Article 29

ARTICLE 29

SPECIAL REGULATIONS

 

29.0                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 circumstance undermining the morals of the youth of the community or to generate conflicts in uses or practices upsetting the harmony of the community and impinging upon the property rights of others.

29.1                Regulation of Satellite Dish Antennas   

Sections 29.2 to 29.5 inclusive shall apply to the location and construction of dish type satellite signal receiving antennas as herein defined.

29.2                Purpose     

It is the purpose of Sections 29.05 to 29.30 inclusive to regulate the location and construction of dish type satellite signal receiving antennas within the township in order to protect the public health, safety and welfare of the residents, particularly with respect to the maintenance of utility easements and fire safety accesses, the prevention of the accumulation of noxious weeds and debris, the safety considerations associated with windloads and the reasonable accommodation of the aesthetic concerns of neighboring property owners.

29.3                Definitions  

The following definitions shall apply in the interpretation of this Resolution:

“Dish shall mean that part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolic or similar in shape.

“Dish type satellite signal receiving antennas” to include earth stations or ground stations, whether functioning as part of a basic service system, direct broadcast satellite system or multi-point distribution service system, shall mean one or a combination of two or more of the following:

  1. A signal receiving device such as a dish antenna whose purpose is to receive communications or signals from earth orbiting satellites or similar sources.
  2. A low noise amplified (LAN) whose purpose is to boost, magnify, store, transfer or transmit signals.
  3. A coaxial cable, whose purpose is to convey or transmit signals to a receiver.

 

“Receiver” shall mean the apparatus whose purpose is to obtain a signal from a cable or like source and transform it to a television signal.

29.4                Zoning Permit Required   

No firm or corporation shall undertake the construction, erection or installation of any satellite dish without a zoning permit issued in accordance with the provisions of this Resolution.  In addition to the requirements of Article 31 of this Resolution, the application for such permit shall include the following:

  1. A description of the type of earth station proposed;
  2. A plot plan of the lot, premises or parcel of land showing the location of the proposed earth station and all other buildings thereon;
  3. Plans depicting the specifications and elevations of the proposed earth station;
  4. Details of the method of assembly and construction of the proposed earth station;
  5. A fee as required for the review of plans and specifications and the inspection of construction.

 

29.5                Ground Mounted Satellite Dish Antennas  

Ground mounted satellite dish antennas are considered as accessory structures and are permitted as accessory uses in all districts.  In addition to the provisions of this Resolution pertaining to accessory structures, the following provisions shall apply to ground mounted satellite dishes:

  1. The maximum diameter of any ground mounted satellite dish shall not exceed twelve (12) feet;
  2. The maximum height of any ground mounted satellite dish shall not exceed fifteen (15) feet at its highest point above the finished grade;
  3. The satellite dish apparatus shall be painted a color which complements its environment and shall bear no advertisement, lettering, picture or visual image;
  4. The apparatus shall not be located in a side yard or a front yard;
  5. The site of the apparatus shall be screened with shrubbery and/or landscaped as proposed in the zoning permit application;

 

  1. The apparatus shall be mounted upon a solid concrete slab and shall be constructed in such manner that it will withstand wind forces of up to seventy five (75) miles per hour;
  2. Only metal supports of galvanized construction shall be used;
  3. Any guy wires attached to a satellite dish apparatus shall be enclosed by an approved fence.
  4. Any driving motor shall be limited to 110 volt maximum power and shall be encased in a protective guard;
  5. All wiring between the apparatus and any other structure shall be placed underground in approved conduit;
  6. The apparatus shall be bonded to an approved eight (8) foot grounding rod.

29.6                Variance on Locational Characteristics    

An applicant may request a variance from the accessory building requirements and the required height restrictions in compliance with the procedures of Article 7 of this Resolution.  In addition to all requirements of these sections, the applicant shall submit clear and convincing evidence that the requested variance is necessary in order for the satellite dish antenna to have a direct line of sight or unobstructed view of the satellite.  In any case where the provision applies, the variance granted by the Board of Zoning Appeals shall be the minimum variance required to achieve the necessary direct line of sight to assure that the antenna can properly function.

29.7                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.

29.8                Regulations of Swimming Pools as Accessory Uses Purpose  

It is the purpose of Section 29.10 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.

29.9                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 farm ponds, 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 twelve (12) 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 six (6) feet in height and it shall be maintained in good condition with a gate and lock.

 

29.10              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 bathers 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 suitably 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 of and after 10:00 p.m. in the evening.

 

29.11              Regulation of Long Term Parking Facilities as Accessory Uses  

Sections 29.12 to 29.14 inclusive shall apply to the location and operation of any long term parking facility as an accessory use.

 

 

Purpose

It is the purpose of Section 29.12 to regulate long term parking facilities constructed, operated or maintained as accessory uses in order to promote the public health, safety and welfare.

29.12              Conditional Use Permit Required  

No person shall establish, operate or maintain on any premises as an accessory use a 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 (6) days without obtaining a conditional use permit for such accessory use.

    1. Permit Requirements   

 

In addition to complying with all other provisions of this Resolution, particularly the requirements of Article 9, the applicant 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 area 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.

 

    1. Regulation of Home Occupations 

Purpose

It is the purpose of this section of the 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.

29.15              Definition  

“Home Occupation” means an accessory use which is an activity, profession, occupation, service, craft or revenue enhancing hobby which is clearly incidental and 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 services at any one time, with the exception of certified or uncertified Type B Family Day Care Homes, which constitute a residential use and not an accessory use.

29.16              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 environments of their residents are conducive to their rehabilitation.

29.17              Definition  

“Group Residential Facility” shall mean any community residential facility, licensed and/or approved and regulated by the State of Ohio, which provide rehabilitative or habilitative services.  There are two classes of Group Residential Facilities:

Class I:  Any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or predelinquent children, the physically handicapped or disabled or those with development disabilities or metal illnesses.  A Class I Type A group residential facility contains six (6) or more residents, exclusive of staff.  A Class I Type B group residential facility contains five (5) 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 is expressly prohibited on such premises.  A Class II Type A group residential facility contains six (6) or more residents, exclusive of staff.  A Class II Type B group residential facility contains five (5) or less residents, exclusive of staff.

29.18              Conditional User 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 service 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 neighborhood 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.

 

29.19              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

 

    1. 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 advantage with respect to proximity to employment opportunities, social services, public transportation or similar amenities.

29.21              Uniformity With Respect to Granting of Conditional Use Permits
           
The granting of conditional use permits for the establishment of Group Residential Facilities shall be uniformly and equitably done, irrespective of considerations beyond the scope of these regulations.

29.22              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).

29.23              Purpose  

                        It is the purpose of Section 29.24 inclusive of this Resolution to promote the health, safety and welfare of the community by establishing regulations governing the siting, 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.

    1. 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 manufactured home and mobile home.

29.25              Siting 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.

 

  1. All hitches, axles, wheels and conveyance mechanisms shall be removed from the structure.
  2. The structure shall be so oriented on the site that its long axis is parallel with the street and it shall have an entranceway facing 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.
  3. The site shall be suitably landscaped with adequate screening devices as elsewhere required.
  4. The siting of the structure shall comply with all yard and setback requirements in effect for the district for which it is proposed.
  5. The siting of the structure shall comply with all parking requirements in effect for the district for which it is proposed.
  6. The site shall be serviced by utilities in such manner as required by Resolution.

29.26              Zoning of Factory Built Housing  

Mobile homes shall be permitted only in approved mobile home parks.  Manufactured homes and modular homes which meet the design and appearance standards contained in Section 29.27 shall be permitted accordingly.

    1. Single Family Design and Appearance Standards 

 

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

  1. The structure shall be in conformance with the siting requirements contained in Section 29.25.
  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.

 

29.28              Uniformity With Respect to Granting of Variances  

The granting of variances from the requirements of this Resolution with respect to the siting of single family home structures, their design or appearance, shall be uniformly and equitably done.

29.29              Massage Establishments 

Massage Establishments includes any place of business where a person offers massages in exchange for anything of value or in connection with the provisions of another service.

No person, firm, partnership, corporation or other entity shall operate a massage establishment within the unincorporated territory of Berlin Township.  This prohibition does not apply to the practice of any limited branch of medicine or surgery in accordance with R.C. 4731.15 and 4731.16 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 licensed, certified or registered to practice in the State of Ohio.

29.30              Fences, Walls and Other Protective Barriers  

                        General:

  1. The erection, construction or alteration of any fence, wall or  other type of protective barrier shall be approved by the Zoning Inspector as to their conforming to the requirement of the zoning district wherein they are required because of land use development and to the requirements of this Section.

 

  1. No fence, wall, structure or planting shall be erected, established or maintained on any corner lot which will obstruct the view of a drive or a vehicle approaching the intersection, excepting that shade trees would be permitted where all branches are not less than eight (8) feet above the road level.  Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points twenty five (25) feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property lines extended.  This shall not prohibit the establishment of shrubbery thirty (30) inches or less in height.

Residential

  1. Side and Rear Fences:  Fences constructed within a side or rear yard shall not be higher than six feet six inches except as provided herein:

 

  1. Planting, Fences and Walls in Front Yard:  No fence, wall or hedge shall rise over three (3) feet in height on any required front yard.  No fence, wall or hedge planting shall interfere with visibility from a driveway.
  1. Fences n recorded lots having a lot area in excess of five (5) acres and a frontage of at least two hundred (200) feet and acreage or parcels not included within the boundaries of a recorded plat, in all residential districts are excluded from these regulations.

 

  1. Fences on lots or record shall not contain barbed wire, electric current or charge of electricity.
  1. Fences which enclose public or institutional parks, situated within an area developed with the recorded lots shall not exceed eight (8) feet in height, measured from the surface of the ground and shall not obstruct vision to an extent greater than twenty five (25%) percent of their total area.

 

f.          In side and rear yards, plantings, walls, wooden fences and
and any fences exceeding three (3) feet in height shall be set back from the property line a minimum distance of two (2) feet (measured from the side of the fence facing the property line) to allow for maintenance of the fence.  The “good” side of the erected fence must face the property line.

Commercial

  1. Fences in commercially zoned districts shall be limited to a height of eight (8) feet and be of sturdy construction, of uniform design, painted and/or otherwise well maintained.

 

  1. Fences in commercially zoned districts shall be set back at least twenty five (25) feet from the road right-of-way.
  1. The use of barbed wire on fences in a commercial district shall require approval of the Zoning Board of Appeals and the following conditions shall be met:

 

  1. Barbed wire may be used on a security fencing, but shall be limited to three (3) strands.
  2. Barbed wire shall not project beyond the property line.
  3. Barbed wire shall not be used less than eight (8) feet from grade.

Industrial

  1. Fences in industrially zoned districts shall be limited to a height of eight (8) feet and be of sturdy construction, of uniform design and painted and/or otherwise well maintained.

 

  1. Fences in industrially zoned districts shall be set back at least twenty five (25) feet from the road right-of-way.
  1. Barbed wire may be used on security fencing in the Industrial District, subject to the following regulations:

 

  1. Barbed wire shall be limited to three (3) strands.
  2. Barbed wire shall not project beyond the property line.
  3. Barbed wire shall not be used less than six (6) feet from grade.