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No land or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. If any existing use or building is extended, enlarged or reconstructed, the performance standards for the district involved shall apply to such extended, enlarged or reconstructed part or parts of such building or use as well.
(a) Compliance with state and federal regulations. All uses shall comply with all applicable state and federal Environmental Protection Agency, Occupational Safety and Health Administration (OSHA), Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., and all other state and federal regulations that pertain to the applicable use.
(b) Enclosures.
(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or body parts in a right-of-way or an open yard is prohibited.
(2) All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings in all districts except the I-1 or I-2 Districts, unless specifically permitted otherwise.
(c) Air pollution.
(1) The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited in any zoning district shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values. In addition, no use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling. Any such activities shall only be allowed as permitted and approved by the Ohio EPA Division of Air Pollution Control.
(2) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable treatment.
(d) Fire and explosive hazards.
(1) The storage, utilization and manufacture of materials, goods or products ranging from free to active burning is permitted, provided the materials or products shall be stored, utilized or produced within completely enclosed structures having incombustible exterior walls, and such structure shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association. Such activities shall be restricted to the I-1 and I-2 Districts only.
(2) Materials which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in any district except such materials as are used or required in emergency equipment or in secondary processes which are accessory to the main use.
(e) Heat.
(1) In all zoning districts except the I-2 District, no use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
(2) In the I-2 District, no use shall generate heat or glare that is perceptible without the aid of instruments at any point beyond the zoning district boundary.
(f) Odor.
(1) In all zoning districts except the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited.
(2) In the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot occupied by the use generating the emission.
(g) Toxic or noxious matter. The discharge of toxic or noxious matter across the lot lines wherein such a use is located is prohibited for any period of time and in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property.
(h) Noise. The sound pressure level of any individual operation or operations on a lot in any industrial district, other than the operation of auto calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district or business district.
(i) Vibration. Operations creating intense earth-shaking vibrations in the shall be set back from and controlled in such a manner as to prevent transmission of vibrations which would be perceptible without the aid of instruments at the lot line of the applicable property.
(j) Industrial wastes. Pollution control standards as required by this section shall be those which are set forth in the rules and regulations of the Board of Municipal Utilities regarding discharge of waste waters.
(k) Solid and liquid waste.
(1) Solid waste, including empty packing crates and other excess materials, shall be regularly disposed of, stored in buildings, screened by solid walls or fences, or completely enclosed in containers or dumpsters, and shall not be permitted to accumulate on any lot.
(2) Containers and dumpsters shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in § 1234.06: Setback Requirements and the screening requirements set forth in Chapter 1232: Landscaping and Screening Standards.
(3) If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis.
(l) Radioactive or electrical disturbances.
(1) No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances.
(2) Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.
(3) The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformity with the applicable regulations of the Nuclear Regulatory Commission and the Ohio Environmental Protection Agency.
(m) Infectious and medical waste materials. The storage, incineration or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.
(n) Soil removal. No mining, extracting, filling or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion.
(o) Stormwater facilities. Detention/retention facilities that are visible from a public street shall landscaped and maintained as part of the site’s required landscaping areas. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
(p) Enforcement. Where determinations can be made by the Code Administrator or other authorized city employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Code Administrator may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty.
(Ord. 21-161, passed 12-13-2021)
(a) Zoning permit required.
(1) No person shall construct or erect a fence or wall without first obtaining an approved zoning permit.
(2) Zoning permits are not required for repairs of existing fences or walls, or for invisible fences. However, such work or structures are still subject to the applicable standards of this section. Zoning permits are also not required for the replacement of a previously permitted and conforming fence or wall. Replacement of nonconforming fences or walls shall be subject to division (b)(13) of this section.
(3) A zoning permit is not required for fence or wall structures that are less than two feet in height,
(4) A zoning permit shall not be required for short sections of fencing or walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed 25 feet in length and shall comply with the vision clearance requirements of this code.
(5) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall be subject to the vision clearance requirements of this code.
(6) Retaining walls required and/or approved by the Public Works Department shall not be subject to the requirements of this section.
(b) General requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.
(2) All fences and walls shall be subject to the vision clearance requirements of § 1226.05: Intersection Visibility.
(3) All fences and walls, including invisible fences, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.
(4) A zoning permit shall be required for each property on which a fence or wall is being placed, including connection of existing fences or walls. Such applications shall also include written documentation of agreement between property owners.
(5) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.
(6) All diagonal or supporting members shall face the property on which the fence or wall is constructed.
(7) All sides of a decorative wall shall have an equal finish.
(8) All fences and walls shall be maintained in a neat and orderly manner.
(9) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility and without such permission, are subject to removal without notice by utility companies or the city when work is being done in the utility easements. Fences shall not be placed in any city easement unless the plat specifically permits the placement of such fence. Replacement of fences removed by the city or utility company shall be at the property owner’s expense.
(10) Fences and walls shall not impede, inhibit or obstruct culverts, drains, natural watercourses or stormwater drainage in any zoning district. Fences or walls may be permitted to include outlets at the bottom of the fence or wall to eliminate the possibility of the accumulation of water and allow for natural drainage past the wall or fence.
(11) Fences and walls for conditional uses shall be comply with the standards of this section unless otherwise approved by the Planning Commission as part of the conditional use review procedure.
(12) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the Code Administrator issuing the zoning permit, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning permit and any inspection by the city shall not be construed to mean that the city has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(13) Nonconforming fences and walls.
A. Where a nonconforming fence or wall is to be maintained or repaired, such nonconforming fence or wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or wall while still in place or a portion of a fence or wall may be removed temporarily for repair or maintenance work provided the same fence or wall is replaced in the same position.
B. If 50% or more of the length of a nonconforming fence or wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new zoning permit.
(c) Measurement.
(1) The maximum fence or wall height shall be measured from the lowest point within three feet on either side of the fence to the top most portion of the fence between posts. See Figure 1226-K. The structure posts or finials may exceed the maximum height allowed in this section by up to six inches.
Figure 1226-K: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or walls should follow the natural contour of the land on which it is located. See Figure 1226-L.
Figure 1226-L: This illustrates how fencing is measured along a natural contour.
(3) A grading permit may be required in cases where the applicant proposes altering the natural contour.
(4) A fence may be erected on top of a wall but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(d) Fences and walls in residential districts. The following standards apply to fences and walls in residential districts.
(1) Only one single fence or wall shall be constructed, erected and/or maintained on any individual lot when located within ten feet of any of the lot lines.
(2) Table 1226-9 establishes the maximum height, location, and types of fences and walls permitted in residential districts.
(3) For the purpose of these regulations, an “open fence” shall be any fence intended for decorative purposes having at least 50% of its vertical surface area open as viewed at right angles and uniformly distributed.
(4) The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
(5) Where the side lot line of one residential property is also the rear lot line of another property, that portion of the fence along the side lot line that abuts the adjoining property’s rear lot line, and that is installed at such property line, shall be permitted rear yard regulations of this section.
Table 1226-9: Fences and Walls in Residential Districts | ||
Type of Fence or Wall | Yard in Which Permitted | Maximum Height Permitted |
Vinyl coated chain link fence | Side and rear | 4 feet |
Open fence | Front | 3 feet [1] |
Side | 4 feet | |
Rear | 6 feet [2] | |
Solid fence or wall | Side | 4 feet |
Rear | 6 feet | |
NOTES: | ||
[1] A 4-foot open fence may be constructed in front of a dwelling provided that the length of such fence does not extend past the side walls of the house or across a driveway and provided it is set back from the right-of-way line a minimum of 75% of the minimum front building setback for the district. | ||
[2] Trellises up to 16 feet in total length may exceed the maximum permitted height when located in the rear yard adjacent to, and between the side walls, of the dwelling. | ||
(e) Fences and walls in nonresidential districts. The following standards apply to fences and walls in nonresidential districts.
(1) No fence or wall shall be, in any way, electrified or topped with any sharp-edged materials with the exception of fences in the I-1 and I-2 Districts where fences may be topped with barbed wire. Such barbed-wire shall be placed on a 45-degree angle, arm away from the side of the fence that fronts a property or right-of-way line. Such barbed wire shall only be located along the top of a fence and shall not extend below the top of the fence more than 12-inches.
(2) No fence shall exceed eight feet in height in any rear or side yard, or exceed three feet in height in any front yard. In the I-1 and I-2 Districts, any fence in a front yard that is set back a minimum of 60 feet shall be permitted to have a maximum height of eight feet.
(3) Any proposed fence shall be approved as part of the site plan review in accordance with this code.
(f) Temporary fences. Fences erected for a specific function and limited time duration, including deer, snow or construction fencing, are permitted as follows and in compliance with the following requirements.
(1) Temporary fences shall be maintained in good condition and shall not require a zoning permit.
(2) No temporary fencing material shall be used for permanent fencing.
(3) Snow fencing.
A. Snow fencing shall be permitted between November 1 of any year and April 1 of the following year.
B. Snow fencing shall not exceed four feet in height.
C. Fencing materials shall be limited to burlap, plastic mesh fabric of a neutral or dark color, any clear plastic material or wood slat fencing (traditional snow fence) with wood or metal supports.
D. Snow fencing shall be erected on private property only and positioned on the site so as not to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety.
E. Snow fencing shall not cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such fence.
(4) Construction fencing: construction fencing to enclose an active construction site for the duration of the construction period.
(Ord. 21-161, passed 12-13-2021)
(a) Purpose. The purpose of this section is to control the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the city and the lawful nighttime use and enjoyment of property located within the city. Appropriate site lighting, including lights for signs, buildings and streets, shall be arranged so as to provide safety, utility and security; control light trespass and glare on adjacent properties and public roadways.
(b) Applicability. The standards of this section shall apply to all development activities, subject to review under this code, with the following exceptions.
(1) Lighting related to single-family dwellings are exempt, however, all lighting for these uses, with the exception of low-voltage landscaping lighting, shall be completely shielded from adjacent properties.
(2) Decorative outdoor lighting fixtures with bulbs of less than 25 watts, installed seasonally, are exempt from the requirements of this section.
(3) Fully shielded decorative lighting attached to a building or placed in landscaping and directed onto a building shall be exempt from the requirements of this section, provided direct light emissions are not intended to be visible above the building’s roof line. This shall not include decorative lighting used to illuminate a sign, which is regulated by Chapter 1236: Sign Standards.
(4) Light fixtures used to illuminate flags, statues and any other objects mounted on a pole, pedestal, or platform shall be exempt from the requirements of this section, provided these objects are illuminated using a narrow cone beam or light fixtures designed to minimize light spillage beyond the illuminated object.
(5) Lighting for certain outdoor recreational uses because of their unique requirements for nighttime visibility and their limited hours of operation. However, such uses, which includes, but is not limited to, ball diamonds, playing fields, tennis courts and other similar outdoor recreational uses shall be required to meet the following standards.
A. Cutoff from a lighting source that illuminates an outdoor recreational use may exceed an angle of 90 degrees from the pole, provided that the luminaries are shielded to prevent light and glare to spill over to adjacent residential properties.
B. The maximum permitted illumination at the lot lines shall be two footcandles.
C. Exterior lighting for an outdoor recreational use shall be extinguished no later than 11:00 p.m.
(6) Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
(7) Nothing in this chapter shall apply to lighting required by the FAA or any other federal regulatory authority.
(8) Nothing in this chapter shall apply to street lighting installed in rights-of-way.
Figure 1226-M: Cutoff or shielded lighting fixtures (left) as compared to non-cutoff lighting fixtures (right).
(c) Exterior lighting plan.
(1) A lighting plan is required for all uses that are required to file for site plan review and shall be approved according to the procedures set forth in § 1214.06: Site Plans. The lighting plan shall demonstrate compliance with the requirements of this section. However, a photometric study of the illumination shall only be required when a multi-family dwelling with ten or more units or a nonresidential use is proposed to be located adjacent to a lot in a residential district or that is occupied by an existing residential use.
(2) All existing uses on which outdoor lighting is installed or changed shall conform to these standards.
(3) The lighting plan shall demonstrate compliance with the outdoor lighting standards of this section.
(d) General requirements.
(1) All outdoor lighting fixtures regulated according to this section, including but not limited to those used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full-cutoff type fixtures, unless exempted per division (b) of this section.
A. Any use that has a canopy with lighting fixtures attached to the bottom of the canopy shall utilize recessed ceiling fixtures.
B. Signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed incandescent lamp not exceeding 40 watts shall not require shielding.
(2) All on-site lighting of buildings, lawns, parking areas and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.
(3) Illumination is required consistently across the site shall be designed so as not to create dark spots that may create safety issues in such areas as vehicular use areas and connecting pedestrian paths.
(4) For all nonresidential uses in any residential district, all outdoor lighting fixtures, including parking, display and aesthetic lighting, shall be turned off after business hours. Only that lighting needed for safety or security may remain lit after close of business, in which case the lighting shall be reduced to the minimum level necessary.
(5) There shall be a maximum illumination of 0.5 footcandles at the lot line in all residential districts and for any nonresidential use that abuts a lot in a residential zoning district or lot occupied by an existing residential use.
(6) Measurement.
A. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
B. Measurements shall be taken at the property line, along a horizontal plane at a height of three and one-half feet above the ground.
(7) Maximum height of light poles: the total height of exterior lighting poles shall not exceed the following height regulations. Height shall be measured from the average grade surrounding each light pole:
Table 1226-10: Maximum Height of Light Poles | |
Districts: | Maximum Height |
All residential districts | 20 feet |
B-1, B-2, B-3, and P-I Districts | 24 feet |
I-1 and I-2 Districts | 30 feet |
Planned unit developments | To be determined during plan review |
(Ord. 21-161, passed 12-13-2021)
(a) In order to provide a clear view to the motorist there shall be a triangular area of clear visibility that is free of any obstructions where there is an intersection of two or more streets and/or where a driveway intersects with a street.
(b) Where a street intersects with another street, the triangular areas shall be defined by measuring 25 feet from the intersection of the extension of the front and side street curb lines (or the edge of pavement where there is no curb) and connecting the lines across the property. See Figure 1226-N.
(c) Where a driveway intersects a street, the triangular areas shall be defined by measuring 20 feet from the edge of the driveway along the street and ten feet along the driveway, perpendicular from the street. See Figure 1226-N.
(d) These standards shall not apply to driveways for single-family dwellings or multi-family dwellings with six or fewer dwelling units.
(e) The Code Administrator may reduce the distance requirement where it is determined that a narrow lot frontage would excessively reduce buildable area.
(f) No structure, sign or landscape element shall exceed 30 inches in height, measured from the top of the curb, within the area established above, unless approved by the Community Development Department. Trees may be located within these areas provided they are pruned and/or the canopy is trimmed to provide clear visibility (with the exception of the tree trunk) up to eight feet above the top of the curb.
(g) Where no curb exists, the height shall be measured from the top of the pavement.
(h) The Ohio Department of Transportation may impose additional restrictions along state or federal routes.
Figure 1226-N: Intersection visibility area for two intersecting streets.
(Ord. 21-161, passed 12-13-2021; Ord. 24-33, passed 3-25-2024)