(a) Number of principal buildings per lot.
(1) In the R-1A, R-1B, R-1C, and R-1D, only one dwelling shall be permitted on any single lot.
(2) There can be more than one principal building on an individual lot in the R-2 and R-3 Districts as well as on an individual lot in all nonresidential districts.
(b) Minimum lot area.
(1) Measurements.
A. The area of a lot includes the total horizontal surface area within the lot’s boundaries (lot lines) with the exception of the following.
1. If the lot is deeded into the right-of-way, the boundaries for calculating lot area shall be all area of the lot excluding any area within the right-of-way.
2. For the purposes of measurements, the lot line along Lake Erie shall be the point where the natural shoreline intersects the ordinary high-water elevation as determined by the Ohio Department of Natural Resources, Division of Geological Survey.
B. No lot shall be reduced in area or dimensions so as to make said area or dimensions less than the minimum required by this code; and, if already less than the minimum required by this code, said area or dimensions shall not be further reduced. Exceptions to this standard shall only be granted if a reduction is approved as part of a planned unit development or variance approval.
(2) Zoning lots.
A. Where a person proposes to combine two or more platted lots to meet the lot area requirements, such person shall be required to replat the combined lots as a single zoning lot.
B. A person may also split two lots to combine portions of an existing lot with adjacent lots.
C. Such lot splits and replats shall be recorded with Lorain County after approval by the city in accordance with the minor subdivision procedure. See § 1214.04: Minor Subdivisions.
D. A principal building may be located across two lots of record without creating a zoning lot.
(3) Lot area requirements.
A. Table 1226-1 and Table 1226-2 establish the minimum lot area requirements for residential districts.
B. There are no minimum lot area requirements for nonresidential districts, however, such lots shall be of a size large enough to allow for all proposed buildings and required setbacks, off-street parking, loading and waiting spaces, and all landscaping and screening requirements established in this code.
Table 1226-1: Lot Area Requirements for Residential Zoning Districts | |
Residential Zoning District | Minimum Lot Area Required |
R-1A | 15,000 square feet |
R-1B | 12,000 square feet [1] [2] |
R-1C | 6,500 square feet |
R-1D | 4,800 square feet [2] [3] |
R-2 | 30,000 square feet [4] |
R-3 | 30,000 square feet [4] |
NOTES: | |
[1] The minimum lot area shall be 12,000 square feet unless the lot is located within a subdivision identified in Table 1226-2, in which case, the minimum lot area established in Table 1226-2 shall apply. | |
[2] In areas where the prevailing lot areas are smaller than the minimum required according to this table, then the minimum lot area of a newly created lot shall not be less than the average of the four nearest lots on the same block face. See Figure 1226-A. | |
[3] The minimum lot sizes in the R-1D District are to be in accordance with subdivision plat for the original sublot. Parcel splits and combinations recorded on Lorain County tax maps subsequent to the original plat recording shall take precedence if the original parcels have been enlarged. Buildable lots shall not be smaller than original subdivision plat. | |
[4] Development in the R-2 and R-3 Districts may include fee simple lots and condominium lots that do not comply with the minimum lot area but there shall be a minimum project site of 30,000 square feet. | |
Table 1226-2: Minimum Lot Area for Established Subdivisions in the R-1B District | |
Subdivision | Minimum Lot Area (Square Feet) [1] |
Avon Center Estates Subdivision No. 1 | 9,000 |
Avon Center Estates Subdivision No. 2 | 10,000 |
Avon Center Estates Subdivision No. 3 | 11,000 |
Avon Lake Harbor Estates Subdivision | 8,000 |
Avon Point Allotment | 11,000 |
Avon Vineyard Subdivision | 11,500 |
Belden Park Subdivision | 10,500 |
Belmar Beach Subdivision | 8,500 |
Glen Arden Beach Subdivision No. 3 | 8,500 |
Lake Breeze Allotment | 8,000 |
Woodhaven Beach Subdivision No. 2 | 10,000 |
NOTE: | |
[1] The minimum lot area requirement shall only apply to lots in the applicable subdivision if zoned R-1B. | |
Figure 1226-A: The above are various applications of how lots, along the same block face, are considered when averaging the four nearest lots. The bottom image illustrates an example of a block face where the width of the lots impacts the proximity of the four lots used for averaging.
(c) Maximum density.
(1) Calculation.
A. The maximum net density of a development with residential uses shall be calculated as the total number of dwelling units located on any single acre.
B. The maximum gross density of a development with residential uses shall be calculated as the total number of dwelling units per acre, across the entire lot (i.e., total number of dwelling units on the lot divided by the total number of acres of the lot).
(2) Maximum density standards.
A. The maximum gross density of residential uses in the R-2 District shall be five units per any single acre when no open space is required.
B. The maximum gross density of residential uses in the R-3 District shall be 12 units per any single acre when no open space is required.
C. The Planning Commission shall have the authority to limit the concentration (net density) of dwelling units on portions of the site based on:
1. The density of adjacent residential dwelling units;
2. The provision of open space; and
3. The overall design of the project and compatibility with goals as established in the comprehensive plan.
(d) Minimum lot width.
(1) Measurements.
A. Unless otherwise stated, the lot width is the distance between the side lot lines measured along the minimum front yard setback line.
B. The lot width at the street shall be measured along the street frontage except for lots located on a curved street (e.g., curved or cul-de-sac lot). In such cases, the lot width at the street shall be measured along a line tangent to the curve that is at a 90-degree angle from the lot width.
(2) Lot width requirements.
A. Table 1226-3 and Table 1226-4 establish the minimum lot area requirements for all zoning districts.
Table 1226-3: Minimum Lot Width Requirements for All Districts | |||
Zoning District | Minimum Lot Width (Feet) | ||
At the Front Yard Setback Line | At the Street | On Corner Lots at the Street [1] | |
R-1A | 100 | 100 [2] | 120 |
R-1B [3] | 80 [4] | 50 | 100 |
R-1C | 50 [5] | 50 | 60 |
R-1D | 40 [5] | 40 | 60 |
R-2 and R-3 | 100 [6] | 100 [6] | 100 [6] |
B-1, B-2, B-3, and P-1 | None | ||
I-1 and I-2 | 200 on primary streets and 100 on all other streets [7] | ||
NOTES: | |||
[1] On corner lots, at least one street frontage shall have a lot width equal to the larger lot width requirement for corner lots and the second street frontage shall meet the minimum lot width requirement for all lots in the applicable district. | |||
[2] In the R-1A District, except in the case of a corner lot, the minimum lot frontage shall not be less than 100 feet, except on curvilinear streets and cul-de-sacs, which shall have a minimum lot frontage of 60 feet. This reduction shall not be permitted for corner lots. | |||
[3] The minimum lot width shall be as established in this table unless the lot is located within an established subdivision identified in Table 1226-4, in which case, the minimum lot width requirements of Table 1226-4 shall apply. | |||
[4] Where a person proposes to combine two or more platted lots to increase the lot width in the R-1B District, the combined lots may have a reduced lot width at the minimum front building setback line of 60 feet. Such combined lots shall be subject to the zoning lot replatting requirements of § 1226.01(b)(2). | |||
[5] In areas where the prevailing lot widths are larger or smaller than the minimum required according to this table, then the minimum lot width of a newly created lot shall not be less than the average of the four nearest lots on the same block face, adjacent to the subject lot. See Figure 1226-A. | |||
[6] Development in the R-2 and R-3 Districts may include fee simple lots and condominium lots that do not comply with the lot width requirements but the minimum lot width shall apply to the overall project site. | |||
[7] Primary streets are Lake, Walker, Electric, Miller, Moore, Avon-Belden, Jaycox and Lear. | |||
Table 1226-4: Minimum Lot Width for Established Subdivisions in the R-1B District | |
Subdivision | Minimum Lot Width at the Front Yard Setback Line (Feet) |
Avon Center Estates Subdivision No. 1 | 75 |
Avon Center Estates Subdivision No. 2 | 80 |
Avon Center Estates Subdivision No. 3 | 80 |
Avon Lake Harbor Estates Subdivision | 80 |
Avon Point Allotment | 80 |
Avon Vineyard Subdivision | 75 |
Belden Park Subdivision | 75 |
Belmar Beach Subdivision | 80 |
Glen Arden Beach Subdivision No. 3 | 80 |
Lake Breeze Allotment | 80 |
Woodhaven Beach Subdivision No. 2 | 80 |
NOTE: | |
[1] Where a person proposes to combine two or more platted lots to increase the lot width in the R-1 B District, the combined lot may have a reduced lot width at the front building setback line of 60 feet. Such combined lots shall be subject to the zoning lot replatting requirements of § 1226.01(b)(2). | |
(e) Minimum setbacks and yards.
(1) Measurements.
A. Setbacks refer to the unobstructed, unoccupied open area between the foundation or base of a structure and the property line (lot line) of the lot on which the structure is located. Setbacks shall not contain any structure except when in conformance with this code.
B. A setback shall not be reduced in any manner to less than the required dimensions for the district in which it is located, and a setback of less than the required dimensions shall not be further reduced in any manner unless otherwise noted in this code (e.g., nonconforming structures or by variances).
C. Setbacks are measured from the right-of-way line or lot line, as may be applicable. Where a right-of-way line does not exist (e.g., private streets), such setback shall be measured from the edge of the street pavement.
(2) Yards required for buildings.
A. A yard is the open area created by the required setbacks. Where required, a yard for any structure shall be located on the same lot as the structure and shall not include any yard or open space areas from an adjacent lot.
B. While a yard is defined as an open area, certain structures and uses may be permitted in required yards as specified in this code.
C. Where the term “required” is used before any yard type, that required yard shall be the area of the yard between the applicable lot line and the required yard setback distance from the applicable lot line, regardless of the presence of a building. See Figure 1226-B.
Figure 1226-B: The above image illustrates the use of the term “required yards” on a typical interior lot versus the location of the full front, side, and rear yards as defined in the next sections of this code.
(3) Setback exceptions.
A. In cases where the side lines of a lot are not perpendicular to the street line, the Code Administrator may average dimensions in measuring the width of side yards.
B. In cases where the rear line of a lot is not parallel with the street line, average dimensions may be used in determining the depths of rear yards.
(4) Projections into required yards. Every part of a required yard shall be open to the sky and unobstructed except:
A. As otherwise provided in this section;
B. For accessory and temporary uses as allowed in Chapter 1224: Accessory and Temporary Use Regulations;
C. For landscaping as allowed in Chapter 1232: Landscaping and Screening Standards;
D. For parking and circulation as allowed in Chapter 1234: Parking, Access, and Mobility Standards;
E. For signage as allowed in Chapter 1236: Sign Standards;
F. For the ordinary projections of architectural features including, but not limited to, eaves, gutters, downspouts, flues, skylights, sills, belt courses, cornices and ornamental features, not extending more than 16 inches into the required yard;
G. Chimneys, not extending more than 24 inches;
H. Window air conditioner units;
I. Walls and fences as permitted in accordance with § 1226.03: Fences and Walls;
J. Unenclosed steps, including fire escapes, may be allowed in the required front, rear, or side yard setbacks, provided, however that steps and/or fire escapes shall be no closer than two feet from the side lot line;
K. Unenclosed platforms, porches, landings, steps, terrace, decks, terraces or other similar features not extending above the first-floor level of a building, or any combination thereof, may extend six feet into the required front yard setback and three feet into the required side yard setback. Such encroachment shall not cover more than 50% of the applicable facade width; and
L. Fixed and retractable awnings and canopies, not extending more than two feet into a required setback.
(5) Interior lots.
A. Unless otherwise stated, the required minimum front yard setback shall be measured from the street right-of-way or, where a right-of-way is not identified, the front lot line. See Figure 1226-C.
B. The lot line located directly behind the rear of the structure, as determined by the Code Administrator, shall be the rear lot line and the rear yard setback shall be applied. See Figure 1226-C.
C. All other lot lines shall be considered the side lot line and the side yard setback shall be applied. See Figure 1226-C.
Figure 1226-C: Typical setback and yard locations for an interior lot.
(6) Corner lots. Lots that have street frontage on two intersecting streets shall be considered a corner lot, subject to the following.
A. For corner lots, there shall be one street frontage with a longer lot width, at the street, as required by Table 1226-3. The second street frontage shall have a lot width, at the street, equal to that of all other lots in the applicable zoning district as set forth in Table 1226-3.
B. The required minimum front yard setback shall be provided from each street right- of-way or, where a right-of-way is not identified, the lot line adjacent to the street. See Figure 1226-D. An alley shall not be considered a street for the purposes of determining a corner lot.
C. The lot line that runs parallel with the lot line along the narrowest street frontage shall be the rear lot line and the minimum rear yard setback shall be applied from such lot line. See Figure 1226-D.
D. All other lot lines shall be a side lot line and the minimum side yard setback shall be applied from such lot lines. See Figure 1226-D.
E. Such setbacks and yard locations shall apply, regardless of the orientation of the building.
F. Buildings on corner lots may also be oriented toward the corner of the lot, in which case, the setbacks and yard locations shall be as illustrated in Figure 1226-E.
Figure 1226-D: Typical setback and yard locations for a corner lot.
Figure 1226-E: Typical setback and yard locations for a corner lot where the building is oriented toward the corner of the lot.
(7) Double frontage (through) lots. Double frontage lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Double frontage lots shall be subject to the following regulations:
A. Where a lot is considered a double (through lot) lot, the required minimum front yard setback shall be provided on all lot lines that abut a street. See Figure 1226-F.
Figure 1226-F: Typical setback and yard locations for a double frontage (through) lot.
B. The remaining lot lines not abutting a public road right-of-way shall be considered as side yards and shall have the required minimum side yard setback provided for each side lot line. See Figure 1226-F.
C. For the purposes of allowing accessory uses, including fences, which are allowed in a rear yard, the yard that is located to the rear of the principal building shall be considered the rear yard and the setbacks of § 1224.01(b)(12), shall apply to all accessory uses or structures. Such accessory uses or structures shall not be permitted in the required front yard areas adjacent to each street.
D. Where alleys exist in the city, any lots that have frontage along the alley shall be not be considered a double frontage (through) lot and shall either be regulated as an interior lot or corner lot depending on the location of the subject lot within the block.
(8) Flag (panhandle) lots. Panhandle lots (flag) lots shall be discouraged and shall only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. Panhandle (flag) lots shall be subject to the following regulations.
A. Panhandle (flag) lots shall not be used to avoid the construction of a street.
B. The area of the “panhandle” portion of the lot connecting the lot to the public street shall not be included in the area of the lot for the purposes of determining compliance with the required minimum lot area for the district in which the lot is located.
C. The stacking of panhandle (flag) lots shall be prohibited. See Figure 1226-G.
Figure 1226-G: The above illustration shows the stacking of panhandle lots, which is prohibited.
D. The panhandle shall have a minimum width of 20 feet along the entire width of the panhandle. The maximum width shall be 40 feet and anything with a width of 40 feet or greater shall be consider an interior, corner, or double frontage lot as may be applicable.
E. No structures, except for fences and walls allowed by this code, shall be permitted in the panhandle portion of the lot.
F. The minimum front yard setback requirement shall be measured from the lot line that creates the rear lot line of the adjacent lot as illustrated in Figure 1226-H.
Figure 1226-H: Typical setback and yard locations for a panhandle lot.
(9) Cul-de-sac or curved-street lot. For a cul-de-sac lot or a lot abutting a curved street, the front-yard setback shall follow the curve of the front property line (lot line). See Figure 1226-I.
Figure 1226-I: Typical setback and yard locations for a curved street or cul-de-sac.
(10) Other lot configurations. Where there is an instance of a lot configuration not addressed in the previous sections (e.g., interior, corner, panhandle and the like), or where there is an atypical building orientation on any lot, the Code Administrator shall have the authority to make a determination regarding where front, rear and side yard setbacks are required.
(11) Minimum setback requirements.
A. Setbacks required for accessory uses are established in § 1224.01: Accessory Uses and Structures.
B. Tables Table 1226-5, Table 1226-6 and Table 1226-7 establish the minimum setback requirements for principal buildings in the residential zoning districts.
Table 1226-5: Minimum Setback Requirements for Residential Districts | |||||
Required Setback | Minimum Setback in Feet | ||||
R-1A | R-1B | R-1C | R-1D | R-2 and R-3 | |
Front yard setback | 50 | 50 [1] [2] | 20 [3] | 20[3] | 30 |
Side yard setback | 10 | 10 [4] | 4 | 4 | 35 [5] |
Rear yard setback | 35 | 35 | 20 | 20 | 35 [5] |
NOTES: | |||||
[1] For corner lots in the R-1B District, the minimum front yard setback from the street to the side of the principal structure may be reduced to 15 feet provided it does not reduce the buildable width of the lot to less than 25 feet. | |||||
[2] The minimum front yard setback shall be as established in this table unless the lot is located on designated streets within a subdivision identified in Table 1226-6, in which case, the minimum front yard setback established in Table 1226-6 shall apply unless the prevailing front yard setbacks are larger than the minimum required according to Table 1226-6, then the minimum front yard setback shall not be less than the average of the four nearest lots on the same block face. See Figure 1226-A. | |||||
[3] The front yard setback for lots fronting on Lake Road, Walker Road, Avon-Belden Road, Lear Road, Jaycox Road, Moor Road, Miller Road, and Electric Avenue shall be increased to 30 feet. | |||||
[4] In areas where the prevailing side yard setbacks are smaller than the minimum required according to this table, then the minimum side yard setback shall not be less than the average of the four nearest lots on the same block face. See Figure 1226-A. | |||||
[5] Where the R-2 or R-3 District is adjacent to any other R-2 or R-3 District, or any nonresidential zoning district, the side and rear yard setbacks may be reduced to 20 feet. | |||||
Table 1226-6: Minimum Front Yard Setbacks for Established Subdivisions in the R-1B District | |
Subdivision | Minimum Front Yard Setback as Measured from the Established Centerline of the Street |
Avon Center Estates Subdivision No. 1 | 70 |
Avon Center Estates Subdivision No. 2 | 70 |
Avon Center Estates Subdivision No. 3 | 80 |
Avon Lake Harbor Estates Subdivision | 55 |
Avon Point Allotment | 70 |
Avon Vineyard Subdivision | 80 |
Belden Park Subdivision | 70 |
Belmar Beach Subdivision | 60 |
Glen Arden Beach Subdivision No. 3 | 60 |
Lake Breeze Allotment | 70 |
Woodhaven Beach Subdivision No. 2 | 65 |
Table 1226-7: Minimum Setback Requirements for Nonresidential Districts | ||||||
Required Setback | Minimum Setback in Feet | |||||
B-1 | B-2 | B-3 | I-1 | I-2 | P-I | |
Front yard setback for lots with frontage on Lear road | 40 | 40 | 0 | 60 | 60 | 20 |
Front yard setback | 30 | 30 | 0 | 60 | 60 | 20 |
Side and rear yard setbacks adjacent to a residential zoning district | 35 | 35 | 20 | 75 | 75 | 10 Side 20 Rear |
Side and rear yard setbacks adjacent to a nonresidential zoning district | 10 | 10 | 5 | 25 | 25 | 10 Side 20 Rear |
(f) Minimum building separation in the R-2 and R-3 Districts. In order to ensure adequate privacy for each dwelling unit, the minimum spacing between buildings shall be determined by the types of walls facing each other and shall be the greater of the distances required below.
(1) When neither of the two walls facing each other contains windows, patios or decks, or the windows are in non-living areas, the two dwellings shall be separated by a minimum of 15 feet for single-family dwellings and a minimum of ten feet for multi-family dwellings.
(2) When one or both of the walls facing each other contain windows, other than primary windows of living areas, the two dwellings shall be separated by a minimum of 20 feet for single-family dwellings and a minimum of 15 feet for multi-family dwellings.
(3) When one or both of the walls facing each other contain primary windows of living areas or the rear yard area where patios or decks are or could be located, the two dwellings shall be separated by a minimum of 25 feet for single-family dwellings, a minimum of 20 feet for multi-family dwellings.
(4) For the purposes of this section, the following definitions shall apply: “living areas” shall include living rooms, family rooms, great rooms, bedrooms, dining rooms and kitchens; “primary window” means any window in a living space having a sill height of 60 inches or less above the floor.
(5) The Planning Commission, however, may consider the use of vision-obscuring landscaping or other site, building or design features between adjacent walls as providing adequate privacy for each dwelling unit and thus approve lesser spacing between walls than required above.
(g) Maximum height.
(1) Calculation.
A. Building height shall be measured as the vertical distance from average elevation of the finished grade to the mid-point between the eaves and the peak line of the highest roof for any sloped roof or to the highest point of a flat roof, excluding architectural features (e.g., vents, cupolas, weather vanes, chimneys and the like), roof embellishments, or chimney extensions.
Figure 1226-J: Measurement of building or structure height.
B. Where specified fencing and wall height shall be measured in accordance with § 1226.03: Fences and Walls.
C. The height of all other structures shall be measured from the lowest grade adjacent to the structure to the highest point of the structure.
(2) Exceptions to height limits. The maximum height limits established in this code shall not apply to:
A. Barns, silos or other agricultural buildings or structures on farms (not located in an improved platted subdivision) provided they are setback from all lot lines a distance equal to the structure’s height provided the Planning Commission approves such additional height as part of the conditional use approval;
B. Spires, belfries, cupolas and domes, monuments, chimneys, smokestacks, towers, water tanks, radio or television antennas, monuments and other permitted mechanical appurtenances located upon or constructed as an integral part of the principal building;
C. Governmentally-owned freestanding water tanks, towers, radio or television antennas and flag poles;
D. Special industrial or utility structures such as a cooling tower, grain elevator and other similar structure where the industrial process requires a greater height may be erected above the maximum height allowed in the applicable district, provided that:
1. Any such structure shall not occupy more than 15% of the lot area;
2. The structure shall be set back a distance equal to its height from any adjacent lot line; and
3. The Fire Department shall be required to approve the increased height based on firefighting capacity.
(3) Maximum height standards.
A. Table 1226-8 establishes the maximum building height for principal buildings.
B. The maximum height of accessory structures is established in § 1224.01(b)(10).
Table 1226-8: Maximum Height of Principal Buildings | |
Zoning District | Maximum Height in Feet |
R-1A, R-1B and R-1C | 35 |
R-1D | 26 |
R-2 and R-3 | 45 |
B-1 and B-2 | 45 |
B-3 | 35 |
I-1 and I-2 | 45 |
P-I | 45 |
(h) Minimum floor area for dwelling units.
(1) Calculation.
A. The minimum floor area of a dwelling unit shall include all finished and habitable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building.
B. Garages, outdoor patios, porches or decks, and accessory buildings shall not be included in the minimum floor area of a dwelling.
C. Such requirements shall only apply to single-family dwellings and multi-family dwellings, shall not apply to hospitals, nursing homes, or similar types of residential uses that are institutional in nature.
(2) Minimum floor area requirements.
A. In the R-1A, R-1B and R-1C Districts, the minimum floor area for dwellings shall be 1,000 square feet.
B. In the R-1D District, the minimum floor area for dwellings shall be 750 square feet.
C. For multi-family dwellings in the R-2 and R-3 District, there shall be a minimum floor area of 700 square feet for all units that have internal entries (e.g., apartment buildings) and a minimum of 1,000 square feet for all units that have exterior entries (e.g., townhomes or rowhouses).
(i) Maximum lot coverage.
(1) Calculation. Where used, lot coverage is that portion of a lot, or a specified yard, which when viewed directly above, which would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water. Such surfaces shall also include any material that provides a significant barrier to the absorption of stormwater into the ground located directly below the material such as, but not limited to: asphalt, concrete, roofed structures and the like. Decks, pervious paver blocks and other materials that are designed with adequate openings to allow stormwater to pass through the material into the ground shall not count as an impervious surface. The Code Administrator shall have the final determination of what structures and materials are considered impervious surfaces.
(2) Maximum lot coverage standards.
A. The maximum lot coverage in the R-1A District shall be 40% of the total lot.
B. The maximum lot coverage in the I-1 and I-2 Districts shall be 75%.
(j) Building orientation. The main entrance of any building shall be oriented toward a public street. For corner lots in residential zoning districts, a dwelling unit may be oriented toward the intersection of the two streets.
(Ord. 21-161, passed 12-13-2021; Ord. 23-46, passed 3-13-2023)
No land or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. If any existing use or building is extended, enlarged or reconstructed, the performance standards for the district involved shall apply to such extended, enlarged or reconstructed part or parts of such building or use as well.
(a) Compliance with state and federal regulations. All uses shall comply with all applicable state and federal Environmental Protection Agency, Occupational Safety and Health Administration (OSHA), Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., and all other state and federal regulations that pertain to the applicable use.
(b) Enclosures.
(1) The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or body parts in a right-of-way or an open yard is prohibited.
(2) All uses and operations, except off-street parking and loading facilities, shall be performed wholly within enclosed buildings in all districts except the I-1 or I-2 Districts, unless specifically permitted otherwise.
(c) Air pollution.
(1) The emission of smoke, soot, fly ash, fumes and dust shall be controlled by precipitation devices, height of stack, rate of emission or other manner so that the quantity deposited in any zoning district shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values. In addition, no use shall emit fly ash, dust, vapors or other substances that are harmful to health, animals, vegetation or other property or which can cause excessive soiling. Any such activities shall only be allowed as permitted and approved by the Ohio EPA Division of Air Pollution Control.
(2) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable treatment.
(d) Fire and explosive hazards.
(1) The storage, utilization and manufacture of materials, goods or products ranging from free to active burning is permitted, provided the materials or products shall be stored, utilized or produced within completely enclosed structures having incombustible exterior walls, and such structure shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association. Such activities shall be restricted to the I-1 and I-2 Districts only.
(2) Materials which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in any district except such materials as are used or required in emergency equipment or in secondary processes which are accessory to the main use.
(e) Heat.
(1) In all zoning districts except the I-2 District, no use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
(2) In the I-2 District, no use shall generate heat or glare that is perceptible without the aid of instruments at any point beyond the zoning district boundary.
(f) Odor.
(1) In all zoning districts except the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard outside the building is prohibited.
(2) In the I-2 District, the emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot occupied by the use generating the emission.
(g) Toxic or noxious matter. The discharge of toxic or noxious matter across the lot lines wherein such a use is located is prohibited for any period of time and in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property.
(h) Noise. The sound pressure level of any individual operation or operations on a lot in any industrial district, other than the operation of auto calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district or business district.
(i) Vibration. Operations creating intense earth-shaking vibrations in the shall be set back from and controlled in such a manner as to prevent transmission of vibrations which would be perceptible without the aid of instruments at the lot line of the applicable property.
(j) Industrial wastes. Pollution control standards as required by this section shall be those which are set forth in the rules and regulations of the Board of Municipal Utilities regarding discharge of waste waters.
(k) Solid and liquid waste.
(1) Solid waste, including empty packing crates and other excess materials, shall be regularly disposed of, stored in buildings, screened by solid walls or fences, or completely enclosed in containers or dumpsters, and shall not be permitted to accumulate on any lot.
(2) Containers and dumpsters shall be located in a side or rear yard on a paved surface in compliance with the minimum parking setbacks established in § 1234.06: Setback Requirements and the screening requirements set forth in Chapter 1232: Landscaping and Screening Standards.
(3) If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis.
(l) Radioactive or electrical disturbances.
(1) No activity shall emit dangerous radioactivity at any point or electrical discharges affecting the operation, at any point, of any equipment other than that of the creator of such disturbances.
(2) Such disturbances shall be confined to the use and lot from which they originate and shall not occur across any lot line.
(3) The handling of radioactive materials, the discharge of such materials into the air and water, and the disposal of radioactive wastes shall be in conformity with the applicable regulations of the Nuclear Regulatory Commission and the Ohio Environmental Protection Agency.
(m) Infectious and medical waste materials. The storage, incineration or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.
(n) Soil removal. No mining, extracting, filling or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks, or in such a manner as to increase erosion.
(o) Stormwater facilities. Detention/retention facilities that are visible from a public street shall landscaped and maintained as part of the site’s required landscaping areas. Such landscaped areas shall contain any combination of the following elements: shade and ornamental trees, evergreens, shrubbery, hedges, and/or other planting materials as well as ornamental fencing.
(p) Enforcement. Where determinations can be made by the Code Administrator or other authorized city employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Code Administrator may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty.
(Ord. 21-161, passed 12-13-2021)
(a) Zoning permit required.
(1) No person shall construct or erect a fence or wall without first obtaining an approved zoning permit.
(2) Zoning permits are not required for repairs of existing fences or walls, or for invisible fences. However, such work or structures are still subject to the applicable standards of this section. Zoning permits are also not required for the replacement of a previously permitted and conforming fence or wall. Replacement of nonconforming fences or walls shall be subject to division (b)(13) of this section.
(3) A zoning permit is not required for fence or wall structures that are less than two feet in height,
(4) A zoning permit shall not be required for short sections of fencing or walls that are designed as an architectural feature or utilized for decorative purposes and are not intended to enclose an area of land. Such sections shall not exceed 25 feet in length and shall comply with the vision clearance requirements of this code.
(5) Hedges, shrubbery, trees, bushes and plantings shall be excluded from classification as fences but shall be subject to the vision clearance requirements of this code.
(6) Retaining walls required and/or approved by the Public Works Department shall not be subject to the requirements of this section.
(b) General requirements.
(1) Unless a specific distinction is made in this section, any regulation that applies to fences shall apply to walls and vice versa.
(2) All fences and walls shall be subject to the vision clearance requirements of § 1226.05: Intersection Visibility.
(3) All fences and walls, including invisible fences, and any related supporting structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences or walls on adjoining properties.
(4) A zoning permit shall be required for each property on which a fence or wall is being placed, including connection of existing fences or walls. Such applications shall also include written documentation of agreement between property owners.
(5) The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has two similarly finished sides, either side may face the adjacent property.
(6) All diagonal or supporting members shall face the property on which the fence or wall is constructed.
(7) All sides of a decorative wall shall have an equal finish.
(8) All fences and walls shall be maintained in a neat and orderly manner.
(9) Walls shall be prohibited within all utility easements. Fences that are placed in utility easements shall require the written permission from the applicable utility and without such permission, are subject to removal without notice by utility companies or the city when work is being done in the utility easements. Fences shall not be placed in any city easement unless the plat specifically permits the placement of such fence. Replacement of fences removed by the city or utility company shall be at the property owner’s expense.
(10) Fences and walls shall not impede, inhibit or obstruct culverts, drains, natural watercourses or stormwater drainage in any zoning district. Fences or walls may be permitted to include outlets at the bottom of the fence or wall to eliminate the possibility of the accumulation of water and allow for natural drainage past the wall or fence.
(11) Fences and walls for conditional uses shall be comply with the standards of this section unless otherwise approved by the Planning Commission as part of the conditional use review procedure.
(12) It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the Code Administrator issuing the zoning permit, and that the fence does not encroach on another lot or existing easement. The issuance of the zoning permit and any inspection by the city shall not be construed to mean that the city has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(13) Nonconforming fences and walls.
A. Where a nonconforming fence or wall is to be maintained or repaired, such nonconforming fence or wall may continue to exist. Repair or maintenance shall include any general maintenance of a fence or wall while still in place or a portion of a fence or wall may be removed temporarily for repair or maintenance work provided the same fence or wall is replaced in the same position.
B. If 50% or more of the length of a nonconforming fence or wall is to be removed and replaced, even as part of maintenance, such replacement shall conform with the requirements of this code and shall require the issuance of a new zoning permit.
(c) Measurement.
(1) The maximum fence or wall height shall be measured from the lowest point within three feet on either side of the fence to the top most portion of the fence between posts. See Figure 1226-K. The structure posts or finials may exceed the maximum height allowed in this section by up to six inches.
Figure 1226-K: Illustration of the measurement of the height of a fence based on the grade.
(2) Fencing or walls should follow the natural contour of the land on which it is located. See Figure 1226-L.
Figure 1226-L: This illustrates how fencing is measured along a natural contour.
(3) A grading permit may be required in cases where the applicant proposes altering the natural contour.
(4) A fence may be erected on top of a wall but the combined height of the fence and wall shall not exceed the heights specified within this section for a fence or wall. Fences or walls located on top of a retaining wall shall be measured from the top of the finished grade at the top of the retaining wall.
(d) Fences and walls in residential districts. The following standards apply to fences and walls in residential districts.
(1) Only one single fence or wall shall be constructed, erected and/or maintained on any individual lot when located within ten feet of any of the lot lines.
(2) Table 1226-9 establishes the maximum height, location, and types of fences and walls permitted in residential districts.
(3) For the purpose of these regulations, an “open fence” shall be any fence intended for decorative purposes having at least 50% of its vertical surface area open as viewed at right angles and uniformly distributed.
(4) The requirements for swimming pool protective barriers shall take precedence where such requirements are in conflict with the regulations of this section.
(5) Where the side lot line of one residential property is also the rear lot line of another property, that portion of the fence along the side lot line that abuts the adjoining property’s rear lot line, and that is installed at such property line, shall be permitted rear yard regulations of this section.
Table 1226-9: Fences and Walls in Residential Districts | ||
Type of Fence or Wall | Yard in Which Permitted | Maximum Height Permitted |
Vinyl coated chain link fence | Side and rear | 4 feet |
Open fence | Front | 3 feet [1] |
Side | 4 feet | |
Rear | 6 feet [2] | |
Solid fence or wall | Side | 4 feet |
Rear | 6 feet | |
NOTES: | ||
[1] A 4-foot open fence may be constructed in front of a dwelling provided that the length of such fence does not extend past the side walls of the house or across a driveway and provided it is set back from the right-of-way line a minimum of 75% of the minimum front building setback for the district. | ||
[2] Trellises up to 16 feet in total length may exceed the maximum permitted height when located in the rear yard adjacent to, and between the side walls, of the dwelling. | ||
(e) Fences and walls in nonresidential districts. The following standards apply to fences and walls in nonresidential districts.
(1) No fence or wall shall be, in any way, electrified or topped with any sharp-edged materials with the exception of fences in the I-1 and I-2 Districts where fences may be topped with barbed wire. Such barbed-wire shall be placed on a 45-degree angle, arm away from the side of the fence that fronts a property or right-of-way line. Such barbed wire shall only be located along the top of a fence and shall not extend below the top of the fence more than 12-inches.
(2) No fence shall exceed eight feet in height in any rear or side yard, or exceed three feet in height in any front yard. In the I-1 and I-2 Districts, any fence in a front yard that is set back a minimum of 60 feet shall be permitted to have a maximum height of eight feet.
(3) Any proposed fence shall be approved as part of the site plan review in accordance with this code.
(f) Temporary fences. Fences erected for a specific function and limited time duration, including deer, snow or construction fencing, are permitted as follows and in compliance with the following requirements.
(1) Temporary fences shall be maintained in good condition and shall not require a zoning permit.
(2) No temporary fencing material shall be used for permanent fencing.
(3) Snow fencing.
A. Snow fencing shall be permitted between November 1 of any year and April 1 of the following year.
B. Snow fencing shall not exceed four feet in height.
C. Fencing materials shall be limited to burlap, plastic mesh fabric of a neutral or dark color, any clear plastic material or wood slat fencing (traditional snow fence) with wood or metal supports.
D. Snow fencing shall be erected on private property only and positioned on the site so as not to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety.
E. Snow fencing shall not cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another in excess of that which would otherwise accumulate in the absence of such fence.
(4) Construction fencing: construction fencing to enclose an active construction site for the duration of the construction period.
(Ord. 21-161, passed 12-13-2021)
(a) Purpose. The purpose of this section is to control the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the city and the lawful nighttime use and enjoyment of property located within the city. Appropriate site lighting, including lights for signs, buildings and streets, shall be arranged so as to provide safety, utility and security; control light trespass and glare on adjacent properties and public roadways.
(b) Applicability. The standards of this section shall apply to all development activities, subject to review under this code, with the following exceptions.
(1) Lighting related to single-family dwellings are exempt, however, all lighting for these uses, with the exception of low-voltage landscaping lighting, shall be completely shielded from adjacent properties.
(2) Decorative outdoor lighting fixtures with bulbs of less than 25 watts, installed seasonally, are exempt from the requirements of this section.
(3) Fully shielded decorative lighting attached to a building or placed in landscaping and directed onto a building shall be exempt from the requirements of this section, provided direct light emissions are not intended to be visible above the building’s roof line. This shall not include decorative lighting used to illuminate a sign, which is regulated by Chapter 1236: Sign Standards.
(4) Light fixtures used to illuminate flags, statues and any other objects mounted on a pole, pedestal, or platform shall be exempt from the requirements of this section, provided these objects are illuminated using a narrow cone beam or light fixtures designed to minimize light spillage beyond the illuminated object.
(5) Lighting for certain outdoor recreational uses because of their unique requirements for nighttime visibility and their limited hours of operation. However, such uses, which includes, but is not limited to, ball diamonds, playing fields, tennis courts and other similar outdoor recreational uses shall be required to meet the following standards.
A. Cutoff from a lighting source that illuminates an outdoor recreational use may exceed an angle of 90 degrees from the pole, provided that the luminaries are shielded to prevent light and glare to spill over to adjacent residential properties.
B. The maximum permitted illumination at the lot lines shall be two footcandles.
C. Exterior lighting for an outdoor recreational use shall be extinguished no later than 11:00 p.m.
(6) Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
(7) Nothing in this chapter shall apply to lighting required by the FAA or any other federal regulatory authority.
(8) Nothing in this chapter shall apply to street lighting installed in rights-of-way.
Figure 1226-M: Cutoff or shielded lighting fixtures (left) as compared to non-cutoff lighting fixtures (right).
(c) Exterior lighting plan.
(1) A lighting plan is required for all uses that are required to file for site plan review and shall be approved according to the procedures set forth in § 1214.06: Site Plans. The lighting plan shall demonstrate compliance with the requirements of this section. However, a photometric study of the illumination shall only be required when a multi-family dwelling with ten or more units or a nonresidential use is proposed to be located adjacent to a lot in a residential district or that is occupied by an existing residential use.
(2) All existing uses on which outdoor lighting is installed or changed shall conform to these standards.
(3) The lighting plan shall demonstrate compliance with the outdoor lighting standards of this section.
(d) General requirements.
(1) All outdoor lighting fixtures regulated according to this section, including but not limited to those used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full-cutoff type fixtures, unless exempted per division (b) of this section.
A. Any use that has a canopy with lighting fixtures attached to the bottom of the canopy shall utilize recessed ceiling fixtures.
B. Signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed incandescent lamp not exceeding 40 watts shall not require shielding.
(2) All on-site lighting of buildings, lawns, parking areas and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.
(3) Illumination is required consistently across the site shall be designed so as not to create dark spots that may create safety issues in such areas as vehicular use areas and connecting pedestrian paths.
(4) For all nonresidential uses in any residential district, all outdoor lighting fixtures, including parking, display and aesthetic lighting, shall be turned off after business hours. Only that lighting needed for safety or security may remain lit after close of business, in which case the lighting shall be reduced to the minimum level necessary.
(5) There shall be a maximum illumination of 0.5 footcandles at the lot line in all residential districts and for any nonresidential use that abuts a lot in a residential zoning district or lot occupied by an existing residential use.
(6) Measurement.
A. Light levels shall be measured in foot-candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.
B. Measurements shall be taken at the property line, along a horizontal plane at a height of three and one-half feet above the ground.
(7) Maximum height of light poles: the total height of exterior lighting poles shall not exceed the following height regulations. Height shall be measured from the average grade surrounding each light pole:
Table 1226-10: Maximum Height of Light Poles | |
Districts: | Maximum Height |
All residential districts | 20 feet |
B-1, B-2, B-3, and P-I Districts | 24 feet |
I-1 and I-2 Districts | 30 feet |
Planned unit developments | To be determined during plan review |
(Ord. 21-161, passed 12-13-2021)
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