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§ 150.30 OFF-STREET PARKING REQUIREMENTS.
   (A)   General requirements. In all districts, except for the defined Downtown Historic District, in connection with every industrial business, institutional, recreational, residential, or other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the following requirements:
      (1)   Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and shall be of usable shape and condition.
      (2)   There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than 8 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases, leading to the parking or storage or loading or unloading spaces required hereunder.
   (B)   Number of spaces required. The number of off-street parking spaces to be provided shall conform to the requirements specified in the following tabulation:
Use
Parking Spaces Required
Use
Parking Spaces Required
Dwellings, including 1, 2, and 3 families, multiple dwellings and mobile homes.
2 for each dwelling unit.
Rooming or boarding house.
1 for each sleeping room or suite.
Hotel or motel.
5 parking spaces plus 1 parking space for each sleeping room or suite. These spaces shall be in addition to the parking spaces that shall be provided for any portion of the hotel that is used for office, business, or commercial purposes including the lobby, but not including corridors giving access to sleeping rooms.
Private club or lodge.
1 for each 5 members.
Church or temple.
1 for each 5 seats in main auditorium.
School.
1 for each 8 seats in auditorium or main assembly room, or on for each classroom, whichever is greater.
Community center, library, museum or art gallery.
10 plus 1 additional for each 300 square feet of floor area in excess of 2,000 square feet.
Hospital, sanitarium, convalescent home, home for the aged, adult foster care homes or similar institution.
1 space for each employment plus 1 additional space for each bed.
Offices, clinics, wholesale establishments, business services.
1 for every 200 square feet of floor space.
Retail store, personal service establishment.
1 for each 200 square feet of floor space and 1 for each 2 employees on the maximum working shift.
Bowling alley.
5 for each lane, plus 1 additional space for each 100 square feet of area used for seating, drinking and other recreation.
Mortuary or funeral home.
1 for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
Restaurants, nightclubs, cafes or similar recreation or amusement establishments, dance halls, assembly or exhibition halls without fixed seats.
1 for each 100 square feet of floor area.
Manufacturing, industrial or mining establishment, research or testing laboratory, creamery bottling plant, warehouse or similar establishment.
1 for each 2 employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
 
   (C)   Interpretation. The following rules shall govern the determination of spaces required:
      (1)   Floor area shall mean the gross floor area of the specified use.
      (2)   Fractional numbers shall be increased to the next whole number.
      (3)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(1981 Code, § 150.30) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 21-09-050, passed 10-25-2021)
§ 150.31 SPECIAL PARKING PROVISIONS.
   Every parcel of land hereafter used as a public, commercial or private parking lot shall be developed and maintained in accordance with the following requirements.
   (A)   Screening and landscaping. Off-street parking areas for more than 10 vehicles shall be effectively screened on each side which adjoins or faces premises situated in any R District, or institutional premises, by a fence of acceptable design. Such fence shall be not less than 4 feet nor more than 6 feet in height and shall be maintained in good condition without any advertising thereon. The space between such wall or fence and the lot line of the adjoining premises in any district shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. In lieu of such wall, or fence, a strip of land not less than 10 feet in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than 4 feet in height, may be substituted.
   (B)   Minimum distance and setbacks. No part of any parking area for more than 10 vehicles shall be closer than 20 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a main building, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than 10 feet to any established street or right-of-way, nor closer than 5 feet to any alley right-of-way. The wall or hedge required in division (A) hereof shall be set back from each street, the same as if it were a building wall, so as to observe the front yard requirements of this chapter. Exceptions to these parking area location requirements may be referred to the Board where existing conditions prevent reasonable compliance to the off-street parking requirements of the article.
   (C)   Joint use. Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement, approved by the Law Director and accepted by the Board of Zoning Appeals shall be filed with the application for a zoning certificate.
   (D)   Other locations. Parking spaces may be located on a lot within 300 feet other than that containing the principal use with the approval of the Board, provided a written agreement, approved by the Law Director and accepted by the Board, shall be filed with the application for a zoning certificate.
   (E)   Surfacing. Any off-street parking area for more than 10 vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dust-free surface.
   (F)   Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any R District.
   (G)   Disabled vehicles. The parking of a disabled vehicle within a residential district for a period of more than 2 weeks shall be prohibited except that such vehicle may be stored in an enclosed garage or other accessory building provided that no business shall be conducted in connection therewith while such vehicle is parked or stored.
(1981 Code, § 150.31) (Ord. 6570-93, passed 12-13-1993)
§ 150.32 OFF-STREET LOADING REQUIREMENTS.
   (A)   In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 10,000 square feet or less, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, dry cleaning or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with such building at least 1 off-street loading space: plus 1 additional such loading space for each additional 20,000 square feet or major fraction thereof of gross floor area when required because of the volume of receipt or distribution by vehicle of material or merchandise.
   (B)   Each loading space shall be ample to accommodate the largest vehicle anticipated.
   (C)   Subject to the limitations in § 150.23 (A), the loading space may occupy all or any part of any required yard or court space.
   (D)   No loading space shall be located closer than 50 feet to any other lot in any R District, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or fence not less than 6 feet in height.
(1981 Code, § 150.32) (Ord. 6570-93, passed 12-13-1993)
SPECIAL PROVISIONS FOR USES IN RESIDENTIAL DISTRICTS
§ 150.34 POND REGULATIONS.
   (A)   Definition. As defined in this section a POND is any outdoor excavation capable of containing in excess of 2 feet of water at its deepest point and is less than 20,000 square feet (approximately ½ acre), is subject to the requirements in the zoning code § 150.35 on swimming pools. The construction of a pond as defined above shall meet all the requirements of the zoning code, including but not limited to front, side and rear setback requirements, fencing and drainage.
   (B)   To construct a pond as defined above in the city, an application for a permit must be submitted to the Safety-Service Director prior to any excavation.
   (C)   The minimum size of a pond within the city shall be 1½ acres.
   (D)   A fence as defined in § 150.36 of the code is required to surround a pond.
   (E)   Any property containing a pond as defined by this section annexed to the city after the effective date of this section shall comply with the fencing requirement in division (D) above.
   (F)   All ponds in existence prior to the effective date of this section shall not be subject to these regulations.
(Ord. 03-02-011, passed 4-14-2003)
§ 150.35 SWIMMING POOLS.
   (A)   Private swimming pools. Swimming pools shall conform to the requirements of this division.
      (1)   Short title. This section shall be known as the family swimming pool section of the city.
      (2)   Definition.  POOL, as used in this section, shall be any constructed pool or portable private pool, used for swimming, washing, or bathing, over 24 inches in depth of water or with a ton water surface area exceeding 250 square feet and which is used or intended to be used as a pool in connection with a family dwelling unit and is available only to the family of the householder and his private guests.
      (3)   Location. No pool shall be constructed or installed unless it complies with all the requirements as applied to all accessory uses, as set forth in the Zoning Ordinance of the city.
      (4)   Application for permit.  
         (a)   No person shall construct or install a pool without having first applied for and secured all necessary permits therefor from the Superintendent of Public Service on such forms as may be prescribed by them. Such application shall be accompanied by plans and specifications in duplicate and in sufficient detail showing the following:
            1.   Pool dimensions, depths, volume in gallons and the distance of the pool from all lot lines, pool fencing, existing and proposed structures including septic tanks and their fields, if any.
            2.   Pool construction, including details of materials to be used, water supply, type and size of filter system, pump details and capacity, drainage, waste disposal facilities and pool piping layout.
            3.   Written approval of the Superintendent of Public Service with regard to sewer and water taps.
            4.   Pool fencing, lighting layout and estimated cost.
         (b)   The Superintendent of Public Service, after finding that the application, plans and specifications comply with the provisions hereof and all other requirements of the Municipal Code, shall issue the necessary permits for the construction or installation of such pool.
      (5)   Fencing.
         (a)   Every pool shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension, except for doors and gates; and if a picket, board or other like fence is erected or maintained, the distance between members thereof shall not exceed 4 inches. A dwelling-house or accessory building may be used as part of such enclosure.
         (b)   All gates or doors opening through such enclosure shall be equipped with a self-closing and self latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except that door of any dwelling which forms a part of the enclosure need not be so equipped.
         (c)   As an exception to the fencing requirement for residential swimming pools, an automatic swimming pool cover shall be permitted as follows: A safety pool cover which shall:
            1.   Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
            2.   Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;
            3.   Be capable of supporting a 400-pound imposed load upon a completely drawn cover;
            4.   Is installed with track, rollers, rails, guides or other accessories necessary to accomplish divisions 1. through 3. in accordance with the manufacturer’s instructions; and;
            5.   Bear an identification tag indicting the name of the manufacturer, name of the installer, installation date and applicable safety standards, if any.
      (6)   Safety.
         (a)   A pool having water depth of 5 feet or more shall have at least 1 fully grounded, Underwriters' Laboratories, Inc., approved underwater light, located in the deepest end of the pool. Said light shall be illuminated after sundown when the pool is in actual use.
      (7)   Construction and maintenance.
         (a)   Every pool shall be constructed of materials sufficient to insure against collapse thereof and leakage of water therefrom.
         (b)   Filter pumps and other mechanical devices used in connection with any pool shall be located at least 10 feet away from adjoining premises and be so constructed as not to interfere with the comfort, repose, health, peace or safety of the occupants of adjoining premises.
         (c)   Exterior lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises or a public street.
         (d)   All pool facilities shall be kept clean and in a sanitary condition.
      (8)   Water supply. Cross connection between the piping system of a private swimming pool and a portable water system is prohibited. If water for any pool is supplied from a portable water system, the inlet or fill pipe shall be located at least 6 inches above the overflow level of such pool.
      (9)   Drainage.
         (a)   Where the pool is not provided with adequate syphon or pumpage drainage facilities, it shall be provided with at least 1 metal grated outlet situated at the lowest level or deepest end for drainage of pool water and for backwash water disposal. The drain pipe shall be equipped with a valve located outside the walls of the pool. Sand pipe and/or syphon or pumpage facilities shall be connected to a storm sewer when said storm sewer is located in any easement, alley or street adjacent to the lot upon which the pool is located. In the event no storm sewer in available said connection shall be made with a sanitary sewer. However, in any event, all connections with either the storm sewer or the sanitary sewer shall be made only with the approval of the Superintendent of Public Service. Upon inspection of the premises, the Superintendent of Public Service may require the discharge of pool water into a dry well or series of dry wells or other dispersion point, provided that such water does not overflow onto any adjoining property.
         (b)   Pool water discharged into a brook or stream must comply with the disinfection and bacteriological regulations issued by the Health Officer of the city.
      (10)   Portable pools. All portable pools of less than 24 inches in depth of water or less than 250 square feet of top water surface area, shall be exempt from the requirements of this section; provided, however, that a responsible person shall be in attendance when the pool is in use; at all other times the pool shall be empty of water, or adequately protected to prevent accidental entry.
      (11)   Enforcement. It shall be the duty of the Superintendent of Public Service and Health Officials to enforce the provisions of this section. They may enter premises for the purpose of determining compliance therewith.
      (12)   Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $10 on a first offense and $20 on each succeeding offense plus court costs.
   (B)   Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements.
      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.
      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by any person from the street or adjacent properties. The said fence or wall shall not be less than 6 feet in height and maintained in good condition.
(1981 Code, § 150.35) (Res. 4038-62, passed 8-13-1962; Am. Ord. 6570-93, passed 12-13-1993; Am. Ord. 02-05-038, passed 5-13-2002)
§ 150.36 FENCES AND PLANTING SCREENS.
   (A)   Fence requirements. A fence shall be defined as an accessory structure which is a barrier and is used as a boundary, screen, separation, means of privacy, protection, or confinement, and is constructed of wood, plastic (PVC), metal, masonry, or other similar material.
   (B)   Height limitations.
      (1)   Residential. No fence or wall may be erected, placed or maintained on any zoned residential lot to a height exceeding 8 feet above the ground level, except that no such fence or wall, which is located in a required front or comer side yard shall exceed a height of 3 feet.
      (2)   Non-residential. No fence or wall shall be erected, placed or maintained on any non-residential zoned property to a height exceeding 8 feet.
      (3)   Wire fence. The minimum gauge of wire for a wire mesh fence shall be not less than 11 gauge with a maximum of 3 inch by 3 inch opening. No chicken wire, hog wire, or barbwire fences shall be permitted on any residential zoned lot.
      (4)   Fence location.
         (a)   No fence or other structure, nor any plant material, shall be so placed as to obstruct the clear visibility of any intersection.
         (b)   A side yard adjacent to the public right-of-way shall be considered a corner side yard and shall be regulated as a front yard with a maximum fence height of 3 feet, unless otherwise approved by the Engineering Department.
      (5)   Prior approval by Engineering Department. All fencing and screening materials must be approved by the Engineering Department and be installed after the proper permit is secured. Items not approved for fencing and screening include but are not limited to any type of metal sheeting, press board, skids, rough lumber and cardboard.
   (C)   Installation of fences. It shall be the homeowner's responsibility to make sure that any fence installed on his or her property is within his or her property line. A fence can be installed directly on the property line; ensure that fence posts do not encroach on adjacent properties.
      (1)   The depth of the fence posts should be one-third of the height of the fence. Exception: In comers or supporting gates, the depth in this case shall be to the frost line. Fill should be base gravel with concrete fill 6 inches below grade.
      (2)   Fences shall not be placed closer than 18 inches from telephone, cable, gas, and pedestals that would interfere with the maintenance for these utilities, if necessary. Fences shall not be placed on storm manholes, catch basins, or pipes. Exception: When an easily removable panel(s) is/are installed above catch basin or manhole.
      (3)   Homeowners are responsible for locating their pump line if buried in the backyard to avoid damaging it during construction.
      (4)   Swimming pool fences shall be regulated by the City of Van Wert Building Code.
      (5)   Written personal notification of any fences or screening in need of repair will be sent to the property owners requiring repairs or removal of the fence or screening.
   (D)   Building permit required.
      (1)   Permit fee is $20.
      (2)   To apply for the building permit, the following shall be submitted to the Building Department:
         (a)   A completed permit application;
         (b)   Plat of survey showing the proposed location, type and height of the fence;
         (c)   Survey property pins are required for inspection.
   (E)   Inspections required.
      (1)   The Building Inspector shall inspect all fences prior to installation to verify location and compliance with the City of Van Wert fencing code.
      (2)   Inspection shall be requested in writing or by telephone to the Building Department at least 24 hours in advance (419) 238-5775.
   (F)   Contractors registration required.
      (1)   It shall be unlawful to engage in business in the City of Van Wert as a building contractor without first having obtained a building contractor's registration.
      (2)   A homeowner is not required to be licensed as a subcontractor or general contractor to construct, demolish, rehabilitate, alter, or repair his or her own fence.
   (G)   Application to current fences. This section does not apply to fences that are currently in place in the City of Van Wert. However, should your fence become damaged, the replacing of the damaged sections of the fence should be in full compliance with this section.
(1981 Code, § 150.36) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 07-07-066, passed 8-13-2007; Am. Ord. 07-07-067; Am. Ord. 21-02-009, passed 3-22-2021; Am. Ord. 23-11-066, passed 12-18-2023)
§ 150.37 CONVERSION OF DWELLINGS.
   In an R District a residence may be converted to accommodate an increased number of dwelling units provided.
   (A)   If the building is to be altered on the outside, the yards shall not be reduced to less than the yard dimensions required by the zoning regulations for new structures in that district.
   (B)   The lot area per family is equal to the lot area requirements for new multifamily structures in that district.
   (C)   The number of square feet of living area per family unit is not less than that which is required for new construction in that district.
(1981 Code, § 150.37) (Ord. 6570-93, passed 12-13-1993)
§ 150.38 HOME OCCUPATIONS.
   A home occupation shall be permitted within a dwelling unit provided:
   (A)   It does not occupy more than 20% of the gross floor area of the dwelling unit or 250 square feet, whichever is larger, and does not require alteration of the structure.
   (B)   Not more than 1 non-resident is employed.
   (C)   Sales are only of commodities or services produced on the premises.
   (D)   The only mechanical equipment installed or used is that normally used for domestic or household purposes, or normally associated with the profession or business.
   (E)   Notice or other announcement of such occupation is limited to a small sign not over 2 square feet in area.
   (F)   Home occupations that are not clearly within the definitions and provisions of this section shall require the filing of a request for variance with the Zoning Board of Appeals.
(1981 Code, § 150.38) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 6864-98, passed 6-22-1998)
§ 150.39 PREFABRICATED HOME SUBDIVISIONS.
   (A)   A prefabricated home subdivision shall contain a minimum area of 5 acres and shall be developed in the same manner as required for any subdivision in the same district in which prefabricated home subdivisions are dwellings as defined in § 150.03.
   (B)   The development standards for a prefabricated home subdivision shall be the same as the requirements for single-family dwellings in the district in which prefabricated home subdivisions are permitted.
(1981 Code, § 150.39) (Ord. 6570-93, passed 12-13-1993)
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