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1163.06 GAS AND OIL WELLS.
Gas and oil wells and attendant storage areas permitted by this Ordinance shall be located a minimum of two hundred feet (200’) from any property or right-of-way line. The site shall be maintained in good condition, and structures shall harmonize, insofar as possible, with the character of the structures in the district in which they are located.
(Ord. 2023-115. Passed 12-19-23.)
1163.07 TEMPORARY USE OF BUILDING, STRUCTURE OR LAND
(a) Uses. An existing structure, building, job trailer, or land may be used for a purpose which does not conform to this Ordinance such as tent meetings, circuses, tent sales, temporary storage, etc.
(b) Duration. A period not to exceed two (2) weeks in any calendar year.
(c) Permit Required. Permits for such temporary uses may be issued for a one (1) week period, and must be renewed for their continued uses.
(d) Conditions for Issuing Permit. Such permits shall be issued only if the Zoning Administrator determines:
(e) Non-Injurious. That such use will not injure or annoy neighboring property owners or users.
(f) Temporary. That such uses will be discontinued and all equipment or property in connection therewith removed immediately upon the expiration of the permit.
(Ord. 2023-115. Passed 12-19-23.)
1163.08 TEMPORARY USES – CONSTRUCTION.
Soil shredding, batch plants, logging, and other resource preparation or harvesting shall be permitted per the following:
(a) Site.
(1) On Site. Processing must occur on the construction site.
(2) Original to Site. Only materials original to the site may be processed.
(b) Duration. The length of processing time shall be the duration of the project unless the City Planning Commission sets a shorter time period. In no instance shall the processing continue for more than two (2) years without approval from the City Planning Commission.
(Ord. 2023-115. Passed 12-19-23.)
1163.09 ENTRANCEWAY ENHANCEMENTS
In all Districts, entranceway structures including, but not limited to: walls, columns and gates marking entrance to single-family subdivisions or multiple family housing projects may be permitted and may be located in a required yard, except as provided in Section 1163.11. Upon receiving an application for constructing an entranceway structure, the Zoning Administrator shall issue a permit if the proposed structure complies with all applicable standards and regulations. New accesses require City Planning Commission review and approval. Accesses proposed onto county or township roads must also adhere to the Hancock County Access Management Regulations. (Ord. 2023-115. Passed 12-19-23.)
1163.10 SUBDIVISION RULES AND REQUIREMENTS.
No lot of record shall be created for use by this Ordinance unless it expressly provided for and in conformance with the requirements set forth in the City of Findlay’s Subdivision Rules and
Procedures. (Ord. 2023-115. Passed 12-19-23.)
1163.11 CORNER VISION CLEARANCE STANDARDS.
(a) Triangular Clear Area. A triangular clear area shall be maintained at every corner of an intersection free from any kind of obstruction to vision above the heights of two feet (2)’) above the established street grade. This includes fencing and landscaping.
(b) Sight Triangle Leg Lengths.
(1) Street-Street Intersections. Sight triangle leg lengths shall be twenty-five feet (25’) measured from the projected intersection of the right-of-way lines.
(c) Structures. No primary or accessory structures, fences or signs are allowed to be placed or to project into the vision clearance triangle.
(d) Landscaping. Ground cover, annuals, perennials, and similar vegetation may be planted within the vision clearance triangle when the plants do not exceed three feet (3’) in height at maturity. Maintaining these heights of vegetation shall be the responsibility of the owner.
(Ord. 2023-115. Passed 12-19-23.)
1163.12 SWIMMING POOLS.
Private pools shall be permitted as an Accessory Use in the rear yard only, in all Districts except Commercial or Industrial Districts.
(a) General.
(1) Front Yard Prohibition. No swimming pool shall be located less than the required front yard setback from any front lot line.
(2) Setbacks. There shall be a minimum distance of not less than five feet (5’) between the adjoining property line or alley right-of-way and the outside of the pool wall.
(3) Temporary Pools. Inflatable/standing side pools are considered temporary. As such, these pools are exempt from the zoning ordinance. A removable ladder is required.
(b) In-ground Swimming Pools.
(1) Fencing. Access to all in-ground pools shall be restricted on all sides by an approved fence. The minimum height requirements for fences vary by type of pool and are as follows:
A. Family Pool. Four feet tall (48”)
B. Private/Public Pools. No less than six feet tall (6’)
(2) Access. Access to all swimming pools shall be through a controlled gate or other structure. The height of the gate shall match the requirement for the fencing. All gates shall be of a self-close type with a latch not readily available to children which is able to be securely locked.
(3) Pool Covers. Swimming pools with a power safety cover complying with ASTM F 1346 shall be exempted from the fence requirement.
(c) Above Ground Pools with Permanent/Rigid Walls. Above ground pools are exempt from fencing requirements when sides of pool are forty-two inches (42”) or higher, but not the access requirement. See Section 1163.12(b)(2).
Example 1: An above ground pool has a deck next to it with stairs leading up to the top. The stairs must be secured via a gate that is self-closing and latching.
Example 2: An above ground pool has a ladder to get into the pool. Remove the ladder when not in use.
(d) Approved Fence Required. An approved fence shall be constructed so that horizontal members are on the pool side of the enclosure and vertical members are not more than three- and one-half inches (3 ½”) apart. A building or existing wall may be used as part of such enclosure; however, all gates or door openings shall meet the requirements set forth in Section 1163.12 Swimming Pools. (See City of Findlay Codified Ordinances Section 1365.04).
(e) Applicability of Requirements. These fencing requirements shall apply to both new and existing outdoor swimming pools, and the requirements shall apply to each person in possession of land within the City, either owner, purchaser, lessee, tenant, or licensee, on which is situated a swimming pool.
(Ord. 2023-115. Passed 12-19-23.)
1163.13 DEMOLITION REQUIREMENTS.
(a) Permit Required for.
(1) Demolition of a primary or secondary structure.
(2) Demolition of any structure with a foundation.
(b) Conditions for Permit Issuance.
(1) Occupancy permit is revoked for the property.
(2) No remaining accessory structure is permitted to be used for any purpose if the primary structure has been demolished or lost due to a natural catastrophe. A demolition permit must be obtained within one (1) year unless a zoning permit is issued for a new primary structure in that same time period.
(3) Shut off of all utilities shall be coordinated with appropriate agency.
(Ord. 2023-115. Passed 12-19-23.)
1163.14 JUNKYARDS.
(a) Junkyards in Operation; Fence Required. No junkyard shall be operated or maintained adjacent to any improved public street or avenue of the City, or adjacent to any dwelling house occupied as such, until there is constructed and maintained a building or a tight board fence not less than eight feet (8’) in height, or other approved fence, between such street or avenue or such dwelling house, and that portion of the yard on which junk and refuse is stored or kept.
(b) Requirements for New Junkyards.
(1) No junkyard shall be created or erected within 100 feet (100’) of any street or avenue in the City or within 200 feet (200’) of any dwelling occupied as such without obtaining the written consent of the owner of such neighboring dwelling. In the event such written consent is obtained, there shall be constructed and maintained a building or a tight board fence not less than eight feet (8’) high between the property line of such consenting owner and the space in the open area of which junk and refuse is stored or proposed to be stored.
(2) The building or fence as provided in this Chapter and in Section 753.02 shall be kept in good repair, and (if wood) shall be painted and kept painted in accordance with regulations of the Service-Safety Director of the City.
(c) Junkyard License; Application; Fee.
(1) No junkyard shall be erected, created, maintained or operated in the City without having obtained a license from the Mayor.
(2) Each applicant for such license shall file with the Mayor a statement, verified by oath, giving the location of his place of business, the area in square feet to be occupied by the business, and the nature of the business, including a statement that he intends to comply with all the requirements of Chapters of the Ohio Revised code (O.R.C.) 753.01 to 753.05 and shall annually thereafter, thirty (30) days preceding the expiration of his license, file a like statement verified by oath.
(3) The fee to be paid annually for such license shall be set by City Council based on the following:
A. An amount for the first ten thousand square feet (10,000 sq. ft.).
B. Incremental amount for each additional ten thousand square feet (10,000 sq. ft.), or fraction thereof.
(4) All licenses shall be valid for one (1) year from the date of issuance, and shall not be renewed until the annual statement required herein has been made, and it has been shown to the satisfaction of the Mayor that the applicant has complied with all of the regulations and stipulations contained in Section 1163.14.
(d) Clean and Sanitary Condition. All junkyards operated and maintained in the City shall be kept in a clean and sanitary condition, and shall be subject at all times to the supervision and orders of the Service-Safety Director and Board of Health; and smoke or offensive odors shall not be permitted or allowed to escape in such manner or in such quantities as to cause or have a natural tendency to cause injury, detriment or annoyance to any person or to the public, or to endanger the comfort, repose, health or safety of any person or the public, or in such manner as to cause or have the natural tendency to cause injury or detriment to business or property.
(Ord. 2023-115. Passed 12-19-23.)
1163.15 ENFORCEMENT PROVISIONS.
The Zoning Administrator shall refer any proposed use which is likely to violate performance requirements to the City Planning Commission for review. The City Planning Commission, prior to the issuance of a Zoning Certificate, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements, including drainage, are to be controlled so as to conform with performance requirements herein set forth. See Chapter 1199 Violations, Enforcement, Penalties and Other Remedies.
(Ord. 2023-115. Passed 12-19-23.)