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Codified Ordinances of Harrison, OH
CODIFIED ORDINANCES OF THE CITY OF HARRISON OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 18-96
EDITOR'S NOTE
GENERAL INDEX
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Subdivision Regulations
TITLE THREE - General Zoning Provisions
TITLE FIVE - Zoning Districts and Regulations
CHAPTER 1139 Establishment of Districts and Map
CHAPTER 1143 Zoning Use Districts
CHAPTER 1147 Supplementary District Regulations
CHAPTER 1151 Telecommunications Antenna, Tower and Site Regulations
CHAPTER 1155 Non-Conforming Uses
CHAPTER 1159 Off-Street Parking and Loading
CHAPTER 1163 Signs
CHAPTER 1167 Landscaping
CHAPTER 1169 Design Standards
TITLE SEVEN - Zoning Administration
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   1147.18 ADULT BUSINESSES.
   In addition to complying with all regulations within the district where they are located, all sexually oriented business shall comply with Chapter 737 and the following criteria:
   A.    No sexually oriented business shall be permitted in a location which is within one thousand feet (1,000') of the lot line of another adult entertainment business.
   B.    No sexually oriented business shall be permitted in a location which is within one thousand feet (1,000') of the lot line for any church, any public or private school, any park, any playground, or any social services facility or neighborhood center.
   C.    No sexually oriented business shall be permitted in a location which is within one thousand feet (1,000') of the lot line for any residence or boundary of any residential district. (Ord. 26-18. Passed 7-17-18.)
   1147.19 ADULT GROUP HOMES.
   In addition to all other applicable provisions of this Ordinance, Adult Group Homes shall comply with the following criteria.
   A.    Evidence is presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency.
   B.    Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy.
   C.    No such facility may be located within six hundred feet (600') of another such facility.
   D.    The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
   E.    Such facility shall be reasonably accessible by virtue of its location or transportation provided by the applicant to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
   F.    The applicant shall provide a plan to the Director of Zoning or his/her authorized representative, indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
   G.    The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant to the Planning Commission.
      (Ord. 26-18. Passed 7-17-18.)
   1147.20 AMUSEMENT ARCADES.
   Amusement arcades shall comply with the following in addition to all other regulations that apply in this Ordinance and the Codified Ordinances of the City of Harrison:
   A.    An adult who is eighteen (18) years of age or over shall supervise the amusement arcade at all times during its hours of operation.
   B.    It shall be the obligation of the exhibitor of an amusement arcade to maintain peace and quiet and order in and about the premises. Failure to do so shall constitute a nuisance.
   C.    Coin operated amusement machines shall be placed at least two feet (2') apart and have four feet (4') of free space in front of the machine separate and apart from walking aisles.
   D.    If the place of business or premises for which an amusement arcade is proposed is a freestanding building, an exterior lighting plan must be approved by the Board of Zoning Appeals.
   E.    In establishments which serve alcoholic beverages, any area containing amusement devices shall be visually separated from that portion or portions of the establishment wherein alcoholic beverages are served or sold for carrying out of the premises.
   F.    No amusement arcade may be established, operated, or maintained in any place of business or on any premises which is within five hundred feet (500') of any adult entertainment business or within one thousand feet (1,000') of a school.
   G.    The applicant shall be required to file a copy of a license to operate and exhibit amusement devices and a notarized statement that the applicant shall not permit any school-aged person sixteen (16) years of age or younger to operate any devices on the premises between the hours of 8:00p.m. and 6:00a.m., unless accompanied by a parent or legal guardian.
      (Ord. 26-18. Passed 7-17-18.)
   1147.21 CHILD DAY CARE CENTER OR HOME.
   A.    Child Care Centers With More Than Twelve (12) Children in Attendance.
Child care centers with an average daily attendance of more than twelve (12) children are subject to the following regulations:
      1.    The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
      2.    Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
   B.    Child Day Care Home.
      
      1.    Home operated child care (Type B) with an average daily attendance of five (5) children or less are allowed in any residential district. No Zoning Certificate is required for this type of child care.
      2.    Home operated child care (Type A) with between six (6) and twelve (12) children in average daily attendance may be allowed in a residential district by conditional use. The petitioner shall be required to obtain a Zoning Certificate by proving that he or she has complied with all applicable state laws, and copies of the State permits shall be filed with the Director of Zoning or his/her authorized representative. The Zoning Certificate will expire on a yearly basis. The Zoning Certificate shall be renewed by the Director of Zoning or his/her authorized representative with proof that the petitioner has complied with all applicable State laws governing child care centers.
   C.    Review of Child Care Centers and Homes.
      Review of a child care center shall include, but is not limited to:
      1.    Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
      2.    Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
      3.    Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
      4.    Compliance with all State laws, ordinances, and regulations pertaining thereto.
   The application will be reviewed by the Director of Zoning or his/her authorized representative who has the power to grant or deny the permit. If the Director of Zoning or his/her authorized representative denies the permit, the petitioner may appeal to the Board of Zoning Appeals for reconsideration of issuance of the permit.
(Ord. 26-18. Passed 7-17-18.)
   1147.22 FIRE HAZARDS.
   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 as determined by the City fire inspector. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(Ord. 26-18. Passed 7-17-18.)
   1147.23 SALES: BASEMENT, GARAGE, PORCH, YARD, MOVING, ESTATE, AUCTIONS; PUBLIC HEARINGS, AND OTHERS.
   Garage sales are permitted in any residential district and are subject to the Codified Ordinances of the City of Harrison and the following conditions:
   A.    Basement, Garage, Porch, or Yard Sales; Moving or Estate Sales and Auctions.
Temporary basement, garage, porch or yard sales may be permitted subject to the following provisions:
      1.    An approved permit must be obtained from the Building and Zoning Department or his/her authorized representative or designee at least three (3) days before said sale is to take place. This permit shall be free of charge.
      2.    Upon registration, the sale shall only be permitted at the one (1) location for a period not to exceed three (3) consecutive days.
      3.    Not more than two (2) such sales at the same location will be permitted in any one (1) calendar year and not more frequently than one (1) in any month.
      4.    Such sales are permitted between the hours of 8:00 a.m. and 9:00 p.m.
      5.    No signs may be posted except on private property advising the public of such sale, and all signs must be removed within twenty-four (24) hours after the termination of the sale.
      6.    A legally permitted sale is limited to one sign, not greater than four square feet (4 s.f.) in size, which is located on the sale premises for a time period of five (5) consecutive days. Such signs shall not be located in a public right-of-way. Sale signs conforming to the above requirements do not require a sign permit. Signs that do not conform to the above requirements are subject to penalty and fine according to Sections 1175.16 and/or 1175.99.
      7.    All items displayed for sale must be displayed on the premises at the location stated on the registration permit form.
      8.    Moving or estate sales or auctions shall be subject to the same provisions governing basement, garage, porch, or yard sales, unless otherwise specified by the Director of Zoning and/or designee.
         (Ord. 26-18. Passed 7-17-18.)
   1147.24 HOME OCCUPATIONS.
   Home Occupations shall require a permit and shall comply with all of the following regulations:
   A.    There shall be no more than one (1) nonresidential employee or volunteer to be engaged in the proposed use.
   B.    Sales of commodities not produced on the premises may be permitted, provided that the commodities are specified in the application and are reasonably related to the home occupation.
   C.    Not more than twenty percent (20%) of the gross floor area of any residence or two hundred and fifty (250) square feet, whichever is larger shall be devoted to the proposed home occupation.
   D.    The external appearance of the structure in which the use is to be conducted shall not be altered and not more than one (1) sign no larger than two square feet (2 sf.) shall be mounted flush to the wall of the structure.
   E.    Minor alterations (non-structural) may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction without a Building Permit.
   F.    No equipment, process, materials, or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
   G.    No more than two (2) additional parking places which shall not be located in a required front yard may be proposed in conjunction with the home occupation.
   H.    The home occupation permit shall expire in the event of change in ownership of the property at the location for which it was issued, or any change in location of the original home occupation.
      (Ord. 26-18. Passed 7-17-18.)
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