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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.)
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.)
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.)
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.)
(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.)
(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.)
(a) Commercial Parking Areas.
(1) Shielding. All outdoor lighting must be directed toward and confined to the ground areas. Full cut-off fixtures must be used to prevent light from projecting above a ninety (90) degree horizontal plane. See Figure 14.
(2) Light Trespass Limits. Exterior lighting sources must be designed, constructed, located, and maintained in a manner that diminates light trespass onto neighboring properties. The light trespass from a property must not exceed 0.0-foot candles at the property line, measured at grade.
(3) Up-lighting. All up-lighting used for the external illumination of buildings must be placed and shielded so as to not interfere with the vision of persons off the property.
(c) Prohibited Lighting.
(1) Flashing or Moving Lights. All illumination of outdoor features of a flashing, moving, or intermittent type are prohibited.
(2) Recreational Facility Lighting. No outdoor recreational facility, public or private, will be illuminated after 11:00 p.m., except to conclude a permitted recreational or sporting event or other activity already in progress prior to 11:00 p.m.
(3) Laser Source Light. The use of laser source light or any similar intensity light for outdoor advertising or entertainment is prohibited.
(4) Searchlights. The operation of searchlights for advertising purposes is prohibited.
(5) Lighting for Advertising. The use of lighting for advertising and/or conspicuous purposes is prohibited, except where such lighting is approved by the Community Development Department, as part of a sign, and in compliance with all the requirements of this Zoning Code.
(Ord. 2023-051. Passed 8-16-23.)
(d) Exempt Lighting. The following exterior lighting fixtures and systems are exempt from the regulations of this section. The Community Development Director is authorized to enforce standards to minimize glare, reduce light pollution, and otherwise protect the health, safety, and welfare of the public.
(1) Light fixtures placed by a governmental agency in the public right-of-way;
(2) Decorative holiday lighting;
(3) Pedestrian walkway lighting;
(4) Temporary festival and civic lighting;
(5) Temporary construction or emergency lighting;
(6) Instances where federal, state, or local laws, rules, or regulations take precedence over the provisions of this section.
(Ord. 2021-057. Passed 6-16-21.)
(a) Roof-Mounted and Wall-Mounted Solar Energy Systems: Roof-mounted and wall-mounted solar energy systems for on-site use are permitted accessory structures in all zoning districts, subject to the following regulations:
(1) Wall-mounted systems must not exceed the dimensions of the exterior wall.
(2) Height. Roof-mounted systems must not extend more than three (3) feet above the roofline nor extend above the maximum permitted height of the building to which it is attached.
(3) Location.
A. Roof-mounted solar energy systems may be located anywhere on a roof of a principle or accessory structure, or protrude beyond the edge of the roof.
B. Wall-mounted solar energy systems may be located anywhere on the wall of a principle or accessory structure.
(b) Ground-Mounted Solar Energy Systems (10 kW or less). Ground mounted and freestanding solar energy systems of 10kW or less for the on-site use are permitted accessory structures in all zoning districts, subject to the following regulations:
(1) Location and Setbacks. Solar energy systems must be located in the rear of the principle building. Solar energy systems must also meet the minimum setbacks of the zoning district.
(2) Height. The height of the solar energy system and any mounting equipment must not exceed twenty (20) feet in a residential zoning district or thirty-five (35) feet in a commercial or industrial zoning district, when oriented at maximum tilt or the height of the screening, whichever is less.
(3) Screening. Evergreen landscaping must be provided to screen the racking (i.e., the framing below the panels) from view on all sides.
(4) Power Lines. All power lines between solar panels and inverters must be placed underground.
(c) Removal. If a solar energy system ceases to perform its intended function (generating electricity) for more than six (6) consecutive months, the operator must remove the collectors, mounts, and associated equipment and facilities no later than ninety (90) days after the end of the six (6) month period. Where the removal has not been completed as required above, it is violation of this Code and is subject to a civil offense in accordance with Kent Codified Ordinance (KCO) 501.13, as amended.
(d) Utility Connection. The applicant must submit evidence that the utility company has been informed of the customer's purpose to install an interconnected, customer-owned solar energy system and that such connection has been approved. Off-grid systems are exempt from this requirement. (Ord. 2021-057. Passed 6-16-21.)
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