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Unless otherwise stated in this section an approved zoning compliance permit is required prior to the placement of any fence, which includes walls or shrub barriers. In all cases, the corner visibility provisions of this chapter shall be observed. The fence regulations for the various zoning districts are as follows:
(A) Fences located in any residential district shall be no higher than four feet on properties 15 feet or less away from the public or private street. If rear or side yard adjoins a major or minor road with no driveway access, the fence can be no higher than six feet within 15 feet from the road.
(B) Fences located in any commercial district shall be no higher than six feet unless it is 15 feet away from all property lines or complies with principal building setbacks.
(C) Fences located in any agricultural or recreational district can be higher than eight feet unless it is 15 feet away from all property lines or complies with principal building setbacks. Otherwise, it may not be higher than 12 feet unless it is part of a tennis court, driving range, or other sport-like facility.
(D) For fence regulations regarding swimming pools see § 153.091.
(Ord. passed 4-9-2013; Am. Ord. 2016-03, passed 5-10-2016; Ord. 2021-03, passed 6-8-2021)
Electronic gaming operations may be permitted as a special use in designated districts; provided that, the operation complies with the following minimum requirements.
(A) All electronic gaming operations shall be located at least 1,500 feet from any church or other religious institution, day care center, public or private school, public park or playground, library, theater, arcade, tattoo parlor, adult establishment or other electronic gaming establishment and must be located at least 300 feet from any residential zoning district.
(B) No more than ten electronic gaming machines shall be operated at any location, the machines must not be prohibited by state or federal law and must have all applicable permits and licenses required under law.
(C) No electronic gaming establishment will be permitted to operate until all appropriate business license fees have been paid and it shall be the responsibility of all interested parties that the license required by this chapter be prominently displayed within the business.
(D) No alcoholic beverages shall be served or consumed on the premises.
(E) The electronic gaming establishment does not operate outside the hours of 8:00 a.m. to 10:00 p.m.
(F) There shall be one and one-half parking spaces for every two electronic gaming machines, plus one space for every employee on the maximum shift.
(G) No electronic gaming establishment shall allow, permit or condone any person under the age of 18 to engage in electronic gaming operations or supervise operation of machines.
(H) Electronic gaming establishments shall prominently post the rules of the sweepstakes games.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
Hookah, tobacco, vape and similar establishments shall comply with the following standards:
(A) Shall not be located within 400 feet, measured property line to property line, from any residential zoning districts.
(B) Shall not be located within 1,500 feet, measured property line to property line, from a school (public or private), daycare facility, youth facility, community center, town park or hospital.
(C) Shall not be located within 2,000 feet, measured property line to property line, from another hookah, tobacco, vape or similar establishment. If an establishment is being proposed within 2,000 feet of a location where a previous establishment has closed, a permit cannot be issued for the new location until after the previous establishment has been discontinued or abandoned in accordance with § 153.036, Abandonment and Discontinuance of Non-conforming Situations.
(D) All federal, state, and local laws, rules, and regulations must be adhered to in the operation of such establishments. This includes regulations pertaining to advertisements, age restrictions, and the legality of products sold.
(E) Hookah, tobacco, vape and similar establishments that are legally existing on the effective date of Ord. 2024-06 may continue to operate/expand/renovate in accordance with § 153.031, Continuation of Non-conforming Situations and Completion of Non-conforming Projects.
(F) The required site plan shall meet all applicable town standards to include all land uses within 2,500 feet, measured property line to property line, from the parcel proposed for a hookah, tobacco, vape and similar establishment use.
(G) All street level windows shall be visually permeable between a height of three feet and eight feet above the walkway grade
(Ord. 2024-06, passed 7-9-2024)
DENSITY AND DIMENSIONAL REGULATIONS
Subject to the provisions of § 153.145 of this chapter, all lots in the following zones shall have at least the amount of square footage indicated in the following table:
Zone | Minimum Square Feet |
Zone | Minimum Square Feet |
A-5 | 5 acres |
C-1 | 3,000 (if used for residential purposes, otherwise no minimum) |
C-2 | 10,000 (3,000 if used for residential purposes) |
C-3 | 5,000 (if used for residential purposes, R-6 standards apply) |
C-4 | 5,000 (if used for residential purposes, R-6 standards apply) |
C-5 | 5,000 (if used for residential purposes, R-6 standards apply) |
I-1 | No minimum |
I-2 | No minimum |
R-6, RM-6 | 6,000 |
R-8, RM-8 | 8,000 |
R-10, RM-10 | 10,000 |
R-15 | 15,000 |
R-20 | 20,000 |
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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