(a) Exemptions. The regulations set forth in this Zoning Ordinance shall affect all land, every structure and every use of structure, except public utilities or railroads as is now specifically exempt by law or as may be hereafter amended by law or as is exempted by subsection (a)(3) hereof.
(1) Public utility and railroads. Public utilities and railroads shall not be prohibited in respect to the location, erecting, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement of any buildings or structures for the operation of its business.
(2) Outdoor advertising. Outdoor advertising shall be classified as a business use and be permitted in all districts zoned for industry, business, trade or lands used for agricultural purposes.
(3) Governmental functions. Any local, State or Federal activity carried on for the purpose of administrative, protective, executive, service, legislative or judicial function shall not be prohibited.
(b) New Development. New development including the subdivision of land, construction and the use of land or structures shall conform with the regulations for the Zoning District in which such development is located.
(1) New subdivisions. The subdivision or re-subdivision of land shall not create lots less than the minimum size required for the Zoning District in which such land is located nor shall lots be provided or intended for uses not allowed in the Zoning District.
(2) New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of this Zoning Ordinance and in accordance with the Subdivision Ordinance of Shawnee Hills, Ohio, and shall conform with the development standards of the Zoning Districts in which such constructions are permitted, except as is otherwise provided for in subsection (d)(1) hereof.
(3) New uses. Any new use of land or a structure shall be a permitted use or a conditional use for the Zoning District in which such use is to be located.
(Ord. 04-2001. Passed 4-9-01.)
(4) All pipes, lines, electrical line, secondary service, and telephone lines furnishing utility services to any building hereafter constructed shall be located underground.
(Ord. 30-2009. Passed 12-14-09.)
(Ord. 30-2009. Passed 12-14-09.)
(c) Existing Conforming Lots, Structures or Uses. Lots, structures, or the use of lots and/or structures which conform with the regulations of the Zoning District in which they are located may be continued; and may be altered, extended, or changed in accordance with the following:
(1) Conforming lots. A conforming lot may be changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or resulting lots shall conform to the development standards for the Zoning District in which the lot is located.
(2) Conforming structure. A conforming structure may be altered, reconstructed, or extended only in such manner as will comply with the development standards of the Zoning District in which the structure is located.
(3) Conforming use. A conforming use may be expanded, modified, or changed only in such a manner as will comply with the permitted use, or conditioned use regulations and with the development standards of the Zoning District in which the conforming use is located.
(d) Non-conforming Lots, Structures, or Uses. Existing lots, structures and accessory development or the use of lots and/or structures which would be prohibited under the regulations for the Zoning District in which they are located shall be considered as non-conforming.
(1) Non-conforming Lots of Record:
A. Any lot of record that does not meet the requirements of this ordinance shall be considered a nonconforming lot of record.
B. If two (2) or more contiguous lots or combinations of contiguous lots in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance in the zoning district in which the lot(s) are located, the lands shall be considered to be an undivided parcel for the purposes of this ordinance.
C. Exceptions:
1. A non-conforming lot or lots of record may be conveyed to adjacent tracts to make those tracts into a conforming (or more conforming) lot, provided such transfer does not create a residual non conforming lot or lots of record that is even less conforming to current zoning standards.
2. The construction of a single family residence may be permitted as a conditional use on a non conforming lot(s) of record if a development plan is approved by the Board of Zoning Appeals pursuant to the following standards.
Exception (I) Single Lot of Record (35’ x 70’, or larger, minimum area of lot) Where a single, free standing non-conforming lot of record exists as of September 1, 2000, having a lot area less than required by the residential zone wherein said lot is located, a single family house may be permitted on the lot as a conditional use, provided the Board of Zoning Appeals determines that the following conditions are met:
aa.) The lot has a least 35’ of frontage on an existing and improved (paved asphalt or concrete) publicly maintained street;
bb.) The lot was of separate ownership from all adjacent and contiguous lots (not adjacent to any lots held by the same legal owner or legal entity) as of September 1, 2000;
cc.) The lot has not been separated from adjacent contiguous lots under the same ownership after September 1, 2000 for the purpose of qualifying for an individual lot exception;
dd.) The adjacent and contiguous parcels exist as developed building lots, street right of way, or other legal non conforming lots of record under other separate ownership;
(Ord. 04-2001. Passed 4-9-01.)
ee.) A Development Drainage Plan is required and must be stamped/signed by a Licensed Architect, Certified Landscape Architect or a Registered Professional Engineer that conforms to the following minimum standards for both a house and a required one- car garage. (Ord. 04-2004. Passed 3-22-04.)
1.) Front Setback (House): 17 & ½ feet from street right of way
2.) Front Setback (Garage): 40 feet from street right of way
3.) Rear Yard Setback (House): 20 feet from rear lot line
4.) Side Yard Setback for a house constructed with full masonry exterior (stone, stucco, of brick): 5 feet on the non-driveway side; 10 feet on the driveway side.
5.) Side Yard Setback for a house without full masonry exterior: 8 feet on the non-driveway side; 10 feet on the driveway side.
6.) Rear/Side Setback (Garage): 3 feet; or 0 (zero) feet if the garage walls are solid masonry construction (stone, stucco, or brick), with the side and back walls of the garage being coterminous with a masonry (stone, stucco, or brick) perimeter wall adjacent to the lot line. Garage eaves shall not overhang or encroach onto neighboring lots without adjacent owner’s permission.
7.) Privacy Walls: A masonry (stone, stucco, or brick) party wall up to 72 inches in height may be required by the Board of Zoning Appeals to extend along portions of the side or rear lot lines to provide privacy to contiguous established residences.
8.) Minimum total square footage of dwelling: 1,050 square feet.
9.) Maximum square footage of garage: 288 square feet.
10.) Maximum structural (house and garage) coverage of lot: 35%
11). Maximum impervious surface coverage of lot: 55%, Decks may constitute an additional 10% of the lot area for a maximum of 65% total impervious surfaces.
12.) Minimum landscaped green space on lot: 45%, adhering to Village standards. Approved decks are considered landscaped green space.
13.) Public water is provided.
14.) Sanitary Sewer: A sewer tap is allocated by the Village, and the house connects to the sanitary sewer system.
15.) Variance of any development standard as described above shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of CHAPTER 1133 BOARD OF ZONING APPEALS.
Exception (II)- Two Contiguous Front-to-Back Lots of Record with less than 14,700 square feet of aggregate minimum lot area: Same requirements as Exception (1), but a two-car garage is permitted, maximum 480 square feet, and the lots shall be combined into one lot for tax purposes. If both lots have frontage on improved streets, garage access may be from the rear street.
Exception (III)- Two Contiguous Side-by-Side Lots of Record with less than 14,700 square feet of aggregate minimum lot area: Where two, contiguous non-conforming lots of record exist side-by-side as of September 1, 2000, having a lot area less than required by the residential zone wherein said lot is located, a single family house and two car garage may be permitted on the two lots as a conditional use, provided the Board of Zoning Appeals determines that the following conditions are met:
aa.) The lots are combined into one lot for tax purposes.
bb.) The combined lot has at least 70’ of frontage on an existing and improved (paved asphalt or concrete) publicly maintained street;
cc.) The two lots were of separate ownership from all adjacent and contiguous lots ( not adjacent to any lots held by the same legal owner or legal entity) as of September 1, 2000.
(dd.) The lots have not been separated from adjacent contiguous lots under the same ownership after September 1, 2000 for the purpose of qualifying for a dual lot exception;
ee.) The adjacent and contiguous parcels exist as developed building lots, street right of way, or other legal non conforming lots of record under other separate ownership;
(Ord. 4-2001. Passed 4-9-01.)
ff.) A Development Drainage Plan is required and must be stamped/signed by a Licensed Architect, Certified Landscape Architect or a Registered Professional Engineer that conforms to the following minimum standards for both a house and a required two- car garage:
(Ord. 04-2004. Passed 3-22-04.)
(Ord. 04-2004. Passed 3-22-04.)
1.) Front Setback (House): 17 ½ feet from street right of way;
2.) Front Setback (Garage): 40 feet from street right of way; 30 feet if a 16’ wide driveway is installed.
3.) Rear Yard (House): 20 feet from rear lot line.
4.) Side Yard Setback for a house constructed with full masonry exterior (stone, stucco, or brick): 5 feet on the non-driveway side; 10 feet on the driveway side.
5.) Side Yard Setback for a house without full masonry exterior: 8 feet on the non-driveway side; 10 feet on the driveway side.
6.) Rear/side Yard Setback(Garage): 3 feet; 0 (zero) feet if the garage is full masonry construction (stone, stucco, or brick), with the side and back walls of the garage being coterminous with a masonry perimeter wall adjacent to the lot line. Garage eaves shall not overhang or encroach onto neighboring lots without the adjacent owner’s permission
7.) Privacy Walls: A masonry (stone, stucco, or brick) wall up to 72 inches in height may be required by the Board of Zoning Appeals to extend along portions of the side and rear lot lines to provide privacy to an established contiguous residence.
8.) Minimum total square footage of dwelling: 1,250 square feet.
9.) Maximum square footage of garage: 576 square feet.
10.) Maximum structural (house and garage) coverage of lot: 35%
11.) Maximum impervious surface coverage of lot: 55%
12.) Minimum landscaped green space on lot: 45%, adhering to Village streetscape standards.
13.) Public Water is provided.
14.) Sanitary Sewer: A sewer tap is allocated by the Village, and the home connects to the sanitary sewer system.
15.) Variance of any development standard as described above, shall be obtained only through action of the Board of Zoning appeals in accordance with the provisions of CHAPTER 1133 BOARD OF ZONING APPEALS.
Exception IV – Three Contiguous Side-by-Side Lots of Record with less than 14,700 aggregate square feet exclusive of road right of way – Same as Exception (III) EXCEPT THAT SIDE YARDS FOR THE HOUSE ARE MINIMUM 15’, BOTH SIDES.
Exception V – Three Contiguous Lots of Record with Two Lots Side–by-Side, and Two Lots Contiguous Front-to-Back with less than 14,700 aggregate square feet of area exclusive of road right-of-way. Same standards as Exception (III); a two car garage is permitted and a rear driveway is permitted on lots with front and rear access to improved streets.
Exception VI - Four or Five Contiguous Lots of Record, Two of Which are Contguous Side-to- Side and Two of Which Are Contiguous Front to Back: Where four or five contiguous non-conforming lots of record exist side by side as of September 1, 2000, having a lot area less than required by the residential zone wherein said combined lot is located, a single family house and two car garage may be permitted on the combined lots as a conditional use, provided the Board of Zoning Appeals determines that the following conditions are met:
aa.) The lots are combined into one lot for tax purposes.
bb.) The combined lot has at least 70’ of frontage on an existing and improved (paved asphalt or concrete) publicly maintained street.
cc.) The lots were of separate ownership from all adjacent and contiguous lot (not adjacent to any lots held by the same legal owner or legal entity) as of September 1, 2000.
dd.) The lots have not been separated from adjacent contiguous lots under the same ownership after September 1, 2000 for the purpose of qualifying for an exception.
ee.) The adjacent and contiguous parcels exist as developed building lots, street right-of-way, or other legal non conforming lots of record under separate ownership.
(Ord. 04-2001. Passed 4-9-01.)
(Ord. 04-2001. Passed 4-9-01.)
ff.) A Development Drainage Plan is required and must be stamped/signed by a Licensed Architect, Certified Landscape Architect or a Registered Professional Engineer that conforms to the following minimum standards for both a house and a required two- car garage:
(Ord. 04-2004. Passed 3-22-04.)
(Ord. 04-2004. Passed 3-22-04.)
1.) Front Setback (House): 17 ½ feet from street right of way.
2.) Front Setback (Garage): 30 feet from street right of way.
3.) Rear Yard (House): 25 feet from rear lot line.
4.) Side Yard (House): setback: 15 feet on both sides.
5.) Rear/Side Setback (Garage): 5 feet
6.) Minimum Total Square Footage of Dwelling: 1,250 square feet.
7.) Minimum Square Footage of Two Car Garage: 400 square feet.
8.) Maximum Structural (House and Garage) Coverage of Lot: 30%
9.) Maximum Impervious Surface Coverage of Lot: 45%
10.) Minimum Landscaped Green space on Lot: 55%, adhering to Village streetscape standards.
11.) Public Water is provided.
12.) Sanitary sewer – A sewer tap is allocated by the Village, and the home connects to the sanitary sewer system.
13.) Variance of any development standard as described above shall be obtained only through action of the Board of Zoning Appeals in accordance with the provision of CHAPTER 1133.
(Ord. 04-2001. Passed 4-9-01.)
(Ord. 04-2001. Passed 4-9-01.)
(2) Non-conforming structures and development. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the Zoning District in which they are located may be altered, reconstructed or extended only in such a manner that the alteration, reconstruction or extension will comply with the development standards of the Zoning District in which the structure and/or accessory development is located.
Such alteration, reconstruction, or extension shall include additional development and compliance with the development standards of the Zoning District as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished.
(3) Non-conforming uses. The non-conforming use of a lot and/or a structure may be continued, expanded or changed subject to the following:
A. Change of a non-conforming use shall be allowed to a permitted use of the Zoning District in which the non-conforming use is located.
B. On approval of an appeal to the Board of Zoning Appeals a non- conforming use may be changed to a use found to be more nearly in character with the Zoning District in which the non- conforming use is located.
C. On approval of an appeal to the Board of Zoning Appeals a non- conforming use may be expanded within an existing structure manifestly arranged or developed for such use; said expansion of such non-conforming use shall not exceed fifty percent (50%) of the total floor area of the existing building.
D. No non-conforming use may be re-established where such non- conforming use has been discontinued for a period of at least two years. The non-conforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided such reconstruction is started within twelve months of such calamity and is continued in a reasonable manner until completed.
(Ord. 363. Passed 6-22-81.)