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Glenwillow City Zoning Code

CHAPTER 1135

Single-Family Residential Districts

1135.01 INTENT.

   Single-Family Residential Districts (Country Home and Residential Village Center) and their regulations are established in order to achieve, among others, the following purposes:
   (a)   To preserve and protect the scenic beauty, the ecology and semi-rural character of the Village for the benefit of its citizens.
   (b)   To regulate the bulk and location of dwellings, accessory buildings, and other structures on each lot;
   (c)   To protect the desirable characteristics and promote the stability of existing residential development;
   (d)   To promote the most desirable and beneficial use of the land in accordance with the objectives and goals of the Village of Glenwillow;
   (e)   To protect and preserve the value, appearance and use of property through the preservation of historic character consistent with the development of the Village;
   (f)   To protect and provide adequate open spaces and to insure adequate ground areas from which to obtain adequate water supply and for the safe and healthful disposal of waste; and,
   (g)   To maintain a living unit density consistent with existing Village development patterns.
(Ord. 2016-07-24. Passed 8-3-16.)

1135.02 PERMITTED USES.

   (a)   Permitted Use Table Summary. Table 1135.02 sets forth the uses allowed in residential districts. The abbreviations used in the table are described as follows:
      (1)   Uses Permitted By Right. A "P" in a cell indicates that the use is allowed by-right as a principal use in the respective district provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met;
      (2)   Conditional Uses. A "C" in a cell indicates that the use is regulated as a conditional use. The use may be permitted in the respective district if approved through the conditional use review process in compliance with Chapter 1117, provided that all requirements of other Village ordinances and this Planning and Zoning Code have been met.
      (3)   Accessory Uses. An "A" in a cell indicates that the use is a permitted accessory use, provided it is clearly incidental and subordinate to a permitted principal or conditional use listed in Table 1135.02 and that the requirements of all other Village ordinances and this Planning and Zoning Code have been met.
      (4)   Uses Not Permitted.
         A.   A "NP" in a cell indicates that a use is not permitted in the respective district.
         B.   Any use not specifically listed in Table 1135.02 shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1121 or approval as a similar use as provided in Section 1117.11.
   (b)   Compliance with Standards. Although a use may be indicated as a permitted use in a particular district, it shall not be approved on a lot unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and lot in question, including but not limited to any supplemental use-specific standards referenced in Table 1135.02.
   (c)   Table 1135.02 Permitted Use Table.
Table 1135.02 Residential Districts Permitted Use Tables
Zoning Districts
Use-Specific Standards
See Section:
Country Home
Village Center Residential
(1)   Residential
A.   Single-Family Dwellings
P
P
B.   Adult family homes or small residential facilities
P
P
(2)   Village government facility, including buildings, structures and grounds
P
P
(3)   Agriculture, limited to the raising of fruits, vegetables, or nursery stock(i)
P
NP
(4)   Public parks and playgrounds owned or operated by the Village
P
P
(5)   Private Recreational Development
C
NP
(6)   Accessory Uses
A.   Accessory building not used for storage of motor vehicles
A
A
B.   Accessory structures
A
A
C.   Agriculture, limited to the raising of fruits, vegetables, or nursery stock(i)
A
NP
D.   Family day care
A
A
E.   Garage
A
A
F.   Home occupation
A
A
G.   Keeping/raising small livestock
A
NP
H.   Keeping/raising hoofed animals
CA
NP
I.   Ponds and lakes
CA
NP
J.   Roadside Stand
CA
NP
(i) Agriculture shall be permitted as a principal use on any parcel of land provided the land owner resides on the same lot as the agricultural use and is the person carrying out the agriculture function.
P = Permitted by right C = Conditional A= Accessory NP = Use not permitted in district
(Ord. 2016-07-24. Passed 8-3-16.)

1135.03 LOT REQUIREMENTS.

   (a)   Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Table 1135.03, for the district in which the lot is located, except as otherwise regulated in this Code.
      (1)   The width of a corner lot shall be sufficient to comply with the side yard requirements.
      (2)   On curved streets and cul-de-sac streets, the arc of the front lot line shall be not less than sixty percent (60%) of the required lot width.
         (Ord. 2016-07-24. Passed 8-3-16.)
   (b)   Table 1135.03 Residential Districts Lot Requirements
 
Table 1135.03 Residential Districts Lot Requirements
                  
Country Home
Village Center Residential
(1)   Minimum lot area
40,000 sq ft
6,000 sq ft
(2)   Minimum lot width at building setback line for a corner lot
125 ft
70 ft
(3)   Minimum lot width at building setback line for lots other than corner lots
125 ft
60 ft
(4) Average lot width minimum
125 ft.
60 ft.
sq ft = square feet ft = feet
(Ord. 2020-01-02. Passed 2-19-20.)

1135.04 YARD REQUIREMENTS.

   Principal buildings shall be located on a lot in a manner that maintains the minimum front, side and rear yards set forth in this section for the district in which the lot is located.
   (a)   Front Yard. Each lot shall maintain a front yard as specified in Table 1135.04, except that in the Village Center Residential District, the door to an attached garage shall be setback not less than twenty-five (25) feet from the right of way of any abutting public right-of-way street.
   (b)   Side Yards. Table 1135.04 sets forth the minimum width of any one side yard.
      (1)   Each interior and through lot shall have and maintain two side yards.
      (2)   In the case of a corner lot, the side yard on the street side shall not be less in width than the front yard requirement.
   (c)   Rear Yards. Each lot shall maintain a rear yard as specified in Table 1135.04.
   (d)   Table 1135.04 Residential Districts Yard Requirements:
Table 1135.04 Residential Districts Yard Requirements
Country Home
Village Center Residential
Table 1135.04 Residential Districts Yard Requirements
Country Home
Village Center Residential
(1)   Minimum Front Yard depth
75 ft
20 ft
(2)   Minimum Side Yard width
A.   Minimum for one side
20 ft
5 ft
B.   Minimum total for both
40 ft
15 ft
(3)   Minimum Rear Yard depth
50 ft
30 ft
ft = feet
   (e)   Projections into Required Yards.
      (1)   Structural Projections. A structural projection is a feature of a building that extends outside the enclosing walls as an integral and functional part of the plane, thus providing form and interest to the exterior design, and connections and protection to exterior spaces. Projections shall, however, be designed and constructed so as not to substantially interfere with the reception of sun, light, and air and the use of adjoining lots.
      (2)   Permitted Structural Projections Into Required Yards. No portion of any building may project into the setbacks established in Table 1135.04, except that:
         A.   Cornices, belt courses, entrance canopies and similar overhanging roofed spaces, chimneys, porticos, and bays may project not more than three (3) feet into such setbacks.
         B.   Uncovered steps may project not more than five (5) feet into such setbacks.
         C.   Poles for the sole use of display of flags shall be allowed in the Front Yard.
      (3)   Provided that in the Residential Village Center District, all such projection shall be not less than four (4) feet from the property line.
         (Ord. 2016-07-24. Passed 8-3-16.)

1135.05 HEIGHT REGULATIONS.

   (a)   No principal building shall exceed two and one half (2½) stories or thirty-five (35) feet from the finish grade in front of the building.
   (b)   Chimneys, radio antennas and television antennas located on and constituted as an integral part of a principal building may be erected to a height not to exceed fifty (50) feet.
   (c)   There shall be no height limitations for public buildings in any use district.
(Ord. 2016-07-24. Passed 8-3-16.)
 

1135.06 DWELLING UNIT REQUIREMENTS.

   In order to promote healthful living conditions and to stabilize the value and character of residential areas, single-family dwelling units shall be erected and maintained only in accordance with the minimum floor area requirements set forth in this Section.
   (a)   Each single family dwelling shall have at least one story wholly above finished grade.
   (b)   Minimum Floor Area. Each single family dwelling shall have a minimum floor area of living space measured from the exterior walls of the dwelling and exclusive of open porches, breezeway, attached garage, or carport in conformity with the minimum requirements indicated in Table 1135.06.
   (c)   Table 1135.06 Dwelling Unit Floor Area Requirements.
 
 
Table 1135.06 Dwelling Unit Floor Area Requirements
Country Home
Village Center Residential
(1)   One story dwellings
2,000 sq ft
1,400 sq ft
(2)   One and one-half story dwellings
2,400 sq ft
1,500 sq ft
(3)   Two story dwellings
2,400 sq ft
1,600 sq ft
(4)   Split Level
2,500 sq ft
1,600 sq ft
sq ft = square feet
(Ord. 2016-07-24. Passed 8-3-16.)

1135.07 STANDARDS FOR ACCESSORY BUILDINGS AND STRUCTURES.

   Accessory uses, buildings and structures permitted in residential districts shall conform to the location, coverage, and maintenance standards contained in this Section and only to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.
   (a)   No accessory building or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Planning and Zoning Code.
   (b)   Maximum Number and Size of Garages and Accessory Buildings Per Lot.
      (1)   Garage Requirements.
         A.   Each new single-family dwelling shall be constructed with an attached garage, the size of which shall not exceed 660 square feet.
         B.   Single-family dwellings constructed prior to 2015 and having a detached garage may continue to have a detached garage, which shall comply with the maximum area and height regulations in Table 1135.07(b).
         C.   There shall be not more than one garage permitted per single-family lot.
      (2)   A maximum of one accessory building that is not used for the storage of motor vehicles shall be permitted per single-family lot and such accessory building shall comply with the maximum area and height regulations in Table 1135.07(b).
 
 
Table 1135.07(b)
Country Home
Village Center Residential
Maximum Area
Maximum Height
Maximum Area
Maximum Height
(1) Detached Garage
660 sq ft
18 feet
Not Permitted
Not Permitted
(2) Accessory Building, not used for the storage of motor vehicles
1% of lot area, not to exceed 600 sq ft
18 feet
80 sq ft
8 feet
   (c)   Location Requirements for Accessory Structures.
      (1)   An accessory building that is attached to the principal building (including attached by a breezeway) shall be made structurally a part thereof and shall be subject to the minimum setback requirements of Section 1135.04.
      (2)   An accessory building or structure permitted in a Country Home District shall be located as set forth in Table 1135.07(c). However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.
Table 1135.07 (c)
Permitted Accessory Structures In Front, Side And Rear Yards In Country Home Districts
Structure
Yards Permitted
Minimum Setback From Lot Line
Front
Side
Rear
(a)   Detached garage
S, R
NP
20 feet
40 feet
(b)   Accessory buildings
S, R
NP
20 feet
20 feet
(c)   Driveways
F, S, R
NA
3 feet
3 feet
(d)   Fences, walls (see also Section 1135.11)
F, S, R
0
0
0
(e)   Private swimming pools (see also Section 1135.11)
R
NP
20 feet
20 feet
(f)   Other accessory structures such as but not limited to decks, play structures, tennis courts, etc.
R
NP
20 feet
20 feet
(g)   Outdoor parking or storage of recreation vehicles/equipment
S, R
NP
3 feet
3 feet
(h)   Ponds and Lakes
F, S, R
See Chapter 1147
(i)   Signs
F
See Chapter 1157
(j)   Outdoor lighting
F, S, R
See Chapter 1159
Notes to Schedule 1135.07(c):
NA   Not Applicable
NP   Not Permitted
F=front; S=side; R=rear
      (3)   An accessory building or structure permitted in the Village Center Residential District shall be located as follows:
         A.   Decks, patios and play structures shall not be located in any required front or side yard or within five (5) feet of the rear lot line.
         B.   An accessory building shall not be located within any required front or side yard or within five (5) feet of the rear property line of the lot.
            (Ord. 2016-07-24. Passed 8-3-16.)

1135.08 PARKING AND DRIVEWAY REGULATIONS.

   In addition to location requirements set forth in Section 1135.07, driveways and open, off-street parking areas in residential districts shall comply with the following:
   (a)   All motor vehicles shall be parked on a driveway or parked or stored in a garage.
   (b)   Driveways shall be a minimum of ten (10) feet wide and shall extend from the pavement of the street upon which the lot fronts to the garage associated with the residence.
   (c)   There shall be no more than one driveway exiting to the street on any residential lot.
   (d)   Driveways for single-family dwellings constructed after 2015 shall be paved in compliance with the provisions set forth in Section 1155.11.
   (e)   Driveways may be used for the following purposes:
      (1)   The parking of passenger cars owned by the occupants of the dwelling and their visitors.
      (2)   The parking of one commercial vehicle not exceeding seven (7) feet in height nor having more than one and one half (1½) ton capacity as specified by the manufacturer, that is used in connection with said occupant's livelihood, except that larger trucks may momentarily park in a driveway for emergencies and making deliveries. This provision does not include construction equipment or landscaping equipment, or trailers to haul such equipment.
      (3)   The parking or storage of recreational vehicles in compliance with Section 1135.08(f).
   (f)   Parking or Storage of Recreational Vehicles and Similar Apparatus. Any recreational vehicle, camper, or boat, on or off wheels or small utility trailer shall be either stored wholly within a garage or outdoors in compliance with the following regulations.
      (1)   In the Country Home District, not more than two (2) recreational vehicles or similar apparatus shall be stored outdoors. Outdoor storage shall be permitted only in the side or rear yard on a hard surface, such as gravel, asphalt or concrete, and shall be adequately screened from view from adjacent property.
      (2)   In the Village Center Residential District, storage of recreational vehicles, boats, commercial trucks, trailers, and construction equipment shall be prohibited except within enclosed garages.
      (3)   Recreational vehicles and similar apparatus shall not be used as a dwelling, office, or other business structure, or for storage of any material, and shall have no connections to any electric, telephone, water, sewer, gas, or fuel source.
      (4)   A recreational vehicle, camper, or boat may be parked in the front yard on the driveway for loading or unloading purposes for a period not to exceed forty-eight (48) hours in any seven (7)-day period.
      (5)   All recreational equipment shall be kept in good repair and carry a current year's license or registration.
    (g)   Parking or Storage of Inoperable Motor Vehicles. The outdoor parking of an inoperable or unlicensed motor vehicle on a paved or gravel surface in a residential district shall be permitted for a period not to exceed thirty (30) days. Such motor vehicle may be stored in an enclosed garage for an unlimited time. No repairs or dismantling shall be conducted in connection therewith while such vehicle is parked or stored inside the building. At no time shall vehicles be stored outdoors on blocks.
      (Ord. 2016-07-24. Passed 8-3-16.)

1135.09 REGULATIONS FOR HOME OCCUPATIONS.

   The regulations of this section dealing with home occupations are designed to protect and maintain the character of residential neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.
   (a)   A home occupation shall occupy not more than twenty-five percent (25%) of the floor area of the dwelling and shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.
      (1)   The home occupation shall be conducted entirely within the dwelling unit, garage or accessory building.
      (2)   The storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside the dwelling unit, garage or accessory building.
      (3)   There shall be no outdoor storage of equipment or materials used in the home occupation.
   (b)   No home occupation shall be carried on that will substantially change the residential character of the premises on which it is constructed and no alteration of the dwelling unit shall be made that changes the character and appearance of the structure.
   (c)   A person whose principal employment is outside of the home but who temporarily works out of a home office shall not be considered as operating a home occupation subject to these standards.
   (d)   No more than one (1) person other than members of the family residing on the premises shall be engaged in such home occupation.
   (e)   Only one vehicle used in connection with the home occupation shall be parked on the premises, in compliance with Section 1135.08. Any need for parking generated by the conduct of such home occupation shall be accommodated on the driveway.
   (f)   There shall be no display, nor stock in trade, nor commodities sold except those that are produced on the premises.
   (g)   An unlighted sign in compliance with Chapter 1157 may be displayed upon the premises of the person engaged in such home occupation.
   (h)   No equipment or process shall be permitted or used in such home occupation that creates a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference or other causes, or which is found unsafe by the Chief Building Official. No equipment or process shall be used that creates visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.
   (i)   No traffic shall be generated by such home occupation in greater volume than is normally expected for the residential neighborhood. Deliveries shall not exceed those normally and reasonably occurring from a residence and shall not require vehicles other than those customarily used for residential package delivery.
   (j)   In no instance is an auto repair business, shop, or use permitted in any residential zoning district.
   (k)   A zoning certificate shall be obtained prior to the establishment of a home occupation.
      (Ord. 2016-07-24. Passed 8-3-16.)

1135.10 FAMILY DAY CARE HOME, TYPE "B".

   This zoning resolution recognizes that the availability of safe and affordable, good-quality child day care is important to the well-being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to ORC 5104.054, any type B family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where child care is provided for one (1) to six (6) children and where no more than three (3) children are under two (2) years of age. For the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate.
(Ord. 2016-07-24. Passed 8-3-16.)

1135.11 FENCES, WALLS, HEDGES.

   Fences, walls, and hedges shall comply with the regulations of this Section.
   (a)   Fences in the Country Home District shall comply with the following area and height restrictions:
      (1)   Ornamental fences that do not exceed four (4) feet in height are permitted in the front yard.
      (2)   Fences in a side and rear yard shall not exceed six (6) feet in height.
   (b)   Fences in the Village Center Residential District shall be permitted in the side and rear yard and shall not exceed four (4) feet in height. Fences shall not be permitted in the front yard.
   (c)   All such fences shall have uniform openings aggregating at least twenty-five percent (25%) of their surface area, except that the Planning Commission may permit fences serving as enclosures for swimming pools to be less than twenty-five percent (25%) open.
   (d)   The side of the fence closest to an adjacent property line and facing outward from the yard being fenced shall be the smooth finished side and all horizontal, diagonal or supporting members shall be on the interior side of the fence.
   (e)   A snow fence or fence of similar type may be erected or placed in any yard during the period from November to April for the sole purpose of preventing the drifting of snow on highways, driveways and sidewalks, but such fence shall not be used at any time as a temporary or permanent fence or enclosure.
   (f)   Barbed wire fences and electric fences shall not be allowed in residential districts, except that electrical fences may be permitted by the Planning Commission for a corral or other enclosure for keeping or raising animals.
    (g)   The provisions of this chapter shall not apply to the following type fences:
      (1)   Shrubbery fences so long as they are centered two (2) feet inside of the property line.
      (2)   Natural growth along property lines.
      (3)   Small ornamental lattice type fences attached to or adjoining a dwelling and forming a part of its decoration and landscaping.
   (h)   The construction of fences regulated in this section shall require the issuance of a zoning certificate.
(Ord. 2016-07-24. Passed 8-3-16.)
   (i)   Fencing shall be located entirely on the property for which the zoning certificate has been issued. Plan submittals shall be as follows:
      (1)   Along Abutting Properties.
         A.   The location of the property line shall have been determined and documented by a professional licensed surveyor, and the boundaries marked by pins or stakes; or
         B.   Applicant shall have provided to the Building Department (a) a written signed statement that the proposed barrier location has been marked on the site and that the proposed location is available for viewing by abutting neighbors for a period of ten (10) days, and (b) the abutting neighbors shall have been notified of the intent to construct the requested fence.
            (Ord. 2023-11-40. Passed 12-6-23.)

1135.12 HOUSEHOLD PETS.

   Household pets including, but not limited to, companion animals, dogs and cats shall be permitted in all zoning districts allowing for residential use provided that no more than four (4) animals of more than four (4) months of age are kept by the occupant of any residential unit. Kennels, boarding facilities and commercial activities are not allowed.
(Ord. 2016-07-24. Passed 8-3-16.)

1135.13 UTILITY REQUIREMENTS.

   (a)   Whenever a lot has access to a municipal water and sanitary sewer system, any construction of a new dwelling unit on the lot shall be required to connect to the public water supply and sanitary sewer.
   (b)   Whenever a lot does not have access to a municipal water system, no new dwelling unit shall be constructed unless reasonable provision is made for a dependable, potable water supply from a drilled well, cistern or spring, in accordance with the regulations of the Cuyahoga County, Ohio District Board of Health.
   (c)   Whenever a lot does not have access to a municipal sanitary sewer system, sewage shall be disposed of in a manner to prevent nuisance and prevent contamination of water supply, and discharged through a water-tight sewer into a treatment system constructed in accordance with the regulations of the Cuyahoga County, Ohio District Board of Health, and such construction shall be approved by such Board prior to occupancy of the premises.
(Ord. 2016-07-24. Passed 8-3-16.)