Accessory uses, buildings, and structures permitted in residential districts and associated with a single-family detached dwelling, shall conform to the location, coverage, area, and maintenance standards contained in this Section and this Code. No accessory building, structure or use shall be established on a lot unless a principal building or use has first been established on the lot in conformance with all applicable provisions of this Planning and Zoning Code. No accessory building shall be used, enlarged, restored or maintained in such manner as to become the main or principal use, nor shall such use be designated as an accessory use for the purpose of avoiding the intent and purpose of any provision of this Planning and Zoning Code.
(a) Location Requirements for Accessory Uses. An accessory building, structure, or use permitted in a Dwelling House District shall be located as set forth in Schedule 1151.13. However, an accessory use or building shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Planning and Zoning Code.
(b) Schedule 1151.13 Permitted Accessory Structures In Front, Side And Rear Yards:
Permitted Accessory Structures in Front, Side and Rear Yards | ||||
Use | Yard Permitted | Minimum Setback From Lot Line | ||
Front | Side | Rear | ||
(1) Detached accessory buildings | Rear | NP | 10 feet | 10 feet |
(2) Driveways | Front, corner side, side, rear | NA | 10 feet (a) | 10 feet (a) |
(3) Decks, patios | Rear, Side | NP | 20 ft. | 20 ft. |
(4) Fences, walls | Front, corner side, side, rear | 0 ft. | 0 ft. | 0 ft. |
(5) Private swimming pools | Rear | NP | General Use Regulations | |
(6) Other accessory structures such as but not limited to tennis courts, stables | Rear | NP | As further regulated in this Section 1151.13 | |
(7) Outdoor storage of vehicles recreation vehicles/equipment. | Rear | |||
(a) During the development plan review process, an applicant may request that the Planning Commission consider an exception to the setback requirement for driveways when site conditions, such as topography; existing buildings; existing trees/landscaping; or similar factors, necessitate a lesser driveway setback. NA Not Applicable NP Not Permitted | ||||
(c) Location of Accessory Use or Building. No accessory use or building shall be located nearer than seventy (70) feet to any living area of any principal building located on an abutting lot.
(d) Living Quarters. Construction of living quarters in any accessory building and use of any accessory building for habitation, temporary or otherwise, is strictly prohibited.
(e) Exotic Animals. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession an Exotic Animal within the Village of Moreland Hills.
(f) Keeping of Fowl. No house, shed or coop for the accommodation of fowl of any sort shall be located nearer than fifty (50) feet to any portion of any single-family detached dwelling or to any side or rear lot line.
(g) Keeping of Swine. No house, shed, pen or enclosure for the keeping of pigs or hogs shall be located within 200 feet of any public street or within 500 feet of any single-family detached dwelling. Such house, shed, pen, or enclosure for the keeping of swine shall be setback fifty (50) feet from any side or rear lot line.
(h) Number of Permitted Accessory Buildings. A maximum of two (2) accessory uses/buildings shall be permitted on a zoning lot.
(i) Permitted Area. The total area of all accessory buildings and uses on a zoning lot shall not exceed 1,000 square feet.
(j) Foundation Required. An accessory building larger than 200 square feet shall have a foundation.
(k) Maintenance. All accessory buildings shall be maintained in good repair and be structurally sound and secure.
(l) Storage of Vehicles. All commercial vehicles, horse trailers, house trailers, recreational vehicles and boats shall be parked or stored in an enclosed building or garage or parked, in conformance with the required side and rear setbacks as set forth in Schedule 1151.07 Setback Requirements, behind the rear foundation line of the single-family detached dwelling in any Dwelling House District and be screened from view of the street and adjacent properties by shrubbery or fencing. (Ord. 2012-21. Passed 7-11-12.)
(m) Additional Regulations for Parking Areas and Driveways. Accessory off-street parking spaces and driveways shall be provided in compliance with the parking and driveway requirements set forth in Chapter 1179, Off-Street Parking Regulations, which shall be located on the same lot as the dwelling served.
(Ord. 2017-16. Passed 5-10-17.)
(n) Stables.
(1) A stable shall accommodate no more than one (1) animal for each 15,000 square feet of lot area. No such stable shall be located nearer than 100 feet to any public street, and no such stable shall be located nearer than 150 feet to any property line or any single-family detached dwelling.
(2) The location of any stable shall not occupy more than eighty percent (80%) of the width of an interior lot.
(3) Every stable arranged for the keeping of livestock shall be provided with adequate ridge ventilation and suitable drainage so as to keep such buildings in a sanitary condition as required by the County Board of Health. Wherever it is impossible to properly ventilate or drain such stable so as to keep it in a sanitary condition, the use of such stable for stabling purposes shall be prohibited.
(4) A corral fence not exceeding five (5) feet in height adequate to contain livestock stabled on a lot shall be erected at least five (5) feet from the side and rear lot lines. Such corral fences shall not be constructed of chain link. Plans for the construction of any stable shall include plans for such fence and be approved by the Building Inspector. Such fence shall be of a design and of materials approved by the Building Inspector to be effective as a corral.
(o) Tennis Courts and Other Play Areas.
(1) No tennis court or any other hard-surfaced playing area for games or sports shall be constructed within the Municipality unless the location, design and construction thereof have been approved by the Planning Commission. Tennis courts and other similar hard-surfaced playing areas for games or sports shall be so located on lots to minimize any disturbing sound and sight effects of play to neighboring properties.
(2) No lights shall illuminate any tennis court or any other hard-surfaced playing areas for games or sports.
(3) The materials and construction of any fence that surrounds any tennis court or other hard-surfaced playing area for games or sports shall conform with Section 1151.13 (p) except that the height of the fence shall not exceed ten (10) feet. This shall include a fence or fences which surround the playing area either in whole or in part.
(4) No tennis court or other hard-surfaced playing area for games or sports on a lot in a Dwelling House District shall be less than thirty (30) feet from any lot line of the lot on which it is located and shall be at least 100 feet from any residence building on an adjacent lot. A tennis court or other hard-surfaced area shall include any fences surrounding it in whole or in part. (Ord. 2012-21. Passed 7-11-12.)
(p) Fences and Walls.
(1) Certificate Required. No fence or wall shall be constructed or erected unless a Zoning Certificate therefore has been issued by the Building Inspector. Applications for a Zoning Certificate must contain a plot plan of the lot, premises or parcel showing the exact location of the proposed fence or wall, a description of the kind of fence or wall, and plans and specifications showing the elevations of the fence or wall in sufficient detail to show the method of assembly and construction. Each application shall state the owner of the premises, the occupant of the premises and the person who is to construct or erect the proposed wall or fence.
(Ord. 2013-05. Passed 6-12-13.)
(2) Fences and Walls in Rear Yards. Fences which do not exceed five (5) feet in height and decorative walls which do not exceed thirty-six (36) inches in height shall be permitted in the rear yard. Fences in the rear yard shall be at least fifty percent (50%) open. (Ord. 2017-11. Passed 4-12-17.)
(3) Fences and Walls in Front and Side Yards. Fences and walls shall be no higher than four (4) feet above natural grade in front and side yards in front of the rear building line as follows:
A. Fences shall be at least fifty percent (50%) open.
B. The Building Inspector may elect to refer any application made under Section 1151.13 (p)(3) to the Planning Commission for its further review.
(4) The Planning Commission may, in its discretion, approve the following:
A. Retaining walls necessary to provide grade separation.
B. Fences or walls which are structurally an integral part of the architecture of the dwelling or accessory buildings.
C. Any application referred to the Planning Commission by the Building Inspector, as provided by Section 1151.13 (p)(3) B.
(5) Prior to the issuance of a Zoning Certificate, a survey by a registered surveyor must be submitted to the Building Inspector. The property lines and fence location shall be clearly marked in a manner acceptable to the Building Inspector.
(6) Prohibited fences. The following types of fences are strictly prohibited in all zoning districts:
A. Barbed wire fences, razor wire fences, or any other fence made of sharpened metal to prevent ingress or egress to or from a premises; and
B. Above-ground, electrically-charged fences regardless of the source of electricity, unless, upon application, such use is approved by the Planning Commission; and
C. No fence or gate shall extend across any portion of a driveway.
(7) Fences in the Public Right-of-Way. No fence or wall shall be constructed, erected or permitted to remain in a public right-of-way.
(Ord. 2013-05. Passed 6-12-13.)
(q) Additional Regulations for Vehicles. The repainting, rebuilding, overhauling, or dismantling of a vehicle or the storage of tires, motor, body or other parts in an open yard is prohibited on a residential lot.
(r) Outdoor Storage. Outdoor storage is prohibited, except as otherwise provided for in this Code.
(s) Home Occupation. The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the non-residential use of a residential dwelling unit so that the non-residential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.
Home occupations shall be a permitted accessory use when conducted in compliance with the following standards. When not in compliance with the following standards, such home occupation shall be declared a nuisance pursuant to the Codified Ordinances of the Village of Moreland Hills.
(1) The home occupation:
A. Will be harmonious and in accordance with the objectives of the Planning and Zoning Code;
B. Will be operated and maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; and
C. Will not be hazardous or disturbing to existing or future neighboring uses.
(2) The home occupation shall be:
A. An occupation customarily carried on in a dwelling unit,
B. Incidental and secondary to the use of the dwelling unit for residential purposes, and
C. Conform to the following additional conditions:
1. The occupation or profession shall be carried on wholly within the principal building.
2. Not more than one (1) person who is not a member of the resident family shall be employed in the home occupation.
3. There shall be no exterior display, no exterior sign, no exterior indication of the home occupation or any other variation from the residential character of the principal building.
4. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.
(Ord. 2012-21. Passed 7-11-12.)