Bratenahl City Zoning Code
CHAPTER 1155
Residential Districts
1155.01 INTENT.
Use, area, yard and height regulations applying to standard zoning residential districts are established in order to achieve, among others, the following purposes:
(a) To regulate the use of dwellings and the accessory uses in relation to and compatible with the characteristics of present districts;
(b) To regulate the density and distribution of the population in accord with a plan for maintaining adequate municipal services;
(c) To regulate the bulk and location of buildings so as to obtain proper light, air, privacy and usable open space on each lot;
(d) To protect, conserve and improve the amenities prevailing in the neighborhood; and
(e) To promote the most desirable and beneficial use of the land in accordance with the Village Plan.
(Ord. 3051. Passed 1-17-01.)
1155.02 USE REGULATIONS.
Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in standard residential districts only for the uses set forth in this chapter.
(a) Types of Uses.
(1) The main use shall be permitted by right in a district in which it is specifically permitted by this Code.
(2) An accessory use shall be permitted by right in a district in which it is specifically permitted by this Code if it is clearly incidental, related and accessory to the main use located on the same lot or parcel, or a special permit therefor has been granted.
(b) Schedule of Permitted Buildings and Uses.
(1) Main buildings and uses: One-family detached dwellings, not more than one per lot, municipal buildings, parks, playgrounds and publicschools.
(2) Accessory buildings and uses:
A. Buildings: Private garages, greenhouses, garden houses, beachhouses;
B. Structures: Private swimming and wading pools, air conditioners, condensers, generators, walls and fences, revetments and stairs to lake;
C. Yard uses: Private gardens and recreation uses, parking and storage uses;
D. Landscaping features: Hedges, shrubs;
E. Accessory living accommodations in a main dwelling for personal guests, or persons employed on the premises, but without additional cooking facilities;
F. Temporary structures for construction operations; and
G. Storage sheds, gazebos, play equipment, or garden equipment/structures such as statues or trellises.
(Ord. 3051. Passed 1-17-01.)
1155.03 LOT DESIGN CRITERIA.
In the planning of subdivisions, lots shall be designed to provide functional building sites to fully accommodate the dwelling, yards and accessory uses in accordance with the requirements and criteria of this chapter. Moreover, parcels shall be subdivided, consolidated or resubdivided, to form a coordinated neighborhood pattern as set forth in Chapter 1135. Such divisions and compliance with the design criteria shall be determined in the review process.
(a) Area and Width of Lots. The area and widths of lots shall comply with the minimum area and width requirements set forth in Section 1155.05 for the district in which the lot is located.
(1) In the R-1, R-2, R-3, and R-4 Districts, the width of a lot shall be measured at the front building setback line. On curved streets the front lot line may be less than the required width for the lot but the chord at the front lot line shall be not less than sixty percent (60%) of the required width at the building line.
(2) In the R-LF District, the width of the lot shall be measured at both the front building setback line and the front lot line. However, the standards shall be construed as minimum and not optimal standards. The Planning Commission may, during the subdivision review process, require adjustments in lot size and shape to achieve optimal lots that are appropriate for the neighborhood and type of development proposed, approximating rectangular shapes to the extent possible.
(b) Depth of Lots. The mean horizontal distance between the front and rear lot lines of the lot shall not exceed two and one-half times its width at the building setback line except where the front lot line abuts on Lake Shore Boulevard or the rear lot line abuts the Freeway, Lake Erie or a brook, in which case the depth of the lot may be increased but may not exceed three and one-half times its width unless otherwise approved in the review process.
(c) Corner Lots. In order to achieve appropriate orientation to both streets, corner lots shall have extra width as determined in the review process of the subdivision or development plan.
(d) Side Lot Lines. Side lot lines shall be designed to be at right angles to straight street lines or radial to curved street lines, excepting such lines should be adjusted to accommodate topography, natural features or a cluster design.
(e) Lot Consolidation Required. A lot that is comprised of two (2) or more adjacent lots of record owned in common shall be consolidated whenever the following types of new construction are proposed:
(1) Whenever a main building, accessory building more than 40 square feet in area, or accessory recreational structure, is constructed or enlarged and the area or placement of the construction is dependent on the total area and/or dimensions of the lot in order to comply with the zoning requirements, and would not comply based on the area and/or dimensions of the lot of record on which the new construction is proposed.
(2) Whenever a main building, or part thereof, accessory building more than forty (40) square feet in area, accessory recreational structure, or driveway is constructed or enlarged on two or more lots of record.
(3) Whenever an accessory building, accessory recreational structure or accessory parking area is proposed on a lot of record separate from the dwelling to which the building, recreational structure or parking area is accessory.
(Ord. 4115. Passed 2-15-23.)
1155.04 YARD REGULATIONS.
Yards shall be provided for one-family dwellings, in accordance with the schedule in Section 1155.05 in order to attain adequate light, air, privacy and usable open space on each lot.
(b) Front Yards on Built-up Blocks. Whenever there are existing dwellings that were lawfully constructed before this Code was passed, but which do not comply with the setback from the street right-of-way set forth in Section 1155.05, the required front setback for additions, alterations, and new construction shall be the average front setback of the existing, adjacent homes on either side of the home or vacant lot on which the front setback is to be determined.
(e) Projections. Building projections that extend outside the enclosing walls as an integral, functional and necessary part of the main building, are encouraged to add form and interest to the exterior design. Such projections may encroach into the required yard in compliance with the following:
(1) Architectural features such as chimneys, bay windows and cornices may project from exterior walls not more than two and one-half (2 ½) feet into a required front or side yard.
(2) Entrance platforms and hoods, one-story unenclosed porches, shading devices and other open shelters, may project for a distance of ten (10) feet into a required front or side yard but shall not project within three (3) feet of a property line.
(3) Projections are not restricted in required rear yards, except as regulated in Section 1155.05(c).
(4) Otherwise, every part of a required yard shall be open to the sky and unobstructed.
(Ord. 4115. Passed 2-15-23.)
1155.05 SCHEDULE OF LOT AND YARD REQUIREMENTS.
Land shall be divided and developed and buildings shall be erected, altered, moved or maintained in standard residential districts in compliance with the minimum lot and yard requirements as provided in this section:
(a) Schedule of Minimum Lot and Yard Dimensions:
1155.05(a) Schedule of Minimum Lot and Yard Dimensions | ||||||||
District | Minimum Lot Sizes | Minimum Yard Sizes | ||||||
Side Yard (1) | Rear Yards | |||||||
Area | Width (feet) | Depth (feet)(1) | Front Yard (feet)(1) | One | Total of Two (feet) | Adjacent to Lake Erie Shoreline | All other Rear Yards (% of lot depth) (3) | |
R-LF | 2 acres | 200 | 400 | 250 | 30 | 70 | (2) | 25% or 50 ft |
R-1 | 30,000 s.f. | 125 | 200 | 75 | 25 | 50 | (2) | 25% or 50 ft |
R-2 | 15,000 s.f. | 100 | 150 | 50 | 15 | 40 | NA | 25% or 50 ft |
R-3 | 7,500 s.f. | 50 | 100 | 25 | 5 | 12 | NA | 25% or 50 ft. |
R-4 | 4,800 s.f. | 40 | 100 | 15 | 5 | 12 | NA | 25% or 50 ft. |
Notes: (1) See also Section 1155.05(b) for exceptions. (2) See Section 1155.05(c). (3) Whichever is less. | ||||||||
(1) In an R-1 District, lots fronting on the north side of Lake Shore Boulevard shall have at least 240 feet depth but not more than as set forth in Section 1155.03(b).
(2) In an R-2 District, lots fronting on the south side of Lake Shore Boulevard shall have a front yard of at least seventy-five (75) feet and a depth of at least 200 feet but not more than as set forth in Section 1155.03(b).
(3) For lots of fifty (50) feet or less in width, the minimum width of one yard shall not be less than three (3) feet and the total of the two (2) side yards shall not be less than ten (10) feet.
(c) Setback from Lake Erie Shoreline. As noted in the Bratenahl Village Plan, the lakefront is one of the most important natural resources in the Village. The following shoreline
setback regulations apply to lakefront lots in the RLF and R-1 Districts in order to preserve, protect and enhance the shoreline, views of Lake Erie and property values, and reduce the potential for damage to buildings and structures from shoreline erosion.
(1) New construction and building additions along the Lake Erie shoreline shall comply with the minimum shoreline setback determined by the stringline setback method in subsection 1155.05(c)(2) or 150 feet, whichever is greater.
(2) The stringline setback shall be established by drawing a straight line between the nearest dwelling on either side of the lot on which the setback is to be determined, from the point where each dwelling projects the closest to the ordinary high water mark, including attached structures (e.g., decks or stairs) that are thirty (30) inches in height or greater above the existing grade, (see Figure 1155.05(c)).
(3) Where more than one point of a primary dwelling is equally closest to the ordinary high water mark, the stringline shall be drawn from the point closest to the lot on which the setback is to be determined.
(4) New construction of buildings and structures on lots contiguous to the shoreline shall be compatible in scale with existing development and shall not extend further lakeward into the minimum shoreline setback except as permitted in Section 1155.06.
(5) No vegetation shall be planted, maintained, or permitted to grow within the minimum shoreline setback in a manner that unreasonably obstructs the existing views of the lake from any dwelling on an adjoining lot, as specified in Section 1155.06(b)(6).
(6) For the purposes of this Section only, the “property line” along the Lake shall be the point where the natural shoreline intersects the ordinary high water elevation as determined by the Ohio Department of Natural Resources, Division of Geological Survey.
(Ord. 4115. Passed 2-15-23.)
1155.06 PLANNING CRITERIA FOR ACCESSORY BUILDINGS AND USES.
Accessory buildings, structures and uses shall be designed, constructed, altered and maintained in accordance with the following criteria and as may be adjusted in the review process.
(a) Yard, Coverage and Height Standards for Accessory Buildings and Uses. Accessory buildings, structures and uses permitted in Residential Districts shall comply with the standards set forth in Schedule 1155.06(a), however, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in subsections 1155.06(b) through (j).
Schedule 1155.06(a) | |||||
Permitted Use or Structure | Yard in Which Permitted | Minimum Setback from Lot Line | Maximum Coverage | Maximum Height | |
Side | Rear | ||||
R-LF(1), R-1(1), and R-2 Districts | |||||
Storage shed, greenhouse, beach house, and similar accessory buildings | Rear Yard | 10 feet | 10 feet | 15% of the area of the main building | 10 feet |
Accessory recreational structures such as swimming pools and tennis courts | Rear Yard | 30 feet | 30 feet | 5% of the lot area (2) | 10 feet |
Gazebos, play equipment, garden equipment/structures and similar structures | Side Yard | (3) | NA | 5% of side yard | 10 feet |
Rear yard | 10 feet | 10 feet | 5% of rear yard | 10 feet | |
Freestanding air conditioning unit (4) | Side yard | 20 feet | NA | NA | NA |
Rear yard | 20 feet | 20 feet | NA | NA | |
Emergency generator, swimming pool pumping equipment and similar motorized equipment (4) | Rear Yard | 20 feet | 20 feet | NA | NA |
R-3 and R-4 Districts | |||||
Detached garage | Rear Yard | 3 feet | 3 feet | (5) | 18 feet |
Storage shed, greenhouse, and similar accessory buildings | Rear Yard | 3 feet | 3 feet | 15% of the area of the main building (6) | 10 feet |
Gazebos, play equipment, garden equipment/structures and similar structures | Side yard | (3) | NA | 5% of side yard | 10 feet |
Rear yard | 5 feet | 10 feet | 5% of rear yard | 10 feet | |
Freestanding air conditioning unit (4) | Side yard | 3 feet | NA | NA | NA |
Rear yard | (3) | 20 feet | NA | NA | |
Emergency generator, and other similar motorized equipment (4) | Rear yard | (3) | 20 feet | NA | NA |
Schedule 1155.06(a) (CONT.) | |||||
Permitted Use or Structure | Yard in Which Permitted | Minimum Setback from Lot Line | Maximum Coverage | Maximum Height | |
Side | Rear | ||||
All R Districts | |||||
Decks, terraces, patios and similar seating areas that exceed 40 square feet | Side yard | (3) | NA | NA | NA |
Rear yard | (3) | 20 feet | NA | NA | |
(1) See subsection 1155.06(b) below for accessory structures in the Shoreline Setback area. (2) See subsection 1155.06(d) below for swimming pools. (3) Shall maintain the minimum required side yard for the dwelling as specified in Section 1155.05. (4) See also Section 1155.06(e). (5) Shall comply with the maximum land coverage set forth in Section 1155.07 (6) Calculation of accessory building floor area does not include the area of a detached garage. | |||||
(b) Accessory uses and structures in the Shoreline Setback Area. The following accessory structures, uses and vegetation are permitted in the shoreline setback area, provided they do not substantially impair views of Lake Erie from adjoining properties:
(1) One accessory buildings with a maximum area of 240 square feet and a maximum height of ten (10) feet.
(2) Uncovered decks, patios, and in-ground swimming pools, provided no part of the structure exceeds thirty (30) inches in height above the existing grade.
(3) Gazebos, garden structures, play equipment and similar open structures with a maximum height of ten (10) feet.
(4) Stairs and docks that provide access to the lake.
(5) Open fences and hedges with a maximum height of six (6) feet and a minimum of seventy-five percent (75%) openness.
(6) Landscaping and plant material that has a maximum mature height of ten (10) feet, and is planted in a manner that does not create a hedge.
(c) All accessory buildings shall be supported on a masonry foundation wall or concrete beam at grade, and the design, texture and color of exterior materials shall be compatible with the main building.
(d) Accessory Swimming Pools. All private pools shall be designed, constructed and maintained in accordance with Chapter 1329 of the Codified Ordinances and generally accepted industry standards relating to illumination of same.
(e) Air conditioning units, emergency generator equipment, and other similar motorized equipment shall comply with the following additional requirements:
(1) In all R districts, freestanding air conditioning units, emergency generator equipment and similar motorized equipment shall be located within ten (10) feet of the structure or use it serves if located in a rear yard and, where permitted, within five (5) feet of the structure or use it serves if located in a side yard.
(2) All freestanding motorized equipment shall be located so that it is entirely serviceable without needing to enter onto the adjoining property.
(3) All freestanding motorized equipment including swimming pool pumping and filtering equipment shall be screened to its full height from view from the street and abutting properties by a solid fence and/or evergreen vegetation.
(4) Window air conditioning units may project a maximum of thirty (30) inches into a required side or rear yard.
(f) Parking of Recreation Vehicles in a Residential District. The accessory parking of a recreational vehicle shall be permitted in a residential district only in compliance with the following:
(1) Recreational vehicles owned by the occupants of the dwelling may be parked or stored inside a garage, provided the enclosed parking area is in excess of the area needed to accommodate the enclosed parking spaces required in Subsection 1155.07(f).
(2) Recreational vehicles owned by the occupants of the dwelling may be parked or stored in the rear yard, outside of an enclosed building not less than ten (10) feet from a lot line, subject to the following conditions:
A. The outdoor parking space shall be effectively screened from view from the street and adjacent properties as determined by the Building Commissioner. Adequate screening shall consist of a wall or fence as permitted by this Code, or evergreen plantings.
B. The recreational vehicle shall be kept in good repair and, where applicable, carry a current year’s license plate and registration.
(3) A recreation vehicle may be temporarily parked in a parking or driveway area anywhere on the premises for loading or unloading purposes for a period of not more than forty-eight (48) hours in any consecutive fourteen (14)-day period.
(4) No recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities and at no time shall the recreation vehicle be used as a dwelling unit, or for storage or housekeeping purposes while parked or stored in the Village.
(h) Landscape features, such as hedges, shrubs, and other such vegetation, are encouraged in all yards to enhance the use and enjoyment of the property and the environment of the Village, except as limited in Subsection 1155.06(b) for the Shoreline Setback area in an RLF and R-1 District.
(i) The temporary parking of automobiles shall be permitted only on the driveway and turnaround system.
(j) Permit Required. Unless the accessory buildings, structures and uses are included in the final development plan, a permit shall be required for the above accessory buildings, structures and uses except for specified landscape features in subsection (h) and temporary parking in subsection (i).
(Ord. 4115. Passed 2-15-23.)
1155.07 DWELLING AREA, COVERAGE, AND HEIGHT REGULATIONS.
One-family detached dwellings shall be designed, erected, altered, moved or maintained only in compliance with the floor area, land coverage and building height standards provided in the following:
(a) Floor area standards for one-family detached dwellings shall be designed, erected, altered, moved or maintained only in compliance with the floor area, land coverage and building height standards provided in the following:
(Ord. 4115. Passed 2-15-23.)
(1) To provide space adequate for all the physical needs for each family function, each housekeeping activity, space for furniture, equipment and circulation without overcrowding the spaces;
(2) To provide space for the social needs and for the psychological well-being of the family, the activities the family does together and privacy for individual members, all without overuse of the space; and
(3) To provide diverse house sizes and types for present conditions yet flexible and adaptable to future needs of the family, and thus contributing to the long-term economic values of the dwelling and to the residential environment.
(4) In addition, occupancy standards, principally for maintaining the public health, are established in the Housing Code of the Village specifying the minimum area requirements of certain habitable rooms in relation to the number of persons who may occupy such space.
(Ord. 3051. Passed 1-17-01.)
(b) The floor area of a one-family detached dwelling for use in building designs means the total floor area of the living, dining, kitchen, sleeping and other habitable rooms, household closets, space for circulation; storage, laundry and mechanical facilities if located on the first floor. It shall also include finished rooms and space on upper floors which conform to the Building Code in respect to ceiling height, natural light and ventilation. It shall be measured from the exterior face of the enclosed walls at the ground floor and the interior face of the rooms and space on the upper floors.
(d) Schedule of Dwelling Area, Land Coverage and Height Standards:
Schedule 1155.07(d) Dwelling Area, Land Coverage and Height Standards | ||||
District | Minimum Floor Area (square feet per dwelling unit) | Maximum Land Coverage (percentage of lot) | Maximum Building Height | |
Stories | Feet | |||
R-LF | 4,000 | 7 ½ | 2 ½ | 35 |
R-1 | 2,000 | 10 | 2 ½ | 30 |
R-2 | 1,600 | 15 | 2 ½ | 30 |
R-3 | 1,350 | 20 | 2 | 25 |
R-4 | 1,200 | 25 | 2 | 25 |
(e) Required Storage Space. In addition to the floor area requirements set forth in Schedule 1155.07(d), at least 120 square feet of general storage space or spaces, exclusive of household closets, shall be provided on the ground floor of each dwelling unit, unless an equivalent space is provided in the basement or in a garage provided the storage area in the garage is in excess of the area needed to accommodate the enclosed parking spaces required in subsection (f) below.
(f) Required Parking Spaces and Garages. Each one-family dwelling unit shall have a minimum of two (2) parking spaces.
(1) The required parking spaces shall be within an enclosed attached garage, except as otherwise permitted below.
(2) In the R-3 and R-4 District, a one-family dwelling located on a lot with a lot width less than sixty (60) feet shall be required to provide a minimum of one parking space within an enclosed garage either attached or detached. The ground floor area of a detached garage shall not exceed seventy percent (70%) of the ground floor area of the dwelling to which it is accessory, and shall comply with the accessory use standards in Section 1155.06.
(Ord. 4115. Passed 2-15-23.)
1155.08 SUPPLEMENTAL DESIGN REQUIREMENTS FOR GARAGES.
Garages in a single family district, in addition to complying with all other requirements of this Chapter 1155, shall comply with the following:
(a) Garage doors on a standard single family lot shall not face a public street except:
(1) When the majority of the garage doors on a block currently face the public street.
(2) When the house is on a corner lot provided that in such case the garage door is oriented to face and have access from the more minor street.
(b) All garage doors shall either: be the same color as the primary color of the house; or be an accent or trim color which is complimentary to the primary color of the house.
(c) To preserve the quality of the residential environment and the existing Village character, the front of any new attached garages should be setback a minimum of five (5) feet behind the front wall of the dwelling.
(d) To preserve the quality of the residential environment and the existing Village character, a detached garage permitted in Section 1155.07(f)(2) shall be designed to complement and enhance the dwelling, with an exterior that is either the same color as the primary color of the house; or is an accent or trim color that is complimentary to the primary color of the house.
(e) The Architectural and Design Review Board, may grant relief from these design requirements when it determines that such relief will not adversely affect the value of the adjacent properties or materially diminish the quality and characteristics of the Village. In making such determinations, the Architectural and Design Review Board will be further guided by the Design Review Criteria in Section 1117.08.
(Ord. 4115. Passed 2-15-23.)
1155.09 LANDSCAPE PLAN APPROVAL REQUIRED FOR TOPSOIL, TREE REMOVAL, AND FILL.
The removal of healthy trees over three (3) inches in trunk diameter, the removal or stripping of topsoil or loam from a lot or parcel of land, or the grading, filling or regrading on a lot, shall be permitted as part of an approved landscaping plan or as otherwise required by the Planning Commission, Architectural and Design Review Board, and/or Village Engineer, as applicable.
(a) This section applies to any activity including new construction of a single-family dwelling and tree clearing, grading, topsoil removal and/or placement of fill that disturbs more than 1,000 square feet of ground area.
(b) Landscape Plan Required.
(1) Dwellings or Additions to Existing Single-Family Dwellings. The area being disturbed as part of new construction of or addition to an existing single-family dwelling shall be depicted on a proposed landscape plan as part of the submission requirements in Section 1154.04 for review by the Planning Commission and/or the Architectural and Design Review Board, as applicable.
(2) Any other land disturbing activity governed by this section shall be depicted on a proposed landscape plan for technical review by the Village Engineer. In addition, a Stormwater Pollution Prevention Plan (SWP3) prepared in conformance with Section 1316.05, shall be submitted for review whenever the area of disturbance is over one tenth (0.1) acre, unless the Village Engineer determines a SWP3 is necessary for a smaller site.
(3) The proposed landscape plan shall depict the following:
A. The existing and proposed site topography, trees, and landscape features;
B. The general extent and calculated area of the land clearing activities; and
C. A depiction of existing trees within the area to be disturbed that are over three inches in trunk diameter, noting which trees are to be preserved, and which trees are to be removed, along with each tree’s diameter measured at a point four and one-half (4.5) feet above ground level.
(c) Whenever approval of a landscaping plan is granted based on the preservation of existing trees, appropriate measures shall be undertaken during construction to protect such existing trees. The Planning Commission, Architectural and Design Review Board and/or Village Engineer may require a plan for protecting the trees as part of the building permit application to ensure that construction activities including changes in site hydrology do not harm the viability of such trees.
(d) If the Village determines that land clearing activities are being conducted in violation of this section, the site is subject to external inspection by the Village Engineer or other qualified inspector. The Inspector shall have the authority to enter the property for such external inspection and require compliance in accordance with the applicable provisions of this Planning and Zoning Code and Chapter 1316.
(Ord. 4115. Passed 2-15-23.)
1155.10 PROCEDURES FOR REVIEW OF SINGLE-FAMILY DWELLINGS.
1155.11 PROCEDURES FOR REVIEW OF FENCE APPLICATIONS.
The Architectural and Design Review Board shall review fence applications in compliance with the procedures set forth in Chapter 1171.
(Ord. 3051. Passed 1-17-01.)