(A) Health Department approval required. Due to unique soil conditions and in order to protect the health and safety of area residents, all applicants for a zoning permit involving structures with sewer facilities, must show evidence that an application to the Erie County Health Department, or Ohio EPA (as the case may be in terms of jurisdiction) has been made for a sewage disposal system approval. Prior to the issuance of a zoning permit, satisfactory evidence that a proposed sewage disposal system has been approved by the Ohio EPA, or Erie County Health Department, must be shown.
(B) Minimum lot sizes. Unless otherwise specified within a particular zoning district, the minimum lot area shall be 15,000 square feet and the minimum lot width at the minimum setback line shall not be less than 100 feet.
(C) Additional yard and buffering requirements.
(1) Yard requirements and buffering between residential and commercial or park and recreational land uses. To secure a desirable transition between residential and commercial land uses, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned General Commercial (C-2), or Park and Recreational (PR), and which abut a residential or agricultural zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 100 feet. For parcels of land which are zoned Central Business (C-1), and which abut a residential or agricultural zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 25 feet. These side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs which will have a minimum height of 4½ feet and will provide an opacity of 100% in the summer and 50% in the winter within three years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
(2) Other yard requirements and buffering requirements. To secure a desirable transition between residential and land uses permitted in Industrial or Quarrying Zoning Districts, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned Industrial or Quarrying (I or Q), and which abut a residential zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 100 feet. These side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs which will have a minimum height of 4½ feet and will provide an opacity of 100% in the summer and 50% in the winter within three years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
(3) Adjustments to front yard requirements. Whenever 50% or more of the lots along any one street or the lake shore have been developed prior to the adoption of Ord. 1996-O-2, the minimum front yard requirement may be reduced to an average setback for all structures located along the subject street or the lake shore within a distance of 400 feet on either side of the property in question. The structure shall be placed perpendicular to the lot lines or in a manner that is harmonious to the adjoining structures within 400 feet on either side of the subject property.
(4) Adjustments to side yard requirements for corner lots. Regardless of side setback line requirements and minimum side yard requirements set forth in other parts of this code, when a lot is located on a corner of intersecting streets, rights-of-way, or a street and the lake shore, all yards abutting a street or right-of-way shall be considered to be a front yard, and shall be required to have front yard setbacks and front yard requirements for all such yards abutting a street or right-of-way. In the event a street intersects the lake shore, the yards facing the street and the yard facing the lake shore shall be deemed to be a front yard. In any event, the remaining yards shall be deemed to be side yards and shall meet the minimum side yard setbacks.
(5) Visibility at intersections. On any corner lot in the village, no building, structure, object, fence or landscaping of any nature, except utility poles and traffic control devices, shall be erected, placed, planted or allowed to grow in such a manner as to impede vision three feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.
(6) Fences, walls and hedges.
(a) Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over 4½ feet in height.
(b) In the Agricultural, Park and Recreation, and all of the Residential Zoning Districts, no fence shall be in excess of 6½ feet in height as measured from the finished grade of the lot in the rear and side yards. In the Park and Recreation and all of the Residential Zoning Districts, where a property line adjoins any Commercial, Manufacturing or Quarry Zoning District, no fence shall be in excess of eight feet in height as measured from the finished grade of the lot in the rear and side yards along that adjoining property line.
(c) Permits for garden fences that meet the definition set forth in this chapter may be issued for garden fences in excess of 6½ feet in height.
(d) Storage of materials of any sort, or the placement of buildings along the lot line does not constitute either a fence or a wall. In addition, the storage of junk, defined in § 152.004, along the lot line does not constitute either a fence or wall, and the storage thereof is expressly prohibited herein.
(e) In all Commercial and Manufacturing Zoning Districts and the Quarry Zoning District, no rear or side yard fence shall exceed eight feet in height.
(f) Residents are strongly encouraged to speak with neighbors regarding plans to build a fence prior to submitting an application for a zoning permit and shall place the finished side of the fence towards the neighboring property.
(7) Private swimming pools. No swimming pool shall be allowed in any Agricultural or Residential District except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended for the use of the occupants of the property on which the pool is located;
(b) The pool and accessory structures such as walks, paved areas, and fences shall not be located closer than 15 feet to any property line and shall be a minimum of ten feet from the principal building; and
(c) The swimming pool, or the entire property on which it is located shall be so walled or fenced so as to prevent uncontrolled access from the street or adjacent properties. Said fence or wall shall not be less than four feet in height and maintained in good condition, with a gate and lock. Such walls or fences are similarly required regardless of whether the pool is an above ground pool.
(8) Outdoor lighting. Outdoor lighting, when used for security, landscaping, or signage shall be so designed and directed so as not to adversely impact adjacent property.
(9) Accessory structures.
(a) Accessory structures (when not attached to a principal structure) shall not be located within ten feet of any property line. Additional setback requirements can be located in each zoning district and in § 152.010(C)(1) and (2).
(b) Accessory structures (when not attached to a principal structure) may not be located in an area that would place it closer to the street than the principal structure, except where the accessory structure is to be located on a lot that has more than 50 feet of frontage adjacent to Lake Erie.
(c) Where an accessory structure is attached to a principal structure in a substantial manner, such as a room having walls, permanent floor, and a roof, such accessory structure shall be considered part of the principal structure providing all the required setbacks can be met.
(d) Additional requirements for accessory structures located within the shoreline zoning district are located in §§ 152.130, et seq. The permit fee for these types of structures shall be established by Council from time to time.
(e) Accessory structures are not considered dwellings and the change from an accessory structure to living area requires a change of use permit. Accessory structures shall not be converted into living areas unless a change of use permit is obtained. In addition, an applicant proposing to change an accessory structure into living area must also obtain and provide to the zoning inspector an approval from the Erie County General Health District relative to the approval of the onsite sewage disposal system.
(10) Decks, landings and walkways. Decks, landings and walkways less than 80 square feet shall be subject to the permit provisions of §§ 152.060 through 152.067 of this chapter, and shall be subject to the basic fee for said permit. Any and all decks, landings and walkways in excess of 80 square feet shall be charged the basic permit fee plus the per foot fee as established from time to time by Council. This provision does not apply to walks or driveways on grade.
(11) No person shall develop more than 25% of the surface area of any building lot as follows: no more than 10% of a building lot shall be utilized for the principal residence, no more than 10% of the building lot shall be utilized for any outbuilding, including decks, and no more than 5% of any building lot shall be paved.
(D) Building on the lake shore. That area of land which begins at the mean low water edge and whose opposite boundary is the road right-of-way closest to the lake, shall not be used for the building of any structure which would obscure the view of the lake. If the depth of the area is such so as to permit the erection of a structure so that the highest point, chimney included, would not exceed four feet above the level of the road, such a structure, or boat house, may be erected, subject however, to the approval of the Planning Commission. The structure must be set back 3 feet from the road right-of-way, or the road surface, on the lake side of the road only. Planting of shade trees, properly trimmed and spaced are not forbidden, providing it has the approval of the Planning Commission.
(E) Building on the shore line of Lake Erie surrounding Kelleys Island where Lake Shore Drive has not been extended or where there is no road at present. Before an application for the building of a structure may be made, complete plans and survey of the property must be submitted for the approval of the Planning Commission. The setback from the high water mark will be at a minimum of 125 feet with the following exception: a structure may be built within the 125-feet setback of the high water mark if any point of the structure or outbuilding is a minimum of 125 feet from any side yard lot line.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1993-O-30, passed 10-21-93; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1997-O-3, passed 1-11-97; Am. Ord. 1998-O-4, passed 1-10-98; Am. Ord. 2001-O-20, passed 5-24-01; Am. Ord. 2001-O-35, passed 7-12-01; Am. Ord. 2001-O-58, passed 11-8-01; Am. Ord. 2005-O-30, passed 12-10-05; Am. Ord. 2006-O-13, passed 7-13-06)