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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Subdivision Regulations
TITLE FIVE - Zoning
CHAPTER 1121 Conformance of Future Land Use and Major Thoroughfare Plans
CHAPTER 1123 General Provisions
CHAPTER 1125 Definitions
CHAPTER 1127 Administration, Enforcement and Penalty
CHAPTER 1131 Use Districts and Zoning Map
CHAPTER 1133 Amendments
CHAPTER 1135 Conditional Uses
CHAPTER 1137 Supplemental District Regulations
CHAPTER 1140 COS Conservation Open Space District
CHAPTER 1142 R-LD Residential-Low Density District
CHAPTER 1144 R-MD Residential-Medium Density District
CHAPTER 1146 R-UD Residential-Urban Density District
CHAPTER 1148 R-TH Residential-Two Household District
CHAPTER 1150 R-MHL Residential-Multi-Household Low Density District
CHAPTER 1152 R-MHH Residential-Multi-Household High Density District
CHAPTER 1154 R-MHP Residential - Manufactured Home Park District
CHAPTER 1156 B-N Business-Neighborhood District
CHAPTER 1158 B-D Business-Downtown District
CHAPTER 1160 B-G Business-General District
CHAPTER 1162 B-AO Business-Automotive Oriented District
CHAPTER 1163 POD Professional Office District
CHAPTER 1164 L-I Light Industrial District
CHAPTER 1166 H-I Heavy Industrial District
CHAPTER 1168 S-I Special Industrial District
CHAPTER 1170 TPD Technology Park District
CHAPTER 1171 Nonconforming Uses
CHAPTER 1173 Off-Premises Outdoor Advertising Signs
CHAPTER 1174 On-Premises Signs
CHAPTER 1175 Off-Street Parking and Loading
CHAPTER 1176 REDEVELOPMENT OVERLAY DISTRICT (RDOD)
CHAPTER 1177 Residential Planned Unit Developments (R-PUD)
CHAPTER 1179 Cluster Development
CHAPTER 1181 Planned Unit Developments
CHAPTER 1183 Design Review
CHAPTER 1184 Submission of Plans
CHAPTER 1186 Cellular Communication Sites
CHAPTER 1187 Sexually Oriented Businesses
CHAPTER 1188 Wind Energy Facility
CHAPTER 1199 Penalties, Remedies and Fees
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1137.14 SCREENING AND BUFFERING.
   Screening or buffering shall be provided for any permitted or conditionally permitted non-residential uses which abut any residential district, in addition to setback and yard requirements provided elsewhere in this Code. The following provisions shall apply with respect to screening.
   A.   Screening shall be provided for one or more of the following purposes:
      1.   A visual barrier to partially or completely obstruct the view of structures or activities.
      2.   An acoustic screen to aid in absorbing or deflecting noise.
      3.   A physical barrier to contain debris and litter.
   B.   Screening may consist of one (1) or a combination of the following materials:
      1.   A solid masonry wall.
      2.   A solidly constructed decorative fence.
      3.   A louvered fence.
      4.   Dense vegetation.
      5.   A landscaped mound.
   C.   Height of screening shall be in accordance with the following:
      1.   Visual screening walls, fences, plants, or mounds shall be a minimum of five and a half (5-1/2) feet in height in order to accomplish the desired screening effect, except in required front yards where the maximum height shall not be greater than four (4) feet. Plantings shall be a minimum of four (4) feet in height at the time of planting. Fencing requirements shall be in accordance with Section 1137.15.
      2.   Dense plants with a minimum height of four (4) feet at planting and a mature height of at least five and a half (5-1/2) feet or greater, or a solidly constructed decorative fence, shall be permanently maintained along the mutual boundary of an accessory parking area and adjacent lands zoned for residential uses, except for the portion of such boundary located within a required front yard.
   D.   Buffering to absorb or deflect noise shall have a depth of at least fifteen (15) feet of dense plants or a solid masonry wall in combination with plants. The height shall be adequate to absorb noise such that a level of sixty-five (65) decibels or less is attained at the property line on the side of the fence opposite the subject property.
   E.   Whenever screening is required adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts or curbing to avoid damage by vehicles.
   F.   All screening shall be trimmed, maintained in good condition and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
   G.   Any screening and buffering required under the provisions of this Code shall be provided at the time of the site improvements by the developer or property owner making the site improvements.
(Ord. 98-176. Passed 8-3-98.)
1137.15 FENCES, WALLS AND HEDGES.
   A.   Definition.
   As used in this chapter, "a fence, wall or a hedge" means a structure or a continuous barrier erected around or by the side of any open space to prevent passage or for protection. A fence or wall may be solid or open and may be constructed of masonry, metal, wood or any other material securely fastened to the ground. A hedge or other natural plant species which has been planted to form a continuous barrier to prevent passage or for protection shall be considered a fence for the purpose of this chapter.
   B.   Commercial and Industrial Fences.
   Wherever in these Codified Ordinances commercial or industrial fences are required, or when such fences are voluntarily installed, the following requirements shall be observed:
      1.   Such fences may be topped with barbed wire placed on a forty-five (45) degree angle-arm away from the side of the fence that fronts a property line, public sidewalk or public right-of-way. A V-type arm carrying barbed wire shall be prohibited along a public sidewalk or public right-of-way.
      2.   Fences enclosing junk yards, as defined in Section 1125.45, shall be a barrier of at least six (6) feet in height, constructed of nontransparent material and maintained to obscure junk and all items from ordinary view of passersby upon State, County, Municipal and Township highways, roads and streets. The fence shall be properly constructed in a workmanlike manner and maintained in good order and repair. No advertising shall be permitted on such fence, other than the name of the person under whose name the facility is operated and the nature of the business conducted therein.
      3.   No fence shall be entirely constructed of barbed wire, be in any way electrified or be topped with broken glass, spikes or other sharp-edged materials.
      4.   No fence, gates, doors and other obstructions shall swing across public sidewalks or a public right-of-way.
      5.   Fences placed around public buildings, parks and playgrounds shall be exempt from the above fence requirements, except that no barbed wire is permitted and that, where a chain link fence is used, the upper remaining link shall be made smooth so as not to cause injury.
      6.   All fences shall be erected to withstand the wind load as specified in the Ohio Basic Building Code, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.
      7.   Commercial and industrial fences shall not exceed eight (8) feet in height.
         a.   Exception 1. A fence used for equipment security or protection or when required to fully screen areas or activities from public view as may be required by Design Review Guidelines, may exceed eight (8) feet in height when approved in advance by the Building Inspector. (Ord. 2021-35. Passed 2-22-21.)
         b.   Exception 2. A fence located in a required front yard shall be not more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area. The open space so formed shall be evenly distributed (i.e.: chain link; picket with 2" board, 2" opening; etc.) (Ord. 98-176. Passed 8-3-98.)
   C.   All Other Fences.
      1.   A front yard fence is a fence which is located within the required front yard. A front yard fence shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area. The open space so formed shall be evenly distributed (i.e.: chain link; picket with 2" board, 2" opening; etc.).
         a.   Exception 1. Fences formed of a natural plant species may be compact throughout.
         b.   Exception 2. If the main dwelling on the property in question or the property on either side of it extends into the required front yard, any fence which is located within the greatest distance from the public right of way to the foundation of the main dwelling on the property in question or on the property on either side of it shall be no more than four (4) in height and shall be open for at least fifty percent (50%) of its projected area.
      2.   Side yard and rear yard fences shall not be higher than six (6) feet.
   Exception: A fence erected on a corner lot in either a side yard or a rear yard that abuts the front yard of any adjacent property shall be no more than four (4) feet in height and shall be open for at least fifty percent (50%) of its projected area.
(Ord. 99-81. Passed 5-3-99.)
      3.   A fence along or near a front property line shall be a minimum of six (6) inches from the property line or shall be a minimum of eighteen (18) inches from any public sidewalk, whichever is greater.
      4.   Fencing shall not be topped with sharp points such as may result in bodily injury and no fencing shall be of barbed wire. If a natural plant species is used as a fence and the plant species used has briars, prickers, thorns or any other foliage which can scratch, injure or harm a person or animal, the owner of such natural plant species used as a fence shall keep it trimmed.
      5.   Retaining walls which measure more than three (3) feet above the lowest grade level they are proposed to serve shall be protected by a fence not less than four (4) feet high, except that such fence need not be more than three (3) feet high when the retaining wall extends beyond the building line.
      6.   All fences shall be erected to withstand the wind load as specified in the Ohio Basic Building Code, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.
      7.   The height of fences shall be measured from a point not to exceed four (4) inches above the finished grade line or natural contour of the ground. Fences shall follow the contour of the ground as far as is practical.
      8.   Where solid fences are erected and where a water drainage situation occurs, such problem shall be disposed of by placing adequate outlets at the bottom of the fence to eliminate possible accumulation of stagnant water and other undesirable conditions.
      9.   Fence gates, doors and other obstructions shall not swing across public sidewalks or a public right-of-way.
   D.   Advertising.
   No advertising or posting of bills shall be allowed on any fence.
   E.   Permits; Fees.
   A permit shall be obtained from the Building Inspector before erecting, constructing, altering, installing or repairing any fence. Before such permit is issued, the applicant shall pay the appropriate fee as provided in Section 109.13 of the Administrative Code.
(Ord. 98-176. Passed 8-3-98.)
1137.16 OUTDOOR BULK STORAGE OR DISPLAY.
   The following regulations shall apply to outdoor bulk storage or display:
   The outdoor storage or display of bulk goods, including seasonal items such as firewood and mulch, shall be regulated by the following standards:
   A.   The outdoor storage or display of merchandise, inventory or materials shall not interfere with parking or the safe and unobstructed use of vehicular or pedestrian access ways or walkways.
   B.   The outdoor storage or display of merchandise, inventory or materials shall not be located in any required front yard area.
   C.   The outdoor storage or display of merchandise, inventory or materials shall not include the use of banners, pennants or strings of pennants.
   D.   Outdoor storage areas shall be fully screened with an opaque fence or wall not to exceed six (6) feet in height.
(Ord. 98-176. Passed 8-3-98.)
1137.17 DUMPSTERS AND TRASH COLLECTION AREAS.
   The following requirements shall apply to all dumpsters, trash collection areas and related service entrances:
   A.   Setbacks.
   Each dumpster, trash collection area and related screening shall be located in compliance with the same minimum setbacks as an accessory structure as determined by the zoning district in which such structure is located.
   B.   Screening.
   Any dumpster or trash collection area shall be enclosed by a solid or decorative wall or solid fence of at least seven (7) feet high to completely enclose the containers from the top to the bottom if such area is not within an enclosed building or structure. Such solid wall or fence shall be situated so as to screen the view of the collection area from adjacent streets and property. Gates shall be provided at the enclosures open side and be constructed of solid material.
(Ord. 98-176. Passed 8-3-98.)
   C.   Surface.
   Any dumpster or trash collection area in a zoning district requiring paved parking or driveway areas shall be located wholly on a paved surface, including any access leading to such area, such that vehicles entering and exiting the area to dispose of refuse or empty the refuse containers will not damage the accessway.
(Ord. 2000-255. Passed 12-18-00.)
   D.   Amortization of Dumpsters and Trash Collection Areas.
   Any existing dumpster, trash collection area and related service entrances located in a residential district shall fully conform to the provisions of this chapter within one (1) year from the date of adoption of this Zoning Code.
(Ord. 98-176. Passed 8-3-98; Ord. 2010-158. Passed 11-15-10.)