Loading...
The height regulations specified in this Zoning Code for any district shall not apply so as to limit any of the following to a height less than seventy-five feet above the level of the finished grade: chimneys, church spires, clock towers, ornamental towers, flagpoles, water tanks, elevation bulkheads, television antennas in Multifamily Districts, Class C, and other mechanical appurtenances, where erected upon and as an integral part of a building.
(Ord. 96-61. Passed 4-21-97.)
(a) Noise. In any premises where noise is an incident of any use permitted under this Zoning Code, such noise shall be confined to the premises of the use being conducted on the lot or parcel of property involved. In circumstances where existing uses may involve noises which are transmitted beyond the lot line of the lot upon which such use is conducted, the use involved shall be referred to the Board of Zoning Appeals and the Board shall thereupon inquire into the circumstances producing such noise and determine with the occupant the economic means of reducing such noise to minimize nuisances to surrounding property. If the Board determines it helpful for the purpose of ascertaining the extent of the problem, it shall cause notice to be given to owners and occupants of surrounding property who shall be heard on the question of nuisances by noise, if any.
Authorization for public address systems and other means of attracting attention shall be in accordance with the provisions of Chapter 769 of the Business Regulation and Taxation Code.
(b) Light Glare. Glare from artificial lighting shall be confined to the premises upon which the same is situated, and lighting shall not be so arranged or used as to be directed to or upon or affect adjoining or nearby private or public property.
(Ord. 96-61. Passed 4-21-97.)
(a) Ordinary Antennas. Antenna structures for private radio or television reception may be erected on any roof of a building or structure without a building permit, provided, however, that:
(1) The antenna is not more than 12 feet in height measured from the highest point of the roof surface.
(2) Construction is of non-corrosive, noncombustible material.
(3) When anchored, the antenna will not injure the roof covering, and if and when the antenna is removed, the roof covering shall be repaired to provide an approved rain-tight covering.
(4) The antenna assembly shall not be erected closer than three feet to a side yard property line or closer than the height of the antenna assembly, whichever is greater.
(5) The antenna assembly and its supporting members shall be erected far enough from any power line, 120 volts to ground, to avoid possible accidental contact with electrical conductors.
(6) Microwave dish-type antennas, 18 inches in diameter or less, shall be considered ordinary and not require a permit, provided, however, that:
A. Such an antenna is not placed or extended out into a required side yard and is not placed within a front yard or attached to any vertical portion of any structure facing a street; and
B. If erected upon a roof, it shall be kept as far back as practical from the front of the structure.
(b) Antenna Towers. Permits shall be required for antennas, antenna towers and their supporting structures, such as dipoles and vertical rods that will exceed 12 feet in height.
Application for a permit to construct an antenna tower or structure shall be made to the Building Commissioner, accompanied by detailed plans of the antenna assembly, including a site plan showing the proposed location and the method of attachment and anchorage, and such antenna towers or structures shall meet the following construction criteria:
(1) They shall be constructed not to exceed 50 feet in height from finished grade.
(2) They shall be constructed of approved corrosion-resistant metallic material, be equipped with step bolts and a ladder, and be readily accessible for inspection purposes.
(3) Radio and television towers shall comply with the structural requirements of the latest adopted edition of the Ohio Building Code as pertaining to said towers.
(4) It shall have a foundation suitable to the structure being erected, designed by a registered architect or engineer.
(5) The entire structure and its supporting structures shall not be forward of the rear foundation line of the main building and shall not be closer than ten feet from any property line, and in no case located within the required side yard.
(6) No antenna tower or accessory thereto shall cross or encroach upon any street, public space or required setback, or over any electrical power line or cable television line, or upon any other privately owned property.
(7) Antenna towers shall be designed so as to eliminate any need for the use of guy wires. Where an antenna tower abutting a structure is approved for construction, such tower may be anchored to the structure.
(8) No antenna or device shall be placed on an antenna tower that may or will cause interference with radio and television receivers of surrounding property owners.
(c) Erection of Satellite Earth Stations. No person shall erect a satellite earth station (dish-type satellite signal-receiving earth station) in the City without first obtaining a permit therefor, and no installation or erection shall commence before a permit is issued.
The Building Commissioner shall issue such permit, provided the applicant submits a written application therefor upon forms provided by the Building Department. Two sets of plans shall be submitted with such application, showing the exact location of the proposed earth station; the location of all buildings on the subject lot and distances from the earth station to abutting residences; a description of the kind of earth station proposed; specifications for installation, including materials, complete dimensions, support structure details, the location of supporting guy wires, if required, and utility wires, and plans of landscape screening.
(d) Location of Satellite Earth Stations, Microwave Antennas and Parabolic Reflectors.
(1) No earth station shall be erected in any front or side yard or within 20 feet of any lot line.
(2) All earth stations, microwave antennas and parabolic reflectors shall be placed at ground level.
(3) Non-objectionable evergreen landscape screening, of a minimum height approved by the Architectural Board of Review, shall be planted to form a barrier so as to shield the structure as reasonably as possible from adjoining properties.
(4) Commercial buildings with flat roof surfaces, may erect a dish-type antenna on a flat roof, provided, however, that:
A. The dish or antenna is screened from view of the street with a permanent screening enclosure as accepted and approved by the Architectural Board of Review of the City of Lyndhurst;
B. The Building Commissioner or his or her agent finds that the antenna will not, in his or her opinion, be or cause an objectionable and/or nuisance condition; or
C. Be contrary to the provisions or intent of anything contained within this Zoning Code.
(e) Satellite Earth Station Specifications.
(1) No earth station shall be linked to receivers which are not located on the same lot or premises as the earth station.
(2) The maximum diameter of any earth station shall be 12 feet.
(3) Only a concrete base or caissons, depending on soil conditions, shall be employed in line with grade.
(4) The height of a satellite earth station, when turned perpendicular to the ground, including its support structure, shall not exceed 14 feet above the concrete base or the natural grade.
(5) Earth stations and/or dish antennas shall be designed to meet the structural provisions for radio and television antennas as set forth in the latest adopted edition of the Ohio Building Code.
(6) All wiring shall conform to the provisions of the latest adopted edition of the National Electrical Code.
(f) Permit Fee. The fee for a permit to erect a satellite earth station or antenna tower is twenty-five dollars ($25.00).
(g) Maintenance. All antennas, antenna towers and satellite earth stations shall be maintained in good repair and kept structurally sound. All surfaces shall be maintained in good condition, free of rust, peeling paint or corrosion.
(Ord. 96-61. Passed 4-21-97.)
(a) Prohibited Uses; Violations; Declaration of Public Nuisance. The storage, processing or salvaging of discarded lumber or other building material, or any kind of material, including, but not limited to, hazardous waste, infectious wastes, or low-level radioactive waste, the wrecking or dismantling of motor vehicles, and junk yards of any description, are specifically prohibited within the City except as otherwise provided herein, and may not be authorized by the Board of Zoning Appeals. It is hereby declared to be a nuisance, and against the public peace, health, safety and general welfare of the City, to violate the provisions of this section.
(b) Definitions. As used in this section:
(1) "Hazardous waste" means any waste or combination of wastes in solid, liquid, semi-solid or contained gaseous form that, in the determination of the Director of the Ohio Environmental Protection Agency, because of its quantity, concentration or physical or chemical characteristics, may do either of the following:
A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
B. Pose a substantial present or potential hazard to human health or safety or to the environment when improperly stored, treated, transported, disposed of or otherwise managed.
"Hazardous waste" includes any substance identified by regulation as a hazardous waste under the Resource Conservation and Recovery Act of 1976, 90 Stat 2806, 42 U.S.C.A. 6921, as amended, and does not include any substance that is subject to the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C.A. 2011, as amended. "Hazardous waste" also includes all of the substances or categories of substances set forth in Ohio R.C. Chapter 3734.
(2) "Infectious wastes" includes all of the substances or categories of substances set forth in Ohio R.C. 3734.01(R).
(3) "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954.
(c) Exceptions. Businesses which store infectious wastes incidental to their primary business, such as doctors' offices, laboratories, nursing homes and the like, shall be permitted to store infectious wastes, provided that they comply with the provisions of Ohio R.C. 3734.021.
Also excepted from the provisions of subsection (a) hereof are those materials which are stored pursuant to the provisions of Section 1355.09 of these Codified Ordinances and the Ohio Fire Code.
(d) Tents, Trailers and Dining Cars. No tents, camp cars, trailers, dining cars or similar facilities shall be placed on any lot or premises within the City or used for living, business or commercial purposes, or for accessory uses, and their use shall not be authorized by the Board of Zoning Appeals. Construction of shanties or trailers used in conjunction with construction activities may be permitted with the approval of the Building Commissioner.
(e) Cultivating, processing or dispensing medical marijuana in accordance with Chapter 3796 of the Ohio Revised Code is prohibited.
(f) Other Prohibited Uses. Crematories, trailer parks, storage garages, and car washes not attached to an automotive fueling station as a conditional use are also prohibited in the City. (Ord. 2020-11. Passed 3-2-20.)
All multifamily, Residential Planned Unit Development and nonresidential uses shall provide, as screening for trash and recycling receptacles, a vision-obscuring decorative wood fence or plant material which acts as an effective screen in both winter and summer and which shall screen trash and recycling receptacles from any parking area, public right of way or adjacent residential use.
(Ord. 96-61. Passed 4-21-97.)
(a) Any prior Ordinance to the contrary notwithstanding, no Assisted Living Facility, Group Residential Facility, Adult Group Home or Community Home shall be established in this City in any location which is within 1000 feet of the real property upon which another such facility is situated.
(b) This restriction shall remain in place until further review by Council.
(Ord. 2014-73. Passed 11-3-14.)