A. Purpose
Accessory buildings or structures including a private garage may be erected upon a lot where a principal building already exists. The use of the accessory building must be secondary and incidental to the principal structure and use. An accessory building that is attached to the main building shall comply with all the requirements of these regulations that are applicable to the principal building.
B. Permit Required
A permit is required to be issued before an accessory building may be constructed or an accessory use may occur on a parcel or in a building (See Article 5, Development Procedures). A major accessory building or use shall be approved by Planning Commission and a minor accessory building or use shall be approved by the City Planner.
C. General Provisions (Ord. 17-14, 17-16, 7-18; 16-20)
The following general provisions shall apply to all accessory buildings or structures:
1. No accessory building or structure having a permanent foundation shall be located in a recorded easement;
2. No accessory building shall be erected in any front yard or the required minimum side yard of a lot;
3. An accessory building or structure shall have a minimum rear yard setback of 5 feet from any lot line;
4. No accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building, except in conjunction with the same;
5. The maximum building height of an accessory building or structure for a single-family, two-family or three-family residential use shall be 12 feet. However, the Planning Commission may approve an increase of building height not to exceed 16 feet in height or the height of the principal building whichever is less as part of a Major Accessory Building in accordance with Article 5.09 B of this UDO;
6. The maximum building height of an accessory building or structure for a multi-family or non-residential use shall not exceed 18 feet in height or the height of the principal building whichever is less;
7. The gross floor area of all accessory buildings and structures on a lot shall be as follows:
a. A single-family or two-family residential premise within the R-la zoning district, and larger than 1.0 acre in lot size, shall be maximum of 1,250 sq. ft.
b. All other single-family or two-family residential premises shall be a maximum of 750 square feet or occupy no more than 20 percent of the rear yard, whichever is less;
8. Accessory buildings or structures located on all residential premises shall be consistent with the following:
a. For accessory buildings or structures of 200 square feet or less, the structure shall consist of a finished pitched roof surface of standing seam metal, seal-tab asphalt shingles, clay tile, slate or wood shingles and shall include other finish surfaces of wood, brick, stone, vinyl, or any combination thereof.
b. For accessory buildings or structures greater than 200 square feet, the structure shall be architecturally consistent with the character of the house on the premises including roof material, roof pitch, and façade material and color.
9. There shall be no more than 1 detached private garage per single-family, two-family or three-family dwelling unit;
10. Single-Family Residences: There shall be no more than 1 accessory building used for incidental storage by the property owner or occupant;
11. Two or Three-Family Residential Uses: there shall be no more than 1 accessory building used for incidental storage by the property owner or occupant per dwelling unit;
12. Multi-Family Residential Uses: See Article 5.09.
13. Non-Residential Uses: See Article 5.09.
14. An Accessory Building shall provide a minimum separation to any other building in accordance with applicable Building Code Regulations.
15. A driveway, in accordance with Section 9.29 of the UDO shall be required for any private garage;
16. An Open-Sided Structure including a Gazebo or a Trellis shall meet the minimum standards stated in Section 9.39 C. above and are subject to the following size restrictions:
a. The gross floor area of an open sided structure shall not exceed four percent (4%) of the rear yard, or 200 square feet, whichever is less.
b. The gross floor area of a Gazebo or a Trellis, which shall not exceed four percent (4%) of the rear yard, or 400 square feet, whichever is less.
(Ord. 20-22)
17. Portable Storage Units: A portable storage unit may be permitted on a premises subject to the following:
a. A maximum of 1 portable storage unit per dwelling unit.
b. A portable storage unit is intended to be used only for temporary storage. It is not intended to be used for long-term on-site storage and any such use in any zoning district is expressly prohibited.
c. The outside dimensions shall not exceed 16 feet in length, 8 feet in width, and 9 feet in height.
d. The unit must be placed on a paved surface in accordance with the Section 9.29 of the UDO.
e. A portable storage unit may be placed in conjunction with a residential dwelling unit for a period of time not to exceed 14 consecutive days in duration from the time of delivery to the time of removal, up to a maximum of 2 times per calendar year.
f. A portable storage unit may be placed on a non-residential zoned premises provided:
1) It is located for a period of time not to exceed 30 consecutive days in duration from the time of delivery to the time of removal, up to a maximum of 2 times per calendar year; and
2) The unit is located in a manner which does not hinder pedestrian or vehicular access to the premises and does not obstruct intersection sight distance.
g. In emergency situations, the City Planner may extend the length of time a portable storage unit can be located on a site.
18. The City Planner is authorized to grant temporary exceptions to or modifications of this Section in special circumstances where a necessity exists for the use of a temporary building, structure or vehicle. Such special circumstances may include, but are not limited to, the location of a field office required for a construction project. Such permission shall be limited to the time during which the use of such temporary building, structure or vehicle is reasonably necessary for the project for which such exception was granted.
D. Private Swimming Pools and Hot Tubs
1. Location, Area and Height:
a. A swimming pool or a hot tub shall be located within a rear or side yard and completely covered when not in use. In the event a proposed hot tub has more than 150 square feet of area on the water surface when filled to capacity, all regulations for swimming pools shall apply; (Ord. 17-16)
b. The following are the setback requirements for a pool.
i. The pool structure shall be located a minimum of 10' from any side or rear property line and outside of any easement.
ii. The pool deck or concrete pad connected to the pool shall be a minimum of 5' from any side or rear property line and outside of any easement. (Ord. 16-20)
c. A swimming pool shall not be located underneath or in close proximity to an overhanging electric power line.
d. Swimming pool accessories are limited to diving boards, slides and lights designed to illuminate the pool and the immediate surrounding area. None of these accessories may exceed 10 feet in height, such height to include handrails, supports and other safety devices.
2. Fencing of Swimming Pools:
a. A swimming pool having a depth that exceeds 24 inches shall be completely enclosed by a fence of sturdy construction not less than 60 inches in height, measured from the level of the ground where located and be of such design and construction as to effectually prevent a child from crawling or otherwise passing though or under such fence.
b. Any gate shall be self locking and secured when not in use.
c. Any fence shall comply with all other provisions of this UDO.
3. Lights: All lights used for illuminating a swimming pool, hot tub or surrounding area shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located.
4. Application of Requirements: All provisions of this UDO shall apply to private or non-commercial swimming pools and hot tubs.
5. Permits: All permits shall be obtained for the construction or installation of any swimming pool in accordance with the provisions of this UDO.
E. Fences, Walls, and Ornamental Features (Ord. 17-13)
1. General Requirements
a. The height of a fence or wall shall be measured from the ground level of the outward face to the highest part of the fence or wall.
b. A fence or wall that is supported by posts on the side of the fence shall be erected so that exposed posts and supporting cross-elements face into the property where the fence or wall is constructed and the finished surface outward to adjoining parcels, lots or public right-of-way. This Section shall not apply if the fence is the same on both sides such as split rail fences or ornamental iron fences.
c. Intersection Clearance: On a corner lot the intersection clearance zone is an area between the curb line or edge of pavement of the 2 intersecting streets and a diagonal line connecting the curb or edge of pavement of intersecting streets at a point 30 feet from their point of intersection. In this intersection clearance zone, no fence/wall, ornamental feature, snow fence, mound or hedge shall exceed 32 inches in height above the grade of the edges of the pavement or street gutter except as permitted below.
d. In an intersection clearance zone a plant or tree not exceeding two feet in diameter at a point 32 inches above the grade of the edges of the pavement or street gutter and whose foliage is kept trimmed to such diameter up to at least 7 feet above the grade, shall be permitted.
e. Construction on Mound: Where a fence, wall, or ornamental feature is constructed on a mound, the permissible height of the fence, wall, or ornamental feature shall be reduced by the height of such mound or raised surface.
f. Safety:
i. A fence or wall having wire or metal barbs, prongs, spikes, cutting points or edges of any kind or any fence that is charged with electric current, shall be prohibited. Picket fences shall have points blunted. Agricultural Uses shall be exempt from this provision.
ii. No person shall install or cause to be installed along or adjacent to the boundary line of the front yard of any lot or parcel of ground in this City, any barrier composed of one or more strands of wire, rope, cord, plastic or other type of line, stretched between stakes, poles, trees or other supports, located as above described. However, a temporary barrier of such type, so constructed or marked as to be readily visible, may be installed to prevent damage to a newly planted lawn, or other new planting or new driveway/sidewalk. The temporary barrier is to be maintained only for such length of time as is reasonable necessary.
2. Types of Fences or Walls
a. A fence or wall shall be constructed using traditional or natural materials such as wood, brick, stone, wrought iron, chain link or other similar material unless specifically prohibited elsewhere in this Ordinance. Additionally, vinyl, PVC or other similar plastic may be used for any privacy, picket or post and rail fence and poured concrete may be used for any post and rail fence.
b. The use of poured concrete, concrete masonry unit, metal panel, corrugated metal, rebar, or other similar product where the surface of such material is exposed and visible from any direction, shall be prohibited unless specifically permitted elsewhere in this Ordinance.
3. Location of Fences or Walls
a. A fence having a height of 42 inches or less may be located in any yard. Fence posts may exceed this height of the fence by 6 inches.
b. Chain link, open wire mesh, solid board privacy fence or any wall shall be prohibited in a front yard.
c. A fence or wall having a maximum height of 7 feet may be located in any rear or side yard.
d. A fence enclosing a tennis court may have a maximum height of 12 feet provided any part of a tennis court fence above 7 feet high must be constructed of an open material that minimally obstructs vision.
e. A fence or wall shall not project into a public right-of-way.
4. Ornamental Features:
a. Ornamental features including retaining walls or short sections of walls or fences that are primarily of a decorative rather than an enclosing nature may be located in any yard.
b. Ornamental features placed in the front yard shall not exceed 42 inches or less in height and 20 feet in length and are subject to the intersection clearance requirements.
5. Mounds
a. Mound: The grading and drainage of mounds shall follow the requirements of Section 9.35, Stormwater Drainage Standards.
b. No mound exceeding 32 inches in height shall be erected in the intersection clearance zone on corner lots as defined in 9.31, C, 9.
6. Decks (Ord. 7-18)
a. A deck is permitted in the side or rear yard of a premises.
b. A deck shall be setback a minimum of 5 feet from the side and rear property lines and not occupy any part of a recorded easement.
F. Home Sales
1. Home Sale: Means a sale of personal property to the general public conducted in or on any property within a residential zoning district, to include, without limitation, garage sales, patio sales, yard sales, porch sales, driveway sales, motor vehicle sales, and the sale of boats, trailers, motorcycles, motor homes and the like.
2. Prohibitions: No person shall sell or offer for sale at such home sale any merchandise that has been purchased, consigned or otherwise acquired for purposes of resale. The offering of new merchandise for sale shall be evidence that such merchandise was acquired by the resident for purpose of resale. No person shall sell or offer at such sale any personal property except such as has been owned and maintained by such person or members of his family on or in connection with the premises on which such sale is held.
3. Frequency and Duration of Garage/Yard Sales: Only one such sale may be conducted on any parcel of once per quarter of a calendar year for a maximum of three consecutive days. No sale may commence before the hour of 8:00 a.m. or extend later than 8:00 p.m. This subsection shall not apply to the sale of motor vehicles, boats, trailers, motorcycles or motor homes.
G. Sale of Motor Vehicles, Boats, Trailers, Motorcycles and Motor Homes
The following provisions shall apply in the case of any motor vehicle, boat, trailer, motorcycle or motor home offered for sale:
1. Such vehicles may be displayed for sale only upon a private driveway provided that the vehicle is not parked in the City's right-of-way. Only one such item may be displayed at any time;
2. No person shall park or leave standing the above named vehicles upon any property not owned or controlled by such person for the principal purpose of advertising or displaying it for sale;
H. Parking of Motor Vehicles
Refer to Section 9.29, B, Off-Street Parking Standards of the UDO.
I. Beekeeping
The following provisions shall apply to the keeping of bees in the City:
1. Beekeeping is considered to be an Agricultural Use by this Ordinance.
2. All beekeepers shall register and maintain their hives as set forth in Chapter 909 "Apiaries" of the Ohio Revised Code.
3. A minimum lot size of 5 acres is required.
4. There shall be no more than 4 hives established on any lot used for beekeeping. A maximum of 2 additional temporary hives are permitted for the purpose of hive separation or new swarm establishment. Such temporary hives shall be removed from the property within 2 weeks.
5. Hives shall be located in the rear yard of a property, no closer than 30 feet from any abutting property line.
6. A fresh water source shall be maintained within 15 feet of the hive(s).
7. A flyway barrier 6 feet in height shall be established and maintained adjacent to the hives. The barrier shall consist of fencing, dense vegetation or combination thereof. Colonies situated 10 or more feet above the grade of the nearest property line would be exempt from this provision.
8. The owner of the hive(s) must be a resident in a dwelling located on the same lot on which the hive(s) are registered. Hives are only permitted on lots occupied with a single-family residential use.
9. The maintenance of each colony shall meet the following conditions:
Colonies shall be maintained in readily moveable hive frames.
Each hive must conspicuously display the Apiary Identification Number assigned pursuant to Chapter 909 of the Ohio Revised Code on no less than the base and the box. The identification number shall be on the side that is visible without moving or lifting said hive.
Adequate space shall be maintained in the hive to prevent overcrowding and swarming.
Colonies shall be re-queened following any swarming or aggressive behavior or seized and destroyed without remuneration.
10. Beekeeping privileges may be revoked from any property by written notification to the property owner by the City of Centerville. Revocation must be done with cause, however, the cause needs not to be the fault of the beekeeper, nor be a factor that is under control of the beekeeper. The City may revoke approval of the Zoning Certificate for any condition or combination of circumstances that jeopardize, endanger, or otherwise constitutes harm to the public health and safety. Any permit approval may be revoked by the City due to a failure to satisfy any of the requirements of this ordinance. A harm to public health may include, but is not limited to:
a. Written documentation signed by a medical doctor certifying that a medical condition caused by beestings to a resident of an abutting property had occurred.
b. Abnormally aggressive behavior by bees defending their hive beyond the property lines.
11. Any applicant may appeal a revocation of approval in accordance with Section 5.19, Appeal Procedure of the UDO.
J. Flagpoles. (Ord. 17-16)
1. An Accessory Structure Permit from the Planning Department is required prior to construction. A flagpole may also be approved as part of a Major or Minor Site Plan review.
2. Maximum Height: 30 feet.
3. Permitted Materials: Steel, aluminum, or fiberglass.
4. May be located within any yard.
5. Shall be setback a distance equivalent to the height of the flagpole from all property lines.
6. There shall be no more than one (1) flagpole per single-family or duplex residential use, and no more than three (3) flagpoles for all other uses.
7. Refer to Article 9.51(D) for flag standards.
K. Playhouses. (Ord. 17-16)
1. A zoning permit is not required.
2. Shall be located within a side or rear yard.
3. Shall not exceed 100 square feet in floor area or 12 feet in height. If constructed within a tree, the height shall be measured from ground level at the base of the tree.
4. Shall be setback from all property lines a distance equivalent to the height of the playhouse.
5. Shall be constructed of durable materials and kept in good condition in accordance with the Centerville Property Maintenance Code.
L. Outdoor Display or Storage of Materials, Goods, Supplies, or Equipment. (Ord. 7-18)
1. Shall be limited to the following areas:
a. Immediately adjacent to the principal building if located in the front yard; or
b. No closer to the property line than the minimum required setback for parking or paving if located in the side or rear yard.
2. Shall not reduce the available parking to a quantity below the minimum parking requirement.
3. Shall consist of materials, goods, supplies, or equipment customarily associated with the principal use on the subject property.
4. Shall be kept in a neat and orderly manner so as not to create a nuisance or hazard.