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§ 155.63 GASOLINE SERVICE STATIONS.
   The following regulations shall apply to all gasoline service stations.
   (A)   There shall be a building setback from all right-of-way lines a distance of not less than 40 feet.
   (B)   Service stations shall not be constructed closer than 50 feet to any residential district.
   (C)   The minimum distance between the intersection of right-of-way lines at a corner lot and the driveway to a service station shall be not less than 40 feet.
   (D)   When two curb openings are giving access to a single street, they shall be separated by an island with a minimum dimension of 25 feet at both the edge of the pavement and the right-of-way line. Curb cuts for driveways shall not be located closer than ten feet to any adjoining property line.
   (E)   To insure that sufficient room is provided on either side of the pumps without intruding upon sidewalks or on adjoining property, gasoline pumps shall not be located closer than 50 feet from any residential district and 15 feet from any public sidewalk.
   (F)   Gasoline pumps shall not be located closer than fifteen 15 feet to any street right-of-way line when no sidewalks exist.
   (G)   A masonry wall or solid fence shall be constructed when service station property abuts property zoned for residential purposes. Such wall shall be not less than five feet in height, except such wall or fence shall be not less than two feet or exceed three and one-half feet in height for that portion within the most restrictive setback requirements. All required yards shall be landscaped and maintained.
   (H)   Off-street parking shall be as regulated in § 155.59.
   (I)   Signs shall be as regulated in § 155.62.
(Ord. 10.6, passed 3-17-2009)
§ 155.64 CUSTOMARY HOME OCCUPATIONS.
   (A)   This section defines customary home occupations and prescribes the conditions under which such occupations shall be permitted.
   (B)   A customary home occupation is a gainful occupation or profession conducted by members of a family residing on the premises and conducted entirely on the premises. In connection with a home occupation, no stock in trade shall be displayed outside the structures.
(Ord. 10.6, passed 3-17-2009)
§ 155.65 TEMPORARY USES.
   The regulations contained in this section are necessary to govern the operation of certain transitory or seasonal uses, non-permanent in nature that are customarily done for profit and generating a flow of customers.
   (A)   An application for temporary use permit shall be made to the governing body and shall contain the following information:
      (1)   A survey or legal description of the property to be used, rented, or leased for a temporary use, including all information necessary to accurately portray the property;
      (2)   A description of the proposed use; and
      (3)   Sufficient information to determine the yard requirements, setbacks, sanitary facilities, and availability of parking space to service the proposed use.
   (B)   The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow, and to the regulations of any district in which such use is located.
      (1)   Carnival or circus. In any non-residential district, a temporary use permit may be issued for a carnival or circus, but such permit shall be issued for a period not longer than 15 days. Such a use shall set back from all residential districts at a distance of 100 feet or more.
      (2)   Christmas tree sale. In any non-residential district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a period not longer than 30 days.
      (3)   Temporary buildings. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than one year but may be renewed a maximum of two one-year extensions. However, such office or shed shall be removed upon completion of the construction project or upon expiration of the temporary use permit, whichever occurs sooner.
      (4)   Real estate sales office. In any district a temporary use permit may be issued for a temporary real estate office in an approved new subdivision. Such office shall contain no sleeping or cooking accommodations. Such permit shall be valid for not more than one year, but may be renewed a maximum of three one-year extensions. Such office shall be removed or converted to a conforming use upon completion of the development of the subdivision or upon expiration of the temporary use permit, whichever occurs sooner.
(Ord. 10.6, passed 3-17-2009)
§ 155.66 TENTS.
   No tent shall be used, erected, or maintained as a permanent living quarters.
(Ord. 10.6, passed 3-17-2009)
§ 155.67 SWIMMING POOLS.
   The following regulations shall apply to swimming pools.
   (A)   A private swimming pool shall be any pool or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than three feet. Private swimming pools are permitted in any residential district provided:
      (1)   The pool is intended and is to be used solely for enjoyment of the occupants of the property on which it is located and their guests;
      (2)   If the swimming pool or part thereof is located in the front yard, it shall be not less than half of the required front yard set back; and
      (3)   The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than six feet in height and maintained in good condition.
   (B)   A community or club swimming pool not open to the public shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools shall comply with the following conditions and requirements:
      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;
      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall be not closer than 25 feet to any property line of the property on which located; and
      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties. Safe fence or wall shall be no less than six feet in height and maintained in good condition. The area surrounding the enclosure, except for parking spaces, shall be suitably landscaped with grass, hardy shrubs, and trees, and maintained in good condition.
(Ord. 10.6, passed 3-17-2009)
§ 155.68 LIGHTING.
   Lighting of all types shall be directed so as to reflect from all residential districts, and shall be so situated so as not to reflect directly on any public rights-of-way.
(Ord. 10.6, passed 3-17-2009)
§ 155.69 PRE-EXISTING CONDITIONS.
   Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained, and repaired, except as otherwise provided in this section.
   (A)   Continuance of non-conforming uses. The lawful operation of a non-conforming use as such use existed on the effective date of this chapter, or any amendment hereto, by which the use became a non-conforming use, may be continued; provided, however, that the number of dwelling units in a non-conforming dwelling use shall not be increased over or exceed the number of dwelling units in the non-conforming use on the effective date of this chapter.
   (B)   Extension of non-conforming uses in structures. A non-conforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein.
   (C)   Termination of non-conforming uses. Except as hereinafter provided, a non-conforming use that has been abandoned or discontinued for a year shall not be re-established.
   (D)   Non-conforming use of open land. A non-conforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally outdoors and outside of a building or structure shall, after discontinuance of its principal use or abandonment of one year, become a prohibited and unlawful use and shall be discontinued.
   (E)   Enlargement or extension of non-conforming structures. A non-conforming structure in which a non-conforming use is operated shall not be enlarged or extended; a non-conforming structure in which only permitted uses are operated may be enlarged or extended in the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the non-conforming structure is located.
   (F)   Restoration of damages non-conforming structures. A non-conforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60% of its replacement cost may be restored to its original or better condition, provided restoration is completed within one year of the date of the damage.
   (G)   Outdoor advertising signs and structures. No outdoor sign or outdoor advertising structure which, after the adoption of this chapter, exists as a non-conforming use in any district, shall continue, as herein provided for non-conforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years.
   (H)   Non-conforming manufactured home use and change of ownership. See Chapter 153 regarding mobile homes.
(Ord. 10.6, passed 3-17-2009)
§ 155.70 FENCING.
   Fences, walls, and screening are allowed in all yards provided they meet the following height limitations and construction standards unless otherwise stated:
   (A)   Fence construction standards.
      (1)   All posts and bracing shall face towards the owner.
      (2)   Shall be constructed on the owner's property and shall be allowed on the property line. And it is the fence owner's responsibility to know for sure where the line is. If it's found that the fence is on the wrong side of the line, it has to be (re)moved at their expense.
      (3)   Materials:
         (a)   Fences shall not be constructed of electrically charged wire, razor wire or wire fences such as those with hardware cloth, chicken wire, agriculture, or others. Moreover, materials not specifically manufactured for permanent fencing are not allowed, and no fence shall be made of, in whole or in part, cloth, canvas or other like material. With the exception of a snow fence.
         (b)   The cut or selvage end of wire or metal fencing materials may not be exposed at the top of a fence if the height of the fence is less than six feet. Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed. All exposed steel, except galvanized metal fences, shall have a colored finished coat applied to them and be preserved against rust and corrosion.
         (c)   Property owners shall be responsible for the maintenance of the fencing, walls and hedges on their property, and for removal of any fence, wall, or hedge if it becomes unsightly or a menace to public safety, health or welfare.
   (B)   Residential District - front yards.
      (1)   Shall not exceed five feet.
      (2)   Shall not exceed two and one-half feet within the herein-defined "Traffic Visibility Triangle" on corner lots, unless construction is of a see through type.
         (a)   Residential District. Side and rear yards shall not exceed six feet; and front yard shall not exceed feet.
         (b)   Commercial and Industrial. All fencing, walls, buffer zones and screening shall not exceed eight feet.
         (c)   Temporary fence. The Board of Trustees may require that a temporary fence be constructed on or around any demolition or construction site, when deemed necessary to protect the public.
         (d)   Flood zone. A fence constructed in the flood zone requires a floodplain permit and approval by the Floodplain Administrator. Fences generally must be a breakaway or drop fence (designed to fail under flood conditions.).
   (C)   Variance; standards for variance approval. When determining a variance to fence, wall, and hedge requirements, the zoning board shall consider the following:
      (1)   Safety in regard to the subject property, adjacent properties, ingress and egress, streets, alleyways, and water bodies.
      (2)   Visual impact on adjacent properties, streets, alleyways, and water bodies.
      (3)   Design in relation to other structures on the same lot, adjacent properties, and the neighborhood.
      (4)   Impact on ingress and egress, if applicable.
      (5)   Screening, buffering or separation of any nuisance or hazardous feature.
      (6)   Compatibility with adjacent properties.
(Ord. passed 11-3-2020)
ADMINISTRATION AND ENFORCEMENT
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