CHAPTER 1173
Supplementary District Regulations
Supplementary District Regulations
1173.01 General.
1173.02 Principal building/rear dwellings per lot.
1173.03 Conversion of dwelling to more units.
1173.04 Existing lots of record.
1173.05 Temporary buildings and uses.
1173.06 Regulation of accessory uses and buildings.
1173.07 Reduction of area or space.
1173.08 Supplemental yard and height regulations.
1173.09 Architectural projections.
1173.010 Construction in easements.
1173.011 Construction on embankments.
1173.012 Setback from publicly established drainage ditches.
1173.013 Parking and storage of vehicles and trailers.
1173.014 Long-term parking facilities for all types of vehicles.
1173.015 Screening for non-residential uses abutting residential districts.
1173.016 Fences and walls.
1173.017 Shrubbery and hedges.
1173.018 Penalty.
1173.019 Adult businesses.
1173.020 Adult group residential facilities.
1173.021 Amusement arcades.
1173.022 Child care.
1173.023 Fire hazards.
1173.024 Yard sale, registration and permit required.
1173.025 Home occupations.
1173.026 Junk.
1173.027 Noise.
1173.028 Objectionable, noxious, or dangerous uses, practices, or conditions.
1173.029 Required refuse collection areas.
1173.030 Satellite dish antennas.
1173.031 Sidewalks.
1173.032 Swimming pools.
1173.033 Assurance requirements and plans.
1173.034 Public utility uses.
1173.035 Skill-based amusement machine businesses.
1173.036 Landscaped mounding.
CROSS REFERENCES
Public nuisances - see GEN.OFF. 521.06
Littering - see GEN.OFF. 521.07
Storage of junk vehicles - see GEN.OFF. 521.16
1173.01 GENERAL.
The purpose of supplementary district regulations is to set specific conditions for various uses, classifications of uses, or areas wherein problems may occur in order to alleviate or preclude such problems and to promote the harmonious exercise of property rights without conflict.
1173.02 PRINCIPAL BUILDING/REAR DWELLINGS PER LOT.
No more than one (1) principal building or structure may be constructed upon any one (1) lot for the purposes of this Ordinance, unless it is in full compliance with the City of Norwalk Subdivision Regulations. Rear dwellings shall be prohibited and shall be considered non-conforming uses subject to the requirements of Chapter 1171 of this Ordinance, unless for purposes of a single-family dwelling there is a street frontage of a minimum of 50 feet, the dwelling faces the street, and is addressed in sequence with the other addresses on the street.
1173.03 CONVERSION OF DWELLING TO MORE UNITS.
A residence may not be converted to accommodate an increased number of dwelling units unless:
A. The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district.
B. The lot area per family equals the lot area requirements for new structures in that district.
C. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
D. The conversion is in compliance with all other relevant codes and Ordinances.
E. The district within which the residence is located is so regulated as to allow such increase in dwelling units.
1173.04 EXISTING LOTS OF RECORD.
Any lot of record existing at the effective date of this Section in any R District which is pocketed by buildings existing on the two (2) lots adjoining at the side which are in different ownership, may be used for the erection or reconstruction of a single-family dwelling, even though its area and width are less than the minimum requirements set forth herein. Where two (2) adjoining lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require that the lots be combined and used for one (1) main building or use. In either case, the prevailing or required setback shall be met. Where three (3) or more contiguous unimproved lots of record with less than the required area and width are held by one (1) owner, the Planning Commission may require replatting to fewer lots to permit compliance with the minimum yard requirements.
1173.05 TEMPORARY BUILDINGS AND USES.
The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a temporary Zoning Permit, an application for a Zoning Permit shall be made to the Zoning Inspector at least seven (7) days before the installation of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a site plan with sufficient information to determine the yard, setback, parking, and sanitary facility requirements for the proposed temporary use.
A. The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
1. Real estate sales offices which shall contain no living accom modations, shall be permitted within any district for any new subdivision for a period of one (1) year, except that two (2), six- (6) month extensions may be granted if conditions warrant. Such offices shall be removed upon the completion of the sales of the lots therein, or upon the expiration of the Zoning Permit, whichever occurs first.
2. Temporary buildings, construction trailers, offices, equipment, and materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of one (1) year, except that six- (6) month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the Zoning Permit, whichever occurs first.
3. Except as authorized in Section 1173.05, temporary buildings or other temporary facilities are strictly prohibited. This prohibition includes, but is not limited to, the use of trailers of any description as a building or storage facility.
(Ord. 2003-067. Passed 11-18-03.)
B. Written application for a temporary permit shall be made to the Zoning Inspector. The application shall include:
1. The address of the property and the name, address, and telephone number of the owner and occupant of the property.
2. A description of the business’ temporary use sought to be carried on.
3. The number and names of persons to be involved in the business.
4. Any additional information required by the Board of Zoning Appeals to establish the advisability of granting the permit.
1173.06 REGULATION OF ACCESSORY USES AND BUILDINGS.
It is the purpose of Section 1173.06, inclusive of this Ordinance, to regulate accessory uses in order to promote the public health, safety and welfare. It is the intent of this Section to permit such uses to be established and maintained in a manner which makes them compatible with principal uses and harmonious with uses upon adjacent properties. This Section shall apply to the location and maintenance of accessory uses as herein defined. A Zoning Permit is required.
(Ord. 99-45. Passed 7-13-99.)
A. General Requirements
Except as otherwise provided in this Ordinance, an accessory use or structure shall be permitted in association with a principal use or structure provided that:
1. It shall not contain or be used as a dwelling unit.
2. It shall not exceed fifteen feet (15') in height.
4. An accessory building may be detached from the principal building or erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure.
5 Except as provided in Section 1173.09, accessory buildings shall only be erected in a rear yard, and shall not occupy more than thirty-five percent (35%) of the rear yard.
(Ord. 2000-52. Passed 6-20-00.)
6 All accessory buildings shall be erected at least six feet from any dwelling which it is not an integral part of and shall be at least six feet from any other accessory building, and shall be at least five feet from all lot lines of any adjoining lot within any R District. No part of any accessory building shall be erected on any lot at a distance greater than 250 feet from the street right-of-way line located at the front of the lot.
(Ord. 2001-71. Passed 9-4-01.)
B. Accessory Elderly-Dwelling Unit
Notwithstanding the provisions of Section 1173.03 of this Ordinance, an owner-occupied, single-family dwelling unit may be converted to allow the incorporation of one (1) additional dwelling unit for the exclusive occupancy of an elderly household, a member of which shall be an elderly person related to the owner of the single-family dwelling unit. Such accessory elderly dwelling unit shall be wholly contained within the existing principal building or shall be attached to it by a common wall, floor, or ceiling. The application for the Zoning Permit for such conversion shall be accompanied by an affidavit attesting to the owner's present occupancy of the dwelling unit and to the age and relationship of the elderly person.
C. Retail Sales and Services as an Accessory Use
Retail sales and services are permitted as accessory uses when clearly incidental to the principal use. With the exception of restaurants in conjunction with a motel, such uses shall be conducted wholly within the principal building and without exterior advertising or display. These activities shall be conducted solely for the convenience of the employees, patients, patrons, students, or visitors and not for the general retail public. In hospitals and clinics these accessory uses may include drug stores, florists, gift and book shops, and cafeteria institutional settings; office buildings, hotels, country club houses, and airports, such activities may include gift and book shops, restaurants, cafeterias and coffee shops, lounges, pro shops, beauty and barber shops.
D. Accessory Buildings Used for Storage
Accessory buildings used for storage shall not include the use of temporary structures including tents, trailers, mobile homes, auto or truck bodies, beds, boxes, trailers, truck caps and campers, or railroad cars whether affixed to a permanent foundation or not. Accessory buildings used for storage shall otherwise meet all other zoning setback, height, area, and percent of lot coverage requirements for the particular use or district in which located, and shall be maintained in good condition.
(Ord. 99-45. Passed 7-13-99.)
E. Construction Prior to Main Building in any R District
No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, except for use to store tools and materials during construction of the principal or main building. (Ord. 2000-52. Passed 6-20-00.)
1173.07 REDUCTION OF AREA OR SPACE.
No lot, yard, parking area, or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area, or other space less than the minimum required by this Ordinance. Furthermore, any lot, yard, parking area or other space which is already less than the required minimum, shall not be reduced further. However, nothing in this Section shall be interpreted to limit the power of the Board of Zoning Appeals in the granting of variances under this Ordinance.
1173.08 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS.
A. Setback Requirements for Corner Buildings
On a corner lot, the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located. The principal building shall have two (2) side yards and no rear yard.
B. Visibility at Intersections
On a corner lot at the intersection of two (2) alleys, or at the intersection of an alley and a street within any district, nothing shall be installed, erected, placed, planted, or allowed to grow in such manner as to impede vision materially between a height of two and a half feet (2 ½') and ten feet (10') above the center line grades of the intersecting alleys or of the intersecting alley and street in the area bounded by the right-of-way lines of such corner lots and a line joining points along said alley lines, or alley and street lines fifty feet (50') from the point of intersection.
C. Yard Requirements for Multiple-Family Dwellings
Group or multiple-family dwellings shall be considered as one (1) building for the purpose of determining front, side, and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear, and two (2) side yards as specified for dwellings in the appropriate district. Each individual building shall meet all yard requirements for the appropriate district as though it were on an individual lot.
D. (EDITOR’S NOTE: Former subsection D. was repealed by Ordinance 2000-53, passed June 20, 2000.)
E. Exceptions to Height Regulations
1. The height limitations contained in Chapters 1151 through 1167 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
2. No structure shall be constructed in excess of the height that can be safely protected by all available fire fighting equipment except where in-structure fire protection is provided.
1173.09 ARCHITECTURAL PROJECTIONS.
A. Open structures such as porches, canopies, balconies, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached, and shall not project into the required minimum front, side, or rear yard, unless otherwise permitted in the Zoning Ordinance.
B. Decks, platforms, and patios, essentially open to the sky, shall not project into the required minimum front or side yard, but may extend to 10 feet from the rear lot line.
(Ord. 2001-94. Passed 10-2-01.)
1173.010 CONSTRUCTION IN EASEMENTS.
Easements for installation, operation, and maintenance of utilities and drainage facilities are reserved as shown on each plat when recorded or otherwise established. Within these easements, no permanent building or structure shall be placed or permitted which may damage or interfere with the installation, operation, and maintenance of such utilities, or which may change the normal direction of flow or drainage channels within the easement. The easement area of each lot and any improvements within it, shall be maintained continuously by the owner of the lot, except for those improvements for which public authority or a utility is responsible.
1173.011 CONSTRUCTION ON EMBANKMENTS.
Where a fence or wall is constructed on an embankment or where the ground under a fence has been graded to a higher level than the surrounding ground, the permissible height of the fence, as set forth in Section 1173.015, shall be reduced by the height of the embankment or grading.
1173.012 SETBACK FROM PUBLICLY ESTABLISHED DRAINAGE DITCHES.
In all districts a setback of twenty feet (20') from the top of the bank, measured at right angles thereto, shall be provided for all buildings or structures erected along such ditch. Wherever practical, the area so used shall be on one (1) side of the ditch only; however, this dimension may be increased by the Planning Commission if the circumstances indicate that the equipment to maintain such drainage course would require a greater width in which to operate (ORC 6137.12).
1173.013 PARKING AND STORAGE OF VEHICLES AND TRAILERS.
A. No commercial vehicle with a net capacity rating in excess of two and one half (2-1/2) tons, including commercial tractors, automobiles, trucks, buses, house trailers, or semi-trailers, shall be parked or stored on any property within a residential zoning district other than in a completely enclosed building. Those commercial vehicles conveying the necessary tools, materials, and equipment to a premises where labor using such tools, materials, and equipment is to be performed during the actual time of parking are exempt.
(Ord. 99-45. Passed 7-13-99.)
B. Automotive vehicles or trailers of any type without current license plates shall be parked or stored on any residential property in a completely enclosed building. A maximum of one (1) boat and/or one (1) unoccupied recreational vehicle may be stored in the rear yard or side yard of any residentially zoned property if it has a current license, meets the requirements for accessory structures and is screened according to the requirements of this Ordinance.
(Ord. 2001-72. Passed 9-4-01.)
1173.014 LONG-TERM PARKING FACILITIES FOR ALL TYPES OF VEHICLES.
In addition to complying with all other provisions of this Ordinance, the applicant shall comply with the following conditions, whether or not the long-term parking facility is an accessory use or primary use of a lot:
A. That no boundary of the proposed parking area is within fifty feet (50') of a residential district boundary.
B. That the proposed parking area will not prevent access to adjacent properties by fire safety equipment.
C. That the proposed parking area will be screened in such a manner that the vehicles thereon parked will not be visible from the ground level of any adjacent residential properties.
D. That fencing and lighting of the facility will be sufficient to provide for its reasonable security.
E. That no service work, maintenance work, repair work, painting work, or other vehicular work shall take place on the premises.
1173.015 SCREENING FOR NON-RESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Screening or buffering in compliance with the provisions of this Section shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential district, in addition to setback and yard requirements provided elsewhere in this Ordinance. Applicants for a Zoning Permit may request a variance from yard or setback requirements in conjunction with a plan for screening, which the Board of Zoning Appeals may consider by weighing the relationship of the proposed screening plan and the requested dimensional variance with respect to their joint impact upon neighboring properties. Such requested variance for a conditionally permitted use shall be incorporated in the conditional use procedure. The following provisions shall apply with respect to screening:
A, Screening shall be provided for one or more of the following purposes:
1. A visual barrier to partially or completely obstruct the view of structures or activities.
2. An acoustic screen to aid in absorbing or deflecting noise.
3. A physical barrier to contain debris and litter.
B. Screening may consist of one (1) of the following or a combination of two (2) or more as determined by the Zoning Inspector or Board of Zoning Appeals in the event of an appeal or variance and by the Planning Commission in the event of a conditional use:
1. A solid masonry wall.
2. A solidly constructed decorative fence.
3. A louvered fence.
4. A dense vegetative planting.
5. A landscaped mounding.
C. Height of screening shall be in accordance with the following:
1. Visual screening walls, fences, plantings, or mounds shall be a minimum of five and one-half (5 ½) feet high in order to accomplish the desired screening effect, except in required front yards where maximum height shall be not greater than two and one-half (2 ½) feet. Plantings shall be a minimum of four feet (4') in height at the time of planting.
2. A dense vegetative planting with a minimum height of four feet (4') at planting and a mature height of at least five and one-half feet (5 ½’) or greater or a solidly constructed decorative fence shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent land zoned for residential uses, except for the portion of such boundary located within a required front yard.
D. Screening for purposes of absorbing or deflecting noise shall have a depth of at least fifteen feet (15') of dense planting or a solid masonry wall in combination with decorative plantings. The height shall be adequate to absorb noise as determined by the Zoning Inspector in relation to the nature of the use.
E. Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts, or curbing to avoid damage by vehicles.
F. All screening shall be trimmed, maintained in good condition, and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
(Ord. 99-45. Passed 7-13-99.)
1173.016 FENCES AND WALLS.
A. Fences and walls shall be allowed in any zoning district only in accordance with this Section. No person shall erect, install or maintain a wall in violation of the provisions of this Section.
B. The following types of fences are permitted:
1. Solid Fences: board on board or alternating board on board fences, solid picket fences, stockade or palisade fences, brick or stone wall fences, or living plant fences.
2. Open Fences: chain link fences, bollard and chain fences, open picket fences, smooth rail fences, split rail fences, contemporary rail fences or wrought iron fences.
3. Barbed Wire Fences: fences comprised of or incorporating barbed wire, razor wire or concertina wire.
C. The various types of fences are permitted only in the following zoning districts:
1. Solid fences and walls are permitted in all zoning districts.
2. Open fences are permitted in all zoning districts.
3. Barbed wire fences are permitted in the M-1 and M-2 zoning districts.
D. The following general requirements apply to fences and walls:
1. The height of a fence or wall shall be measured from the established grade line to the highest point of the fence or wall including posts and finials.
2. The height of a fence or wall may not be artificially increased by the use of mounding.
3. Front yard fences and walls between the street right-of-way line and the building setback line shall not exceed thirty inches (30") in height.
4. Side yard and rear yard fences and walls shall not exceed seventy-two inches (72") in height.
5. Supporting members for fences and walls shall be installed so as not to be visible from any other property which adjoins or faces the fence or wall being installed, except where the supporting members are identical in appearance on both sides of the fence or wall.
6. A fence or wall shall not be installed or constructed so as to adversely affect the vision of motor vehicle operators on public streets or emerging from alleys, streets or driveways intersecting public streets. No fence or wall shall be installed or constructed in the area between the paved street and the sidewalk.
7. Barbed wire fences shall be comprised of barbed wire, razor wire or concertina wire strung not more than twelve inches (12") above a permitted fence.
E. Fences and walls may be installed or constructed up to the property line. It is the responsibility of the property owner installing or constructing the fence or wall to determine the location of the property line and to insure that the fence or wall so installed or constructed does not encroach upon the adjoining property, lot or right- of-way.
F. No persons shall install or construct a fence or wall without first obtaining a permit therefor from the City Zoning Office.
G. Maintenance: Fences shall be kept in proper repair and maintained so as not to create conditions which endanger the health, comfort or safety of the public.
H. Any person denied a permit under this section or otherwise aggrieved by an action of the Zoning Officer may file an appeal in accordance with Chapter 1137 of the Codified Ordinances.
I. Any person who violates this section shall be guilty of a minor misdemeanor and shall further be subject to the enforcement provisions of the Zoning Ordinance. (Ord. 2016-025. Passed 5-3-16.)
1173.017 SHRUBBERY AND HEDGES.
No shrubbery or hedge shall be planted beyond the property lines. The owner or occupant of realty on which there is shrubbery, hedges, or trees so located as to affect the vision of drivers on the public streets shall keep shrubbery and hedges trimmed to a maximum of thirty inches (30") in height and keep trees trimmed in order to avoid creating traffic hazards.
1173.018 PENALTY.
If any provision of Sections 1173.015 and 1173.016 is violated, the Zoning Inspector may order that the fence, wall, or hedge be removed. If the fence, wall, or hedge is not removed within ten (10) days of the order, the owner shall be fined ten dollars ($10) for each day the violation exists. Where trimming is not done within ten (10) days after notice by the Zoning Inspector, the employees of the City may enter upon the property and trim the shrubbery, hedges, or trees at the expense of the property owner. Any shrub, hedge, or tree found to be located upon public property may be removed by the City at any time.
1173.019 ADULT BUSINESSES.
In addition to complying with all regulations within the district where they are located, all adult entertainment business shall comply with the following criteria:
A. No adult entertainment business shall be permitted in a location which is within one thousand five hundred feet (1,500') of another adult entertainment business.
(Ord. 99-45. Passed 7-13-99.)
B. No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000') of any church, any public or private school, any public library, any park, any playground, or any social services facility or neighborhood center.
(Ord. 2001-73. Passed 9-4-01.)
C. No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000') of any residence or boundary of any residential district.
D. No adult entertainment business shall be permitted in a location which is within one thousand feet (1,000') of any boundary of any residential district in a local unit of government abutting the City.
(Ord. 99-45. Passed 7-13-99.)
1173.020 ADULT GROUP RESIDENTIAL FACILITIES.
In addition to all other applicable provisions of this Ordinance, Adult Group Residential Facilities shall comply with the following criteria.
A. Evidence is presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency.
B. Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy.
C. No such facility may be located within six hundred feet (600') of another such facility.
D. The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
E. Such facility shall be reasonably accessible by virtue of its location or transportation provided by the applicant to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
F. The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
G. The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
1173.021 AMUSEMENT ARCADES.
Amusement arcade shall comply with the following in addition to all other regulations that apply in this Ordinance and Chapter 705 in the Codified Ordinance of the City of Norwalk:
A. An adult who is eighteen (18) years of age or over shall supervise the amusement arcade at all times during its hours of operation.
B. It shall be the obligation of the exhibitor of an amusement arcade to maintain peace and quiet and order in and about the premises. Failure to do so shall constitute a nuisance.
C. Coin operated amusement machines shall be placed at least two feet (2') apart and have four feet (4') of free space in front of the machine separate and apart from walking aisles.
D. The applicant shall provide evidence that the structure meets the minimum requirements of the appropriate electrical and fire codes.
E. If the place of business or premises for which an amusement arcade is proposed is a free-standing building, an exterior lighting plan must be approved by the Board of Zoning Appeals.
F. In establishments which serve alcoholic beverages, any area containing amusement devices shall be visually separated from that portion or portions of the establishment wherein alcoholic beverages are served or sold for carrying out of the premises.
G. No amusement arcade may be established, operated, or maintained in any place of business or on any premises which is within five hundred feet (500') of any adult entertainment business or within one thousand feet (1,000') of a school.
H. The applicant shall be required to file a copy of a license to operate and exhibit amusement devices and a notarized statement that the applicant shall not permit any school-aged person sixteen (16) years of age or younger to operate any devices on the premises between the hours of 8:00 p.m. and 6:00 a.m., unless accompanied by a parent or legal guardian.
1173.022 CHILD CARE.
Home-operated child care with attendance at any given time of six (6) or less is allowed in any residential district. No zoning permit is required for this type of child care.
Home-operated child care with between seven (7) and twelve (12) children in attendance at any given time may also be allowed in R-2 and R-3 Districts as a conditional use. The petitioner shall be required to obtain a zoning permit by proving that he or she has complied with all applicable state laws, and copies of the state permits shall be filed with the Zoning Inspector. The zoning permit will expire on a yearly basis. The zoning permit shall be renewed by the Zoning Inspector with proof that the petitioner has complied with all applicable state laws governing child care centers.
(Ord. 2001-74. Passed 9-4-01.)
A. Child Care Centers With More Than Twelve (12) Children in Attendance
Child care centers with an average daily attendance of more than twelve (12) children are subject to the following regulations:
1. The petitioner obtains all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
2. Provisions are made for off-street parking and loading facilities and such fencing, screening, and landscaping as required to prevent undue detriment to the area.
B. Review of Child Care Centers
Review of a child care center shall include, but is not limited to:
1. Proof of all necessary state licenses or certifications required for providing day care for infants, pre-school, and/or school age children.
2. Location of the site and the site size and configuration relative to development of the adjoining area and the effect of activities on the site of the adjacent property.
3. Submission of a site plan in accordance with Section 1175.
4. Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
5. Compliance with all laws, Ordinances, and regulations pertaining thereto.
In order to operate a child care center, the petitioner must apply for a child care center permit with an application fee adopted by resolution by the City Council. The application will be reviewed by the Zoning Inspector who has the power to grant or deny the permit. If the Zoning Inspector denies the permit, the petitioner may appeal to the Board of Zoning Appeals for reconsideration of issuance of the permit.
1173.023 FIRE HAZARDS.
Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
1173.024 YARD SALE, REGISTRATION AND PERMIT REQUIRED.
Yard sales as hereinafter defined are permitted in any residential district and are subject to the following conditions:
A. Upon registration, the yard sale shall only be permitted at the one (1) location for a period not to exceed four (4) consecutive days. No person shall conduct a yard sale without first obtaining a permit from the Office of the Safety/Service Director.
B. Not more than four (4) such yard sales at the same location will be permitted in any one (1) calendar year and there shall be a period of at least thirty (30) days between the effective dates of each permit.
C. Such yard sales are permitted between the hours of 8:00 a.m. and 9:00 p.m.
D. No signs may be posted except on private property advising the public of such sale, and all signs must be removed within twenty-four (24) hours after the termination of the sale.
E. A legally permitted yard sale is limited to one sign, not greater than four square feet (4 sf) in size and which is located on the sale premises for a time period of four (4) consecutive days. Such signs shall not be located in a public right-of-way. Yard sale signs conforming to the above requirements do not require a sign permit.
F. All items displayed for sale must be displayed on the premises at the location stated on the registration permit form.
G. For the purposes of this section, “yard sale” means the offering for sale of miscellaneous items of personal property at a residence where the sale is incidental to the primary use of the premises as a residence and is not conducted as or incidental to a business. “Yard sale” includes “porch sale”, “garage sale”, “tent sale” and any similar sale.
(Ord. 2010-023. Passed 7-13-10.)
1173.025 HOME OCCUPATIONS.
Home Occupations shall require a permit and shall comply with all of the following regulations: (Ord. 99-45. Passed 7-13-99.)
A. There shall be no more than one (1) non-residential employee or volunteer to be engaged in the proposed use.
(Ord. 2001-75. Passed 9-4-01.)
B. Sales of commodities not produced on the premises may be permitted, provided that the commodities are specified in the application and are reasonably related to the home occupation.
C. The home occupation may be permitted to be conducted in a structure accessory to the residence, provided the application so specifies.
D. Outside storage related to the home occupation may be permitted if totally screened from adjacent residential lots, provided the application so specifies.
E. Not more than thirty percent (30%) of the gross floor area of any residence shall be devoted to the proposed home occupation.
F. The external appearance of the structure in which the use is to be conducted shall not be altered and not more than one (1) sign no larger than two square feet (2 sf.) shall be mounted flush to the wall of the structure.
G. Minor or moderate alterations (non-structural) may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction.
H. No equipment, process, materials, or chemicals shall be used which create offensive noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
I. No more than two (2) additional parking places which shall not be located in a required front yard may be proposed in conjunction with the home occupation.
J. The home occupation permit shall expire in the event of change of ownership of the property at the location for which it was issued or any change in location of the original home occupation.
(Ord. 99-45. Passed 7-13-99.)
1173.026 JUNK.
A. The accumulation or storage of junk, junk motor vehicles (as defined under ORC 4513.65), disabled or inoperative machinery or equipment, vehicles or machinery parts, rags, or any other discarded objects or debris defined as junk in this Ordinance shall be prohibited, outside of an approved junk yard, in order to protect residents from conditions conducive to the infestation and breeding of vermin, insects, and rodents.
B. No person shall permit litter or junk to accumulate on land owned or occupied to the extent that it blows or spills over onto the property of another.
C. Uncontrolled accumulation of litter is a nuisance and is subject to abatement by the City or owners of surrounding land.
D. Upon repeated violations of this Section, the Zoning Inspector may require the violator to erect a fence or landscaping designed to contain litter.
1173.027 NOISE.
No person shall operate or use any machine, equipment, or mechanical device on a lot except for agricultural purposes so as to create any noise which would cause the noise level, measured at the lot line of the lot affected by the noise emission, to exceed the applicable fixed noise level set forth in this Section or in Section 509.08 of the Codified Ordinances of the City of Norwalk. If the measurement location is on a boundary between two (2) zoning districts, the lower noise level shall apply. (Ord. 99-45. Passed 7-13-99.)
A. Noise limits shall not exceed the following:
Zoning District | Time Period | Sound Level (dbA) |
R-1, R-2, R-3, MHP | 9:00 p.m. - 8:00 a.m. 8:00 a.m. - 9:00 p.m. | 55 70 |
B-1, B-2, B-3, B-4 | 9:00 p.m. - 8:00 a.m. 8:00 a.m. - 9:00 p.m. | 65 75 |
M1, M-2, MB | Any time | 70 |
(Ord. 2001-70. Passed 9-4-01.)
B. Provisions of Section 1173.027 shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 75 dbA when measured at the lot line of the lot on which it is located.
(Ord. 99-45. Passed 7-13-99.)
1173.028 OBJECTIONABLE, NOXIOUS, OR DANGEROUS USES, PRACTICES, OR CONDITIONS.
No land or building in any district shall be occupied or used in any manner creating which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises; except that any use permitted by this Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this Section, are properly exercised. Specifically, the occupation or use of land or building in any district shall be in violation of this Ordinance if one (1) or more of the following conditions are found to exist at any time:
A. The use or storage of flammable or explosive materials if not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities.
B. Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved.
C. Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency.
D. Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency.
E. Vibration discernible by the Zoning Inspector without instruments is present on adjoining lot or property.
F. Direct or reflected glare is present which is visible from any street or from any property not within a manufacturing district.
G. Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property.
H. Water pollution or contamination is present in violation of the regulation of the Ohio Environmental Protection Agency.
I. Activity emitting electrical current or radio wave which adversely affects the operation of any equipment other than that of the operator.
1173.029 REQUIRED REFUSE COLLECTION AREAS.
The refuse collection areas provided by all commercial, industrial, and multi-family residential uses for the collection of trash, garbage, and other refuse, shall be enclosed on three (3) sides by a solid wall or fence standing at least two feet (2') greater than the height of any closed container therein, unless within an enclosed building or structure. Provisions shall be made for regular and adequate vehicular access to such areas for collection purposes, as determined necessary by the Zoning Inspector. In addition, the following requirements shall be met:
A. The storage of hazardous or toxic materials or wastes shall not be permitted without documented approval of the Ohio Environmental Protection Agency.
B. Materials or wastes which might cause fumes or dust or otherwise constitute a fire hazard or which may attract rodents or insects shall be stored only in closed containers constructed of impervious materials.
C. Storage areas in residential districts shall utilize such additional screening as required in this Ordinance.
D. Trash containers shall have secured lids.
(Ord. 2002-36. Passed 5-14-02.)
1173.030 SATELLITE DISH ANTENNAS.
A. Ground-Mounted Satellite Dish Antennas
Ground-mounted satellite dish antennas are considered as accessory structures and are permitted as accessory uses in all districts. However, the applicant shall be required to obtain a permit from the Zoning Inspector before constructing a ground mounted satellite dish or any accompanying structures. In addition to the provisions of this Ordinance pertaining to accessory structures, the following provisions shall apply to ground-mounted satellite dishes:
1. The maximum diameter of any ground-mounted satellite dish shall not exceed twelve feet (12').
2. The maximum height of any ground-mounted satellite dish shall not exceed fifteen feet (15') above the finished grade.
(Ord. 99-45. Passed 7-13-99.)
3. The apparatus shall not be located in a front yard.
(Ord. 2001-76. Passed 9-4-01.)
4. Any driving motor shall be limited to one hundred ten (110) volt maximum power and shall be encased in a protective guard.
5. All wiring between the apparatus and any other structure shall be placed underground in approved conduit.
6. All wiring and grounding of the apparatus shall be in accordance with the National Electrical Code.
7. The apparatus shall be bonded to an approved eight foot (8') grounding rod.
B. Roof-Mounted Satellite Dish Antennas
Roof-mounted satellite dish antennas are considered as accessory structures, and are permitted as accessory uses in all districts. In addition to the provisions of this Ordinance pertaining to accessory structures, the following provisions shall apply to roof-mounted satellite dishes:
1. The maximum diameter of any roof-mounted satellite dish shall not exceed threefeet (3').
2. The height of any roof-mounted satellite dish shall not exceed the roof height of the building upon which it is mounted by more than four feet (4').
3. All wiring and grounding of the apparatus shall be in accordance with the National Electrical Code.
4. The apparatus, its mounting, and all supporting devices shall be constructed and erected in accordance with Sections 614.0 and 615.0 of the BOCA Basic Building Code, directly upon the roof of the principal building, and shall not be mounted upon a spire, tower, turret, chimney, pole, or any appurtenances thereto attached.
5. The satellite dish apparatus shall be so designed and installed as to withstand wind forces up to seventy-five (75) miles per hour.
1173.031 SIDEWALKS.
Chapter 905 of the Codified Ordinances of the City of Norwalk shall apply to all districts within the Zoning Ordinance for the City of Norwalk.
1173.032 SWIMMING POOLS.
A. Private Swimming Pools
No private swimming pool (“pool”), exclusive of portable swimming pools with a diameter less than twelve feet (12') or with an area of less than one hundred square feet (100 sf.), shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
1. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
2. A pool may not be located closer than ten feet (10') to any property line, except in an R-1 District where that minimum distance shall be six feet (6'). That distance shall be measured from the water’s edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
3. Elevated decks for above-ground pools shall not be located closer than ten feet (10') to the property line.
4. The swimming pool or the entire property behind the front building on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties, unless sides of the pool are four feet (4') in height or more above grade. The fence or wall shall not be less than six feet (6') in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock. Those above ground pools higher than four feet (4') from the base of the pool wall upward shall be secured by a locked entrance.
5. Before construction commences, the petitioner shall obtain a zoning permit under Chapter 1133, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
6. Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Board of Zoning Appeals.
B. Community or Club Swimming Pools
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities and shall comply with the following conditions and requirements:
1. The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
2. The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than fifty feet (50') to any property line.
3. The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet (6') in height and maintained in good condition.
4. Before construction commences, the petitioner shall obtain a Zoning Permit under Chapter 1133, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
1173.033 ASSURANCE REQUIREMENTS AND PLANS.
Prior to the issuance of a Zoning Permit, the Zoning Inspector may require the submission of written assurances and plans indicating the manner in which dangerous and objectionable aspects or elements of processes, operations entailed in certain uses, or occupations are to be eliminated or reduced to acceptable limits and tolerances.
1173.034 PUBLIC UTILITY USES.
The following regulations shall supplement the regulations for the construction and installation of public or private-public utilities. Where a more restrictive or more specific regulation appears elsewhere in the Planning and Zoning Code, such regulation shall apply:
A. Transmission lines or pipes designed primary for service to individual consumer’s shall be a permitted use in all zones.
B. Buildings and accessory structures designed primarily for facilitating service to individual consumers, (i.e., transfer stations, metering stations, pump stations) shall be a conditional use in R-1, R-2, R-3, MHP and PUD, PRO, B-1, B-2, B-3 and B-4 Zoning Districts and shall be a permitted use in all other zones.
C. Generation, storage or like facilities shall be conditional uses in MB, M-1 and M-2 Zoning Districts and prohibited in any other zones.
(Ord. 2004-038. Passed 8-3-04.)
1173.035 SKILL-BASED AMUSEMENT MACHINE BUSINESSES.
In addition to complying with all regulations within the district where they are located, all skill-based amusement machine businesses shall comply with the following criteria:
A. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of another skill-based amusement machine business.
B. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of any church, any public or private school, any public library, any park, any playground, or any social services facility or neighborhood center.
C. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of any residence or boundary of any residential district.
D. No skill-based amusement machine business shall be permitted in a location which is within three hundred feet (300') of any boundary of any residential district in a local unit of government abutting the City.
E. No skill-based amusement machine business shall permit any person under the age of eighteen (18) years to be present upon the business premises.
(Ord. 10-006. Passed 3-16-10.)
1173.036 LANDSCAPED MOUNDING.
Landscaped mounding consists of the use of earthen or earthen and other materials mounds placed upon a property. Landscaped mounding may be utilized for aesthetic, buffering, or screening purposes. Landscaped mounding in all districts is subject to this Section.
A. Landscaped mounding used for the purpose of screening or buffering a non-residential use from an abutting residential district shall comply with the requirements for screening set forth in Section 1173.015.
B. Landscaped mounding used for the purposes other than that described in subsection A and placed along the property line between two or more properties shall be considered a fence and shall comply with the requirements for fences and walls set forth in Section 1173.016.
1. Any landscaped mounding placed in the front yard of a property shall also comply with the requirements for fences and walls set forth in Section 1173.016.
C. Landscaped mounding shall not exceed seventy-two inches (72") in height. Landscaped mounding shall be constructed having a slope not greater than 3:1 (one foot of rise for each three feet of run); with a minimum crown width of at least two (2) feet to create a generally flat crest.
D. All landscaped mounding shall be planted and maintained with appropriate ground cover vegetation so as to prevent the flow of earth, mud, debris, or ground water from the mounding onto any adjoining property or road right-of-way.
1. No landscaped mounding shall interfere with the drainage of, or cause ponding to occur on, any adjoining property or road right-of-way.
F. No landscaped mounding shall be placed in the area between the edge of a street pavement or a street right-of-way line and the adjoining sidewalk. No landscaped mounding shall be placed so as to adversely affect the vision of motor vehicle operators on public streets or emerging from alleys, streets, or driveways intersecting public streets.
(Ord. 2021-015. Passed 4-6-21.)