The conversion of any building into a dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and courts and off-street parking. The aforesaid requirement with respect to yards and courts shall not apply where the conversion does not involve any exterior structural change.

(Ord. 98-176. Passed 8-3-98.)

   In any district where dwellings are permitted, a single household detached dwelling may be erected on any lot of official record on the effective date of this Code, irrespective of its area or widths, provided the applicable yard and other open space requirements satisfy the requirements of the district in which it is located.

(Ord. 98-176. Passed 8-3-98.)

   No lot, yard, court, parking area or other space shall be so reduced in area or dimension as to make such area or dimensions thereof less than the minimum required under this Zoning Code, and no part of a required yard, court or other open space provided about any building or other structure shall be included as a part of a required yard, court or other open space for another building or other structure.

(Ord. 98-176. Passed 8-3-98.)

   Height limitations do not apply to the following unless specifically regulated elsewhere:

   A.   To barns, silos or other farm buildings or structures on farms, provided these are not less than fifty (50) feet from every lot line; to church spires, belfries, cupolas and domes, monuments, towers, windmills, chimneys, smokestacks, flagpoles, radio masts and aerials; or to parapet walls extending not more than four (4) feet above the limiting height of the building.

   B.   To bulkheads, elevator penthouses, water tanks, monitors and scenery lofts where no linear dimension exceeds fifty (50) percent of the corresponding street lot line frontage; or to cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height; provided, however, that all such structures above the otherwise limiting heights shall not occupy more than twenty-five (25) percent of the area of the lot and shall be not less than twenty-five (25) feet from side or rear lot lines and not less than one (1) foot from the opposite side of each abutting street for each foot of height.

(Ord. 98-176. Passed 8-3-98.)

   Side yards may be reduced by three (3) inches from the otherwise required least width of each side yard for each foot by which the lot of record, at the time of the enactment of this Zoning Code, is narrower than sixty (60) feet, if the building is not higher than two and one-half (2-1/2) stories and if the owner of record does not own any adjoining property. However, no side yard shall be narrower at any point than four (4) feet for the principal building nor less than three (3) feet for any excepted projection.

(Ord. 98-176. Passed 8-3-98.)

   Along any zoning district boundary line on a lot adjoining such boundary line in the less restricted district, any abutting side yard or court shall have a minimum width and depth equal to the required minimum widths and depths for such side yards or courts in the more restricted district. Where a building on such a lot in the less restricted district is taller than the maximum building height permitted in the adjoining more restricted district, the least width of the side yard required in such more restricted district, for a building of maximum permitted height, shall be increased by three (3) feet for each story by which the height of such building exceeds the maximum height permitted in the more restricted district.

(Ord. 98-176. Passed 8-3-98.)

   Grade differences on lots within the City shall conform to the following:

   A.   Where a lot abuts on two (2) or more streets of different average established grades, the higher of such grades shall control only for a depth of one hundred twenty (120) feet, measured at right angles, from the street line of the higher street.

   B.   On a corner lot, the height shall be measured from the average established grade, or from the average finished grade at the building line, if higher, on the street of greatest width, or, if two (2) or more such streets are the same width, from the highest of such grades. The height limitations controlled by the wider street shall govern for a distance of one hundred twenty (120) feet measured at right angles from such wider street, except on parts of such one hundred twenty (120) feet as may be within a district where the heights of buildings are more restricted.

(Ord. 98-176. Passed 8-3-98.)

   In any district where a lot runs through a block from street to street, a front yard shall be provided along each street lot line.

(Ord. 98-176. Passed 8-3-98.)

   On any corner lot in any Residential District, or in any Professional Office District where a front yard is required, no fence, sign or other structure, planting or other obstruction to vision higher than four (4) feet above the established street grades shall be erected or maintained within the line connecting points twenty (20) feet from the edge of the street.

(Ord. 98-176. Passed 8-3-98.)

   The following regulations shall govern group homes within the City of Elyria:

   A.   Purpose.

   It is the purpose of this section to regulate the location, operation, and maintenance of group residential facilities (group homes) in order to promote the public health, safety, and welfare. It is the intent of this section to provide for the assimilation of these facilities in stable and suitable neighborhoods so that the living environments of their residents are conducive to their rehabilitation.

   B.   Conditional Use Permit Required.

   A Class I Type B group home is permitted by right in any residential district. No other group home shall be established, operated or maintained on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1135. In addition to said provisions, such group home shall comply with the following conditional use criteria:

      1.   Evidence must be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate State agency.

      2.   The owner shall be required to submit to the Building Inspector an official fire inspection report verifying compliance with current fire codes. This report must be dated within the twelve months prior to registration or renewal.

      3.   Evidence must be presented that the proposed facility will not generate an unreasonable increase in traffic volume or require special off-street parking facilities.

      4.   Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located.

      5.   Class I Type A and Class II Types A and B group homes shall be located no closer than one quarter mile to any other premises used for Class I, Type A group homes, Class II Type A and B group homes, educational institutions or day care centers.

      6.   No signs shall be erected by such facility for purposes of identification except a permitted street address sign.

      7.   The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.

      8.   Such facility shall be reasonably accessible, by virtue of its location or transportation provided by the applicant, to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.

      9.   The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.

      10.   The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.

      11.   All Class I Type A and Class II Types A and B group homes are required to be registered annually with the Building Department. Registration shall terminate at the expiration of one year from the date of issuance. There shall be no charge for said registration. However, such group home shall provide to the Department the following information:

         a.   The person or persons on-site in charge of said building;

         b.   The telephone number of said person or persons in charge; and

         c.   The total number of persons intended to occupy the building.

      12.   Any change in status of a group home (i.e. change in use from a group home to any other use) must be reported immediately to the Building Department.

   C.   Zoning of Group Homes.

   Group homes shall be conditionally permitted uses as follows:

      1.   Class I Type A: R-MHL and R-MHH Districts;

      2.   Class I Type B: Permitted by right in all residential districts;

      3.   Class II Type A: R-MHL and R-MHH Districts; and

      4.   Class II Type B: R-MHL and R-MHH Districts.

   D.   Variance to Distancing Requirement.

   The Board of Zoning Appeals may grant a variance with respect to the distancing requirement contained in paragraph B.5. hereof if the applicant clearly demonstrates that the proposed location has unique advantages with respect to proximity to employment opportunities, social services, public transportation or similar amenities.

   E.   Uniformity With Respect to Granting of Conditional Use Permits.

   The granting of conditional use permits for the establishment of group homes shall be uniformly and equitably done, irrespective of considerations beyond the scope of these regulations.

(Ord. 98-176. Passed 8-3-98.)

   It is the intent of this section to allow home occupations in residential structures as an accessory use compatible with the residential character of the district, subject to the following conditions:

   A.   The external appearance of the structure in which the use is conducted shall not be altered.

   B.   No internal or external structural alterations, construction, or reconstruction of the premises to accommodate the use of said occupation shall be permitted.

   C.   There shall be no visible outside storage of any kind related to the home occupation use. Furthermore, no display of products shall be visible form the street.

   D.   Not more than one (1) room of the dwelling unit shall be devoted to the home occupation use.

   E.   No equipment, processes, materials or chemicals shall be used which may create noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances which are detectable outside of the dwelling unit from which the home occupation is located.

   F.   Traffic and parking generated by a home occupation shall not be more than that generated by a single household.

   G.   No persons other than the residents of the premises shall participate in the home occupation.

   H.   Home occupations shall involve not more than one (1) receiver of such services at any one time with the exception of certified or uncertified Type B Family Day Care Homes, which constitute a residential use and not an accessory use.

   I.   Signage identifying the home occupation shall be limited to one sign no larger than four (4) square feet per face and be non-illuminated and shall be attached to the building. There shall be no other temporary or special sale signage related to the home occupations on the premises.

      The burden of proof that a home occupation complies with the limitations set forth herein shall be on the person or persons involved in such home occupation.

(Ord. 98-176. Passed 8-3-98; Ord. 2014-111. Passed 11-3-14.)

(EDITOR'S NOTE: Section 1137.12 was repealed by Ordinance 2007-39, passed May 7, 2007.)

   The parking of recreational vehicles in residential districts shall be subject to the following regulations:

   A.   Camping and recreational vehicles may be connected to electric only. At no time shall said vehicles be used for living or housekeeping purposes while located on the residential premises. Said equipment shall have current licenses.

   B.   If the camping or recreational vehicle is parked outside of a garage, it shall be parked no less than ten (10) feet from the front property line, and no less than three (3) feet from any other property line.

   C.   The number of recreational vehicles parked outside any enclosed structure shall be limited to two (2), with not more than one (1) located in the front yard.

   D.   Recreational vehicles shall be parked on a fully improved or legally nonconforming driveway in a front, rear or side yard, or on paver-bricks or similar material in a side or rear yard.

(Ord. 98-176. Passed 8-3-98.)

   Screening or buffering shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential district, in addition to setback and yard requirements provided elsewhere in this Code. The following provisions shall apply with respect to screening.

   A.   Screening shall be provided for one or more of the following purposes:

      1.   A visual barrier to partially or completely obstruct the view of structures or activities.

      2.   An acoustic screen to aid in absorbing or deflecting noise.

      3.   A physical barrier to contain debris and litter.

   B.   Screening may consist of one (1) or a combination of the following materials:

      1.   A solid masonry wall.

      2.   A solidly constructed decorative fence.

      3.   A louvered fence.

      4.   Dense vegetation.

      5.   A landscaped mound.

   C.   Height of screening shall be in accordance with the following:

      1.   Visual screening walls, fences, plants, or mounds shall be a minimum of five and a half (5-1/2) feet in height in order to accomplish the desired screening effect, except in required front yards where the maximum height shall not be greater than four (4) feet. Plantings shall be a minimum of four (4) feet in height at the time of planting. Fencing requirements shall be in accordance with Section 1137.15.

      2.   Dense plants with a minimum height of four (4) feet at planting and a mature height of at least five and a half (5-1/2) feet or greater, or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent lands zoned for residential uses, except for the portion of such boundary located within a required front yard.

   D.   Buffering to absorb or deflect noise shall have a depth of at least fifteen (15) feet of dense plants or a solid masonry wall in combination with plants. The height shall be adequate to absorb noise such that a level of sixty-five (65) decibels or less is attained at the property line on the side of the fence opposite the subject property.

   E.   Whenever screening is required adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.

   F.   All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

   G.   Any screening and buffering required under the provisions of this Code shall be provided at the time of the site improvements by the developer or property owner making the site improvements.

(Ord. 98-176. Passed 8-3-98.)

   A.   Definition.

   As used in this chapter, "a fence, wall or a hedge" means a structure or a continuous barrier erected around or by the side of any open space to prevent passage or for protection. A fence or wall may be solid or open and may be constructed of masonry, metal, wood or any other material securely fastened to the ground. A hedge or other natural plant species which has been planted to form a continuous barrier to prevent passage or for protection shall be considered a fence for the purpose of this chapter.

   B.   Commercial and Industrial Fences.

   Wherever in these Codified Ordinances commercial or industrial fences are required, or when such fences are voluntarily installed, the following requirements shall be observed:

      1.   Such fences may be topped with barbed wire placed on a forty-five (45) degree angle-arm away from the side of the fence that fronts a property line, public sidewalk or public right-of-way. A V-type arm carrying barbed wire shall be prohibited along a public sidewalk or public right-of-way.

      2.   Fences enclosing junk yards, as defined in Section 1125.45, shall be a barrier of at least six (6) feet in height, constructed of nontransparent material and maintained to obscure junk and all items from ordinary view of passersby upon State, County, Municipal and Township highways, roads and streets. The fence shall be properly constructed in a workmanlike manner and maintained in good order and repair. No advertising shall be permitted on such fence, other than the name of the person under whose name the facility is operated and the nature of the business conducted therein.

      3.   No fence shall be entirely constructed of barbed wire, be in any way electrified or be topped with broken glass, spikes or other sharp-edged materials.

      4.   No fence, gates, doors and other obstructions shall swing across public sidewalks or a public right-of-way.

      5.   Fences placed around public buildings, parks and playgrounds shall be exempt from the above fence requirements, except that no barbed wire is permitted and that, where a chain link fence is used, the upper remaining link shall be made smooth so as not to cause injury.

      6.   All fences shall be erected to withstand the wind load as specified in the Ohio Basic Building Code, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.

      7.   Commercial and industrial fences shall not exceed eight (8) feet in height.

   C.   All Other Fences.

      1.   A front yard fence is a fence which is located within the required front yard. A front yard fence shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area. The open space so formed shall be evenly distributed (i.e.: chain link; picket with 2" board, 2" opening; etc.).

         a.   Exception 1. Fences formed of a natural plant species may be compact throughout.

         b.   Exception 2. If the main dwelling on the property in question or the property on either side of it extends into the required front yard, any fence which is located within the greatest distance from the public right of way to the foundation of the main dwelling on the property in question or on the property on either side of it shall be no more than four (4) in height and shall be open for at least fifty percent (50%) of its projected area.

      2.   Side yard and rear yard fences shall not be higher than six (6) feet.

   Exception: A fence erected on a corner lot in either a side yard or a rear yard that abuts the front yard of any adjacent property shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area.

(Ord. 99-81. Passed 5-3-99.)

      3.   A fence along or near a front property line shall be a minimum of six (6) inches from the property line or shall be a minimum of eighteen (18) inches from any public sidewalk, whichever is greater.

      4.   Fencing shall not be topped with sharp points such as may result in bodily injury and no fencing shall be of barbed wire. If a natural plant species is used as a fence and the plant species used has briars, prickers, thorns or any other foliage which can scratch, injure or harm a person or animal, the owner of such natural plant species used as a fence shall keep it trimmed.

      5.   Retaining walls which measure more than three (3) feet above the lowest grade level they are proposed to serve shall be protected by a fence not less than four (4) feet high, except that such fence need not be more than three (3) feet high when the retaining wall extends beyond the building line.

      6.   All fences shall be erected to withstand the wind load as specified in the Ohio Basic Building Code, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.

      7.   The height of fences shall be measured from a point not to exceed four (4) inches above the finished grade line or natural contour of the ground. Fences shall follow the contour of the ground as far as is practical.

      8.   Where solid fences are erected and where a water drainage situation occurs, such problem shall be disposed of by placing adequate outlets at the bottom of the fence to eliminate possible accumulation of stagnant water and other undesirable conditions.

      9.   Fence gates, doors and other obstructions shall not swing across public sidewalks or a public right-of-way.

   D.   Advertising.

   No advertising or posting of bills shall be allowed on any fence.

   E.   Permits; Fees.

   A permit shall be obtained from the Building Inspector before erecting, constructing, altering, installing or repairing any fence. Before such permit is issued, the applicant shall pay the appropriate fee as provided in Section 109.13 of the Administrative Code.

(Ord. 98-176. Passed 8-3-98.)

   The following regulations shall apply to outdoor bulk storage or display:

   The outdoor storage or display of bulk goods, including seasonal items such as firewood and mulch, shall be regulated by the following standards:

   A.   The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.

   B.   The outdoor storage or display of merchandise, inventory or materials shall not be located in any required front yard area.

   C.   The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.

   D.   Outdoor storage areas shall be fully screened with an opaque fence or wall not to exceed six (6) feet in height.

(Ord. 98-176. Passed 8-3-98.)

   The following requirements shall apply to all dumpsters, trash collection areas and related service entrances:

   A.   Setbacks.

   Each dumpster, trash collection area and related screening shall be located in compliance with the same minimum setbacks as an accessory structure as determined by the zoning district in which such structure is located.

   B.   Screening.

   Any dumpster or trash collection area shall be enclosed by a solid or decorative wall or solid fence of at least seven (7) feet high to completely enclose the containers from the top to the bottom if such area is not within an enclosed building or structure. Such solid wall or fence shall be situated so as to screen the view of the collection area from adjacent streets and property. Gates shall be provided at the enclosures open side and be constructed of solid material.

(Ord. 98-176. Passed 8-3-98.)

   C.   Surface.

   Any dumpster or trash collection area in a zoning district requiring paved parking or driveway areas shall be located wholly on a paved surface, including any access leading to such area, such that vehicles entering and exiting the area to dispose of refuse or empty the refuse containers will not damage the accessway.

(Ord. 2000-255. Passed 12-18-00.)

   D.   Amortization of Dumpsters and Trash Collection Areas.

   Any existing dumpster, trash collection area and related service entrances located in a residential district shall fully conform to the provisions of this chapter within one (1) year from the date of adoption of this Zoning Code.

(Ord. 98-176. Passed 8-3-98; Ord. 2010-158. Passed 11-15-10.)