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('80 Code, § 1183.01) (Ord. 21-70, passed 7-13-70)
(A) Platting required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets, the requirements of the subdivision regulations. Development requirements are minimum requirements for the arrangement of lots and spaces to be achieved in all developments.
(B) Lot area and yard space preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure.
(1) Open yards required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows:
(a) Fences, walls and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall between a street and a front building setback line is more than three feet in height, except as required in §§ 153.130 through 153.138 or in accordance with an approved final development plan of a Planned Development District.
(b) Eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet.
(c) Patios and seat walls, not exceeding a combined 18 inches in height above grade, shall be permitted to encroach into the required rear yard a distance not to exceed five feet. Structures and Accessory Structures, including, but not limited to, porticos, pergolas, and canopies, are not permitted to encroach into the rear setback.
(d) Stoops, not exceeding 30 inches in height, may project beyond the front and rear building setback line not to exceed five feet.
(e) The height of a structure may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations.
(f) Driveways shall be setback at least three feet from a side lot line or adjacent to the side lot line where a single common drive is provided for two adjoining lots as listed in § 153.210.
(h) Rain barrels and other similar rainwater harvesting devices may project into a front setback, and a side and/or a rear yard a distance not to exceed three feet.
(2) Yards not otherwise required. Yard space not otherwise required but provided shall be five feet or more in width.
(3) Yards maintained. All yard space shall be maintained in accordance with one or more of the following provisions:
(a) Fenced as permitted or required.
(b) Landscaped by lawns, shrubs, trees and other plantings, maintained in a neat and orderly natural state, or used for permitted accessory or ancillary use.
(c) Paved for parking, driveways, or other vehicular uses as permitted.
(4) Maximum lot coverage.
(a) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 70% of the total lot area within the following zoning districts:
R-12 Urban Residential District
SO, Suburban Office and Institutional District
NC, Neighborhood Commercial District
CC, Community Commercial District
RI, Restricted Industrial District
LI, Limited Industrial District
GI, General Industrial District
OLR, Office, Laboratory, Research District
TF, Technology Flex District
ID-1, Innovation District (Research Office)
ID-3, Innovation District (Research Assembly)
Excavation and Quarry
Oil and Gas
Exceptional Uses
(b) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 80% of the total lot area within the following zoning districts:
CCC, Central Community Commercial
CB, Central Business District
(c) The lot coverages contained herein are maximums and should not be interpreted to restrict or otherwise limit any other requirements of this Code or the authorized discretion of the city's boards, commissions or City Council. This maximum lot coverage subsection shall not apply to sites which have previously approved final development plans or a certificate of zoning compliance or other similar final approval by the city prior to the date this division takes effect.
(d) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 45% of the total lot area within the following residential districts:
R-1, Restricted Suburban Residential District
R-2, Limited Suburban Residential District
R-3, Suburban Residential District
R-4, Suburban Residential District
R-10, Two-Family Residential District
(e) Unless otherwise required in an approved Planned Unit Development, structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard-surfaces or paved areas shall not cover more than 45% of the total lot area within a residential PUD, Planned Unit Development District. Lot coverage and setback requirements for residential development should follow the design principles outlined in the Neighborhood Design Guidelines.
(f) Structures, parking driveways, vehicular use areas, service areas, pedestrian areas and other hard-surfaces or paved areas shall not cover more than 75% of the total lot area within the following zoning districts:
ID-2, Innovation District (Research Flex)
ID-4, Innovation District (Research Mixed Use)
('80 Code, § 1183.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 33-93, passed 6-21-93; Am. Ord. 142-99, passed 2-22-00; Am. Ord. 17-07, passed 4-9-07; Am. Ord. 30-10, passed 9-13-10; Am. Ord. 18-11, passed 5-23-11; Am. Ord. 32-11, passed 6-27-11; Am. Ord. 05-23, passed 3-27-23; Am. Ord. 32-23, passed 9-11-23) Penalty, see § 153.999
(A) Required building setback defined. The required building setback is that area between the building setback line and the street right-of-way. Unless otherwise permitted by this Code, no structure or other use of land, except parking and driveways, shall be located in the required building setback.
(B) Building setback lines established. Along every street right-of-way a building line shall be established from the center line of that right-of-way a distance equal to the width of the existing right-of-way or the width of the right-of-way proposed in the most recent adoption of the Thoroughfare Plan adopted by Council on January 10, 2008 and as amended from time to time whichever right-of-way is greater. Unless otherwise permitted by this Code, the required building setback shall be at least 30 feet.
(C) Parking within the required building setback from public right-of-way or a private street. Open parking or loading spaces shall be permitted to extend into the required building setback for not more than a distance equal to 40% of the required building setback distance. Parking areas shall be at least 15 feet from any established or proposed right-of-way or private street easement.
(D) Platted setback. No structure or other use shall be located between the public street right-of-way or private street and the platted building setback line unless otherwise permitted by this Code.
(E) Setback along freeways or expressways. The setbacks for all principal and accessory buildings, parking, driveways, and all other vehicular use areas along freeway and expressway rights-of-way shall be a minimum of 50 feet.
(F) Sight triangles. Sight visibility triangles define areas at public or private street intersections and at curb cuts where visibility must be maintained for safety of the motoring public. Landscaping and other site appurtenances may be limited in these areas. The City Engineer shall develop and maintain an administrative policy that defines accepted sight visibility triangles at intersections and curb cuts.
('80 Code, § 1183.03) (Ord. 35-85, passed 8-5-85; Am. Ord. 17-07, passed 4-9-07; Am. Ord. 17-08, passed 5-5-08) Penalty, see § 153.999
(A) Home occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods.
(1) Standards for home occupations. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this chapter and complies with the following restrictions or standards:
(a) No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential District.
(b) No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.
(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.
(d) The space devoted for use of the home occupation must be within the main dwelling or basement and no portion of the use shall be conducted within an attached garage. Accessory buildings such as detached garages or sheds shall not be used for home occupations.
(e) No mechanical or electrical equipment shall be used except normal domestic equipment or any equipment necessary and essential to any of the permitted home occupations.
(f) No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particular matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
(g) There shall be no outdoor storage of equipment or materials used in the home occupation.
(h) Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.
(i) The home occupation shall not generate traffic greater in volume than normal for residential neighborhood.
(j) All automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises, unless other more satisfactory arrangements are required and approved by Director of Land Use and Long Range Planning after a public notice home occupation parking on non-curbed streets is prohibited. No truck other than one van-type truck may be used in connection with a home occupation. If this vehicle is stored on-site, it must be enclosed by a structure so that the vehicle cannot be entered upon or seen from an adjacent lot or street.
(2) Permit. All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the City Manager or his agent. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two-year period thereafter.
(3) Permitted home occupations. Home occupation permits will be issued if determined that such uses are in keeping with the intent and purpose of this section. It shall not be the intent of this section to require a home occupation permit for maintenance of a home or private professional office (e.g., doctor's, lawyer's or architect's), provided that the office not be used as a physical location to conduct business meetings with clients/customers and the provisions of this section regarding signage, traffic and other provisions regulating home occupations are adhered to.
(B) Model homes in residential districts. Regulation of model homes is intended to preserve the opportunity for potential residents of the city to inspect housing available within the municipality; to provide home builders a forum to demonstrate housing styles and options; to preserve the quality of residential life for nearby residents; and to protect residential areas from the potential adverse effects of non-residential uses.
(1) Application. This section shall apply to all residential districts, including residential planned districts, unless specific provisions of the applicable development text specify otherwise.
(2) Approval. The Administrative Official or designee shall be permitted to issue a Certificate of Zoning Plan Approval (CZPA) for model homes, sales offices, and sales trailers in residential districts, provided specific criteria are met.
(a) Model homes and sales offices may be approved for up to two years.
1. Certificates of Zoning Plan Approval may be approved for up to an additional two years until the residential development as defined in the application for a CZPA is 75% occupied.
2. When the residential development is greater than 75% occupied but less than 95% occupied, a CZPA may be approved by the Administrative Official for up to one year.
3. Operation of the model home or sales office shall be discontinued within 90 days once the residential development is 95% occupied.
4. For the purposes of this section, the term OCCUPIED shall refer to residential units that are being used as a dwelling, or residential units that are vacant and owned by an entity other than the developer or a home builder.
5. Once operation of the model home or sales office is discontinued, all improvements made for the purposes of the model home or sales office use, including but not limited to signs and associated landscaping, lighting, and architectural modifications, shall be removed and restored to conditions typical of a residential development within 90 days.
(b) Sales trailers may be permitted for a maximum of two years, or until a model home or sales office is constructed, whichever occurs first.
(c) Approval of a CZPA for model homes and sales offices in residential districts shall be subject to the following:
1. The building which serves as the office/sales facility shall be sited within the development to ensure that the model home is easily accessible and identifiable and shall not detract from the residential and architectural character of the neighborhood.
2. External lighting may be approved provided it does not detract from the residential character of the building. In no case shall exterior lighting other than usual and customary residential lighting be permitted after 9:00 p.m. All interior lighting, with the exception of lighting in a maximum of two rooms, shall be turned off by 9:00 p.m. and remain off until 8:00 a.m. daily.
3. One identification sign is permitted for model homes and sales offices, not exceeding eight square feet in area and six feet in height. Signs shall maintain a minimum eight-foot setback from the right-of-way. A sign permit is required for all signs.
4. All structures shall comply with all applicable requirements of the city and any additional development standards for the zoning district.
5. Locations for parking for sales staff and customers shall avoid creating disruptions to surrounding residents. Parking for model homes and sales offices shall be provided either on-site or on-street adjacent to the facility, except as provided in division 6. below. Parking lots for sales trailers or sales offices shall meet all requirements of this chapter related to parking lots.
6. Freestanding, off-site parking lots for model homes shall be permitted only on residential lots adjacent to unoccupied lots with the exception of the model home and only after obtaining a special permit according to the procedures of § 153.231(G). The parking lot shall not extend beyond the rear elevation, nor project forward of the front elevation, of the model home. A sidewalk shall be provided from the parking lot to the model home. The parking lot and sidewalk must be removed within 90 days after a building permit is obtained for the adjacent vacant lot or the model home operation is discontinued.
7. An application for a CZPA shall include information regarding hours of operation, number and type of employees with the maximum number of employees expected on site at any time, provision of parking for employees and customers, and a description of the proposed facility's compliance with the standards of this section.
(3) Number of model homes. If the Administrative Official determines that the number of model homes in any residential district is excessive or is affecting the residential character of the neighborhood or the development, the applicant shall be required to obtain a special permit in accordance with the requirements of § 153.231(G) prior to operating the model home or sales office.
(4) Notices. The city shall notify any registered homeowners associations and all property owners within 300 feet of the site of a proposed model home, sales office, or sales trailer in a residential district within ten days from the receipt of a complete application for a CZPA. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, and indicate when and where written comments will be received concerning the request. At least 14 days shall be provided for public comment prior to a determination by the Administrative Official.
(C) Community residences for people with disabilities.
(1) A family community residence shall be allowed as of right in zoning districts R, R-l, R-2, R-3, R-4, R-10, R-12, BSD-R, BSD-OR, BSD-O, BSD-HC, BSD-HR, and all Planned Unit Developments, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence.
(2) A conditional use permit is required to establish any community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards:
(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;
(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and
(c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by excessively concentrating community residences on a block.
(3) A transitional community residence shall be allowed as of right in zoning districts R-12, BSD-R, BSD-OR, BSD-O, and BSD-HTN, and in any Planned Unit Development in which buildings with three or more dwelling units are allowed, provided (1) it is located at least eight lots on its side of the street from an existing community residence and is at least 660 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, and (2) the operator or applicant is licensed or certified by the State of Ohio to operate the proposed community residence, has certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence.
(4) In the R-12, BSD-R, BSD-OR, BSD-O, and BSD-HTN zoning districts, a conditional use permit is required to establish a transitional community residence within eight lots on its side of the street from an existing community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence. The conditional use permit is subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards:
(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;
(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and
(c) The proposed community residence in combination with any existing community residences will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block.
(5) A transitional community residence shall be allowed by conditional use permit in residential districts R, R-l, R-2, R-3, R-4, R-10, and all Planned Unit Developments, subject to the standards for a conditional use permit set forth in § 153.236(C) and the following standards when there is an existing community residence within eight lots on its side of the street from the proposed community residence or within 660 linear feet of the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence, or the State of Ohio does not require the operator to be licensed or certified to operate the community residence or Congress does not recognize or sanction the community residence:
(a) The proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence for people with disabilities;
(b) The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the community residence; and
(c) The proposed community residence in combination with any existing community residences, will not alter the character of the surrounding neighborhood by creating an institutional atmosphere or by creating a de facto social service district by concentrating community residences on a block.
('80 Code, § 1183.04) (Ord. 10-84, passed 4-2-84; Am. Ord. 23-84, passed 5-22-84; Am. Ord. 30-89, passed 4-17-89; Am. Ord. 61-00, passed 9-17-01; Am. Ord. 28-08, passed 5-19-08; Am. Ord. 26-10, passed 8-9-10; Am. Ord. 22-14, passed 8-25-14; Am. Ord. 14-17, passed 2-27-17) Penalty, see § 153.999
(A) Purpose and scope.
(1) Accessory uses and structures shall be permitted in association with a principal use or structure. Permitted accessory structures shall be subordinate and proportional in area to their location. For smaller residential lots, accessory structures are intended to be proportional in area to the size of the principal structure. For larger residential lots, accessory structures shall be proportional to the size of the property on which they are located. For non-residential districts, accessory uses and structures shall be proportional to the principal use or structure.
(2) Applicability. This section shall apply to accessory uses and structures in all zoning districts unless otherwise provided for in the development requirements of the district in which the property is located or the respective planned development text.
(3) Accessory uses.
(a) Residential. Storage, recreation, child care, home occupations, leisure and gardening/landscaping uses, renewable energy equipment - solar, and others as permitted by the district in which the property is located or as determined by the Administrative Official.
(b) Non-residential. As permitted by the district in which the property is located.
(4) Accessory structures. Accessory structures include, but are not limited to, the following:
(a) Residential. Garages and carports (attached and detached), sheds, swimming pools, hot tubs, sport courts and similar facilities, gazebos, porches/sunrooms, patios, decks, pergolas, awnings, canopies, greenhouses, renewable energy equipment - solar, or similar facilities, and other similar structures as determined by the Administrative Official.
(b) Non-residential. Dumpster enclosures, sheds, garages/parking structures, patios, decks, pergolas, awnings, canopies, greenhouses, renewable energy equipment - solar, and other similar structures as determined by the Administrative Official.
(c) Temporary. Construction trailers, portable classrooms, portable non-residential structures, special event tents, and others in accordance with § 153.097.
(d) Landscape features, including but not limited to planting beds, fountains, and other similar features, and play structures shall not be considered accessory structures and are therefore not subject to the regulations of this section.
(B) Accessory uses and structures in Residential Districts and Residential Planned Development Districts.
(1) Accessory uses shall comply with any applicable requirements of this Code or approved development text.
(2) Detached accessory structures.
(a) This section shall apply to detached accessory structures for residential properties, including but not limited to detached garages, sheds, greenhouses, carports, and other similar structures as determined by the Administrative Official. ATTACHED, for the purpose of this section, means that the addition is integrated visually, structurally and architecturally with the principal structure, has an attached roof with similar design to the principal structure, permits access between the principal structure and the addition either internally or under the roof, and/or shares a common wall with the principal structure or is connected to the principal structure by an enclosed space.
(b) For purposes of determining attachment, an enclosed space is an area under a roof which has solid walls at least 18 inches in height around its entire exterior, or which is 100% screened, walled, or provided with glass from floor to ceiling, so that the enclosed interior space is completely separated from the outside space.
(c) The following shall not be counted toward the maximum permitted square footage for detached accessory structures: fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels, attached three-season rooms, screened porches, decks, patios, or porches. Gazebos, pergolas, trellises and arbors or other similar structures that are 250 square feet in area or less, as determined by the Administrative Official, shall not be counted toward the maximum permitted square footage.
(d) The following shall not be counted toward the number of permitted detached accessory structures: gazebos, pergolas, awnings, trellises, and arbors or other similar structures that are 250 square feet in area or smaller; other similar landscape features, fire pits, sport courts, swimming pools, hot tubs, solar panels, kennels, attached three season rooms, screened porches, decks, patios, porches, decks, or other similar structures as determined by the Administrative Official.
(e) For the purposes of division (B)(2) of this section, only the gross square footage of ground floor area shall be counted toward the maximum permitted detached accessory structure square footage.
(f) Maximum square footage and number of detached accessory structures.
PROPERTY SIZE | REQUIREMENTS (CUMULATIVE) |
PROPERTY SIZE | REQUIREMENTS (CUMULATIVE) |
Less than 1 acre | 840 sq. ft., OR 30% of the livable area of the principal building excluding attached garages, whichever is greater. In no case shall the height of the detached accessory structure exceed 18 feet. |
Not more than two detached accessory structures shall be permitted. | |
1 - 5 acres | 1,000 sq. ft., PLUS 250 sq. ft. per acre or fraction thereof over one acre, up to a maximum of 2,000 sq. ft. |
In no case shall the height of the detached accessory structure exceed 22 feet. | |
Two detached accessory structures PLUS one additional detached accessory structure per acre greater than one acre shall be permitted. Not more than five detached accessory structures shall be permitted. | |
Over 5 acres AND zoned R or R-1 | 2% of the lot area, not to exceed a cumulative square footage for all detached accessory structures of 3,000 sq. ft. |
Additional setback requirements: For any single detached accessory structure in excess of 2,000 sq. ft. setbacks are as required by the District in which the property is located, PLUS 25 ft. for each 250 sq. ft., or fraction thereof, over 2,000 sq. ft. | |
Notwithstanding the provisions of this chapter, detached accessory structures shall be permitted one garage door not greater than 12 feet in height, provided that the structure is located to the rear of the principal structure. The maximum height for accessory structures shall not exceed that permitted for the principal structure. | |
Not more than five detached accessory structures shall be permitted. | |
(g) Except as may otherwise be permitted, no part of any accessory building shall be used as a dwelling for residential purposes.
(3) Accessory structures in Multiple-Family Residential Districts.
(a) Multiple-family residential units shall be permitted not more than one two-car garage per unit provided all other applicable development requirements are met.
(b) The exterior façade materials and architectural design of all accessory structures shall be coordinated with those of the principal building.
(c) This section shall not prohibit accessory uses and structures typical of multiple-family residential developments, including but not limited to clubhouses and/or administration offices, pool houses, laundry facilities, gatehouses, mailbox shelters, dumpster shelters or enclosures, recreational facilities, renewable energy equipment - solar, and other similar structures as determined by the Administrative Official, provided all applicable development requirements including but not limited to lot coverage, setbacks, open space, and stormwater management are met.
(d) For detached garages in Multiple-Family Residential Districts, not more than five garage doors are permitted in a single row or plane.
(4) Garages. Attached garages shall not be counted toward the maximum permitted square footage for accessory structures. All new and additions to existing front-loaded attached and detached garages or garages that are visible from the street and angled less than 60 degrees to the front lot line or street tangent line must meet the following requirements:
(a) No single garage door opening shall be wider than 18 feet. Only one such garage door is permitted.
(b) No combination of garage door openings shall be wider than 36 feet.
(c) Not more than two garage doors may be located on the same horizontal plane of the principal structure. Additional garage doors must be located on separate planes with a minimum separation of 16 inches.
(d) Garage door openings totaling 18 feet in width or less shall not make up more than 35% of the linear distance of the front elevation nor project more than 12 feet from the adjacent vertical wall plane. Porches with no additional overhead structures shall not be considered a vertical wall plane.
(e) Garage door openings totaling more than 18 feet up to 36 feet in width shall not make up more than 45% of the linear distance of the front elevation nor project more than ten feet from the adjacent vertical wall plane. Porches with no additional overhead structures shall not be considered a vertical wall plane.
(5) Garages converted to habitable space. Attached garages in all residential zoning districts may be converted into habitable living space if either: a) another garage exists on the property that is commensurate in size to the garage being converted; or b) another garage is constructed on the property that is commensurate in size to the garage being converted.
(6) Required location in residential zoning districts.
(a) All accessory uses and structures, including swimming pools and associated decking, shall be constructed within the permitted buildable area of a lot, behind all applicable setback lines, and to the rear or side of the principal structure.
(b) No build/no disturb zones shall remain free of all structures including, but not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools, patios, decks, or other accessory structures, fences, antennae, and basketball courts or other sport courts. All other plat requirements shall be met.
(7) Relationship to principal structure.
(a) Attached and detached accessory structures that exceed 200 square feet shall be coordinated with those of the principal structure on the lot.
(b) Attached accessory structures must conform to all regulations of this chapter applicable to principal structures.
(C) Residential swimming pools.
(1) Permitted types.
(a) Permanent swimming pools. Only below-grade permanent swimming pools are permitted.
(b) Temporary pools. Inflatable or other temporary pools are permitted provided they have a maximum depth of 18 inches and are placed to the side or rear of the primary structure.
(c) Hot tubs. Hot tubs are permitted accessory structures, and may be either below or above grade, provided that they do not exceed 100 square feet in total water surface area, or 4.5 feet in depth or height as measured from finished grade. Hot tubs, which exceed these size and height requirements, shall be considered swimming pools and must be placed below the established grade. Hot tubs shall be secured with a lockable cover or shall be entirely enclosed by a permitted barrier with a self-latching and lockable gate.
(2) Size. Swimming pools shall not be considered detached accessory structures for the purposes of calculating maximum permitted area based on the size of the principal structure or the lot. All principal structures are permitted a swimming pool if yard space, lot coverage, and other related development standards for the pool and deck or patio area are met.
(3) Location and setback. There shall be a minimum separation of ten feet between a swimming pool and the principal structure. Swimming pools shall not be located within the front building setback, forward of any part of the house, or within a required side yard, rear yard, or other restricted area of the lot (e.g., a no-build zone). No swimming pool shall be located, designed, operated, or maintained as to interfere unduly with the enjoyment of the property rights of surrounding property owners. Nuisances shall be pursued according to all applicable city ordinances.
(4) Swimming pool barriers.
(a) Swimming pools located within all zoning districts shall be surrounded by open ornamental swimming pool barriers or a solid swimming pool barrier, provided the solid barrier is no higher than four feet and otherwise complies with the regulations herein and this section.
(b) All openings, doorways and entrances into the pool area shall be equipped with gates of equal height and material with the fence, and shall be provided with latches and permanent locks.
(c) In residential districts, swimming pools that are nonconforming by reason of location and setback may be enclosed by an open ornamental or solid swimming pool barrier, not more than four feet high. Swimming pool barriers may be in addition to any other fencing that may exist on the property. Swimming pool barriers may be located within a required setback area, provided that the barrier is located at least ten feet from any other fence on the property or not farther than ten feet from the edge of the pool.
(5) Accessory equipment. No swimming pool accessory equipment, including but not limited to pumping equipment, filtering equipment, diving boards, or slides shall be located in any required yard. All accessory equipment shall be screened with evergreen landscaping to the maximum height of the unit. The maximum permitted height of a diving board or slide shall be ten feet from the established grade, unless otherwise approved by the Administrative Official.
(6) Permit required. A building permit is required for permanent swimming pools. The following requirements are to be met:
(a) Submission of a scaled plot plan showing all necessary area, lot coverage, setback, and yard requirements.
(b) Pools shall be graded to contain water on property for which a permit is issued and so as not to harm adjacent property.
(c) Electrical wiring and equipment shall comply with the National Electrical Code; an electrical permit for grounding and other electrical equipment is required.
(d) State Health Board approval is required for community pools.
(e) Fees for a residential/private pool shall be assessed as set forth from time to time by ordinance, per permit.
(f) Fees for commercial public pools shall be calculated under § 150.177.
(g) Swimming pool barrier details are required with the submission of a building permit for permanent residential swimming pools. Swimming pool barrier details shall include the type, height, design, open space dimensions, access gates, and any required door alarms in accordance with the Residential Building Code.
(D) Non-residential zoning districts.
(1) Accessory uses and/or structures within non-residential zoning districts shall not exceed 25% of the gross floor area of the principal structure(s) unless otherwise permitted by this chapter.
(2) Required location in non-residential zoning districts or uses. In any zoning district except a residential district, accessory uses or structures shall be on the same lot as the principal use or structure and located subject to the development requirements of the zoning district in which it is located.
(E) Renewable energy equipment - solar.
(1) Purpose. The purpose of this section is to promote sustainable environmental practices and stewardship while balancing the high-quality development standards that defines the character of the community. Promoting renewable energy is an intentional objective of the City of Dublin and these regulations promote the installation of solar energy, among other renewable energy practices, in the most effective method possible. To ensure these installation practices continue to meet our high quality design standards, significant consideration has been given to the location and configuration of solar installation, material choices and installation practices, as well as requirements for proper maintenance. The regulations encourage the location of equipment to the side or rear, but allows equipment to the front when it promotes the greatest efficiency of energy production.
(2) Applicability. Unless otherwise addressed within a PUD, Planned Unit Development District; WID, West Innovation Districts, MUR, Mixed Regional Use Districts; BSD, Bridge Street Districts; or HD, Historic Districts these standards shall apply to all properties within the City of Dublin.
(a) Renewable energy equipment – solar.
1. General provisions.
A. All solar energy equipment shall be installed to conceal frames, flashing, fasteners, hardware, conduit, wires and similar elements.
B. Any solar generating materials that function as a building material shall be reviewed as the building material.
C. All solar energy equipment shall be well-maintained and remain in working order. If not, then all equipment and associated materials shall be removed or replaced.
D. Solar energy equipment shall be a consistent color and minimize gaps within the panels. White or grey grid lines on solar energy equipment are not permitted with the exception of flat roofs in non-residential districts that are screened by § 153.077 (see below division (E)(2)(a)3.). Framing shall also be a color consistent with the solar energy equipment, preferably a black, blue or equivalent color.
2. Ground mounted equipment.
A. Ground-mounted equipment for the collection of solar energy shall only be permitted as an accessory structure, as provided in § 153.074, in non-residential districts and shall not be permitted as a primary or principal use.
B. Ground-mounted equipment for the collection of solar energy shall not be permitted in residential districts including residential Planned Districts, unless otherwise specified.
C. Ground-mounted equipment for non-residential districts shall:
i. Be located to the side or rear of the principal structure and shall have a clearance from the principal structure, the same or larger than the height of the equipment.
ii. Not be permitted forward of a principal structure or along a public right-of-way.
iii. Be sited to minimize view from the public right-of-way and adjacent properties, and shall be in accordance with § 153.133(C).
iv. Meet all required setbacks. The equipment shall not exceed height requirements of the district in which it is located. This shall be measured from established grade to the top of the equipment.
v. Permitted only in areas that are hardscaped such as parking areas or outdoor seating areas. The equipment shall meet all applicable development standards of the Zoning Code including but not limited to lot coverage requirements.
3. Building or roof mounted equipment.
A. Building or roof-mounted equipment shall be permitted to be located to the side or rear of the principal or accessory structure.
B. Building or roof-mounted equipment is permitted to the front of a principal or accessory structure only when it is demonstrated that this location provides the greatest efficiency of energy production. The equipment will meet all of the requirements in division (E)(2)(c)3.E. of this section with two additional requirements including:
i. Be installed in a rectangular shape to avoid complex and nonsymmetrical configurations.
ii. Roof-mounted equipment shall be a color that is similar to the roof color.
For purposes of this section, the “front” of the property is the exterior of the structure that is facing the public or private right-of-way that provides frontage for the property. Any roofline adjacent to this exterior, or attached design elements including dormers, gables or front-loading garages would be subjected to the provisions in division (E)(2)(a)3.B. listed above.
C. Roof-mounted equipment for the collection of solar energy is permitted provided it extends no more than six inches above the plane of the roof and is not adjustable or movable.
D. Roof-mounted equipment for the collection of solar energy shall be integrated into the architectural design of the structure to the extent practicable that the equipment can normally function.
E. For pitched roofs, roof-mounted solar equipment shall:
i. Be mounted parallel to the roof plane,
ii. Limit protrusions,
iii. Not extend above the ridgeline of the roof,
iv. Not extend beyond the edge of the building,
v. Use a single material type,
vi. Be configured and have an assembly profile complementary to the roof line,
vii. Be installed to minimize the number of corners, and
F. For flat roofs, in non-residential districts, roof-mounted solar equipment is permitted and shall be screened in accordance with § 153.077.
4. Review procedures. All applications for renewable energy equipment - solar within residential and nonresidential zoning districts shall require approval by the required reviewing body, prior to the gaining approval of a building permit.
('80 Code, § 1183.05) (Ord. 21-70, passed 7-13-70; Am. Ord. 142-99, passed 2-22-00; Am. Ord. 28-05, passed 6-20-05; Am. Ord. 18-07, passed 4-9-07; Am. Ord. 96-07, passed 1-22-08; Am. Ord. 25-10, passed 8-9-10; Am. Ord. 16-21, passed 4-26-21; Am. Ord. 70-22, passed 6-12-23; Am. Ord. 32-23, passed 9-11-23; Am. Ord. 66-23, passed 12-11-23) Penalty, see § 153.999
(A) Residential development. A tract of land that was of record on the date of adoption of the zoning ordinance shall not be developed with individual sewage treatment or individual water supply without the approval of the Franklin County District Board of Health. Approval shall be with a finding of adequate control of water pollution and sewage disposal in accordance with the Board of Health rules and regulations.
(B) Required lot size. The size of lot or area provided for each dwelling unit shall be of a size or larger than as approved by the Board of Health, but shall be not less than the minimum lot size for the zoning district in which it is located.
('80 Code, § 1183.06) (Ord. 21-70, passed 7-13-70) Penalty, see § 153.999
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