(a) Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses while not creating adverse impacts on surrounding lands.
(b) General provisions.
(1) An accessory use or structure shall be incidental to the primary use of the lot, and shall not alter the character of the principal use.
(2) Accessory uses and structures shall be constructed on the same lot as the principal use that it serves.
(3) No accessory structure shall be constructed on any lot until the construction of the principal structure has commenced.
(4) Demolitions.
A. In cases where the main or principal structure is demolished, an existing accessory structure shall be allowed to remain on the lot or property without the main structure to which it is supposed to be an accessory on the following conditions:
1. Up to 12 months consistent with that allowed by Chapter 1242: Nonconformities; and
2. A zoning permit and building permit is obtained for the reconstruction of the principal structure, the construction of which shall take place within 12 months. Failure to complete reconstruction of the principal structure will be an automatic cause for the removal of the accessory structure at the owner’s expense unless cause is given, in which case the Code Administrator may approve an extension of up to 12 months.
B. If the main or principal structure is demolished, all paved areas shall be demolished in accordance with § 1234.05(a).
(5) Small accessory structures such as doghouses, benches, garden decorations, barbeque equipment and the like shall be exempt from the provisions of this section provided they do not have a footprint that exceeds 24 square feet.
(6) Gardens and the raising of crops for the personal use of the residents, tenants or property owners, may be grown in the side or rear yard, without a permit.
(7) Maintaining or harboring livestock is prohibited, unless approved as an agricultural use in accordance with this code or in accordance with division (f)(24) of this section. Maintaining or harboring roosters or other poultry not in accordance with division (f)(24) of this section shall not be approved as a conditional use.
(8) An accessory building that is attached to the principal building shall be considered an integral part of the principal building and shall comply with the site development standards and all other development standards of the applicable zoning district. Any accessory structure shall be considered as an integral part of the principal building if it is connected to the principal building either by common walls or by a breezeway or roof.
(9) The accessory use regulations of this chapter shall not apply to any public park lands owned by the city, Lorain County or the state.
(10) Height limit.
A. Unless otherwise stated, the maximum height of a detached accessory building in residential zoning districts shall be 20 feet.
B. Unless otherwise stated, the height of a detached accessory building in nonresidential zoning districts shall not exceed the height of the principal building.
C. In no case shall any accessory structure exceed the height of the principal building in a residential zoning district.
(11) Number and size requirements.
A. There shall be no more than two accessory buildings located on a single zoning lot in a single-family residential district (R-1A, R-1B, R-1C and R-1D).
B. For the purposes of this code, accessory buildings shall include detached garages and carports, detached storage/utility sheds, and other detached accessory buildings that are completely enclosed by a roof and walls constructed of permanent materials (including screened-in porches where the majority of materials is permanent), as determined by the Code Administrator.
C. Table 1224-1 establishes the maximum gross floor area of accessory buildings as well as the maximum lot coverage, of the rear yard, of all accessory structures (including accessory buildings) for single-family residential districts. Table 1224-2 includes a column that identifies what accessory buildings and structures count toward this lot coverage.
Table 1224-1: Maximum Floor Area and Rear Yard Coverage for Accessory Structures | |||||
Zoning District | Lot Containing a Dwelling with an Attached Garage | Lot Containing a Dwelling without an Attached Garage | Maximum Lot Coverage of Rear Yard by All Accessory Structures | ||
Maximum Sq. Ft. of Any One Accessory Building | Maximum Sq. Ft. of All Accessory Buildings | Maximum Sq. Ft. of Any One Accessory Building | Maximum Sq. Ft. of All Accessory Buildings
| ||
R-1A | 500 | 1,000 | 1,250 | 1,400 | 40% |
R-1B | 500 | 1,000 | 1,250 | 1,400 | 45% |
R-1C | 250 | 500 | 500 | 650 | 65% |
R-1D | 250 | 500 | 500 | 500 | 65% |
NOTE: Sq. Ft. = Square feet | |||||
D. Accessory buildings on large lots. In any residential district on lots of one and one-half acres or greater, an accessory building larger than permitted by the regulations set forth in Table 1224-1 may be permitted in compliance with the following.
1. The accessory building shall have an area not to exceed 4% of the area of the rear yard, or 3,000 square feet, whichever is lesser.
2. On lots with an area of three acres or more, such accessory building shall be permitted in the side or rear yard.
3. Such accessory building shall be located no less than 150 feet from a public right-of-way and no less than 50 feet from a side or rear lot line.
4. Such accessory building shall not exceed 24 feet in height but in no case shall the height of the accessory building exceed the height of the principal building.
(12) Setback and location requirements.
A. Accessory structures shall be located in the yards established in Table 1224-3.
B. Accessory structures in residential districts shall be setback a minimum distance as established in Table 1224-2 below.
C. Accessory structures in nonresidential districts shall be setback a minimum of ten feet from the side and rear lot lines unless such lot lines share a boundary with a residential district in which case, the accessory structures shall be set back a minimum of 25 feet from the adjacent residential zoning district.
D. Table 1224-2 also establishes the minimum setback for all paved surfaces, including driveways in residential districts.
Table 1224-2: Minimum Setbacks for Accessory Structures and Uses in Residential Districts | |||||
Accessory Structure or Use | R-1A and R-1B Districts | R-1C and R-1D Districts | R-2 and R-3 Districts | ||
Side Yard Setback | Rear Yard Setback | Side Yard Setback | Rear Yard Setback | Side and Rear Yard Setback | |
Accessory buildings | 3 | 3 | 3 | 3 | 10 |
Swimming pool | 6 | 10 | 3 | 5 | 10 |
Driveways [1] [2] | 0 | 0 | 0 | 0 | 0 |
Other paved surfaces | 0 | 2 | 0 | 0 | 0 |
Fences | See § 1226.03 | ||||
All other accessory structures | 3 | 3 | 3 | 3 | 10 |
NOTE: All setback numbers are in feet. | |||||
[1]On lots where there is a side-loading garage or access to a garage where a vehicle backs out of the garage toward an adjacent lot line instead of a street and where a zero-foot setback is proposed, a curb shall be installed along the entire driveway to prevent the overhang of any vehicles across lot lines and to direct drainage to approved drainage systems. | |||||
[2]See additional driveway standards in § 1234.06. | |||||
E. Accessory buildings that are permitted in the rear yard only, as established in Table 1224-3, may be permitted in the side yard if there is a 50-foot setback from the side lot line.
F. Additional setbacks may be required from the principal building, adjacent structures, or streets based on the applicable building or fire code regulations.
G. Accessory structures shall be separated from the principal building a minimum of ten feet or the distance required by the Fire Code, whichever is greater. If the separation of the accessory and main structure is less than required, the accessory structure shall be protected with a fire-resistant material and shall conform to the same yard requirements as the principal building.
(c) Prohibited structures for accessory uses.
(1) Unless approved as a temporary use pursuant to this code, accessory structures that are constructed with fabric, canvas, tarpaulin or other similar materials shall be prohibited. Inflatable garages or storage structures shall also be prohibited
(2) Portable containers, shipping containers and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any zoning district.
(d) Accessory uses in the Residential Planned Developments.
(1) The types of accessory uses allowed in a RPD shall be considered as part of the PRD review. Generally:
A. Accessory uses for single-family residential dwellings shall be those allowed in the R-1A District;
B. Accessory uses for multi-family residential dwellings shall be those allowed in the R-2 District;
C. Accessory uses for commercial uses shall be those allowed in the B-3 District; and
D. Accessory uses for industrial uses shall be those allowed in the I-1 District.
(2) The Planning Commission and City Council may approve alternative accessory uses and structures within an RPD if allowed as part of the RPD development plan approval process.
(e) Permitted accessory uses. The following is an explanation of Table 1224-3.
(1) Defined. The symbols for permitted uses (P), permitted uses with standards (PS), and conditional uses (C) are defined in the same manner as § 1216.05(b).
(2) Prohibited uses. A blank cell indicates that a use is prohibited in the respective zoning district.
(3) Yards permitted. This column identifies within which yards the use may be permitted. See the use-specific standards for any restrictions related to placement in individual yards.
(4) Floor area and yard calculation.
A. This column identifies when the accessory structure is “included” in the calculation of maximum lot coverage requirements of Table 1222-1 and Table 1224-1.
B. Where accessory buildings and structures are placed on risers, posts or other unpaved surfaces, such buildings and structures shall still count toward any floor area and coverage requirements of this section if they are included in the calculation according to Table 1224-2.
(5) Zoning permit required. A “Yes” in the “Zoning Permit Required” column shall mean that the applicable accessory structure requires a zoning permit in order to be constructed.
(6) Use-specific standards. The numbers contained in the “Use-Specific Standards” column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the “Use-Specific Standards” column apply in all zoning districts unless otherwise expressly stated.
(7) Use determination and unlisted uses. The determination of whether a proposed accessory use or structure is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section shall be made in the same manner as principal uses. See § 1216.05(d).
Table 1224-3: Permitted Accessory Uses and Structures | ||||||||||
Use Category and Use Type
P = Permitted Use PS = Permitted Use with Standards C = Conditional Use | R-1A, R-1B, R-1C, and R-1D | R-2 and R-3 | MUO | B-1, B- 2 and B-3 | I-1, and I-2 | P-1 | Yards Permitted F = Front S = Side R = Rear | Yard Coverage Calculation | Zoning Permit Required | Use-Specific Standards in Sec.: |
Accessibility ramps | PS | PS | PS | PS | PS | PS | F, S or R | Not included | Yes | 1224.01(f)(1) |
Amateur radio towers and antennas | PS | PS | PS | PS | PS | PS | S or R | Not included | Yes | 1224.01(f)(2) |
Basketball hoops | PS | PS | PS | PS | PS | PS | F, S or R | Not included | No | 1224.01(f)(3) |
Bike and skateboard ramps | PS | PS | PS | PS | R | Included | Yes | 1224.01(f)(4) | ||
Detached garages and carports | PS | PS | PS | PS | PS | PS | R | Included | Yes | 1224.01(f)(5) |
Detached storage/utility sheds and other detached buildings | PS | PS | PS | PS | PS | PS | R | Included | Yes | 1224.01(f)(6) |
Drive-through facility | PS | PS | See § 1224.01(f)(7) | Not included | Yes | 1224.01(f)(7) | ||||
Gazebos and pergolas | P | P | P | P | P | P | R | Included | Yes | |
Generators and HVAC equipment | PS | PS | PS | PS | PS | PS | F, S or R | Not included | Yes | 1224.01(f)(8) |
Home occupations | PS | PS | PS | Not applicable | Not included | Yes | 1224.01(f)(9) | |||
Nursery schools or day care centers (children or adults) | PS | PS | PS | PS | PS | PS | Not applicable | Not included | Yes | 1224.01(f)(10) |
Outdoor dining | PS | PS | PS | F, S or R | Not included | Yes | 1224.01(f)(11) | |||
Outdoor displays and sales | PS | PS | PS | F, S or R | Not Included | Yes | 1224.01(f)(12) | |||
Outdoor storage and bulk sales | PS | PS | R | Not Included | Yes | 1224.01(f)(13) | ||||
Outdoor vending machines and drop-off boxes | PS | PS | PS | PS | PS | PS | F, S or R | Not Included | No | 1224.01(f)(14) |
Patios, porches and decks | PS | PS | PS | PS | PS | PS | F, S or R | Included | Yes | 1224.01(f)(15) |
Playsets, treehouses and trampolines | PS | PS | PS | PS | R | See § 1224.01(f)(16) | No | 1224.01(f)(16) | ||
Renewable energy systems | See Chapter 1240: Renewable Energy Systems | |||||||||
Retail commercial uses | PS | PS | PS | Not applicable | Not included | No | 1224.01(f)(17) | |||
Satellite dishes | PS | PS | PS | PS | PS | PS | Not applicable | Not included | No | 1224.01(f)(18) |
Swimming pools | PS | PS | PS | PS | PS | R | Included | Yes | 1224.01(f)(19) | |
Tennis and other recreational courts | PS | PS | PS | PS | PS | PS | R | Included | Yes | 1224.01(f)(20) |
Type-B day care home | PS | PS | PS | PS | PS | Not applicable | Not included | No | 1224.01(f)(21) | |
Type A day care homes | C | NA | Not included | Yes | 1224.01(f)(22) | |||||
Utility structures | PS | PS | PS | PS | PS | PS | See § 1224.01(f)(23) | |||
(f) Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of division (b) of this section.
(1) Accessibility ramps. Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public sidewalk, right-of-way or street.
(2) Amateur radio towers and antenna.
A. No more than one amateur radio tower and/or antenna shall be permitted on each lot.
B. Ground-mounted amateur radio towers, antennas and related guy wire anchors must be located in the rear yard.
C. Building-mounted amateur radio towers and antennas must be located to the rear of the centerline of the principal building.
D. Such tower shall not exceed 65 feet in height or the maximum height of the applicable zoning district, whichever is greater. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.
E. Antennas and guy wire anchors shall not overhang or otherwise be located within required accessory structure setbacks or on adjacent lots.
F. When an amateur radio tower and antenna is no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer or property ownership or lease to an individual without an FCC license.
G. Amateur radio towers and antennas that do not comply with the provisions of this section shall require a conditional use approval (see § 1214.03: Conditional Uses). The application for a conditional use approval for amateur radio towers and antennas must demonstrate that compliance with the provisions of this section would prevent the amateur radio operator from exercising the rights granted to him or her by the FCC or the state by license or law. If the Planning Commission determines that expertise beyond that of city staff is necessary to determine compliance with this criterion, then the applicant shall reimburse the city for any expenses necessary for hiring a third-party consultant to make this determination.
(3) Backyard chickens, coops/runs. Notwithstanding any of the foregoing, female chicken “hens”, and no other fowl or poultry for the purpose of egg production, shall be kept in the city in R-1A, R-1B, R-1C, R-1D, R-2, R-3, P-1, PUD and RPUD zoning districts beginning with pullets (young female chickens less than one year of age), hen (female chicken one or more year(s) of age), or female chicks (very young chicken) in accordance with the following regulations.
A. Permit application.
1. Before the keeping of hens can occur, a zoning permit and building permit shall be obtained.
2. Permit applications shall be accompanied by the following:
a. Back yard hen training certificate from a city-approved back yard hen-keeping training provider;
b. A rendering that includes the specifications for the intended coops/runs showing placement in relation to property lines, creeks, waterways, city main storm inlet(s), retention basin(s) or other structures on the property with accurate dimensions shown, including easements. On properties with platted easements, whether on the side or rear yards, any proposed structure shall be a minimum of five feet from said easement, including storm sewer, drainage, and utility easements. Any proposed structure should also be a minimum distance of ten feet from creeks/ditches, waterways, city storm inlet(s), or city drains;
c. Submit plans for any electrical and/or plumbing requirements;
d. Submit a sketch of the fence, wall or landscape screening plan for the coops/runs and a fence permit pursuant to § 1226.03;
e. If the applicant is not the property owner, written permission from the property owner to have backyard hens on the property must be submitted; and
f. By signing this application, the applicant and property owner allow city personnel onto the property to inspect the coops/runs; conditions of chickens; and in response to complaints of offensive odors, noises, conditions or other violation of the planning and zoning regulations.
B. Personal use, limitations.
1. Hens shall only be purchased from sources that are certified by the U.S. Department of Agriculture National Poultry Improvement Plan (USDA-NPIP).
2. Hens shall only be kept for personal use by persons residing in the principal structure on the lot on which the hens are kept.
3. No more than six hens shall be permitted on any lot.
4. No eggs from hens shall be sold.
C. Setbacks.
1. Coops/runs are restricted to rear yards.
2. In residential zoning districts, the coops/runs shall be kept at least three feet from the side and rear property lines, unless the coops/runs are a bump out on a detached garage, then it shall be kept at least three feet from the side and rear property lines. In P-1 zoning districts, the coops/runs shall be three feet from the side and rear property lines, unless such lot lines share a boundary with a residential district, in which case, the coops/runs shall be set back a minimum of 25 feet from the adjacent residential zoning district.
3. Such structures shall be located no less than 20 feet behind the rear most wall of the principal structure on the lot and adjacent lots.
D. Enclosure.
1. A COOP/RUN shall be defined as an enclosure that houses hens. It is connected as one accessory structure. The base surface of coops/runs must not exceed 200 square feet and eight feet in height pursuant to § 1226.01(g)(1)A., and shall be exempt from the lot coverage restrictions contained in the zoning code.
2. Hens shall not be allowed out of the coops/runs, unless an adult on the property on which the hens are kept is directly monitoring them and the adult is able to immediately return the hens to the coops/runs, if necessary.
3. Hens are not allowed outside of the permitted property, including on a neighbor’s property or on the public right-of-way.
4. Hens shall be kept in a covered, predator-proof coops/runs, with a floor impervious to digging that is well-ventilated and designed to be accessible for cleaning. The coop portion of the coops/runs shall be well-ventilated, providing a humane environment as to warmth, ventilation, light, and bedding, and provide nesting boxes and roosting poles. The hens shall have adequate water supply and nourishment.
5. The coops/runs shall be of uniform and sturdy design and constructed of quality materials consistent with the neighborhood design.
6. The coops/runs shall always be maintained in good repair to protect the aesthetics of the neighborhood and not present a blighted appearance to the property or to neighbors.
7. Hens shall have access to an outdoor run that is attached to the coop to prevent them from running at large and to prevent access by predators.
8. The coop area of the coops/runs shall allow two to four square feet, depending on the size of the hen. The run shall allow for ten square feet per hen. The coops/runs shall be constructed to provide humane conditions to ensure the health and well-being of the hens.
9. Landscaping, fencing, or a wall or a combination thereof, shall keep the coops/runs from being viewed from the street and adjacent properties.
10. Portable coops/runs or coop tractors that are meant to be moved, are not permitted on the lot.
E. Sanitation, slaughtering.
1. The coops/runs must be kept clean, dry, and sanitary; free from debris and offensive odors; and devoid of rodents and vermin.
2. A perimeter around the coops/runs that is at least six feet or to the property line, whichever is further, shall be clear of weeds, junk, and other debris and shall be maintained to keep it clear of harboring rodents and vermin.
3. The coops/runs shall be located so that adequate drainage is obtained, normal drying occurs, and standing water is not present.
4. The coops/runs must be cleaned on a regular basis to prevent the accumulation of waste. Waste management best practices as recommended by Ohio State University shall be implemented.
5. All feed must be stored in a rodent-proof container.
6. No hens shall be slaughtered on-site. Hen(s) must be transported to a slaughter and rendering establishment that has been approved to receive poultry by the U.S. Department of Agriculture.
F. Number and transferability.
1. Applications shall be kept on file by the Building Department pursuant to § 1214.10(f).
2. Permits shall automatically be renewed, unless the property is sold or the permit holder is cited for noncompliance, in which case the coops/runs shall be inspected by the Building Department and Community Development Department and treated as a new application.
G. Permit revocation. The Community Development Department shall revoke a permit at any time if the permit holder fails to adhere to the provisions of this division pursuant to § 1214.10(g).
H. Appeal. Any denial of a permit application or revocation of a permit may be appealed pursuant to § 1214.11 of this code of ordinances.
(4) Basketball hoops.
A. Basketball courts shall be reviewed as “tennis and other recreational courts”.
B. Movable basketball hoops shall not be located in rights-of-way or be so located as to require play in any right-of-way.
(5) Bike and skateboard ramps. Bike ramps and skateboard ramps shall be set back at least 15 feet from all lot lines.
(6) Detached garages and carports.
A. Detached garages and carports shall be served by a paved driveway.
B. Detached garages and carports shall be constructed of materials that are similar to the materials used for the principal building.
(7) Detached storage/utility sheds, and other detached buildings. Detached storage/utility sheds, and other detached buildings that exceed 100 square feet in floor area shall not be constructed with metal or plastic facades.
(8) Drive-through facilities. The following standards shall apply to businesses that contain a drive-through facility regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine).
A. General standards.
1. Audible electronic devices such as loudspeakers, automobile service order devices and similar instruments shall not be located within 250 feet of any residential dwelling unit.
2. All drive-through areas, including, but not limited to, drive-through signs, waiting lanes, trash receptacles, audio equipment, drive-up windows, and other objects associated with the drive-through area shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.
3. If the drive-through window, drive-through signage or any audio equipment are located in the front yard, they shall be screened with an opaque, landscaped screen of with a height that will fully screen the window, signage or audio equipment. Such screening shall not be required for waiting spaces that are located in a front yard.
B. Waiting space and lane requirements. Drive-through facilities shall be required to include vehicle waiting spaces as established in § 1234.18.
(9) Generators and HVAC equipment.
A. All generators must be located on a paved surface and shall be set back a minimum of three feet from all lot lines. HVAC equipment may be located on a paved surface or attached to the principal building.
B. Generators and HVAC equipment shall be located in the rear yard, to the maximum extent feasible and shall be set back a minimum of three feet from all lot lines.
C. If generators or HVAC equipment are located in the side yard, such equipment shall be screened from view of adjacent properties along the side lot line at a minimum distance of three feet.
D. Generators or HVAC equipment may be permitted in the front yard if approved as a conditional use with the following considerations.
1. The generators or HVAC equipment must be screened by a solid wall that is architecturally compatible with the principal building in color and materials, that is connect to the principal building, and that does not exceed four feet in height.
2. The generators or HVAC equipment shall not extend more than six feet from the front facade of the principal building and the screening wall shall not be located more than seven feet from the front facade.
3. The wall shall not be wider than six feet and shall screen the entirety of the equipment.
E. Such screening requirements shall not apply when the HVAC system is to be located in a side yard adjacent to a lot in a nonresidential zoning district.
(10) Home occupations. The following standards for home occupations are intended to provide reasonable opportunities for employment on residential property, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by this section.
A. Secondary. The home occupation shall be clearly secondary to the full-time use of the property as a residence.
B. One customer at a time. Any home occupation that provides services where members of the public visit or enter the premises may be permitted if designed to accommodate one customer at a time and which meets all other applicable requirements for home occupations.
C. Permitted home occupations. The following uses, and other uses determined by the Code Administrator to be similar in nature and impact, may be approved as a home occupation when in compliance with this section:
1. Art and craft work including, but not limited to ceramics, painting, photography, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing and sculpting;
2. Office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, consultant, counselor, insurance agent, planner, tutor or writer;
3. Personal service establishments including, but not limited to, fitness/health facilities, beauty parlors, barber shops, animal grooming (no overnight boarding) or licensed massage or physical therapy;
4. Mail order, online businesses or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef and the like); and
5. Other similar uses as determined by the Code Administrator.
D. Prohibited home occupations. The following are business activities that are prohibited as home occupations:
1. Animal hospitals and boarding facilities;
2. Automotive and other vehicle repair and service, except when such repair or service is within an attached garage and the vehicle is owned or leased by the occupant of the dwelling units.
3. Construction, landscaping or similar contractor facilities and storage (an office-only use is allowed in compliance with the above section) and other outdoor storage;
4. Fitness/health facilities that provide group activities or services;
5. Medical clinics, laboratories or doctor’s offices;
6. Parking on, or dispatching from the site, any vehicle used in conjunction with the home occupation (e.g., landscaping services, taxi services, construction and the like) with the exception of a vehicle owned and operated by the home owner or tenant;
7. Uses that require explosives or highly combustible or toxic materials;
8. Welding and machine shop operations;
9. Retail uses where there is stock-in-trade on site;
10. Wood cutting businesses; or
11. Other similar uses as determined by the Code Administrator.
E. Operating standards.
1. Permitted home occupations shall not create an adverse effect on the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties.
2. All home occupation activities shall take place in the dwelling and there shall be no use of an outdoor area or accessory structures for the home occupation.
3. The sale of goods or services shall be limited to:
a. Products that are produced or processed on the premises; or
b. The sale of goods as part of a mail order, online business or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef and the like) where there is no stock-in-trade on the site.
4. No equipment shall be used which will create any dust, noise, odors, glare, vibrations or electrical disturbances beyond the lot.
5. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
6. All storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside the dwelling.
7. The residential building shall not be altered in any manner that is intended to change the residential appearance of the dwelling to a building with a commercial appearance. There shall be no separate entrance created solely for the home occupation.
8. At least one resident of the dwelling shall operate the home occupation and there may be up to one employee on-site who does not reside at the dwelling.
9. The operator of a home occupation in a rental unit shall be able to demonstrate that the property owner has authorized the use of the unit for a home occupation.
10. No more than 20% of the floor area of any one story of the dwelling unit shall be devoted to such home occupations. Such space for a home occupation shall only be located in the principal dwelling and is prohibited from being located in any accessory building or structure.
11. No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses. No additional driveways shall be established for the use of the home occupation.
12. There shall be no signs other than the wall signs allowed on a dwelling in accordance with this code.
13. Traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood.
14. There shall be no window display or outdoor storage or display of equipment, materials or supplies associated with the home occupation.
15. When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Code Administrator.
(11) Nursery schools or day care centers (children or adults). Nursery schools or day care centers may only be permitted as accessory uses to permitted and conforming nonresidential uses. Such use shall be located within the principal building.
(12) Outdoor dining.
A. Outdoor dining areas shall be located along a sidewalk adjacent to the principal building the dining is connected with or between the principal building the dining is connected with and an adjacent parking area. Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the cafe/food service area and the principal building.
B. Outdoor dining areas shall not be located within ten feet of a fire hydrant, Fire Department standpipe connection, fire escape, bus stop, loading zone, mail boxes, or traffic signal stanchions.
C. If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.
D. Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device shall not be permitted in any outside dining area if the noise from such entertainment is of such a volume so as to cause a disturbance to abutting property owners. The addition of this activity to an existing use shall require approval through site plan review.
E. If the outdoor dining area is located on a sidewalk, the area shall be designed so there is a minimum of five feet of clearance adjacent to the dining area to allow for safe pedestrian circulation. Furniture or elements of the outdoor dining shall also not block any areas of ingress or egress from the principal building.
F. Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions. Such umbrellas shall not contain signage but awnings may include signage in compliance with Chapter 1236: Sign Standards.
G. Enclosing outdoor dining areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require the issuance of a new zoning permit.
H. Where an outdoor dining area is located in a right-of-way, the permittee shall hold harmless, indemnify and defend the city from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorney fees, which may in any way arise out of or be connected with the granting of a zoning permit which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees.
I. The city shall have the right and power, acting through the Code Administrator to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
(13) Outdoor displays and sales. Seasonal and permanent facilities for outdoor display and sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to another principal use may be permitted upon compliance with the following.
A. Such uses shall not be placed within the street right-of-way, within an interior drive, or in a location which will interfere with the vision clearance requirements.
B. Outdoor displays and sales shall be related to the principal use of the site and shall clearly be accessory and incidental to the principal use. Outdoor displays and sales shall be prohibited when the principal building is vacant.
C. Outdoor displays and sales areas shall not cover an area more than 25% of the ground floor area of the principal building.
D. Outdoor displays and sales areas shall be shown on the plan approved as part of the applicable zoning permit application.
E. Outdoor display and sales areas may be permitted in the front yard provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building. Outdoor display and sales areas may also be permitted in the side or rear yard without being located adjacent to the building. In all cases, the displays and sales areas shall be spaced a sufficient distance from the building, as dictated by the Fire Department, to satisfy all fire safety requirements.
F. In all cases, any areas designated for outdoor display or sales shall be set back a minimum of 25 feet from any adjacent lot lines of lots in residential zoning districts.
G. The placement of the merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.
H. The outdoor display and sales areas shall be maintained in good order and appearance.
I. The outdoor display and sale of goods and products shall be limited to those goods and products that a customer can pick up and carry into the building for purchase. Larger items may be displayed for sale if in compliance with the outdoor storage requirements of division (f)(13) of this section.
(14) Outdoor storage and bulk sales.
A. Outdoor storage and bulk sales shall comply with the standards of outdoor displays and sales unless otherwise modified by this section.
B. Outdoor storage and bulk sales in a parking lot shall be prohibited unless allowed as a temporary use pursuant to § 1224.02: Temporary Uses and Structures.
C. The area of the lot devoted to outdoor storage of goods and merchandise shall not exceed 15% of the ground floor area of the principal building.
D. Outdoor storage and bulk sales areas shall be shown on the plan approved as part of the applicable zoning permit application.
E. Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust. Outdoor storage may be located on areas paved with gravel in the industrial districts if the storage is set back a minimum of 200 feet from any adjacent lot lines of lots in residential zoning districts.
F. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.
G. Areas devoted to outdoor storage or bulk sales shall be located in a rear yard so that it is behind the principal building and not visible from any public street, unless the storage is located on a corner lot. The enclosed area shall be setback 25 feet from any property boundary that abuts a single-family residential district and in no case shall the side and rear setback of the enclosed area be less than ten feet. On corner and through lots, the enclosed area shall be setback 20 feet from any street right-of-way.
H. Screening.
1. All aspects of outdoor storage and bulks sales of goods and materials shall be screened in accordance with § 1232.05: Screening Requirements.
2. If the wall or fence needs to exceed eight feet in height to conceal the storage of materials, such wall or fence shall be constructed of materials similar to the principal building so that it appears to be an extension of the principal structure.
3. All materials shall be stored in such a fashion as to be accessible to firefighting equipment at all times.
(15) Outdoor vending machines and drop-off-boxes. Outdoor vending machines and drop-off boxes for recycled goods, books, donations and the like, may be permitted when they comply with the following regulations.
A. No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location which will interfere with required site vision clearance requirements in § 1226.05: Intersection Visibility.
B. The facility or equipment shall be maintained in good operating order and appearance.
C. Vending machines and drop-off boxes shall only be permitted in the MUO, B-1, B-2, I-1, and I-2 Zoning Districts. They may be permitted in residential districts only when accessory to a permitted nonresidential use.
D. Vending machines shall only be placed along the facade of the principal building with a maximum of one machine for every 50 feet of building frontage, with any machine separated from another vending machine by 50 feet. See Figure 1224-A.
Figure 1224-A: The above is an image of a single vending machine that is appropriately located along the facade of the building.
E. Drop-off boxes shall only be permitted in the side or rear yard.
F. The container shall be emptied at least once every week. Containers that result in the overflow of donated goods shall be declared a nuisance and shall be removed immediately upon notification by the Code Administrator at the expense of the property owner or business owner.
G. The city shall have the authority to place more than one drop-off box on a single lot when providing recycling services to the general public.
(16) Patios, porches and decks.
A. Patios without a roof, building or structure are permitted in any yard. Where a building or structure is placed on a patio, such building or structure may only be located in the yards where those buildings or structures are permitted.
B. Patios, decks, and porches may have built-in grills, kitchen areas, living areas or dining areas (e.g., table, chairs, umbrellas and the like) but such activities shall only be permitted in the rear yard only and provided such use complies with any applicable Building Code requirements.
C. Patios, decks and porches may have seating areas in any yard the patio, deck or porch is permitted and located.
D. Porches may be located in any yard.
E. An unenclosed porch or deck attached to a single-family dwelling may be erected within the required front yard or required rear yard, but shall not exceed 35% of the required rear yard area (regardless of the yard it is located within) and shall be subject to the encroachment limitations of § 1226.01(e)(4).
F. An unenclosed porch or deck attached to a multi-family dwelling may be erected within the required front yard or required rear yard and shall be subject to the encroachment limitations of § 1226.01(e)(4).
G. An unenclosed porch or deck shall be defined as a porch or deck that is not enclosed by four permanent walls and could include a roof structure overhanging the front entry that is open on three sides or a screened-porch or similar, non-weatherproofed or non-conditioned space (e.g., no heat or air-conditioning), where the screening covers more than 75% of the wall surface.
H. Rooftop decks in nonresidential districts shall be regulated as part of the principal building.
(17) Playsets, treehouses, and trampolines.
A. If a playset or treehouse has more than 100 square feet of enclosed play area, the use shall be reviewed in the same manner as a “detached storage/utility sheds, gazebos, pool houses, and other similar building.” As such, any playset or treehouse that has more than 100 square feet of enclosed play area shall also count toward the maximum floor area and lot coverage standards of Table 1222-1 and Table 1224-1. Such area shall be measured by the smallest square or rectangle around the bottom of the playset or treehouse.
B. Treehouses, trampolines, enclosed play areas, and playsets that are anchored into the ground (i.e., not portable) shall be located in the rear yard only. Portable playsets may be located in any yard but are encouraged to be located in the side or rear yard.
(18) Retail commercial uses. Retail commercial uses are permitted in the I-1 and I-2 Districts provided:
A. Such uses are an accessory use;
B. The uses are located completely within a principal building of a nonresidential use;
C. The retail use is for the sale of goods and products manufactured on site; and
D. The total floor area of accessory uses shall not exceed 15% of the total gross floor area of the footprint of the principal building.
(19) Satellite dishes.
A. Satellite dishes of one meter in diameter or less shall be exempt from the provisions of this section and shall not require a zoning permit.
B. To the maximum extent feasible, the dish should be located in the side or rear yard.
C. Satellite dishes larger than one meter in diameter may be permitted if approved by the Planning Commission as a conditional use.
(20) Swimming pools.
A. Any constructed or manufactured pool, both permanent and temporary, not located within an enclosed building and which is used or intended to be used as a swimming pool in connection with residential dwellings and is available only to the residents and their private guests shall be classified as a private swimming pool and shall be regulated by this division (f)(19). This includes community pools that are restricted to use by residents of a subdivision or residential development and their guests as well as outdoor pools that serve guests of a hotel or similar nonresidential use.
B. For the purposes of this division (f)(19), swimming pool shall include pools, spas and hot tubs and shall be defined as any in-ground, on-ground or above-ground pool intended for swimming, wading or recreational bathing capable of containing in excess of two feet of water at its deepest point as determined by manufacturer’s specifications.
C. A swimming pool shall not exceed 54 inches in height, above ground, and shall comply with the setback requirements set forth in Table 1224-2. Slides associated with pools shall be exempt from this height requirement.
D. Usual and customary pool equipment and accessories (such as a pool deck, a diving board or a filtration house), not exceeding five feet in height, shall only be located in the rear yard and shall be set back a minimum of three feet from all lot lines.
E. All swimming pool construction and operation shall be in accordance with standards and regulations established by the Board of Health having jurisdiction within the city, the Building Code and any other governmental regulations governing the construction and operation of such facilities.
F. Any outdoor swimming pool, as defined in this division (f)(19), shall be surrounded by a barrier which shall comply with the following.
1. Every swimming pool shall be completely enclosed by a fence and/or structure of sturdy construction at least 48 inches in height, measured from the ground level at each point along the boundary of such enclosure. The enclosure may surround the pool area or the entire yard. The enclosure shall be of such design as to prevent young children from crawling or otherwise passing through, under or over such enclosure without the use of a ladder or other implement. Openings in the barrier shall not allow passage of a four-inch diameter sphere.
2. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3. Access gates into such enclosure shall be self-closing and have a self-latching device. The fence/barrier shall be equipped with at least one such access gate.
4. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked or removed to prevent access.
5. The required barrier must be installed prior to filling the pool with water.
6. Automatic pool covers are permitted but the barrier requirements of this section shall still apply.
7. A spa or hot tub with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
G. A zoning permit application for a pool shall contain either information that demonstrates a barrier is already in place or shall include the simultaneous application for fencing or barrier construction.
H. If the proposed barrier utilizes fencing on the property line that is owned by the neighboring property owner, the pool owner shall be required to build or replace that length of the barrier if it is ever remove by the neighboring property owner.
I. Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.
J. Lighting shall be shaded so as not to be a disturbance to adjacent properties.
K. Any sound of motor or pumps in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants shall be shielded to prevent such disturbances.
(21) Tennis and other recreational courts. Outdoor tennis courts and courts for other sports, including basketball and racquetball, that are accessory to a residential or nonresidential use shall comply with the following requirements.
A. Tennis courts or other full-size recreational courts shall only be permitted on lots with a minimum lot area of one acre.
B. The court shall be set back a minimum of ten feet from all lot lines.
C. All fencing shall be subject to the fence regulations in § 1226.03: Fences and Walls except that fencing that surrounds a tennis or recreational court may exceed the maximum fence height of this code provided that the fencing is located adjacent to the edge of the court.
D. Any lighting for the court shall not exceed 20 feet in height and shall be directed downward and only illuminate the court. All outdoor lighting shall comply with § 1226.04: Outdoor Lighting.
(22) Type B family day care home (one to six children). Type B family day care homes are permitted when accessory to any residential dwelling unit, regardless of the applicable residential zoning district.
(23) Type A family day care home. Type A family day care homes may only be considered for a conditional use on lots with a minimum lot size of 20,000 square feet.
(24) Utility structures.
A. Utility structures shall be located to the rear of the lot, to the maximum extent feasible, or otherwise located to create the least amount of visibility.
B. If the applicant demonstrates to the Code Administrator that the utility structure can only be located in a front yard, the structure shall be landscaped in a manner that will allow access to the unit but otherwise buffer the view of the structure. The applicant shall be required to provide a landscaping plan as part of the subject application.
C. Utility structures in the I-1 and I-2 Districts shall not be subject to this screening requirement.
(Ord. 21-161, passed 12-13-2021; Ord. 24-33, passed 3-25-2024; Ord. 24-148, passed 11-12-2024)
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