Accessory uses, buildings, and structures permitted in residential districts shall conform to the location, coverage, area, and maintenance standards contained in this Section and Chapter 1181, General Use Regulations. No accessory building 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 Development Code.
(a) Location Requirements for Accessory Uses. An accessory building or use permitted in a residential district shall be located as set forth in Schedule 1153.15. However, an accessory use shall only be permitted to the extent such use complies with all other accessory use regulations set forth in this Development Code.
Schedule 1153.15 Permitted Accessory Structures in Front, Side and Rear Yards | ||||
Use | Yard Permitted | Minimum Setback From Lot Line | ||
Front | Side | Rear | ||
(1) Detached accessory buildings, including garages | Rear | NP | 5 ft. | 5 ft. |
(2) Driveways | Front, corner side, side, rear | NA | 3 ft. | 3 ft. |
(3) ATTACHED ARCHITECTURAL FEATURES | Rear | See also Section 1153.13 | ||
(4) Fences, walls | Front, corner side, side, rear | 0 ft. | 0 ft. | 0 ft. |
(5) Outdoor storage of recreation vehicle/equipment | Rear | |||
(6) Private Swimming Pools | Rear | NP | ||
(7) Play Structure, Pergola, Gazebo, PATIO FIREPLACE | Rear | NP | ||
(8) Boat House | Rear | NP | ||
Notes to Schedule 1153.15: NA Not Applicable. NP Not Permitted | ||||
(c) Accessory Buildings. An accessory storage building shall not exceed one hundred (120) square feet in gross floor area. No more than two (2) accessory buildings, only one (1) of which shall be an accessory storage building, shall be located on a single zoning lot. The maximum, gross floor area of all accessory buildings on a zoning lot, including detached garages, shall not exceed 600 square feet. Accessory building shall not contain habitable spaces.
(Ord. 71-12. Passed 3-25-13; Ord. 87-17. Passed 12-17-18.)
(d) Detached Garages. Detached garages shall be constructed with a masonry foundation or concrete beam at grade. The exterior materials of such detached garages shall be compatible in color and texture with the principal building. If at the discretion of the Zoning Administrator detached garages are reviewed by the Architectural Review Board, the Architectural Review Board may require landscape plantings along the side and rear property lines due to the proximity of structures on abutting lots. A garage attached by a porch or breezeway or other similar means of connecting one structure to another shall not, for the purposes of this Code, be considered to constitute a party wall or common wall.
(Ord. 86-22. Passed 2-13-23.)
(e) Non-conforming Accessory Buildings. Any non-conforming accessory building, including detached garages, lawfully existing prior to the adoption of this Development Code may be reconstructed or replaced with a new building at the same location as the existing accessory building, providing that any increase in the building area be located in the interior of the lot and away from the lot lines.
(f) Additional Regulations for Parking Areas. Accessory off-street parking spaces shall be provided in compliance with the parking requirements set forth in Chapter 1187, Off-Street Parking and Loading Regulations, which shall be located on the same lot as the dwelling served.
(g) Detached Decks, Patio Fireplaces, Play Structures, Gazebos, & Pergolas. A detached deck, patio fireplace, play structure, pergola, gazebo, or similar structure shall be considered a permitted accessory use and shall be subject to the following regulations:
(1) No detached deck or horizontal surface shall exceed three (3) feet in height. but The maximum height of all other structures shall be twelve (12) feet. All such structures shall be at least seven (7) feet from any property line;
(2) The part of a play structure that is under a roof shall not be greater than fifty (50) square feet in area. For the purposes of this sub-section, slides, swings and similar play equipment shall not be included in the calculation for total surface area; and,
(3) The total area of any built-in, horizontal surface that is an integral part of the structure (platform area including any covered area and any elevated platforms) shall not exceed two hundred fifty (250) square feet.
(h) Private Swimming Pools. A private swimming pool, not including farm ponds; retention basins; and lakes, shall be any pool or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1.5) feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than 100 square feet, shall be allowed in any R-1 or R-2 District, except as an accessory use and unless it complies with the following conditions and requirements:
(1) Private swimming pools shall be located on the same zoning lot with the principle use to which it is an accessory use.
(2) The pool shall not be located, including any walks or paved areas or accessory structure adjacent thereto, closer than eight (8) feet to any property line of the zoning lot on which it is located.
(3) Every outdoor pool shall be enclosed by a fence forty- eight (48) inches in height around the perimeter of the pool, except the freestanding aboveground pools with sides greater than thirty-six (36) inches high from the ground on which its rests shall not require additional fencing, insofar as the side of such pool itself constitutes a barrier equal to a fence, and ladders and/or any means of access used to enter such pool shall be removed when not in use. One (1) or more gates shall be provided, and each is to be secured so as to prevent access by children. The location of the fence shall be at the discretion of the applicant, but must be at the approval of the Building Division. The fence shall be constructed of permanent and durable materials, and shall be fifty-percent (50%) or more open to light and air, which shall permit a person to see through into the swimming pool.
(4) A pool constructed of masonry type material shall be located and installed to conform to the natural grade as determined by the Building Division. No portion of the pool itself shall be higher than one (1) foot above such grade. All other pools, regardless of construction material, may not exceed five (5) feet above grade level.
(5) Every pool shall have a drainage device so that it can and will be drained into the City storm sewer.
(6) Whenever light is used to illuminate such pool, such lights shall be installed and shielded in such a manner as to direct light onto the pool only, and not to reflect light onto any abutting residential property. All wiring and electrical fixtures, accessories and appliances shall be installed under the National Electrical Code.
(7) The swimming pool shall comply with the locational and coverage requirements set forth in this Chapter.
(i) Boat House. Boat houses are permitted accessory structures, in compliance with the following:
(1) No part of the structure shall be higher than the average grade of the front yard or have a maximum height of fifteen (15) feet, whichever is lower;
(2) Such boat house shall not exceed 250 square feet of gross floor/water area, and shall be located adjacent to Lake Erie or the Rocky River.
(j) Fences, Walls, and Planting Screens. Fences shall comply with Schedule 1153.15 and shall be constructed, located, and maintained in conformance with the standards set forth below:
(1) Front Yard Fences. In the front yard of interior and corner lots, fences shall have a maximum height of thirty-six (36) inches. Only ornamental fences shall be permitted in the front yard, and the maximum length of any fence segment shall be thirty feet or the width of the front elevation of the house, whichever is less. Such fence segments shall be located no more than twelve (12) feet in front of the dwelling, and this distance shall be measured from the furthest projecting element on the front plane of the dwelling. A Zoning Certificate shall be required for a fence in the front yard, and such Certificate shall be approved by the Zoning Administrator. The Zoning Administrator may refer the application to the Architectural Review Board when, in his/her opinion, the appropriateness of the proposed fence should be judged by the Architectural Review Board.
(2) Side Yard Fences. In the side yard, the maximum fence height shall be five (5) feet, except for chain link fences which shall not exceed four (4) feet in height. Ornamental, board on board, and picket fences are the only types of fences permitted in the side yard, except synthetic covered chain link fences are permitted to abut existing chain link fences, and except as provided for in sub-section 1153.15(j)(7) below.
(3) Rear Yard Fences. Fences in the rear yard shall not exceed six (6) feet in height, except chain link fences which shall not exceed four (4) feet in height. Ornamental, board on board, picket fences, synthetic covered chain link fences, or similar fences that are twenty-five percent (25%) transparent regardless of the angle at which the transparency is viewed are the only types of fences permitted in the rear yard, except as provided for in sub-section 1153.15(j)(7) below. However, any portion of the fence over five (5) feet in height shall be constructed of materials that are fifty percent (50%) transparent when viewed perpendicular to the fence. The openings of the fence that provide the transparency shall be evenly spaced throughout the vertical surface.
(4) Fences on a Corner Lot Within the Required Corner Side Setback. For lots located on a corner, fences may be located in the required corner side setback provided such fences are located behind the front wall of the principal building and setback five (5) feet from the corner side lot line. Only ornamental fences shall be permitted within the corner side yard to a maximum height of forty-two inches. A Zoning Certificate shall be required for a fence in the corner side yard, and such Certificate shall be approved by the Zoning Administrator. The Architectural Review Board is authorized to grant an exception to this sub-section. The Architectural Review Board may grant a complete exception from this standard, or it may modify the standard in view of the peculiarities of the site. The Architectural Review Board may also impose reasonable conditions, such as the planting of landscaping, when approving such an exception. In evaluating a request for an exception, the Review Boards shall consider:
A. The proposed opacity of the fence;
B. The proposed height,
C. The location of the propose fence; and,
D. Any impacts on adjacent property or the public right-of-way.
(5) Fences that are painted shall be one color. Fences and walls shall be maintained in good repair and condition, be structurally sound, and attractively finished at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the yard that is fenced;
(6) Barbed wire, and electrified fences are prohibited. Acceptable fencing materials include stone, brick, finished wood, iron, metal, or synthetic look-alike products;
(7) Privacy Fences. Basket weave, woven, louver, ventilating, stockade, palisade fences, and other fences whose vertical surface is less than twenty-five percent (25%) open to light and air shall comply with the following:
A. Height & Location. Such fences shall have a height not to exceed six (6) feet provided that the fence shall not enclose more than two (2) sides of an area and shall not be located within the front or side setback established for the principal building nor within the rear setback established for an accessory building, except as provided for in sub-sections 1153.15 (j) (7) B. - D. below.
B. Privacy Fences on Rear Yards Adjacent to and Abutting Route I-90. On lot lines contiguous with the easement or right-of-way of I-90, privacy fences whose vertical surface is less than twenty-five percent (25%) open to light and air shall be permitted to a height not to exceed eight (8) feet
C. Privacy Fence on Rear and Side Yards Adjacent to and Abutting the Norfolk Southern Railroad Tracks. On lot lines contiguous with the easement or right-of-way of the Norfolk Southern railroad tracks through the City, privacy fences whose vertical surface is less than twenty-five percent (25%) open to light and air shall be permitted to a height not to exceed eight (8) feet; provided, however, that should such contiguous lot line be a side lot line, such privacy fence may not extend on such lot line beyond any front setback line which may exist as the regulations thereon are contained in these Codified Ordinances.
D. Privacy Fence Adjacent to Other Districts. Privacy fences shall be permitted to a height of (6) feet along the side and rear lot lines of lots in the R-1 District which abut a zoning district other than R-1, provided that such privacy fences shall not extend closer to any public right-of-way than the front wall of the main building.
(k) Air Conditioning, Generators and Heat Pumps. Air conditioner condensers, generators and heat pumps shall comply with the following:
(1) Outdoor condensers and heat pumps may be located in either the rear yard or the side yard, but shall not be located less than ten (10) feet from the side lot line. No more than two (2) such units may be located in the side yard. Such units shall be baffled so as not to exceed the noise level of seventy (70) decibels measured from the lot line, and screened with evergreen plant material so that within two (2) years the equipment is adequately screened from view.
(2) Permanently installed generators may also be located in either the rear yard or the side yard, but not less than ten (10) feet from the side lot line and shall be baffled and screened according to the provisions in subsection (k)(1) above. Generators shall only be used as an emergency and temporary source of electrical power, and exclusively fueled by natural gas.
(l) Additional Regulations for Vehicles.
(1) 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.
(2) The overnight parking or the outdoor storage of commercial motor vehicles and commercial trailers is prohibited.
(3) The parking or storing of vehicles shall not be permitted in the established lawn areas of residential lots.
(4) Accessory off-street parking spaces located in the front yard shall adjoin the driveway between the driveway and the nearest side lot line, provided parking spaces shall not be located directly in front of the dwelling.
A. Parking areas, including driveways, for single family detached and two family dwellings shall be located not less than three (3) feet from adjoining property lines as provided in Section 1111.09(c)
B. An accessory parking space meeting the standards above shall be no wider than eight (8) feet and no longer than eighteen (18) feet long with a return to the driveway within thirty (30) feet measured from the front of the garage. Accessory parking spaces are prohibited in cases of the setback being thirty five (35) feet or less or where a three (3) car garage is proposed or exists. Refer to drawing 1153.15(l)(4)D. for clarity.
C. Accessory parking spaces in R-1 & R-2 districts will be screened between the property line and parking spaces with evergreen plant material in a manner that so that within four (4) years the vehicle is completely obscured from view.
D. Driveways shall not be less than eight (8) feet or greater than twenty (20) feet in width in R-1 and R-2 Districts except where a three (3)-car garage exists or is proposed the driveway shall not exceed thirty (32) feet in width. Where the building setback is 35' or less a full width driveway is permitted in order to service two (2) and three (3) car garages. In R-1 and R-2 Districts, only one curb cut shall be permitted for any lot, except that two curb cuts shall be permitted for any lot that meets all of the following conditions:
1. The lot width is ninety (90) feet or wider; and,
2. The front setback for the lot is at least fifty (50) feet or greater; and,
3. The proposed turn-around driveway and associated durable edging shall be no greater than twelve (12) feet in total width and,
4. For corner lots, both curb cuts are to be located on the same street.
(m) Outdoor Storage of Recreation Equipment. In R-1 and R-2 Districts, the outside storage and parking of recreational equipment shall be permitted as an accessory use subject to the following conditions and limitations.
(1) An application for a Zoning Certificate for such an accessory use shall be filed with the Zoning Administrator and notice thereof shall be posted as provided for in sub-section 1129.05 (d), Notification. Unless otherwise provided in this Code, a one-time fee, as established by the City's Fee Schedule/Ordinance which can be obtained from the Zoning Administrator, shall be charged for such Zoning Certificate. Any change in the recreational equipment involved shall terminate the Certificate and a new application must thereafter be filed and processed.
(2) The recreational equipment must be owned or leased by the occupant of the premises.
(3) The parking space involved must be located in the rear yard and must be adequately screened to the satisfaction of the Architectural Review Board. Such screening may consist of evergreens, fencing and other material approved by the Architectural Review Board. In determining the adequacy of the screening, the Architectural Review Board shall consider the size of the recreational equipment involved, the size of the subject lot, the proximity of the buildings on adjacent properties, existing landscaping or screening on the subject and/or adjacent properties, and other relevant factors.
(4) 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 for living, storage, or housekeeping purposes.
(5) The area involved in the outside storage and parking of recreational equipment as a permitted accessory use shall be included in the computation of the maximum lot coverage.
(6) 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 seventy-two (72) hours in a consecutive twenty-one (21) day period.
(n) Outdoor Storage. Outdoor storage is prohibited, except as provided for in this Chapter.
(Ord. 71-12. Passed 3-25-13. Ord. 87-17. Passed 12-17-18; Ord. 71-21. Passed 6-13-22.)