(a)

Permitting designations of principal uses. Certain symbols are used in Section 1141.02 (Table of Principal Uses by Zoning District) to designate whether or not a certain use listed is allowed in the various zoning districts of this Zoning Code. The following paragraphs provide an explanation of abbreviations and column headings in Section 1141.02:

(1)

Permitted uses (P). A "P" in a cell indicates that the use is permitted by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Zoning Code, including the use-specific standards set forth in this chapter, the zoning district provisions of Title Nine, and the site development provisions of Title Eleven.

(2)

Conditional uses (C). A "C" in a cell indicates that, in the respective zoning district, a use is permitted if reviewed and approved as a conditional use pursuant to Section 1135.06 (Conditional use review). Conditional uses are subject to all other applicable regulations of this Zoning Code, including the use-specific standards of this chapter, the zoning district provisions of Title Nine, and the site development provisions of Title Eleven.

(3)

Prohibited uses (Shaded). A shaded cell indicates that the listed use is prohibited in the respective zoning district.

(4)

Site plan review required (Yes, No, N/A). This column indicates whether the principal use listed is subject to site plan review pursuant to Section 1135.05 (Site plan review). The Planning Commission is responsible for reviewing site plans for both permitted uses and conditional uses.

(5)

Additional standards. Regardless of whether a use is permitted by-right or allowed as a conditional use, there may be additional regulations which apply specifically to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. These standards apply in all zoning districts unless otherwise specified.

(b)

Principal uses not listed.

(1)

Procedure to determine designation. When a principal use is not listed in Section 1141.02 (Table of Principal Uses by Zoning District), the Zoning Administrator shall convene the Board of Zoning Appeals (BZA) to make a determination as to whether the use not listed shall be allowed as a permitted or conditional use or otherwise prohibited, based on being similar or not to one or more uses listed.

(2)

Accessory use determination. The BZA may determine that the use is an accessory use, associated with a principal permitted use. Accessory uses and structures are permitted only in connection with, incidental to, and on the same lot with, a principal permitted use/structure which is permitted within such district. Accessory uses are subject to the provisions of Title Seven, Chapter 1133 (Accessory use provisions).

(c)

Uses preempted by federal statute. Uses that are required to be permitted in any zoning district by state or federal statute may be permitted in accordance with such laws whether or not the use is included in Section 1141.02 (Table of Principal Uses by Zoning District).

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18; Ord. No. O-22-36, § 1, 8-18-22; Ord. No. O-22-56, § 1, 12-1-22)

(a)

Agriculture—Raising of livestock. The keeping of chickens on a residential property is considered an accessory use, regulated by the provisions of Title Seven, Chapter 1143 (Accessory Use Provisions).

(b)

Single-family dwellings. No more than one principal structure is permitted on a single property.

(c)

Two-family dwellings. No more than one principal structure is permitted on a single property.

(d)

Multiple family dwellings.

(1)

Multi-family development which is a part of a mixed-use development proposal is encouraged to utilize the planned unit development (PUD) process outlined in Section 1159.04 (Planned unit development overlay).

(2)

In the Traditional Neighborhood (TN) District, multi-family uses are limited to a maximum of three to four units per building.

(e)

Upper story residential. Upper story residential is limited to occur in mixed-use structures only, where other principal commercial or public/institutional uses are included in the structure. Upper story residential may serve as one of multiple principal uses in the structure, but shall not be located on the first floor.

(f)

Adult group homes or large residential facilities.

(1)

The minimum lot area shall be 30,000 square feet.

(2)

All structures and activity areas, except off-street parking, shall be set back a minimum of 35 feet from all property lines.

(3)

Each individual home shall have a person or persons maintaining permanent residence in the unit to avoid shift changes and to provide the same type of use and activities otherwise typical in residences in the area.

(4)

No more than one adult group home shall be permitted within the same block or within a 500 foot radius of another adult group home.

(5)

The residential character of all structures shall be maintained.

(6)

An adult group home shall not be permitted to be constructed or operated until the agency, organization or institute supervising such home satisfies the Board of Zoning Appeals that the home and its operation will comply with all licensing or certification requirements of the appropriate state or local agency, pursuant to law.

(7)

A conditional use shall be granted for a specific type of group home. The type of home shall be defined as and by the specific nature of the individuals being treated or rehabilitated. Any change in the type of adult group home shall require a new conditional use permit.

(g)

Nursing/convalescent homes and assisted living facilities.

(1)

The minimum lot area shall be five acres.

(2)

All structures and activity areas, except off-street parking, shall be set back a minimum of 100 feet from the front property line and 40 feet from all other property lines.

(3)

The density shall not exceed 15 patient rooms per acre.

(h)

Manufactured home parks.

(1)

No zoning permit shall be issued unless a site plan for the use has first been approved in accordance with the Ohio Public Health Council rules so regarding, as administered and enforced by the Ohio Department of Health, and licensed by and in accordance with applicable rules of the State of Ohio.

(2)

All aspects of development internal to a site in a manufactured home park are subject to plan approval and subsequent licensing of the developed use, in accordance with the Ohio Public Health Council rules so regarding, as administered by the Ohio Board of Health.

(3)

Sanitary sewer, water supply and trash disposal provisions shall be designed, installed, operated, and maintained in accordance with the Ohio Public Health Council rules adopted so regarding, as administered by the Ohio Board of Health.

(4)

The design of a manufactured home park is subject to the review satisfaction of the local fire and emergency service provider, as to all applicable aspects of site development and use complying with related accessibility requirements and any other concern to such regard.

(5)

Stormwater drainage for a manufactured home park must be controlled to the satisfaction of the City Engineer.

(6)

The location and design of any required private driveway entrance from and/or exit to a public road shall be to the satisfaction of the City Engineer or the Ohio Department of Transportation (ODOT), as applicable.

(7)

The intensity of any exterior lighting relative to adjacent off-site residential use or district shall not exceed 0.2 foot-candles at the border of the manufactured home park, unless otherwise a lower threshold is specified by the Ohio Department of Health.

(8)

A manufactured home park shall contain only the following:

a.

Single-family residential use of rented or leased spaces accessed by private streets and driveways as individual sites for temporary placement of mobile homes or other types of non-permanently sited manufactured homes; or

b.

Accessory buildings and uses for the manufactured home park including, but not limited to, clubhouse, administrative office, laundry and swimming pool, and other similar on-site facilities for the exclusive use of the park residents and their guests.

(9)

A manufactured home park shall comply with all of the following minimum site and development requirements:

a.

The site shall be at least five acres in size, not including the minimum required setback specified in subsection b. below.

b.

A setback of at least 100 feet is required from any residential district or property.

c.

The site configuration shall not exceed a one-to-five ratio of width-to-depth.

d.

At least 100 feet of frontage on a public road is required.

(10)

No individual home site in a manufactured home park shall be subdivided from or sold as ownable or buildable lots independent of the overall homes park property that they are part of as a rentable or leasable space.

(i)

Telecommunications facilities.

(1)

New facility/Tower. All telecommunications facilities which do not qualify as a "micro wireless facility" shall conform to the following standards:

a.

Property and setback requirements.

1.

Towers shall be located centrally on a continuous parcel having a dimension at least equal to the height of the tower measured from the center of the base of the tower to all points on each property line.

2.

All accessories related to the tower, including but not limited to, guy wires, equipment sheds, parking, and fencing shall all be located on the same lot as the tower.

3.

Towers shall be set back a minimum of 500 feet from any off-site dwelling unless a reduced setback is approved by the Board of Zoning Appeals as part of a conditional use review of the tower.

4.

Towers shall also comply with the setback requirements of Section 1141.03(i)(1)e (Additional standards table).

b.

Co-Location and use requirements.

1.

Towers shall provide at least two co-location opportunities.

2.

The owner of such a tower shall agree to permit use of the tower by other communication service providers, on reasonable terms, so long as such use does not conflict with the applicant's and/or any other pre-existing user's use of the tower and does not violate the structural integrity of the tower.

c.

Site development standards.

1.

Existing trees and shrubs shall be maintained to the greatest degree possible to screen the view of the tower and base facility. Additionally, the perimeter of the tower and base facility shall be planted with evergreen landscaping capable of forming a continuous visual buffer at least five feet in height within two years of planting.

2.

A security fence, not less than six feet tall with a locking gate, shall enclose the equipment areas and the base of the tower. Fencing shall be set back at least 20 feet from any adjacent property line.

3.

Accessory structures, such as cabinets, are subject to the maximum building height permitted for accessory structures in the zoning district in which the facility is located.

4.

Lights, beacons, or strobes shall not be permitted on any such structures and such structures shall not be illuminated in any way, unless required by the Federal Aviation Administration (FAA).

5.

No advertising is permitted anywhere upon or attached to any such structures.

6.

Additional site development standards are shown in Section 1141.03(i)(1)e (Additional Standards Table).

d.

Required documentation and inspections.

1.

Proof shall be provided by the applicant in a form satisfactory to the Zoning Administrator that the proposed application has been approved by all agencies and governmental entities with jurisdiction, including but not limited to, the Ohio Department of Transportation (ODOT), the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), or the successors to their respective functions.

2.

Structural sufficiency of a telecommunications tower or other support structure shall be certified by an Engineer licensed in the State of Ohio. To ensure structure integrity and the health and safety of the public, telecommunications tower inspections shall, at a minimum, take place as follows:

i.

Mono-pole towers every ten years;

ii.

Lattice towers every five years; and

iii.

Guy-wire cable secured towers every three years.

3.

Structural sufficiency inspections are the sole responsibility of the tower operator of record and shall be performed by an individual or company that is a member of the National Association of Tower Erectors. Results of inspections shall be provided in writing to the Zoning Administrator; based upon the results, the City of Wilmington may require the repair or removal of a telecommunications tower.

4.

The property owner, tower owner and/or any successor or assign shall be required to notify the City of Wilmington, in writing, of the intent to abandon any tower and/or related equipment. The City of Wilmington will issue a certified mail notice to the property owner to verify the use has permanently ceased or is abandoned. Abandoned towers, including all related equipment and structures, shall be removed within 180 days after verification is confirmed the use has permanently ceased or is abandoned.

e.

Additional standards table.

(2)

Existing facility/Tower modifications.

a.

Modification of an existing facility/tower may involve one or more of the following:

1.

Co-location of new transmission equipment;

2.

Removal of transmission equipment; and/or

3.

Replacement of transmission equipment.

b.

Substantial changes.

1.

A modification request that constitutes a "substantial change" to the physical dimensions of an existing facility is required to conform to the same standards and provisions provided for new facilities/towers in Section 2.106.14(A) (New Facility/Tower Request). The Planning Commission shall approve as submitted, approve with conditions, or deny the application within 90 days after submitted to the Zoning Administrator, plus any tolling periods that may have been granted per Section 2.106.14(B)(4) (Tolling).

2.

Modifications of an existing facility are deemed a "substantial change" subject if the modification meets any of the following criteria:

i.

For towers not in the public right-of-way, the height of the structure is increased by more than ten percent or more than 20 feet, whichever is greater. For towers in the public right-of-way and all base stations, the height of the structure is increased by more than ten percent or more than ten feet, whichever is greater;

ii.

For towers not in the public right-of-way, an appurtenance added to the body of the tower would protrude by more than 20 feet from the edge of the tower or more than the width of the tower structure at the level of the appurtenance, whichever is greater. For towers in the public right-of-way and all base stations, an appurtenance added to the body of the structure would protrude by more than six feet from the edge of the structure;

iii.

Entails any excavation or deployment outside the existing site;

iv.

Would defeat the concealment elements of the eligible support structure; or

v.

Would not comply with conditions associated with site approval for the construction or modification of the eligible support structures or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in items (i) through (iv) above.

c.

Eligible facilities request. A modification request that does not constitute a "substantial change" to the physical dimensions of an existing telecommunications facility/tower, per the criteria outlined in Section 1141.03(i)(2)b.2., is considered an "Eligible Facilities Request." Eligible Facilities Requests are exempt from zoning and shall be approved by the Zoning Administrator within 60 days following submission, plus any tolling periods that may have been granted per Section 1141.03(i)(2)d. below.

d.

Tolling.

1.

The review period begins when the application is filed, and may be tolled only by mutual agreement by the Zoning Administrator and the applicant, or in cases where the Zoning Administrator determines that the application is incomplete.

2.

To toll the time frame for incompleteness, the Zoning Administrator must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application. Tolling begins on the date when such notice is mailed.

3.

Following a supplemental submission, the Zoning Administrator will notify the applicant within ten days about the completeness of the application. Subsequent notices of incompleteness shall not specify missing documents or information that was not delineated in the original notice of incompleteness. Tolling ceases on the date when the Zoning Administrator mails notice to the applicant specifying that the application is complete.

(3)

Small cell facilities.

a.

Definition. A "small cell facility" is defined as a wireless facility that meets both of the following requirements:

1.

Each antenna is located inside an enclosed structure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.

2.

All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

b.

Exemption from zoning. Small cell facilities, as defined in subsection a. above, shall be exempt from any zoning requirements; however, such facilities must comply with all other applicable codes and regulations of the City.

(j)

Adult entertainment facilities.

(1)

Distances as specified below in subsections (2)—(5) shall be measured in a straight line from the nearest wall of the proposed adult entertainment establishment to the property line of the potentially restrictive structure.

(2)

No adult entertainment facility shall be established within 1,000 feet of any area zoned for residential use, including mixed-use districts.

(3)

No adult entertainment facility shall be established within a radius of 1,000 feet of any property devoted to a school, library or educational facility, whether public or private, governmental, or commercial, if attended by persons less than 18 years of age.

(4)

No adult entertainment facility shall be established within a radius of 1,000 feet of any property devoted to a religious place of worship attended by persons less than 18 years of age.

(5)

No adult entertainment facility shall be established within a radius of 1,000 feet of any park or recreational facility attended by persons under 18 years of age.

(6)

All building openings, entries, windows, and the like for adult entertainment facilities shall be located or covered in such a manner as to prevent a view from the interior from any public area, 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.

(7)

No screens, loudspeakers, or sound equipment shall be used for any adult drive-in theater or adult motion picture theater that can be seen or discerned by the public from any public area, street, or sidewalk.

(8)

Live sex act businesses are prohibited in all zoning districts.

(k)

Automobile fueling stations.

(1)

Automotive fueling stations that are located on a corner lot shall have a minimum of 150 feet of frontage on each street;

(2)

Fuel pumps and related driveways and paved areas may be erected in a front yard, but not less than 30 feet from an existing or proposed street right-of-way.

(3)

A canopy may be constructed over the pump island(s), provided that the canopy shall extend no closer than 20 feet from an existing or planned right-of-way.

(l)

Automobile general repair.

(1)

Repair work shall be conducted completely within an enclosed building and all automobile parts, dismantled vehicles, and similar materials shall be stored within an enclosed building.

(2)

Vehicles shall not be parked or stored as a source of parts.

(m)

Bed and breakfasts.

(1)

The owner of the premises used for the bed and breakfast establishment shall reside full-time in the dwelling, or in a dwelling on an adjoining lot.

(2)

No more than four bedrooms in any dwelling may be used for bed and breakfast lodging and at least one bathroom shall be dedicated to guest use.

(3)

The owner shall keep a current register of guests including names, addresses, and dates of occupancy of all guests.

(4)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the bed and breakfast establishment that will indicate from the exterior that the building is being utilized in part for any purpose other than a dwelling unit.

(5)

Each bed and breakfast establishment shall be permitted to have one wall-mounted sign with a maximum sign area of four square feet and/or a free-standing ground sign with a maximum sign area of six square feet with a maximum height of five feet. Such signs shall not be illuminated. All signs shall be approved by the Planning Commission before installation.

(n)

Day care centers.

(1)

Outdoor play areas, tot lots, or activity centers designed to be used by children under eight years of age shall be fully enclosed by a fence subject to approval by the Planning Commission.

(2)

The parking and circulation plans shall include a drop-off/pick-up point for children.

(o)

Drive-through facilities.

(1)

A drive-through lane which serves a drive-through facility shall be subject to the same standards and provisions as an accessory drive-through use, as found in Section 1143.04(j) (Drive-throughs).

(2)

All drive-through facilities shall comply with the following:

a.

A drive-through facility shall be designed and located to minimize visual, traffic, and noise impacts on neighboring development.

b.

The drive-through facility shall be oriented to face an alley, driveway, or interior parking area, and not a street.

c.

Drive-through facility queuing areas shall be designed so that vehicles do not obstruct a driveway, fire access lane, walkway, or public right-of-way.

d.

The drive access, entry and/or exit, shall be a minimum of 50 feet from any street intersection. A traffic study addressing both on-site and off-site traffic and circulation impacts may be required.

(3)

The following regulations shall apply to any and all drive-through facilities adjacent to a residential use or district:

a.

Audible communication devices shall be a minimum of 100 feet from an adjacent residential use or district and/or a suitable acoustical barrier erected.

b.

The drive-through lane shall be located on the site to maximize the distance from residential uses or districts.

c.

Drive lanes designated for drive-through facilities shall not be located immediately adjacent to residential development.

d.

Drive-through facilities may only be operated between the hours of 7:00 a.m. and 9:00 p.m.

(p)

Kennels or animal shelters.

(1)

All structures and activities related to the subject kennel use shall be located a minimum distance of 100 feet from side and rear property lines.

(2)

All non-soundproofed structures or area where animals are confined shall be located a minimum distance of 500 feet from any residential district.

(3)

Soundproofed, air-conditioned buildings shall be located a minimum distance of 100 feet from any residential district.

(4)

All non-soundproofed structures for the confinement of animals shall be screened by a solid fence or wall a minimum of six feet in height located within 50 feet of the structure.

(5)

Animals shall be confined in an enclosed building between the hours of 10:00 p.m. and 6:00 a.m. of the following day.

(6)

There shall be no burial or incineration of animals on the premises.

(q)

Self-storage facilities.

(1)

All items shall be stored within a building.

(2)

Buildings shall not exceed one story, with a maximum height of 22 feet.

(3)

No door shall exceed 15 feet in either height or width.

(4)

Access to the facility shall be limited to one entrance and one exit per abutting street.

(5)

Loading and unloading of storage units shall be oriented toward the side and rear lot lines.

(r)

Short term rentals.

(1)

The maximum number of guest rooms is five.

(2)

The property owner must obtain a license from the City to operate a short term rental.

(s)

Solar panels.

(1)

Solar energy equipment shall be set back 20 feet from all property lines.

(2)

Ground-mounted solar energy equipment shall be limited to a maximum height of ten feet and shall be screened from the public right-of-way.

(3)

A ground-mounted solar energy system shall require a site plan review.

(4)

Non-functioning solar energy equipment shall be removed within three months of becoming nonfunctional.

(5)

The system's apparatus shall be properly maintained to prevent both unsightly and unsafe conditions.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18; Ord. No. O-22-36, § 2, 8-18-22)

(a)

Permitting designations of accessory uses. Certain symbols are used in Section 1143.02 (Table of Accessory Uses by Zoning District) to designate whether or not a certain use listed is allowed in the various zoning districts of this Zoning Code. The following paragraphs provide an explanation of abbreviations and column headings in Section 1143.02:

(1)

Permitted uses (P). A "P" in a cell indicates that the accessory use is permitted by-right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Zoning Code, including the use-specific standards set forth in this chapter, the zoning district provisions of Title Nine, and the site development provisions of Title Eleven.

(2)

Conditional uses (C). A "C" in a cell indicates that, in the respective zoning district, an accessory use is permitted if reviewed and approved as a conditional use pursuant to Section 1135.06 (Conditional use review). Conditional uses are subject to all other applicable regulations of this Zoning Code, including the use-specific standards of this chapter, the zoning district provisions of Title Nine, and the site development provisions of Title Eleven.

(3)

Prohibited uses (Shaded). A shaded cell indicates that the listed accessory use is prohibited in the respective zoning district.

(4)

Yards allowed. This column identifies which yards (front, side, rear) the listed accessory use is allowed, or may specify another type of location where the use is allowed. See also Section 1151.03(f) (Yards).

(5)

Counts toward max. number of accessory structures. Certain accessory uses which are incidental to a principal residential use (e.g. single-family dwellings, two-family dwellings, etc.) are subject to maximum number restrictions. This column indicates whether the accessory use listed is subject to the provisions of Section 1143.03 (Maximum number of accessory structures).

(6)

Additional standards. Regardless of whether a use is permitted by-right or allowed as a conditional use, there may be additional regulations that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. These standards apply in all zoning districts unless otherwise specified.

(b)

Accessory uses not listed. When an accessory use is not listed in Section 1143.02 (Table of Accessory Uses by Zoning District), the Zoning Administrator shall convene the Board of Zoning Appeals to make a determination as to whether the accessory use not listed shall be allowed or otherwise prohibited, in accordance with the provisions of Section 1135.06 (Conditional use application).

(c)

General standards. All accessory uses and structures must comply with the following requirements:

(1)

The building or use is incidental to and customarily found in connection with a principal building or use permitted in the district in which it is located;

(2)

The use is subordinate to and serves the principal building or use;

(3)

The use is subordinate in size, area, extent, and purpose to the principal building or use;

(4)

The use is located on the same lot as the principal use for which it serves;

(5)

An owner applies for and receives a zoning permit unless exempted by this chapter;

(6)

Accessory structures that are used to house vehicles shall be located so access can be made to the accessory structure over a paved surface such as a driveway.

(7)

Accessory structures/uses which are attached to, or contained within, a principal structure shall comply with the principal use height and setback requirements of the zoning district wherein located, unless otherwise specified. Detached accessory structures shall comply with the accessory use height and setback requirements of the zoning district wherein located. District setback requirements for principal and accessory uses can be found in Title Nine (Zoning district provisions).

(8)

Accessory structures and uses shall be allowed in any yard (front, side, or rear), unless otherwise specified.

(9)

Accessory buildings or structures located on residential premises shall comply with the following:

a.

For accessory buildings or structures of 200 square feet or less, the structure shall consist of a finished pitched roof surface or standing seam metal, seal-tab asphalt shingles, clay tile, slate or wood shingles and shall include other finish surfaces of wood, brick, stone, vinyl, or any combination thereof.

b.

For accessory buildings or structures greater than 200 square feet, the structure shall be architecturally consistent with the character of the house of the premises including roof material, roof pitch, and façade material and color.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)

¹ A Zoning Permit is required, unless otherwise determined by the BZA.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18; Ord. No. O-22-56, § 2, 12-1-22)

(a)

Applicability. This section applies only to accessory structures and uses which are associated with a principal residential use (e.g. single-family dwellings, two family dwellings, etc.), as listed in Section 1141.02 (Table of Principal Uses by Zoning District).

(b)

Table of requirements. Accessory structures, including detached garages and car ports, shall be permitted as an accessory use to principal residential use structures in any zoning district in accordance with the following requirements:

*1 to 3 acres: Includes lot sizes which are less than or equal to three (3) acres, but greater than one (1) acre.

*3 to 5 acres: Includes lot sizes which are less than or equal to three (3) acres, but greater than one acre.

*Maximum Total Footprint as a Percentage of Principal Structure: The total footprint of all accessory structures on a lot shall not exceed the percentage of the principal structure footprint as shown for each lot size category.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)

(a)

Accessory dwelling units.

(1)

Standards. One accessory dwelling unit is allowed per lot in conjunction with an owner-occupied single-family residential unit (elsewhere in this section referred to as the "primary dwelling unit"), in accordance with the following requirements:

a.

The accessory dwelling unit is located entirely within the principal structure, or within a detached accessory structure. In the case of such a unit being located within a detached accessory structure, such structure shall be subject to the same zoning district setback requirements as the principal structure.

b.

The accessory dwelling unit must share the same address and utility bill as the primary dwelling unit.

c.

Off-street parking is sufficient to accommodate all occupants of both the primary dwelling unit and accessory dwelling unit.

d.

The secondary dwelling unit's maximum living space shall be 50 percent of the total living space of the primary dwelling unit, but at no time shall exceed 1,500 square feet of living space.

e.

Mobile homes, recreational vehicles, and travel trailers shall not be used as accessory dwelling units.

f.

Exterior building materials shall be durable, of the same, or higher, quality as surrounding development, and shall not adversely impact adjacent uses.

g.

Accessory dwelling units shall not be sold apart from the principal dwelling unit.

h.

Accessory dwelling units shall not be leased or rented.

i.

Home occupations shall be prohibited within an accessory dwelling unit.

(2)

Floor plans required. For accessory dwelling units located within the principal structure, floor plans showing separation between the primary dwelling unit and accessory dwelling unit must be submitted for review and approval in accordance with the zoning permit review process specified in Section 1135.04 (Zoning permit application).

(3)

Conditional use limit. Another conditional use may be approved on the same lot as an approved secondary dwelling unit (a secondary dwelling unit subject to the conditional use process shall not be counted toward the maximum conditional use allowance per Section 1135.06(d)(2)(i)).

(b)

Agricultural buildings. Accessory buildings (barns, etc.) used for agricultural purposes shall only be permitted on properties where a principal agriculture use is established.

(c)

Amateur radio antennas.

(1)

Non-commercial amateur radio antenna structures are permitted in compliance with the following standards:

a.

The structure is for use by licensed amateur radio operators.

b.

Such tower shall not exceed 100 feet in height, except by conditional use permit.

c.

The construction shall be of such type as may be required by the City to form a safe and durable structure.

d.

Components of the antenna shall not be permitted to extend across the property line of the property on which the antenna is located.

e.

The antenna structure shall be set back a distance equal to the height of the tower plus an additional 20 feet.

(2)

Amateur radio antennas do not require a zoning permit.

(d)

Automated teller machines (ATMs).

(1)

ATMs are permitted when they are constructed of the same or better materials as the principal structure.

(2)

No part of an ATM structure shall exceed 15 feet in height unless the ATM is built into the side of the principal structure.

(3)

All structures and activity areas, except off-street parking, shall be set back a minimum of 50 feet from all property lines abutting a residential zoning district and minimum of 35 feet from all other property lines.

(4)

All ATMs that are built into a drive-through facility shall be subject to the requirements of Section 1171.05 (Vehicle stacking requirements).

(5)

To the maximum extent feasible, ATMs shall be located in the side or rear yard.

(e)

Commercial vehicle parking on residential premises.

(1)

On lots less than five acres, one commercial vehicle (with or without a connected trailer) not exceeding 13 tons combined gross vehicle weight may be parked in an unenclosed area.

(2)

On lots greater than or equal to five acre, two commercial vehicles (with or without connected trailers) each not exceeding 13 tons combined gross vehicle weight, may be parked in an unenclosed area.

(3)

The parking of commercial vehicles on residential premises does not require a zoning permit.

(f)

Community gardens.

(1)

Community gardens are permitted in any yard.

(2)

The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.

(3)

The Zoning Administrator shall have on file the name and telephone number of the owner and any person designated as the person in-charge of garden coordination along with a copy of the operating rules.

(4)

The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

(5)

There shall be no retail sales on site, except for produce grown on the site.

(6)

Benches, bike racks, raised/accessible planting beds, picnic tables, seasonal farm stands, garden art, and rain barrel systems are permitted.

(g)

Decks, porches, and unenclosed patios. Decks, porches, and patios shall meet all applicable safety and building codes.

(h)

Detached garages or carports.

(1)

Garages/Carports which are an integral part of a principal building and not separated by a porch, walkway, breezeway, or other similar structure shall not be subject to the accessory use provisions for detached garages/carports; such uses shall be considered part of the principal building and shall be subject to the principal structure standards of the applicable zoning district.

(2)

Garages/Carports located within five feet of a principal structure and connected by a permanently enclosed porch, walkway, breezeway, or other similar structure, shall still be considered part of the principal building and shall be subject to the principal structure standards of the applicable zoning district.

(3)

Garages/Carports located more than five feet from a principal structure shall be considered detached accessory buildings and thus subject to the accessory use standards of this chapter, even if the garage/carport is connected by a permanently enclosed breezeway, walkway, or other similar structure. Such structures shall not be located in the front yard - however, an exception to this standard is made for corner lots, where a garage/carport may be located in the front yard on the non-address side of the property.

(4)

Garages/Carports shall comply with the architectural standards of Section 1143.01(c)(9), as well as all other applicable standards.

(i)

Detached storage/utility sheds. Detached storage/utility sheds shall not be located in the front or side yards.

(j)

Drive-throughs. A drive-in or drive-through service lane shall satisfy the following requirements:

(1)

Development and operation requirements.

a.

Stacking requirements specified in Section 1171.05 (Vehicle Stacking Requirements) shall be provided and shall not prevent obstruction of any street, sidewalk or sight-distance;

b.

Ingress and egress shall only be permitted from an internal private driveway serving the principal use of the site;

c.

All access driveway intersection(s) of public streets shall only be permitted to the allowance, design and construction specifications of the City Engineer or the Ohio Department of Transportation (ODOT), as applicable;

d.

The location shall not impair or obstruct provision of emergency services of the site, as determined to the satisfaction of the Fire/EMS Department;

e.

The turning radius of any curve in a driveway lane shall be sufficient to require only forward movement; i.e., no backing up to get through any curve in the drive-through lane.

(2)

Facility support requirements.

a.

Signage shall comply with requirements specified in Title 11, Chapter 1173 (Signs), except for the following menu board and clearance sign provisions:

1.

May have two-way audio communication broadcasting;

2.

Limited to 48 square feet;

3.

Shall not exceed eight feet in height with the exception of clearance signs and they may be determined by the height and width of the structure or opening to be protected; and,

4.

Shall not be visible or audible from any off-site residential use or district.

b.

A buffer shall be provided to prevent visual, noise and light impact, if no such requirements are specified in Title 11, Chapter 1165 (Buffering and Landscaping).

c.

The height and width of vehicles the facility can accommodate shall be posted.

(k)

Drop-off boxes.

(1)

Drop-off boxes and dumpster style recycling collection containers for public use are permitted in accordance with the following standards:

a.

One drop-off box may be located in any yard area, but shall not be located in any area that is required to be landscaped.

b.

Drop-off boxes must be placed on a hard paved surface and located outside of driveways and parking spaces required in accordance with Title 11, Chapter 1171 (Parking and Circulation).

c.

Drop-off boxes must be enclosed per the requirements of Section 1165.09 (Screening requirements) if not kept in a clean, new appearing condition. Drop-off boxes which are not kept within an enclosure shall not have dents, any deformation to the outside painted surface, any dirt or residue on the outside surface, graffiti, etc.

d.

No more than three boxes may be kept on a single site.

e.

If two or three drop-off boxes are kept on a site, all boxes shall be kept within a common enclosure in conformance with Section 1165.09 (Screening requirements). The common enclosure for multiple boxes shall not be located in any area that is required to be landscaped, nor shall it be located in the front yard.

f.

Each drop-off box shall be limited in size to ten cubic yards and shall have a lid.

(2)

The installation of drop-off boxes does not require a zoning permit.

(3)

Trash/garbage collection areas and recycling collection containers for private on-site use are not considered "drop-off boxes" and are instead subject to the provisions of Section 1143.04(r) (Outdoor trash container enclosures).

(l)

Electric charging stations—Levels 1—3.

(1)

Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.

(2)

Electric vehicle charging stations located within parking lots or garages may be included in the calculation of the minimum required parking spaces.

(3)

Each electric vehicle charging station located in a non-residential district shall be posted with signage indicating that the space is only for electric vehicle charging purposes. Wayfinding signs conveniently located to guide motorists to the charging stations are permitted with approval from the Zoning Administrator.

(4)

The following information shall be posted at all electric vehicle charging stations:

a.

Voltage and amperage levels;

b.

Hours of operation if time limits or tow-away provisions are to be enforced by the property owner;

c.

Usage fees;

d.

Safety information;

e.

Contact information for reporting when the equipment is not operating or other problems;

(5)

Equipment for electric vehicle charging stations shall comply with the following standards:

a.

Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging stations shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

b.

Charging station outlets and connectors shall be no less than 36 inches and no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

c.

Equipment shall be protected by wheel stops or concrete-filled bollards.

(m)

Home occupations.

(1)

The purpose of the home occupation provisions is to allow for home occupations that are compatible with the neighborhood in which they are located. Home occupations are allowed as either a permitted use or a conditional use in accordance with this section.

(2)

Home occupations which comply with the following standards shall be permitted, and shall require a zoning permit in order to establish and maintain such uses:

a.

A home occupation shall be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling.

b.

Home occupations shall not use more than 25 percent of the floor area used for human occupancy.

c.

No home occupation shall be conducted in any accessory building, although an accessory structure no larger than 200 square feet may be used for storage.

d.

There shall be no outside storage of equipment, vehicles, or supplies associated with the home occupation, except as provided in Section 1143.04(e) (Commercial vehicle parking on residential premises).

e.

There shall be no display of products visible in any manner from outside of the dwelling.

f.

There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.

g.

Not more than one person, who is not a resident of the premises, may participate in the home occupation as an employee or volunteer.

h.

There shall be no clients or customers visiting the site.

i.

No sign, other than one non-illuminated nameplate, five square feet in area and mounted flat on the front face of the dwelling or on a driveway lamppost, shall be erected or maintained on the premises.

j.

No equipment or process shall be used in such home occupation, which creates noise, vibrations, glare, fumes, odors or electrical interference detectable off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in the voltage off the premises.

(3)

Should a home occupation be proposed which deviates from one or more of the standards and requirements listed above in subsection (B), the home occupation shall be subject to the conditional use process with the BZA. The BZA may choose to approve, deny, or approve with additional conditions, the proposed home occupation based on impacts to surrounding properties and the character of the existing neighborhood.

(4)

The following home occupations shall be prohibited:

a.

Homes that serve as a gathering point for employees engaged in the business that takes place off premises. This may include, but is not limited to, landscape business offices, construction offices, or a trucking business where drivers or employees gather at the home before being dispatched from the home for the purposes of the home occupation;

b.

Home occupations that involve the use or storage of tractor trailers, semi trucks, or heavy equipment such as construction equipment used in a business, except as provided in Section 1143.04(e) (Commercial vehicle parking on residential premises);

c.

Home occupations that require fire safety inspections, precautions or permits or other regulatory inspections or permits involving public health and safety;

d.

Home occupations that require the use of mechanical ventilation systems to exhaust hazardous by-products of the home occupation; or

e.

Home occupations that involve the use of controlled substances.

(n)

Keeping of chickens.

(1)

The keeping of up to ten chickens is permitted provided that:

a.

The principal use is a single-family dwelling;

b.

No person shall keep any rooster;

c.

No person shall slaughter any chickens for commercial sales;

d.

The chickens shall be provided with a covered enclosure for protection from the elements;

e.

Chickens must always be confined within a fenced area of the yard at all times; and

f.

A covered structure or fenced area shall be located no closer than 25 feet to any residential structure on an adjacent lot, or shall comply with the accessory structure setbacks of the applicable zoning district, whichever is greater.

(2)

The keeping of chickens does not require a zoning permit.

(o)

Keeping of miniature pigs.

(1)

The keeping of miniature pigs shall comply with Section 505 of the Wilmington Codified Ordinances.

(2)

All swine not defined as a miniature pig in Section 505 of the Wilmington Codified Ordinances are prohibited within the City.

(3)

The keeping of miniature pigs does not require a zoning permit.

(p)

Outdoor dining.

(1)

Outdoor cafes and food service areas shall be designated on the site plan.

(2)

If no grade separation is provided between vehicular traffic and the outdoor café or food service area, permanent railings or fencing shall be provided around the café or food service area.

(3)

Umbrellas that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.

(4)

Enclosing outdoor cafes or food service areas either by a permanent roof or to expand the existing structure shall meet all requirements of a building within the applicable zoning district and shall require the issuance of a zoning permit.

(q)

Outdoor sales, display, and storage.

(1)

Purpose. The purpose of these regulations is to ensure the proper use of land for outdoor displays, sales, and storage so as to minimize impacts on surrounding property owners and uses.

(2)

Applicability. The provisions of this section shall apply to all uses except single-family dwellings, two-family dwellings, and uses exempted pursuant to subsection (3) below.

(3)

Exemptions. The following uses where the outdoor displays and sales are the permitted principal use of the lots shall be exempt from these regulations:

a.

Outdoor display, sales, and storage areas approved as part of a site plan prior to the effective date of this Zoning Code;

b.

Automotive sales or rental;

c.

Greenhouses;

d.

Temporary sales on a lot;

e.

Tool rental or sales facilities; and

f.

Similar uses as determined by the Planning Commission during site plan review.

g.

Uses integral to the permitted principal use of the lot as determined by the Zoning Administrator. Such determination may be appealed to the Board of Zoning Appeals.

(4)

General standards. All outdoor sales, display, and storage areas shall require a zoning permit and shall be illustrated on the corresponding site plan unless exempted in subsection (C) above.

a.

Outdoor sales, display, and storage areas shall not be located in any required setback, parking and circulation area, right-of-way, or required landscape or buffer area.

b.

Such sales, display, and storage areas shall be prohibited if they will create any safety hazard for pedestrians. A minimum pathway in areas used for outdoor displays, sales, and storage shall be provided to allow for the flow of pedestrian traffic outside of designated vehicular traffic drives. Such pathways shall have a minimum clearance width of four feet, or the width required to meet the minimum standards of the Americans with Disabilities Act or the City of Wilmington Building Code, whichever is greater.

c.

Where screening or security fencing is provided or required, decorative cast iron, aluminum, wood material, or materials used in the principal building, shall be used for the fencing. Other materials may be permitted with the approval of the Planning Commission.

d.

Chain link fencing shall be permitted only where the fencing is not visible from any public right-of-way.

e.

All outdoor sales, display, and storage areas shall be maintained free of garbage and other debris.

f.

Outdoor sales, display, and storage areas shall be limited to five percent of the gross floor area of the principal structure.

(5)

Standards for outdoor sales and displays. Outdoor sales and displays may be permitted where such sales and display areas comply with the following requirements:

a.

Outdoor sales and displays are prohibited on vacant lots unless approved in advance by the Planning Commission as a temporary use.

b.

Outdoor sales and displays may be permitted provided that the merchandise is displayed along the sidewalk, the walkway adjacent to the building, or in the side yard;

c.

Outdoor displays and sales of bulk or large products that exceed 20 pounds, including, but not limited to mulch (bag or bulk), concrete, salt, or other similar products that cannot be easily carried into the store for purchase shall be required to meet the requirements of subsection (6).

(6)

Standards for outdoor storage areas. Outdoor storage areas may be permitted where such storage areas comply with the following regulations:

a.

Outdoor storage shall be prohibited on vacant lots.

b.

Outdoor storage may be permitted provided that the storage areas are located in the side or rear yard.

c.

Storage of any goods or materials shall not exceed six feet in height unless the storage is fully screened by a wall that is architecturally compatible with the main structure in material type and color.

d.

All outdoor storage areas shall be screened from view from the public right-of-way by a six-foot fence or in conformance with subsection (D) above unless screened by an architecturally compatible wall as provided for in paragraph c. above.

e.

Screening shall not be required if the outdoor storage area is located out of view from any public right-of-way.

f.

In all residential zoning districts, the outdoor storage of wood used for fireplaces, fire pits, smokers, etc., shall be stored in the rear yard a minimum of ten feet from any lot lines. Stacked wood shall not exceed four feet in overall height unless stored within a fully enclosed accessory structure located on the property or enclosed by a privacy fence tall enough to effectively conceal its elements from off-street views at ground-level.

(r)

Outdoor trash container enclosures. Trash and/or recycling container areas on non-residential and multifamily residential use sites shall be located in the side or rear yard and are subject to Section 1165.09 (Screening requirements).

(s)

Radio and television antennas. Radio, television, or other similar receiving dish, antenna, or structure, shall not be located closer to the street than the front building line and does not require a zoning permit.

(t)

Residential recreational equipment/facilities. Outdoor recreation facilities, including game courts (e.g. tennis courts, basketball courts, etc.) and play structures (e.g. play sets, tree houses, trampolines, etc.), are subject to the following:

(1)

The facility shall be located in the rear and/or side yard and shall be set back ten feet from any adjacent property line.

(2)

The use does not create a nuisance, disturb the peace, or result in a health or safety violation as reported to, acted upon by, an enforcement authority.

(3)

Trampolines must be secured to the ground in a way which withstands normal weather patterns.

(u)

Roadside stands.

(1)

Roadside stands shall only be permitted for the sale of products grown on the premises.

(2)

Roadside stands shall be set back a minimum of 30 feet from the road right-of-way.

(3)

Roadside stands shall not exceed 100 square feet in floor area.

(v)

Satellite dishes.

(1)

Satellite dishes that are one meter (3.28 feet) in diameter or less shall be subject to the following standards:

a.

Such dishes shall not require a zoning permit.

b.

To the maximum extent feasible, such dishes should be located to the side or rear of a structure. However, the City shall not have the authority to prevent the location of these smaller satellite dishes in the front yard.

(2)

Satellite dishes that exceed one meter (3.28 feet) in diameter shall be subject to the following standards:

a.

Installation of these satellite dishes shall require a zoning permit.

b.

Satellite dishes may be erected or installed on the ground of any property.

c.

Roof mounting of dishes is only permitted in Business Districts.

d.

Ground-mounted satellite dishes shall be set back a minimum of ten feet from all lot lines.

e.

Satellite dishes shall be prohibited in the front yards of any property on which it is located.

f.

The maximum height of the satellite dish shall be 15 feet as measured from the average grade.

g.

The maximum diameter of the satellite dish shall be 12 feet.

(w)

Short term rentals.

(1)

Accessory short-term rentals are permitted as either of the following:

a.

Rentals within an owner-occupied principal single-family dwelling (e.g. a spare bedroom); or

b.

A single unit within a principal two-family dwelling, where both units are under the same ownership and the other unit is occupied by the owner.

(2)

The maximum number of guest rooms for any accessory short-term rental is three.

(3)

The maximum number of guests at any one time is six.

(4)

Common bathroom facilities may be provided rather than private baths for each room.

(5)

The property owner must be present during guest stays and must obtain a license from the City to operate a short-term rental.

(x)

Solar panels.

(1)

Solar energy equipment shall be set back 20 feet from all property lines and shall meet principal building height requirements for the district.

(2)

Ground-mounted solar energy equipment shall be limited to a maximum height of five feet and shall be located in the rear yard or side yard and screened from the public right-of-way.

(3)

A ground-mounted solar energy system shall count toward the maximum number of accessory structures permitted on the property and shall require a zoning permit.

(4)

Non-functioning solar energy equipment shall be removed within three months of becoming nonfunctional.

(5)

The system's apparatus shall be properly maintained to prevent both unsightly and unsafe conditions.

(y)

Swimming pools, community.

(1)

Swimming pools shall be surrounded by a wall or fence not less than six feet in height with access gates that are lockable, self-closing, and self-latching and shall be maintained in good condition.

(2)

Pumps, filtering equipment, and other appurtenances shall be located at least 200 feet from off-site property lines.

(3)

Community and public pools and all related supportive installations, such as restrooms, changing rooms, food service, and eating areas must satisfy the construction and operation requirements of the Ohio Department of Health.

(z)

Swimming pools, private.

(1)

Swimming pools shall be located only in the side or rear yard and shall be set back 20 feet from any adjacent property line. This setback shall be measured from the edge of the pool water.

(2)

Swimming pools shall be surrounded by a wall or fence not less than four feet in height with access gates that are lockable, self-closing, and self-latching and shall be maintained in good condition. The fencing requirement does not apply to residential swimming pools that:

a.

Are installed with a retractable rigid cover, tested per ASTM Standard F 1346; or

b.

Are above ground pools with sides greater than four feet in height and the access point is secured in one of the following ways:

1.

With a fence that has a lockable, self-closing, and self-latching gate; or

2.

With a removable ladder or a ladder that swivels and latches in a position so that all parts of the ladder are above four feet in height and capable of being locked.

(aa)

Wind energy conversion system, small.

(1)

The minimum lot area is two and a half acres. However, if the proposed turbine is attached to a building and the turbine (to the top of the blades) does not exceed the maximum building height requirement of the applicable zoning district, there shall be no minimum lot area requirement.

(2)

The maximum height of a stand-alone system shall be 150 feet from natural grade to the top of an extended rotor blade.

(3)

All portions of the system's support structure must, meet the setback requirements normally required for principal structures in the applicable zoning district. Systems must also be set back a minimum distance equal to 110 percent of the height of the system, as measured to the top of the rotor blades, from all property lines.

(4)

Only a single tower and single turbine shall be permitted on a property. Multiple turbines may be permitted with a conditional use permit if attached to a non-residential building and if the diameter of the rotor is less than six feet.

(5)

Climbing access to the tower structure shall be limited by

a.

Placing fixed climbing apparatus no lower than ten feet from the ground; and

b.

Placing a six foot tall fence or shielding around the system.

(6)

Systems shall be of a scale intended for on-site power consumption and shall not be designed to produce energy to sell to electric providers. This regulation shall not prohibit a property owner that is installing a small wind energy conversion system from connecting to the local electric system if mandated by the electric provider for the purposes of safety.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18; Ord. No. O-22-56, § 2, 12-1-22)

This section allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and special events shall not involve the construction or alteration of any permanent building or structure.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)

This section consists of the table below. All temporary uses or structures are also subject to the requirements listed in Section 1145.03 (Temporary use standards), as well as any additional standards indicated in the table. Any other temporary use or structure not listed in the table may be brought forward for as a conditional use to the BZA.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)

(a)

General standards.

(1)

General requirements. All temporary uses or structures shall:

a.

Obtain a zoning permit if required by Section 1145.02 (Table of Temporary Uses);

b.

Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

c.

Be compatible with the principal uses taking place on the site;

d.

Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;

e.

Not include permanent alterations to the site;

f.

Not maintain temporary signs associated with the use or structure after the activity ends;

g.

Not violate the applicable conditions of approval that apply to a site or use on the site;

h.

Not interfere with the normal operations of any permanent use located on the property;

i.

Not encroach on established landscaped areas of developed sites; and

j.

Comply with the same district height and setback requirements as accessory uses, unless otherwise specified.

k.

Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement.

(2)

Public property exemption. Publicly-owned land and property shall be exempt from the requirements of this chapter.

(b)

Construction dumpster.

(1)

Temporary trash receptacles or dumpsters shall be permitted provided the use is:

a.

Located outside the public right-of-way;

b.

Located to the side or the rear of the site, to the maximum extent feasible;

c.

Located as far as possible from lots containing existing development;

d.

Not located within a floodplain or otherwise obstruct drainage flow; and

e.

Not placed within five feet of a fire hydrant or within a required landscaping area or buffer.

(2)

All dumpsters/receptacles shall be removed within 30 days after issuance of the last certificate of occupancy for the development.

(c)

Construction trailer.

(1)

Construction trailers may be permitted on a construction site provided that the trailer is:

a.

Located on the same site or in the same development as the related construction;

b.

Not located within a required open space set-aside or landscaping area or buffer; and

c.

Associated with development subject to a valid building permit.

(2)

All construction trailers shall be removed within 30 days after issuance of the last certificate of occupancy for the development.

(d)

Mobile food vending.

(1)

The provisions for mobile food vending in this Zoning Code shall not apply to those operating in the public right-of-way, inclusive of streets and/or sidewalks in such right-of-way.

(2)

Mobile food vendors are prohibited on all residential properties and in all residential districts, except when operating as part of a temporary special event involving multiple vendors. This provision does not apply to food trucks, such as ice cream trucks, which are operating in the public right-of-way.

(3)

Mobile food vendors which are parked and operating on a private property for a duration lasting ten days or less are permitted and do not require a temporary zoning permit.

(4)

Mobile food vendors which are parked and operating on a private property for a duration lasting longer than ten days do require a temporary zoning permit. The applicant shall specify in their application the duration of the requested permit, not to exceed 30 days. The total cumulative number of days a food truck may be parked and in operation on a single parcel of property annually shall not exceed 30 days.

(5)

Mobile food vendors which are parked and operate on a private property longer than 30 days are prohibited.

(e)

Home sales. Home sales shall comply with Chapter 725 of the Wilmington Codified Ordinances.

(f)

Gravel surface parking lots.

(1)

A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved site plan.

(2)

A solid surface or gravel access drive shall be provided so vehicles may access the parking lot from a public street.

(g)

Real estate sales office/model homes.

(1)

One temporary real estate sales office or model home per builder or developer shall be permitted in a section or phase of a new residential or non-residential development.

(2)

The office/home shall be located on a platted lot.

(3)

The office/home shall be aesthetically compatible with the character of surrounding development in terms of exterior color, predominant exterior building materials, and landscaping.

(4)

The office/home must be operated by a developer or builder active in the same phase or section where the use is located.

(5)

Once the section or phase of the development that the office/home serves is 85 percent occupied, the use must either be removed or converted into a permanent residential use consistent with the principal use requirements of this Code.

(h)

Seasonal agricultural sales.

(1)

Seasonal agricultural sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, may be permitted in accordance with the following standards:

a.

The property contains an area not actively used that will support the proposed temporary sale of products without encroaching into or creating a negative impact on existing vegetated areas, open space, landscaping, traffic movements, or parking space availability.

b.

The sale of goods shall not occur within the public right-of-way, or within 200 feet of a dwelling.

c.

The range of goods or products available for sale shall be limited to non-processed products obtained primarily through farming or agricultural activities, including, but not necessarily limited to: pumpkins; grains and seed crops; fruits of all kinds; vegetables; nursery, floral, ornamental, and greenhouse products; trees and forest products, including Christmas trees, and firewood; bees and beekeeping products; seafood; and dairy products.

d.

The hours of operation of the seasonal sale of agricultural products shall be limited to hours between 7:00 a.m. to 10:00 p.m., or the same hours of operation as a principal use on the same lot, whichever is more restrictive.

(2)

Only one seasonal agricultural sale activity shall be permitted on any single lot. Farmers markets or other similar temporary activities whether more than one person or group is selling seasonal agricultural products shall be permitted on City-owned property with approval from the City of Wilmington.

(3)

There shall be a minimum of four parking spaces available to serve the seasonal agricultural sales.

(4)

Seasonal agricultural sales or produce sold on the same property where such produce is grown shall not be subject to the standards in this section. Such sales may be subject to Section 1143.04(u) (Roadside stands), if a structure is to be used for the sale of the produce.

(i)

Temporary special events.

(1)

A zoning permit shall be required for temporary special events on privately owned property such as festivals, circuses, concerts, and similar uses when such event must meet all of the following criteria:

a.

Will last more than one day;

b.

Is designed to attract more than 40 people to a property in a residential district or more than 100 people to a property in a business or mixed-use district; and

c.

Is open to the public, for free or for a fee.

(2)

The zoning permit shall be valid for no more than two weeks, provided the applicant receives all other applicable permits from the City of Wilmington.

(3)

The application for a zoning permit may be subject to review by the City's police department, fire department, or other staff for the purpose of establishing specific conditions that may be necessary to protect the public health, safety, and welfare (e.g., traffic flow, emergency access, public safety, waste collection and disposal, etc.).

(4)

The Zoning Administrator shall have the authority to deny the application by recommendation of the police department, fire department, or other staff if the event or related impacts will pose a threat to the public health, safety, and welfare. The Zoning Administrator may allow the applicant to offer mitigating measures to address the City's concerns for approval prior to the formal denial of the application. In denying the application, the Zoning Administrator shall provide written reasons for the denial.

(j)

Temporary storage in a portable container. Portable storage containers (e.g. PODS™) that are loaded with materials and placed on a property for the purpose of temporarily storing materials shall be permitted in accordance with the following requirements:

(1)

Portable storage containers shall be kept in the driveway of the property at the furthest accessible point from the street. The location of the portable storage container on a driveway shall not obstruct visibility nor block the sidewalk. If no driveway is present, containers shall be located within the side or rear yard and no closer than ten feet to any lot line.

(2)

No more than one portable storage container shall be placed on any residential parcel at one time.

(3)

The Zoning Administrator, upon good cause shown, may approve a one-time extension of the zoning permit for an additional 14 consecutive days. Portable storage containers shall not be located on any parcel for a period exceeding 44 days per calendar year.

(k)

Temporary structure for institutional uses. Temporary structures serving public or institutional uses shall comply with the following standards:

(1)

The use shall be located to the side or rear of the principal structure(s) and at least five feet from any other structure.

(2)

The use shall meet all minimum setback requirements and shall not be located within required off-street parking, open space set-aside, or required landscaping areas.

(3)

Under skirting or other materials shall be used to prevent unauthorized access underneath the structure.

(4)

The use is permitted if approved by the Zoning Administrator, and may remain on the site for no more than one year. This period may be renewed for two 365-day periods, for good cause shown, upon approval of a written request, submitted to the Zoning Administrator at least 30 days prior to the expiration of the zoning permit. In no event, however, shall such extensions allow the temporary structure to remain on the site for more than three years.

(l)

Tents, stages, and seasonal covers. A temporary tent, stage or seasonal cover may be located in any yard of a lot on a temporary basis under the following regulations:

(1)

The location of the tent or seasonal cover shall not obstruct visibility nor block the sidewalk.

(2)

Only one tent or seasonal cover shall be placed on any residential property at one time.

(3)

The Zoning Administrator, upon good cause shown, may approve a one-time extension of the zoning permit for an additional 14 days. Tents and seasonal covers shall not be located on any parcel for a period exceeding 28 days per calendar year.

(4)

Temporary tents for outdoor sales may be permitted for a 14 day period, once every 90 days.

(5)

Temporary tents associated with home/yard sales shall adhere to the standards of Section 1145.03(e) (Home sales), inclusive of any timing or duration provisions.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)