Springboro City Zoning Code
CHAPTER 1272
Supplementary Regulations
1272.01 GENERAL STANDARDS APPLICABLE TO ALL ACCESSORY STRUCTURES.
(a) Use. The use of the accessory building must be secondary and incidental to the principal use.
(b) Principal Building Required. Accessory structures or buildings shall only be constructed on a lot that contains a principal building. No accessory structure or building shall be constructed on a lot that does not have a principal building.
(c) Appearance. The exterior façade materials and architectural design of all accessory structures shall match the character of the principal building. The overall appearance of the structure shall be in accordance with the purpose of the district where it is located.
(d) Temporary Accessory Structures. Temporary accessory structures that do not require permanent attachment to the ground but have similar characteristics as an accessory structure and are intended to serve the same purpose as an accessory structure with permanent attachment, such as moveable carports, are prohibited. (Ord. 0-15-4. Passed 2-19-15.)
1272.02 ACCESSORY BUILDINGS.
(a) Attached Accessory Buildings. An accessory building which is attached to the principal building shall comply with all the requirements and regulations that are applicable to the principal building.
(b) Detached Accessory Buildings. Detached accessory buildings shall comply with the requirements of the following Table 8:
Table 8. Requirements for Detached Accessory Buildings
Max. Height (Ft.) | Max. Building Coveage * (based on usable building space) | Location** | No current | Setback Requirements | ||
From principal structure | From side property line | From rear property line | ||||
R-1 | 15 | 10% | Rear | 15 feet | 10 | 10 |
R-2 | 15 | 10% | Rear | 15 feet | 5 | 5 |
R-3 | ||||||
Single-Family Detached | 20 | 10% | Rear | 15 feet | 5 | 5 |
Single-Family Attached | 20 | 10% | Rear | 15 feet | 5 | 5 |
Apartment | 20 | 10% | Rear | 15 feet | 5 | 25 |
Condominium | 20 | 10% | Rear | 15 feet | 5 | 25 |
O-R | 35 | 15% | Rear | 15 feet | 10-main bldg. | 40 - main bldg. |
O | 35 | 25% | Rear or Side yard | 15 feet | 40 | 40 |
LBD | 40 | 25% | Rear or Side yard | 15 feet | Min. required in Zoning District | Min. required in Zoning District |
HBD | 35 | 25% | Rear or Side yard | 15 feet | 10 | 10 |
CBD | 40 | 10% | Rear | 15 feet | Min. required in Zoning District | Min. required in Zoning District |
ED | 20 | 25% | Rear or Side yard | 15 feet | Determined by PC via site plan review | Determined by PC via site plan review |
M-1 | 40 | 25% | Rear or Side yard | 15 feet | Min. required in Zoning District | Min. required in Zoning District |
M-2 | 40 | 25% | Rear or Side yard | 15 feet | Min. required in Zoning District | Min. required in Zoning District |
* "Usable building space" as used in the preceding Table 8 means that area of the rear yard that remains after allowing for the side yard and rear yard requirements and the setback requirements for the principal building and any existing accessory or other type buildings in the rear yard, excluding swimming pools.
** For corner lots, a detached accessory structure may be located in areas A and B illustrated in Figure 4, provided all other requirements of the preceding Table 8 are met. Where there is not sufficient area on a corner lot to locate a detached accessory structure, a detached accessory structure may be placed not less than 5 feet behind the front line of the house in either area C1 or C2 as illustrated in Figure 4, provided all other requirements of the preceding Table 8 are met.
Figure 4. Allowable Side Yard Areas on Corner Lots Where Detached
Accessory Structures May Be Permitted
 |
(Ord. 0-15-4. Passed 2-19-15
; Ord. O-20-2. Passed 1-2-20.)
1272.03 DECKS.
(a) Setbacks. The outer perimeter of a detached deck may extend into a side or rear setback area but in no case shall be located closer than 5 feet to a side or rear property line. Attached decks shall meet the minimum setback requirements of the zoning district.
(Ord. 0-15-4. Passed 2-19-15.)
1272.04 FENCES, WALLS AND HEDGES.
Any fence or wall shall be well maintained, harmonious and appropriate in appearance with the existing character of the immediate area in which it is to be located, and shall not be hazardous or disturbing to existing or future neighboring uses.
(a) Residential Districts.
(1) Design. Split rail, wrought iron, picket or other decorative fence as approved by the Planning Commission. Chain link fences may be permitted, but shall not have slats, fabric, or other screening attached.
(2) Front Yard Height. The maximum height shall be 4 feet.
(3) Rear and Side Yard Height. The maximum height shall be 6 feet,6 inches.
(4) Materials. Barbed wire and other similar hazardous materials shall be prohibited in residential districts.
(b) Nonresidential Districts.
(1) Front Yard Height. The maximum height shall be4feet.
(2) Rear and Side Yard Height. The maximum height shall be 6 feet,6 inches.
(3) Outdoor Storage Areas. In the case of walls required to screen outdoor storage areas, the wall height shall be 1foot higher than the material to be screened, but shall not exceed 12 feet.
(c) Olde Springboro Historic Preservation District. The fence requirements for Olde Springboro Historic Preservation District shall be as follows:
(1) Design. Wrought iron, picket or other decorative fence as approved by the Architectural Review Board. All fences in the Olde Springboro Architectural District shall be of a type in harmony with the architecture of the area.
(2) Front Yard Height. The maximum height shall be 3 feet.
(3) Rear and Side Yard Height. The maximum height shall be 6 feet.
(d) General Requirements. All fences and walls shall comply with the following general requirements:
(1) Screening Walls. Any wall used for screening purposes shall be constructed of masonry material (e.g., brick, decorative stone) that is architecturally compatible with the materials used on the facade of the principal building on the site. Concrete block may only be used for screening walls in the rear yard.
(2) Maintenance. Walls and fences shall be maintained in good condition. Rotten, crumbled, or broken components shall be replaced, repaired, or removed.
(3) Prohibited Obstructions.
A. Right-of-Way. Fences and walls shall not be erected within the public right-of-way.
B. Corner Clear Vision Area. Any fence erected in a clear vision area (see Section 1262.08) shall have a minimum of 60 percent of the area of the vertical surface open to light and air.
C. Obstruction of Adjacent Uses Prohibited. No wall or fence may be erected where it will prevent or obstruct the use of any adjacent parcel, nor shall a wall or fence be erected where it would prevent or obstruct the safe use of an existing driveway or other means of access to any adjacent parcel. In enforcing this provision, the City may require a wall or fence to be set back a minimum distance from a driveway or property line.
(4) Orientation Of Finished Side. All horizontal supports or braces shall face to the inside of the properties along which the fence will be installed, and the finished side shall face neighboring properties or street rights-of-way (see Figure 5. Fence Orientation below).
Figure 5. Fence Orientation
 |
(5) Site Drainage and Utilities. Fences and walls shall not be erected in a manner that obstructs the free flow of surface water or causes damage to underground utilities. Any changes to existing grade shall require approval by the City Engineer.
(6) Location. Fences and walls shall be located completely within the boundaries of the lot to which they are associated.
(e) Site Plan. All fencing installed shall require a site plan showing property lines and a to-scale drawing showing the location of the fence, style, color, size and material type.
(f) Site Plan Review and Zoning Certificate Required. Prior to construction, a Zoning Certificate shall be obtained as set forth in Chapter 1283 of the Codified Ordinances. (Ord. 0-15-4. Passed 2-19-15.)
1272.05 CONVERSION OF DWELLINGS TO MORE UNITS.
In R-2 and R-3 Districts, a residence may be converted to accommodate an increased number of dwelling units, provided that:
(a) The yard dimensions still meet the yard dimensions required by this Zoning Code for new structures in the district involved.
(b) The lot area per dwelling unit shall equal the lot area requirements for new structures in the district involved.
(c) The number of square feet of living area per dwelling unit is not reduced to less than that which is required for new construction in the district involved.
(Ord. 0-15-4. Passed 2-19-15.)
1272.06 PRIVATE SWIMMING POOLS.
No private swimming pool capable of containing water to a depth at any point greater than 24 inches shall be allowed in any Business or Residential District, except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants and their nonpaying guests of the principal use of the property on which it is located.
(b) The pool may not be located, including any walk, paved area or accessory structure adjacent thereto, closer than 10 feet to any property line of the property on which it is located.
(c) Barrier, Outdoor Swimming Pool. An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with the following:
(1) The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm).
(2) Openings in the barrier shall not allow passage of a 4- inch-diameter (102 mm) sphere.
(3) Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
(4) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width.
(5) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches (44 mm) in width
(6) Maximum mesh size for chain link fences shall be a 2.25-inch (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches (44 mm).
(7) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1.75 inches (44 mm).
(8) Access gates shall comply with the requirements of items (1) through (7) herein, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, the release mechanism and openings shall comply with the following:
A. The release mechanism shall be located on the pool side of the gate at least 3 inches (76 mm) below the top of the gate, and
B. The gate and barrier shall have no opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
(9) Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met:
A. The pool shall be equipped with a powered safety cover in compliance with ASTM F 1346-91 Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs, or a succeeding standard; or
B. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and/or its screen, if present, are opened. The audible alarm shall sound continuously for a minimum of 30 seconds immediately after the door and/or its screen, if present, are opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 millimeters) above the threshold of the door; or
C. Other means of protection, such as self-closing doors with self-latching devices shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by Item A. or B. described above.
(10) Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then:
A. The ladder or steps shall be capable of being secured, locked or removed to prevent access, or
B. The ladder or steps shall be surrounded by a barrier which meets the requirements of terms 1 through 9, above. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
(d) Barrier, Indoor Swimming Pool. An indoor swimming pool must be totally contained within a structure and surrounded on all 4 sides by walls of said structure that comply with subsection (c) hereof.
(Ord. 0-15-4. Passed 2-19-15.)
1272.07 COMMUNITY AND CLUB SWIMMING POOLS.
Community and club swimming pools are permitted in all districts, but 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 the members of the association or club under whose ownership or jurisdiction the pool is operated.
(b) The pool and accessory structures thereto, including the area used by the bathers, shall not be closer than 50 feet to any property line of the property on which it is located.
(c) The pool and all of the area used by the bathers shall be walled or fenced pursuant to the Ohio Building Codes. Such wall or fence shall be not less than 4 feet in height and shall be maintained in good condition.
(Ord. 0-15-4. Passed 2-19-15.)
1272.08 MINIMUM LOT SIZES FOR ANY RESIDENTIAL DISTRICT ABUTTING AN R-1 DISTRICT.
The minimum lot size allowed for any lot directly adjacent to the R-1 District or PUD shall be the same as that required by the adjacent District if the lot size in the adjacent District is larger. This restriction does not apply to any lots of record existing as of the effective date of this section (Ordinance 639, passed May 5, 1977), or to any area where a preliminary plan has been approved by the City prior to the effective date of this section (Ordinance 639, passed May 5, 1977). In special cases, where either natural buffers exist or are created by the owners of adjacent properties, the Planning Commission may waive this requirement.
(Ord. 0-15-4. Passed 2-19-15.)
1272.09 PEDESTRIAN, BICYCLE CIRCULATION.
A well-designed pedestrian and bicycle circulation system is essential and should be integrated as completely and as reasonably as possible with the vehicular street system in order to provide pedestrian and bicycle safety and freedom of vehicular movement. All site plan applications shall include a pedestrian and bicycle circulation system. This system shall be designed to serve the pedestrian and bicycle needs of surrounding neighborhoods as well as the development, and it shall meet the standards of any City bicycle and/or pedestrian plan.
(Ord. 0-15-4. Passed 2-19-15.)
1272.10 EROSION AND SEDIMENTATION CONTROL.
Effective erosion and sedimentation controls shall be planned and applied according to the following principles:
(a) The smallest practical area of land should be exposed at any one time during development.
(b) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(c) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(d) Sediment basins (debris basins or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
(e) Provisions shall be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(f) Permanent final vegetation and structures shall be installed as soon as practical in the development.
(g) The development shall be fitted to the topography and soils so as to create the least erosion potential.
(h) Wherever feasible, natural vegetation should be retained and protected. All development must conform to the municipal tree ordinance.
(Ord. 0-15-4. Passed 2-19-15.)
1272.11 TEMPORARY STRUCTURES, CONSTRUCTION EQUIPMENT AND MATERIALS.
Temporary buildings, construction trailers, portable storage units, 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 structures, equipment or materials shall be removed within 15 days of completion of the construction work. The storage of such structures, equipment or materials beyond the completion date of the project shall require a special permit authorized by the Board of Zoning Appeals.
(Ord. 0-15-4. Passed 2-19-15.)
1272.12 R-3 OPEN SPACE PROVISIONS.
R-3 District Open Space Requirements. For single-family attached and single-family detached homes, apartments and condominiums, at least 25percentof the total area in a proposed gross development area (DA) permitted under this section shall be dedicated to open space or recreation facilities exclusive of dwellings, streets, parking areas and other impervious areas where the land is not open to the sky. Such open space shall be clearly shown on the site plan and shall be physically situated so as to be readily accessible to, available to, and usable by, all residents of the net development area.
(a) Maintenance of Common Open Space and Conveyance Procedures.
(1) Provisions acceptable to the Planning Commission must be included in the site plan for maintenance of all common open spaces in the gross development area. All common open space shown on the site plan must be conveyed by leasing or conveying title (including beneficial ownership) to a corporation, homes association or other similar entity. The terms of such lease or other instrument of conveyance must include provisions suitable to the Planning Commission for guaranteeing:
A. The continued use of such land for intended purposes;
B. Continuity of proper maintenance;
C. When appropriate, the availability of funds required for such maintenance;
D. Adequate insurance protection; and
E. Recovery for loss sustained by casualty, condemnation or otherwise.
F. In any event, the developer must file legal documents which will produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for the designated purposes as a requirement of the site plan.
(Ord. 0-15-4. Passed 2-19-15.)