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Sharonville City Zoning Code

CHAPTER 1113

General Development Standards

1113.01 LOT AND PRINCIPAL BUILDING REGULATIONS.

   (a)   Number of Principal Buildings Per Lot.
      (1)   In the R1-A and R1-B Districts, only one dwelling shall be permitted on any single lot unless approved as a condominium.
      (2)   There can be more than one principal building on an individual lot in the R2-C and R-M Districts as well as on an individual lot in all nonresidential districts.
      (3)   The number of principal buildings per lot in a PUD shall be as approved by City Council.
   (b)   Minimum Lot Area.
      (1)   Measurements.
         A.   The area of a lot includes the total horizontal surface area within the lot's boundaries (lot lines).
         B.   No lot shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this code; and, if already less than the minimum required by this code, said area or dimensions shall not be further reduced. Exceptions to this standard shall only be granted if a reduction is approved as part of a PUD or variance approval.
      (2)   Lot Area Requirements.
         A.   Table 1113-1 establishes the minimum lot area requirements for individual zoning districts.
         B.   There are no minimum lot area requirements for the OB, LB, GB, CBD, SM-D, or PF Districts unless they are residential uses, in which case, the minimum lot area requirement in Table 1113-1 shall apply. In all other instances, such lots shall be of a size large enough to allow for all proposed buildings and required setbacks, off-street parking, loading, and stacking spaces, and all landscaping and screening requirements established in this code.
         C.   Minimum lot areas in a PUD District shall be as established in the PUD approval process.
            (Ord. 2022-22. Passed 5-10-22.)
TABLE 1113-1: MINIMUM LOT AREA REQUIREMENTS
District
Minimum Lot Area (Square Feet)
R1-A
12,000
R1-B
9,600
R2-C
9,600 per each single-family dwelling
8,500 per each dwelling unit in a two-family dwelling
5,445 per each dwelling unit in a rowhouse dwelling
R-M
9,600 per each single-family dwelling
8,500 per each dwelling unit in a two-family dwelling
4,000 per each dwelling unit in a rowhouse or multi-family dwelling
SM-D
4,356 per each dwelling unit in a rowhouse dwelling
2,178 per each dwelling unit in a multi-family dwelling
CS, GI, and ITC
43,560
   (c)   Minimum Lot Width. 
      (1)   Measurements. Unless otherwise stated, the lot width is the distance between the side lot lines measured along the minimum front yard setback line.
      (2)   Lot Width Requirements.
         A.   Table 1113-2 establishes the minimum lot area requirements for all zoning districts.
         B.   There are no minimum lot width requirements for the OB, LB, GB, CBD, SM-D, or PF Districts. In all other instances, such lots shall be of a size large enough to allow for all proposed buildings and required setbacks, off-street parking, loading, and stacking spaces, and all landscaping and screening requirements established in this code.
TABLE 1113-2: MINIMUM LOT WIDTH REQUIREMENTS
District
Minimum Width (Feet)
R1-A
100
R1-B
80
R2-C
80 for lots with a single-family dwelling
100 for lots with a two-family dwelling
150 for lots with a rowhouse dwelling
R-M
80 for lots with a single-family dwelling
100 for lots with a two-family dwelling
200 for lots with a rowhouse dwelling
CS and GI
100
ITC
100 unless the lot is used for a trucking terminal, in which case, the minimum lot width is 350 feet.
   (d)   Minimum Setbacks and Yards.
      (1)   Setbacks and Yards Required for Buildings.
         A.   A yard is the open area created by the required setbacks. Where required, a yard for any structure shall be located on the same lot as the structure and shall not include any yard or open space areas from an adjacent lot.
         B.   While a yard is defined as an open area, certain structures and uses may be permitted in required yards as specified in this code.
         C.   Where the term "required" is used before any yard type, that required yard shall be the area of the yard between the applicable lot line and the required yard setback distance from the applicable lot line, regardless of the presence of a building. See Figure 1113-A.
Figure 1113-A: The above image illustrates the use of the term "required yards" on a typical interior lot versus the location of the full front, side, and rear yards as defined in the next sections of this code.
      (2)   Measurements and Exceptions.
         A.   Setbacks refer to the unobstructed, unoccupied open area between the foundation or base of a structure and the property line (lot line) of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code.
         B.   A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this code (e.g., nonconforming structures or by variances).
         C.   Front Yard Exception for Partially Built-Up Blocks. Where fifty percent (50%) or more of the block face on which a principal building is to be constructed, is occupied by buildings of the type and use permitted in the district before the effective date of this code, with a front yard setback of less than required by this code, the minimum front yard for new buildings shall be no less than the average setback distance of existing buildings located within 100 feet on either side of the applicable lot. However, front yard setback resulting therefrom shall not be less than one-half of the dimensions specified in the schedule in Table 1113-3. See Figure 1113-B.
Figure 1113-B: Illustrative example of the provision for a front yard exception where structures on nearby lots do not meet the minimum front yard setback.
         D.   Projections into Required Yards. Every part of a required yard shall be open to the sky and unobstructed except:
            i.   As otherwise provided in this chapter;
            ii.   For accessory and temporary uses as allowed in Chapter 1111: Accessory and Temporary Uses;
            iii.   For landscaping as allowed in this code;
            iv.   For parking and circulation as allowed in this code;
            v.   For signage as allowed in this code;
            vi.   Walls and fences as permitted in accordance with Section 1113.06;
            vii.   For the ordinary projections that are a part or feature of a building which extends or projects outside of the exterior, enclosing facades. It is intended that certain features may project into required yards, but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots as follows:
               a)   Architectural features such as a belt course, balcony, cornice, gutter or chimney may project into a front and side yard for a distance of two (2) feet;
               b)   Entrance features such as an open platform, landing, steps, terrace, or other feature not extending above the first-floor level of a building may extend six (6) feet into a front yard and three (3) feet into a side yard.
               c)   An unenclosed shelter (e.g., entrance hood or open, but roofed porch), open deck, porch, platform, landing, steps, terrace or other feature that is not fully enclosed and does not extend above the first-floor level of a building may extend:
                  1)   Ten (10) feet into the front yard provided such encroachment does not exceed fifty percent (50%) of the width of the front building facade;
                  2)   Six (6) feet into a front yard along the entire width of the front building facade; and
                  3)   Three (3) feet into a side yard.
               d)   An enclosed entry or porch shall not project into any required yard area. See also Section 1113.01(d)(2)D.
      (3)   Lot Configurations and Rules for Setbacks and Yards.
         A.   Interior Lots.
            i.   Unless otherwise stated, the required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. See Figure 1113-C.
            ii.   The lot line located directly behind the rear of the structure, as determined by the Director of Community Development, shall be the rear lot line and the rear yard setback shall be applied. See Figure 1113-C.
            iii.   All other lot lines shall be considered the side lot line and the side yard setback shall be applied. See Figure 1113-C.
Figure 1113-C: Typical setback and yard locations for an interior lot.
(Ord. 2022-22. Passed 5-10-22.)
         B.    Corner Lots. Lots that have street frontage on two intersecting streets shall be considered a corner lot, subject to the following:
            i.   The lot line that runs parallel with the front facade of the building on the rear of the lot shall be the rear lot line, and the minimum rear yard setback shall be applied from such lot line. See Figure 1113-D.
            ii.   All other lot lines shall be a side lot line, and the minimum side yard setback shall be applied from such lot lines. See Figure 1113-D.
            iii.   In residential districts, the required minimum front yard setback shall be provided from each street right-of-way or, where a right-of-way is not identified, the lot line adjacent to the street. See Figure 1113-D. Where the rear yard of the corner lot abuts the rear yard of the adjacent lot, the front yard along the side street (parallel with the side of the building) may be reduced to twenty (20) feet. See Figure 1113-E.
            iv.   In the OB, LB, GB and SM-D Districts, the front yard requirement on the side street may be reduced to ten (10) feet.
               (Ord. 2025-27. Passed 6-2-25.)
Figure 1113-D: Typical setback and yard locations for a corner lot.
Figure 1113-E: Illustration showing where the secondary front yard setback (identified in the illustration as "Front Yard**") can be reduced to twenty (20) feet when the rear yard of one corner lot is adjacent to the rear yard of another lot.
Figure 1113-F: Typical setback and yard locations for a corner lot where the building is oriented toward the corner of the lot.
         C.   Double Frontage (Through) Lots. Double frontage lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Double frontage lots shall be subject to the following regulations:
            i.   Where a lot is considered a double frontage (through lot) lot, the required minimum front yard setback shall be provided on all lot lines that abut a street. See Figure 1113-G.
          
Figure 1113-G: Typical setback and yard locations for a double frontage (through) lot.
            ii.   The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line. See Figure 1113-G.
            iii.   For the purposes of allowing accessory uses and fences, which are allowed in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard and the setbacks of Section 1113.01(d) shall apply to all accessory uses or structures. Such accessory uses or structures shall not be permitted in the required front yard areas adjacent to each street.
            iv.   Where alleys exist in the City, any lots that have frontage along the alley shall not be considered a double frontage (through) lot and shall either be regulated as an interior lot or corner lot depending on the location of the subject lot within the block.
         D.   Panhandle (Flag) Lots. Panhandle lots (flag) lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Panhandle (flag) lots shall be subject to the following regulations:
            i.   Panhandle (flag) lots shall not be used to avoid the construction of a street.
            ii.   The area of the "panhandle" portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area for the district in which the lot is located.
            iii.   The stacking of panhandle (flag) lots shall be prohibited. See Figure 1113-H.
Figure 1113-H: The above illustration shows the stacking of panhandle lots, which is prohibited.
            iv.   The panhandle shall have a minimum width of ten (10) feet along the entire width of the panhandle. The maximum width shall be forty (40) feet and anything with a width of forty (40) feet or greater shall be consider an interior, corner, or double frontage lot as may be applicable.
            v.   No structures, except for fences and walls allowed by this code, shall be permitted in the panhandle portion of the lot.
            vi.   The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure 1113-I.
Figure 1113-I: Typical setback and yard locations for a panhandle lot.
         E.   Cul-de-Sac or Curved-Street Lot.
            i.   For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line). See Figure 1113-J.
            ii.   On a cul-de-sac roadway, knuckle, or eyebrow, the required street frontage shall be required and measured at the street right-of-way on the curve of the cul-de-sac, knuckle, or eyebrow.
Figure 1113-J: Typical setback and yard locations for a curved street or cul-de-sac.
         F.   Other Lot Configurations. Where there is an instance of a lot configuration not addressed in the previous sections (e.g., interior, corner, panhandle, etc.), or where there is an atypical building orientation on any lot, the Director of Community Development shall have the authority to make a determination regarding where front, rear, and side yard setbacks are required.
      (4)   Minimum Setback Requirements.
         A.   Setbacks required for accessory uses are established in Section 1111.01.
         B.   Table 1113-3 establishes the minimum setback requirements for principal buildings in all zoning districts.
TABLE 1113-3: MINIMUM SETBACK REQUIREMENTS
District
Setback Requirements (Feet)
Front Yard
Side Yard (Each Side)
Rear Yard
Residential Zoning Districts
R1-A
40
15
35
R1-B
30
10
35
R2-C
30
10 for single-family dwellings
35
12 for all other dwellings
35
R-M
30
10 for single-family dwellings
35
12 for all other dwellings that are 2 stories in height or shorter
15 for all other dwellings
Commercial Zoning Districts
OB and LB
50
No side yard setback is required unless adjacent buildings are to be separated, then a 10-foot separation between buildings is required. [1]
10 [1]
GB
50
There shall be a minimum separation of 10-feet between adjacent buildings in the same district [2]
10 [2]
CBD
0 - 5
No side yard setback is required unless adjacent buildings are to be separated, then a 5-foot separation between buildings is required. (or a 0-foot setback when a common wall is proposed.)
10 - 15
SM-D
14 from the back of the street curb [3]
No side yard setback is required unless adjacent buildings are to be separated, then a 10-foot separation between buildings is required. [4]
45 [4]
Industrial Zoning Districts
CS
50
15 from adjacent lots in nonresidential districts and 50 feet from adjacent lots in residential districts
GI
50
15 from adjacent lots in nonresidential districts and 25 feet from adjacent lots in residential districts
ITC
50 [5]
25 from adjacent lots in nonresidential districts and 100 feet from adjacent lots in residential districts
Special Zoning Districts
PF
Equal to the front yard setback of the nearest, adjacent district.
50 for all side and rear yard setbacks.
NLO
See Section 1107.01.
 
NOTES:
[1] When the lot is adjacent to a lot in a residential zoning district, the minimum set back shall be increased to 20 feet from the lot line in the residential district.
[2] When the lot is adjacent to a lot in a residential zoning district, the minimum set back shall be increased to 30 feet from the lot line in the residential district.
[3] In the CBD and SM-D District, there shall be a maximum front yard setback of 25 feet from the back of the street curb.
[4] When the lot is adjacent to a lot in a residential zoning district, the minimum side yard setback shall be increased to 15 feet from the lot line in the residential district. If the rear yard of a lot in the CBD District is adjacent to a lot in a residential district, the rear yard setback shall be increased to 30 feet.
[5] Buildings shall be set back a minimum of 400 feet from any adjacent lot line in a residential district if the building or applicable lot is used for a truck terminal.
   (e)   Maximum Building Height.
      (1)   Measurement. Where specified in feet, building height shall be measured as the vertical distance from the average grade at the base of the structure to the mid-point between the eaves and the peak line for any sloped roof or to the highest point of a flat roof, excluding architectural features (e.g., vents, cupolas, weather vanes, chimneys, etc.), roof embellishments, or chimney extensions. See Figure 1113-K.
 
 
Figure 1113-K: Example of building height measurement for a sloped roof (left) and a flat roof (right).
      (5)   Exceptions to Height Limits. The maximum height limits established in this code shall not apply to:
         A.   Educational facilities, places of worship, hospitals, and other public and institutional uses, may have a maximum height of sixty (60) feet provided that all yard setbacks shall be equal to or more than the height of the building wall adjacent to such lot line.
         B.   Spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, towers, water tanks or other tanks for liquids, radio or television antennae, monuments and other permitted mechanical appurtenances located upon or constructed as an integral part of the principal building for all nonresidential uses provided the height of the feature does not exceed two (2) times the lot width; and
         C.   Governmentally-owned freestanding water tanks, towers, radio or television antennae, and flag poles.
      (6)   Maximum Height Standards.
         A.   Table 1113-4 establishes the maximum building height for principal buildings.
         B.   The maximum height of accessory structures is established in Section 1111.01(c).
TABLE 1113-4: MAXIMUM HEIGHT OF PRINCIPAL BUILDING
District
Maximum Height (Feet)
R1-A
35
R1-B
35
R2-C
35
R-M
40
CBD
60
OB, LB, GB, and SM-D
35
CS, GI, and ITC
50
PF
40
   (f)   Minimum Floor Area for Dwelling Units.
      (1)   Calculation.
         A.   The minimum floor area of a dwelling unit shall include all finished and habitable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building.
         B.   Garages, outdoor patios, porches, or decks, and accessory buildings shall not be included in the minimum floor area of a dwelling.
         C.   Such requirements shall only apply to single-family dwellings, two-family dwellings, rowhouse dwellings, multi-family dwellings, and dwelling units located in mixed-use buildings. These requirements shall not apply to hospitals, nursing homes, or similar types of residential uses that are institutional in nature.
      (2)   Minimum Floor Area Requirements.
         A.   The minimum floor area for single-family dwellings shall be 1,000 square feet.
         B.   The minimum floor area for all other dwelling units shall be 600 square feet.
         C.   There shall be no minimum floor area requirement for dwelling units in the CBD District.
   
   (g)   Maximum Lot Coverage.
      (1)   Measurement. Where used, lot coverage is that portion of a lot, or a specified yard, which when viewed directly from above, would be covered by principal and accessory buildings. Decks, pervious paver blocks, driveways, patios, parking lots, and structures that are not buildings shall not count as impervious surfaces. The Director of Community Development shall have the final determination of what are considered buildings and the total coverage that is considered impervious surfaces.
      (2)   Maximum Lot Coverage Standards.
         Table 1113-5 establishes the maximum lot coverage for all buildings on an individual lot within the applicable district.
TABLE 1113-5: MAXIMUM LOT COVERAGE
District
Maximum Lot Coverage
R1-A, R1-B, R2-C, and R-M
35 percent
OB, LB, and GB
30 percent
CBD
At discretion of Planning Commission
SM-D
75 percent
CS and GI
50 percent
ITC
40 percent
PF
40 percent
(Ord. 2022-22. Passed 5-10-22; Ord. 2025-27. Passed 6-2-25.)
   

1113.02 INTERSECTION VISIBILITY.

   No fence, wall, sign, structure, vehicle, or planting shall be erected, established or maintained on any lot which will obstruct the view of drivers in vehicles approaching an intersection of two (2) roads or the intersection of a road and a driveway or curb cut. Fences, walls, signs, structures, vehicles or plantings located in the triangular area described below shall not be permitted to obstruct cross-visibility between a height of thirty (30) inches and five (5) feet above the lowest point of the intersecting roads. The unobstructed triangular area is described as follows:
   (a)   At intersections of driveways with streets, the sight triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point a distance of ten (10) feet along the driveway to a point and a distance of twenty (20) feet along the street curb to a point and connecting these points.
   (b)   At street intersections, the sight triangle shall be formed by measuring at least thirty-five (35) feet along curb lines and connecting these points. Within the first twenty (20) feet of the street intersection sight triangles, no structure or landscaping material is permitted except required ground cover. Within the portion of sight triangle that is located between twenty (20) feet and thirty-five (35) feet, signs and trees shall be permitted only when the pole or trunk is the only part of a sign or tree that is visible between the ground and five (5) feet above the ground, or otherwise does not present a traffic visibility hazard.
      (Ord. 2022-22. Passed 5-10-22.)

1113.03 OUTDOOR LIGHTING.

   (a)   Purpose.
      (1)   The overall purpose of this section is to control the installation of outdoor lighting fixtures to prevent light pollution in the forms of light trespass and glare, and to preserve, protect, and enhance the character of the City and the lawful nighttime use and enjoyment of property located within the City. Appropriate site lighting, including lights for signs, buildings and streets, shall be arranged so as to provide safety, utility and security, and to control light trespass and glare on adjacent properties and public roadways.
      (2)   In addition to the overall purpose above, outdoor lighting is a central element of the Sharonville NLO District where development is encouraged to have a multi-layered lighting design that reinforces the Sharonville Northern Lights vision throughout the district. The use of lighting in all architectural and landscaping elements in the district provides opportunity to immerse the viewer in the district experience. The ambience of the lighting will encourage interaction of visitors with the surrounding environment.
   (b)   Applicability. The standards of this section shall apply to all development activities, subject to review under this code, with the following exceptions:
      (1)   Lighting related to single-family dwellings are exempt; however, all lighting for these uses, with the exception of low-voltage landscaping lighting, shall be completely shielded from adjacent properties.
      (2)   Decorative outdoor lighting fixtures with bulbs of less than twenty -five (25) watts, installed seasonally, are exempt from the requirements of this section.
      (3)   Fully shielded decorative lighting attached to a building or placed in landscaping and directed onto a building shall be exempt from the requirements of this section, provided direct light emissions are not intended to be visible above the building's roof line. This exception shall not include decorative lighting used to illuminate a sign, which is regulated by Chapter 1123: Signs.
      (4)   Light fixtures used to illuminate flags, statutes, and any other objects mounted on a pole, pedestal, or platform shall be exempt from the requirements of this section, provided these objects are illuminated using a narrow cone beam or light fixtures designed to minimize light spillage beyond the illuminated object.
      (5)   Lighting for certain outdoor recreational uses, because of their unique requirements for nighttime visibility and their limited hours of operation, are exempt from this section. However, such uses, including but not limited to, ball diamonds, playing fields, tennis courts and other similar outdoor recreational uses, shall be required to meet the following standards:
         A.   Cutoff from a lighting source that illuminates an outdoor recreational use may exceed an angle of ninety (90) degrees from the pole, provided that the luminaries are shielded to prevent light and glare to spill over to adjacent residential properties.
         B.   The maximum permitted illumination at the lot lines shall be two footcandles.
         C.   Exterior lighting for an outdoor recreational use shall be extinguished no later than 11:00 p.m.
      (6)   Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
      (7)   Nothing in this chapter shall apply to lighting required by the FAA or any other federal regulatory authority.
   (c)   Applicability and Exterior Lighting Plan.
      (1)   A lighting plan is required for all uses that are required to file for site plan review and shall be approved according to the procedures set forth in Section 1129.07. Such lighting plan shall not be required to include a photometric study unless the proposed use is a multi-family dwelling with ten (10) or more units or a nonresidential use is proposed to be located adjacent to a lot in a residential district or that is occupied by an existing residential use.
      (2)   All existing uses on which outdoor lighting is installed or changed shall conform to these standards, regardless if a lighting plan is required.
      (3)   The lighting plan shall demonstrate compliance with the outdoor lighting standards of this section.
   (d)   General Requirements.
      (1)   All outdoor lighting fixtures regulated according to this section, including but not limited to those used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full-cutoff type fixtures, unless exempted per Section 1113.03(b).
         A.   Any use that has a canopy with lighting fixtures attached to the bottom of the canopy shall utilize recessed ceiling fixtures.
         B.   Signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed incandescent lamp not exceeding forty (40) watts shall not require shielding.
         C.   Non-cutoff luminaires may be used when the maximum initial lumens generated by each luminaire shall not exceed 9500 initial lamp lumens per luminaire.
         D.   All metal halide, mercury vapor, fluorescent, induction, white high-pressure sodium, and color improved high pressure sodium lamps used in non-cutoff luminaires shall be coated with an internal white frosting inside the outer lamp envelope.
         E.   The luminaire shall utilize an internal refractive lens or a wide-body refractive globe for all metal halide luminaires equipped with a medium base socket.
         F.   All non-cutoff open-bottom luminaires shall be equipped with full cutoff luminaire shields that reduce glare and limit uplight.
      (2)   All on-site lighting of buildings, lawns, landscaping, parking areas, and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.
      (3)   Illumination that is required consistently across the site shall be designed so as not to create dark spots that may create safety issues in such areas as vehicular use areas and connecting pedestrian paths.
      (4)   For all nonresidential uses in any residential district, all outdoor lighting fixtures, including parking, display, and aesthetic lighting, shall be turned off after business hours. Only that lighting needed for safety or security may remain lit after close of business, in which case the lighting shall be reduced to the minimum level necessary.
      (5)   The lighting under vehicular canopies shall be designed so as not to create glare off-site, with a maximum point of horizontal illuminance of 24.0 maintained footcandles. Acceptable lighting methods include one or more of the following:
         A.   Recessed luminaire incorporating a lens cover that is either recessed or flush with the bottom surface (ceiling) of the vehicular canopy;
         B.   Luminaire incorporating shields, or shielded by the edge of the vehicular canopy itself, so that light is restrained to five degrees or more below the horizontal plane;
         C.   Surface mounted luminaire incorporating a flat glass that provides a cutoff optic or shielded light distribution;
         D.   Surface mounted luminaire, typically measuring two (2) feet by two (2) feet, with a lens cover that contains at least two percent (2%) white fill diffusion material; or
         E.   Indirect lighting where light is beamed upward and then reflected down from the underside of the vehicular canopy. Such luminaires shall be shielded such that direct illumination is focused exclusively on the underside of the vehicular canopy.
      (6)   There shall be a maximum illumination of 0.5 footcandles at the lot line in all residential districts and for any nonresidential use that abuts a lot in a residential zoning district or lot occupied by an existing residential use.
      (7)   There shall be a maximum illumination level of 0.2 footcandles along any street right-of-way.
      (8)   Beyond the maximum illumination levels above, the outdoor lighting shall produce an average light level along pedestrian walkways of at least 0.6 maintained footcandles.
      (9)   Service connections for all freestanding lighting pole assemblies shall be located underground.
      (10)   Measurement.
         A.   Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
         B.   Measurements shall be taken at the property line, along a horizontal plane at a height of three and one-half (3.5) feet above the ground.
      (11)   Maximum Height of Light Poles. The total height of exterior lighting poles shall not exceed the following height regulations. Height shall be measured from the average grade surrounding each light pole:
 
TABLE 1113-6: MAXIMUM HEIGHT OF LIGHT POLES
District
Maximum height
R1-A, R1-B, R2-C, and R-M
14 feet
OB, LB, CBD, and SM-D
14 feet along any pedestrian sidewalk or walkway and 20 feet in vehicular use areas
GB, CS, GI, and ITC
14 feet along any pedestrian sidewalk or walkway and 30 feet in vehicular use areas
Planned Unit Developments
As determined during the approval process.
(Ord. 2022-22. Passed 5-10-22.)

1113.04 PERFORMANCE STANDARDS.

   Any use established in a nonresidential zoning district shall comply with the performance standards set forth in this section as a precedence to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with or further conflict with the performance standards set forth hereinafter for the district in which such use is located as a precedence to further use. Statements in writing may be required by the Planning Commission from the owner that such uses comply or shall comply. In cases of doubt, the City shall select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for the services shall be paid by the owner.
   (a)   Enclosure. All permitted main and accessory uses and operations except off-street parking and loading of trucks shall be performed wholly within an enclosed building or buildings in any OB, LB, GB, CBD, SM-D, and CS District. All raw materials, finished products, mobile and other equipment shall be stored within enclosed buildings in any CS District.
   (b)   Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.
   (c)   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 shall not be detrimental to or endanger the public health, safety, convenience, comfort, prosperity, or general welfare, or adversely affect property values and shall not exceed the amount permitted by other codes of the State, County or City.
   (d)   Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.
   (e)   Toxic or Noxious Matter. The 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 not be permitted.
   (f)   Noise. The sound pressure level of any operation on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the point of complaint and no sound shall be objectionable due to intermittence, beat frequency or shrillness.
   (g)   Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.
   (h)   Radioactive or Electrical Disturbances. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.
   (i)   Incineration Facilities. Incineration facilities emitting neither smoke nor odor shall be provided and located within the main or accessory building. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings, except in approved containers awaiting pickup.
   (j)   Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream or other 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 shall not exceed the amount permitted by other codes of the State, County or City.
   (k)   Maintenance. All lots shall be maintained in a manner that includes removal of trash and litter, maintenance of paved areas, maintenance of landscaping, and general upkeep of the property.
      (Ord. 2022-22. Passed 5-10-22.)

1113.05 REMOVAL OF SOIL PROTECTION AND DRAINAGE COURSE.

   (a)   Soil, sand or gravel shall not be stripped or removed in a residential district except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building for which a permit has been issued.
   (b)   No building or structure shall be erected within any area described by the City Engineer as a drainage course. For the purpose of this code, a drainage course includes any area such as drainageways, channels, streams and creeks, designated as such on geodetic or City topographic maps, and further includes any area designed or intended for use in drainage purposes as shown on a recorded subdivision.
   (c)   No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet or more than 100 feet when so designated on the zoning map, of the center line of such drainage course, except upon issuance of a certificate by the City Engineer that such filling shall not obstruct the flow of water or otherwise reduce the water carrying capacity of such drainage course, or impair the design and character of such drainage course.
(Ord. 2022-22. Passed 5-10-22.)

1113.06 FENCES AND WALLS.

   (a)   Certificate of Zoning Approval Required.
      (1)   The installation of any fence or wall shall require the approval of a certificate of zoning approval, unless specifically exempted from the permit requirement in this code.
      (2)   Certificates of zoning approval are not required for repairs of existing fences or walls. However, such work or structures are still subject to the applicable standards of this section. The replacement of an existing fence or wall shall not require a certificate of zoning approval if the replacement is for a conforming fence or wall and where the materials and height of the fence or wall are the same as the one being replaced.
      (3)   Replacement of nonconforming fences or walls shall be subject to Section 1113.06(c).
      (4)   A certificate of zoning approval is not required for fence or wall structures that are less than two (2) feet in height.
      (5)   A certificate of zoning approval shall not be required for short sections of fencing or walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed twenty-five (25) feet in length and shall comply with the vision clearance requirements of this code.
      (6)   Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall be subject to the intersection visibility requirements of this code. See Section 1113.02.
   (b)   General Requirements.
      (1)   Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.
      (2)   All fences and walls shall be subject to the intersection visibility requirements of Section 1113.02.
      (3)   All fences and walls, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.
      (4)   A certificate of zoning approval shall be required for each property when a connection of existing fences or walls is proposed on two (2) or more different properties. Such applications shall also include signatures of all property owners to document the agreement of such connection.
      (5)   Fences or walls are permitted along property lines provided only one fence is located on the lot line. Where separate fences or walls are proposed for adjacent properties, such fences and walls shall be separated by two and one-half (2½) feet for maintenance.
      (6)   The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two (2) similarly finished sides, either side may face the adjacent property.
      (7)   Posts, poles, or other mechanisms used to secure the fence to the ground or support the fence shall be located on the inside of the fence (i.e., located on the property of the applicant).
      (8)   All diagonal or supporting members shall face the property on which the fence or wall is constructed.
      (9)   All fences and walls shall be maintained in a neat and orderly manner. This shall include keeping fences and walls clear of vegetation and growth unless such fence or wall is being used for a living fence (e.g., ivy walls), in which case, such fence or wall shall be maintained in a manner as to prevent such vegetative growth from encroaching onto the side of the fence or wall facing a neighboring lot.
      (10)   Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility company. Without such permission, fences are subject to removal without notice by utility companies or the City when work is being done in the utility easements. Fences shall not be placed in any City easement unless the plat specifically permits the placement of such fence. The City of Sharonville is not responsible for the determination of easements on private properties.
      (11)   Replacement of fences removed by the City or utility company shall be at the property owner's expense.
      (12)   Fences and walls shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district. Solid fences shall be designed to have a minimum clearance of four (4) inches above ground to allow for the natural drainage of water under the fence. Walls shall be designed to direct water to drainage channels or other outlets to eliminate the possibility of the accumulation of water behind the wall.
      (13)   Fences and walls for conditional uses shall comply with the standards of this section unless otherwise approved by the Planning Commission as part of the conditional use review procedure.
      (14)   It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the Director of Community Development issuing the certificate of zoning approval, and that the fence does not encroach on another lot or existing easement. The issuance of the certificate of zoning approval and any inspection by the City shall not be construed to mean that the City has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on them herein.
   (c)   Nonconforming Fences and Walls.
      (1)   Where a nonconforming fence or wall is to be maintained or repaired, such nonconforming fence or wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or wall while still in place or a portion of a fence or wall may be removed temporarily for repair or maintenance work provided the same fence or wall is replaced in the same position.
      (2)   If fifty percent (50%) or more of the length of a nonconforming fence or wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new certificate of zoning approval. Such fifty percent (50%) shall be the aggregate over the course of time, following the effective date of this code so that full, conforming replacement shall be required once fifty percent (50%) of the length has been removed, no matter if done as a whole or partially over time.
   (d)   Materials.
      (1)   The following standards shall apply to the materials of all fences and walls:
         A.   Materials shall be weatherproof or weather resistant.
         B.   All sides of a decorative wall shall have a similar finish on both sides.
         C.   Fences made of rope, string, fabric, netting, or similar materials are prohibited unless an approved temporary construction fence (See Section 1113.06(h).).
         D.   Snow fencing and deer fencing are prohibited.
         E.   Non-decorative concrete walls or masonry walls are prohibited.
         F.   Chicken, hog, rabbit, mesh, or woven wire fences are prohibited unless mounted on the interior of another approved form of fencing. See Figure 1113-L.
Figure 1113-L: Example of where wire fencing has been mounted on the interior of an approved three-rail fence.
         G.   Chain link fencing is allowed. Slats or other materials shall not be permitted to be woven into the chain link fencing to create privacy fencing or otherwise obstruct the wires.
         H.   Plywood, particle board, fiberglass, corrugated or galvanized sheet metal panels, and non-traditional fence materials deemed unacceptable by the Director of Community Development shall be prohibited. This may include, but is not limited to, fences or walls made from discarded materials such as shipping crates or pallets, or of tires, stacked tires or automobile parts, or stacked building materials, salvaged doors or garage doors, or similar new or used materials.
         I.   Dangerous fences installed above ground such as electrified wire, barbed wire, unfinished non-durable, sharp edge, cut or broken glass, rusted or other such fences designed to inflict pain or cause injury shall be prohibited with the exception of sharp-edged fencing allowed in Paragraph J, below.
         J.   In the CS, GI, and ITC Districts, fences may be topped with barbed wire. Such barbed wire shall only be located along the top of a fence and shall not extend below the top of the fence more than twelve (12) inches.
   (e)   Measurement.
      (1)   The maximum fence or wall height shall be measured from the grade at the base of the fence or wall to the topmost portion of the fence between posts. The structure posts or finials may exceed the maximum height allowed in this section by up to six (6) inches.
      (2)   Fencing or walls should follow the natural contour of the land on which it is located.
      (3)   A fence may be erected on top of a wall, but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
   (f)   Fences and Walls in Residential Districts. The following standards apply to fences and walls in residential districts.
      (1)   The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
      (2)   Where the side lot line of one residential property is also the rear lot line of another property, that portion of the fence along the side lot line that abuts the adjoining property's rear lot line, and that is installed at such property line, shall be permitted per rear yard regulations of this section.
      (3)   The maximum height of any chain link fence shall be four (4) feet in a side or rear yard.
      (4)   The maximum height of all other fences in a side or rear yard shall be six (6) feet.
   (g)   Fences and Walls in Nonresidential Districts. The following standards apply to fences and walls in nonresidential districts.
      (1)   No fence or wall shall exceed eight (8) feet in height in any rear or side yard. Such fence or wall may be built up to the minimum front yard setback line in the CS, GI, and ITC Districts.
      (2)   Any proposed fence shall be approved as part of the site plan review in accordance with this code.
   (h)   Temporary Construction Fences.
      (1)   Temporary constructing fencing is permitted to enclose active construction for the duration of any construction.
      (2)   Temporary construction fences shall be maintained in good condition and shall not require a certificate of zoning approval.
      (3)   No temporary construction fencing material shall be used for permanent fencing. (Ord. 2022-22. Passed 5-10-22.)

1113.07 DUMPSTERS.

   (a)   All dumpsters shall be located to the rear of the principal building, to the maximum extent feasible, in order to minimize views from the street and neighboring properties.
   (b)   Dumpsters shall be screened in accordance with Section 1119.06.
(Ord. 2022-22. Passed 5-10-22.)

1113.08 RAIN BARREL SYSTEMS.

   The installation and use of a rain barrel system shall be subject to the following development and design standards:
   (a)   For the purposes of this section, a rain barrel system shall include any container that is designed and used to collect rainwater from a collecting structure (e.g., any house, garage, building, or canopy from which rainwater is diverted for collection in the rain barrel).
   (b)   Rain barrel systems are permitted in any zoning district except in the CBD and SM-D Districts.
   (c)   The maximum size of any individual rain barrel container shall not exceed 65 gallons in any residential zoning district or 100 gallons in any nonresidential zoning district.
   (d)   A rain barrel shall not extend more thirty-six (36) inches from the building face of the primary or accessory structure that serves as the collection structure.
   (e)   Rain barrels shall be placed on the ground or on a structure provided the top of a rain barrel shall not exceed six (6) feet in height above the grade underneath the rain barrel.
   (f)   A rain barrel may be located in any yard subject to the following standards:
      (1)   Front Yard Standards. The following standards apply to rain barrels placed in the front yard of a lot:
         A.   No more than two rain barrels shall be placed in any front yard.
         B.   Corner lots maintaining two front yards shall contain no more than two (2) rain barrels total for both front yard areas.
         C.   Any rain barrel proposed to be located in a front yard shall only be permitted if approved as a conditional use where the Planning Commission shall take into consideration adequate controls for placement and screening.
      (2)   Side Yard Standards. The following standards apply to rain barrels placed in the front yard of a lot:
         A.   No more than two (2) rain barrels shall be placed in any side yard.
         B.   Rain barrels located in any side yard shall be screened from view from a public street utilizing solid screening. The solid screening may include screening through by placement behind an architectural feature of the building (e.g., wing wall or building offset) or through the use of an approved opaque fence, wall, hedge, or other form of landscaping. The Director of Community Development shall have the authority to approve the screening.
      (3)   Rear Yard Standards. The following standards apply to rain barrels placed in the rear yard of a lot:
         A.   The number of rain barrels located in a rear yard shall be unlimited.
         B.   Rain barrels located in any rear yard shall be screened from view from a public street utilizing solid screening. The solid screening may include screening through by placement behind an architectural feature of the building (e.g., wing wall or building offset) or through the use of an approved opaque fence, wall, hedge, or other form of landscaping. The Director of Community Development shall have the authority to approve the screening.
            (Ord. 2022-22. Passed 5-10-22.)

1113.09 PARKING; OPEN STORAGE OF SUPPLIES, MATERIAL AND EQUIPMENT; AND ACCUMULATION OF WASTE PROHIBITED.

   (a)    No person, being the owner, occupant or any person having the care of any building or lot of land within the City shall allow a boat, tractor, truck, trailer, recreation vehicle or other equipment and supplies to be parked and/or stored on any residential lot unless they are parked and/or stored in an enclosed structure; however, boats, trailers, and recreational vehicles twenty-four (24) feet or less in length may be parked and/or stored in accordance with Section 1121.05 Parking and Storage of Vehicles in Residential Districts.
   (b)    No person, being the owner, occupant or any person havlng the care of any building or lot of land within the City shall allow for the open storage of materials and equipment such as building and construction materials, or lawn equipment.
   (c)    No person, being the owner, occupant, or any person having the care of any building or lot of land within the City shall cause or allow trash, junk, or any scrap materials such as automobile, trailer or vehicle chassis, parts, tires or sections, household appliances, lumber, scrap iron, old metal, rope, plastic, bottles, pipe, conduit paper/paperboard, Styrofoam, rags, stoves, furniture or other waste materials to remain or accumulate on, in or about such building or lot. (Ord. 2022-76. Passed 1-31-23.)