Bedford Heights City Zoning Code
TITLE THIRTEEN
Zoning Code; Exceptions and Modifications
1191.01 DWELLING ON ANY LOT OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this Zoning Code (Ordinance 72-13, passed July 11, 1972), irrespective of its area or width, provided the applicable yard and other open space requirements are complied with as nearly as possible, and provided, further, that Section 1191.02 is complied with.
(Ord. 72-13. Passed 7-11-72.)
1191.02 MINIMUM YARDS.
(a) In no case shall the width of any side yard be less than ten percent (10%) of the width of the lot, provided that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight (8) feet or twenty percent (20%) of the frontage, whichever is greater.
(b) In no case shall the depth of the rear yard be less than twenty-five (25) feet nor less than the height of the main building, whichever is greater. Front, side or rear yard encroachments, as specified in Chapter 1197, shall be prohibited in the case of sub-standard lots of record.
(Ord. 98-185. Passed 1-5-99.)
1193.01 NONAPPLICATION OF LIMITATIONS.
Height limitations stipulated elsewhere in this Zoning Code shall not apply to the following:
(a) Farm Buildings, Architectural Features, Etc. Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas, domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio and television towers, masts and aerials; parapet walls extending not more than four (4) feet above the limiting height of the building.
(b) Places of Public Assembly. Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three (3) feet by which the height of such buildings exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(c) Water Tanks, Elevator Penthouses, Etc. Water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds fifty percent (50%) of the corresponding street lot line frontage; towers, monuments, fire towers, hose towers, cooling towers or other structures, where a greater height is required; provided that an additional ten (10) feet shall be allowed for a penthouse if the penthouse is used only for housing machinery used in the operation of the building and does not occupy more than twenty-five percent (25%) of the roof area.
All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than fifty (50) feet in all parts from every lot line not a street lot line. (Ord. 72 -13. Passed 7-11-72.)
1195.01 BUILDINGS ON THROUGH LOTS.
Buildings on through lots shall conform to the front yard requirements for each street. In case of reversed frontage, an accessory building shall not extend beyond the setback line of the rear street.
(Ord. 72-13. Passed 7-11-72.)
1195.02 FRONTAGE MODIFICATION.
In the case of curvilinear streets and cul-de-sacs, the Board of Zoning Appeals may authorize a reduction of the otherwise specified frontage or lot width in Residence Districts along the front property line, provided that the lot width at the building line equals the frontage or lot width required in the district where located; the front lot line is not less than thirty (30) feet in any event; and such reduction of frontage does not result in a reduction of the required lot area.
(Ord. 72-13. Passed 7-11-72.)
1195.03 AVERAGE DEPTH OF FRONT YARDS.
In any Residence District, dwellings may project in front of the required setback building line if twenty-five percent (25%) of the lots within the same block have dwellings thereon having a lesser setback line, in which case the required setback line shall be the average of the setback lines of the dwellings already erected.
(Ord. 72-13. Passed 7-11-72.)
1195.04 SIDE YARD MODIFICATIONS.
Side yard width may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case, the average width of the side yard shall not be less than the otherwise required least width, provided, however, that such side yard shall not be narrower at any point than one-half the otherwise required least width, nor narrower than three (3) feet in any case.
(Ord. 72-13. Passed 7-11-72.)
1195.05 DEPTH OF LOT AND REAR YARD IN UNUSUALLY SHAPED LOTS.
In the case of triangular lots or lots of such irregular shape that the method of measurement of lot or depth of rear yard as specified in this Zoning Code cannot be used, the Building Director shall determine the location of buildings so as to provide yard spaces equivalent to those required in this Zoning Code. Where such determination does not result in an appropriate development upon the lot, the Board of Zoning Appeals may approve the location of buildings.
(Ord. 72-13. Passed 7-11-72.)
1197.01 PROJECTION OF ARCHITECTURAL FEATURES.
(a) Front Yards. The following items may project in front of the building setback line:
(1) Unenclosed and uncovered porches, terraces, patio steps or landings below the level of the first floor and in no event higher than two (2) feet above the finished grade;
(2) Cornices, belt courses, bay windows, entrance canopies, roof overhangs and chimneys not to exceed three (3) feet;
(3) Retaining walls, if necessary to protect property and if the height and location are approved by the Building Director;
(4) Fire escapes may project a distance not exceeding four (4) feet, six (6) inches;
(b) Side Yards and Rear Yards. The following items may project into side yards and rear yards:
(1) The permitted projections into side yards and rear yards are the same as those permitted in front yards and to the extent permitted in front yards, but in no event closer to any side or rear lot line than three (3) feet;
(Ord. 2005-140. Passed 10-18-05.)
1197.02 DEFINITIONS.
As used in this chapter, the following words and terms shall have the following meanings:
(a) "Backyard enclosure fence" means a fence that encloses part of or the entire rear yard of the subject property.
(b) "Barbed wire fence" means a fence, or portion of a fence, made with two or more wires twisted together with sharp hooks or points (or a single wire furnished with barbs).
(c) "Boundary line fence" means a fence erected along the boundary line of any lot, which encloses or partially encloses a parcel of property.
(d) “Chain link fence” means a fence, usually made of heavy steel wire fabric (usually coated with zinc, or the like) which is interwoven in such a way as to provide a continuous mesh without ties or knots, except at the salvage; the wire fabric is held in place by metal posts.
(e) “Chicken wire fence” means a fence constructed of light-weight, galvanized wire netting having a hexagonal mesh.
(f) “Deer fence" means a temporary or permanent-type, electric or non-electric, fence to modify deer behavior in cultivated garden areas or orchards of rear yards. A deer fence shall be constructed in accordance with the types and designs as recommended by the Ohio Division of Wildlife for such purpose.
(g) “Dumpster enclosure fence" means a privacy fence consisting of materials constructed to inhibit light, ventilation and sight through said fence. Such enclosure shall include a double gate for purposes of vehicle access in addition to a separate employee access area. Such design shall be approved by the Building Commissioner and subject to requirements in Section 1197.07 of this Chapter.
(h) “Fence” means any artificially constructed barrier of any material or combination of materials, living or otherwise, erected to enclose, screen or divide areas of land, yards or gardens.
(i) “Latticework fence” means a fence constructed of reticulated or net-like work formed by the crossing of laths or narrow, thin strips of wood or iron, in a diagonal pattern.
(j) “Living fence” means a natural plant species which has been planted to form a continuous barrier to prevent passage or for protection
(k) "Open ornamental fence" means a fence, with a maximum height of thirty-six (36) inches (such as a rail, split rail or white picket fence), that is constructed for its beauty or decorative effect and, when viewed at right angles, has not less than fifty percent (50%) of the surface area of its vertical plane (the area within a rectangular outline enclosing all parts of the fence in its vertical plane) open to light and air. However, an ornamental fence shall not surround a front yard, either partially or in its entirety.
(l) “Patio privacy fence” means a fence that is used to enclose a patio.
(m) “Privacy fence” means a fence structure, or any part thereof, consisting of materials constructed to inhibit light, ventilation and sight through said fence. This definition shall not include a “living fence.”
(n) “Private nuisance” means that which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof and producing such material annoyance, inconvenience and discomfort that law will presume resulting damage and/or that which annoys and disturbs one in possession of his or her property, rendering its ordinary use or occupation physically uncomfortable to the person.
(o) “Rail fence” means a fence in which the rails are set into the posts and adjoining rails either butt against each other or overlap. Maximum rail height shall be thirty-six (36) inches.
(p) “Shadowbox/Board on Board fence” means a fence constructed of vertical boards three-quarter (3/4) inch thick by a maximum five and one-half (5½) inches wide by a maximum of six (6) feet high (from finished grade) that are attached to both sides by horizontal rails. Minimum board spacing shall be equal to the board width on both sides of the horizontal rails. The rails shall be a maximum one and one-half (1½) inches thick by three and one-half (3½) inches wide. Posts shall be a maximum of four (4) inches thick by four (4) inches wide by thirty-four (34) inches high.
(q) "Similar fences" means other fences which are similar in character and design to one or more of the fences permitted by this chapter which the Building Commissioner or the Architectural Review Board may permit.
(r) “Snow fence” means a temporary fence which has slates less than four (4) inches in width, wired together and set perpendicular to the direction of the prevailing winds to catch drifting snow.
(s) “Split rail fence” means a fence with a maximum of two (2) horizontal rails, with a maximum size of three (3) inches by three (3) inches, that are set into posts that are a maximum of five (5) inches by five (5) inches. Maximum rail height shall be thirty-six (36) inches.
(t) "Stockade fence" means a solid fence of half-rounded boards pointed at the top.
(u) “White picket fence” means a fence, painted white, with pickets that have no points at the center of the top of the picket. The maximum size of each picket shall be seven-eighths (7/8) inches thick by three and one-half (3½) inches wide by thirty-six (36) inches high. Minimum picket spacing shall be equal to the picket width. The rails shall be a maximum of one and one-half (1½) inches thick by three and one-half (3½) inches wide. Posts shall be a maximum of four (4) inches thick by four (4) inches wide by thirty-four (34) inches high.
(Ord. 2005-140. Passed 10-18-05.)
1197.03 GENERAL REQUIREMENTS.
(a) Scope. This section shall include general fence requirements for all districts.
(b) Access Corridor. No fence shall be erected or allowed to grow in a natural state so as to create an inaccessible and/or unmaintainable area or corridor with any other principal, accessory or fence structure. Such area or corridor shall be a minimum distance of thirty (30) inches. This shall not prohibit a fence from being adjacent to or attached to another principal, accessory or fence structure.
(c) Attachment to Neighboring Structure. A fence may be erected across the property line to be adjacent to or attached to a neighbor's principal, accessory or fence structure if notarized authorization from said property owner to do so is submitted with the required application for a fence permit.
(d) Appearance. All visible supports must face the property that is making the installation. Pointed or peaked-topped fences are prohibited.
(e) Swimming Pool Fence. Swimming pool fences shall comply with the regulations as set forth in Chapter 1331 of the Building Code.
(f) Maintenance.
(1) Living fences shall be trimmed and maintained at all times so as not to create a private nuisance, as determined by the Building Commissioner, or interfere with pedestrian and vehicular traffic on both public and private property.
(2) All other fences shall be maintained:
A. So as not to interfere with pedestrian and vehicular traffic on both public and private property.
(Ord. 2005-140. Passed 10-18-05.)
1197.04 FENCES IN RESIDENTIAL DISTRICTS.
(a) Scope. This section shall include fence requirements for all R-S, R-1, R-2, R-3, and R-4 residential zoning districts.
(b) Permitted Fences. The following fences shall be permitted in residential zoning districts:
(1) Living fence.
(2) Boundary line fence.
(3) Shadowbox/Board on Board fence.
(4) Open ornamental fence.
(5) Chain link fence.
(6) Deer fence.
(7) Rail or split rail fence.
(8) White picket fence.
(9) Backyard enclosure fence.
(10) Patio privacy fence.
(11) Latticework fence.
(c) Restricted Fences. The following fences shall be restricted in residential zoning districts:
(1) Patio privacy fences (as defined herein).
(2) Backyard enclosure fences (as defined herein).
(4) Barbed wire fences, as follows:
A. Prohibitions as to barbed wire fences are contained in Section 521.07 of the General Offenses Code.
(5) Snow fences may be erected and used only in the months of customary snowfall, after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or driving snow to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence.
(6) Chicken wire fences shall be prohibited.
(7) Electrified fences shall be prohibited, except for underground low voltage pet fences.
(8) Stockade fences shall be prohibited.
(9) Privacy fences (as defined herein).
(10) Dumpster enclosure fences shall be prohibited.
(d) Maximum Fence Height and Location of Fence Types.
(1) Rear yard.
A. Living fences shall not exceed two and one half (2½) feet in height for fifteen (15) feet from any public sidewalk or hang lower than six (6) feet above the curb level. Otherwise, such fences may grow to their natural height.
B. Privacy and boundary line fences shall not exceed two and one half (2½) feet in height for fifteen (15) feet from any public sidewalk. Otherwise, such fences shall not exceed six (6) feet from finished grade to the top of any portion of the fence.
C. Backyard enclosure fences shall meet all of the following specifications:
1. The fence shall not exceed six (6) feet in height from finished grade.
2. The fence shall enclose part of or the entire rear yard of the subject property.
3. The fence may follow property boundaries (i.e. lot lines) of the rear yard.
4. The entire fence is to be erected to the rear of the wall line of the residence. If the subject property is a corner lot, then, in addition to the fence being erected to the rear of the rear wall line of the primary setback, the fence shall also be erected entirely behind the line established for the secondary setback.
5. The fence shall contain a gate that is at least three (3) feet wide and is located so as to provide reasonable and easy access to safety forces.
D. Chain link fences shall not exceed six (6) feet from finished grade to the top of any portion of the fence.
E. Patio privacy fences used to enclose a patio shall meet all of the following specifications:
1. The fence shall have maximum height of six (6) feet.
2. No part of the fence shall be more than three (3) feet from any boundary line of the patio.
3 The fence shall be erected entirely behind the rear wall line of the residence.
4. No part of the fences shall be within ten (10) feet of any side yard line of the residence.
(2) Side yard. Location and height shall be as follows:
A. Except for living and/or ornamental fences, all other fences are prohibited in side yards. Any living side yard fence shall not exceed two and one half (2½) feet in height for fifteen (15) feet from any public sidewalk or front property line.
(3) Front Yard.
A. Living fences shall not exceed two and one half (2½) feet in height for fifteen (15) feet from the front property line and/or any public sidewall Beyond fifteen (15) feet, they may grow to their natural height.
B. Open ornamental fences shall not exceed thirty-six (36) inches in height.
C. All other fences are prohibited in the front yard unless approval is granted by the Architectural Review Board.
(4) Height exception. A privacy fence may be erected in the rear yard, and shall not exceed eight (8) feet in height, including posts, when such rear or side yard property line abuts a property zoned or used for nonresidential purposes. Such fence shall not exceed two and one half (2½) feet in height for fifteen (15) feet from any public sidewalk.
(Ord. 2005-140. Passed 10-18-05.)
1197.05 FENCES IN NONRESIDENTIAL DISTRICTS.
(a) Scope. This section shall include fence requirements for all O, Office; B-l, B-2, and B-3, Business; I and L-I, Industrial; and SC-1, Shopping Center zoning districts.
(b) Permitted Fences. The following fences shall be permitted in nonresidential Zoning districts:
(1) Living fence.
(2) Boundary line fence.
(3) Privacy fence.
(4) Open ornamental fence.
(5) Chain link fence.
(6) Deer fence.
(7) Dumpster enclosure fence.
(8) Rail or split rail fence.
(9) Picket fence.
(10) Latticework fence.
(11) Shadowbox/Board on Board fence.
(c) Restricted Fences. The following fences shall be restricted in nonresidential zoning districts:
(1) Barbed wire fences shall be prohibited as contained in Section 521.07 of the General Offenses Code.
(2) Snow fences may be erected and used only in the months of customary snowfall, after which they shall be removed. No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or to allow drifting snow to accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such a fence.
(3) Chicken wire fences shall be prohibited.
(4) Electrified fences shall be prohibited.
A. After careful consideration of the recommendation of the Planning Commission, Council determines to amend the current codified ordinance Section 1197.05(c)(4) to allow installation and operation of an electrified fence at the Property located at 22151 Aurora Road, Bedford Heights, Ohio 44146, in uniformity with Ohio Revised Code Section 3781.1011, as is required by necessity, convenience and good practice.
(5) Stockade fences shall be prohibited.
(d) Maximum Fence Height and Location.
(1) Rear and side yards.
A. Living fences shall not exceed two and one half (2½) feet in height for fifteen (15) feet from any public sidewalk or hang lower than six (6) feet above the curb level. Otherwise they may grow to their natural height.
B. Privacy and boundary line fences shall not exceed two and one half (2½) feet in height for fifteen (15) feet from any public sidewalk.
C. Open chain link fences may be erected in the side and rear yards that abut a public sidewalk or street within the property lines with no setback requirement.
D. Any fence shall not exceed eight (8) feet from finished grade to the top of any portion of the fence and the entire fence may be erected to the rear of the wall line of the building.
However, no fence shall prohibit access to side or rear yards where required parking spaces, loading zones or fire zones exist for one or more occupants.
(2) Front yard.
A. Living fences shall not exceed three (3) feet in height for fifteen (15) feet from the front property line and/or any public sidewalk. Beyond fifteen (15) feet, they may grow to their natural height
B. Open ornamental fences shall not exceed three (3) feet in height.
C. All other fences are prohibited in the front yard unless approval is granted by the Architectural Review Board.
(e) Nonconforming Residential Uses Excepted. This section shall not apply to preexisting, nonconforming residential dwellings in these districts. Section 1197.04 (Fences in Residential Districts) shall apply and govern such fences.
(Ord. 2005-140. Passed 10-18-05; Ord. 2024-058. Passed 7-16-24.)
1197.06 BUFFER FENCES.
Buffer fences between districts shall be allowed or required as follows:
(a) Other than R-S. R-1 or R-2, One-Family Residential Zoning Districts. In R-3, Multifamily Residence; R-4 Townhouse Residence; O, Office; B-1, B-2 and B-3, Business; and I and L-I, Industrial Districts, screening shall be required on rear or side lines abutting any lot either presently in use as or zoned residential by a masonry wall or board-on-board fence six (6) feet in height and landscaped ground cover, provided that the first thirty (30)-foot section of such wall or fence, measured from the street right-of-way line, shall be stepped down to a height of two and one-half (2½) feet at such right-of-way line, following a pattern of appropriate design, subject to approval by the Architectural Board of Review.
(b) Gas Stations. Residential screening for gas stations along rear and/or side property abutting any lot zoned or presently in use as residential shall be provided with a masonry wall, not less than six (6) feet in height, provided that the first thirty (30)-foot section of such wall or fence, measured from the street right-of-way line, shall be stepped down to the height of two and one-half (2½) feet at such right-of-way line, following a pattern of appropriate design, subject to approval by the Architectural Board of Review as stated in Section 1171.03(d)(9) of the Planning and Zoning Code.
(Ord. 2005-140. Passed 10-18-05.)
1197.07 STORAGE; SCREENING.
(a) Residential Zoning Districts. Open storage in residential zoning districts shall be
(c) Nonresidential Garbage Container Storage. Nonresidential out-of-doors storage of containers for garbage and/or rubbish or other waste materials shall be in an enclosure constructed of masonry materials which match the principal building or wooden board on board as approved by the Building Commissioner as provided for in Section 1393.10(d) of the Business Maintenance Code. (Ord. 2005-140. Passed 10-18-05.)
1197.08 PLOT PLAN AND PERMIT REQUIRED.
Any fence other than a permitted living and snow fence shall, prior to its erection, require issuance of a permit by the Building Commissioner after an application for the same has been approved. Application shall be made on a City application form and shall be accompanied by a staked, property line survey by a surveyor registered with the State of Ohio made to scale showing the property line and the location of all existing driveways, sidewalks, fences and structures on the subject property, including distances from all fences and structures within five (5) feet of the property lines to the proposed fence. A permit fee shall be required in accordance with the fee schedule in Chapter 1329 of the Building Code.
(Ord. 2005-140. Passed 10-18-05.)
1197.09 INSPECTIONS.
It shall be the duty of each property owner erecting a fence to determine property lines, at the owner's expense, and to ascertain that the fence thus constructed does not deviate from the plans approved by the Building Commissioner and does not encroach upon another lot or parcel of land unless specifically authorized by that abutting property owner in a notarized writing. The person responsible for the erection of such fence shall contact the Building Department to have the fence inspected upon completion. The inspection will not be to determine whether the fence is encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him or her herein.
(Ord. 2005-140. Passed 10-18-05.)
1197.10 EXEMPTIONS.
(a) Legally pre-existing fences that had a valid permit shall be exempt from the provisions of this chapter. However, there shall be no exemption from the maintenance provisions of this chapter.
(b) Fences constructed or owned by the City of Bedford Heights are exempted from the provisions of this chapter.
(Ord. 2005-140. Passed 10-18-05.)
1197.11 PROHIBITION OF USE OR OPERATIONS CONDUCTED UNDER OR THROUGH THE MEDICAL MARIJUANA CONTROL ACT (OHIO R.C. SEC. 3796.01, ET SEQ.).
(a) In addition to any other uses prohibited by the Codified Ordinances of the City of Bedford Heights, Ohio, any uses or operations conducted under or through the Medical Marijuana Control Act, Ohio R.C. 3796.01, et seq., including use or operation as a:
(1) Cultivator, as defined by Ohio Administrative Code 3796:1:1-01(A)(9);
(2) Dispensary, as defined in Ohio Administrative Code 3796:1:1-01(A)(13);
(3) Processor, as defined in Ohio Administrative Code 3796:1-1-01(A)(39);
(4) Testing laboratory, as defined in Ohio Administrative Code 3796:1-1-01(A)(48);
(5) Retail and/or any other sale of any and all medical marijuana, recreational marijuana and/or derivate or distillate of same;
is strictly prohibited in the City of Bedford Heights, Ohio.
(b) Use of any land and/or building for any of the above purposes outlined in subsection (a) is strictly prohibited.
(Ord. 2018-068. Passed 7-17-18.)
1199.01 PUBLIC FACILITIES AVAILABLE.
Lot frontages, areas and dwelling requirements set forth in this Zoning Code shall be applicable only if the lot is served by a sanitary public water supply and if a public sanitary sewer connected to a sewage disposal plant is available and connected to the dwelling.
(Ord. 72-13. Passed 7-11-72.)
1199.02 PUBLIC FACILITIES NOT AVAILABLE.
(a) Any lot in any district which does not have a sanitary public water supply available and a public sanitary sewer connected to a sewage disposal plant available shall be required to have a lot area of at least 40,000 square feet, with a minimum lot frontage at the building line of 100 feet.
(b) Any lot in any district which does have a sanitary public water supply available but does not have a public sanitary sewer connected to a sewage disposal plant available, shall be required to have a lot area of at least 40,000 square feet, with a minimum lot frontage at the building line of 100 feet.
(Ord. 72-13. Passed 7-11-72.)
CODIFIED ORDINANCES OF BEDFORD HEIGHTS