These districts have been created to preserve and enhance a safe, pleasant living environment and are intended to provide a variety and mix of dwelling types. In order to maintain that environment, the following restrictions shall apply to all residential zone districts including mobile home parks:
(A) Automotive vehicles, including campers and motor homes, of any kind or type without current license plates, nor any dismantled vehicle shall be parked or stored for more than seven days on any residential zoned property other than inside a completely enclosed building. These vehicles shall be considered abandoned vehicles and are subject to be towed if left on the property more than ten days from date of notice of violation. All costs and expenses shall be endured by the property owner.
(B) Major recreational vehicles may be parked or stored on the side or rear lot in these districts provided that they do not violate any other part of this chapter and no more than two pieces of equipment are present. Further, no such equipment shall be used for living, sleeping, camping, or housekeeping while parked or stored on a residential lot. Recreational vehicles shall not have electric or water connected while stored or parked on any lot other than a campground.
(C) Recreational vehicles may be parked in front or on the street for loading and unloading purposes for a period not to exceed 24 hours, provided they do not interfere with the control of traffic, or present a traffic hazard.
(D) Fences, walls and hedges may be permitted in any required yard or along the edge of any yard provided that street, alley or driveway entrances are not shielded in such a way as to obstruct the view of a driver entering a public way from the street, alley or driveway.
(E) No farm equipment shall be parked, stored, or maintained on any lot in a residential district unless it is stored inside an enclosed building.
(F) As for future use (swimming pools - check International Swimming Pool and Spa Code book for regulations).
(G) Firewood and building materials shall be stacked in a neat and orderly manner on the rear of the property and shall be maintained so that it does not cause a nuisance or health hazard to the neighborhood.
(H) No farm animals, rabbits, wild animals or fowl, shall be kept, raised or maintained on any lot within the city jurisdiction that is zoned residential unless said lot is ten acres or more in size.
(I) No person shall keep, raise or maintain in any residential zone district more than three dogs that are more than 12 weeks old. The area shall be well maintained and shall not cause a health hazard or common nuisance to surrounding property.
(J) Rummage sales, garage sales, yard sales, or any other similar type of sale held by non-business entities or individuals for the purpose of selling or exchanging personal property shall:
(1) Be conducted at the residence of the owner of the personal property being sold and by the owner or immediate family of the owner of the property being sold;
(2) The tangible personal property must not have been acquired by the owner for the purpose of resale;
(3) Any person(s) intending to have a rummage sale within the city jurisdiction shall be required to obtain a permit, at no cost, which must be openly displayed on the site of the sale; and
(4) Personal sales shall be limited to two per calendar year, which do not extend more than three days per sale. Those sales registered with the Miami County Chamber of Commerce community sales during the months of May, July, and September on the second full weekend (Friday and Saturday only) will not be considered personal sales; and
(5) Churches, community groups, or other groups that fall under the 501(c)3 tax exemption code may hold a rummage sale on property they own and are exempt from divisions (J)(1), (2), and (3) of this section.
(K) Trash, rubbish and discarded used property shall not be kept, stored or maintained on porches, patios or on any lot in a residential district.
(L) Vehicles shall not be parked or stored on or across sidewalks or alleys and no more than one vehicle may be displayed for sale at a time on any lot. Such vehicles shall have current license plates and be in operable condition.
(M) The raising or keeping of bees shall be prohibited within the confines of the city limits or within 500 feet from any residence within the city jurisdiction.
(N) No accessory building may be used or occupied as a residential use unless authorized by the Commission as an authorized use.
(O) No commercial vehicle larger than one ton may be parked or stored in any residential district unless off street parking is provided and the vehicle does not interfere with visual clearance or create a common nuisance in the surrounding area.
(P) There shall be no major repair on any motor vehicle outside of an enclosed building in any residential district.
(Q) No vehicle, part of vehicle, semi-trailer, camper trailer or mobile home shall be used for storage or accessory building on any lot or parcel of land.
(R) Trash dumpsters may not be placed on any lot or street for more than 14 days during construction unless approved by the Commission.
(S) Accessory buildings may be constructed before the primary building; however, accessory buildings shall not be used as a dwelling unless approved by the Zoning Administrator.
(T) Noxious weeds and other rank vegetation, including, but not limited to, grass, weeds or other vegetation, living or dead, which exceeds eight inches in height above ground, in all residential zones or in such district where property is not used for agriculture or grazing land, shall be considered a common nuisance. The failure of any property owner to cut grass, weeds or other vegetation, living or dead, on his property shall be evidence that said property is maintaining a nuisance and shall be subject to fines and other charges as outlined under the weed control ordinance.
(U) No person shall produce any noise that will exceed noise levels of 64 db daytime or nighttime, measured 25 feet from the noise source or the same level criteria measured at the property line which causes a common nuisance to the surrounding neighborhood, such as barking dog, vehicle engines, grinding, heavy machines, music or similar noises.
(1) Commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or is heard inside nearby residences by requiring that sound levels may not exceed 56 decibels as measured from inside nearby residences, or seven decibels over the ambient sound level, as measured on a street or public right-of-way 25 feet or more from the source or inside nearby residence between 10:00 p.m. and 7:00 a.m. If ambient sound levels are 64 db or above, the change of seven db above ambiance applies.
(2) Pervasive bass sounds that resonate and can be felt physically by a person that may disturb residents shall not exceed seven db above the ambient sound if the ambient sound is greater than 64 db.
(V) Owners or custodians of dogs that walk on property other than their own, including city-owned property, shall be responsible for collecting and disposing of any feces left by their dog(s). Failure to comply shall subject the owner or custodian of the dog to the penalties prescribed in this chapter.
(Ord. 5-2002, passed 3-4-02; Am. Ord. 22, 2008, passed 11-3-08; Am. Ord. 14, 2015, passed 4-6-15; Am. Ord. 16, 2015, passed 4-6-15; Am. Ord. 24, 2016, passed 8-1-16; Am. Ord. 18-2020, passed 11-2-20; Am. Ord. 10A, 2019, passed 5-6-19; Am. Ord. 18-2021, passed 8-3-21)
Penalty, see § 151.999
Cross-reference: