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Fences, walls, plant material, and similar screening devices shall not be located in any front yard area. Fences, walls, plant material, and similar screening devices located in any side yard or rear yard area shall not exceed six feet in height.
(A) Prohibited fences. All electric and barbed wire fences shall be prohibited.
(B) Maintenance. All fences shall be properly maintained by the owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness in the case of a fence, wall, or other man-made object; and trimming, pruning, cutting, and other landscaping in the case of a hedge or other planting so that there is no aesthetic detriment to the surrounding area.
(C) Fence permits. All fences, regardless of type or height, require an approved fence permit on a form provided by the Zoning Enforcement Officer. Fence permits shall be reviewed for compliance to these regulations by the Zoning Enforcement Officer.
(D) Measurement standards. Fence height shall be measured as the vertical distance between the grade of the ground abutting the fence and the top edge of the fence material including any ornamental or decorative extensions of a fence. For fences on sloping ground or on retaining walls, solid fence height of six feet may be permitted as measured from the up-slope property so long as a total height, inclusive of any retaining wall, does not exceed ten feet as measured from the down-slope property.
(Ord. 09-3306, passed 10-15-09)
Open structures such as fireplace chases, porches, canopies, balconies, platforms, 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 yards.
(Ord. 09-3306, passed 10-15-09)
It is the purpose of the performance standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside of the lot line of said use. Materials, uses and products produced shall be adequately housed, shielded or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.
(A) Applicability and compliance. The performance standards are applicable to all land uses in all zoning districts within the city, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building. Any change in the principal use of land, a structure or a building shall constitute a discontinuance and be fully subject to these standards and provisions.
(B) Noise. No business or commercial operation or residential use shall create a persistent or recurring noise which is a nuisance. No business or commercial operation or residential use may raise the noise level more than two decibels above the normal background level (measured at any lot line).
(C) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.
(D) Vibrations. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.
(E) Glare and heat. Any operation producing intense light or heat, including high temperature processes such as combustion or welding, shall not be visible or felt beyond any lot line bounding the property wherein the use is conducted. All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or public right-of-ways.
(F) Air and water pollutants. The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(G) Hazardous materials. The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulation of any local, state or federal agency having jurisdiction in this matter.
(H) Smoke. The emission of smoke or dust by any land use in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited.
(I) Enforcement.
(1) Notice of violation. In enforcing performance standards on existing uses, the Zoning Enforcement Officer may issue a written notice of violation to an alleged violator. The Zoning Enforcement Officer shall, before issuing such notice, make technical determinations of any probable violation when such determinations can be made using equipment and trained personnel normally available to the city or obtainable without extraordinary expense. In other cases, however, technical complexity or extraordinary expense may make it unreasonable for the city to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Zoning Enforcement Officer has other reason to believe there is probable violation. The Zoning Enforcement Officer shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation. The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Zoning Enforcement Officer believes there is a violation.
(2) Notice contents. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the Zoning Enforcement Officer and within a time limit he or she shall specify in the notice. The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a violation. The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations will be made. If a violation is found as a result of such determinations, the cost of the determinations will be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the city shall pay the cost of the determinations.
(Ord. 09-3306, passed 10-15-09)
(A) A portable on-demand storage structure may be utilized as a temporary structure within the city when in compliance with the standards of this section upon the issuance of a temporary structure permit from the Zoning Enforcement Officer. Any use of such structures within the city not in compliance with this section shall be unlawful.
(B) The term PORTABLE ON-DEMAND STORAGE STRUCTURES (POD) shall be defined to be: any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.
(C) POD standards.
(1) A POD storage structure may be located as a temporary structure on property within the city for a period not exceeding 30 days in duration from time of delivery to time of removal. A POD structure shall not be located in the front yard of any lot within the city. Such temporary structure shall be located no closer than five feet to any property line.
(2) Permit required. Permits for such temporary uses and structures may be issued by the Zoning Enforcement Officer after submission of a completed temporary storage structure permit application and payment of the permit application fee. An approved permit is valid for the specified 30 day time frame only. Such POD structure may not be located on a specific property more than four times in any given calendar year period. Applicants seeking to extend the time frame consistent with the provisions in this section must complete a new application and submit a new permit application fee payment for each time period sought.
(3) No more than one POD storage structures may be located on a specific piece of property within the city at one time.
(4) Such structure may not exceed eight feet six inches in height, ten feet in width or 20 feet in length.
(5) All such temporary structures shall comply with the appropriate building code provisions and such other requirements as are imposed by the city or the Chief Building Official to ensure the safety of the public.
(D) It shall be the obligation of the owner of the property on which the POD is located or the user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.
(E) Any portable on-demand storage structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the city immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the city. Such lien shall be superior in priority to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in priority to the lien of ad valorem taxes.
(Ord. 09-3306, passed 10-15-09)
The raising of farm animals shall not be permitted in any zoning district within the city unless the area consists of 20 acres or more, complies with Current Agricultural Use Valuation (C.A.U.V.) regulations or has been approved as an agricultural district under R.C. § 929.02.
(Ord. 09-3306, passed 10-15-09)
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