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Barberton City Zoning Code

CHAPTER 1140

Accessory Uses and Yards

Table 1140B: Requirements for Swimming Pools

Residential Pools *
Other Pools
Residential Pools *
Other Pools
In R Districts:
Type of Use
Permitted
Private pools *
Conditional
Commercial pools *
Prohibited
Minimum lot area
None
3 acres
In All Districts:
Maximum pool area in percent of lot area
5 %
5 %
Minimum fence height around pool or entire lot
5 feet
5 feet
Motor vehicle access to pool area permitted only from
N/A
Commercialpools *: arterial streets
Private pools *: arterial or collector streets
 
* As defined herein.

Notes for Table 1140A

This table applies except where City regulations applicable to a specific kind of accessory use provide a greater or lesser standard.  They apply in all districts except where indicated otherwise.
[a] Fence height, as defined herein.
[b] See also 1210.06(c)(2) for maximum coverage by off-street parking.
[c] Cumulative for all accessory structures in yard.  Excludes areas occupied by open patios and decks, open off-street parking, and swimming pools.  Per-centage of coverage applies to area of actual yard when smaller than area of required yard.
[d] Applies to open porches only.
[e] Except decks, patios, and Accessory Uses that are structurally a part of the principal building.
[f] Except fences, walls, landscape screens, berms, and hedges.  Yard restrictions of Table 1140D may impose greater setbacks from lot lines.   
[g] On single- and two-family residential lots or building sites in RS, RT, & RA Districts. 
[h] Or 50% of floor area of dwelling served, whichever is less.  A larger garage may be approved as a Conditional Use on a lot having no less than 100 feet of frontage.
[i] Attached garages and other areas of a residential building not used for human occupancy may be located within this setback.

(a) Obstructions

Yards, as defined herein, shall be required as provided in Chapter 1110.  The yard space required for one building or structure shall not be used as the required yard space of another adjoining building or structure.
Yards may be obstructed by Accessory Uses or building projections only as provided in Tables 1140C and 1140D.

(b) Reduction in Lot Area

No lot shall be so reduced in area, except as the result of partial acquisition by a public body, that yards or other setbacks are less than required by this Code.

(c) Vacant Through Lots

On a vacant through lot, either of the lot lines abutting a street may be established as the front lot line.
Except that where a through lot is contiguous to a lot on which a front lot line has been established by an existing building, the same street line shall serve as the front lot line of the through lot.

Table 1140C: Maximum Projection into Required yard

Maximum Projection:
ApplicablePercent of Actual Yard Depth
Yard
Inches
Maximum Projection:
ApplicablePercent of Actual Yard Depth
Yard
Inches
Projection or Accessory Use
Awnings/canopies
Any
--25%
Bay windows
Any
18--
Chimneys
Any
24--
Eaves, sills, cornices, or
Front
--25%
gutters
Any
24--
 
Any:   Any yard in which projection or use is allowed by Table 1140D

Table 1140D: Prohibited Yard Obstructions

Projection or Accessory Use
Interior Side Yard
Corner Side Yard
Front Yard [b]
Projection or Accessory Use
Interior Side Yard
Corner Side Yard
Front Yard [b]
Arbors & trellises
-
-
x
Balconies, open
x
-
-
Decks [d]
x
x
x
Dish antennas [a]
x
x
x
Dog houses
x
x
x
Dog runs
x
x
x
Galvanized chain link fences
-
-
x
Garages or carports [a]
-
x
x
Gardens, vegetables
-
-
x
Greenhouses
x
x
x
Laundry drying equipment
x
x
x
Patios, terraces, open
x
x
x
Patios, terraces, enclosed
x
x
x
Porches open [c]
x
-
-
Recreational equipment
x
x
x
Sheds & storage buildings  (detached)
x
x
x
Stoops [e]
-
-
-
Swimming pools, residential [a]
x
x
x
Television or radio towers or antennas [a]
-
x
x
Tennis courts, private
x
x
x
Yards specified are required yard, unless otherwise provided by note [b].
Prohibitions apply only in RS, RT, and RA Districts.
       x = Prohibited
[a]   See also separate regulations for this use in this chapter or in Chapter 1210 or 1250.
[b]   This prohibition applies to the actual yard, as defined herein.
[c]   Maximum 200 square feet. The structure width cannot exceed a width of 20 feet and a depth of 10 feet. The structure MUST maintain the required yard as outlined in this code.
[d]   Decks as defined for this table are structures located in rear yard only.
[e]   Maximum 50 square feet.
(Ord. 148-1995. Passed 12-11-95; Ord. 88-1999.  Passed 5-24-99; Ord. 180-2013.  Passed 12-9-13; Ord. 20-2019.  Passed 4-8-2019.)
(1) Timing
   Accessory Uses and structures shall be compatible with the Principal Use of the lot on which they are located and shall not be established prior to the establishment of the principal use.
(2) Location
   Accessory Uses may be located in yards subject to the provisions of Tables 1140C and 1140D. 
(3) Standards
   Accessory Uses shall conform to applicable standards of Table 1140A.
   (4)   Only "Domestic Animals" as defined in Chapter 1360 shall be permitted on Residential Single-Family, Two-Family and Multi-Family lots, Zoning Code District, RA, RS, RT and RM.
(Ord. 157-2003. Passed 12-15-03.)
(1) Garages, Parking, and Loading
   Garages, carports, open parking spaces, load-ing spaces, and parking of commercial vehicles, recreational vehicles, collector cars, or junk cars as Accessory Uses shall be subject to applicable provisions of Chapter 1210, Parking, Loading, and Vehicular Areas.
(2) Accessory Motor Vehicle Servicing
   Incidental servicing, as defined herein, of motor vehicles owned or leased by residents of the premises shall be an Accessory Use for residential uses in Residential Districts.  No other motor vehicle servicing or repair shall be permitted as such an Accessory Use.
(3) Signs
   Signs shall conform to the provisions of Chapter 1230, Sign Regulations.
(4) Backlit Awnings
      A. Size
      Awnings that are mounted on building facades and that are artificially illuminated from behind or within, whether or not bearing a sign, shall not exceed:
      1. an awning height of 5 feet measured vertically from the top of the awning to the lowest portion of the awning, including any fringe or valance, and
      2. a length equal to 66 percent of the building frontage of the wall on which the awning is displayed along the street, alley, parking area, or other area toward which the awning faces.
      B. Exception
      Awnings larger than any dimension specified in division (b)(4) may be allowed as a Conditional Use under division 1310.03(b).
      C. Where Displayed
      Backlit awnings shall be displayed on ground level stories only.
(5) Swimming Pools
   Swimming pools shall conform to the requirements of Tables 1140A and 1140B.
(6) Antennas
      A. Dish Antennas
      Satellite dish antennas shall conform to the provisions of Section 1250.06.
      B. Other Antennas
      Radio or television towers or antennas as Accessory Uses shall not have an antenna height exceeding 35 feet in Residential Districts except where such limitation would serve to prevent amateur radio communications. Towers and antennas shall not be so positioned as to be a hazard to any utility line.
(7) Projections Over Roofs and Canopies
   Projections or displays mounted on and extending vertically above the highest point of a roof, parapet, canopy, or awning are prohibited except for:
      A. such signs as are allowed to so project by Chapter 1230, and
      B. chimneys, spires, towers, elevator penthouses, mechanical equipment, tanks, antennas, and similar necessary or customary projections of necessary and customary height.
(8) Fences
   Fences shall conform to the provisions of Section 1250.07.
(9) Maintenance
   Backlit awnings, projections over roofs and canopies, and all other Accessory Uses and projections permitted by this chapter shall be maintained by the occupant of the premises in safe, intact, and presentable condition as determined by the Building Commissioner.
(10) Outdoor Furnace.
   Outdoor furnaces, as defined herein, are prohibited for any residential use. For any nonresidential use, a Conditional Use Permit is required.
(Ord. 196-2008.  Passed 10-27-08.)