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(a) Home operated child care with an average daily attendance of six (6) children or less are allowed in any residential district. No zoning permit is required for this type of child care.
(b) Home operated child care with between seven (7) and twelve (12) children in average daily attendance may also be allowed in a residential district as either a permitted or 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.
(c) Child care centers with more than twelve (12) children in attendance 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.
(d) 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) Number of children to be accommodated in the center, service area, type of program, teacher-child ratios, and personnel qualifications.
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.
Home Occupations shall not require a permit and shall comply with all of the following regulations:
(a) Only members of the immediate family residing on the premises shall be engaged in the proposed use.
(b) Sales of commodities on the premises shall not be permitted.
(c) Outside storage related to the home occupation may be permitted if totally screened from adjacent residential lots, provided the application so specifies.
(d) Not more than thirty percent (30%) of the gross floor area of any residence shall be devoted to the proposed home occupation.
(e) 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 s.f.) shall be mounted flush to the wall of the structure.
(f) Minor or moderate alterations (non-structural) may be permitted to accommodate the proposed use, but there shall be no substantial construction or reconstruction.
(g) 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.
(h) 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.
(i) The home occupation permission 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.
(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.
(e) Junk Yard Fence Required; Penalty.
(1) Any person or corporation operating or maintaining a junk yard as defined in Ohio R.C. 4737.05, or Section 1143 of these Codified Ordinances shall erect and maintain in good order and repair a fence at least six feet (6') in height commencing at the ground level and constructed of non-transparent material so as to obscure the junk in the enclosure from the view of persons outside the enclosure of the junk yard. No advertisement shall be permitted on the fence other than the name of the person owning or operating said junk yard and the nature of the business conducted therein.
(2) Whoever violates the provisions of this section shall be fined not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000) plus the cost of prosecution.
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, radio waves or microwaves which adversely affects the operation of any equipment other than that of the operator.
When any property is located with a residential zoning district, or when any property adjoining an existing residence or residential district, refuse collection areas provided by commercial, industrial, and multi-family residential uses for the collection of trash, garbage, and other refuse, shall be enclosed. Such enclosure must be along three (3) sides by a solid wall or fence , unless within an enclosed building or structure. Such wall or fence shall be constructed to a height that is not less than two feet (2') higher than the height of the trash receptacles. 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.
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