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Independence City Zoning Code

TITLE ELEVEN

Zoning Height and Area Regulations

1161.01 HEIGHT LIMITATIONS.

   (a)   No building or structure shall be erected to a height in excess of two and one-half stories or in excess of thirty-five feet, except as provided in subsections (b) and (c) hereof.
   (b)   Permitted U-5 uses in the U-5 use districts which abut or which are contiguous to the north side of Rockside Road, and which abut or which are contiguous to the south side of Rockside Road from Interstate 77 west to the Seven Hills border, may be erected to a height not in excess of five stories and not in excess of sixty feet, provided that adequate fire lanes of at least twenty feet in width for fire service to such buildings are established and are shown on the building plan and are approved by the Fire Chief and the Planning Commission.
(Ord. 1975-6. Passed 3-25-75.)
   (c)   Permitted U-5 uses in the U-5 use districts may be erected to a height not in excess of forty feet. (Ord. 1997-43. Passed 12-9-97.)

1161.02 HEIGHT DISTRICT EXCEPTIONS.

   The provisions of Section 1161.01 shall not apply to restrict the height of a church spire, belfry, clock tower, chimney flue, elevator bulkhead, air conditioning unit or other necessary accessory building equipment normally maintained above the roof line, but such provisions shall apply to all other structures, including towers and water tanks. Elevator bulkheads, air conditioning units or other necessary building equipment extending above the roof line of a building shall be enclosed with a solid cover designed to conform to the architectural style of the building so as to provide an adequate and aesthetic screen.
(Ord. 1975-6. Passed 3-25-75.)

1161.03 PERMISSION TO EXCEED ESTABLISHED HEIGHT.

   The Board of Zoning Appeals may, after public notice and hearing and subject to such conditions and safeguards as the Board may prescribe to protect the appropriate use of neighboring property, permit the erection of a building or portion of a building covering not more than twenty-five percent of the area of the lot to a height in excess of the limits prescribed in Sections 1161.01 and 1161. 02, or may permit the erection of any other structure in excess of the limits prescribed in Sections 1161.01 and 1161.02, which permission shall be confirmed by resolution of Council before becoming effective. The Board shall treat any such request to exceed the height limitations as a variance from the Zoning Code and it shall make specific findings of fact as required by the Charter and ordinances before granting any such variance.
(Ord. 1975-6. Passed 3-25-75.)

1161.04 PARAPET WALL OR CORNICE.

   Nothing in this Zoning Code shall prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows extending above such height limit not more than three feet.
(Ord. 472. Passed 11-24-25.)

1163.01 MINIMUM LOT AREAS IN U-1 DISTRICT.

   In a Class U-1 District not having sanitary sewers, no dwelling shall be erected or altered unless the lot upon which such dwelling is erected contains at least 25,000 square feet of area; provided further that if the area of such recorded lot is less than 25,000 feet, no dwelling may be erected until the Municipal Engineer has approved the plans for sanitary facilities thereon and determines that no nuisance or pollution or water will be discharged onto adjacent property from such lot, and in making such determination, the Engineer shall consider the type of soil, drainage and layout of such facilities.
   In a Class U-1 District having sanitary sewers, no dwelling shall be erected or altered unless the lot upon which such dwelling is erected contains at least 20,000 square feet of area.
(Ord. 2013-22. Passed 12-13-10.)

1163.02 ACCESS.

   No building shall be erected upon a lot or property which does not have frontage upon a dedicated and improved public street, unless the Inspector of Buildings, Board of Zoning Appeals, Chief of Police and Fire Chief determine that such building and property are provided with satisfactory and adequate access to a dedicated public street for purposes of police and fire protection and for the protection of life and property, and provided with satisfactory access to and connections for necessary utilities.
(Ord. 1958-47A. Passed 12-9-58.)

1163.03 MINIMUM LOT WIDTH.

   In a Class U-1 District not having sanitary sewers, no dwelling shall be erected on a lot having an average width of less than 125 feet and having an average depth of less than 200 feet.
   In a Class U-1 District having sanitary sewers, no dwelling shall be erected on a lot have a minimum width of less than 100 feet at the building line, having an average depth of less than 200 feet, and not less than 60% of the average total lot width abutting the dedicated street. (Ord. 2013-22. Passed 12-10-13.)

1163.04 BUILDING SETBACK IN CLASS U-1 DISTRICT.

   In a Class U-1 District every dwelling or other building shall be set back a distance of seventy-five feet from the street line, and no building or portion of a building may be erected between the street line and building line except that a roof, overhang cornice, steps, entranceway or a one-story porch may be constructed between the building line and the street line. Provided, however, that on any existing lot of less than 200-foot depth, on any lot on a portion of a street which is predominantly developed with buildings set back less than seventy-five feet, or where topography of the land does not permit adherence to this requirement, the Board of Zoning Appeals may, in specific instances, permit a lesser setback, but not less than forty feet, when such lesser setback will not materially prejudice or adversely affect the use of neighboring property and will result in a more harmonious and desirable development of such lot and street. Provided further that the setback of buildings from the street line on Pleasant Valley Road east of Brecksville Road shall be 100 feet.
(Ord. 1979-59. Passed 11-13-79.)

1163.05 BUILDING SETBACK ON CORNER LOT.

   In a Class U-1 District along the side line of a corner lot, the distance of the building line from the street line shall be at least fifteen percent of the average width of such lot, but not less than twenty-five feet.
(Ord. 1989-8. Passed 6-13-89.)

1163.06 BUILDING SETBACK IN CLASS U-4 DISTRICT.

   In a Class U-4 District buildings shall be set back the following distances from the street line:
 
(a)    East side of Brecksville Road, Valley View Road North to end of U-4 Zone
42 feet
(b)    East side of Brecksville Road, Valley View Road South to Stone Road
55 feet
(c)    All other U-4 zones
55 feet
(Ord. 1957-2. Passed 3-12-57.)

1163.07 BUILDING SETBACK IN CLASS U-5 AND U-6 DISTRICTS.

   In Class U-5 and U-6 Districts buildings shall be set back at least 100 feet from the street line except that on any lot of shallow depth or on any lot in either of such districts where adjacent property is developed with buildings closer to the street line than 100 feet, or where topography of the land does not permit adherence to this requirement, the Board of Zoning Appeals may, in specified instances, permit a lesser setback, but not less than fifty feet, when such setback will not materially prejudice or adversely affect the use of neighboring property and will result in a more harmonious and desirable development of such lot and street.
(Ord. 1960-16. Passed 6-28-60.)

1165.01 SIDE YARDS IN RESIDENCE DISTRICTS.

   In a Class U-1 District for every building erected there shall be a side yard along each lot line other than a front line or a rear line. In lots having a width of less than 100 feet at the building line, at least twenty percent of such width shall be devoted to side yards, and the least dimension of any side yard shall be not less than six feet. In lots having a width of 100 feet or more at the building line there shall be a side yard of at least fifteen feet on each side of such lot. (Ord. 1957-24. Passed 9-10-57.)

1165.02 REAR YARDS IN RESIDENCE DISTRICTS.

   In a Class U-l District every dwelling erected shall have a rear yard. The least dimension of such rear yard shall be twenty percent (20%) of the depth of the lot and in no event shall be less than forty feet. Accessory uses, buildings and other structures are permitted as provided in Section 1143.02.
(Ord. 1992-37. Passed 4-13-93.)

1165.03 SIDE AND REAR YARDS IN U-4, U-5 AND U-6 DISTRICTS.

   (a)    In a Class U-4, U-5 or U-6 District where the side line of the lot abuts a residential district, no building shall be erected within seventy-five feet of an abutting residential district. The first twenty-five feet of yard abutting a residential district shall be maintained as open space and a wall or fence or an evergreen hedge, at least five and one-half feet high, may be required by the Planning Commission to be provided along the side or rear lot line of the U-4, U-5 or U-6 lot. Plans showing the location and type of structural or landscape features, such as walls, fences, shrubs, ground cover or hedges, must first be submitted to the Planning Commission for its approval prior to the issuance of any building permit on the U-4, U-5 or U-6 lot.
   (b)    In a Class U-4, U-5 or U-6 District where the rear line of the lot adjoins a Class U-l District, every building erected shall have a rear yard. The least dimension of such rear yard shall be at least twenty percent (20%) of the depth of the lot, but such least dimension need not be more than 100 feet, provided such least dimension shall in no case be less than one-half of the height of the principal building.
(Ord. 1966-34. Passed 12-13-66.)

1165.04 SIDE AND REAR YARD EXCEPTIONS.

   (a)    Except as otherwise provided in the Zoning Ordinance, the area required in a front, side 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, other ornamental features, chimneys, bay windows and other similar features approved by the Building Commissioner as in keeping with the intent of this section. However, within five feet of the building wall, a cornice may project up to three feet into such yard, and if the building is not over two and one-half stories in height the cornice may project up to two and one-half feet into such yard.
(Ord. 1992-37. Passed 4-13-93.)
   (b)    A building and any accessory building erected on the same lot shall, for the purpose of side and rear requirements, be considered as a single building.
(Ord. 472. Passed 11-24-25.)