Editor's note— Sections 1143.01 and 1143.02, which pertained to second residence district, were repealed by Ordinance 78-138, passed December 4, 1978.

Editor's note— Sections 1147.01 and 1147.02, which pertained to fourth residence district, were repealed by Ord. No. 78-140, passed December 4, 1978.

Editor's note— Former Chapter 1148, which pertained to architectural board of review, was repealed by Ord. No. 01-33. See Chapter 1128.

In a First Residence District the following buildings, structures and uses are permitted:

(A)

Single-family dwelling.

(B)

In territory adjacent to and within 120 feet of a Retail Business District or Commercial Business District, and not separated therefrom by a street: two-family dwelling, duplex dwelling, double house. (Ord. 54-42. Passed 4-29-54. Art. IV, §1.)

(C)

(EDITOR'S NOTE: This subsection was repealed by Ordinance 05-50, passed June 27, 2005.)

(D)

Public park; public playground; public recreation building; water supply reservoir, tower or filter bed; and any other public use deemed by the Council to be essential to the exercise of a municipal function.

(E)

Railway passenger station; railway right-of-way for main through tracks.

(Ord. 54-42. Passed 4-29-54; Art. IV, Sec. 1.)

No building, structure or use enumerated in C.O. 1141.01(C) of this chapter shall be permitted hereunder except upon the following conditions:

(a)

A site plan and general building plan showing the proposed development of the site and lot and the design, location and uses of buildings, structures and open spaces as proposed, together with applications for approval thereof, shall be first submitted to the Planning Commission. On the date of such filing a copy of each of such documents shall also be filed by the applicant with the Clerk of the Council and with the Building Commissioner.

(b)

The Commission shall within 60 days after such filing, and after public hearing, approve or deny such application. Such approval of an application shall be given if the Commission by resolution finds that the building, structure or use will, in the judgment of such Commission, substantially serve the public convenience and welfare, will not substantially and permanently injure or interfere with the appropriate or existing permitted use of neighboring property, will not substantially and permanently injure or depreciate the value of such neighboring property and will conform with the applicable restrictions of this Zoning Code. Within five days after adoption of such resolution, a certified copy thereof shall be filed by the Secretary of the Commission with the Clerk of Council, and a copy thereof shall on the same date be filed by such Secretary with the Building Commissioner.

(c)

Any filing with the Clerk of Council as provided for in subsection (b) above shall be reported by the Clerk of Council to the Council at the next regular meeting thereof following such filing. Thirty days thereafter the action of the Commission shall become effective unless prior thereto the Council by resolution adopted by concurring vote of two-thirds of the members thereof shall have reversed such action; provided, however, that if prior to the expiration of such 30 days the Council by concurring vote of a majority of the members elected thereto shall approve such action, the same shall thereupon become effective.

(d)

No modification or change in any building, structure or use approved pursuant to subsection (c) above, shall be made except upon application to the Commission and after approval thereof as required hereunder for the building, structure or use sought to be modified or changed.

(Ord. 54-42. Passed 4-29-54; Art. IV, Sec. 1.)

Editor's note— This section, which pertained to premises used for open air assemblies, was repealed by Ord. No. 60-79, passed 2-20-61.

The following accessory buildings, structures and uses are permitted on a lot in a First Residence District:

(A.1)

Air conditioners, as governed by C.O. Chapter 1359.

(A.2)

Swimming pools, as governed by C.O. Chapter 1349. (Ord. 71-80. Passed 6-7-71.)

(B)

(EDITOR'S NOTE: This subsection was repealed by Ordinance 73-146, passed December 17, 1973. See Chapter 1163 for fence regulations.)

(C)

Beach house or boat house not used for human habitation and so located that no part of such structure projects above the grade of the lot at the street line.

(D)

In a dwelling or apartment occupied as a private residence: Rooms may be rented, provided, however, that no window display or sign is used to advertise such use. Not more than two rooms per residence may be so rented and not more than two persons per residence, other than the principal occupant's family, shall be permitted to occupy such premises. (Ord. 61-201. Passed 12-4-61.)

(E)

On a lot occupied by an apartment house: Community garage.

(F)

Off-street parking spaces as required by Chapter 1191. (Ord. 54-42. Passed 4-29-54, Art. V, §4.)

(G)

Signs as governed by C.O. Chapter 1179. (Ord. 76-62. Passed 6-7-76.)

(H)

Any building, structure or use customarily accessory or incidental to a permitted use, on special permit. (Ord. 54-42. Passed 4-29-54, Art. V, §4.)

(Ord. No. 23-74, § 1, 7-13-2023)

(A)

Conditional uses are certain types of main uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirements or other features, and shall not be permitted in the First Residence District by right. Such uses require consideration and approval by the Planning Commission according to procedures and standards set forth in Chapter 1124. Only those uses enumerated in Section 1141.05 (A) may be approved in the specific districts.

(1)

Places of worship.

(2)

Schools—both public and privately owned.

(3)

Public libraries.

(4)

Public museums.

(5)

Municipally owned buildings and structures.

(B)

The following accessory buildings, structures and uses are permitted on a lot approved by the Planning Commission as a Conditional Use.

(1)

Parsonage.

(2)

Convent.

(3)

Garages.

(4)

Utility buildings.

(Ord. 05-51. Passed 6-27-05.)

A family or group home for the developmentally disabled is a permissible use in the First Residence District, Third Residence District, Attached Residence District and Existing Residential Building District, provided that all the requirements set forth in this chapter are met.

(Ord. 90-12. Passed 3-19-90.)

(a)

Developmental disability means a disability that originated before the attainment of 18 years of age and can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society, and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services.

(b)

Family home means a home in which persons with developmental disabilities reside, that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.

(c)

Group home means a home in which persons with developmental disabilities reside, that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than 16 persons with developmental disabilities.

(Ord. 90-12. Passed 3-19-90.)

(a)

Every person desiring to operate a family home or a group home shall apply for licensure of the facility to the Director of Mental Retardation and Developmental Disabilities of the State of Ohio.

(b)

Each individual, group or agency operating a family home or group home, approved as provided in this chapter, shall inform the Building Commissioner of the renewal, expiration, termination, or revocation of any license, approval or certification issued by any county, state, or federal agency and shall inform the Building Commissioner of any change in the identity of the individual, group or agency operating such a family home or group home, as provided for in Ohio R.C. 5123: 2-3-07.

(Ord. 90-12. Passed 3-19-90.)

Persons in the following categories shall not be admitted to a family or group home as residents or employed for compensation or otherwise as personnel in the home:

(a)

A nondevelopmentally disabled person with a felony criminal record;

(b)

Persons with communicable diseases as provided in Ohio R.C. 5123:2-3-08;

(c)

Persons found incompetent to stand trial or not guilty by reasons of insanity of a felonious offense;

(d)

Persons who constitute a reasonably foreseeable danger to the community or themselves; or

(e)

Persons who use or are addicted to illegal substances/drugs or abuse alcohol.

(Ord. 90-12. Passed 3-19-90.)

(a)

A family home or group home shall conform to and shall be maintained in accordance with all applicable city, county, and state codes, including but not limited to health, safety and fire prevention regulations.

(b)

Space and equipment requirements shall strictly adhere to the State of Ohio's Department of Mental Retardation and Developmental Disabilities standards as set forth in Ohio R.C. 5123:2-3-11.

(c)

Such home shall contain smoke detectors and fire extinguishers on each floor, as prescribed by the Fire Chief.

(d)

Signs or other means of identification as a family or a group home shall not be permitted.

(Ord. 90-12. Passed 3-19-90.)

Each family and group home shall be inspected annually by the Building Department and the Fire Division.

(Ord. 90-12. Passed 3-19-90.)

Upon notice from the State of Ohio of the proposed issuance of license for a family home or group home, an information application shall be filed by the individual, group, or agency intending to operate the family home or group home. Such application shall include the following information:

(a)

The name, address and telephone number of the operator;

(b)

The name, address and telephone number of the operator's sponsoring group or agency;

(c)

The address of the home;

(d)

The projected capacity of the home; classification of handicap, and types of clients served;

(e)

The timing of any certificate or license renewal process and dates;

(f)

The experience of the sponsoring agency, applicant and supervisory personnel, including references;

(g)

The number and type of personnel to be employed at the home;

(h)

A description of the admissions policy, procedures, and committee membership to be utilized for persons desiring to reside in the home; and

(i)

Any other information required by the Building Commissioner or the Fire Chief to assure public health and welfare.

(Ord. 90-12. Passed 3-19-90.)

Occupancy as a family home or a group home shall not be considered as a change of use in a building which has been used for residential purposes immediately prior to its use as a family or group home.

(Ord. 90-12. Passed 3-19-90.)

The owner, lessee, licensing agency, or operator may not change the use as set forth in this chapter without review or approval of the Planning Commission and Council.

(Ord. 90-12. Passed 3-19-90.)

Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than $100.00 for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 90-12. Passed 3-19-90.)

In a Third Residence District, the following buildings, structures, use or conditional uses are permitted:

(A)

Any building, structure, use or conditional use permitted and as regulated in a First Residence District. (Ord. 5-73. Passed 6-27-05.)

(B)

Administrative office buildings and research laboratory upon approval, and subject to restrictions, as follows:

(1)

A site plan and general building plans showing the proposed development of the site and lot and the design, location and uses of buildings, structures and open spaces as proposed, together with application for approval thereof, shall be first submitted to the Planning Commission of the City by filing the same with the Secretary of the Commission. On the date of such filing a copy of each of such documents also shall be filed by the applicant with the Clerk of Council and with the Building Commissioner.

(2)

The Commission shall within 60 days after such filing, and after public hearing, approve or deny such application. Such approval of an application shall be given if the Commission by resolution finds that the construction, operation and maintenance of such building, structure or use is consistent with the permitted use of neighboring property, will not substantially and permanently injure or depreciate the value of such property, is not of such nature as to constitute a hazard or nuisance to such property or persons thereon, will not adversely affect the public health, safety, convenience or comfort, and will conform with the applicable restrictions of this Zoning Code. Within five days after adoption of such resolution a certified copy thereof shall be filed by the Secretary of the Commission with the Clerk of Council, and a copy thereof shall on the same date be filed by such Secretary with the Building Commissioner.

(3)

Any filing with the Clerk of Council as provided for in subsection (B)(2) hereof shall be reported by the Clerk to Council at the next regular meeting thereof following such filing. Thirty days thereafter the action of the Commission shall become effective unless prior thereto Council by resolution adopted by concurring vote of two-thirds of the members thereof shall have reversed such action; provided, however, that if prior to the expiration of such 30 days Council by concurring vote of a majority of the members elected thereto shall approve such action, the same shall thereupon become effective.

(4)

All buildings, structures and uses permitted pursuant to this subsection (B) shall conform with the following restrictions:

(a)

Not more than 16 percent of the area of a lot shall be occupied by buildings. For the purpose of this subsection (4)(a) and for the purpose of C.O. 1151.02, the area occupied by a building permitted pursuant to this subsection (B) shall include all portions thereof extending beyond the foundation thereof, whether at, above or below grade level.

(b)

The total number of persons employed in or upon all buildings, structures and uses located on a lot shall not exceed 18 times the number of acres comprising such lot.

(c)

All buildings, structures and uses shall be set back at least 125 feet from all lot lines and all district boundary lines and at least 40 feet from all lot lines except where the district boundary lines or lot lines coincide with the City boundary line.

(d)

Driveways providing access to such buildings, structures or uses shall so relate to the public street system as to avoid unsafe conditions and traffic congestion. No driveways shall be constructed within 100 feet of any district boundary line which does not coincide with the center line of the street.

(e)

All building service entrances shall be so located, or screened with planting and landscaping, as not to be visible from points outside the lot on which such building is located. All business deliveries to and from any building, structure or use shall be made between the hours of 8:00 a.m. and 6:00 p.m., except that no such deliveries shall be made on Sunday.

(f)

All dust, smoke, fumes, gas, noise, odor and vibration shall be confined to the lot on which such building, structure or use is located.

The provisions of subsections (c) and (d) hereof shall not apply where the district boundary lines or lot lines referred to therein coincide with the City boundary lines.

(5)

No modification or change in any building, structure or use approved pursuant to subsection (B) hereof shall be made except upon application to the Commission and after approval thereof as required hereunder for the building, structure or use sought to be modified or changed.

(C)

On a corner lot: Duplex dwelling.

(Ord. 78-139. Passed 12-4-78.)

The following accessory buildings, structures, uses and conditional uses are permitted on a lot in a Third Residence District:

(A)

Any accessory building, structure, use and conditional use permitted and as regulated in a First Residence District. (Ord. 05-74. Passed 6-27-05.)

(B)

With respect to buildings, structures and uses permitted pursuant to Section 1145.01(B):

(1)

Cafeterias and restaurants limited to use by employees and visitors to the premises.

(C)

Any building, structure or use customarily accessory or incidental to a permitted use, on special permit.

(Ord. 78-139. Passed 12-4-78.)

A Cluster Development District and its regulations are established in order to preserve and enhance the predominantly singe-family residential character of the City, and to encourage economical and efficient use of land through unified development. These regulations are intended to ensure development is compatible with the surrounding single-family neighborhood and comply with an approved development plan prepared by the property owner.

(Ord. 00-66. Passed 8-7-00.)

In a Cluster Development District the following buildings, structures and uses are permitted:

(a)

Single-family cluster detached dwelling.

(b)

Common open space.

(c)

Accessory uses permitted in 1146.05(g).

(Ord. 00-66. Passed 8-7-00.)

(a)

Cluster development, as used in this chapter, means that part of the development area designed and intended for the construction of single-family detached dwelling units in a unified and harmonious arrangement as reflected on a plan indicating all dwelling units within a specific portion of the development area.

(b)

Open space, as used in this chapter, means that portion of the total acreage not devoted to buildings and pavement. Open Space includes the spaces between buildings, required yards and setbacks, landscaped buffers and lawn areas, tennis courts, swimming pools or other recreational improvements.

(c)

Community party room means a structure not used for human habitation and is subject to Section 1146.05(i) regarding height restrictions.

(d)

Terrace means a flat roof or open platform. (Ord. 00-66. Passed 8-7-00.)

(e)

Building height is the vertical distance measured from the designed finished ground grade at center of front elevation.

(Ord. 00-100. Passed 10-16-00.)

The gross area of a tract of land proposed to be developed in a cluster development shall be no less than four contiguous acres and no more than ten contiguous acres.

(Ord. 00-66. Passed 8-7-00.)

A cluster development use shall comply with the following criteria:

(a)

Subdivision of tract. The entire tract of land proposed for a cluster development shall be considered one zoning lot. Any subdivision of land within the zoning lot, at the election of the applicant, shall not need to comply with the lot area, lot width or yard requirements established for the district in which the cluster development is located.

(b)

Density. The density of a cluster development shall not exceed three units per acre in an R-1 District, and six dwelling units per acre in an R-3 District. The total number of units permitted shall be calculated by multiplying the total land area by the density per acre.

(c)

Distance from project boundary lines. All dwelling units shall be located no closer than 50 feet to a public right-of-way; 20 feet from a private street; and 30 feet to any lot line of the project boundary excluding area abutting any public right-of-way. Area abutting the public right-of-way must have a 50 foot frontage.

(d)

Spacing between buildings. In order to ensure reasonable privacy and separation, individual buildings within the Cluster Development District including terraces, decks and patios shall be no closer to another structure than 12 feet, or as further required to meet City and state codes for fire and safety.

(e)

Access drives. Cluster developments shall provide adequate ingress and egress for all dwelling units in compliance with the following standards:

(1)

A minimum of one common driveway accessing a public right-of-way for every five acres shall be provided to minimize the number of curb cuts.

(2)

If the Cluster development does not abut an existing public right-of-way, access including the driveway from that right-of-way to the development shall be a minimum of 50 feet wide.

(3)

Corner development lots shall provide access to the side street only.

(4)

When it is in the interest of good traffic operation, the Planning Commission and Council may vary these requirements.

(f)

Requirements for public sites. No less than 50 percent of the total acreage shall be devoted to open space.

(g)

Accessory uses. The following accessory buildings, structures and uses are permitted in the Cluster Development District.

(1)

Air conditioners.

(2)

Swimming pools, as governed by Chapter 1349.

(3)

Community party room.

(4)

Off-street parking spaces serving more than one dwelling unit shall be located no closer than ten feet to the side or rear of dwelling.

(5)

Any building, structure or use customarily accessory or incidental to a permitted use, on special permit granted by the Board of Zoning Appeals.

(h)

Prohibited uses.

(1)

The rebuilding, overhauling, or dismantling of a motor vehicle or the storage of motor or body parts in an open yard is prohibited, nor shall anyone store, place or allow to remain a motor vehicle in an inoperative condition, or unfit for further use as motor vehicles, and/or automobile parts on private or public property unless kept within a building. Any repairing of any type of motor vehicle by owners of the vehicles, or members of their household, must be completed within a period of 72 hours and if repairs are such that more than 72 hours are necessary to repair the motor vehicle, the repairs shall not be performed within the City, unless kept within a building.

(2)

No trucks over three-fourths ton capacity may be stored on any lot unless stored in a garage or behind the set back line and is used solely by the occupant of the dwelling.

(3)

Maintenance of livestock. Maintaining or harboring of livestock or fowl is expressly prohibited.

(i)

Height regulations. Cluster Homes shall not exceed two stories or 30 feet in height, whichever is less.

(j)

Minimum square footage. See Chapter 1157.

(k)

Sidewalk construction: Fees. See Chapter 903.

(l)

Driveways. On driveways, the specifications for concrete sidewalks shall be adhered to, except that in all concrete driveways there must be at least six inches in thickness of concrete. In addition, all driveways must be constructed to the satisfaction of the Director of Public Service and Properties, who is hereby given discretion where emergencies require.

(m)

Streets. All dedicated streets shall comply with Chapter 1111 and 1112 of the Zoning Code. Construction methods, standards and materials for private drives must meet accepted engineering practice and be approved by the Director of Public Service and Properties.

(n)

Water supply, sanitary systems and storm systems. The location, design and construction of all utilities on private or common land must be approved by the Director of Public Service and Properties and the appropriate utility company.

(o)

Parking. Parking shall be required in accordance with the requirements set forth in Section 1191.02 (u). Additional guest off-street parking areas may be required by the Planning Commission if it determines that such additional parking is necessary to adequately serve the needs of the Cluster area.

(p)

Garages. A minimum of two enclosed, attached parking spaces shall be provided for each unit.

(q)

Solid waste disposal. Arrangements for the performance of rubbish and garbage collection and removal, or any subsequent modification of said arrangements, shall be set forth in writing and subject to City Council approval.

(r)

Additional standards. Additional site specific development requirements formulated to achieve the objectives of these regulations shall be established at the time cluster development plans are reviewed. Any dimensional specifications adopted with such plan become binding land use requirements for the cluster development and shall supersede those contained in the district regulations.

(Ord. 00-66. Passed 8-7-00.)

All development within a Cluster Development District shall be landscaped according to a landscape plan accepted as part of the Final Development Plan. Planting, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances. Natural wooded areas shall be preserved whenever feasible.

(Ord. 00-66. Passed 8-7-00.)

(a)

As a condition of approval of a proposed development under provisions of this chapter, plans for the care, maintenance, use and disposition of all public and common area, if any, shall be approved by the City Planning Commission providing for:

(1)

The public dedication and acceptance for maintenance by the City of property found by the Council to be of benefit to the general public; or

(2)

The retention of property in common ownership of the individual owners through appropriate legal means with appropriate legal provisions to insure continuous maintenance and use for the purpose intended.

(b)

All areas proposed for dedication to the City must be acceptable as to size, shape, location and improvement and shown by the applicant to be of benefit to the general public. Title of all land dedicated to public use shall be unencumbered at the time of conveyance and all areas shall be fully improved by the applicant, as required by the City Planning Commission, including all utilities, public walkways and streets through or abutting the property.

(c)

For all areas proposed for common ownership by the residents, all rights of development other than for the use specified in the approved Final Development Plant shall be subject to approval of the City. However, every proposal for such use, including parking areas, private access ways, private parks and recreational facilities, and common service facilities shall be accompanied by appropriate legal documents which provide for the management and maintenance of common facilities. Legal instruments providing for dedications, covenants, home association and subdivision controls shall:

(1)

Place title of common property in a form of common ownership by the owners and/or residents of the area; e.g., a duly constituted and legally responsible home association, cooperative, etc.

(2)

Appropriately limit the use of common property.

(3)

Place responsibility for management and maintenance of common property. Council, at its discretion may require the applicant to obtain City services, for maintenance of commonly held properties where the public health, safety and/or welfare may require.

(4)

Place responsibility for enforcement of covenants.

(5)

Permit the subjection of each unit to assessment for its proportionate share of maintenance costs.

(d)

All common property shall be fully improved by the applicant, as required by the Council, including all utilities, public walkways and streets through or abutting the property.

(e)

The use, condition and maintenance of all common properties shall comply with City ordinances and existing regulations in all respects.

(Ord. 00-66. Passed 8-7-00.)

All signs shall conform to the requirements of Chapter 1179.

(Ord. 00-66. Passed 8-7-00.)

The purpose of establishing and applying barrier-free standards is to encourage the provision of housing to meet the special needs of individuals and families. These standards are intended to reduce restrictions in the built environment for older residents and people who have temporary or permanent loss of mobility.

(a)

Density bonus computations. Developments with units constructed in compliance with standards established by the Americans With Disabilities Act Accessibility Guidelines may be eligible for additional density as follows:

(1)

For every unit constructed under the standards of this section, one additional unit meeting the standards of this section will be permitted.

(2)

Density of the overall development may be up to, but shall not exceed, 125 percent of the base density of three units per acre in R-1 District, 125 percent of the base density of six units per acre in R-3 District. When computing the final number of permitted units, any fractional units shall be rounded down to the nearest whole number.

(Ord. 00-66. Passed 8-7-00.)

See Codified Ordinance Chapter 1129.

(Ord. 01-34. Passed 3-19-01.)

An accessory building, structure or use, except in Business Districts, shall be located on a lot at least ten feet behind the outer rear wall of the main building or structure located upon such lot and at least three feet from any lot line. On a corner lot the rear line of which coincides with the side line of a lot in a Residence District, such accessory building, structure or use shall be located at least 25 feet from the side line of such lot which coincides with a street line at least ten feet from such rear line. In a Residence District the location of an accessory building, structure or use on a lot used for main buildings, structures or uses permitted by Section 1145.01(B) shall conform with the restrictions applicable to main buildings, structures or uses in such district.

(Ord. 78-153. Passed 12-18-78; Ord. No. 23-75, § 1, 7-13-2023)

In a First Residence District and Third Residence District not more than 30 percent of the rear yard area of a lot shall be occupied by permitted accessory buildings, structures or uses. However, this limitation shall not apply to driveways and open parking spaces in nonresidential uses contained in Section 1141.01(C), provided suitable buffers are installed.

(Ord. 79-43. Passed 4-2-79; Ord. No. 23-75, § 1, 7-13-2023)

The height of an accessory building or structure in Residence Districts shall be limited as provided in Chapter 1151.

(Ord. 54-42. Passed 4-29-54. Art. V, § 3; Ord. No. 23-75, § 1, 7-13-2023)

(a)

The rebuilding, overhauling, or dismantling of a motor vehicle or the storage of motor or body parts in an open yard is prohibited, nor shall anyone store, place, or allow to remain a motor vehicle in an inoperative condition, or unfit for further use as motor vehicles, and/or automobile parts on private or public property unless kept within a building. Any repairing of any type of motor vehicle in any Residential District by owners of the vehicles, or members of their household, must be completed within a period of 72 hours and if repairs are such that more than 72 hours are necessary to repair the motor vehicle, the repairs shall not be performed in any Residential District located within the City, unless kept within a building.

(b)

No trucks over three-fourths ton capacity may be stored on any lot in any Residential District unless stored in a garage or behind set back line and is used solely by the occupant of the dwelling.

(Ord. 76-33. Passed 3-1-76; Ord. No. 23-75, § 1, 7-13-2023)

(a)

Right to attach. Attached to or form part of a living unit if separated from said living unit by walls, partitions and ceilings of materials to restrict the passage of gases, smoke and odor from the garage to other parts of the building.

The garage area shall relate to the house area as follows:

(b)

Construction requirements. The ceiling and interior faces of all frame walls of every garage, any part of which is attached to a dwelling house either directly or by a breezeway, shall have a fire-resistance rating of not less than one hour.

(c)

Requirements where connecting door. Where there is a door opening between the garage and the living unit, the garage floor shall pitch away from that door opening at a slope of not less than one-fourth inch per foot. Such opening shall be provided with a self-closing door of metal, metal covered, solid wood or other approved type having a fire-resistance rating of not less than one hour.

(d)

Living quarters above. Where living quarters are located above the garage, such quarters and egress facilities shall be protected from the garage area by construction having a fire-resistance rating of not less than one hour.

(e)

Basement garages. Basement garages shall be continuously ventilated by a mechanical ventilating system with positive means for both the inlet and exhaust of at least one cubic foot of air per minute per square foot of floor area. Control of either the exhaust or inlet fan shall be close to the entrance door.

(Ord. 13-99. Passed 2-24-14; Ord. No. 23-75, § 1, 7-13-2023)

(a)

Height and size. No detached garage shall be in excess of 18 feet in height to the peak of the gable. The area of a detached garage shall be related to the house area as follows:

Detached garages shall be related to the habitable size of the house and may not exceed 30 percent of the rear yard.

(Ord. 13-99. Passed 2-24-14; Ord. No. 23-75, § 1, 7-13-2023)

Sports, training and/or recreational structure, outdoor courts, ice skating or sports rinks, playground equipment, and like uses or structures including all illumination, shall require a special permit issued by the Board of Zoning Appeals (Section 1121.42). The Board of Zoning Appeals shall use the following criteria:

(a)

Shall be constructed at grade level and be comprised of clay, natural or artificial grass, concrete, or other hard surface material.

(b)

Shall only be located in the rear yard, and conform to the setback requirements as set forth in Section 1149.01 of this code.

(c)

Fencing, as required, will comply as governed by C.O. Chapter 1163.

(d)

Recreation courts shall not be used for any propelled or motorized vehicles or devices of any kind.

(e)

Outdoor lighting fixtures installed in commercial, manufacturing, residential and multi-family districts shall comply with the following:

(1)

Only fully shielded lumenaires shall be utilized.

(2)

Cut-off angle or placement of all lumenaires will be such that the level of lighting shall not exceed 11 lux at any property line measured by meter line of sight to any lumenaire. No direct light will be allowed to trespass onto other properties other than light incidental to fully shielded lighting.

(f)

The Board of Zoning Appeals may set hours of use for the structure or use as a requirement of the special permit.

(Ord. No. 23-75, § 1, 7-13-2023)

(a)

The intent of this section is to set forth regulations which control the establishment and operation of home occupations and to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory, incidental and subordinate use and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood or building in which it is located.

(b)

Any home occupation, full or part time, shall be permitted as an accessory use in residential districts subject to the following conditions:

(1)

A home occupation per this Zoning Code is considered an accessory use, including the principal use of the home for providing supervision, personal care services and habilitation services to individuals under license issued by the State of Ohio.

(2)

Must be conducted within a dwelling or an accessory structure, or both, and located on the same lot as the principal building or use, except for the use of phones, computers and other personal electronic communication devices.

(3)

Shall be incidental and subordinate to the principal use of the lot and shall not create a hazard to neighboring properties.

(4)

Only those who reside at the premises may participate or work in the home occupation(s). Home occupations delivering supervision, personal care services and habilitation services to individuals under license issued by the State of Ohio are exempt from this limitation.

(5)

No equipment, process, materials or chemicals shall be used in such home occupation which creates noise, above 70 decibels between the hours of 9:00 PM and 8:00 AM, or which creates vibration, glare, noxious fumes, hazardous waste, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any electronic receivers, or causes fluctuations in line voltage off the premises.

(6)

Shall not involve the storage or use of hazardous, dangerous or odorous materials as outlined in U.S. Department of Transportation (DOT), nor shall occupation use constitute a fire hazard endangering the site or adjoining property.

(7)

Exterior signage or change in the outside appearance of the building or premises shall not be permitted indicating any home occupation.

(8)

No on-site retail sale of goods shall be permitted.

(9)

No vehicle repair, mechanical repair or servicing shall be permitted.

(10)

No home occupation shall require the daily services of a commercial freight carrier. This subsection shall not prohibit those delivery services normally and customarily associated with residential uses.

(11)

No wholesale, jobbing, or retail business shall be permitted unless it is conducted entirely by mail, telephone, or electronically and does not involve the receipt, delivery, sale or storage of merchandise on or from the premises.

(12)

No exterior alterations or building additions to accommodate the use shall be permitted. Home occupations delivering supervision, personal care services, group home and habilitation services to individuals under license issued by the State of Ohio are exempt from this limitation.

(13)

No activity shall cause an increase or burden in the use of one or more public utilities so that the combined use of the residence and occupation does not exceed the average use for residences in the neighborhood or clustered living units.

(Ord. No. 23-75, § 1, 7-13-2023)

(a)

Violations of this code section are subject to the provisions of section 1123.99.

(Ord. No. 23-75, § 1, 7-13-2023)

The footing or foundation of every dwelling or appurtenant structure shall be supported by satisfactory bearing material which shall mean natural deposits of rock, gravel, sand, clay or any combination of these which will serve as a good, substantial and firm foundation for the bearing loads to be applied thereon.

(Ord. 13-98. Passed 2-24-14.)

Any new dwelling construction shall present an above grade foundation wall facing approved by the Building Official, including but not limited to the following:

(a)

Applied architectural facing.

(b)

Molded, cast in place foundation with a finished surface such as a brick pattern.

(c)

Brick or finished veneers.

(d)

Stone or cultural stone products.

(e)

Stucco.

(f)

Any other professional product designed to be used as a finished material for exterior, above grade, exposed foundation walls as approved by the Building Official.

(Ord. 13-98. Passed 2-24-14.)

Except as hereinafter otherwise provided in Chapter 1183 for Apartment and Business Districts, no main building or structure hereafter built, rebuilt, enlarged or altered shall exceed 35 feet in height, measured from the designed finished ground grade at center of front elevation, and no accessory building or structure shall exceed 18 feet in height to the peak of the gable, provided, however, that such limitation shall not apply to restrict the height of a church spire, belfry, clock tower, wireless tower, chimney, air intake, cooling tower, flue, water tank, elevator bulkhead or cupola which shall not exceed three feet in length or width, and provided further, however, that such limitation shall not apply to prevent the erection of a parapet wall or cornice for ornamental purposes and without windows so long as the same does not extend more than three feet above such height limit.

(Ord. 00-99. Passed 10-16-00.)

Where the total foundation areas of buildings and structures on a lot in a Residence District will occupy not more than 20 percent of the area of such lot, the Board of Zoning Appeals may, on special permit, authorize the height of building appurtenances in addition to those enumerated in C.O. 1151.01 to be extended above the limit prescribed in this chapter.

(Ord. 54-42. Passed 4-29-54. Art. VII, §3)

(1)

In a Residence District every building, structure and use, other than an accessory building, structure or use, shall have a front yard, two side yards and a rear yard.

(2)

Except as hereinafter provided in Chapter 1181 for Apartment and Business Districts, every building, structure and use, other than an accessory building, structure or use, shall have a front yard and a rear yard.

(Ord. 54-42. Passed 4-29-54. Art. VII, §2)

(1)

In all Residence Districts the building line for a lot abutting upon a street a existence on April 29, 1954 is hereby established on such lot as shown for such lot on the Zone Map No. 2 of the City of Bay Village, dated October 3, 1972.

(2)

In a First Residence District the building line of a lot abutting upon a street created after April 29, 1954, is hereby established on such lot 75 feet from and parallel to the center line of such street.

(3)

In a Third Residence District the building line of a lot abutting upon a street created after April 29, 1954, is hereby established on such lot 65 feet from and parallel to the center line of such street.

(4)

Whenever any lot in existence as such on April 29, 1954 is of such restricted area that it cannot be appropriately improved without constructing beyond the building line established by this Zoning Code for such lot, on special permit construction beyond such building line may be authorized to an extent necessary to secure an improvement of such lot appropriate to the surrounding neighborhood.

(Ord. 78-142. Passed 12-18-78.)

(1)

Except as provided in Subsection (3), in the First and Third Residence Districts the sum of both required side yards shall be not less than 30 percent of the width of the lot measured at the building line and neither side yard shall be less than established in the following line chart. In no case shall the sum of the widths of the two side yards be required to exceed 50 feet.

(2)

Existing principal building. Existing principal buildings with side yards of less than those specified in Section 1153.03(1), an addition may be constructed provided that the new addition does not encroach into the existing side yard any further than the foundation sidewalls of the existing building as determined by the Building Director.

(3)

The following projections into a side yard shall not be counted in determining the required side yards but shall be counted for all other purposes:

(a)

Chimney, provided however, that projection does not exceed two feet.

(b)

Window sills, window seats, garden windows, bay windows, belt courses, cornices, roof overhangs and other ornamental features. Projection shall not exceed two feet.

(c)

Non-weight bearing ornamental walls (wing walls) which do not exceed four feet in height and two feet in length.

(4)

A corner lot in any district shall have a side yard abutting upon either street with a minimum depth of not less than one-fourth of the width of such lot or at least equal to the required front yard depth of such street, whichever depth is smaller.

(Ord. 04-77. Passed 6-29-04.)

In a First Residence District and Third Residence District the depth of a required rear yard shall equal at least one-fourth of the depth of the lot, provided, however, that such depth shall not be required to exceed 50 feet.

(Ord. 78-142. Passed 12-18-78.)

In a First Residence District no dwelling shall hereafter be constructed or enlarged upon a lot unless such lot contains in area not less than 14,700 square feet per family to be housed in such building.

(Ord. 78-143. Passed 12-18-78.)

(A)

In a Third Residence District no dwelling shall hereafter be constructed or enlarged upon a lot unless such lot contains in area not less than 7,500 square feet per family to be housed in such building.

(B)

In a Third Residence District no buildings or structures permitted by C.O. 1145.01(B) shall hereafter be constructed upon a lot unless such lot contains in area not less than 25 acres.

(Ord. 78-143., Passed 12-18-78.)

Editor's note— Section 1155.03 was repealed by Ord. No. 78-143, passed December 18, 1978.

Notwithstanding the provisions of the preceding sections, a single-family dwelling may be constructed on a lot separately owned on September 5, 1922, or on a numbered lot in a subdivision recorded in the Office of the Recorder of Cuyahoga County prior to April 29, 1954.

(Ord. 54-42 Passed 4-2—54. Art. VII, §4)

In computing the area of a lot for the purposes of C.O. 1155.01, 1155.02(A) and 1155.03 the depth used shall not exceed three times the mean width of such lot.

(Ord. 78-143. Passed 12-18-78.)

No lot area used for the purpose of meeting the requirements of this Zoning Code for any building, structure or use in Residence Districts shall be reduced or again considered as any part of the lot area required for any other building, structure or use.

(Ord. 54-42. Passed 4-29-54. Art. VII, §4)

(A)

Lot coverage is that portion of the lot, which when viewed directly above, would be covered by a structure, driveway, parking or loading area, or all other surfaces that are impermeable or substantially impervious to water. Such surfaces shall also include, recreational courts, walks, patios, swimming pools and any material that provides a significant barrier to the absorption of storm water into the ground located directly below. Decks, pervious paver blocks and other materials that are designed with adequate openings to allow storm water to pass through shall not count as impervious surface. The Building Director shall have the final determination of what structures and materials are considered impervious surfaces.

(B)

The maximum lot coverage in all residential districts shall be no greater than 40 percent of the lot on all R-1 and R-3 lots over 5,500 square feet in area.

(Ord. No. 25-63, § 1, 5-19-2025)

In a First Residence District every single-family dwelling hereinafter constructed shall have a minimum foundation area and a finished liveable floor area as follows:

(1)

If of one story construction, a foundation area of not less than 1,600 square feet and a finished liveable floor area of not less than 1,600 square feet. (Ord. 64-90. Passed 10-5-64.)

(2)

If of one and one-half story construction, a foundation area of not less than 1,000 square feet and a finished liveable floor area of not less than 1,700 square feet. (Ord. 54-42. Passed 4-29-54. Art. VII, §5)

(3)

If of split level construction a foundation area of not less than 950 square feet and a finished liveable floor area of not less than 1,700 square feet. (Ord. 58-20. Passed 3-24-58.)

(4)

If of two story construction a foundation area of not less than 780 square feet and a finished liveable floor area of not less than 1,750 square feet.

(Ord. 54-42. Passed 4-29-54. Art. VII, §5)

Editor's note— Section 1157.02 was repealed by Ordinance 78-144, passed December 18, 1978.

In a Third Residence District every single-family dwelling hereinafter constructed shall contain not less than 960 square feet of liveable floor area and

(1)

If of one story construction, a foundation area of not less than 960 square feet, or

(2)

If of one and one-half story construction, a foundation area of not less than 832 square feet, or

(3)

If of two story construction, a foundation area of not less than 672 square feet.

(Ord. 54-42. Passed 4-29-54. Art. VII, §5)

Editor's note— Section 1157.04 was repealed by Ordinance 78-144, passed December 18, 1978.

All finished liveable floor area, or floor area planned for finished liveable floor area, shall be supported by beams as required by the Building Standards of the City.

(Ord. 54-42. Passed 4-29-54. Art. VII, §5)

For the purpose of this chapter, in determining foundation area, porches, verandas, breezeways, bays, garages and areas occupied by the central heating plant, the water heater or the incinerator shall not be included.

(Ord. 54-42. Passed 4-29-54. Art. VII, §5)

Every duplex, double house and two-family dwelling hereafter constructed shall contain liveable floor area equal to not less than one and three-fourths times the liveable floor area required of a single-family dwelling in the same district and of like story construction, and shall also contain a foundation area equal to not less than one and three-fourths times the foundation area required of a single-family dwelling in the same district and of like story construction.

(Ord. 56-86. Passed 6-5-56.)

The Attached Residential District and its regulations are established to achieve the following purposes:

(a)

To provide alternative housing choices to accommodate current residents as they enter new life phases;

(b)

To support the goals and recommendations of the City's 1999 Master Plan and the Retail Improvement Strategy relative to housing options, redevelopment and infill;

(c)

To protect the desirable characteristics of both existing and planned residential development, to maintain stability;

(d)

To provide an appropriate transitional use between single family residential and non-residential uses;

(e)

To enhance the vibrancy of the City's central core business district; and

(f)

To offer a viable redevelopment option to ensure the City's continued sustainability.

(Ord. No. 15-79, § 1, 12-12-2015)

Consistent with the intent, this district shall only be established in locations specifically identified in the current approved Master Plan for the City of Bay Village and the 2004 Retail Improvement Strategy as development, redevelopment or infill sites for townhouse, condominium or multiple family residential. Properties located along arterial or collector streets adjacent to retail and service uses may also lend themselves to the uses permitted in this district.

(Ord. No. 15-79, § 1, 12-12-2015)

(a)

Principal uses. The principal uses in this district shall be limited to townhouses, as defined in Section 1121.47A and two-family dwellings, as defined in Section 1121.48.

(b)

Accessory uses. Accessory buildings, structures and uses including, but not limited to, the following are permitted on any lot in the Attached Residential District:

(1)

Recreation facilities, such as swimming pools (See Section 1349.01), clubhouses, sauna baths and tennis courts, for the exclusive use of residents and their guests.

(2)

Landscape features including gardens, fountains, sidewalks, lawns, patios, decorative walls and fences.

(3)

Detached garages.

(Ord. No. 15-79, § 1, 12-12-2015)

The requirements of this section shall be the minimum standards for development within the District. If any requirement of this section conflicts with other provisions of the City of Bay Village Zoning Code, the provisions of this section shall apply.

(a)

Spatial requirements. The following requirements, specified in Table 1158-4, shall apply to any development within the District:

¹ There is no required minimum area for a townhouse development; provided, the gross density shall not exceed the equivalent of ten units per gross acre. A minimum lot size of 5,500 square feet per dwelling unit shall be required for two-family dwellings.

² If at least 50 percent of the lots on the same side of the street and within the same block as the subject property contain a principal building, the minimum front yard setback, measured from the front lot line, shall be the average of the setbacks established by those principal buildings within 200 feet on either side of the subject property (not including corner lots where the front setback is on the intersecting street).

³ Front and rear yard setback requirements shall be met for each two-family or townhouse unit.

(b)

Architectural features. A projection is that part or feature of a building which extends outside of the enclosing walls and makes the enclosed space more usable. It is intended that certain features may project into required yards, but shall be regulated as provided in Table 1158-4a so they will not substantially interfere with the reception of sun, light and air on adjacent lots or impede emergency access.

Footnotes:

¹ Any covered or roofed porch, deck, patio, stoop or similar structure shall be considered part of the principal building and shall comply with the required setbacks for the principal building.

(c)

Open space. For townhouse developments, those areas of the site not covered by buildings, structures or pavement shall remain as open space. At a minimum, at least 40 percent of the total project site for townhouses shall be retained as open space, in accordance with the following:

(1)

Open space shall meet the following standards:

a.

Provide spaces for the common use of all residents of the townhouse development or sufficient yards adjacent to each unit for the use of the residents of those units;

b.

Common open space areas shall be centrally located or distributed throughout the development to provide convenient access in close proximity to all residents;

c.

Preserve significant natural features on the site, including mature trees;

d.

The Planning Commission may reduce the open space requirement, based on a finding that one or more of the following conditions exists:

1.

The subject site abuts or is directly across the street from a public park or similar dedicated public open space area;

2.

The site is adjacent to a dedicated non-motorized trail or pathway that provides access for pedestrians and cyclists to City parks in relative proximity to the subject site; or

3.

The proposed development will provide one or more natural preserves and/or common activity areas for its residents that are of significant size and configuration to fulfill the spirit and intent of the open space requirement.

(d)

Common areas.

(1)

For all areas proposed for common ownership in any residential development within the District, rights of development other than for the use specified in the approved final development plan shall be subject to approval of the Planning Commission. The use of common areas such as, but not limited to: open space, parking areas, private streets and alleys, recreational facilities, and common service facilities shall be restricted by appropriate legal documents, which provide for the management and maintenance of all common facilities. Legal instruments providing for dedications, covenants, home owners association and subdivision controls shall:

a.

Place title of common property in a form of common ownership by the owners and/or residents of the area, e.g., a duly constituted and legally responsible home owners association, cooperative or similar legal entity.

b.

Appropriately limit the use of common property.

c.

Assign responsibility for management and maintenance of common property. the City, at its discretion may require the applicant to obtain City services, for maintenance of commonly held properties where the public health, safety and/or welfare may require.

d.

Place responsibility for enforcement of covenants.

e.

Permit the subjection of each dwelling unit to assessment for its proportionate share of maintenance costs.

(2)

All common property shall be fully improved by the applicant prior to issuance of an occupancy permit, including all utilities, landscaping, lighting, walkways and streets through or abutting the property; provided, the chief building official may issue an occupancy permit prior to completion of landscaping if it is determined that weather conditions prevent timely completion of the landscaping and a financial guarantee is posted to assure that all improvements will be completed within 120 days of receiving the occupancy permit.

(3)

The use, condition and maintenance of all common properties shall comply with City ordinances and existing regulations in all respects.

(e)

Streets and access. All proposed streets and access within the District shall ensure efficient access and circulation of all vehicles and safe movement of non-motorized conveyances and pedestrians. The design and layout of streets and walkways within the development shall be established by the Planning Commission; provided, at a minimum, the following requirements shall be met:

(1)

Dedicated streets. Dedicated streets shall not extend more than 1,200 feet without intersecting another dedicated street.

(2)

Dedicated cul-de-sacs. Dedicated cul-de-sacs shall not exceed 600 feet in length nor provide direct or indirect access to more than 30 units.

(3)

Private streets. Private streets shall not exceed 600 feet in length without intersecting another private or dedicated street, nor provide direct or indirect access to more than 30 units.

(4)

Private cul-de-sacs. Non-dedicated cul-de-sacs and court arrangements shall not extend more than 300 feet from a dedicated right-of-way nor provide direct or indirect access to more than 15 units.

(5)

Alleys. Access to units, garages or parking areas may be from alleys; provided, the alley meets City design standards and connects on both ends to a public or private street.

(6)

Access to perimeter streets. Townhouse units may front upon any public street abutting the boundaries of the project site; provided, all vehicular access shall be via interior public or private streets and individual driveways shall not be permitted along the perimeter street.

(7)

Walkways. A walkway system shall be provided along perimeter streets abutting the District and on both sides of interior streets within any development. The walkways shall be ramped at all street intersections to provide handicapped accessibility and shall be separated from the adjacent dedicated or private street by a grass strip at least four feet wide.

(f)

Parking. Off-street parking shall be provided in accordance with the following requirements:

(1)

Two spaces shall be provided for each dwelling unit, plus an additional .25 spaces per townhouse unit for visitors;

(2)

At least one of the required parking spaces per unit shall be within a garage attached to the unit which it serves;

(3)

Parking spaces shall be a minimum dimension of 20 feet long by nine feet wide;

(4)

All parking spaces shall be hard-surfaced (asphalt or concrete) and striped; and

(5)

Parking areas and detached garages or carports shall not be permitted in any front or side yard and shall be set back at least ten feet from any adjoining side or rear lot line; provided, if a garage or carport faces and is accessed from an alley, the minimum building setback shall be 20 feet from the rear lot line.

(g)

Landscaping. For all residential development in the District, except a single building containing a two-family dwelling on one lot, a landscape plan, prepared by a landscape architect registered in the State of Ohio, shall be submitted for Planning Commission approval in accordance with the following minimum requirements:

(1)

Front yard landscaping shall contain at least one shade tree for each dwelling unit with a minimum caliper of two and one-half inches and one ornamental tree for each two units. Shrubbery and/or other low plant material at least 24 inches high at time of planting and approved by the Planning Commission shall be installed along the foundation of each unit.

(2)

A perimeter buffer meeting the following minimum requirements shall be installed along the side and rear property boundaries for townhouse developments abutting property zoned First Residence or Third Residence:

a.

Minimum width of ten feet;

b.

Equivalent of one tree per 50 feet or fraction of buffer zone length, at least one-third of all trees shall be evergreen trees. At the time of planting, deciduous trees shall be a minimum of two and one-half inch caliper and evergreens shall be at least six feet tall;

c.

Three-foot high continuous sight-obscuring screen composed of plant material, berms, walls, fences or any combination approved by the Planning Commission;

d.

If berms are used for any part of the buffer, they shall contain one shrub for every ten feet of berm length in addition to the requirements of subsection (2)b. All required plant material shall be placed on the top or side slope of the berm facing the exterior property line;

e.

If a wall or fence is used for any part of the buffer, a minimum of one shrub for every ten feet of wall or fence shall be placed along the exterior side in addition to the requirements of subsection (2)b. At least half of all shrubs shall be a minimum of 24 inches high at the time of planting;

f.

All areas within the buffer strip not containing trees, shrubs or planting beds shall be planted with grass and other living ground cover; and

g.

In order to promote better design and a more natural appearance, the required trees and other plant material need not be uniformly spaced. Clusters or groupings of plant material may be permitted; provided, the intent of the buffer strip to provide separation and screening from adjoining uses is achieved.

(3)

Landscaped islands shall be provided within parking areas to reduce the visual impact of parking upon the development. At a minimum, a landscaped island at least nine feet wide and 180 square feet in area shall separate each eight contiguous parking spaces. Each island shall contain trees and/or other living plant material to provide visual relief and physical separation of parking spaces.

(4)

Screening shall be provided around all outdoor trash dumpsters, as follows:

a.

Solid sight-obscuring fence or wall six feet high;

b.

Enclosed on all sides and not containing any openings other than a gate for access which shall be closed at all times when not in use;

c.

The fence or wall shall be constructed of masonry, treated wood or other material approved by the Planning Commission if determined to be attractive, durable, weather resistant, rust proof and easily maintained. Chain link and barbed wire fences are not permitted.

(h)

Building materials and design standards. Exterior design of all principal and accessory buildings shall complement the character of the adjacent neighborhood with respect to building materials, details, roof pitch, setbacks and scale. However, at a minimum, the following standards shall apply, unless a modification is permitted, as specified in Section 1158.05 H:

(1)

Exterior materials.

a.

Primary: At least 80 percent of the building exterior shall consist of:

i.

Brick and tile masonry (or synthetic equivalent);

ii.

Native stone (or synthetic equivalent);

iii.

Hardie-plank or equivalent; and/or

iv.

Wood siding.

b.

Accent: No more than 20 percent of any facade may consist of:

i.

Pre-cast masonry (for trim and cornice elements only);

ii.

Gypsum reinforced fiber concrete (GFRC—for trim elements only);

iii.

Metal (for beams, lintels, trim elements and ornamentation only); and/or

iv.

Split-faced block (for piers, foundation walls and chimneys only).

(2)

Building facades. Long, monotonous building planes shall be avoided. The front facade of each row of townhouse units within a single building shall be articulated using means such as, but not limited to: offsetting the front setback of individual units; using gables; recessing front entries; varying colors and materials on each unit; using a variety of window sizes and styles and/or incorporating columns, dormers, overhangs or other architectural elements. In addition, the following requirements shall be met:

a.

Transparency: Windows and doors shall comprise at least 25 percent of the front facade and the street side facade for units abutting a public street.

b.

Front entry: Each dwelling unit shall have a front door facing a street or public open space that is accessed from a stoop or porch.

i.

A stoop shall have a minimum depth of four feet and a minimum area of 24 square feet;

ii.

A front porch must be at least eight feet deep, with a width equal to at least 40 percent of the width of the dwelling unit;

c.

Roofs:

i.

Pitched roofs shall have at least a 4:12 but not more than a 12:12 pitch. Mechanical equipment located on the roof shall be on the back half of the building and screened on all sides so as not to be visible as observed from the sidewalk or pavement edge of the street.

ii.

Flat roofs shall be enclosed by a parapet which shall be high enough to conceal mechanical equipment as observed from the sidewalk or pavement edge of the street.

(Ord. No. 15-79, § 1, 12-12-2015)

(a)

Pre-application meeting. Prior to submitting an application for rezoning to or development plan approval, the applicant shall conduct a meeting with surrounding property owners for the purpose of explaining the proposed development and soliciting comments and suggestions relative to the proposal. It is suggested that such meeting be conducted as a work session to obtain feedback that can be incorporated into the design and layout of the proposed project prior to formally submitting an application.

(b)

Application. Applications for rezoning property to an District shall be submitted in compliance with Bay Village Charter 7.6.

(c)

Development plan. The development plan shall contain, at a minimum, the information specified in Section 1129.01.

(d)

Planning commission review. The complete application and all required documents shall be forwarded to the Planning Commission for review and approval under Chapter 1129. The applicant shall attend the review meeting and present the proposed project to the Commission.

(e)

City council action. Upon receiving the Planning Commission recommendation regarding the rezoning, the City Council shall vote to approve or disapprove the change in zoning, District; provided, any approval by Council shall be subject to Section 7.6 of the City Charter.

(f)

Review standards. The development plan shall be approved upon a finding that the plan meets the following standards:

(1)

The development plan complies with all requirements of this chapter, all applicable requirements of this ordinance and all other applicable laws and regulations.

(2)

The site is designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.

(3)

The site is designed in a way that minimizes impacts upon adjacent property and mitigates the potential negative effects of traffic, noise, and glare to the maximum extent reasonably possible.

(4)

The development plan shall be found to be consistent with the Intent and Applicability provisions of this chapter, as stated in Sections 1158.01 and 1158.02, respectively.

(5)

Unless a more specific design standard is required by the city through a different ordinance, all uses and structures subject to development plan review shall comply with the following:

a.

Traffic circulation. The number, location and size of access points, and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site, and circulation within the site. In reviewing traffic features, the number, spacing, and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties.

b.

Stormwater. Stormwater detention and drainage systems shall be designed so the removal of surface waters will not adversely affect neighboring properties or public stormwater drainage systems. Unless impractical, stormwater shall be removed from all roofs, canopies and paved areas by underground surface drainage system.

c.

Landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing unnecessary tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Landscaping, buffers and greenbelts, as required by this chapter, shall adequately screen proposed buildings from surrounding property.

d.

Lighting. Lighting shall be designed to minimize glare on adjacent properties and public streets. Where necessary, screening shall be provided to shield abutting residential properties from headlights and glare.

e.

Utility service. All utility service shall be underground, unless impractical.

f.

Exterior uses. Outdoor storage areas, parking areas, trash receptacles, heating and cooling units and similar accessory areas shall be located to have a minimum negative effect on adjacent properties, and shall be screened, if reasonably necessary, to ensure compatibility with surrounding properties.

g.

Emergency access. All buildings and structures shall be readily accessible to emergency vehicles.

h.

Water and sewer. Water and sewer installations shall comply with all city specifications and requirements.

(Ord. No. 15-79, § 1, 12-12-2015)

(a)

All rules and regulations contained in the Codified Ordinances of the City of Bay Village shall be applicable except those which are specifically excepted by C.O. 1158.01 through 1158.16.

(b)

Noncompliance with the provisions of this Chapter shall be subject to penalty as set forth in C.O. 1123.99.

(Ord. No. 15-79, § 1, 12-12-2015)

An Existing Residential Building District and its regulations are established in order to achieve, among others, the following purposes:

(a)

To provide for retention of an existing building in cases where it may be of historical importance or aesthetically valuable as approved by the Planning Commission and confirmed by duly adopted resolution of Council, especially when the building has been designated to the National Register of Historical Places by the National Park Service, U.S. Department of the Interior;

(b)

To enhance the City's cultural, social, economic and architectural history;

(c)

To safeguard the City's historic, aesthetic and cultural heritage; and

(d)

To promote the most desirable and beneficial use of the land based on the Master Plan.

(Ord. 80-59. Passed 7-21-80.)

In an Existing Residential Building District the following buildings, structures and uses are permitted:

(a)

Any building, structure or use permitted and as regulated in an Attached Residence District; and

(b)

The approved existing structure.

(Ord. 80-59. Passed 7-21-80.)

This chapter is considered to include all the provisions of Chapter 1158, Attached Residence District, with the following exceptions:

(a)

Density. The provisions of Section 1158.07(A) and (B) are modified to provide a minimum area for development of ten acres. The density of new construction shall not exceed six and one-half dwelling units per acre for the total developed area. The density of all dwelling units, including new construction and the renovation of existing buildings, shall not exceed nine dwelling units per acre for the total area.

(b)

Height. The provisions of Section 1158.07(C) are modified to provide that no attached residence dwelling unit shall exceed two and one-half stories nor 30 feet in height above the main entrance door grade. The above requirement shall not apply to an existing structure which is utilized in the development.

(c)

Attached residences per building. The provisions of Section 1158.07(D) are modified to provide that eight dwelling units or a lesser number may be attached one to another by common or adjoining walls and shall be regarded as constituting a single building, but not as a single dwelling unit. All measurements of residences so attached shall be made as a single building. No building shall exceed 240 feet in length, except that the provision with respect to length, and maximum dwelling units in a single building shall not apply to an existing structure which is utilized in the development.

(d)

Distances between buildings. The provisions of Section 1158.08(D) are modified to provide that the minimum distance between any two adjacent buildings shall be determined by the relationships between their respective main walls according to the requirements of Section 1158.08(D), except when existing structures are being utilized in the development, then the height of those structures shall be deemed to be 30 feet for the purpose of this section.

(e)

Private area. The provisions of Section 1158.08(F) are modified to provide that each attached residence shall have a private area of not less than 200 square feet at an entrance and differentiated as such by approved patios, screens, walls and plantings, but this requirement shall not apply to the existing structures which are being utilized as part of the development.

(f)

Street and access requirements. The provisions of Section 1158.10 are modified to provide in an Existing Residential Building District that:

(1)

Subsection (A) shall read: "All proposed streets, walkways, pedestrian and vehicular circulation routes including those for services, and access within an Existing Residential Building District shall be in accord with an approved overall plan conducive to the safe and efficient access and circulation of pedestrians, automobiles, and safety and service vehicles."

(2)

Subsections (C)(3), (4) and (5) shall not apply in an Existing Residential Building District and shall be replaced by the requirement that: "Each attached residence shall be served by individual driveways, connecting to private drives, which private drives shall connect onto a dedicated street at a location where the traffic can be effectively controlled."

(3)

Subsections (D) and (E) shall not apply in an Existing Residential Building District.

(g)

Open space requirements. The provisions of Section 1158.11(B) are modified to provide that no less than 40 percent of the total acreage shall be devoted to open space.

(h)

Parking. The provisions of Section 1158.09 are modified to eliminate subsection (A)(1), (2) and (3), all of subsection (B) and all of subsection (C) in an Existing Residential Building District. The eliminated provisions are replaced by:

(1)

Resident parking. At least one and one-half spaces per dwelling unit, one of which shall be enclosed in a garage having at least 280 square feet of usable floor space;

(2)

Guest parking. One space per dwelling unit. Guest parking for the attached residences only may be considered to be located on the individual driveways; and

(3)

In view of the desire to preserve natural open space within the development, off-street parking shall not exceed three spaces per dwelling unit.

(Ord. 80-59. Passed 7-21-80.)

Notwithstanding the minimum lot and dwelling area provisions of Chapters 1155 and 1157, any interested person or the Board of Zoning Appeals on its own motion, may designate any area in the City consisting of not less than ten acres as a Local Residence District, and shall file with the Board of Zoning Appeals a plat of such proposed district together with a written statement of the proposed area requirements and limitations for lots and for dwelling to be constructed in such district.

(Ord. 54-42. Passed 4-29-54. Art. VII, Sec. 6)

Upon the filing of such plat and proposed area requirements and limitations, the Board of Zoning Appeals shall set such matter for public hearing after 30 days' public notice thereof and shall, not later than 15 days prior to such hearing, notify by mail the owners of record of all lots within or immediately adjacent and contiguous to such proposed Local Residence District of the date, time and place of such hearing, the area proposed for such district, the area requirements and limitations proposed for such district and the names of the persons proposing the same. Such notice by mail shall be addressed to the last known address of each of said owners.

(Ord. 54-42. Passed 4-29-54. Art. VII, §6)

Following such public hearing required by C.O. 1159.02, the Board of Zoning Appeals may approve, reject, amend, alter, add to or delete any or all of such proposed area restrictions or limitations and may approve increase or decrease the area of such proposed Local Residence District, provided, however that the area of such district shall not be so increased until notice has been given to the owners of record of all lots within or immediately adjacent and contiguous to such proposed additional area and hearing had as required in C.O. 1159.02. Any final action of the Board of Zoning Appeals pursuant to this chapter shall be recorded in the minutes of such Board and a copy of such recording promptly filed with the Clerk of Council who shall report the same at the next regular meeting of the Council.

(Ord. 54-42. Passed 4-29-54, Art. VII, §6)

Upon approval by the Council by ordinance adopted after public hearing thereon after 30 days' public notice thereof, such approved Local Residence District area and such approved area requirements and limitations therefor shall become effective and valid and shall thereupon be deemed to amend the area requirements and limitations of this Zoning Code for such district area.

(Ord. 54-42. Passed 4-29-54. Art. VII, §6)

Automobile Parking Districts and their regulations are established in order to promote the general convenience, welfare and prosperity of the community.

More specific purposes are:

(1)

To provide a transitional use, or "buffer" area (generally between Business and Residential Districts) wherein open land developments (such as parking areas and driveways) would be more appropriate than building developments; and

(2)

To provide areas for expansion of off street parking where presently needed, and to control the location of accessways to such parking areas; and

(3)

To protect adjacent residential neighborhoods from traffic congestion by setting limits, based on need, for future expansion of such parking facilities, and by establishing protective features along lines so defined; and

(4)

To promote the most desirable use of land in accordance with a well considered plan, and to stabilize and enhance property values.

(Ord. 58-38. Passed 4-21-58.)

In an Automobile Parking District, buildings and land shall be used, and buildings shall hereafter be erected, altered, moved or maintained only in accord with the following regulations.

(Ord. 58-38. Passed 4-21-58)

Parking areas and accessways for passenger automobiles, providing such areas:

(a)

Are accessory and adjacent to Administrative Office and Apartment House uses, Retail Business uses and Commercial Business uses;

(b)

Are free of charge; and

(c)

Are not used for selling, dead storage, repairing or servicing of any kind.

(Ord. 58-38. Passed 4-21-58; Ord. 61-196. Passed 11-20-61.)

(1)

Residential buildings in said district shall conform to all area, yard and height regulations established for the respective Residential Districts elsewhere in this Zoning Code.

(2)

Parking areas shall conform to all regulations and ordinances of the City (pertaining to accessways, surface improvements, yards, protective features, signs and lighting) and specifically the provisions of this Zoning Code.

(Ord. 58-38. Passed 4-21-58.)

The purpose of this chapter is to establish regulations controlling the use of fences, hedges and walls whereby the lot owner in a Residence District may have the privilege of privacy and landscape design within his own lot with due consideration to the environment of his neighbor, the appearance of the community and the safety of the public and the individual.

(Ord. 04-65. Passed 5-17-04.)

This chapter shall apply to all Residence Districts. The fence regulations herein shall not apply to any permanent fence structure four feet or less in height erected prior to the effective date of this ordinance.

(Ord. 04-65. Passed 5-17-04.)

(a)

As used in this chapter, fence means any permanent enclosing structure including walls, privacy screens, sight barriers, or dog runs. Retaining walls are specifically excluded from this definition.

(b)

As used in Section 1163.05(g), Lakefront Yard, fence means any enclosing structure, permanent or planted, including walls, windbreaks, privacy screens, sight barriers, dog runs, hedges, shrubs or vines planted so as to constitute a fence. Retaining walls are specifically excluded from this definition.

(c)

Height. As used in this Chapter 1163, height means the vertical distance measured from the existing grade at the base of the fence, at any point along the fence, to the highest most point of the fence and/or fence posts.

(d)

Living fence. As used in this Chapter 1163, living fence means a live hedge, bush, shrub, plant, ornamental tree and/or grasses which by their nature grow to heights exceeding three feet and are planted, arranged or have grown to such an extent that they create a line of sight barrier to motorists using driveways, as determined by the Building Director.

(Ord. 04-65. Passed 5-17-04.)

Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned and maintained, in whole or in part, strictly in accordance with the provisions of this chapter and permit obtained from the Building Commissioner. Fee for such permit shall be as established in Chapter 1305.

(Ord. 04-65. Passed 5-17-04.)

(a)

General. Fences shall be designed to be aesthetically attractive and shall present a finished side to the adjoining property, which side shall not be adorned with signs, graphics or paintings of any kind. Fences shall be maintained in good repair and appearance.

(b)

Placement. Fences shall be confined to the area within the lot line of the fence owner's property. Fences may be constructed anywhere within the limits of any required yard provided, however, the fence meets the regulations for that yard and the regulations that apply to any yard. In the event of property line dispute, it will be the responsibility of the party installing the fence to provide a survey at their cost.

(c)

Any yard.

(1)

The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this chapter.

(2)

Any enclosing structure intended to serve exclusively as a dog run shall conform to the setback requirements for an accessory use or structure in Residence Districts.

(3)

A chain link fence or other substantially open fence not used as a sight barrier, privacy screen, windbreak or dog run, shall not exceed four feet, four inches in height. The fence posts shall not exceed four feet, six inches in height.

(4)

Any fence within ten feet in any direction from a point where any driveway, either on the fence owner's lot or the adjoining lot, intersects with the public sidewalk shall have a minimum of 75 percent open area.

(5)

At least one unlocked gate or fence opening of a minimum of three feet in width shall be provided in each yard to permit emergency entrance from the street.

(6)

No electrified or barbed wire fence shall be erected or installed in any location.

(7)

Any living fence within ten feet in any direction from a point where any driveway, either on the fence owner's lot or the adjoining lot, intersects with the public sidewalk shall not exceed three feet in height.

(d)

Front yard. Fences within the front yard shall not exceed three feet, four inches in height. The fence posts shall not exceed three feet, six inches in height. Fences shall be setback at least one foot from public sidewalk.

(e)

Rear yard. Fences within the rear yard shall not exceed four feet, four inches in height. The fence posts shall not exceed four feet, six inches in height. (Ord. 04-65. Passed 5-17-04.)

(f)

Side yards. Fences within side yards shall not exceed four feet, four inches in height with fence posts maximum four feet, six inches in height. Fence shall be setback at least one foot from public sidewalk. (Ord. 04-140. Passed 11-15-04.)

(g)

Lakefront yard. Fences on a lakefront lot that are within the rear yard or the side yard which is adjacent to Lake Erie, lakefront yard, shall not exceed four feet, four inches in height confined to a distance not greater than 20 feet toward the lake from the main building. Only protective barriers which are not to exceed four feet, four inches in height with a minimum of 75 percent open area are permitted elsewhere within the lakefront yard. Fence posts shall not exceed four feet, six inches in height.

(h)

Privacy screen.

(1)

A privacy screen may be constructed only behind the established building setback line or building line whichever is greater so that the length of the screen shall not exceed ten percent of the perimeter of the total lot.

(2)

The privacy screen shall not exceed six feet, four inches in height. The posts shall not exceed six feet, six inches in height.

(3)

The privacy screen shall not exceed 32 feet in any direction.

(4)

No privacy screen between four feet, four inches and six feet, four inches in height with fence posts maximum four feet, six inches and six feet, six inches in height respectively shall be installed closer than ten feet from the adjacent neighbors' houses except when specifically consented to in writing by the neighbor, a copy of which shall be filed with the Department of Building Engineering and Inspection.

(i)

Adjacent to nonresidential uses. Fences on residential properties adjacent to nonresidential uses may be six feet, four inches in height along property lines which abut such nonresidential use; however, such fence shall be no closer than 20 feet from the front property line. The fence posts shall not exceed six feet, six inches in height. (Ord. 04-65. Passed 5-17-04.)

(j)

Temporary wildlife fences. Temporary fences to prevent the entry of animals into vegetable gardens are permitted when installed and maintained in compliance with the following requirements:

(1)

Temporary fences may only be constructed using vinyl/plastic mesh open style netting material being either black or green in color. The material used shall be designed, manufactured and advertised for the prevention of animal entry. Fence post material shall be steel and either black or green in color and must be designed, manufactured and advertised for this type of fence.

(2)

Temporary fences may be installed in the rear yard only and must be at least three feet from property lines.

(3)

Temporary fences shall not exceed eight feet four inches in height and fence posts shall not exceed eight feet six inches in height.

(4)

Temporary fences may be installed on or after April 1 and shall be removed no later than November 15 of each year.

(Ord. 10-70. Passed 6-21-10.)

Whoever refuses, neglects or fails to comply with the provisions of this Code shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25.00 nor more than $1,000.00 for a first offense and for a second or subsequent offense shall be guilty of a misdemeanor of the first degree. Each day such violation occurs or continues shall constitute a separate offense.

(Ord. 10-70. Passed 6-21-10.)

The purpose of this chapter is to promote the health, safety and general welfare of the residents of the City through the aesthetic planting and constructing of visual screen landscape buffers to reduce noise and light glare and remove, lessen or absorb the shock of incompatible uses of real properties between one use or zoning district and another.

(Ord. 04-97. Passed 7-19-04.)

This chapter shall apply to all main and accessory uses in the First and Third Residential Districts, except one, two, and three-family dwellings, and all other zoning districts abutting residential districts. This chapter applies to new construction, exterior alterations or modifications and/or additions to existing structures, including vehicular parking lots.

(Ord. 04-97. Passed 7-19-04.)

(a)

Buffer area means the area providing separation by live plantings, earthen mounds, decorative masonry walls, or fences and extending the entire length of the adjoining residential property as required by the Planning Commission.

(b)

Screen means live plants or nonliving durable material such as but not limited to decorative masonry walls, fences, earthen mounds and berms.

(c)

Opacity means the state of being impervious to rays of light measured by observation on any two square yard area lying between two feet and eight feet from the existing grade.

(d)

Shrub means a self-supporting, low, woody, brushy, perennial plant with several permanent trunks, deciduous and/or evergreen species, normally branched near its base and less than 15 feet in height.

(e)

Tree means a self-supporting, woody perennial plant with one main trunk or stem, deciduous and/or evergreen, which develops many branches and normally grows to a height over 15 feet.

(f)

Vine means a perennial plant with a long, thin stem that grows along the ground or climbs a wall or other supporting structure by means of tendrils.

(Ord. 04-97. Passed 7-19-04.)

(a)

Buffer areas shall be designated, altered and maintained, in whole or in part, strictly in accordance with the provisions of this chapter and approvals from the Planning Commission.

(b)

All buffering requirements imposed and required under the provisions of this chapter shall be installed and/or constructed before a Certificate of Occupancy is issued. No new or existing building structure and/or vehicular parking lot shall be built or expanded, altered or modified until the plans are submitted to and approved by the Planning Commission. The Planning Commission may revise a previously established buffer area for existing uses that propose an expansion, alteration or modification that they determine adversely affects adjoining residential properties.

(Ord. 04-97. Passed 7-19-04.)

(a)

General. All new and/or existing uses as described in Section 1165.02 shall provide buffer areas adjacent to residential properties and residential zoned properties.

(b)

Property lines. Buffer areas shall be adjacent to all property lines which adjoin residential properties and residential zoned properties. This applies to side and rear lot lines.

(c)

Width. Buffer areas shall be a minimum of 25 feet wide unless additional width is required by the Planning Commission. This area shall have no other use except as a buffer area.

(d)

Composition.

(1)

Buffering materials and methods may consist of a combination of earthen mounds, decorative masonry walls, fence, hedge, bushes, trees, existing plantings and trees or similar items approved by the Planning Commission. At least 50 percent of buffer shall consist of live plantings. Plantings shall be incorporated into plans with decorative walls and/or fences so that the length of any one section of decorative wall and/or fence does not exceed 16 feet. Living ground cover, including grass, shall be provided throughout the buffer area.

(2)

Fences, decorative masonry walls, and earthen mounds shall not exceed six feet in height measured above existing grade. Combinations of non-living buffering shall not exceed eight feet in height above existing grade. Combinations of earthen mounds and live plantings shall have a maximum height as approved by the Planning Commission. Type and species of plantings must be considered when establishing maximum heights. Buffering shall not be any closer than 20 feet to the city right-of-way unless required by the Planning Commission.

(3)

Buffering shall provide a year round effective buffer and live plantings shall achieve such within 18 months after initial planting. Minimum caliper of trees used in buffer areas shall be not less than two and a half inches measured at 12 inches above the root ball. Minimum height of trees at initial planting shall be not less than six feet.

(4)

Buffering shall effectively separate, by sight, the uses listed in 1165.02 from the adjacent residential properties by creating an 80 percent opacity visual barrier year round.

(5)

Buffer areas shall include the provision of a storm water drainage system designed and constructed by the owner and/or developer to accept and prevent storm water runoff onto adjacent property.

(6)

The Planning Commission has the power and authority to amend, revise and expand any or all of the requirements in this Chapter 1165, in order to fulfill the purpose of this chapter. (Ord. 04-97. Passed 7-19-04.)