§ 155.074  ACCESSORY USES AND STRUCTURES.
   The following section contains additional standards that shall be met by an applicant for accessory uses.
   (A)   Accessory buildings and structures.
      (1)   Accessory buildings and structures shall be permitted in the residential zoning districts subject to the dimensional standards in Table 5: Residential Development Standards and the following.
         (a)   Accessory buildings and structures shall only be permitted in the rear yard.
         (b)   Maximum height is 12 feet for the Residential “A” and “B” District, and 20 feet for the Residential Farm Land “F” District.
         (c)   Minimum setback is three feet from alley lines, adjoining property lines, and other buildings or structures on the same lot except as noted in division (A)(1)(d) of this section.
         (d)   On corner lots, accessory buildings shall be setback at a minimum the same as the principal structure.
         (e)   If an accessory structure is connected to the principal structure, the setbacks of the principal structure shall apply.
         (f)   A fence is considered an accessory structure. Fencing located in the front yard or corner lots where the yard(s) are facing the street(s), are restricted to the height of four feet tall and must be of ornamental design. There is no minimum setback from the property line for fencing. If on property line, refer to and follow guidelines set forth in subsection (d) above. If the property lines need marked, a surveyor will need to be contacted. Fencing is prohibited in the city’s right-of-way.
         (g)   No person, firm, or corporation shall erect any structure or fence upon any premises so as to obstruct the visibility of the operator of any motor vehicle backing from any drive or public way. No person, firm, or corporation shall erect a fence or other structure limiting access to property unless a permit has been issued by the Safety and Service Director certifying that no hazard to public safety will result from such construction. There shall be no charge for such permit and denial of a permit shall be in writing setting for specifically the hazard to public safety. The Director may establish rules for administration of this section and standards for automatic approval of applications for permits.
      (2)   Accessory buildings and structures shall be permitted in the nonresidential and mixed use zoning districts subject to the dimensional standards in Table 6: Nonresidential and Mixed Use Standards and the following.
         (a)   Accessory buildings and structures shall only be permitted in the rear yard.
         (b)   Maximum height is 20 feet.
         (c)   Accessory buildings and structures are subject to the same setbacks as the principal building.
   (B)   Commercial antennas and cellular telephone towers.
      (1)   Placement of commercial antennas and cellular telephone towers.
         (a)   No person, firm, corporation or other entity shall erect, place, operate or establish any commercial antenna or cellular telephone tower except in conformance with this section, and except as permitted by state or federal law or regulation.
         (b)   Any antenna or tower supporting an antenna used for commercial purposes shall be located only in areas zoned for Agricultural, Residential Farm Land “F”, or Industrial, Industrial “E”, uses and not closer than the combined height of antenna and tower, if supported by a tower, to any Residential “A”, Residential “B”, Business “C”, Business and Residential “D”, or Historic and Business “G” districts.
         (c)   Any person may apply for a waiver from the regulations of this section by filing with the Safety and Service Director a letter stating the objection, exception or justification upon which the waiver is based and providing a scale map of the location of the proposed antenna, together with the complete dimensions of the antenna and tower, if supported by a tower. A non-refundable fee, the amount of which shall be set by City Council, shall accompany the request for waiver letter.
         (d)   The Safety and Service Director shall investigate any waiver request, and request such additional information relevant to his or her investigation from the applicant, together with any comments from adjoining property owners, and shall present the proposal to the Planning Commission for consideration and recommendation. Any approval by the Planning Commission of a request for waiver shall be forwarded to the City Council for consideration of whether to approve a resolution to allow the waiver. Upon vote of a majority of Council, the Council may approve the waiver.
         (e)   Whoever violates division (B)(1)(a) of this section is guilty of a first degree misdemeanor. Each day that a structure is erected or maintained in violation of this section constitutes a separate violation.
      (2)   Penalty and injunction.
         (a)   Whoever is convicted of violation of any part of this section shall be fined an amount as established by City Council. Each day during which the violation occurs shall be deemed to be, and may be treated as, a separate violation.
         (b)   Upon determination by the Planning Commission that a developer or subdivider is violating or is about to violate any provision of this chapter, the Commission, upon affirmative vote of a majority of the Commission in a regular or special meeting, shall direct the Law Director to seek a temporary restraining order, temporary injunction, or permanent injunction, from a court of competent jurisdiction, to enjoin the subdivider, developer, his or her agents and employees from violating any of the provisions of this chapter. The injunctive remedy shall be available in addition to the penalties set forth in division (B)(2)(a) of this section, and any other remedies available to the city, the Commission, or any other person aggrieved by any such violation.
   (C)   Drive-through facility. Drive-through facilities are permitted in the “C” and “D” Districts subject to the following.
      (1)   All drive-through areas, including, but not limited to, menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects associated with the drive-through area, should be located in the side or rear of the property, and shall not cross, interfere with, or impede any public right-of-way.
      (2)   Drive-through signage is regulated by § 155.134(I) (Menu Board Signs).
      (3)   Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall be set back a minimum of 100 feet from any residential district or use.
   (D)   Garages. Garages shall be permitted as an accessory use in the residential districts subject to the following requirements.
      (1)   Maximum height of a garage is limited to the height of the principle residential structure.
      (2)   Garages that are intended to occupy more than two vehicles or trailers shall have a minimum of 1,500 square feet of lot area for each vehicle or trailer stored in the Residential “A” District and a minimum of 600 square feet of lot area for each vehicle or trailer stored in the Residential “B” District. There is no minimum lot size for garages intended to occupy two or fewer vehicles or trailers.
   (E)   Home occupations. Home occupations are permitted as an accessory use in the residential zoning districts subject to the following requirements.
      (1)   Home occupations shall be conducted only within the dwelling which is their principal residence of the person conducting the business.
      (2)   There shall not be more than one employee that is not a resident of the premises.
      (3)   Not more than 25% of the floor area of one story is devoted to that use.
      (4)   Any signage shall conform to § 155.133 (Signs Permitted in Residential Zoning Districts).
      (5)   No more than three parking spaces shall be required at any one time.
      (6)   No mechanical equipment shall be used except that which is customarily used for domestic or household purposes and including machinery which is reasonably used in a hobby.
   (F)   In-home child and adult day cares. In-home child and adult day cares shall be permitted in the residential zoning districts subject to the following.
      (1)   Care is provided for a portion of a 24-hour day with no overnight stay.
      (2)   In-home child day care is limited to one to six children, at one time, and shall be subject to requirements for Type-B day care homes as defined by the Ohio Revised Code.
      (3)   In-home adult day care is limited to a maximum of four adults.
      (4)   No additional parking, due to the day care, shall be created.
      (5)   Day cares may not employ an individual that does not reside within the subject household.
      (6)   The residential character of the exterior of the property shall not be changed. Furthermore, no signs shall be utilized.
   (G)   Small cell wireless facilities.
      (1)   Small cell facility requirements. Small cell facilities shall be subject to the regulations and procedures set forth in this section.
      (2)   Location.
         (a)   The applicant shall submit written justification that every attempt has been made to mount a small cell facility to an existing structure, such as a communication tower (whether said tower is for cellular or wireless purposes or not), smoke stack, water tower, or other tall structure in any zoning district. Small cell facilities may only be placed on top of buildings that are at least 50 feet in height, for so long as the structure or building remains. Small cell facilities mounted on existing structures may be approved administratively by the Building Official subject to the applicant obtaining all applicable permits.
         (b)   If an existing structure is not available, a small cell facility must be located within the public right-of-way of a major road, within an industrial subdivision, or on private property within a recorded utility easement recorded at the County Recorder’s office in a nonresidential zoning district.
         (c)   A small cell facility shall not be located within a residential zoning district, a residential subdivision, or within 100 feet of a residential district or use. However, a small cell facility may be located either on the property or in the right-of-way adjacent to a valid conforming nonresidential use (i.e., church, school, government building/facility) that is located in a residential zoning district provided that the use is also located on a major road. Distance shall be measured from the base of the small cell facility to the nearest property line.
      (3)   Quantity. No small cell facility may be located within 2,000 linear feet from another small cell facility, unless such facility is co-located as defined in this code.
      (4)   Height. Small cell facilities shall not exceed 35 feet in height, unless such facility is co-located on an existing building or structure as permitted in this section.
      (5)   Appearance.
         (a)   All small cell facilities shall be designed to be consistent and complimentary with the surrounding environment in terms of height, materials, color, scale, and design.
         (b)   Small cell facilities shall be painted, anodized, or constructed out of materials that are colored grey or black. Galvanized material may not be used in construction of the small cell facility unless it can be painted or otherwise coated as required in this section.
         (c)   All related equipment, including, but not limited to electrical boxes, conduit wiring, and mounting equipment shall be placed underground or be contained within an enclosure so as not to be visible. Further, all electrical and communication connections shall run underground to the facility.
         (d)   No signage is permitted on small cell facilities except for a non-illuminated nameplate sign that identifies the vendor name and contact information for the facility. Such nameplate sign shall not exceed one square foot in area.
      (6)   Footprint. Small cell facilities shall not exceed 24 inches in diameter with the exception of the foundation, which said foundation shall not exceed six inches above grade. All equipment and materials shall be fully enclosed within the pole structure.
      (7)   Maintenance. Any owner of property used as a cellular or wireless communications site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds, and other debris. Any cellular or wireless communications tower that has discontinued its service for a period of 12 continuous months or more shall be removed, along with all accessory structures related thereto. DISCONTINUED shall mean that the structure has not been properly maintained, has been abandoned, become obsolete, unused, or has ceased the daily activities or operations which had occurred.
      (8)   Site plan required. A site plan is required for all proposed small cell facilities.
      (9)   Action on application. Upon submission of a complete application for site plan review to the Safety and Service Director, the application shall be either:
         (a)   For co-location applications, the Safety and Service Director will review the site plan to determine its compliance with the standards set forth in this code. The Safety and Service Director shall have the authority to approve, approve with modifications, or disapprove the site plan; or
         (b)   For all other applications, not including co-location requests, small cell site plans may be permitted if approved by the Planning Commission subject to the regulations set forth in § 155.044 (Site Plan Review).
   (H)   Solar panels. Solar panels shall be subject to the following standards.
      (1)   Ground-mounted solar panels shall be limited to a maximum height of 12 feet and shall be located in the rear yard.
      (2)   All solar panels must, at a minimum, meet the setback requirements for the applicable zoning district.
      (3)   Roof-mounted solar panels on pitched roofs shall not extend higher than the ridgeline of the roof on which they are located.
      (4)   Roof-mounted solar panels on flat roofs shall not project more than six feet above the roof surface and shall not exceed the maximum height allowance in the applicable zoning district in which they are located.
(Ord. 2018-06, passed 7-9-2018, § 155.150; Ord. 2020-13, passed 12-14-2020)