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(a) Application of Section. This section shall apply to the location, operation and maintenance of home occupations.
(b) Purpose. It is the purpose of this section to promote the public health, safety and general welfare through the regulation of home occupations. This section allows dwelling units to be used for limited nonresidential uses that are compatible with the residential character of the surrounding area. These requirements do not apply to a residence located in a business or manufacturing district.
(c) Home Occupations as Permitted Uses. A home occupation shall be a permitted use in a Residential District if a zoning permit is issued for it showing that the use complies with the other requirements of this Zoning Code and the following criteria:
(1) The use is conducted by a resident of the dwelling unit in which the home occupation is to be conducted.
(2) The external appearance of the dwelling unit shall not be changed.
(3) There shall not be any signs nor shall anything indicate the occupational use of the residential premises.
(4) Except for maintenance or replacement repairs, no structural alterations, construction or reconstruction of the premises to accommodate the home occupation use shall be permitted.
(5) There shall be no outside storage of any kind related to the use. Only commodities produced on the premises may be sold on the premises. No display of products shall be visible from the street.
(6) Not more than thirty percent of the gross floor area of the dwelling shall be devoted to the use, and the entrance to this space shall be from within the residence, not directly from the exterior.
(7) No equipment, process, material and/or chemical shall be used that creates noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation and/or electrical disturbances that are detectable from the outside of the dwelling unit.
(8) No additional parking demand shall be created, nor shall off-street parking space be provided (except for that space required for the dwelling unit by the district regulations).
(d) Home Occupations as Conditionally Permitted Uses. A person may apply for a conditional use permit for a home occupation in a Residential District if the use does not comply with the requirements of subsection (c) hereof. In addition to the other requirements of this Zoning Code, the following criteria shall be met for the issuance of such a permit for a home occupation:
(1) Limited sales of commodities or accessory items that are not produced on the premises may be permitted, provided that the products and their approximate quantities are specified in the application (or in an approved amended application) and are reasonably related to the home occupation.
(2) The home occupation may be permitted to be conducted in a structure accessory to the residence, provided that the application so specifies.
(3) No outside storage related to the home occupation shall be permitted (except for in an enclosed structure).
(4) Not more than thirty percent of the gross floor area of any residence, or fifty percent of any approved accessory structure, shall be devoted to the proposed home occupation, and the total area used in all structures shall not exceed 600 square feet.
(5) The external appearance of the structure in which the use is to be conducted shall not be changed and shall not have more than one sign. The sign shall be no larger than one square foot and shall be mounted flush to the wall of the structure. The entrance to the home occupation may be either directly from outside of, or from within, the dwelling unit or accessory structure.
(6) Except for maintenance or replacement repairs, there shall be no alterations, construction and/or reconstruction to accommodate the proposed use.
(7) No equipment, process, material and/or chemical shall be used that creates noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation and/or electrical disturbances that are detectable from the outside of the structure.
(8) Not more than one additional off-street parking space shall be proposed in conjunction with the home occupation. This parking space shall not be located in any required front or side yards.
(e) Validity of Permits and Certificates. For the purposes of this Zoning Code, any permit and/or certificate issued under this Zoning Code for a home occupation shall cease to be valid when the permit holder moves to another residence, dies, is incarcerated for more than one year, vacates the premises for more than one year or discontinues the use for more than one year. In addition, the permit shall be invalidated immediately upon the conduct of the home occupation in any manner not approved by the permit.
(Ord. 186-91. Passed 10-15-92.)
(a) Application of Section. This section shall apply to the location, operation and maintenance of group residential facilities.
(b) Purpose; Intent. It is the purpose of this section to regulate the location, operation and maintenance of group residential facilities in order to promote the public health, safety and general welfare. It is the intent of this section to provide for the assimilation of these facilities into stable and suitable neighborhoods so that the living environments of their residents are conducive to their rehabilitation, without undue adverse impact on the neighborhood.
(c) Conditional Use Permit Required; Other Requirements. In some zoning districts, certain group residential facilities may be established, operated and/or maintained on any premises, when authorized by the issuance of a conditional use permit in accordance with the other requirements of this Zoning Code, particularly the provisions of Chapter 1254, and when such facilities comply with the following criteria:
(1) The proposed facility meets the certification, licensing or approval requirements of the appropriate governmental agency.
(2) The proposed facility meets local fire safety, health and other requirements for the proposed use and level of occupancy, as attested by certification by appropriate officials.
(3) The proposed facility will not generate an unreasonable increase in traffic volume or require special off-street parking.
(4) The proposed facility is not located within 600 feet of another such facility.
(5) No signs shall be erected, except a permitted name and/or number sign (one square foot maximum) affixed to the exterior wall of the principal structure.
(6) 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, except that the design and appearance of such improvement shall be acceptable to the Zoning Administrator.
(7) The 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. The facility shall be in a relatively safe and stable neighborhood.
(8) The applicant shall provide a plan that indicates the manner in which the staff of the facility shall maintain contact with neighborhood residents, including a structured procedure whereby the grievances of neighbors shall be filed and resolved.
(9) The applicant shall provide documentation indicating the need for the facility, the specific clientele that it will serve and the location and type of similar facilities operated by the applicant.
(Ord. 186-91. Passed 10-15-92.)
(a) Application of Section. This section shall apply to the location, operation and maintenance of spouse abuse shelters, aka "friendly houses."
(b) Purpose; Intent. It is the purpose of this section to regulate the location, operation and maintenance of spouse abuse shelters in order to promote the public health, safety and general welfare. It is the intent of this section to provide for the assimilation of these facilities into stable and suitable neighborhoods, with proper provision for the health and safety of the inhabitants and without adverse impact on the neighborhood.
(c) Conditional Use Permit Required; Other Requirements. In some zoning districts, spouse abuse shelters may be established, operated and maintained on any premises when they are authorized by the issuance of a conditional use permit in accordance with the other requirements of this Planning and Zoning Code, particularly the provisions of Chapter 1254, and when such facilities comply with the following criteria:
(1) The proposed facility meets with local fire, safety, health and other requirements for the proposed use and level of occupancy, as attested by appropriate officials.
(2) The exterior of all such facilities shall not be altered in character, but shall be compatible with other neighborhood structures. However, any improvement required by these Codified Ordinances shall not be deemed incompatible, except that the design and appearance of such improvement shall be acceptable to the Zoning Administrator.
(3) The facility shall contain no more than six sleeping rooms. Each such room shall contain at least seventy square feet of floor space. Every sleeping room used by more than one person shall contain at least fifty square feet of floor space for each occupant thereof.
(4) No more than two adults shall occupy each sleeping room. Children of the adults are permitted in the same occupancy, provided that no more than five persons occupy the same room.
(5) At least one flush-type water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Health Commissioner and in good working condition shall be supplied for each eight persons or fraction thereof residing within a spouse abuse shelter. All such facilities shall be located within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.
(6) No facility containing two or more sleeping rooms shall have such room arrangements so that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.
(7) The facility shall have a security system with direct connection to the Fire and Police Departments.
(8) The facility shall have a supervisor in attendance twenty-four hours per day. The supervisor shall be responsible for the safety and security of the inhabitants and for maintaining the facility in a sanitary condition.
(9) The facility shall include a recreational area for children. This area shall be protected with a security fence and shall contain playground equipment.
(10) The maximum uninterrupted stay in the facility by an individual shall be thirty days.
(Ord. 192-95. Passed 9-21-95.)
(a) Purpose and intent. The purpose of this Section is to establish predictable and balanced regulations for the establishment of commercial and non-commercial Wind Energy Conversion Systems (“WECS”) in the locations and circumstances under which the use may be established without detriment to the public health, safety, and welfare of neighboring property owners or occupants.
(b) Application.
(1) Applicants for a WECS permit shall complete application forms as provided by the Building and Zoning Administrator.
(2) The application shall include the following:
A. A report from a professional engineer describing the proposed WECS and certifying the safety of the device;
B. A statement indicating that the proposed WECS is in compliance with all applicable regulations of the Federal Aviation Agency where appropriate.
C. A detailed site plan drawn to scale and dimensions, displaying the following information:
1. Lot lines and dimensions.
2. Location and height of all buildings, structures, above ground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors.
3. Location and height of all adjacent buildings, structures, above ground utilities and trees located within two hundred feet of the exterior boundaries of the property in question.
4. Existing and proposed setbacks of all structures located on the property in question.
5. Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.
(c) Application review.
(1) The completed application shall be forwarded to the Zoning Administrator for review and recommendation. Within ten days of the receipt of the completed application, the Zoning Administrator shall forward the completed application to the Board of Zoning Appeals or Planning Commission, whichever is empowered to hear such application, for a public hearing. The public hearing shall be preceded by a notice mailed not less than ten days prior to such hearing to all residents within two hundred feet of the perimeter of the applicant's property.
(2) WECS permits shall be issued subject to the following conditions:
A. The height of WECS shall be determined by calculating the height from the base of the tower at grade to the highest possible extension of the blades. Rooftop mounted turbines shall be designed to resist the worst case load combinations as required by appropriate State Model Code.
1. The WECS structure shall not exceed one hundred feet in height in all zoning districts except manufacturing districts and PUD districts.
2. In manufacturing and PUD districts, the WECS structure shall not exceed that height that creates a radius that can be entirely contained on the property in the event of failure/collapse of the structure.
B. The WECS shall have a minimum setback of fifty feet or one hundred fifty percent of the height of the WECS, whichever is greater, from any property line.
C. No WECS shall have affixed or attached lights, reflectors, flashers or any other illumination, except for those devices required by the Federal Aviation Administration.
D. Blade arcs created by the WECS shall have a minimum of thirty feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system.
E. The WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS operation in high winds, in the event of blade throw, or in the event of ice shed.
F. The WECS, including the blades, shall be grounded and shielded to protect against natural lightning strikes in conformance with the National Electrical Code.
G. The WECS shall not include a tower-climbing apparatus within twelve feet of the ground. A locked anti-climb device shall be installed on the tower. Any tower capable of being climbed shall be enclosed by a locked, protective fence not less than six feet in height.
H. The WECS shall display a sign posted at the base of the tower, not to exceed two square feet in area. The sign shall contain the following information:
1. A warning of high voltage;
2. The manufacturer's name;
3. An emergency telephone number;
4. The emergency shut down procedures;
I. Additional signs may be required on the basis of individual applications as safety needs dictate.
J. The WECS shall be filtered, shielded, or otherwise designed and constructed so as not to cause electrical, radio frequency, television, and other communication signal interference.
K. Noises emanating from the operation of WECS shall be in compliance with all applicable provisions of the Ohio Revised Code, the Ohio Administrative Code and the City of London Codified Ordinances, as amended.
L. The WECS shall be constructed in a monopole design of tubular steel and shall be self-supporting without the use of guy wires or other similar features. Towers shall be painted a non-contrasting color consistent with the surrounding area such as pale gray or white or have a galvanized finish to reduce visual impact. Towers shall follow the above requirements unless otherwise directed by the Federal Aviation Administration.
M. The effects of shadow flicker on neighboring properties should be minimized.
(d) Inspection. The City hereby reserves the right upon issuing any WECS permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
(e) Decommissioning. Wind turbines must be maintained in good working order. The owner shall within thirty days of permanently ceasing operation of a wind turbine, provide written notice of abandonment to the Zoning Inspector. An unused wind turbine or small wind project may stand no longer than six months following abandonment. All costs associated with the demolition of the wind turbine and associated equipment shall be borne by the owner. A wind turbine is considered abandoned when it ceases transmission of electricity for thirty consecutive days. Wind turbines that become inoperable for more than six months must be removed by the owner within thirty days of issuance of zoning violation. Removal includes removal of all apparatuses, supports, and other hardware associated with the existing wind turbine.
(1) Zoning Administrator shall require the developer and operator to post a surety bond or other financial assurance that is at least 115% of decommissioning cost less salvage value as calculated and certified by a registered professional engineer. Calculation of the decommissioning and salvage should be updated every ten years and the fund amount adjusted accordingly. Rooftop structures are exempt from this procedure.
(2) Upon decommissioning, all above-ground and subsurface structures should be removed to a depth of at least thirty-six inches and the site returned, as closely as possible, to its previous state (unless otherwise directed by the landowner).
(3) Wind turbines and ancillary structures that are not decommissioned in accordance with zoning requirements are to be deemed a public nuisance.
(Ord. 108-11. Passed 8-4-11.)