Tx:8391494

2.0240R.007384

LINDA HOi'FMAINN

MEDINA COUNTY RECORDER MEDINA, OH RECORDED ON

05/17/202.4 04:05 PM

 

 

LINDA HOFFMANN

 

 

 

 
(DO NOT REMOVE THIS COVER SHEET. THIS IS THE FIRST PAGE OF THIS DOCUMENT)

 

 

ZONING RESOLUTION

Granger Township Medina County, Ohio 2024

Effective Date: April 10, 2024

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UPDATED ZONING RESOLUTION, includes:

•       Recently adopted amendments to Articles I and II

•       Updated cross references to revised articles

•       Consistent outlining scheme

Prepared 5/14/24 by CT Consultants

 

 

EFFECTIVE DATE

 

This Revised Resolution shall take effect and be in full force and effect from and after the earliest period allowed by law.

 

Recommended by the Township Zoning Commission Date:                        December 12, 2023 Chairman:                        Mary Moehring

 

Adopted by the Granger Township Trustees Date:                        March 11, 2024

Trustees: Effective Date:

John H. Ginley Jr., Richard L. Pace, Teri A. Berry April 10, 2024

Attested to by the Fiscal Officer of the Township

Fiscal Officer:  Donald L. Baker

 

 

Granger Township Trustees:

Teri A. Berry John H. Ginley Jr. Richard L. Pace

 

Granger Township Fiscal Officer: Donald L. Baker

Granger Township Zoning Inspector: Randall Davis

Granger Township Zoning Secretary: Dawne Bowman

Granger Township Zoning Commission:

Clifford Bender Robert Bairas Richard Mikut Mary Moehring Jeff Smith

 

Granger Township Board of Appeals: Tom Boruvka

Edward Long Michael Moehring Douglas Patty Chris Tejpal

TABLE OF CONTENTS

EFFECTIVE DATE........................................................................................................................ ii

ARTICLE I: TITLE, AUTHORIZATION, PURPOSE........................................................................... 1

101     Title......................................................................................................................... l

102     Authorization............................................................................................................. 1

103     General Purpose....................................................................................................... 1

104     Interpretation and Application..................................................................................... 2

105     References & Rules of Word Usage.............................................................................. 2

106     Validity and Separability.............................................................................................. 3

ARTICLE II: GENERAL PROVISIONS............................................................................................. 4

201     Establishment of Zoning Districts.................................................................................. 4

202     Zoning Districts Map................................................................................................... 4

203     Compliance Required................................................................................................. 5

204     Regulations Applicable to All Districts........................................................................... 5

205     General Regulation of Lots.......................................................................................... 7

206     General Regulation of Buildings, Structures and Construction........................................... 9

207     Accessory Buildings and Structures............................................................................. 11

208     Wireless Telecommunications Facilities and/or Towers................................................ 16

209     Outdoor Display/Sales & Outdoor Storage in Commercial & Industrial Districts................. 21

210     Agritourism                                                                                                              24

211     Temporary Uses and Buildings                                                                                   26

ARTICLE Ill: DISTRICT REGULATIONS........................................................................................ 28

301     R-1 Residential District                                                               28

302     R-2 Residential District                                                                  32

303     C-1 Local Commercial District..................................................................................... 34

304     C-2 General Commercial District................................................................................. 44

305     C-3 Commercial District............................................................................................. 58

306     1-1 Industrial Commercial Districts                                                                               66

307     POD Planned Development District                                                                              68

ARTICLE IV: SIGN REGULATIONS............................................................................................. 89

401    Purpose and General Provisions................................................................................. 89

402    Permanent On-Premise Signs.................................................................................... 93

403. Changeable Copy/Electronic Message Signs................................................................ 97

404     Off-Premise Outdoor Advertising Signs (Billboards)....................................................... 98

405     Temporary Signs                                                                                                      99

406     Prohibited Signs.................................................................................................... 101

407      Design, Construction and Maintenance Standards..................................................... 102

408      Enforcement......................................................................................................... 105

ARTICLE V: CONDITIONAL ZONING PERMITS........................................................................ 106

501    Purpose............................................................................................................... 106

502    Procedures for Making Appfication.......................................................................... 106

503    Basis of Determination............................................................................................ 107

ARTICLE VI: NONCONFORMING USES.................................................................................. 116

601... Regulations.......................................................................................................... 116

ARTICLE VII: ADMINISTRATION & ENFORCEMENT............................................................... 118

701... Administration...................................................................................................... 118

702... Enforcement......................................................................................................... 125

ARTICLE VIII: VALIDITY & SEPARABILITY.............................................................................. 127

ARTICLE IX: REPEALER......................................................................................................... 127

ARTICLE X: DEFINITIONS........................................................................................................ 128

GRANGER TOWNSHIP ROADS.............................................................................................. 139

ARTICLE I: TITLE, AUTHORIZATION, PURPOSE

 

101            Title

This Resolution shall be known as the Granger Township Revised Zoning Resolution (the "Resolution") for Granger Township, Medina County, Ohio (the "Township"), hereafter referred to as "Resolution".

 

A.     The Resolution is adopted as of May 8, 2017 and as subsequently amended together with the Zoning Map. Any other Zoning Resolutions of the Township are hereby superseded and amended to read as set forth in this Resolution.

 

B.     Any amendments to the Resolution shall become effective from and after the date of their approval and adoption, as provided by law.

 

102            Authorization

This Resolution is established in accordance with Ohio Revised Code ("ORC") Sections

519.01 - 519.99.

 

103            General Purpose

In the interest of the public health, safety, convenience, comfort, prosperity, and general welfare of the residents of the unincorporated area of Granger Township, Medina County, Ohio, and to conserve and protect property and property values, and to provide for the maintenance of the rural character of Granger Township, and to manage orderly growth and development in the Township, the Board of Trustees found it necessary and advisable to adopt the Resolution as a comprehensive plan of zoning, which will regulate the location, height, bulk, number of stories, and size of buildings and other structures, percentages of lot area that may be occupied, building setback lines, size of yards and other open spaces, density of population, the uses of buildings and other structures and the uses of land for trade, industry, residence, recreation, or other purposes; and for such purposes to divide the unincorporated area of the Township into zoning districts and to provide for the administration and enforcement of such regulations.

 

All regulations shall be uniform for each class or kind of building or other structure or use throughout any district or zone, but the regulations in one district or zone may differ from those in other districts and zones, except as otherwise permitted by ORC Section 519.021, which provides that within a planned-unit development, the Zoning Resolution, where applicable, need not be uniform, but may vary in order to accommodate unified development and to promote the public health, safety, morals, and the other purposes of ORC Section 519.021.

 

104            Interpretation and Application

 

A.      In their interpretation and application, the provisions of this Resolution, and any amendments thereto, shall be held to be the minimum requirements, unless otherwise clearly specified. They shall be held to be such minimum requirements for the purpose of promoting the public health, safety, convenience, comfort, prosperity, or general welfare of the residents of the Township.

 

B.      No provision of this Resolution shall repeal, abrogate, annul, amend, modify, impair or interfere with existing deed or plat restrictions, restrictive covenants, easements, or agreements between parties relating to the use of property.

 

C.     When this Resolution imposes more restrictive requirements upon the use of land or a building than imposed by regulations of the State of Ohio, other Township ordinances, the provisions of this Resolution shall govern. Conversely, other regulations shall govern where they are more restrictive in nature than this Resolution.

 

D.     Where a section of the Resolution is found to be incompatible or inconsistent with another section of the Resolution, the more restrictive language or requirement shall be the applicable regulation.

 

105            References & Rules of Word Usage

 

A.     The following rules of word usage apply to the text of this Resolution:

 

1.           The particular shall control the general.

 

2.           The words "shall" and "must" are always indicative of the mandatory and never the discretionary.

 

3.           The words "may" and "should" are always indicative of the permissive.

 

4.            Any use of a pronoun shall be construed as gender neutral by referring to no specific gender and inclusive of all.

 

5.            Any reference to a section shall refer to that specific section within the Resolution, unless otherwise explicitly stated.

 

6.           Where any regulation of this Resolution involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "either...or", the conjunction shall be interpreted as follows:

 

 

a.            "And" means that all connected items, conditions, provisions, or events shall apply;

 

b.            "Or" means that the connected items, conditions, provisions, or events may apply singularly or in any combination; and

 

c.            "Either...or" means that the connected items, conditions, provision, or events shall apply singularly, but not in combination.

 

7.        The word "includes" shall not limit a term to the specified examples, but rather is intended to extend its meaning to all other instances or circumstances of like kind or character.

 

8.        Any specified length of time shall be measured in calendar days, unless specifically stated otherwise, of which the time period shall commence on the day in which the Resolution indicates a length of time is to begin running.

 

9.        A "building" or "structure" includes any part thereof, unless the context of the Resolution clearly indicates otherwise.

 

10.     Any word not defined in this Article, Article X, or elsewhere in the Resolution shall have the definition as set forth in the ORC. If the word is not defined in the Resolution or ORC, it shall have the plain meaning as set forth in an appropriate dictionary or relevant everyday context.

 

106            Validity and Separability

 

A.     If any court of competent jurisdiction invalidates any provision of this Resolution, or amendments thereto, such decision shall not affect the validity of the remaining portions of this Resolution or amendments thereto.

 

8. If any court of competent jurisdiction invalidates the application of any provision of this Resolution to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other building, structure, or situation not specifically included in that judgment.

 

C. If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

 

ARTICLE II: GENERAL PROVISIONS                              

 

201            Establishment of Zoning Districts

The unincorporated territory of Granger Township, Medina County, Ohio, is hereby divided into zoning districts as follows:

 

R-1          Residential District R-2             Residential District

C-1          Local-Commercial District

C-2          General Commercial District

C-3           Highway Interchange Commercial District 1-1             Industrial District

POD      Planned Development District

 

 

202            Zoning Districts Map

The zoning districts and their boundary lines are indicated upon a map entitled "Zoning Districts Map of Granger Township, Medina County, Ohio", which original map, together with all notations, references, amendments and changes is maintained in the office of the Township Clerk. A copy is attached and made a part of this book for reference.

 

A.   Interpretation of District Boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

 

1.        Where Boundaries Approximately Follow Streets, Alleys, or Highways. Where district boundaries are indicated as approximately following the center line or right-of-way line of streets, the center line or alley line of alleys, or the centerline or right-of-way lines of highways, such lines shall be construed to be such district boundaries.

 

2.        Where Boundaries Parallel Street Right-of-way Lines, Alley Lines or Highway Right-of-way Lines.

Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the map. If no distance is given, such dimensions shall be determined by the use of the scale shown on said zoning map.

 

 

3.        Where BoundariesApproximately Follow or Parallel State Route 18 (Akron­ Medina Rd.).

Boundaries which follow or parallel State Route 18 shall be measured from the Granger/Sharon Township line.

 

B.   Vacation of Public Ways.

Whenever any street or public way is vacated in manner authorized by law, the zoning districts adjoining each side of the street or public way shall be automatically extended to the centerline of such vacations, and all areas included in the vacation shall thereafter be subject to all regulations of the extended districts.

 

 

203           Compliance Required

 

A.   Compliance with Applicable Standards.

No land or structure shall be used, and no building or structure shall be located, erected, constructed, reconstructed, enlarged, moved, or structurally altered, except in conformity with all the regulations herein specified as being applicable to such land or structure.

 

B.   Zoning Permit Required.

It shall be unlawful for an owner to use or to permit the use of any structure, building, land, or part thereof, hereafter erected, created, changed, converted or enlarged, wholly or partly, until a zoning permit is issued by the Zoning Inspector in accordance with this Resolution. Such zoning permit shall state that such building, premises or part thereof, and the proposed use thereof, is in conformity with the provisions of this Zoning Resolution.

 

C.   Nonconforming Uses.

Existing uses, lots, buildings, and structures that lawfully existed at the time they were established, but do not comply with this Resolution will be subject to the provisions of Article VI: Nonconforming Uses.

 

D.   Public Utility and Railroad Exemption.

Public utilities and railroads, as defined by the ORC, shall be exempt from the provisions of this Zoning Resolution.

 

 

204            Regulations Applicable to All Districts

 

A.   Permitted Uses.

 

1.        No land or structure shall be used or occupied, and no activity conducted, unless such use, occupation, or activity is specifically listed as a permitted use

 

or conditionally permitted use in the district in which the use, occupation or activity is proposed, or where permitted, has been determined to be a similar use.

2.        Any use that is not listed as a permitted use or conditionally permitted use in a district or determined to be a similar use, is considered to be incompatible with the purpose of the zoning district and with the list of uses permitted within the zoning district, and is prohibited.

3.        If the Zoning Inspector determines that a submitted application includes a use that is not listed as a permitted use or conditionally permitted, or determined to be a similar use, in the district in which it is proposed, the Zoning Inspector shall deny the application for a zoning permit.

4.        Uses Preempted By State Statute. Notwithstanding any provision of this Article to the contrary, uses that are required to be permitted in any zoning district by state law shall be permitted in accordance with state law whether or not the use is specifically identified in this Zoning Resolution.

5.        Approvals issued in accordance with these regulations do not relieve the property owner of responsibility for obtaining all necessary permits and/or approvals from federal, state, and/or county agencies. Such permits and/or approvals shall be obtained before any zoning permit is issued. If requirements vary, the most restrictive requirement shall prevail.

 

B.   Prohibited Uses.

 

1.        Recreational and medical marijuana cultivators, processors and dispensaries are prohibited from being located in all zoning districts of Granger Township.

 

C.   Uses Determined to be Nuisance.

The following uses shall be deemed to constitute a nuisance and are prohibited from being established in any district.

1.        Metallic powder works.

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2.        Wholesale or retail sales, manufacture or storage of explosives, gunpowder or fireworks.

3.        Above-ground storage and/or distribution of refined petroleum products exceeding 750 gallons in capacity.

4.        Chemical plant

5.       Crematory.

6.        Distilling of bones, fat, glue or gelatin manufacturing.

 

 

7.        Slaughter houses.

 

8.        Manufacture of fertilizer, concrete, cement, or asphalt, and grinding or pulverization of concrete, cement, asphalt, or other paving materials.

9.        Dumping, storing, burning, reducing, disposing of or burning garbage, refuse, scrap, metal, rubbish, offal or dead animals, except such as results from the normal use of the premises.

10.      Junk yards, or the outdoor storage of junk motor vehicles, used machinery storage lots, and used car storage, or the outdoor storage of scrap metal, paper, rags, glass, or junk for sale, salvage or storage purposes. As defined by ORC §505.173(E), "junk motor vehicle" means a motor vehicle that meets all the following criteria: (1) is three (3) model years old, or older; (2) is apparently inoperable; and (3) is extensively damaged, including, but not limited to, any of the following: missing wheels, tires, engine, or transmission.

11.      Outdoor theaters, commercial amusement parks, and outdoor concert venues.

 

12.      Gun clubs with purposes of trap shooting, skeet shooting, rifle ranges, pistol ranges or trap ranges.

13.      Automotive speed tracks, go-carts, drag race strips, motorcycle or motorbike raceways.

14.      Wild animal menagerie or the keeping of dangerous wild animals, as defined by the Ohio Department of Natural Resources.

15.      Short-term property rental, including hourly, daily, or weekly rental of any property, or any multiple thereof less than thirty (30) days.

 

D. Accessory Uses.

No accessory use, including an accessory building or structure shall be established on a lot until a principal use or building has first been established on the lot in conformance with all applicable provisions of this Zoning Resolution.

 

 

205           General Regulation of Lots

 

A.   Required Lot Area to be Maintained.

A parcel of land may be subdivided into two (2) or more parcels provided all lots resulting from such division conform to the lot area, width, and depth requirements of the district in which such land is located. A lot of record which conformed to the provisions of this Zoning Resolution and which was owned separately from adjoining lots on the effective date of this Resolution, or an amendment adopted thereafter,

 

 

which affected its conformity shall not be reduced in any manner that would increase its nonconforming situation.

 

B.    Required Yards, and Open Space Unaffected by Change in Ownership or Otherwise.

1.        No space which, for the purpose of a building, has been counted or calculated as part of a side yard, rear yard, front yard, or other open space required by this Resolution, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement of or for any other building.

2.        In the event a parcel of land is located in two (2) or more zoning districts and divided by a zoning district boundary line, the parcel shall, for the purposes of this Zoning Resolution, be considered as two (2) or more zoning lots. Each zoning lot shall be subject to the requirements of the district in which it is located. No space which, for the purpose of a building or use, has been counted or calculated as part of a side yard, rear yard, front yard, other open space, parking area, or other accessory use or facility required by this Resolution, may be counted or calculated to satisfy the requirements for or be accessory to a building or use located on the portion of the parcel that is in a different zoning district.

 

C.   Projections into Yard Areas.

Every part of a required yard shall be open to the sky unobstructed, except as otherwise provided in this section:

1.        Accessory uses, buildings and structures when this Zoning Resolution specifically permits such to be located in a required yard;

2.        Off-street parking as regulated by Article Ill herein;

 

3.        The ordinary projections of skylight, sills, belt-courses, cornices and ornamental features projecting not to exceed twelve (12) inches; and

4.        Fences constructed in compliance with Section 207.A. of this Resolution.

 

D.   Corner Lots.

 

1.        Required Yards Facing Streets. Corner lots in all districts are required to have the minimum front yard requirements, as indicated in that district, facing both streets.

2.        Visibility at Corner Lots. No structure, sign, landscape element, or other obstruction to view shall exceed two (2) feet in height when located on any corner lot within a triangular area formed by the street right-of-way lines and a

 

 

line connecting them at points thirty (30) feet from the intersection of the street right-of-way lines. An exception to this regulation shall be for shade trees where the branches are pruned at least eight (8) feet above the established grade of the roadway so as not to obstruct clear view by motor vehicle drivers.

 

E.    Lot Area Exceptions for Certain Existing Substandard Lots.

Any lot or parcel of land of record at the time of the adoption of amendment No. 18, June 9, 1977, and where no adjoining land was under the same ownership on said date, shall be permitted to be used as a building site, provided that the principal building and its accessory uses comply with all other regulations of this Zoning Resolution, except the lot area and lot width regulations of the district in which the lot is located, unless a variance is granted by the Board of Zoning Appeals.

 

 

206            General Regulation of Buildings, Structures and Construction

 

A.   Permitted Height Exemptions.

No building, structure, or part of a building or structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building or structure is located or as otherwise regulated in this Resolution, except as specifically authorized below:

1.        Unenclosed roof-mounted mechanical equipment and roof structures for the housing of mechanical equipment, elevators, or ornamental architectural features may extend up to fifteen (15) feet above the roof's highest point.

a.            The total area of such roof structures shall not exceed twenty-five percent (25%) of the roof area of the building.

b.            In the case of unenclosed roof-mounted equipment, such equipment shall be screened by a parapet wall or similar feature that is an integral part of the building's architectural design.

c.            Only structures that are incidental to the main use of the building shall be permitted.

d.           For the purpose of this section, mechanical equipment and roof structures includes, but is not limited to, utility boxes, telecommunication devices, cables, conduits, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, stage lofts and screens, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks, or similar structures.

 

 

2.        Freestanding amateur radio antennas (such as CB antennae) or radio towers may be erected in a side or rear yard to a height not to exceed fifty (50) feet, provided the aerial is set back a distance from the side or rear property line equal in length to the height of the antennae.

3.        Place of worship elements, such as steeples, bell towers, and similar features, may be erected to a height not to exceed seventy-five (75) feet, provided the principal building on which the structure is erected is set back from each lot line at least one (1) additional foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located, and the height of the structure is approved by the Fire Chief.

 

B.   Principal Building Per Lot.

Unless specifically regulated otherwise, more than one principal building may be located on a nonresidential lot provided such buildings comply with all requirements of the Zoning Resolution applicable to the use and district. The minimum separation between principal buildings shall be twenty-five (25) feet.

 

C.   Building Setback from Oil Well.

No principal or accessory building shall be constructed within twenty-five (25) feet of a capped oil well.

 

D.   Access.

 

1.        Residential Districts.

 

a.            Driveway access on corner lots. Driveway access to a corner sublot in a residential subdivision shall be limited to a residential subdivision street.

b.           Driveways.

1)        Each lot shall be permitted one continuous driveway with not more than two curb cuts. A second driveway may be permitted as a conditional use.

2)        Driveways shall be located on the same property as the principal building that it serves, except as otherwise permitted in this Resolution.

3)        All driveways shall have a minimum width of twelve (12) feet and shall comply with the minimum side yard width requirement including turnaround and apron, unless otherwise permitted in this Resolution.

c.            Boulevard Islands. No boulevard islands shall be permitted within a residential subdivision street.

2.        Commercial or Industrial Districts.

 

 

No commercial or industrial access may be maintained across R-1 or R-2 zoning.

 

 

207            Accessory Buildings and Structures

 

A.   Fences, Walls, and Hedges.

Fences, walls, or hedges may be permitted along all lot lines. Any fence, wall, or hedge shall be well maintained, will be harmonious and appropriate in appearance with the existing character of the immediate area in which it is to be located, and will not be hazardous.

 

B.   Commercial and Industrial Accessory Buildings (C-1, C-2, C-3 and 1-1 Districts).

1.        An accessory building attached to the principal building on a lot shall be made structurally a part thereof, and shall comply in all respects with the requirements of this Resolution applicable to the principal building.

2.        Accessory buildings which are not a part of the main building shall not be located closer than twenty-five (25) feet from the main building and shall be located no less than fifteen (15) feet behind the front line of the main building.

3.        Accessory buildings shall not be located closer to lot lines than the minimum requirements of the district in which they are located.

4.        An accessory building or buildings shall not occupy more than thirty percent (30%) of the rear yard.

5.        Accessory buildings shall be limited to thirty (30) feet in height.

 

C.   Residential Accessory Buildings {R-1 and R-2 Districts).

1.        Accessory buildings in the R-1 and R-2 districts shall require a zoning permit and shall conform to the following maximum square footage limitations:

a.            For lots of less than two (2) acres, the total square footage of all accessory buildings shall not exceed two percent (2%) of the lot area.

b.            For lots of two (2) acres or greater, the total square footage of all accessory buildings shall not exceed two percent (2.0%) of the lot area or four-thousand-five-hundred (4,500) square feet, whichever is less.

c.            For lots exceeding five (5) acres, the Board of Zoning Appeals may grant a conditional use permit allowing the total area of all accessory buildings to exceed five thousand (5,000) square feet, based on the location of the buildings, setback from adjacent properties and existing or proposed screening.

 

d.            In no case shall the total area of accessory buildings and structures occupy an area greater than ten percent {10%) of the yard area in which they are located.

2.        An accessory building attached to a principal building shall be made structurally a part thereof, and shall comply in all respects with the requirements of this Resolution applicable to the principal building.

3.        Accessory buildings which are not attached to the principal building shall comply with the following:

a.            Shall not be located closer than twenty-five (25) feet to the principal building;

b.            Shall be located in a rear yard, or a side, no less than fifteen {15) feet behind the front line of the principal building;

c.            Shall comply with the minimum side and rear setback requirements for principal buildings for the zoning district in which they are located; and

d.            Shall be located no closer than one hundred {100) feet from any principal building on an adjacent lot. The measurements shall be taken from the closest points of each building.

4.        Accessory buildings shall not exceed thirty {30) feet in height above the average finished grade of the accessory building.

 

D.    Accessory Structures and Uses in Residential Districts.

 

1.        Any accessory structure or use that is not regulated in this section and does not otherwise require a zoning permit shall comply with the building setback and height restrictions specified for accessory buildings in Section 207.C.

2.        A private swimming pool, accessory to a residence, shall be located on a lot in compliance with the following:

a.           For the purposes of these regulations, a swimming pool ("pool") shall be defined as a self-contained body of water at least twenty-four {24) inches deep, eight (8) feet in diameter or having an area of at least sixty-four

(64) square feet, and used or intended to be used for recreational purposes. This shall include any pool, spa, hot tub or other similar structure that contains water and meets these standards. It may be above or below ground level.

b.            The pool shall be intended and is to be used for the enjoyment of the occupants of the principal use of the property on which it is located and not for commercial use.

 

 

c.            The pool shall be located on the lot in compliance with the following:

1)        It shall be located in a side or rear yard no closer than thirty (30) feet to the rear lot line and fifteen (15) feet to the side lot line.

2)        It shall be located no less than fifteen (15) feet behind the front line of the principal building.

d.           The swimming pool, or the entire property on which it is located, shall be walled or fenced to control access by children or other individuals, from the street or from adjacent properties. Said fence or wall shall not be less than four (4) feet in height and maintained in good condition with a gate and lock.

1)        Fences shall be constructed so that no more than three (3) inches of open space exists between the bottom of the fencing material and the ground and shall have not more than a four (4) inch opening in any dimension except for doors or gates.

2)        Above-Ground Pool Exception: Above-ground pools having sidewalls of four (4) feet or more in height from the finish grade, shall be required to have fencing and gates only where access to the pool may be had.

3)        If a hot tub or similar structure is designed with a secure cover that meets the manufacturer's child proofing regulation, such hot tub or similar structure shall be exempt from the fencing required by this section.

3.        Private tennis courts shall be located in a side or rear yard behind the setback line of the principal building on the lot, and shall not be located closer than thirty (30) feet to the rear and fifteen (15) feet to the side lot lines.

4.        All athletic fields shall be located in a side or rear yard behind the setback line of the principal building on the lot and shall meet the minimum rear and side yard requirements for principal buildings. All activities on the athletic field shall be for private use only, unless the athletic field is an accessory use to a conditionally permitted public or semi-public use, and such use has been authorized as part of the conditional use permit.

5.        The provisions of Section 207.D.2. through Section 207.D.4. notwithstanding, the Board of Zoning Appeals may authorize the issuance of a Conditional Zoning Certificate allowing for the location of an accessory structure in a front yard when, based on the conditions of the lot, locating the structure in the front yard provides equal or greater protection to adjacent residences than if the accessory structure were located in a side or rear yard, and the setback exceeds the minimum required setback from the street right-of-way for the district in which the lot is located.

 

 

 

E.    Ponds and Lakes.

 

1.        Public or private ponds or lakes containing over one and one-half (1-1/2) feet of water depth shall be considered as structures for the purpose of permits. No pond/lake shall be constructed such that its surface area or embankments are located on more than one (1) lot. All structures and/or embankments associated with a pond/lake shall be located at least twenty-five (25) feet from all property lines, easements, and any road right-of-way. In no case shall a pond/lake be located closer than twenty-five (25) feet to a principal building. For purposes of setback and yard requirements, the point of measurement for the pond/lake (other than structures) shall be the design high water line, as depicted on the submitted plans, or the base of any embankment where it reaches the normal grade line.

2.        Ponds/lakes shall meet standards and specifications of the Medina County Soil and Water Conservation District and ORC Chapter 1521. Lakes/ponds used for domestic water supply shall also meet the requirements of Chapter 2 of the Medina County Sanitary Code.

3.        Upon making application for a zoning permit, the applicant is required to submit to the Zoning Inspector, a copy of the proposed pond/lake plans which have been reviewed and stamped by the Medina County Soil and Water Conservation District, and by the Medina County Health Department, if applicable in the case of ponds/lakes for domestic water supply.

4.        The Zoning Inspector shall inspect ponds and lakes during their construction and shall require that all construction conforms to the approved plans. A fee shall accompany the application for a zoning permit for a pond/lake. Fees are determined by resolution of the Granger Township Trustees.

 

F.    Fire Ponds in Residential Subdivisions.

Unless a major subdivision(s) constructs and installs fire hydrants utilizing a municipal water source and approved by Medina County, all major subdivisions shall construct a fire pond(s) with dry hydrant systems and minimum capacity as established by Granger Township Fire Department. Design standards must be obtained from the Granger Township Fire Department in regards to dry hydrant systems. The dry hydrant will be maintained by the Granger Township Fire Department. All fire ponds shall be located on a minimum three (3) acre lot. All fire ponds shall require a $20,000, two (2) year cash bond or letter of credit.

1.        In the event construction of a fire pond is not feasible, an alternate water source must be established, i.e., cistern, city water, etc.

2.        The Township has no liability exposure in regard to the pond other than to see that the dry hydrant is properly installed and maintained.

 

 

 

G.   Satellite Dish Standards.

 

1.        Satellite dishes of one (1) meter in diameter or less, with fixed mounting at ground level or directly attached to a building shall be exempt from these regulations and shall not require a zoning permit. To the maximum extent possible, the dish should be located in the side or rear yard.

2.        Satellite dishes that exceed one (1) meter in diameter shall only be permitted in a nonresidential zoning district if approved as a conditional use. Such dish shall only be permitted in a rear yard.

 

H.   Outdoor Wood Fire Boilers ("OWB").

 

1.        Purpose. It is the purpose of this Section to regulate the location and construction of OWBs within the Township in order to protect the public health, safety, and welfare of the residents.

2.        Zoning Permit Required.

 

a.            A description of the type of OWB proposed, including verification of compliance with current EPA standards;

b.            A plot plan of the lot, premises, or parcel of land showing the location of the proposed OWB;

c.            Plans depicting the specifications and elevations of the proposed location, prevailing wind direction, and adjacent residences;

d.            Details of the method of assembly and construction of the proposed

OWB; and

 

e.           A completed zoning permit application and permit fee, as required in Section 701.C.

3.        General Requirements for OWBs.

 

a.           An OWB must be a dual stage OWB placed in the rear or side yard, no closer than 300 feet from any residence not served by the OWB, and not closer than 50 feet to the side or rear property line.

b.           Fuel Used. Owners shall only use listed fuels or starters recommended by the manufacturer of the unit, and shall never use the following items as fuel: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure treated wood), leaves, paper products, wood pallets and cardboard.

 

c.            Placement. It is recommended that the unit be located with due consideration to the prevailing wind direction.

d.            OWB stack or chimney height must be the manufacturer's recommended minimum height not to exceed twenty-five (25) feet from the ground.

 

 

208   Wireless Telecommunications Facilities and/or Towers

 

A.   Purpose.

1.        The purpose of this Section is to provide regulations for the installation, maintenance, and removal of wireless telecommunication facilities within Granger Township, Medina County, Ohio and to provide telecommunications providers with adequate and reasonably equivalent opportunities to provide telecommunications services within the Township and surrounding communities. It is the intent of these regulations to:

2.        Protect the health and safety of Township residents by minimizing any potentially adverse health and/or safety impacts;

3.        Minimize adverse visual impacts on adjacent properties;

4.        Protect property values within the Township;

5.        Ensure to the greatest extent possible that wireless telecommunications facilities are compatible with surrounding land uses; and

6.        Promote co-location as a means of maximizing the use of existing and proposed towers and minimizing the need for separate wireless telecommunication facilities.

 

B.   Applicability.

1.        Permit Required. Except in accordance with ORC Section 519.211 and the provisions of this Section 208, no person shall, in an area zoned R-1 Residential District or R-2 Residential District, locate, erect, construct, reconstruct, change, alter, use or enlarge any wireless telecommunication tower. Whenever a notice has been received or an objection has been lodged, in the manner prescribed in ORC Section 519.211, regarding a wireless telecommunication tower in an area zoned R-1 Residential District or R-2 Residential District, the Board of Zoning Appeals, shall, upon proper application and hearing as set forth in Article V of this Zoning Resolution, have the power to issue at its discretion a Conditional Zoning Certificate allowing the construction, location, erection, reconstruction, change, alteration or enlargement of such wireless

 

 

telecommunication tower if it finds that the applicant has satisfied all of the applicable requirements of Article V and Section 208 hereof.

2.        Exceptions. The following are exceptions to the regulations contained herein pertaining to wireless communication towers:

a.            Wireless telecommunication facilities located in areas zoned C-1 Local Commercial District, C-2 General Commercial District, C-3 Highway Interchange Commercial District, and 1-1 Industrial District are exempt from these provisions to the extent provided in ORC Section 519.211 and no Conditional Zoning Certificate or Zoning Certificate shall be required for such facilities where such exemption applies.

b.           The addition of a new wireless telecommunication antenna to an existing tower in any R-1 Residential District or R-2 Residential District where such installation does not involve any increase or extension of the original height of the structure on which it is mounted shall not require a Conditional Zoning Certificate.

c.            Wireless telecommunication towers located in areas zoned R-1 Residential District or R-2 Residential District where, within such time period as is stipulated in ORC Section 519.211(B){4){a), neither a contiguous property owner nor a property owner directly across a street or roadway from the property on which the tower is proposed to be constructed gives written notice to the Township Trustees requesting that the wireless telecommunications facility be subjected to the provisions of this Zoning Resolution, nor a member of the Township Trustees makes an objection to the proposed location of the wireless telecommunications facility.

 

C.   Application Requirements.

Requests for a Conditional Zoning Certificate to install a wireless telecommunication facility in an area zoned R-1 Residential District or R-2 Residential District shall be filed through the Zoning Inspector to the Board of Zoning Appeals in conformance with the provisions of Article V of this Zoning Resolution. In addition to the application requirements set forth in Section 502, the following additional requirements shall apply to all applications for wireless telecommunication facilities:

1.        Description and Technical Necessity.

 

a.            The application shall include a detailed description of the wireless telecommunications tower or facility's capacity including the number and types of antenna that it can accommodate.

b.            The applicant shall demonstrate that the telecommunications tower or facility must be located where it is proposed in order to service the

 

applicant's service area, including an explanation of why a tower or facility and this proposed site is technically necessary.

c.           Documentation shall be provided that certifies the wireless telecommunication facility complies with all current Federal Communications Commission (FCC) regulations for non-ionizing electromagnetic radiation (NIER).

2.        Analysis of Co-location Alternatives. The applicant shall submit evidence that:

a.            No existing wireless telecommunications towers are located within the above- listed radius of the site;

b.            Existing wireless telecommunications towers are not of sufficient height to meet the applicant's engineering requirements;

c.            Existing wireless telecommunications towers do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

d.            Co-location would result in radio frequency interference with other existing equipment on the wireless telecommunications tower which cannot be reasonably prevented;

e.           Evidence that the owner of the existing wireless telecommunications tower will not to enter into a co-location arrangement; or

f.              Existing wireless telecommunications towers do not provide an acceptable location or requisite coverage for the applicant's communication network.

3.        Analysis of New Tower Site Alternatives. Unless the application is for co­ location, the application shall submit certification, supported by evidence, indicating that the proposed new site for a wireless telecommunications tower is an essential location. The applicant's certification shall include a listing of potential sites, a description of each potential site (including ground elevations) and a discussion of the ability or inability of the site to host a telecommunications tower.

4.        Analysis of Visual Impact. The applicant shall submit a pictorial representation, such as a silhouette drawing, photograph, etc. of the proposed wireless telecommunications tower from a point two hundred (200) feet from the facility in each of the four compass directions showing the relationship of the tower against the massing of surrounding structures, trees, and other intervening visual masses.

5.        Co-location Agreement. The proposed owner/operator of the tower shall submit an agreement to allow, under commercially reasonable terms, co-

 

 

location until said tower has reached full antenna capacity, but in no event fewer than two (2) additional antenna platforms for two (2) additional providers unrelated to the owner/operator. Agreement to this provision must also be included in the applicant's lease with the property owner, if different from the owner/operator of the tower.

6.        Abandonment and Removal Agreement. The owner or operator of the wireless telecommunication facility shall submit an agreement to notify the Township Zoning Inspector within thirty (30} days of permanently ceasing operation of a permitted facility and to remove a non- functioning facility within six (6) months of ceasing its use. All costs associated with demolition and/or removal of the tower and associated equipment and buildings shall be borne by the most recent tower operator of record unless such costs are the contractual or legal responsibility of another party. If the owner fails to remove a tower in the time provided in this section, the said agreement shall authorize the Zoning Inspector to cause the demolition and removal of the tower and recover the costs of demolition and removal from the applicant and/or property owner. The owner or operator of the wireless telecommunication facility shall provide for a cash or surety bond at the minimum rate of $100.00 per vertical foot from the natural grade at assure funds are available for the demolition and the removal of the tower if it should become necessary.

 

D.   Standards for Wireless Telecommunications Facilities.

The following criteria shall apply to wireless telecommunications facilities permitted under the terms of this Section:

1.        Design. Wireless telecommunications facilities shall be designed in accordance with the following standards:

a.            Where feasible, all towers shall be of a self-supporting monopole design, as opposed to a lattice or guy wire design.

b.            Except as required by the Federal Aviation Administration (FAA), antennas and towers shall not be illuminated and lighting fixtures or signs shall not be attached to any antenna or tower. Lighting for security purposes shall be permitted only with the prior approval of the Board of Zoning Appeals.

c.            Security fencing eight (8) feet in height shall surround the wireless telecommunication tower and equipment. A metal sign of no greater than four (4) square feet shall be posted on the fence showing the names of companies with facilities at the site and their respective twenty-four

(24) hour emergency telephone numbers.

 

d.            In the event a separate access road is necessary, it shall be constructed of suitable width and road materials as determined by the Board of Zoning

 

Appeals to allow Emergency vehicles year-round access to the area and to prevent mud deposits on public roads.

e.           All disturbed areas are to be fine-graded, seeded and mulched upon completion of construction.

f.             All utility lines servicing the wireless telecommunications equipment shall be run underground.

g.           Towers and sites shall be so designed so as to permit co-location by at least two (2) additional providers of telecommunications services.

2.        Lot Area and Setbacks.

a.            The minimum lot area for installation of a wireless telecommunications facility shall be five (5) acres.

b.           The minimum distance from any tower and related wireless telecommunications equipment to any property boundary line shall be two hundred (200) feet as measured from the security fence enclosing the wireless telecommunications facilities.

c.            The maximum height of any wireless telecommunication tower shall not exceed two hundred (200) feet as measured from the average ground level at the base of the tower. No equipment building, equipment platform, ice bridge, or other associated equipment facilities shall exceed fifteen {15) feet in height from building grade.

d.            Wireless telecommunications facilities shall be considered a principal permitted building and/or use and shall not be located on the same parcel as another principal permitted building and/or use.

e.            The minimum separation between wireless telecommunications towers shall be one thousand {1,000) feet.

f.              No wireless telecommunications tower shall be located less than five hundred {500) feet from an existing residential dwelling.

g.            No residential dwelling shall be located less than three hundred (300) feet from an existing wireless telecommunications tower.

 

209           Outdoor Display/Sales & Outdoor Storage in Commercial & Industrial Districts

 

A.   Applicability.

 

1.        Purpose. The purpose of this Section is to provide regulations for the outdoor display of items for retail sale and the outdoor storage of goods, materials, and equipment in order to ensure the outdoor areas are compatible with the surrounding area and to protect the visual quality and character of the Township.

2.        These regulations do not apply to outdoor vehicle sales areas approved by the Board of Zoning Appeals for conditionally permitted sale, service and repair of vehicles, machinery and equipment.

 

B.   Outdoor Display/Sales Area.

The outdoor display of items for sale shall be a permitted accessory use when the outdoor display area and merchandise are accessory to a permitted principal use and meet the following requirements.

1.        Limitations on Items Displayed Outdoors for Sale. Only retail merchandise that meet the following requirements shall be displayed outdoors.

a.           The merchandise shall be representative of merchandise that is available for purchase inside the principal building on the lot, which shall be occupied by a permitted retail use that is open to the general public;

b.           Shall be limited to single items packaged for individual sale, and be of a size that a customer can pick up and carry by hand into the building for purchase;

c.            Shall be removed from the shipping/packaging materials in which the merchandise was delivered to the site; and

d.            Shall not include the outdoor display of large items and bulk materials. Larger items, including bulk items, displayed for sale shall comply with the regulations for Outdoor Storage and Bulk Sales in Section 209.C.

2.        Limitations on Sales Transactions.

 

a.            All outdoor sales transactions shall be conducted indoors in the principal retail building by the owner or employee of the principal retail business.

b.            The sale of retail items displayed outdoors shall be conducted only during normal business hours of the principal retail business. Outdoor displays and sales shall be prohibited when the principal building is vacant.

 

 

3.        Location and Setbacks.

 

a.           When located in a front yard, the total area of the accessory outdoor display shall not exceed two hundred (200) square feet, and shall be located in compliance with the parking setbacks and within thirty (30) feet of the building front.

b.            When located in a side yard, the total area of the accessory outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the principal retail business on the lot.

c.            The Board of Zoning Appeals may grant a conditional use permit to allow the accessory outdoor display in a side yard to not exceed twenty-five percent (25)% of the ground floor area of the principal retail business when the ground floor area of the principal retail business is four thousand (4,000) square feet or less.

d.            An outdoor display area located in a side yard shall comply with the required side yard setback for the zone in which the business is located.

e.            The outdoor display area shall not be located in an area intended for vehicular traffic, pedestrian circulation, or parking as identified on the approved site development plan;

f.              The location of the outdoor display area shall not interfere with or obstruct vehicular or pedestrian traffic. A minimum of five (5) feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.

4.            General Requirements.

 

a.           An outdoor display area shall be clearly shown on the site development plan, and shall be approved as part of a zoning review pursuant to Section 701.F.

b.            Outdoor display/sales areas shall be maintained in good order and appearance.

 

C.   Outdoor Storage and Bulk Sales.

Outdoor storage and bulk sale activities that are a permitted accessory use to permitted principal use shall comply with the following requirements.

1.            Applicability.

 

a.            Any area outside of a building where merchandise, materials, or equipment is stored, and which does not conform to the definition and regulations for an Outdoor Display Area shall be considered and treated as an Outdoor Storage Area.

 

b.           Any area in which bulk goods, materials, merchandise, or vehicles are stored continuously for more than twenty-four {24) hours outside of a building or structure shall be considered and treated as an Outdoor Storage Area.

c.            Only goods, materials, and products sold or used as part of the principal business shall be permitted to be stored outside.

d.            The outdoor storage of goods, materials, and products shall be prohibited on vacant lots and on lots where the principal building is vacant.

2.        General Requirements.

a.           Areas devoted to outdoor storage shall be located in the side and rear yard only in compliance with the location and building setback requirements set forth in the applicable zoning district.

b.            No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, sidewalks, or pedestrian access.

c.            The area used for outdoor storage shall be paved with asphalt, concrete, or chip and seal, and maintained in good condition and free of dust.

d.            Stored materials shall be stored only on the paved area and shall be accessible to fire-fighting equipment at all times.

e.            No materials shall be stored in such a manner as to project above the required screen, with the exception of vehicles and mechanical equipment.

3.        Limitations on materials stored.

a.            No hazardous materials shall be stored indoors or outdoors on any lot within Granger Township.

b.           Outdoor storage of raw materials shall comply with the following requirements:

1)        Bulk storage of sand, gravel, salt, mulch, and similar materials shall be permitted only when such material is contained to prevent spreading or leakage, including leakage of leached materials and other extracts resulting from weather exposure.

2)       Storage shall be above ground and not in naturally occurring or artificially created pits or ponds.

 

210           Agritourism

 

A.   Purpose.

In the interest of public health and safety, no agritourism operation shall be permitted unless the following conditions have been satisfied and a Zoning Certificate for Agritourism has been issued by the Township Zoning Inspector.

B.   General Requirements.

 

1.        Agritourism operations shall be permitted only on a farm that consists of tracts, lots or parcels totaling not less than ten {10} acres devoted to agricultural production, or, when less than ten (10) acres, devoted to agricultural production if the land produces an average yearly gross income of at least twenty-five hundred dollars ($2,500) from agricultural production, or as otherwise permitted by ORC Section 901.80{A)(4).

2.        As used herein, acreage of the farm for the purposes of the definition shall be the total acreage of the one (1) or more contiguous tracts, lots or parcels within the Township that are used as the farm on which the agritourism operation is proposed

3.        The agritourism operation shall be limited to agriculturally related educational, entertainment, historical, cultural, and/or recreational activity, including you­ pick operations or farm markets, conducted on a farm that allows or invites members of the general public to observe, participate in, or enjoy that activity.

4.        The size and setback for any structure, other than a farm market as described in (C){l} of ORC Section 519.21, used primarily for agritourism activities shall meet the following requirements:

a.           All structures used primarily for agritourism activities shall comply with the height requirements for the district in which the farm is located, and the permitted exceptions defined in Section 206.A. of this Resolution; and

b.            All structures used primarily for agritourism activities shall comply with the standard minimum front, side, and rear yard setbacks for principal structures for the applicable zoning district in which the activities are located, regardless of the size of such structures.

5.        Off-street parking shall be required.

 

a.           All agritourism operations, regardless of whether an entry fee is charged, shall provide the minimum number of off-street parking spaces required by the Resolution based upon similar uses identified in the off-street requirements correlated to the intensity of the use, such as peak attendance periods, the size of the structure, and/or land area designated for agritourism activities, as depicted in the application.

 

 

b.            The off-street parking area(s) shall be located entirely on private property on which the agritourism activities are provided and of sufficient size to accommodate all vehicles related to the agritourism operations. In no case shall vehicles be parked within a public right-of-way.

c.            Off-street parking areas provided to meet the needs of the agritourism operation are not required to be improved, including any requirements governing drainage, parking area base, parking area paving, or other such improvement, however, any area for off-street parking required to meet the needs of the agritourism operation shall be devoted only to off-street parking whenever the agritourism activity(ies) are taking place.

6.        The agritourism operator shall provide ingress and egress via access points on a public road approved by the Township, County Engineer, Ohio Department of Transportation, or other applicable entity, depending on which has jurisdiction over the road being accessed. Such ingress and egress shall be designed to accommodate emergency vehicles to the satisfaction of the Township Fire Department.

 

C.   Application for Agritourism Use.

1.        No agritourism operation shall be established without first obtaining a Zoning Permit in compliance with Section 701.

2.        In addition to the required application for a Zoning Permit in accordance with the provisions of Section 701.C., the applicant shall submit the following:

a.            A completed Agritourism Use Form;

 

b.           Details and drawings that document the total acreage of the farm devoted to agricultural production, or, if there are less than ten (10) acres devoted to agricultural production, documentation that the land produces an average yearly gross income amount of at least twenty-five hundred dollars ($2,500) from agricultural production for the last five (5) years, or for the number of years the property has been in agricultural production if it is less than five (5) years;

c.            A site development plan drawn to scale of the entire acreage of the farm devoted to agricultural production on which the agritourism operation is proposed, which clearly delineates all areas where agritourism activities are to take place, including:

1)        Location of existing and proposed building(s) or structure(s) on the farm site and existing buildings within one hundred (100) feet of the site;

2)       Dimensions indicating the spacing of the building(s) or structure(s);

 

3)       Dimensions indicating the setbacks of the building(s) or structure(s) used primarily for agritourism activities measured from the lot lines;

4)        Off-street parking lots and parking areas, noting the total number of parking spaces to be provided for the agritourism use;

5)        All points of ingress and egress from the public road(s); and

6)        Walkways providing means of travel between building(s) or structure(s) used primarily for agritourism activities;

d.           Floor plan of the building(s) or structure(s) to be used primarily for agritourism activities;

e.           Use of existing and proposed building(s) or structure(s);

f.             A description of the types of agritourism activities to be conducted, including the anticipated attendance, and an explanation of how the proposed agritourism activities have an educational, entertainment, historical, cultural, and/or recreational relationship to the existing agricultural use of the property.

g.            An attestation that the farm on which the agritourism operation is proposed conforms to the definition of "Farm" in this Resolution and the agritourism provisions in the ORC Section 901.80(A)(4), or as amended.

 

 

211            Temporary Uses and Buildings

 

A.   Garage Sales in Residential Districts.

 

1.        Temporary sales by residents of used or surplus personal possessions shall be permitted in any residential district.

2.        Such temporary sales shall be limited to a maximum of three (3) consecutive days conducted not more than three (3) times within a twelve (12)-month period.

3.        The term "garage sale" shall include lawn sales, attic sales, rummage sales or any similar casual sale of tangible personal property which is advertised by any means.

 

B.   Temporary Outdoor Retail Sales Associated With Existing Retail Establishment. Sidewalk sales/outdoor retail sales associated with existing retail establishment may be permitted on a site in compliance with the following:

 

1.        Temporary outdoor retail sales areas shall not occupy parking spaces required to fulfill the minimum requirements of the principal use as required in Article Ill of this resolution.

2.        No free-standing signage or audio amplification shall be permitted as part of the temporary outdoor retail sales.

3.        The property owner or business tenant shall obtain a temporary use permit in accordance with Section 701.

 

C.   Temporary Buildings.

Temporary buildings for use incidental to construction work may be erected in any of the zone districts herein established; however, such temporary building or buildings shall be completely removed upon the completion or abandonment of the construction work. For the purposes of this section, a temporary building is a building having no foundation or permanent attachment to the ground or another structure.

 

 ARTICLE Ill: DISTRICT REGULATIONS                          

 

301      R-1 Residential District

 

A.    Purpose

The purpose of this district is to manage low-density residential development that will preserve the rural residential character of Granger Township.

 

B.    Uses

Within a R-1 Residential District, no building, structure, or premises shall be used, arranged to be used, or designed to be used, except for one or more of the following uses, and each shall require a zoning certificate:

 

1.        Permitted Uses.

a.            Single Family Dwelling, excluding trailers and manufactured homes which do not meet the requirements of Section 301.C. and in addition are not:

a. Set on a full foundation; b. constructed with a full frame.

b.            Two-family dwelling (2 dwelling) see Section 301.E.1.

c.            Manufactured homes are single family dwelling units which meet the requirements of Section 301.C.

d.            Only roadside stands, where fifty percent or more of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year shall be permitted.

e.            Home Occupation

1)        The use shall be secondary in importance to the use of the dwelling for dwelling purposes.

2)        The use shall be conducted by the occupant.

3)        The use shall be carried on entirely within the dwelling and not in an accessory building.

4)        The home occupation shall not occupy more than 25 percent of the floor area of the dwelling unit.

5)        An accessory building shall not constitute primary or incidental storage for a home occupation.

6)        The use shall not involve any extension or exterior modifications of the dwelling in which the home occupation is located.

 

 

7)        No outward evidence of materials, goods, or equipment indicative of the home occupation shall be permitted outside the dwelling.

f.              Accessory buildings, structures, and uses incidental to the principal use.

 

2.        Conditionally Permitted Uses.

a.            Public, private and parochial schools subject to the provisions of Section 503.B.7.

b.            Churches and other buildings for the purpose of religious worship.

c.            Governmentally owned and/or operated parks, golf courses (except miniature), and subject to Section 503.A.

d.            Privately owned and/or operated golf courses (except miniature) and subject to Section 503.A.

e.            Cemeteries.

f.              Publicly owned and/or operated buildings and facilities other than those listed and subject to Section 503.A.

g.            The provisions of Section 205 notwithstanding, the Board of Zoning Appeals may authorize the issuance of Conditional Zoning Certificates for lots located on the bulb of cul-de-sac streets, provided that the lot width at the set-back line shall be no less than one hundred seventy-five (175) feet.

 

C.    Area, Yard, and Height Regulations

 

1.        Minimum Lot Size. The minimum lot area shall be two (2) acres. Each lot shall have a minimum of one hundred seventy-five (175) feet continuous frontage on a public or approved private street, and a minimum of one hundred seventy-five (175) feet of continuous lot width on and from the street right-of­ way to the setback line. At no time shall the minimum lot depth from the right­ of-way be less than required by the Health Department.

 

2.        Minimum Front Yard Depth. The distance of set-back from street right-of-way shall not be less than seventy (70) feet.

 

3.        Minimum Side Yard Width on Each Side. Fifteen (15) feet.

 

4.        Minimum Rear Yard Depth. There shall be a rear yard not less than thirty (30) feet deep.