Silverton City Zoning Code
§ 153.18
SUPPLEMENTAL REGULATIONS.
(A) General. The purpose of supplementary district regulations is to set specific conditions for various uses, classification of uses, or areas where problems are frequently encountered.
(B) Conversion of dwellings to more units. A residence shall not be converted to accommodate an increased number of dwelling units unless:
(1) The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
(2) The lot area per dwelling equals the lot area requirements for new structures in that district.
(3) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
(4) The conversion is otherwise in compliance with this Zoning Code (e.g., property is zoned for two-family or multiple-family use) and all other relevant codes and ordinances.
(C) Private residential swimming pools. No private residential swimming pool, exclusive of portable/blow-up/wading/kiddie pools, shall be allowed in any district, except as an accessory use and unless it complies with all the following conditions and requirements:
(1) The pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(2) The pool may not be located in the front yard or side yard area; nor, closer than five feet to a rear or side lot line.
(3) Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than 48 inches (four feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier. Rails are not permitted in place of a wall or fence. Such fence or other barrier shall be of conventional design and each gate in it shall be provided with a self-closing, self-latching gate with secure lock and shall be kept locked at all times, unless such pool is under the immediate observation and supervision of a responsible person. The latch shall not be lower than 48 inches and located on the inside of the gate, not accessible to a small child. In the case of pools which are partially or completely above-ground, in lieu of a fence or other permissible barrier, the outside structure of the pool wall may constitute part of the conventional barrier but must have a permissible topper-barrier, so that the complete barrier, measured from the adjacent grade or the highest point of access to the pool, is not less than 72 inches or six feet. The steps or ladder can be designed to be secured, locked or removed to prevent access, or the steps or ladder can be surrounded by and completely enclosed by a fence or other permissible barrier with gate as stated above. Temporary, portable, blow-up and/or wading pools are excluded from this option.
(a) Spas, hot tubs, and similar water recreational devices, having a span of nine feet or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spas or hot tubs, in lieu of a fence, whenever not in the immediate supervision of a responsible adult. Spas or hot tubs and similar water recreational devices having a span greater than nine feet at any point, shall be considered a swimming pool and must adhere to the swimming pool guidelines.
(b) No part of any barrier shall be located between the building setback line as established by this Zoning Code and the street on which the lot or parcel abuts.
(4) Required fencing and/or other permitted barriers must be in place within 24 hours after the swimming pool has been constructed or filled.
(5) Prior to the construction or erection of any private residential swimming pool, the applicant shall obtain a zoning permit under § 153.02(G), and all permit fees shall be paid.
(6) Portable, blow-up, wading or kiddie pools shall meet all of the following requirements:
(a) Pools that are only capable of holding 18 inches or one and one-half foot of water or less, at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than 65 square feet in surface area;
(b) 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 1 through September 30 of the same calendar year;
(c) 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;
(d) Portable, blow-up, wading or kiddie pools are not permitted in front yards;
(e) Water recirculating system or involve structural materials shall not be utilized; and
(f) It 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 Zoning Enforcement Officer. No zoning permit required.
(D) Temporary buildings. Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only, may be permitted in any district during the period construction work is in progress; but such temporary facilities shall be immediately removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Planning Commission.
(E) Fence and wall regulations. Fences, walls, plant materials designed in a manner similar to a fence, and similar screening devices shall be subject to the following:
(1) For the purposes of this section, the terms “fence,” shall include walls, plant materials designed in a manner similar to a fence (e.g., hedge), and similar screening devices, and all are subject to the standards of this section.
(2) Fences are prohibited in the front yard. See § 153.08(B)(4) for information on the location of the front yard.
(3) Fences located in any side yard or rear yard of a lot in a R-1 and R-2 District, or a lot used for residential purposes in a PUD shall not exceed six feet in height. Fences located in any side yard or rear yard of a lot in a C-1, C-2, or R-E District, or a lot used for nonresidential purposes in a PUD shall not exceed eight feet in height.
(4) Fences may be placed on top of a retaining wall, but in no case shall the fence portion exceed the height allowed above. The total height of any retaining wall with a fence on top shall not exceed ten feet in height.
(5) 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.
(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 similarly finished sides, either side may face the adjacent property.
(7) All electric and barbed wire fences shall be prohibited.
(8) All fences shall be properly maintained by the owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness in the case of a fence, wall, or other man-made object; and trimming, pruning, cutting, and other landscaping in the case of a hedge or other planting so that there is no aesthetic detriment to the surrounding area.
(9) All fences, regardless of type or height, require an approved fence permit on a form provided by the Zoning Enforcement Officer, and including all applicable fees. Fence permits shall be reviewed in the same manner as a zoning permit.
(10) 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 does not deviate from the plans as approved by the Zoning Enforcement Office issuing the permit, and that the fence does not encroach on another lot or existing easement. The issuance of the permit 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 him or her herein.
(11) Fences shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district. Fences may be permitted to include outlets at the bottom of the fence or wall to eliminate the possibility of the accumulation of water and allow for natural drainage past the wall or fence.
(12) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility and without such permission, 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. Replacement of fences removed by the city or utility company shall be at the property owner’s expense.
(F) Architectural projections. Open structures such as fireplace chases, porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached and shall not project into the required minimum front, side, or rear yards.
(G) Performance standards. It is the purpose of the 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. Materials, uses and products produced shall be adequately housed, shielded or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.
(1) Applicability and compliance. The performance standards are applicable to all land uses in all zoning districts within the city, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building. 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.
(2) Noise. No business or commercial operation or residential use shall create a persistent or recurring noise which is a nuisance. No business or commercial operation or residential use may raise the noise level more than two decibels above the normal background level (measured at any lot line).
(3) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.
(4) Vibrations. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.
(5) 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 public rights-of-way.
(6) Air and water pollutants. The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(7) Hazardous materials. The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulation of any local, state or federal agency having jurisdiction in this matter.
(8) Smoke. The emission of smoke or dust by any land use in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited.
(9) Enforcement.
(a) Notice of violation. In enforcing performance standards on existing uses, the Zoning Enforcement Officer may issue a written notice of violation to an alleged violator. The Zoning Enforcement Officer 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. In other cases, however, technical complexity or extraordinary expense may make it 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 Zoning Enforcement Officer has other reason to believe there is probable violation. The Zoning Enforcement Officer 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 Zoning Enforcement Officer believes there is a violation.
(b) Notice contents. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the Zoning Enforcement Officer and within a time limit he or she shall specify in the notice. 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 violation. 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. 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. If no violation is found, the city shall pay the cost of the determinations.
(H) Mobile storage structures.
(1) A portable on-demand storage structure may be utilized as a temporary structure within the city when in compliance with the standards of this section upon the issuance of a temporary structure permit from the Zoning Enforcement Officer. Any use of such structures within the city not in compliance with this section shall be unlawful.
(2) The term PORTABLE ON-DEMAND STORAGE STRUCTURES (POD) 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 codes and land use requirements.
(3) POD standards.
(a) A POD storage structure may be located as a temporary structure on property within the city for a period not exceeding 30 days in duration from time of delivery to time of removal. A POD structure shall not be located in the front yard of any lot within the city. Such temporary structure shall be located no closer than five feet to any property line.
(b) Permits for such temporary uses and structures may be issued by the Zoning Enforcement Officer after submission of a completed temporary storage structure permit application and payment of the permit application fee. An approved permit is valid for the specified 30-day time frame only. Such POD structure may not be located on a specific property more than four times in any given calendar year period. Applicants seeking to extend the time frame consistent with the provisions in this section must complete a new application and submit a new permit application fee payment for each time period sought.
(c) No more than one POD storage structures may be located on a specific piece of property within the city at one time.
(d) Such structure may not exceed eight feet six inches in height, ten feet in width or 20 feet in length.
(e) All such temporary structures shall comply with the appropriate building code provisions and such other requirements as are imposed by the city or the Chief Building Official to ensure the safety of the public.
(4) It shall be the obligation of the owner of the property on which the POD is located or the user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. 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 law enforcement officers may require the immediate removal of such temporary structure.
(5) Any portable on-demand storage 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 a law enforcement officer 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. 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.
(I) Regulation of farm animals. The raising of farm animals shall not be permitted in any zoning district within the city unless the area consists of 20 acres or more, is classified for current agricultural use valuation (CAUV) regulations through the Hamilton County Auditor, or has been approved as an agricultural district under R.C. § 929.02.
(J) Regulation of chickens. Notwithstanding other provisions in the Code of Ordinances, after obtaining the required permit, chickens may be kept within the city in any residential district subject to the following rules and conditions.
(1) For purposes of this section, chickens are not deemed to be "farm animals" as defined in division (I) of this section so long as said chickens are kept, raised, or used in any manner related to a personal or household use, such as for personal consumption, education, or to maintain such animals as pets. Chickens may not be kept, raised or used for commercial purposes, including but not limited to the sale of chickens or eggs or to convey the same for profit, in which case such chickens are deemed to be "farm animals" as defined in this code.
(2) Restrictions.
(a) Each household in the city may keep up to six chickens on the premises at any one time.
(b) Only female chickens, aka hens, may be kept in the city. Males, aka roosters, are not allowed at any time.
(c) No chickens may be slaughtered on any residential property in the city.
(d) Chicken feed must be kept in a rodent and predator-proof container.
(3) Habitat.
(a) Chickens may only be maintained outdoors in a predator-proof chicken house, coop, or other structure that is thoroughly ventilated, of sufficient size to permit free movement of the animals, designed to be easily accessed, cleaned, and maintained by the owner, and at least two square feet in size for each chicken.
(b) All such structures are herein defined as "habitat" or "habitat structure" and shall be considered as accessory structures as defined elsewhere in this code. A zoning permit is required for this and all other accessory structures. All such structures shall comply with the provisions set forth in § 153.17, including but not limited to a ten-foot setback from adjoining side yard property lines and a five-foot setback from rear property lines in R-1 and R-2 Districts.
(c) In addition to the other conditions and restrictions applicable to accessory structures, at least 50% of any structure housing chickens must be appropriately screened from the street and abutting properties by either a fence, wall, or landscaping as permitted in the city to provide reasonable and appropriate cover to reduce, lessen, or obscure the visual impact of the structure. Such screening shall be evenly spaced around the structure as appropriate.
(d) Chickens shall be enclosed within the habitat structure at night from sunset to sunrise. If chickens are allowed by the owner to be outside of the structure from sunrise to sunset, the chickens must be contained within an area that is fenced or surrounded by other barriers ("containment area") so as to prevent access to the chickens by dogs or other predators, and to prevent chickens from traveling outside of the containment area. Fencing may not exceed six feet in height and must be constructed of fencing liner or mesh and shall not be visible from the street.
(e) All areas in and around the chicken habitat structure must be maintained in a clean, safe, sanitary and orderly manner for the health and welfare of the chickens as well as all other animals and persons. No part of the structure or surrounding area shall constitute a nuisance. In addition to the provisions and remedies set forth in the Property Maintenance Code, no person shall allow the chickens or the habitat to be a nuisance, including but not limited to allowing noxious odors or any noise of a loud or persistent and habitual nature.
(4) Permits.
(a) No person shall keep a chicken on property within the city without a permit issued by the city. There is no fee for the permit. The Zoning Enforcement Officer has the authority to consider all such permit applications as well as revocations of any such permit. Applications for a permit shall be made in writing and submitted to the Zoning Enforcement Officer. A decision on a permit application shall be made by the Zoning Enforcement Officer within 15 business days of receipt, excluding weekends and holidays. If a permit application is denied, or if a permit is revoked, the property owner may appeal the Zoning Enforcement Officer's decision to the Board of Zoning Appeals within 20 days of the date the Zoning Enforcement Officer's written decision is issued. If a permit is revoked, the property owner may continue to maintain chickens on the subject property pending an appeal and decision by the Board of Zoning Appeals unless the revocation is due in whole or part to a nuisance, in which event such nuisance must be remedied as directed by the Zoning Enforcement Officer whether or not the revocation is appealed.
(b) Any person submitting an application for a permit under this section shall consent to an inspection by the city of the property where the chicken(s) will be kept.
(c) If the Zoning Enforcement Officer becomes aware of a possible violation of this section on property subject to a permit under this section, the Zoning Enforcement Officer shall be permitted to inspect the property at any reasonable time after written notice to the occupants of the subject property to determine whether or not a violation exists. If the Zoning Enforcement Officer determines that a violation of the Code of Ordinances exists, the property owner shall be notified to bring the property into compliance within a reasonable amount of time as determined by the Zoning Enforcement Officer. If the property is not brought into compliance within the time to remedy a violation, the permit shall be automatically revoked.
(5) The Zoning Enforcement Officer may designate any employee or agent of the city to perform any of the duties of the Zoning Enforcement Officer, or exercise the authority of the Zoning Enforcement Officer, as prescribed by this section.
(6) Whoever violates this section is in violation of this code and is subject to enforcement and penalties as established in § 153.01(G).
(Ord. 2025-10, passed 5-1-25)