Grandview Heights City Zoning Code

CHAPTER 1155

Development Requirements Applicable to Residential Zoning Districts

1155.01 RS-1 RESIDENTIAL DISTRICT.

(a) Permissive Uses.

(1) Single-family dwelling.

(2) Public park or playground.
(Ord. 98-13. Passed 9-8-98.)

(3) Public elementary school, secondary school or private school having a curriculum equivalent to that of a public elementary or high school and having no rooms regularly used for housing or sleeping purposes, and provided that the word “school” as used in this connection shall not include vocational or trade schools. In addition, such permitted schools are allowed accessory uses and structures as normally related to school activities and as approved by the Planning Commission. In addition, ground signs, wall signs, and post signs may be allowed on school property subject to the approval of the Planning Commission and subject to other relevant signage restrictions as set forth in the Zoning Ordinance.
(Ord. 01-10. Passed 6-4-01.)

(4) Accessory uses and structures in association with permitted dwellings.

(5) “Type B” family day-care home as defined in Ohio R. C. 5104.01.

(6) Recycling drop-off station, provided it shall be located at a government center, not occupy an area of more than 200 square feet, not interfere with parking requirements of the principal use, and be set back at least ten feet from any property line.

(Ord. 98-13. Passed 9-8-98.)

(b) Conditional Uses.

(1) Two-family dwelling, provided its location is where more than fifty percent (50%) of the existing buildings on the same side of the street between the nearest two intersecting streets are being used as two-family or two-family and multiple-family dwellings at the time the application for such conditional use is filed with the Planning Commission; and further provided that no dwelling located within this district shall be sublet or rented for a period of less than thirty consecutive days unless the dwelling is also simultaneously occupied by its occupants as defined in Chapter 1133.02 (131).

(2) Church or other place of worship.

(3) Public Library.

(4) Public building erected and/or owned by the City.

(5) Bed and Breakfast.

(6) Short-term rental for a period of less than thirty consecutive days so long as the dwelling is also simultaneously occupied by its occupants as defined in Section 1133.02 (132).

(Ord. 2020-08. Passed 6-15-20.)

(1) Minimum lot requirements.

A. Lot area: 10,000 square feet for non-corner lots; 13,500 square feet for corner lots.

B. Lot width: Sixty feet for non-corner lots; eighty feet for corner lots.

(2) Minimum yard requirements.

A. Side yard: For dwellings or associated accessory buildings there shall be a total side yard of twenty-five feet in width or more with a minimum of ten feet in width on each side.

B. Front yard: Minimum thirty feet or average of adjacent existing dwelling setbacks, as defined under “frontage” in Section 1133.02(45), whichever is greater.

C. Rear yard: For main buildings there shall be a minimum rear yard of twenty percent (20%) of the lot depth, but it need not exceed thirty feet.

(3) Maximum lot coverage shall be thirty-five percent (35%).

(4) Maximum height of principal building shall be two and one-half stories and shall not exceed thirty-five feet.

(Ord. 98-13. Passed 9-8-98.)

1155.02 RS-2 RESIDENTIAL DISTRICT.

(a) Permissive Uses. Any permissive use of the RS-1 Residential District.

(b) Conditional Uses. As listed herein, provided that no dwelling located within this district shall be used as a short-term rental for a period of less than thirty consecutive days unless occupied during the short-term rental period by its occupants as defined in Chapter 1133.02 (131).

(Ord. 2020-08. Passed 6-15-20.)

(2) Church or other place of worship.

(3) Public Library.

(4) Public building erected and/or owned by the City.

(5) Utility communication tower, provided it shall be located on governmental or school property of at least two acres, not interfere with parking requirements of the principal use, and be set back at least thirty feet from any adjacent residential property line.

(1) Minimum lot requirements.

A. Lot area: 6,000 square feet; 8,200 square feet for corner lots.

B. Lot width: Forty feet; sixty feet for corner lots.

(2) Minimum yard requirements.

A. Side Yard: For dwellings or associated accessory buildings there shall be a total side yard of twelve feet or more with a minimum of six feet in width on each side.

B. Front Yard: Minimum thirty feet or average of adjacent existing dwelling setbacks, as defined under “frontage” in Section 1133.02(45), whichever is greater.

C. Rear Yard: For main buildings there shall be a minimum rear yard of twenty percent of the lot depth, but it need not exceed thirty feet.

(3) Maximum lot coverage shall be forty percent (40%).

(4) Maximum height of principal building shall not exceed two and one-half stories or thirty-five feet.

(Ord. 98-13. Passed 9-8-98.)

1155.03 RD RESIDENTIAL DISTRICT.

(a) Permissive Uses.As listed herein, provided that no dwelling or dwelling unit located within this district shall be used as a short-term rental for a period of less than thirty consecutive days unless also occupied during the short-term rental period by its occupants (as defined in Section 1133.02 (131)). (Ord. 2020-08. Passed 6-15-20.)

(1) Any permissive use of the RS Districts.

(2) Two-family dwelling.

(b) Conditional Uses.

(1) Any conditional use of the RS-2 district, except utility communication towers.

(2) Nursing, residential care facility, hospice.

(3) Town house and three- or four-family dwelling where the area being developed is one-half acre in area or larger.

(1) Minimum lot requirements.

A. Lot area: 6,000 square feet and a minimum of 3,500 square feet per dwelling unit.

B. Lot width: Forty feet for single-family dwelling; sixty feet for two-family dwelling.

(2) Minimum yard requirements.

A. Side Yard: For dwellings or associated accessory buildings there shall be a total side yard of fifteen feet or more with a minimum of six feet in width on each side.

B. Front Yard: Minimum thirty feet or average of adjacent existing dwelling setbacks, as defined under “frontage” in Section 1133.02(45), whichever is greater.

C. Rear Yard: For main buildings there shall be a minimum rear yard of twenty percent (20%) of the lot depth, but it need not exceed thirty feet.

(3) Maximum lot coverage shall be thirty percent (30%).

(4) Maximum height of principal building shall be two and one-half stories and shall not exceed thirty-five feet.

(Ord. 98-13. Passed 9-8-98.)

1155.04 RA RESIDENTIAL DISTRICT.

(a) Permissive Uses.As listed herein, provided that no dwelling or dwelling unit located within this district shall be used as a short-term rental for a period of less than thirty consecutive days unless occupied during the short-term rental period by its occupants as defined in Section 1133.02 (131). (Ord. 2020-08. Passed 6-15-20.)

(1) Any permissive use of the RD District.

(2) Multi-family dwelling.

(b) Conditional Uses.

(1) Any conditional use of the RD District.

(1) Minimum lot requirements.

A. Lot Area: 6,000 square feet and a minimum of 3,500 square feet per dwelling unit.

B. Lot Width: Forty feet for a single-family dwelling; sixty feet for a two-family dwelling; sixty feet plus ten feet additional for every dwelling unit above two.

(2) Minimum yard requirements.

A. Side Yard: Ten feet on each side.

B. Front Yard: Minimum thirty feet or average of adjacent existing dwelling setbacks, as defined under “frontage” in Section 1133.02(45), whichever is greater.

C. Rear Yard: For main buildings there shall be a minimum rear yard of twenty percent (20%) of the lot depth, but it need not exceed thirty feet.

(3) Maximum lot coverage shall be thirty percent (30%).

(4) Maximum height of principal building shall be two and one-half stories and shall not exceed thirty-five feet.

(Ord. 98-13. Passed 9-8-98.)

1155.05 RPU RESIDENTIAL PLANNED UNIT DISTRICT.

(a) Permitted Uses.As listed herein, provided that no dwelling or dwelling unit located within this district shall be used as a short-term rental for a period of less than thirty consecutive days unless also occupied during the short-term rental period by its occupants as defined in Section 1133.02 (131). (Ord. 2020-08. Passed 6-15-20.)

(1) Single-family dwelling.

(2) Two-family dwelling.

(3) Townhouse.

(4) Multi-family dwelling.

(5) Accessory uses and structures.

(6) Public uses.

(7) Quasi public uses.

(b) Conditional Uses. Not applicable.

(1) Minimum lot requirements.

A. Lot Area: Two acres.

B. Lot Width: 250 feet.

C. Lot Depth: 250 feet.

(2) Minimum yard requirements. None specified, but must be approved by Council, which shall consider all applicable official planning studies and Planning Commission recommendations.

(3) Maximum lot coverage. Thirty-five percent (35%), but must be approved by Council, which shall consider all applicable official planning studies and Planning Commission recommendations.

(4) Maximum height of principal building. None specified, but must be approved by Council, which shall consider all applicable official planning studies and Planning Commission recommendations.

(5) Special considerations.

A. The final development plan shall follow all applicable procedures, standards and requirements of the ordinance governing the subdivision of land. The final development plan shall be prepared by and have the seal of an architect and an engineer, both of whom are duly registered to practice in this State. No building permit shall be issued until a final plat of the proposed development is approved and recorded.

B. The Planning Commission shall review the conformity of the proposed development with the standard of the official City plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that a minimum of not less than thirty feet shall be provided around the boundaries of the area being developed.

C. The Planning Commission may impose conditions regarding the layout, circulation and performance of the proposed development. A plat of development shall be recorded regardless of whether a subdivision is proposed and such plat shall show building lines, common land, streets, easements and other applicable features required by the Subdivision Regulations. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot areas per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools or other nonresidential uses from the gross development area and deducting twenty percent (20%) of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.

D. The Commission may hold one or more public hearings on a final development plan. The recommendation of the Commission shall be forwarded to Council, which shall approve or disapprove the action of the Commission with or without modification and after public hearing. After approval by Council and after any required restrictions are in effect, the Director of Building and Zoning may issue permits enabling the approved final development plan to be carried out.

(Ord. 98-13. Passed 9-8-98.)

1155.06 HOME OCCUPATIONS.

(a) Home occupations shall be permitted in residential districts only if the following criteria are met:

(1) Only members of the family residing within the dwelling shall be engaged in such occupation at that location.

(2) The occupation, except for storage, is conducted entirely within the principal building and the space used for production and sale does not occupy more than twenty percent (20%) or 400 square feet, whichever is the lesser, of the net floor area of the dwelling unit.

(3) That the residential character of the dwelling and accessory structures be preserved and that no structural alterations or construction features of a non-residential nature be incorporated.

(4) No retail or wholesale goods, except those which are produced or processed on the premises, shall be exchanged or sold on the property.

(5) There is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling.

(6) No mechanical equipment or process shall be used which will create any noise, odors, fumes, glare, vibrations or electrical disturbances objectionable to the senses of a reasonable person beyond the lot.

(7) Storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside a permanent structure.

(8) Pedestrian or vehicular traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood and that the number of deliveries, pick-ups, or origin or destination trips relating to this home occupation shall not exceed five per day.

(9) Any need for parking generated by the conduct of such home occupation shall be in the driveway or a parking area on the lot, except for short- term parking of less than one-half hour.

(10) Solid waste in excess of one thirty-three-gallon trash container per week resulting from a home occupation shall not be placed for residential solid waste collection.

(11) Usage of hazardous production materials, as defined by the BOCA National Fire Prevention Code, are prohibited in home occupations unless in such quantities or of such nature as approved by the Fire Marshal upon application.

(b) Short Term Rentals as Home Occupations.

(1) Short-term rentals shall be subject to all zoning restrictions in the Codified Ordinances and Building Code requirements and ongoing compliance.

(2) Short-term rentals shall be restricted to those dwellings or dwelling units where conditional use for the applicable zoning district identifying such use has been granted. Any such use shall not exceed thirty consecutive days. In the case of a multi-family dwelling where a conditional use has been authorized by the Planning Commission and the Building Department, use of a maximum of one (1) unit adjoining that of the occupant (as defined in Section 1133.02 (131)) shall not exceed thirty consecutive days. For purposes of this section, “adjoining” means that the unit being used as a short-term rental shares a wall or a floor/ceiling with the unit being occupied by the occupant.

(3) Short-term rental owners shall annually register each dwelling or dwelling unit authorized by the Planning Commission and Building Department to be used as a short-term rental.

A. Each registration shall expire one year from the date of its issuance.

B. The registration fee shall be fifty dollars ($50.00) annually per unit used for short-term rental purposes, which fee may from time to time be modified by the City to reflect the cost of processing and issuing registrations, and conducting inspection and related services.

C. For each dwelling or dwelling unit intended to be used as a short-term rental, the applicant shall provide the Director of Administration with:

i. One form of proof of identity of each occupant as defined in Section 1133.02 (131) of each dwelling or dwelling unit intended to be used as a short-term rental. If a short-term rental host is not the property owner but a lessee or permanent occupant of the dwelling, the short-term rental host shall obtain permission from the owner of the dwelling to register the dwelling with the City and on any hosting platform for use as a short-term rental;

ii. Two pieces of evidence that the dwelling is the occupant’s primary residence, or two pieces of evidence of ownership of the dwelling;

iii. Complete mailing addresses, telephone numbers, and email addresses of each occupant, for each dwelling or dwelling unit being registered;

iv. The complete property address of each dwelling or dwelling unit being used as a short-term rental;

v. A description of the number of short-term rental guests rooms or spaces offered for rent and the stated maximum number of occupants permitted in the rental;

vi. A listing of all online platforms on which the property is being offered;

vii. Confirmation that each dwelling or dwelling unit being offered for rent is insured for not less than three hundred thousand dollars ($300,000), that each room offered as a sleeping space is equipped with a smoke detection system, and that the dwelling contains at least one readily accessible fire extinguisher per level; and

viii. Confirmation that each room offered for rent for sleeping purposes meets Building Code requirements regarding ingress and egress.

D. The Director shall deny any application for registration or renewal if any of the following are shown to have occurred at the short-term rental property;

i. The applicant makes a material misrepresentation of fact on the application;

ii. The applicant has engaged in a pattern of conduct or been convicted of violating state laws or City ordinances regarding building, zoning, and fire safety codes; nuisance laws; controlled substance laws; solicitation, prostitution, and human trafficking; or the obligation to remit tax returns and pay taxes to the City of Grandview Heights.

iii. Calls for service have exceeded the City ratio during a consecutive 12-month period;

iv. The short-term rental has a documented history or repeated conduct that endangers neighborhood safety and well-being.

(4) Short-term rentals shall be subject to no less than the number of parking spaces required for two-family, three-family, or four-family dwellings located in the residential district in which the subject dwelling is located. It shall be the sole responsibility of the owners or lessees offering a dwelling or dwelling unit for short-term rental purposes to monitor and regulate short-term rental guests’ parking to comply with applicable requirements for on-street parking.

(5) Occupants shall provide written notice to the short-term rental guest(s) of any known, non-obvious, or concealed condition, whether man-made or artificial, which may present a danger to the short-term rental guest(s), and shall designate a local 24-hour emergency contact for the short-term rental property.

(6) Home occupation square footage limitation does not apply to short-term rentals adjoining an owner-occupied or lessee-occupied dwelling unit that is located within a two-family, three-family, or four-family dwelling. For purposes of this section, “adjoining” means that the unit being used as a short-term rental shares a wall or a floor/ceiling with the unit being occupied by the occupant.

(7) It shall be the sole responsibility of the occupant of a short-term rental to prohibit discrimination, and to ensure that short-term rental guests comply with the following:

A. Keep that part of the premises that he or she occupies and uses safety and sanitary;

B. Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;

C. Keep all plumbing fixtures in the dwelling unit or used by him or her as clean as their condition permits;

D. Use and operate all electrical and plumbing fixtures properly;

E. Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes;

F. Personally refrain from and forbid any other person who is on the premises with the permission of the short-term rental guest from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises;

G. Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb his or her neighbors’ peaceful enjoyment of the premises;

H. Conduct himself or herself, and require persons on the premises with his or her consent to conduct themselves, in a manner that does not violate state or City laws regarding nuisance or the use of controlled substances.

(8) Occupants shall maintain records of bookings, including but not limited to the short-term rental physical address; the name of the person who listed the short-term rental on the hosting platform or other rental medium; and the dates and duration of stay in a short-term rental, the number of persons who were scheduled to stay each night, and the daily rate charged for each short-term rental.

(9) In order to determine whether a short-term rental host or hosting platform is in compliance with the requirements of this chapter, the Director of Administration or Building Director may request that any records required to be kept by this section be provided for inspection. If such request is denied, the Director may seek an administrative search warrant from a court of competent jurisdiction authorizing said inspection.

(c) (1) Any person, firm, or corporation violating any of the provisions of this section other than Section 1155.06 shall be deemed guilty of a minor misdemeanor and upon conviction of a subsequent violation of the same provision within one year when the same is so specified in the complaint shall be guilty of a misdemeanor of the fourth degree. Each day that a violation occurs shall constitute a separate and complete offense.

(2) Any person, firm, or corporation violating any of the provisions of Section 1155.06 shall be subject to a fine of up to five hundred dollars ($500.00). Upon being found liable of a subsequent violation of the same provision within one year, any person, firm, or corporation shall be subject to a fine of up to one thousand dollars ($1,000) and up to thirty days in jail. Each day that a violation occurs under this section shall constitute a separate and complete offense. Additionally, for short-term rental home occupations, three or more violations of any of the above within one year will result in permanent revocation of the registration required to operate a short-term rental of the dwelling that is the subject of the violation.

(Ord. 2020-08. Passed 6-15-20.)

1155.07 AESTHETIC REVIEW PROCEDURE.

(a) Purpose. The purpose of this review by the Director of Building and Zoning pursuant to Section 1137.06 or by the Board of Zoning Appeals hereunder is to assure that all structures are constructed or altered so as to maintain the high character of the community development and to protect real estate within this City from impairment or destruction of value, by regulating according to proper architectural principles the design, use of materials, finished grade, lines and orientation of all new buildings hereafter erected; the moving, alteration, improvement, repair, adding to or razing in whole or in part of all existing buildings; and the Board shall exercise its powers and perform its duties for the accomplishment of such purposes only.

This section is intended to prevent the impairment of stability and value of both improved and unimproved property and the degeneration of conditions affecting the health, safety, comfort, and general welfare of the inhabitants. (Ord. 98-13. Passed 9-8-98.)

(b) The Board has the authority to hear and decide applications for building permits in residential neighborhoods where the Director of Building and Zoning has determined that the aesthetic values of the neighborhood would be endangered. In hearing and deciding such applications, the Board shall use as guiding principles the Grandview Heights Design Guidelines posted on June 24, 2009 on the City of Grandview Heights’ website or available upon request from the City’s Building Department. The Board may approve, approve conditionally subject to specified modifications or disapprove any application for a building permit referred to it by the Director of Building and Zoning as set forth in Section 1139.04 hereof, provided that such disapproval shall be by the majority vote of all of the members of the Board present at any meeting where such vote is taken, and provided that the Board finds that the building for which the permit was applied would if erected be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects set forth in subsection (a) hereof, by reason of:

(1) Excessive similarity to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 250 feet of the proposed site, in respect to one or more of the following features of exterior design and appearance:

A. Apparently identical facade.

B. Substantially identical size and arrangement of either doors, windows, porticos, or other openings or breaks in the facade facing the street, including reverse arrangement.

C. Other significant identical features of design, provided that a finding of excessive similarity shall state not only that excessive similarity exists, but further that it is of such a nature as to be expected to provoke one or more of the harmful effects set forth in subsection (a) hereof.

(2) Excessive dissimilarity in relation to any other structure existing or for which a permit has been issued, or to any other structure included in the same permit application, facing upon the same street or intersecting street and within 250 feet of the proposed site in respect to one or more of the following features:

A. Cubical contents.

B. Gross floor area.

C. Height of building or height of roof.

D. Other significant design features such as materials or quality of architectural design.

(3) Inappropriateness in relation to the established character of other structures in the immediate area or neighboring areas in respect to significant design features such as materials or quality of architectural design, provided that a finding of inappropriateness shall state not only that such inappropriateness exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in subsection (a) hereof, and that the finding is not based on personal preference as to taste or choice of architectural style.

(Ord. 98-13. Passed 9-8-98; Ord. 2011-13. Passed 7-18-11.)

1155.08 DEMOLITION PROCEDURE.

(a) Purpose. The Board of Zoning Appeals is authorized to hear and decide applications for a demolition permit to raze a dwelling unit in any residential district. The purpose of the following comprehensive review is to protect the high quality of the community’s residential character and preserve the architectural design, historic elements, and other significant design features that contribute to that character by regulating the demolition of existing residential structures.

(b) Application for Demolition Permit.

(1) Application. An application for a demolition permit to remove a dwelling unit in a residential district shall be filed by the applicant, with the authorization of property owner if the owner is not the applicant, on a form provided by the Director of Building and Zoning. Nothing shall prevent the concurrent submittal of an application for a zoning map change or variance, if required.

(2) Submittal Requirements. The applicant shall submit the following with his application:

A. Site plan indicating property information, lot lines, existing and proposed building footprint, drawn to scale.

B. Detailed architectural plans for proposed replacement structure, with an embossed architectural seal.

C. Affidavit from applicant stating specific intent regarding the replacement structure and time lines.

D. A copy of the agreement between the applicant and a licensed demolition contractor and a copy of the contractor’s demolition license.

(3) Procedure.

A. A copy of the application shall be submitted to the Director of Building and Zoning not less than fifteen days prior to the date of the public hearing.

B. The Director of Building and Zoning shall review the application and attach a statement of zoning compliance indicating whether or not the proposed redevelopment complies with all applicable use and development requirements.

C. The Board shall hold a public hearing and act upon the application.

(4) Approval.

A. The Board shall review an application for a demolition permit to determine whether the application is complete and whether the proposed demolition and replacement plans comply with the purpose set forth within this section and the requirements of the Zoning Ordinance.

B. Upon approval by the Board, the Director of Building and Zoning shall issue a demolition permit.

C. A demolition permit does not become effective until all approvals necessary for the project, including any zoning map amendment or zoning variances have been approved by the appropriate body(ies).

D. A demolition permit automatically expires one year from its effective date.

E. A demolition permit is not transferable.

(Ord. 98-13. Passed 9-8-98.)

1155.09 ADDITIONAL YARD REQUIREMENTS.

(a) Yard Requirements for Corner Lots.

(1) In residential districts, the side yard requirements for corner lots shall be twenty feet, except that for lots of forty-one to fifty feet it shall be fifteen feet, and for lots of forty feet or less it shall be ten feet.

(2) In residential districts, accessory uses and detached structures shall be located a minimum of five feet farther back from the side street than the principal structure is allowed.

(3) No sign, fence, wall, shrub, or other obstruction to vision exceeding forty-two inches in height above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points twenty-five feet distant from the intersection of the street lines. Trees trimmed to ten feet above street are permitted.

(b) Access from Buildings to Streets. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(c) Through Lots. On through lots, no structure or accessory use shall be permitted within thirty feet of the rear lot line.

(d) Other General Requirements.

(1) Where a frontage is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire frontage.

(2) Required front yards shall be devoted to landscaped area and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard and front porches.

(3) Free-standing air conditioning units are prohibited in the front yard.

(4) The minimum width of side yards for schools, libraries, churches, community buildings, and other public buildings in residential districts shall be twenty-five feet, except where a side yard is adjacent to a commercial or industrial district, in which case, the width of that yard shall be as required in the district in which the building is located.

(Ord. 98-13. Passed 9-8-98.)

1155.10 EXCEPTIONS TO LOT AREA AND WIDTH REQUIREMENTS.

The minimum lot area and width requirements established in the Zoning Ordinance may be modified by the Board of Zoning Appeals as follows:

(a) Where a lot of record as of October 4, 1990, has less area or width than herein required in the district in which it is located, such lot may nevertheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.

(b) Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but may not be reconstructed or structurally altered unless made to conform to these requirements.

(Ord. 98-13. Passed 9-8-98.)

1155.11 PERMITTED ENCROACHMENTS INTO YARDS.

The yard spaces required for a use or structure shall remain free of all uses or structures with the following exceptions:

(a) Fences shall be permitted in any required yard or along the edge of any yard, unless regulated or prohibited by other sections of the Zoning Code.

(b) Eaves, cornices, window awnings, window sills and belt courses, chimneys and window air conditioner units may project into any required yard a distance not to exceed two feet.

(c) Unenclosed porches may extend ten feet into the required front yard. Porches in the required rear yard are permitted if they meet all accessory use requirements.

(d) Parking areas shall be permitted in required yards only as specified in Chapter 1153.
(Ord. 98-13. Passed 9-8-98.)

(e) A proposed addition to a non-conforming residential structure in the RS-1 and RS-2 Residential Districts may encroach up to two feet into the required side yard setback if the proposed addition is sited a minimum of eight (8) inches further in from the property line than the existing structure and if fire safety and Building Code requirements are met.

(Ord. 2011-13. Passed 7-18-11.)

1155.12 EXCEPTIONS TO HEIGHT LIMITATIONS.

The height limits established in this chapter or Sections 1155.01 to 1155.04 may be exceeded in the following instances:

(a) Public, semi-public or public service buildings, or schools when permitted in a district, may be erected to a height not exceeding 110 feet and churches and other places of worship may be erected to a height not exceeding seventy-five feet if the building is set back from each yard at least one foot for each foot of additional building height above the height limit otherwise permitted in the district in which the building is built.

(b) Television and radio towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, stacks, conveyors and flagpoles may be erected to such height as may be authorized by law, or by the Board or Commission, as applicable.

(Ord. 98-13. Passed 9-8-98.)

1155.13 OFF-STREET PARKING REQUIREMENTS.

Off-street parking spaces shall be provided as follows:

(a) Single-family and two-family dwellings: Two spaces per dwelling unit.

(b) Multiple-family dwellings: One space for each bedroom; one space for each dwelling unit for independent housing constructed for the elderly.

(c) School: For high school, two spaces per classroom, one for every ten students for whom the facility is designed; for elementary and middle schools, two parking spaces per classroom.

(d) Nursing home, residential care facility, hospice: one-half space per bed.

(e) Church or other place of worship, auditoriums, theaters and other places of public assembly: One parking space for each five seats.

(f) Community center, library, museum, or similar public or semi-public building: One parking space for each 300 square feet of floor area in the building.

(Ord. 98-13. Passed 9-8-98.)

1155.14 CONSTRUCTION AND LOCATION OF REQUIRED PARKING SPACES.

(a) Each off-street parking space shall have dimensions and shall be served by aisle widths that are no less than the following dimensions, and shall all be of usable shape and condition.

Width	Minimum Stall Width	Minimum Length	Minimum Aisle
90-degree angle parking	9 ft.	19 ft.	22 ft.
Parallel parking	10 ft.	23 ft.	14 ft.
60-degree angle parking	10 ft.	19 ft.	20 ft.
45-degree angle parking	10 ft.	20 ft.	20 ft.

(b) Driveways serving non-residential parking areas shall have a minimum width of eighteen feet and a maximum width of twenty-five feet, except curb returns.

(c) No parking space shall be located in the front yard or side yard of any R District, except in a driveway of legal dimensions and construction.

(d) The total area of the rear yard occupied by driveway and parking spaces shall not exceed more than forty-five percent (45%) of the total rear yard area.

(e) The parking area of parking lots located in residential districts shall not extend closer than eight feet from the lot line of adjacent property.

(Ord. 98-13. Passed 9-8-98.)

1155.15 FENCE REGULATIONS.

The following fence regulations shall be observed:

(a) No fence more than thirty percent (30%) solid or more than forty-two inches in height above the established street or alley grade shall be erected within the corner area of a lot that is included between the lines of two intersecting streets, two intersecting alleys, or the intersection of a street and alley and a straight line connecting them at points twenty-five feet distant from the center of said intersection. (Ord. 2012-01. Passed 1-17-12.)

(b) No fence shall be erected in any front yard.

(c) No fence shall be erected in any side or rear yard that is adjacent to the front yard of a neighboring lot without prior approval of the Board of Zoning Appeals.

(d) No fence shall be erected in the rear or side yard adjacent to the street/alley of a corner lot without prior approval of the Board of Zoning Appeals.

(e) Except as provided in subsections (a), (b), (c), and (d) hereof, fences not over five feet high may be located on any part of a lot.

(Ord. 98-13. Passed 9-8-98.)

(f) Except as provided in subsections (a) and (c) hereof, fences not over six feet high may be erected on those parts of a lot that are as far back or farther back from the street as ten feet forward of the rear of the main building.

(Ord. 2012-01. Passed 1-17-12.)

(g) Every swimming pool, including existing swimming pools, shall be completely enclosed by a fence of sturdy construction not less than forty-five inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds eighteen inches, unless such pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be located between the building setback line fixed by the Zoning Ordinance and the street on which the lot or parcel abuts.

(h) No person, firm or corporation shall construct any barbed wire, metal pronged or spiked fence in a residential district.

(i) No electric current shall be applied to any fence.

(j) Fences shall be erected with the posts and other supporting structural elements facing inward toward the principal structure and concealed from view of the adjoining properties whenever possible.