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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.)
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.)
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.)
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.)
Also refer to Chapter 717 in the Codified Ordinances of the City of Harrison.
A. The accumulation or storage of rubbish, junk motor vehicles (as defined under ORC 4513.65), disabled or inoperative machinery or equipment, vehicles or machinery parts, rags, or any other discarded objects or debris defined in this Ordinance shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents.
B. No person shall permit rubbish and debris to accumulate on land owned or occupied or to blow or spill over onto the property of another.
C. Uncontrolled accumulation of litter is a nuisance and is subject to abatement by the City or owners of surrounding land.
(Ord. 26-18. Passed 7-17-18.)
A. Conditions Governing Mineral Extraction
Excavation, stripping, quarrying, and processing operations employed in the extraction of minerals, clay, sand, gravel, and topsoil shall be conducted in such a manner as to eliminate as far as practicable noise, vibration, or dust which would injure or annoy persons living or working in the vicinity of the operations. Access ways or roads within the premises shall be maintained in a dust free condition through surfacing or such other treatment as may be necessary. Performance Requirements of this Zoning Ordinance shall be met.
B. Location.
Excavation for extraction purposes shall be located at least one hundred (100) feet from a street right-of-way line and the property lines bounding the extraction area. Stripping of topsoil shall not be conducted closer than one hundred (100) feet to any residential property or district. Plants or equipment for processing of extracted materials or other approved operations shall not be located nearer than five hundred (500) feet to the boundary of the land included in an area approved for extraction purposes in any other district.
C. Rehabilitation Plan.
Extraction shall be permitted only from areas for which there is a Rehabilitation Plan approved by the Council. Rehabilitation Plans shall include the following:
1. A grading plan showing existing contours for the extraction area and proposed future contours showing the manner in which the area is to be restored. Plans shall be drawn to an appropriate scale with contour lines at intervals of five (5) feet or less.
a) Existing and proposed drainage of the area.
b) Details of regrading and revegetation of the site during and at completion of operations.
2. Required Rehabilitation
The following requirements shall be met in the Rehabilitation Plan:
a) The banks of all extraction, when not back-filled shall be sloped at a grade of not less than two (2) feet horizontal to one (1) foot vertical. The slope shall be maintained twenty (20) feet beyond the water line if such exists.
b) Spoil banks shall be graded to a level compatible with the terrain.
c) All banks and extracted areas shall be surfaced with a suitable soil cover, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses, and maintained until soil is stabilized.
d) Upon completion of extraction operations the area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion.
e) All equipment, buildings and structures for which no future use is contemplated and for which no other acceptable use is practicable or feasible, shall be removed within three (3) months of the completion of extraction operations.
(Ord. 26-18. Passed 7-17-18.)
No person shall operate or use any machine, equipment, or mechanical device on a lot except for agricultural purposes so as to create any noise which would cause the noise level, measured at the lot line of the lot affected by the noise emission, to exceed the applicable fixed noise level set forth in this Section. If the measurement location is on a boundary between two (2) zoning districts, the lower noise level shall apply.
A. Noise limits shall not exceed the following:
1. In Zoning District R-1, R-3, R-4, PUD-RES: 80 decibels from 7:00 a.m. to 8:59 p.m. and 65 decibels from 9:00 p.m. to 6:59 a.m.
2. In Zoning District B-1, B-4, DRD, PUD-BUS: 85 decibels from 7:00 a.m. to 8:59 p.m. and 80 decibels from 9:00 p.m. to 6:59 a.m.
3. In Zoning Districts M-1 & M-2: 85 decibels at any time of day
B. Provisions of Section 1147.27 shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 75 dbA when measured at the lot line of the lot on which it is located.
C. NOISES AT NIGHT: Between the hours of 10:00 p.m. and 7:00 a.m., no person shall, within 1,000 feet of any residentially zoned property, operate or use any power-driven construction equipment or other apparatus or tools, which make loud or unusual noise, except by special written permission from the Building Official.
(Ord. 26-18. Passed 7-17-18.)
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