1133.13 ACCESSORY USES AND STRUCTURES.

   An Accessory use shall not be established nor an accessory building or structure constructed in the RC, R-1, R-2 and, R-3 district without an existing or proposed principal building, structure or use, and shall comply with the following requirements.

   (a)   Location Requirements for Accessory Uses. The location of a permitted accessory building, structure or use shall comply with Schedule 1133.13 (see "yard permitted").

   (b)   Minimum Setbacks for Accessory Buildings and Uses. An accessory building including garage, carport or recreation facility, and an active recreation area such as a swimming pool or tennis court shall comply with the minimum setback identified in Schedule 1133.13.

   (c)   Schedule 1133.13 Permitted Accessory Structures In Front, Side And Rear Yards:

Schedule 1133.13 Permitted Accessory Structures in Front, Side and Rear Yards
Use	Yard Permitted	Minimum Setback from Lot Line
		Front	Side	Rear
(1)    Attached accessory buildings and structures	None	(a)	(a)	(a)
(2)    Detached accessory buildings, such as garages and storage sheds.	Rear	NP	3 ft.	6 ft.
(3)    Driveways	Front, corner side, side, rear	NA	0 ft.	0 ft.
(4)    Decks, patios	Rear	See also Section 1133.15
(5)    Fences, walls (b)	Front, corner side, side, rear	0 ft.	0 ft.	0 ft.
(6)    Outdoor storage of licensed recreation vehicles/equipment	Rear	See also Section 1133.13(f)
(7)    Outdoor swimming pools	Rear	NP	10 ft. and requirements in Section 1133.13(d)
(8)    Off-street parking lot for more than 4 vehicles.	Side, rear	NP	10 ft.	10 ft.
Notes to Schedule 1133.13 (a)   Shall comply with the setback requirements for principal buildings set forth in Schedule 1133.05. (b)   As further regulated by Section 1133.13 (e) (Fences, Walls, and Planting Screens). (c)   In cluster developments (ie. Single family condominium) the Limited Common Area boundary shall be used in determining setback distances. NA   Not Applicable. NP Not Permitted

 

   (d)   Additional Regulations for Parking Areas. Accessory off-street parking spaces shall be located on the same lot as the dwelling served and comply with the requirements of Chapter 1155.

   (e)   Private Swimming Pools. An outdoor private swimming pool shall be allowed only as an accessory to a permitted use in an RC or R District and shall comply with the following requirements. A portable swimming pool and an indoor private swimming pool shall not be subject to the requirements of this section.

      (1)   The pool is intended and is to be used solely for the enjoyment of the owners, occupants, tenants and guests of the principal use of the property on which it is located.

      (2)   The pool and any appurtenant structures or equipment adjacent thereto or improvement intended to be used in connection therewith shall not be located closer than ten (10') feet to any property line of the lot on which it is located.
(Ord. 2635. Passed 1-13-11.)

      (3)   The swimming pool, or the property on which it is located, shall be enclosed with a wall or fence to prevent access from the street or adjacent lots. The fence or wall shall be at least four (4) feet high with a gate and lock and maintained in good condition.
(Ord. 2725. Passed 6-14-12.)

      (4)   The swimming pool shall comply with the requirements for accessory structures in Section 1133.13.

   (f)   Fences and Walls. Fences and walls may be erected as permitted accessory uses in the RC, R1, R2 and R3 Districts in compliance with the following requirements:

      (1)   Location.

         A.   A fence or wall may be built adjacent to but not upon the boundary line, and shall be located entirely on the owner's property. The Community Development Administrator may approve a fence to be placed upon the property line when the fence connects to an existing fence on an abutting property and the abutting property owner has agreed in writing to the connection of the fences.

         B.   To maintain clear and unobstructed vision, an opaque fence shall not be permitted within ten feet, in any direction, of the following points:

            i.   The intersection of a driveway and sidewalk or front property line if there is no sidewalk;

            ii.   The intersection of a driveway and public right-of way;

            iii.   The intersection of two driveways.

         C.   A fence shall comply with Section 1147.17, Visibility at Intersections.

      (2)   Materials and Construction.

         A.   Approved wall and fence materials include stone, brick, finished wood, iron, split rail or synthetic products with the appearance of the foregoing. Chain link fencing may be used only in the rear yard. When chain link fencing in a rear yard is adjacent to a street, such as on the street side of a corner lot, the fencing shall be screened from public view by an approved landscape screen.

         B.   Electrified, razor wire and barbed wire fencing in whole or in part are prohibited.

         C.   All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

      (3)   Height. No fence shall exceed six feet in height in any rear or side yard. No fence shall exceed three feet in height in a yard fronting on a street.

      (4)   Maintenance. All fences shall be structurally sound and maintained in good condition. The owner of the property upon which the fence is located shall be responsible for maintaining both sides of the fence. If a fence is approved to be installed on the property line, the permit holder shall be responsible for maintaining both sides of the fence.

     (g)   Additional Regulations for Vehicles.

      (1)   The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, body or other parts in a yard is prohibited.

      (2)   Overnight parking and outdoor storage of commercial motor vehicles over one (1) ton rate capacity is prohibited.

      (3)   Parking or storing of vehicles on a lawn is prohibited.

      (4)   Parking a recreational vehicle/equipment (RV) on a driveway or yard shall be permitted for not more than two) weeks and subject to the following conditions:

         A.   Living quarters shall not be used nor business conducted while such RV is stored or parked. No permanent connection shall be made to any utilities.

         B.   Recreational vehicles, camper trailers, small utility trailers and boats and boat trailers may be parked or stored outside an enclosed garage, other accessory building or on a driveway provided that no such vehicle shall overhang in the public right-of-way, or parked in the required front setback or on that part of the driveway located within the required front setback. A driveway or parking space shall not be constructed within the required front setback for the purpose of parking or storing of such vehicles.

         C.   The recreational vehicle/equipment is intended and used for the sole benefit and enjoyment of the resident occupants or guests of the property on which it is stored or parked.

         D.   If the recreational equipment is parked or stored outside, it shall be parked on an impervious surface, such as asphalt or concrete.

         E.   All recreational equipment shall be kept in good repair and currently registered with the Ohio Bureau of Motor Vehicles.

              (Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)