Hunting Valley City Zoning Code
CHAPTER 1155
U-1 Single-Family Residential District
1155.01 PURPOSE.
The purpose of the U-1 Single-Family Residential District is to provide for low-density residential development that will promote and maintain the established character of the Village and protect the Village's sensitive environmental features such as steep slopes, flood plains, and scenic river corridors. (Ord. 2023-6. Passed 6-15-23.)
1155.02 PERMITTED USES.
Within a U-1 Single-Residential District, no buildings, structures, or premises shall be used, arranged to be used, or designed to be used except for one or more of the following uses. All other uses shall be expressly prohibited:
(a) Permitted Uses.
(1) Single-family dwelling.
(2) Municipal building, fire station, police station and wireless communications facilities located on Municipally-owned property.
(3) Electric substation.
(4) Private riding club with stables (not for profit).
(5) Nature preserve.
(6) Farming, grazing.
(b) Accessory Uses. Accessory uses customary in Hunting Valley and clearly incidental to a permitted principal use shall be permitted subject to the following provisions:
(1) Such accessory use is located upon the same lot with the building or use to which it is accessory;
(2) The aggregate total building ground coverage of all accessory uses shall not exceed 2,000 square feet, provided that if the lot size exceeds ten (10) acres, an additional 250 square feet of building ground coverage for each acre or fractional portion thereof in excess of five (5) acres shall be permitted.
(3) The aggregate square footage of all accessory buildings shall not exceed the building ground coverage of the main building.
(4) No accessory building shall exceed twenty-five (25) feet in height, provided that on lots of ten (10) acres or greater an additional one (1) foot in height may be permitted for each additional ten (10) feet of setback from side and rear property lines up to a maximum of thirty (30) feet.
(5) No accessory building located on a lot of less than ten (10) acres in area, calculating lot size in accordance with the provisions of Section 1155.03(b), shall be designed or used for residential purposes; and
(6) No accessory building or improvement shall be constructed before the principal use is constructed as approved by the Village.
(7) No accessory building other than an accessory residential structure shall have restroom facilities (shower, bath, sink or toilet) located above the ground floor.
(8) A private garage permitted as an accessory use shall not provide storage for more than one (1) motor vehicle for each 40,000 square feet of lot area. A billboard, signboard or advertising sign shall in no case be permitted as an accessory use. The placing of a "for sale" and "for rent" sign and of political signs not more than six (6) square feet in area shall, however, be permitted as accessory uses on a limited temporary basis.
(9) The office of a physician or surgeon may be located in the dwelling used by such physician or surgeon as his or her private residence, and any person carrying on a customary home occupation may do so in a dwelling used by him or her as his or her private residence, provided that no person, other than members of his or her own household, are employed in such occupation, and provided, further, that no window display or signboard is used to advertise such occupation.
(10) A private stable permitted as an accessory use shall not accommodate more than one horse for each two (2) acres of lot area. A private stable shall not be located nearer than 150 feet to any public or private road. No private stable shall be located nearer than 150 feet to any property line. No private stable shall be located nearer than 100 feet to any building, except that sleeping or living quarters for servants or employees exclusively occupied in the care of such stable, or the dwelling or grounds thereof to which such stable is accessory, may be placed nearer than 100 feet, or adjacent to, but in no case above or below, such stable, and no door or window of any kind shall exist in the wall or walls separating such living quarters from any portion of the accessory building.
(11) No house, shed or coop for the accommodation of fowl of any kind shall be located nearer than fifty (50) feet to any portion of any building arranged or intended for human occupancy or habitation. No house, shed, pen or enclosure for the keeping of pigs or hogs shall be located within 500 feet of any public or private road or within 500 feet of any dwelling.
(12) Roof mounted Solar Energy Systems as approved by the Village Architectural Board of Review, provided that no such roof mounted Solar Energy System shall be permitted to be placed on front facing portions of a roof. (Ord. 2023-6. Passed 6-15-23.)
1155.03 LOT AREA AND DENSITY.
(a) No dwelling shall be erected or altered to accommodate or make provision for more than one family for each five (5) acres of lot area. The minimum area of any lot shall be five (5) acres provided that one single-family dwelling may be erected on any lot separately owned and on any numbered lot in a recorded subdivision that was on record in the office of the Cuyahoga or Geauga County Recorder, on or before October 19, 1938.
(b) In computing the area of a lot for purposes of this section, the following shall be excluded and such part may not form a part of any yard or lot area required by this Zoning Code:
(1) Any part within the right of way of a public or private highway, street, road or access easement;
(2) Any part within an easement which has been granted for conservation purposes; or
(3) Any part which is located within the floodplain.
(c) Any lot in a subdivision recorded on or before November 10, 1998, which would otherwise meet the lot area requirements of this section, shall not be deemed to be inadequate by reason of subsection (b) hereof.
(Ord. 2023-6. Passed 6-15-23.)
1155.04 MINIMUM LOT WIDTH AND FRONTAGE.
No dwelling shall be erected on a lot having both frontage and width at the building line of less than 350 feet and an average width of less than 350 feet, unless such lot was separately owned at the time of the passage of this Zoning Code or unless such lot is a numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of the passage of this Zoning Code, provided however, that for lots fronting on cul-de-sacs the minimum width of a lot at the front lot line shall be 250 feet. No lot shall be created or recorded subsequent to the effective date of this ordinance that does not comply with this Section. Except as provided in Section 1155.06, every lot shall have frontage on a public right-of-way or private street.
(Ord. 2023-6. Passed 6-15-23.)
1155.05 MAXIMUM HEIGHT.
At no point shall the height measurement around the perimeter of a principal permitted use exceed thirty-five (35) feet. The Planning and Zoning Commission may permit an increase in the height measurement for that side or rear elevation of a dwelling unit containing a direct, at grade walk-out basement access, provided that at no point shall the height measurement at such elevation exceed forty-five (45) feet, and, provided further, that not more than twenty-five percent (25%) of the linear exterior of the residence exceed thirty-five (35) feet in height. The Planning and Zoning Commission shall consider the topographic conditions of the site and the objectives of this Zoning Code when making such a determination. (Ord. 2023-6. Passed 6-15-23.)
1155.06 REAR HOUSES.
Every dwelling shall have access to a public or private road or street, and if located to the rear of other buildings with no immediate road frontage, an easement shall be provided over an unoccupied strip of land at least thirty (30) feet in width and such reserved strip may not form a part of any yard or lot area required by this Zoning Code.
(Ord. 2023-6. Passed 6-15-23.)
1155.07 MINIMUM SETBACK AND YARD REQUIREMENTS.
(a) No building or accessory structure shall be erected nearer than seventy-five (75) feet to any adjoining property line, nor any protected watercourse, nor nearer than one hundred fifty (150) feet to any public or private road or street, provided, however, that dwellings with building ground coverage greater than five thousand five hundred (5,500) square feet shall be set back an additional ten (10) feet from any adjoining property line and an additional fifteen (15) feet from any public or private street for each one thousand (1,000) square feet of ground coverage in excess of five thousand five hundred (5,500) square feet, or proportionate fraction thereof. These setback regulations shall not apply to structures, such as boundary fences, driveways, entry gates and gateposts, lamp posts and similar structures customarily or appropriately located within the vicinity of the property line, but shall apply to structures, such as garages, toolsheds and other outbuildings; decks, swimming pools, tennis courts, and paddle tennis courts.
(b) No man-made water feature, including but not limited to manmade diversions of existing streams or watercourses and man-made ponds, lakes and dams for the retention of water, shall be erected nearer than thirty (30) feet from any adjoining property line or private road, or any state, county or municipal highway, road or street. Nor shall such water feature be constructed without the prior review and approval of the Village Engineer, who shall determine whether there is sufficient water within the watershed to support such water feature, and determine whether the design of the water feature is sufficient to protect the health, safety and welfare of the community. The setback regulations contained herein shall not prevent abutting property owners, who agree to share the maintenance of a pond located on a shared boundary, from locating such pond on the shared boundary, provided that the terms of the maintenance agreement are approved by the Planning and Zoning Commission and are binding upon the property owners, their successors, heirs and assigns.
(c) No driveway or private road shall be constructed nearer than fifty (50) feet from any side or rear property line. Where, due to severe topographic or other special site conditions, the Planning and Zoning Commission authorizes an exception to this setback requirement, the Commission may require installation of screening and buffering along the property line to mitigate potential impacts. (Ord. 2023-6. Passed 6-15-23.)
1155.08 SIDE AND REAR YARD EXCEPTIONS.
The area required in a side yard or rear yard shall be open from the established grade or from the natural grade, if higher than the established grade, to the sky, unobstructed, except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four (4) inches, and except that within five (5) feet of the street wall, a cornice may project not more than three (3) feet into such yard, provided that if the building is not more than two and one-half (2 ½) stories in height, the cornice may project not more than two and one-half (2 ½) feet into such yard.
(Ord. 2023-6. Passed 6-15-23.)
1155.09 CORNER LOT OBSTRUCTIONS.
On corner lots , no fence, structure, earth forms or vegetation which creates a traffic hazard by obstructing the view of vehicles and/or pedestrians traveling within the right-of-way shall be erected, constructed, installed or maintained between the required building setback lines and the street line for a distance of seventy-five (75) feet from the intersection in either direction. See "Exhibit 1155.09" appended hereto, which graphically depicts the impact of this regulation.
EXHIBIT 1155.09
CORNER LOT OBSTRUCTION
(Ord. 2023-6. Passed 6-15-23.)
1155.10 LANDSCAPE FEATURES AND FENCES.
(a) As used in this section:
(1) "Chain link fence" means a fence consisting of loops of wire interconnected in a series of joined links. It is not an open or ornamental fence.
(2) "Deer fence" means a mesh-type black plastic fence designed and constructed for the purpose of preventing deer from gaining access to any part or all of a parcel of property.
(3) "Entry feature fence" means a fence, wall, pillar or pier located near a driveway of a property, which is visible from a public or private right of way, the effect of which is to identify an entrance to the property.
(4) "Living fence" means a fence consisting of the natural growth or placement of hedges, trees, bushes, plants or a combination thereof into a vision obstructing or solid fence.
(5) "Open or ornamental fence" means a split rail or board fence which, as viewed at ninety (90) degrees from the fence line, shall be at least sixty-five percent (65%) open and unobstructed.
(6) "Privacy fence" means a fence constructed so as to prevent public view and to provide seclusion.
(7) "Property line wall" means a stone wall, located on the property line or along a right of way.
(8) "Screening fence" means a fence approved by the Planning and Zoning Commission for the purpose of screening vehicles or equipment under and pursuant to Chapter 1367 of the Building Code. Such a fence shall not be subject to the provisions of this code.
(9) "Security fence" means a fence designed and constructed for the purpose of protecting persons and property.
(10) “Fountain” means a structure that releases water into the air for aesthetic effect, including but not limited to, as splash pad, ornamental pool, or display pool. The water in an ornamental fountain is not used for drinking, watering plants, or other purposes.
(11) “Statue” a three-dimensional representation of a person, animal, or mythical being that is produced by sculpturing, modeling, or casting, and is composed of durable material, including but not limited to, wood, metal, or stone.
(12) “Sculpture” a three-dimensional figurative or abstract work of art produced from any material by methods including, but not limited to, carving, casting, modeling, or welding.
(b) Properties shall be open and unfenced, have an open or ornamental fence, or have a living fence. However, up to fifteen percent (15%) of the perimeter of a parcel of property may have a privacy fence. Deer fences may be permitted, as provided by subsection (k) hereof, property line walls and entry feature fences may be permitted, as provided by subsection (l) hereof, and security fences may be permitted, as provided by subsection (m) hereof.
(c) An open or ornamental fence may be five (5) feet high; the posts may be six (6) feet high, and shall be made of natural materials except as provided in subsection (k) hereof.
(d) A living fence shall be planted so as not to overhang adjacent property.
(e) A privacy fence may be seven (7) feet high and shall be made of natural materials except as provided in subsection (k) hereof.
(f) A chain link fence is permitted around the garden, tennis court or pool patio or to contain domestic pets. It shall not be located in the front yard of a property, unless totally obscured by an exterior living fence, and shall be set back at least ten (10) feet from any property line.
(g) In the event a stockade, board or similar fence having a finished and unfinished side is constructed, the finished side of the fence shall face towards the contiguous adjoining properties or street, and the unfinished side shall face towards the lot upon which the fence is constructed.
(h) No fence shall be located within fifteen (15) feet of the curb or edge of the pavement of a public or private road or street.
(i) The height of a fence shall be measured from the approved grade to its highest point, and the mounding of earth at or near the fence line shall not be permitted except in accordance with a plan approved and a permit issued under Chapter 1303 of the Building Code.
(j) Deer Fences.
(1) A deer fence which surrounds a garden, orchard or other point of horticultural interest on a parcel of property and which is not located, at any point, on the perimeter of the property and cannot be seen from public or private roads or street may be erected with a permit.
(2) Deer fences which do not meet conditions set forth in subsection (j)(1) hereof may be permitted upon the establishment of the following conditions to the satisfaction of the Architectural Board of Review:
A. The fence will be adequately screened so as to be not visible from any public or private road or street or from any neighboring properties.
B. In the event that the fence is visible from a public road or street, the applicant must demonstrate both the need for the fence and the inability to provide the appropriate screening.
C. The Architectural Review Board may establish such further conditions as it deems necessary for the protection of the Village's health, safety and welfare, including but not limited to conditions for the protection of wildlife and the rural character of the community. The Building Inspector shall maintain a copy of such conditions.
(k) Property Line Walls and Entry Feature Fences.
(1) Property line walls and entry feature fences may be permitted by the Architectural Board of Review, based upon the criteria in this section.
(2) Property line walls and entry feature fences shall relate to, and be consistent with, architectural features of structures located on the same property, which are visible from the proposed wall or entry feature.
(3) Property line walls and entry feature fences shall be natural fieldstone, dry- laid or with deeply raked mortar joints. These walls shall not exceed four (4) feet in height, except that their end piers may be five (5) feet high. The maximum height of piers shall include all caps and appurtenances.
(4) The gates of an entry feature fence may be wood, left to weather to a natural finish (or such color as may be approved by the Architectural Board of Review), or wrought iron, painted black, of a simple design. The gates shall not exceed five (5) feet in height.
(l) Security fences may be permitted by the Planning and Zoning Commission based upon the following criteria.
(1) Security fences shall be constructed of black vinyl coated chain link without horizontal member or such other materials as may be approved by the Planning and Zoning Commission. Security fences may include electronic sensors designed to identify intrusion but in no event shall the use of barbed wire, razor wire or electrified fencing be permitted.
(2) Security fences shall not exceed seven (7) feet in height, provided however, that a security fence may be integrated with a privacy fence as authorized in subsection (b) hereof.
(3) No security fence will be permitted if it will be visible from a public right of way. Security fences which are visible from private driveways may be permitted provided that any applicable homeowners association signs a written consent.
(4) The fence shall be screened from view from any neighboring property using vegetation or earth forms in a manner consistent with the rural character of the Village.
(5) Security fences and associated screening shall be maintained in good repair at all times.
(6) The Planning and Zoning Commission may establish such further reasonable conditions as it deems necessary for the protection of the Village's health, safety and welfare, including but not limited to conditions for the protection of wildlife and the rural character of the community. The Building Inspector shall maintain a copy of such conditions.
(m) Fountains. Statues. and Sculptures.
(1) No fountain, statute, or sculpture located on any lot shall be visible from any public or private road or street within the Village, including during the winter months when foliage is at a minimum.
(Ord. 2023-6. Passed 6-15-23; Ord. 2024-15. Passed 12-10-24.)
1155.11 MAXIMUM BUILDING GROUND COVERAGE OF SINGLE-FAMILY DWELLINGS.
(a) The maximum building ground coverage of a single-family dwelling shall be 5,500 square feet, provided, however, that on lots in excess of five (5) acres the building ground coverage may be increased in accordance with the following schedule:
Lot Area | Building Ground Coverage Increase |
5 acres to 10 acres | 500 square feet for each acre in excess of 5 acres |
10 acres to 20 acres | 300 square feet for each acre in excess of 10 acres |
20 acres to 40 acres | 200 square feet for each acre in excess of 20 acres |
more than 40 acres | 150 square feet for each acre in excess of 40 acres |
Fractional calculations of acreage in excess of five acres shall be prorated to determine the maximum allowable building ground coverage.
(b) No part of the lot within the right of way of a public or private highway, street, road or access easement may be used to determine the available building ground coverage under subsection (a) hereof.
(c) The required lot size to dwelling unit ratio shall be applicable to new construction, including additions to existing buildings, for which a building permit has not been issued.
(Ord. 2023-6. Passed 6-15-23.)
1155.12 MINIMUM FLOOR AREA.
Each single-family dwelling shall have a minimum first floor area of 3,000 square feet.
(Ord. 2023-6. Passed 6-15-23.)