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Newark City Zoning Code

CHAPTER 1274

Accessory Structures

1274.01 ACCESSORY STRUCTURES ALL DISTRICTS.

   (a)   For purposes of this chapter, accessory structures are detached from the principal building.
   (b)   Any structure connected to another is considered attached when it is joined by a common architectural feature, such as a roof, which does not allow snow or rain.
   (c)   Buildings and structures are not considered attached when the connection is open, such as a trellis.
   (d)   When an accessory structure is attached to a principle building, the resulting combined structure shall comply with all setback requirements for the principle building.
(Ord. 08-33. Passed 5-4-09.)

1274.02 ACCESSORY STRUCTURES IN THE CD, AD, RMH, SFC, MFR, MFC AND MFH DISTRICTS.

   Accessory structures in these districts shall comply with the standards required in the applicable district.
(Ord. 08-33. Passed 5-4-09.)

1274.03 ACCESSORY STRUCTURES IN THE RS, RL, RM, RH, RZLL AND TFR DISTRICTS.

   (a)   General.
      (1)   There shall be no more than two accessory structures per lot.
      (2)   No accessory structure may be erected or constructed prior to the erection or construction of the principal or main building.
      (3)   No accessory structure shall be located in any yard or court except the rear yard or as provided in subsection (d) hereof.
      (4)   Setback distances shall be measured to the wall or supporting elements of a structure with the limitation of a twelve inch maximum projection of items including, but not limited to, overhangs. Gutters connected to the fascia board may project an additional six inches.
   (b)   Lot Area and Setbacks.
      (1)   No accessory structure or combination of structures shall occupy more than thirty-five percent of the rear yard.
      (2)   Accessory structures shall be a minimum of three feet from any lot line of an adjoining lot, five feet from any lot line adjoining an alley along the rear of the lot, and five feet from any lot line adjoining an alley along the side of the lot, but not within ten feet of the intersection of the property lines along the side and rear alleys.
   (c)   Corner Lots. In the case of a corner lot the accessory structure shall be set back from the lot line adjoining the side street a distance equal to the front yard setback of the district plus five feet but in no case less than twenty-five feet.
   (d)   Steep Slopes – Front Yard Garage. In any R-District where the natural grade of a lot within the front yard has a slope of such a degree that it is not practicable to provide a driveway to a private garage, such garage may be located within the front yard when authorized by the Board in accordance with Chapter 1234 .
(Ord. 08-33. Passed 5-4-09; Ord. 17-04. Passed 4-17-17.)

1274.04 ACCESSORY STRUCTURES IN THE CSI, LO, GO, LB, MB, GB, HB, LC, GC, LI, AND GI DISTRICTS.

   (a)   General. No accessory structure shall be located in the front or side yard. There shall be no more than one accessory structure for each principle structure.
   (b)   Setbacks. Accessory structures shall comply with the setback requirements of the district for principal buildings, unless otherwise allowed in the applicable district.
(Ord. 08-33. Passed 5-4-09.)

1274.05 ACCESSORY STRUCTURES IN THE DC DISTRICT.

   (a)   General. No accessory structure shall be located in the front or side yard. There shall be no more than one accessory structure for each principle structure.
   (b)   Setbacks. No accessory structure shall be less than twenty-five feet from a property line adjoining a public street and there shall be a minimum of three feet from any lot line of an adjoining lot; five feet from any lot line adjoining an alley along the rear of the lot; and ten feet from any lot line adjoining an alley along the side of the lot.
(Ord. 08-33. Passed 5-4-09.)

1274.06 ACCESSORY STRUCTURES IN THE PUD DISTRICT.

   The size and location of all accessory structures shall be approved by the Planning Commission.
(Ord. 08-33. Passed 5-4-09.)

1274.07 SHIPPING CONTAINERS AND OTHER RELATED STRUCTURES.

   The use of property for the placement, use and storage of shipping containers shall be authorized only as follows:
   (a)   Permitted uses: Shipping containers are permitted in industrial, business, office and commercial zoning districts only, subject to the following conditions and restrictions:
      (1)   The shipping containers are used in the active transport of goods, wares or merchandise in support of a lawful principal use of the property.
      (2)   The shipping containers are placed or stored in areas depicted on an approved final site plan. Shipping containers placed or stored on a property for no longer than four months in a calendar year shall be exempt from site plan approval.
      (3)   The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial zoning district and landscape buffer yards required under the Zoning Code. Shipping containers placed or stored on a property for no longer than four months in a calendar year shall be exempt from the requirements for principal building setbacks and landscaping but shall be required to obtain a permit issued by the Zoning Inspector and comply with setbacks for accessory structures in the industrial zoning district. Notwithstanding anything to the contrary, setbacks for shipping containers shall be measured from all abutting streets, whether public or private.
      (4)   Shipping containers may be stacked in industrial zoning districts only, provided that the Board of Zoning Appeals first issues a conditional use permit for any new area of land used for stacking of shipping containers, whether in connection with a new operation or expansion of an existing footprint of lawfully stacked shipping containers. Only block storage is permitted, so that the number of containers stacked vertically must be equaled or exceeded by the number of containers placed side-by-side. Additionally, the stacked containers shall comply with the Ohio Fire Prevention Code.
   (b)   Conditional uses: Shipping containers shall be deemed conditional uses in the industrial zoning districts for (1) stacking of shipping containers on new areas of land, whether in connection with a newly approved operation or expansion of an existing footprint of lawfully stacked containers; or (2) location in an area designated for industrial use in an approved planned unit development ("PUD").
   (c)   Prohibited uses: The use of property for the placement or storage of shipping containers is prohibited throughout the City as follows:
      (1)   Any use, placement or storage of shipping containers that is not related to, or in support of, the active transport of goods, wares and merchandise.
      (2)   Shipping containers may not be placed, stored, or used on property located in a PUD except in an industrial zoning designation or district, as the case may be, with a conditional use permit.
      (3)   In no event shall shipping containers be placed, stored or use for any purpose on property zoned or used principally for residential purposes or property located in a conservation zoning district.
      (4)   No shipping container shall be used as a residence or to support a residential use or home occupation.
      (5)   No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces.
      (6)   No shipping container shall be used to store solid waste, as defined in Ohio R.C. Chapter 3734, unless approved as part of a lawful solid waste management facility.
      (7)   No shipping containers shall be stacked other than in industrial zoning districts with a conditional use permit.
(Ord. 23-22-A. Passed 9-5-23.)

1274.08 TEMPORARY STRUCTURES/STORAGE UNITS/PODS AND BINS.

   Any placement of a temporary storage unit, bin, structure or pod requires a temporary storage permit. The Zoning Inspector will issue such permit.
   (a)   Must be placed a minimum of five (5) feet from the property line, or on the driveway of the lot.
   (b)   No temporary structure, storage unit, pod or bin located in a residential or mixed use district shall have dimensions greater than twenty (20) feet in length, eight (8) feet in height, or eight (8) feet in width.
   (c)   Other than the required City permit, no sign shall be attached to the temporary structure, storage unit, pod or bin except as authorized by the sign regulations set forth within Chapter 1294.
   (d)   All temporary structures, storage units, pods or bins shall be maintained in a condition free from rust, peeling paint, and other visible forms of deterioration.
   (e)   Temporary structures, storage units, pods or bins shall not encroach upon the right-of-way, neighboring property, sidewalk or be placed in the street.
   (f)   Any permit issued will be valid for thirty (30) days from the date of issuance. Only two (2) permits may be issued per calendar year, provided that ninety (90) days has expired between the issuance of the first permit and the second permit.
(Ord. 23-22-A. Passed 9-5-23.)