Willoughby City Zoning Code
CHAPTER 1131
One-Family Residential Districts
1131.01 PURPOSES.
One-Family Residential Districts and their regulations are established in order to achieve, among others, the following purposes:
(a) To regulate the bulk and location of dwellings to obtain proper privacy and useable open spaces on each lot appropriate for the various districts;
(b) To regulate the density and distribution of population in accordance with the Comprehensive Plan to avoid congestion and to provide adequate public services;
(c) To provide for proper location of institutions and other community facilities so as to increase the general convenience, safety and amenities;
(d) To protect residential neighborhoods from noxious fumes, odors, dust, excessive noises and abnormal vehicular traffic;
(e) To protect the desirable characteristics and promote the stability of existing residential development;
(f) To establish the R-50 District in recognition of the existing character of older neighborhoods, particularly in the North End, to ensure that new construction and additions are compatible with the existing character of the neighborhood and to ensure that major redevelopment occurs at the same minimum development standards that have been established elsewhere in the City;
(g) To promote the most desirable and beneficial use of the land in conformity with the Comprehensive Plan.
(Ord. 2020-21. Passed 2-18-20.)
1131.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved, or maintained, in whole or in part, in One-Family Residential Districts only for the uses permitted herein.
(a) Permitted Use Schedule Summary. Schedule 1131.03 enumerates those uses that may be located in a particular One-Family Residential District as a matter of right as a principal use, uses that may be located in a given district upon obtaining review and approval as a conditional use, and uses that are considered to be accessory to a principal or conditional use.
(1) A use listed in Schedule 1131.03 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other City Ordinances and this Planning and Zoning Code have been met.
(3) A use listed in Schedule 1131.03 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 1155 have been met. Conditional uses are subject to all other application regulations in this Code.
(4) A use listed in Schedule 1131.03 shall be permitted as an accessory use in a district when denoted by the letter "A". Such accessory uses are further regulated in subsequent sections, and shall be permitted as a subordinate building or use if it is clearly incident to and if located on the same zoning lot as the principal building or use.
(5) Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1115 or upon a finding that a use is substantially similar as provided in Section 1109.10.
(b) Compliance with Standards Required. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular residential district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question.
(c) Reference to Use-Specific Regulations. The numbers contained in Schedule 1131.03 in the "Use-Specific Regulations Reference" column are references to additional standards and requirements that apply to the use type listed. The standards referenced apply in all zoning districts where the use is a use permitted by right or a conditional use, unless otherwise expressly stated.
(Ord. 2020-21. Passed 2-18-20.)
1131.03 SCHEDULE OF PERMITTED USES.
One-Family Residential District | Use Specific Regulations Reference | ||||
R-100 | R-80 | R-60 | R-50 | ||
(a) RESIDENTIAL | |||||
(1) One-family dwellings | P | P | P | P | -- |
(2) Two-family dwellings | P | -- | |||
(b) SUPPORTIVE LIVING/CARE FACILITIES | |||||
(1) Group home, small | PS | PS | PS | PS | 1155.04(x) |
(2) Senior Citizen Development | C | 1155.04(rr) | |||
(c) OPEN SPACE/RECREATIONAL | |||||
(1) Agricultural uses of all types (farms, truck gardens, nurseries & commercial greenhouses) | C | 1155.04(d) | |||
(2) Cemeteries | C | 1155.04(n) | |||
(3) Club and commercial pools | C | C | C | C | 1155.04(p) |
(4) Golf courses | C | 1155.04(w) | |||
(5) Private country club | C | 1155.04(p) | |||
(6) Public parks, public playgrounds & other publicly owned recreation facilities | PS | PS | PS | PS | 1155.04(kk) |
(d) COMMUNITY SERVICES/FACILITIES | |||||
(1) Child day care center in association with a school or place of worship | C | C | C | C | 1155.04(o) |
(2) Places of worship | C | C | C | C | 1155.04(jj) |
(3) Private boarding schools and associated facilities and uses | C | 1155.04(jj) | |||
(4) Public safety facilities | C | C | C | C | -- |
(5) Public, private and parochial schools and associated facilities and uses | C | C | C | C | 1155.04(jj) |
(e) ADAPTIVE REUSE OF EXISTING NONRESIDENTIAL BUILDING | C | C | C | C | 1155.04(b) |
One-Family Residential District | Use Specific Regulations Reference | ||||
R-100 | R-80 | R-60 | R-50 | ||
(f) ACCESSORY BUILDINGS AND USES such as: | |||||
(1) Private garage and parking area | A | A | A | A | -- |
(2) Parking of recreational and commercial vehicles | A | A | A | A | -- |
(3) Storage, sheds, outbuildings | A | A | A | A | -- |
(4) Private swimming pools, hot tubs | A | A | A | A | -- |
(5) Gardens and greenhouses | A | A | A | A | |
(6) Fences and Walls | A | A | A | A | |
(7) Other yard structures | A | A | A | A | |
(8) Entrance features, patios, and decks | A | A | A | A | |
(9) Signs | A | A | A | A | |
(10) Child day care homes | AS | AS | AS | AS | |
(11) Home occupations | AS | AS | AS | AS | |
(12) Keeping and raising small livestock and bees | AS | AS | AS | AS | |
P = Principal Use permitted by right S = Permitted with additional use-specific standards C = Conditional Use A = Accessory Use Blank Cell means the Use is Not Permitted | |||||
(Ord. 2020-21. Passed 2-18-20.)
1131.04 LOCATIONS WHERE TWO-FAMILY UNITS PERMITTED. (REPEALED)
(EDITOR'S NOTE: This section was repealed by Ordinance 1997-218, passed November 18, 1997.)
1131.05 LOT AREA AND WIDTH REGULATIONS.
Buildings and land shall be used in accordance with the following lot regulations:
(a) Lot Area. The area of a lot that may be used for the purposes of a dwelling unit shall be not less than the area set forth in Schedule 1131.05 for the type of dwelling proposed and the district in which the lot is located;
(b) Lot Width. The width of a lot, measured at the building line, shall be not less than the width set forth in Schedule 1131.05 for the type of dwelling proposed and the district in which the lot is located;
(d) Lot Frontage. Each lot shall abut a street for a distance equal to the minimum lot width set forth in Schedule 1131.05;
(e) Minimum Lot Depth. Any lot fronting on a major street, which for the purpose of this section shall include Lost Nation Road, Euclid Avenue (U.S. 20), Johnnycake Ridge/Ridge Road (S.R. 84), Lake Shore Boulevard (S.R. 283), and S.O.M. Center Road (U.S. 91), or located on the opposite side of the street from a nonresidential district or abutting upon a freeway or railroad shall have the minimum depth set forth in Schedule 1131.05
(d)(1); all other lots shall comply with the minimum depth set forth in Schedule 1131.05
(d)(2).
(f) One Dwelling Per Lot. Not more than one dwelling shall be permitted on a lot except as permitted for Two Family Dwellings and Senior Citizen Developments.
Lot Area and Width Regulations
R-50 | |||||
R-100 | R-80 | R-60 | 1-Fam | 2-Fam | |
(a) Minimum Lot Area (square feet) | 15,000 | 12,000 | 8,400 | 6,000 | 9,000 |
(b) Minimum Lot Width (feet) | 100 | 80 | 60 | 50 | 75 |
(c) Corner Lot Minimum Width (feet) | 120 | 100 | 80 | 70 | 95 |
(d) Minimum Lot Depth (feet) | |||||
(1) For lots fronting on major streets or abutting a nonresidential district (a) | 170 | 170 | 160 | 140 | 140 |
(2) For all other lots | 130 | 125 | 120 | 90 | 100 |
(Ord. 2020-21. Passed 2-18-20.)
1131.06 YARD REGULATIONS.
Buildings shall be designed, erected, altered or moved only in a manner that maintains the minimum front, side and rear yards in accordance with the following regulations. Such required yards shall not be obstructed by any structure except as otherwise provided in Section 1169.07, Architectural Projections.
(a) Front Yard. Each lot shall maintain a front yard having a depth not less than the depth set forth in Schedule 1131.06 for the district in which the lot is located, except as may be shown otherwise on the Zoning Map and as further regulated in this chapter;
(b) Side Yards. Each lot shall have and maintain two side yards. The minimum width of any side yard of a lot shall be the width set forth in Schedule 1131.06 for the district in which the lot is located. The total width of the two side yards of a lot shall be not less than the total of the widths set forth in the aforesaid schedule, except as further regulated in this chapter. Not withstanding the regulations of this section, lots of record in the R-50 District shall be regulated according to the provisions in Section 1131.08.
(c) Rear Yard. Each lot shall maintain a rear yard having a depth not less than the dimension set forth in Schedule 1131.06 for the district in which the lot is located, or a depth equal to not less than 30% of the depth of the lot, whichever is the lesser;
(d) Yards of Corner Lots. Each corner lot shall provide a front yard abutting the principal street and a corner side yard abutting the side or secondary street, each yard having a dimension not less than the depth and width set forth in Schedule 1131.06. The interior side yard on a corner lot shall be not less than the minimum width required for a side yard as specified in Schedule 1131.06 (b)(1).
Minimum Required Yards (in feet)
R-50 | |||||
R-100 | R-80 | R-60 | 1-Fam | 2-Fam | |
(a) Minimum Front Yard Depth | |||||
(1)Lots fronting on Euclid, Lake Shore, S.R. 84, Lost Nation, S.R. 91 | 60 | 60 | 60 | 60 | 60 |
(2)All other lots | 50 | 50 | 40 | 40 | 40 |
(b) Side Yard Requirements | |||||
(1) Minimum Side Yard | 8 | 7 | 5 | 5 | 5 |
(2) Total of Both Side Yards | 20 | 17 | 12 | 10 | 12 |
(c) Minimum Rear Yard | 40(a) | 40(a) | 40(a) | 40(a) | 40(a) |
(d) Corner Side Yard | 33 | 33 | 27 | 27 | 27 |
(a) Or 30% of lot depth, whichever is the lesser. | |||||
(Ord. 2020-21. Passed 2-18-20.)
1131.07 DWELLING UNIT AREA REQUIREMENTS.
In order to promote healthful living conditions and to stabilize the value and character of residential neighborhoods, dwellings shall be erected, altered, moved, maintained, modernized or occupied only in accordance with the following dwelling area regulations:
(a) Dwelling Unit Area. For the above purposes, the area of a dwelling unit shall be the sum of the gross floor area above the basement level, 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. In order to be included, rooms above the first floor shall be directly connected to one another by permanent stairs and halls.
(b) Floor Area Measurements. The area shall be measured from the interior face of the exterior walls and measured from the interior face of exterior walls and centerline of party walls where applicable for two-family dwellings.
(c) Spaces Included as Floor Area. All areas within garages and breezeways; porches; public halls in two-family dwellings; and any attached or detached accessory building shall not be included. Only the spaces shown on the plans for which a building permit is applied for and which are to be completed shall be included in the calculations of the required area.
(d) Minimum Area. The gross floor area of a dwelling unit shall be not less than the square footage set forth in the following schedule for the district in which the dwelling is located.
Minimum Floor Area of a Dwelling Unit
(square feet per unit)
R-50 | |||||
Type of Dwelling | R-100 | R-80 | R-60 | 1-Fam | 2-Fam |
One-story dwelling | 1,500 | 1,200 | 1,000 | 1,000 | 1,000 |
Dwelling with more than one story | 1,700 | 1,400 | 1,250 | 1,250 | 1,250 |
(Ord. 2020-21. Passed 2-18-20.)
1131.08 SUPPLEMENTAL REGULATIONS FOR LOTS OF RECORD IN THE R- 50 DISTRICT.
Any single lot of record existing lawfully at the time of this Planning and Zoning Code, which has a lot width of less than fifty feet may be improved with a one-family dwelling and customary accessory buildings according to the standards set forth in this section.
(a) Front Yard. Where, on the effective date of this Planning and Zoning Code, forty percent (40%) or more of a block frontage was occupied by two or more dwellings, then the minimum required front yard for a lot proposed for development of a one-family dwelling shall be the average of the front yards of lots having frontage on the same block and located within 300 feet of the lot lines of the lot proposed for development.
(b) Maximum Floor Area Ratio. Notwithstanding the dwelling unit area requirements of Section 1131.07, the total floor area of a dwelling unit shall not exceed forty percent (40%) of the total lot area.
(c) Parking Within Front and Side Yard. Open, off-street parking areas may be permitted in the front and side yard, provided that no more than fifty percent (50%) of the total front yard is utilized for parking. Driveways, off-street parking areas, and turning areas shall be a minimum of one foot from a side lot line.
(d) Required Parking. Notwithstanding the requirements of Section 1161.04, Required Off-Street Parking Spaces, such lots shall provide a minimum of one parking spaces which shall not be required to be enclosed.
(Ord. 2020-21. Passed 2-18-20.)
1131.09 HEIGHT REGULATIONS.
(a) In One-Family Residential Districts, the height of any main building shall not exceed thirty feet, except as regulated in Section 1169.05. The height of any permitted accessory building shall not exceed one story or fifteen feet.
(b) Notwithstanding Section 1131.09(a), institutional buildings in a One-Family Residential District may be erected to a height not exceeding sixty feet, provided the front, side and rear yards shall have a depth equal to not less than one and one-half the height of the building wall abutting on such yard, except that church spires, cupolas, domes, towers, and flag poles, located upon or constituted as an integral part of an institutional building may exceed the above height limitation as permitted by the Planning Commission. (Ord. 2020-21. Passed 2-18-20.)
1131.10 ACCESSORY BUILDINGS AND USES.
Accessory uses, buildings and structures permitted in One-Family Residential Districts shall conform to the location, coverage and maintenance standards contained in this section. Attached garages as part of a dwelling are subject to all yard requirements for the principal building specified in Section 1131.06.
(a) Minimum Yard Requirements for Accessory Uses. An accessory building or use permitted in an R District shall be located as set forth in Schedule 1131.10(a); however, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in subsections 1131.10(b) through 1131.10(i).
Schedule 1131.10(a)
Minimum Yard Requirements for Accessory Uses
Yard | Minimum Distance (in feet) From | |||||
Permitted Structure, Building | in Which Permitted | Rear Lot Line | Side Lot Line | Side Street (Corner Lot) | ||
Detached garage, storage, shed, other similar accessory buildings | Rear | 3 | 3 | (a) | ||
Sidewalk and driveway | Front, Side | 2 | 2 | NA | ||
Accessory off-street parking area | Rear Only | 5 | 5 | (a) | ||
Swimming pools, hot tubs | Rear only | 5 | 5 | (a) | ||
Deck or patio, unenclosed porch, steps, and similar unenclosed | Rear and Side | 5 | 5 | (a) | ||
entrance features (b) | Front | See Section 1131.10 (b) | ||||
Open parking area for storage of a commercial vehicle or recreational equipment(c) | Rear Only | 3 | 3 | (a) | ||
Fences | Front, Side and Rear | (d) | (d) | (d) | ||
Yard Structures having a height greater than four feet | Side and Rear | 5 | 5 | 5 | ||
NOTES TO SCHEDULE 1131.10(a): (a) No closer to the side street than the principal building, unless otherwise specified in this Code. (b) "Height" of a deck, porch, ramp, or steps means the vertical distance from the average finished ground elevation to the highest point of the structure including a rail or built-in bench, or roof of an unenclosed porch. (c) See Section 1131.10(f) for parking of non-passenger vehicles. (d) See Section 1131.10(i) for regulations governing fences.
NA = Not Applicable | ||||||
(b) Permitted Structures in Front Yard, Side Yard and Corner Side Yard. Unenclosed entrance features, including but not limited to, stairs, ramps, platforms, and landings, patios and decks, not extending above the level of the first floor, may extend into a front, side, or corner side yard a maximum of eight feet provided that such structure shall be located no closer than three and five-tenths feet from a side lot line. The minimum distance from a side lot line shall be increased one inch for each foot the entrance feature exceeds ten feet in width. Any entrance feature designed specifically to aid and assist the handicapped, as defined in Section 452.18(b) of the Codified Ordinances, shall be excluded from regulations of this chapter.
(c) Maximum Rear Yard Coverage of Accessory Uses. The percentage of rear yard covered by accessory uses, including detached accessory buildings and structures, shall not be greater than as set forth in Schedule 1131.10(c). The area of building, structure or pavement shall be the maximum area of land on which, or above which, such building, structure or pavement is constructed. The percentage of yard coverage shall be the area of building, structure and/or pavement in ratio to the area of the rear yard. However, in no case shall the total of all accessory uses, buildings and structures exceed the maximum coverage set forth in Schedule 1131.10(c). For the purpose of this section, all accessory uses, buildings, and structures having a horizontal surface area shall be included except for incidental portable play equipment.
Schedule 1131.10 (c)
Maximum Rear Yard Coverage of Accessory Uses
Accessory Buildings, Uses, and Structures | R-100 | R-80 | R-60 | R-50 | |
(1) Accessory buildings | (a) | (a) | (a) | 30 %(a) | |
(2) Off-street parking and other pavement | 30 % | 30% | 40% | 40% | |
(3) All other accessory structures | 55 % | 60 % | 65 % | 70 % | |
Total Maximum Coverage of the Rear Yard | 55 % | 60 % | 65 % | 70 % | |
NOTES TO SCHEDULE 1131.10 (c): | |||||
(d) Number and Area of Accessory Buildings.
(1) Each one-family and two-family dwelling shall be permitted to have in the rear yard a maximum of two detached accessory buildings, provided that for any dwelling there shall be not more than one garage either detached from or attached to the dwelling.
(2) The total area of the two accessory buildings shall be not exceed 800 square feet if one of the buildings is a detached garage for a one-family dwelling, or 1,000 square feet if one of the buildings is a detached garage for a two-family dwelling.
(3) If the dwelling has an attached garage, the total area of the two accessory buildings shall not exceed 200 square feet.
(1) If a driveway is located in the side yard, such yard shall be a minimum of ten feet wide.
(2) Driveways shall not serve buildings or uses on adjacent lots or part of the same lot if the use is in a different district unless conditionally approved by Planning Commission.
(3) Driveways serving a lot which abuts a County or State road or a major street as designated on the Thoroughfare Plan, shall be provided with a turning area so that a vehicle may be driven forward on to the street.
(4) The repair and rebuilding of a vehicle owned by resident is permitted, but only if conducted within an enclosed private garage. The dismantling of vehicles is prohibited.
(f) Parking or Storage of Recreational, Commercial and Other Vehicles. In addition to the area, coverage, and locational requirements of Schedules 1131.10 (a) and 1131.10 (c), the parking or storage of a recreational vehicle, camper, or boat, on or off wheels, truck or commercial vehicle, shall comply with the following regulations.
(1) All recreational vehicles shall be either stored wholly within a garage or outdoors in compliance with the following:
A. Not more than one recreational or commercial vehicle shall be stored outdoors.
B. Outdoor storage shall be permitted only in the rear yard on a paved or gravel surface.
C. In the event a permanent obstacle(s) prevents the maneuvering of a recreational vehicle into the rear yard, the Board of Zoning Appeals may approve a variance that authorizes a recreational vehicle to be stored in the side yard on a paved or gravel surface.
(2) The outdoor parking of a commercial vehicle shall not be permitted on a lot in a One-family Residential District except that an occupant shall be permitted to park one truck not exceeding three-quarter ton rated capacity that is used in connection with said occupant's livelihood.
(3) Recreational and commercial vehicle shall not be used as a dwelling, office, or other business structure, or for storage of any material, and shall have no connections to any electric, telephone, water, sewer, gas, or fuel source.
(4) A recreational or commercial vehicle may be parked in a driveway for loading or unloading purposes for a period not to exceed forty-eight hours in any seven-day period.
(5) Recreational and commercial vehicles must be licensed by the state.
(h) Gardens and Greenhouses. Plants, fruits, vegetables are permitted in private greenhouses or open areas. Greenhouses shall comply with the area, coverage and yard requirements for accessory buildings found in this section.
(i) Fences, Walls, and Hedges. Fences, walls, and hedges may be located in a front, side, or rear yard, provided they comply with the regulations of this section.
(1) Front Yards. In a required front yard, a fence, wall or hedge shall not exceed four feet in height above the natural grade, except that within twenty-five feet of a public right-of-way, a fence shall not exceed three feet in height. At least forty-percent (40%) of the vertical surface of a fence located in a front yard shall be open.
A. The percentage of openness of a fence shall be calculated when viewed from an angle perpendicular to the fence.
B. The openings of a fence shall be evenly spaced throughout the vertical surface.
C. Examples of fences permitted in the front yard include, but are not limited to wrought iron, picket and rail fences. See Figure 1131.10(i)(1).
Figure 1131.10(i)(1).
(2) Corner Lots.
A. In the required corner side yard abutting a secondary street, a fence, wall or hedge shall not exceed six (6) feet in height above the natural grade, except that a fence located within twenty-five (25) feet of a public right-of-way shall not exceed three (3) feet in height and shall comply with the openness requirement for front yards set forth in subsection 1131.10(i)(1).
B. Fences in a corner side yard shall provide for sufficient airflow, either with a minimum of uniform one-quarter inch (1/4") opening between pickets or a solid fence topped with open lattice, spindle or predominantly open component, where the height of the open component is not less than fifteen percent (15%) of the total height of the fence.
(3) Side and Rear Yards.
A. In the required side or rear yard, a fence, wall or hedge shall not exceed six feet in height above the natural grade, except that a fence located within twenty-five feet of a public right-of-way shall not exceed three feet in height and shall comply with the openness requirement for front yards set forth in subsection 1131.10(i)(1).
B. A fence, wall or hedge, any part of which is located less than six linear feet from a dwelling on an adjoining property, shall not exceed four feet in height at any point along the entire length of the main dwelling located on the adjoining property.
C. Fences in a side or rear yard shall provide for sufficient airflow, either with a minimum of uniform one-quarter inch (1/4") opening between pickets or a solid fence topped with open lattice, spindle or predominantly open component, where the height of the open component is not less than 15% of the total height of the fence.
See Figure 1131.10(i)(2).
Examples of fences permitted in side, corner side and rear yards include, but are not limited to shadow box, wrought iron, and lattice top fence.
Shadow Box Wrought Iron Lattice-Topped
(4) Fences shall be of chain link, picket, split rail, sapling, louver or other design in compliance with any openness requirement, and if painted, shall be one color. Fences having “stockade” type of pickets are not permitted.
(5) Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The finished side of the fence or wall shall face outward from the yard being fenced. A fence or wall shall not encroach beyond a property line.
(j) Other Yard Structures. Yard structures, including but not limited to trellises, open gazebos, outdoor fireplaces, and outdoor lighting may be located in a front, side, or rear yard, provided they comply with the regulations of this section. Any yard structure that is enclosed on at least three sides and has a roof shall be regulated as an accessory building and shall be subject to the regulations of Section 1131.10(d).
(1) When yard structures are located in a front yard, they shall comply with the height requirements for fences, walls, and hedges of Section 1131.10(i).
(2) Small satellite antennas shall be placed to the extent feasible in locations that are not visible from the street. When other locations are not feasible, small satellite antenna may be located in the front yard, in compliance with the minimum front yard required in Schedule 1131.06.
(3) The maximum height of a yard structure in the side or rear yard shall be 15 feet above the natural grade, except as otherwise regulated in this code, and any yard structure taller than four feet shall comply with the Schedule 1131.10(a).
(4) Yard structures shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located.
(5) 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 adjacent property.
(k) Signs. Signs may be located in any One-family Residential District provided they comply with the requirements of Chapter 1163.
(Ord. 2020-21. Passed 2-18-20; Ord. 2024-83. Passed 8-13-24.)
1131.11 CHILD DAY CARE HOME REGULATIONS.
This Planning and Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well-being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care homes in a manner that preserves the residential character of neighborhoods. A day-care home is a permanent residence of the provider where child care is provided for one to six children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Child day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate.
(Ord. 2020-21. Passed 2-18-20.)
1131.12 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 nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and does not in any manner whatsoever disrupt or alter the residential character of the neighborhood in which it is located. 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.
(a) The home occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.
(b) Any on-site business related in any manner to the home occupation shall be conducted by only occupants of the dwelling unit.
(c) The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.
(d) There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation.
(e) No merchandise shall be sold on the premises.
(f) A home occupation shall occupy no more than twenty-five percent (25%) of the floor area of the dwelling, or 250 square feet, whichever is lesser.
(g) No equipment shall be permitted that creates a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke, or electromagnetic interference.
(h) All vehicles belonging to clients and customers must park in the driveway of the dwelling. Client and customer traffic shall be limited to the hours between 8:00 a.m. and 10:00 p.m.
(i) The parking of commercial and non-commercial vehicles shall comply with the regulations for such activities enumerated in Section 1131.10.
(Ord. 2020-21. Passed 2-18-20.)
1131.13 KEEPING/RAISING SMALL LIVESTOCK AND BEES.
The regulations of this section are established to permit the keeping and raising of small livestock and bees in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
(a) Small livestock. The keeping of chickens, ducks, rabbits, and similar farm animals, and cages, coops and enclosures for the keeping of such animals shall comply with the following requirements:
(1) A maximum of six (6) such animals may be kept on the property.
(2) Geese, turkeys and roosters are not permitted. However, if the gender of a chick cannot be determined at hatching, a chick of either gender may be kept on the property for no more than six (6) months.
(3) Coops and Cages. All such animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.
A. The coops and cages housing such animals shall be located in the rear yard, a minimum of five (5) feet from a side or rear lot line.
B. The total area of all coops or cages on a lot shall not be greater than thirty-two (32) square feet for up to six (6) animals. Coops and cages shall not exceed fifteen (15) feet in height.
(4) Enclosures and Fences. Such animals shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the animals on the property and to prevent access by dogs and other predators and providing at least ten (10) square feet of area for each such animal.
(5) Coops, cages and enclosures shall be maintained in a clean and sanitary condition at all times. Waste materials shall be disposed in a manner that will not cause odor or attract flies or vermin.
(6) Slaughtering of small livestock is prohibited, and no commercial activity shall be permitted as a result from the keeping of small livestock on the property.
(7) The restrictions of this section do not pertain to household pets or companion animals.
(b) Bees. The keeping of bees, and associated beehives, shall comply with the following regulations.
(1) No more than one (1) beehive shall be kept for each four thousand (4,000) square feet of lot area, up to a maximum of eight (8) beehives.
(2) Beehive Location and Setbacks.
A. Beehives shall be located in the rear yard, a minimum of five (5) feet from a side or rear lot line.
B. No beehive shall be kept closer than ten (10) feet to a dwelling or the permitted placement of a dwelling on an adjacent parcel.
C. The front of any beehive shall face towards the interior of the lot on which it is located and away from the property line of the residential property closest to the beehive.
(3) A solid fence or dense hedge, known as a "flyway barrier," at least six (6) feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines.
(4) A supply of fresh water shall be maintained in a location readily accessible to the beehives on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
(5) No Africanized bees may be kept on a property under the regulations of this section.
(6) Any person owning or possessing bees shall comply with all state laws, including the requirements in ORC 909.02 for obtaining a certificate of registration from the director of agriculture.
(Ord. 2020-21. Passed 2-18-20.)