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Codified Ordinances of Ontario, OH
Codified Ordinances of Ontario, Ohio
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Subdivision Regulations
TITLE FIVE - Zoning Ordinance
CHAPTER 1131 Title and Citations; Purpose
CHAPTER 1133 Construction of Language; Definitions
CHAPTER 1135 Zoning Districts and Map
CHAPTER 1137 Standard Zoning Districts
CHAPTER 1138 PUD Planned Unit Development
CHAPTER 1139 Overlay Zoning Districts
CHAPTER 1140 Campus District Corridor Overlay (Repealed)
CHAPTER 1141 Schedule of Standard District Regulations
CHAPTER 1143 Conditionally Permitted Use Standards
CHAPTER 1145 General Provisions
1145.01 ACCESSORY BUILDINGS, PORCHES, PATIOS AND USES.
1145.02 CALCULATION OF OPEN SPACE.
1145.03 CONFLICTING REGULATIONS.
1145.04 CORNER CLEARANCE.
1145.05 CORNER LOTS.
1145.06 DEVELOPMENT.
1145.07 DRIVEWAYS.
1145.08 EXCLUSIONARY NATURE OF ZONING ORDINANCE.
1145.09 EXTERIOR LIGHTING.
1145.10 FAMILY SWIMMING POOL.
1145.11 FENCES AND WALLS.
1145.12 GREENBELTS.
1145.13 JUNK VEHICLES AND MATERIALS PROHIBITED.
1145.14 MANUFACTURED HOMES.
1145.15 MINIMUM LOT WIDTH REQUIREMENT.
1145.16 NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES.
1145.17 NOTIFICATION REQUIRED ON CHANGES MADE TO BUILDINGS OR STRUCTURES.
1145.18 OFF-STREET PARKING REQUIREMENTS.
1145.19 OFF-STREET PARKING SPACE LAYOUT, CONSTRUCTION AND MAINTENANCE STANDARDS.
1145.20 OFF-STREET LOADING AND UNLOADING.
1145.21 PRINCIPAL BUILDING.
1145.22 PROHIBITED USES.
1145.23 PUBLIC ACCESS.
1145.24 PUBLIC NUISANCES.
1145.25 SCREENING REQUIREMENTS.
1145.26 SEWER AND WATER CONNECTIONS.
1145.27 SIGN REGULATIONS. (REPEALED)
1145.28 SITE PLAN REVIEW.
1145.29 STORM WATER MANAGEMENT REQUIREMENTS.
1145.30 TEMPORARY BUILDINGS.
1145.31 TEMPORARY USES.
1145.32 TRAFFIC IMPACT ANALYSIS.
1145.33 REGULATION OF RADIO, MICROWAVE TOWER AND TELECOMMUNICATIONS EQUIPMENT SITING.
1145.34 WETLANDS.
1145.35 ZONING OF ANNEXED AREAS.
1145.36 ADDITIONAL CONDITIONS FOR SITE PLAN, CONDITIONAL ZONING PERMIT AND ZONING PERMIT APPROVAL.
1145.37 SEXUALLY ORIENTED BUSINESSES.
1145.38 CONCESSION STANDS.
1145.39 HOURS OF CONSTRUCTION.
1145.40 ELECTRIC VEHICLE CHARGING STATIONS.
CHAPTER 1146 Signs
CHAPTER 1147 General Exceptions
CHAPTER 1149 Administration and Enforcement
CHAPTER 1151 Planning Commission
CHAPTER 1153 Reserved
CHAPTER 1155 Relationship to Other Legislation
CHAPTER 1157 Vested Right
CHAPTER 1159 Enforcement, Penalties and Additional Remedies
APPENDIX A Target Compound List
APPENDIX B Zoning Application Forms
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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   1145.09 EXTERIOR LIGHTING.
   General Purpose. This regulation of exterior lighting applies to both permanently installed exterior light fixtures and temporary installation of lighting for whatever purpose and is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misarranged light fixtures that produce direct glare or light trespass, and is necessary to improve or maintain nighttime public safety, utility and security.
   (a)    All lighting fixtures for parking areas or the external illumination of buildings or ground shall:
      (1)    Be directed away from and shielded from adjacent residential properties or residential zoning districts.
      (2)    Be arranged so as not to adversely affect driver visibility on adjacent streets.
      (3)    Wall-mounted lights shall be fully shielded luminaries such as shoebox or can style fixtures.
   (b)    All lighting fixtures designed or placed so as illuminate any portion of a lot shall meet the following requirements:
      (1)    The light source shall be completely concealed within an opaque housing and shall not be visible from any street.
      (2)    Only incandescent, fluorescent, metal halide, LED, or color corrected high- pressure sodium or approved equal may be used. The same type must be used for the same or similar types of lighting on any one site or planned unit development.
      (3)    Fixtures must be directed downward. Up-lighting is prohibited, except for accent lighting for buildings, signs and flag poles.
      (4)    When a commercial, industrial or institutional use abuts a residential use or district, all parking lot light fixtures not necessary for security or emergency purposes shall be equipped with automatic timers or turned off during nonoperating hours.
      (5)    For the purposes of this subsection, lighting "necessary for security or emergency purposes” shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas.
      (6)    No flashing, blinking, laser or moving lights shall be permitted.
      (7)    Electrical service to the light fixtures shall be placed underground.
      (8)    Outdoor lighting shall be designed to present a uniform color temperature on a site, building or development.
   (c)    A lighting plan is required for all uses that are required to file a development plan. The lighting plan shall demonstrate compliance with the standards of this se ction and shall include the following:
      (1)    Show the location of all exterior light fixtures.
      (2)    Specifications and drawings or photographs for all exterior light fixture types, poles and appurtenant construction.
      (3)    Lamp wattage/lumens for all luminaries.
      (4)    Cut sheets for all proposed exterior light fixtures and poles.
      (5)    A photometric plan illustrating the levels of illumination at ground level shall account for all light sources that impact the subject site, including light trespass from and to neighboring properties.
   (d)    Automobile-oriented uses such as gasoline stations, automotive service stations and drive-through facilities located within 500 feet of a residential use or district, shall install recessed ceiling fixtures in any canopy. The maximum light intensity allowed measured at 3.5 feet above grade under the canopy shall be 35 foot- candles.
   (e)    Maximum Height Requirements.
      (1)    The total height of exterior light fixtures shall not exceed the following maximum heights measured from the natural grade.
 
District
Maximum Height
All Residential Districts
20 feet
Office and Business District
28 feet
Industrial Districts
30 feet
      (2)    All outdoor recreational/sports facilities must be approved by the City Planning Commission with the following standards.
         A.    The mounting height of outdoor recreational/sports facilities lighting fixtures shall not exceed eighty (80) feet from finished grade unless approved by the Planning Commission if there are no adverse effects on surrounding properties.
         B.    All outdoor recreational/sports facilities lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices).
         C.    The fixtures must be aimed so that their beams are directed and fall within the primary playing field or performance area so that no direct light illuminations are directed off site.
         D.    Light trespass values shall not exceed 0.2 foot-candle (FC) horizontal levels at 150 feet beyond the field/performance area boundary or at Residential property lines, whichever is closer.
         E.    A photometric plan illustrating the levels of illumination at ground level shall account for all light sources that impact the subject site, including light trespass from and to neighboring properties.
         F.    No outdoor recreational/sports facilities shall be illuminated after 11:00 p.m.
         G.    Lighting for all recreational/sports facilities shall be on a case by case basis.
         H.    Other requirements determined to be necessary by the Planning Commission.
   (f)    Light Pollution Standards. Artificially produced light that strays beyond property lines shall be considered a public nuisance when intensity levels exceed the maximum illumination levels at or beyond five (5) feet into the adjoining property as listed in chart below.
 
Receiving Area Use
Maximum Horizontal
(foot-candles) at Grade
Beyond Property Line
Maximum Vertical
(foot-candles) at the
Structure Height
Residential
0.2
0.8
Office and Business
0.5
2.0
Industrial
0.5
2.0
NOTE: When two differing area uses abut, the lower light level value shall take precedence
along the common property line.                     
   (g)   Where a fence exists that meets current Code (1145.11) within the City, that the foot candle reading be taken from fence height both horizontal and vertical measurements starting at five feet (5') from property line into adjoining property.
   (h)    Location.
      (1)   When the abutting district is an R-1 through R-3 or OS district, the distance between the structure supporting the luminaire and the property line of such zoning district shall not be less than the distance between the top of the light source and the ground below the structure or building to which the luminaire is attached.
      (2)   The layout of lighting shall be designed so that poles do not interfere with other elements of the approved site such as trees, landscaping, and parking.
   (i)    Exemptions.
      (1)   Holiday lighting
      (2)   Nothing in this Section shall apply to lighting required by the FAA or any other federal regulatory authority.
      (3)   Temporary construction or emergency lighting is exempt from the requirements of this Section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
      (4)   Government facility lighting necessary for public safety
       (5)   Temporary lighting used for special events organized by the City of Ontario
      (6)   Other temporary lighting determined to be reasonable and appropriate by the Zoning Inspector.
         (Ord. 22-26. Passed 4-20-22.)
   1145.10 FAMILY SWIMMING POOL.
   (a)    Portable swimming pools shall be considered to be a conforming use within any residential district or any residentially used property and no zoning permit shall be required.
   (b)   Non-portable swimming pools may be allowed as an accessory use in any residential district or for any residential use provided the following conditions shall be met:
      (1)   A Zoning Permit has been issued by the Zoning Inspector.
      (2)   A Pool Permit has been issued by the Richland County Building and Codes Department.
      (3)   The pool, including any decks, walkways, or accessory uses adjacent thereto, shall only be located in the rear yard and shall be located at least ten feet from all property lines.
      (4)   The pool shall be completely enclosed by a fence not less than four feet high nor more than six feet high equipped with one or more lockable gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate and made inaccessible to small children. Above ground pools with a sidewall height of at least four feet from ground level and that have a ladder or other entry system that can be removed or secured in a manner that prohibits unauthorized access may not require the above mentioned fence if plans are approved by the Zoning Inspector.
      (5)   Two or more means of egress in the form of steps and/or ladders shall be provided for all private residential swimming pools.
      (6)   The depth shall be clearly indicated on the surface of the pool.
      (7)   Lighting shall be so arranged and shaded so as to reflect the core of the light away from adjoining lot lines and street right-of-way lines.
      (8)   A commercial undertaking involving the retail sale of food, drinks, or other merchandise shall be prohibited.
      (9)   The pool is intended and used solely for the enjoyment of the occupants and guests of the owners of the property on which it is located.
      (10)   Any pool which stands empty of water or in disrepair for more than one year shall be filled in or removed.
         (Ord. 20-35. Passed 12-2-20.)
   1145.11 FENCES AND WALLS.
   Fences and walls are subject to the following regulations:
   (a)   Fences and walls on all lots of record in all R Residential Districts which enclose property shall not exceed six feet (6’) in height, measured from the surface of the ground, and shall not extend beyond the required minimum front yard setback line.
   (b)   Fences and walls in all R Residential Districts, on recorded lots having a lot area in excess of 20,000 square feet and a frontage of at least one hundred feet (100’), or acreage not included within the boundaries of a recorded plat, are excluded from these regulations.
   (c)   Permanent fences and walls on lots of record shall not contain barb wire, electric current or charge of electricity.
   (d)   Fences and walls enclosing public institutions, public uses, parks, playgrounds or public landscaped areas, shall not exceed eight feet (8’) in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than fifty percent (50%) of their total area.
   (e)   All fences and walls shall comply with the building code of Richland County as it applies to fence and wall installation and materials.
      (Ord. 01-50. Passed 12-6-01.)
   (f)   The construction and use of electric security fences shall be allowed in the City only as provided in this subsection and subject to the following standards.
      (1)   IEC Standard 60335-2-76. Unless otherwise specified herein, electric security fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
      (2)   Electrification.
         A.   The energizer for electric security fences must be driven by a commercial storage battery not to exceed 12 volts DC.
         B.   The electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76.
      (3)   Conditions for Installation and Use.
         A.   No electric security fence shall be installed or used unless a permit has been applied for and obtained from the Zoning Inspector.
         B.   No electric security fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six (6) feet high.
         C.   Electric security fences shall be permitted only in industrial zones and not on any property located in an industrial zone used primarily as a residence.
         D.   Electric security fences shall not have a height in excess of three feet (3') higher than nor be closer than eight inches (8") to the non- electric perimeter fence.
         E.   Electric security fences shall be clearly identified with warning signs prepared in English and Spanish that read: “Warning-Electric security fence” at intervals of not less than sixty feet.
         F.   A “Knox Box Electrical Shunt Switch” and a “Knox Box” or other similar approved devices shall be installed for emergency access of Police and Fire Departments.
         G.   The electric current must be turned off during all posted business hours in which the business is open to the general public.
      (4)   Indemnification. All applicants issued permits to install or use an electric security fence as provided in this Section shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the City of Ontario and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric security fence.
      (5)   Emergency Access. In the event that access by the City of Ontario Fire Department and/or Police Department personnel to a property where a permitted electric security fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox box or other similar approved device referred to in subsection (f)(3)F. above is absent or non-functional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric security fence, the fire or police personnel shall be authorized to disable the electric security fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric security fence as provided in this Section will agree to waive any and all claims for damages to the electric security fence against the City of Ontario and/or its personnel under such circumstances.
         (Ord. 14-65. Passed 12-18-14.)
   1145.12 GREENBELTS.
   (a)   Purpose.
      (1)   The purpose of this section is to establish minimum standards for the provision, installation and maintenance of landscape plantings in greenbelts to protect the character and stability of residential, office, business and industrial areas; safeguard property values, protect public and private investments; and, enhance the community’s environmental and visual character.
      (2)   The following standards shall be considered the minimum requirements for the installation of all plant materials in greenbelts and perimeter landscape strips:
   (b)   General. Trees shall not be placed where they interfere with site drainage, obstruct vision of oncoming vehicles or where they shall require frequent pruning to control interference with overhead power lines. Trees planted under power lines shall not exceed a mature height of twenty feet (20’).
 
   (c)   Standards for Evergreen Trees.
      (1)   Tree Standards.
         A.   At the time of planting, trees shall be no less than five feet (5’) in height.
         B.   Evergreens are to be of upright growth with good density to screen from view abutting office, business and industrial lots or land uses. Plants shall have a density with branches close to the ground level.
         C.   Evergreens shall match the site conditions in terms of light exposure, winds and soil conditions and low maintenance.
         D.   Acceptable evergreens for greenbelt plantings:
 
. arbovitae
. firs
. selected pines
. junipers (upright types)
. spruces
. yews (upright types)
         E.   White pine is unacceptable because of wide spacing between branches and decline in tree health over the years.
         F.   Evergreens may be pruned to form hedge barriers with a controlled height of six feet (6’).
      (2)   Tree Species Mix. When more than ten (10) trees are to be planted to meet the requirements of this ordinance, a mix of species shall be provided. The number of species to be planted shall vary according to the total number of trees required to be planted. The minimum number of species to be planted are indicated below:
   
 
Required Species Mix
Required Number
 
of Trees
Minimum Number
of Species
11-20
2
21-30
3
31-40
4
41+
5
         Exceptions and substitutions from the provisions in this subsection (c) may be approved by the Planning Commission in order to promote the use of slow growing or native plant materials if they qualify as an acceptable greenbelt.
      (3)   Maintenance. Arrangements shall be made for maintenance of plantings to keep them in a healthy and attractive condition, including mulching, watering and weed control. Plants shall comply with the following requirements:
         A.   Growth habit to be non-evasive.
         B.   Low maintenance selections adapted to the site.
         C.   All unhealthy or dead plant material shall be replaced during the next planting season.
      (4)   Earth Mounding. Earth mounds may be used in perimeter landscape strips with trees planted on the top of the mound in a single or staggered double row. Earth mounds shall not exceed four feet (4’) in height, or be any less than eighteen feet (18’) or more than thirty feet (30’) in width. For ease of maintenance and erosion control, earth mounds should be designed for a 1:3 ratio, no more than one foot (1’) of rise for each three feet (3’) of width. (Ord. 01-50. Passed 12-6-01.)
   (d)   Landscaping Off-Street Parking Areas. (EDITOR’S NOTE: Former subsection (d) hereof was repealed by Ordinance 15-22.)
 
   (e)   Greenbelts between Residential and Office, Business or Industrial Lots or Uses.
Whenever an office, business or industrial lot abuts onto a residential lot or use, one of the following options shall be used to adequately screen the residential area from other abutting areas:
      (1)   An obscuring greenbelt fifteen feet (15') wide shall be created exclusive of that required for sidewalks or utility easements. The greenbelt area shall be planted with evergreen trees no less than five feet (5') tall at time of planting and shall be no less than six feet (6') in height at maturity. The greenbelt shall further comply with the tree standards in subsection (c)(1) hereof. (Ord. 04-02. Passed 1-22-04.)
      (2)   An alternative option is a six-foot (6’) tall opaque, unpainted fence constructed of decay-resistant lumber secured by aluminum or galvanized nails or screws to prevent rust stains. The fence shall be erected on a grassy belt at least ten feet (10’) wide with both sides of the fence providing an attractive natural appearance compatible with the surrounding residential area. Weed control and fence maintenance shall be the sole responsibility of the office, business or industrial owner.
         (Ord. 01-50. Passed 12-6-01.)
      (3)   Specific final plans for either option (1) or (2) above shall be presented to the Zoning Inspector for his approval prior to installation.
         (Ord. 04-02. Passed 1-22-04.)
   (f)   Greenbelts between Residential Lots and U.S. 30 Right of Way.
      (1)   A greenbelt or common open space area maintained by a homeowner’s association shall be required wherever residential lots or residential uses abut the U.S. 30 right-of-way.
      (2)   The required greenbelt shall be fifty feet (50’) wide, planted with a combination of evergreen trees, shade trees and shrubs.
      (3)   A greenbelt will not be required in those instances where existing tree stands are to be preserved on parcels of land abutting the U.S. 30 right-of-way. However, the owner shall be required to submit to the Planning Commission a narrative explaining the management practices that will be conducted by the owner to ensure the effective maintenance and preservation of the plant community.
         (Ord. 01-50. Passed 12-6-01.)
                                                     
   1145.13 JUNK VEHICLES AND MATERIALS PROHIBITED.
   (a)   General. No person shall park, store or leave, or permit the parking, storing or leaving of any motor vehicle which is unlicensed, wrecked, junk, partially dismantled or inoperable, whether attended or not, for a period of more than fifteen (15) days upon any private property within the City of Ontario, unless the vehicle(s) is a collector’s vehicle, or is part of a business enterprise operated in a lawful place for the storage, repair or rehabilitation of vehicles as expressly permitted under the provisions of this Ordinance.
   For the purposes of this Ordinance a motor vehicle shall be deemed wrecked, junk or inoperable when the motor vehicle is:
      (1)   Extensively damaged, including but not limited to, missing wheel(s), tires, motor, transmission, or other mechanical parts which result in the motor vehicle not being useable on a public highway;
      (2)   Inoperable;
      (3)   Missing its license plate, or has temporary tags which are expired, and the motor vehicle has not been licensed within the preceding month.
   (b)   Collector Vehicles. The Ontario Police Department shall not prevent a person from storing a collector’s vehicle or historical motor vehicle in a garage on private property.
   (c)   Violation. Whenever there are reasonable grounds to believe that a violation of this section exists, the Ontario Police Department, shall give written notice, by certified mail, to the person in charge of the private property where the unlicensed, junk or abandoned motor vehicle is located, that such motor vehicle violates the provisions of Section 1145.13, and that, within five (5) days the motor vehicle shall be removed from the premises. Any person, firm or corporation failing to comply with any provision of this Section shall be subject to the enforcement remedies and penalties as set forth in Chapter 1159.
(Ord. 01-50. Passed 12-6-01.)
   1145.14 MANUFACTURED HOMES.
   Manufactured homes shall be permitted in all residential districts provided they meet the following requirements:
   (a)   The structure shall be affixed to a permanent foundation.
   (b)   The structure shall be connected to a public water, sanitary and storm water system.
   (c)   Minimum floor area requirements:
      (1)   R-1 Residential Districts:
         One Family: 1,200 square feet per dwelling unit.
      (2)   R-2 Residential and Multiple Family Districts:
         One Family: 1,200 square feet per dwelling unit.
         Two Family: 1,000 square feet per dwelling unit.
   (d)   Minimum Length of Structure:    Twenty-two feet (22’), excluding garages, porches, decks or other room additions
   (e)   Minimum Width of Structure:    Twenty-two feet (22’), excluding garages, porches, decks or other room additions
   (f)   The structure shall include conventional residential siding. The minimum eave overhang shall not be less than six inches (6”), including an appropriate gutter system.
(Ord. 01-50. Passed 12-6-01.)
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