Grandview Heights City Zoning Code
CHAPTER 1153
Development Requirements Applicable to All Zoning Districts
1153.01 CONFORMANCE REQUIRED.
Except as otherwise provided in this Zoning Ordinance:
(a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
(b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
(c) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
(d) The density and yard regulations of this Zoning Ordinance are minimum regulations for each building existing at the effective date of this Zoning Ordinance and for any building hereafter erected or structurally altered. No land required for yards or other open spaces about an existing building or any building hereafter erected or structurally altered shall be considered a yard or lot area for more than one building.
(e) Every building hereafter erected or structurally altered shall be located on a lot as defined in this Zoning Ordinance and in no case shall there be more than one main building on a lot except as otherwise provided in this Zoning Ordinance.
(f) No building shall be erected or structurally altered to the extent specifically provided in this Zoning Ordinance except in conformity with the off-street parking and loading regulations of this Zoning Ordinance.
(g) Cooperatives, condominiums, and all other forms of property ownership do not affect the provisions of this Zoning Ordinance and all requirements shall be observed as though the property were under single ownership.
(h) Only those uses specified as permissive uses shall be permitted in a district. Conditional uses are specific uses which require the approval of the Planning Commission.
(i) Home occupations as defined in this Zoning Ordinance are permitted in all residential districts.
(Ord. 98-13. Passed 9-8-98.)
(j) All development and redevelopment shall, to the extent practical, be guided by the principles contained in the Grandview Heights Design Guidelines, as posted on June 24, 2009 on the City of Grandview Heights website or available upon request from the City’s Building Department.
(Ord. 2011-13. Passed 7-18-11.)
1153.02 ACCESSORY BUILDINGS AND USES.
With the exception of accessory uses or structures associated with permitted schools whose requirements shall be determined by the Planning Commission, an accessory use or structure shall only be permitted in association with a principal use or structure within the City when the following requirements are met:
(a) It shall be fifty percent (50%) or less of the area of the foundation of the principal use or structure. No accessory structure shall exceed 900 square feet. An accessory structure of up to 576 square feet is allowable if the area of the foundation of the principal use or structure is less than 1,152 square feet. The provisions in this subsection shall not apply to RPU Districts.
(b) It shall not contain or be used as a dwelling unit.
(c) It shall not exceed fifteen feet in height, except in RPU Districts when authorized by Council. For a garage, the height is defined as the distance from the grade to the midpoint of the slope of the roof.
(d) It shall meet all yard requirements of the principal use except as specified in this Zoning Ordinance.
(e) Accessory structures and uses shall be permitted in the rear yard but shall be at least three feet from all property and right-of-way lines, provided that ample yard space is left open for the entrance and use of fire protection equipment. Detached garages shall not be located less than ten feet from a principal structure. (Ord. 01- 10. Passed 6-4-01.)
(f) In the RS, RD, RA, and RPU Districts, accessory structure and uses are limited to: tennis court, basketball court, playground structures, hot tub, gazebo, swimming pool, garden house, garage, carport, pergola, barbecue oven, fireplace, ground level patio, detached ground level deck, greenhouse and similar uses customarily accessory to residential uses.
(Ord. 2012-01. Passed 1-17-12.)
(g) In the commercial and industrial districts there may also be:
(2) Use of not to exceed forty percent (40%) of the floor area of a building for incidental storage or light industrial activity.
(h) There shall be the following additional regulations for accessory buildings:
(1) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools and equipment by a contractor during building construction.
(2) No accessory building may be erected in front of a main building unless the accessory building is attached to the main building by a common wall.
(Ord. 01-10. Passed 6-4-01.)
(Ord. 01-10. Passed 6-4-01.)
1153.03 NONCONFORMING USES.
(a) Nonconforming Use of Land. Where open land is being used as a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of passage of this section. During the two-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period or, if such building is constructed so as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses.
(b) Nonconforming Use of Buildings. Except as otherwise provided herein, the lawful use of a building existing at the effective date of this section may be continued although such use does not conform to the provisions hereof. If no significant structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this section.
(c) Discontinuance of Nonconforming Uses. No land, building, or portion thereof used in whole or in part for a nonconforming use in a residential or commercial district, which remains idle or unused for a continuous period of 180 days, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential or commercial district in which it is located.
(d) Nonconforming Advertising Signs. All advertising signs in violation of the provisions of this section shall be brought into conformity with all requirements of this section.
(e) Conditional Uses Not Conforming. Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement, or extension.
(f) Intermittent Use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(g) Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of such Board.
(h) Nonconforming Uses Not Validated. An illegal nonconforming use under the terms of the ordinance which this Zoning Ordinance repeals shall not automatically become a legal nonconforming use by the adoption of this Zoning Ordinance.
(Ord. 98-13. Passed 9-8-98.)
1153.04 SATELLITE EARTH STATIONS.
Satellite Earth Stations shall be no more than one meter in diameter when located in residential areas and no more than two meters when located in a non-residential area, and may not be located in a front yard or on a front facing roof slope.
(Ord. 2012-01. Passed 1-17-12.)
1153.05 RESERVED.
EDITOR’S NOTE: This section is reserved for future legislation.
1153.06 DISCONTINUED USES; ABANDONED LOTS AND BUILDINGS.
(a) Any principal use or building, where the use is discontinued for any period of time, shall be securely locked to prevent the entrance of unauthorized persons and shall be maintained as may be necessary to prevent the building or structure from deteriorating into a state of disrepair; the grounds shall be manicured and kept free of weeds and rubbish. If the use is to be discontinued for a period of ninety days or more, any outdoor facilities or special equipment shall be removed, enclosed or otherwise cared for in a manner protecting the public interest. Use of a lot for parking or similar purposes, without a special permit from the Board of Zoning Appeals, shall be deemed a new principal use and shall be subject to all regulations of this Zoning Ordinance.
(b) Determination and Effect of Abandonment.
(1) It is hereby found and declared that every building which may be abandoned, in the manner provided herein, is likely to constitute a public nuisance, by reason of the deterioration of the structures and grounds resulting from a lack of maintenance and supervision, and which conditions cause a blighting influence on nearby properties and depreciate the neighborhood to such an extent as to be harmful to the public health, safety, welfare and morals. An abandoned building or lot is defined as one which has been unoccupied for any six months in any twelve month period and for which maintenance and supervision has not been performed.
(2) Whenever the Mayor or his authorized representative finds, upon investigation, a building or lot which appears to have been abandoned, he shall hold a hearing on the question of abandonment. A notice of the date of such hearing shall be sent to the owner of the property in question at least fifteen days before the hearing date.
(3) The Mayor shall cause photographs for such building and grounds to be made and to be kept on file in the office of the Director of Building and Zoning, together with a written report of the findings of the aforesaid hearing.
(4) Within seven days after such hearing, the Mayor shall cause a written notice to be served on the owner stating his determination as to whether the building or lot has been abandoned. Said notice shall state that unless the owner shall cause the building and other improvements and the grounds on which the same are located to be properly maintained, the City will cause such work to be done.
(5) In the event of the failure of the owner to immediately provide such maintenance or other work required by these Codified Ordinances, the Mayor shall cause such work to be done and shall bill the cost thereof to the owner, and if the same is not paid within a reasonable period of time, the Mayor shall cause such cost to be levied as an assessment or he may commence a civil action for the recovery thereof.
(6) The notices above provided for shall be served either personally or by leaving a copy at the usual place of resident or by mailing a copy by United States Certified Mail with return receipt requested to such owner at this usual place of residence. If the service of said written notice is not perfected by any of the said methods, the Mayor shall cause such notice to be published in a newspaper of general circulation in the City of Grandview Heights once each week for two consecutive weeks, and shall further cause a copy of the notice to be posted on the premises.
(7) The owner may, within ten days after completion of the service of said notice of the findings of the hearing, appeal to the City Council the determination that the building has been abandoned. Council shall give the Appellant at least five days written notice of the date fixed for such hearing, and shall give Appellant written notice of its decision on such appeal. (Ord. 98-13. Passed 9-8-98; Ord. 2012-01. Passed 1-17-12.)
1153.07 RULES FOR COMPUTING PARKING SPACES.
In computing the number of required off-street parking spaces, the following rules shall apply:
(a) Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined.
(b) Where fractional spaces result, the parking spaces required shall be the nearest whole number.
(c) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(d) Whenever a building or use constructed or established after the effective date of this section, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this section is reconstructed, changed, or enlarged to the extent of twenty percent (20%) or more in floor area, such building or use in its entirety shall then thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than twenty percent (20%) of the gross floor area shall be provided with parking based on the enlargement or change.
(Ord. 98-13. Passed 9-8-98; Ord. 2012-01. Passed 1-17-12.)
1153.08 MINIMUM PARKING LOT IMPROVEMENT & MAINTENANCE STANDARDS.
Parking lots and storage garages shall conform with the following improvement and maintenance standards:
(a) Such lot shall be surfaced either with concrete not less than six inches in thickness or with bituminous surface of not less than two inches in depth on top of a compacted, crushed stone base not less than six inches in depth, or with any surfacing adjudged by the City Engineer to be equal or superior to either or these types.
(b) Provision shall be made for the disposal of storm water so that such water shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk.
(c) A structurally sound wall or other protective device approved by the City Engineer to ensure safety shall be installed around each side of the parking lot wherever such lot adjoins a public street, sidewalk, or alley. An adequate retaining wall shall be installed wherever necessary to prevent the washing of soil to and from adjoining property and a wall.
(d) The location and width of entrances and exits to and from the lot or garage shall be as determined by the City Engineer, but there shall not be more than one entrance and one exit, or one combined entrance or exit, along any one street unless same is deemed necessary for the alleviation of traffic congestion and interference of traffic movement along such street.
(e) The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surfacing, where required by the City Engineer.
(f) Whenever a parking area extends to a lot line, street curb, sidewalk, planter strip, or building, a wheel stop device consisting of blocks, a permanent curb, expanded sidewalk, or other suitable restraint shall be installed to prevent any part of a parked motor vehicle from extending beyond the property line, overhanging a pedestrian walkway or sidewalk, or damaging any building, structure or landscaping.
(g) A sign, the size and character of which shall be approved by the Director of Building and Zoning, shall be installed showing the ownership of the lot or garage and the permitted use thereof. If the lot or garage is so operated that a charge is made for the use of the parking facilities, the rates for parking shall be legibly shown upon the sign.
(h) Any person operating a parking lot or garage shall either:
(1) File with the City a bond in such form as may be prescribed by the City Attorney and in such amount as required by the Director of Building and Zoning which shall be surety for any judgment for damages rendered against the operator of the parking lot, resulting to person or property, when incurred while using the parking lot; or,
(2) Carry public liability insurance in such amount as may be required by the Director of Building and Zoning.
(i) Parking spaces shall be constructed of either impervious material such as macadam, asphalt, asphaltic concrete or paving brick, or pervious material such as marble chips or loose gravel, to a minimum depth of four inches. However, any repair or partial replacement of parking spaces constructed of impervious materials must be completed with the same or similar impervious material.
(j) Parking spaces shall be maintained free of weeds and other debris.
(k) When a parking space is constructed of pervious material such as loose gravel or marble chips, a border made of material sufficient to clearly define the parking space from the adjacent lawn area or an adjacent property shall exist at all times. Such border shall also prevent the spread of parking space materials to adjacent lawn areas or property and vice versa. The border material shall be subject to the approval of the Director of Building and Zoning.
(l) No person shall park or stand a vehicle, except a bicycle, in a front, side, or rear yard unless a parking space or driveway is constructed and maintained in accordance with this section.
(m) Adjacent street and alley surfaces shall be kept free of parking space construction materials.
(n) Any parking lot or parking space not in conformity with the regulations of this section is hereby declared to be a nuisance and therefore immediately becomes unlawful, even if such use existed prior to this section.
(Ord. 98-13. Passed 9-8-98; Ord. 2012-01. Passed 1-17-12.)