(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. The following general provisions apply to all accessory uses or structures.
(1) The structure or use shall be incidental to and customarily found in connection with a principal building or use permitted in the district in which it is located.
(2) The structure or use shall be located on the same lot as the principal use for which it serves. An accessory structure or use may be located on an adjacent lot if the adjacent lot is under the same ownership as the lot on which the principal use is located.
(3) Unless otherwise stated in this section, a zoning permit shall be required prior to construction or establishment of an accessory use or structure.
(4) An accessory use or structure shall not be established unless a principal use has first been established on a site in conformance with the applicable provisions of this Code.
(5) Unless permitted by the Planning Commission or City Council as part of a PUD approval, accessory uses and structures shall be prohibited in any open space area dedicated as part of a PUD.
(6) Unless otherwise permitted in this section, accessory uses shall not be permitted within any required minimum front yard or side yard in any zoning district, unless approved by the BZBA.
(7) Accessory uses in residential zoning districts must be set back a minimum of four feet from the side lot lines and at least six feet from the rear lot lines. In addition, accessory structures in residential zoning districts shall not exceed 720 square feet in area.
(c) Table of Permitted Accessory Uses. Table 1169.10-1: Permitted Accessory Uses lists the accessory uses and structures allowed within all zoning districts. The following is an explanation of the abbreviations and columns in Table 1169.10-1: Permitted Accessory Uses.
(1) Permitted Use (P). A "P" in a cell indicates that an accessory use or structure is permitted by-right in the respective zoning district. Permitted accessory uses and structures are subject to all other applicable regulations of this Code, including the additional standards set forth in this section.
(2) Permitted Use with Use-Specific Standards (PS).
A. A "PS" in a cell indicates that an accessory use or structure is allowed by-right in the applicable zoning district if it meets the additional standards set forth in the numerically referenced sections in the last column of Table 1169.10-1: Permitted Accessory Uses. Permitted uses and structures with use-specific standards are subject to all other applicable regulations of this section and Zoning Code.
B. Accessory uses and structures permitted with use-specific standards under this category are approved administratively by the Zoning Commissioner pursuant to the zoning permit review procedure (where required).
(3) Conditional Use (C). A "C" in a cell indicates that, in the respective zoning district, an accessory use or structure is permitted if reviewed and approved as a conditional use pursuant to Section 1165.07 Conditional Use Permit. Conditional uses are subject to all other applicable regulations of this code, including the additional standards set forth in this section.
(4) Prohibited Uses (Blank Cells). A blank cell indicates that the listed accessory use or structure is prohibited in the applicable zoning district.
(5) Zoning Permit Required. The "Zoning Permit Required" column indicates if a zoning permit is required for the applicable accessory use or structure.
(6) Yards Permitted. The "Yards Permitted" column indicates in which yards the applicable accessory use or structure is permitted. See also Chapter 1173 General Development Standards.
(7) Numerical References (Last Column). The numbers contained in the "Additional Regulations" column are references to additional standards and requirements that apply to the use and structure type listed. Standards referenced in the "Additional Regulations" column apply in all zoning districts unless otherwise expressly stated and may apply to a conditionally permitted accessory use and/or a permitted accessory use with use-specific standards.
TABLE 1169.10-1: PERMITTED ACCESSORY USES | ||||||||
USES P = PERMITTED PS = PERMITTED WITH STANDARDS C = CONDITIONAL | F-P | S-1 | A-1, R-1, R-2, R-3, R-4 | B-1, B-2, B-3 OR | M-1, M-2, M-3 | ZONING PERMIT REQUIRED | YARDS PERMITTED F = FRONT S = SIDE R = REAR | ADDITIONAL REGULATIONS |
Accessory Dwelling Units | C | C | Yes | R | 1169.10(d)(1) | |||
Accessory Retail Sales | PS | PS | Yes | In principal building | 1169.10(d)(2) | |||
Amateur Radio Transmitter or Antenns | C | Yes | Any | 1169.10(d)(3) | ||||
Automated Teller Machines (ATMs) | PS | Yes | F[1], S, R | 1169.10(d)(4) | ||||
Beekeeping | PS | PS | C | No | R | 1169.10(d)(5) | ||
Community Gardens | PS | PS | C | C | PS | Yes | S, R | 1169.10(d)(6) |
Detached Accessory Garages or Buildings | C | P | P | p | P | Yes | R | |
Drive-Through Facilities | [2] | C | Yes | S, R | 1169.10(d)(7) | |||
Drop-Off Boxes | PS | C | Yes | Any | 1169.10(d)(8) | |||
Dumpsters | PS | PS | PS | PS | Yes | S, R | 1169.10(d)(9) | |
Fences | C | P | P | P | P | Yes | ||
Home Occupations | C | PS | PS | Yes | In principal building | 1169.10(d)(10) | ||
Keeping of Chickens | PS | PS | PS | Yes | S, R | 1169.10(d)(11) | ||
Outdoor Dining Facilities | C | Yes | Subject to Review | 1169.10(d)(12) | ||||
Outdoor Bulk Storage | PS | PS | Yes | S,R | 1169.10(d)(13) | |||
Outdoor Sales | C | C | Yes | Any | 1169.10(d)(14) | |||
Parking Lots | C | P | P | Yes | ||||
Porches or Decks | C | PS | PS | PS | PS | Yes | Any | 1169.10(d)(15) |
Roadside Stand | PS | PS | PS | PS | Yes | Any | 1169.10(d)(16) | |
Small Wind Energy Conservation Systems | C | C | C | C | C | Yes | Any | 1169,10(d)(17) |
Solar Panels | C | C | C | C | C | See Standards | R, Roof | 1169.10(d)(18) |
Stables, Private | C | PS | PS | Yes | S, R | 1169.10(d)(19) | ||
Swimming Pools, Community or Club | C | PS | PS | PS | PS | Yes | S, R | 1169.10(d)(20) |
Swimming Pools, Private | C | PS | PS | PS | PS | Yes | S, R | 1169.10(d)(21) |
Tennis Courts or Other Game Courts | C | PS | PS | PS | C | Yes | Subject to Review | 1169.10(d)(22) |
Tree Houses, Play Sets, or Trampolines | P | P | P | No | S, R | |||
Unenclosed Patios | C | PS | PS | PS | PS | Yes | S, R | 1169.10(d)(23) |
Warehousing | P | P | Yes | S, R | ||||
Other Accessory Uses | C | C | C | C | C | 1169.10(d)(24) | ||
NOTES: [1] ATMs proposed in a front yard must obtain BZBA approval. [2] Drive-through facilities are allowed as conditional accessory uses in the B-1 and B-2 districts, and are allowed as permitted accessory uses in the B-3 and O-R districts. | ||||||||
(d) Accessory Use-Specific Standards.
(1) Accessory Dwelling Unit. Accessory dwelling units in residential zoning districts shall comply with the following standards:
A. Accessory dwelling units are allowed as accessory uses only to single-family detached dwellings, and are not allowed as accessory uses to two-family dwellings, townhouse dwellings, multi-family dwellings, or manufactured homes.
B. The principal dwelling shall be occupied by its owner.
C. Not more than one accessory dwelling unit shall be allowed per single-family dwelling.
D. An accessory dwelling unit may be within or attached to the principal dwelling (e.g., a downstairs apartment), or exist within or as a detached structure (e.g., an apartment above a detached garage or a guesthouse).
E. An accessory dwelling unit attached to the principal dwelling shall have an operative interconnecting door with the principal dwelling, and shall have a principal access only from the side or rear yard of the principal dwelling.
F. The gross floor area devoted to an accessory dwelling unit shall not exceed 35% of the total gross floor area of the principal dwelling to which it is accessory. The floor area of an accessory dwelling unit shall not be included as part of the floor area of the principal dwelling for calculation purposes of applying limits on home occupations or similar limits imposed by this Code.
G. The use of a manufactured home, recreational vehicle, or a similar vehicle as an accessory dwelling unit is prohibited.
H. At least one, but no more than two, off-street parking spaces shall be provided for an accessory dwelling unit in addition to off-street parking required for the principal dwelling.
I. The addition of an accessory dwelling unit to a single-family detached dwelling shall not change the status of the dwelling as a single-family detached dwelling or the lot as the site of a single-family dwelling for purposes of applying intensity and dimensional standards.
(2) Accessory Retail Sales. Principal uses in the applicable zoning district may include some retail sales provided:
A. The floor area dedicated to retail sales is less than 10% of the total building floor area.
B. The retail sales take place in the principal building.
C. The retail sales are related to the services rendered, products stored, or products produced as part of the principal use.
(3) Amateur Radio Transmitter or Antenna. Noncommercial amateur radio antenna structures are permitted when in compliance with the following standards:
A. The structure is for use by licensed amateur radio operators.
B. Such towers shall not exceed 100 feet in height, except by conditional use permit.
C. The construction shall be of such type as may be required by the City to form a safe and durable structure.
D. Components of the antenna shall not be permitted to extend across the property line of the property on which the antenna is located.
E. The antenna structure shall be set back a distance equal to the height of the tower plus an additional 20 feet.
(4) Automated Teller Machines (ATMs).
A. ATMs are permitted when attached to a principal building and meet the applicable architectural standards.
B. All ATMs must comply with the following:
1. No part of an ATM structure shall exceed 15 feet in height unless the ATM is built into the side of the principal building.
2. All structures and activity areas, except off-street parking, shall be set back a minimum of 50 feet from all lot lines abutting a residential zoning district and a minimum of 35 feet from all other lot lines.
3. All ATMs shall be subject to the vehicle stacking requirements of Chapter 1175 Parking, Loading and Mobility Standards.
C. If an ATM is built into a drive-through facility, such facility shall be subject to the requirements of Subsection 1169.10(d)(7) Drive-Through Facilities.
D. To the maximum extent feasible, ATMs shall be located in the side or rear yard.
(5) Beekeeping. Beekeeping is permitted provided that:
A. The principal use is a single-family dwelling.
B. No more than two hives are permitted on lots less than one acre.
C. A beehive shall be kept no closer than 10 feet to any lot line and no closer than 25 feet to any residential structure on an adjacent lot, or shall comply with the setbacks of the applicable zoning district, whichever is greater.
D. The front of any beehive shall face away from the property line of the adjoining residential property closest to the beehive.
E. A solid fence or dense hedge, known as a flyaway barrier, at least five feet in height shall be placed around the beehive. A boundary fence or hedge at least five feet in height may be used to meet this requirement. No such flyaway barrier shall be required if all beehives are located at least 25 feet from all property lines and for beehives that are located on porches or balconies at least 10 feet above grade, except if such porch or balcony is located less than five feet from a property line.
F. No Africanized bees may be kept on a property.
G. A supply of fresh water shall be maintained in a location readily accessible to all beehives on the property.
(6) Community Gardens.
A. Community gardens may be allowed as an accessory use when associated with a public or institutional principal use (e.g., religious institution or educational facility).
B. Community gardens shall be subject to the provisions of Subsection 1169.08(b)(1) Community Gardens.
(7) Drive-Through Facilities.
A. All points of entrance or exit shall be set back a minimum of 100 feet from the intersection of any streets and shall meet access management requirements.
B. Drive-through facilities shall be subject to the vehicle stacking requirements of Chapter 1175 Parking, Loading and Mobility Standards.
C. Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall be set back a minimum of 300 feet from any residential dwelling unit.
D. No service shall be rendered, deliveries made, or sales conducted within the required front yard; customers served in vehicles shall be parked to the sides and/or the rear of the principal structure.
E. All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, 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.
F. A fence or screen between four and six feet in height shall be constructed along any property line abutting a residential zoning district.
H. These standards shall not apply to carry-out restaurants where a customer can pick up pre-ordered food either at a window or in the principal use. (Ord. 7675. Passed 11-11-14.)
(8) Drop-Off Boxes.
A. Drop-off boxes that are not collection facilities for recyclable materials are not permitted within the municipal boundaries.
B. Effective January 1, 2021, any drop-off box and its contents left on property that is not otherwise exempted by subsection (d)(8)C. shall be deemed abandoned property and may be removed and disposed of by the City at the expense of the owner. The City may pursue costs and expenses for such removal as a lien upon the property to be collected as other taxes in accordance with Section 715.261 of the Ohio Revised Code.
C. Notwithstanding subsection (d)(8)A. an organization that is charitable, religious, educational, scientific, literary, public-safety oriented, dedicated to amateur sports competition or dedicated to preventing the cruelty to children or animals may place up to three (3) drop-off boxes on real property that the organization owns, leases, or occupies and maintains a physical presence provided that the placement of the drop-off box complies with the screening requirements contained in Section 1177.06, the Municipal Fire Code contained in Chapter 1501 of the Codified Ordinances of Defiance, Ohio, and the Ohio Fire Code (O.A.C. § 1301:7-7).
D. Recycling collection containers are considered trash and/or garbage collection areas and are subject to the provisions of Section 1169.10(d)(9) Dumpsters.
E. “Physical presence” for the purpose of this section means the maintenance of an existing building or structure from which the organization operates and staffs on a frequency of at least once per week.
F. “Recyclable materials” for the purpose of this section means objects that a waste removal company is contracted to collect for reuse or alteration to a new function.
(Ord. 8257. Passed 10-27-20.)
(9) Dumpsters. The dumpster shall be screened on a minimum on three sides to a height that fully screens the use in conformance with Section 1177.06 Screening Requirements, unless otherwise required in this Zoning Code.
(10) Home Occupations. Home occupations shall be subject to the following conditions in addition to any other applicable use standards of the applicable zoning district:
A. A person whose principal employment is outside of the home but who temporarily works out of a home office shall not be considered as operating a home occupation subject to these standards.
B. Home occupations shall be clearly incidental and subordinate to the use of the property for residential purposes and shall be completely conducted within the dwelling.
C. The external appearance and/or use of the structure or lot in which the home occupation is conducted shall not be altered to indicate the presence of the home occupation.
D. There shall be no outside storage of any kind related to the home occupation. No display of the products shall be visible from the street.
E. No expansion of existing off-street parking shall be permitted. Furthermore, no additional parking burden, due to the home occupation, shall be created.
F. No equipment, process, materials, or chemicals which create offensive noises, vibration, smoke, dust, odor, heat, glare, or electrical disturbances shall be utilized in the home occupation.
G. No more than one home occupation shall be permitted within any single dwelling unit.
H. Delivery of any materials necessary for a home occupation shall be limited to automobiles, light duty trucks (e.g., typical FedEx or UPS home delivery vans and trucks) or vans.
I. No building or structure shall be used to operate a business, store equipment used for a business, or serve as a location where multiple employees meet or park prior to going to work off-site.
J. Hours of operation for a home occupation that entails client visits or incoming deliveries is restricted to no earlier than 8:00 a.m. and no later than 8:00 p.m. each day of the week.
K. No sign, other than one non-illuminated nameplate, two square feet in area and mounted flat on the front face of the dwelling or on a driveway lamppost, shall be erected or maintained on the premises.
L. In those instances when the Zoning Commissioner denies an application, or if the Zoning Commissioner is uncertain of the appropriateness of a proposed home occupation, the matter may be appealed or taken to the BZBA for interpretation.
M. The following are examples of permitted home occupations:
1. Clerical and other similar business services;
2. Instruction in music, dance or other type of teaching that does not require an expansion in parking;
3. The office of a professional accountant, attorney, broker, consultant, insurance agent, realtor, architect, engineer, sales representative, and similar office oriented occupations;
4. Artists, sculptors, photographers, and other providers of home crafts;
5. Barber shop/beauty salon with a maximum of one chair;
6. A licensed massage therapist who provides massage therapy for a maximum of one client at any given time; or
7. Any similar use as determined by the Zoning Commissioner.
(11) Keeping of Chickens. The keeping of up to four chickens is permitted provided that:
A. The principal use is a single-family dwelling.
B. No person shall slaughter any chickens for commercial sales.
C. The chickens shall be provided with a covered enclosure for protection from the elements.
D. Chickens must always be confined within a fenced area of the yard at all times.
E. A covered enclosure or fenced area shall be located no closer than 25 feet to any residential structure on an adjacent lot, or shall comply with the setbacks of the applicable zoning district, whichever is greater.
F. The property on which chickens are kept adheres to the odor and other performance standards of Section 1173.05 Performance Standards.
(12) Outdoor Dining Facilities.
A. Outdoor dining areas in a public right-of-way shall be prohibited, except in the B-2 District.
B. Outdoor dining areas on a private property shall be regulated as follows:
1. An outdoor dining area may be allowed as an accessory use to a restaurant with an indoor eating area on the same site; provided the outdoor dining area shall not replace any off-street parking, loading, or landscaping areas as may be required by this Code.
2. 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 an area that is closed to vehicular traffic, no railing or fencing shall be required.
3. Umbrellas, or other protective elements, that shelter diners from the elements shall be secured so as not to create a hazard.
4. Enclosing an outdoor dining area 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 zoning permit.
C. The location of outdoor dining areas is subject to review by the city to ensure that access to the building and pedestrian walkways are not obstructed.
D. Outdoor dining areas may be permitted in the front yard in the B-2 District provided that the area is located along the sidewalk or walkway adjacent to the building in the front yard.
E. Outdoor dining areas may be permitted in the side or rear yard.
F. Outdoor dining areas that are not located adjacent to the principal building shall not be located more than 20 feet away from the principal building.
G. The location of the outdoor dining area shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of sidewalk or walkway shall be clear to allow for safe pedestrian movement.
H. Outdoor dining areas may be permitted in the front yard, away from sidewalks and buildings, under the following provisions:
1. The outdoor dining area shall not reduce the amount of off-street parking spaces provided to a number below the minimum number of required spaces; and
2. No more than 2,400 square feet of the front yard (exclusive of dining areas on a sidewalk or walkway) shall be dedicated to outdoor dining.
(13) Outdoor Bulk Storage. Outdoor bulk storage areas may be permitted where such storage areas comply with the following standards:
A. Outdoor bulk storage shall not interfere with parking or the sale and unobstructed use of vehicular or pedestrian access ways or walkways.
B. Outdoor bulk storage shall comply with all applicable state and federal regulations.
C. Outdoor bulk storage areas are located in the side or rear yard. In no case shall the outdoor storage of goods be permitted between a principal building and a street.
D. Storage of any goods or materials shall not exceed six feet in height unless the storage is fully screened by a six-foot high opaque screen that is architecturally compatible with the principal structure in material type and color.
E. The use of banners, pennants, strings of pennants, or similar decoration shall not be included in outdoor bulk storage.
(14) Outdoor Sales. Temporary and permanent facilities for outdoor sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to the principal use may be permitted upon compliance with the following:
A. Outdoor sales areas may be permitted provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building in the front yard.
B. Outdoor sales are not permitted in the right-of-way, except in the B-2 District.
C. Outdoor sales areas may also be permitted in the side or rear yard.
D. Outdoor sales areas that are not located adjacent to the principal building shall not be located more than 20 feet away from the principal building.
E. The placement of merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.
F. Outdoor sales areas may be permitted in the front yard, away from sidewalks and buildings, under the following provisions:
1. The outdoor sales area shall not reduce the amount of off-street parking spaces provided to a number below the minimum number of required spaces; and
2. No more than 2,400 square feet of the front yard (exclusive of display areas on a sidewalk or walkway) shall be dedicated to outdoor sales.
(15) Porches or Decks.
A. Porches or decks that are enclosed (with screening or other materials), have a roof, or that are physically attached to the principal structure shall meet the setback requirements for principal buildings in the applicable zoning district. See Chapter 1173 General Development Standards.
B. Unenclosed porches and decks may encroach into required setbacks in accordance with Chapter 1173 General Development Standards.
(16) Roadside Stands.
A. A roadside stand shall only be permitted where at least 50% of the total value sold from the stand is derived from produce raised on farms owned or operated by the stand operator in a normal crop year.
B. Off-street parking shall be provided as required in Chapter 1175 Parking, Loading and Mobility Standards.
C. One monument sign may be permitted provided it does not exceed 12 square feet in sign area, six feet in height, and only external illumination is used.
(17) Small Wind Energy Conservation Systems.
A. Small wind energy systems that are attached to a roof or structure are permitted provided that the measurement from the average grade to the tip of the blade of the system does not exceed the maximum height of buildings permitted in the applicable zoning district.
B. Stand-alone small wind energy systems may be permitted on lots with a minimum lot area of one acre. The pole or supporting structure shall be set back a minimum of 50 feet from any lot line.
C. The maximum height shall be 75 feet measured from the average grade to the highest point on the blade.
D. The height and location of a stand-alone small wind energy system shall be such that if the system were to collapse it would fall within the boundaries of the subject lot.
(18) Solar Panels.
A. Roof-mounted solar panels that are visible from a public right-of-way shall be flush-mounted to the roof or may be elevated on one side of the panel to a distance that does not exceed six inches as measured from the roof surface to the top of the panel.
B. Roof-mounted solar panels that are not visible from a public right-of-way shall not be elevated from the roof surface more than two feet.
C. Roof-mounted solar panels shall not require a zoning permit.
D. Freestanding solar panels shall be limited to a maximum height of five feet and shall be located in the rear yard. Such freestanding solar panels shall require a zoning permit.
(19) Stables, Private. A private riding stable shall only be permitted as an accessory use on lots with a minimum area of five acres.
(20) Swimming Pools, Community or Club.
A. A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club, for the use and enjoyment by members of the association or club and their families.
B. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
1. The pool is intended solely for the enjoyment of the members, families, and guest of members of the association or club under whose ownership or jurisdiction the pool is operated.
2. The pool and accessory structures thereto, including the areas used by the bathers, shall be no closer than 100 feet to any property line of the property on which it is located.
3. The swimming pool, and all of the area used by the bathers, shall be so walled or fenced as to prevent uncontrolled access by children from the street and adjacent properties. The enclosure shall not be less than six feet in height and shall be maintained in good condition.
4. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except the door of any dwelling which forms a part of the enclosure need not be so equipped.
(21) Swimming Pools, Private.
A. A private swimming pool shall be any pool, lake or open tank not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than one and one-half feet.
B. No swimming pool, exclusive of portable swimming pools with a diameter less than 12 feet, or with an area of less than 100 square feet, shall be allowed in any residential or business zoning district except as an accessory use, and unless it complies with the following conditions and requirements:
1. The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
2. It shall not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which it is located.
3. The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The enclosure is to be not less than five feet in height and maintained in good condition, with a gate and lock.
4. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except that door of any dwelling which forms a part of the enclosure and need not be so equipped.
5. As an exception to the fencing required for single-family residential swimming pools, an automatic safety pool cover shall be permitted, subject to the provisions herein. This provision does not apply to community or club swimming pools. The safety pool cover shall at minimum:
a. Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
b. Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;
c. Be capable of supporting a 400 pound imposed load upon a completely drawn cover;
d. Be installed with track, rollers, rails, guides, or other accessories necessary to accomplish Provisions a. through c. above, in accordance with the manufacturer's instructions; and
e. Bear an identification tag indicating the name of the manufacturer, name of the installer, installation date, and applicable safety standards, if any.
(22) Tennis Courts or Other Game Courts. Tennis courts or other game courts shall be set back five feet from all lot lines.
(23) Unenclosed Patios. All unenclosed patios shall meet the required setbacks of the applicable district unless otherwise permitted in Subsection 1169.10(d)(15) Porches or Decks.
(24) Other Accessory Uses.
A. Other accessory uses in a residential zoning district shall be subject to a conditional use review (See Section 1165.07 Conditional Use Permit).
B. Other accessory uses in a nonresidential zoning district may be permitted by the zoning commissioner if they are customarily found in conjunction with and required for the full utilization and economic viability of the principal business use. The zoning commissioner shall have the authority to determine that a proposed accessory use (not otherwise defined in Table 1169.10-1: Permitted Accessory Uses shall be subject to conditional use review (See Section 1165.07 Conditional Use Permit).
(Ord. 7675. Passed 11-11-14.)