Wauseon City Zoning Code
CHAPTER 1114
General Provisions
1114.01 CONSTRUCTION BEGUN PRIOR TO THIS ZONING CODE.
Nothing in this Zoning Code shall be deemed to require any change in plans or design use of any building upon which actual construction was lawfully begun prior to the adoption of this Zoning Code and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within one year from the date of passage of this Zoning Code or the termination of the existing permit.
(Ord. 1989-81. Passed 1-2-90.)
1114.02 BUILDINGS TO BE MOVED.
No permit shall be granted for the moving of used or existing buildings or structures from without or within the limits of the City to be placed on property within the limits unless the Administrator has made an inspection of the building to be moved and has found that it is structurally safe, will not adversely affect the character of existing buildings in the neighborhood of the new location and will fully comply with all codes regulating the health, safety and general welfare of the City. For buildings to be relocated within the City an interest bearing escrow account of sufficient amount to insure the cost of completing the building for occupancy within a period of not more than six months from the date of the permit, shall be furnished before a permit is issued. The owner shall also be required to post a certified check with the Finance Director in the amount deemed sufficient by the City Engineer and/or Public Service Director to cover any damage to streets, roads, sidewalks, or other public improvements which may occur as a result of a building being moved.
(Ord. 1989-81. Passed 1-2-90.)
1114.03 RESTORATION OF UNSAFE BUILDINGS.
Nothing in the Zoning Code shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the Administrator or required compliance with his lawful order.
(Ord. 1989-81. Passed 1-2-90.)
1114.04 EXCAVATION.
The construction, maintenance or existence within the City of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited. However, this Section shall not prevent any excavation under a permit issued pursuant to this Zoning Code, where such excavations are properly protected and warning signs posted in such a manner as may be approved by the Administrator; and this Section shall not apply to streams, natural bodies of water or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of the state, the county, the City or other governmental agency.
(Ord. 1989-81. Passed 1-2-90.)
1114.05 FILLING OPERATIONS.
No person, firm, corporation, partnership or other organization or entity shall use land for filling with material of any kind without approval of the Planning Commission. The Planning Commission may enact regulations establishing requirements for land fill.
(Ord. 1989-81. Passed 1-2-90.)
1114.06 REQUIRED STREET FRONTAGE.
Any parcel of land which is to be occupied by a use or building, other than an accessory use or buildings, shall have frontage on and direct access to a public street with a roadway which has been accepted for maintenance by the City.
(Ord. 1989-81. Passed 1-2-90.)
1114.07 VOTING PLACE.
The provisions of this Zoning Code shall not be so constructed as to interfere with the temporary use of any property as a voting place in connection with a county, municipal or other public election.
(Ord. 1989-81. Passed 1-2-90.)
1114.08 BUILDING GRADES.
Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. Grade elevations shall be determined by using the elevation at the center line of the road in front of the lot as the established grade or such grade determined by the Administrator. When a new building is constructed on a vacant lot between two existing building or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent property unless the property is part of a natural water course.
(Ord. 1989-81. Passed 1-2-90.)
1114.09 USE OF VAN BODIES, SEMI-TRAILERS AND TANDEM TRAILERS FOR STORAGE.
(a) This Section shall apply to van bodies designed for installation upon truck chassis, and unlicensed semi-trailers and tandem trailers.
(b) As authorized in this Section, van bodies, unlicensed semi-trailers, and tandem trailers may be used for storage in the following zoning districts: B-1, B-2, B-3, M-1, and M-2. Each van body, unlicensed semi-trailer or tandem trailer used for storage as authorized by this Section shall be placed in compliance with all setback, side yard or rear yard setbacks required of buildings for the applicable Zoning District.
(c) Any person desiring to use a van body, unlicensed semitrailer or tandem trailer for storage shall apply for an annual permit from the Administrator. The permit may be renewed annually thereafter upon application prior to expiration and after inspection by the Administrator to ensure continuing compliance with this section.
(1) To qualify for a permit, the exterior of each such van body, unlicensed semi-trailer or tanden trailer shall be in good condition, be painted or have an aluminum exterior and have closable doors. The van body, unlicensed semi-trailer or tandem trailer shall be mounted on fully inflated tires which are properly affixed to either the semi-trailer or tandem trailer axles or shall be placed on a secure foundation. Failure to maintain the exterior surface of a van body, semi-trailer or tandem trailer in good condition shall result in denial of a permit or of renewal of a permit.
(2) If the Administrator denies a permit or renewal application, he shall notify the applicant in writing by certified mail of the reasons for denial. Any person who is denied a permit or a renewal of a permit may appeal that denial by written notice filed within thirty days following receipt of notice denial with the Board of Zoning Appeals. The Board of Zoning Appeals shall determine the appeal in the manner authorized by Chapter 1113.
(Ord. 1989-81. Passed 1-2-90.)
1114.10 OUTDOOR STORAGE OF VEHICLES.
The outdoor storage or parking of vehicles including but not limited to automobiles, airplanes, antique racing automobiles, antique automobiles, boats, floats, rafts, snowmobiles, all terrain vehicles, trailers, camping or travel trailers, motorized homes, demountable travel equipment or the type adaptable to light duty trucks and other equipment or vehicles of similar nature, shall be prohibited for a period greater than forty-eight hours in all districts, unless the following minimum conditions are met:
(a) All such vehicles or equipment shall be placed behind the required front yard setback, except on corner lots such vehicles or equipment shall be placed behind the required setback as in Section 1134.06 of this Zoning Code.
(b) No storage or parking of such vehicles or equipment shall be allowed on any vacant lot unless the owner of such lot has obtained a conditional use permit from the Planning Commission pursuant to Section 1115.10 of this Zoning Code.
(c) Travel trailers and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and shall not be permanently connected to sanitary sewer facilities, electricity, water or gas.
(Ord. 1989-81. Passed 1-2-90.)
1114.11 MEDICAL MARIJUANA CULTIVATORS, PROCESSORS AND RETAIL DISPENSARIES.
(a) The term “medical marijuana” shall have the same meaning as in Section 3769.01(A) of the Ohio Revised Code, effective September 8, 2016.
(b) No person shall open, establish or operate any business or commercial enterprise of any kind as a cultivator, processor or retail dispenser of medical marijuana within the corporate limits of the City.
(c) No zoning clearance, permit, or other administrative approval shall be approved or issued by any administrative official of the City, nor shall any variance be approved or granted, to any person, business, or other applicant desiring or intending to operate a business or commercial enterprise engaged as a cultivator, processor, or retail dispenser of medical marijuana within the corporate limits of the City.
(d) Any use or condition caused or permitted to exist in violation of any of the provisions of this Section 1114.11
shall be and hereby is declared to be a public nuisance and may be abated by the City. (Ord. 2017-5. Passed 7-17-17.)