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Aurora City Zoning Code

CHAPTER 1155

Dimension Regulations

1155.01 PURPOSE.

   It is the purpose of this Chapter to promote the health, safety, and welfare of the City by regulating the location, height, bulk, number of stories, and size of buildings and other structures, setback lines, sizes of yards and other open spaces. The Chapter regulates the safe and orderly development of all residential, commercial and industrial land uses within the City, to conserve and enhance property values, to preserve adequate space for vehicular and transportation facilities, to provide for effective traffic movement, and to provide for effective storm water management and control. The Chapter ensures that public utilities and services are provided in a safe and healthful manner, consistent with applicable regulations and standards. It is the further purpose of this chapter to recognize the densities and uses of adjacent land and the health, safety, appearance, and general welfare of the community.
(Ord. 2009-156. Passed 12-14-09.)

1155.02 LOTS.

   (a)   Except as otherwise provided in this Code, lots in each respective district shall have, at a minimum, the dimensions required in Table 1155.02.
   (b)   For the purposes of compliance with the provisions of this Code, the area of a lot shall not include any portion of a public right-of-way or of a private road.
   (c)   No yard or lot existing upon the effective date of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this Code shall meet at least the minimum requirements herein established.
   (d)   No use of land shall be established unless on-site sanitary waste disposal facilities or a connection to the sanitary sewer system is constructed in compliance with all regulations of the City, Ohio Environmental Protection Agency, and the Portage County Health Board, as applicable.
   (e)   Every lot shall maintain the required lot frontage width to a distance of the minimum lot width required at the front yard setback line of the district in which the lot is located.
   (f)   A lot with frontage on a cul-de-sac or on the curved portion of any right-of-way may have a lesser frontage if approved by the Planning Commission, but not less than fifty (50) feet.
   (g)   No lot shall be created without the required lot frontage on a public or private right-of-way in any district, with the exception of lots within a common access drive subdivision per Section 1109.08 of this code.
(Ord. 2009-156. Passed 12-14-09.)

1155.03 YARDS AND SETBACKS.

   (a)   Except as otherwise provided in this Code, yards in each respective district shall be provided on each lot and shall have, at a minimum, the dimensions required in Table 1155.02 .
   (b)   No part of a yard or other open space required about any building for the purpose of complying with the provisions of this Zoning Code shall be included as part of a yard or other open space similarly required for another building.
   (c)   Except as otherwise provided for fences and signs, no structure shall be erected in any front yard.
   (d)   Any open structure, such as a porch, canopy, balcony, platform, deck, covered patio or other architectural projections, shall be considered part of the building to which it is attached and shall not be located closer to the lot line than the setback line.
   (e)   In any location where the road right-of-way line is not established, it shall be assumed that the right-of-way is sixty feet (60') in width and the front yard and front setback shall be measured from a line which is thirty feet (30') from the centerline of the road.
   (f)   The rear setback for a dwelling in the R1, R2, R3, and R4 districts shall be not less than forty (40) feet.
   (g)   On an existing corner lot, the locations of the front, rear, and side yards shall be determined by the Director of Planning and Zoning, in conformance with the provisions of this Code. The Director may request review by the Planning Commission.
   (h)   When a new corner lot is platted, the Planning Commission shall determine the locations of the front, rear, and side yards in conformance with the provisions of this Code. The minimum sideyard setback on a corner lot abutting a public right-of-way shall be the same as the minimum required for the front yard.
   (i)   Yards and setbacks in the R-2 Residential Districts platted prior to 1962 shall have setback lines as the average of all structures in the District with a minimum of 50 feet front, 16 feet side and 25 feet rear.
   (j)   In commercial zoning districts no parking is permitted in side yard setbacks adjacent to residential districts.
(Ord. 2009-156. Passed 12-14-09.)
   (k)   No structure shall be located or constructed so that when completed the resulting structure is closer than 100 feet to an existing oil or gas well, oil and gas well head, any tank batteries or other structure which serves or receives from an oil and gas well, or a fence or other screening required by Chapter 1509 of the Ohio Revised Code. Compliance with this setback is to be determined by a measurement from the nearest exterior edge of the existing oil or gas well, oil and gas well head, any tank batteries or other structure which serves or receives from an oil and gas well, or fence or other screening required by Chapter 1509 of the Ohio Revised Code to the nearest edge of the proposed structure, irrespective of any intervening lot lines.
(Ord. 2011-061. Passed 7-11-11.)
Table 1155.02
Lot, Yard, and Setback Requirements
District
Minimum Lot Area
Minimum Lot Width
Minimum Lot Frontage
Minimum Setbacks
Front Yard
Side
Yard
 
Rear
Yard
square feet
feet
feet
feet
feet
feet
R1
1.5 acres
150
150
50
15
40
R2 
3.0 acres
250
250
100
50
50
R3
29000
115
115
50
15
40
R4
17420
95
95
35
10
40 
R5 one-family
11200
75
75
35
6 minimum
/16 total
8
R5 two-family
22400
150
150
35
6 minimum
/16 total
8
PD single-family
14500 minimum/16500 average
25
5 minimum/20 total
10
PD multi-family
25 (+1 foot for each 2 feet of height)
C1
50
10 (50 if adjacent to residential)
10 (50 if adjacent to residential)
C2
150
10 (50 if adjacent to residential)
10 (50 if adjacent to residential)
C3
200
50
50
T1
29000
115
115
50
15
40
O1
100
50 (100 if adjacent to residential)
50 (100 if adjacent to residential)
I1
Dimensions vary based on classification
of the road on which lot has frontage
Minimum 15/Equal to height of abutting wall
Minimum 15/Equal to height of abutting wall
Major road
5 acres
300
200
25
25
Secondary road
2 acres
200
50
10
10
Local road
1.5 acres
150
35
10
10
 
(Ord. 2010-161. Passed 1-11-11.)

1155.04 SETBACKS FOR ACCESSORY USES AND STRUCTURES.

   (a)   Except as otherwise provided in this Code, accessory structures in commercial districts and in industrial districts shall comply with the setbacks required for principal structures.
   (b)   An accessory building attached to a principal building shall comply with all height and setback requirements applicable to the principal building.
   (c)   In a residential district, an accessory building which is not attached to a principal building shall be located at least fifteen (15) feet from the principal building. An accessory building shall only be constructed in the rear yard and shall be constructed at least ten (10) feet from the rear lot line and at least ten (10) feet from the side lot line. In the R-5 district, accessory buildings may be constructed in accordance with the side and rear yard setbacks for principal buildings in the R-5 district. On a corner lot, an accessory building shall conform to the required setbacks for the principal building on both frontages.
   (d)   This section shall not apply to detached garages utilized as accessory buildings for the purpose of storing vehicles. Detached garages constructed for the purpose of housing vehicles may be located in side yards, subject to conformance with front, side and rear yard setback requirements for principal buildings.
(Ord. 2009-156. Passed 12-14-09.)

1155.05 PRINCIPAL BUILDINGS.

   (a)   On a corner lot, the required front setback shall be required for all yards abutting rights-of-way.
 
   (b)   No more than one principal building shall be permitted on any one lot except as approved in a site plan for development in a commercial district, industrial district, or for a public or institutional use in a residential district.
   (c)   Every principal building shall be located on a lot with frontage on a public road right-of-way, a private road or within a common access drive subdivision per Section 1109.08 .
   (d)   When a building is proposed to be constructed on two or more adjacent recorded lots or tracts of land, such lots shall be combined and the new legal description for a single combined lot shall be recorded to ensure that the building, required yards, parking, and other requirements, are provided on one lot.
(Ord. 2009-156. Passed 12-14-09.)

1155.06 HEIGHT.

   It is the intent of this section for the construction of roofs which are sloped in a manner consistent with the existing and planned character of the buildings of the community and to encourage creative design of buildings and roofs in a manner which contributes to the function, value, and character of the City and its districts.
   (a)   Building height by zoning district and use:
 
Zoning Districts and Uses
Height (at finished floor)
Residential
35' feet
Multi-family
40' feet
Historic and Landmarked
40' feet
Commercial
40' feet
Office
45' feet
Industrial
45' feet
   No building shall exceed:
      (1)   Residential Districts - 2 stories.
      (2)   Multi-family Residential Uses - 2 1/2 stories.
      (3)   Historic and Landmarked Structures - 2 1/2 stories.
      (4)   Commercial District - 2 stories.
      (5)   Office Districts - 3 stories.
      (6)   Industrial Districts - 3 stories.
   (b)   The following exceptions to the maximum height may be approved on a site plan by the Director of Planning, Zoning and Building:
      (1)   Linear antenna, to a height not greater than ten (10') feet higher than the maximum height allowed in that district;
      (2)   Flagpole to a height not greater than ten (10') feet higher than the maximum height in that district; and
      (3)   On flat roofs, parapet walls to a height not greater than thirty (30") inches higher than the maximum height in that district.
   (c)   If approved by the Architectural Board of Review, decorative building elements, which are not designed for occupancy or use, such as cupolas and steeples, may be approved to a height greater than the main roof of the building.
   (d)   Where screening is provided and approved by the Architectural Board of Review, roof-mounted equipment may be installed to a height ten (10') feet greater than the maximum permitted building height.
(e)   Height of Accessory Structures.
      (1)   Except as otherwise provided by this Code, no accessory structure shall exceed the maximum building height permitted for the district.
      (2)   The height of an accessory building in a residential district shall not exceed fifteen (15) feet,  except that, on a lot having an area of three (3) acres or more, the height of an accessory building shall not exceed twenty-five (25) feet.
      (3)   The height of an accessory structure in a commercial or industrial district shall not exceed the height of the principal structure unless approved by the Planning Commission. (Ord. 2009-156. Passed 12-14-09.)

1155.07 FLOOR AREA.

   (a)   Residential:
Minimum floor area per dwelling unit (square feet)
 
R1
R2
R3
R4
R5
PD
1-story with a full basement:
1300
1700
1500
1350
900
1350
split level with a basement. greater than 700 sf in area
1300
 
1500
1350
900
1350
split level with a basement greater than 800 sf in area
 
1700
 
 
 
 
1-story without a basement; or a split level without a basement
1400
1800
1600
1400
900
1400
One and one-half stories:
   First floor
1000
1300
1200
1100
850
1100
   Second floor
500
700
500
500
400
500
2-stories or multilevel
   Total not less than.
1850
2200
1900
1850
1500
1850
   Minimum on any one level.
925
1100
950
925
750
925
Multifamily dwelling
500 sf plus 150 sf for each bedroom. (See Table 1153.01 for permitted districts.)
 
   (b)   Commercial:
 
C1
C2
Maximum foot print per retail/commercial space (square feet)
50,000
50,000
(Ord. 2015-125. Passed 11-16-15.)