(A) Fences and walls. Notwithstanding other provisions of this Zoning Code, fences, walls and foliage are permitted in required yards under the following conditions:
(1) Only decorative fencing as regulated below shall be permitted in the front yard. The height shall not exceed four feet in the front yard, including both front yards of a corner or through lot, except within the clear vision triangle (see § 155.092(B)) which shall be three feet.
(a) A decorative fence shall be limited in type to types commonly referred to as split rail, wrought iron, or decorative metal, wood picket fence, but shall exclude chain link wire fences or otherwise permitted decorative fences less than 30% open to light and air.
(2) Fences, walls and foliage adjacent to any public sidewalk shall be set back at least one foot from the inside of the sidewalk.
(3) Visibility into and out of any driveway or street shall remain unobstructed.
(4) Within a side or rear yard in a residential district, no fence or wall shall be permitted to exceed a height of six feet, measured from the natural grade to the uppermost portion of the fence.
(5) In residential districts, if both sides of the fence are not identical, the finished side shall face the adjoining property.
(6) Fences in nonresidential districts shall be permitted up to eight feet in height, provided for each foot exceeding six feet, there shall be a one and one-half foot setback from side property lines.
(a) Except fences for permitted recreational and agricultural uses where no height limitation shall apply.
(7) Barbed wire or electrically charged fences may be erected in nonresidential districts, provided the electrically charged or barbed section of the fence shall be no lower than seven feet above grade.
(8) Fences, walls or foliage erected or maintained above or within utility easements shall be subject to removal, as necessary, to provide access to such easements.
(B) Temporary buildings and structures.
(1) Construction buildings and structures, including trailers, incidental to construction work on a lot, may be placed on that lot, subject to the following:
(a) Construction buildings and structures may only be used for the storage of materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities related to construction activity on the lot. An enclosed structure for temporary sanitation facilities shall be required on all construction sites.
(b) No construction building or structure shall be used as a dwelling unit.
(c) A permit shall be obtained from the Zoning Administrator prior to installation of a construction building or structure.
(d) Construction buildings and structures shall be removed from the site within 15 days after an occupancy permit is issued by the Zoning Administrator for the permanent structure on the lot, or within 15 days after the expiration of a building permit issued for construction on the lot.
(2) Sales offices or model homes may be placed on a lot subject to the following:
(a) A permit shall be obtained from the Zoning Administrator prior to installation or construction. The permit shall specify the location of the office and shall be valid for a period of up to one year. A temporary permit may be renewed by the Zoning Administrator for up to two successive one year periods or less at the same location, if it is determined that the temporary building is still incidental and necessary.
(b) Only transactions related to the development in which the temporary building is located shall be conducted within the building. General offices for real estate, construction, development or other related businesses associated with the project shall not be permitted.
(C) Dumpsters. All uses that maintain garbage dumpsters on site shall provide a screened enclosure by means fence/wall, or a combination thereof equal in height to the dumpster as regulated by § 155.091. All such garbage collection areas shall be located in the rear yard and setback a minimum of two feet from any property line, unless site limitations such as topography, yard area, or access prevent such placement, as determined by the Zoning Administrator.
(D) Garage sales. Wherein personal property may be sold from a residential district, provided that:
(1) No property shall be offered for sale which has not been owned and used by the occupant of the premises.
(2) Not more than two garage sales shall be conducted on the premises in any calendar year.
(3) No garage sales shall be conducted for longer than three consecutive days in duration.
(4) Garage sales may be conducted during daylight hours only.
(5) No garage sale shall be conducted within the City of Mt. Healthy without the issuance of a garage sale permit.
(6) Any person(s) or group desiring to have a garage sale shall make application to the City Clerk. Such application shall state the name of the person(s) or group who is having the sale, the address of the person(s) or group, the location of the sale, and the dates of the sale. Upon submission of the application the person(s) or group shall be issued a permit that must be in a conspicuous place on the premises on which the sale is being held.
(7) The City Clerk shall charge and collect a fee of $5 for the second garage sale permit.
(E) Unlawful buildings and uses. Any building, use or lot which has been unlawfully constructed, occupied or created prior to the date of adoption of this Code shall continue to be unlawful, unless expressly permitted by this Zoning Code. Such buildings, uses or lots shall not be considered to be nonconforming and are not entitled to any consideration under the provisions of Subchapter 155.19.
(Res. 21-1165, passed 7-20-21)