Alliance City Zoning Code
CHAPTER 1130
General Provisions
1130.01 CONFORMANCE REQUIRED.
All land, buildings, structures, or parts thereof, shall hereafter be erected, constructed, reconstructed, altered, maintained, used, or occupied in conformity with the provisions of this Ordinance.
1130.02 BUILDINGS UNDER CONSTRUCTION.
Nothing in this Ordinance shall be deemed to require any change in the plans, construction, or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this Ordinance, and upon which building actual construction has been diligently carried on, and provided, further, that such building was completed within two years from the date of passage and publication of this Ordinance.
1130.03 BUILDING GRADES.
Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A sloping grade, beginning at the sidewalk level, shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building, and from the rear wall of the building to the rear lot line; however, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the unreasonable runoff of surface water to flow onto the adjoining properties. When a new building is constructed on a vacant lot between the existing buildings or adjacent to an existing building, the existing established grade shall be considered in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit unreasonable runoff of surface water to flow onto the adjacent properties. Grades shall be approved by the Administrative Official.
1130.04 BUILDING TO BE MOVED.
Any building or structure, which has been wholly or partially erected on any premises, shall not be moved to and be placed upon any other premises in this City until a permit to use such building or structure, after being moved, shall have been secured under this Ordinance. Any such building or structure shall fully conform to all the provisions of this Ordinance, in the same manner as a new building or structure. Before a permit may be issued for moving a building or structure, the Administrative Official shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other City requirements for the use and occupancy for which it is to be used and whether it will be of similar character with the buildings in the area where it is to be moved. Providing these conditions can be complied with, a permit shall be issued for the moving of said building or structure.
1130.05 LOCATION OF BUILDINGS.
Except where otherwise provided for in this Ordinance, every dwelling shall be located on a lot abutting upon a street or permanent easement of access to a street, other than an alley. No dwelling shall be built upon a lot having a frontage of less than 40 feet upon a street or a permanent easement of access to a street. Such easement of access shall have a width throughout of not less than 40 feet.
1130.06 GARAGE, BASEMENT OR OTHER ACCESSORY DWELLINGS.
Garages, basements, or other areas which could accommodate accessory dwellings shall not be occupied for dwelling purposes unless they comply with all the provisions of this Ordinance.
1130.07 CONSTRUCTION BUSINESS AND DWELLING BUILDING.
When a dwelling occupies a space above a business use, such dwelling unit shall provide a minimum floor area of not less than 720 square feet and a useable lot area of not less than 7,200 square feet. The business use shall provide an additional lot area for the commercial building and the loading space and off-street parking as required by this Ordinance.
1130.08 ACCESSORY BUILDINGS AND USES IN RESIDENCE DISTRICTS.
(a) An accessory building on a lot, including a carport attached to a principal building, shall be made structurally a part thereof, and shall comply in all respects with the requirements of this Ordinance applicable to the principal building. Breezeways, for the purpose of this Ordinance, as an attachment between the garage or carport and the main building, shall be considered as part of the main building, but breezeways shall not be considered as constituting livable floor area.
(b) An accessory building and garage unless attached and made a part of the principal building on a lot as above provided shall not be nearer than 10 feet to the principal building.
(c) A detached accessory building or structure shall not exceed one story or 15 feet in height, shall be located behind the rear line of the principal building, shall not occupy more than 30 percent of the area of any rear yard, shall not be nearer than five feet to any lot line, provided that where the side yard abuts upon a side street, such accessory building shall not extend nearer to the side street lot line than the main portion of the principal building, and in no case shall the entrance door to a garage be less than 20 feet from any street lot line.
(d) No accessory building or structure shall be erected before the erection of the principal building or structure on any residential lot.
(e) Private swimming pools shall conform to the following requirements:
(i) All above ground swimming pools three feet in height or greater and all in ground swimming pools require a permit and shall comply with all setback requirements. The square footage of a swimming pool shall not be counted when calculating the total square footage of accessory structures.
(ii) Construction, plumbing and electrical requirements, inspection, and other safety facilities shall be regulated by the adopted building codes.
(iii) All swimming pools, which are considered structures, or the entire property upon which they are located shall be enclosed by a wall or fence having a minimum height of four feet and be equipped with suitable locking devices to prevent uncontrolled access from adjacent properties.
All above ground pools with a wall height of four feet or greater measured from the surrounding grade shall not require fencing; however, the pool shall be secured to prevent uncontrolled access from adjacent properties.
(f) Outdoor wood burning furnaces shall conform to the following requirements:
(i) All outdoor wood burning furnaces shall require a permit.
(ii) No more than one outdoor wood burning furnace shall be installed on a single parcel.
(iii) Outdoor wood burning furnaces shall only be permitted on parcels of five acres or more.
(iv) All outdoor wood furnaces shall be located in the rear yard only.
(v) All outdoor wood burning furnaces shall be set back not less not less than 200 feet from any property line.
(vi) No outdoor wood burning furnace shall be utilized as a waste incinerator.
(vii) Fuel for outdoor wood burning furnaces shall be limited to seasoned hardwood, corncobs or wood chips.
(viii) All outdoor wood burning furnaces shall comply with Alliance City Building Department regulations (building, mechanical, electrical, heating) and Ohio EPA Air Pollution Control Division regulations.
(ix) All outdoor wood burning furnaces shall have a permanent stack extending five feet higher than the peak of any roof structure located within 150 feet of said furnace.
(x) Outdoor wood burning furnaces shall not be operated during the months of May, June, July or August.
(xi) The Fire Department shall approve the location of all outdoor wood burning furnaces. (Ord. 45-09. Passed 9-8-09.)
1130.09 ACCESSORY USES AND BUILDINGS IN NONRESIDENTIAL DISTRICTS.
(a) In nonresidential districts, accessory buildings and uses, if not for dwelling purposes, may occupy any of the ground area which the principal building is permitted to cover. Accessory buildings, such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard.
(b) Outdoor wood burning furnaces shall conform to the following requirements:
(i) All outdoor wood burning furnaces shall require a permit.
(ii) No more than one outdoor wood burning furnace shall be installed on a single parcel.
(iii) Outdoor wood burning furnaces shall only be permitted on parcels of five acres or more.
(iv) All outdoor wood furnaces shall be located in the rear yard only.
(v) All outdoor wood burning furnaces shall be set back not less not less than 200 feet from any property line.
(vi) No outdoor wood burning furnace shall be utilized as a waste incinerator.
(vii) Fuel for outdoor wood burning furnaces shall be limited to seasoned hardwood, corncobs or wood chips.
(viii) All outdoor wood burning furnaces shall comply with Alliance City Building Department regulations (building, mechanical, electrical, heating) and Ohio EPA Air Pollution Control Division regulations.
(ix) All outdoor wood burning furnaces shall have a permanent stack extending five feet higher than the peak of any roof structure located within 150 feet of said furnace.
(x) Outdoor wood burning furnaces shall not be operated during the months of May, June, July or August.
(xi) The Fire Department shall approve the location of all outdoor wood burning furnaces.
(Ord. 45-09. Passed 9-8-09.)
1130.10 YARD AREA FOR A BUILDING CANNOT BE USED FOR ANOTHER BUILDING.
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 Ordinance may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard or other open space requirement of or for any other building. The minimum yards or other open spaces, including lot area per family or percentage of lot coverage required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building.
1130.11 FENCES.
(a) In any residential district, no fence or portion thereof shall exist within two feet of the front or any street lot line.
(b) In any residential district, no fence shall be erected upon a vacant lot which unreasonably obstructs the front yard sight line or is otherwise hazardous.
(c) Fences in residential districts shall not be more than four feet in height in the required front yard and not more than six feet in height in all other areas unless otherwise permitted.
(d) All fences in nonresidential districts shall not be more than seven feet in height unless otherwise permitted.
(e) Fences or walls required to surround and/or enclose public utility installations shall not be limited as to height in any district.
1130.12 FRONT YARD EXCEPTION.
When a majority of the buildings in any particular block have been built at the time of the adoption of this Ordinance, no building thereafter erected or altered shall project beyond the minimum building line thus established, provided that no residential building shall be required by this Ordinance to be set back more than 100 feet, and provided further that this regulation shall not be interpreted to reduce the buildable width of a corner lot facing an intersecting street.
1130.13 YARD ENCROACHMENTS.
Outside stairways, fire escapes, fire towers, decks, porches, platforms, balconies, boiler flues and other similar projections shall be considered as part of the building and shall not encroach into the required space for yards or courts or occupied space. However, there shall be permitted certain exceptions to this requirement as limited and restricted hereinafter:
(a) Permitted exceptions for such projections shall be:
(i) One chimney or one fireplace, limited to not more than eight feet in length and projecting not more than 12 inches into the allowable side yard space.
(ii) Cornices, limited to not more than 16 inches in width, including the gutter.
(iii) Platforms, terraces, steps below the first floor level.
(iv) Decks, unenclosed porches or other ground-level, unenclosed projections not over one story in height.
(b) Limitations governing the projections, as so permitted, shall be:
(i) In a residential district, such excepted projections shall not extend more than 10 feet beyond the established front building line, shall not extend more than 15 feet into the minimum required rear yard, and shall not extend nearer than five feet to an interior side lot line or nearer than 30 feet to a side lot line abutting upon a street.
(ii) In a nonresidential district, such excepted projections shall not extend beyond the established front building line or into any required side or rear yard.
1130.14 FRONT YARD USES.
Any portion of a residential lot located in front of a building line (including driveways), or between a front street lot line and the adjacent building line, shall be used only for landscaping or ornamental purposes, and no permanent structures or recreational vehicles or trailers shall be erected or parked thereon, excepting passenger vehicles rated by the manufacturer one ton capacity or less which are parked in the driveway. Driveway shall have the same definition as found in Ohio R.C. 4511.01(DD). (Ord. 27-22. Passed 8-1-22.)
1130.15 DOUBLE FRONTAGE LOTS.
On double street frontage lots, a front yard, as prescribed for the district, as herein established, shall be provided on both streets.
1130.16 LOT LIMITATIONS.
No residential structure shall be erected upon the rear of a lot or a lot with another dwelling, except where permitted as part of a two-family or multi-family development.
1130.17 EXCEPTIONS TO HEIGHT LIMITATIONS.
Height limitations of this Ordinance shall not apply to chimneys, church spires, clocks or bell towers or other similar architectural design elements, public monuments, or wireless transmission towers, provided that such structures do not exceed 20 feet above the maximum height in the district in which they are located. Architectural features which include building and roof line elements which are intended to add architectural interest and not for the purpose of adding signage to the building may be allowed to exceed the maximum height of the district by not more than 20 feet with Commission approval. The footprint of that portion of the structure which is encompassed by the proposed building and/or roof line element shall not exceed 25 percent of the footprint of the total structure. The Commission may specify a lower height limit for any structure that requires approval as a Conditional Use. In determining the appropriate height, the Commission shall consider the character of the surrounding uses, the height of surrounding structures, the potential to obscure light or view to or from existing buildings and surrounding properties, and potential detriment to the use or value of surrounding properties.
1130.18 EXCAVATIONS OR HOLES.
The construction, maintenance, or existence within the City of any unprotected, unbarricaded, open, or dangerous excavations, holes, pits, or wells, or of any excavations, holes, or pits which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited. This section shall not, however, prevent construction of excavations under a permit issued pursuant to this Ordinance or the Building Code of the City, where such excavations are properly protected and warning signs are posted in such manner as may be approved by the Administrative Official. This section shall also not apply to lakes, streams, or other natural bodies of water, or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the State, County, City, or any other governmental agency.
1130.19 DRAINAGE CHANNELS AND FLOODPLAINS.
Drainage channels and floodplains, which exist and which are indicated in the Comprehensive Land Use Plan, are essential for the maintenance of the health and general welfare of the people of the City. Any encroachment, filling, or destruction of these drainage channels or floodplains is a violation of this Ordinance; provided, however, that this shall not prevent development of property for its best use, when adequate facilities, as determined by the Administrative Official, are provided to maintain the prime purpose of the drainage channel or flood plain, i.e. the uninterrupted flow of surface water. Said development shall be, among other things, done in compliance with all applicable City regulations.
1130.20 CORNER LOT VISIBILITY - CLEAR ZONE.
On a corner lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision in a clear zone between a height of two and one- half and 10 feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along such lines 50 feet from the point of intersection. See figure below:
 |
1130.21 SIDEWALK STEPS AND HANDRAILS.
Where private access walks to residences or commercial buildings include steps, such steps shall conform to the Ohio Department of Transportation Standard Drawing No. RM-2.1 and include a handrail on at least one side of steps in cases where three risers or more are necessary or required. Nonconforming steps that do not pose an immediate safety threat due to unevenness, heaving, cracks, etc. may be retrofitted with a handrail that conforms to the above requirement.
(Ord. 45-09. Passed 9-8-09.)
1130.22 RESIDENTIAL OUTSIDE STORAGE.
(a) General. Outdoor storage is prohibited in the front yard or all residential properties. Outdoor storage is permitted, subject to restrictions, in the side and rear yards for those items which are suitable for outside storage and are not prohibited elsewhere.
(b) Vehicles. No more than two (2) vehicles, occupying no more than 300 square feet, including a boat/trailer combination, campers, other trailers, recreational vehicles, or commercial vehicles may be stored on any residential premises. Any vehicle which has remained unmoved for a period exceeding ten (10) days will be considered to be stored.
(c) Volume of Storage. The footprint of all outdoor storage may not exceed thirty percent (30%) of the area of the side and rear yards of the property. The square foot area of all outbuildings shall be used in the calculation of the storage area.
(d) Screening. The outside storage of items exceeding 100 square feet shall require a privacy fence sufficient to block the view of the stored items from all adjacent properties. This requirement shall not apply to vehicles nor to storage sheds manufactured specifically for the purpose of outside storage and otherwise complying with all other rules of the City.
(Ord. 27-22. Passed 8-1-22.)