Buildings, structures and uses accessory to dwelling units shall conform to the standards contained in this section.
(a) Maximum Area and Number of Accessory Buildings. The maximum area and number of accessory buildings and structures shall comply with the standards set forth in Schedule 1262.08(a). For the purposes of this section, “accessory building” means a building, other than a dwelling unit and an attached garage, which is in excess of 30 square feet. For the purposes of this section, all measurements shall be based on the foundation. Attachment to the dwelling unit does not exclude a storage structure from being classified as an accessory building.
Schedule 1262.08(a) MAXIMUM AREA AND NUMBER OF ACCESSORY BUILDINGS | |||
Lot Size | |||
Less than or Equal to 2 Acres | 2.01 Acres to 5 Acres | Greater than 5 Acres | |
(1) Maximum area of detached garage | 500 sq. ft. | (b) | (b) |
(2) Maximum area of all other | 2% of lot area(a) | 2% of lot area(c) | 2% of lot area(c) |
(3) Maximum number of detached accessory buildings (including detached garage) | 2 | 3 | 4 |
(a) The total square footage of all detached accessory buildings (excluding “(c)” detached garage) on a parcel shall not exceed the first floor area of the dwelling. (b) The square footage of the garage shall not exceed the square footage of the first floor area of the dwelling. (c) Two percent (2%) of the lot area minus the detached garage. | |||
(b) Minimum Setback Requirements for Detached Accessory Buildings. A detached accessory building shall be located as set forth in Schedule 1262.08(b). Any accessory building attached to the dwelling unit shall conform to the yard requirements of the lot.
Schedule 1262.08(b) ACCESSORY BUILDING SETBACK REQUIREMENTS | |||
Lot Size | |||
Less than or Equal to 2 Acres | 2.01 Acres to 5 Acres | Greater than 5 Acres | |
(1) Yard in which accessory building is permitted | Rear | Rear | Front, Side and Rear |
(2) Minimum setback from: | |||
A. Front lot line | NA | NA | 100 feet |
B. Side lot line | 5 feet | 12 feet(a) | 12 feet(a) |
C. Rear lot line | 5 feet | 5 feet(a) | 5 feet(a) |
(a) a) If building exceeds 500 square feet, setback shall be 12 feet or equal to the length of the wall adjacent to the property line, whichever is greater. NA = Not Applicable. | |||
(c) Minimum Yard Requirements for Accessory Structures. All accessory structures, other than accessory buildings regulated in division (a) and (b) of this section shall be located as set forth in Schedule 1262.08(c), provided that such accessory structure complies with all other accessory use regulations set forth in this section.
Schedule 1262.08(c) MINIMUM YARD REQUIREMENTS FOR ACCESSORY STRUCTURES | ||||
Use | Yard in Which Structure Is Permitted | Setback from Lot Line: | ||
Side | Rear | Front | ||
(1) Unenclosed entrance, deck or patio(a) | Front, Side, Rear | 5 feet | 5 feet | 50 feet |
(2) Supplemental paved area for parking or outdoor storage of vehicles (b) | Front, Side, Rear | 5 feet (d) | 5 feet | 20 feet (g) |
(3) Driveway (c), sidewalk | Front, Side, Rear | 5 feet | 5 feet | 0 feet |
(4) Swimming pools | Side, Rear | 10 feet | 10 feet | |
(5) Basketball hoops (poles/backboards) | Front, Side, Rear | 0 feet | 0 feet |
12
(f)
feet |
(6) Outdoor recreational equipment | Side, Rear | 10 feet | 10 feet | |
(7) Ice rinks | Side, Rear | 10 feet | 10 feet | |
(8) Fences, walls | Front, Side, Rear | 0 feet | 0 feet | 0 feet |
Notes to Schedule 1262.08(c). (a) Including but not limited to, stairs, ramps, platforms, landings, porches and patios, not extending above the first floor. Any entrance feature designed specifically to aid and assist the handicapped, as defined in Chapter 1222, shall be excluded from the requirements of this Section. (c) In cases of side-load garages, the setback from the adjoining property line facing the garage shall be two feet. (d) Setback from adjoining property line in the area between the front lot line and the building line shall be two feet. (e) Except for basketball hoops, poles and backboards as set forth in Subsection (5).
(f) Or half the distance between the legally established front yard building line and the right-of-way, whichever is greater. (g) Ten feet for houses set back less than 40 feet from right-of-way. | ||||
(d) Fences and Walls. Fences and walls shall be constructed according to the requirements set forth in Section 1294.08, except for fences erected as enclosures for swimming pools, which shall be comply with the regulations set forth in Chapter 1478 of the Building and Housing Code.
(e) Swimming Pools. Private swimming pools for the exclusive use of residents of the premise may be located in any residential district, provided they comply with the requirements of Schedule 1262.08(c) and are constructed and operated in accordance with the requirements in Chapter 1478 of the Building and Housing Code and all other applicable City regulations.
(f) Family Day Care, Type B.
(1) This Planning and Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to Ohio R.C. 5104.054, any Type B family day care home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of zoning, and shall be a permitted use in all zoning districts in which residential uses are permitted.
(2) A “Type B family day care home” is a permanent residence of the provider where child care is provided for one to six children, and where no more than three children are under two years of age. For the purpose of this definition, any children under six years of age who are related to the provider, and who are on the premises of the day care home shall be counted. Type B family day-care homes are a permitted accessory use in residential districts, and do not require a zoning permit.
(g) Home Occupations. The purpose of this division is to set forth regulations that control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations is expected to result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
(1) The home occupation shall be clearly incidental and subordinate to the residential use of the property.
(2) No sign or display, except for a nameplate sign, shall be permitted which indicates from the exterior that the building is being used for any purpose other than that of a dwelling.
(3) No person other than members of the immediate family residing on the premises shall be employed in the home occupation.
(4) A home occupation shall occupy no more than 25% of the total floor area of the dwelling, which for the purposes of this section, shall include the area of the garage.
(5) No commodity shall be sold on the premises, except that which is prepared on the premises.
(6) The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation, shall be conducted entirely within the dwelling unit and/or garage.
(7) No equipment or process shall be permitted or used in such home occupation that creates a nuisance by reason of generating any noise, vibration, glare, fumes, odors, or electrical interference, or which is determined unsafe.
(8) A home occupation permit shall be issued when an application for the proposed use complies with the requirements set forth herein and any other applicable provision of the Planning and Zoning Code.
(i) Parking and Storage of Vehicles. Parking and vehicle storage shall be provided according to Chapter 1292
.
(Ord. 58-01. Passed 5-29-01; Ord. 186-01. Passed 1-28-02; Ord. 69-02. Passed 5-13-02; Ord. 133-02. Passed 2-10-03; Ord. 19-05. Passed 3-28-05; Ord. 136-09. Passed 1-11-10; Ord. 26-11. Passed 4-25-11; Ord. 92-14. Passed 9-22-14; Ord. 72-15. Passed 7-13-15; Ord. 67-21. Passed 10-12-21.)