1133.02 FENCES AND WALLS.

   (a)    Permit Required. No person shall erect or substantially alter a fence or walls without first obtaining a zoning permit.

   (b)    Location Restrictions.

      (1)    No private fence or wall shall be erected in the public right of way.

      (2)    All improvements made shall be erected on private property, no less than one (1) foot from the lot line and shall be maintained in good condition by the property and free of all advertising or other signs.

      (3)    Fences and walls constructed on corner lots shall conform to front yard regulations on both streets.

      (4)    Fences in Required Front Yards. Whenever a fence is located in a required front yard, at least forty-percent (40%) of the vertical surface of such fence shall be open.

         A.    The percentage of openness of a fence shall be calculated when  viewed from an angle perpendicular to the fence.

         B.    The openings of a fence shall be evenly spaced throughout the vertical surface.

         C.    Examples of fences permitted in the front yard include, but are not limited to wrought iron, picket and rail fences. See Figure 1133.02.

 

   (c)    Height Restrictions.

      (1)    In the R-1 District, fences in a side or rear yard shall not exceed six (6) feet in height, except around swimming pools, and shall not exceed four (4) feet in height in the front yard.

      (2)    In the C-1 District, fences in a side or rear yard shall not exceed six (6) feet in height, and shall not exceed four (4) feet in height in the front yard.

      (3)    In the I-1, I-2 and M-U Districts, fences in a side or rear yard shall not exceed ten (10) feet in height including any top-mounted extensions for barbed wire or other such security installation, and shall not exceed four (4) feet in height in the front yard. Barbed wire shall not be permitted on fences in the front yard, except as specifically permitted in 1133.02(c)(4).

      (4)    Fences six (6) feet in height topped with top-mounted extensions for the installation of barbed wire or other such security installation shall be allowed in all districts when approved by the Planning Commission for protecting and securing gas or oil wells, transmission facilities, combustible materials and unmanned communications facilities.

   (d)    Construction Requirements.

      (1)    All fences and walls shall be so constructed as to have posts on the inside of the property line with the smooth side facing the adjacent properties.

      (2)    All fences and walls shall be of uniform design.

      (3)    No fence shall be electrified.

      (4)    Fences and wall erected to meet buffering and screening requirements shall comply with the regulations set forth in Chapter 1141.

         (Ord. 19-10.  Passed 11-7-19.)

1133.03 SIZE STANDARDS FOR ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS.

   Accessory uses, buildings and structures permitted in residential districts shall conform to the location, coverage, and maintenance standards contained in this Section and only to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.

   (a)    Accessory buildings shall comply with the maximum area and height regulations in Table 1133.03(a), except as permitted in 1133.03(b) for lots greater than five acres.

 

Table 1133.03(a) Accessory Building Maximum Area and Height
	Maximum Area	Maximum Height
(1) Accessory buildings including garage	1,000 sq ft for up to 1 acre plus an additional 400 sq ft allowed for each additional 0.5 acre.	24 ft.
(2) Agricultural structures	No limit when located on a lot of 1 acre or greater	24 ft.

   (b)    Accessory Buildings On Lots Greater Than Five Acres.

      (1)    On lots of five (5) acres or more, the maximum floor area of an accessory building in an R-1 Residential District shall not exceed three thousand (3,000) square feet.

      (2)    On lots of five (5) acres or more, the combined total floor area of all accessory buildings in an R-1 Residential District shall not exceed five thousand (5,000) square feet.

         (Ord. 19-10.  Passed 11-7-19.)

1133.04 LOCATION REQUIREMENTS FOR ACCESSORY BUILDINGS AND STRUCTURES IN RESIDENTIAL DISTRICTS.

   (a)    Location Requirements for Accessory Structures.

      (1)    Attached garages or accessory buildings connected with the main building by a breezeway or other permanently constructed connection shall be construed to be a part of the main building for the purposes of this section and shall be subject to the minimum setback requirements of 1125.04.

      (2)    The minimum distance between a dwelling and an accessory building shall be 10 feet.

      (3)    An accessory building or structure permitted in an R-1 shall be located as set forth in Table 1133.04(b). However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.

   (b)    Table 1133.04(b).

Table 1133.04 (b) Permitted Accessory Structures In Front, Side And Rear Yards In R-1 District
		Minimum Setback from Lot Line
Structure	Yards Permitted	Front	Side	Rear
(1) Accessory buildings including garages and other accessory structures not specified herein	S, R	NP	15 feet	15 feet
(2) Driveways	F, S, R	NA	3 feet	3 feet
(3) Fences, walls	F, S, R	See Section 1133.02
(4) Private swimming pools (see also section 1133.08)	R	NP	15 feet	15 feet
(5) Ponds, Lakes and water retention See Chapter 1133	F, S, R	15 feet	15 feet	15 feet
(6) Signs	F	See Chapter 1139
Notes to Schedule 1133.03(b): F = Front Yard; S = Side Yard; R = Rear Yard NA Not Applicable NP Not Permitted

(Ord. 19-10.  Passed 11-7-19.)

1133.05 PARKING AND DRIVEWAY REGULATIONS IN RESIDENTIAL DISTRICTS.

   In addition to location requirements set forth in Section 1133.04, driveways in residential districts shall comply with the following:

   (a)    All motor vehicles shall be parked on a driveway or parked or stored in a garage.

   (b)    Residential driveways shall comply with the requirements set forth Chapter 1137.

   (c)    Driveways may be used for the following purposes:

      (1)    The parking of passenger cars owned by the occupants of the dwelling and  their visitors.

      (2)    The parking of one commercial vehicle not exceeding seven feet in height nor having more than one and one half (1 ½) ton capacity as specified by the manufacturer, that is used in connection with said occupant’s livelihood, except that larger trucks may momentarily park in a driveway for emergencies and making deliveries. This provision does not include construction equipment or landscaping equipment, or trailers to haul such equipment.

      (3)    The parking or storage of recreational vehicles in compliance with Section 1133.04(f).

   (d)    Parking or Storage of Recreational Vehicles and Similar Apparatus. Any recreational vehicle, camper, or boat, on or off wheels or small utility trailer shall be either stored wholly within a garage or outdoors in compliance with the following regulations.

      (1)    Not more than two recreational vehicles or similar apparatus shall be stored outdoors.

      (2)    Outdoor storage shall be permitted only in the side or rear yard, and shall be adequately screened from view from adjacent property.

      (3)    A recreational vehicle, camper, or boat may be parked in the front yard on the driveway for loading or unloading purposes for a period not to exceed 48 hours in any seven-day period.

      (4)    Recreational vehicles and similar apparatus shall not be used as a dwelling, office, or other business structure, or for storage of any material, and shall have no connections to any electric, telephone, water, sewer, gas, or fuel source.

      (5)    All recreational equipment shall be kept in good repair and carry a current year’s license or registration.

   (e)    Parking or Storage of Inoperable Motor Vehicles. The outdoor parking of an inoperable or unlicensed motor vehicle on a paved or gravel surface in a residential district shall be permitted for a period not to exceed 30 days. Such motor vehicle may be stored in an enclosed garage for an unlimited time. No repairs or dismantling shall be conducted in connection therewith while such vehicle is parked or stored inside the building. At no time shall vehicles be stored outdoors on blocks.  (Ord. 19-10.  Passed 11-7-19.)

1133.06 REGULATIONS FOR FAMILY DAY CARE HOME, TYPE “B”.

   This Planning and Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well-being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods.

   (a)    According to Ohio R.C.  5104.054, any type B family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal zoning and shall be a permitted use in all zoning districts in which residential uses are permitted.

   (b)    A type “B” family day-care home is a permanent residence of the provider where child care is provided for 1 to 6 children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted.

   (c)    Type “B” family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate.

      (Ord. 19-10.  Passed 11-7-19.)