(a) Building on Lots within Watercourse, Pond or Wetland Areas. No building shall be within fifty (50) feet of any watercourse or wetland area; or, if subject to flooding, within ten (10) feet beyond its flood line. If the watercourse flows into a reservoir used for public water supply, no building shall be within one hundred (100) feet of said watercourse. No sewage disposal facility shall be closer than one hundred (100) feet from any stream, pond, river or shoreline.
(b) Private Swimming Pools. A private swimming pool installed or maintained as an accessory use where permitted as an accessory use shall meet the following requirements:
(1) A private swimming pool shall be used only as an accessory use to a dwelling for the private use of the owner, occupant, guests or employees.
(2) The construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by the Village, County or State codes.
(3) A Zoning Permit shall be required for all types of pools that are three hundred (300) square feet or more in area with a depth at any point of two (2) feet or more.
(4) All types of pools shall be constructed to conform to the Sections pertaining to set-back building lines, side yards, rear yards and corner lots.
(5) All pools of the below ground level type shall be completely enclosed by a fence erected. The fence shall be at least five (5) feet high, but not to exceed six (6) feet high, and all points of entry shall be equipped with gates of the same height. All gates shall be equipped with self-closing or self- latching devices placed at the top of the gates and made inaccessible to small children. Pools of the above ground level type need not be enclosed by a fence; however, they must have a height of five (5) feet above ground level or appropriate fencing to the height, including a gate at accesses to the water, which makes the pool inaccessible to small children.
(6) The use of a pool prior to the installation of the protective fencing and equipment required herein “IS HEREBY PROHIBITED.” Use includes the act of filling the pool with water for any reason.
(c) Private Stables. Private stables where permitted shall meet the following requirements:
(1) No building in which animals are housed shall be located less than one hundred (100) feet from any lot line.
(2) No manure shall be stored within two hundred (200) feet on any residence.
(d) Special Provisions for Business and Industrial Uses Applicable to the Commercial and Industrial Districts: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the performance requirements in the following subsections (1) through (11) inclusive.
(1) Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(2) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbances.
(3) Air pollution. No pollution of air by fly ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(4) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street.
(5) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(6) Water pollution. Water pollution shall be to the requirements and regulations established by the Ohio Environmental Protection Agency (OPEA).
(7) Noise. Objectionable noise as determined by the Board of Appeals which is due to volume, frequency, or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.
(8) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(Ord. 97-27. Passed 6-19-27.)
(9) Enforcement provisions. The Planning Commission, as part of the site plan review process prior to the issuance of a zoning permit may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. (Ord. 2013-26. Passed 10-3-13.)
(10) Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., Washington, D.C.; the United States Bureau of Mines; and the Ohio Environmental Protection Agency.
(11) Buffer. Where adjacent land use dictates, buffer zones may be required. Any use requiring a buffer zone shall be contained within a visual screen of evergreen or evergreen-type shrubs located within ten (10) feet of the property line, in good condition, and set at intervals of six (6) feet or less.
(Ord. 97-27. Passed 6-19-27.)
(12) Lights. It is unlawful for any commercial or industrial operation to display lights in such a manner so that the beams or the rays from the light source shall be directed to and unshielded from adjacent properties. All light sources shall be arranged, angled or shielded in such a manner so as the light will not be a nuisance to adjacent residential properties, and does not direct or display beyond the property line of the commercial or industrial property. (Ord. 2016-16. Passed 6-2-16.)
(e) Eating Establishments. Such businesses where food is sold or served as a carry-out to customers in automobiles shall be not closer than two hundred (200) feet to any Residential District and shall provide ingress and egress so as to minimize traffic congestion. The number and location of curb cuts shall be subject to the review and approval of the Planning Commission. Screening shall be in accordance with Section 1117.06
. Signs and parking area illumination shall be in accordance with other sections of this Zoning Ordinance.
(Ord. 97-27. Passed 6-19-27; Ord. 2013-26. Passed 10-3-13.)
(f) Home Occupations. A permitted home occupation operated in any dwelling unit may be operated only if it complies with all of the following conditions and a Use Permit is granted by the Zoning Board of Appeals and issued by the Zoning Inspector for the intended home occupation.
(1) Where permitted. Within a single dwelling unit, or in a building or other structure accessory to a dwelling unit and only by the person or persons maintaining a dwelling unit therein and not more than one (1) additional person shall be employed in the home occupation.
(2) Evidence of use. Does not display or create outside the building any evidence of the home occupation, except that one unanimated, non- illuminated flat or window sign having an area of not more than sixty (60) square inches shall be permitted on each street front of the lot on which the building is situated.
(3) Permitted uses. Includes not more than one (1) of the following uses provided that such uses are clearly incidental and secondary to the use of the dwelling unit for residential purposes:
A. Medical and dental offices in accordance with provisions for off- street parking as required herein with not more than one (1) nonresident assistant.
B. Other professional offices, including lawyer, engineer, architect, etc.
C. Custom dressmaking, seamstress or milliner.
D. Artist or musician.
E. Foster family care (for not more than four (4) children simultaneously).
F. Tutoring.
G. Beauty shop or barber shop. (Ord. 97-27. Passed 6-19-97.)