Wapakoneta City Zoning Code
CHAPTER 1292
Supplementary Regulations
1292.01 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements, applicable to the particular district, as may be specified in this Zoning Code.
(Ord. 2010-29. Passed 7-5-10.)
1292.02 REAR DWELLINGS.
No building, in the rear of a principal building on the same lot, shall be used for residential purposes unless it is located in an R-4, B-1, B-2 or B-3 District.
(Ord. 2010-29. Passed 7-5-10.)
1292.03 DWELLING GROUPS.
A zoning certificate for the erection of a dwelling group (two or more detached dwellings located on a parcel of land under one ownership and having a common yard), in those districts where permitted, may be issued by the Zoning Administrative Officer, provided such dwelling group conforms to all of the following conditions and requirements:
(a) The lot and floor area per family of each unit in the dwelling group shall meet or exceed the requirements of zoning district in which it is located.
(b) The entire land area is owned by one single property owner, either an individual, partnership, corporation, or, association in the case of a condominium project, an association.
(c) The distance between any buildings and the nearest lot lines, other than a front line, shall be not less than the rear yard requirement of the zoning district in which it is located.
(d) Except as modified in this section, such dwelling group shall conform to all the requirements of this Zoning Code for the district in which it is to be located.
(Ord. 2010-29. Passed 7-5-10.)
1292.04 PRIVATE SWIMMING POOLS.
(a) Except as provided in subsection (b) hereof, a private swimming pool, as regulated herein, shall be any pool, pond, 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, but not including rivers, streams, open ditches or man-made earthen basins or ponds which are designed, built and maintained for the primary purpose of storing or retaining storm water, as required and provided in Section 1248.05(a). No such pool shall be allowed in any district, except as an accessory use and then only if it complies with the following conditions and requirements:
(1) 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 for noncommercial uses, and it may not be located in any front yard.
(2) In any district, a pool, or the entire property on which it is located, shall be so walled or enclosed by a chain-link fence or equivalent, not less than four feet in height and have a self- closing, self-locking gate and latch, maintained in good condition, or a mechanical pool cover of sufficient quality to prevent uncontrolled access by children or others from the street or from adjacent properties.
(b) A temporary private swimming pool, as regulated herein, shall be any inflatable pool intended for the sole use and enjoyment of the occupants of the principal use of the property on which it is located, for noncommercial uses, which has a minimum water depth of 18 inches and a maximum water depth of 30 inches and a maximum total surface area of 350 square feet. No such pool shall be allowed in any district, except as an accessory use and then only if it complies with the following conditions and requirements:
(1) No temporary private swimming pool shall be located in any front yard;
(2) Zoning setback requirements shall apply to any temporary private swimming pool;
(3) A temporary private swimming pool shall not be subject to paragraph (a)(2) hereof and shall not be subject to the 20-foot requirement as contained in paragraph (a)(1) hereof;
(4) Any temporary private swimming pool with a water depth of 24 inches or more shall be securely covered when not in use; and
(5) No temporary private swimming pool shall be installed prior to May 1 of each calendar year and any temporary private swimming pool shall be removed by October 1 of the same calendar year in which it is installed.
(Ord. 2010-29. Passed 7-5-10; Ord. 2022-49. Passed 8-15-22; Ord. 2023-41. Passed 6-19-23.)
1292.05 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
On any corner lot in any district, no fence, structure or planting shall be erected or maintained within a sight triangle, 20 feet of the edge of the pavement at the intersection, and more than three and one-half feet above the curb or street grade, or so as to interfere with traffic visibility across the corner.
(Ord. 2010-29. Passed 7-5-10.)
1292.06 ESSENTIAL SERVICES.
Essential services, as defined in Section 1250.10(54), shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Zoning Code.
(Ord. 2010-29. Passed 7-5-10.)
1292.07 PERFORMANCE STANDARDS FOR GENERAL COMMERCIAL AND INDUSTRIAL DEVELOPMENT.
The following minimum standards shall apply to all uses in B-1, B-2, B-3, M-1, M-2 and M-3 Industrial Districts:
(a) Fire and Explosion Hazards. All activities, including storage, involving flammable or explosive materials, shall include the provision of adequate safety devices against the hazard of fire and explosion, such safety devices being standard in the industry. Burning of waste materials in open fire is prohibited at any point.
(b) Fly Ash, Dust, Fumes Vapors, Gases and Other Forms of Air Pollution. No emission of air pollutants shall be permitted which violates the minimum Federal requirements as enforced by the Environmental Protection Agency. Dust and other airborne pollutants shall be minimized through the paving, oiling or landscaping of the lot area around any building.
(c) Glare, Heat and Exterior Light. Any operation, as part of a permitted use, producing intense light or heat, such as combustion, welding or other high-temperature processes, shall be performed within an enclosed building and not be visible beyond any lot line bounding the property whereon the use is conducted. No exterior lighting shall be positioned so as to extend light or glare onto adjacent properties or rights-of-way.
(d) Liquid or Solid Waste. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as may contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accordance with standards approved by the Ohio Environmental Protection Agency or such other governmental agency as shall have jurisdiction of such activities.
(e) Noxious Gases. Processes and operations of permitted uses capable of dispersing gases or toxic particulates into the atmosphere shall be hooded or otherwise suitably enclosed. The emission of such toxic gases or particulate matter shall be from a stack.
(f) Vibrations. No use shall be located and no equipment shall be installed in such a way as to produce intense earth-shaking vibrations which are discernible without instruments at the property lines of the subject premises.
(g) Odors. The rules and regulations of the Ohio Environmental Protection Agency and the Auglaize County Health Department shall be complied with.
(h) Electrical Interference. No use shall operate so as to produce an electrical interference with adjacent properties.
(Ord. 2010-29. Passed 7-5-10.)
1292.08 PARKING AND OCCUPANCY OF BOATS, CAMPING VEHICLES, MOBILE HOMES AND TRAILERS IN RESIDENTIAL DISTRICTS.
Restrictive covenants in effect in residential subdivisions may provide more restrictive regulations that are not enforceable by the City under these zoning regulations.
(a) Only two such vehicles, in any combination, shall be permitted on a residential lot at any one time. All vehicles shall be in operable condition and shall have a valid license plate and registration.
(b) In any residential "R" District, placing a boat, camping vehicle, trailer, or motor home shall be prohibited, unless such vehicle, trailer or boat is parked or stored in a garage or other accessory building or rear yard or it is parked in a side yard behind the front building line of the dwelling or on a paved driveway.
(c) No occupancy for human habitation shall be maintained or business conducted in any vehicle while parked or stored on the residential lot. However, temporary occupation may be permitted for a period of two weeks or less in any six month period.
(d) The wheels or any similar transporting devices of any such trailer permitted within any residential district shall not be removed, except for service, nor shall any trailer be permanently affixed to the ground.
(e) Unless subject to subsection (c) above, no such vehicle shall be connected to sanitary sewer, electric or water unless servicing such vehicle or preparing the vehicle for travel.
(Ord. 2010-29. Passed 7-5-10.)
1292.09 SEXUALLY ORIENTED BUSINESSES.
A sexually oriented business is a conditional use within the M-1 or M-3 Districts. A conditional use for such facilities shall not be approved unless the general standards set forth in Section 1252.06, and the following minimum conditions are complied with:
(a) Minimum Location Requirements. No sexually oriented business shall be established within 1,000 feet of:
(1) Any residentially zoned (R) district; or
(2) Any public, private, governmental or commercial library, educational institution, teaching facility, park, recreational facility, religious place of worship, child day care facility, day care facility, playground or swimming pool; or
(3) Any other sexually oriented business.
(b) Prohibited Public Display. No advertisements, displays or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public areas.
(c) Public View to be Prevented. All building openings, entries, windows, etc. for sexually oriented businesses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public areas, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any public or semi-public areas.
(d) External Audio and Visual Impact. No screens, loudspeakers or sound equipment shall be used for motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.
(e) Interior Design. The interior of any adult book store shall be lighted and constructed in such a manner that every portion thereof (except restroom facilities) is readily visible to the clerk or supervisory personnel from the facilities' counter or other regular work station.
(Ord. 2010-29. Passed 7-5-10.)
1292.10 MOTOR VEHICLE SERVICE AND FILLING STATION.
In addition to the other relevant district regulations, motor vehicle service stations and filling stations shall be further regulated using the standards and regulations that follow.
(a) Lot Area and Frontage. The lot shall have an area of not less than 32,670 square feet, and at least one street frontage of not less than 150 feet.
(b) Location of Entrances. No motor vehicle service or filling station shall have an entrance or exit for vehicles if located on the same side of the street and within 50 feet of a residentially zoned district.
(c) Location of Facility Equipment and Canopies. Gasoline pumps, compressed air connections, vacuum cleaners and similar equipment shall not be located closer than 30 feet to any right-of-way or property line. A canopy over the pumps may be located no closer than 30 feet to any right-of-way or property line, as measured from the overhang of the canopy.
(d) Yards. Each motor vehicle service or filling station structure shall have a minimum setback of at least 40 feet from all right-of-way lines except as may be modified herein.
(e) Outside Storage and Display. No outside storage shall be permitted for motor vehicle service or filling stations unless the outside storage area is enclosed with masonry walls or a permanent solid fence. Large outside storage or display areas, such as racks of tires, bagged mulch, soft drinks and windshield wiper fluid, are prohibited unless the times and locations of storage are reviewed and approved by the Zoning Administrative Officer. Small displays on pump islands for motor oil, wiper blades and the like shall be permitted.
(f) Canopy Lighting. Light fixtures mounted on or under canopies or bays shall be of full cut off design, unless indirect lighting is used whereby light is directed upward and then reflected down from the ceiling of the structure.
(g) Driveways. All plans for outdoor display and storage, access and egress to service and filling stations shall be approved by the Zoning Administrative Officer, who shall ascertain that all the locations of such materials and driveways used to provide accessibility to the lot shall be located and arranged to minimize traffic congestion in conformity with the following:
(1) Lot with frontage of 150 feet. Not more than one driveway shall be permitted on a lot with a frontage of 150 feet. Such driveway shall have a maximum curb cut width of 30 feet.
(2) Lot with frontage in excess of 150 feet. Each lot with a frontage in excess of 150 feet may have two driveways, provided that they are so located and constructed as to provide safety to pedestrians and motorists using such property, and provided, further, that there shall be a minimum of 50 feet of unbroken curb between successive driveways on the same or adjoining land uses.
(3) Minimum distance from intersections. In all cases, the minimum distance of driveways from street intersections shall be 50 feet, unless otherwise required by State or Federal law, measured from the nearest side of the driveway to the nearest right-of-way line of the intersecting street.
(h) Paving and Curbing. The entire lot, other than required landscaped or screening areas, shall be paved with a permanent surface of concrete, asphalt or other City approved permanent surface, with a raised concrete curb of not less than six inches in height except for driveway openings. All driveway approaches, including those within the public right-of-way, shall also have a six inch high concrete curb.
(i) Abandonment.
(1) If a motor vehicle service station or filling station is abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and detrimental to the public health, safety, convenience, comfort or property, or the general welfare of the community, and shall be abated. As used in this section, "abandoned" means a failure to operate such service station or filling station for at least six consecutive months in any 18 month period.
(2) Whenever the Zoning Administrative Officer finds any motor vehicle service station or filling station to be abandoned, he or she shall give notice in the same manner as service of summons in civil cases, or by certified return receipt mail addressed to the owner of record of the premises at his or her last known address or to the address to which tax bills are sent, or by a combination of such methods, to abate such abandoned condition within 60 days, either by:
A. Placing the station in operation in accordance with this Zoning Code and other applicable laws and regulations of the City and State;
B. By adapting and using the building or structure for another permitted use in the district in which it is located; or
C. By razing the station, removing the pumps and signs, removing underground storage tanks in accordance with accepted safe practice as prescribed by the National Fire Protection Association in Appendix C to N.F.P.A. No. 30, under the supervision of the City Fire Chief or other designated official, and filling the depression to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for 90 consecutive days thereafter, this paragraph shall not apply. If a national emergency is declared, which emergency would curtail the operation of motor vehicles, or if Council determines that there exists a state of general economic depression, this paragraph shall not apply.
(Ord. 2010-29. Passed 7-5-10.)
1292.11 REGULATIONS FOR DRIVE-IN, DRIVE-THROUGH, OR CARRY-OUT EATING AND DRINKING ESTABLISHMENTS.
In addition to the other relevant district regulations, drive-in, drive-through or carry-out eating and drinking establishments shall be reviewed by the Planning Commission and shall be further regulated as follows:
(a) The location must be located on an arterial road that is adequately designed to carry the additional traffic generated by the establishment. The City may require the applicant to conduct a traffic impact study by a qualified traffic engineer to determine the adequacy of the roadway. Such study shall be at the applicant's expense.
(b) A minimum of five stacking spaces per drive-thru lane is recommended.
(1) Such waiting areas shall not obstruct off-street parking spaces or internal circulation on site.
(2) Waiting spaces shall be situated in such a manner that vehicles using the drive-through or drive-in facilities are traveling in a continuous forward motion.
(3) A bypass lane is recommended to permit unimpeded circulation around a drive-through lane. A bypass lane shall not include parking spaces.
(c) Exterior lighting, including illuminated signage, shall be so shielded or directed that the light intensity or brightness shall not extend beyond the subject property line, to be determined by the submission of a photometric lighting plan.
(d) A solid fence or wall four to six feet in height shall be constructed where any off-street parking area is located, adjacent to any residentially zoned parcel of land. An evergreen hedge maintained in good condition may be substituted for the required fence or wall, provided however, that the evergreen hedge provides an opaque screen to prevent the glare of headlights onto adjoining properties and provided that the Planning Commission approves such screening.
(e) Speakers used for taking orders shall be positioned to minimize the sound on adjacent property.
(Ord. 2010-29. Passed 7-5-10.)
1292.12 HOME OCCUPATIONS.
Customary home occupations are permitted as an accessory use as a part of a residential dwelling. Home occupations shall be subject to the following conditions in addition to use regulations in various districts:
(a) No more than two persons, other than members of the family residing on the premises, shall be engaged in the home occupation.
(b) The home occupation shall be clearly incidental and subordinate to the dwelling use for residential purposes with not more than 25% of the floor area of the dwelling unit used in the conduct of the home occupation.
(c) Unless required by State law, the external appearance of the dwelling in which the home occupation is conducted shall not be altered. Furthermore, no external alteration, construction or reconstruction of premises to specifically accommodate the use shall be permitted.
(d) One non-illuminated sign of not more than two square feet in area, attached flat against the building, shall be permitted.
(e) The home occupation may not increase parking and traffic flow by more than two vehicles at a time.
(f) There shall be no outside storage of any kind related to the home occupation.
(g) If products are manufactured, only those products made on the premises may be sold on the premises.
(h) No equipment, process, materials or chemicals shall be used which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation or electrical disturbances shall be created as per Section 1292.08. In the case of electrical interference, no equipment or process shall create visual or audible interference in any radio or television receivers or other audio appliances used off the premises, or cause fluctuation in line voltage off the premises. No equipment, process, or storage associated with a home occupation shall create any fire or explosion hazard, or involve the storage or use of hazardous materials in any concentration greater than that which would normally be found in a dwelling containing no home occupation.
(i) A home occupation shall comply with all Federal, State, County and Municipal regulations that are pertinent to its operation in addition to those contained in this section.
(Ord. 2010-29. Passed 7-5-10.)
1292.13 DUMPSTERS AND TRASH HANDLING AREAS.
The following requirements shall apply to all uses that utilize dumpsters, trash handling areas, and related service entrances:
(a) Setbacks. Dumpsters, trash handling areas and related screening, shall be in compliance with the setback requirements for accessory structures as determined by the zone district in which such structure is constructed. The dumpster(s) shall be located on a concrete pad constructed of sufficient strength for the dumpsters and vehicles that will empty the dumpsters. A curb of a minimum of six inches in height shall be located between the dumpsters and fence to prevent damage to the fence.
(b) Location of Screen. Any such dumpster or trash handling area shall be screened on three sides by a fence or wall from the view from public streets and any abutting properties located in a residential, office, or commercial district. If the access to the dumpsters is visible from the public right-of-way, a gate shall be installed that fully screens the dumpsters.
(c) Height and Construction of Screen.
(1) Any fence or wall required under this section shall have a height no greater than seven feet and no less than five feet.
(2) If a wall is constructed, it shall be constructed in a durable fashion of brick, stone, or other masonry materials with no greater than 25% of the wall surface left open so as to prevent viewing of the dumpster units. Masonry materials should be painted in a similar color to the main building.
(3) Any fence shall be constructed in a durable fashion of wood. No more than 25% of the fence surface shall be left open between posts and/or planks so as to prevent viewing of the dumpster units.
(4) Fence, wall and gate materials shall be of a similar material or painted similarly to the main building.
(Ord. 2010-29. Passed 7-5-10.)
1292.14 FENCES, WALLS AND HEDGES.
Fences and walls are permitted in all districts, subject to the following conditions:
(a) Location.
(1) Fences, walls and hedges shall be permitted in any yard subject to the regulations of this section.
(2) The property owner shall assume responsibility for determining the legal, proper placement of the fence, wall or hedge upon their property.
(b) Height.
(1) Residential districts.
A. On an interior side or rear lot lines, fences and walls shall not exceed seven feet in height above the established grade.
B. On a front lot line and in front of a building setback, fences and walls shall not exceed three and one-half feet in height above the established grade.
(2) Business and industrial districts. On an interior side or rear lot lines, fences and walls shall not exceed eight feet in height above the established grade.
(c) Materials.
(1) No fences, with the exception of those fences used for agricultural purposes, shall contain an electric charge.
(2) Barbed wire, razor wire, or any other type of anti-climbing wire shall only be permitted, upon administrative review and approval of the Zoning Administrative Official, in the industrial district.
(3) Materials used for fences shall be of traditional fencing materials (wrought iron, chain link, pressure treated lumber, cedar, redwood, PVC, etc.) and shall be constructed of weather resistant materials and annually treated so that they are weather resistant. Chain link and so called rabbit wire, chicken wire and other mesh materials shall not be permitted in front yards.
(4) The finished or most decorative side of the fence shall face away from the property erecting the fence.
(5) All latches, hinges and other hardware shall be galvanized or painted so as to prevent or retard rust and degradation.
(d) Maintenance. The fence, wall or hedge and the property surrounding both sides of the fence, wall or hedge shall be properly maintained at all times.
(e) Certificate Required. Fences and walls shall require a zoning certificate.
(Ord. 2010-29. Passed 7-5-10; Ord. 2016-48. Passed 1-3-17.)
1292.15 SATELLITE DISHES.
Satellite dishes, where permitted as an accessory use, are subject to the following conditions:
(a) Zoning Certificate; When Required. A zoning certificate is required for the erection or installation of satellite dishes except as identified below.
(1) Digital satellite dishes (DSS) and satellite dishes three feet or less in diameter shall be permitted to be placed on any dwelling or building in any district and shall not require a zoning certificate. However, the satellite dish shall be placed in the most inconspicuous place that permits reception on the property.
(2) Satellite dishes exceeding three feet in diameter shall require administrative review and the issuance of a zoning certificate.
(b) Submission Requirements for Satellite Dishes Requiring a Zoning Certificate.
No person, firm or corporation shall undertake the construction, erection or installation of any non-exempt satellite dish (see subsection (a) above) without a zoning certificate issued in accordance with the provisions of this section.
In addition to the requirements of this section, the application for such certificate shall include the following:
(1) A description of the type and size of satellite dish proposed;
(2) A plot plan of the lot, premises, or parcel of land showing the location of the proposed satellite dish and all other buildings and structures thereon;
(3) Plans depicting the specifications and elevations of the proposed location, to include satisfactory screening and landscaping for ground mounted structures;
(4) Details of the method of assembly and construction of the proposed satellite dish; and
(5) A statement indicating that the satellite dish shall be placed in the most inconspicuous place that permits reception on the property.
(c) Location.
(1) Ground mounted satellite dishes shall be setback from the rear or side property line a minimum equal to the measurement of the height of the dish. However, in no case, shall the ground mounted satellite dish be located closer than three feet to the property line or within an easement of record.
(2) Satellite dishes shall be prohibited in the front yard of the property on which it is located unless no other placement is possible to achieve a signal.
(d) Height and Size.
(1) For exempt satellite dishes, the maximum diameter shall not exceed three feet.
(2) For non-exempt satellite dishes, the maximum height of any ground-mounted satellite dish shall not exceed ten feet above the finished grade and its diameter shall not exceed 12 feet.
(3) The maximum height of any roof-mounted satellite dish shall not exceed the roof height it is mounted on by more than three feet.
(e) Landscaping, Materials and Maintenance.
(1) The satellite dish apparatus, where mounted to the ground, shall be screened with shrubbery and/or landscaped if visible from the public right-of-way.
(2) The satellite dish shall be of one color and shall not contain any advertising other than that of the manufacturer or system.
(3) The satellite dish apparatus shall be properly maintained to prevent both unsightly and unsafe conditions.
(Ord. 2010-29. Passed 7-5-10.)
1292.16 OUTDOOR BULK STORAGE AND DISPLAY IN COMMERCIAL AND INDUSTRIAL DISTRICTS.
The following regulations shall apply to outdoor bulk storage or displays in commercial and industrial districts:
(a) The outdoor storage or display of bulk goods including retail and seasonal items such as firewood, landscaping materials, bagged materials and mulch shall be controlled by the following regulations:
(1) The outdoor storage or display of merchandise, inventory or materials shall not interfere with required off-street parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways or block any natural drainage.
(2) The outdoor storage of merchandise, inventory or materials shall not be located in any required yard area within the lot nor shall it be visible from the public right-of-way.
(3) Outdoor storage areas shall be required to be fully screened with an opaque fence or wall not to exceed six feet in height. Such fence shall be constructed out of a material that is similar in nature to the principal structure on the lot or painted in similar color of the principal structure on the lot.
(4) All permitted outdoor storage or display shall be maintained in a neat and orderly fashion.
(5) As part of an outdoor display, only a sample of materials, to properly identify the merchandise for sale on the premises, shall be permitted. The remaining materials, if not stored indoors, shall be considered outdoor storage, subject to the regulations of this section.
(6) Outdoor storage or display locations shall be approved by the Zoning Administrative Officer upon the application of the record owner of the property.
(b) Applications for outdoor storage or display areas shall be on a form provided by the Zoning Administrative Officer and shall be submitted with a site plan depicting the location of the said storage or display areas with supporting documentation indicating the impact of the storage or display area on the property as a whole. The Zoning Administrative Officer may request the specific review and approval of the Planning Commission on any application. The review and approval of the Board of Zoning Appeals may be requested by any applicant whose application has been rejected or modified by the Zoning Administrative Officer or Planning Commission, which request must be made in writing and must be made within 30 days of such rejection or modification.
(Ord. 2010-29. Passed 7-5-10.)
1292.17 OUTDOOR STORAGE IN RESIDENTIAL AREAS.
The outdoor storage of materials in a residential district shall not be permitted in the front yard for more than 48 hours. Outdoor storage shall be located behind the front building line of the dwelling and shall be stored in an orderly manner (e.g. stacked) and shall remain free of stagnant water, weeds and vermin. The City may require the screening of items stored outdoors on a case by case basis.
(Ord. 2010-29. Passed 7-5-10.)
1292.18 JUNK STORAGE.
The accumulation and/or storage of junk vehicles, disabled or inoperative machinery and equipment, dismantled parts of vehicles, machinery or equipment, discarded appliances and furnishings, other junk and debris, shall be prohibited except when stored within a completely enclosed building or structure.
(Ord. 2010-29. Passed 7-5-10.)
1292.19 PORTABLE STORAGE UNITS.
(a) Purpose. The purpose of these regulations is to regulate the use and location of portable storage units. These units are typically known by the names: PODS (Portable On Demand Storage Units), SAM (Store and Move), SmartBox USA, and UNITS. These types of units are typically used for moving, temporary storage during construction and other purposes as may be listed below.
(b) Definition. For the purposes of this section, the term "portable storage unit" shall mean any rentable or leasable enclosed unit of durable construction or material, generally eight feet in width by eight feet in height by seven to 16 feet long, designed for temporary storage, which can be transported by truck, left on site or are filled and removed and stored at a central location.
(c) General Regulations. Portable storage units may be permitted as a temporary use in any zoning district as follows:
(1) Location and timeframe.
A. Temporary use for new construction. Portable storage units are to be removed within three calendar days after the unit is no longer necessary or construction is complete, whichever is sooner.
B. Moving and relocating in residential districts.
1. If used by an occupant of a property for moving or relocating, a portable storage unit shall only be located on a paved surface on the property (e.g. driveway) for a period of not more than seven days or for a period of 14 total days in any 365 day period.
2. Portable storage units shall not be located any closer to an adjacent property than the required minimum side or rear yard setback for accessory uses in the district the unit is located.
C. Commercial and industrial districts.
1. Portable storage units shall not be permitted in any commercial or industrial district for temporary or permanent on site storage unless expressly permitted by the Board of Zoning Appeals.
2. When permitted, a portable storage unit shall only be located on a paved surface on the property for a period of time as determined by the Board of Zoning Appeals.
3. Portable storage units shall not be located any closer to an adjacent parcel than the required minimum side or rear yard setback for accessory uses in the district that the unit is located.
(2) Prohibitions.
A. No portable storage unit shall be used for human or animal occupation.
B. Portable storage units larger than those identified in subsection (b) hereof, shall be prohibited in the City unless expressly permitted by the Board of Zoning Appeals.
C. Only one portable storage unit shall be permitted on the property at any time.
D. No portable storage unit shall be located in a public right-of-way.
E. No electrical or plumbing service shall be connected to or provided in the portable storage unit.
(3) Units must be secured. Portable storage units shall be fully secured at all times including the use of a locking device on the door to prohibit unauthorized entry into the unit.
(4) Public nuisance. The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance such as creating a motor vehicle visibility issue or storing hazardous materials.
(Ord. 2010-29. Passed 7-5-10.)
1292.20 WIND TURBINE AND WIND ENERGY SYSTEMS.
(a) Purpose. The City recognizes the importance of clean, sustainable and renewable energy resources. The intent of these regulations is to establish general guidelines for the location of wind turbine and wind energy systems for noncommercial use. The City recognizes that in some specific instances, under carefully controlled circumstances, it may be appropriate to permit the placement of wind turbines or wind energy systems in certain areas of the City. City Council also recognizes the need to protect the safety, health and welfare of adjacent properties from unnecessary and unreasonable visual interference, noise radiation and the incorrect placement of wind turbine or wind energy systems may such that they may have a negative effect on surrounding property values. As such, this section seeks to:
(1) Protect residential and agricultural areas from the potential adverse impacts of wind turbines or wind energy systems.
(2) Permit wind turbines or wind energy systems only through the review and confirmation of these regulations on residential, commercial, industrial or agricultural property.
(3) Ensure the public health, welfare and safety of City residents in connection with wind turbine or wind energy systems.
(4) Avoid potential damage to real and personal property from the wind turbines or wind energy systems from the failure of such structures and related operations.
(b) Definitions.
(1) “Anemometer.” A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind turbine or wind energy system at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
(2) “Fall zone.” The potential fall area for a tower-mounted wind turbine or wind energy system as measured as the radius around the center point of the base of the tower.
(3) “Net metering.” The process by which surplus energy generated by a customer, as measured by the difference between the electricity supplied by an electric service provider and the electricity generated by a customer in an applicable billing period, is fed back to the electric service provider with customer compensation.
(4) “Power grid.” The transmission system created to balance the supply and demand of electricity for consumers in Ohio.
(5) “Professional engineer.” A qualified individual who is licensed as a professional engineer in the State of Ohio.
(6) “Shadow flicker.” Shadow flicker occurs when the blades of the turbine rotor cast shadows that move across the ground and nearby structures.
(7) “Structure-mounted wind turbine or wind energy system.” A wind turbine or wind energy system mounted on a structure roof, walls, or other elevated surface that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system.
(8) “Total height.” The vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the wind turbine or wind energy system.
(9) “Tower.” The monopole or guyed monopole constructed to support a wind turbine or wind energy system.
(10) “Tower height.” The height above grade of the fixed portion of the tower, excluding the wind turbine or wind energy system.
(11) “Tower-mounted wind turbine or wind energy system.” A wind turbine or wind energy system mounted on a tower that includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system.
(12) “Wind turbine or wind energy system.” A system that converts the kinetic energy of the wind into electricity available for use beyond that used by the system.
(c) Applicability. No wind turbine or wind energy system governed by this section shall be constructed, erected, installed or located within City limits until proper siting approval has been obtained pursuant to this Zoning Code as follows:
(1) Wind turbine or wind energy systems shall be conditionally permitted pursuant to Section 1252.07 in all zoning districts.
(4) No wind turbine or wind energy system shall be erected, constructed, installed or modified without first receiving a building permit from the appropriate approving agency.
(5) Only one wind turbine or wind energy system shall be permitted per property.
(d) Development Standards. Wind turbine or wind energy systems shall be evaluated for compliance to the following standards:
(1) Fall zone.
A. A tower-mounted wind turbine or wind energy system shall have a fall zone at least 150% of the total height from:
1. Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.
2. Any future road right-of-way pursuant to the Wapakoneta Thoroughfare Plan or thoroughfare plan of adjacent jurisdictions, where appropriate.
3. All overhead utility lines.
4. All property lines, unless the affected land owner provides written permission through a recorded easement allowing the wind turbine or wind energy system's fall zone to overlap with the abutting property.
5. Any principal structure.
B. Guy wires used to support the tower of a tower mounted wind turbine or wind energy system are exempt from the wind turbine or wind energy system fall zone requirements.
C. A building-mounted wind turbine or wind energy system shall have a fall zone of at least 150% of the total height of the system supporting the wind turbine or wind energy system, excluding the building itself.
(2) Tower-mounted.
A. A tower-mounted wind turbine or wind energy system shall not exceed 100 feet in height as measured from construction grade. The construction grade shall not be increased above that of the surrounding property so as to artificially add height to the tower unless good cause can be shown by the applicant that the increase in grade is essential for the operation of the wind turbine or wind energy system.
B. The applicant shall provide evidence that the proposed tower height of a tower- mounted wind turbine or wind energy system does not exceed the height recommended by the manufacturer of the wind turbine or wind energy system.
C. All electrical connections shall be located underground.
(3) Building-mounted. A wind turbine or wind energy system that is erected on a building or structure other than a tower shall project no more than 15 feet above the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.
(4) Sound level. Operation of wind turbine or wind energy systems shall not exceed 55 decibels, except during short-term events such as severe wind storms and utility outages. This information shall be obtained from the manufacturer of the wind turbine or wind energy system, and all readings, if necessary, shall be taken from the nearest neighboring property line.
(5) Shadow flicker. Wind turbine or wind energy systems shall be sited in a manner that does not result in shadow flicker impacts on adjacent property. The applicant has the burden of proving that their wind energy system does not have an impact on neighboring or adjacent uses either through siting or mitigation.
(6) Signs. All signs, both temporary and permanent, are prohibited on wind turbine or wind energy systems, except as follows:
A. Manufacturer's or installer's contact identification information on the wind turbine or wind energy system which shall be affixed to the base of the tower limited to two square feet in size.
B. Appropriate warning signs and placards.
C. Advertising of any type shall not be permitted on the wind turbine or wind energy system.
(7) Code compliance. Wind turbine or wind energy systems shall comply with all applicable sections of the Ohio Building Code and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL) or an equivalent third party.
(8) Aviation. Wind turbine or wind energy systems shall be built to comply with all applicable Federal Aviation Administration regulations. Evidence of compliance or non-applicability shall be submitted with the conditional use application.
(9) Visual impacts. It is inherent that wind turbine and wind energy systems may pose some visual impacts due to the total height needed to access the wind resources. The purpose of this section is to reduce the visual impacts, without restricting the owner's access to wind resources.
A. The applicant shall demonstrate through project site planning and proposed mitigation that a wind turbine or wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to information regarding site selection, wind turbine or wind energy system design or appearance, buffering, and screening of ground-mounted electrical and control equipment.
B. The color of wind turbine or wind energy systems shall be painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
C. Wind turbine or wind energy systems shall not be artificially lit unless such lighting is required by the Federal Aviation Administration. If lighting is required, the applicant shall provide a copy of the Federal Aviation Administration determination to establish the required markings and/or lights for the wind turbine or wind energy system.
(10) Utility connection. Wind turbine or wind energy systems proposed to be connected to the local utility power grid through net metering shall adhere to Ohio R.C. 4928.67 and the current ANSI standard.
(11) Access.
A. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
B. The tower of a tower-mounted wind turbine or wind energy system shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of ten feet above the ground.
(12) Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of wind turbines or wind energy systems and as otherwise prescribed by applicable laws, regulations and ordinances.
(13) Wiring and electrical apparatuses. All wires and electrical apparatuses associated with the operation of a tower-mounted wind turbine or wind energy system, except guy wires, shall be located underground.
(14) Maintenance.
A. All wind turbine or wind energy systems shall be maintained in good working order.
B. Any physical modification to the wind turbine or wind energy system that alters the mechanical load, mechanical load path, or major electrical components shall require re-application for conditional use under this section. Like kind replacements shall not require re-application.
(15) Historic sites.
A. No wind turbine or wind energy system shall be located within 1,000 feet of any registered historic site or historic district.
B. Written proof of compliance with this requirement must be provided by the Ohio Historic Preservation Office and be submitted with the conditional use application.
(16) Controls and brakes.
A. All wind turbine and wind energy systems shall be equipped with a redundant braking system which must include:
1. Aerodynamic over-speed controls which include variable pitch, tip and other similar systems; and
2. Mechanical brakes which must be operated in fail-safe mode.
B. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(e) Procedure for Review.
(1) In accordance with Section 1252.07, Conditional Uses, a wind turbine or wind energy system shall be subject to receiving a conditional use permit prior to installation or modification thereof.
The issuance of a conditional use permit shall comply with the following requirements:
A. Site plan review. A site plan shall be submitted for review. The following items shall be the minimum requirements to be considered a complete application. The site plan shall include the following:
1. Property lines and physical dimensions of the applicant's property.
2. Location, dimensions and types of existing structures on the subject property and on properties directly contiguous to the subject property.
3. Location of the proposed wind turbine or wind energy system, foundations, guy wires and associated equipment.
4. Fall zone depicted as a radius around the center of the tower for a tower- mounted wind turbine or wind energy system.
5. The right-of-way or future right-of-way according to the Wapakoneta Thoroughfare Plan of any public road that is contiguous with the property.
6. Two-foot contours of the applicant's property and properties contiguous to the subject property.
7. All overhead utility lines.
8. The site plan must be prepared and stamped by a professional engineer or surveyor licensed to practice in the State of Ohio.
B. System specifications, including manufacturer, model, kilowatt size and generating power, rotor diameter in addition to tower height and tower type, if tower-mounted, for wind turbine or wind energy systems.
C. Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation if the system will be connected to the power grid.
D. Tower foundation blueprints or drawings for tower-mounted systems, including the color of the unit.
E. Tower blueprints or drawings for tower-mounted systems, including all safety measures, including anti-climb devices and lightning protection.
F. Sound level analysis prepared by the manufacturer or qualified engineer.
G. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (typically provided by the manufacturer).
H. Evidence of compliance or non-applicability with Federal Aviation Administration requirements.
I. A maintenance schedule and dismantling plan.
J. Compliance with all development standards as outlined in Section 1292.20(d), Development Standards.
(2) Zoning compliance. A Zoning Certificate must be obtained in accordance with Section 1252.04, Zoning Certificates.
(3) Building permit. A building permit must be obtained from the appropriate approving agency as directed by the Engineering Department.
(f) Decommissioning Plan. Prior to receiving site and conditional use approval under Section 1292.20(e), Procedure for Review, of these regulations, the applicant, owner and/or operator must formulate a decommissioning plan to ensure that the wind turbine or wind energy system is properly decommissioned. The decommissioning plan shall include the following process/provisions:
(1) A provision in the conditional use approval shall be included that the approved decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns or heirs.
(2) At such time that a wind turbine or wind energy system is scheduled to be decommissioned or discontinued, the applicant will notify the Zoning Administrative Officer by certified U.S. mail of the proposed date of discontinuation of operations.
(3) Upon decommission or discontinuation of use, the owner shall physically remove the system within 90 days from the date of decommission or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Zoning Administrative Officer. "Physically remove" shall include, but not be limited to:
A. Removal of the wind turbine or wind energy system.
B. Removal of any tower and other related above-ground structure.
C. Restoration of the location of the wind turbine or wind energy system to its natural condition, except that any landscaping, grading or below-grade foundation may remain in the after-conditions.
(4) In the event that an applicant fails to give such notice, the system shall be considered decommissioned or discontinued if the system is out of service for a continuous two-year period. After two years of inoperability, the Zoning Administrative Officer may issue a “Notice of Decommission” to the owner of the wind turbine or wind energy system. The owner shall have the right to respond to the “Notice of Decommission” within 30 days from the date of receipt. The Zoning Administrative Officer shall withdraw the “Notice of Decommission” and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind turbine or wind energy system has not been decommissioned.
(5) If the owner fails to respond to the “Notice of Decommission” or if after review by the Zoning Administrative Officer it is determined that the wind turbine or wind energy system has been decommissioned or discontinued, the owner of the wind turbine or wind energy system shall remove the wind turbine or wind energy system, tower and other related above-ground structures at the owner's sole expense within three months of receipt of the “Notice of Decommission.”
(g) Anemometer. The construction of an anemometer tower for the purpose of collecting data to develop a wind turbine or wind energy system shall conform to the following requirements:
(1) Anemometer towers shall adhere to the wind turbine or wind energy system standards as described in Section 1292.20(c), Applicability.
(2) Anemometer towers shall be installed on a temporary basis not to exceed 18 months.
(3) Anemometers must meet all applicable requirements of Section 1292.20(d), Development Standards.
(h) Insurance. The owner or operator of each wind turbine or wind energy system shall maintain a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence.
(Ord. 2012-26. Passed 6-4-12.)
1292.21 SOLAR PANEL SYSTEMS.
(a) Purpose. The City of Wapakoneta recognizes the importance of clean, sustainable and renewable energy resources. The intent of these regulations is to establish general guidelines for the location of solar panels and solar collection systems. The City recognizes that in some specific instances, under carefully controlled circumstances, it may be appropriate to permit the placement of solar panels or solar collection systems in certain areas of the City. City Council also recognizes the need to protect the safety, health and welfare of adjacent properties from unnecessary and unreasonable visual interference, noise radiation and the incorrect placement of solar panels or solar collection systems may such that they may have a negative effect on surrounding property values. As such, this section seeks to:
(1) Protect public and private property from the potential adverse impacts of solar panels or solar collection systems.
(2) Permit solar panels or solar collection systems on residential, commercial, industrial or agricultural property and review such systems, if warranted.
(3) Ensure the public health, welfare and safety of City residents in connection with solar panel or solar collection systems.
(4) Avoid potential damage to real and personal property from solar panels or solar collection systems from the failure of such structures and related operations.
(b) Definitions.
(1) “Free-standing solar panels or solar collectors.” Any solar panel or solar collection system not attached to and separate from any existing structures on the site. Free-standing solar collectors shall be considered an accessory structure and shall be subject to the requirements for such, together with all other applicable building codes and ordinances, through a conditional use review process.
(2) “Solar panels or solar collection systems.” A device or combination of devices, structures, or parts thereof, that collect, transfer, or transform director solar, radiant energy into thermal, chemical or electrical energy and that contribute significantly to a structure's energy supply.
(3) “Structurally-attached solar panel or solar collectors.” A solar panel or solar collector physically attached to an existing structure roof. Structurally-attached solar collectors shall be a permitted as an accessory use in all districts and subject to administrative review and approval.
(c) Applicability. No solar panel or solar collection system shall be constructed, erected, installed or located within the City limits until proper approval has been obtained pursuant to this Zoning Code as follows:
(1) Solar panels or solar collection systems mounted flat on the roof of a building shall be permitted as an accessory use, as governed in this section, in all zoning districts.
(2) Solar panels or solar collection systems which are freestanding, mounted on poles or other structures excluding the roof of a building, shall be conditionally permitted pursuant to Section 1252.07 in all zoning districts.
(d) Development Standards. Solar panels or solar collection systems shall conform to or be evaluated for compliance with the following standards:
(1) The proposed system is no larger than necessary to provide 120% of the electrical energy requirements of the structure to which it is accessory to as determined by a contractor licensed to install solar and photovoltaic energy systems.
(2) If roof-mounted, the solar or photovoltaic system shall:
A. Be flush mounted on the roof unless good cause is shown by the applicant during site plan review that the solar panel is not at an appropriate angle to obtain maximum sun exposure if mounted flush to the roof.
B. Be located in the most inconspicuous location on the roof so as not to be seen from the street, if possible, and still be able to function as designed.
C. Not extend higher than the peak of a sloped roof or higher than five feet from the top of a flat roof.
(3) If free-standing, the solar or photovoltaic system shall:
A. Not extend more than ten feet above the existing grade in residential districts. In all other districts, the maximum height of a solar or photovoltaic system will be determined on a case by case basis upon site plan review (Section 1292.21(g), Procedure for Review).
B. Not be located in the front yard.
C. Not be located in any required side or rear yard setback areas for accessory uses.
D. Not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.
E. Be landscaped at the base and the back of the panel structure if structure is visible from neighboring property.
(4) All signs, both temporary and permanent, are prohibited on solar panel or solar collection systems, except as follows:
A. Manufacturer's or installer's identification information on the system which shall be appropriately sized.
B. Appropriate warning signs and placards.
(5) Solar panel or solar collection systems shall comply with all applicable sections of the Ohio Building Code and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL) or an equivalent third party.
(6) All electrical wires and connections shall be located underground.
(e) Utility Connection. Solar panels or solar collection systems proposed to be connected to the local utility power grid through net metering shall adhere to Ohio R.C. 4928.67 and the current ANSI standard.
(f) Maintenance. All solar panel or solar collection systems shall be maintained in good working order.
(g) Procedure for Review. If required in Section 1292.21(c), Applicability, the following procedure shall be utilized for the review and approval of solar panels.
(1) In accordance with Section 1252.07, Conditional Uses, a solar panel or solar collection system shall be subject to receiving a conditional use permit prior to installation or modification thereof.
The issuance of a conditional use permit shall comply with the following requirements:
A. Site plan review. A site plan shall be submitted for review for free-standing solar panel or solar collection systems. The following items shall be the minimum requirements to be considered a complete application and shall include the following:
1. Property lines and physical dimensions of the applicant's property.
2. Location, dimensions and types of existing structures on the subject property and on properties directly contiguous to the subject property.
3. Location of the proposed solar panel or solar collection system, and associated equipment.
B. System specifications, including manufacturer, model, kilowatt size.
C. Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation if the system will be connected to the power grid.
D. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (typically provided by the manufacturer).
E. Compliance with all development standards as outlined in Section 1292.21(d), Development Standards.
(2) Zoning compliance. A Zoning Certificate must be obtained in accordance with Section 1252.04, Zoning Certificates.
(2) Building permit. A building permit must be obtained from the appropriate approving agency, by the Engineering Department.
(Ord. 2012-27. Passed 6-4-12.)
1292.22 GARAGE SALES.
Garage sales, including porch, patio, basement, yard, or block sales are subject to the following requirements:
(a) Hours of Operation. Garage sales may be held from 7:00 a.m. to 8:00 p.m. Outside set up and tear down may extend 60 minutes before and after sale hour limits.
(b) Length of Sales. No garage sale may extend for more than three consecutive days (or portion thereof).
(c) Number of Sales. No more than two garage sales per dwelling unit may be held on any such zoning lot in any calendar year.
(d) On-Premise Sign. One non-illuminated sign not exceeding four square feet in size, or more than three feet in height above grade may be displayed on the property where the sale is being held. Such a sign may be erected no more than 48 hours before the sale begins and must be removed within 24 hours of the conclusion of the sale.
(e) Attention-Getting Devices. Special lighting, noise making devices or other similar advertising displays or notices shall not be used to call attention to the garage sale.
(f) No permit is required for garage sales.
(g) A violation of the requirements of this section constitutes a minor misdemeanor punishable as provided in Chapter 698 of the Codified Ordinances of the City, and each day such violation is continued shall constitute a separate offense.
(Ord. 2017-49. Passed 1-15-18.)