Perrysville City Zoning Code
TITLE ONE
Zoning Districts and Regulations
1101.01 DEFINITIONS.
For the purpose of this Zoning Ordinance, certain terms and words are described as follows:
(1) The words “used for” include “designed for” and vice versa; words used in the present tense include the future; words in the singular number include the plural number and vice versa; the word “building” includes the word “structure”; the word “dwelling” includes the word “residence”; the word “lot” includes the word “plot”; the word “shall” is mandatory and not directory.
(2) Abatement: The elimination and removal of any structure, to include but not limited to the following, porches, decks, fences, signs and accessory structures, that are nonconforming to the Codified Ordinances of Perrysville, Part Eleven - Planning and Zoning Code.
(3) Above Grade: Above the height of the earth or ground line.
(Ord. 811. Passed 10-6-97.)
(4) Accessory Structure: A building or structure that is detached from and which is incidental and subordinate to the principal use of and located on the same lot as the primary.
Accessory structures shall be used for the storage of materials and equipment for the primary use of the land that the accessory structure is located on. All accessory structures and accessory storage structures shall include attached or detached carports, barns, carports, playhouses, storage sheds, private greenhouses, gazebos, pool pumphouses, tool sheds and other types of detached structures or detached building constructed of conventional building materials.
The definition of accessory structure shall not include, but shall not be limited to the following, trucks, vans, truck boxes, converted mobile homes, trailers, recreational vehicles, bus bodies. (Ord. 9-2022. Passed 7-11-22.)
(5) Accessory Use: A use on the same lot with and clearly incidental to the principal use of the property involved. (Ord. 811. Passed 10-6-97.)
(6) Accumulate means: To gather or collect material property in any manner to become a visual blight to adjacent properties, the public and the Village as a whole.
(Ord. 975. Passed 4-1-19.)
(7) Advertise, Advertising or Advertisement: Any message, communication or expression identifying a business or development, announcing the availability of a product, merchandise or service, making claims as to the value or quality of any product, merchandise or service or otherwise attracting attention to or promoting (either directly or indirectly) any product, merchandise or service.
(8) A-Frame Sign: A temporary sign with two (2) faces that are hinged together to create an 'A' or triangle shaped device. A-frames are usually portable and are also referred to as sandwich boards.
(9) Agriculture: The science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products.
(10) Agricultural Property: Real estate property that is used for the production of one or more agricultural commodities or products, however, the operation of any accessory uses shall be secondary to that of normal agriculture activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
(11) Alteration, Structural: Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components or changes in roof or exterior lines.
(12) Amortization: The gradual extinction and elimination of nonconforming or noncompliant structures, to include but not limited to the following: porches, decks, fences, signs and accessory structures.
(13) Awning: A nonstructural covering attached to a building or supported by freestanding posts for the purposes of giving shade to pedestrians or windows and door openings. Awnings are generally made of canvas or other cloth material.
(14) Awning, Canopy or Marquee Sign: A sign that is printed on, painted on, or attached to an awning, canopy or marquee.
(15) Banner or Flag Sign: A sign composed of light weight material either enclosed or not enclosed in a rigid frame. Any cloth, bunting, plastic, paper or similar material attached to or pinned on or extending out from any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs.
(16) Below Frost Depth: Thirty-six inches (36") below finished grade. Below Grade: below the ground line. Billboard: large advertising structures or signs used for outdoor advertising purposes, not including on-site advertising structures or signs as defined in this Chapter. (Ord. 1000-20. Passed 11-2-20.)
(17) Board: Shall mean the Village of Perrysville Board of Zoning Appeals.
(18) Building: A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels. When separate by division walls from the ground up without openings, each portion of such buildings shall be deemed a separate building. (Ord. 811. Passed 10-6-97.)
(19) Building Face or Building Frontage: The width of the bearing walls of the building which faces the principal street or contains the main entrance. If a building is divided into units, the building unit frontage shall be the width of the unit, as measured from the party wall centerlines, on the frontage of the building. In computing allowable area of a wall sign for a structure, the building face or frontage shall not include any facade, roof overhang, nonbearing decorative walls appurtenant, accessory or secondary structures, and structures that are not enclosed such as carports or breezeways. (Ord. 1000-20. Passed 11-2-20.)
(20) Building Height: The vertical distance measured from the average elevation of the finished grade along the front of the building to the height point of the roof surface if a flat, roof, to the deck line of mansard roof, and to the main height level between eaves and ridges for the gambrel roof.
(21) Building, Main: A building in which is conducted the principal use of the lot on which it is located.
(22) Business, Local: An enterprise engaged in retail trade of a clearly limited nature for the convenience of the surrounding residents. These uses may include, but not limited to, repair shops, cleaning establishments, drug stores, beauty or barber shops, hobby shops, and businesses for the sale of food and beverages for consumption either on or off the immediate premises.
(Ord. 811. Passed 10-6-97.)
(23) Canopy: A roof-like structure extending from part or all of a building face and constructed as a permanent part of the building, either attached or freestanding, that is capable of allowing vehicles or pedestrians to freely pass under.
(Ord. 1000-20. Passed 11-2-20.)
(23.5) Cargo/shipping Container: A standardized, reusable vessel that is a fully enclosed box-like structure constructed with doors, originally designed or used in the packing, shipment, movement or freight, commodities or other goods, commonly designed for or is capable of being mounted on a railroad car, a chassis or bogie for movement by rail, truck and/or ship.
(Ord. 9-2022. Passed 7-11-22.)
(24) Changeable Copy Sign: A sign designed to allow the changing of lettering, messages or other information through manual, mechanical or electrical means including time and temperature. Changeable copy signs may have multiple messages that are individually displayed at common intervals, such as a traditional movie theater marquee sign or billboard.
(Ord. 1000-20. Passed 11-2-20.)
(25) Collector: Each and all of the duly authorized agents and or employees in connection with the collection/disposal of the garbage/rubbish removal service provider in contract with the Village of Perrysville.
(Ord. 993. Passed 4-20-20.)
(26) Collector's vehicle means: Any motor vehicle or agricultural tractor or traction engine that is of special interest, that has a fair market value of one hundred dollars or more whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation, in accordance with section 4501.01 of the Ohio Revised Code.
(Ord. 975. Passed 4-1-19.)
(27) Commercial Property: For profit use of real estate property that conduct business or industrial activities and which are zoned C (Commercial) or I (Manufacturing).
(Ord. 1000-20. Passed 11-2-20.)
(28) Conditional Use: A use which is subject to approval by the Board of Zoning Appeals. A conditional use may be granted by the Board when there is a specified provision for such exception made in this Ordinance.
(Ord. 811. Passed 10-6-97.)
(29) Digital Display Sign: An outdoor advertising display using Light Emitting Diodes (L.E.D.) or similar technology to display static images controlled by electronic communications.
(30) Directional Sign: Signs limited to directional messages, principally for pedestrian or vehicular traffic, to include but not limited to the following: one-way, entrance, or exit signs. (Ord. 1000-20. Passed 11-2-20.)
(31) Disabled Vehicle means: Any vehicle which is incapable of being operated or propelled by the vehicles own power. (Ord. 975. Passed 4-1-19.)
(32) Display: A visual presentation for advertisement or to draw attention and/or attraction by way of, to include but not limited to the following: signs, electronic devices, illumination, captive balloons and inflatable signs. Double Faced Sign: a single structure designed with the intent of providing copy on both sides, Driveway: a private or public road dedicated to giving access for vehicular travel from a public way by the owner and those having express or implied permission from the owner to a building, house or property on abutting lot. Eave Line: the top of a parapet wall or the lowest point of a pitched roof, including mansard style roofs. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet. (Ord. 1000-20. Passed 11-2-20.)
(33) Dwelling: A building or portion thereof, designed exclusively for permanent residential occupancy, including one family dwellings, two family dwellings, and vehicles or residences designed to be moved or towed on wheels, skids or rollers, but not including hotels, motels, boarding houses or rooming houses.
A. Mobile Home: A detached residential unit designed for transportation after fabrication on public or private thoroughfares on its own wheels or on a flatbed or other trailer and arriving at the site ready for occupancy except for minor and incidental unpacking and assembly operations. A factory built structure having at least 750 square feet, excluding porches andgarages, of living area and from which all wheels, tongues and axles have been removed and which is set on a permanent foundation with footers below the frost line and which meets the Ashland County Auditor’s requirements to be taxed as real property. When these conditions have been met, a mobile home may be considered a single-family dwelling.
(Ord. 857. Passed 12-28-04.)
B. Multi-Family Dwelling: A building designed for and occupied by up to four families living independently of each other and having separate or combined entrances; “Excluding and excepting, however, any factory built structure designed to be moved or towed on wheels, skids or rollers, unless allowed under paragraph A. hereof.” Each dwelling unit must contain a minimum of 750 square feet, respectively.
C. Single Family Dwelling: A building designed for and occupied exclusively by one family; “Excluding and excepting, however, any factory built structure designed to be moved or towed on wheels, skids, or rollers, unless allowed under paragraph A. hereof.”
D. Two Family Dwelling: A dwelling consisting of two dwelling units which may either be attached side by side or one above the other, and each unit having a separate or combined entrance or entrances. “Excluding and excepting, however, any factory built structure designed to be moved or towed on wheels, skids or rollers, unless allowed under paragraph A. hereof.” Each dwelling unit must contain a minimum of 750 square feet, respectively.
(34) Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
(35) Essential Services: The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of gas, electrical, water or communication, supply distribution, service or disposal facilities, including poles, wires, mains, drains, pipes, signals or hydrants including necessary structures or buildings reasonably required to assure the provision of adequate supplies of public utilities or by the utility branch of government.
(Ord. 811. Passed 10-6-97.)
(36) Fence:
A. Conventional Residential Fences: A fence that is normal, standard, regular, ordinary, usual, traditional, typical or common in accordance with what is generally erected or constructed on residential properties in the residential district.
B. Fence: Any structure composed of wood, iron, steel, vinyl, plastic or other materials erected in such a manner that is to enclose or partially enclose all or any part of premise. Vegetation or hedges planted in any manner that is to enclose or partially enclose all or any part of premise shall be included in the definition of a fence.
C. Spite Fence: A fence, vegetation or other structure in the nature of a fence which is structurally unsound, unsightly, painted a nonharmonious exterior color, in need of repair, causes a blight, exceeds six feet (6) in height and is maliciously erected, altered, neglected or is annoying to the public or occupants of adjoining properties and which receives formal complaints, shall be deemed a public or private nuisance.
(Ord. 990-2020. Passed 3-2-20.)
(37) Frost Depth: The depth to which the groundwater in soil is expected to freeze.
(Ord. 1000-20. Passed 11-2-20.)
(38) Garbage: All putrescible waste except sewage and body waste, including vegetable and animal offal and carcasses of small dead animals, but excluding recognizable industrial by-products, and shall include all such substances from all public and private establishments and from all residences. “Garbage” shall further mean all ashes and/or other materials produced as a result of the reduction of putrescible waste by incineration or other means. (Ord. 993. Passed 4-20-20.)
(39) Ground Grade: The level or finished height of the earth or ground.
(40) Height of Sign: The greatest vertical distance from the existing planned grade of the top of the curb or street frontage to the highest element of a sign. For sloped elevations, the height shall be measured from the midpoint of the sign and shall be applicable to the whole sign.
(Ord. 1000-20. Passed 11-2-20.)
(41) Historical motor vehicle means: Any motor vehicle that is over twenty-five years old and is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but that in no event is used for general transportation, in accordance with section 4501.01 of the Ohio Revised Code. (Ord. 975. Passed 4-1-19.)
(42) Home Occupation: An occupation carried on by the occupant of a dwelling as an accessory use in connection with which there are no more than two (2) nonresidents employed and provided that:
A. Such occupation is conducted wholly within the dwelling or an accessory building;
B. Floor area devoted to such use does not exceed twenty-five (25%) percent of the total floor area of all structures on the property;
C. Such use is not objectionable due to noise, hours of operation, traffic generation, or hazardous or noxious processes used;
D. No traffic shall be generated by such home occupation in greater volume than normally would be expected in a residential neighborhood, and any need for parking generated by the conduct of such activity shall not be located in a required front, side or rear yard or in a required open space. (Ord. 811. Passed 10-6-97.)
(43) Householder: The head of a family or one maintaining his/her separate living room or quarters on the premises and includes owners, tenants, residents and occupants of all premises, upon which garbage or rubbish, or both are accumulated. (Ord. 993. Passed 4-20-20.)
(44) Identification Sign: A sign that identifies the name, nature, logo, trademark, symbol or insignia, address, or any combination of the name, symbol and address of a building, business, project, development or establishment.
(45) Illuminated Sign: A sign with an artificial source of light for the purpose of illuminating the sign. Lot Frontage: the land in front of the main structure extending the length of the horizontal distance of a site parallel and adjacent to a street, but not including the street right-of-way.
(Ord. 1000-20. Passed 11-2-20.)
(45.5) Industrialized Unit: A building unit or assembly of close construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as a part of a greater structure, requires the transportation to the site of intended use and meets the definition of industrialized unit under Ohio Revised Code Section 3781.10.
“Industrialized unit” includes units installed on the site of a permanent foundation, as independent units, as a part of a group of units, or incorporated with standard construction methods to form a completed structural entity. For the purpose of these provisions, the construction type referred to as a modular construction or modular home shall be considered an “Industrialized unit” and a “Manufactured home” as defined in Section 1101.01.
(Ord. 9-2022. Passed 7-11-22.)
(46) Inoperative Vehicle means: Any vehicle that cannot be operated in a reasonably safe manner upon the public streets and highways under its own power if selfpropelled or while being towed or pushed, if not self-propelled:
(Ord. 975. Passed 4-1-19.)
(47) Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use or disposition.
(48) Junk Buildings, Junk Shops, Junk Yards: Any land, property, structure, building, or combination of the same, on which junk is stored or processed.
(Ord. 811. Passed 10-6-97.)
(49) Junked motor vehicle means: A vehicle of any age that is damaged or defective including, but not limited to any one or combination of any of the following ways that either makes the vehicle immediately inoperable, or would prohibit the vehicle from being operable or would prohibit reasonably safe manner upon the public streets and highways under its own power if self-propelled or while being towed or pushed, if not self-propelled:
(i) Flat tires, missing tires, missing wheels, or missing or partially or totally disassembled tires and wheels;
(ii) Missing or partially or totally disassembled essential part or parts of the vehicles drive train, including, but not limited to, engine, transmission, transaxle, drive shaft, differential, or axle;
(iii) Extensive exterior body damage or missing or partially or totally disassembled essential body parts, including, but not limited to fenders, doors, engine hood, bumper or bumpers, windshield, or windows;
(iv) Missing or partially or totally disassembled essential interior parts, including, but not limited to, drivers seat, steering wheel, instrument panel, clutch, brake, gear shift levers;
(v) Missing or partially or totally disassembled parts essential to the starting or running of the vehicle under its own power, including, but not limited to, starter, generator or alternator, battery, distributor, gas tank, carburetor or fuel injection system, spark plugs, or radiator;
(vi) Interior is a container for metal, glass, paper, rags or other cloth, wood, auto parts, machinery, waste or discarded materials in such quantity, quality and arrangement that a driver cannot be properly seated in the vehicle;
(vii) Lying on the ground (upside down, on its side, or at other extreme angle), sitting on blocks or suspended in the air by any other method;
(viii) General environment in which the vehicle sits, including, but not limited to, vegetation that has grown up around, in, or through the vehicle, the collection of pools of water in the vehicle, and the accumulation of other garbage or debris around the vehicle.
(Ord. 975. Passed 4-1-19.)
(50) Junk Storage and Sales: Any area where waste or discarded or salvaged materials are bought, exchanged, bailed, packed, disassembled or handled, including auto wrecking yards, used lumber yards, and places for storage of salvaged house wrecking and structural steel materials and equipment but not including areas where such uses are conducted within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, operable machinery and the processing of used, discarded or salvaged material as part of manufacturing operations. Any concentration of two or more used motor vehicles not displaying current motor vehicle license shall be considered junk storage, and/or sales. Junk storage and/or sales are only permitted in the Industrial District, and then only as a conditional use with permission of the Board of Zoning Appeals.
(Ord. 811. Passed 10-6-97.)
(51) Licensed means: Having a valid/current license plate (and sticker) or watercraft sticker appropriately attached or affixed to the vehicle.
(52) Licensed collector's vehicle means: A collector's vehicle, other than an agricultural tractor or traction engine, that displays current, valid license tags issued under section 4503.45 of the Ohio Revised Code.
(53) Litter means: Unsightly and untidy conditions caused by the improper and illegal accumulation or disposal of solid and liquid material in other than an approved place of disposal or storage.
(Ord. 975. Passed 4-1-19.)
(54) Lot: A parcel of land of sufficient size to meet minimum zoning requirements and to provide such yards and other open spaces as are herein required. Such lots shall have frontage on an improved public street and may include:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots of record and portions of lots of records;
1. Corner Lot: A lot located at the intersection of two (2) or more streets; A lot on a current street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees;
2. Interior Lot: A lot other than a corner lot;
3. Reversed Corner Lot: A corner lot of which the side street line is substantially a continuation of the front line of the lot to its rear;
4. Through Lot: An interior lot having frontage on two (2) or more streets.
(55) Lot Area: The total horizontal area within the lot lines of a piece of property.
(56) Lot Depth: The horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.
(57) Lot Lines: The lines bounding a lot as described herein.
(58) Lot Width: The horizontal distance between the side lot lines measured at right angles to the lot depth at the building setback line.
(59) Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products which are usually conducted in controlled operations that are relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; that take place in enclosed structures and generate little industrial traffic and no nuisances.
(Ord. 811. Passed 10-6-97.)
(59.5) Mobile Home: A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in Division (C)(4) of Section 3781.06 of the Ohio Revised Code or as an industrialized unit as defined in Division (C)(3) of Section 3781.06 of the Ohio Revised Code. (Ord. 9-2022. Passed 7-11-22.)
(60) Mobile Home Park: Any site or tract of land under single ownership upon which four (4) or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.
(Ord. 811. Passed 10-6-97.)
(61) Motor vehicle means: Any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, as defined in section 4501.01 of the Ohio Revised Code. (Ord. 975. Passed 4-1-19.)
(62) Multi-Dwelling Units or Multi-Family Dwellings: Three (3) or more separate housing units, designed for and occupied by residential inhabitants living independently of each other and having separate or combined entrances, contained within one building or several buildings within one complex upon a single property. Units can be next to each other (side by side) or stacked on top of each other (top and bottom units). Each dwelling unit must contain a minimum of seven hundred fifty (750) square feet, respectively. (Ord. 993. Passed 4-20-20.)
(63) Multi-Tenanted Building: A building containing more than one individual business within a district zoned C (Commercial).
(64) Neon Sign: Any sign containing neon or other inert gaseous chemical that provides a visible discharge or that glows.
(Ord. 1000-20. Passed 11-2-20.)
(65) Nonconforming Building: A building or portion thereof lawfully existing at the time this Ordinance is adopted which was designed, erected or structurally altered for a use that does not conform to the permitted uses of the District in which it is located.
(66) Nonconforming Use: A use which lawfully occupied a building or land at the time of adoption of this Ordinance and which does not conform with the Regulations of the District in which it is located.
(Ord. 811. Passed 10-6-97.)
(67) Nuisance: The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience, affects the morals, safety or health of the community.
(68) Off-Site Sign: A sign or sign structure of any kind or character which advertises products, merchandise, activity or service not available on or at the premises upon which the sign is located. For purposes of this chapter, the onsite/offsite distinction applies only to commercial advertisements or messages; all signs with noncommercial messages shall be deemed to be onsite, regardless of location. On-Site Sign: any commercial sign which advertises products, merchandise, activity or service available on or at the premises upon which the sign is located. The onsite/offsite distinction applies only to commercial messages; all signs with noncommercial messages shall be deemed to be onsite, regardless of location.
(69) Patio: A roofless outdoor space for dinning or recreation that is paved with, to include but not limited to the following: concrete, stone or wood. A Zoning Certificate shall not be required if a patio is to be constructed on grade. If the patio is to be elevated in any form or has a frost protected footing thirty-six inches (36") deep minimum, a Zoning Certificate shall be required.
(Ord. 1000-20. Passed 11-2-20.)
(70) Performance Bond: An agreement between a subdivider and the Village of Perrysville for the estimated amount of the construction costs of improvements guaranteeing the completion of the improvements according to plans and specifications within the time period agreed to in the agreement.
(Ord. 811. Passed 10-6-97.)
(71) Person: Every natural individual/person, firm, partnership, LLC, unincorporated association or corporation. Words in the singular shall include the plural.
(Ord. 993. Passed 4-20-20.)
(72) Personal Services: Any enterprise conducted for gain which primarily offers services to the general public such as, but not limited to, electricians, plumbers, welding and repair, etc. These enterprises shall be limited to a maximum of five (5) employees. (Ord. 811. Passed 10-6-97.)
(73) Pole Sign: A form of freestanding sign that is supported or suspended by a single post or column.
(74) Portable Sign: A sign that is not permanently affixed to a structure or the ground.
(Ord. 1000-20. Passed 11-2-20.)
(75) Portable Swimming Pool: Able to be easily carried or moved when empty of or containing water.
(76) Premises: Land and/or buildings or parts of either. (Ord. 993. Passed 4-20-20.)
(77) Professional Services: The use of offices and related spaces for such services as, but not limited to, medical practitioners, veterinarians, lawyers, architects, dentists, engineers, etc. (Ord. 811. Passed 10-6-97.)
(78) Projecting Sign: A building-mounted, double-sided sign with the two (2) faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee.
(Ord. 1000-20. Passed 11-2-20.)
(79) Property means: Any real property within the Village of Perrysville which is not a street or highway.
(80) Public Property means: Any public street, highway, alley, sidewalk boulevard, bikeway, property open to the public for vehicular travel or parking, and any other property owned or operated by the Village, and any right-of-way thereof.
(Ord. 975. Passed 4-1-19.)
(81) Public Use: Public parks, schools and administrative, cultural and service buildings devoted solely to the storage and maintenance of equipment and material.
(Ord. 811. Passed 10-6-97.)
(82) Pylon Sign: A sign face that is elevated by one (1) or two (2) structural supports that is architecturally integrated with the design of the primary structure on the property excluding pole signs, directional signs and billboard signs.
(83) Real Estate Sign: A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.
(Ord. 1000-20. Passed 11-2-20.)
(84) Recreational Facilities:
A. Commercial Recreational Facilities: Recreational facilities established for profit, such as but not limited to, commercial golf courses, swimming pools, ice skating, riding stables, and race tracks.
B. Noncommercial Recreational Facilities: Private and semi-private recreational facilities which are not operated for commercial gain, including but not limited to, country clubs, riding clubs, private gold courses, game preserves or community swimming pools. Noncommercial recreational facilities may be leased to outside groups or organizations provided the fee for such purposes is limited to incidental maintenance and custodial expenses. (Ord. 811. Passed 10-6-97.)
(85) Residential Property: Real estate property for living or dwelling in single or multiple-family residences which are zoned R (Residential) or C (Commercial).
(Ord. 1000-20. Passed 11-2-20.)
(86) Rezoning: An amendment to, or a change in the Zoning Ordinance. Rezoning can take three (3) forms:
A. A comprehensive revision or modification of the Zoning text and map.
B. A text change in Zoning Requirements.
C. A change in the Zoning Map.
(87) Right of Way: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates any curbs, lawn strips, sidewalks, lighting and drainage facilities.
(88) Roadside Stands: Small structures (a maximum of 100 square feet) for the sale of agricultural and plant nursery products, a minimum of fifty (50%) percent of the produce shall be raised on the premises. (Ord. 811. Passed 10-6-97.)
(89) Roof Line: The upper edge of any building wall or parapet exclusive of any sign tower for any flat roof structure, or a line halfway between the eave line and the ridge line of the roof, exclusive of any sign tower, of any gable-roof structure.
(90) Roof Sign: A sign erected, constructed, or placed upon or over the eave or roof of any building or, in the case of a flat roof structure, one that extends over or above the roof line, or any sign affixed to the wall or a building so that it projects above the eave line of a roof; and which sign is wholly or partially supported by the building; but not including a sign on a mansard roof, portico or canopy if said mansard roof, portico or canopy is architecturally integrated with the building.
(Ord. 1000-20. Passed 11-2-20.)
(91) Rubbish: Waste generated by the normal activities of a household or business, including, but not limited to, food waste, yard waste, litter, bottles, broken glass, crockery, tin cans, printed matter, paper and clothing items.
It does not, however, include any materials in the nature of earth, sand, brick, stone, plaster, wood and metal, but not limited to other materials that may accumulate during a period of building construction and/or demolition.
(Ord. 993. Passed 4-20-20.)
(92) Semi-Public Use: Churches and other places of worship, Sunday Schools, Parochial Schools, Colleges, Hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
(Ord. 811. Passed 10-6-97.)
(93) Sidewalk: The paved walk between the curb lines or lateral lines of a roadway and the adjacent property lines for pedestrian use.
(94) Sign: Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images, when the same is placed to be in view of the general public. For purposes of this chapter, at all times that a sign is being held by an individual, it shall be exempt from this chapter.
(95) Sign Area: The entire copy face of the sign. The following methods will be used to compute the area of sign copy:
A. The area of a sign is to be computed by multiplying the total height by the total length of all sign faces, including framework on the sign face but excluding the base. Computation of the sign area shall enclose the extreme limits of writing, representation, _emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The sign area shall include a colored or textured background that is different than the fascia on which it is placed. It shall also include the perimeter trim on the sign face of a cabinet sign.
B. In the case of a sign designed with more than one (1) exterior surface, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The area of a freestanding sign which has three (3) or more faces shall be computed by adding the areas of each face of the sign.
C. The area of a freestanding sign that is an object or statuary shall be computed by the appropriate mathematical equation for determining the total surface of an object.
D. The supports, uprights, or structure on which any such sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are designed in such a manner as to form an integral background of the display.
(96) Sign Face: The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered as such together with the frame and the background. (Ord. 1000-20. Passed 11-2-20.)
(97) Storage Trailers: A small trailer (maximum of 2000 cubic feet) owned by an individual and parked on property owned by the individual and used for temporary storage purposes.
(98) Street or Alley: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic as follows:
A. Major Streets. Streets which in the opinion of the Planning Commission will involve sufficient traffic and/or parking to justify two feet or greater pavement width.
B. Minor Streets. Most streets in residential development where conditions are such as to discourage high speeds, non-local traffic, and heavy street parking.
C. Alleys. Minor public ways used primarily for service access.
(Ord. 811. Passed 10-6-97.)
(99) Structure: A combination of materials forming a construction that is safe and stable and includes, among other things, building, garages, carports, gazebos, stadiums, tents (excluding camping tents, temporary yard canopies, picnic party tents), viewing stands, platforms, staging, observation towers, radio and television towers, water tanks and towers, trestles, piers, sheds, storage bins, walls, fences and display signs. The word “structure” shall be construed as if followed by the words “or part thereof.”. (Ord. 9-2022. Passed 7-11-22.)
(100) Temporary Sign: A sign used solely for the purpose of advertising an event or sale occurring on a specific date.
(Ord. 1000-20. Passed 11-2-20.)
(101) Temporary Structure: A structure without any foundation or footings and which shall be removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
(Ord. 811. Passed 10-6-97.)
(102) Travel trailer or house vehicle means: A non-self-propelled recreational vehicle that does not exceed an overall length of forty feet, exclusive of bumper and tongue or coupling. "Travel trailer" includes a tent-type fold-out camping trailer, as defined in section 4501.01 of the Ohio Revised Code.
(Ord. 975. Passed 4-1-19.)
(103) Variance: A variance is the relaxation of requirements where such variance will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship.
(Ord. 811. Passed 10-6-97.)
(104) Vehicle means: Everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions, as defined in section 4501.01 of the Ohio Revised Code.
(Ord. 975. Passed 4-1-19.)
(105) Vehicle Sign: A sign which is attached to, painted on, placed upon or suspended from a vehicle or trailer, either operable or inoperable, which is subject to state licensing before it can legally operate on public roads and highways. This shall not include bumper stickers on a vehicle.
(Ord. 1000-20. Passed 11-2-20.)
(106) Village: The Village of Perrysville corporation boundaries.
(Ord. 993. Passed 4-20-20.)
(107) Wall Sign: A sign attached to, painted on or erected on the exterior wall of the building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall of the building and not extending above the eave line.
(108) Window Sign: A sign painted, attached or affixed to the interior surface of windows or doors of a building.
(Ord. 1000-20. Passed 11-2-20.)
(109) Yard: An open space or grade between a building and the adjoining lot line, unoccupied by any portion of a structure from the ground upwards, except as otherwise provided herein:
A. Front Yard: A yard extending across the full width of the lot between the nearest rear main building and the front lot line; the depth of the required front yard shall be measured horizontally from the nearest part of the main building towards the nearest point of the front line;
B. Rear Yard: A yard extending across the full width of the lot between the nearest rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line or to the center of an alley if one is present.
C. Side Yard: A yard between the main building and the side lot lines extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line towards the nearest point of the main building.
(Ord. 811. Passed 10-6-97.)
(110) Zoning Inspector: An Administrative Officer who shall enforce the provisions of the Zoning Codes of the Village of Perrysville. No change.
(Ord. 9-2022. Passed 7-11-22.)
1103.01 DISTRICTS ESTABLISHED.
For the purpose of this Zoning Ordinance, the Village of Perrysville is hereby divided into four (4) Districts as follows:
Symbol | Purpose |
General Agriculture District: A
|
To protect and maintain the rural character of the countryside. To provide areas for rural developments of various kinds where the General Agriculture District is appropriate.
|
Residential District: R
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To provide areas of medium density residential development near urban areas to meet the needs of individuals wishing to live adjacent to these communities.
|
Commercial District: C
|
To provide for the establishment of areas for local business uses which tend to meet the needs of the residents of the area and the needs of the motoring public.
|
Manufacturing District: I
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To provide areas for the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, smoke or glare, generate little industrial traffic, and operate entirely within enclosed structures. Research activities are encouraged.
|
(Ord. 717. Passed 7-10-89.)
1103.02 ZONING MAP.
The location and boundaries of the District listed in this Ordinance shall be known on a map entitled “Village of Perrysville Zoning Plan 1989”. A certified copy of this Map is on file in the office of the Village of Perrysville, and said Map, all notations, dimensions and designations shown thereon are hereby declared to be part of this Ordinance.
(a) District boundaries are intended to follow street, alley, property, or lot lines as they exist at the time of passage of this Ordinance.
(b) Where District boundaries do not follow existing lot lines, the dimensions of these areas shall be listed on the Zoning Map.
(c) In the case of a vacation of a street, alley or other right-of-way, the abutting zoning classification on either side shall be automatically extended to the centerline of said vacated property.
(d) Where boundaries appear to approximately follow aforesaid lines and are not more than ten (10) feet distant from such lines, they shall be interpreted to be the boundary unless specifically shown otherwise.
(e) The Zoning Map and any amendment shall be prepared on the authority the Village of Perrysville Planning Commission. Any amendments to the Map shall be dated with the effective date of the amendment.
(Ord. 717. Passed 7-10-89.)
1105.01 GENERAL REGULATIONS.
(a) No building or structure shall be built or altered for use other than those permitted in the District in which the structure is located.
(b) Land uses, other than those listed in this Ordinance, are prohibited on property in the Village of Perrysville.
(c) Parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers, silos, scenery lofts and necessary mechanical accessories are exempt from the height restrictions listed in the Ordinance.
(d) Any addition to an existing building shall not intrude into any required yard or open space.
(e) New lots of record shall meet all minimum size requirements for the District in which they are located.
(f) No more than one main building shall be located on a lot of record.
(g) The Village of Perrysville Zoning Ordinance shall serve as a supplement to existing and future Federal, State, County and Local laws. Whenever this Ordinance differs from other lawfully adopted regulations, the most restrictive or highest standard shall apply.
(h) Any lot of record existing at the time of the adoption of this Ordinance and held in separate ownership different from that of adjoining parcels may be used for any purpose normally permitted in that District even though its area, width, and depth are less than the requirements of the District.
(Ord. 8-2022. Passed 7-11-22.)
1107.01 PERMITTED USES.
After obtaining a valid zoning certificate:
(a) Agriculture.
(b) Single Family Dwelling.
(c) Two Family Dwelling.
(d) Home Occupations.
(e) Roadside Stands.
(f) Accessory Uses.
(g) Essential Services.
(Ord. 717. Passed 7-10-89.)
1107.02 CONDITIONAL USES.
(a) Public Uses.
(b) Semi-Public Uses.
(c) Mobile Home Parks.
(d) Kennels and Veterinary Clinics.
(e) Television or Radio Transmitter or Tower.
(f) Mineral Extraction, Storage or Processing.
(g) Cemeteries and Mortuaries.
(h) Multi-Family Dwellings.
(i) Non-Commercial Recreational Facilities.
(Ord. 717. Passed 7-10-89.)
1107.03 AREA, LOTS, YARDS, HEIGHT AND SIZE OF BUILDINGS.
(a) Minimum Lot Areas: One acre (43,560 square feet), excluding road right-of-way.
(b) Minimum Lot Width: One hundred (100) feet.
(c) Minimum Front Yard: Fifty (50) feet from the edge of the road right-of-away.
(d) Minimum Rear Yard: Twenty-five (25) feet.
(e) Minimum Side Yard: Fifteen (15) feet each side.
(f) Maximum Building Height: Thirty-five (35) feet.
(g) Minimum Lot Depth: One hundred (100) feet.
(h) Minimum Main Building Size: Seven hundred fifty (750) square feet.
(Ord. 717. Passed 7-10-89.)
1109.01 PERMITTED USES.
After obtaining a valid zoning certificate:
(a) Agriculture.
(b) Single Family Dwelling.
(c) Two Family Dwelling.
(d) Home Occupations.
(e) Accessory Uses.
(f) Essential Services.
(Ord. 811. Passed 10-6-97.)
1109.02 CONDITIONAL USES.
(a) Multi-Family Dwellings.
(b) Mobile Home Parks.
(c) Public Uses.
(d) Semi-Public Uses.
(e) Television or Radio Station Transmitter or Tower.
(f) Industrialized Unit Housing.
(Ord. 6-2022. Passed 7-11-22.)
1109.03 AREA, LOTS, YARDS, HEIGHT AND SIZE OF BUILDINGS.
(a) Minimum Lot Area: None.
(b) Minimum Lot Width: Sixty (60) feet.
(c) Minimum Front Yard: Ten (10) feet from the edge of the road right of way.
(d) Minimum Rear Yard: Fifteen (15) feet.
(e) Minimum Side Yard: Five (5) feet each side.
(f) Maximum Building Height: Thirty-five (35) feet.
(g) Minimum Lot Depth: None.
(h) Minimum Main Building Size: Seven hundred fifty (750) square feet.
(Ord. 811. Passed 10-6-97; Ord. 968. Passed 3-4-19.)
1111.01 PERMITTED USES.
After obtaining a valid zoning certificate:
(a) Agriculture.
(b) Single Family Dwelling.
(c) Two Family Dwelling.
(d) Local Business.
(e) Professional Services.
(f) Personal Services.
(g) Accessory Uses.
(h) Essential Services.
(i) Public Uses.
(j) Semi-Public Uses.
(k) Home Occupations.
(l) Banks.
(m) Lodges and Fraternal Organizations.
(Ord. 717. Passed 7-10-89.)
1111.02 CONDITIONAL USES.
(a) Automobile Service Stations.
(b) Mobile Home Parks.
(c) Multi-Family Dwellings.
(d) Cemeteries and Mortuaries.
(e) Commercial Recreational Facilities.
(f) Theaters.
(Ord. 717. Passed 7-10-89.)
1111.03 AREA, LOTS, YARDS, HEIGHT AND SIZE OF BUILDINGS.
(a) Minimum Lot Area: Fourteen thousand (14,000) square feet, excluding right-of-way.
(b) Minimum Lot Width: Eighty (80) feet.
(c) Minimum Front Yard: Thirty-five (35) feet from the edge of the right-of-way.
(d) Minimum Rear Yard: Fifteen (15) feet.
(e) Minimum Side Yard: Ten (10) feet each side.
(f) Maximum Building Height: Thirty-five (35) feet.
(g) Minimum Lot Depth: One hundred (100) feet.
(h) Minimum Main Building Size: Seven hundred fifty (750) square feet.
(Ord. 13-2021. Passed 9-7-21.)
1111.04 NORTH BRIDGE STREET COMMERCIAL DISTRICT (C) MINIMUM REQUIREMENTS.
(a) Minimum Lot Area. Two thousand six hundred (2,600) square feet, excluding road right-of-way.
(b) Minimum Lot Width. Twenty (20) feet excluding the right-of-way.
(c) Minimum Front Yard. Thirty-five (35) feet from the edge of the right-of-way. When a commercial structure has store front for public access to business from North Bridge Street the minimum front yard requirement may be zero (0) feet from the right-of-way.
(d) Minimum Rear Yard. Fifteen (15) feet.
(e) Minimum Side Yard. Five (5) feet each side. Excluding the right-of-way. A commercial structure may have less than the minimum clearance requirements from a side property boundary if the commercial structure meets the firewall requirements of the Ohio Board of Building Standards Codes.
(f) Maximum Building Height. Thirty-five (35) feet.
(g) Minimum Lot Depth. One hundred (100) feet.
(h) Minimum Main Building Size. Seven hundred fifty (750) square feet.
(Ord. 13-2021. Passed 9-7-21.)
1113.01 PERMITTED USES.
After obtaining a valid zoning certificate:
(a) Agriculture.
(b) Roadside Stands.
(c) Accessory Uses.
(d) Public Uses.
(e) Semi-Public Uses.
(f) Commercial Recreational Facilities.
(g) Non-Commercial Recreational Facilities.
(h) Essential Services.
(i) Local Business.
(j) Service Stations.
(k) Cemeteries and Mortuaries.
(l) Manufacturing, Sale and Storage of Building Supplies.
(m) Equipment Storage and Sales.
(n) Wholesale and Warehouse Facilities.
(o) Grain Elevators and Feed Mills.
(p) Professional Services.
(q) Personal Services.
(r) Banks.
(s) Research and Testing Laboratories.
(t) Food Processing.
(u) Kennels and Veterinary Clinics.
(v) Lodges and Fraternal Organizations.
(Ord. 717. Passed 7-10-89.)
1113.02 CONDITIONAL USES.
(a) Mineral Extraction, Storage or Processing.
(b) Television or Radio Transmitter or Tower.
(Ord. 717. Passed 7-10-89.)
1113.03 AREA, LOTS, YARDS, HEIGHT AND SIZE OF BUILDINGS.
(a) Minimum Lot Area: Twenty thousand (20,000) square feet, excluding road right- of-way.
(b) Minimum Lot Width: One hundred fifty (150) feet.
(c) Minimum Front Yard: Fifty (50) feet from the edge of the road right-of-way.
(d) Minimum Rear Yard: Forty (40) feet.
(e) Minimum Side Yard: Twenty-five (25) feet each side.
(f) Maximum Building Height: Sixty-five (65) feet.
(g) Minimum Lot Depth: One hundred fifty (150) feet.
(Ord. 717. Passed 7-10-89.)
1117.01 TEMPORARY STRUCTURES.
Temporary structures used in conjunction with construction activities shall be permitted only during the period of construction. A permit for the location of a temporary structure must be obtained from the Zoning Inspector before the building is placed on the site. Said permit shall be valid for a maximum of three (3) months.
(Ord. 717. Passed 7-10-89.)
1117.02 DETERIORATED OR ABANDONED STRUCTURES.
Deteriorated or abandoned structures such as dwellings, barns, silos, sheds, oil storage tanks or other structures in a similar condition which create potential health hazards shall be demolished and removed.
(Ord. 717. Passed 7-10-89.)
1117.03 ACCESSORY BUILDINGS.
(a) Purpose.
(1) The purpose of this section is to identify and regulate accessory structures to ensure that such structures do not create public safety or public nuisance issues and do not create an adverse aesthetic from street rights-of-way, adjacent and neighboring properties. The intent of these regulations is to complement the requirements and standards of the Village of Perrysville Zoning Code.
(b) Accessory structures.
(1) No permit shall be required for accessory structures forty-nine square feet (49 sq. ft.) or smaller.
(2) Accessory structures shall be subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use, provided, however, that there shall be no “accessory use” or “accessory structure” without the prior establishment or construction of the principal use or building.
(3) Accessory structures shall be permitted in all districts, provided, however, that such accessory structures shall be subject to the following rules and regulations concerning their location, erection and construction:
A. No more than two (2) accessory structures (exclusive of detached garage) shall be permitted on a lot smaller than six-thousand square feet (6,000 sq. ft.).
B. No more than four (4) accessory structures (exclusive of detached garage) shall be permitted on a lot in size of six-thousand-one square feet (6,001 sq. ft.) to twelve thousand square feet (12,000 sq. ft.).
C. Accessory structures shall be located in the rear and side yard.
D. Accessory structures shall be no closer than three (3) feet of any property line.
(c) Detached garage.
(1) Purpose. The purpose of these regulations is to supplement the specifications and standards of the Village Perrysville Zoning Code while creating a visual appeal from the right-of-way or adjacent and neighboring properties.
(2) Detached garages.
A. For the purposes of this section a “detached garage” shall mean a separate building having no common wall with the main building on the lot.
B. All detached garages shall be constructed of conventional building materials.
(3) Detached garage setback.
A. Detached garages shall be located in the side yard or rear yard requirements.
(4) Detached garage use.
A. All detached garages shall be for storage of materials or equipment incidental to the permitted use of the property.
(d) Storage Units.
(1) Purpose.
A. The purpose of this section is to regulate the use of portable storage units in all Zoning Districts throughout the Village while protecting the public health, safety, and welfare, and to encourage positive aesthetics in the community.
(2) Cargo/shipping containers.
A. Cargo/shipping containers shall only be permitted in districts zoned A (Agriculture) and I (Manufacturing).
B. Cargo/shipping containers shall not exceed one hundred ninety square feet (190 sq. ft.).
C. As a condition of placement, cargo/shipping containers shall be required to be fenced or screened from abutting properties and/or rights-of-way.
D. Cargo/shipping containers shall not be placed in front yard requirements.
E. Cargo/shipping containers in districts zoned I (Manufacturing) and A (Agriculture) shall be stacked no more than two (2) high.
(3) Portable storage units.
A. The purpose of this section is to regulate the use and location of portable storage units. These units are typically known by the names: PODS (Portable on Demand Storage Units), SAM (Store and Move), Smartbox USA, and units. These types of units are typically used for moving, temporary storage during construction and other purposes as may be listed below.
B. Definition. For the purpose of this section “Portable Storage Unit” shall mean any rentable or leaseable enclosed unit of durable construction or material, generally eight feet (8') in width by eight feet (8') in height by seven (7') to sixteen (16') feet long, designed for temporary storage which can be transported by truck, left on site or are filled and removed and stored at a central location.
C. General regulations. Portable storage units may be permitted as a temporary structure in any Zoning District as follows:
1. Portable storage units are to be removed within five (5) calendar days after the unit is no longer necessary or construction is complete, whichever is sooner.
2. A portable storage unit shall only remain on a property for a period of thirty (30) days from the date of installation. A request for an extension may be granted by the Zoning Inspector.
3. Portable storage units are only permitted on a lot containing an existing main building or the construction thereof.
4. Only one (1) portable storage unit shall be placed on a lot at one time.
5. Portable storage units must be located on a paved area or gravel area unless located on a construction site where a driveway is not yet installed, in which case the portable storage unit shall be located in the proposed driveway location.
6. Portable storage units shall be located entirely on the owner’s lot as close to the residence as possible, not blocking any site lines.
7. No part of the portable storage unit shall be located on any public property or in the right-of-way.
D. Extension. The thirty (30) day limitation set forth in subsection C.2. herein may be extended upon approval of the Zoning Inspector, for good cause shown, provided that the applicant has complied with the requirements of this chapter.
E. Exceptions. The Zoning Inspector, in the event of emergencies, such as floods, wind storms, fires, or other natural disasters, and man-made disasters, such as sewage back-ups, water leaks, electrical overloads and other similar events beyond the control of the property owner or resident may relax the enforcement provisions of this chapter to make reasonable allowances for the extension of time periods, limit on number of containers, locations of containers on property, and other appropriate waivers where necessary to assist in recovery, restoration, mitigation of further damage and construction efforts.
(e) Prohibitions.
(1) No accessory building shall be used for human occupation.
(2) No person shall rebuild, overhaul or dismantle a vehicle or mechanical equipment in any open front or side yard requirements.
(3) Subsection (e)(2) shall not apply to any licensed automobile service stations and/or repair shops with a copy of license on file at the Village office.
(4) The use of cars, trucks, vans, truck boxes, converted mobile homes, trailers, recreational vehicles, bus bodies and similar prefabricated as accessory structures or storage units are prohibited.
(5) No portable storage unit shall be used for human or animal occupation.
(6) No electrical or plumbing service shall be connected to or provided in the portable storage unit.
(7) The placement of any portable storage unit shall be located in such a manner on any property as not to create public nuisance.
(f) Zoning Permit Required.
(1) A zoning certificate shall be required for all accessory structures larger than fifty square feet (50 sq. ft.).
(g) Penalty.
(1) Any violations of the provisions of this section shall be subject to the penalties listed in the Codified Ordinances of Perrysville, Section 1123.11.
(Ord. 9-2022. Passed 7-11-22.)
1117.04 MINERAL EXTRACTION, STORAGE AND PROCESSING.
(a) Mineral extraction and related activities shall occur where permitted by these Codified Ordinances and only after a valid Zoning Certificate has been obtained.
(b) Mineral extraction and related activities shall occur no closer than five hundred (500) feet from any structure intended for human occupancy.
(c) The operator of any facility used for mineral extraction shall submit to adjacent property owners, roads, natural features and any additional information deemed necessary by the Inspector.
(d) The operator of any facility used for mineral extraction shall submit to the Zoning Inspector a plan outlining how the area shall be reclaimed. The plan shall include the anticipated future use of the property, final topography indicated by contour lines of intervals of not more than five (5) feet, the type of trees and shrubs, and number per acre, type and quality of grass to be spread, location of roads, location of proposed drainage courses, plus any additional information deemed necessary by the Zoning Inspector.
(e) In most cases a performance bond, payable to the Village of Perrysville, shall be filed by the operator of such facility. This bond shall be held to guarantee satisfactory compliance by the operator with the requirements of this Ordinance. The rate per acre of property to be mined shall be fixed by the Village. Said bond shall be released by the Village upon written certification of a compliance with this Ordinance and satisfactory completion of the reclamation plan.
(Ord. 717. Passed 7-10-89.)
1117.05 HOME OCCUPATION.
Home occupation, as defined, may be permitted in the Districts identified in this Ordinance, after a valid Zoning Certificate has been obtained. The operator of a home occupation shall submit an application to the Zoning Inspector, along with a fee established by the Village of Perrysville, to receive such a Certificate. The structure used for the home occupation shall be inspected every twelve (12) months to ensure continued compliance with this Ordinance.
(Ord. 717. Passed 7-10-89.)
1117.06 CORRECTION PERIOD.
All Zoning violations shall be corrected within seven (7) days of a receipt of a written notice of said violation by the owner of the property. Any violation not corrected within this period of time shall be reported to the Solicitor for legal action.
(Ord. 10-2022. Passed 7-11-22.)
1117.07 YARD REQUIREMENTS.
(a) Interior lots having frontage on two (2) streets shall provide the required front yard on both streets.
(b) In the case of corner lots used for residential purposes, the required front yard shall be provided for along both rights of way.
(c) In situations where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with structures, new buildings shall be erected no closer, or farther, to the right-of-way than the average distance as established by existing buildings. (Ord. 717. Passed 7-10-89.)
1117.08 PUBLIC NUISANCES AND HAZARDS.
(a) General Prohibition. No land, buildings or use shall be used or occupied so as to be a nuisance or hazard to the public or adjoining property owners and adversely affect neighboring areas. All noxious or hazardous substances, to include acids, solid matter, flammable liquids and poisonous substances, shall be stored, transported or used and disposed of in such a way so as to not be a hazard to adjoining property owners and uses. Storage of these items and substances shall be removed from view from any public right of way. Adequate precautions shall be taken to insure the safety of the public and adjoining property owners and uses.
All business entities, commercial facilities, automobile service stations and/or repair shops shall cause all merchandise, inventory, used parts, junk as defined in Section 1101.01, and dismantled motorcycles and/or four wheelers to be stored in the building of the business, accessory building, storage trailer as permitted in Section 1117.16 herein, or in a fenced in area, so as to not be a hazard or nuisance to adjoining property owners or adversely affect the neighboring areas. This section in no way prevents the display of merchandise during regular business hours.
(b) Existing Public Nuisance Subject to Discretion of Council. Any public nuisance described in this Zoning Code that exists at the time of the adoption of this Zoning Code shall be subject to the discretion of Village Council prior to any action on the part of the Village to abate or take any other action against such public nuisance. In the utilization of such discretion, Council shall determine what reasonable action, if any, should be taken by the Village to bring about the partial or total abatement of such public nuisance in question.
(c) Litter. Litter constituting a detriment to public health, public safety and adjoining properties which has been placed on any property shall be removed. Litter includes any garbage, waste, peelings of vegetables or fruit, rubbish, tires, ashes, cans, bottles, wire, paper, boxes, parts of automobiles, building materials, furniture, glass or oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature. Junk such as Junk vehicles, abandoned vehicles, household appliances, farm equipment, or any other matter. All Litter accumulation to the point of creating a visual blight on the landscape, hazardous conditions and destroys the aesthetics of the village shall be removed from view from any public right of way.
(Ord. 975. Passed 4-1-19.)
1117.09 SIGNS.
(a) Purpose. The purpose of regulating signs is to promote and protect the community by regulating existing and proposed signs of all types. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance and curb the deterioration of the natural environment while preserving the scenic and natural beauty of Perrysville.
(b) Residential Signs.
(1) All Residential signs located in the Village shall follow the requirements of this section.
(2) The following signs shall be permitted in District R (Residential). A Zoning Certificate shall not be required.
A. Signs advertising sales of any kind are only permitted on the property where the sale is to take place or on other private property with owner or person in charge of the property grants permission. Such signs shall not be placed on the public right-of-way, utility poles, traffic signs, public property or street signs. All signs shall not exceed nine square feet per side. Signs improperly placed on private property may be removed by the owner of such property. Such signs placed on public property may be removed by an authorized official of the Village.
B. Signs advertising a home occupation of not more than six (6) square feet in area.
C. Signs listing the name and address of occupants of a structure not to exceed four (4) square feet in area.
D. Temporary signs for construction of a building or similar purpose. Such signs shall be removed within two (2) weeks of the completion of construction activity.
E. Political signs not to exceed four (4) square feet. These signs must be removed within one (1) week after the election.
F. Signs erected by governmental agencies.
G. Garage sale, barn sale, yard sale signs need to be removed twenty-four (24) hours after the event.
H. Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed. All real estate signs shall be removed within thirty (30) days upon the sale of the property.
I. All properties in Zoning Districts A (Agriculture) C (Commercial) I (Manufacturing) or R (Residential) require a Zoning Certificate for all commercial and/or industrial signage.
(c) Business, Commercial and Industrial Signs.
(1) Zoning Certificate Required.
A. A Zoning Certificate shall be required for all Commercial Signs on private or semi-public property in any District zoned A (Agriculture), R (residential), C (commercial) and I (manufacturing). Commercial signs include, but are not limited to the following, Banners, Billboards, Digital Display Signs, Directional Signs, Double Faced Signs, Freestanding Signs, Ground Signs, Inflatable displays, Illuminated Signs, Neon Signs, Pole Signs, Portable Signs, Projection Sings, Pylon Signs, Roof Signs, Temporary Signs and Wall Signs.
B. Commercial signs in any district zoned A (Agriculture), R (Residential), C ( commercial) and I (Manufacturing), shall require a Commercial Building Permit and meet the codes, standards and regulations of the OBC (Ohio Building Codes).
(2) Billboards.
A. Billboards shall not be located in the Village except by permission of the Board of Zoning Appeals, after a public hearing and when the following requirements are met;
B. Such displays or sign must be in one of the following districts:
1. A (Agriculture).
2. C (Commercial)
3. I (Manufacturing).
C. Other locations, such as ball diamonds or similar locations where such advertising is often located, may be considered.
D. Such displays or signs would not impose a nuisance or blighting effect on any residential, private, public or semi-public properties.
E. Such displays or signs shall not be located within twenty (20) feet of any street right of way.
F. Such displays or signs shall not be located so as to interfere with the visibility and safe operation of vehicles entering or leaving the premises or intersecting streets.
G. Such signs or structures shall not exceed one hundred (100) square feet for one face and/or two hundred (200) square feet for two (2) or more faces, and in no case shall one hundred (100) square feet of display or sign be visible from any one point.
H. Such signs or displays shall in no other way adversely affect the public health, safety or welfare.
I. Such signs shall be separated from each other a minimum of ten (10) times the average size of the signs and said signs shall be not less than one hundred (100) feet apart.
J. Such signs shall be back from the edge of the right of way as required by the following table:
Size (feet) | Setback (feet) |
Less than or equal to 10 square feet | 10 |
11 to 30 square feet | 20 |
31 to 50 square feet | 30 |
51 square feet or greater | 50 |
(3) Structural Requirements.
A. All structural requirements shall be in accordance with applicable codes, shall be constructed to withstand a wind stress of thirty (30) pounds per square foot and shall be as approved by the Building Inspector; however, the owner is responsible to construct and maintain all signs so as to render them safe to persons, property and traffic.
(4) Roadside Signs.
A. Signs advertising roadside stands not to exceed four ( 4) square feet in surface area.
(5) Wall Signs.
A. In Districts C (Commercial) and I (Manufacturing), each business or industry shall be permitted one (1) on-premises wall sign or one (1) projecting sign for each face of the building facing a street, with the following requirements:
1. Wall signs shall not exceed an area equivalent to one and one-half (1-1/2) square feet of sign area for each linear foot of building frontage, but in no case shall they exceed a maximum area of one-hundred (100) square feet.
2. Wall signs shall have at least nine (9) feet clearance between the lower edge of the sign and the ground and fourteen and one-half (14 ½) feet clearance over any area used by motor vehicles.
3. Wall signs shall not extend into any street, sidewalk, alley or public thoroughfare.
4. Wall signs made of glass shall not exceed twelve (12) square feet when double strength glass is used and forty (40) square feet when plate or wired glass is used.
5. No wall sign shall be so erected as to cover the doors or windows of any building, or otherwise prevent free ingress and egress from any window, door or fire escape of any building.
6. Each wall sign erected, hung or suspended or permitted under the terms of this chapter shall be securely fastened to a building or other structure upon the premises owned or occupied by the applicant and amply supported vertically and horizontally to prevent falling from its own weight or from wind pressure, and to prevent the same from becoming a hazard to persons using the public street or sidewalk in the vicinity of the sign.
7. No sign shall be suspended from or supported by a facade, cornice or coping, but shall be anchored to the supporting walls of the building.
(6) Ground Signs.
A. In Districts C (Commercial) and I (Manufacturing), a business shall be permitted one (1) on-premises ground sign, with the following requirements:
1. All parts of the sign shall be set back fifteen (15) feet from any street right of way or thirty (30) feet from the street centerline, whichever is greater.
2. The maximum area of a ground sign shall be thirty (30) square feet on any face of the sign and the height shall not be higher than eight (8) feet above grade level at the street right-of-way line, without approval of the Board of Zoning Appeals.
3. One ground sign serving a group of four (4) or more business establishments in C (Commercial) and I (Manufacturing) Districts and placed at least twenty (20) feet back of the property line shall be permitted on each street serving such group of businesses in lieu of individual ground signs. The maximum area of such a ground sign shall not exceed one hundred (100) square feet for four (4) business establishments, but may be increased in size by ten (10) square feet for each additional business up to a maximum of two hundred (200) square feet. Such signs shall not exceed thirty (30) feet in height for one hundred (100) square foot signs with an additional one (1) foot added to height permitted with each additional ten (10) square feet of sign area up to a maximum of twenty-five (25) feet in height.
(7) Projection Signs.
A. In Districts C (Commercial) and I (Manufacturing), each business or industry shall be permitted one projecting sign for each face of the building facing a public street with the following requirements:
1. Projecting signs shall not extend more than six (6) feet from the face of the main building.
2. Projecting signs shall not exceed sixteen (16) square feet on any one face of the sign.
3. Projecting signs shall not be closer than twenty-four (24) inches from the face of curb or edge of pavement.
4. Projecting signs shall have at least ten (10) feet between the lower edge of the sign and the ground and fourteen and one-half (14 ½) feet over any area used by motor vehicles.
5. Projecting signs shall be not less than five feet (5 ') from the side property line or division wall between different occupants.
6. No projecting signs shall contain any non-plated or non-wired glass. The area of glass shall not be in excess of nine (9) square feet when plate or wired glass is used.
7. All projection signs shall be in lieu of all wall signs.
8. All projecting signs placed in or extending above the public right-of-way require the approval of Village Council.
(8) Roof Signs.
A. Signs placed on or above the roof of any building shall not be permitted except on the sloping portion of a mansard roof or in cases with approval of the Zoning Board of Appeals as a variance when it is determined by the Board that a roof sign would be the only means of adequate identification.
B. No sign shall be placed on the roof of any building so as to prevent the free passage from one part of the roof to any other part or interfere with any opening thereon. No sign shall project beyond the edge of the roof in any direction and if over four feet in height shall be so constructed as to leave a clear space of at least six (6) feet between the roof level and the lowest part of the sign and at least five (5) feet clearance between the vertical supports. Every roof sign over four (4) feet in height shall be set back at least five (5) feet from the face of any front, rear or sidewall.
C. Signs shall be designed to withstand a wind pressure of thirty (30) pounds per square foot of area subject to such pressure.
D. Roof sign structures may be erected upon fireproof buildings to a height of not exceeding five (5) feet above the roof peak and upon non-fireproof buildings to a height not to exceed the roof peak.
E. All such roof signs shall be thoroughly secured to the building upon which they are installed, erected or constructed by iron or metal anchors, bolts, supports, chains, stranded cables, steel rods or braces.
F. In no case shall any roof sign for any single business or industrial enterprise exceed the area of the roof and shall be limited to a maximum of one hundred fifty (150) square feet.
G. A roof sign when approved by the Board of Zoning Appeals shall be in lieu of all wall signs.
(9) Temporary Signs.
A. One (1) portable or temporary sign, including trailer mounted signs and balloons, shall have the following requirements:
1. One temporary sign per premise and shall be required to have a zoning certificate prior to establishment.
2. Such signs are prohibited within one hundred (100) feet of a residential district.
3. The minimum setback for all temporary signs shall be shall be set back fifteen (15) feet from any street right of way or thirty (30) feet from the street centerline, whichever is greater.
4. Temporary signs shall not be illuminated.
5. No temporary sign shall visually obstruct vehicle or pedestrian traffic.
(10) Traffic Direction or Guidance Signs.
A. In all districts, all parking lots having spaces for four (4) or more cars or drive-in type car service may have traffic direction or guidance signs, including entrance and exit signs, such signs shall have the following requirements:
1. Such signs shall not exceed six (6) square feet in area.
2. Such signs shall only display directional information and conditions of use and shall not extend more than four (4) feet above the grade.
3. Such signs shall not obstruct visibility of vehicle or pedestrian traffic.
4. Such signs shall be no closer than three (3) feet to any lot line or easement.
(11) Pole Signs.
A. Single Pole signs are no longer permitted, and considered to be nonconforming.
(12) Window Signs.
A. Window signs shall have a clear background.
B. A maximum of eight (8) window signs is allowed.
(13) Corner Lots.
A. Buildings, building units or lots with frontage on two (2) public streets may be permitted additional signage along the secondary street, provided that such additional signage shall not exceed twenty percent (20%) of the area of the signage permitted along the main facade, and provided, further, that such signage shall not exceed the number of signs permitted for the principal facade and street. There shall be no greater than one (1) building sign per street face and a maximum of two (2) building signs per building.
(d) Prohibited Signs.
(1) Signs or advertising erected or maintained on trees, or painted or drawn upon rocks or other natural features.
(2) Flashing or illuminated signs that distract drivers, are a nuisance, receive complaints and affect the aesthetics of the community and/or abutting properties.
(3) Signs that resemble devices erected under governmental authority.
(4) Signs located in dedicated rights of way.
(5) Signs deemed to be unsafe or a public hazard.
(6) Signs or advertisement devices which, in the opinion of the Zoning Inspector, are traffic hazards or a danger to the safety of the traveling public.
(7) Signs or advertising devices which prevent the driver of a vehicle from having a clear and an unobstructed view approaching or merging traffic.
(8) Signs or illuminated advertising devices that interferes with the effectiveness of an official sign, signal or device, or so as to obscure the same.
(9) Signs or advertising devices which attempt, or appear to attempt, to direct the movement of traffic, or which interfere with, imitate or resemble an official sign, signal or emergency equipment or device.
(10) Signs not listed in this chapter, unless determined by the Board of Zoning Appeals to be a permitted exception.
(e) Nuisance and Non-conforming Signs.
(1) Signs that are, to include but not limited to the following: obscene, nuisances, receive complaints, dilapidated, abandon (thirty (30) days or more) and affect the aesthetics of the community or a blighting effect on any commercial, residential, public or semi-public property are subject to removal.
(2) A sign conforming as to the regulations prevailing on the effective date of this chapter, but which does not conform with the regulations of this or a subsequent amendment, shall be construed as a legal nonconforming sign. The Zoning Inspector shall keep a list of such non-conforming signs and shall notify the owners of the status of non-conformity.
(f) Repairs.
(1) Normal or ordinary repairs and improvements may be made but shall not require a permit from the Zoning Inspector. For the purpose of this Zoning Code, normal repairs shall include ordinary maintenance of the sign or structure including painting and replacement of basic equipment such as substitution of lights or minor wiring. The term shall not include the replacement of structural parts in any nonconforming sign except when required by law to make the sign conforming.
(2) Change of use. Where the business use associated with the nonconforming sign at the date of this chapter thereafter changes, such change of use shall require the property owner to bring the sign into compliance with this chapter.
(g) Penalty.
(1) Violations any of the provisions in this chapter shall be subject to the penalties listed in the Codified Ordinances of Perrysville, Section 1123.11.
(Ord. 1000. Passed 11-2-20.)
1117.10 NONCONFORMING BUILDINGS AND USES.
(a) Any lawful uses of buildings or land existing at the time of the adoption of this Ordinance may continue, even though such use does not conform to the District requirements.
(b) A nonconforming structure or use may be enlarged a maximum of ten percent (10%) of the original floor or ground area.
(c) Whenever a building or land use becomes nonconforming through an amendment to this Ordinance or the Zoning Map, such use may continue.
(d) Any nonconforming use that is discontinued for a period of one (1) year or more shall not again be started except in total compliance with this Ordinance.
(e) Any structure under construction at the time of adoption of this Ordinance designed for a nonconforming use may be used for its intended purpose.
(f) A nonconforming building or structure damaged by fire, explosion, act of nature or a public enemy to the extent that up to seventy-five percent (75%) of the structure must be replaced, it may be restored to the same use within twelve (12) months provided all reconstructed portions of the structure conform to the requirements of this Ordinance.
(Ord. 717. Passed 7-10-89.)
1117.11 FENCES AND HEDGES.
(a) All fence(s) and hedge(s) shall not be closer than three (3) feet to the edge of any road right-of-way or easement.
(b) All fence(s) and hedge( s) shall not exceed three (3) feet in height within twenty feet of an intersection.
(c) No fence(s) or hedge(s) shall be located within ten (10) feet of a fire hydrant in accordance with ORC. 4511.68(4).
(d) No fence(s) or hedge(s) shall not be located within one (1) foot of the property lines.
(e) No fence(s) or hedge(s) shall exceed four (4) feet in front of premises six (6) feet on the sides or rear of premises.
(f) Fence(s) shall have the finished side facing outward and structural side shall face inward.
(g) Structures deemed a spite fence(s) are prohibited and shall be removed upon notice.
(h) Fence(s) shall not be installed in a designated drainage easement.
(i) All fence(s) on property shall have a single unified style.
(j) All fence(s) shall be structurally sound and maintained.
(k) All fence (s) shall be painted a harmonious exterior color.
(1) Fence(s) in a residential district shall be constructed of conventional residential fence(s) style and material.
(m) Fence(s) shall not enclose or limit access gas, electric and water meters. Property owners shall be responsible for the cost of the relocating of utility meters.
(n) Ornamental fence(s) may require a permit.
(o) Electric and barbed wire fences:
(1) No person shall erect or maintain any fence charged with electrical current; and
(2) No person shall erect or maintain a barbed wire fence which abuts or is adjacent to any public street or sidewalk. This subsection does not prevent the placement and use of not more than three strands of barbed wire on top of a fence other than a barbed wire fence, provided such strands are not less than seventy-two (72) inches from the ground.
(p) Temporary fence(s) may be required for construction and demolition sites.
(q) All fence(s) shall have a drawing of outside dimensions indicating property/lot lines, house and building(s) within the lot, indicating fence location, indicating distance from fence to property/lot lines, indicating fence material(s), indicating types of fence(s), indicating locations of gas, electric and water meters on house/building(s). Drawing must be submitted with zoning application.
(r) Home owner(s) and/or property owner(s) are responsible for determining property/lot lines. Approval of fence permit shall not be a legal determination of property/lot lines.
(s) Commercial properties shall also require a Commercial Permit from Commercial Codes/Permits Department.
(Ord. 990-2020. Passed 3-2-20.)
1117.12 EROSION AND STORMWATER RUNOFFS.
All new developments shall conform with the standards established for storm water management and erosion in the current edition of the Subdivision Regulations of Ashland County. (Ord. 717. Passed 7-10-89.)
1117.13 MOBILE HOME PARKS.
(a) All mobile homes must be located in a mobile home park.
(b) All mobile home parks shall meet the requirements of the Ohio Department of Health/Public Health Council; Mobile Home Parks, Chapter 3701-27 of the Ohio Sanitary Code adopted by the Public Health Council under the authority of the Ohio R.C. 3733.01.
(Ord. 717. Passed 7-10-89.)
(c) When any house trailer or mobile home is a nonconforming use, or in any way violates this Zoning Ordinance, and is removed or relocated, such house trailer or mobile home shall not be replaced by another house trailer or mobile home except by the granting of the Zoning Inspector. The Zoning Inspector shall bear in mind that the intent of this regulation is to gradually bring about the elimination of nonconforming house trailers and mobile homes with a minimum creation of unnecessary hardship.
(Ord. 840. Passed 10-1-01.)
1117.14 CONDITIONAL USES.
(a) Under special conditions, land uses other than those specifically permitted by this Ordinance, may occur in a District. A list of these uses is located in Chapters 1107 to 1113. A special permit must be obtained from the Board of Zoning Appeals before the development of any of these uses may occur. Land uses occurring at the time of adoption of this Ordinance classified as “Conditional Uses” may continue without a permit.
(b) All proposed “Conditional Uses” are subject to the following general standards:
(1) The use will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village’s Zoning Ordinance.
(2) Will not be hazardous or disturbing to existing or future neighboring uses.
(3) Will be served adequately by essential public services (fire, police, highways, sewers, water, schools) or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(4) That the proposed use will not create excessive additional public costs or responsibilities for services or facilities and will not be detrimental to the community.
(5) The proposed uses will not involve activities, processes, materials, or equipment detrimental to persons, property or the general welfare of the community because of excessive noise, smoke, odors, traffic, glare or fumes.
(6) Adequate access to the use shall be provided that does not interfere with surrounding uses or disrupt current traffic patterns.
(7) The proposed use will not result in the destruction, loss or damage of natural, scenic, or historical features of major importance.
(c) When making its review of the proposed use, the Board of Zoning Appeals shall review the proposal on the basis of the above factors and any other criteria deemed pertinent by them. Such review shall follow the requirements established in Chapter 1125.
(Ord. 717. Passed 7-10-89.)
1117.15 KEEPING OF ANIMALS, FOWL OR BEES.
(a) No person shall shelter; maintain or harbor any of; but not limited to the following, live equine (horse), ovine (sheep), bovine (cow), caprine (goat), swine (pig) or camelid ( camel, llama, alpaca) on any residential property within the Village of Perrysville, except as follows:
(1) Having lots of two (2) acres or more.
(2) Gallinaceous (chicken, turkey or pheasant) and Anatidae (duck, geese or swan), but not limited to any other poultry or fowl, shall be limited to six (6) hens (females). Animals listed in subsection (2) shall be penned or caged and provided with suitable shelters and sanitation to avoid disturbing neighbors, in accordance with Ohio R.C. 959.13.
(3) Leporidae (rabbit or hare) shall be limited to six (6). Animals listed in subsection (3) shall be penned or caged and provided with suitable shelters and sanitation to avoid disturbing neighbors, in accordance with Ohio R.C. 959.13.
(4) Colonies of bees shall not be located on lots of less than twenty thousand (20,000) square feet. A minimum of one thousand (1,000) square feet lot area shall be required for each colony. No hive or colony shall be located closer than fifty (50) feet to neighboring dwelling.
(5) Animal runs, barns, pens, or shelters shall be no closer than fifty (50) feet to the front of the property line, not closer than ten (10) feet to any other property line or dwelling.
(6) Animals which are kept by a public entity or a public or private school that is chartered by the State of Ohio Department of Education.
(7) Animals that are caged or otherwise confined while being transported to or through the Village of Perrysville.
(b) No person shall erect, continue, use or maintain a dwelling, building, structure or place for a residence or for the exercise of a trade, employment or business, or for the keeping or feeding of an animal which, by occasioning noxious exhalations or noisome or offensive smells, becomes injurious to the health, comfort or property of individuals or of the public.
(Ord. 990-2020. Passed 3-2-20.)
1117.16 STORAGE TRAILERS.
(a) All storage trailers shall be maintained in such a condition so as to be operable on public right-of-way.
(b) All storage trailers shall be fully licensed as a trailer by the State for operation on the public rights of way.
(c) Storage trailers shall be for temporary use only and as such may be located on any portion of the owner’s property; for a maximum of six (6) months during any one (1) calendar year period.
(d) All storage trailers shall be secured so as to prevent unauthorized access.
(e) Storage trailers may only be located on property owned by the owner of the trailer.
(Ord. 717. Passed 7-10-89.)
1117.17 SATELLITE DISHES.
(a) Satellite dishes or earth stations shall be divided into two (2) categories:
(1) Building Mounted.
(2) Ground Mounted.
For the purpose of this Ordinance, Building Mounted satellite dishes are permitted with no special requirements.
(b) Ground mounted satellite dishes are subject to the following requirements:
(1) Satellite dishes shall be installed so that no portion of the dish or related equipment is closer than three (3) feet to any property line.
(2) Satellite dishes shall have a maximum diameter of twelve (12) feet.
(3) Satellite dishes and related equipment shall have a maximum height of fifteen (15) feet regardless of orientation.
(4) Materials used to mount the satellite dish shall be designed to withstand normal weather conditions without deteriorations and shall be designed to withstand eighty-five (85) mile per hour winds without structural failure.
(5) All satellite dishes shall be screened and landscaped to provide a pleasing appearance to neighboring property owners.
(Ord. 717. Passed 7-10-89.)
1117.18 TREES.
(a) Residents desiring to have their trees removed from within the tree lawn or trees that the Village planted must request removal. Determination will be on a first come first serve basis; as well as determined upon budget availability.
(b) Any tree presenting health and safety concerns will take top priority.
(c) Tree will not be permitted to be replaced within the tree lawn.
(Ord. 902. Passed 9-7-10.)
(d) In addition to the removal of trees, the Village will also be responsible for the removal of the stumps that are left from when the Village has trees removed, either by Village Employees or by Contractor. The Village will include the cost of stump removal in with the tree removal budget. (Ord. 928. Passed 10-11-12.)
1117.19 SWIMMING POOLS.
(a) Purpose. It is the purpose of this section to promote the public health, safety and welfare through the regulation of swimming pool facilities which are constructed, operated or maintained as an accessory use.
(b) Private Swimming Pools. No private swimming pool, exclusive of portable swimming pools, with a diameter of less than twelve feet (12'), with a depth or sidewall height of less than eighteen inches (18") and with an area of less than one hundred (100) square feet shall be allowed in any residential district or commercial district except as an accessory use, and such pools shall comply with the following requirements:
(1) The pool is intended to be used solely for the enjoyment of the occupants of the property on which it is located and their guests.
(2) The pool may be located anywhere on the premises, except in required front yards, provided that it shall not be located closer then eight feet (8') to any property line, street, right of way or easement.
(3) The swimming pool, or the entire property upon which it is located, shall be walled or fenced in such a manner as to prevent uncontrolled access by children from the street and from adjacent properties, in addition to existing fence regulations. No such fence shall be less than four feet (4') in height and such fences shall be maintained in good condition with a self-closing and self-latching gate. Above-ground pools with minimum side height of four feet (4') and retractable ladders need not comply with fence requirements of Section 1117.11.
(4) All swimming pools and all equipment shall be maintained, cleaned and in sanitary conditions.
(5) A Zoning Certificate shall be required upon the installation of a private swimming pool, pursuant to Section 1123.01 Zoning Permit Required.
(c) Penalty. Whoever violates any provisions of this chapter or any rule or regulation shall be fined in accordance with Village Ordinance 1123.11 Penalties for Violations.
(Ord. 993. Passed 4-20-20.)
1117.20 NOXIOUS WEEDS.
(a) As used in this section, "owner" means the owner of record of the premises, in fee or lesser estate therein, a mortgagee or vendee in possession, as assignee of the rents, a receiver, an executor, an administrator, a trustee, a lessee or other person, firm or corporation in control of a building, or their duly authorized agents. Any such person representing the owner shall be bound to comply with this section to the same extent as if he or she were the owner.
(b) The owner of any lot or parcel of land situated in the Village, if said lot or
parcel is improved, vacant or occupied, shall within five days after receiving written notice to do so, served upon him or her and conforming with Ohio R.C. 731.52, cut or destroy or cause to be cut or destroyed any noxious or poisonous weeds or any weeds, grass or vines, growing upon any such lot or parcel more than six inches in height. If the plot is over one acre, it can be designated as a field by the Zoning Inspector so long as the first acre encompasses the structures, house,
garage, etc. If said lot or parcel is unimproved it shall be maintained once a month.
(c) If the owner does not cut or destroy, or cause to be cut or destroyed, such weeds, grass or vines in accordance with this section, then the Street Commissioner shall enforce this section and cause such weeds, grass or vines to be destroyed or cut.
(d) Whenever any weeds, grass or vines are destroyed or cut by the Village, as provided in subsection (c) hereof, the Village shall give five (5) day Notice by regular mail to the owner of such lot or parcel of land, at his or her last known address to pay the cost of the cutting and destroying, which Notice shall be accompanied by a Statement of the cost incurred thereby. The Village shall set a rate of fifty dollars ($50.00) for every half hour a Village employee carries out said actions. The minimum amount for each incidence shall be one hundred dollars ($100.00). lf the same is not paid within thirty days of the mailing of the Notice, then such amount shall be certified to the County Auditor for collection in the same manner as taxes and assessments are collected.
(Ord. 990-2020. Passed 3-2-20.)
1117.21 SIDEWALKS.
(a) No owner or occupant of abutting lands shall fail to keep the sidewalks, curbs or gutters in repair and free from snow, ice or any nuisance.
(b) Sidewalks shall be cleared and free of any snow or ice no longer than forty-eight (48) hours after a weather event.
(Ord. 990-2020. Passed 3-2-20.)
1117.22 GARBAGE.
(a) Residential Garbage/Rubbish Containers.
(1) It shall be the duty of each householder in or upon any premises Zoned R (Residential), having three (3) or less multi-dwelling units, within the Village where garbage and rubbish are accumulated or allowed to be accumulated, to procure and keep available for the exclusive use on such premises or any part thereof occupied by the householder a metal or plastic garbage container/receptacle of not more than ninety-five (95) gallons capacity. Such containers shall be watertight and there shall be sufficient number to hold all the garbage/rubbish accumulated thereon for the period of one week. Such containers shall be securely closed and emptied weekly. There shall be no obligation on the garbage collector to collect any garbage, rubbish or other waste matter that may be contained in any standard container in excess of ninety-five (95) gallons capacity. Such containers shall be placed and maintained on the ground level of the premises but not within the limits of a street or other public place, except as shall be hereinafter permitted for purposes of garbage and rubbish pickup. All garbage accumulated upon a householder’s premises must be placed in such containers.
(2) Garbage or rubbish containers shall not be placed in the pickup area no more than twenty-four (24) hours before scheduled removal time or date.
(3) No person shall remove any garbage from any premises occupied by a householder or commercial establishment except the collector.
(b) Dumpsters.
(1) Dumpsters shall be allowed in Zone R (Residential) only during a period of building, construction or demolition in accordance with Section 1123.01. All building, construction or demolition dumpsters shall be emptied every thirty (30) days or seven (7) days of when full.
(c) Unlawful to Keep Longer than Between Collections.
(1) No person shall keep garbage or rubbish for a period of time for greater than that of one (1) week, upon any premises. All garbage/rubbish collection dates shall coincide with the schedule of the removal service under current contract with the Village of Perrysville.
(d) Compliance with Provisions.
(1) No person in the Village of Perrysville shall keep, place or deposit garbage on any grounds or premises whatsoever except in the manner designated in this section.
(2) No person shall throw or deposit any garbage, rubbish or waste matter, or cause the same to be thrown or deposited upon any street, way, lane or other public place, or upon any vacant lot or where rats, mice, dogs, cats, birds, fowl or other living things can feed thereon.
(e) Penalty. Whoever violates any provisions of this chapter or any rule or regulation shall be fined in accordance with Village Ordinance 1123.11 Penalties for Violations.
(Ord. 993. Passed 4-20-20.)
1117.23 ADDRESSING OF BUILDINGS AND HOUSES.
(a) Assignment of Numbers; Size and Material Specifications. All houses and buildings on all streets, lanes, alleys and avenues, or fronting on any public grounds of the Village, shall be numbered according to the provisions of this chapter.
(1) The numbers shall be assigned thereto by the Zoning Inspector upon a certificate issued upon request of any owner, agent, lessee or occupant of any premises.
(2) The numbers should be of aluminum, brass, enamelware, plastic, steel, wood or zinc, not less than two (2) inches by three (3) inches in size, or enamel plates not less than three (3) by six (6) inches in size.
(3) Any person may number his or her own house or building with such materials in an ornamental manner, subject to the limitations of this chapter.
(b) Location of Numbers. The figures of every number placed on any house, building or other structure shall be distinct and legible and placed in a conspicuous place in close proximity to the main entrance of the house, building or other structure and in full view of the street or other public way or ground.
(c) New Allotments. It shall be the duty of the Zoning Inspector, from time to time as new allotments are formed and new buildings erected, to apply without delay the provisions of this chapter insofar as it is charged with the duty of executing the same.
(d) Numbering Scheme.
(1) Streets running in an eastward direction shall be numbered eastwardly, beginning at Bridge Street as a division line, with the odd numbers on the north and even numbers on the south of the streets. The first number on each street shall be number One Hundred (100).
(2) Streets running in a westward direction shall be numbered westward, beginning at the Bridge Street as a division line, with the even numbers on the north and odd numbers on the south of the streets. The first number on each street shall be number One Hundred (100).
(3) Streets running north shall be numbered northward, beginning at Third Street as a division line, with the even numbers on the east and the odd numbers on the west side of the streets. The first number on each street shall be number One Hundred (100).
(4) Streets running south shall be numbered southward, beginning at Third Street as a division line, with the odd numbers on the east and the even numbers on the west side of the streets. The first number on each street shall be number One Hundred (100).
(e) Time Limit. The owner, occupant, lessee or agent of any owner of any house, building or other structure shall cause the house, building or other structure to be numbered as provided in this chapter within 120 days.
(f) Noncompliance; Remedy of the Village. Any Law Enforcement Officers of the Village shall, and any other person may, report to the Zoning Inspector or Fiscal Officer, without delay, all cases coming respectively to their knowledge, of failure to number houses and buildings. Upon the failure of the owner, occupant, lessee or agent to affix the proper number thereto within 120 days, the same may be done immediately by the Zoning Inspector at the expense of the village, and the cost of the numbering shall be paid for by the owner or lessee of the house or building on which the same has been placed, and if not paid for on demand, may be charged as an additional tax upon the property and be collected with such other taxes as may be chargeable thereon.
(g) Defacing Numbers. No person shall interfere with, take down, alter or deface any number on any house, building or other structure, or put up or retain any number in an improper manner or substitute any other number on his or her house, building or other structure than the number specified and defined for the house, building or other structure pursuant to the provisions of this chapter.
(h) Penalty. Violations any of the provisions in this chapter shall be subject to the penalties listed in the Codified Ordinances of Perrysville, Section 1123.11.
(Ord. 998. Passed 11-2-20.)
1117.24 INDUSTRIALIZED UNIT HOUSING.
(a) Purpose. The purpose of this action is to:
(1) Protect and provide for the public health, safety and general welfare of the Village while assuring a wide variety of types of housing available to residents.
(2) Protect the character, harmony and stability of neighborhood areas located within the Village.
(3) Protect and conserve the value of properties throughout the Village and minimize conflicts among the uses of land and buildings.
(b) Industrialized Unit Housing. As defined in Section 1101.01, is permitted or conditionally permitted in residential and other Zoning Districts according to the particular requirements pertaining to each Zoning District as stated elsewhere in the Codified Ordinances of Perrysville and as further required herein.
(c) General Regulations.
(1) The building lot and industrialized units must meet all of the zoning requirements of the Village.
(2) All industrialized units shall not otherwise be classified or defined as either a mobile home or double wide mobile home.
(3) All industrialized units shall be permanently attached to a masonry foundation similar in both construction and appearance to a conventional site-built dwelling unit.
(4) All industrialized units shall require no additional skirting or underpinning or a style or type customarily associated with or used on mobile homes.
(5) All industrialized units shall be approved by the State of Ohio under the applicable State Building Code Reference. State Building approval must be demonstrated at the time of application for a zoning certificate. Industrialized unit homes not approved by the State of Ohio will not be permitted.
(6) A zoning certificate must be obtained by the applicant as required elsewhere in this Zoning Code before any construction is started and before any industrialized unit home is moved to the building site.
(7) All industrialized units shall be properly connected to approved Village and other public utilities the same as for any other residential dwelling structure.
(8) All industrialized units shall not be occupied until the home is fully erected on a permanent foundation and otherwise fully assembled and permanently connected to approved utilities, and until such time as all other conditions of occupancy are met.
(9) The industrialized unit home shall not be less than seven hundred fifty square feet (750).
(d) Zoning Permit Required.
(1) A Zoning Certificate shall be required for all industrialized unit housing.
(e) Penalty.
(1) Any violations of the provisions in this chapter shall be subject to the penalties listed in the Codified Ordinances of Perrysville, Section 1123.11.
(Ord. 7-2022. Passed 7-11-22.)
1119.01 PURPOSE AND INTENT.
It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the Village, and to establish reasonable and uniform regulation to prevent the continued concentration of sexually oriented businesses within the Village. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(Ord. 813. Passed 1-5-98.)
1119.02 DEFINITIONS.
In this chapter:
(a) “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images to displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(b) “Adult bookstore” or “adult video store” means a commercial establishment which as one or more of its principal business purposes offers for sale or rental for any form of consideration any one of more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas,” or
(2) Instruments, devices or paraphernalia which are designed specifically for use in connection with “specified sexual activities.”
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity, or
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities,” or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”
(d) “Adult motel” means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, provides patrols with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions, or
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours, or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period that is less than 10 hours.
(e) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(f) “Chief of Police” means the Chief of Police of the Municipality or his designated agent.
(g) “Establishment” means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business, or
(4) The relocation of any sexually oriented business.
(h) “Operates” or “causes to be operated” means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of this business.
(i) “Person” means an individual, proprietorship, corporation, association or other legal entity.
(j) “Residential district” means a single family, duplex, townhouse, multiple family or mobile home zoning district.
(k) “Residential use” means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
(l) “Sexually oriented business” means an adult arcade, adult bookstore or adult motion picture store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(m) “Transfer” or “ownership” or “control” of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 813. Passed 1-5-98.)
1119.03 CLASSIFICATION.
Sexually oriented businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores or adult video stores;
(c) Adult cabarets;
(d) Adult motels;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Escort agencies;
(h) Nude model studios; and
(i) Sexual encounter centers.
(Ord. 813. Passed 1-5-98.)
1119.04 INSPECTION.
(a) An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Housing Department and Building Division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied for business.
(b) A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is occupied or open for business.
(c) The provisions of this section do not apply to areas of an adult motel which are currently rented by a customer for use as a permanent or temporary habitation.
(Ord. 813. Passed 1-5-98.)
1119.05 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential or historic district as defined in this chapter;
(4) A public park; or
(5) The property line of a lot devoted to residential use as defined in this chapter.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business. A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented in any building, structure or portion thereof containing another sexually oriented business.
(c) For the purpose of subsection (a) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(d) For purposes of subsection (b) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(e) Any sexually oriented business lawfully operating on January 5, 1998 that is in violation of subsections (a), (b) or (c) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 813. Passed 1-5-98.)
1119.99 PENALTY.
(a) Except as provided by subsection (b) or (c) hereof, any person violating this chapter is guilty of a minor misdemeanor.
(b) It is a defense to prosecution under Section 1119.04 that person appearing in a state of nudity did not in a modeling class operated in a structured which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
(Ord. 813. Passed 1-5-98.)