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Walton Hills City Zoning Code

CHAPTER 1266

Country Home District

1266.01 PURPOSE.

   The Country Home District (R-1) and its regulations are established in order to achieve, among others, the following purposes:
   (a)   To regulate the bulk and location of dwellings and accessory buildings or structures to obtain proper privacy and useable open spaces on each lot appropriate for the district;
   (b)   To provide for proper location of institutions and other community facilities so as to increase the general convenience, safety and amenities within the community;
   (c)   To protect the desirable characteristics and promote the stability of existing residential development;
   (d)   To regulate the density and distribution of population to avoid congestion and provide adequate public services;
   (e)   To promote the most desirable and beneficial use of the land in conformity with the Village's Master Plan; and
   (f)   To encourage the creation and preservation of low-density single-family detached dwelling residential neighborhoods and to limit the establishment of non-residential uses to those that are compatible with the intended low-density neighborhood character.
(Ord. 2009-17. Passed 9-15-2009.)

1266.02 USE REGULATIONS.

   (a)   Uses Permitted By Right. A use listed in Schedule 1266.02 shall be permitted by right as a principal use in this district when denoted by the letter "P" provided that all requirements of other Village ordinances and this Zoning Code have been met.
   (b)   Conditional Uses. A use listed in Schedule 1266.02 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission first makes the determination that the requirements of Chapter 1294, Conditional Use Regulations, have been met, according to the procedures set forth in Chapter 1258, Administrative Procedures.
   (c)   Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 1266.02 shall be permitted as an accessory use when denoted by the letter "A" provided that the requirements of all other Village ordinances and this Zoning Code have been met.
Schedule 1266.02 Permitted Uses in R-1 Country Home District
Schedule 1266.02 Permitted Uses in R-1 Country Home District
Residential
   Single-family detached dwelling
P
   Residential facility as defined in Section 1252.02(b)(88)
P
Community Facilities
   Places of Worship 1
P
   Library1
P
   Schools, elementary & secondary (public or private)1
P
   Municipal use
C
Open Space, Recreation
   Golf courses2
C
   Parks
P
   Playgrounds
P
Other Uses
   Agriculture
P
   Family day care home, Type B
P
   Roadside Stands1
P
   Wireless telecommunication facilities
C
   Economic development overlay alternate
C
Accessory Uses
   Accessory buildings
A
   Fences and walls 3
A
   Home occupations4
A
   Off-street parking/driveways
A
   Other accessory structures
A
   Swimming pools
A
   Tennis courts/Basketball courts
A
   Signs
A
Notes to Schedule 1266.02:
1   See Section 1266.09
2   After dark play shall be prohibited at golf courses, and miniature golf courses and golf driving ranges are prohibited.
3   See Chapter 1298, Landscaping, Screening, & Outdoor Lighting Regulations
4   See Section 1266.08, Home Occupation Regulations
P = Permitted by right      C = Conditional      A = Accessory
 
(Ord. 2009-17. Passed 9-15-2009; Ord. 2017- 17. Passed 11-21-17; Ord. 2021-9. Passed 5-18-21.)

1266.03 LOT REQUIREMENTS.

   (a)   Minimum Lot Area and Width. The area and width of a lot shall not be less than the dimensions set forth in Schedule 1266.03, except as otherwise regulated in this Zoning Code.
   (b)   Maximum Lot Coverage. The maximum lot coverage shall be as set forth in Schedule 1266.03, except as otherwise regulated in this Zoning Code.
   (c)   Minimum Lot Frontage. The minimum lot frontage shall be as set forth in Schedule 1266.03, except as otherwise regulated in this Zoning Code.
   (d)   Schedule 1266.03 Lot Area Requirements in R-1 Country Home District.
 
R-1
Country Home District
(1)   Minimum lot area
40,000 sq. ft.
(2)   Minimum lot frontage measured along front lot line
100 ft.
(3)   Minimum lot frontage on a cul-de-sac
60 ft.
(4)   Minimum lot width at front setback line
100 ft.
(5)   Maximum lot coverage by principal building
15%
(6)   Maximum lot coverage
25%
 
(Ord. 2009-17. Passed 9-15-2009.)

1266.04 DWELLING SETBACK REQUIREMENTS.

   (a)   Front Setback. Each lot shall maintain a front setback in compliance with Schedule 1266.04, except as otherwise permitted in subsection (b) below.
   (b)   Front Setback on Built-up Block Faces. Where more than fifty percent of the lots on a residential block face are occupied by single-family detached dwellings, the minimum front setback depth for new a single-family detached dwelling shall be the average depth, plus or minus five feet, of the front setbacks of existing dwellings located within three hundred feet on either side of a given lot, provided however, the depth of the front setback resulting there from shall not be less than the setback of any single-family detached dwelling within three hundred feet on either side of the lot under review.
   (c)   Front Setback on Through Lots. On a through lot, a front setback shall be provided on each frontage equal to the minimum required front setback as set forth in Schedule 1266.04. There shall be no required rear setback on a through lot.
   (d)   Side Setbacks. Each interior and through lot shall have and maintain two side setbacks as set forth in Table 1266.04.
   (e)   Schedule 1266.04 Minimum Setback Requirements in the R-1, Country Home District.
 
R-1
Country Home District
(1)   Minimum front setback
70 ft.
(2)   Minimum side setback1 (each side)
20 ft.
(3)   Minimum rear setback
20 ft.
1   As further regulations by subsection 1266.04(f), Side Setbacks for Corner Lots
 
   (f)   Side Setbacks for Corner Lots. Corner lots shall maintain the following setback requirements. See Figure 1 below.
      (1)   Corner Side Setback. Where new construction or an addition to an existing building is proposed for a corner lot, such building or building addition shall maintain a corner side setback that complies with the following:
         A.   When the rear lot line of a corner lot coincides with the rear lot line of another corner lot, the corner side setback shall be the greater of:
            1.   The corner side setback of the abutting corner lot; or
            2.   The minimum side setback set forth in Schedule 1266.04.
         B.   When the rear lot line of a corner lot coincides with the side lot line of an interior lot. The corner side setback shall comply with the requirements for a front setback, including subsection (b) above for front setback dimensions on built-up blocks.
      (2)   Interior Side Setback. The width of a side setback along the interior side lot line shall not be less than the minimum side setback as set forth in Schedule 1266.04.
   (g)   Principal Building Projection Into Required Setbacks. No portion of any building may project into setbacks established in Schedule 1266.04 above, except for cornices, belt courses, entrance canopies and similar overhanging roofed spaces, chimneys, porticos, bays, and steps that may project not more than three feet into such setbacks.
 
(Ord. 2009-17. Passed 9-15-2009.)

1266.05 SINGLE-FAMILY DWELLING REQUIREMENTS.

   In order to promote healthful living conditions and to stabilize the value and character of residential areas, single-family dwelling units shall be erected, altered, moved, maintained or occupied only in accordance with the following minimum requirements:
   (a)   Minimum Floor Area Requirements for Single-Family Detached Dwellings the R-1 Country Home District.
      (1)   One-floor: 2,100 Sq. Ft.
      (2)   Two or more floors: 1st Floor - 1,400 Sq. Ft.; 2nd Floor - 700 Sq. Ft.
   (b)   Each dwelling shall have either a basement with a minimum floor area of 400 square feet or a utility room with a minimum of 150 square feet.
   (c)   The first floor elevation must be at or above finished grade.
   (d)   For the purposes of the floor area calculation in this section, the total floor area shall be determined by measuring dimensions from the outside foundation of the dwelling. However, all areas within basements, garages and any attached or detached accessory building or structure shall not be included.
   (e)   All exterior foundation walls, above the finished grade, shall be constructed of, or faced with, brick, or similar masonry materials. Poured concrete foundations with brick or stone pattern cast into the outer surface shall be considered as brick or similar masonry material.
   (f)   No dwelling shall be constructed unless reasonable provision is made for a dependable, pure water supply from a drilled well, cistern, spring or public water supply, in accordance with the regulations of the Cuyahoga County Board of Health.
   (g)   In the absence of a sanitary sewer, sewage shall be disposed of in a manner to prevent nuisance and contamination of water supply, and discharged through a watertight sewer into a septic tank constructed watertight in accordance with the regulations of the Cuyahoga County Board of Health, and such provision shall be made prior to occupancy of the premises.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2018-8. Passed 6-20-18.)

1266.06 HEIGHT LIMITATIONS.

   (a)   The height of the principal building in the R-1, Country Home District shall not exceed two and one-half stories or thirty-five feet as measured from the finished grade.
   (b)   The height of accessory buildings shall not exceed twenty feet.
   (c)   These regulations shall not apply so as to limit any of the following to a height less than seventy-five feet above the level of the finished grade of any public building permitted within such District: chimneys, church spires, clock towers, ornamental towers, flagpoles, water tanks, elevator penthouses and other mechanical appurtenances when erected upon and as an integral part of a building.
(Ord. 2009-17. Passed 9-15-2009.)

1266.07 ACCESSORY USE REGULATIONS.

   (a)   Accessory uses, permitted in the R-1 Country Home District shall comply with the regulations set forth below:
      (1)   For lots of 40,000 square feet or less, only one accessory building is permitted. For lots greater than 40,000 square feet, two accessory buildings are permitted.
      (2)   For lots with a detached garage existing at the time these regulations are adopted, up to 900 square feet of that garage shall not be considered as an accessory building for the purposes of these regulations.
      (3)   All accessory buildings shall be located in the rear yard only.
      (4)   The maximum floor area for all accessory buildings shall be 900 square feet. On lots greater than 40,000 sq. ft., the size of accessory buildings may be increased provided that total lot coverage of all accessory buildings is two percent or less.
   (b)   Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located in accordance with the restrictions set forth in Schedule 1266.07 (f). However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Zoning Code. No accessory building or structure shall be located within an easement.
   (c)   Parking Areas. Every residential parcel shall comply and conform to Chapter 1292, Off-Street Parking and Loading Regulations.
   (d)   Swimming Pools. Private swimming pools for permitted residential uses shall comply with the location and coverage requirements of accessory structures set forth in this chapter.
   (e)   Temporary Storage Units. Temporary storage units, meaning those without a foundation that are considered mobile, may be placed on a lot, in order to unload or load them, for not more than fourteen days in any six-month period, provided they shall not be located in a front yard, except on an impervious surface such as the driveway, during this fourteen day period. The Mayor may suspend this provision in the event of any emergency, so declared by the Mayor, such as but not limited to natural or man-made disasters.
   (f)   Schedule 1266.07 Permitted Accessory Structures in Front, Side and Rear Setback.
Use
Yard Permitted
Minimum Setback From Lot Line
Front
Side
Rear
Use
Yard Permitted
Minimum Setback From Lot Line
Front
Side
Rear
(1)   Detached accessory buildings, including garages1
Rear
NP
20 ft. 2,3
20 ft. 2,3
(2)   Roadside Stand5
Front, Corner side, side
20 ft.
20 ft.
NA
(3)   Driveways
Front, corner side, side, rear
NA
3 ft.
3 ft.
(4)   Fences, walls
Front, corner side, side, rear
(5)   Patios and decks
Sides, rear
NP
20 ft.
20 ft.
(6)   Private swimming pools
Side, rear
NP
20 ft.
20 ft.
(7)   Outdoor storage of recreation and commercial vehicles4
Rear
4
4
4
Notes to Schedule 1266.07:
1   Accessory buildings on corner lots shall have the same setback as principal buildings and shall be setback in compliance with Section 1266.04 (f).
2   Any accessory building shall be set back an additional 1 foot for every 1 foot of wall length greater than 34 feet up to a maximum setback of 100 feet.
3   Any building used to house livestock shall be located not less than 100 feet from dwellings on the same lot, 150 feet from any dwelling on any adjacent lot, 40 feet from a side or rear lot line, 100 feet from any swimming pool or 200 feet from the right-of-way line.
4   Any storage of recreational or commercial vehicles stored in the Country Home District must comply with sections 660.17 and 660.18 of the Codified Ordinances of the Village of Walton Hills. As further regulated by Section 1266.10 (a).
5   As further regulated by subsection 1266.07 (i).
NP - Not Permitted.
NA - Not Applicable
 
   (g)   Principal Building Required. No accessory building, structure or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Zoning Code.
   (h)   Landscaping and Incidental Structures Permitted. Hedges, shrubs, trees, flowers, plants, walks, latticework screens, arbors, trellises, mail boxes, lamp posts, bird baths, benches and similar landscaping features and incidental structures shall be permitted in a required setback. On a corner lot these structures shall be maintained between such setback building line and the street right-of-way in such manner as to not obstruct the view of traffic across the corner.
   (i)   Roadside Stands.
      (1)   All roadside stands shall be portable and stored behind the main structure at the conclusion of seasonal sales of agricultural products.
      (2)   No more than one sign, which shall not be lighted, shall be affixed to such stand and shall not exceed two square feet in area.
      (3)   Such stand shall be located only upon the premises where agricultural products offered for sale are grown and/or produced.
      (4)   Such stand shall be sited to provide adequate off-street pull-off space for the number of cars and people expected during peak periods.
      (5)   No more than one roadside stand shall be located per zoning lot.
   (j)   Location Requirements for Play Structures. Play structures, including but not limited to slides and swings, shall not be permitted in the front yard.
   (k)   Horses. Not more than two horses may be kept on any lot, regardless of the size of any such lot. No person shall keep, maintain, stable or board any horse not owned by the owner or lessee of the lot.
   (l)   Other Animals. No pigs, cattle, sheep, goats, or other livestock, except horses, shall be kept on any lot in the Village. (See Section 618.16 of the Walton Hills Code of Ordinances regarding chickens.)
(Ord. 2009-17. Passed 9-15-2009; Ord. 2021- 9. Passed 5-18-21.)

1266.08 HOME OCCUPATION REGULATIONS.

   The purpose of this section is to set forth regulations which control the establishment and operation of home occupations. The intent of these regulations is to control the non-residential use of a residential dwelling unit so that the non-residential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit. Home occupations shall be a permitted accessory use when conducted in compliance with the following standards. When not in compliance with the following standards, such home occupation shall be declared a nuisance pursuant to the Codified Ordinances of the Village of Walton Hills.
   (a)   Home occupations shall be clearly incidental and secondary in importance to the use of the dwelling for residential purposes.
   (b)   The occupation shall be conducted wholly within the principal building and the space used for production and sale shall not occupy more than twenty-five percent of the net floor area of the dwelling unit.
   (c)   No home occupation shall be carried on that will substantially change the residential character of the house.
   (d)   All storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside the structure.
   (e)   The number of automobiles or trucks attracted to the premise shall not be greater than that which is normally associated with residential uses.
   (f)   The noise, fumes, and vibrations generated by a home occupation shall not be greater than the expected levels or amounts typical of a residential area, and such noise level, fumes or vibrations shall not create a nuisance in the neighborhood.
   (g)   Client and customer traffic shall be limited to between the hours of 9:00 a.m. and 6:00 p.m.
   (h)   There shall be no more than two employees who are not permanent residents of the home.
   (i)   Signs shall conform to Chapter 1296, Sign Regulations.
(Ord. 2009-17. Passed 9-15-2009.)

1266.09 REGULATIONS FOR LIBRARIES, SCHOOLS AND PLACES OF WORSHIP.

   (a)   Libraries; schools, elementary and secondary (public or private); and places of worship shall comply with the regulations in this section.
   (b)   Schedule 1266.09 Development Regulations for Libraries, Schools and Places of Worship.
Libraries, Schools and Places of Worship
Libraries, Schools and Places of Worship
Minimum Lot Area
5 Acres
Minimum Lot Width
250 ft.
Minimum Front Setback
100 ft.
Minimum Side Setback abutting the Country Home District
50 ft. plus 1 foot of additional setback for each length of wall length up to a maximum total setback of 125 feet.
Minimum Side Setback abutting a non-residential district
20 ft.
Minimum Rear Setback
Same as side setback
Maximum Lot Coverage by Buildings
15%
 
   (c)   All buildings shall be located so as to have access to a dedicated street.
   (d)   Locations shall be adjacent to parks or other non-residential uses, such as schools or shopping centers, where use can be made of joint parking facilities.
(Ord. 2009-17. Passed 9-15-2009.)

1266.10 SUPPLEMENTAL REGULATIONS.

   (a)   Off-Street for Parking Residential Parcels. Every newly developed residential parcel shall have a hard-surfaced driveway with a minimum of two off-street parking spaces in compliance with the requirements set forth in Section 1266.07. Any parking within the rear yard for recreational vehicles must be hard-surfaced, and the parking area shall conform with the development standards and setback requirements for accessory buildings as regulated in Section 1266.07, Accessory Use Regulations.
   (b)   Maximum Distance of Dwelling from Fire Hydrant. No dwelling unit shall be constructed or maintained at a distance of more than 1,000 feet hose lay, from a fire hydrant.
   (c)   Renting of Rooms. The renting of a room or rooms in a single-family detached dwelling in the Country Home District shall be prohibited.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2021- 9. Passed 5-18-21.)