Kirtland Hills City Zoning Code
CHAPTER 1153
Supplemental Regulations
1153.01 SIMILAR USES.
The Planning and Zoning Commission may permit uses to be established in any zoning district where such uses are determined by the Commission to be similar to and in keeping with the uses expressly permitted in the district. No such similar use shall be permitted or established unless the Commission shall first determine that said use will be in harmony with the established uses in the area and that the use will not, in the judgment of the Commission, impair or diminish the appropriate use or the value of neighboring properties.
Under no circumstances shall any of the following uses be permitted in any zoning district at any time:
(a) Junk yards, automobile graveyards, or places for storing, dismantling, disposing of or wrecking vehicles.
(b) Dumps, or places for the collection, storage, disposal, burying or burning of garbage, refuse, waste paper, scrap metal, rubbish or dead animals, or toxic wastes.
(c) Trailer parks.
(d) Motels.
(e) EDITOR’S NOTE: Former subsection (e) hereof was deleted by Ordinance 08-13- 09.
(f) Commercial identification signs advertising a business, product or service not located on the same premises as the sign.
(g) Gravel pits, quarries, or the stripping of top soil.
(h) Deposit of soil, gravel, sand, or other materials except as part of building construction in accordance with approved plans for which a permit has been issued.
(i) Penal institutions, hospitals, sanitariums or rest homes.
(j) Free standing signs other than real estate signs.
(Ord. 3-89-05. Passed 3-1-89.)
(k) Cemeteries with a conditional use permit.
(Ord. 08-13-09. Passed 8-19-13.)
1153.02 ACCESSORY STRUCTURES.
(a) No accessory building or structure shall be erected or used prior to the erection and use of the main structure or building.
(b) The total area of all accessory buildings or structure on any lot shall not exceed twenty-five percent (25%) of the floor area of the main structure or building provided that the total of the floor area of all accessory buildings on any lot may be up to one thousand (1,000) square feet regardless of the floor area of the main building.
(c) All accessory buildings or structures shall meet the minimum setback requirements for the main structure or building, but in no event shall the front yard setback of the accessory building or structure be less than the main or primary building or structure.
(Ord. 07-98-10. Passed 7-20-98; Ord. 03-24-02. Passed 6-24-24.)
1153.03 FENCES, WALLS AND OTHER FRONT YARD STRUCTURES.
(a) Within the front yard set back, fences shall not exceed five feet in height and walls shall not exceed three feet in height. Fences within the front yard set back shall be limited to split rail, board or picket type fences which are not less than fifty percent (50%) open, except as otherwise approved by the Planning and Zoning Commission.
(b) Fences not exceeding six feet in height shall be permitted in the rear and side yard of a lot, except as provided in subsections (g) and (h) hereof.
(c) No fencing shall be constructed or erected without the issuance of a zoning certificate of compliance.
(d) Except as set forth in subsection (a) hereof, all side and rear yard fences shall require approval of the Planning and Zoning Commission.
(e) Except as set forth in subsection (a) hereof, all front yard structures shall require approval of the Planning and Zoning Commission.
(f) No fence, wall, pillar, gate or other structure shall be erected or constructed within any road right of way.
(g) A fence may be installed for purposes of deer deterrence complying with the following:
(1) Shall only be located in the rear yard and set back at least twenty (20) feet from all property lines.
(2) Shall not exceed eight (8) feet in height.
(3) Shall not enclose an area greater than one thousand five hundred (1,500) square feet.
(4) Shall only be constructed of posts with open-appearing netting, wire, woven wire, or chain link. Fence material colors shall be green or black, or other color approved by the Planning Commission.
(5) Exceptions to the provisions of subsections (g)(1), (2), (3) and (4) may be approved by the Planning Commission upon consideration of impacts on abutting properties including but not limited to location, appearance, and enclosure purpose.
(h) A fence may be installed for purposes of enclosing a recreational facility such as a tennis court, pickleball court, or similar and complying with the following:
(1) Shall only be located in the rear yard and set back at least twenty (20) feet from all property lines.
(2) Shall not exceed ten (10) feet in height.
(3) Shall enclose an area not greater than seven thousand two hundred (7,200) square feet.
(4) Shall only be constructed of posts with open-appearing netting, wire, woven wire, or chain link.
(i) For purposes of this section a “fence” means an artificially constructed barrier, ususally in the form of an upright panel, constructed or erected to enclose, screen, or separate areas. (Ord. 03-24-03. Passed 6-24-24.)
1153.04 PARKING REQUIREMENTS.
(a) Standards.
(1) Parking spaces. The minimum dimensions of parking spaces intended for private passenger automobiles shall be ten feet wide by twenty feet in length.
(2) Access and drives. Adequate and safe access to parking areas shall be constructed with widths and in locations as approved by the Commission and/or Architectural Board of Review. Access drives shall be surfaced as required for parking lots, provided however, that single family dwellings may be permitted gravel drives.
(3) Parking lots. All parking lots shall be constructed of portland cement concrete pavement or asphaltic concrete. Pavements shall conform to the following Ohio Department of Transportation specification:
A. Portland Cement Concrete:
Six inches of #452 plain portland cement
Three inches of #304 aggregate base.
B. Asphaltic Concrete:
One inch of #404 asphalt
Two inches of #402 asphalt
Six inches of #301 bituminous aggregate base.
Parking areas shall be graded and drained to provide positive drainage and to minimize standing water. Every parking lot designed for ten or more vehicles shall have pavement markings to delineate the spaces.
Drive aisles within parking lots shall have a minimum width to ensure safe maneuvering of vehicles of 18 feet for one-way and 22 feet for two-way traffic flow.
(b) Spaces Required. At the time of erection, enlargement or reoccupancy of any main building there shall be provided adequate off-street parking in compliance with the following schedule:
Use | Minimum Parking Spaces |
Single Family Dwellings | 2 spaces per dwelling |
Schools - elementary or junior high | 2 spaces per classroom |
- high school | 6 spaces per classroom |
Churches | 1 space for each 2 seating capacity of the main hall |
Retail Stores | 1 space for each 250 square feet of gross floor area |
Offices | 1 space for each 250 square feet of gross floor area |
Gasoline stations | 1 space for each 250 square feet of retail floor area plus 1 per employee |
Financial Institutions | 1 space for each 250 square feet of gross floor area. |
(Ord. 3-89-05. Passed 3-1-89.)
1153.05 SIGNAGE.
(a) General Provisions. No sign shall employ any parts or elements which revolve, rotate, whirl, spin, flutter, or otherwise make use of motion to attract attention. No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers or similar devices. Such devices, as well as strings of lights, shall not be used for the purpose of advertising. No sign shall employ flashing, moving, or intermittent lights or lights of changing degrees of intensity except a sign indicating time or temperature. No sign shall emit illumination that causes any direct glare into or upon any residential building.
Every sign shall be located on the same lot as the premises, use, product or activity to which it refers. No sign shall have more than two faces. No sign, except those erected and maintained by public agencies for purposes of traffic control, shall be erected in any public right of way. All signs shall be maintained in a safe condition and in a reasonable state of repair.
(b) Commercial Identification Signs. Commercial identification signs shall be erected or painted only upon the front wall of the building occupied by the use which such sign advertises. No such sign shall extend above the roof line of the building or beyond the ends of the wall surface to which it is attached. No commercial identification sign or part thereof shall project more than eighteen inches from the front wall or face of the building.
Each business or occupant shall be permitted one commercial identification sign provided however that the maximum area of such signs on any building shall not exceed one square foot of sign area for each lineal foot of front wall.
No commercial identification sign shall be permitted or erected until it has been reviewed and approved by the Architectural Board of Review as being in harmony with the architectural standards of the area, in conformance with these regulations, and in compliance with such additional architectural requirements as the Board may have established for the building on which it is erected.
(c) Residence and Institution Identification Signs. Residence identification signs shall have a maximum area of four square feet and shall not be illuminated.
Subdivision, public or religious institution identification and information signs shall not exceed sixteen square feet.
(d) Political Signs. Political signs shall be non-illuminated, a maximum area of eight square feet and a maximum height of six feet. There shall be a limit of one political sign per candidate or issue per lot, which may only be displayed for a period commencing the third Saturday before the election and ending five days after the election.
(Ord. 3-89-05. Passed 3-1-89.)
1153.06 SATELLITE DISH ANTENNAS.
Dish type satellite signal receiving stations may be permitted as accessory uses provided that:
(a) Such dish type satellite signal receiving stations shall be located only in rear yards and behind the principal dwelling or structure located on the lot;
(b) Dish type satellite signal receiving stations shall be set back at least 50 feet from all side and rear lot lines;
(c) The maximum height of such dish type satellite signal receiving stations shall be 12 feet and the maximum diameter shall not exceed 10 feet;
(d) Dish type satellite signal receiving stations shall not be placed on rooftops, buildings or other structures;
(e) Screening be provided as required by the Architectural Board of Review;
(f) No such dish type satellite signal receiving stations shall be installed or placed upon any property until a valid permit for the erection of same has been issued by the Architectural Board of Review and the Lake County Building Department.
(Ord. 3-89-05. Passed 3-1-89.)
(g) This section does not apply to satellite dishes two feet or less in diameter.
(Ord. 11-98-25. Passed 1-25-99.)
1153.07 VEHICLES IN FARM AND RESIDENCE DISTRICT.
(a) Vehicles or trailers not used in farm operations on the premises, which are without current license plates, junk or inoperative vehicles shall not be parked or stored on any lot except within a completely enclosed structure.
(b) No recreational vehicle, boat or trailer shall be stored outside of a completely enclosed structure upon any premises without adequate screening that has been approved by the Planning and Zoning Commission based upon a screening plan submitted to the Commission. Approval shall be based on the following factors:
(1) The location of the screened area relative to adjacent residences;
(2) Size and condition of the vehicle;
(3) The view of the screened area from the street: and
(4) The size, quantity and quality of screening.
Adequate screening may consist of building walls, fencing or plantings as approved by the Planning and Zoning Commission.
(c) No commercial vehicle in excess of 5050 pounds or not used in farm operations on the premises shall be parked or stored on any lot except within a completely enclosed structure.
(d) Whoever violates subsections (a), (b) or (c) hereof is guilty of a minor misdemeanor. A separate offense shall be deemed committed upon each day during or on which the violation occurs or continues.
(Ord. 09-99-14. Passed 9-20-99.)