Zoning Resolution Article 23

SPECIAL REGULATIONS

 

23.0    General

 

It is the purpose of these special regulations to promote the public health, safety and welfare and to establish regulations affecting uses and practices which, were they to be established and maintained without any guidance or restrictions or control, tend to result in dangerous situations threatening the safety of citizens, to contribute to circumstances undermining the morals of the youth of the community, or to general conflicts in uses or practices upsetting the harmony of the community and impinging upon the property rights of others.

 

23.1    Drug Paraphernalia Establishments as Prohibited Uses

 

Drug paraphernalia establishments as herein defined are and shall be prohibited uses within all districts within this township.  Any person who establishes, operates or maintains a drug paraphernalia establishment, or instigates or participates in such action, shall be in violation of this section and shall be guilty of a misdemeanor of the first degree, in addition to any other penalties specified in this resolution.

 

23.2    Massage Establishments as Prohibited Uses

 

No person, firm, partnership, corporation or other entity shall operate a massage establishment within the unincorporated territory of Vermilion Township.  This prohibition does not apply to the practice of any limited branch of medicine or surgery in accordance with RC4731.16 or the practice of providing a therapeutic massage by a licensed physician, a licensed chiropractor, a licensed podiatrist, a licensed nurse, or any other health professional, certified or registered to participate in the State of Ohio.

 

23.3    Non-Permitted Uses

 

            The following uses shall not be allowed in any zoning district:

 

            1.   Coaches, bus bodies, vans and street cars and railroad cars used for dwellings.  Any of the aforementioned heretofore and presently used for dwelling purposes as a nonconforming use, that become unoccupied or abandoned for a period of thirty days must be torn down or otherwise removed from the premises.

 

            2.   Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, offal or dead animals, except as resultant from normal domestic use of the premises, unless such dumping is done at a place recommended by the Zoning Commission and provided for by the Township Trustees for such specific purpose.

 

23.4    Regulations of Swimming Pools as Accessory Uses

 

            Purpose

 

                  It is the purpose of this Section to promote the public health, safety and welfare through the regulation of swimming pool facilities which are constructed, operated or maintained as an accessory use.

 

23.5    Private Swimming Pools

 

            No private swimming pool, exclusive of portable swimming pools with a diameter of less than twelve (12) feet or with an area of less than one hundred (100) square feet, or of a farm pond, shall be allowed in any residential district or commercial district except as an accessory use and shall comply with the following requirements:

 

            1.   The pool is intended to be used and is used solely for the enjoyment of the occupants of the property on which it is located and their guests.

            2.   The pool must be located in the rear yard and shall not be located closer than ten (10) feet to any property line or easement.

            3.   The swimming pool, or the entire property upon which it is located, shall be walled or fenced in such a manner as to prevent uncontrolled access by children from the street and from adjacent properties.  No such fence shall be less than four (4) feet in height and it shall be maintained in good condition with a gate and lock.

 

23.6    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 or association, for use and enjoyment by members and their families.  Such swimming pools shall comply with the following requirements.

 

      1.   The pool is intended solely for and is used 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 area used by the bathers, shall not be located closer than seventy-five (75) feet to any property line or easement.

      3.   The swimming pool, its accessory facilities and all of the area used by the others shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties.  The said fence or wall shall not be less than eight (8) feet in height and maintained in good condition with a gate and lock and screened from adjacent properties.  The area surrounding the enclosure shall be suitable landscaped with grass, hardy shrubs and trees and maintained in good condition.

      4.   Exterior lighting shall be so shaded or directed that it does not cast light directly upon adjacent properties.

 

      5.   Such pool facilities shall not be operated prior to 8:00 a.m. in the morning or after

            10:00 p.m. in the evening.

 

23.7    Regulation of Long Term Parking Facilities as Accessory Uses

 

This section shall apply to the location and operation of any long term parking facility as an accessory use.

 

      Purpose

 

      It is the purpose of Section 23.14 to regulate long term parking facilities constructed, operated or maintained as accessory uses, in order to promote the public health, safety and welfare.

 

23.8    Conditional Use Permit Required

 

No person shall establish, operate or maintain on any premises a commercial parking facility where any vehicles, to include tractors, trailers, boats, campers, recreational vehicles, buses, trucks or automobiles, are to be parked for a continuous period exceeding six days without obtaining a conditional use permit for such accessory use.

 

23.9    Permit Requirements

 

In addition to complying with all other provisions of this resolution, particularly the requirements of Article 9, the application fee for the conditional use permit shall give evidence that the premises proposed for such use complies with the following conditions:

 

            1.   That no boundary of the proposed outside parking are is within fifty (50) feet of a residential district boundary.

            2.   That the proposed parking area will not prevent access to adjacent properties by fire safety equipment.

            3.   That the proposed parking area will be screened in such a manner that the vehicles thereon parked will not be visible from the ground level of any adjacent residential properties.

            4.   That fencing and lighting of the facility will be sufficient to provide for its reasonable security.

            5.   That no service work, maintenance work, repair work, painting work, or other vehicular work shall take place on the premises.

 

23.10  Regulation of Home Occupation

 

            Purpose

 

                  It is the purpose of this section of this resolution to promote the public health, safety and welfare through the regulation of home occupations.  It is further the intent of this section to allow limited non-residential uses in residential structures which are compatible with the residential character of their surroundings.

 

23.11  Definition

 

            “Home occupation” means an accessory use which is an activity, profession, occupation, service, craft or subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit without any significant adverse effect upon the surrounding neighborhood.  Activities such as teaching, tutoring, tax consulting and the like involve not more than three receivers of such services at any one time, with the exception of certified or uncertified Type B Family Day Care Homes, shall constitute a residential use and not an accessory use.

 

23.12  Regulation of Group Residential Facilities

 

            Purpose

 

            It is the purpose of this section to regulate the location, operation and maintenance of group residential facilities, in order to promote the public health, safety and welfare.  It is the intent of this section to provide for the assimilation of these facilities in stable and suitable neighborhoods so that the living environment of their residents are conducive to their rehabilitation.

 

23.13  Definition

 

            “Group Residential Facility” shall mean any community residential facility, licensed and/or approved and regulated by the State of Ohio, which provide rehabilitation of dependent or pre-delinquent children, the physically handicapped or disabled, or those with development disabilities or mental illnesses.  A Class I Type A group residential facility contained six or more residents, exclusive of staff.  A Class I Type B group residential facility contains five or less residents, exclusive of staff.

 

            Class II:  Any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing;  a halfway house providing residence for persons leaving correctional institutions;  and residential rehabilitation centers for alcohol and drug users, provided detoxification.  A group residential facility contains six or more residents, exclusive of staff.  A Class II Type B group residential facility contains five or less residents, exclusive of staff.

 

23.14  Conditional Use Permit Required

 

            A Class I Type B group residential facility is permitted by right in any residential district.  No other group residential facility shall be established, operated or maintained on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of Article 9 of this resolution.  In addition to said provisions, such group residential facilities shall comply with the following conditional use criteria:

 

            1.      Evidence is presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency.

            2.      Evidence is presented that the proposed facility meets local fire safety requirements for the proposed use and level of occupancy.

            3.      Evidence is presented that the proposed facility will not generate an unreasonable increase in traffic volume or required special off-street parking.

            4.      Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located.

                                   5.      No such facility may be located within six hundred (600) feet of another such facility.

            6.      No signs shall be erected by such facility for purposes of identification except a permitted street address sign.

            7.      The exterior of all such facilities shall not be altered in character, but shall be compatible with other residential dwellings.  However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.

            8.      Such facility shall be reasonably accessible, by virtue of its location or transportation provided by the applicant, to medical, recreational and retail services required by its residents and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.

            9.      The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighboring residents, to include a structured procedure whereby their grievances may be filed and resolved.

            10.    The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve and the location and type of similar facilities operated by the applicant.

 

23.15  Zoning of Group Residential Facilities

 

            Group residential facilities shall be conditionally permitted uses as follows:

 

            Class I Type A                                                           R-3

            Class I Type B                                   Permitted by right in all residential districts

            Class II Type A                                                          R-3

            Class II Type B                                                          R-3

 

23.16  Variance to Distancing Requirement

 

            The Board of Zoning Appeals may grant a variance with respect to the distancing requirement contained in Article 7 if the applicant clearly demonstrates that the proposed location has unique advantages with respect to proximity to employment opportunities, social services, public transportation or similar amenities.

 

23.17  Regulation of Factory Built Housing;  Design and Appearance Standards

 

            This section shall apply to the construction and maintenance of factory built housing in all districts other than the manufactured home park district (R-MH).

 

23.18  Purpose

 

            It is the purpose of  this Section  to promote the health, safety and welfare of the community by establishing regulations governing the site, construction and maintenance of factory built housing.  It is further the intent of these sections to permit a wider range of housing opportunities while assuring the compatibility of a variety of housing types within certain residential districts.

 

23.19  Definitions

 

            “Factory built housing” means a factory built structure designed for long term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site.  For the purposes of this resolution, “factory built housing” shall include the following manufactured home and mobile home.

 

23.20  Site Requirements

 

            Any factory built housing proposed to be located in any district shall comply with the following requirements:

 

            1.   The structure shall be installed upon and properly attached to a foundation system that provides adequate support of the structure’s vertical and horizontal loads and transfers these and other imposed forces, without failure, from the structure to the undisturbed ground below the frost line.

            2.   All hitches, axles, wheels and conveyance mechanisms shall be removed from the structure.

            3.   The structure shall be so oriented on the site, that is long axis is parallel with the street, except where diagonal placement and the addition of a garage, carport or other accessory structure may be permitted by subdivision regulation and yard requirement.

            4.   The site shall be suitable landscaped with adequate screening devices as elsewhere required.

            5.   The site of the structure shall comply with all yard and setback requirements in effect for the district for which it is proposed.

            6.   The site of the structure shall comply with all parking requirements in effect for the district for which it is proposed.

            7.   The site shall be serviced by utilities in such manner as required by resolution.

 

23.21  Zoning of Factory Built Housing

 

Mobile homes shall not be permitted in any district unless otherwise specified in this resolution.  Manufactured homes and modular homes which meet the design and appearance standards contained in Section 23.22 shall be permitted accordingly.

 

23.22  Single Family Design and Appearance Standards

 

Single family residential homes, whether modular, manufactured or site-built construction, shall comply with the following design and appearance standards:

 

1.   The structure shall be in conformance with the site requirements contained in Section 23.20.

2.   The structure and any accessory structures or uses will conform to all other regulations in effect for the district in which it is located.

3.   The minimum floor area for every dwelling located on a lot in any zoning district shall be one thousand (1,000) square feet for a one floor dwelling and one thousand two hundred (1,200) square feet for a two floor dwelling excluding the area for basements, porches, attached garages or utility rooms.  (EFFECTIVE 5/2/03)

4.   The minimum width of a dwelling located on a lot outside of a mobile home subdivision shall be twenty (20) feet.

5.   Manufactured homes must have a state certification number from the Ohio Board of Building Standards to ensure compliance with the Ohio Building Code.

 

23.23  No Single Family Home Conversion

 

Single family homes may not be converted to two family homes except in two family districts and then only if they meet the floor area requirements.