request professional review, if deemed necessary.

(3) No permit shall be issued for any use or change in use prior to the review and approval of the site plan by the Planning Commission. Conditions and modifications may be attached to these plans.

(4) Any change in the site plan, after its approval, must be submitted to the Planning Commission for review and shall require the approval of the responsible authority.

(Ord. 1141, passed 9-1-1998)

§ 153.138 SPECIFICATIONS FOR FENCES AND WALLS.

The following fence and wall specifications shall apply to all land uses in all zoning districts.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FENCE. Any structure composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers, and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Structures erected other than on lot lines or within five feet of lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises, separating premises from adjoining premises, hedges, retaining walls, or radio-controlled fences, shall not be included within the definition of the word FENCE.

FENCE, OPEN. A fence constructed for its functional, ornamental, or decorative effect and, when viewed at right angles, having not less than 50% of its vertical surface area open to light and air. Open ornamental fences include the following.

(a) FENCE, ACCENT. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area.

(b) FENCE, CHAIN LINK. A commercial or industrial fence, usually made of metal loops of wire interconnected in a series of joined links and including vinyl plastic-coated or painted varieties.

(c) FENCE, ELECTRIFIED. All fences or structures, with a device or object that emits or produces an electric charge, impulse, or shock when the same comes into contact with any other object or any person, animal, or thing, or which causes or may cause burns to any person or animal. So called wireless or radio controlled fences that utilize radio signals and control collars are excluded from this definition.

(d) FENCE, RADIO CONTROLLED. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. RADIO CONTROLLED FENCES are exempt from these regulations.

(e) WALL, RETAINING. A wall composed of wood, stone, brick, or other masonry material designed to hold back a portion of higher ground from a lower one. A RETAINING WALL permits two elevation levels to be placed adjacent to each other with an abrupt vertical change between them.

(f) FENCE, SECURITY OR INDUSTRIAL. A fence made with metal wire having sharp points, barbs, edges, or other attached devices designed to discourage physical contact along its length.

(g) FENCE, SMOOTH RAIL, SPLIT RAIL, MILLED RAIL, OR CONTEMPORARY RAIL. A fence constructed of narrow, whole or split, wooden timbers or boards placed horizontally between upright supporting posts. SMOOTH RAIL, SPLIT RAIL, MILLED RAIL, OR CONTEMPORARY RAIL FENCES may have supplemental wire fencing or mesh attached to the interior of the fence. For the purpose of improved containment, the opening size shall be not less than three inches by three inches and designed in a horizontal grid.

(h) FENCE, WROUGHT IRON. A fence constructed of metal, including aluminum, iron or steel, pipe, tubes, or bar stock and having some type of decorative features or design. WROUGHT IRON FENCES shall not have pointed ends exposed but may have finials with blunt ends.

FENCE, PARTIALLY OPEN. A fence designed to offer a vertical, but not totally blocked, visual separation. This fence is used where a low level of screening is adequate to soften the impact of the use or where partial visibility between areas is more important than a total visual screen. Permitted PARTIALLY OPEN FENCES include the following.

(a) FENCE, ARBOR, OR TRELLIS. A fence of latticework used as a screen or as a support for climbing plants.

(b) FENCE, PICKET. A partially open fence made of upright wooden or vinyl poles or slats. This fence may be an open fence if the space between the vertical boards is greater than the width of the boards.

FENCE, SOLID. A fence or wall designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than 50% of its vertical surface area closed to light and air. Permitted SOLID FENCES include the following.

(a) FENCE, BOARD ON BOARD OR ALTERNATING BOARD ON BOARD. A fence constructed of vertical wood boards or other natural and permanent material with one-inch nominal size boards between, or upon, a frame of two-inch nominal members and four by four nominal posts.

(b) FENCE, HEDGE. A row of dense closely spaced living plant material composed of vines, trees, shrubs, bushes, or combination thereof.

(c) FENCE, LOUVER OR VENTILATING. A fence made of a series of wood slats or other natural and permanent placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.

(d) FENCE, SOLID PICKET. A fence made up of upright one-inch by two-inch nominal wooden boards or other natural and permanent material that abut one another, side by side with no openings. The top of the fence may be pointed or blunt.

(e) FENCE, STOCKADE OR PALISADE. A fence constructed with a row of large pointed stakes of wood or other natural and permanent material placed upright against each other having more than 50% of the area of its vertical plane closed to light or air.

(f) WALL. A solid fence constructed of stone, brick, or masonry.

(B) General requirements for fencing and walls.

(1) Fences and walls shall be permitted in any required yard, or along the edge of any yard.

(2) Height regulations include the following. Except as otherwise specifically permitted herein, no fence or wall shall exceed:

(a) Front yard. Three feet in height above the established grade forward of the principal structure or in a required front yard;

(b) Side yard. Seven feet in height above the established grade in the required side yard adjacent to the principal structure; and

(c) Rear yard. Seven feet in height in the required rear yard projected forward to a line parallel to the rear side of the principal structure.

(3) Supporting members for fences and walls shall be located so as not to be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall.

(4) No fence or wall shall be constructed in any floodway, floodplain, or drainage easement for any parcel or subdivision.

(5) All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.

(6) The fence, wall, or hedge shall not be permitted to encroach upon public rights-of-way or easements or no build zones, conservation/no disturb zones.

(7) The fence, wall, or hedge shall not be located so as to adversely affect the vision of drivers on the public streets or from driveways intersecting public streets.

(8) The height of a fence shall be measured from the established grade line to the highest point of the fence including posts and finials. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.

(9) In the event a property owner chooses placement of a fence on a property line, the applicant shall certify to the responsible authority that the property has been surveyed and that all corners or change in survey course are established and readily discernible. In lieu of a survey, the applicant can use a signed, notarized fence agreement, indicating acknowledgment of said property line for fence placement between adjoining property owners.

(1) Open and partially open fences.

(a) Accent fences and picket fences. Accent fences and picket fences shall be permitted in all zoning districts if limited to four feet in height from grade and if designed only to partially enclose an area and serve only an ornamental purpose. These fences may be used to enclose the entire perimeter of the rear yard if the total lot area is greater than 30,000 square feet.

(b) Arbors; trellises. Arbors or trellises shall be permitted in all zoning districts. Arbors or trellises, which are detached from the building, may encroach on a required side yard which abuts a street and forward of the structure provided that:

1. The maximum height is eight feet;

2. The maximum width is five feet;

3. The maximum depth is three feet; and

4. The surface of the arbor or trellis shall be at least 50% open.

(c) Chain link and security or industrial fences. A chain link fence shall be permitted in all districts with the exception of A & R zoning areas where chain link fences are prohibited in front yards. Security and industrial fences shall only be permitted in Agricultural or Industrial Zoning Districts. Such fences may not be placed forward of the primary structure and are restricted to side and rear yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding seven feet above the established grade

(2) Solid fences. Solid fences shall be permitted in all zoning districts only in rear yards or to enclose a deck or patio. Solid fences shall not be used to enclose the entire perimeter of the property. Solid fences shall not be located within a required side yard and shall be of an approved type.

(a) Brick, stone, or masonry walls. Brick, stone, or masonry walls are permitted forward of the building line but cannot exceed three feet in height.

(b) Hedges. Hedges shall be permitted in all zoning districts. Hedges shall not be located within a drainage easement, floodway, or floodplain.

(D) Prohibited fencing. Electrified, barbed wire, and razor wire fences are hereby prohibited in all zoning districts except C & M. This prohibition shall not be construed to prohibit electrified and/or barbed wire fences when used in conjunction with a purely agricultural use as defined by the Ohio Revised Code.

(E) Corner lots. In any district on any corner lot, no fence, structure, or planting shall be erected or maintained within 30 feet of the “corner” at a height greater than two and one-half feet above curb or street grade, or so as to interfere with traffic visibility across the corner. The CORNER shall be the point of intersection of the two right-of-way lines.

(Ord. 1141, passed 9-1-1998; Ord. 1273, passed 12-16-2003)