ARTICLE FIVE: SUPPLEMENTAL REQUIREMENTS
18.500 General Provisions
A. No zoning permit shall be issued for any development or use of land unless the activity is in compliance with all applicable supplementary use regulations specified in this Section.
B. In the case of conflict with zoning district dimensional regulations or other regulation of this Zoning Code, the more restrictive requirement shall apply unless otherwise specifically provided or clearly intended.
18.501 Existing Lots of Record
A. An individual lot that existed as a platted or an unplatted parcel recorded in the Franklin County Register of Deeds office prior to Jan 1, 2000 which has less than the required minimum lot area, lot width, or lot depth, and where no adjoining undeveloped land fronting on the same street was under the same ownership on said date, may be occupied according to the permitted uses of the district on which the lot is located. The following provisions are allowed:
18.502 Number of Structures and Uses on a Zoning Lot
A. Where a lot or tract is used for other than a single-family or two-family dwellings, more than one principal use and structure may be located upon the lot or tract, but only when the structure or structures conform to all requirements for the district in which the lot or tract is located.
18.503 Front Yard Exceptions and Modifications
A. Where established yards for existing platted lots or tracts of record existing prior to Jan 1, 2000 differ from required yard provision the following exceptions and modification apply:
18.504 Rear Yard Exceptions and Modifications
A. In computing the required depth of a rear yard for any building where such yard abuts on an alley, the depth of the lot may be considered as extending to the center of said alley, and the required depth of the rear yard as being measured from the centerline of said alley.
B. On the corner lots in R-1 and R-2 Districts, the owner may, at his or her option, locate a structure at an angle with the long axis of the lot so that it faces the intersecting street lines. In such cases, the front and side yards shall be as required in Article 18-607.
C. In the R-1, R-2, and R-3 Districts, a principal building may be located no closer than 20 feet to the nearest property line opposite the front line, provided that the rear yard area is no less than 30 percent of the total lot area.
D. Covered porches, whether enclosed or unenclosed, shall be considered a part of the building and shall not project into the required rear yard.
18.505 Side Yard Exceptions and Modifications
A. The distance between residential structures on the same lot may be varied, when authorized by the Board of Zoning Appeals, where the side wall of a residence is not parallel with the side will of the adjacent residence or is broken or otherwise irregular. In such case the average distance between residences shall not be less than the otherwise required least distance; provided that such distance shall not be less at any point than ½ of the otherwise required distance.
B. The width of one side yard may be reduced, when authorized by the Board of Zoning Appeals, to a width not less than 4 feet; provided further that the sum of the widths of the 2 side yards on the same lot is not less than the combined required minimum for both side yards. Such reduction may be authorized only when the Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of 2 or more lots.
18.506 (left open for future use)
18.507 Sight Triangle
A. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2 to 2 ½ feet and 8 feet above the grades of the outside edge of the street surface of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets.
B. All driveways and sidewalks access points shall have at least a 25 feet visual.
C. The City Engineer shall establish sight distance triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).
18.508 Access to Business and Industrial Districts
A. No land, which is located in a Residential District (R-1, R-2, or R-3), shall be used for a driveway; walkway or access to any land which is located in any business or industrial district.
18.509 Determination of Structure Setback line
A. The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure.
18.510 Projections Beyond Determined Setback Lines
A. Exception may be made for certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:
18.511 Height
A. No part of any structure shall project through such building plane except:
18.512 Common Open Space
A. Common open space shall be substantially free of structures, but may contain such improvements as are approved as a part of the Site plan and are appropriate for the recreation of residents of the planned unit development.
18.513 Fences
A. No fence shall be constructed which will constitute a traffic hazard.
B. No fence shall be constructed in such a manner or be of such design, that would be hazardous or dangerous to persons or animals.
C. Principal fence construction materials shall include wood, vinyl, chain link, wrought iron, aluminum, or masonry materials. Metal sheeting manufactured for the purposes of siding or roofing for a principal or accessory structure shall not be allowed for fence construction. Barbed wire fences shall only be permitted in association with an established or proposed agricultural use.
D. No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation, or which fence shall adversely affect the public health, safety and welfare.
E. An opaque screen may be required along all lot boundaries where the premises abut areas used for residential uses. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation.
F. Fences shall not exceed the following height requirements:
G. The Planning Commission may authorize the construction of a fence higher than the above requirements, or the construction of a fence using alternate materials if the Planning Commission finds the alternative height or materials is consistent with the spirit and intent of these regulations and the public welfare is served.
H. Additional screening information can be found in Article 18-1806.
(Ordinance 799: 8/22/07)
18.514 Home Occupations
A. Home occupations shall be permitted in all districts permitting dwellings.
B. Further information concerning Home Occupations are located in 18-1412 through 18-1413
18.515 Swimming Pools
A. Public or private swimming pools, bathhouses and hot tubs shall be located at least 10 feet from the nearest property line, or meet the yard setback requirements of the zoning district, whichever is greater.
B. All private swimming pools, hot tubs and spas shall meet the requirements of Appendix G of the 2003 International Residential Code, as amended by the City of Wellsville.
C. Bathhouses, pool equipment sheds, spas, and hot tubs shall meet the yard requirements for the zoning district in which they are located.
D. Additional requirements concerning pools are located in Section 18-1417.
(Ordinance 823: 1/13/10)
18.516 Specific Use Requirements
A. Bed and Breakfast
(a) The establishment is located in a dwelling unit permanently occupied by the owner or manager, wherein as an accessory use to the residential use, rooms are rented to the public for not more than 14 consecutive nights.
(b) 2 off-street parking spaces with 1 additional off-street parking space per lodging room shall be provided, and said spaces shall be adequately screened from neighboring property.
(c) A time period shall be established for each bed and breakfast establishment.
(d) A limit may be established on the number of lodging rooms allowed.
B. Clubs, Private
C. Condominium
D. Fraternal and /or Service Clubs
E. Greenhouse
F. Industrial Park
G. Manufactured Homes
(a) Built on a chassis;
(b) Less than 400 square feet when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.
H. Mini Warehouse
I. Motorized Recreational Vehicle / Trailer
J. Recycling Facilities
(a) Small recycling collection center: A center for collection containers or reverse vending machines not exceeding 100 square feet in ground area which may be approved by the Zoning Administrator as an accessory use in all institutional business and industrial districts and on church and public property. Such a center may be located in the required front yard in business and industrial districts and on public property if proper vehicular safety and parking standards can be maintained.
(b) Large recycling collection center: A center for collection containers larger than 100 square feet in ground area, on-site trailers, bulk-feed reverse vending machines, vehicles on-site during operating hours only and the like. Such a center may be approved as a conditional use for an accessory use in all institutional, business and industrial districts and on church and public property.
(c) Recycling processing center: A principal use in industrial districts only for handling the collection and processing of large volumes of bulky materials, some of which may originate at other recycling centers. Mechanical equipment may be used such as forklifts, balers, compactors and other related equipment. Outdoor storage may be permitted.
K. Salvage Items
In Residential Districts, this definition shall not prevent the storing of any more than two inoperable or unlicensed motor vehicles for a period of more than 72 hours which are in the process of restoration to operating condition, unless such vehicles are stored inside a structure or screened from public view.
L. Shipping Containers
(a) The use of temporary shipping containers requires the issuance of a temporary use permit from the Building Official.
(b) The maximum size of all shipping containers on any zoning lot at any one time shall be 2,100 cubic feet. (this will allow for two containers measuring 16'x8'x8').
(c) The maximum number of shipping containers on any zoning lot at any one time shall be two.
(d) In residential districts, shipping containers are allowed for a maximum period of 30 days. Time extensions of up to an additional 30 days may be approved by the Building Official. In all other districts, shipping containers are allowed for a maximum period of 60 days Time extensions of up to an additional 30 days may be approved by the Building Official
(e) No shipping container can be placed within any right-of-way or upon any sidewalk.
(f) All shipping containers must be placed on a paved surface. Such paved surface must be a level, solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non biodegradable materials.
(g) No shipping container can be placed in such a way that it blocks visibility for motorists, or otherwise presents a safety hazard, in the judgment of the Building Official.
(a) The use of shipping containers as permanent accessory structures requires the issuance of a building permit.
(b) Maximum number of shipping containers: One shipping container per each 1/2 acre of lot area, up to a maximum of three storage containers.
(c) Maximum size of shipping container is 1,360 cubic feet (8x8.5x20)
(d) Maximum height is 8.5 feet
(e) No shipping container may be placed on a lot which does not contain a principal structure, unless such lot is adjacent to and under the same ownership as a lot with a principal structure.
(f) All signage on the shipping container shall be removed and the shipping container shall be painted a color that is compatible to the environment in which it is placed.
(g) Shipping containers shall not be stacked on top of each other and shall be safe, structurally sound, stable, in good repair, and in compliance with any other City requirements, including building codes.
(h) Adequate means for fire and emergency vehicles access to shipping containers shall be provided.
(i) Shipping containers may not be stored in a manner that impedes access to public right-of-ways, public utility or drainage easements, adjacent structures, and buildings.
(j) Use: Shipping containers may only be used for the storage of materials that are incidental to the primary use on the site. No storage of hazardous or flammable materials are allowed. Shipping containers may not be used for residential or retail purposes.
(k) Paving: All shipping containers must be placed on a paved surface. Such paved surface must be a level, solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non biodegradable materials.
(l) Screening and Landscaping: The perimeter of the area on which shipping containers are placed shall be screened from adjoining properties and from the street. Screening may consist of existing vegetation, new vegetation, fencing, berms, or other on-site structures that significantly obscure the visual presence of the container from off-site locations. The container shall not be predominantly visible from any public street or from any residential property.
(m) Setbacks and Separation distance:
18.517 Moving a Structure
18.518 Demolition of a Structure
18.519 Vested Rights
A. For the purpose of single-family residential development in the R-1, R-2, or R-3 districts, development rights for land shall vest upon recording of the final plat for such land. If construction has not begun within 5 years of recording the plat, the development rights shall expire unless an extension is granted.
B. For all non-single family development, development rights for land shall vest upon the recording of a final plat or approval of the site plan or specific construction documents for such land. If all permits required for such development have not been issued and the start of construction and the completion of substantial amounts of work under the validly issued permits has not begun within 1 year of approval of the site plan, the development rights shall expire unless an extension is granted.
C. The Planning Commission may for good cause as presented by the applicant grant a single extension of vested rights. Vested rights for single-family development shall not be extended for more than 1 year. For all non-single-family development, an extension of not more than 6 months may be granted. Applicants seeking an extension shall submit a statement in writing, justifying the extension. In considering an extension, the Planning Commission shall consider the following factors, as well as other relevant considerations: