(a) Home occupations. A person may maintain an office or customary home occupation in the dwelling occupied by him or her provided the use:
(1) Does not involve any construction, extension or modification of structures or premises which alter their outward appearance;
(2) Does not occupy an area more than 25 percent of the area of the dwelling;
(3) Is not injurious, dangerous, offensive or detrimental to health, safety or comfort of neighboring residents by reason of odor, dust, smoke, gas, noise, fumes, flames, vibrations or other outward manifestations;
(4) No persons other than the residents of such property are employed thereon; and
(5) Does not attract a greater number of vehicles than can be parked in the driveway.
(b) Accessory buildings. For residential lots of two acres or less, the total ground floor area of all accessory buildings shall not exceed 600 square feet or two percent of the area of the lot, whichever is greater.
(c) Swimming pools. A private swimming pool shall be located behind the building line of the principal structure and shall conform to the appropriate side line setback required in the district where such pool is located. The area of the pool shall not exceed five percent of the area of the lot.
(1) Each owner or lessee of an outdoor swimming pool below ground, or above ground and less than three feet high, shall completely fence such pool with a fence not less than four feet high and designed so as to deter access over, under or through such fence. All above-ground pools three or more feet high shall either be attended or the access thereto secured by removing the ladders or otherwise. All gates or entrances, except those leading from a building, shall be securely locked when not attended by the owner or some other responsible person.
(2) Provisions shall be made for the drainage of a swimming pool into a public storm sewer where possible, unless there is a ditch or natural watercourse of sufficient size and gradient adjacent to the pool location to carry off the water satisfactorily, in which case drainage may be into such ditch or watercourse. Except as provided in this subsection, no person shall drain or allow a pool to be drained directly or indirectly onto adjoining property.
(d) Off-street parking in residential districts. The parking of commercial vehicles on private property in residential districts shall be subject to the following regulations:
(1) "Commercial vehicle" as used in this section means:
A. Any vehicle that has license plates attached thereto with the designation of "truck" or "commercial" thereon.
B. Any vehicle that is not a passenger car vehicle as defined by R.C. § 4501.01(E).
(2) The parking of commercial vehicles on private property zoned for residential use only for the purpose of performing the associated commercial activities thereon shall be limited to the minimum time period required in the usual course of business for making of such delivery or completion of such services contracted for by the residence owner.
(3) Only two commercial vehicles, as defined in this section, may be parked outside overnight per residence and shall not be parked for more than 72 consecutive hours unmoved. Such vehicles must be parked on an improved surface pursuant to § 1288.10, and in compliance with division (d)(5)A. and B. below, but any such vehicle must not be parked within the right-of-way.
(4) In addition to the above restrictions, there shall be no parking, except as permitted in division (d)(2) above, of the following vehicle types:
A. Tractor or semi-tractor trailer trucks;
B. Busses with a dual set of rear wheels;
C. Any vehicle transporting hazardous or flammable materials beyond what would be normally required to propel that type of vehicle.
(5) Contractor's equipment, including but not limited to, tractors, front end-loaders, backhoes, and other self-propelled or towed equipment which is associated with commercial, construction or contractor type activities; shall not be parked or stored for more than 72 consecutive hours on the said residential premises unless the following occurs:
A. Vehicles, referred to in division (d)(3) above and equipment referred to in division (d)(5) above may be temporarily parked or stored only behind the front most edge of the home, and the parking area in a residential district, shall be screened from view from other residential properties in the immediate neighborhood whether adjoining or contiguous thereto, by the means of landscaping or ornamental walls or fences to promote harmony with the neighboring residential property development. The type of a screening shall consist of one or any combination of those means that are described specifically in § 1288.11(b)(1) through (b)(6).
B. No access driveways shall be permitted in or through any residential area to gain ingress or egress to land or buildings in a nonresidential district.
(g) Recreational equipment. For purposes of this section, recreational equipment includes travel trailer, recreational vehicle (RV), camper, trailer, boat and boat trailer, all-terrain vehicle, motor home and tent trailer.
Any owner of recreational equipment may park or store such equipment not in excess of 36 feet overall length, eight feet in width and 11 feet in height, such height being measured from ground level, only on property where he or she is living in accordance with the following conditions:
(1) Under no circumstances shall any recreational equipment have fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall such equipment be used at any time, while parked or stored on any residential lot within the city, for living, overnight sleeping, storage or housekeeping purpose.
(2) All recreational equipment shall be stored or parked as far from side and rear lot lines as practicable, and in no case less than is required in § 1268.15, nor in front of the extension of the side foundation line on a corner lot of the side closest to the side street or in accordance with the requirement of § 1268.15, whichever is greater.
(3) All recreational equipment shall be kept in good repair and carry a current year's license plate and registration where required by law.
(4) No person shall make or cause to be made major repairs, alterations or conversions of recreational equipment unless such repair, alteration or conversion is done in a completely enclosed garage. Repairs of a major type are herein defined to include, but are not limited to, spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removing of engine cylinder head or crankcase pan or removing the motor and conversion of any other type of motor. The conversion of any vehicle is expressly prohibited.
(5) No materials of any nature may be stored beneath such recreational vehicle.
(6) When such vehicle is parked or stored outside of a garage in such approved or permitted location, the wheels shall be left on such vehicle or vehicle conveyance so that it may be moved in case of an emergency.
(7) No recreational vehicle shall be parked or stored unless it is titled to, leased or used exclusively by the owner or one of the permanent occupants of the residence where the recreational vehicle is located.
(8) Temporary outside parking of such recreational equipment shall be permitted in the front yard and/or side yard for a period not to exceed a total of 72 hours in any consecutive 21 day period.
(h) Raising of domestic animals. The raising and keeping of domestic animals is permitted in Residential Districts as regulated by other ordinances of the city.
(i) The selling of used or previously owned motor vehicles is permitted but subject to the following restrictions:
(1) No more than two vehicles may be displayed for sale, on any residential premises, within any 12-month period of time. Notwithstanding the foregoing, no more than one vehicle at a time may be displayed for sale on the premises.
(2) A single vehicle for sale may be displayed for a maximum of 21 days per calendar year.
(3) Any vehicle for sale shall be properly licensed and operable. Any display of a vehicle for sale shall be located outside of the legal right-of-way and may be located on an improved parking surface or on a portion of the front yard.
(4) No person shall display for sale any vehicle without first obtaining a permit therefor from the Mayor or his designee. The application for a "sale of vehicle permit" shall contain the following information:
A. The name, address and telephone number of the applicant and the owner of the vehicle if the applicant is not the owner;
B. Address where vehicle is to be displayed for sale;
C. The vehicle identification number, make, model and year of the vehicle;
D. Estimated value of the vehicle; and
E. A non-refundable fee as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances shall be submitted with each application.
(j) Gardens. Fruits, vegetables, flowers and nursery plants raised on the premises for private use or for sale are permitted, provided that no permanent structure is erected for the sale or display of such produce or plants.
(k) Child care. Day care may be provided for up to six children between the hours of 6:00 a.m. to 7:00 p.m. only if such service is provided solely by the resident of the premises.
(l) Lighting, sound systems. Flood lights, loudspeakers or similar structures that will cause hazards or annoyance to the public generally or to the occupants of adjacent properties shall not be erected or used in Residential Districts. Exterior lighting shall be designed as provided in Chapter 1296.
(Ord. 10-O-35, passed 7-12-2010; Am. Ord. 11-O-38, passed 7-11-2011; Am. Ord. 17-O-20, passed 7-3-2017; Am. Ord. 17-O-36, passed 7-9-2018)