Bellevue City Zoning Code

CHAPTER 1215

Supplemental Zoning Regulations

1215.01 FENCING, SCREENING, WALLS AND BARRIERS.

(a) No fence, screening, wall or barrier shall be constructed, altered or extended within the side, rear, or front yard setback, without first obtaining approval; either with an individual Zoning Permit, or as part of another application with which the fencing is only one portion of the project.

(b) In any district, but subject to Section 1215.09(f), fencing, screening, walls or barriers of a purely decorative nature are permitted in the front yard and parallel to the street, and perpendicular to the street along the side yard(s), as long as; they are not a safety hazard as deemed by the Zoning Official. In the case of corner lots, fencing, screening, walls or barriers of a purely decorative nature are permitted in both front yards parallel to the streets. Maximum height for decorative fencing is three feet (3'). A Zoning Permit is required

(c) The maximum height for side and rear yard fences shall be six feet (6'), except as otherwise provided in this section.

(d) Fences, screening, walls, or barriers up to eight feet (8') in height shall be permitted in the immediate area of a swimming pool or patio in the interior of a lot. A Zoning Permit is required.

(e) Fences, screening, walls, or barriers up to eight feet (8') in height shall be permitted in the side or rear yard in an industrial zoned district. Screening may be required where an industrial or commercial district is abutted by a residential district. A Zoning Permit is required.

(f) When any open off-street parking or loading area used for nonresidential purpose and containing more than two (2) spaces is not separated from a residential district by a dedicated street, an effective buffer or screen per Section 1221.04(d)(1).

(g) Fences, screening, walls, or barriers shall not be constructed of plywood, particle board, lattice, chicken wire, snow fence, corrugated metal, railroad ties, any unsecured, unsuitable, or nontraditional materials as deemed by the Zoning Official. In addition to the above, decorative fences in front yards shall also not be constructed of chain link or any other materials deemed unsuitable for decorative fences by the Zoning Official. Zoning permit required for newly constructed fence, screening, wall or barrier.

(h) No fence shall be used as a signboard and shall have no images or drawings painted or posted upon it.

(i) See Section 1215.04 "Private Residential Swimming Pools" for specific regulations on fencing and barriers around swimming pools.

(Ord. 1-15. Passed 2-23-15.)

1215.02 DWELLING CONVERSION.

The conversion of any building to a dwelling unit, or the conversion of any building to accommodate an increased number of dwelling units, or families, shall be permitted if a permit is obtained and if all the following conditions are met:

(a) Provided that it is within a district in which the new use is permitted according to this Zoning Ordinance;

(b) Provided that the yard dimensions still meet the yard dimensions required by this Zoning Ordinance for new structures in the district;

(d) Provided that the off-street parking requirements for new construction are met or exceeded.

(Ord. 1-15. Passed 2-23-15.)

1215.03 ACCESSORY BUILDINGS OR STRUCTURES.

(a) Accessory buildings in all districts shall obtain a Zoning Permit and comply with the following:

(1) No accessory building or structure, other than a fence, may be erected within any required setback.

(2) Accessory buildings or structures shall be included in the determination of the lot coverage and the floor area/lot area ratio as defined in Section 1213.02.

(b) Accessory buildings and structures in all residential districts shall comply with the following:

(1) No detached accessory building or structure other than a fence may be erected in any yard other than a rear yard.

(2) In residential districts, no detached accessory building shall exceed the height of the residence.

(3) In non-residential districts, no detached accessory building shall exceed the height of the principal structure on the lot.

(4) Any accessory building, if not located in the rear yard, shall be attached to the principal building and shall be so placed as to meet all yard requirements for a principal building within the district.

(5) Accessory buildings of less than 200 square feet may not be located closer than three feet (3') from the side and rear lot lines.

(6) Accessory buildings of 200 square feet or more may not be located closer than five feet (5') from the side and rear lot lines.

(7) Except in the R-S Zoning District, no accessory buildings, either as originally constructed or as added-on to, shall exceed 840 square feet.

(8) The collective size of all detached accessory buildings shall not exceed ten percent (10%) of any residential lot.

(Ord. 1-15. Passed 2-23-15.)

(9) The use of metal shipping containers or temporary storage containers, as defined in Section 1215.23, as well as semi-tractor trailers, as permanent utility/accessory buildings, is strictly prohibited.

(Ord. 11-23. Passed 5-8-23.)

1215.04 PRIVATE RESIDENTIAL SWIMMING POOLS.

No private residential swimming pool, exclusive of "Portable/Blow-up/Wading/Kiddie Pools", shall be allowed in any district, except as an accessory use and unless it complies with all of the following conditions and requirements:

(a) The pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.

(b) The pool may not be located in the front yard area; nor, closer than five feet (5') to a rear or side lot line.

(c) Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than forty-eight inches (48"/4 feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier. Rails are not permitted in place of a wall or fence.

(1) Such fence or other barrier shall be of conventional design and each gate in it shall be provided with a self-closing, self-latching gate with secure lock and shall be kept locked at all times, unless such pool is under the immediate observation/supervision of a responsible person. The latch shall not be lower than forty-eight inches (48") and located on the inside of the gate, not accessible to small children.

(2) In the case of pools which are partially or completely above-ground, in lieu of a fence or other permissible barrier, the outside structure of the pool wall may constitute part of the conventional barrier but must have a permissible topper-barrier, so that the complete barrier, measured from the adjacent grade or the highest point of access to the pool, is not less than seventy-two inches (72") or six feet (6'). The steps or ladder can be designed to be secured, locked or removed to prevent access, or the steps or ladder can be surrounded by a completely enclosed fence or other permissible barrier with gate as stated above.

(3) Spas, hot tubs, and the like, having a span of nine feet (9') or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spas or hot tubs, in lieu of a fence, whenever not in the immediate supervision of a responsible adult. Spas/hot tubs and the like having a span greater than nine feet (9') at any point, shall be considered a swimming pool and must adhere to the swimming pool guidelines.

(4) No part of any barrier shall be located between the building setback line as established by the Zoning Ordinance and the street on which the lot or parcel abuts.

(d) Required fencing and/or other permitted barrier must be in place within twenty- four (24) hours after the swimming pool has been constructed or filled.

(e) Prior to the construction or erection of a private residential swimming pool, the petitioner shall obtain a zoning permit under Chapter 1227, a fence permit (unless using a pool topper-barrier), a swimming pool permit and all permit/variance fees shall be paid.

(Ord. 1-15. Passed 2-23-15.)

1215.05 LARGE PONDS.

(a) General.

(1) Large ponds shall be conditionally permitted in the R-S, R-1, R-2, R-3, PUD, 1-1 and 1-2 districts as a part of the overall design of a subdivision containing at least five (5) acres of land.

(2) Large ponds shall be conditionally permitted in an industrial district as part of the overall design of an industrial plant or park containing at least three (3) acres.

(3) Minimum surface area shall be one half (½) acre. Maximum surface area shall not exceed twenty-five percent (25%) of the net acreage of the parcel.

(4) The side slope of a Large Pond shall be horizontal to vertical at a ratio of 3: 1. The ratio shall be maintained to a minimum depth of seventeen feet (17'). Large Ponds that do not meet this ratio are required to be enclosed with a six foot (6') fence.

(5) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to suitable outlet or drainage ditch.

(b) Setback.

(1) A Large Pond shall have 100 feet minimum setback from any street right of-way.

(2) Large Ponds on industrial parcels of five (5) acres or less shall have a side yard setback of not less than ten percent (10%) of the width of the parcel, with a minimum setback of twenty-five feet (25').

(3) A Large Pond shall be located no closer than 100 feet to a septic tank or leach field.

(1) The refilling of an area which has been excavated for the development of a Large Pond shall be considered waste disposal and shall meet the requirements as set forth by the County Board of Health for solid waste disposal under Ohio R.C. 3734.05.

(d) Retention ponds and other ponds not specifically permitted above may be permitted with the approval of the Planning Commission and subject to their requirements.

(Ord. 1-15. Passed 2-23-15.)

1215.06 ORNAMENTAL PONDS AND WATER FEATURES.

Ornamental ponds shall not cover more than one percent (1%) of the total square footage of the lot and shall not be deeper than three feet (3') at its deepest point. Ornamental ponds with a depth greater than eighteen inches (18"), shall not have a drop ratio greater than 3': 1' and are required to have safety ledges installed every twelve inch (12") of depth. Ornamental ponds must include mechanisms to allow for moving water to prevent stagnant water conditions, and may only be located in the rear or side yard. Zoning permits are required. Water features such as shallow water fountains (not exceeding twelve inches (12") of water depth) or man-made waterfalls, shall not be located within fifteen feet (15') of any right of way. Still water or standing water not permitted. A zoning permit is required.

(Ord. 1-15. Passed 2-23-15.)

1215.07 PORTABLE/BLOW-UP/WADING/KIDDIE POOLS.

Portable/blow-up/wading/kiddie pools are permitted outdoors between May 1st through September 30th of the same calendar and shall not create any safety or health hazards. It is solely the responsibility of the property owner to make sure that these types of pools are not a safety hazard or do not become a health hazard. Portable/Blow-Up/Wading/Kiddie Pools may be required to be removed if all criteria is not met as determined by the Safety Service Director or designee. No zoning permit required.

(Ord. 1-15. Passed 2-23-15.)

1215.08 ANIMALS.

(a) Agricultural livestock, except as provided in subsection (b) herein, shall not be permitted in any zoning district.

(b) In any district, horses may be kept if the total lot area exceeds five (5) acres, provided that no structure, pen or corral for such use shall be within 100 feet of any lot line, and a conditional use permit is obtained from the Board of Zoning Appeals.

(c) Any lot, building, structure, enclosure or premises wherein four (4) or more dogs or four (4) or more cats, four (4) months of age or older, are maintained shall be construed to be a kennel and shall not be permitted in any residential district.

(Ord. 1-15. Passed 2-23-15.)

1215.09 SUPPLEMENTAL YARD REQUIREMENTS.

(a) Projections Permitted. Projections into required yard areas are permitted as follows:

(1) Architectural features such as canopies, cornices, eaves and other similar features may project not more than four feet (4').

(2) Bay windows, balconies or chimneys may project into a front, side or rear yard a distance not exceeding three feet (3'), provided that the aggregate width of such projections shall not exceed one-third (.33) of the length of the wall upon which it is located.

(3) An attached and unenclosed porch or deck (at the same height as the finished first floor level of the principal structure or lower) may project from a principal building into the required rear or side yard setback for a distance that does not exceed twenty percent (20%) of the required yard. For example, if a required rear yard is twenty-five feet (25'), then an uncovered porch or deck may project five feet (5') into the required rear yard (leaving a distance of twenty feet (20') to the rear lot line). However, in no case shall an attached unenclosed porch or deck be placed closer than five feet (5') to any lot line. Physical structures relating to barrier free access, such as ramps, shall not be required to comply with setback requirements.

(b) Projections Prohibited. Porches, carports and covered patios shall not project into the required yards.

(c) Corner Lot Yards. On all corner lots, all yards which front on streets shall be considered front yards, and as such shall meet the minimum front yard requirements specified for the districts in which they are located. Also for corner lots, the yards not fronting on a street shall be considered side yards and shall meet or exceed the side yard requirements for the district.

(d) Through Lot Setback. On all through lots, the minimum front yard setback specified for the district in which the lot is located shall apply to each yard with street frontage.

(e) Open Space. There shall be provided an area of at least 300 square feet of usable open space for each dwelling unit on any lot in a R-3 District. Such usable open space may be located anywhere on the lot, but shall not have a dimension less than fifteen feet (15'), a slope greater than five percent (5%) or be obstructed by access roads, parking areas or accessory buildings.

(f) Corner Clearance. As illustrated below, for the purpose of minimizing traffic hazards at street intersections, no obstructions higher than two feet (2') above the adjacent top-of-curb elevation shall be permitted to be planted, placed or erected on any corner lot within a triangular portion of the land whose sides are defined as follows: two (2) sides shall be the two (2) intersecting street lines for distances of thirty feet (30') along the lot frontage from their point of intersection and the third side shall be a line connecting the ends of the other two (2) sides, extending obliquely across the corner lot.

(Ord. 1-15. Passed 2-23-15.)

1215.10 SUPPLEMENTAL HEIGHT REQUIREMENTS.

The maximum heights specified for buildings contained in these regulations shall not apply to:

(a) Public facilities, churches and schools, provided that for each one foot (1') by which the height of such building exceeds the maximum height otherwise permitted in the district, its required side and rear yard setbacks shall be increased by an additional one and one-half feet (1½') and provided the projection which exceeds the maximum height requirements of the zoning district does not exceed fifty percent (50%) of the ground floor area of the building.

(b) Flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, silos and similar structures for bulk storage, grain elevators, mineral extraction and processing structures, or any similar structures, provided that such structures in their aggregate coverage occupy no more than twenty-five percent (25%) of the lot coverage of the principal and accessory buildings and shall not be less than twenty-five feet (25') from each lot line. Residential flagpoles, radio and television antenna shall be exempt from the twenty-five foot (25') side lot clearance.

(Ord. 1-15. Passed 2-23-15.)

1215.11 TEMPORARY BUILDINGS.

(a) Temporary buildings for purposes incidental to construction work shall be permitted in any district during the period of construction. The building shall be removed upon completion of the construction.

(b) Temporary buildings may be permitted in conjunction with a temporary activity such as carnivals, bazaars, etc. which may be conducted for no more than seven (7) days. Zoning certificates shall be required for the buildings either individually or as a group. The buildings shall be removed twenty-four (24) hours after the completion of the activity.

(Ord. 1-15. Passed 2-23-15.)

1215.12 GARAGE SALES.

(a) Garage sales are permitted in any zoning district.

(b) Each household is entitled to no more than three (3) garage sales per calendar year.

(c) Garage sales may not extend for more than three (3) consecutive days and may operate between the hours of 7:00 a.m. to 7:00 p.m. during those days.

(d) Temporary signs advertising garage sales shall not be erected anywhere in the City without the property owners permission.

(Ord. 1-15. Passed 2-23-15.)

1215.13 SATELLITE DISHES.

Satellite dishes are permitted in all residential and commercial districts if located in a rear yard and all other setback requirements are met.

(Ord. 1-15. Passed 2-23-15.)

1215.14 EXCAVATION PROTECTION.

In any district, excavation relating to the construction, on the same lot, of a building for which a building permit has been issued shall be permitted. If construction of a building is stopped prior to completion, or the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials. Any excavation shall immediately be filled in and the topsoil replaced, or all such excavation shall be entirely surrounded by a substantial fence at least six feet (6') high that will effectively block access to the area in which the excavation is located. The Zoning Administrator is hereby empowered to enforce the provisions contained herein.

(Ord. 1-15. Passed 2-23-15.)

1215.15 AUTOMOTIVE SERVICE STATIONS.

Service stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet minimum frontage. Gasoline pumps and other such facilities shall be located at least twenty-five feet (25') from a street right-of-way line, and twenty feet (20') from any side or rear lot line. Such lot does not adjoin any other land held by the same owner. No residential structure shall be constructed within twelve feet (12') of a habitable existing structure on an adjacent lot. In R-l Districts, residential structures or accessory buildings shall be constructed with a minimum side yard requirement of six feet (6'). Maximum lot coverage shall be twenty-five percent (25%).

(Ord. 1-15. Passed 2-23-15.)

1215.16 EXISTING LOTS IN RESIDENTIAL DISTRICTS.

Any existing lot in a residential district with an area or width less than the minimum required by regulations of such district may be used for one-family dwelling without a variance, provided that:

(a) Such lot does not adjoin any other land held by the same owner.

(b) No residential structure shall be constructed within twelve feet (12') of a habitable existing structure on an adjacent lot.

(c) In R-l Districts, residential structures or accessory buildings shall be constructed with a minimum side yard requirement of six feet (6').

(d) Maximum lot coverage shall be twenty-five percent (25%).

(Ord. 1-15. Passed 2-23-15.)

1215.17 BED AND BREAKFAST.

(a) The maximum number of guest rooms permitted is three (3).

(b) Bed and Breakfasts are permitted only in residential structures that are owner-occupied.

(c) Food services in Bed and Breakfasts are limited to breakfast for guests only. No food preparation is allowed in the rooms.

(d) Interior Design Standards.

(1) Bedrooms shall be an existing part of the primary residential structure and not specifically constructed or remodeled for rental purposes.

(2) The architectural integrity of the structure and arrangement of existing interior space must be maintained.

(e) Exterior Design Standards.

(1) Only minimal outward modification is allowed and only if compatible with neighboring structures.

(2) Modifications required for safety purposes are allowable.

(f) Bed and Breakfast Area and Bulk Requirements.

(1) The guest house operation cannot utilize more than fifty percent (50%) of the floor area of the residential structure.

(2) A minimum of 250 square feet of gross interior floor area is required for each guest. Gross interior floor area includes room, hall, bath, and dining areas.

(Ord. 1-15. Passed 2-23-15.)

1215.18 PUBLIC FACILITY.

All permanent buildings shall be constructed and designed so as to conform with the setback and building design of existing uses in the district. Screening and plantings to buffer any structures, other than buildings from adjacent residential uses are required.

(Ord. 1-15. Passed 2-23-15.)

1215.19 ADDRESS SIGNS IN INDUSTRIAL PARKS.

(a) All principal buildings in industrial parks must have the address number of the building posted conspicuously on the front of said building in numbers of not less than one foot (1') high and not more than two feet (2') high.

(b) Said address numbers shall be illuminated either from within or from lighting directed upon the numbers, so that the same shall be visible day and night.

(c) This requirement is for public safety purposes and shall be retroactive as to all such buildings now existing, upon thirty (30) days notice to correct said condition.

(d) This provision shall apply prospectively to all new principal buildings in industrial parks immediately upon the taking effect hereof.

(e) For the purposes of this section, "industrial parks" means any subdivision containing more than one industrial principal building.

(Ord. 1-15. Passed 2-23-15.)

1215.20 SEXUALLY-ORIENTED BUSINESSES.

(a) No sexually-oriented business shall be established on any premises within 500 feet of another sexually-oriented business, measured as a straight line distance between the closest property lines. For the purposes of this Section, this measurement shall ignore political boundaries and account for such businesses in all neighboring jurisdictions.

(b) No sexually-oriented business shall be established on any premises within 500 feet of a child care facility, religious institution, public school, public building, public park, or any property zoned for residential use, or any individual residential use. Such measurement shall be measured as a straight line distance between the closest property lines. For the purposes of this Section, this measurement shall ignore political boundaries and account for facilities in neighboring jurisdictions.

(Ord. 1-15. Passed 2-23-15.)

1215.21 JUNK/DISCARDED MOTOR VEHICLE STORAGE.

No junk or discarded motor vehicle may be stored on private or public property, unless such vehicle is stored indoors, or within a lawfully existing junk yard or automotive wrecking yard.

(Ord. 1-15. Passed 2-23-15.)

1215.22 MEDICAL MARIJUANA DISPENSARY.

(a) Council hereby declares a medical marijuana dispensary a permitted use as long as it is located within a B-2 General Commercial District pursuant to Zoning Code Section 1207.05 Business Uses and categorized as a retail business or service similar to those listed in the same zoning district as determined by the Zoning Administrator.

(b) The dispensing of medical marijuana within the City corporation limits shall be limited to no more than a total of one (1) medical marijuana dispensary within the B-2 General Commercial District within the City, and subject to all other applicable laws concerning zoning and permits. (Ord. 23-21. Passed 9-13-21.)

1215.23 TEMPORARY STORAGE CONTAINERS.

(a) Definitions. Temporary Storage Containers means any container, enclosure, structure, portable on-demand storage device (POD), metal shipping container, mobile storage unit, and any other device which is designed to be portable and transportable, commonly used to store home furnishings and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Temporary storage containers do not include self-propelled motor vehicles or moving vans.

(b) Permit Required. No temporary storage container shall be placed upon any residential property without first obtaining a zoning permit from the Zoning Inspector.

(1) Applications for a zoning permit for a temporary storage container shall be in writing on forms provided by the Zoning Inspector and shall include the following:

A. Name and address of the property owner;

B. Description of the container, including size and dimensions;

C. A plan, drawn to scale, showing the proposed location of the container.

(2) The fee for a zoning permit for a temporary storage container shall be twenty-five dollars ($25.00) subject to adjustment by the Safety-Service Director in conjunction with the City Auditor, to take into account inflation or other costs of issuing such permits.

(1) Only permitted on a property containing an existing residential dwelling, or a residential dwelling under construction, renovation or repair and where a valid building permit has been issued, provided the temporary storage container is not part of the permanent construction.

(2) Shall be located in the driveway, as close to the house as possible. If located for a residential construction project where a driveway is not yet installed, the container shall be located in the proposed driveway location.

(3) Shall not be located in the right-of-way or on the street.

(4) Shall not block a public sidewalk.

(5) No electric or plumbing service shall be connected to or provided in the temporary storage container.

(6) Human or animal habitation is prohibited in a temporary storage container.

(7) Only one temporary storage container shall be placed on a property at one time. Stacking containers is prohibited. Semi-tractor trailers are prohibited.

(8) Maximum size permitted is eight feet (8') in width by eight feet (8') in height by twenty feet (20') in length, or up to forty feet (40') in length if approved by the Zoning Inspector.

(9) Temporary storage containers are permitted to remain on a property for a period not to exceed thirty (30) days within a calendar year. The Zoning Inspector has the authority to grant one thirty (30) day extension, without additional fee, if the property owner requests the extension prior to the expiration of the original thirty (30)-day period and shows just cause for the extension.

A. Temporary storage containers placed on a property for a construction project are permitted to remain for the duration of the project, but shall be removed from the property within seven (7) days of completion of the project and issuance of a Certification of Occupancy/Completion or upon expiration of the building permit.

(d) Public Nuisance. No temporary storage container shall be located or used in such a manner on any property as to create a public nuisance such as, but not limited to, creating a motor vehicle visibility issue or storing hazardous materials, as determined by the Zoning Inspector.

(e) Storage Containers on Commercial/Industrial Properties. Storage containers are permitted on any developed commercial or industrial property, without a zoning permit, for temporary or permanent on-site storage.

(1) Storage containers shall be screened from public view unless otherwise determined by the Zoning Inspector.

(2) Storage containers are not permitted to occupy required off-street parking spaces.