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No private swimming pool, above and below ground, shall be allowed in a residential zoning district except as an accessory use, and unless such private swimming pool has received a certificate of zoning compliance prior to issuance of a building permit and provided such pool complies with the following conditions and requirements.
(A) The pool is intended and used primarily for the enjoyment of the occupants of the principal use of the property.
(B) The pool shall be located to the rear of the principal structure and may not be located closer than seven feet to any lot line of the property on which it is located.
(C) The pool, or the entire lot on which such pool is located, shall be enclosed by a structure with a minimum height of four feet to prevent uncontrolled access from the street and from adjacent properties.
(D) Any lighting to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties.
(E) No person, firm, or corporation shall construct or install a swimming pool or make any alteration therein or in the appurtenances thereof without having received an approved certificate of zoning compliance.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
The open storage and display of material and equipment incidental to a nonresidential use adjacent to a residential zoning district, Planned Residential District, Planned Unit District, or visible from a public right-of-way shall only be permitted provided the area used for open storage and display shall be effectively screened on adjoining sides and public rights-of-way by means of walls or fences with a 100% opaqueness and is located behind the building line and not in a required yard. Walls or fences shall be a minimum of six feet in height without advertising thereon and shall not include chain-link fences. Walls and fences may be further screened with plantings comprised of evergreen hedges six feet in height.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
(A) Generally. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures or safeguards to reduce dangerous and objectionable conditions to acceptable limits are established by the performance requirements in division (B) through (M) of this section.
(B) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(C) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point than that of the creator of such disturbance.
(D) Noise and vibration. Noise or vibration shall be so controlled that at the property line on which such noise or vibration is produced it will not be at a level above that normally perceptible from other development activities in the area or from the usual street traffic observed at the street right-of-way line of the lot, except occasional blast or shock required in normal operation and produced in such manner as not to create a hazard.
(E) Toxic and hazardous substances. No toxic substance shall be emitted or otherwise discharged into the atmosphere, ground, surface waters, or ground waters. No storage, use, or transport of toxic or hazardous substances shall be permitted unless such activity is in full compliance with applicable state and federal environmental protection regulations and the expressed prior written approval of the Fire Chief.
(F) Air pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
(G) Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street.
(H) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(I) Water pollution. Water pollution shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency.
(J) Trash. The storage of trash and waste materials, including, but not limited to, discarded household goods, discarded commercial products, industrial by-products, and other similar materials shall not be visible from the property line on which such materials are being stored or otherwise placed. All such materials shall be housed in an appropriate container or enclosure, excepting trash that is properly placed in an appropriate enclosed container at an assigned location for regularly scheduled trash pickup. In all cases, there shall be full compliance with applicable zoning district standards.
(K) Enforcement provisions. The Director of Inspection and Engineering or Planning Commission prior to the issuance of a certificate of zoning compliance may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(L) Measurement procedures. Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, United States Bureau of Mines, and Ohio EPA.
(M) Turf. Turf shall not be higher than eight inches.
(N) Abatable nuisance. Upon determination by the Planning Commission or as sustained by appeal of such a decision to Council, divisions (B) through (M) of this section shall be considered abatable nuisances and a violation of the provisions of this Zoning Code.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
(A) Mandatory land dedication.
(1) Acreage shall be set aside in all platted subdivisions for the provision of public areas. Such public areas shall be used as sites for public parks, open space, and recreational areas. The amount of acreage to be set aside shall comply with the following schedule:
Zoning District | Percent of Net Developable Site |
R-1 | 2.5 |
R-2 and R-3 | 5.0 |
R-4 and R-5 | 7.5 |
R-6 | 7.5 |
AR-1 | 10.0 |
PRD | 20.0 |
(2) Such lands may be deeded to the village and thereby developed and managed by the village or held, developed, and maintained by a private association, the bylaws and creation of which shall be by approval of the Village Council as an element of the subdivision platting process. Title to dedicated land shall be transferred to the village within 60 days of final plat approval.
(B) Review and approval process. The mandatory land dedication requirement shall serve as a component of the subdivision review process of the village and regulatory review and approval shall be a consistent part of that process. The Planning Commission may review and reject the proposed acreage if such site is not appropriate for the intended use given environmental, technical, or land use considerations. In such circumstances the Board shall request an alternative site, which may or may not be provided on-site.
(C) Fees in-lieu of dedication. The applicant may request the payment of fees in-lieu of the total or a portion of the mandatory land dedication to the Planning Commission which shall make a recommendation to the Village Council relative to such request. The amount of fees to be paid shall be equal to the assessed value of the acreage that would have been dedicated to the village under the land dedication requirement.
(D) Payment, deposit, and use of fees. Fees in-lieu of land dedication shall be paid to the village within 60 days following final plat approval. Such fees shall be placed in a special fund, the records of which shall be available for public inspection. Such funds shall only be used by the village for the acquisition and development of public parks, recreation facilities, and open space.
(E) Additional reservation of public land.
(1) Where adopted planning documents recommend sites for public schools, parks, or other public facilities, including open space, such lands shall be set in reserve by the owner for a period not to exceed five years.
(2) The school district in the case of a recommended school site may purchase the reserves by the end of the five-year period for the fair market value as calculated by a current appraisal prepared by a certified appraiser. The village may purchase the balance of the reserves by the end of the five-year period following transfer of the dedicated land. The fair market value of the balance shall be calculated by a current appraisal prepared by a certified appraiser. Failure to purchase any reserves within the five- year period shall revert use of the property to the owner.
(F) Park fee. A park fee per dwelling unit as established by the Village Council shall be paid to the village by the developer or builder of any residential structure prior to issuance of a certificate of zoning compliance. Such fee shall be deposited in a special fund and expended by the village for the improvement and purchase of recreational facilities and equipment excluding maintenance and maintenance equipment.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
(A) Mobile homes prohibited. Mobile homes, modular or manufactured homes, and recreational or camping vehicles, as defined in § 153.012, shall not be a permissible use as an accessory building or principal building in any zoning district.
(B) Nonresidential use of mobile home or trailer. A mobile home or trailer may be used as a temporary office or building incidental to construction or a development of the premises on which the mobile home or trailer is located, but only during the time construction or development is actively underway and for which a certificate of zoning compliance has been issued for the actual construction period as indicated therein.
(Ord. 96-152, passed 10-7-1996; Ord. 2002-022, passed 9-16-2002) Penalty, see § 153.999
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