(a) General Standards for All Accessory Uses and Structures. All accessory uses and accessory structures shall:
(1) Directly serve the principal use or structure;
(2) Be clearly incidental and subordinate to the principal use and structure;
(3) Be owned or operated by the same person or business as the principal use or structure;
(4) Be located on the same lot or parcel as the principal use or structure;
(5) Be located in the rear yard unless specific additional requirements permit other yards;
(6) When considered in conjunction with the principal use or structure, the accessory use or structure shall not violate any provisions of this Zoning Code;
(7) No accessory building, structure or use shall be constructed or established prior to the start of construction of the principal building or use to which it is accessory;
(8) When determining the accessory use yard coverage ratio, the building footprint or the area within the perimeter of a non-structural accessory use (i.e. swimming pool and concrete deck area) shall be utilized in the calculation; and
(9) Accessory buildings shall conform to all applicable architectural design guidelines set forth in the respective zoning district for which the building is located.
(b) Residential Accessory Use Standards. Accessory buildings and structures located in a residential zoning district shall be located on the same parcel for which the principal structure is found and shall be in compliance with the following requirements:
(1) The footprint area of all accessory buildings and other qualifying accessory uses shall not occupy more than twenty-five percent (25%) of the total rear yard area.
(2) Accessory building and structure area standards. The following schedule sets forth the maximum (footprint) area permitted for a residential accessory building or structure:
Lot Size (sq. ft.) | Building / Structure Maximum (footprint) Area |
Lot Size (sq. ft.) | Building / Structure Maximum (footprint) Area |
0 - 10,000 | 150 sq. ft. |
10,001 - 15,000 | 170 sq. ft |
15,001 - 20,000 | 200 sq. ft. |
20,001 - 25,000 | 220 sq. ft. |
25,001 - 30,000 | 250 sq. ft. |
30,001 - 35,000 | 280 sq. ft. |
35,001 - 40,000 | 300 sq. ft. |
40,001 - 50,000 | 350 sq. ft. |
50,001 - 87,120 | 400 sq. ft. |
87,121 - 130,680 | 550 sq. ft. |
130,681 - Larger | 700 sq. ft. |
(3) Residential accessory use height standards. The height of an accessory building or structure shall conform to the following standards:
A. In all residential districts, an accessory building or structure containing less than 400 square feet of total accessory use “footprint” area shall not exceed a height of twelve feet.
B. In all residential districts, an accessory building or structure containing 400 square feet or more of total accessory use “footprint” area shall not exceed a total height of fifteen feet.
(4) The measurement of the height of an accessory building or structure affixed to the ground shall be measured from the lowest ground level to the highest point of the structure.
Accessory Structure Height Measurement Illustration
Illustration identifying the method for measuring the height of an accessory structure or building.
(5) No more than one enclosed and one unenclosed accessory use, buildings or structures shall be permitted per lot. A detached garage used for vehicle storage shall not count toward the accessory structure limit. The land uses identified in Section 1141.03 shall be exempt from this requirement.
(6) An unenclosed accessory structure may be located in a rear yard, but not less than five feet from a rear or side lot line.
(7) An accessory building or structure shall not be located closer than five feet to any property line.
Residential Accessory Use Yard Location on a Corner Lot
Illustration identifying residential accessory use setback measurement.
(8) An accessory building, structure or detached private garage shall be located at least twenty feet from the main building, at least twenty feet from any dwelling on an adjacent residential lot, and at least ten feet from another accessory building.
(9) In all residential districts, the roof overhang of an accessory building shall not exceed two feet. An overhang shall be defined as: “The portion of roof that extends past the outside wall of the structure.”
(10) Shed style roof designs are prohibited for all accessory structures.
Residential Accessory Use Prohibited Roof Examples
Photos illustrating examples of prohibited shed style roofs for accessory buildings and structures.
(11) Animal related accessory use standards. The regulations for the keeping and treatment of animals within the City is set forth in City Codified Chapter 618
.
A. Fowl, rabbits or fur-bearing animals may be raised or kept for an owner’s use on a lot at least 20,000 square feet in area if the structure containing such use is located at least fifty feet from all adjoining residential lot lines and at least 150 feet from any residence.
B. For the keeping and raising of one horse, one pony, one cow, one steer or one sheep, the real property upon which such animal is to be raised or kept shall have a minimum size of one acre.
C. For the keeping or raising of more than one horse, one pony, one cow, one steer or one sheep, the real property upon which such horses, ponies, cows, steers or sheep are to be raised or kept shall have a minimum size of one acre for each horse, pony, cow, steer or sheep to be kept or raised. However, not more than five of any or all of such animals shall be kept on any one parcel of real estate.
D. The keeping or raising of any horse, pony, cow, steer or sheep upon property not owned by the owner of such animal shall require the written consent of the owner of such property.
1. A stable is required for the keeping, lodging or feeding of horses, ponies, cows, steers or sheep, and such stable shall be located at least 150 feet from any residential structure.
2. No area of a lot shall be used for the keeping or grazing of any horse, pony, cow, steer or sheep within 150 feet from any adjoining residential dwelling.
E. Prohibited animals. Refer to the City of Middleburg Heights Codified Ordinances Chapter 618
for a list of prohibited animals that may be kept or raised within the City.
F. Bee keeping. The keeping or harboring of bees, including but not limited to honey bees and bumble bees, shall be limited to a maximum of two hives on a minimum lot size of 11,000 square feet, and no more than four hives on a one-half acre lot, in a residential zone only.
1. For purposes of this division only, “lot size” shall include sidewalk areas, tree lawns or any other areas behind the street curb-line within the public right-of-way which fronts upon the property, which shall harbor the bees.
2. A beehive must be kept a minimum of twenty-five feet from property lines, and the bees’ flight pattern must be directed away from a neighbor’s entrances and lines of traffic.
(c) Non-Residential Accessory Use Yard Standards. Accessory buildings and structures located in any non-residential zoning district shall be located on the same parcel for which the principal structure is found and shall be in compliance with the following requirements:
(1) An accessory use may not exceed fifteen feet in height.
(2) An accessory building or structure shall not be located closer than ten feet to a rear or side lot line when abutting any residential use or residential zoning district. When an accessory use abuts a non-residential use or zoning district, an accessory building or structure shall not be located closer than ten feet to any property line.
(3) In all non-residential districts, mechanical equipment placed on an accessory building roof or other accessory structure, which exceeds the maximum accessory building or accessory structure height set forth in this chapter may be allowed, provided that such mechanical equipment or structure is:
A. Set back a minimum of fifteen feet from any exterior wall;
B. Not greater than fifteen feet in height;
C. Adequately screened from public view; and
D. Approved by the Planning Commission as to its location and its screening methods.
(4) A detached accessory building shall not encroach into any required bufferyard area.
(5) There shall be no more than three detached accessory buildings on a lot where the principal building is 300,000 SF or less. One additional accessory building may be permitted for every 200,000 square feet of principal building floor area in excess of 300,000 square feet or fraction thereof.
(6) The total of all accessory buildings, structures and uses shall not occupy more than 35% of the area of the rear yard.
(7) All accessory use buildings shall utilize the same or substantially similar exterior materials as the principal building for which is serves as approved by the Building Commissioner. This requirement shall apply to all accessory buildings in all zoning districts, with the exception of accessory buildings serving a single-family or two-family residential dwellings.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)