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 a 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 to such further requirements as may be specified in this Zoning Code with the regulations applying to such district.

(Ord. 17-2013, passed 9-24-2013)

   No building in the rear of a principal building on the same lot shall be used for residential dwelling purposes unless it conforms to all the yard and other open space and off-street parking requirements of this Zoning Code. For the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there shall be provided for any such rear dwelling an unoccupied and unobstructed access way, not less than 20 feet wide, to a public street, for each dwelling unit in a dwelling, or an access way not less than 50 feet wide for three or more dwelling units. (See §§ 1252.05 and 1296.19.)

(Ord. 17-2013, passed 9-24-2013)

   (a)   Generally. An accessory building in an “R” District may be erected detached from the principal building. Except as provided in § 1296.19, no accessory building shall be erected in any required court or yard, except in a rear yard. An accessory building of 100 square feet or less may be placed in any required rear yard in any residential district, provided it is located not less than five feet from all rear and side property lines. Accessory buildings or structures shall not exceed 600 square feet in size.

   (b)   Front setback. No accessory use or structure in any “R” District, except an off-street parking area subject to Chapter 1294, shall be permitted nearer to any front lot line than 50 feet or any closer than the front building line of the principal building if the building is greater than 50 feet from the front property line, unless such use or structure is contained within or constitutes an integral part of the main building.

   (c)   Side and rear setback. In any “R” District, accessory buildings and uses shall not be less than five feet from all rear and side property lines.

   (d)   Accessory building without principal building. In any “R” District, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.

   (e)   Carports. In any “R” District, a carport may be constructed or erected as an accessory structure to an existing residential structure, provided that a request for a permit to construct or erect such carport shall be submitted to the Zoning Officer. Carports are not subject to the same side yard setback requirements as may be stipulated in this Zoning Code for garages, provided that fire separation requirements of the Ohio Fire Code are met. Because a carport is not enclosed on its sides, a solid fence or hedge shall be required to prevent visibility from an adjacent side yard.

(Ord. 17-2013, passed 9-24-2013)

   In any district, on any corner lot, no fence, structure or planting shall be erected or maintained which interferes with traffic visibility across the corner as regulated in § 1295.09, Clear Sight Distance at Street and Access Drive Intersections.

(Ord. 17-2013, passed 9-24-2013)

   No part of a yard, court, parking area or other space, provided for any building or structure for the purpose of complying with this Zoning Code, shall be included as part of the yard, court, parking area or other space required under this Zoning Code for another building or structure.

(Ord. 17-2013, passed 9-24-2013)

   In every district, spaces for off-street parking and loading shall be provided in accordance with Chapter 1294, Off-Street Parking and Loading.

(Ord. 17-2013, passed 9-24-2013)

   Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors, when open or being opened, will not project beyond any lot line of the lot on which such building is located.

(Ord. 17-2013, passed 9-24-2013)

   Essential services, as defined in Chapter 1253, Definitions, shall be permitted as authorized and requested by law.

(Ord. 17-2013, passed 9-24-2013)

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority, however, such improvements must conform to nonconforming regulations.

(Ord. 17-2013, passed 9-24-2013)

   (a)   In any “R” District placing a boat, camping vehicle, trailer, or mobile home shall be prohibited, except that one trailer (as defined in Chapter 1253) or one boat may be parked or stored in a garage or other accessory building or rear yard in any Residential District.

   (b)   No occupancy for human habitation shall be maintained or business conducted therein while such trailer or boat is so parked or stored.

   (c)   The wheels or any similar transporting devices of any such trailer permitted within any Residential District shall not be removed, nor shall any trailer be temporarily or permanently affixed to the ground or attached to something having a temporary or permanent location on the ground.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Buffers between districts. Green belts may be required as buffers between different zoning districts. Where required, such green belts shall be maintained as landscaped yards by the property owner when a property containing a green belt is developed.

   (b)   Landscaping. Landscaping for all green belts shall be approved by the Planning Commission.

   (c)   Maintenance. All green belts shall be maintained. No person shall fail to maintain the green belt landscaping and other features in accordance with the approved landscaping plan.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Defined types. As used in this Zoning Code, “swimming pool” means a permanently constructed or portable water-filled enclosure, having a depth of more than 18 inches below the level of the surrounding land or an above surface enclosure having a depth of more than 30 inches, designed, used and maintained for swimming or bathing purposes. A swimming pool may be of three types:

      (1)   Private. Exclusively for the use of the residents or tenants of the property and their guests, at no charge;

      (2)   Semipublic. A pool operated for profit; or

      (3)   Public. A pool operated for the use and benefit of the general public wherein a nominal admission fee may be charged, but only by the Municipality or a nonprofit corporation.

   (b)   Distance requirements.

      (1)   A private pool, if accessory to a residential use, may be located anywhere on the premises except in a required front yard, provided it is located not closer than ten feet to any property line of the property on which it is located, and provided, further, that pump and filter installations shall be located not closer than 15 feet to any property line.

      (2)   Semipublic and public pools shall conform to the building setback requirements of the district in which they are located.

   (c)   Fencing.

      (1)   Private pools. A private swimming pool shall be walled or fenced with a 60-inch minimum height barrier, and any gate giving access to the swimming pool shall be a minimum of 60 inches in height and have a self-closing, self-locking latch, all for the purpose of preventing uncontrolled access from the street or from adjacent properties.

      (2)   Semipublic and public pools. A semipublic or public pool shall be walled or fenced with an eight-foot minimum height barrier, and shall have a self-closing, self-locking latch, all for the purpose of preventing uncontrolled access from the street or from adjacent properties.. The barrier shall not exceed ten feet in any Residence District or 15 feet in a nonresidential district.

   (d)   Drainage. Adequate provisions for drainage shall be made, subject to approval by the Municipal Engineer, provided that all of the Municipal Engineer's fees shall be paid by the applicant.

   (e)   Lighting. Any lighting used to illuminate the pool area shall be so arranged to direct the light away from adjoining properties.

   (f)   Permits required. No person shall construct or install a swimming pool or make any alteration thereon or to the appurtenances thereof without submitting an application and plans therefor to the Building Commissioner and acquiring a permit before construction starts. Any semipublic or public pool which sells concessions shall obtain a permit from the County Health Department. Concessions may be sold in a noncommercial district only by conditional use permit approval. They shall be consumed onsite and shall only be sold to members and guests.

   (g)   Other requirements. Semipublic and public pools shall provide adequate parking and restroom facilities and shall meet other standards determined by the Building Commissioner to be necessary to ensure adequate safety and health.

(Ord. 17-2013, passed 9-24-2013)

   A sexually oriented business is a conditional use within the I-P District. A conditional use for such facilities shall not be approved unless the general standards set forth in § 1254.08, Conditional Use Permits, 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 Residential (R) District; or

      (2)   Any public, private, governmental or commercial library, school, 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 facility’s counter or other regular work station.

(Ord. 17-2013, passed 9-24-2013)

   In addition to the other relevant District regulations, service stations and filling stations shall be reviewed by the Planning Commission during Site Plan Review as required by § 1254.12, Site Plan Review, and 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 Residence District, nor shall any part of such automobile service station or filling station have an entrance or exit for vehicles within 200 feet, along the same side of a street, of any school, public park, cemetery, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street onto which the lot in question does not abut.

   (c)   Location of facility equipment. Gasoline pumps, compressed air connections, vacuum cleaners and similar equipment shall be erected not 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 service or filling station structure shall have a minimum setback of at least 40 feet from all right-of-way lines except as modified here.

   (e)   Outside storage. No outside storage shall be permitted for filling or service stations unless the outside storage area is enclosed with masonry walls or a permanent solid fence. Large outside displays, such as racks of tires, bagged mulch, soft drinks and windshield wiper fluid, are prohibited. 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 access and egress to service and filling stations shall be approved by the Zoning Officer, who shall ascertain that all driveways used to provide accessibility to these uses shall be located and arranged to minimize traffic congestion in conformity with the following:

      (1)   Lot with frontage less than or equal to 150 feet. Not more than one driveway shall be permitted on a lot with a frontage less than or equal to 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, measured from the nearest side of the driveway to the nearest right-of- way line of the intersecting street.

   (h)   Rental trailers and trucks. If rental trailers and/or rental trucks are stored on the premises, as provided for or regulated in this Zoning Code, a minimum lot area of 12,000 square feet, in addition to the minimum lot size required in § 1296.14(a), above, shall be devoted exclusively to the service station use, and there shall be provided, behind the main or principal building or structure, an enclosure for fully enclosing the storage of rental trailers and trucks on such premises. Such enclosure shall be a wall not more than 15 feet in height or lower than six feet, provided that no trailers or trucks shall exceed the height of the enclosure. Such provisions shall be subject to approval by the Planning Commission.

   (i)   Accessory buildings. No accessory building or structure shall be permitted except for the storage of rental trailers and rental trucks as provided for in subsection (h) hereof. A canopy structure, car wash structure or dumpster enclosure may be permitted if allowed within the district.

   (j)   Parking. No vehicle shall be parked within the required front yard of a motor vehicle service station or filling station, except a vehicle actually being served at the pump island in which are located the operating gasoline pumps or as a customer within the store. No person who is the operator of such a service station or filling station or any employee of such person shall permit any vehicle to stand out of doors on such property for more than 48 hours.

   (k)   Signs. Signs shall be subject to Chapter 1292, Signs and Outdoor Advertising. Use of building fascias and fascias of free-standing canopies over pump islands for identification signs or signage that lists merchandise for sale and prices thereof, when such signage exceeds the sign display areas stipulated in Chapter 1292, shall be permitted only when such signage is approved by the Board of Zoning Appeals.

   (l)   Paving and curbing. The entire lot, other than the area landscaped, shall be paved with a permanent surface of concrete or asphalt with a raised concrete curb of not less than six inches in height except for driveway openings. Sidewalks, as required by Municipal regulations, shall be installed, and all landscaping shall be approved by the Planning Commission. All driveway approaches, including those within the public right-of-way, shall have a six- inch-high concrete curb.

   (m)   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 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 Municipality; (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, abandoning 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 Municipal 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. 17-2013, passed 9-24-2013)

   (a)   General requirements. No land or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke; dust; odor or other form of air pollution; heat; cold; dampness; electrical interference; or other substance, condition or element (referred to herein as “dangerous or objectionable elements”), in such a manner or in such an amount as to adversely affect the adjoining premises or surrounding area, provided that any use permitted or not prohibited by this Zoning Code may be established and maintained if it conforms to this section at the point of the determination of its existence.

   (b)   Nonconforming uses. Certain uses established before the effective date of this Zoning Code and nonconforming as to performance standards, shall be given a reasonable time in which to conform with this section, as determined by the Planning Commission.

   (c)   Existing and new uses.

      (1)   Investigation by Zoning Officer. Whenever it is alleged that a use of land or structure creates or is likely to create or otherwise produce dangerous and objectionable elements, the Zoning Officer shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to Planning Commission. If the Commission concurs in the allegation that dangerous or objectionable elements exist or are likely to be created, it shall request Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous or objectionable elements and of practical means of remedying such condition.

      (2)   Determination of existence. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent. However, the measurements necessary for enforcement of performance standards shall be taken, in any “I” District, at the boundary of such District, or at any point within an adjacent nonindustrial district.

      (3)   Enforcement. Upon receipt of the findings and recommendations of such specialist or laboratory, the Commission may approve, partially approve or disapprove the measure recommended therein and instruct the Zoning Officer to proceed with the enforcement of measures in accordance with Chapter 1254, Administration and Enforcement.

      (4)   Costs of investigation. The Municipality shall bear the costs of various tests, consultant fees or other investigations which are required in this section, provided that the owner of the property under investigation shall reimburse the Municipality for all such expenses if the operation or use of such property is found to be in violation of this section by the Commission, or if contested, by a court of competent jurisdiction. Such reimbursement shall be made within 30 days from the date of a final Planning Commission ruling or court judgment.

      (5)   Continued compliance. Any use authorized under this section shall comply continually herewith and shall remedy any additional dangerous or objectionable elements which may develop in the course of its operation.

      (6)   The following minimum performance standards shall apply to all uses in the Municipality:

         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. All standards enforced by the Occupational Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency.

         B.   Air pollution. No emission of air pollutants shall be permitted which violate the Clean Air Act Amendment, as amended from time to time, as enforced by the Ohio Environmental Protection Agency.

         C.   Glare and heat. Any operation producing intense light or heat, such as high temperature processes like combustion, welding or otherwise, shall be performed within an enclosed building and shall not be visible beyond any lot line bounding the property whereon the use is conducted.

         D.   Dust and erosion. Dust or silt shall be minimized through landscaping, paving or other adequate means in a manner as to prevent their transfer by wind or water to points off of the lot in objectionable quantities.

         E.   Liquid or solid wastes. 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 can contaminate any water supply or interfere with bacterial processes in sewage treatment shall be permitted. The standards of the Ohio Environmental Protection Agency shall apply.

         F.   Vibrations and noise. No uses shall be located and no equipment shall be installed in such a way as to produce intense, earth-shaking vibrations which are discernable without instruments at or beyond the property lines of the subject premises.

         G.   Odors. No use shall be operated so as to produce the continuous, frequent, or repetitive emission of odors or odor causing substances in such concentrations as to be readily perceptible at any point or beyond the lot line of the property on which the use is located. The applicable standards of the Ohio Environmental Protection Agency shall be adhered to.

         H.   Electrical interference. No use shall operate so as to produce an electrical interference with adjacent properties.

         I.   Light and glare. All areas containing outdoor lighting, including but not limited to floodlighting, security lighting, canopy or parking lot lighting shall be regulated as follows:

            1.   Exterior lights shall be fully shielded to prevent the visibility of the light bulb from adjacent properties. Furthermore, all external lighting shall be so designed and situated so as not to cause glare on adjacent properties.

            2.   Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, fixture height, fixture aim or a combination of these or other factors to mitigate light glare and trespass.

            3.   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.

            4.   Any lawful lighting fixtures located within the Municipality at the effective date of this Zoning Code which does not conform to the provisions of this section may continue, provided the lighting remains in conformance with the provisions of this section.

            5.   Nothing in this section shall relieve the owner or beneficial user of legal nonconforming lighting, or the owner of the property on which the legal nonconforming lighting is located, from the provisions of this section regarding safety, maintenance, and repair. Normal maintenance, including replacing light bulbs, cleaning, or routine repair of legal nonconforming light fixtures, shall not be deemed to be a condition which triggers a loss of lawful status described below, unless such maintenance increases the nonconforming aspects of the lighting.

            6.   Legal nonconforming status shall terminate under the following conditions:

               a.   If a light fixture is no longer used for a period of six months it shall be deemed abandoned and shall not thereafter be reestablished; or

               b.   If a lighting fixture is structurally altered such that its nonconforming aspects increase; or

               c.   If a lighting fixture is relocated, replaced, or moved in any way; or the lighting fixture is damaged beyond repair.

   Upon the event of any of the aforementioned, the lighting fixture(s) shall be immediately brought into compliance with this section, or the lighting fixture(s) shall be removed.

            7.   Lighting found by the Municipality to create a public safety or nuisance can be ordered removed or altered at any time upon a complaint filed by the Zoning Officer. Such complaint will be heard before the Planning Commission at a regularly scheduled meeting for review and a recommendation to Council. Council shall make a final determination regarding the complaint at a regularly scheduled meeting.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Permitted dwellings. In any district where dwellings are permitted, a single-family detached dwelling may be erected on any lot of official record on the effective date of this Zoning Code, irrespective of its area or width, provided that the applicable yard and other open space requirements are complied with, and provided, further, that:

      (1)   In areas presently platted for lots less than 50 feet wide, a building site is taken to be a combination of lots to make at least a 50-foot wide building site.

      (2)   Where an isolated lot less than 50 feet wide cannot be combined with another lot to make a minimum 50-foot wide building site, all house plans shall be approved by the Planning Commission.

      (3)   Plans for any house for a building site which does not meet zoning requirements for that area shall be submitted to the Planning Commission for approval. The Commission shall consider architecture, spacing relative to adjacent improvements or potential adjacent improvements, pleasing presentation on the lot, and parking provisions.

   (b)   Minimum yards. In no case shall the width of any side yard be less than five feet, provided that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight feet, or 20 percent of the frontage, whichever is greater. In no case shall the depth of the rear yard be less than tem feet. Front, side or rear yard encroachments as specified in § 1296.18 shall be prohibited in the case of substandard lots of record.

(Ord. 17-2013, passed 9-24-2013)

   (a)   The height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:

      (1)   Farm buildings, architectural features, etc. Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes; monuments; water towers; fire and hose towers; observation towers; chimneys; smokestacks and flag poles on parapet walls extending not more than four feet above the limiting height of the building, may exceed the height limitations set forth in this Zoning Code, provided that none of the structures set forth in this paragraph is higher than 75 feet from ground level, unless on a building higher than 70 feet, in which case they cannot exceed 90 feet from ground level.

      (2)   Radio and television transmitters or receiving towers, masts and antennae. All such structures that exceed 300 feet in elevation above ground level shall be located in an Industrial District, shall not be closer than 300 feet to any other district, shall be in as inconspicuous a location as possible and shall be approved by the Planning Commission, provided that the tower, mast or aerial is of a safe design and meets all the criteria set forth in this paragraph. No other antennae shall exceed 35 feet above ground level in “R” Districts, and 75 feet in all other districts, except television satellite dish antennae, which shall not be higher than ten feet above ground level. All such antennae shall be subject to the accessory use regulations applicable to the district in which they occur.

      (3)   Places of public assembly. Places of public assembly in churches, schools and other permitted public and semipublic buildings may exceed the height limitations set forth in this Zoning Code, provided that such places of assembly are located on the first floor of such buildings, and provided, further, that for each three feet by which the height of such a building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional one foot over the side and rear yards required for the highest building otherwise permitted in the district.

      (4)   Elevator penthouses, water tanks, etc. Elevator penthouses, water tanks, monitors and scenery lofts may exceed the height limitations set forth in this Zoning Code, provided that no linear dimension of any such structure exceeds 50 percent of the corresponding street lot line frontage. Towers, monuments, cooling towers or other structures may exceed the height limitations set forth in this Zoning Code where a greater height is required.

   (b)   Minimum requirements. All structures above the heights otherwise permitted in the district in which they are located shall not occupy more than 25 percent of the area of the lot and shall be not less than 50 feet in all parts from every lot line.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Buildings on through lots. Buildings on through lots shall conform to the front yard requirements for each street. In the case of reversed frontage, an accessory building shall not extend beyond the setback line of the rear street.

   (b)   Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the Board of Zoning Appeals may authorize a reduction of the otherwise specified frontage or lot width in “R” Districts along the front property line, provided that:

      (1)   The lot width at the building line shall equal the frontage or lot width required in the district where located;

      (2)   The front lot line shall not be less than 30 feet in any event; and

      (3)   Such reduction of frontage shall not result in a reduction of the required lot area.

   (c)   Average depth of front yards. In any “R” District, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less than the least front yard depth prescribed elsewhere in this Zoning Code, the required depth of the front yard on such lot shall be modified. In such cases, the depth of the front yard shall not be less than the average depth of the existing front yards on the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of a front yard on any lot shall be at least ten feet.

   (d)   Computation of rear and side yards. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be.

   (e)   Side yard modifications. Each side yard, where required, shall be increased in width by one foot for each 15 feet or fraction thereof by which the length of the side wall of a building exceeds 50 feet. This pertains only to the adjacent sides.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Architectural features. Certain architectural features may be permitted to project into required yards or courts as follows:

      (1)   Certain architectural features may project into any required front yard or into any required side yard adjoining a side street lot line.

      (2)   Cornices, canopies, eaves or other architectural features may project a distance not exceeding two feet, six inches.

      (3)   Fire escapes may project a distance not exceeding four feet, six inches.

      (4)   Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

   (b)   Interior side yards. Subject to the limitations set forth in paragraph (a)(1) hereof, the features described in subsection (a) hereof may project into any required side yard adjoining an interior side lot line a distance not to exceed one-fifth of the required least width of such side yard, but not more than three feet in any case.

   (c)   Rear yards. Subject to the limitations in subsection (b) hereof, the features named therein may project into any required rear yard the same distances they are permitted to project into a front yard.

(Ord. 17-2013, passed 9-24-2013)

   Every building hereafter erected or structurally altered shall be located on a lot as herein identified. There shall not be more than one principal building on a lot. Where properties are used for institutional, commercial, industrial or multiple family purposes, more than one principal building may be located on the lot, subject to Site Plan Review, § 1254.12. In such instance, all buildings shall conform to all yard and open space requirements at the perimeter of the lot for the district in which the lot is located.

(Ord. 17-2013, passed 9-24-2013)

   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 during Site Plan Review, as required by § 1254.12, and shall be further regulated as follows:

   (a)   The location must be located on an arterial road; said road must be adequate to carry the additional traffic generated by the establishment. The Municipality may require the applicant to commission the preparation of a traffic impact study by a qualified traffic engineer to determine the adequacy of the roadway.

   (b)   A minimum of five stacking spaces per drive-thru lane shall be required.

      (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 shall be required 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 a dwelling unit or 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.

   (e)   Speakers used for taking orders shall not be able to be heard from adjacent property.

(Ord. 17-2013, passed 9-24-2013)

   Home occupations shall be subject to the following conditions in addition to use regulations in various districts:

   (a)   No person, other than members of the family residing on the premises shall be engaged in such home occupation.

   (b)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

   (c)   The external appearance of the structure in which the use is conducted shall not be altered. Furthermore, no external alteration, construction or reconstruction of premises to accommodate the use shall be permitted.

   (d)   One non-illuminated sign of not more than one square feet in area, attached flat against the building, shall be permitted.

   (e)   The home occupation may increase parking and traffic flow by no more than one vehicle at a time.

   (f)   There shall be no outside storage of any kind related to the home occupational use and only commodities made on the premises may be sold on the premises. No display of the products shall be visible from the street.

   (g)   No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupational use, shall be created.

   (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 detectable to normal senses off the premises. 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)   The neighborhood shall not be adversely affected by said home occupation.

   (j)   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. 17-2013, passed 9-24-2013)

   The following requirements shall apply to all dumpsters, trash handling areas, and related service entrances in non-single-family developments:

   (a)   Setbacks. Dumpsters, trash handling areas and related screening, shall be located in compliance with the same minimum setbacks as a main building 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)   Any wall 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.

      (3)   Any fence shall be constructed in a durable fashion of wood posts and/or planks with minimum diameter or width of three inches and with no greater than 25% of the fence surface left open between posts and/or planks.

      (4)   Fence, wall and gate materials shall be of a similar material or painted similarly to the main building.

(Ord. 17-2013, passed 9-24-2013)

   Fences, walls, and hedges are permitted in all Districts, subject to the following conditions:

   (a)   Location.

      (1)   No fence, wall, or hedge utilized for enclosure purposes shall be closer to any public street than 20 feet from the front property line.

      (2)   The property owner shall assume responsibility for determining the legal, proper placement of the fence, wall or hedge upon their property.

      (3)   Ornamental fences, hedges and walls which are not intended to be an enclosure and which do not exceed four feet in height and which have an aggregate length in any one direction of 15 feet, shall be permitted in yards adjacent to street rights-of-way, except as further restricted on corner lots by § 1296.04, Visibility Across Corner Lots. Decorative fences, such as, but not limited to, split rail, architectural post and picket and wrought metal, may be located closer to the front lot line with the specific approval of the Planning Commission.

   (b)   Height. 

      (1)   Residential districts.

         A.   On interior side or rear lot lines, fences, walls or hedges shall not exceed six feet in height.

         B.   On interior side or rear lot lines, fences, walls, and hedges may be up to eight feet in height with approval from the Planning Commission.

      (2)   Business and industrial districts.

         A.   On interior side or rear lot lines, fences and walls shall not exceed ten feet in height.

   (c)   Materials.

      (1)   Fences shall not contain an electric charge.

      (2)   Barbed wire, razor wire, or any other type of anti-climbing wire shall only be permitted, upon approval of the Planning Commission, 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 or treated so that they are weather resistant.

      (4)   Decorative or ornamental fences located in any front yard shall be at most 50 percent opaque. Split rail, chain link, wrought iron and picket fences are types of fences with opacity of at most, 50 percent.

      (5)   The finished or most decorative side of the fence shall face away from the property erecting the fence.

   (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. 17-2013, passed 9-24-2013)

   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 a Zoning Certificate.

   (b)   Submission requirements for 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;

      (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 set back 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.

      (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 four 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. 17-2013, passed 9-24-2013)

   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 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 accessways 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 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 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 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 Officer or Planning Commission, which request must be made in writing and must be made within 30 days of such rejection or modification.

(Ord. 17-2013, passed 9-24-2013)

   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 and vermin. The Municipality may require the screening of items stored outdoors.

(Ord. 17-2013, passed 9-24-2013)

   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. 17-2013, passed 9-24-2013)

   (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 enclosed unit of durable construction or material, typically eight feet in width by eight feet in height by 16 feet long, designed for temporary storage, which are transported by truck and 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 days after use of the unit is no longer necessary or when 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 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.   Other districts.

            1.   Portable storage units shall not be permitted in any non-residential districts for temporary or permanent on site storage unless expressly permitted by the Planning Commission.

            2.   When permitted, a portable storage unit shall be located on a paved surface on the property for a period of not more than seven days or for a period of 14 total days in any 365-day period.

            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 § 1296.29(b), Definition, shall be prohibited in the Municipality unless expressly permitted by the Planning Commission.

         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 provide in the portable storage unit.

      (3)   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.

      (4)   Permit required. Any portable storage unit shall require a Temporary Use permit to be issued by the Zoning Officer. The permit fee shall be as established by the Municipal Council and shall be good for the period specified on the permit.

(Ord. 17-2013, passed 9-24-2013)

   Medical marijuana cultivation facilities and processing facilities shall be conditional uses in the districts so designated in this Zoning Code. Medical marijuana dispensaries are prohibited in all zoning districts in the Village.

(Ord. 13-2017, passed 6-27-2017)

   Short term rentals are prohibited in all zoning districts. Excepting hotels, motels, and bed and breakfast establishments, no dwelling unit, structure or other lodging unit shall be rented, leased, or otherwise let to any individual, corporation or other entity for compensation for lodging, sleeping or other overnight accommodation for less than 30 consecutive days in any zoning district.

(Ord. 31-2024, passed 12-10-2024)

   The keeping of chickens shall be permitted on single-family residential properties in the Village, subject to the following:

   (a)   Only female chickens (hens) are permitted. roosters are prohibited.

   (b)   For properties less than 1 acre, no more than 6 chickens are permitted per property. For properties 1 acre and larger, no more than 12 chickens are permitted per property.

   (c)   All chicken coops must be constructed no closer than 20 feet to the side and rear property lines and must be screened from view from adjacent properties and the right-of- way with a combination of fencing and landscaping.

   (d)   Chicken coops shall meet the accessary use standards for residential district, except unless a more stringent standard is provided in this section. No chicken coop shall exceed 100 square feet or 10 feet in height. The materials used in making a coop shall be the accessory use standards. The use of scrap, waste board, sheet metal or similar material is prohibited. Coops shall be well-maintained, and secure from rodents, wild birds, and predators.

   (e)   Chickens shall be confined to a chicken coop, chicken run, or otherwise contained on the owner's property at all times.

   (f)   No person shall keep or raise chickens in such a manner as to create nuisance due to excessive noise, improper care, maintenance, or sanitation conditions.

(Ord. 31-2024, passed 12-10-2024)

   Mobile food vendors shall be permitted to operate as a conditional permitted use as provided in this section only in the following zoning districts: "I-P" Industrial Park District and "GMC" Glendale-Milford Road Corridor Overlay District.

   (a)   Each operator of a mobile food vending operation shall obtain conditional use approval, renewal on an annual basis. The application for conditional use approval shall include the following information:

      (1)   Narrative describing the operation and hours of operation.

      (2)   A copy of the required licenses from the State of Ohio and Hamilton County for mobile food truck operations.

      (3)   Site plan, including total area of the property on which the mobile food vending operation is proposed to be placed, the specific location of the mobile food vending unit, the location of all existing buildings or improvements, location of all existing curb cuts, driving lanes, off-street parking and loading areas, including the number of spaces, and angles of stalls.

      (4)   If the applicant is not the owner of the property in which the mobile food vending operation is to be conducted, written permission from the owner to operate the mobile food vending operation on the property.

   (b)   Site restrictions. No mobile food vending operation shall be permitted in the public right-of-way or in driveway aisles, no parking zones, loading areas, or parking lanes, nor may mobile food vending operations impede the on-site circulation of motor vehicles. The placement of a mobile food vending operation may not reduce the number of necessary parking spots on a site below the minimum requirements of the Zoning Code.

   (c)   All food trucks, food trailers, pedi- food carts, or pushcarts used for a mobile food vending operation must be in good condition, free from damage, rust, peeling paint, etc.

   (d)   Hours of operation. Mobile food vending operations are permissible between the hours of 8:00 a.m. to 10:00 p.m. on weekdays and weekends.

   (e)   Music or sound. The use of any sound amplification device is prohibited.

   (f)   Signs. An A-frame menu board is permitted to be placed by the mobile food vending operations within the vending area during hours of operation.

   (g)   Electric service connections. Electric service connection to an on-site approved outlet is permitted provided that no wiring or cables are run beyond the vending area or pose any danger to the patrons or public.

   (h)   Site restrictions. Square footage for one mobile food vendor per site shall be a minimum of 5,000 square feet of net lot area.

(Ord. 31-2024, passed 12-10-2024)