Seven Hills City Zoning Code
CHAPTER 931
Supplemental Regulations
931.01 PURPOSE AND INTENT.
This Chapter establishes supplemental lot and structure requirements, design standards, and use limitations for specific structures and uses. These requirements apply in every zoning district where the specific structure or use is permitted or allowed, unless stated otherwise. If more stringent requirements are applicable in any particular zoning district, such requirements shall prevail.
(Ord. 03-2025. Passed 2-11-25.)
931.02 LOT AND YARD REGULATIONS AND MEASUREMENT STANDARDS.
(a) Lot Definitions and Measurement Standards.
(1) Lot. A "lot" is a parcel of land occupied or intended to be occupied by one principal building and the accessory buildings and uses customarily incident to such principal buildings and including such open spaces as are provided, or as are intended to be used in connection therewith, or as are required by this Zoning Code. This may or may not coincide with a lot of a recorded subdivision.
(2) Lot Depth. The "depth of lot" is the mean distance from the right-of-way line to the rear lot line measured in the mean direction of the sidelines of the lot.
(3) Lot Width. The distance between side lot lines measured at the front yard building line; in case of irregular shaped lots, the lot shall be measured at a point midway between the front and rear lot lines.
(4) Lot Frontage. The horizontal distance between the side lot lines, measured at the front building setback line.
(5) Double Frontage Lot. A lot having a frontage on two non-intersecting streets. This is also considered a "through lot."
(6) Interior Lot. A lot with frontage on only one street.
(7) Corner Lot Yard Standards. A "corner lot" is a lot at the point of intersection of and abutting on two intersecting public or private streets, each more than twenty (20) feet wide, and having two front yards, one side yard and one rear yard.
A. On corner lots, where lots have frontage on more than one public right-of-way, the required front yard shall be provided on both streets and the remaining lot line(s) shall comply with the side yard requirements.
B. The rear lot line on a corner lot shall be the shortest lot line opposite the public right-of-way shall be the rear lot line and the minimum rear yard setback shall be applied.
C. The side lot line on a corner lot shall be the longest lot line opposite the public right-of-way shall be the side lot line and the minimum side yard setback shall be applied.
Corner Lot Yard Areas
Illustration showing the location of required yards on a corner lot.
(8) Flag Lot. A flag lot is a lot whose frontage on a public street is through a narrow strip of land which is generally wide enough to accommodate a driveway but too narrow to accommodate any structures. This narrow strip of land is referred to as the "pole" and the balance of the lot is referred to as the body or "flag." The pole portion of a flag lot shall not be considered in determining minimum lot area.
A. Flag lots are only permitted where because of geometric, topographic, or other natural features, it would be impractical to extend a public street. Flag lots shall have a strip of land (the "pole") extending to a publicly dedicated street for the purpose of access, and shall have two conforming lots adjacent to the flag lot.
B. Front Yard Setback and Property Line. The front property line is the lot boundary that mostly nearly parallels the public or private street providing access to the lot, and which abuts the end of the pole. If the pole is not at a ninety (90) degree angle to the front property line, the front property line shall be calculated as if the front property line continued by drawing an imaginary line to the pole. The required front yard setback is determined in the same manner.
C. Rear Yard Setback and Property Line. The rear property line is boundary opposite the front property line. The required rear yard setback is determined in the same manner.
D. Side Yard Setback and Property Line. The interior side property line is any lot boundary that does not abut a public or private street, and which is not a front or rear property line, exclusive of the pole portion of the lot.
Flag Lot Setback and Yard Areas
Illustration showing how to determine the required setback and yard areas
(9) Residential Flag Lot Standards. Flag lots in a residential zoning district shall meet the following standards:
A. A flag lot shall have a minimum of twenty (20) feet of frontage on a publicly dedicated street.
B. Two (2) or three (3) contiguous flag lots shall provide for a minimum fifteen (15) foot common unobstructed recorded access easement for a shared private driveway to the public street.
C. No more than three (3) contiguous ("stacked") flag lots shall be permitted.
(10) Non-Residential Flag Lot Standards. Flag lots in a non-residential zoning district shall meet the following standards:
A. A flag lot shall have a minimum of thirty (30) feet of frontage on a publicly dedicated street.
B. In the case of two (2) or three (3) contiguous flag lots, there shall be a minimum of sixty (60) feet of frontage for all flag lots combined, on a publicly dedicated street and include a shared private driveway.
C. Two (2) or three (3) contiguous flag lots shall provide for a minimum fifteen (15) foot common unobstructed recorded access easement for a shared private driveway to the public street.
D. No more than three (3) contiguous flag lots shall be permitted.
(b) Yard Definitions and Measurement Standards.
(1) Yard. Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in this Zoning Code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
(2) Front Yard. An open space on the same lot as the building, between the front line of the building and the front lot or street line, and extending across the full width of the lot.
Front Yard Setback Measurement
Illustration showing how to determine minimum front yard setback distance on different lot configurations.
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(3) Side Yard. An open, unoccupied space on the same lot as a building, between the side yard line of the building and the side yard line of the lot, and extending from the front yard line to the rear yard line.
(4) Rear Yard. An open, unoccupied space on the same lot as a building, between the rear line of the building and the rear line of the lot, and extending the full width of the lot.
(5) Required Yard. The minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward, except for projections on buildings as permitted in this Zoning Code and except for walks, landscaping and other yard or site features.
(6) Yard Setbacks. The required minimum horizontal distance between the building line and the related front, side, or rear property line.
Determining Required Yard Areas
Illustration showing how to determine yard areas on different lot configurations.
(Ord. 03-2025. Passed 2-11-25.)
931.03 PORTABLE SWIMMING POOLS.
(a) Portable, Blow-up, Wading or Kiddie Pools. Portable, Blow-up, or Kiddie Pools hereinafter referred to as "portable pools" shall meet all of the following requirements.
(1) Portable pools that are only capable of holding less than twenty-four inches (24") at the deepest point, and are nine feet (9') or less in water surface diameter at the widest point, or less than sixty-five square feet (65 sq. ft.) in surface area.
(2) Portable pools that are not erected, whether containing water or not, on one's property, when not wholly enclosed inside of a building, except for between and including the dates of May 1st through September 30th of the same calendar year.
(3) Portable pools shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard.
(4) Portable pools are not permitted in front yards.
(5) A water recirculating system may be permitted if approved by the Building Commissioner as determined on a case-by-case basis.
(6) Portable pools may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Building Commissioner.
(Ord. 03-2025. Passed 2-11-25.)
931.04 FENCE AND WALL REGULATIONS.
(a) Permit Required. No person shall construct or install any wall, fence, trellis or other such type structure on any lot in any zoning district without first making application and obtaining a permit from the Building Commissioner. The applicant must submit:
(1) A scale drawing showing the location, height and type of fence and distance from structures, easements, and swales.
(2) Such application shall be accompanied by a fee in the amount set forth in Codified Ordinance Section 1125.07.
(b) Residential Fence Regulations.
(1) Minimum Fence Setback.
A. Property Line Setback. A fence shall be setback a minimum of eight (8") from a property line.
(2) In any residential zoning district, no fence fabric, or panel is permitted to exceed six (6) feet above the average grade level of the lots on both sides thereof.
(3) All supporting posts, brackets and any other structural bracing elements must be faced to the interior of the lot being fenced. The finished side of any fence shall face outward toward the adjacent property line or street right-of-way line. Minimum support post burial depth for a fence less than five foot (5'0") high shall be two feet (2'0"). Minimum support post burial depth for a fence five foot (5'0") to six feet (6'0") shall be two feet six inches (2'6"). Fence supporting posts including decorative tops or finals shall not exceed seven (7) feet above the average grade. All fences shall be structurally sound, constructed to withstand wind loading.
(4) Fence and Wall Design Standards.
A. Fences and railings shall be constructed of decorative metal, wood or vinyl material.
B. Walls shall be constructed of brick or stone material.
C. Chain link fencing shall only be permitted if coated with a vinyl or rubber material.
D. Fences and railings shall be a minimum of fifty percent (50%) open.
E. Fence materials, finishes and coatings shall be approved by the Planning Commission.
(5) The installations of fences in areas where easements exist are prohibited unless the property owner obtains written permission from the easement holder. It shall be the responsibility of the applicant to identify easements on documents submitted for approval.
(6) No wall, fence, trellis, or other type structure shall be constructed or maintained between the rear yard building line and the street line on any lot in any zoning District in the City. In a residential zoning district where a side door exists such fence is permitted to proceed forward of the door by a maximum distance of five (5) feet.
(7) Decorative fences, defined as fences which do not exceed four (4) feet in height, do not extend past the side walls of the house or across driveways, and contain at least two (2) posts shall be permitted to a maximum distance of fifteen (15) feet forward of the house.
(8) No hedges, shrubs, trees or other growth shall be planted or maintained between such front yard building line and the street line in such a manner as to obstruct the view of traffic or public walk. No such growth shall exceed twenty-four (24) inches when within fifteen (15) feet of the public walk and right of-way.
(9) Applicant with structures on corner lots shall be permitted to construct a fence provided:
A. Such fence is not within one (1) foot of the Right of Way or public sidewalk.
B. No such fence exceeds forty-eight (48) inches above the average grade.
C. The fence is of an open design, as determined by the Building Commissioner, providing clear sight lines of the right of way and public sidewalk.
D. The fence does not extend forward of the rear of a dwelling without a side door. When a side door exists, not forward of the side door more than five (5) feet.
E. No such fence is within five (5) feet of any driveway.
F. Shrubbery or hedges are maintained to a maximum height of twenty-four (24) inches.
(10) Shrubbery, Hedges and Fences of other designs are permitted where:
A. The minimum distance from the fence and the right of way and public sidewalk is twice the height of the fence.
B. The minimum distance from the fence and any driveway is twice the height of the fence.
(c) Non-Residential Fence and Wall Regulations.
(2) New fences and retaining walls located in a non-residential zoning district shall be reviewed and approved by the Planning Commission. This review and approval shall include all aspects of a proposed fence or wall including, but not limited to: material type, design, location, orientation, and height. Such approval shall not require City Council review.
(3) Replacement or repair of existing approved fences with like kind, size, and location shall not require Planning Commission approval prior to the issuance of a permit. Fences exceeding six (6) feet above grade are permitted where screening or buffering against residential property is desired.
(d) Fence Measurement Standards.
(1) Fence height shall be measured as the vertical distance between the grade of the ground abutting the fence and the top edge of the fence material including any ornamental or decorative extensions of a fence.
(2) When measuring the height of a fence located on sloping topography, the fence height shall be measured from the lowest point within three (3) feet on either side of the fence as depicted in the diagram below.
Fence Height Measurement
Illustration showing the standard for measuring the height of a fence on flat land and sloping land.
(e) Prohibited Fences. The following prohibited fence types shall apply to all zoning districts.
(1) Fences constructed of barbed or razor wire. Exception: Protection of radio, television, or wireless communication facilities, or fence types permitted elsewhere by ordinance.
(2) Fences whose vertical elements are shaped, fashioned, or sharpened to a point less than three-quarters of an inch in diameter.
(3) Any electrically charged fences. Exception: Approved pet containment fences installed below grade.
(4) Wire strand, wire mesh material, including a "poultry fence".
(5) Any fence, which has become deteriorated, decayed, or in disrepair.
(6) Snow fences at other times of the year than October 15th through May 1st. Other fences designed to be temporary in nature and installed in a permanent fashion.
(7) Any stake, stick, pole, stone, rock, or other dangerous or hazardous object to mark, designate, or establish any property or property line other than required survey markings.
(8) Uncoated chain link fence.
(f) Conflicting Fence and Wall Regulations. In the event of conflicting fence or wall regulations found in this Section versus other Chapters of this Code, the regulations set forth in the other Code Chapters shall control.
(Ord. 03-2025. Passed 2-11-25.)
931.05 PROFESSIONAL HOME OFFICE STANDARDS.
(a) Purpose. The purpose of these professional home office standards is to protect the character and quality of life of residential neighborhoods while providing opportunities to engage in small intensity professional office activities in a residential dwelling.
(b) No Permit Required. No permit is required to operate a professional home office. however, all applicable professional home office standards set forth in this Section and any other relevant Section of this Zoning Code shall be satisfied.
(c) Professional Home Office Standards. The following professional home office standards set forth in this Section and any other relevant Section of this Zoning Code shall be satisfied.
(1) The professional home office use shall not create pedestrian or vehicular traffic beyond that normally generated by residential uses in the vicinity.
(2) No signs or any other form of advertising shall be permitted to be installed on the residence or lot.
(3) No supplies or equipment related to the business shall be stored outside the dwelling.
(4) No more than one (1) vehicle related to the professional home office and having a gross vehicle weight of 8,850 pounds, or less, may be used or stored on the premises. Signage or other advertising affixed to a vehicle and being related to the professional home office use shall be stored indoors during the overnight hours of 9:00 p.m. - 7:00 a.m.
(5) The professional home office activity shall not create any external physical effects such as noise, smoke, odors, vibrations, electromagnetic wave interference, line voltage fluctuations, or similar physical impacts.
(6) No more than four hundred square feet (400 sq. ft.) of the premises may be used in connection with the professional home office activity.
(7) A maximum of three (3) professional home office related deliveries per day shall be permitted, provided that a delivery does not interfere with traffic circulation.
(8) A maximum of one (1) employee who lives in the dwelling may be employed as part of the professional home office.
(9) Home occupation uses involving any marijuana related business activities shall not be permitted in any zoning district.
(d) Enforcement Action. In the event the professional home office use is determined to be in violation of the standards set forth in this Section and any other relevant Section of this Zoning Code, the Building Commissioner shall initiate the appropriate enforcement action to seek compliance with Section Chapter 901 of this Zoning Code.
(Ord. 03-2025. Passed 2-11-25.)
931.06 TEMPORARY STORAGE AND GARBAGE STRUCTURE STANDARDS.
(a) Portable temporary storage structures, related temporary storage structures and garbage dumpsters or similar containers for garbage may be utilized as a temporary structure within the City when in compliance with the standards of this Section. Any use of such structures within the City not in compliance with this Subsection shall be unlawful.
(b) Portable Temporary Storage Structure. The term "portable temporary storage structures" or related temporary storage structure shall be defined to be: any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all Building Code and land use requirements.
(c) Dumpster. The term "dumpster" shall be defined as a bulk storage container for waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck for disposal. The term shall also be referenced as a "roll-off container." For the purposes of this Section, dumpsters approved as part of a Development Plan application shall not be subject to these standards.
(d) Standards.
(1) Building Permit Required. A Building Permit for such temporary uses and structures may be issued by the Building Commissioner after submission of a completed Building Permit Application and payment of the permit application fee.
A. An approved permit is valid for the specified thirty (30) day time frame duration from the time of delivery to the time of removal and shall be valid for only one (1) temporary structure.
B. Such temporary storage or dumpster structure may not be located on a specific property more than four (4) times in any calendar year period.
C. Applicants seeking to extend the time frame consistent with the provisions in this Subsection must complete a new application and submit a new permit application fee payment for each time period sought.
(2) No more than one (1) temporary storage structure and no more than one (1) temporary dumpster may be located on a specific piece of property within the City at any time.
(3) Such temporary structure may not exceed eight feet six inches (8' 6") in height, ten (10) feet in width or twenty (20) feet in length.
(4) A temporary storage or temporary dumpster structure may be permitted in the front yard only when placed upon a driveway.
(5) Such temporary structure shall be located no closer than five (5) feet to any property line.
(6) All such temporary structures shall comply with the appropriate Building Code provisions and such other requirements as are imposed by the City or the Building Commissioner to ensure the safety of the public.
(e) Responsibility of the Property Owner or Tenant.
(1) It shall be the obligation of the owner of the property or tenant which the temporary storage or temporary dumpster structure is located to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure.
(2) In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate City official may require the immediate removal of such temporary structure.
(f) Removal by the City.
(1) Any temporary storage or temporary dumpster structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of the appropriate City official for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City.
(2) Such lien shall be superior in priority to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in priority to the lien of ad valorem taxes.
(Ord. 03-2025. Passed 2-11-25.)
(a) Permitted Temporary Construction Support Buildings and Uses. Temporary structures may be permitted in any residential zoning district if such structures are deemed necessary for construction operations in connection with dwellings and accessory buildings in the area, for which operations a building permit has been issued, provided that:
(1) Such temporary structures are limited to construction related offices, yards and buildings for the storage of equipment, lumber and other building materials.
(2) The operations and activities carried on within such structures do not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a residential zoning district that is being developed.
(3) The permitted hours to conduct construction activities shall be from 7:30 a.m. to 9:00 p.m. on weekdays and from 9:00 a.m. to 8:00 p.m. on weekends. The concentration of vehicles servicing the premises in connection with such construction use is not more hazardous than normal traffic in a residential zoning district that is being developed.
(4) All temporary structures are located at least one hundred (100) feet from the nearest occupied residential dwelling.
(5) All structures and yard storage areas are enclosed by a temporary construction fence as approved by the Building Commissioner.
(b) Removal of Temporary Structures. All temporary structures shall be removed within thirty (30) days after the completion of work on the premises for which a building permit has been issued or if construction is not diligently pursued.
(Ord. 03-2025. Passed 2-11-25.)
931.08 PERFORMANCE STANDARDS.
(a) Purpose. It is the purpose of these performance standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside of the lot line of said use.
(b) Applicability and Compliance.
(1) These performance standards are applicable to all land uses in all zoning districts within the City and both initial and continued compliance is required.
(2) As a condition precedent to the further use of property, no use already established shall be altered, added to or otherwise modified, so as to conflict with, or further conflict with, the performance standards set forth in this Section.
(3) Any change in the principal use of land, a structure or a building shall constitute a discontinuance and be fully subject to these standards and provisions.
(4) Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in full conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building.
(5) At any time, a principal or accessory use is changed or any existing use is altered or modified, the Planning Commission may require a written statement of compliance be provided by the property owner declaring that such changed principal use or modification or alteration of an existing use will comply with all applicable performance standards set forth in this Section.
A. Any written statement of compliance may be subject to an independent opinion determination.
B. Such independent opinion determination may be ordered by the City and involve the hiring of an independent study by a professional engineer or other appropriate expert qualified in the particular field in question.
C. The cost for such independent opinion determination services shall be paid by the property owner or applicant.
(c) Performance Standards.
(1) Use, Materials and Equipment Enclosures.
A. All permitted principal uses and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings.
B. All raw materials, finished products and any other equipment shall be stored within fully enclosed buildings.
(2) Fire and Explosive Hazards.
A. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having non-combustible exterior walls.
B. All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting suppression equipment and devices standard to the operation involved.
C. Automatic sprinkling systems may be required.
D. All buildings shall be accessible to fire-fighting equipment and shall comply with the Fire Prevention Codes of the City and the State.
(3) Dust and Smoke. The emission of smoke. soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited beyond the lot are not detrimental to the public health, safety, comfort and welfare or adversely affect property values and so that such emissions do not exceed the amount permitted by other codes of the State, County or City.
(4) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors as to produce a public nuisance or hazard beyond any lot line on which the use occurs.
(5) Toxic or Noxious Matter. No emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall be permitted.
(6) Noise. No business or commercial operation, residential use or any other use shall create a persistent or recurring noise which is a nuisance nor raise the noise level more than two (2) decibels above the normal background level (measured at any lot line). Nor shall any sound be objectionable due to intermittence, beat frequency or shrillness.
(7) Vibration. No vibrations which would be perceptible without the aid of instruments shall be permitted beyond the lot line occupied by the use.
(8) Radioactive or Electrical Disturbances. No radioactive emission or electromagnetic radiation disturbances which adversely affect any equipment at or beyond the boundaries of the zoning lot shall be permitted.
(9) Waste Materials.
A. No garbage, rubbish, waste matter, empty containers or waste processing equipment shall be permitted outside of any building, unless a specific outside storage area is approved by the Planning Commission subject to all applicable dumpster related standards set forth in this Zoning Code.
B. No liquid waste shall be discharged into an open body of water or a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals does not exceed the amount permitted by other codes of the State, County or City. No waste containing material harmful to the sanitary sewage system or the sewage treatment process shall be discharged into the Municipal sewerage system. Damage resulting from accidental spills or emissions of solid, liquid or gaseous waste shall be the responsibility of the offenders.
(10) Glare and Heat. Any operation producing intense light or heat, including high temperature processes such as combustion or welding, shall not be visible or felt beyond any lot line bounding the property wherein the use is conducted. All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or any public right-of-way.
(d) Enforcement Actions. In enforcing Performance Standards on existing uses, the Building Commissioner may issue a written Notice of Violation to an alleged violator.
(1) The Building Commissioner shall, before issuing such notice, make technical determinations of any probable violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.
(2) In certain cases, however, technical complexity or extraordinary expense may make it fiscally unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a Notice of Violation. In such cases, a Notice of Violation may be issued when the Building Commissioner has other reason to believe there is probable violation.
(3) The Building Commissioner shall give Notice of Violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation. The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Building Commissioner believes there is a violation.
(4) Notice of Violation Contents.
A. The notice shall require either an answer or correction of the alleged violation and within a time limit he or she shall specify in the notice.
B. The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a performance standards violation.
C. The Notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations will be made.
D. If a violation is found as a result of such determinations, the cost of the determinations will be assessed against the properties or parties responsible in addition to any other penalties provided for.
(Ord. 03-2025. Passed 2-11-25.)
931.09 MINOR YARD AMENITY STANDARDS.
(a) Minor yard amenities shall be defined as minor permanent or temporary structures or equipment, accessory to a permitted or conditional use, which:
(1) Provide amenities for the persons living or working on such premises.
(2) Involve only the use of minor quantities of materials or minor (in number and size) items of equipment.
(3) Are conducive to the enjoyment of the premises for a permitted use.
(4) Are consistent with the purpose, intent and basic planning objectives of this Zoning Code and with the objectives for the zoning district in which located.
(5) Are consistent with the permitted use of the zoning lot.
(6) Are so located that natural light and ventilation are not materially obstructed from the principal building or any adjoining property.
(b) Examples of minor yard amenity structures or equipment (subject to the requirements of Subsection(a) above), are arbors, trellises and other landscaping features; flagpoles, lawn furniture; lawn statues, playground equipment such as swings or basketball equipment, outdoor storage equipment.
(1) The Building Commissioner shall make the determination whether a structure or piece of equipment qualifies as a "minor yard amenity."
(2) All minor yard amenities proposed for any front yard area shall be approved by the Building Commissioner and may be subject to screening or special setback requirements determined on a case-by-case basis.
(3) A basketball pole and hoop system shall be permitted in the front yard area without approval from the Building Commissioner.
(c) The use of any minor structure or equipment shall be terminated and any such structure or equipment shall be removed or any deficiency therein corrected, and any permit therefore shall be revoked, if the Building Commissioner at any time determines that any use does not conform to the requirements of this Chapter or other substantive requirements of this Zoning Code (Ord. 03-2025. Passed 2-11-25.)
931.10 AMATEUR RADIO TOWER AND ANTENNA STANDARDS.
(a) Permits. A zoning permit shall be required for installation of any structural poles, masts or towers above the roof of any structure to which they may be attached, and for any installation when erected on or supported by the ground.
(1) Applications for a zoning permit shall be accompanied by plans and specifications, three (3) copies showing all dimensions, the size and kind of members, footings and guy wires, if any, the location, setback, depth and type of guy anchors and footings, if any, and the type and weight of the antenna, apparatus or structure to be attached to or supported by the structure.
(b) Location and Height Standards.
(1) No more than one amateur radio tower and/or antenna shall be permitted on each lot.
(2) Ground-mounted amateur radio towers, antennas, and related guy wire anchors must be located in the rear yard.
(3) Building-mounted amateur radio towers and antennas must be located to the rear of the centerline of the principal building.
(4) Such tower or antenna shall not exceed sixty-five (65) feet in height, whether ground mounted or mounted on a building structure. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.
(5) The base of the antenna tower shall be set back from all abutting property (including public streets) by a distance of not less than one hundred percent (100%) of the height of the tower.
(6) Antennas and guy wire anchors shall not overhang or otherwise be located within required accessory structure setbacks or on adjacent lots.
(7) Any guy wire anchor supporting the tower must be located on the same property as the tower. The anchor must be set back a minimum of ten (10) feet from any property line, and shall not be located in the front yard.
(8) When an amateur radio tower and antenna is no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer or property ownership or lease to an individual without an FCC license.
(c) Materials. Antenna support structures must be constructed from one of the following materials: aluminum, galvanized steel or equally weather-resistant steel. All ground-mounted antenna support structures exceeding twenty-five feet in height shall be mounted in concrete.
(d) Towers. Towers of steel, iron or aluminum, whether of the rigid nondemountable type or the rigid remountable type with the crank-up, crankdown and either the hinged base or swivel crank-over features, shall carry no more weight on the top than specified by the manufacturer's specifications.
(Ord. 03-2025. Passed 2-11-25.)