(a) External Effects: No land, building 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, brilliant light or vibration; smoke, dust, fumes, odor or other form of air pollution; heat, cold or dampness; electrical or electronic disturbances; nuclear radiation; or any other condition, substance or element which is dangerous, injurious, noxious or otherwise objectionable to any person or property outside of the premises on which such building, structure or use is located. Such uses, when lawfully permitted under the provisions of this UDO, shall be operated in a manner so as to ensure that the property rights of all other parcels of land will not be adversely affected to the extent of reducing the enjoyment of property rights thereon.
(b) Modifications of Dimensional Requirements:
(1) Exceptions to Height Limitations:
A. Chimneys, domes, spires and necessary mechanical appurtenances and radio and television towers may exceed district height limitations.
B. Public, semipublic or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding ninety (90) feet when the required side and rear yards are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.
C. Radio and television towers for residential uses shall be located centrally on a contiguous parcel having a dimension at least equal to the height of the tower measured from the center of the base of the tower to all points on each property line.
(2) Yards Required for Corner and Through Lots:
A. In any district, the side yard of a corner lot that abuts the side street shall have the same setback requirements as the front yard. The Zoning and Building Official shall determine which is the front yard and which is the side yard.
B. A rear yard shall be provided parallel to and opposite from the front yard.
C. On through lots, the front yard requirements shall apply to all street frontages.
(3) Lots Adjoining Alleys: In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this UDO, one-half the width of such alley abutting the lot shall be considered as part of such lot.
(c) Removal of Soil, Sand or Other Materials: The use of land for the removal of topsoil, sand and other materials from the land, other than materials from basement excavations, is not permitted in any district, except under a temporary permit from the Appeals Board. This permit may be denied or issued in appropriate cases after the filing of an application accompanied by a suitable agreement or bond that such removal will not cause stagnant water to collect and will not leave the surface of the land, at the expiration of such permit, in an unstable condition or unfit for the growing of turf or for other land uses permitted in the district in which such removal occurs.
(d) Essential Services: Essential service shall be allowed in any district insofar as permitted, authorized or regulated by law or other ordinance. Buildings required in conjunction with an essential service may be permitted in any district when approved by the Planning Board. In granting such permission, the Planning Board shall take into consideration the location, size, use and effect such building will have on the adjacent land.
(e) Projections into Yards:
(1) Chimneys, flues, sills, pilasters, cornices, eaves, gutters and other similar features may project into a side yard setback a maximum of twelve (12) inches.
(2) Porches and steps may project into the front yard setback of a dwelling unit, but shall have a setback of ten (10) feet, and no other structural projections will be permitted.
(f) Parking of Commercial Trucks and Trailers on Private Property:
(1) Required Screening: No commercial motor vehicle, and no trailer having more than two tires, shall be parked, stored or allowed to remain for more than 24 hours in any 48-hour period on any lot or parcel of land in this City, within a front yard or side yard, unless fully contained within an enclosed structure.
(2) Restrictions for Unscreened Parking: Any motor vehicle with no more than four tires, and any trailer with no more than two tires, may be parked, stored or allowed to remain outside of a fully enclosed structure, subject to the following conditions:
A. All such vehicles and trailers, when parked more than two hours in any 24-hour period, shall be located no closer to any street right-of- way than the building setback line or the most remote wall of the building elevation facing the street, whichever is further from the street;
B. All such vehicles or trailers shall be parked at least three (3) feet from any side lot line. A side yard facing a street on a corner lot shall be considered a front yard;
C. Only one such vehicle or trailer may be parked outside of a fully enclosed building at any one dwelling unit, and may not be parked outside in addition to a recreational vehicle, trailer or boat parked in compliance with Section 1113.07(h); and
D. Any equipment and/or load attached to, or supported by, such vehicle must be totally enclosed within this vehicle to conceal it from external observation.
(3) Exemptions for Temporary Vehicle Usage: This Section shall not apply to:
A. Emergency vehicles;
B. Utility vehicles on service calls;
C. Vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed during the time of parking such vehicles, or to the time during which such vehicle, trailer or semi-trailer is being loaded or unloaded, or used to deliver or hoist property or merchandise for completion of delivery, if such loading, unloading or other activities referred to in this provision are conducted diligently and without unnecessary delay; or
D. As approved by the City Manager.
(g) Parking of Motor Vehicles:
(1) Restrictions in Residential Districts: In a residential zoning district, an automobile, motorcycle or other motor vehicle shall not remain on any non- impervious parking surface (such as lawn) of any lot for a period of not more than four hours. Impervious surfaces are any surface that cannot be easily penetrated by water, thereby resulting in runoff. All vehicles parked or stored on residential property, other than in completely enclosed buildings, shall be operable and in condition to be legally operated on public highway or street and shall bear proper tags and validation stickers. For purposes of this Section, a motor vehicle shall be deemed inoperable when any of the following conditions exist:
A. One or more wheels are missing;
B. One or more tires are missing;
C. One or more tires are flat;
D. One or more windows are cracked, broken or missing;
E. The windshield is shattered or missing;
F. Parts necessary for the operation of the vehicle are missing or any other parts such as fenders, doors, and hoods; or,
G. When the vehicle is not capable of being started and driven from the location in question.
(2) Collector’s Vehicles: In accordance with the Ohio Revised Code, collector’s vehicles may be kept on private property, with the permission of the person having the right to possession of the property, if such vehicle bears current registration, is parked on an impervious surface in compliance with the UDO, and is concealed by means plant material or landscape design elements which obscure the visibility of the parked vehicle from adjacent residential property and public right-of-way.
(3) Exemptions for Temporary Vehicle Usage: This Section shall not apply to:
A. Emergency vehicles;
B. Utility vehicles on service calls; and
C. Vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed during the time of parking such vehicles, or to the time during which such vehicle, trailer or semi-trailer is being loaded or unloaded, or used to deliver or hoist property or merchandise for completion of delivery, if such loading, unloading or other activities referred to in this provision are conducted diligently and without unnecessary delay; or
D. As approved by the City Manager.
(h) Parking of Recreational Vehicles, Watercraft and Recreational Trailers on Private Property: This paragraph addresses three types of equipment generically called recreational vehicles, watercraft and recreational trailers, (hereinafter referred to as vehicles), which are further defined below.
(1) Definitions:
A. Recreational Vehicle: Means a vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational and vacation use. Types of recreational vehicles include, but are not limited to, self-propelled motor homes, and non- self-propelled travel trailers, truck campers, fifth wheel trailers and park trailers.
B. Recreational Trailers: Types of recreational trailers include, but are not limited to, any form of device, equipment, or machinery on wheels, or a single wheel, that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle. This shall include every vehicle designed and utilized for the sole purpose of transporting any boat, auto, snowmobile, recreational habitation, and the like, which does not have motor power, but is designed to be drawn by another vehicle.
C. Watercraft: Types of watercraft include, but are not limited to, any of the following when used or capable of being used for transportation on the water:
1. A boat operated by machinery either permanently or temporarily affixed;
2. A sailboat other than a sailboard;
3. An inflatable, manually propelled boat having a hull identification number meeting the requirements of the United States Coast Guard; and
4. A canoe or rowboat.
(2) Specifications: All vehicles shall meet the following conditions when parked in any residential zoning district within the City:
A. Location/Screening: When located outside an enclosed structure, all such vehicles must be parked within the buildable area of any given lot, and be screened from the view of surrounding neighbors and passing motorists. The use of tarpaulins and/or location within an open-sided carport does not qualify as adequate screening. If the Zoning and Building Official receives an objection to the degree of obscurity, he shall determine if adequate screening or obscurity exists. The opinion of the Zoning and Building Official may be appealed to Appeals Board by any party affected by this opinion, within twenty (20) days, pursuant to Section 1115.10. The extent of owner liability for obscurity is limited to the erection of a six-(6) foot opaque wooden fence screening the vehicle from view from all abutting property owners and streets.
B. Parking: No vehicle shall be parked, stored or allowed to remain for more than twenty-four (24) hours in any forty-eight (48) hour period within a front yard or side yard on any lot or parcel of land in this City, unless fully contained within an enclosed structure, except when being loaded or unloaded.
C. Improvements: No vehicle shall be parked, stored or allowed to remain on a lot or parcel of land which is not improved with a principal building.
D. Habitation/Guest Occupancy: A vehicle may not be used for overnight sleeping or living while parked on private property within the City, except that a vehicle may be parked on private property in the rear yard for a period not to exceed, in the aggregate, seventy- two (72) hours in any thirty (30) day period, and if the owner or person in charge of such vehicle is a bona fide guest of the occupant or occupants of such private property.
E. Storage: No parked vehicle shall be used as a means of permanent storage for any materials that a reasonable person would not store. Acceptable materials include dishes, linens, or other items used in the course of travel in, or use of the vehicle.
F. Registration: All recreational vehicles and recreational trailers shall be operable and have borne valid registration and licenses within the most recent twelve (12) month period. All watercraft shall be operable and have been registered within the most recent twelve (12) month period. Operable in the case of a powered vehicle means a vehicle capable of being started and driven from the location in question. Operable in the case of a non-powered or waterborne vehicle means a vehicle capable of being towed from the location in question.
G. Indoor Storage: Parking vehicles under roof within a permanent enclosure is encouraged.
H. Maintenance/Condition: A vehicle is inadequately maintained, and shall be removed from the City, when all of the following conditions are met:
1. The vehicle is three years or older; and
2. The vehicle is extensively damaged. Such damage may include, but is not limited to, any of the following: broken windows or windshield, missing wheels, tires, motor or transmission or any other major parts; and/or
3. The vehicle is apparently inoperable.
I. Ownership: The vehicle must be owned by a resident on whose lot it is parked, unless it qualifies for the guest occupancy exception above.
J. Safety: The vehicle shall not be parked in an unsafe manner.
(i) Authority to Grant Parking Exceptions: The City Manager is authorized to grant temporary exceptions to or modifications in special circumstances where a necessity exists for the use of a vehicle described in Section 1113.07
(f), (g) or (h) hereof, and the prohibitions contained in said section would constitute a real hardship. Such special circumstances may include, but are not limited to, the location of a field office required for a construction project. Such permission shall be limited to the time during which the use of such vehicle is reasonably necessary for the project for which such exception was granted.
(j) Home Sales:
(1) Definition: “Home Sale” means a sale of personal property to the general public conducted in or on any property within a residential zoning district, to include, without limitation, garage sales, patio sales, yard sales, porch sales, driveway sales, motor vehicle sales, and the sale of boats, trailers, motorcycles, motor homes and the like.
(2) Prohibitions:
A. No person shall sell, or offer for sale, at such home sale any merchandise that has been purchased, consigned or otherwise acquired for purposes of resale. The offering of new merchandise for sale shall be evidence that such merchandise was acquired by the resident for purpose of resale. No person shall sell, or offer for sale, at such home sale any personal property except such as has been owned and maintained by such person or members of his family on or in connection with the premises on which such sale is held.
B. This prohibition shall not apply to not-for-profit corporations, churches, temples, schools, fraternities, sororities, associations, clubs or lodges. Such organizations may conduct sales of personal property donated to them on real estate owned or occupied by such organizations.
(3) Frequency and Duration of Sales: Only one such sale may be conducted on any parcel of real estate in any two (2) month period, which sale shall be limited to not more than four (4) consecutive days or two (2) consecutive weekends of two (2) days each. No sale may commence before the hour of 8:00 a.m. or extend later than 8:00 p.m. This shall not apply to the sale of motor vehicles, boats, trailers, motorcycles or motor homes.
(4) Other Conditions of Sales: No sign advertising a home sale may be displayed at any place except on the premises on which the sale is held. Only one such sign may be displayed, and its display shall be limited to the dates and hours during which the sale is held. Such sign shall not be larger than four (4) square feet in area, shall not be illuminated or animated, and shall not contain any advertising material unrelated to the conduct of the sale. No sign may be displayed for the sale of a motor vehicle, boat, trailer, motorcycle or motor home on the premises.
(5) Sale of Motor Vehicles, Boats, Trailers, Motorcycles and Motor Homes: The following provisions shall apply in the case of any motor vehicle, boat, trailer, motorcycle or motor home offered for sale:
A. Such vehicles may be displayed for sale only upon an impervious surface on any portion of the lot, including those located in any front, rear or side yards, provided that the vehicle is not parked in the City’s right-of-way. Only one such item may be displayed at any time;
B. No person shall park or leave standing any vehicle upon any property not owned or controlled by such person for the principal purpose of advertising or displaying it for sale;
C. Not more than two (2) signs, each of which shall not exceed one (1) square foot in area, may be displayed for the sale of such item upon or in the motor vehicle, boat, trailer, motorcycle or motor home only, provided that such signs shall not be illuminated or animated; and
D. Any such motor vehicle, boat, trailer, motorcycle or motor home displayed for sale must be in operating condition and capable of being immediately moved under its own power if self-propelled or, if not self-propelled, by towing by ordinary means available upon the premises. This shall not apply to corporations not-for-profits, churches, temples, schools, fraternities, sororities, associations, clubs, lodges, or any form of business, whether sole proprietorship, partnership, or corporation, carried on for profit whether formally organized or not.
(6) Exemptions: Except as provided in (4) and (5) above, these provisions shall not apply to a sale of property publicized solely by classified newspaper advertising, which describes or identifies the specific property offered for sale and does not designate the date, hours or location of the sale other than by stating the name, address or telephone number of the seller.
(Ord. 05-16. Passed 11-7-05.)