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Strongsville City Zoning Code

CHAPTER 1252

Residential Districts

1252.01 INTENT.

   Residential Districts and their regulations are established in order to achieve, among others, the following purposes:
   (a)    To regulate the bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;
   (b)   To regulate the density and distribution of population in accordance with the objectives of the comprehensive plan to avoid congestion and to maintain adequate services;
   (c)   To provide protection from noxious fumes, odors, dust, excessive noises, invasion of abnormal vehicular traffic and other objectionable influences; and
   (d)    To protect the desirable characteristics of existing residential development, the promotion of stability, the most desirable and beneficial use of the land and bringing about the eventual conformity with the adopted or officially accepted Comprehensive Plan of the City.
      (Ord. 2012-085. Passed 9-17-12.)

1252.02 SCHEDULE OF PERMITTED BUILDINGS AND USES.

   Buildings and land shall be used and buildings shall be erected, altered, moved and maintained only for the uses set forth as permitted in the following schedule:
District
Main Buildings and Uses
Accessory Buildings and Uses
(a) ER
One-family dwellings; community based residential care facilities.
By conditional use permit: public water supply reservoir, tower and pumping station; public sewage treatment works; electrical distribution substation.
Private garages and parking areas; private garden and recreational uses, structures, pools, fences and walls; home offices and occupations; raising of domestic animals, and signage permitted in Chapter 1272.
(b) R1-125
One-family dwellings; community based residential care facilities. By conditional use permit: public water supply reservoir, tower and pumping station; public sewage treatment works; electrical distribution substation.
Private garages and parking areas; private garden and recreational uses, structures, pools, fences and walls; home offices and occupations; raising of domestic animals, and signage permitted in Chapter 1272.
(c) R1-100
One-family dwellings; community based residential care facilities.
By conditional use permit: public water supply reservoir, tower and pumping station; public sewage treatment works; electrical distribution substation.
Private garages and parking areas; private garden and recreational uses, structures, pools, fences and walls; home offices and occupations; raising of domestic animals, and signage permitted in Chapter 1272.
(d) R1-75
One-family dwellings; community based residential care facilities. By conditional use permit: public water supply reservoir, tower and pumping station; public sewage treatment works; electrical distribution substation; provided a conditional use permit is granted in accordance with applicable standards, requirements and procedures as set forth in Section 1242.07 of this Zoning Code.
Private garages and parking areas; private garden and recreational uses, structures, pools, fences and walls; home offices and occuaptions; raising of domestic animals, and signage permitted in Chapter 1272.
(e) R2F
Two-family dwellings and the main uses enumerated in R1-75 District. By conditional use permit, the conditional uses enumerated in R1-75 District.
Recreational uses, pools, fences and walls, storage garages and parking areas for automobiles as accessory to the permitted uses, and signage permitted in Chapter 1272.
(f) OF-C
Cluster dwellings and community-based residential care facilities. By conditional use permit, the conditional uses enumerated in R2F District.
Recreational uses, pools, fences and walls, storage garages and parking areas for automobiles as accessory to the permitted uses, and signage permitted in Chapter 1272.
(g) RT-C
Townhouse and cluster dwellings and community-based residential care facilities. By conditional use permit, the conditional uses enumerated in R2F District.
Storage garages and parking areas for automobiles as accessory to the permitted uses, and signage permitted in Chapter 1272.
(h) RMF-1
Apartments and community-based residential care facilities. By conditional use permit, wireless telecommunications facilities, provided a conditional use permit is granted in accordance with the applicable standards, requirements and procedures as set forth in Section 1242.07 of this Zoning Code
Recreational uses, pool, fences and wall, storage garages and parking areas for automobiles accessory to the permitted uses, and signage permitted in Chapter 1272.
(Ord. 2010-096. Passed 6-6-11.)

1252.03 ACCESSORY USES.

   (a)   Parking and Garage Facilities. Private and storage garages and open off-street parking areas shall be permitted in Residential Districts if accessory to a dwelling, or if the use is considered and approved as a conditional use in accordance with the standards and regulations set forth in Section 1242.07.
   (b)   Home Professional Offices. An office may be permitted in Residential Districts in the home of a person practicing any of the recognized professions including accountant, architect, artist, engineer, lawyer or physician, provided:
      (1)   No assistants other than members of the resident family work therein;
      (2)   The residential character of the dwelling exterior shall not be changed;
      (3)   Equipment which will create any electrical disturbances beyond the premises shall not be utilized; and
      (4)   The number of automobiles attracted to the premise is not greater than permitted in accordance with the provisions of Section 1270.05 of this Zoning Code.
   (c)   Home Occupations. Gainful home occupations may be permitted in certain Residential Districts including home crafts such as baking, dressmaking, millinery, weaving, home decorating, services such as repairing furniture and radios, sharpening tools; office space of businesses or services such as real estate, selling or taking orders for merchandise, contracting work, provided:
      (1)   Only members of the family residing within the dwelling shall work therein;
      (2)   The occupation is conducted wholly within a building and the space used for production and sale does not occupy more than twenty-five percent of the floor area of a detached building;
      (3)   No merchandise shall be sold except that which is produced or processed on the premises;
      (4)   No mechanical equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot;
      (5)   The residential character of the dwelling exterior or accessory building shall not be changed; and
      (6)   Trucks or other mobile equipment shall not be parked overnight in driveways or open yards, and the occupations do not attract any greater number of automobiles to the premise than permitted in accordance with the provisions of Section 1270.05 of this Zoning Code.
   (d)   Renting of Rooms. The renting from a resident family of not more than one room to not more than one person, shall be permitted in any Residential District.
   (e)   Gardens; Domestic Animals. The raising of fruits, vegetables or nursery stock and the keeping of domestic animals for private use is permitted in Residential Districts, provided:
      (1)   Fowl, rabbits or fur-bearing animals may be raised or kept for owner’s use on a lot of not less than 20,000 square feet in area, provided the structure containing such use shall be located not less than fifty feet from all adjoining residential lot lines or any residence; and
      (2)   One horse or pony may be kept on a lot of not less than one and one-half acres, providing the structure containing such use is located not less than 100 feet from all adjoining residential lot lines, or any residence. An additional one-half acre shall be provided for each additional horse or pony.
   (f)   Oil and Gas Well Drilling. Oil and gas well drilling, operation and maintenance may be permitted in all residential districts as permitted by state law.
   (g)   Dish Antenna. A dish antenna may be permitted in Residential Districts if accessory to a dwelling provided that the dish antenna complies with all of the requirements of C.O. Chapter 1474.
   (h)   Wireless Telecommunication Facilities. Wireless telecommunication facilities may be permitted along certain interstate highways in residential districts provided a conditional use permit is granted in accordance with the standards set forth in C.O. Section 1242.07 and in accordance with the provisions of C.O. Chapter 1273.
(Ord. 2012-085. Passed 9-17-12.)

1252.04 AREA, YARD AND HEIGHT REGULATIONS.

   Land and buildings shall be used only in accordance with the lot area regulations; and buildings shall be erected, altered, moved and maintained only in accordance with the area, yard and building height regulations set forth in the following subsections:
   (a)    The area of a zoning lot shall be not less than the area in square feet required for each dwelling unit as set forth in the schedule in Section 1252.05 , multiplied by the number of units in the building.
   (b)    The width of a zoning lot shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located as set forth in Section 1252.05 , or as modified in subsequent sections, and shall be measured at the building line unless specifically set forth otherwise in this Planning and Zoning Code. Each one and two-family lot, townhouse and cluster unit shall abut upon a dedicated street for the required lot or unit width, except that on curved streets the width at the front line may be less, provided the lot width at the building line meets the required lot width of the particular district.
      In R1-75 Residence Districts, corner lots shall have a minimum width of ninety feet to permit appropriate building setbacks from and orientation to both streets.
   (c)    The percent of lot covered by buildings, as set forth in the schedule in Section 1252.05 , shall not be exceeded when the area of the building is divided by the area of the lot.
   (d)   The front yard depth or setback of a zoning lot shall be not less than the depth set forth in the schedule in Section 1252.05 for the type of dwelling or other building permitted in the district in which it is located except:
      (1)   The building setback along certain major arterial and collector streets shall be not less than the setback indicated on the Zoning Map.
      (2)   The building setback along specific local streets shall be in accordance with the schedule in Appendix IV.
      (3)   In R1-75 and R1-100 Districts, the building setback may be varied in new residential one-family developments from fifty and sixty feet respectively to thirty-five feet, provided an average setback of forty-two and a half feet is achieved throughout the subdivision and not more than one-third of the lots in the subdivision have a building setback of forty-two and a half feet. The setback for each lot shall be reviewed and approved by the Engineer and included on the final recorded subdivision plat which may only be varied with a revised plat or approval of the Board of Zoning Appeals.
      (4)   The building setback facing the turn-around on cul-de-sac streets shall be in accordance with Appendix V.
   (e)    Two side yards shall be provided for every one-family and two-family dwelling on a zoning lot. Widths of side yards of a lot shall be not less than the respective dimensions as set forth in the schedule in Section 1252.05 . In no case shall the distance between detached one-family dwellings be less than forty feet in any R1-125 District, twenty-five feet in any R1-100 Residence District or fifteen feet between detached one-family and two-family dwellings in any R1-75 or R2F Residence District. Supplementary regulations for side yards may be found in Sections 1252.06 , 1252.12 , 1252.13 and Chapter 1253 .
   (f)    The rear yard depth of a zoning lot for main buildings shall be not less than the depth set forth in the schedule in Section 1252.05 for the district in which it is located. A detached accessory building shall be located in accordance with yard regulations as set forth in Section 1252.15 .
   (g)    The height of a main building permitted on a zoning lot shall not exceed the number of stories as set forth in the schedule in Section 1252.05 or as modified in Section 1252.23 . The height of accessory buildings shall not exceed the following: private garages, fifteen feet maximum; accessory buildings less than 323 square feet, twelve feet maximum; and accessory buildings 323 square feet or more, fifteen feet maximum.
   The Planning Commission may allow an increase to the height limitation in an RMF-1 District if it finds that such an increase will create added open space on the site thereby improving the overall nature and quality of the proposed design. Any adjustment in height in an RMF-1 District approved by the Planning Commission shall be confirmed by Council before a building permit may be issued.
(Ord. 2012-085. Passed 9-17-12.)

1252.05 SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS.



District

Dwelling Type
Minimum Land Area Per Dwelling Unit (sq.ft.)
Maximum Density (Dwelling Units Per Acre)
Minimum Width of Lot (ft.)
Land Coverage by Building Maximum (%)
ER
1 Family
130,680
0.33
200*
25
R1-125
1 Family
25,000
0.63
125*
25
R1-100
1 Family
17,000
2.0
100*
35
R1-75
1 Family
12,750
2.60
75*
35
R2F
2 Family
8,500
4.0
100*
35
OF-C
Cluster
---
4.0
100*
35
RT-C
Townhouse Cluster
---
6.0
150*
35
RMF-1
Townhouse Cluster
---
6.0
150*
30
Apartment
 
15.0
200*
30
PDA-1
1 Family
9,750
2.75
75*
---
Townhouse Cluster
---
6.0
150*
---
PDA-2
1 Family
9,750
2.75
75*
---
Townhouse Cluster
---
6.0
150*
---
Apartment
---
15.0
200*
---
*Minimum width of lot measured at front lot line; or, as modified in accordance with Section 1252.04(b). In ER Districts, the minimum width of cul-de-sac lots shall be measured at the front building setback line from the private drive.
Minimum Yard Dimensions


District


Dwelling Type

Front Yard Depth (ft.)

Side Yard Depth (ft.)

Rear Yard Depth (ft.)
Height-Main Building (Stories)
ER
1 Family
100
25 - 25
100
3
R1-125
1 Family
70
20 - 20
60
2
R1-100
1 Family
60
10 - 15
50
2
R1-75
1 Family
50
5 - 10
50
2
R2F
2 Family
50*
5 - 10
50
2
OF-C
Cluster
50 or 20*
(a)
(a)
2
RT-C
Townhouse-Cluster
50 or 20*
(a)
(a)
2
RMF-1
Townhouse-Cluster
20*
(a)
(a)
2
Apartment
75
(b)
(b)
3
PDA-1
1 Family
(c)
5-10
35
2
Townhouse-Cluster
20*
(a)
(a)
2
PDA-2
1 Family
(c)
5-10
35
2
Townhouse-Cluster
20*
(a)(b)
(a)(b)
2
Apartment
75
(b)
(b)
3
(a)   Yard dimensions determined by Sections 1252.07 and 1252.08. Cluster 1 Family dwelling units shall be setback not less than 15 feet from any common open space area controlled by the overall homeowner’s association and 35 feet from any single family side or rear property line. Minimum side building spacing between adjacent units shall be 10 feet. Minimum rear yard spacing between adjacent units shall be not less than 50 feet.
(b)    Yard dimensions determined by formula, Section 1252.06.
(c)    Local streets - 30 feet; local collector streets - 40 feet.
* 50' for major arterial, collector and local collector street.
20' for local street measured from nearest edge of street or sidewalk pavement.
  (Ord. 2014-172. Passed 12-1-14.)

1252.06 YARD REGULATIONS; MULTI-FAMILY DWELLINGS.

   In order to encourage greater flexibility in design and more attractive arrangements of buildings and greater utilization of open spaces, yard regulations for multi-family dwellings are hereby established for single building developments and for locating several buildings within a group development.
   The yards of multi-family buildings shall be related to the space within the dwelling units as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking and recreation areas in accordance with the following:
   (a)   Definitions. The terms in this section are defined as follows:
      (1)    "Single development" means a development of one multi-family building on one lot coordinated with the surrounding neighborhood and fronting on a dedicated street.
      (2)    "Group development" means a development of more than one multi-family building on a parcel planned as a unit with access to a dedicated street.
      (3)    "Main wall" means any exterior wall of a multi-family building containing the principal windows of a living, dining and/or sleeping room or rooms.
      (4)    "End or secondary wall" means any exterior wall of a multi-family building other than a main wall and containing secondary windows required for ventilation and not intended to provide direct views.
      (5)    "Overlapping walls" means that portion of the exterior walls which are directly opposing when two buildings, parallel or within thirty degrees of being parallel, face each other across an open yard or court.
   (b)    Front Yard Depth. The front yard depth, or setback, for multi-family buildings, in single development or group development, shall be in accordance with Section 1252.05 measured from the street right-of-way lines or as established otherwise on the Zone Map.
   (c)    Distance Between Facing and Overlapping Buildings. The distance between facing and overlapping buildings or parts thereof in a group development of multifamily buildings shall vary in direct relation to the length and height of buildings. Such minimum distance shall be determined by the formula:
      Minimum Distance = LA + LB + HA + HB 
                   F
   The elements of the formula are illustrated in Appendix I and defined as follows:
      (1)    "Minimum distance" means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.
      (2)    "LA" means the total length of building A which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building B.
      (3)    "LB" means the total length of building B which, for the purposes of the formula, is defined as the maximum length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.
      (4)    "HA" means the height of building A.
      (5)    "HB" means the height of building B.
      (6)   "F" means the divisor factor. In RMF-1 Districts, the divisor factor is 4. Provided, however, the minimum distance between main walls of separate buildings shall not be less than forty feet.
   (d)      Distance in Angular Arrangements. The distance in angular arrangements of thirty degrees to sixty degrees, such minimum distances are determined by the formula:
   
      Minimum Distance = 2LB + HA + HB - k 
                    F
      The elements of the formula are as defined above and are shown on the illustration Appendix I. "k" in the formula varies as the sine of 2n where n is the angle from building B to building A or extensions thereof.
   Where n is:      30° to 34° - k = 10 ft.
            35° to 39° - k= 20 ft.
            40° to 50° - k = 25 ft.
            51° to 55° - k = 20 ft.
            56° to 60° - k= 10 ft.
      "F" means the divisor factor. In RMF-1 Districts, the divisor factor is 4.
   (e)    Distances Between Walls of Court Arrangements. Such minimum distances shall be determined by applying the formula set forth in subsection (c) hereof, to each set of facing walls. In arrangements of parallel walls with offset sections, the distance between the corresponding parallel walls shall be determined by such formula. The elements of the formula are shown on the illustration Appendix I. "F" means the divisor factor. In RMF-1 Districts the divisor factor is 4.
   (f)   Distance Between Nonoverlapping Walls. Where walls of two multi-family buildings do not directly face each other or do not overlap, that is, where lines drawn perpendicular from the face of any wall or any one building will not intersect the face of any wall of another multi-family building, the minimum horizontal distance between such buildings shall be not less than one-half of the combined height of the two buildings. Such minimum distances shall be determined by the formula:
         Minimum Distance = HA + HB
                     2
   (g) Distance Between Building and Boundary Line of Multi-Family Buildings. The distance between building and boundary lines of a multi-family building or part thereof, in a single development or group development and any side or rear lot line of the parcel or development area boundary shall vary in direct relation to the length and height of the building. Such minimum distance shall be as determined by the formula:
         Building Parallel to Lot Line:    2 (LL) + HA
                         F
         Building at Angle to Lot Line:    2 (LL) + HA – K
                         F
      The elements of such formula are shown on the illustration Appendix I and defined as follows:
      (1)    "Minimum distance" means the minimum required horizontal distance between any wall of a building and the nearest side or rear lot line or boundaries of the parcel or development area.
      (2)    Where the building is parallel to the lot line "LL" means the maximum length of the side or rear lot line which can be intersected by lines drawn perpendicular from the face or faces of any wall or walls of the building.
      (3)    Where the building is at an angle to the lot line "LL" means the maximum length of the side or rear lot line from which lines drawn perpendicular will intersect any wall of the building.
      (4)    "HA" means the height of building A.
      (5)    "K" in the formula varies as the sine of 2n where n is the angle from the lot line to the building. The value of "K" is set forth in subsection (d) hereof.
      (6)    "F" means the divisor. In RMF-1 Districts the divisor factor is 4.
   (h)    Use and Design of Yards. The required yards, set forth in this section, shall be landscaped and may be used for driveways, pedestrian walks and passive recreation areas. If, however, yards between buildings are used for parking areas or playgrounds, the distances between buildings shall be increased by the dimensions of such intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than 200 feet from the accessory parking area, the distance to be measured along pedestrian walks.
   (i)    Building Permits. Building permits for all apartment, townhouse and cluster dwellings shall not be issued until a site development plan has been submitted to the Planning Commission for their review and recommendation regarding compliance to all applicable provisions of this Zoning Code and until finally approved by the Commission. The diagrams in Appendix I indicate the regulations and planning criteria as set forth in this section and constitute a part of this Zoning Code.
(Ord. 2012-085. Passed 9-17-12.)

1252.07 YARD REGULATIONS AND DIMENSIONS; TOWNHOUSE (ATTACHED) DWELLINGS.

   A townhouse (attached) dwelling unit shall be not less than twenty-two feet in width and any main or longitudinal wall of a sequence of townhouse units shall not exceed sixty-six feet in length without a ninety degree offset of at least five feet, and the aggregate length of any wall including its offsets shall not exceed 135 feet in length.
   The minimum distance between the walls of adjacent townhouse buildings, and the distance between building walls and any boundary line of a townhouse (attached) development shall be in accordance with Section 1252.05 .
   Not more than six townhouse dwelling units may be attached in any group.
(Ord. 2012-085. Passed 9-17-12.)

1252.08 YARD REGULATIONS AND ARRANGEMENT; CLUSTER DWELLINGS.

   Detached dwelling units in a cluster area shall be setback not less than fifteen feet from any permanent open space area and thirty-five feet from a detached single-family side and rear property line.
(Ord. 1981-20. Passed 6-15-81.)

1252.09 TOWNHOUSE - CLUSTER SITE PLAN.

   The developer of any parcel of land proposed for townhouse and cluster development in an OF-C and RT-C District shall prepare a detailed site plan of the townhouse-cluster area proposed for development.
   The site plan of each townhouse-cluster area shall include the following:
   (a)    The number, location and arrangement of all dwelling units;
   (b)   The architectural design of all units;
   (c)   The proposed use of all private and common land;
   (d)   The location and arrangement of all dedicated and private vehicular and pedestrian access ways;
   (e)   The number and arrangement of all open parking and service areas;
   (f)   The location of all utilities;
   (g)   The landscape treatment of the townhouse-cluster area; and
   (h)   The formation of a separate association to control and maintain the townhouse-cluster area; the final form of the covenants, deed restrictions, and easements to be recorded, including the use of common land; state approved Articles of Incorporation and declaration of condominium ownership and other covenants, if any, for maintenance.
   The site plan and data required above shall be reviewed by the City Planner, Engineer, Building Commissioner, Law Department and Architectural Review Board, to determine its compliance and acceptability as to the intent, regulations, standards and criteria prescribed by this Zoning Code for One Family-Cluster and Townhouse-Cluster developments. The City Planner, Engineer, Building Commissioner, Law Department, and Architectural Review Board shall report their findings to the Planning Commission. The Commission shall evaluate the aforementioned reports and shall act to approve, disapprove or modify such site plan of a townhouse cluster area. Following the necessary City approvals, the Building Commissioner may issue building permits, provided that all applicable requirements of the Building Code are met, and all required fees are paid.
(Ord. 2012-085. Passed 9-17-12.)

1252.10 REQUIRED YARDS TO BE MAINTAINED.

   The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located and no part shall be considered as providing a required yard for any other existing building on the same or on an adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building and a yard of less than the required dimensions shall not be further reduced in any manner. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 1252.15 and projections into yards in Section 1252.16.
(Ord. 1981-20. Passed 6-15-81.)

1252.11 FRONT YARDS OF PARTIALLY BUILT-UP BLOCKS.

   Where a building line has not been established and where fifty percent (50%) or more of the aggregate street frontage between two successive intersecting streets is occupied by buildings of the type and use permitted in the district before the effective date of this Zoning Code or any amendments thereto, the minimum front yard for new buildings shall be the average setback distance of existing buildings located within 100 feet on either side of a given lot. However, the depth of the front yard resulting therefrom shall be not less than one-half of the dimensions specified in the schedule set forth in Section 1252.05.
(Ord. 1981-20. Passed 6-15-81.)

1252.12 SIDE YARDS; INSUFFICIENT WIDTH.

   Where side yards are narrower than required for the district in which the building and lot are located and which was owned separately from all other tracts of land on the effective date of this Zoning Code or any amendment thereto, and is still so owned, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with this Zoning Code.
(Ord. 1981-20. Passed 6-15-81.)

1252.13 YARDS ON CORNER LOTS.

   The depth of the front yard on a corner lot shall be not less than the required setback from the front lot line and the width of the side yard on the side street shall be not less than twenty percent (20%) of the width of lot at the building line but not less than one-half of the depth of the front yard required for the adjoining lot which abuts such side street, unless shown otherwise on the Zone Map.
(Ord. 1981-20. Passed 6-15-81.)

1252.14 YARDS FOR IRREGULAR LOTS.

   The specific yard regulations set forth in this chapter may be modified by the Board of Zoning Appeals in accordance with standards established in Section 1248.08 where the regulations cannot be complied with reasonably as a result of irregular shape of lot or for topographical reasons.
(Ord. 1981-20. Passed 6-15-81.)

1252.15 YARDS FOR ACCESSORY BUILDINGS AND USES.

   Any accessory use permitted in a residential district may either occupy a part of the main building, occupy a separate accessory building, occupy an unenclosed structure, or constitute an accessory land use. "Unenclosed structure" for purposes of this Section, means a structure, with or without a permanent roof, that is open on at least three (3) sides with no walls, windows, or other enclosure of any type except insect screens. Unenclosed structures does not include decks with no roofs, which are governed by Section 1252.16(e) for allowable deck zoning requirements. Separate accessory buildings, other than a private garage, and unenclosed structures that are capable of being occupied, shall comply with the following schedule:
Accessory Building and Unenclosed Structure Size/Location
Land Area of Accessory Building Lot (Sq. Ft.)
Maximum Permitted 
Accessory
Building (Sq. Ft.)
Maximum Permitted Unenclosed Structure (Sq. Ft.)
Minimum
Setback From Rear/Side Lot
in Feet
Less than 34,000
200
400
5
Between 34,000 and less than 43,560
400
400
5
Between 43,560 and less than 87,120
500
500
5
Between 87,120 and less than 130,680
600
500
5
Between 130,680 and less than 174,240
700
800
10
Between 174,240 and less than 217,800
800
800
10
Between 217,800 and less than 261,360
900
800
10
Between 261,360 and less than 304,920
1,000
800
10
Between 304,920 and less than 348,480
1,100
1200
15
Between 348,480 and less than 392,040
1,200
1200
15
Between 392,040 and less than 435,600
1,300
1200
15
Equal to or greater than 435,600
1,400
1200
15
   (a)    Accessory Building Location in ER, R1-125, R1-100 and R1-75 Districts. Any accessory building or detached private garage shall not be located within twenty (20) feet of the main building and shall not be located within twenty (20) feet of any dwelling on an adjacent residential lot, provided, however, that unenclosed accessory structures, such as gazebos, pergolas and trellises, may be located within twenty (20) feet of the dwelling to which they are accessory. Any accessory building or detached private garage shall not project into a front or into a side yard. An accessory building or private garage may, however, be located in a rear yard but no closer to the rear or side lot line as set forth in the Schedule in 1252.15.
On corner lots, an accessory building shall be set back from the side street line not less than the required setback for the adjacent main building of the butt lot plus an additional five feet.
Accessory buildings shall not be permitted in OF-C and RT-C Districts as an accessory use to a cluster or townhouse dwelling in a cluster development.
(b)   Any accessory building designed or intended for the use of a motor vehicle or boat, or an accessory building with a door or doors that equal or exceed six (6) feet in height and seven (7) feet in width shall be considered an accessory building designed for vehicle storage and shall be provided with a driveway. A driveway or a motor vehicle use area to an accessory building designed for vehicle storage shall be hard surfaced as set out in Chapter 1436 of the Codified Ordinances or be surfaced with a permeable porous paver system (Filterpack, Geoblock or equal) in a manner approved by the Building Commissioner.
   (c)   Distances from Accessory Uses to Buildings and Streets in RMF-1 Districts. The minimum distances from any accessory uses such as storage garages, parking areas, driveways, walks and recreation areas to certain walls of main buildings, streets and boundaries of the development area shall be not less than set forth in the schedule that follows:
    
 
MINIMUM DISTANCES FOR ACCESSORY USES IN RMF-1 DISTRICTS
To Walls of
Main Buildings
To streets
To Side and Rear Lot Lines 
Adjacent To
Accessory Building Or Use
Main
(ft.)
End
(ft.)
Public
(ft.)
Project
(ft.)
R1&R2 Dist. (ft.)
RMF
Dist. (ft.)
Storage garage
30 (a)
15 (a)
(b)
(8)
5
5
Parking area & Driveway (c)
30
10
20 (b)
5 (d)
10
5
Project walk
10 (e)
5
(f)
(f)
5
3
Areas for active recreation
30
15
(g)
10
40
15
   
   (a)   Garage may be in basement ground floor or not less than set forth in this schedule.
   (b)   Storage garage not permitted in required front yard.
   (c)   If the driveway is designed as a part of the building entrance, it may be less than set forth in this schedule for that section near the entrance.
   (d)   Parking area only.
   (e)   A project walk may be less than ten feet, but not less than five feet, from a main wall if all the windows have sills at least eight feet above the finish grade.
   (f)   Not applicable.
   (g)   Recreation areas not permitted in required front yard.
      (Ord. 2023-159. Passed 1-16-24.)

1252.16 PROJECTIONS INTO YARDS.

   A projection is that part or feature of a building which extends or projects outside of the main building walls. It is intended that certain features may project into required yards but they shall be regulated so as not to substantially interfere with the reception of sun, light, air and the use of adjacent lots. Building features may project into a front, side or rear yard of a dwelling as follows:
   (a)   Architectural Features. A belt course, balcony, cornice, gutter or chimney may project into a front and side yard for a distance of two feet provided no part is less than three feet from any side lot line.
   (b)   Entrance Features. Ground level open platforms, landings, or terraces not exceeding 120 square feet in area may extend up to ten feet into the required front yard. Steps or other features not extending above the first floor level of a building may extend up to six feet into a required front yard and three feet into a required side yard provided that no part is less than three feet from any lot line.
   (c)   Enclosed Shelters. An enclosed entry, enclosed porch or enclosed deck may be constructed as part of the dwelling, but shall not project into any required yard area.
   (d)   Unenclosed Shelters. An entrance hood or open but roofed porch may project up to six feet into a required front yard or required rear yard and three feet into a required side yard.
   (e)   Unenclosed Patio or Deck.
      (1)    On a lot with a one-family dwelling or two-family dwelling, an unenclosed patio or deck may project into a required rear yard provided such deck or patio is set back not less than five (5) feet from any side or rear lot line, and does not encroach into any easement.
      (2)    On a lot with a one-family cluster or a townhouse dwelling, an unenclosed patio or deck may project into a required rear yard provided such deck or patio is set back not less than ten (10) feet from the rear lot line, and does not encroach into an easement, and thirty-five (35) feet from any adjoining side or rear lot line of any single family dwelling lot and does not encroach into any easement; except that, if the Planning Commission has approved the location and arrangement of unenclosed patios or decks for the cluster or townhouse area in conjunction with the approval of the detailed site plan of such area, then such approval shall govern.
   (f)    Maximum Impervious Area. Regardless of any other provisions in Sections 1252.15 and 1252.16, the aggregate area of decks, shelters, patios, sheds, gazebos, or any other accessory building or use, and other features with impervious surfaces shall not cover more than fifty percent (50%) of any designated rear yard area.
      (Ord. 2023-159. Passed 1-16-24.)

1252.17 LANDSCAPE FEATURES, FENCES, WALLS AND DRIVEWAYS.

   Landscape features, such as hedges, trees and shrubs and yard structures, such as fences, trellises, walls and outdoor fireplaces, may be permitted in a required front, side or rear yard as follows:
   (a)    Front Yards, Interior Lot. Fences and hedges shall not be permitted along a side lot line in the front yard, except a two-rail type of fence not to exceed forty-two inches in height.
   (b)    Front Yard, Corner Lot. Landscape features within a triangle formed between points on front and side lot lines within thirty-five feet from their intersection shall be maintained to a height not exceeding two and one-half feet above curb level.
   (c)    Side and Rear Yards. Fences, walls and hedges shall be permitted along a side and rear yard lot line to a height of not more than six feet above the average grade.
All fences shall be designed and constructed in such fashion that the finished side of such fence faces to the exterior of the lot. If a fence is designed so that only one side is finished, and the unfinished side contains structural members, including posts and framing, which are exposed to view, then the unfinished side of the fence shall face the interior of the lot upon which the fence is erected.
All fences shall be treated with appropriate weather preservatives or painted and maintained in good condition.
On a corner lot, fences, walls and hedges shall be set back from the side street right-of-way and any sidewalk not less than twelve feet (12') if the fence, wall or hedge is four feet (4') in height or less and not less than sixteen feet (16') if the fence, wall or hedge is higher than four feet (4') in height.
Tool sheds and other enclosed structures shall conform to the yard regulations for accessory buildings set forth in Section 1252.15 .
   (d)    Driveways. Driveways to garages or parking areas shall be permitted in any required side yard that is not less than ten feet wide.
   (e)    Other Structures. Floodlights, search lights, loudspeakers or similar structures shall not be erected or used in a residential district in any manner that will cause hazards or annoyance to the public generally or to the occupants of neighboring property.
   (f)    Permits. Fences and walls over four feet high and all accessory buildings shall require a building permit.
      (Ord. 2012-085. Passed 9-17-12.)

APPENDIX VI FENCE OPTIONS

(Rear Yard/Corner Lot)
 

1252.18 BUILDINGS PERMITTED ON ZONING LOT.

   There shall be not more than one, one-family or one, two-family dwelling permitted on a zoning lot. There may be more than one townhouse, cluster dwelling or apartment building on a zoning lot. In addition, there may be one accessory building, one unenclosed accessory structure that is capable of being occupied, and one garage on the same zoning lot with a main building provided such accessory building, unenclosed accessory structure, and garage are constructed subsequent to the main building and remain only as long as the main building remains.
   No one-family or two-family dwelling shall be located to the rear of any building on the same lot or on another lot which does not have the required frontage on a dedicated street. However, a group of apartment, townhouse or cluster buildings may be arranged in groups and not directly front on a dedicated street.
(Ord. 2022-122. Passed 11-7-22.)

1252.19 REQUIRED LOT AREA TO BE MAINTAINED.

   A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record which conformed to the provisions of this Zoning Code and which was owned separately from adjoining lots on the effective date of this Zoning Code or an amendment thereafter which affected its conformity, shall not be reduced in any manner which would make it nonconforming.
   The lot area or any part thereof required for a dwelling or other use shall not be considered as providing any part of the required lot area for another dwelling or use.
(Ord. 1978-165. Passed 10-16-78.)

1252.20 LOTS OF RECORD OF INSUFFICIENT AREA.

   A lot of record which does not comply with the area or width of lot regulations of the district in which it is located on the effective date of this Zoning Code or any amendment thereto which made it nonconforming, may be used as follows:
   (a)   If occupied by a building, such building may be maintained, repaired or altered. However, the building may not be enlarged in floor area unless the depth of front yard, total width of side yards and rear yard regulations are complied with.
   (b)   If vacant, the lot may be used provided that:
      (1)   No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this Zoning Code or any amendment thereto which makes it nonconforming;
      (2)   Not owning adjoining land, other vacant land cannot be equitably acquired adjoining the lot; and
      (3)    All other regulations of this Zoning Code, except the lot area and lot width regulations, shall be complied with. Lots of less width will be allowed only if such lots do not exceed ten percent less than the lot width required in the district in which such lot is located.
         (Ord. 2018-113. Passed 10-15-18.)

1252.21 LOT AREA AND WIDTH EXCEPTIONS.

   Lots created after the effective date of this Zoning Code shall be increased in area in order to obtain greater depth when:
   (a)    A lot abuts a major street in order to obtain a greater depth of front yard;
   (b)    A lot abuts a railroad, an Industrial District or other noncompatible use in order to obtain a greater rear yard;
   (c)    A lot is located along an open ditch or land subject to flooding and
   (d)    The width and area of corner lots shall be increased in order to obtain the setback required and as set forth in Section 1252.13.
(Ord. 1978-165. Passed 10-16-78.)

1252.22 DWELLING UNIT AREA REQUIREMENTS.

   In order to provide healthful living conditions and to preserve the character of the neighborhood, dwellings shall be erected, altered, moved, maintained or occupied only in accordance with the following standards establishing minimum areas of dwelling units.
   (a)    Definition of Area of a Dwelling Unit. For this purpose, the area shall be the sum of the gross floor areas above the basement level and not more than three feet below finished grade, including those rooms and closets having a minimum ceiling height of seven feet, six inches and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet if one-half of the room area has a minimum ceiling height of seven feet, six inches. The area for frame buildings shall be measured from the exterior face of the enclosing walls at the respective floor line. For brick veneer buildings no more than four inches of exterior wall thickness may be included in the area calculation. For two-family, townhouse and apartment dwellings, where applicable, measurements will be made to the center line of party walls. All areas within garages and porches, public halls and general storage rooms in apartment dwellings shall be excluded in this measurement.
   (b)    Minimum Area of Dwelling Unit. The minimum area of each dwelling unit shall be not less than established in the following schedule for the respective dwelling type:
ER DISTRICT
M.T.F.L.A. ** - 4,000 sq. ft.
         R1-125 AND R1-100 DISTRICT
M.T.F.L.A. ** - 2,000 sq. ft.
R1-75 DISTRICT
One Story
One and One-Half Story
With Basement
W/O Basement
With Basement
W/O Basement
M.G.F.L.A.*
1,500
1,600
1,070
1,170
M.T.F.L.A.**
1,500
1,600
1,500
1,500
Two Story
Bi-Level
With Basement
W/O Basement
Same floor living area as a two story home without basement
M.G.F.L.A.
850
950
950
M.T.F.L.A.
1,700
1,900
1,900
Tri-Level Split Level
M.T.F.L.A.
1,600
R2F DISTRICT
Two-Family Duplex One Story
Two-Family Two Story
With Basement
W/O Baesment
With Basement
W/O Basement
M.G.F.L.A. each unit
1,050
1,150
M.G.F.L.A. 750
850
M.T.F.L.A.
2,100
2,300
M.T.F.L.A. each unit 1,350
1,450
OF-C and RT-C DISTRICT
Townhouse-Cluster-One Story
Townhouse-Cluster-Two Story
With Basement
W/O Basement
With Basement
W/O Basement
M.G.F.L.A
1,100
1,200
660
760
M.T.F.L.A. each unit
1,100
1,200
1,320
1,420
* Minimum Ground Floor Living Area (M.G.F.L.A.)
** Minimum Total Floor Living Area (M.T.F.L.A.)
Apartment
1 bedroom unit - 750
2 bedroom unit - 1,000
      (1)   One-story dwelling. First floor living area shall be no greater than twenty- four inches above final grade, have a height to roof ridge of not greater than fifteen feet, and a roof pitch of no greater than five in twelve or no less than three in twelve, unless approved by the Building Commissioner.
      (2)   One and one-half story dwelling. First floor living area shall be no greater than twenty-four inches above finished grade, bottom of trusses or ceiling joists shall be no greater than nine feet six inches above finished grade, and a roof pitch no greater than nine in twelve, unless approved by the Building Commissioner.
      (3)   Two-story dwelling. First floor living area shall be no greater than twenty- four inches above finished grade, bottom of trusses or ceiling joists of second floor shall be no greater than nineteen feet above finished grade, and a roof pitch no greater than five in twelve, unless approved by the building official.
      (4)   Bi-level dwelling. First floor living area shall be no greater than five feet six inches above finished grade, bottom of trusses or ceiling joists shall be no greater than thirteen feet six inches above finished grade, and a roof pitch of no greater than five in twelve, unless approved by the building official.
      (5)   Tri-level or split level dwelling. First floor living area shall be no greater than twenty-four inches above finished grade, bottom of trusses or ceiling joists of third level shall be no greater than thirteen feet six inches above finished grade, and a roof pitch no greater than five in twelve, unless approved by the building official.
   (c)    Area of Garage. The floor area of private garages required or permitted for each one and two-family and townhouse dwelling unit shall be in accordance with the following schedule. The architectural design, materials and color of an attached or a detached private garage shall be coordinated with and conform to the main building permitted on the zoning lot.
 
Dwelling Type
*Sq. ft. of private garage area per unit
Minimum
Maximum
One-family dwelling
400
1000
Two-family dwelling
400
600
Townhouse-Cluster dwelling
400
600
* Area exclusive of all-circulation space.
The area for frame garages shall be measured from the exterior face of the enclosing walls at ground floor level. For brick veneer garages no more than four inches of exterior wall thickness may be included in the area calculation.
   (d)   Garage Width. The maximum width of private garages for one-family dwellings shall not exceed thirty-six feet.
   (e)   Garage Depth. The minimum interior depth of private garages required for each one and two-family and townhouse dwelling unit shall be twenty feet.
   (f)   Garage Doors. All garage doors shall be of the following minimum dimensions:
 
Minimum door dimensions
Double car garage
7' high x 16' wide
Single car garage
7' high x 8' wide
      (Ord. 2012-085. Passed 9-17-12.)

1252.23 SUPPLEMENTARY HEIGHT REGULATIONS.

   Main or accessory buildings shall be erected, altered, moved or maintained only in accordance with the maximum height of building regulations as established in this Chapter 1252 , except that the following structures may be permitted above the aforesaid limitations. Chimneys and radio or television antennae, located upon and constituted as an integral part of a main residential building, may be erected above the height limit specified, but are limited to a height not exceeding sixty feet above the average finished grade unless modified by a conditional use permit. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided such mechanical space is set back a minimum of fifteen feet from any exterior wall, does not exceed fifteen feet in height and is adequately screened from view, and provided that such mechanical space and screening are approved by the Building Commissioner.
(Ord. 2012-085. Passed 9-17-12.)

1252.24 LOCATION OF UTILITIES.

   Public utility uses and distributing equipment for a public utility, if essential in a district, shall be permitted in any zoning district. However, such uses shall be subject to the issuance of conditional use permits in accordance with the provisions of Section 1242.07 .
   The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Planning Commission.
(Ord. 2012-085. Passed 9-17-12.)

1252.25 ACCESS TO LESS RESTRICTIVE USES.

   Driveways, walks or other accessways to any use which is not permitted in the district shall be prohibited.
(Ord. 1978-165. Passed 10-16-78.)

1252.26 RECREATIONAL VEHICLE PARKING AND STORAGE.

   (a)   Definitions. For the purposes of this section words shall have the following meanings:
      (1)   “Recreational vehicle” means any vehicle or equipment designed for or primarily used as a travel trailer, camper, motor home, tent trailer, camping trailer, boat, boat trailer, snowmobile or snowmobile trailer.
      (2)   “Park” means to place a recreational vehicle for the purpose of convenient departure from or return to the vehicle in connection with a planned trip, outing or vacation, including the processes of loading or unloading the vehicle and preparation of the vehicle.
      (3)   “Store” means to place a recreational vehicle for the purpose of preserving, protecting and securing it for a period in excess of twenty-four hours.
   (b)   Garage Parking and Storage. Any such recreational vehicle may be parked or stored in a parking garage on the zoning lot if such vehicle is of such a size as to permit it to be conveniently stored in such garage with the garage door closed.
   (c)   Other Recreational Vehicle Storage and Parking. One recreational vehicle may be stored or seasonally parked on a lot in an ER, R1-75, R1-100, R1-125 or R2-F Zoning District subject to the requirements of this section and the following conditions:
      (1)   From April 1 to November 15 in any calendar year, one such recreational vehicle may be parked in a front yard on a vehicle access driveway or hard surfaced parking area.
      (2)   If no recreational vehicle is otherwise stored on a zoning lot, then one such recreational vehicle may be stored on the zoning lot in the rear yard or the side yard.
      (3)   If such recreational vehicle cannot be stored in the rear yard because access for such vehicle through the zoning lot to the rear yard is prohibited by a permanent structure permitted on the zoning lot, and such vehicle cannot be stored in the parking garage, such vehicle may be stored in a front or side yard on a vehicle access driveway or hard-surfaced parking area, provided that such vehicle does not exceed thirty-four feet in length.
   (d)   Front Yard Requirements. Any recreational vehicle parked in a front yard shall comply with the following requirements:
      (1)   Such vehicle shall be parked in the vehicular access driveway or hard surfaced parking area.
      (2)   Such vehicle shall be parked as close to the front building line as is possible and no nearer to any public right of way or any sidewalk or established pedestrian walkway, whichever is closest to the recreational vehicle, than twenty feet.
   (e)   Rear Yard Requirements. Any recreational vehicle parked or stored in a rear yard shall comply with the following requirements:
      (1)   Such vehicle shall be stored no nearer to the main structure on the lot or an adjoining lot than twenty feet, and to any side or rear lot line than five feet.
      (2)   The total area covered by accessory structures and recreational vehicles in a rear yard shall not exceed thirty percent (30%) of the required rear yard.
      (3)   The grading of the lot shall not be altered and the drainage of the area shall not be obstructed or altered unless approved by the City Engineer.
   (f)   Side Yard Requirements. Any recreational vehicle parked or stored in a side yard or front yard shall be no nearer to any side lot line than five feet in a R1-75 and R2-F zoning district, no nearer to any side lot line than ten feet in a R1-100 and R1-125 zoning district and no nearer to any side lot line than fifty feet in an ER zoning district.
   (g)   General Requirements. Any recreational vehicle stored or parked in any residential zoning district shall comply with the following requirements.
      (1)   No such recreational vehicle shall be parked or stored on a public or private street, alley, tree lawn or sidewalk, except vehicles licensed for street travel may be parked on public or private streets during the hours and in the areas designated for automobiles as specified elsewhere in the Codified Ordinances, provided such vehicles are currently licensed.
      (2)   No such recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall any such recreational vehicle at any time be used for living or housekeeping purposes on the zoning lot.
      (3)   Any such recreational vehicle shall be kept in good repair and in working condition, with current license plate, unless stored in a parking garage.
         (Ord. 2012-085. Passed 9-17-12.)

1252.27 REMOVAL OF SOIL; PROTECTION OF DRAINAGE COURSE.

   Soil, sand or gravel shall not be stripped or removed in a Residential District, except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building for which a permit has been issued.
   No building or structure shall be erected within any area described by the City Engineer as a drainage course. For the purpose of this Zoning Code, a drainage course shall include any area, such as drainageways, channels, streams and creeks, designated as such on geodetic topographic maps and City topographic maps, and shall further include any area designated or intended for use in drainage purposes as shown on a recorded subdivision or topographic plan approved by the City Engineer.
   No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the Zoning Map, of the center line of such drainage course, except upon issuance of a certificate by the Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity of such drainage course, or impair the design and character of such drainage course.
(Ord. 2012-085. Passed 9-17-12.)

1252.28 TEMPORARY BUILDINGS AND ENCLOSURES.

   (a)   Permitted Buildings and Uses. Temporary structures may be permitted in any Residential District if such structures are deemed necessary for construction operations of the dwellings and accessory buildings of the area for which a building permit has been issued, provided that:
      (1)   Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building material, and to workshops for prefabricating building components.
      (2)   The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a Residential District that is being developed.
      (3)   The hours of operation shall be restricted to the hours between 7:00 a.m. and 6:00 p.m. and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a Residential District that is being developed.
      (4)   All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling.
      (5)   All structures and yard storage areas are enclosed by a fence as approved by the Building Commissioner.
      (6)   A conditional use permit for such temporary structures has been applied for and approved along with special conditions that may be required in accordance with the provisions of Section 1242.07.
   (b)   Removal of Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
(Ord. 2012-085. Passed 9-17-12.)

1252.29 SWIMMING POOLS, SPAS AND HOT TUBS.

   (a)   For the purposes of this Zoning Code, swimming pools, spas and hot tubs shall be defined and classified as follows:
      (1)   “Swimming pool or pool” means any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
      (2)   “Private swimming pool or private pool” means a swimming pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
      (3)   “Club swimming pool or club pool” means a swimming pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
      (4)   “Commercial swimming pool or commercial pool” means a swimming pool operated for a profit and open to the public upon payment of a fee.
      (5)   “Hot tub” has the same meaning as swimming pool.
      (6)   “Spa, non-portable” has the same meaning as swimming pool.
   (b)   Swimming pools, hot tubs, portable spas and non-portable spas may be permitted and located in accordance with the following regulations:
      (1)   Private pools, hot tubs, and spas. Private pools, hot tubs, and spas may be located in a Residential District as an accessory use to a dwelling. The pool or accessory building, structures or other equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line. A spa or hot tub shall not be located in a front yard and may not encroach into a side yard beyond the existing structure or five (5) feet, whichever is greater.
Every swimming pool, hot tub and spa in the City shall be constructed and designed in accordance with this Section 1252.29 and Chapter 1458 of the Codified Ordinances.
Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots and shall comply with Section 1458.09 of the Codified Ordinances. A compact hedge may also be required to insulate the pool, hot tub or spa from adjoining property.
      (2)    Club pools. A club pool may be located in any Residential District provided the location, area, design access, off-street parking and landscape treatment is approved by the Planning Commission.
      (3)    Commercial pools. Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code and other applicable laws, rules and regulations pertaining to club pools are complied with.
   (c)    All swimming pools, hot tubs and spas two feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools two feet in depth and over shall also require approval by the State Board of Health. A conditional use permit shall be required for each club pool in a Residential District and for each commercial pool. Conditional use permits shall be renewed each year for commercial pools.
   A detailed site plan shall be submitted with each application for a permit. Con struction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City.
(Ord. 2012-085. Passed 9-17-12.)

1252.30 SIGNS.

   Signs in Residential Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations set forth in Chapter 1272 of this Zoning Code.
(Ord. 1978-165. Passed 10-16-78.)

1252.31 PARKING.

   Parking in Residential Districts shall be in accordance with regulations set forth in Chapter 1270 of this Zoning Code.
(Ord. 1978-165. Passed 10-16- 78.)

1252.32 THIS SECTION IS INTENTIONALLY DELETED.

(Ord. 2012-085. Passed 9-17-12.)

1252.33 THIS SECTION IS INTENTIONALLY DELETED.

(Ord. 2012-085. Passed 9-17-12.)

1252.34 PLANNED DEVELOPMENT AREA/GROUP DEVELOPMENT; ONE AND TWO-FAMILY DWELLINGS.

   (a)    Intent. In order to encourage greater attractiveness, flexibility and utilization of yard spaces, a group of two or more contiguous one or two-family dwellings may be designed and developed as a unit coordinated with the surrounding areas. The following planned variations of the yard regulations established in Section 1252.04 may be permitted only in a Planned Development Area as regulated in Chapter 1266 of this Zoning Code.
   (b)   Front Yards. The depth of front yard setbacks may be varied. On local streets it may be reduced to a minimum of thirty feet and to a minimum of forty feet on a local collector street.
   (c)    Side Yards. The average width of a lot measured at the building line shall be not less than set forth for the district in which it is located. The width of side yards may, however, be varied by locating the service side of two dwellings (kitchens, utility rooms, attached garages or other rooms not requiring windows facing side yards) opposite each other on adjacent lots, that as part of the plan, the living sides (living, dining or sleeping rooms) are also located opposite each other on other adjacent lots. In such arrangements, the width of any service side yard, if adjacent to another service side yard, shall be not less than five feet with a minimum of ten feet between buildings, if the adjacent walls are not more than one story high and thirty feet long, and the width of any living side yard, if adjacent to another living yard, shall be not less than seven and one-half feet with a minimum of fifteen feet between buildings.
   In a Planned Development Area District, two adjacent garages of one or two-family dwellings may be attached by a common party wall at the lot line.
   (d)    Yard Depth and Lot Area. In planning for common open space along the rear or side lot lines of the parcels under a Planned Development Area, the developer may submit a preliminary plan of a subdivision or a preliminary plan of a development area and request a reduction in depth and area of the private lots. The depth and area of a one or two-family lot may be reduced only as set forth in Chapter 1268.
   (e)    Application and Approval. Development plans showing the location of buildings, yards, driveways and other site improvements for the entire Planned Development Area shall be submitted to the Commission in accordance with the procedures of Chapter 1266, and until approved, building permits shall not be issued for proposals under this section.
   (f)    Site Planning Criteria; One and Two-Family Dwellings. The diagrams in Appendix II, Illustration of Yard Regulations, indicate the site planning criteria as set forth in this section and are hereby made a part of this Zoning Code.
(Ord. 2012-085. Passed 9-17-12.)

1252.35 ESTATE RESIDENTIAL DEVELOPMENT.

   (a)    Intent. In order to encourage large residential estate lot development within relatively small enclaves in a rural atmosphere, the following criteria are established to control and regulate development in Estate Residential zoning districts.
   (b)    Maximum Development Area Size. A single development area shall not exceed fifty acres. The Planning Commission may, however, allow a development area of more than fifty acres if it determines that the intent of estate residential development will be achieved.
   (c)    Area, Yard and Height Regulations. The lot area, building yard and height regulations in an Estate Residential zoning district shall be in accordance with the provisions of Section 1252.05.
   (d)    Improvements. Each development area in an Estate Residential zoning district shall abut a dedicated street for not less than 100 feet. Improvements shall be in accordance with the Subdivision and Zoning Regulations of the City, subject to the provisions of Section 1232.03.
(Ord. 1993-250. Passed 5-16-94.)

1252.36 PROHIBITED USES.

   (a)    Notwithstanding anything in this Chapter 1252 to the contrary, the sale or manufacture for sale of a firearm, firearm components, deadly weapons, ammunition for a firearm, explosive device, incendiary device, ballistic knife, dangerous ordnance, or explosive is prohibited in all Residential Districts. The terms set out in this Section 1252.36 shall have the same meaning as the defined terms set out in Ohio Revised Code Section 2923.11 in effect on the date of the passage of this Ordinance, or as subsequently amended or modified in the Ohio Revised Code.
   (b)    Notwithstanding anything to the contrary in Chapters 1252, 1253 and 1254, shipping and/or storage containers, including but not limited to railway cars and containers carried by trucks and ships, are not permitted as main nor accessory uses or any components thereof in any Residential District. (Ord. 2022-073. Passed 11-21-22.)

1252.37 COMMUNITY-BASED RESIDENTIAL CARE FACILITIES.

   A Community-Based Residential Care Facility is a permitted use in an R1-75, R1-100, R1-125, R2F, OF-C, RT-C, RMF-1, ER and SR-1 and SR-2 [as defined in Section 1254.03] Zoning District provided that the proposed use complies with all the zoning restrictions of the district and in addition complies with the requirements of this Section 1252.37, as determined by the Building Commissioner when reviewing any application for a building permit, occupancy permit, or upon annual inspection.
   (a)   The persons residing in such residential home shall:
      (1)   Live as a single housekeeping unit in a single dwelling unit; and
      (2)   Maintain said home as their bona fide long-term residence with the intent to live at the home on a continuing basis.
   (b)   To assure accessibility in the event of an emergency, the residential dwelling unit shall have an open perimeter setback of not less than fifteen (15) feet from any other structure and any other residence, and not less than five (5) feet from any lot line in addition to complying with the setback requirements of the respective Zoning District.
   (c)   The applicant for a permit shall demonstrate that adequate supervision will exist in the home based on the functional needs of the residents.
   (d)   No more than four non-resident persons may be at the residential home at any one time for the purposes of providing direct care to the handicapped residents of the home.
   (e)   The interior and exterior design of the home and yard shall maintain the single family character, appearance, utilization, equipment and materials, and shall have only one central dining and kitchen facility.
   (f)   No signs or other means of identification shall be permitted on the exterior of the home to indicate that it is anything but a single-family residence.
   (g)   The applicant shall comply with the applicable parking regulations of the Zoning District for the type of residential structure used and the number of residents and, shall make adequate provisions for on-site parking of vehicles in sufficient number to accommodate residents, guests, and home supervisors, considering the prohibition against overnight off-street parking set out in Codified Ordinance Section 452.12.
   (h)   The home shall provide not less than the minimum floor area per person residing in the home as required by applicable law.
   (i)   The Building Commissioner is required to permit reasonable accommodations to allow handicapped and disabled individuals to utilize a particular dwelling; however, the Building Commissioner may impose additional requirements before issuing a building permit or occupancy permit provided that such requirements are reasonably related and narrowly tailored to the specific functional impairments of the particular individual residents affected, including but not limited to their ability to self-rescue and self-preserve. In assessing whether additional safety or building requirements are necessary to protect the individual residents because of their functional impairments, the Building Commissioner may in his discretion consult with medical or behavioral health professionals who are qualified to assess the functional impairments of the residents. These additional requirements may include, but are not limited to, the following:
      (1)   For a hearing impaired individual, the Building Commissioner may require:
         A.   Emergency lighting and/or signage;
         B.   A monitored central alarm and detection system;
         C.   Smoke and carbon monoxide detectors with a flashing light when in alarm mode;
         D.   An approved NFPA 13 D fire suppression system.
      (2)   For a non-ambulatory individual or an individual having any of the following conditions: the individual is unable to get in and/or out of bed independently; the individual is unable to walk without physical assistance from another individual; or the individual is unable to walk without a walker; or the individual requires a wheelchair or mechanical scooter, the Building Commissioner may require:
         A.   A monitored central alarm and detection system;
         B.    Doors and hallways to accommodate a wheelchair;
         C.    A wheelchair accessible restroom facility;
         D.    A bedroom on a floor that exits directly to ground level;
         E.   An approved NFPA 13 D fire suppression system.
      (3)   For a visually impaired individual, the Building Commissioner may require:
         A.   An audible monitored central alarm and detection system in the event of a fire or other emergency;
         B.   An approved NFPA 13 D fire suppression system.
      (4)   For a cognitively impaired individual or an individual having difficulty with pulling, grasping, or turning a handle, the Building Commissioner may require:
         A.   Panic hardware or door openers or systems in compliance with the ADAAG standards;
         B.   A monitored central alarm and detection system;
         C.    An approved NFPA 13 D fire suppression system.
In considering whether or not a fire suppression system is required pursuant to this subsection (i), the Building Commissioner shall consider with each residence:
         A.   The ability of the particular residents to self-rescue in the event of an emergency given the layout of the residence; and
         B.   The ability of the supervisory personnel and caregivers to rescue the residents within a time period necessary to exit the residence safely in the event of an emergency given the layout of the residence.
Any accommodation approved by the Building Commissioner shall meet or exceed the applicable ADAAG standards.
   (j)   Before the issuance of a building permit and/or occupancy permit for a Community-Based Residential Care Facility, the owner and/or agent including the provider or operator for the owner shall submit an application to the Building Commissioner containing the following information:
      (1)   The name, address, and telephone number of the owner of the property and the provider/operator, if different from the property owner, at which the Community-Based Residential Care Facility is located;
      (2)    The name, if any, under which the facility shall operate;
      (3)    The location, site and floor plan of the proposed facility;
      (4)   A copy of the facility's current license and/or certificate from the Ohio Department of Mental Retardation and Developmental Disabilities or any other governmental authority, if one is required;
      (5)   A statement as to the maximum number of residents to reside in the facility, the nature of their functional impairments, and the type of assistance, support, including number of support staff, and supervision to be provided, and assurances that staff and supervision will be reasonably adequate to meet the needs of the residents and to protect the safety of the community;
      (6)    A statement outlining admission procedures and policies of the facility;
      (7)   A copy of the residency rules of the Community-Based Residential Care Facility and the rules for the storing and administering of medications;
      (8)   Approval of the Fire Prevention office after inspection of the plans for the facility's compliance with the Fire Prevention Codes applicable to such facility;
      (9)   The nature of the functional impairments, if any, i.e. cognitive, visual, hearing, ambulation, ability to pull or grasp items, and each resident's ability to self-rescue; all subject to applicable Health Insurance Portability and Accountability Act ("HIPAA") requirements.
   (k)   Persons within the following categories shall not be admitted as residents, or if admitted, may be removed from the home upon notification by the Building Commissioner:
      (1)   Any person whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy is likely to result in substantial physical damages to the person or property of another;
      (2)   Any person discharged from any facility after being found incompetent to stand trial, or not guilty by reason of insanity, for a crime of violence and whose tenancy would constitute a direct threat to the health or safety of other individuals or their property;
      (3)   Any person for whom, on an individual or group basis, all pre-admission requirements have not been completed as set forth in this Chapter.
The Building Commissioner shall not prohibit the admission of an individual, or once admitted order an individual removed from the home, unless the Building Commissioner determines by substantial credible evidence after a particularized factual consideration that at least one of the three (3) above circumstances applies to that individual.
In making such determination, the Building Commissioner shall consider, among other things, the opinions of the owner/operator of the home, and the resident, and any information they submit; recent or past behaviors or credible threats by the individual or resident; and whether the individual would remain such a direct and substantial threat in the specific proposed placement or current residence. If the Building Commissioner determines that it is necessary and/or helpful in rendering such a determination, he/she shall seek the advice or evaluation of a medical or behavioral health professional.
   (l)   All Community-Based Residential Care Facilities shall be inspected by the Building Commissioner and Fire Prevention Officer on an annual basis to review and confirm, among other things, that:
      (1)   All improvements required by the Building Commissioner with the initial approval remain and are in good operating condition;
      (2)   The individual residents residing at the home have the same type of functional impairment as represented in the initial application;
      (3)   No other information has changed as noted on the initial application.
   (m)   After the annual inspection, the Building Commissioner shall order any correction required to bring the property and facility into compliance with the Zoning District regulations and any other conditions, required by this Section 1252.37, as imposed by the Building Commissioner, or additionally required by the Building Commissioner as a result of the inspection.
   (n)   (1)   Any decision of the Building Commissioner under Section 1252.37 may be appealed to the Board of Zoning and Building Code Appeals pursuant to Chapter 1248 by the City, or the property owner, or its agent, including the facility's provider or operator, or the resident or prospective resident. The Board of Zoning and Building Code Appeals shall hear the matter to determine compliance with the Zoning Code and Building Code and additionally has authority to grant variances from the Codes or may designate additional reasonable requirements in connection therewith so as to individualize each Community-Based Residential Care Facility home to the unique and specific functional limitations of each resident, and to assure that each such home conforms to the requirements and spirit of this Section 1252.37, and will protect the health, safety, and welfare of the residents of the home and the surrounding community.
      (2)   In any appeal brought to review a decision of the Building Commissioner made under Section 1252.37(k), the Building Commissioner shall bear the burden of proof establishing that the proposed resident or the resident should not be admitted or should be removed for the reasons set out in Section 1252.37(k).
   (o)   Nothing in this section is intended to nor shall it be construed in such a manner as to violate any of the rights of each resident to privacy and confidentiality as provided in HIPAA and State law.
   (p)   The provisions of this Section 1252.37 shall govern the City, the owners, operators and residents, and the proposed owners, operators, and residents of community-based residential care facilities; and are not intended to and shall not create or give rise to any claim or cause of action on the part of any other individual or third party.
      (Ord. 2010-096. Passed 6-6-11.)

1252.38 SHORT-TERM RENTAL PROHIBITION IN RESIDENTIAL DISTRICTS.

   (a)    No person shall operate, let, rent, list, advertise, or otherwise make available, any dwelling in a residential district in the City for the purpose of a short-term rental.
   (b)    Definitions.
      (1)    "Short-term rental" shall be defined as the right to use, occupy or possess, or the actual use, occupancy or possession, of a dwelling through a rental for temporary, transient occupancy for dwelling, sleeping, lodging, or entertaining others for a period of less than thirty (30) continuous days.
      (2)    "Dwelling" for purposes of this Section 1252.38 only, does not include extended stay hotels and motels, community rooms owned by a homeowner's association, and community rooms utilized by apartment complexes.
   
   (c)    Upon reasonable suspicion of a violation of this Section and a demand by a police officer or building inspector of the City, the occupant, owner, and person in charge of a dwelling shall be required to immediately produce a copy of the rental agreement, or lease, letter agreement, e-mails, or any other written communication for any short-term rental in a residential zoning district in the City.
   (d)    Penalty. Violation of this Section shall be a misdemeanor of the first degree. Each day utilized as a short-term rental shall be considered a separate offense.
(Ord. 2023-131. Passed 11-6-23.)