Harborcreek Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
General Regulations
§ 490-88 Accessory buildings.
A.
No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced and except as provided elsewhere in this Zoning Ordinance, no accessory building shall be used for residential purposes; provided, however, that one residential unit for a caretaker may be permitted in conjunction with any industrial establishment.
B.
The number of accessory buildings such as sheds, carports, pergola, gazebo, and picnic shelters/pavilions with less than 224 sq. ft. (14x16) of floor shall be limited to one such structure per premises without a zoning permit. The placement of accessory structures of less than 224 sq. ft. is a minimum of five feet from rear and side property lines and shall not be placed in an easement. Second accessory structures (any size) and larger than 224 sq. ft. require a zoning permit and placement of the structure must be the setback requirements within the district in which it is placed.
§ 490-89 Accessory structures associated with commercial developments.
A.
Front yard setbacks.
(1)
Fuel pumps and canopies shall have a minimum front yard setback of 75 feet.
(2)
For new land developments, accessory structures proposed in conjunction with the machines, vending machines, etc., shall be approved by the Township Board of Supervisors after recommendation by the Planning Commission during land development review.
(3)
For existing developments, new accessory structures proposed in conjunction with the existing use shall be reviewed by the Planning Commission and approved by the Township Board of Supervisors. The Zoning Administrator shall issue a zoning permit prior to the placement of the structure.
B.
Merchandise storage and display.
(1)
Merchandise shall not be placed on any sidewalk or at any location that will reduce the number of parking spaces below the minimum required by ordinance. Additionally, merchandise shall not obstruct vehicular or pedestrian traffic patterns.
(2)
The Township Board of Supervisors must approve the location of all outside merchandise display areas after recommendation by the Planning Commission.
(3)
There shall be no outside merchandise storage trailers permitted on the site except when utilized during the time of construction or renovation for the temporary storage of merchandise or equipment.
§ 490-90 Boarders.
§ 490-91 Fences and landscaping.
A.
Fences, hedges or other plantings, structures or retaining walls at street corners shall not be located so as to interfere with the intersection visibility on corner lots. The height of such objects is restricted to three feet within the intersection above the centerline of the adjacent road surface.
B.
Fences may be erected to a height panel not exceeding six feet, except for junkyards, essential service structures, and outdoor display merchandise where the height shall not exceed eight feet.
C.
Retaining walls and fences may be placed between adjacent property on the property line upon submitting a properly executed maintenance easement agreement between the property owners to the Township Zoning Administrator for approval.
§ 490-92 Height regulation exceptions.
A.
Public, semi-public or public services buildings, hospitals, public institutions or schools when permitted in a district may be erected to a height not exceeding 60 feet, and churches or temples may be erected to a height not exceeding 65 feet if the building is set back from each yard line at least one foot for each additional two feet of building height above the height limit otherwise provided in the district in which the building is located.
B.
Special industrial structures such as cooling towers, elevator bulkheads, fire towers, tanks, and water towers which require a greater height than provided in the district may be erected to a greater height than permitted providing:
C.
The height limitations of this Zoning Ordinance shall not apply to church spires, belfries, wind energy conversion systems (WECS) and essential service structures.
§ 490-93 Intersection visibility.
In order to prevent the creation of a traffic hazard by limiting visibility at a street intersection, no structure, building, earthen bank, vegetation accumulation of snow or other materials exceeding three feet in height above the finished paved area at the center to the roadway shall be allowed within the clear sight triangle on corner lots. The clear sight triangle shall be a triangular area of unobstructed vision on corner lots formed by a 100-foot sight line along the centerline of a secondary or primary road, by a 75-foot sight line along the centerline of a local street and by a line joining these two sight lines at the greatest distance from their intersection.
§ 490-94 Number of dwellings per lot.
A.
Residential uses. Individual lots or parcels shall have no building or buildings in addition to the principal building on the same lot used for living purposes with the exception of a Planned Residential Development.
B.
Nonresidential uses. Where a lot or tract is used for a nonresidential purpose, more than one principal building may be located upon the lot or tract but only when such buildings conform to all open space and yard requirements around the lot for the district in which the lot or tract is located.
§ 490-95 Patios.
A patio is defined as a portion of a structure which may or may not be partially or totally enclosed by a roof and one or more walls. A patio constructed at "grade level" and with no roof or walls may extend into any required yard space. However, at any point in the future, only that portion of the patio that is within the required building setback lines may be enclosed by applying for zoning and building permits.
§ 490-96 Recreational vehicles and recreational equipment.
Trailers, as defined within the terms of this Zoning Ordinance and including travel trailers, pickup coaches, motorized homes and boat trailers, may be parked or stored subject to the following requirements:
A.
Major recreational equipment, as defined for purposes of these regulations, includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, and the like, and cases or boxes used for transporting recreational equipment whether occupied by such equipment or not.
B.
Occupancy. No such equipment shall be used for living, sleeping or housekeeping purposes except as provided for under the following conditions:
(1)
Travel trailers, pickup campers, or coaches, motorized dwellings and tent trailers may be temporarily parked and occupied for sleeping purposes only by visitors and house guests in accordance with the following provisions:
C.
Permanent parking and storage of camping and recreational equipment. Permanent storage of such equipment shall be permitted in any zoning district.
(1)
Small recreational vehicles 12' in height or less can be stored in a driveway with ample parking, on the side of the house/garage or in the back yard 5' from the side and back property line.
(2)
Major recreational vehicles 12' in height or more can be stored on the side of the house/garage or in the back yard 10' from the side and back property line.
(3)
No recreational vehicle may be parked or stored in the right-of-way.
D.
Poor condition. No major recreational equipment shall be stored out of doors on residential premises unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it is intended.
§ 490-97 Restrictions and exemptions.
A.
Slopes. Lots containing a slope of 3:1 (three feet horizontal to one foot vertical) or greater for a distance of 50% of its total depth shall have a minimum of 25% total increase in lot depth than is required by this chapter before a zoning permit is granted.
B.
No single-family dwelling, as defined in Article III, shall be permitted in any zone having a floor area of less than 1,200 sq. ft., provided that mobile homes or house trailers having less than 1,200 sq. ft. shall be permitted if situated in mobile home parks as provided for in this chapter.
§ 490-98 Setback exemptions.
A.
A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting lot line or existing street right-of-way. Regulations of each district prohibit principal and accessory structures within the specified minimum building setback.
(1)
Irregular lots:
(a)
Flag lots shall be measured from the interior property line that is parallel to the street. The "stem" or access to the lot, in terms of setbacks, is not considered.
(b)
For cul-de-sac lots having a center-line radius of 200 feet or less, the minimum width shall be measured on the building line.
(c)
A triangular lot with no rear yard shall be measured at the point where both side property lines meet. Property lines that abut a street shall meet the front yard setback in the zoning district where the lot is located.
(2)
Corner lots. The front yard shall be on a side that faces towards a public street, whenever one public street abuts the lot. If a lot abuts two streets, the front yard shall be whichever side is the predominant front yard for neighboring properties. If no side is predominant, then the applicant may choose which is the front yard.
(3)
Private or paper streets. For a building setback measured from a private or paper street, the setback shall be measured from the existing street right-of-way (property line).
B.
Exemptions. The following may encroach into the yard requirement:
(1)
Accessory buildings or structures less than 224 sq. ft.
(2)
Steps.
(3)
Stoops or open stairs, not exceeding 24 sq. ft.
(4)
ADA access ramps and landings necessary to provide entrance into a building.
(5)
Exterior stairways, fire escapes, or other means of egress, ground-mounted doors for basement access, window awnings, chase for heating pipes, or other similar structures that do not include space usable by persons.
(6)
Sills, cornices, eaves or other similar architecture features, gutters, bay windows, chimneys or similar structures may extend or project into required yard no more than 18 inches.
(7)
Eaves.
(8)
Patios constructed at grade. Roof structures or walls shall not extend into any required yard setback, provided that at no time may a roof be constructed over or any walls upon or around any portion of a patio.
(9)
Fences shall be at least one foot from any property line.
§ 490-99 Special conservation provisions.
Certain portions of zoning districts may be located in critical conservation areas which are regulated by the Harborcreek Township Bluff Setback Ordinance and Floodplain Ordinance.[1] The conservation areas are located along the Lake Erie shoreline and along certain stream valleys. Consultation with the Zoning Office will provide guidance to specific development regulations that affect these areas and the specific locations of the particular conservation areas.
§ 490-100 Storage.
A.
Commercial equipment.
(1)
Residential districts. Commercial equipment including trucks (greater than one ton capacity); tandems; tractor-trailers; school buses; attached cargo moving vehicles/trailers; tractors or other commercial construction, earth-moving, or cargo-moving vehicles, and/or equipment shall not be stored or parked overnight in any residential district. This does not apply to regular work vehicles, such as trucks and vans, which are used on a regular basis. Personal cargo-moving vehicles/trailers shall be parked in a driveway and cannot be parked on the side of the road or in the right-of-way.
(2)
Commercial equipment including trucks (greater than one ton capacity) tandems, tractor-trailers, school buses, tractors or other commercial construction, earth-moving, or cargo-moving vehicles and/or equipment shall not be parked overnight or stored on any public road.
(3)
Farm tractors and other related farm equipment are excluded from the above requirements.
B.
Junk. No lot or premises shall be used as a storage area for junk vehicles, appliances, or the storage or collection of any other miscellaneous items unless permitted under the I-Industrial/Mixed Use District. Also, no lot or premises shall be used as a garbage dump or a dead animal rendering plant nor any manure, rubbish or miscellaneous refuse be stored in the open within any district where the same may be construed as a menace to the public health or safety.
§ 490-101 Structure on small lot of record.
Notwithstanding the limitations imposed by any other provisions of this chapter, the Zoning Administrator may permit erection of a structure on any lot of record separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or a width smaller than that required in this chapter. Structures shall meet the standard setbacks within the zoning district where it is located.
§ 490-102 Swimming pools (above- and in-ground).
Private swimming pools, and temporary swimming pools, including aboveground and in-ground pools, shall comply with the following conditions and requirements:
A.
Temporary swimming pools are defined as a swimming pool that is taken down annually.
B.
Temporary and private swimming pools, including spa pools and hot tubs, shall be only in the rear yard and side yard of property on which it is an accessory use.
C.
Temporary swimming pools do not require a zoning permit, however, building permits may be required per the Uniform Construction Code.
D.
The pool is intended and is to be used solely for the enjoyment of the occupants of the property on which it is located.
E.
Swimming pools, spa pools, and hot tubs shall be a minimum of 10 feet from rear and side property lines.
F.
The decking around the pool shall be a minimum of 35 feet from the rear property line and 10 feet from the side property lines.
§ 490-103 Temporary uses.
Only the following uses are permitted temporarily (a period of not more than two consecutive months per calendar year or an open active zoning and/or building permit).
A.
Christmas tree sales in commercial districts.
B.
Carnival, circus and street fairs in commercial or industrial districts.
C.
Mobile amusement and lighting equipment for promotion, advertisement and grand openings in commercial and industrial districts.
D.
Storage pods and storage containers (see definition for "structure (temporary)").
E.
Carports and soft-sided structures (see definition for "structure (temporary)").
F.
Dumpsters - shall not park dumpster in road or right-of-way.
G.
Food trucks.
§ 490-104 Use of property.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless it is in conformity with the regulations herein specified for the district in which said building or land is located and approved by the Zoning Administrator or building inspector.