Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the zoning map as provided in Chapter 1256 or upon a finding by the Planning Commission that a use is substantially similar to a specified permitted or conditional use, as provided for in Section 1258.06, Similar Uses.

(Ord. 2009-17. Passed 9-15-2009.)

   This Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to Ohio R.C. 5104.054, any type B family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal, county, and Village zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where childcare is provided for one to six children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care homes are a permitted accessory use in residential districts, and do not require a zoning permit or a certificate of zoning compliance.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Required Setbacks to be Maintained. The required setbacks surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a required setback for any other existing building on the same or on an adjacent lot. 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.

   (b)   Required Lot Area to be Maintained. A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record which conformed to the provisions of this Zoning Code or any amendments thereto which affected its conformity shall not be reduced in any manner which would make it non-conforming.

(Ord. 2009-17. Passed 9-15-2009.)

   Sight Triangles at the Intersection of Two Streets. In any district on any corner lot, no fence, structure or planting shall be erected or maintained between two and one-half feet and eight feet, above the rights-of-way lines, within a clear sight triangle formed by the right-of-way lines of two intersecting streets, and a line drawn between two points, each measuring twenty feet from the intersection of the right-of-way lines. See Figure 1, Visibility at Intersection of Public Streets, below.

   (a)   No person shall cause, allow, or maintain the use of an outdoor wood burning boiler or an outdoor wood fired boiler as otherwise defined in these Codified Ordinances.

   (b)   This section shall not be construed as prohibiting the continued use of any outdoor wood burning boiler or outdoor wood fired boiler pursuant to and subject to Chapter 1274, Non-conforming Buildings, Lots, and Uses.

   (c)   Violation of this section shall be a first degree misdemeanor and shall be punished as follows:

 

 

   (d)   The violator shall pay all costs, which may include all expenses, direct and indirect, which the Village incurs in connection with the municipal infraction.

(Ord. 2009-17. Passed 9-15-2009.)

   No storage tank for flammable liquids shall be allowed in any district unless the tank complies with all of the provisions of Chapter 1670, with respect to storage of flammable liquids.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   As used herein, the terms "waste container" or "container" shall include but not be limited to waste containers, biodegradable waste containers and "dumpsters."

   (b)   All properties within the Village utilizing waste containers shall provide an enclosure or screening for said containers so as to screen them in the specific area used for temporary storage of recyclable materials or trash storage or to move said containers to a location not visible from the public right-of-way. This screening shall be subject to the following regulations:

      (1)   The waste containers shall be located on an asphalt or concrete pad that is a minimum of six inches thick with a four-inch aggregate base below. The containers shall be enclosed by masonry or wood structure or other structure approved by the Building Department or the Planning Commission, as applicable, sufficient to provide visual screening. In addition to this required enclosure, supplemental vegetation may be used for additional screening as appropriate and when approved by the Building Department or the Planning Commission, as applicable.

      (2)   All waste container enclosures shall be stained or painted to match the color of the principal structure. Containers shall be adequate to hold all garbage and biodegradable trash with cover closed. Covers shall remain closed at all times except when filling or emptying.

      (3)   Placement of containers and enclosures thereof shall comply with all applicable Zoning Codes and there shall be no more than six feet high of enclosure when located in or within 100 feet of a residential district. All reasonable efforts shall be made to shield the enclosure from residential view, and it shall be approved by the Building Department or the Planning Commission, as applicable, as otherwise provided in these Codified Ordinances. Where possible, containers and/or dumpsters shall be placed on a side of the building facing non-residential property.

      (4)   The permanent use of commercial containers shall be prohibited in the Country Home District. Containers may be used in the Country Home D   istrict on a temporary basis for a maximum of ninety days, one extension may be granted by the Building Inspector for good cause, such extension shall not exceed 180 days to dispose of waste and debris from specific projects. Such temporary use shall be exempt from the screening regulations.

      (5)   All users of containers shall have rubbish and garbage collected and removed on a regular basis for disposal at least once per week, provided that this requirement will not pertain to recyclable material (scrap metal, cardboard, etc.) which recyclable material shall be collected with reasonable frequency. In the event of continuous overflow of trash, recyclable materials or any other debris, the Building Inspector may require additional removal of such items at the owner's expense.

      (6)   Existing waste containers and/or dumpsters shall be exempted from the provisions of this section for one year from the date of enactment of this section of the codified ordinances. Thereafter, such existing dumpsters shall be brought into compliance with the provisions of this Section. The modification to the asphalt or concrete pads to any existing container location shall not require a base as indicated in 1299.07 (b)(1), unless such area is damaged.

(Ord. 2009-17. Passed 9-15-2009.)