§ 1206.01 ACCESSORY USES AND STRUCTURES.
   (a)   Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses while not creating adverse impacts on surrounding lands.
   (b)   General provisions.
      (1)   An accessory use or structure shall be incidental to the primary use of the site, and shall not alter the character of the principal use.
      (2)   Accessory uses and structures shall be constructed on the lot that contains the principal use that it serves or on adjoining lots with the same property owner.
      (3)   Any accessory use or structure that does not require a certificate of zoning compliance as part of this chapter shall still be subject to all standards of this chapter.
      (4)   No accessory structure shall be constructed on any lot until the construction of the principal structure has commenced. In cases where the main or principal structure is demolished, an existing accessory structure shall be allowed to remain on the lot or property without the principal structure.
      (5)   Small accessory structures such as doghouses, benches, garden decorations, barbeque equipment, etc. shall be exempt from the provisions of this section provided they do not have a footprint that exceeds 40 square feet. Such structures shall be set back a minimum of three feet from all lot lines and shall be subject to the maximum height standards of this section.
      (6)   Gardens and the raising of crops for the personal use of the residents, tenants, or property owners, may be grown in any yard without a permit.
      (7)   An accessory structure that is attached to the principal building shall be considered an integral part of the principal building and shall comply with the site development standards and all other development standards of the applicable zoning district. Any accessory structure shall be considered as an integral part of the principal building if it is connected to the principal building either by common walls or by a breezeway or roof.
      (8)   The accessory use regulations of this chapter shall not apply to any public park lands owned by the City, Butler County, Warren County, or the State of Ohio.
      (9)   Accessory buildings over 200 square feet in area must have the same approximate color and material as the front of the existing primary building if visible from a public street. When the above provisions shall not be met, the materials shall be reviewed by the Architectural Review Board.
      (10)   Height limit.
         A.   Unless otherwise stated, the maximum height of a detached accessory structure shall be one story or 15 feet.
         B.   The height of an accessory building may be increased to 18 feet provided that the primary exterior materials of the accessory building are similar to the primary exterior materials of the principal building.
         C.   In no case shall an accessory structure be taller than the principal building.
      (11)   Size requirements.
         A.   For residential districts, the aggregate square footage of the following accessory buildings and structures shall not exceed more than 25% of the total rear yard:
            1.   Detached garages and carports;
            2.   Detached storage/utility sheds, gazebos, and other similar structures;
            3.   Porches and decks;
            4.   Ground-mounted solar energy systems;
            5.   Swimming pools;
            6.   Tennis and other recreational courts; and
            7.   Other accessory buildings similar in nature to the above mentioned structures, as determined by the Development Code Administrator.
         B.   There is no maximum square footage of accessory buildings or structures in the nonresidential zoning districts or for accessory uses utilized in the operation of a farm including, but not limited to, barns, silos, shed, etc.
         C.   In no case shall any accessory building or structure have a larger footprint than the principal building.
      (12)   Setback and location requirements.
         A.   Unless otherwise provided for in this section, all accessory uses and structures shall be located in the side or rear yard. See § 1204.10 for determination of yards based on the lot type.
         B.   Unless otherwise required in this section, all accessory uses and structures shall be set back a minimum of six feet from all other buildings on the lot and a minimum of three feet from all lot lines. Swimming pool decks can have a 0 foot setback from accessory structures and buildings but must meet the required setbacks from all property lines.
         C.   Additional setbacks may be required from the principal building, adjacent structures, or streets based on the applicable building or fire code regulations.
   (c)   Prohibited accessory uses.
      (1)   Except as provided in this code, the use of inflatable garages, portable garages, temporary structures as defined in § 1206.02, temporary carports, portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any zoning districts.
      (2)   Outdoor wood boilers and furnaces are specifically prohibited in the City of Middletown.
      (3)   No accessory building shall be used for residential purposes.
   (d)   Explanation of accessory use table. The following is an explanation of Table 1206-1:
      (1)   The symbols for permitted uses (P), permitted uses with standards (PS), and conditional uses (C) are defined in the same manner as § 1204.08(b)(2).
      (2)   Prohibited uses. A blank and/or shaded cell with an "XX" indicates that a use is prohibited in the respective zoning district.
      (3)   Yards permitted. This column identifies within which yards the use may be permitted. See the use-specific standards for any restrictions related to placement in individual yards.
      (4)   Use-specific standards. The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
      (5)   Use determination and unlisted uses.
         A.   The Development Code Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section.
         B.   Section 1204.08(b)(2)F. identifies the procedure the Development Code Administrator will use in addressing uses that are similar to other uses in Table 1206-1 or uses that are unlisted.
      (6)   Accessory uses in the planned developments.
         A.   The types of accessory uses allowed in a PD District shall be considered as part of the PD review.
         B.   The following standards shall establish requirements for accessory uses in a PD District unless otherwise specified in the PD approval:
            1.   Accessory uses for single-family dwellings in a PD District shall be the same as those allowed in the R-1 District.
            2.   Accessory uses for multi-family dwellings in a PD District shall be the same as those allowed in the R-4 District.
            3.   Accessory uses for commercial uses in a PD District shall be the same as those allowed in the B-3 District.
            4.   Accessory uses for industrial uses in a PD District shall be the same as those allowed in the I-1 District.
TABLE 1206-1: PERMITTED ACCESSORY USES AND STRUCTURES
Use Type
P = Permitted Use
PS = Permitted Use with Standards
C = Conditional Use
XX = Prohibited
R-1, R-2, R-3,R-4, or BC-R
O-1, O-2, B-1, B-2, B-3, UC-C UC-S, BC-I, BC-H BC-O, BC-F
I-1 or I-2
PI
Yards Permitted
F = Front
S = Side
R = Rear
Certificate of Zoning Compliance Required
Use-Specific Standards
in Section:
TABLE 1206-1: PERMITTED ACCESSORY USES AND STRUCTURES
Use Type
P = Permitted Use
PS = Permitted Use with Standards
C = Conditional Use
XX = Prohibited
R-1, R-2, R-3,R-4, or BC-R
O-1, O-2, B-1, B-2, B-3, UC-C UC-S, BC-I, BC-H BC-O, BC-F
I-1 or I-2
PI
Yards Permitted
F = Front
S = Side
R = Rear
Certificate of Zoning Compliance Required
Use-Specific Standards
in Section:
Accessibility Ramps
PS
PS
PS
PS
F, S, or R
No
1206.01(e)(1)
Amateur Radio Towers and Antennae
PS
PS
PS
PS
S or R
Yes
1206.01(e)(2)
Basketball Hoops
PS
PS
PS
PS
F, S, or R
No
1206.01(e)(3)
Bike and Skateboard Ramps
PS
PS
PS
PS
R
Yes
1206.01(e)(4)
Community Gardens
PS
PS
PS
PS
F, S, or R
Yes
1206.01(e)(5)
Detached Garages and Carports
PS
PS
PS
PS
R
Yes
1206.01(e)(6)
Detached Storage/Utility Sheds, Gazebos, Pool Houses, and other Similar Buildings
P
P
P
P
R
Yes
Drive-Through Facility
XX
PS/C
PS /C
XX
See § 1206.01 (e)(7)
Yes
1206.01(e)(7)
Home Occupations
PS
PS
X X
PS
Not Applicable
Yes
1206.01(e)(8)
Nursery Schools or Day Care Centers (Children or Adults)
PS
PS
PS
PS
Not Applicable
Yes
1206.01(e)(9)
Outdoor Dining
XX
PS
PS
PS
F, S, or R
Yes
1206.01(e)(10)
Outdoor Displays and Sales
XX
PS
X X
XX
F, S, or R
Yes
1206.01(e)(11)
Outdoor Storage and Bulk Sales
XX
PS
PS
XX
S or R
Yes
1206.01(e)(12)
Outdoor Vending Machines and Drop-Off Boxes
PS
PS
PS
PS
F, S, or R
No
1206.01(e)(13)
Patios (Unenclosed)
PS
PS
PS
PS
F, S, or R
Yes
1206.01(e)(14)
Porches and Decks
PS
PS
PS
PS
F, S, or R
Yes
1206.01(e)(15)
Playsets, Treehouses, and Trampolines
P
P
P
P
R
No
Private Water Towers, Tanks, or Reservoirs
XX
C
PS
XX
S or R
Yes
1206.01(e)(16)
Raising of Small Livestock
PS
XX
X X
XX
S or R
No
1206.01(e)(17)
Retail Sales
PS
PS
PS
PS
Not Applicable
No
1206.01(e)(18)
Satellite Antennas (Dish-Type)
PS
PS
PS
PS
See § 1206.01(e)(19)
1206.01(e)(19)
Small Wind Energy Conservation Systems - Blade Tip Power System Turbines (BTPS)
XX
C
C
C
S or R
Yes
1206.01(e)( 20)
Solar Energy Systems
PS
PS
PS
PS
See § 1206.01(e)(21)
1206.01(e)( 21)
Swimming Pools (Outdoors)
PS
PS
X X
PS
S or R
Yes
1206.01(e)( 22)
Tennis and Other Recreational Courts (Outdoor)
PS
PS
PS
PS
R
Yes
1206.01(e)( 23)
Type-B Day Care Home (1-6 Children)
PS
PS
X X
PS
Not Applicable
No
1206.01(e)( 24)
 
   (e)   Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of § 1206.01(b).
      (1)   Accessibility ramps. Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public sidewalk, right-of-way, or street.
      (2)   Amateur radio towers and antenna.
         A.   No more than one amateur radio tower and/or antenna shall be permitted on each lot.
         B.   Ground-mounted amateur radio towers, antennas, and related guy wire anchors must be located in the rear yard unless such location prevents effective amateur radio service communications and in that event the tower and related equipment shall be located in the least conspicuous location on the lot from the public right-of-way and contiguous lots under separate ownership.
         C.   Building-mounted amateur radio towers and antennas must be located to the rear of the centerline of the principal building unless such location prevents effective amateur radio service communications and in that event the tower and related equipment shall be located in the least conspicuous location on the lot from the public right-of-way and contiguous lots under separate ownership.
         D.   Such tower shall not exceed 65 feet in height or the maximum height of the applicable zoning district, whichever is greater unless such location prevents effective radio service communications and in that event, the height of the tower shall not exceed the height reasonably necessary to have effective amateur radio service communications. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.
         E.   Proof of a valid and active amateur radio license from the Federal Communications Commission (FCC) must be provided with the certificate of zoning compliance application.
         F.   Antennas and guy wire anchors shall not overhang or otherwise be located on adjacent lots.
         G.   When an amateur radio tower and antenna is no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer of property ownership or lease to an individual without such an FCC license.
         H.   If the Development Code Administrator determines that expertise beyond that of City staff is necessary to determine compliance with the foregoing regulations, then the applicant shall reimburse the City for any expenses necessary for hiring a third-party consultant to make this determination.
      (3)   Basketball hoops.
         A.   Basketball courts shall be subject to the standards of division (e)(23) of this section.
         B.   Movable basketball hoops shall not be located in rights-of-way or be so located as to require play in any right-of-way.
      (4)   Bike and skateboard ramps. Bike ramps and skateboard ramps shall be set back at least 15 feet from all lot lines.
      (5)   Community gardens.
         A.   Community gardens shall only serve as an accessory use to nonresidential uses.
         B.   Community gardens that are accessory to another principal use shall be subject to the same rules as established for community gardens in § 1204.09(b)(2).
      (6)   Detached garages and carports.
         A.   Only one detached garage or carport may be permitted on any single lot with a single-family dwelling. Detached garages or carports for all other uses shall be controlled by the size and height limitations of this chapter but shall not be restricted in number of buildings.
         B.   Attached and detached garages and carports shall be accessed by a paved driveway.
      (7)   Drive-through facilities. The following standards shall apply to businesses that contain a drive-through facility regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine).
         A.   General standards.
            1.   Drive-through facilities shall be prohibited in the BC-F District.
            2.   Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 250 feet of any residential dwelling unit.
            3.   All drive-through areas, including but not limited to drive-through signs, stacking lanes, trash receptacles, audio equipment, drive up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property and shall not cross, interfere with, or impede any public right-of-way.
            4.   Drive-through windows, drive-through signage (see § 1220.08(g)), or any audio equipment located in the front yard shall only be permitted with approval as a conditional use. Such facilities shall be screened with an opaque, landscaped screen with a height that will fully screen the window, signage, or audio equipment. Such screening shall not be required for stacking spaces that are located in a front yard.
         B.   Stacking space and lane requirements. Drive-through facilities shall be required to include vehicle stacking spaces as established in § 1218.05.
      (8)   Home occupations. The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by this section.
         A.   The home occupation shall be clearly secondary to the full-time use of the property as a residence.
         B.   Any home occupation that provides services where members of the public visit or enter the premises may be permitted if designed to accommodate one client or customer (one client could include multiple people from a family or household) at a time and which meets all other applicable requirements for home occupations.
         C.   Permitted home occupations. The following uses, and other uses determined by the Development Code Administrator to be similar in nature and impact, may be approved as a home occupation when in compliance with this section:
            1.   Art and craft work including, but not limited to ceramics, painting, photography, dressmaking, millinery, sewing, weaving, tailoring, and sculpting;
            2.   Office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, consultant, counselor, insurance agent, planner, tutor, or writer;
            3.   Personal service establishments including, but not limited to, fitness/health facilities, ironing or washing, beauty parlors, barber shops, animal grooming (no overnight boarding), or licensed massage or physical therapy; and
            4.   Mail order or online businesses or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.) may be allowed where there is no stock-in-trade on the site.
         D.   Prohibited home occupations. The following are business activities that are prohibited as home occupations:
            1.   Animal hospitals and boarding facilities;
            2.   Automotive and other vehicle repair and service, except when such repair or service is on a vehicle owned by the property owner or tenant of such property;
            3.   Construction, landscaping, or similar contractor facilities and storage (an office-only use is allowed in compliance with the above section) and other outdoor storage;
            4.   Fitness/health facilities that provide group activities or services;
            5.   Medical clinics, laboratories, or doctor's offices;
            6.   Parking on, or dispatching from the site, any vehicle used in conjunction with the home occupation (e.g., landscaping services, taxi services, construction, semi-trucks, etc.) with the exception of a vehicle owned and operated by the home owner or tenant;
            7.   Uses that require explosives or highly combustible or toxic materials or that involve equipment that creates any dust, noise, odors, glare, vibrations or electrical disturbances beyond the property line;
            8.   Welding and machine shop operations;
            9.   Wood cutting businesses; or
            10.   Other similar uses as determined by the Development Code Administrator.
         E.   Use standards.
            1.   Permitted home occupations shall not create an adverse effect on the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties.
            2.   The residential building shall not be altered in any manner that is intended to change the residential appearance of the dwelling to a building with a commercial appearance. There shall be no separate entrance created solely for the home occupation.
            3.   At least one resident of the dwelling shall operate the home occupation and there may be up to one employee on-site who does not reside at the dwelling.
            4.   The operator of a home occupation in a rental unit shall be able to demonstrate that the property owner has authorized the use of the unit for a home occupation.
            5.   The home occupation may be located in either the principal dwelling or in an accessory building but in no case shall occupy a space that exceeds 25% of the total floor area of the principal dwelling unit.
            6.   No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses. No additional driveways shall be established for the use of the home occupation.
            7.   There shall be no signs other than the signs allowed on a dwelling in § 1220.07(a).
            8.   There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
            9.   Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
      (9)   Nursery schools or day care centers (children or adults). Nursery schools or day care centers may only be permitted as accessory uses to an approved public and institutional use.
      (10)   Outdoor dining.
         A.   Outdoor dining shall only be permitted as an accessory to an indoor restaurant.
         B.   Outdoor dining areas shall be located along a public or private sidewalk adjacent to the principal building or between the principal building and parking area. Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the outdoor dining area and the principal building.
         C.   The seating capacity of the outdoor seating areas shall not exceed the seating capacity of the indoor seating area.
         D.   If the outdoor dining area is located on a sidewalk, the area shall be designed so there is a minimum of five feet of clearance adjacent to the dining area to allow for pedestrian circulation.
         E.   The outdoor dining area shall be limited to seating only and shall not include facilities for bussing or food or beverage preparation.
         F.   Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.
         G.   No outdoor dining areas shall obstruct any entrance or exit to a restaurant.
         H.   The property owner shall be responsible to keep the outdoor dining area free and clear from all garbage, trash and other debris and shall provide appropriate trash receptacles within the outdoor dining area for the deposit of refuse and litter. Such trash receptacles shall be emptied on a daily basis and shall be moved indoors at the end of each business day.
         I.   Enclosing outdoor dining areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a new certificate of zoning compliance.
      (11)   Outdoor displays and sales. Seasonal and permanent facilities for outdoor display and sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to another principal use may be permitted upon compliance with the following:
         A.   Such uses shall not be placed within the street right-of-way, within an interior drive, or in a location which will interfere with the intersection visibility requirements of § 1208.05.
         B.   Outdoor displays and sales shall be related to the principal use of the site and shall clearly be accessory and incidental to the principal use. Outdoor displays and sales shall be prohibited when the principal building is vacant.
         C.   Outdoor display and sales areas may be permitted in the front yard provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building. Outdoor display and sales areas may also be permitted in the side or rear yard without being located adjacent to the building.
         D.   In all cases, any areas designated for outdoor display or sales shall be set back a minimum of 25 feet from any adjacent residential lot.
         E.   The placement of the merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.
         F.   The outdoor display and sales areas shall be maintained in good order and appearance.
         G.   A specific schedule of operation shall be filed and approved as part of the submitted certificate of zoning compliance application. If the principal operator intends to use the area on a regular basis, the area shall be clearly designated on the plans submitted with the certificate of zoning compliance application and shall include a schedule of use for outdoor display and sales activities.
         H.   The outdoor display and sale of goods and products shall only be allowed for a maximum of three consecutive months. A conditional use approval shall be required for any timeframe longer than three consecutive months.
         I.   The outdoor display and sale of goods and products shall be limited to those goods and products that a customer can pick up and carry into the building for purchase. Larger items may be displayed for sale if in compliance with the outdoor storage requirements of division (e)(12) of this section.
      (12)   Outdoor storage and bulk sales.
         A.   Outdoor storage and bulk sales shall comply with the standards of outdoor displays and sales unless otherwise modified by this section.
         B.   Outdoor storage and bulk sales in a parking lot shall be prohibited unless allowed as a temporary use pursuant to § 1206.02.
         C.   The area of the lot devoted to outdoor storage of goods and merchandise shall not exceed 20% of the ground floor area of the principal building.
         D.   Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust.
         E.   In all cases, any areas designated for outdoor storage areas shall be set back a minimum of 50 feet from any adjacent residential lot.
         F.   Screening.
            1.   All aspects of outdoor storage and bulks sales of goods and materials shall be enclosed with a Type B buffer as identified in § 1216.06.
            2.    If the wall or fence needs to exceed eight feet in height to conceal the storage of materials, such wall or fence shall be constructed of materials similar to the principal building so that it appears to be an extension of the principal structure.
 
Figure 1206-A: Use of a wall and fencing for screening that is architecturally compatible with the principal building.
            3.    All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
            4.   Outdoor storage of materials shall not include a junkyard or similar storage as defined in this code.
      (13)   Outdoor vending machines and drop-off-boxes. Outdoor vending machines and drop-off boxes for recycled goods, books, donations, etc., may be permitted when they comply with the following regulations:
         A.   No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location which will interfere with required intersection visibility requirements in § 1208.05.
         B.   The facility or equipment shall be maintained in good operating order and appearance.
         C.   Outdoor vending machines and drop-off boxes shall only be permitted in residential zoning districts when accessory to a nonresidential use.
         D.   Vending machines shall only be placed along the façade of the principal building. See Figure 1206-B.
 
Figure 1206-B: The above is an image of a vending machine that is appropriately located along the façade of the building.
         E.    Drop-off boxes shall only be permitted in the side or rear yard.
         F.    A maximum of one drop-off box and two vending machines are permitted on any single lot. One additional drop-off box and one vending machine shall be permitted on a lot for each two acres of lot area in excess of an initial two-acre lot. This limitation on the number of boxes or machines shall not apply to dumpsters or to vending machines located within the building.
         G.   The container shall be emptied at least once every week. Containers that result in the overflow of donated goods shall be declared a nuisance and shall be removed immediately upon notification by the Development Code Administrator at the expense of the property owner or business owner.
         H.   The City shall have the authority to place more than one drop-off box on a single lot when providing recycling services to the general public.
      (14)   Patios (unenclosed). Patios in the rear yard may have built-in grills or kitchen areas provided such use complies with any applicable building code requirements.
      (15)   Porches and decks. Porches or decks that are enclosed (with walls made of screening or other materials) shall meet the setback requirements for principal buildings in the applicable zoning district.
      (16)   Private water towers, tanks, or reservoirs.
         A.   The structure shall be set back from all lot lines a minimum of one foot for every foot in height;
         B.   The structure shall be a pedisphere, fluted column, or standpipe design only. Multi-leg designs are prohibited;
         C.   Any signage on the tower, tank, or reservoir shall be calculated as part of the allowable building signage pursuant to § 1220.08(c).
         D.   The structure shall not be artificially lighted or marked, except as required by law;
         E.   The structure shall be galvanized and/or painted with rust preventive white paint in its entirety and shall be maintained in accordance with the requirements of this code.
      (17)   Raising of small livestock.
         A.   The raising of small livestock, other than rabbits, shall be in compliance with § 618.21 of the Middletown Code of Ordinances.
         B.   The raising of up to five rabbits on a lot with a single-family dwelling is allowed subject to the following:
            1.   The rabbits shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times; and
            2.   No enclosure shall be located closer than 25 feet to any residential structure on an adjacent lot.
      (18)   Retail sales.
         A.   The accessory retail sale of items manufactured on-site is permitted in the I-1 and I-2 Districts provided that the total floor area of retail sales does not exceed 35% of the total gross floor area of the principal building.
         B.   Accessory retail sales (e.g., coffee kiosk, cafeteria, book store, etc.) are permitted in all other zoning districts when located completely within the principal building of a nonresidential use. The total floor area of retail sales shall not exceed 15% of the total gross floor area of the principal building.
      (19)   Satellite antennas (dish-type).
         A.   Purpose. City Council hereby finds and determines that the guidelines and restrictions contained in this section are necessary to ensure the following health, safety and aesthetic objectives:
            1.   To minimize obstructions to visibility around streets, sidewalks and driveways;
            2.   To reduce potential attractive nuisance to children, animals, etc.;
            3.   To reduce the exposure of the antenna to high wind forces, particularly from tornadoes, and reduce hazards from falling and wind-propelled objects;
            4.   To reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level;
            5.   To reduce potential contact and conflicts between antennas and utility lines, both above and below grade level;
            6.   To limit interference with natural sunlight and the circulation of air and to preserve space for trees and other plants; and
            7.   To reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features, and to preserve property values.
         B.   Permits.
            1.   Except as provided under division (e)(19)B.2.b. below, a permit is not required for the following types of antennas:
               a.   A small antenna; or
               b.   A conforming commercial earth station.
            2.   A permit prior to installation is required for the following types of antennas:
               a.   A small antenna installed, maintained and used in a manner requiring a permit under the OBBC Antenna Regulations;
               b.   An antenna in an historic district or upon a historic landmark; or
               c.   A satellite earth station.
         C.   Restrictions.
            1.   All antennas must comply with the applicable regulations in this section, regardless of whether a permit is required. The regulations stated in the table below apply to the indicated types of antennas. The regulations do not apply to an antenna located within a building.
            2.   The Development Code Administrator shall designate all other regulations from codes other than this section that apply to small antennas, by listing them on a document to be made readily available to antenna users. The Development Code Administrator shall only include those regulations which are:
               a.   Necessary to accomplish a clearly defined safety objective; and
               b.   No more burdensome to affected antenna users than is necessary to achieve the stated objective.
            3.   The Development Code Administrator shall state each such safety objective in the document. A copy of this section shall also be made readily available to antenna users. The regulations stated in the document, plus any others made applicable by this section, are the only City regulations applicable to small antennas.
            4.   The City must be notified within 30 days of the installation of any antenna not otherwise requiring a permit prior to installation on a form provided by the Development Code Administrator.
            5.   Conforming commercial earth stations must comply with the applicable building code.
            6.   Small antennas and satellite earth stations must comply, where applicable, with Section 3109.0 of the OBBC and Section 1301:7 of the Ohio Fire Code.
            7.   Regulations specific to satellite earth stations:
               a.   A free-standing antenna shall not be constructed in any front or side yard, but shall be constructed to the rear of the primary structure. Roof-mounted antennas are prohibited unless construction of a freestanding antenna in the rear yard materially limits transmission or reception. If roof-mounted, antennas shall be mounted only upon the portion of the roof of a primary structure that faces the rear yard or on an accessory structure in the rear yard, as defined in this code.
               b.   No antenna, including its concrete base slab or other substructure, shall be constructed less than 15 feet from any property line or easement.
               c.   An antenna shall be placed to reasonably conceal the antenna from views from neighboring properties and public rights-of-way.
               d.   An antenna, if ground-mounted, shall not exceed a grade height of 15 feet. If roof-mounted, its height shall not exceed 16 feet above the roof upon which it is mounted in a non-residentially-zoned district. In residentially-zoned districts, the height of a roof-mounted antenna shall not exceed the maximum height of the roof upon which it is mounted. In any event, a roof-mounted antenna shall not exceed a height equal to the maximum permissible height of a building in the zoning district in which it is located.
               e.   An antenna shall not exceed three meters in diameter.
               f.   The connection between a ground-mounted antenna and its receiving and/or transmitting equipment shall be placed at least four inches beneath the surface of the ground.
               g.   Any driving motor shall be limited to 120 volts maximum power design and shall be encased in protective guards.
               h.   An antenna must be grounded.
               i.   No sign or advertising shall be displayed on the antenna.
         D.   Variances. In addition to its other powers, the BZA may grant a variance for an antenna, if:
            1.   The BZA finds that the intended function of the antenna would be adversely affected, in some significant way, if the antenna had to be constructed in accordance with the provisions of this section; or
            2.   The variance is necessary to harmonize the City's ordinances and Federal laws, rules or regulations. A variance under this section does not require a showing of unnecessary hardship.
         E.   Table. In the following table, "X" means that the regulation applies to the indicated type of antenna, and the "N/A" means that it does not apply. The numbered notes are integral parts of this table and regulation.
Regulations
Small Antennas
Conforming Commercial Earth Stations
Other Satellite Earth Stations
Regulations
Small Antennas
Conforming Commercial Earth Stations
Other Satellite Earth Stations
Street Visibility. Antenna must be placed in a location that is not visible from a street area or that is least conspicuous from a street area, in order of preference listed below, if this placement will not impair reception of an acceptable signal, or result in an unreasonable delay in, or cost of, installation. (1) rear yard or rear roof (2) side roof (3) side yard (4) front roof (5) front yard
(1)(2)(3)(5)(7)
X
X
N/A. See § 1207.16(c)( 6)
Screening. Antenna installed in a location visible from a street area must be screened so as not to be visible from the street area, if screening will not impair reception of an acceptable signal or result in an unreasonable cost of installation. Screening may be installed within 30 days of the antenna’s installation, or if vegetation will be used to screen an antenna that is not installed during a planting season, screening may be installed within 30 days of the beginning of the next planting season.
(3)(7)
X
X
N/A. See § 1207.16(c)( 6)
Height. Antenna must be no greater in height, to the extent feasible, than: (i) for small antenna, four feet above the maximum height of the roof of the primary structure on the lot on which the antenna is located and (ii) for conforming commercial earth stations, eight feet above the maximum height of the roof of the primary structure on the lot on which the antenna is located.
(4)(6)
X
X
N/A. See § 1207.16(c)( 6)
Color. Antenna must be colored to blend in the background against which it will be mounted. This may require painting, if paint will not interfere with reception or result in an unreasonable cost of installation. Antenna may be painted within 30 days of the antenna’s installation or as soon thereafter as weather permits.
(3)(7)
X
N/A
X
Signage. No sign or advertising shall be displayed on the antenna. (3)(7)
X
X
X
OBBC. Antenna must comply with the OBBC Antenna Regulations. (1)(2)(4)(5)(6)
X
N/A
X
Small Antenna. Must comply with Designated Small Antenna Regulations. (1)(2)(3)(4)(5)(6)(7)
X
N/A
N/A
Conforming Commercial Earth Station. Must comply with Codified Ordinance Chapter 1444. (4)(5)(6)
N/A
X
N/A
Satellite Earth Station. Must comply with Satellite Earth Station Regulations in § 1207.16(c)(6). (1)(2)(3)(4)(5)(6)(7)
N/A
N/A
X
(1)   Health objectives: to limit interference with natural sunlight and the circulation of air and preserve space for trees and other plants.
(2)   Safety objective: to minimize obstructions to visibility around streets, sidewalks and driveways.
(3)   Safety objective: to reduce potential attractive nuisance to children, animals, etc.
(4)   Safety objectives: to reduce the exposure of the antenna to high wind forces, particularly from tornadoes, and reduce hazards from falling and wind-propelled objects.
(5)   Safety objectives: to reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level.
(6)   Safety objectives: to reduce potential contact and conflicts between antennas and utility lines, both above and below grade level.
(7)   Aesthetic objective: to reduce the visual impact of antennas in a municipality containing both old and new homes, many with historic and architecturally significant features.
 
      (20)   Small-scale wind energy turbines (SWET).
         A.   Systems that are five megawatts or larger in capacity are regulated by the Ohio Public Utilities Commission.
         B.   SWETs are prohibited in the UC District.
         C.   SWETs may be located on lots with a minimum lot area of 2.5 acres or more. However, if the proposed turbine is attached to a building and the turbine (to the top of the blades) does not exceed the maximum building height requirement of the applicable zoning district, there shall be no minimum lot area requirement.
         D.   The maximum height of a stand-alone SWET shall be 150 feet from natural grade to the top of an extended rotor blade.
         E.   All portions of a SWET support structure must, at a minimum, meet the setback requirements for the applicable zoning district. SWETs must also be set back a minimum distance equal to 110% of the height of the SWET, as measured to the top of the rotor blades, from all lot lines.
         F.   Only a single tower and single turbine shall be permitted on a property. Multiple turbines may be permitted if attached to a nonresidential building and if the diameter of the rotor is less than six feet.
         G.   Climbing access to the tower structure shall be limited by:
            1.   Placing fixed climbing apparatus no lower than ten feet from the ground; and
            2.   Placing a six-foot fence or shielding around the SWET.
         H.   SWETs shall be of a scale intended for on-site power consumption and shall not be designed to produce energy to sell to electric providers. This regulation shall not prohibit a property owner that is installing a SWET from connecting to the local electric system if mandated by the electric provider for the purposes of safety.
      (21)   Solar energy systems.
         A.   Ground-mounted solar energy systems.
            1.   Ground-mounted solar energy systems shall only be permitted in the side or rear yard and shall be set back a minimum of five feet from all lot lines.
            2.   No ground-mounted system shall exceed eight feet in height as measured from ground.
            3.   Ground-mounted solar energy systems shall be screened from any adjacent residential lots by a Type B landscape buffer as identified in § 1216.06.
            4.   A certificate of zoning compliance shall be required for ground-mounted solar energy systems.
         B.   Roof-mounted solar energy systems.
            1.   Roof-mounted solar panels that are integrated with the surface layer of the roof structure or are mounted flush with the roof structure may be permitted on any roof surface of a principal building or accessory building.
            2.   Roof-mounted solar panels that are mounted at an angle to the roof structure shall only be permitted on roof surfaces that face the side or rear lot.
            3.   Solar panels may be mounted on flat roofs provided there is a parapet wall or other architectural feature that screens the view of the panels. Such panels may be mounted on an angle provided they do not extend more than five feet above the roof surface.
            4.   A certificate of zoning compliance shall not be required for roof-mounted solar energy systems.
      (22)   Swimming pools. Any swimming pool shall be subject to the standards of this paragraph including pools that are designed to be temporary in nature.
         A.   Swimming pools that are enclosed within a building shall not be subject to these standards.
         B.   The outer wall of a swimming pool shall be set back a minimum of six feet from any side or rear lot line. The pool shall also meet all front yard setbacks, except on a corner lot, where the pool shall be set back a minimum distance equal to one-half of the front yard setback requirement in the applicable district, from the secondary street as determined by the Development Code Administrator.
         C.   The outer wall of a swimming pool shall be set back a minimum of six feet from a dwelling on the lot or at least three feet from any structure having no basement, including the principal structure or any accessory structure found on the same lot.
         D.   Any walks or paved areas adjacent to the pools shall be considered as patios for the purpose of this chapter and shall conform to the provisions of this chapter.
         E.   Any pool for the use of occupants of multi-family dwellings containing over three dwelling units or those that are accessory to a nonresidential use shall meet the structural and sanitary requirements of the Ohio Department of Health, as may be applicable.
      (23)   Tennis and other recreational courts. Outdoor tennis courts and courts for other sports, including basketball and racquetball, that are accessory to a residential or nonresidential use shall comply with the following requirements:
         A.   The court shall be set back a minimum of ten feet from all lot lines.
         B.   Fencing located adjacent to the court can have a maximum height of ten feet, regardless of the maximum fence height allowed in § 1208.06, Fencing. The fencing may be a chain link fence. Any fencing that exceeds the maximum height allowed in § 1208.06, shall be limited to the area that encloses the court.
         C.   If the fencing surrounding the court exceeds six feet in height, it shall be planted with a continuous row of large shrubs or hedges with a minimum, mature growth height of three feet that will screen and/or soften the appearance of the tall fencing and court. Such landscaping may only be broken by gates or doors that access the court.
         D.   Any lighting for the court shall not exceed 18 feet in height and shall be directed downward and only illuminate the court. All outdoor lighting shall comply with § 1208.04.
      (24)   Type B family day care home (1-6 children). Type B family day care homes are permitted when accessory to a single-family dwelling, regardless of the applicable residential zoning district.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2020-47, passed 10-6-2020; Am. Ord. O2021-73, passed 9-21-2021; Am. Ord. O2022-80, passed 10-4-2022)