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Codified Ordinances of Kent, OH
Codified Ordinances
CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF KENT
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - PROPERTY MAINTENANCE AND HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1106.10 SUBORDINATE BUILDINGS AND SUBORDINATE STRUTURES.
   A subordinate building or structure may be erected upon a lot on which a principal structure already exists. The use of the subordinate building or structure must be secondary and incidental to the principal use. A subordinate building or structure cannot exist without a principal building on the same lot.
   (a)   Subordinate Buildings or Structures: Subordinate buildings or structures must not be located closer than fifteen (15) feet to the principal building and not less than ten (10) feet from the side and rear property lines. Subject to the following:
      (1)   One or more accessory buildings must not occupy more than thirty (30) percent of a required rear yard.
      (2)   Accessory buildings must not be located in front of the primary structure.
      (3)   Detached accessory buildings in residential zoning districts must not exceed fifteen (15) feet in height.
      (4)   In all other zoning districts, the maximum height must not exceed the principle building height.
   (b)   Substandard Lot Exception: On any substandard lot as defined in Section 1106.06(a) of this Code, accessory buildings must:
      (1)   Not be located closer than ten (10) feet to the main building.
      (2)   Not less than five (5) feet from the side and rear property lines.
      (3)   One or more accessory buildings must not occupy more than fifty (50) percent of a required rear yard.
      (4)   Accessory buildings must not be located in front of the primary structure.
      (5)   Detached accessory buildings in residential zoning districts must not exceed fifteen (15) feet in height.
         (Ord. 2024-103. Passed 10-16-24.)
1106.11 OUTDOOR SWIMMING POOLS.
   Public or private in-ground or above ground swimming, wading or other pools capable of a water depth of more than twenty-four (24) inches are considered structures for the purpose of permits. The following restrictions apply to such structures as defined above:
   (a)   Such structure must not be located within a front or side yard area.
   (b)   Such structure must not be located closer than fifteen (15) feet to any side or rear property line.
   (c)   Every such structure must be completely enclosed by a fence or other permanent barrier not less than four (4) feet in height, measured from the ground, and compliant with the Ohio Building Code, as amended. Such fence will not have poles, openings or gaps larger than four (4) inches in any dimension. All fence access doors and gates must be equipped with working locking devices so as to prevent unauthorized intrusion.
   (d)   A pool access gate(s) must open outward from the pool, must be self-closing and have a self-latching device equipped to accommodate a locking device.
   (e)   Any above ground pools that is four (4) feet or more above surface grade with a removable ladder or which has a lockable barrier around the ladder or access stairs, is exempt from the permanent barrier requirement in Section 1101.01(c). Non-removal ladders must have a barrier around the ladder and have a self-latching device equipped to accommodate a locking device.
      (Ord. 2022-099. Passed 9-21-22.)
1106.12 FENCES AND WALLS.
   Fences and walls are permitted in a yard or along the edge of any yard provided:
   (a)   Fences and walls. No fence or wall in a front yard area exceeds four (4) feet in height in front of the primary structure.
      (1)    Fences or walls extending along any side or rear property lines must not exceed a height of six (6) feet above the grade.
      (2)    Shrubs and other landscape features may be higher than six (6) feet along any side, rear or front property line, but any such plantings must be well maintained, not extend into the right-of-way, and must not be hazardous or disturbing to existing or future abutting uses.
      (3)    All fences, walls, and barriers (collectively referred to as a fence) of any nature or description must conform to the following:
   (b)   Permit and Approving Authority. The erection, construction or alteration of any fence or wall requires a permit and must be approved by the Zoning Inspector for compliance with the provisions of this Code.
      (1)    The Community Development Director may in his/her sole discretion, determine what qualifies as fencing and/or waive the permit fee. Factors to be considered prior to waiving the permit fee include, but are not limited to:
         A.   The fence is designed to delineate the location of a driveway;
         B.   The fence is a single panel primarily designed for privacy;
         C.   The replacement or repair of an existing fence with one of similar size and material;
         D.   The fence is primarily designed to provide screening for garbage containers, recycling containers, or a rainwater collection system;
         E.   Any other factor deemed relevant by the Community Development Director;
         F.   A vegetative fence, such as arborvitae or a row of pine trees, does not require a permit.
   (c)   Clear Vision Triangle Area. Walls, fences, and informal plantings must be in compliance with Section 1106.09.
   (d)   Maintenance. Walls and fences must be maintained in good condition. Rotten, crumbled, or broken material or compound must be replaced, repaired, or removed.
   (e)   Orientation of Finished Side. Any solid fence must be installed so that the finished side presents (faces) the abutting property(s) and/or road right-of-way. Finished side is defined as the side without any visible supports and/or brackets.
   (f)   Security Fencing. Unless explicitly permitted elsewhere in this Code, barbed wire, spikes, nails, or any other sharp instrument of any kind are prohibited on top of or on the sides of any fence, except that barbed wire cradler may be placed on top of fences enclosing public utility buildings or equipment in any district. Electric fences and similar energized fences that could cause injury are prohibited, except that low voltage fences are permitted on a commercial farm that meets all of the requirements of the Ohio Right to Farm Law. This Section does not apply to underground invisible fences designed for household pets. The Planning Commission may permit barbed wire, spikes, nails, or any other sharp instrument on top of or on the sides of a fence in the I-R, and I Districts, provided the Planning Commission determines that the barbed wire, spikes, nails, or other sharp instrument is necessary for the safety and security of the site.
   (g)   Maximum Height. No fence or wall hereafter erected may be in excess of six (6) feet in height above the grade of the surrounding land, except that the Planning Commission may approve a height of up to eight (8) feet if the Planning Commission determines that a higher fence is necessary for the safety and security of the site based on the use of the site or any use of an adjoining site.
   (h)   Fence Material and Design. A fence must be constructed of a material or compound customarily manufactured for such a purpose, including, but not limited to pressure treated wood, vinyl, galvanized and/or coated chain link, or ornamental metal. The use of scrap lumber, plywood, snow fence, chicken wire, wood pallet, plastic material less than 1 ", tarp, or other unapproved material is prohibited.
      (Ord. 2022-099. Passed 9-21-22.)
1106.13 BUSINESS DISPLAYS.
   In all commercial districts, all businesses, services and merchandise displays must be conducted within a completely enclosed building except as otherwise provided in this Zoning Code. (Ord. 2021-057. Passed 6-16-21.)
1106.14 SATELLITE SIGNAL RECEPTION DEVICES.
   Satellite Signal Reception Devices (SSRD) are accessory uses to the principal use. The following restrictions apply to these structures:
   (a)   No SSRD will be permitted in any front or side yard.
   (b)   An SSRD placed in any rear yard must be a minimum of five (5) feet from any side or rear property line.
   (c)   The permitted maximum height of an SSRD must be as follows:
      (1)   In residential zoning districts the maximum height of an SSRD must not exceed fifteen (15) feet from grade to top of structure for ground mounted units; and the maximum height permitted in the district regulations for roof mounted units.
      (2)   In all other districts, the maximum height of an SSRD must be that as required by the individual zoning districts.
         (Ord. 2021-057. Passed 6-16-21.)
1106.15 TEMPORARY STRUCTURES.
   (a)   Temporary structures must be removed within fourteen (14) days.
   (b)   No temporary structure can be erected for more than fourteen (14) days in a ninety (90)-day period.
   (c)   The applicant may obtain a permit from the Community Development Director to exceed the 14-day limit. The Director's decision will be based upon the temporary structure's impact upon the community and concerns regarding any potential safety hazards.
   (d)   A temporary structure (such as a tent or canopy) erected in the back yard of a residence that complies with all required setbacks and is not being used for any business purpose is not subject to the fourteen (14) day time limits.
   (e)   In addition, at the discretion of the Building Official, any structure in place for more than sixty (60) days, regardless of whether such structure is legal, may be deemed a permanent structure, subject to all the rules and requirements of a permanent structure, including a site plan and permits.
   (f)   Temporary structures for use incidental to construction work may be erected in any of the zoning districts. Such temporary building or buildings must be removed upon completion or abandonment of the construction work.
(Ord. 2021-057. Passed 6-16-21.)
1106.16 RECREATIONAL VEHICLE STORAGE.
   (a)   Residents of the City may store their own recreational vehicles on their own property for an indefinite period of time, provided the vehicles are in operable condition, has a valid registration, and are not stored within any required front or side yard setback or within five (5) feet of another side lot line within the side yard area. Storage of a recreational vehicle on a front or side yard setback, easement, or public right-of-way is prohibited. Additionally, if stored within a condominium development, the recreational vehicle must be stored on a hard surface (e.g., concrete, asphalt, or brick pavers).
   (b)   A recreational vehicle parked or stored on a residential lot must not be connected to sanitary facilities and cannot be occupied.
(Ord. 2021-057. Passed 6-16-21.)
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