Hiram City Zoning Code
CHAPTER 1113
General Provisions
1113.01 PURPOSE.
The purpose of this chapter is to provide for regulations which address health, safety, and general welfare concerns and problems that are the same for all zoning districts, or for more than one district. (Ord. 88-10. Passed 1-10-89.)
1113.02 COMPLIANCE; PERMITTED USES.
No building shall be erected, placed, converted, enlarged, demolish, reconstructed, or structurally altered, nor shall any building or land be used, arranged to be used, or designed to be used, in a manner which does not comply with all of the district provisions established by these regulations for the districts in which the building or land is located. Uses which are omitted from these regulations, not being specifically permitted, shall be considered prohibited until, by amendment, such uses are incorporated into these regulations.
Determination of whether or not a use is specifically permitted by virtue of being similar in character to a specified permitted use in the district shall be made by the Planning Commission based on the purpose of the district, adopted policies regarding development and this Zoning Code. The Planning Commission shall not have such authority regarding conditionally permitted uses. (Ord. 88-10. Passed 1-10-89.)
1113.03 CONVERSION OF DWELLINGS TO MORE UNITS.
A residence may not be converted to accommodate an increased number of dwelling units unless:
(a) The yard dimensions still meet the yard dimensions required by the zoning regulations for new structures in that district;
(b) The lot area per family equals the lot area requirements for new structures in that district;
(c) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and
(d) The conversion is in compliance with all other relevant codes and regulations.
(Ord. 88-10. Passed 1-10-89.)
1113.04 PRIVATE SWIMMING POOLS.
Private swimming pools shall be considered as an accessory use and must comply with the following conditions and requirements:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located;
(b) It may not be located closer than ten (10) feet to any property line;
(c) The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than four (4) feet in height and maintained in good condition with a gate and lock; and
(d) Above ground pools having vertical walls of at least four (4) feet above the surface grade shall be required to have fences and/or gates with locks, only at points of access to the pool. (Ord. 88-10. Passed 1-10-89.)
1113.05 COMMERCIAL/COMMUNITY SWIMMING POOLS.
Commercial/community swimming pools shall comply with the following conditions and requirements:
(a) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated;
(b) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than fifty (50) feet to any property line; and
(c) The swimming pool and all of the areas used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the thoroughfare or adjacent properties. Said fence or wall shall not be less than six (6) feet in height and maintained in good condition.
(Ord. 88-10. Passed 1-10-89.)
1113.06 TEMPORARY BUILDINGS.
Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed within thirty (30) days of completion. (Ord. 89-35. Passed 1-9-90.)
1113.07 PARKING AND STORING OF VEHICLES.
Motor vehicles or trailers of any kind or type, without current license plates shall not be parked or stored on any property other than in a completely enclosed building. Only licensed recreational vehicles, noncommercial vehicles, noncommercial pickup trucks, motorcycles and autos may be parked on residential property.
(Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-9-90.)
1113.08 REFUSE STORAGE/COLLECTION AREAS.
All trash and/or garbage collection areas greater than 180 gallons including dumpsters, shall be screened on any and all sides in plain view. (Ord. 2014-15. Passed 6-10-14.)
1113.09 SETBACK REQUIREMENTS FOR CORNER LOTS.
On a corner lot the principal building and its accessory structures shall be required to have the same setback distance from all street right-of-way lines as required for the front yard in the district in which such structures are located.
(Ord. 88-10. Passed 1-10-89.)
1113.10 VISIBILITY AT INTERSECTIONS.
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and a half (2 1/2) and ten (10) feet above the center line grades of the intersecting streets in the area bounded by the right-of- way lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of intersection, except for street trees, which are pruned at least eight (8) feet above established grade of the roadway so as not to obstruct or hinder a motorist’s vision.
(Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-9-90.)
1113.11 ARCHITECTURAL PROJECTIONS.
Open structures, such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which attached and shall not project into the required minimum front, side or rear yard.
(Ord. 88-10. Passed 1-10-89.)
1113.12 EXCEPTION TO HEIGHT REGULATIONS.
The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Such structures may exceed the height limit of the district provided:
(a) Such structures shall not exceed the permitted height by more than fifteen (15) feet.
(b) Such structures shall not have an area greater than 25% of the roof area of the building.
(c) Such structures shall be incidental to the principal use.
(d) Radio, TV antennas may be erected to any height provided they do not become hazardous.
(e) Permitted or conditionally permitted public or semi-public buildings may be erected to a height not to exceed 35 feet.
(Ord. 88-10. Passed 1-10-89.)
1113.13 FENCES, WALLS, HEDGES.
Fences, walls and hedges are permitted in any required yard or edge of any yard provided:
(a) Fences, walls or hedges along side or rear property lines shall not exceed six (6) feet in height above the grade.
(b) Fences, walls or hedges along the front yard area shall not exceed four (4) feet in height.
(c) Informal plantings may be higher than six (6) feet in height.
(d) All fences, walls and hedges shall be well maintained and shall not become hazardous to neighboring uses or obstruct vision of motorists at intersections.
(Ord. 88-10. Passed 1-10-89.)
1113.14 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING RESIDENTIAL DISTRICTS.
Nonresidential buildings or uses shall not be located nor conducted closer than forty (40) feet to any lot line of a residential district, except that the minimum yard requirements may be reduced to fifty (50) percent of the requirement if acceptable landscaping or screening approved by the Planning Commission is provided. Such screening shall be a masonry or solid fence between four (4) and eight (8) feet in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty (20) feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height at the time of planting. Either type of screening shall not obscure traffic visibility within fifty (50) feet of an intersection.
(Ord. 88-10. Passed 1-10-89.)
1113.15 PRINCIPAL BUILDINGS.
No more than one dwelling shall be permitted on any lot unless specifically stated in these regulations (see Chapter 1133) and every principal building shall be located on a lot having the required frontage on a public street, or private street built to Hiram Village Subdivision Regulations standards.
(Ord. 88-10. Passed 1-10-89.)
1113.16 ACCESSORY BUILDINGS.
Accessory buildings incidental to the principal use may be erected on a lot where a principal building already exists. Accessory buildings shall comply with the requirements applicable to the principal building.
Detached accessory buildings on nonconforming lots of record shall not be located closer than ten (10) feet to the main building and may not exceed fifteen (15) feet in height in residential districts. (Ord. 88-10. Passed 1-10-89.)
1113.17 PROHIBITED USES.
No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Zoning Code and any additional conditions and requirements prescribed is or may become hazardous, noxious or offensive due to odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse, or wastes.
The following specific uses are prohibited in any area:
(a) Storage, sale or manufacture of fireworks, or any other explosive.
(b) Manufactured homes (mobile homes), manufactured home parks.
(d) Use of any vehicle for dwelling unit purposes.
(Ord. 88-10. Passed 1-10-89.)
(Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-9-90.)
(f) Uses which pollute streams or ground water as defined by Ohio EPA.
(Ord. 88-10. Passed 1-10-89.)
1113.18 APPROVED SEWAGE FACILITIES.
No zoning permit shall be issued without evidence that the responsible health authority has approved of proposed sanitary sewage disposal facilities for the use proposed.
(Ord. 88-10. Passed 1-10-89.)
1113.19 BUSINESS DISPLAYS/OUTDOOR STORAGE.
All business services and merchandise displays shall be conducted within an enclosed building except as otherwise provided. There shall be no outdoor storage of materials, stock, merchandise, etc., related to any business or industrial use unless otherwise permitted in this Zoning Code. (Ord. 88-10. Passed 1-10-89.)
1113.20 USABLE OPEN SPACE.
Whenever required by this Zoning Code, usable open space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking and loading areas.
(Ord. 88-10. Passed 1-10-89.)
1113.21 AGRICULTURAL USES.
The following regulations apply to agricultural uses:
(a) Dogs, cats, household birds, guinea pigs and other species of animals commonly considered a household pet, may be permitted in any residential district, provided they are not raised, bred, or boarded for business purposes;
(b) Outdoor pens or shelters for above animals shall conform to setback requirements of district in which it is located;
(c) The maximum pen or shelter area shall not exceed one (1) percent of the minimum lot size requirement of the district;
(d) Maximum height of pens or shelters shall be six (6) feet;
(e) Animals other than those in subsection (a) hereof may only be kept on a lot over five (5) acres in size. Such animals may not be kept or sheltered, fed, watered, any closer than fifty (50) feet from any lot line, and 100 feet from any inhabited dwelling; and
(f) Structures used for farm markets (roadside stands) to sell products and produce produced on the farm owned by the market operator are permitted in those districts indicated in this Zoning Code, provided:
(1) Such structure complies with side yard setback requirements of that district;
(2) Such farm market shall be located at least thirty (30) feet from the road right-of-way;
(3) Adequate ingress and egress and parking facilities are provided to allow cars to get off of the street and be able to turn around without blocking oncoming traffic;
(4) The height of farm market structures shall not exceed fifteen (15) feet;
(5) There shall only be one (1) farm market structure permitted per farm owner;
(6) Construction materials of the farm market shall be of materials that would blend with the principal building;
(8) The floor area of a farm market sales structure shall not exceed twenty-five (25) percent of the principal building floor area if on the same lot or seven hundred fifty (750) square feet, whichever is less.
(g) Chickens are permitted in Residential Districts and are subject to compliance with the following regulations:
(1) No more than six (6) backyard chickens are permitted per property.
(2) Roosters are prohibited.
(3) Chickens are only permitted in back yards and may only roam freely within the backyard of the home during daylight, further conditioned upon the yard being properly fenced and enclosed as approved by the Planning Commission.
(4) Chickens shall be provided a designated chicken coop, which shall meet the following requirements:
A. The coop shall have a minimum fifteen (15) feet setback from the rear property line, and ten (10) feet setback from the side property line.
B. Coops shall be predator and rodent resistant with a solid covered roof.
C. Water shall be provided onsite and accessible to chickens at all times.
(5) Chicken, chicken coops, and chicken runs shall be maintained and shall be regularly cleaned to control dust, odor, and waste so as to not create a nuisance, constitute a safety hazard, health problem, or disturbance to surrounding properties.
(6) Chicken feed shall be stored in reasonable, airtight, predator proof container.
(7) Chicken waste shall only be stored in a reasonable, airtight, predator proof container or buried in order for it to be used as compost.
(Ord. 2023-19. Passed 3-12-24.)
1113.22 SATELLITE DISH ANTENNAS (EARTH STATION).
Satellite dish antennas are permitted as an accessory to a principal use, subject to the following requirements:
(a) Ground Satellite Dishes.
(1) Permitted location: rear yard only.
(2) Base must be landscaped.
(3) Additional requirements: Ground satellite dishes must be anchored in the ground.
(b) Satellite Dishes for Non-Residential Purposes in C, CR or I Districts.
(1) Permitted location:
A. Ground;
B. Roof of structure only if the dish is made of wire screen mesh material, and may not be mounted on any appurtenances, only the primary structure.
(c) All Satellite Dishes.
(1) One (1) satellite dish per dwelling unit. No more than 2 satellite dishes for non-residential purposes.
(2) Maximum diameter: Eight (8) feet.
(3) Fee, as per Village Zoning fee schedule.
(4) Wire mesh dishes only are permitted and color of wire mesh must be compatible with the principal structure and appearance of the neighborhood.
(Ord. 88-10. Passed 1-10-89.)
1113.23 GARAGE/YARD SALES.
(a) No person or persons may conduct sales of household or other goods, new or used, at any residence in the Village for more than nine (9) consecutive days or two (2) consecutive weekends. (Ord. 89-35. Passed 1-9-90.)
(b) Such sales may be held no more than twice in any twelve-month period, and the time between the last day of one sale and the first day of the next may not be shorter than eight full weeks.
(c) Sales held by combined households will be considered one sale and the above restrictions will apply to all participants jointly or separately, regardless of a change of location within the residential zones of the Village.
(Ord. 88-10. Passed 1-10-89.)
1113.24 MINIMUM DWELLING UNIT FLOOR AREA.
In order to ensure healthy living conditions, prevent over-crowding and preserve neighborhood character, dwellings shall comply with the following standards as minimum living areas:
Single Family | |
One story: | 1,200 square feet |
Two story: | 1,700 square feet (minimum of 800 square feet must be on first floor). |
Two Family/Per Unit: | |
One story | 1,000 square feet |
Two story | 1,300 square feet (minimum of 650 square feet must be on first floor). |
(Ord. 88-10. Passed 1-10-89.)