Swanton City Zoning Code
ARTICLE 150
21 RESIDENTIAL DISTRICT REGULATIONS
§ 150.211 INTENT.
Residential districts and their regulations are established herein in order to achieve, among others, the following purposes:
(A) To regulate the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each lot appropriate for the district;
(B) To regulate the density and distribution of population to avoid congestion and to maintain adequate services;
(C) To provide protection from noxious fumes, odors, dust excessive noises, invasion of abnormal vehicular traffic and other objectionable influences; and
(D) To protect the desirable characteristics of existing residential development; the promotion of stability and the most desirable and beneficial use of the land.
(Ord. 2023-03, passed 2-27-2023)
§ 150.212 USE REGULATIONS.
(A) Use Schedule Summary. Schedule 150.212(D) below sets forth the uses allowed in residential districts. The abbreviations used in the Schedule indicate the following:
(1) Uses Permitted By Right. A “P” in a cell indicates that the use is allowed by-right as a principal use in the respective district.
(2) Conditional Uses. A “C” in a cell indicates that the use is regulated as a conditional use. The use is permitted in the respective district only after an applicant receives Conditional Use approval pursuant to Article 150.67.
(3) Accessory Uses. An “A” in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Schedule 150.212(D).
(4) Conditional Accessory Uses. A “CA” in a cell indicates that the use is permitted only as an accessory use and only after an applicant receives Conditional Use approval pursuant to Article 150.67.
(5) Uses Not Permitted. The letters “NP” in a District column indicate that the use is not allowed in that zoning district.
(6) Use-Specific Standard Cross-Reference. An “*” in a cell indicates that a Use-Specific Standard cross-referenced in the right-hand column of the Schedule applies to the use in that zoning district.
(B) Compliance with Standards. Although a use may be indicated as a permitted use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question, including but not limited to any supplemental use-specific standards cross-referenced in Schedule 150.212(D).
(C) Organization of Use Table. In the Use Table, land uses are classified into general use categories and specific uses based on common physical or functional characteristics, such as type of dwelling unit, amount of activity generated by the use, and site conditions. Whenever a standard or reference is made to a general use category throughout this code, it shall include the specific uses in that category.
(D) Schedule 150.212(D) Permitted Uses. Schedule 150.212(D) sets forth the uses allowed in the Residential Districts.
CA = conditional accessory use; NP = not permitted; *= subject to use-specific standards as cross-referenced | |||||||
R-E | R-1 | R-2 | R-3 | R-4 | R-5 | *Use-Specific Standards | |
Residential/Lodging | |||||||
Dwelling, multi-family | NP | NP | NP | NP | P | P | -- |
Dwelling, one-family (attached) | NP | NP | NP | NP | P | P | -- |
Dwelling, one-family (detached) | P | P | P | P | NP | NP | -- |
Dwelling, two-family | NP | NP | NP | C* | NP | NP | |
Manufactured home, permanently sited | P* | P* | P* | P* | NP | NP | § 150.217 |
Bed & breakfast inn | NP | NP | NP | C* | NP | NP | |
Congregate care facility/nursing home | NP | NP | NP | C* | C* | C* | |
Family day care, Type “B” | P* | P* | P* | P* | P* | P* | § 150.219 |
Group home, large (max 16 residents) | NP | NP | NP | NP | C* | C* | |
Group home, small (max 8 residents) | P* | P* | P* | P* | P* | P* | |
Short-term rental | C* | C* | C* | C* | NP | NP | |
Civic Uses | |||||||
Cemetery | C* | C* | C* | NP | NP | NP | |
Community facility, building, recreation amenity privately operated by HOA | C* | C* | C* | C* | C* | C* | |
Country club (public, private/semi- private), including golf course | C* | C* | NP | NP | NP | NP | |
Day care center, adult or child (accessory to a principal use such as place of worship) | CA* | CA* | CA* | CA* | NP | NP | |
Government office building | C* | C* | C* | C* | P* | P* | |
SCHEDULE 150.212(D) PERMITTED USES IN RESIDENTIAL DISTRICTS
|
SCHEDULE 150.212(D) PERMITTED USES IN RESIDENTIAL DISTRICTS
| |||||||
CA = conditional accessory use; NP = not permitted; *= subject to use-specific standards as cross-referenced | |||||||
R-E | R-1 | R-2 | R-3 | R-4 | R-5 | *Use-Specific Standards | |
Place of worship | C* | C* | C* | C* | NP | NP | |
Public library | C* | C* | C* | NP | NP | NP | |
Public parks and playgrounds | P | P | P | P | P | P | -- |
Public sports fields and active recreation facilities | C* | C* | C* | C* | NP | NP | |
School, elementary/secondary (public or private) | C* | C* | C* | C* | NP | NP | |
Utilities, Communication and Other Uses | |||||||
Agriculture (crops) | C* | NP | NP | NP | NP | NP | |
Electric vehicle charging station | A* | A* | A* | A* | A* | A* | |
Essential services | P* | P* | P* | P* | P* | P* | |
Plant nursery or greenhouse, commercial | C* | NP | NP | NP | NP | NP | |
Solar collector system, ground-mounted | CA* | CA* | CA* | NP | NP | NP | |
Solar collector system, roof-mounted | A* | A* | A* | A* | A* | A* | |
Utility substation and transmission facility | P* | P* | P* | P* | P* | P* | |
Small wind energy system | C* | C* | C* | C* | C* | C* | |
Wireless telecommunication facility | CA* | CA* | CA* | CA* | CA* | CA* | |
Accessory Uses/Structures | |||||||
Accessory living suite | CA* | CA* | CA* | CA* | NP | NP | |
Carport | A | A | A | A | A | A | -- |
Detached private garage and parking area | A | A | A | A | A | A | -- |
SCHEDULE 150.212(D) PERMITTED USES IN RESIDENTIAL DISTRICTS
|
SCHEDULE 150.212(D) PERMITTED USES IN RESIDENTIAL DISTRICTS
| |||||||
CA = conditional accessory use; NP = not permitted; *= subject to use-specific standards as cross-referenced | |||||||
R-E | R-1 | R-2 | R-3 | R-4 | R-5 | *Use-Specific Standards | |
Detached storage/utility building | A | A | A | A | A | A | -- |
Detached storage/utility building, oversized | CA* | CA* | CA* | NP | NP | NP | -- |
Fences, walls | A | A | A | A | A | A | -- |
Greenhouse, noncommercial | A | A | A | NP | NP | NP | -- |
Home occupation | A* | A* | A* | A* | A* | A* | § 150.220 |
Private garden, associated garden structures, gazebo, and recreational uses | A | A | A | A | A | A | -- |
Private swimming pool | A* | A* | A* | A* | A* | A* | § 150.222 |
Signs | A | A | A | A | A | A | |
Noncommercial antenna | A | A | A | A | A | A | |
Similar Use | P | P | P | P | P | P | § 150.635 |
(Ord. 2023-03, passed 2-27-2023)
§ 150.213 GENERAL PROVISIONS FOR DEVELOPMENT STANDARDS.
(A) Minimum Lot Area. The area of a lot or development site shall not be less than the area set forth in Schedules 150.214 and 150.215 or as modified in subsequent sections.
(B) Minimum Lot Width.
(1) The width of a lot shall be not less than the width set forth in Schedules 150.214 and 150.215, or as modified in subsequent sections.
(2) Each lot shall abut upon a dedicated street for the required lot width, except for one-family lots fronting on a cul-de-sac or curved street, which shall comply with the lot frontage requirement as set forth in Schedule 150.214.
(3) The width of a corner lot shall be sufficient to comply with the side yard requirements. An alley shall not be considered a street for the purposes of determining a corner lot.
(C) One Principal Building per Lot. There shall not be more than one principal building constructed on a residential lot in an R-E, R-1, R-2, and R-3 District.
(D) Minimum Front Setback.
(1) The minimum required front setback on a lot shall not be less than the depth set forth in Schedules 150.214 and 150.215 or as modified in subsequent sections.
(2) Where 50% or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this zoning code, or any amendments thereto, the minimum required front setback for new principal buildings shall be the average setback of existing buildings located within 100 feet on either side of a given lot; provided, however, the depth of the front yard resulting there from shall be not less than one-half of the minimum dimension, specified in Schedules 150.214 and 150.215.
(E) Minimum Side Setbacks.
(1) A side setback shall be provided for each side lot line on a one-family dwelling lot. The width of each minimum required side setback shall not be less than the dimension specified in Schedule 150.214.
(2) Where an existing side setback does not comply with the required side setback for the district in which the lot is located and which was owned separately from all other tracts of land on the effective date of this zoning code or any amendment thereto, and is still so owned, the principal building may be maintained or altered but shall not be enlarged unless the total width of the side setback complies with the regulations of this zoning code.
(F) Minimum Side Setback on Corner Lots. Where new construction or an addition to an existing building is proposed for a corner lot, such building or building addition shall maintain a corner side setback that complies with the following:
(1) When the rear lot line of a corner lot coincides with the side lot line of an interior lot, the corner side setback shall comply with the minimum front setback requirements.
(2) When the rear lot line of a corner lot coincides with the rear lot line of another corner lot, or is separated from such lot by an alley, the corner side setback shall comply with the minimum side setback set forth in Schedules 150.214 and 150.215 for the district in which it is located.
(G) Minimum Rear Setback. The rear setback of a lot for a one-family dwelling shall not be less than the depth set forth in Schedule 150.214 for the district in which it is located, or not less than 25% of the depth of the lot, whichever is the lesser.
(H) Minimum Setback from Project Boundary. In the R-4 and R-5 Districts, the setback of a dwelling from any project boundary shall be not less than the distance set forth in Schedule 150.215. The project boundary shall include all lot lines that divide the development site from adjacent lots not included in the development and shall be the boundaries of the minimum area set forth in Schedule 150.215.
(I) Projections into Setbacks. A projection is that part or feature of a building that extends beyond the enclosing walls of the dwelling. Certain building features may project into the minimum required setback as noted below:
(1) Architectural features. A belt course, balcony, cornice, gutter, chimney or similar architectural feature may project into the minimum front, side or rear setback for a maximum distance of two (2) feet.
(2) Entrance features and unenclosed shelters. An entrance hood, or an open platform, landing, steps, terrace or other feature not extending above the first floor level of the principal building, or an open but roofed porch, patio or deck, shall not extend more than six (6) feet into the minimum front setback and three (3) feet into the minimum side setback. Unenclosed shelters are roofed but unenclosed projections from the main wall of a building, which may or may not use columns or other ground supports for structural purposes, and which do not meet the definition of enclosed shelter in § 150.213(I)(3) below.
(3) Enclosed porches and other shelters. An enclosed entry, porch, patio or other shelter that is covered by a roof attached to the dwelling, and enclosed on two or more sides with walls, siding, windows or other material including, but not limited to, screening shall be considered an integral part of the principal building and shall meet the setback requirements for principal buildings in the applicable zoning district.
(Ord. 2023-03, passed 2-27-2023)
§ 150.214 DEVELOPMENT STANDARDS FOR DETACHED ONE-FAMILY DWELLINGS.
Detached one-family dwellings in the R-E, R-1, R-2, and R-3 Districts shall be erected, altered, moved, and maintained only in accordance with the development standards set forth in Schedule 150.214.
R-E Residential Estate | R-1 One-Family | R-2 One-Family | R-3 One Family | |
R-E Residential Estate | R-1 One-Family | R-2 One-Family | R-3 One Family | |
(A) Minimum lot area | 15,000 sq. ft | 9,600 sq. ft. | 8,400 sq. ft. | 6,000 sq. ft. |
(B) Minimum lot width at minimum front setback line(1) | 90 feet | 80 feet | 70 feet | 50 feet |
(C) Minimum lot frontage on curved street and cul-de-sac | 50 feet | 45 feet | 40 feet | 40 feet |
(D) Minimum front setback (from public street right-of-way)(2) | 40 feet | 40 feet | 25 feet | 25 feet |
(E) Minimum side setback(3) | 12 feet | 10 feet | 7 feet | 5 feet |
(F) Minimum corner side setback | (4) | (4) | (4) | (4) |
(G) Minimum rear setback(5) | 40 feet | 30 feet | 25 feet | 25 feet |
(H) Maximum number of stories(6) | 2.5 stories | 2 stories | 2 stories | 2 stories |
(I) Maximum height of principal building | 35 feet | 35 feet | 35 feet | 35 feet |
Notes to Schedule 150.214: (6) But in no case shall the height of the dwelling exceed the maximum height set forth in Schedule 150.214(I) | ||||
(Ord. 2023-03, passed 2-27-2023)
§ 150.215 DEVELOPMENT STANDARDS FOR DWELLINGS IN R-4 AND R-5 DISTRICTS.
(A) Dwellings shall be erected, altered, moved or maintained in the R-4 and R-5 Districts only in accordance with the development standards set forth in Schedule 150.215(A).
R-4 Multi-family (Low Density) | R-5 Multi-family (High Density) | |
R-4 Multi-family (Low Density) | R-5 Multi-family (High Density) | |
(1) Minimum development area | 2 acres | 3 acres |
(2) Minimum lot width at minimum front building setback line 200 feet | 200 feet | 300 feet |
(3) Maximum density (du/ac - dwelling units per acre) | ||
(a) One-family attached dwellings | 8 du/ac | 12 du/ac |
(b) Multi-family dwellings | 12 du/ac | 20 du/ac |
(4) Maximum lot coverage(a) | 65% | 65% |
(5) Minimum front building and parking setback (from public street right-of-way) | 40 feet | 40 feet |
(6) Minimum building setback from project boundary abutting an R-4, R-5 or nonresidential district | 20 feet | 20 feet |
(7) Minimum building setback from project boundary abutting an R-E, R-1, R-2 or R-3 District | 30 feet | 40 feet |
(8) Minimum parking setback from project boundary abutting an R-4, R-5 or nonresidential district | 10 feet | 10 feet |
(9) Minimum parking setback from project boundary abutting an R-E, R-1, R-2 or R-3 District | 20 feet | 20 feet |
(10) Minimum building separation | 15 feet | 15 feet |
(11) Maximum height of principal building | 38 feet | 50 feet |
Notes to Schedule 150.215(A): (a) Defined as the maximum coverage by impervious surface (e.g. building, parking, sidewalks) | ||
(B) Maximum Dwelling Units.
(1) Maximum Density. The residential density of a multi-family development shall not exceed the number of dwelling units per acre set forth in Schedule 150.215(A) for the district in which the development is located.
(2) Calculating Units. The total number of dwelling units permitted shall be calculated by multiplying the total land area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.
(3) Maximum Number of Attached One-Family Units. A building comprised of attached one-family units shall have not more than six such units attached.
(C) Maximum Coverage. The maximum coverage of the development site, including all areas covered by buildings, vehicular drives, and parking areas shall not exceed the percentage of the total area of the development project set forth in Schedule 150.215(A).
(D) Multi-family District Location Guidelines. The purpose of these Multi-family District Location Guidelines is to provide evaluation criteria for reviewing applications requesting rezoning of a property to an R-4 or R-5 Multi-Family District.
(1) Located along a collector or arterial street;
(2) Located along a local street when it serves as a transition between an existing one-family neighborhood and a more intense use/development;
(3) Adjacent to a business or industrial district.
(Ord. 2023-03, passed 2-27-2023)
§ 150.216 FLOOR AREA REQUIREMENTS FOR DWELLING UNITS.
In order to provide healthful living conditions and to preserve the character of neighborhoods, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units.
(A) Area of a dwelling unit shall be the sum of the gross floor area above the basement level, and not more than three feet below finished grade; rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet is one-half of the room area and has a minimum ceiling height of seven feet.
(B) The area for frame buildings shall be measured from the exterior face of the enclosed walls at the respective floor line. For brick veneer buildings no more than four inches of exterior wall thickness may be included in the area calculation. For two-family and multi-family dwellings, where applicable, measurements will be made to the centerline of party walls. All areas within garages, porches, public halls and general storage rooms in multi-family dwellings shall be excluded in this measurement.
(C) Minimum floor area for One-Family Dwelling Units (detached and attached) shall be not less than established in Schedule 150.216(C).
Dwelling Type | 1 Story(a) | 1-1/2 Story(a) | 2 Story(a) |
Dwelling Type | 1 Story(a) | 1-1/2 Story(a) | 2 Story(a) |
(1) One-family Detached Dwelling | |||
(a) Ground floor area (sq. ft.) | 1,000 | 780 | 600 |
(b) Total floor area (sq. ft.) | 1,000 | 1,200 | 1,200 |
(2) One-family Attached Dwelling Unit | |||
(a) Ground floor area (sq. ft.) | 750 | 450 | |
(b) Total floor area (sq. ft.) | 750 | 900 | |
Notes to Schedule 150.216(C): (a) The floor area is the minimum square footage required for a dwelling unit with a basement. An additional 100 square feet shall be required for a dwelling unit without a basement. | |||
(D) Minimum floor area for Multi-Family Dwelling Units shall be not less than established in Schedule 150.216(D):
FLOOR AREA REQUIREMENTS FOR MULTI-FAMILY DWELLING UNITS | |
Dwelling Unit Type | Minimum Floor Area Per Multi-family Dwelling Unit |
(1) Unit with no bedroom | 500 square feet |
(2) 1 bedroom unit | 600 square feet |
(3) 2 bedroom uni | 750 square feet |
(4) 3 or more bedroom unit | 850 square feet plus 100 sq. ft. for each bedroom over 3 |
(Ord. 2023-03, passed 2-27-2023)
§ 150.217 PERMANENTLY SITED MANUFACTURED HOME STANDARDS.
Permanently sited manufactured homes shall be permitted where they meet the following provisions:
(A) The structure complies with all zoning requirements for a one-family dwelling.
(B) The structure is affixed to a permanent masonry or concrete foundation and is connected to appropriate facilities.
(C) The structure, excluding any addition, has a minimum width of at least twenty-two feet, a minimum length of at least twenty-two feet, and a total living area, excluding garages, porches, or attachments, equal to or greater than the minimum floor area required for any dwelling within a Residential District.
(D) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.
(E) The structure was manufactured after January 1, 1995.
(Ord. 2023-03, passed 2-27-2023)
§ 150.218 GENERAL PROVISIONS FOR ACCESSORY USES AND STRUCTURES.
(A) An accessory use shall not be established nor an accessory building or structure constructed in a residential district without a prior existing or concurrent construction of a principal building, structure or use.
(B) Any accessory use permitted in a residential district may occupy a part of the principal building or occupy a separate accessory building or constitute an accessory land use.
(C) Accessory buildings and structures in an R-E, R-1, R-2, and R-3 District shall comply with the location requirements in Schedule 150.218(C).
Use | Yard Permitted | Minimum Setback from Lot Line | ||
Front | Side | Rear | ||
Use | Yard Permitted | Minimum Setback from Lot Line | ||
Front | Side | Rear | ||
(1) Attached accessory buildings and structures, including porches | (a) | (a) | (a) | (a) |
(2) Detached accessory buildings such as garages, carports and storage sheds | Rear | NA | 5 ft. | 5 ft. |
(3) Driveways | Front, corner side, side, rear | NA | 0 ft.(b) | 0 ft.(b) |
(4) Patios and unattached, uncovered decks, not exceeding two feet above grade | Front, corner side, side | (c) | (c) | NA |
Rear | NA | 5 ft. | 5 ft. | |
(5) Fences, walls(d) | Corner side, side, rear | 0 ft. | 0 ft. | 0 ft. |
(6) Outdoor storage of a recreation vehicle, or a storage or work trailer | Rear, Side(e) | See § 150.221 | ||
(7) Outdoor swimming pool | Rear | NA | 5 ft. and requirements in § 150.222 | |
(8) Noncommercial antenna, freestanding | Rear, Side | NA | 5 ft. | |
Notes to Schedule 150.218(C): (a) Shall comply with the setback requirements for principal buildings set forth in Schedule 150.214 except as permitted for projections into setbacks in § 150.213(I). (b) A driveway shall be located wholly on the lot to which it is accessory and shall comply with the construction standards in § 151.608 of the Subdivision & Site Construction Code. (e) The recreational vehicle or trailer may be parked or stored in the side yard if the side yard is too narrow to allow access to the rear yard provided that the no portion of the stored recreational vehicle extends in front of the principal residential building and that the recreational vehicle is parked or stored a minimum of five feet from the side lot line NA Not Applicable | ||||
(D) Accessory Buildings and Structures on Corner Lots. On corner lots, an accessory building or structure shall be set back from the side street line not less than required for the adjacent principal building on the abutting lot.
(E) Maximum Height of Accessory Buildings and Structures.
(1) The height of accessory buildings and structures shall not exceed fifteen feet or the height of the principal building, whichever is lower, except as otherwise permitted below.
(2) Exception to Height Regulations. Noncommercial antennas for individual, private use, including but not limited to, amateur radio antennas, shall be permitted as an accessory use in all residential districts provided the height of the noncommercial antenna shall not exceed 50 feet, whether the antenna is freestanding or mounted on the roof.
(F) Additional Development Standards for Accessory Buildings in the R-E, R-1, R-2, and R-3 Districts. An accessory building including but not limited to a detached garage, shed, carport, or pole barn shall comply with the following:
(1) No more than one accessory building shall be permitted per residential address in an R-E, R- 1, R-2 or R-3 District.
(2) Maximum Area of an Accessory Building. An accessory building shall not exceed 20% of the ground floor area of the principal building or 600 square feet whichever is greater, unless the Planning Commission approves a conditional use permit for an oversized detached accessory building according to § 150.218(G).
(3) Required Distance from Dwelling. An accessory building shall be located not less than ten feet from any dwelling on the same lot or an adjacent residential lot.
(G) Oversized Detached Storage/Utility Building, Permitted as a Conditional Use. An oversized, detached storage/utility building may be constructed on a lot in the R-E, R-1, and R-2 Districts with a minimum lot size of 15,000 square feet, when authorized as a conditional use approved by the Planning Commission in compliance with the following minimum requirements.
(1) Permitted Location: An oversized detached storage/utility building shall only be located in the rear yard and shall comply with the minimum side and rear setbacks for detached one-family dwellings in the applicable zoning district.
(2) Permitted Size: The area of an oversized, detached storage/utility building shall not exceed four (4) percent of the lot area.
(Ord. 2023-03, passed 2-27-2023)
§ 150.219 FAMILY DAY CARE HOME, TYPE B.
The Code recognizes that the availability of safe, affordable, high quality child day care is needed by parents and is important to the wellbeing of children. In accordance with R.C. § 5104.054, any type B family day care home, whether certified by the county director of human services or not certified, is considered a residential use of property and is a permitted residential use in any residential zoning district. The day care shall be conducted solely by the occupants of the residence where the family day care home is located.
(Ord. 2023-03, passed 2-27-2023)
§ 150.220 HOME OCCUPATIONS.
It is the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly accessory status in relation to the residential use of the principal building as the criteria for determining whether a proposed accessory use qualifies as a home occupation. Home occupations are permitted accessory uses in residential zones only so long as all the following conditions are observed. In the event the operation of a home occupation violates any requirement in this Code, the home occupation may be terminated by the Zoning Administrator.
(A) Such occupations shall be conducted solely by resident occupants in their residence.
(B) No more than one room or 25% of the gross area of one floor of said residence, whichever is less, shall be used for such purpose. Use of accessory buildings for these purposes is prohibited.
(C) No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.
(D) No home occupation will cause an increase in the use of any one or more utilities (water, sewer, electricity, telephone, garbage and the like) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
(E) There shall be no outside storage of any kind.
(F) The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.
(G) No use shall create noise, dust, vibration, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(H) Only one sign shall be allowed. Such sign shall not exceed one square foot in area, shall be non- illuminated, and attached flat to the principal structure or visible through a window. The limitation of one sign is intended to apply to all lots, including corner lots.
(I) No home-based business/occupation shall require the daily services of a commercial freight carrier which produces traffic in greater frequency or of a different nature than normally found in the surrounding residential area. Delivery services normally and customarily associated with a residential use are permitted.
(J) No retail or wholesale transactions shall be made on the premises.
(Ord. 2023-03, passed 2-27-2023)
§ 150.221 OUTDOOR PARKING AND STORAGE OF TRUCKS AND RECREATIONAL VEHICLES.
In R-E, R-1, R-2 and R-3 Districts, the outside parking and storage of trucks and recreational vehicles shall be permitted as an accessory use subject to the following conditions and limitations:
(A) In one-family residential districts, one truck that is used solely by the occupant and does not exceed one ton in rated capacity may be stored on the residential lot.
(B) Prior to parking and storing a recreational vehicles on a lot in an R-E, R-1, R-2, or R-3 District, an application for a Zoning Certificate for such an accessory use shall be filed with the Zoning Administrator. Unless otherwise provided in this Code, a one-time fee, as established by the Village’s Fee Schedule/Ordinance, which can be obtained from the Zoning Administrator, shall be charged for such Zoning Certificate. Any change in the recreational vehicle involved shall terminate the Certificate, and a new application must thereafter be filed and processed.
(C) Only one recreational vehicle such as a motorhome, or one or more off-road vehicle(s) stored on one trailer used to transport such vehicles, or one storage or work trailer shall be parked or stored on a lot, accessory to a permitted principal use.
(D) Such vehicle(s) shall be owned or leased by an occupant of the premises, except for the temporary parking of a recreational vehicle owned by a guest of the occupant.
(E) In addition to the locational requirements set forth in Schedule 150.218(C), recreational vehicles, storage trailers and work trailers shall be parked or stored in compliance with the following:
(1) On an impervious surface, such as asphalt or concrete, or suitable pervious surface.
(2) Schedule 150.218(C) notwithstanding, the temporary outside parking of a recreational vehicle shall be permitted in the front yard and side yard for a period not to exceed a total of seventy-two (72) hours in a consecutive twenty-one (21) day period.
(3) Proper care shall be taken to prevent gasoline, motor oils, or other hazardous fluids from leaking onto the ground or draining into a storm drain or water course.
(4) Under no circumstances shall any recreational vehicle have connections to electricity, water, gas or sanitary sewer facilities, nor shall such equipment be used at any time for living, storage, or housekeeping purposes.
(F) Every truck, trailer and recreational vehicle parked or stored shall be kept in good repair, operational and shall display current license/registration with the Ohio Bureau of Motor Vehicles.
(G) No truck, trailer or recreational vehicle shall be parked or stored on a vacant lot.
(Ord. 2023-03, passed 2-27-2023)
§ 150.222 PRIVATE SWIMMING POOLS.
A private swimming pool, including farm ponds, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed an “R” District except as an accessory use and unless it complies with the following conditions and requirements:
(A) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(B) Private swimming pools, including any walks or paved areas or accessory structures adjacent thereto, shall not be closer than five feet to any property line of the property on which located.
(C) Below-ground swimming pools located within the corporate limits of the village shall be surrounded by a fence, not less than four feet in height and all openings, doorways and entrances into said pool area shall be equipped with gates of equal height with said fence, which gates shall be provided with latches, all in good condition. Above-ground pools shall have a locking ladder, side walls or a fence, or a combination of, at least four feet in height and openings and entrances shall conform to below ground pool requirements.
(Ord. 2023-03, passed 2-27-2023)
§ 150.223 LANDSCAPING, SCREENING, FENCING, AND LIGHTING REGULATIONS.
(B) Screening and landscaping shall be provided for all nonresidential development in any residential district and residential development in the R-4 and R-5 Districts in accordance with the provisions set forth in Article 150.39, Landscaping, Screening, Fencing, and Lighting Regulations.
(Ord. 2023-03, passed 2-27-2023)
§ 150.224 REQUIREMENTS FOR OWNERS ASSOCIATIONS.
Whenever a residential subdivision includes any type of common area, facility or feature dedicated to common use, such as but not limited to stormwater management areas, common open space and signage, a homeowner’s association, community association, or similar legal entity shall be created to be responsible for the maintenance and control of all common areas, facilities and features. The Village Solicitor shall determine that the association’s or entity’s bylaws or code of regulations incorporate the following requirements:
(A) Membership in the association shall be mandatory for each owner of a lot in the development or unit in a condominium.
(B) The association shall be responsible for maintenance, control, and insurance of all common areas, facilities and features.
(1) The association shall guarantee maintenance of all common areas, facilities and features within the boundaries of the development.
(2) In the event of a failure to maintain such common areas, facilities or features, the Village may seek to enforce the association’s non-performance of its obligations and duties through an injunction or any other civil remedy.
(C) The association shall have the power to impose assessments on members to pay for the maintenance, control and insurance of open space and common areas, and the power to record liens against individual properties for failure to pay assessments as permitted by the Ohio Revised Code.
(D) The conditions and timing of transfer of control from the developer to the association shall be specified.
(E) The association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without:
(1) An affirmative vote of 75% of its members;
(2) Creating a successor entity under Ohio law to accept the property pursuant to the Village’s Zoning Code; and
(3) The approval of Village Council.
(F) The association shall convey to the Village of Swanton and other appropriate governmental bodies, after proper notice, the right to enter common areas for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Village shall have the right to proceed against the association for reimbursement of costs, including the right to file liens against individual condominium units, houses, and vacant building lots.
(G) A certified copy of all covenants and restrictions that may be applicable and amendments thereto recorded with the Fulton County or Lucas County Recorder’s Office (whichever is applicable) shall be submitted to the Zoning Administrator within ten (10) days of recording.
(Ord. 2023-03, passed 2-27-2023)
§ 150.225 DEVELOPMENT PLAN REVIEW.
All uses in the R-4 and R-5 Districts shall be permitted only after a development plan has been reviewed and approved according to the procedures set forth in Article 150.65 Development Plan Review Procedures.
(Ord. 2023-03, passed 2-27-2023)