(a) Purpose.
(1) The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and generally unsafe conditions, while at the same time improving the quality, appearance and, most likely, the value of residential property for all residents of the village.
(2) In conjunction therewith, it is important to maintain residential areas as residential areas and to confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property.
(b) Home Occupations. Home occupations shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods.
(1) Standards for Home Occupations. No home occupation shall hereafter be established, altered or enlarged in any Residential District, unless such home occupation is permitted by this Zoning Code and complies with the following restrictions or standards.
A. No person, other than members of the family residing on the premises, shall be engaged in a home occupation in any residential district.
B. No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
C. No change in the outside appearance of the building or premises shall be made, nor shall there be any other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.
D. The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings, such as garages or sheds, whether attached or unattached, shall not be used for home occupations.
E. No mechanical or electrical equipment shall be used, except normal domestic or household equipment, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any of the permitted home occupations.
F. No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
G. There shall be no outdoor storage of equipment or materials used in the home occupation.
H. Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.
I. The home occupation shall not generate traffic greater in volume than normal for a residential neighborhood.
J. No trucks, vans, automobile or other mobile equipment used in the home occupation shall be parked in side or open yards, and all automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required or approved by Council after a public notice and hearing. Home occupation parking on noncurbed streets is prohibited. No truck other than one van-type truck shall be used in connection with a home occupation, unless approved by Council after a public notice and public hearing.
(2) Permits. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after the effective date of this chapter, shall be required to obtain a permit from the Village Engineer or his or her agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit shall be secured for each subsequent two-year period thereafter. The fee for the initial permit shall be $20. The fee for each renewal shall be $10.
(3) Permitted Home Occupations. The following shall be illustrative of permitted home occupations: handicrafts; art or music lessons; dressmaking; millinery; laundry; preserving and home cooking. Other uses shall be permitted by the Mayor if he or she determines that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g., a lawyer’s, doctor’s or architect’s) on his or her premises, provided that the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to.
(c) Condition of Premises; Waste Accumulation. No person shall:
(1) Cause or permit waste, garbage, trash or any debris, building materials, unused tires or other material, to accumulate or remain on his or her property, except as noted below. Trash, yard waste and recycling shall meet the following requirements:
A. Trash, yard waste, and recycling in containers or bundles that meet the trash hauler’s requirements are permitted to be placed on the driveway or yard (not in the street) from noon the day before the scheduled day of trash pick-up to 8:00 a.m. the day following trash pickup.
B. Trash cans and bundled trash must be stored out of sight from street right-of-ways when not set out for collection. Fences or landscaping materials may be used to conceal the cans and/or bundles. Fences and landscaping must be 100% opaque year-round. Fences used to conceal trash cans may be placed no further forward than a line two feet behind the adjacent front facade of the house. The fence may not be higher than 72" above the natural ground and each panel may be no wider than 48".
(2) Permit commercial vehicles or nonprivate passenger vehicles, exceeding four, to be parked or to remain in open view upon the premises of a residential neighborhood, except in connection with repair or construction work being undertaken at the premises and then only during such periods of repair or construction.
A. All motor vehicles at the premises, whether private, passenger, commercial or other, shall be parked on driveways or paved areas or concealed from public view in private garages, carports and the like. No motor vehicle shall be parked in required yard areas of residential neighborhoods.
B. All motor vehicles in public view on the premises shall be in operating condition and in compliance with all motor vehicle safety, equipment, registration and licensing laws by displaying proper tags and validation stickers.
C. Motor homes, trailers, boats and other nonprivate passenger vehicles shall, as nearly as practicable, be concealed from public view.
(3) Fail to keep the exterior of all residential and commercial premises in good condition and well-maintained, including painting, if necessary, and such persons shall, within a reasonable time, after notice, remove or remedy all unsightly, dirty and unsafe conditions; and
(4) Keep all vacant lots mowed, as often as necessary, in keeping with the character of the neighborhood, to prevent pestilence and insect infestation and to discourage the use of the property for dumping or landfill purposes.
A. All such vacant property shall be kept free of hazardous and unhealthful accumulations of water and other conditions affecting the health and welfare of residents of the village.
B. In those instances where such vacant property is being used contrary to village zoning laws and other ordinances, the property owner, upon notice, shall make use of appropriate remedies to prevent such unlawful use in cooperation with village officials.
C. All vacant lots shall be kept seeded or maintained in such manner as to prevent erosion of the property and excess drainage onto adjoining lands, and shall be kept free of trash and debris.
(d) Corrective Action by Village Officials.
(1) All violations of this section, which remain uncorrected after not less than ten days’ notice to the owner or resident, may be corrected by the village, or by any person selected by the village, and the costs thereof shall be paid by the owner of such property within 30 days.
(2) Any such charges which remain unpaid after 30 days may be collected in any manner provided by law and shall be certified by the Mayor to the Auditor of each county wherein such property may be located to be charged as a lien against the property.
(e) Appeals. Any person affected or aggrieved by any decision made by the Mayor in accordance with this section may appeal such decision directly to Council, and the decision of Council shall be final.
(f) Motor Vehicle Repair.
(1) Definitions. For the purposes of this section the following definitions shall have the following specified meanings:
A. “Major vehicle repair.” Any maintenance, repair or replacement not listed in the definition of “minor vehicle repair” in this division, including, but not limited to, the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of differentials or axles, dismantling of vehicles, and body work.
B. “Minor vehicle repair.” Maintenance, repair or replacement of the alternator, generator, starter, water pump, battery, brakes or part thereof; minor tune-up (which consists of distributor cap, rotor and spark plug replacement); change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; lubrication; vehicle cleaning such as washing; waxing; detailing.
(2) Motor Vehicle Service and Repair. No person shall perform or conduct any motor vehicle service, work, grade, occupation or business, including, but not limited to, the servicing, repairing, assembling, wrecking, modifying, restoring, painting or otherwise working on a motor vehicle as defined by R.C. § 4511.01, or related thereto, on a residential lot or in any private garage.
A. The performance of major vehicle repair and/or minor motor vehicle repair of the motor vehicle registered to the resident of such lot thereon and shall not constitute a violation of this section providing:
1. Such major motor vehicle repair must be performed in a fully enclosed structure;
2. Such minor motor vehicle repair may be performed outside a fully enclosed structure provided that the total continuous elapsed time between the beginning and the end of the repair does not exceed 24 hours;
3. Such work shall be conducted on no more than one vehicle at any one time and no more than two vehicles within a 14-day period;
4. Such work shall be done only between the hours of 8:00 a.m. and 8:00 p.m;
5. Such work shall not be done in a public right-of-way;
6. Storage of parts, equipment, or other supplies needed for the repair of the vehicle on the premises must be kept within an enclosed structure or in an area which is screened from public view;
7. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, grease, gasoline, cloths, rags, equipment or material used in the work, and shall be left in such a condition that no hazard to persons or property shall remain; and
8. No such work which creates a nuisance as defined in § 1272.07 shall be permitted.
(3) Penalty. Violation or failure to comply with any of the provisions of this section shall be considered a minor misdemeanor punishable per day per occurrence. Nothing herein shall prevent the village from taking corrective action or such other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. 5-89, passed 5-8-1989; Ord. 06-2017, passed 3-13-2017)