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§ 153.194 MOBILE HOMES, MODULAR HOMES, RECREATIONAL AND CAMPING VEHICLES.
   (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
§ 153.195 KEEPING OF HORSES.
   Horses may be kept in single-family residential districts provided that:
   (A)   Minimum acres required. The minimum acreage on which horses may be kept shall be five acres;
   (B)   Number limited based on acreage available. There shall not be more than one horse per two and one-half acres of land;
   (C)   Only mares or geldings. Only mares or geldings may be kept on lots less than ten acres;
   (D)   Fencing required. Such land shall be fenced so as to securely confine the animals. Such fencing shall not be located closer to any public right-of-way or private street than the minimum setback in the district and shall not be located closer than 15 feet from any other property line;
   (E)   No storage of manure. No storage of manure or dust-producing substances shall be permitted in any manner or quantity as creates a dangerous, injurious, noxious, or otherwise objectionable condition;
   (F)   Control of odors required. No odors may be detectable beyond the property on which such use exists;
   (G)   Building setback requirements. Any building used in connection with the keeping of horses shall be located at least 50 feet from any property line; and
   (H)   Use permit required. A use permit shall be issued by the Director to any applicant meeting the requirements of this section prior to the commencement of the keeping of horses.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
§ 153.196 FENCES AND HEDGES.
   (A)   Electrically charged fences prohibited. Electrically charged fences shall be forbidden in all districts except on sites of more than ten acres used to confine livestock.
   (B)   Use of barbed wire. Barbed wire may be used only to top standard security fences in commercial and industrial districts at a height of six feet or greater, the supports for such barbed wire shall be either vertical or lean inward above the property of the owner of the fence. Lands used for agricultural purposes, meeting the requirements of this code, shall be exempt from this provision.
   (C)   Decorative fences required. Only decorative fences shall be constructed in front setbacks or side setbacks abutting streets. Decorative fences shall mean split rail or ornamental iron or other decorative fences as approved by the Director.
   (D)   Chain link prohibited. Chain link fences shall not be permitted within front setbacks or side setbacks abutting streets in any district, except by variance granted by the Board of Zoning and Housing Appeals.
   (E)   Guardrails prohibited. Guardrails shall not be used as fencing.
   (F)   Location in front setbacks. Fences and hedges in front setbacks and/or side setbacks abutting streets and alleys in any district shall not exceed three feet in height and shall not obstruct the view of pedestrians or vehicular traffic or be detrimental to the public safety.
   (G)   Fencing agricultural uses. Lands used for agricultural purposes, meeting the requirements of this code, shall not place any fence used for the confinement of the use closer than 15 feet from any public right-of-way or private street.
   (H)   Height restriction in rear and side yards. Fences in rear setbacks and side setbacks not abutting streets and alleys shall not exceed six feet in height in residential districts or 12 feet in height commercial or industrial districts.
   (I)   Permit required. No fence shall hereafter be erected, constructed, altered, relocated, or rebuilt until an application has been filed with, and a permit issued by, the Director.
   (J)   Exemptions for temporary fences. The following temporary fences shall be exempt from the provisions of this section:
      (1)   Temporary construction fences when such fence is indicated on an approved site plan;
      (2)   Temporary fences used for special events and shown on an approved plot plan for the event;
      (3)   Temporary snow fence installed by any government agency; and
      (4)   Temporary fences installed for the protection of the public from any obvious danger.
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999
§ 153.197 HOME OCCUPATIONS.
   (A)   Purpose. The purpose of these provisions is to allow where appropriate limited, nonresidential activities in residential structures that are compatible with the neighborhoods in which such structures and related home occupation activities are located. The standards provided for in this section are intended to ensure compatibility of home occupations with other permitted uses and with the residential character of the neighborhood.
   (B)   Permitted use. A home occupation use shall be permitted within a dwelling unit provided the occupation does not occupy more than 20% of the gross floor area or 200 square feet of the dwelling unit, whichever is larger, and provided the following criteria are met. The following requirements shall apply to permitted home occupation uses.
      (1)   The home occupation shall only be conducted within a principal structure and shall not be conducted within an accessory use or structure.
      (2)   The external appearance of the principal structure shall not be altered and the home occupation within the residence shall not be conducted in a manner which would cause the premises to differ in any way.
      (3)   No more than one nonresident employee shall be engaged in such home occupation.
      (4)   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or televisions receivers off the premises, or causes fluctuations in line voltage off the premises.
      (5)   There shall only be limited sales on the premises of goods produced on the premises.
      (6)   There shall be no external indication of such home occupation other than one sign, controlled by the sign regulations in this Zoning Code under §§ 153.250 through 153.261.
      (7)   There shall be no outside storage of any kind related to such home occupation.
      (8)   Specialized tutoring or instruction shall be limited to one individual in the principal structure during the tutoring or instruction.
      (9)   No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as to use as specified under §§ 153.230 through 153.237, and shall not be located in front of the building line.
   (C)   Conditional use. It is recognized that there may exist certain home occupations that fail to meet the criteria of division (B) of this section, but which may be appropriate for a residential area provided the following additional criteria are met through the conditional use procedure of § 153.042, including the requirements therein.
      (1)   Requirements. Home occupation conditional uses shall be limited by the following criteria and/or any other conditions as determined by the Planning Commission in order to protect the residential character of the subject area.
         (a)   There shall be no more than three nonresident employees.
         (b)   The conduct of the home occupation may be approved within a structure accessory to the principal structure.
         (c)   Sales of commodities not produced on the premises may be permitted provided such commodities are specified and approved as a part of the application for a conditional use, and provided the Planning Commission determines that such sales will not become a detriment to the existing residential character of the lot or neighborhood through a resulting increase in traffic, noise, vibration, glare, fumes, odors, or electrical interference or any other factor resulting in an adverse impact.
         (d)   Organized instruction may be permitted provided the class size does not exceed six pupils during any one period of instruction, provided the Planning Commission determines that such organized instruction will not become a detriment to the existing residential character of the lot or neighborhood through a resulting increase in traffic, on-street parking, or any other factor resulting in an adverse impact.
         (e)   No outside storage of any kind associated with a home occupation conditional use shall be permitted unless it is totally screened from the adjacent residential lots and the abutting streets.
         (f)   The off-street parking requirements of §§ 153.230 through 153.237 apply and such off- street parking area shall not be located in front of the building line.
      (2)   Validity. For the purposes of this chapter, a home occupation conditional use ceases to be valid once the premises used for the home occupation is no longer occupied by the holder of the certificate of zoning compliance or upon the conduct of a home occupation in a manner not approved by the Planning Commission.
(Ord. 96-152, passed 10-7-1996)
Cross-reference:
   Off-street parking, see §§ 153.230 through 153.237
   Signs, see §§ 153.250 through 153.261
§ 153.198 SATELLITE GROUND STATIONS.
   (A)   Zoning certificate required. Prior to construction and installation of a ground satellite station, a certificate of zoning compliance shall be required to be issued by the village following compliance by the applicant with all requirements of this section, §§ 153.030 through 153.045, and all other applicable sections of this Zoning Code, as amended.
   (B)   Residential districts. Within residential zoning districts, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.
      (1)   Such ground stations or dish antennas shall be for the personal use of residents and their guests only.
      (2)   Such ground stations or dish antennas shall contain no graphic message or advertising.
      (3)   Ground-mounted stations or dish antennas shall be considered accessory structures and shall comply with the following conditions and requirements in addition to § 153.200:
         (a)   Such stations or dish antennas shall be located to the rear of the principal building or structure and shall not exceed an above-grade height of 12 feet.
         (b)   Such stations or dish antennas shall not be located closer than ten feet to a rear lot line, eight feet from a side lot line, or one foot from any easement.
         (c)   Such stations or dish antennas shall be mounted in a concrete base in line with grade and only metal supports of galvanized construction shall be utilized.
         (d)   Wiring between such stations and any other structure shall be placed underground.
         (e)   Such stations or dish antennas shall be designed to withstand a wind force of up to 90 mph without the use of supporting guy wires.
         (f)   Such stations or dish antennas shall be effectively screened from public view by shrubbery or evergreen trees planted along all visible perspectives.
      (4)   Roof-mounted stations or dish antennas shall be prohibited.
      (5)   All stations or dish antennas shall be unobtrusive in color or manufacture. The use of vegetation matching colors where appropriate or mesh construction is encouraged.
   (C)   Nonresidential districts. Within nonresidential districts, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.
      (1)   Such ground stations or dish antennas shall contain no graphic message or advertising.
      (2)   Ground-mounted stations or dish antennas shall be considered accessory structures and shall comply with the following conditions and requirements.
         (a)   Such stations or dish antennas shall be located to the rear of the principal building or structure and shall not exceed an above-grade height of 12 feet.
         (b)   Such stations or dish antennas shall not be located closer than 50 feet of a public right- of-way, 30 feet of a side or rear lot line, and not closer than 50 feet of a lot line in a residential district.
         (c)   Such stations or dish antennas shall be mounted in a concrete base in line with grade and only metal supports of galvanized construction shall be utilized.
         (d)   Wiring between such stations and any other structure shall be placed underground.
         (e)   Such stations or dish antennas shall be designed to withstand a wind force of up to 90 mph without the use of supporting guy wires.
      (3)   Roof-mounted stations or dish antennas may be permitted within nonresidential zoning districts, including PUD for nonresidential uses; however, a conditional use permit must be requested as per §§ 153.042 and approval given prior to issuance of a certificate of zoning compliance.
      (4)   All stations or dish antennas shall be unobtrusive in color or manufacture. The use of vegetation matching colors where appropriate or mesh construction is encouraged.
(Ord. 96-152, passed 10-7-1996)
Cross-reference:
   Accessory uses and structures, see § 153.200
§ 153.199 WIRELESS TELEPHONE FACILITY REGULATIONS.
   (A)   Legislative purposes. The purpose of this section is to regulate the placement, construction, and modification of wireless telecommunication facilities and their support structures in order to protect the public health, safety, and welfare, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Miami Valley Region. Specifically, the purposes of these provisions are:
      (1)   To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the village;
      (2)   To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities;
      (3)   To minimize adverse visual impacts of towers and wireless telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques;
      (4)   To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
      (5)   To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly designed, constructed, and modified, are appropriately maintained, and are fully removed;
      (6)   To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses; and
      (7)   To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.
   (B)   Applicability. All towers, antenna support structures, and wireless telecommunication facilities, any portion of which are located within the village, are subject to this section. Except as provided in this section, any use being made of an existing tower or antenna support structure on the effective date of this section shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this section. Any tower site that has received approval in the form of a zoning permit by the village, but has not yet been constructed or located, shall be considered a nonconforming structure so long as such approval is current and not expired.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANTENNA. Any panel, whip, dish, or other apparatus designed for communications through the sending and/or receiving of electromagnetic waves, excluding any support structure other than brackets.
      ANTENNA SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.
      APPLICANT. Any person that applies for a permit pursuant to this Zoning Code.
      APPLICATION. The process by which an applicant submits a request and indicates a desire to be granted a conditional use permit under the provisions of this Zoning Code. An APPLICATION includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the village concerning such a request.
      CO-LOCATION. The use of a wireless telecommunication facility by more than one wireless telecommunications provider.
      DIRECTOR. The Director of Inspection and Engineering, as set forth in the Village Charter, or his or her designee.
      EMERGENCY. A reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
      ENGINEER. Any engineer licensed by the state.
      EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
      FAA. The Federal Aviation Administration and any legally appointed, designated, or elected agent or successor.
      FCC. The Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
      MONOPOLE. A support structure constructed to a single, self-supporting hollow metal tube securely anchored to a foundation.
      TOWER. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. The term shall not include amateur radio operator’s equipment, as licensed by the FCC.
      WIRELESS TELECOMMUNICATION FACILITY. Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower antenna support structure. However, the term shall not include:
         (a)   Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial;
         (b)   Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; or
         (c)   Antennas used by amateur radio operators.
      ZONING ORDINANCE. The Zoning Ordinance of the village.
   (D)   Standards applicable to all wireless telecommunication facilities.
      (1)   Construction standards. All wireless telecommunication facilities and support structures shall be designed in accordance with Telecommunication Industry Association (TIA) standards and shall be certified by an engineer licensed in the state to be structurally sound and, at a minimum, in conformance with Ohio Basic Building Code.
      (2)   Natural resource protection standards. The location of the wireless telecommunication facility shall comply with all natural resource protection standards established either in this Zoning Code or in other applicable regulations, including those for floodplains, wetlands, groundwater protection, and steep slopes.
      (3)   Historic or architectural standards compliance. Wireless telecommunications facilities shall not be permitted in any historic district or on any property listed on the historic inventory.
      (4)   Color and appearance standards. All wireless telecommunication facilities shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission, Federal Aviation Administration, and/or by historical or architectural standards imposed under this Zoning Code. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the Planning Commission of the village.
      (5)   Advertising prohibited. No advertising is permitted anywhere upon or attached to the wireless telecommunication facility.
      (6)   Artificial lighting restricted. No wireless telecommunication facility shall be artificially lit except as required by the Federal Aviation Administration.
      (7)   Co-location. All wireless telecommunication facilities shall be subject to the co-location requirements set forth in division (E) of this section.
      (8)   Abandonment. All wireless telecommunication facilities shall be subject to the abandonment requirements set forth in division (I) of this section.
      (9)   Setback from edge of roof. Any wireless telecommunication facility and its appurtenances permitted on the roof of a building shall be set back one foot from the edge of the roof for each one foot in height of the wireless telecommunication facility. However, this setback requirement shall not apply to antennas that are less than two inches in thickness mounted to the sides of antenna support structures and do not protrude more than six inches from the side of such an antenna support structure. This requirement is subject to change by the Planning Commission of the village upon the review of the photo simulation provided in compliance with division (J)(3) of this section.
      (10)   Security enclosure required. All towers and equipment shelters shall be enclosed either completely or individually as determined by the Planning Commission. No fencing shall be permitted in a residential zone. The village and co-locators shall have reasonable access. No fence shall be required on top of a building or other structure if access to the roof or top of the structure or building is secure.
      (11)   Existing vegetation and buffer plantings. Existing vegetation (trees, shrubs, and the like) shall be preserved to the maximum extent possible. Buffer plantings shall be located around the perimeter of the security enclosure as deemed appropriate by the Planning Commission. An evergreen screen may be required around the perimeter of the property in lieu of such buffer plantings.
      (12)   Access control and emergency contact. “No Trespassing” signs shall be posted around the wireless telecommunications facility, along with a telephone number of who to contact in the event of an emergency.
   (E)   Co-location requirements.
      (1)   Jurisdiction study of potential public sites. In order to encourage the location of a wireless telecommunication facility on publicly-owned property, the Planning Commission shall undertake an identification of publicly-owned properties that the Planning Commission determines are suitable for such use. The Planning Commission shall regularly update such identification and make the results of such available to the public.
      (2)   Exemption from proof of co-location availability. Persons locating a wireless telecommunication facility upon a publicly-owned property identified in the study mentioned in division (E)(1) of this section shall be exempted from the requirements herein regarding presentation of proof that co-location is not available. However, persons locating a wireless telecommunication facility on publicly- owned property shall continue to be subject to the requirements contained in division (E)(4) of this section.
      (3)   Exemption from certain requirements. Persons locating a wireless telecommunication facility on a publicly-owned property identified by the Planning Commission to be suitable for such purposes shall be exempt from the requirements of divisions (F), (G), (H), and (I) of this section.
      (4)   Co-location design required. No new tower shall be constructed in the village unless such tower is capable of accommodating at least one additional wireless telecommunication facility owned by another person.
      (5)   Technically suitable space. Authorization for a tower shall be issued only if there is not technically suitable space reasonably available on an existing tower or structure within the geographic area to be served.
      (6)   Application requirements. With the permit application, the applicant shall list the location of every tower, building, or structure within a reasonably proximity that could support the proposed antenna. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building, or structure within such area. If another communication tower owned by another party within such area is technically suitable, the applicant must show that an offer was made to the owner of such tower to co-locate an antenna on a tower owned by the applicant on reciprocal terms within the village, and the offer was not accepted. If such co-location offer has not been attempted by the applicant, then such other tower is presumed to be reasonably available.
   (F)   Wireless telecommunication facilities in residential districts and Planned Residential Districts (PRD).
      (1)   Permitted principal use. No wireless telecommunication facility is permitted as a principal use upon a lot.
      (2)   Accessory use. A wireless telecommunication facility may be permitted as an accessory use upon a lot, subject to division (F)(3) of this section.
      (3)   Conditional use. The following wireless telecommunication facilities are permitted as a conditional use upon a lot, subject to the following requirements:
         (a)   Tower. A wireless telecommunications tower may be an accessory use to a public or institutional use within a residential zoning district, provided the Planning Commission finds the following standards have been met:
            1.   Minimum lot size for principal use. The minimum lot size for principal use for which the tower is accessory shall be five acres.
            2.   Minimum setback from property lines and residential structures. The minimum setbacks and yard requirements shall be established by the Planning Commission.
            3.   Maximum height. The height of such tower shall be subject to approval by the Planning Commission and be the minimum height necessary.
            4.   Equipment shelter. The minimum setbacks, height limits, bulk requirements, and screening standards shall be established by the Planning Commission during the conditional use process. Such shelter shall not be located above ground in any required front or side yard.
         (b)   Antenna. The Planning Commission may approve the location of an antenna extending more than 20 feet above the roof of an existing building or structure.   An antenna for a wireless telecommunication facility may be attached to an existing residential building four or more stories in height or to an existing nonresidential structure subject to the following conditions.
            1.   Roof setback. The pole structure supporting such antenna shall be setback one foot distance from the edge of such roof for each one foot of height above such roof. This requirement shall not apply to antennas two inches or less in thickness without a supporting pole structure.
            2.   Separate equipment shelter. If the applicant proposes to locate the telecommunications equipment in a separate equipment shelter, not located in or attached to the building, the equipment shelter shall comply with the accessory building regulations of the district. Such shelter shall not be located above ground in any required front or side yard.
            3.   Required buffer. A buffer shall be planted in accordance with division (D)(11) of this section.
            4.   Vehicular access. Vehicular access to the equipment shelter shall be via the existing circulation system and be paved with asphalt or concrete.
         (c)   Conditional use application and approval procedure. The procedure for conditional use application and procedure is set forth in § 153.042.
   (G)   Wireless telecommunication facilities in Suburban Office (SO), Neighborhood Commercial (NC), General Commercial (GC), Planned Commercial Development (PCD) and Planned Unit Development (PUD) Districts.
      (1)   Permitted principal use. Wireless telecommunication facilities are not permitted as a principal use upon a lot.
      (2)   Accessory use. A wireless telecommunication facility may be permitted as an accessory use upon a lot, subject to division (G)(3) of this section.
      (3)   Conditional use. The following wireless telecommunication facilities are permitted as a conditional use upon a lot, subject to the following requirements.
         (a)   Tower.
            1.   Minimum setback from property lines. The minimum setbacks and yard requirements for principal structures shall apply.
            2.   Minimum setback from residential structure. No tower shall be located a distance less than its height from a structure used as a residence.
            3.   Maximum height. The height of such tower shall be subject to approval by the Planning Commission and be the minimum height necessary.
            4.   Equipment shelter. The minimum setbacks, height limits, bulk requirements, and screening standards shall be established by the Planning Commission during conditional use process. Such shelter shall not be located above ground in any required front or side yard.
         (b)   Antenna. The antenna shall not be attached to a residential structure unless such structure is four or more stories in height.
         (c)   Conditional use application and approval procedures. The procedure for conditional use application and procedure is set forth in § 153.042.
   (H)   Wireless telecommunication facilities in Limited Manufacturing (LM) and Planned Industrial (PID) Districts.
      (1)   Permitted principal use. No wireless telecommunication facilities are permitted as a principal use upon a lot.
      (2)   Accessory use. The following wireless telecommunication facilities may be permitted as an accessory use upon a lot, subject to division (H)(3) of this section.
      (3)   Conditional use. The following wireless telecommunication facilities are permitted as a conditional use upon a lot, subject to the following requirements.
         (a)   Tower.
            1.   Maximum height. The height of such tower shall be subject to approval by the Planning Commission and be the minimum height necessary.
            2.   Minimum setback from property lines. The minimum setbacks and yard requirements for principal structures shall apply.
            3.   Minimum setback from residential structure. No tower shall be located a distance less than its height from a structure used as a residence.
            4.   Equipment shelter. The minimum setbacks, height limits, bulk requirements, and screening standards shall be established by the Planning Commission during the conditional use process. Such shelter shall not be located above ground in any required front or side yard.
         (b)   Antenna. The antenna shall not be attached to a residential structure unless such structure is four or more stories in height.
   (I)   Abandonment of tower.
      (1)   Required notification. All providers utilizing towers shall present a report to the Director notifying him or her of any tower facility located in the village whose use will be discontinued and the date this use will cease. Such report shall be filed with the Director 30 days prior to the cessation date. If at any time the use of the facility is discontinued for 180 days, the Zoning Inspector may declare the facility abandoned. The 180-day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility will receive written notice from the Zoning Inspector and be instructed to either reactivate use of the facility within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the village will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs.
      (2)   Required notice to owner. The Director must provide the tower owner 30-day notice and an opportunity to be heard before the Board of Zoning Appeals before initiating such action. After such notice has been provided, the Director shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
      (3)   Right to public hearing by owner. The Director shall provide the tower owner with the right to a public hearing before the Board of Zoning Appeals, which public hearing shall follow the 30-day notice required in division (I)(2) of this section. All interested parties shall be allowed an opportunity to be heard at the public hearing.
      (4)   Order of abatement or demolition. After a public hearing is held pursuant to division (I)(3) of this section, the Director may order the abatement or demolition of the tower. The Director may require licensee to pay for all expenses necessary to acquire or demolish the tower.
   (J)   Application and review requirements.
      (1)   Required information for applications. All applications for wireless telecommunication facilities, including towers, shall include the information required under this section.
      (2)   Plot plan required. When a proposed wireless telecommunications facility or antenna support structure is to include a new tower, a plot plan at a scale of not less than one inch equals 100 feet shall be submitted. This plot plan shall indicate all building and land uses within 200 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.
      (3)   Photo simulations required. Photo simulations of the proposed wireless telecommunication facility from affected residential properties and public rights-of-way taken at designated locations shall be provided.
      (4)   Proof why nonresidential tower location not feasible. In applying for authorization to erect a tower within any residential district, the applicant must present sufficient evidence as to why it is not technically feasible to locate such tower in a more appropriate nonresidential zone. This evidence shall be reviewed by the Planning Commission. If the Planning Commission refutes the evidence, then the tower is not permitted.
      (5)   Technical necessity. The applicant shall demonstrate that the telecommunication tower must be located where it is proposed in order to provide adequate coverage to the applicant’s service area. There shall be an explanation of why a tower and the proposed site is technically necessary.
      (6)   Review by radio frequency engineer. The evidence submitted by the applicant shall be reviewed by a radio frequency engineer, who will support or refute the evidence.
      (7)   Land owner support and access. Where the wireless telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property supports the application and vehicular access is provided to the facility.
      (8)   Required site and landscaping plan. The applicant shall present a site and landscaping plan showing the following:
         (a)   Specific placement of the wireless telecommunication facility on the site;
         (b)   The location of existing structures, trees, and other significant site features;
         (c)   Type and locations of plant materials used to screen the facilities; and
         (d)   The proposed color of the facilities.
      (9)   Co-location and removal agreement. The applicant shall present signed statements indicating that:
         (a)   The applicant agrees to allow for the potential co-location of additional wireless telecommunication facilities by other providers on the applicant’s structure or within the same site location; and
         (b)   The applicant agrees to remove the facility within 180 days after its use is discontinued.
      (10)   Denial by jurisdiction. Any decision to deny a request to place, construct, or modify a wireless telecommunication facility and/or tower shall be in writing and supported by evidence contained in a written record.
   (K)   Variances. Any request to deviate from any of the requirements of this section shall require approval of a variance in conformance with the procedures set forth in § 153.043.
(Ord. 98-122, passed 5-4-1998)
§ 153.200 ACCESSORY USES AND STRUCTURES.
   (A)   Accessory uses and structures permitted. Unless otherwise specified, accessory uses and structures shall be permitted on a lot in a residential zoning district in association with a principal use or structure provided the accessory use or structure meets the requirements of this section and the development standards of the applicable residential zoning district.
   (B)   Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY USE OR STRUCTURE. A use of land or of a structure or building or portion thereof customarily incidental and subordinate to the principal use of land or structure and located on the same lot with such principal use or structure.
         (a)   Garages, porches, decks, and other similar features that are physically attached to a dwelling structure shall not be considered accessory structures in all residential districts.
         (b)   In all residential districts, decks are permitted within ten feet of the principal building, this requirement superseding division (D)(1) of this section as to same.
   (C)   Permit required. A permit or certificate of zoning compliance shall be issued prior to the erection, addition, or alteration of an accessory structure located on any lot in conjunction with a permitted principal use.
   (D)   Residential location, exterior, size, and maintenance.
      (1)   Location. Accessory uses and structures shall be located completely to the rear of the principal structure and shall be no closer than ten feet from any part of the principal structure. Accessory uses and structures shall meet the rear and side yard setback requirements of the applicable residential zoning district. Accessory uses and structures shall not be located within a recorded easement.
      (2)   Exterior. In order to protect property values and encourage neighborhood stability, an accessory structure shall have an exterior which meets this standard and is compatible in appearance to the principal building on the parcel or lot.
      (3)   Area. The maximum permitted area of an accessory structure placed on a lot in a residential zoning district shall be based on the following lot categories on which the accessory structure is to be located.
         (a)   Lot size two acres or less. An accessory structure shall be no larger than 720 square feet, shall contain no more than one story nor shall it exceed a total height of 15 feet as measured from the floor to the top of the roof, and no door serving the accessory structure shall exceed nine feet in height.
         (b)   Lot size over two acres but less than four acres. An accessory structure shall be no larger than 1,200 square feet and shall not exceed a height of 25 feet as measured from the floor to the top of the roof.
         (c)   Lot size four or more acres. An accessory structure shall be no larger than 1,440 square feet and shall not exceed a height of 25 feet as measured from the floor to the top of the roof.
      (4)   Maintenance. Accessory uses and structures shall be maintained in good condition and kept secure from the deteriorating effect of natural elements.
   (E)   Commercial/industrial location, exterior, and maintenance.
      (1)   Location. Accessory uses and structures shall be located completely to the rear of the principal structure and shall be no closer than ten feet from any part of the principal structure. Accessory uses and structures shall meet the rear and side yard setback requirements of the applicable zoning district. Accessory uses and structures shall not be located within a recorded easement.
      (2)   Exterior. In order to protect property values and encourage neighborhood stability, an accessory structure shall have an exterior which meets this standard and is compatible in appearance to the principal building on the parcel or lot.
      (3)   Maintenance. Accessory uses and structures shall be maintained in good condition and kept secure from the deteriorating effect of natural elements.
      (4)   Site plan required. Accessory uses and structures shall be indicated on an approved site in conformance with the requirements of §§ 153.060 through 153.067 
(Ord. 96-152, passed 10-7-1996)
Cross-reference:
   Historic and architectural review, see §§ 153.080 through 153.094
   Swimming pools, see § 153.190
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