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(A) Permitted uses. In the "AA-1", "AA-2", "A", "B", and "C" Districts a building or premises shall be used only for the following purposes:
(1) Single-family dwellings.
(B) Conditional uses. In the “AA-1", “AA-2", “A”, “B”, and “C” Districts there also may be the following conditional uses:
(1) Two-family dwelling but only in the “C” District.
(2) Public or private educational institutions having a curriculum the same as ordinarily given in public schools elementary and high.
(3) Any public building erected or used by any department of the village, township, public school district, county, state, or federal government.
(4) Hospitals and other medical facility.
(6) Community building or recreation field.
(7) [Intentionally deleted]
(8) Commercially operated greenhouses, nursery, truck garden and farm, provided that any building in which farm animals are kept shall be located not less than 50 feet from any property line.
(9) [Intentionally deleted]
(10) Clubs, incorporated and not operated for profit.
(11) Private schools, other than one offering curriculum of public elementary and high schools, nursery, prekindergarten, kindergarten, play, and special schools but only in the “B” and “C” Districts.
(12) Use of part of a lot for a private swimming pool, tennis or platform tennis court, or handball court. Tennis, platform tennis, and handball courts shall not be lighted when located on a lot containing a residential building.
(13) [Intentionally deleted]
(14) Nursing or convalescent homes.
(15) Municipally owned and operated parks and playgrounds.
(16) Religious places of worship.
(C) Accessory uses. In the "AA-1", "AA-2", "A", "B", and "C" Districts there also may be the following accessory uses:
(1) Private garage.
(2) Private stable.
(3) Temporary buildings for uses incidental to construction work which buildings shall be removed upon the completion or abandonment of the construction work.
(4) Home occupations.
(5) Accommodations for domestic persons employed and living on the premises.
(6) Raising and keeping of small animals and fowl, but not on a commercial basis.
(7) Garden house, pergola, ornamental fountains and pools, and tool sheds.
(8) Greenhouses for non-commercial purposes, whether attached or detached from the residence, and not covering an area greater than 25% of the footprint of the residence.
(9) Radio and television antennas when not visible from a street and not placed on a roof. Dish television antennas with a diameter of more than three feet shall not exceed six feet in height and shall be screened from view from adjacent property.
(10) Solar energy equipment may be erected on roofs or freestanding on the ground in all districts in accordance with the following standards and requirements:
(a) Solar panels shall be installed in locations that minimize visibility from public rights-of-way. In any case, they may not be located on the front elevation of any building or structure or visible from the front elevation.
(b) Rooftop solar panels shall be installed as follows:
1. Solar panels shall be installed flat on the plane of the roof and not alter the slope of the roof. In any case, they shall not project above the ridgeline of the roof;
2. Solar panels and mounting systems shall be in a color compatible with the color of the roof materials.
3. Solar panel installations shall be positioned behind existing architectural features such as parapets, dormers, and chimneys to limit their visibility.
4. Flat roof structures shall have solar panel installations set back from the roof edge to minimize visibility. Pitch and elevation shall be adjusted to minimize visibility from public rights-of-way.
5. All exterior electrical lines shall be in conduit painted in a color compatible with the color of building materials adjacent to the conduit.
6. For rooftop mounted solar water-heater panels, all exterior plumbing lines shall be painted in a color compatible with the color of the building materials adjacent to the plumbing lines.
7. Installation of solar panels shall not permanently damage the integrity of a pivotal or contributing building in a historic district, a historic landmark or historic site.
8. For a pivotal or contributing building in a historic district, a historic landmark or historic site, removing or otherwise altering a historic roof configuration - parapet, dormer, chimney or other feature - to add solar panels is prohibited.
(c) Ground-mounted solar panels shall be installed as follows:
1. Installations shall be limited to properties of one acre or larger;
2. Installations shall not exceed ten feet in height and 15 feet in width;
3. Installations shall be screened from public rights-of-way and adjoining yards with fencing or vegetation;
4. Installations on properties in a historic district or designated as a historic landmark or historic site shall not detract from the historic character or destroy historic landscape materials, such as walls, fences, fountains, and plantings;
5. Installations shall be subject to lot coverage limitations and accessory structure location requirements, as defined elsewhere in code;
6. All exterior electrical lines shall be in conduit and shall be buried; and
7. All exterior plumbing lines shall be buried.
(d) Solar energy equipment shall not block required parking.
(e) Nonfunctioning solar energy equipment shall be removed within three months of becoming nonfunctional.
(f) No solar energy equipment shall be installed without first obtaining a zoning certificate and certificate of appropriateness, if applicable, as well as building and electrical permits.
(11) Outdoor wood furnaces, as defined in § 154.03 of this code, may be erected in any district only in accordance with the following standards and requirements:
(a) All outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer’s instructions and applicable requirements of governmental agencies, including but not limited to, the Ohio Environmental Protection Agency.
(b) Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products or other listed fuels specifically permitted by the manufacturer’s instructions such as fuel oil, natural gas or propane backup, except where such list may be in conflict with the list of prohibited fuels below.
(c) The following fuels are strictly prohibited in new or existing outdoor wood furnaces:
1. Wood that has been painted, varnished, or coated with similar material and/or has been pressure treated with preservative, and/or contains resins or glues as in plywood or other composite wood products;
2. Rubbish or garbage, including but not limited to food wastes, food packaging, and food wraps;
3. Any plastic materials, including but not limited to nylon, PVC, ABS polystyrene or urethane foam, synthetic fabrics, plastic films and plastic containers;
4. Rubber, including but not limited to tires or other synthetic rubber-like materials;
5. Newspaper, cardboard, or any paper product with ink or dyes;
6. Any other materials not specifically allowed by the manufacturer or this provision.
(d) The minimum lot size for an outdoor wood furnace shall be five acres.
(e) The location of an outdoor wood furnace shall conform to all requirements and recommendations of the manufacturer and shall be at least 200 feet from all property lines.
(f) An outdoor wood furnace shall be equipped with a properly functioning spark arrestor.
(g) An outdoor wood furnace chimney shall conform to the following requirements:
1. The chimney shall extend either 20 feet above the ground surface or at least two feet above the peak of any residence not served by the outdoor wood furnace and located within 300 feet of such outdoor wood furnace, whichever is greater.
2. If there is an existing outdoor wood furnace and there is new construction of a residence not served by the outdoor wood furnace and located within 300 feet of the outdoor wood furnace, then the owner of such outdoor wood furnace shall conform to the chimney height requirements of this provision within 30 days after such new construction is complete.
(i) The operation of an outdoor wood furnace shall not:
1. Create smoke that violates the standards of § 94.02 of this code;
2. Emit pollutants such that persons on neighboring properties are exposed to levels deemed harmful by the Ohio Environmental Protection Agency or the United States Environmental Protection Agency; or
3. Expose persons on neighboring properties to any noxious gases or odors.
(j) Nonfunctioning outdoor wood furnaces shall be removed within three months of becoming nonfunctional.
(k) No outdoor wood furnace shall be installed without first obtaining a zoning certificate and certificate of appropriateness, if applicable, as well as building and electrical permits. Before operation of an outdoor wood furnace can begin, it must be inspected by a qualified inspector authorized by the village. The permit requirements shall include, but not be limited to:
1. Providing evidence that the outdoor wood furnace will meet all applicable requirements of governmental agencies, including but not limited to, the Ohio Environmental Protection Agency;
2. Agreeing to allow an inspection of the outdoor wood furnace whenever the Village has reason to believe that the outdoor wood furnace is operating in violation of this section; and
3. Payment of a fee of no more than $500 to defray the costs of the initial inspection of the outdoor wood furnace.
4. Conformance to such other reasonable requirements as the village may impose.
(l) Whoever violates any provision of this section shall be fined not more than $100. A separate violation shall be deemed committed on each day after the finding of a violation until such owner ceases operation of the outdoor wood furnace or demonstrates that the violation has ceased. In addition to the fine provided above, an owner found in violation of this section shall be liable for the costs incurred by the village in connection with finding and proving said violation.
(Am. Ord. 2005-26, passed 8-11-05; Am. Ord. 2006-08, passed 3-6-06; Am. Ord. 2012-49, passed 2-4-13; Am. Ord. 2015-17, passed 5-4-15; Am. Ord. 2016-18, passed 6-6-16) Penalty, see § 154.99