Temporary building for uses incidental to construction work shall be permitted for a period not to exceed one year.

(`94 Code, § 1175.01)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   The Planning Commission with the approval of Council shall have the power to impose conditions to safeguard the intent and objectives of this chapter.

(`94 Code, § 1175.02)  (Ord. 26-82, passed 12-28-82)

   (A)   The following minimum lot area and width requirements shall apply where one-family dwellings are not served by centralized sewer and water facilities:

      (1)   One-Family - lot area, 20,000 square feet; lot width, 100 feet.

      (2)   Two-Family - lot area, 30,000 square feet; lot width, 100 feet.

      (3)   Multiple Family - lot area*; lot width*.

   (B)   The following minimum lot area and width requirements shall apply where one-family and two-family dwellings are served by either centralized sewer or water facilities:

      (1)   One-Family - lot area, 15,000 square feet; lot width, 90 feet.

      (2)   Two-family - lot area, 20,000 square feet; lot width, 95 feet.

      (3)   Multiple Family - lot area*; lot width*.

* Subject to site plan review.

(`94 Code, § 1175.03)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   No proposed plat of a new subdivision shall hereafter be approved unless the lots within such plat equal or exceed the minimum lot area and width requirements set forth in the various districts of this chapter.

(`94 Code, § 1175.04)  (Ord. 26-82, passed 12-28-82)

   In the event any of the requirements or regulatory provisions of this chapter are found to be inconsistent one with the other, the more restrictive or greater requirements shall be deemed in each case to be applicable.

(`94 Code, § 1175.05)  (Ord. 26-82, passed 12-28-82)

   Drainage channels that exist within the village are essential for the maintenance of the health and general welfare of the people. Any encroachment upon, filling or the destruction of channels is a violation of this chapter. In order to provide for the development of the property for its best use, such as new subdivisions, the Village Engineer shall decide what facilities are adequate to maintain the primary purpose of the drainage channel.

(`94 Code, § 1175.06)  (Ord. 26-82, passed 12-28-82)

   Corner lots in all districts are required to meet the minimum front yard setbacks, facing both streets, as indicated in that district.

(`94 Code, § 1175.08)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   No space which for the proposed building, or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or open space requirements of or for any other buildings.

(`94 Code, § 1175.09)  (Ord. 26-82, passed 12-28-82)

   Where individual water well or septic tank systems are provided, no building permit or zoning certificate shall be issued without evidence that the Richland or Huron County Health Department has approved the proposed sanitary sewage disposal system for which the building permit or zoning certificate has been requested.

(`94 Code, § 1175.10)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   The regulations and provisions of this chapter shall be subject to the following exceptions (§§ 154.085 through 154.092).

(`94 Code, § 1175.11)  (Ord. 26-82, passed 12-28-82)

   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building and fire or parapet walls, skylights, towers, steeples, state lofts and screens, flagpoles, chimneys, radio and television aerials, smokestacks, wireless masts, water tanks and similar structures may be erected above the maximum height limits established herein. No such structure shall occupy more than 25% of the building or be used for residential purposes.

(`94 Code, § 1175.12)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   Essential services shall be permitted as authorized and regulated by any law of the state and other ordinances of the village, it being the intent of this chapter to exempt such essential services from the application of this chapter.

(`94 Code, § 1175.13)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   Within any B Business District or I Industrial District, sleeping quarters of a watchman or caretaker may be permitted providing such quarters are made a part and are attached as part of the main building or structure.

(`94 Code, § 1175.14)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   Open, enclosed and unenclosed porches or paced terraces may project not more than ten feet within the minimum front yard setback line.

(`94 Code, § 1175.15)  (Ord. 26-82, passed 12-28-82)  Penalty, see § 154.999

   Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which actual construction has been diligently carried on and provided further that such building shall be completed within one year from the date of passage of this chapter.

(`94 Code, § 1175.16)  (Ord. 26-82, passed 12-28-82)

   In any R Residential District where the average depth is at least two existing front yards on lots located within 100 feet of the lot in question and within the same block are less or greater than the minimum front yard setback prescribed for the district in which such lots are located, the Board of Zoning Appeals may modify the required front yard depth of such lot, providing it is not less than the average depth of the two adjoining lots.

(`94 Code, § 1175.17)  (Ord. 26-82, passed 12-28-82)

   For the purposes of this chapter, railroad rights-of-way shall be permitted as authorized and regulated by state and federal laws, it being the intent of this section to exempt railroad rights-of-way from the application of this chapter. Buildings and structures intended to be erected or constructed within the railroad right-of-way shall comply with the use, area and height regulations of the district in which it is located. Spur tracks shall be extended from the existing railroad right-of-way to adjacent industrial districts only when they are totally within industrial districts.

(`94 Code, § 1175.18)  (Ord. 26-82, passed 12-28-82)

   (A)   A limited number of garage sales are specifically and provisionally permitted as accessory uses in all districts regulated by this chapter permitting single- and multiple-family residences. In all such districts, three garage sales at any one residence in any one calendar year shall be considered to be permitted accessory uses under this chapter.

   (B)   GARAGE SALE as used in this subchapter, means any sale of goods that have been acquired for personal, as opposed to business or commercial, use, when such sale is conducted at a residential location and open to the general public. GARAGE SALE  shall include sales commonly referred to as patio sales, driveway sales, yard sales, porch sales and other such sales.

   (C)   One sign of no more than four square feet shall be permitted to be displayed on the property of the residence where a garage sale is being conducted pursuant to this section. Such signs shall be displayed only during the times of the sales. In no case shall the sign be placed on any property other than the property of the residence where the garage sale is being conducted, without permission from the owner of the property.

   (D)   Not more than three garage sales shall be held in any one calendar year at any one residence. Any one garage sale shall be limited to the daylight hours of three consecutive days.

   (E)   All garage sales permitted by this section shall be conducted in compliance with all laws, ordinances, rules, and regulations not in conflict herewith, but no occupational license shall be required for a garage sale specifically and provisionally permitted under this section.

(Ord. 18-99, passed 10-12-99)  Penalty, see § 154.999

   (A)   Fences are permitted within any zoning district and may be required in some district for screening purposes as specified in other subsections of this section. The purpose of these regulations is to control the design and installation of such fences to permit the lot owner to have the privilege of privacy and flexibility in landscape design on his or her own lot, but to ensure consideration to the environment of his or her neighbors, the general appearance of the community, and preserve the health and safety of the individual and the general public. These regulations shall not apply to specific screening devices required in some commercial and industrial districts in this zoning code.

   (B)   Any fence to be erected shall require the issuance of a zoning permit by the Zoning Inspector after the plans have been approved. It shall be the responsibility of the property owner to determine the actual location of all property lines and to prepare the fence plans. The fence installation shall not deviate from the approved plan. The village will make inspections as necessary to see the fence is constructed in accordance with plans submitted with the zoning permit. However, the issuance of such permit shall not be construed to mean that the village has certified the exact location of lot lines or determined that said fence is not encroaching on an adjoining property, nor shall it relieve the permit holder from any such duty to verify actual lot lines. It shall be the responsibility of the property owner to contact the owner of all underground utilities to have such facilities located before any posts are driven or holes excavated.

   (C)   The approval of a zoning permit for a fence does not supersede any applicable protective covenants for any subdivision, industrial parks, business parks, or similar locations having recorded protective covenants. Property owners are encouraged to check their covenants for applicable fence restrictions before seeking a zoning permit.

      (1)   Maximum height:  Four feet.

      (2)   Minimum setback from lot line: Two feet, unless the fence is a common fence agreed to by both adjoining landowners and both parties sign an agreement permitting the location of the fence to be on the lot line and agreeing to mutually maintain the fence on their side.

      (3)   Open ornamental fences shall not be erected in the front yard, beyond the front of the principal building or structure.

      (4)   On a corner lot, no open ornamental fence shall be constructed within ten feet of either street right-of-way line nor shall such fence be constructed closer to the street right-of-way line than the setback on the front side of the house.

      (5)   The good side of the fence is to face the neighboring property.

      (6)   Snow fences and other temporary fences are permitted with no fee. All other fences are $25.

   (E)   Temporary snow fence shall be permitted subject to the following provisions:

      (1)   May be installed between the period of November 1 to April 1 each year.

      (2)   Such fence does not block travel on any public sidewalk, alley, or street.

      (3)   Such fence is at least ten feet from the edge of any public street or alley.

      (4)   A permit must be filed, but in no instance will a fee be required.

      (5)   May be installed on special occasions during any Village Festival for safety reason without a permit.

   (F)   Chain link fences: fences usually made of steel interconnecting loops of wire with regular sized openings.

      (1)   Maximum height:  Six feet.

      (2)   Minimum setback from lot line:  Two feet unless the fence is a common fence agreed to by both adjoining landowners and both parties sign an agreement permitting the location of the fence to be on the lot line and agreeing to mutually maintain the fence on their side.

      (3)   Chain link fences shall not be erected in the front yard beyond the front of the principal building or structure.

      (4)   On a corner lot, chain link fences may not be constructed in front of either the minimum building line established on the plat for that subdivision or the minimum front yard setback for that zoning district from either street frontage, whichever is further from the street.

      (5)   Closed loop on top type of fence material.

   (G)   Privacy fences:  Permitted types of privacy fences are:

      (1)   Basket weave or lattice-type fences consisting of a fence made of interwoven strips or slats of wood or similar flexible material in which the pattern has the appearance of a plaited basket.

      (2)   Louver or shadow box fences consisting of a series of slats placed or positioned to provide air to move through the fence but deflect light perpendicular to its vertical plane.

      (3)   Stockade or palisade fences constructed of a row of boards or stakes placed upright against each other where more than 50% of the plane of the fence is closed to light or air.

      (4)   Maximum height:  Six feet.

      (5)   Minimum setback from lot line:  Two feet unless the fence is a common fence agreed to by both adjoining landowners and both parties sign an agreement permitting the location of the fence to be on the lot line and agreeing to mutually maintain the fence on their side.

      (6)   Privacy fences shall not be erected in the front yard beyond the front of the principal building or structure.

      (7)   On a corner lot, privacy fences may not be constructed in front of either the minimum building line established on the plat for that subdivision or the minimum front yard setback for that zoning district from either street frontage, whichever is further from the street.

      (8)   The good side of the fence is to face the neighboring property.

   (H)   The following types of fences shall be prohibited in any zoning district within the village except for agriculture or livestock purposes.

      (1)   Barbed wire fences consisting of one or more strands of wire having sharp points or barbs along its length.

      (2)   Electrified fences consisting of one or more strands of wire that are charged with either a constant or intermittent flow of electrical current. An exception is granted for invisible fences consisting of low voltage (2.5 watts) wire buried beneath the ground, used to activate a device placed on the collars of dogs or other similar pets to contain them on the premises. Invisible fences shall be restricted to within the property lines and shall not encroach upon the public right-of-way.

   (J)   Fences shall not be placed within a utility easement containing any buried or overhead facilities. Fences across drainage easement or swales will require approval of the Village Administrator to assure for the proper flow of water. No fence shall be constructed within three feet of any manhole, utility ground box or other similar structure.

(Ord. 23-2009, passed 10-13-09)  Penalty, see § 154.999

   No fence, wall, greenbelt, planting strip, or any other obstructions to vision above a height of two feet from the established street grade shall be permitted within the triangular area at the intersection of any street right-of-way lines formed by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet measured from their point of intersection.

(Ord. 23-2009, passed 10-13-09)  Penalty, see § 154.999

   (A)   Intent.  It is the intent of this section to encourage the provision of alternative modest income housing in residential areas by permitting the use of Class A Manufactured Homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted. This section shall apply only to manufactured/mobile homes located outside of mobile home parks and/or communities.

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

      ANCHORING SYSTEM.   An approved system of straps, cables, turnbuckles, chains, ties or other approved materials used to secure a manufactured or mobile home.

      DESIGN, RESIDENTIAL.   A manufactured home which has the same siding materials and pitched, shingled roofs as used on conventional homes.

      DESIGN STANDARD.   A bowed metal roof and aluminum siding, the traditional mobile home look.

      FOUNDATION SIDING/SKIRTING. A type of wainscoting constructed of fire and weather-resistant material such as aluminum, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.

      MANUFACTURED HOME.   A residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act, (42 U.S.C. 5401 et seq.) and defined herein as a manufactured home, and meeting the requirements of a manufactured home as defined in R.C. § 4501.01.

      MOBILE HOME.   Any self-propelled or nonself-propelled vehicle used or so designated, constructed, reconstructed or added to in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons, and to permit its being used as a conveyance upon the public streets and highways, and does not qualify as a manufactured home as defined in R.C. § 3781.06.

      PERMANENT FOUNDATION.   Any structural system for transporting loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

      PERMANENT PERIMETER ENCLOSURE. A foundation which forms a complete enclosure under exterior walls.

      RECREATIONAL VEHICLE (RV).   A vehicular portable structure built on a chassis and not exceeding a gross weight of 4,500 pounds when factory-equipped for the road, or an overall length of 30 feet, and designed to be used as a temporary dwelling, travel, recreational and vacation use.

      SECTION.   A unit of a manufactured home at least ten body feet in width and 30 body feet in length.

      SUPPORT SYSTEM.   A pad or a combination of footings, piers, caps, plates and shims, which when properly installed, support the manufactured/mobile home.

   (C)   Classification of manufactured/mobile homes.

      (1)   Class A.  A manufactured home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, Residential Designed Homes Placed on a Permanent Foundation.

      (2)   Class B.  A manufactured home certified as meeting the Mobile Home Construction and Safety Standards of the Department of Housing and Urban Development, Standard Designed Home Placed on a Temporary or Permanent Foundation.

      (3)   Class C.  A mobile home unit built before the HUD Code (1976).

   (D)   Applicability; permitted placement.  The establishment, location and use of a Class A manufactured home as a permanent residence approved individually, by specific materials, or by design, shall be permitted in Residential R-l or R-2 Districts, subject to the requirements applying to residential uses in the district and provided the dwelling shall meet the exterior appearance standards. A zoning certificate shall be required for all applications for such use. Applications for approval shall be submitted to the Zoning Inspector on such forms as he may require to make his determination.

   (E)   Replacement of nonconforming homes.

      (1)   A manufactured or mobile home deemed a legal nonconforming use may be replaced by a manufactured home, provided the replacement is as follows: A Class C mobile home may be replaced with a Class A or B; a Class B manufactured home could be replaced with a Class A or B; a Class A manufactured home could be replaced with another Class A manufactured home.

      (2)   All additions and improvements shall meet all setback provisions of the zoning district in which the nonconforming home is located.

   (F)   Exterior appearance standards.  Class A manufactured homes shall:

      (1)   Meet all requirements for lot, yard, building and other requirements for the district in which it is located.

      (2)   Be placed on a permanent foundation.

      (3)   Utilize a permanent perimeter enclosure in accordance with the approved installation standards and this section.

      (4)   Be anchored to the ground in accordance with the manufacturer's specifications.

      (5)   Have all wheels, axles and hitch mechanisms removed.

      (6)   Have utilities connected in accordance with the village requirements and manufacturer's specifications.

      (7)   Have siding material which looks like a type used on site-constructed residences.

      (8)   The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.

      (9)   Have a minimum width of the main body as assembled on the site of not less than 22 feet at one point, and a length of at least 22 feet at one point and have a total living area, excluding garages, porches or attachments of at least 700 square feet.

      (10)   The home shall appear to face the public street.

   (G)   Temporary use.

      (1)   When permitted. The Planning Commission may issue a temporary use permit for the following:

         (a)   To an applicant in the process of building a conventional dwelling to locate a manufactured or mobile home on a building lot during the course of construction of the dwelling; such permit shall not be issued until after a zoning certificate has been issued for the dwelling.

         (b)   To an applicant whose own health or the health of another necessitates care, where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured home adjacent to the residence of one who is able to provide such care or in need of such care.

      (2)   Length of permit. A temporary use permit may be issued by the Board for a period not to exceed two years. The temporary permit may be renewed for an additional one year upon showing of good cause. A temporary use permit may be issued to an applicant for a health or age-related circumstance for a period coterminous with the health or age related circumstances.

      (3)   Permit expiration. At the time the temporary permit expires, the manufactured home and all appurtenances shall be removed from the property within 90 days.

      (4)   Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system and utility connections where appropriate.

(Ord. 1-2009, passed 1-13-09)  Penalty, see § 154.999