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It is the purpose of this Chapter to regulate accessory uses and structures in order to promote the public health, safety, and welfare by permitting such structures and uses to be established in a manner that makes them compatible with the principal use of the property at issue and harmonious with all uses upon adjacent properties.
(Ord. 37-13. Passed 8-12-13.)
"Accessory Structure or Use" means a structure or use that: (1) is subordinate in area, extent, and purpose to the principal use; (2) contributes to the comfort, convenience, or necessity of the principal use; and (3) is located on the same lot and in the same zoning district as the principal use. Examples of accessory structures include, but are not limited to, detached garages, carports, sheds, greenhouses, decks, patios, gazebos, swimming pools (above or below ground), hot tubs, pergolas, and permanent athletic/recreational facilities (tennis courts, basketball courts, etc). For purposes of these regulations, a fence shall not be considered an accessory structure but shall still require a Certificate of Zoning Compliance. An example of an accessory use, as distinguished from an accessory structure, is a home occupation. Refer to Chapters 1133 and 1173 for more definitions of specific accessory structures or uses.
(Ord. 37-13. Passed 8-12-13.)
The following general development standards apply to all accessory structures regardless of the use of the principal structure:
(a) Area. The square footage of an accessory structure shall not exceed the square footage of the principal structure regardless of lot size, and may be required to follow more restrictive standards based on the Principle Use of the property as set forth in this Chapter.
(b) Location. Accessory Structures and Uses shall not be placed or operated within easements or Village owned Right of Way.
(c) Number. No more than one Accessory Structure of any single type shall be permitted in the following zoning districts: Low Density Residential; Medium Density Residential; Old Town Residential; and single family areas in a Planned District. Accessory Structures in all other zoning districts require a Conditional Use Permit from the Planning and Zoning Commission. The Planning and Zoning Commission shall determine the maximum number of Accessory Structures permitted at the time of issuance of a Conditional Use Permit.
No more than one Accessory Use is permitted in the following zoning districts: Low Density Residential; Medium Density Residential; Old Town Residential; and single family areas in a Planned District. The Planning and Zoning Commission shall determine the maximum number of Accessory Structures and Uses permitted in all other zoning districts at the time a Conditional Use Permit is issued.
(d) Height. Accessory Structures shall not exceed fourteen (14) feet in height with the exception of detached garages which may be up to eighteen (18) feet in height or the highest peak of the principal structure, whichever is most restrictive.
(e) Living quarters. Accessory buildings may not be used for living quarters.
(f) Lot coverage. Any accessory structure (1) covered by a roof or, (2) consisting of an impervious or paved surface - including decking - shall be counted toward the maximum lot coverage permitted in the applicable zoning district.
(g) Accessory buildings without main building. In any district, no permanent Accessory Structure shall be constructed before construction of the principal building. (Ord. 37-13. Passed 8-12-13.)
(a) Types permitted. The following Accessory Structures and Uses are permitted in association with a single family residential use; and, provided the applicant has obtained a Certificate of Zoning Compliance as required under Section 1183.02:
(1) Detached garages or carports
(2) Sheds and pole barns
(3) Above ground or in-ground swimming pools
(4) Hot tubs or spas
(5) Greenhouses
(6) Gazebos
(7) Pergolas
(8) Decks or patios
(10) Other substantially similar structures not listed above as determined by the Planning and Zoning Commission
(b) Area. The maximum area of Accessory Structures is limited as follows:
(1) Lots less than 21,780 square feet. Thirty-five percent (35%) of the square footage of the principal structure as set forth on the Franklin County Auditor's website, subject to Village confirmation, or 480 square feet, whichever is less restrictive.
(2) Lots between 21,781 square feet and 32,670 square feet. Thirty-five percent (35%) of the square footage of the principal structure as set forth on the Franklin County Auditor's website, subject to Village confirmation, or 640 square feet, whichever is less restrictive.
(3) Lots between 32,671 square feet to 43,560 square feet. Thirty-five percent (35%) of the square footage of the principal structure as set forth on the Franklin County Auditor's website, subject to Village confirmation, or 920 square feet, whichever is less restrictive.
(4) Lots more than 43,560 square feet (one acre). Thirty-five percent (35%) of the square footage of the principal structure as set forth on the Franklin County Auditor's website, subject to Village confirmation, or 1080 square feet, whichever is less restrictive.
(5) Maximum lot coverage. No more than sixty (60) percent of the lot may be covered with the principal structure and accessory structure(s).
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(c) Location.
(1) All Accessory Uses and Structures must be located behind the rear of the Principal Structure unless otherwise set forth in the Codified Ordinances.
(2) Detached garages, swimming pools, pole barns, greenhouses, sheds, gazebos, and other similar accessory structures as determined by the Zoning Inspector shall not be closer than five (5) feet to the principal structure and shall follow other location requirements as set forth in this Chapter.
(3) All Accessory Structures must be located at least ten (10) feet from the rear property line and five (5) feet from the side property line(s) with the exception of swimming pools. Swimming pools shall be no closer than ten (10) feet to any property line.
(4) All fences except Front Yard Fences as regulated in Chapter 1173 shall be set back ten (10) feet from the front of the principal structure.
(Ord. 37-13. Passed 8-12-13.)
(a) Conditional Use Permit Required. All Accessory Structures and Uses associated with multi-family residential uses require submittal and approval of a Conditional Use Permit from the Planning and Zoning Commission consistent with the requirements of Chapter 1181 with the exception of patios installed at individual units at the time of construction.
(b) Types permitted. The following Accessory Structures are permitted in association with a multi-family residential use subject to issuance of a Conditional Use Permit as required under Section 1171.05(a):
(1) Detached garages
(2) In-ground swimming pools
(3) Hot tubs or spas
(4) Gazebos
(5) Pergolas
(6) Club houses
(7) Athletic or recreational facilities such as basketball or tennis courts
(8) Picnic shelters
(9) Guard shacks
(10) Other substantially similar structures not listed upon approval of the Planning and Zoning Commission
(c) Area. The maximum area of Accessory Structures shall be determined by the Planning and Zoning Commission at the time of issuance of the Conditional Use Permit. The maximum size permitted will be based on the size of the lot. In no instance may more than 50 percent of the lot be covered with the principal structure(s) and accessory structures.
(d) Location. All Accessory Structures and Uses unless otherwise set forth in this Chapter cannot be located in the front, side, or rear yard setbacks and cannot be located in front of the principal structure with the exception of guard shacks.
(Ord. 37-13. Passed 8-12-13.)
(a) Conditional Use Permit Required. All Accessory Structures and Uses associated with commercial, office, industrial, or institutional uses require submittal and approval of a Conditional Use Permit from the Planning and Zoning Commission consistent with the requirements of Chapter 1181.
(b) Types Permitted. The following Accessory Structures are permitted in commercial, office, industrial, and institutional districts subject to issuance of a Conditional Use Permit as required under Section 1171.06(a) unless otherwise noted below:
(1) Guard shacks
(2) Pump houses
(3) Picnic shelters
(4) Athletic or recreational facilities
(5) Wireless telecommunication facilities consistent with the requirements of Chapter 1191 and permitted in industrial districts only
(6) Automated teller machines not attached to the principal structure
(7) Other substantially similar structures not listed upon approval of the Planning and Zoning Commission
(c) Retail Sales and Services as Accessory Uses. Retail sales and services are permitted as Accessory Uses to office, institutional, and industrial uses when clearly incidental to the principal use provided the following:
(1) The area used for retail sales and services shall not comprise more than 25 percent of the floor area of the principal use; and,
(2) The use shall be conducted wholly within the principal building without exterior display.
(Ord. 37-13. Passed 8-12-13.)
(a) Model homes or sales offices. Model homes or sales offices are permitted within all residential subdivisions and condominium developments provided the model home or sales office obtains a Temporary Use Permit and meets the requirements below:
(1) No exterior lighting other than usual and customary residential lighting shall be permitted at the model home after 9:00 PM.
(2) Model homes and sales offices shall be permitted during active construction projects where two or more new homes are constructed per year. Once construction is completed, the model home and sales office shall be converted to a home that can be offered for sale to the general public.
(b) Temporary offices and equipment sheds for contractors. Temporary offices including mobile offices for contractors and equipment sheds incidental to construction projects may be permitted within any district provided a building permit for the construction has been issued by the Building Department and a Temporary Use Permit has been issued by the Zoning Inspector. No more than one temporary office and one equipment shed may be permitted without permission of the Zoning Inspector. The Zoning Inspector may issue a permit for multiple offices and sheds based on the scope of the construction project. Temporary offices and equipment sheds shall be removed within seven (7) days of completion of the construction project or within 24 hours if construction stops for more than thirty (30) days. If the Temporary Use Permit expires prior to the completion of construction, the Permit must be renewed or the office(s) and/or equipment shed(s) removed within 24 hours of expiration of the permit.
(c) Seasonal merchandise sales. Seasonal merchandise sales shall be permitted in the General Commercial, Limited Industrial, and Restricted Industrial zoning districts. Such sales shall be conducted in compliance with the following standards:
(1) Conditional Use Permit Required. A Conditional Use Permit must be obtained from the Planning and Zoning Commission in accordance with Chapter 1181.
(2) Duration. The maximum duration of seasonal merchandise sales shall be up to 35 days, the exact duration to be determined by the Planning and Zoning Commission as a part of the Conditional Use Permit.
(3) Hours of operation. Seasonal merchandise sales shall be allowed on a daily basis and may operate only between the hours of 10:00 AM and 8:00 PM.
(4) Parking. Parking at a ratio of one space for each 2,000 square feet of lot area used for seasonal merchandise sales shall be provided at the property where the seasonal merchandise sales occur.
(5) Temporary structures. Temporary structures shall be permitted subject to the review and approval of the Planning and Zoning Commission.
(6) Site cleanup. During the course of the seasonal sale, the site shall be maintained free of trash and other debris. After the seasonal merchandise sales event is completed or after expiration of the duration specified in the Conditional Use Permit, whichever first occurs, all associated structures and trash shall be removed from the site within 24 hours.
(d) Portable vending food carts. Freestanding, portable vending food carts shall be permitted in the Restricted Industrial, Limited Industrial, and Planned Industrial District (PID) zoning districts. Such operations shall be in compliance with the following standards:
A. A physical description of the cart including a color photograph or rendering;
B. A detailed description of the goods from the cart;
C. A list of the days and hours of operation; and,
D. A site plan showing where the cart and refuse containers will be placed on the property and how the refuse containers will be screened.
(2) Mobile Food Vending Permit required. A Mobile Food Vending Permit must be obtained from the Zoning Inspector following issuance of a Conditional Use Permit from the Planning and Zoning Commission.
(3) Number. No more than one cart may be located on a property at a time.
(4) Removal of cart. All carts shall be removed from the site within one hour of the end of the operating hours established in Chapter 1171.07(d)(7) herein or whenever the cart is closed for the day, whichever comes first.
(5) Location.
A. Carts shall be located on private property and shall not block pedestrian walkways, drive aisles, fire routes, or entrances or exists.
B. Carts shall not be located on a vacant lot. They must be on a lot with an occupied building.
C. Carts shall not be located in a manner that obstructs the lines of site at intersections and driveway entrances or exists.
D. Carts shall be a minimum of twenty (20) feet from the edge of the public right of way. When no right of way exists, carts shall be a minimum of forty (40) feet from the edge of the pavement.
E. Carts shall be a minimum of twenty (20) feet from any lot line unless the lot is adjacent to a residential use in which case carts must be a minimum of fifty feet (50) feet from any lot line.
F. Carts must be located on a paved surface but may not be located on a required parking space. If more parking is provided at the site than is required by Chapter 1169, the cart may be located in one of these additional spaces provided there is adequate area for pedestrians to safely access the cart and wait for service.
(6) Seating. Seating or tables for customers shall not be provided.
(7) Hours of operation. Carts may operate from 7:00 AM to 10:00 PM, unless otherwise granted by the Planning and Zoning Commission, in the Restricted Industrial, Limited Industrial, and Planned Industrial District (PID) zoning districts.
(9) Outdoor storage. Outdoor storage of materials for the cart will not be permitted. Temporary structures may be permitted subject to the review and approval of the Planning and Zoning Commission.
(10) Site maintenance and refuse containers. The cart operator shall maintain the area in a clean and attractive manner, ensuring that all refuse is collected and disposed of in proper containers. Refuse containers shall be provided near the cart and shall be screened from view of the public rights of way.
(e) Portable on-demand temporary storage units. Portable on-demand temporary storage units are permitted in all zoning districts provided a Temporary Use Permit has been issued and the following restrictions are met.
(1) Definitions. The following definitions shall apply to this Section herein:
A. "Applicant" shall mean the person that owns, rents, occupies, or controls the property and obtains the required permit for a portable temporary storage unit.
B. "Portable temporary storage unit" shall mean temporary, transportable storage units designed and used primarily for temporary storage of building materials, goods, personal items and other materials for use on a limited basis on the property. Accessory structures such as sheds are not considered portable temporary storage units. Job trailers or tool sheds sited in conjunction with a building project shall not be regulated by this Section.
C. "Supplier" shall mean the company or vendor which supplies the portable temporary storage unit to the property.
(2) Duration. Permits shall be granted for a period of seven (7) consecutive days including the days of delivery and removal. No more than two (2) permits shall be issued within any twelve (12) month period, and a minimum of thirty (30) days shall elapse between the end of one (1) permit period and the beginning of another. If the property owner has an active building permit, a permit may be issued for up to forty-five (45) days. In the event of fire, tornado, or natural disaster causing substantial damage to the structure, the property owner may apply to the Zoning Inspector for permission to extend the time that a portable temporary storage unit may be located on the property. Application for such extended duration shall be made in writing and filed with the Zoning Inspector, and shall give sufficient information to determine whether such extended duration should be granted. In the event of an adverse decision by the Zoning Inspector, the applicant may appeal such decision to the Planning and Zoning Commission.
(3) Location. Portable temporary storage units shall not be placed on a public street, road, alley, or right-of-way. The unit shall be placed only on a hard-surfaced driveway or parking area and shall not be placed in a way that interferes with the property ingress or egress, the sight triangle, or creates a traffic hazard for neighboring property owners. In non-residential districts, the unit shall not be placed in the front yard setback.
(4) Size and number of units. Such unit shall not exceed eight feet six inches (8'6") in height, ten feet (10') in width, or twenty feet (20') in length. No more than one (1) portable temporary storage unit may be located on a property at one time. In the case of a two-family, or multi-family dwelling, no more than one unit per address shall be permitted.
(5) Use and maintenance. No portable temporary storage unit shall be used as a dwelling unit, for retail sales, or to store solid waste, construction debris, demolition debris, recyclable materials, or any other illegal or hazardous material. The applicant, as well as the supplier, shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
(f) Construction waste receptacles. Construction waste receptacles may be located on property in conjunction with a valid building permit for a building or site improvement project, or for home improvement projects that do not require a building permit such as window replacement.
(1) No more than one (1) construction waste receptacle may be located on a single-family residential property at one time. In the case of a two-family, or multi-family dwelling, no more than one unit per address shall be permitted. More than one (1) construction waste receptacle may be located on commercial and industrial property based on the scope of the project.
(2) The receptacle must be placed on a hard surfaced drive or parking area, and may remain on site only during active construction or improvements.
(3) The receptacle(s) cannot be located on single-family or multi-family residential property for more than seven (7) consecutive days or commercial and industrial property for more than thirty (30) days without permission of the Zoning Inspector. The Zoning Inspector can grant an extension provided construction is underway.
(4) The receptacle(s) must be removed within 24 hours if construction stops for more than thirty (30) days.
(g) Portable toilets.
(1) Definition. A portable toilet is defined as an independent, portable, self-contained outhouse usually made of molded plastic.
(2) Use. Portable toilets can be placed on property in any zoning district provided there is active construction or for a large event or gathering.
(3) Number permitted. No more than one (1) portable toilet is permitted in single family zoning districts. In all other zoning districts, the regulations of the Occupational Safety and Health Administration (OSHA) shall apply.
(4) Duration. Portable toilets must be removed within 24 hours of the completion of the construction project or large event or gathering.
(Ord. 37-13. Passed 8-12-13.)
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