St Paris City Zoning Code
SUPPLEMENTARY DISTRICT
REGULATIONS
§ 154.160 PURPOSE.
§ 154.161 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Nonresidential buildings or uses shall not be located nor conducted closer that 40 feet to any lot line of residential district, except that the minimum yard requirement may be reduced to 50% of the requirement if acceptable landscaping or screening, approved by the Zoning Officer, is provided. Such screening shall be a masonry or solid fence between four and eight feet in height, maintained in good condition, and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than 20 feet in width planted with an evergreen hedge or dense planting of evergreen shrubbery not less than four feet in height at the time of planting. Either type of screening shall not obscure traffic visibility within 20 feet of an intersection.
(Ord. 461A, passed 8-5-1985)
§ 154.162 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in the schedule of district regulations contained in the sections listed in § 154.076, do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(Ord. 461A, passed 8-5-1985)
§ 154.163 ARCHITECTURAL PROJECTIONS.
(A) Open structures such as porches, canopies, balconies, platforms, carports, and covered patios, and similar architectural projects, shall be considered parts of the building to which attached.
(B) The projection shall not project into the required minimum front, side, or rear yard.
(Ord. 461A, passed 8-5-1985)
§ 154.164 VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS.
On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots, and a line joining points along said street lines 50 feet from the point of intersection.
(Ord. 461A, passed 8-5-1985)
§ 154.165 FENCES, WALLS, HEDGES.
Fences, walls, and hedges are permitted in all districts, subject to the following conditions.
(A) Location.
(1) Fences shall be permitted in any yard. Walls shall not be located in the front yard. Furthermore, no wall shall project past the front building line of any principally permitted or conditionally permitted structure.
(2) Hedges may be permitted in the required front yard.
(3) If no structure exists on said residential property, no fence, wall, or hedge may project past the front building line of the average or the adjacent properties, or the minimum front yard setback, whichever is greater.
(4) No fence, wall, or hedge shall be closer than three feet to any right-of-way line.
(B) Height.
(1) Fences, walls, and hedges shall not exceed four feet in the front yard or six feet in height for other yards for residential uses unless such fence, wall, or hedge is used for screening purposes, in which case its height shall not exceed six feet or be less than four feet.
(2) Fences, walls, and hedges shall not exceed eight feet to any right-of-way line.
(C) Materials.
(1) Fences shall not contain an electric charge.
(2) Barbed wire shall be permitted only in the M-1 Manufacturing District, and only on the top of a perimeter fence.
(D) Site distance requirements. No fence, wall, or hedge shall violate the site distance requirements found in § 154.163.
(E) Zoning permit. A zoning permit is required from the village for the erection or installation of all fences and walls.
(F) Line fences. Any fence built on a property line shall be agreed upon, in writing, by both property owners, and shall accompany the zoning permit application.
(G) Posts. Posts are to be placed on the applicant’s side of any fence erected or installed.
(Ord. 580, passed 11-30-1998)
§ 154.166 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot. Accessory buildings, such as a garage, may be located in the rear yard; provided that yard and other requirements of this chapter are met.
(Ord. 461A, passed 8-5-1985)
§ 154.167 PARKING AND STORAGE OF CERTAIN VEHICLES.
Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. However, one boat and one travel trailer may be stored in the rear yard if they have a current license.
(Ord. 461A, passed 8-5-1985)
§ 154.168 EFFECTIVE SCREENING OF JUNK STORAGE AND SALES.
Junk storage and sales shall be effectively screened on all sides by means of walls, fences, or plantings. Walls or fences shall be a minimum of eight feet in height with no advertising thereon. In lieu of such wall or fence, a strip of land not less than 15 feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than six feet in height, may be substituted. Storage of materials shall not exceed the height of the screening.
(Ord. 461A, passed 8-5-1985)
§ 154.169 TEMPORARY BUILDINGS.
(A) 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 removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a special permit authorized by the Board of Zoning Appeals.
(B) Portable utility buildings 120 square feet or less shall not require a zoning permit. All portable buildings over 120 square feet shall require a permit. All portable buildings shall be placed in accordance with setback requirements for that particular zoning district.
(Ord. 821, passed - -; Ord. 461A, passed 8-5-1985)
§ 154.170 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
The open storage and display of material and equipment incident to permitted or conditional uses in commercial and industrial districts shall be permitted; provided the area used for open storage and display shall be effectively screened from all adjoining properties in any residential district by means of walls, fences, or plantings. Walls or fences shall be a minimum of four feet in height without advertising thereon. In lieu of such wall or fence, a strip of land not less than ten feet in width, planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting, may be substituted.
(Ord. 461A, passed 8-5-1985)
§ 154.171 TELECOMMUNICATION TOWERS.
Pursuant to the Telecommunications Act of 1996, and the St. Paris Village Council being duly notified of the person's intent to construct a telecommunications tower in an area zoned RR, R-1, R-2, and R-3 Residential Districts; public utilities or other functionally equivalent providers may site a telecommunications tower as a conditional use provided the following conditions are met.
(A) The applicant must provide proof that the proposal to construct a tower or attach equipment to an existing structure, has been approved by all other agencies and governmental entities with jurisdiction (for example, the Federal Communications Commission, Federal Aviation Administration, State Department of Transportation, and/or State Building Basic Code).
(B) The applicant is required to show cost of construction at this time.
(C) The applicant shall provide proof of notification to contiguous, or directly across the street, property owners as required by the Revised Code.
(D) The applicant must demonstrate at the time of application that no other existing towers are feasible for co-location, and that no technically suitable and feasible sites are available in a nonresidential district. There shall be an explanation of why co-location is not possible and why a tower at this proposed site is technically necessary.
(E) All underground installation shall be trenched and not plowed in. Damage to anything must be repaired, and ground restored to its original condition.
(F) The applicant shall provide a signed statement indicating that the applicant agrees to allow for the potential co-location of other users on the same tower to the extent possible. All co-located and multiple-use telecommunication facilities shall be designed to promote facility and site sharing.
(G) All new towers shall be setback from the closest subdivision boundary line for all platted residential subdivisions, and for all non-platted residential districts from the closest residence, a distance equal to the height of the tower plus 50 feet.
(H) All new towers shall be setback from all road rights-of-way, public and private, a distance equal to the height of the tower plus 50 feet.
(I) All new towers shall be setback from any building that is not associated with, or accessory to, the telecommunications tower facility a distance equal to the height of the tower plus 50 feet.
(J) Any and all base station equipment, accessory structures, buildings, and the like used in conjunction with the tower shall be screened with fencing, masonry, shrubbery, or other screening materials.
(K) The applicant shall notify the Zoning Officer within 30 days of ceasing operations at the site, and shall remove all structures within 120 days of ceasing operations.
(L) Telecommunication towers shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable regulatory authority. If lighting is required, the lighting design that would cause the least disturbance to the surrounding views shall be chosen. All telecommunication facilities shall be unlit except for security lighting, or when authorized personnel are present.
(M) No advertising or illumination, other than that required by law, may be located on the structure or on the required screening.
(N) An inspection report prepared by a qualified engineer licensed by the state shall be submitted to the zoning office every five years, which details the structural integrity of all towers and support structures on the property. The results of such inspections shall be provided to the County Building Regulations Department and the Village Zoning Officer. Based upon results of an inspection, the Village Council may require repair or removal of a communication tower. Any and all necessary repairs to the tower and/or support structures shall be made within a seven-day period or the tower, and/or structures, shall be removed. The tower owner (applicant) is responsible to cover the cost of all inspections, repair, and/or removal.
(O) The unstaffed storage building and/or unit that houses transmitting equipment is considered an accessory use and/or structure. Setbacks for accessory uses/structures will comply with distances in the zoned district of the tower location. These facilities may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios except for emergency purposes.
(P) A six-foot safety fence with a locked gate surrounding the tower is required. If high voltage is necessary, signs must be posted every 20 feet along the accessory building and fence saying “Danger—High Voltage”. The operator must also post “No Trespassing” signs.
(Q) The lot shall be mowed and maintained to control weeds.
(R) For each telecommunication tower, the owner or operator shall provide to the village a surety bond or a bank letter of credit so as to assure the village that the terms and conditions of this section are performed and complied with, including necessary repairs, repairs to public highways and roads, and the costs and expenses of removal in the event of abandonment; the bond shall equal anticipated demolition, and debris removal cost; the village may draw upon the performance bond to recover any costs, damages, or expenses incurred by the village that may arise out of the violations of this section, or the abandonment or discontinuance of the tower.
(Ord. 420, passed 3-4-1981; Ord. 2023-7, passed 11-20-2023) Penalty, see §
154.999
§ 154.172 JUNK.
No trash, debris, litter, rubbish, unused property, discarded materials, junk vehicles, vehicle parts, rags, lumber, building materials, equipment, and/or parts thereof, or any other garbage, refuse, or junk, and weeds or tall grass, measuring over 12 inches, shall be permitted to accumulate on any lot, or portion thereof, which creates an eyesore, hazard, or nuisance to the village or general public. (See also § 154.003.)
(Ord. 420, passed 3-4-1981) Penalty, see § 154.999
§ 154.173 GRASS, WEED CONTROL.
Noxious weeds and grass must be mowed regularly from March 1 to October 31 to prevent weeds/grass from exceeding 12 inches in height or maturing to seed. Owners of properties that do not comply will receive a notice from the village to cut or mow the weeds/grass within five days. If the owner fails to do this, the village will hire a private contractor to do the work at the owner’s expense.
(Ord. 420, passed 3-4-1981) Penalty, see § 154.999
§ 154.174 SCREENING.
A vision impairing fence (minimum of five feet in height), or an alternative row of shrubbery approved by the Zoning Officer, shall be erected around the base of the structure so as to protect the safety, welfare, and rights of all property owners.
(Ord. 461A, passed 8-5-1985) Penalty, see § 154.999
§ 154.175 SMALL WIND PROJECTS LESS THAN 5MW.
These regulations are established to ensure that wind energy facilities and projects will be developed and maintained in a manner that maximizes utilization of wind energy resources while protecting the public health, safety, and welfare of village residents. Wind projects of 5MW or more shall be required to submit an application with the Ohio Power Siting Board (OPSB) at the Public Utilities Commission of Ohio (PUCO) and are required to meet OPSB regulations. Any proposed construction, erection, or siting of a small wind project less that 5MW including the wind turbine generator or anemometer or any parts thereof shall be a conditional use in all zoning districts if the following conditions are met:
(A) The maximum height of any turbine shall be 125 feet for residential use and 150 feet for non-residential use. For purposes of this section, maximum height shall be considered the total height of the turbine system including the tower, and the maximum vertical height of the turbine's blades. Maximum height therefore shall be calculated by measuring the length of a prop at maximum vertical rotation to the base of the tower.
(B) Setbacks. The following shall apply in regards to setbacks.
(1) Any turbine erected on a parcel of land shall be setback to establish a "clear fall zone", from all road right-of-way lines, overhead utility lines, neighboring property lines, and any inhabited structures on the parcel intended for the turbine. Hence, a turbine shall be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located at and would not strike any structures including the primary dwelling, and any inhabited structures.
(C) Quantity. The following shall apply in regards to quantity.
(1) Residential uses are limited to one free-standing wind turbine and two wind turbines per building for mounted wind turbines.
(2) Non-residential uses are limited to two free-standing wind turbines and four wind turbines per building for mounted wind turbines.
(D) Output. The following shall apply in regards to output.
(1) The maximum allowable output for a free-standing wind turbine is 5kW for residential use and 15kW for non-residential use.
(2) The maximum output of a roof-mounted system is 2kW.
(E) Maintenance. Wind turbines must be maintained in good working order. The owner shall within 30 days of permanently ceasing operation of a wind turbine, provide written notice of abandonment to the Zoning Inspector. An unused wind turbine or small wind project may stand no longer than 12 months following abandonment. All costs associated with the demolition of the wind turbine and associated equipment shall be borne by the owner. A wind turbine is considered abandoned when it ceases transmission of electricity for 90 consecutive days. Wind turbines that become inoperable for more than 12 months must be removed by the owner within 30 days of issuance of zoning violation. Removal includes removal of all apparatuses, above ground supports, and or other hardware associated with the existing wind turbine.
(F) Decibel levels.
(1) Residential wind turbines shall not exceed 50dB at lot lines at maximum generation level.
(2) Non-residential turbines shall not exceed 60dB at lot lines abutting other non-residential uses and 50 dB at lot lines abutting residential uses.
(3) Decibel levels shall not exceed those provided by the manufacturer as requested in division (K)(3)(b)5. of this section.
(G) Wiring and electrical apparatuses.
(1) All wires and electrical apparatuses associated with the operation of a wind turbine unit shall be located underground and meet all applicable local, state, and federal codes including the County Building Regulations and Residential Building Code of Ohio.
(H) Signs.
(1) Appropriate warning signs to address voltage shall be posted as required by the National Electric Code.
(2) No other signs are permitted to be attached or placed upon any wind turbine structure.
(I) Building permits.
(1) All small wind projects and parts thereof shall obtain all applicable building permits from the State of Ohio and county building permits where required.
(J) Lighting.
(1) Any lighting other than what is required by the FAA is prohibited.
(K) Permits.
(1) A zoning permit shall be required before construction can commence on an individual wind turbine project.
(2) As part of the permit process, the applicant shall inquire with the County and City Building Regulations as to whether or not additional height restrictions are applicable due to the unit's location in relation to any local airports.
(3) Applicant shall then provide Village Zoning Inspector with the following items and or information when applying for a permit:
(a) Location of all public and private airports in relation to the location of the wind turbine.
(b) A report that shows:
1. The total size and height of the unit;
2. If applicable, the total size and depth of the unit’s foundation structure, as well as soil and bedrock data;
3. A list and or depiction of all safety measures that will be on the unit including anti-climb devices, grounding devices, and lightning protection, braking systems, guy wiring and anchors;
4. Data specifying the kilowatt size and generating capacity in kilowatts of the particular unit;
5. The maximum decibel level of the particular unit. This information shall be obtained from the manufacturer of the turbine unit.
(c) A site drawing showing the location of the unit in relation to existing structures on the property, roads and other public right-of-ways, overhead utility lines, and neighboring property lines. In addition, the site drawing should include evidence of established setbacks that meet the "clear fall zone".
(d) A maintenance schedule as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the permit.
(Ord. 420, passed 6-21-2021)
§ 154.176 SOLAR ENERGY SYSTEMS (LESS THAN 50MW).
(A) Accessory solar energy systems.
(1) It is the purpose of this regulation to promote the safe, effective, and efficient use of accessory solar energy systems installed to reduce the on-site consumption of utility-supplied electricity. An accessory solar energy system shall be considered a permitted accessory use in any district provided all requirements and regulations as set forth below are met.
(2) No person shall cause, allow or maintain the use of an accessory solar energy system without first having obtained a zoning permit from the Zoning Inspector.
(3) All accessory solar energy systems shall meet the following requirements:
(a) A solar energy system is permitted in all zoning districts as an accessory to a principal use.
(b) A solar energy system shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
(c) Roof/structure mounted solar energy systems:
1. Shall be flush-mounted, or as long as it matches the slope of the roof, shall have a maximum tilt of no more than 5% steeper than the roof pitch on which it is mounted.
2. Shall not extend beyond the perimeter (or edge of roof) of the building on which it is located.
3. May be mounted to a principal or accessory building.
4. Combined height of the solar energy system and building to which it is mounted may not exceed the ridgeline of the roof for hip, gable, and gambrel roofs and may not be taller than 18 inches above the roofline of a flat roof.
(d) Ground/pole mounted solar energy systems:
1. Shall be no taller than 75% of the maximum building height allowed in that zoning district for accessory buildings.
2. Shall be permitted in the rear or side yard only.
3. Shall be erected within an established clear fall zone.
4. The minimum setback distance from the property lines for structures comprising solar energy systems and all related equipment shall be at least 110% of the height of any structure or at least 20 feet from the nearest property line, whichever is greater.
(e) Solar energy systems shall be designated and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street right-of- ways.
(f) Solar energy systems and all solar energy equipment that are no longer functioning shall be completely removed from the property within six months from the date they are no longer producing electricity, become damaged, discontinued or broken. Any earth disturbance as a result of the removal of the ground mounted solar energy system shall be graded and reseeded within 30 days of removal.
(g) In addition to the site plan required for any zoning permit or conditional use permit, the following shall also be submitted at the time of application and shall include:
1. Elevation of the proposed solar energy system(s) at maximum tilt.
2. Evidence of established setbacks of 1.1 times the height of any structure and "clear fall zone".
3. Proof of notice to the electric company regarding the proposal.
4. Letter from the County Health Department/District or appropriate sanitary sewer operating authority stating location will not interfere with the septic or sewer system, whichever is applicable, on the property.
(B) Principal solar energy production facilities.
(1) No principal solar energy production facility shall be located in a zoning district where such facilities are not explicitly listed as a permitted or conditionally permitted use.
(2) It is not the purpose of this regulation to regulate a major utility facility, or subsidiary use, as defined by the Ohio Power Siting Board (50MW or greater). It is also not the purpose of this regulation to regulate public utilities that meet the definitions as stated in R.C. § 4905.02 or 4905.03 and the three criteria of R.C. § 4905.65(B).
(3) Principal solar energy production facilities are prohibited in any district.
(Ord. 420, passed 6-21-2021)
§ 154.177 OUTDOOR FURNACES, BOILERS, AND STOVES.
(A) This section is intended to promote the public health, welfare, and safety by regulating the installation and operation of outdoor furnaces.
(B) Outdoor furnaces which are designed or used to heat structures or produce hot water are permitted in any district, provided that the installation and use of such furnaces complies with the following regulations and restrictions:
(1) Minimum lot size. Outdoor furnaces may be installed and used only on lots that are two acres or larger in size, not including any public or private road right-of-way.
(2) Setbacks. The following shall apply in regards to setbacks.
(a) All permitted outdoor furnaces shall be located within the rear and/or side yards of a lot.
(b) All outdoor furnaces shall meet the minimum rear and side yard setback requirements for accessory structures found in the Zoning Ordinance of St. Paris concerning the affected property, and shall be located a minimum of ten feet from all existing structures.
(c) The area around an outdoor furnace shall be cleared of vegetation and/or other combustible materials according to the manufacturer's specifications and recommendations, or within ten feet of the furnace, whichever distance is greater.
(3) Chimney. The following shall apply in regards to chimneys.
(a) All chimneys/smoke stacks shall not be less than ten feet in height measured from the ground directly below the chimney/smoke stack and shall include a spark arrester.
(b) If located within 50 feet of a neighboring dwelling(s), the chimney must be no less than two feet higher than the peak of the roof of the neighboring dwelling(s).
(4) Fuel. The following shall apply in regards to fuel.
(a) Permitted fuels. Untreated wood, wood pellets, corn products, biomass pellets, or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas, or propane.
(b) Prohibited fuels. Wood that has been painted, varnished, or similarly coated and/or pressure treated with preservatives, contains resins or glue, or made of composite materials; refuse, rubbish, or garbage, including but not limited to food wastes, food packaging, or food wraps; any plastic materials such as nylon, PVS, ABS, polystyrene or urethane foam, synthetic fabrics, plastic films, and plastic containers; rubber, including tires; animal carcases and waste; waste oil; asphalt and asphalt products; any items specifically prohibited by the manufacturer's instructions.
(5) Maintenance and compliance. All outdoor furnaces shall be kept in sound condition and shall continue to comply with all state, federal, and local laws, codes, ordinances and regulations applicable to such furnaces. No outdoor furnace shall be installed or used prior to the issuance of any other required permit under an applicable mechanical, building or other code.
(Ord. 420, passed 6-21-2021)