(a) Purpose. This section authorizes the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this section is to allow a broad range of accessory uses while not creating adverse impacts on surrounding lands.
(b) General Provisions.
(1) An accessory use or structure shall be secondary and incidental to the primary use of the lot and shall not alter the character of the principal use.
(2) Accessory uses and structures shall be constructed on the same lot as the principal use that it serves.
(3) No accessory structure shall be constructed on any lot until the construction of the principal structure has commenced.
(4) In cases where the principal building is demolished, an existing accessory structure shall be allowed to remain on the lot or property without the principal building to which it is supposed to be an accessory for up to twelve (12) months while a new principal structure is established. Failure to complete the reconstruction of the principal structure will be an automatic cause for the removal of the accessory structure at the owner's expense unless good cause is given, in which case the Village Administrator may approve an extension of up to twelve (12) months.
(5) Small accessory structures such as doghouses, mailboxes, lending libraries, benches, garden decorations, barbeque equipment, etc. that are not otherwise addressed in this chapter shall be exempt from the provisions of this section, provided they do not have a footprint that exceeds eighteen (18) square feet and shall not exceed six (6) feet in height. Such structures shall not be located in the right-of-way.
(6) An accessory building that is attached to the principal building shall be considered an integral part of the principal building and shall comply with the site development standards and all other development standards of the applicable zoning district. Any accessory structure shall be considered an integral part of the principal building if it is connected to the principal building either by common walls, a breezeway, or a roof that requires footers to support such structure or is a living space with electrical service.
(7) The accessory use regulations of this chapter shall not apply to any public parklands owned by the Village, Lorain County, or the State of Ohio.
(8) Limitations on the Number of Certain Accessory Structures
A. Table 1111-1 establishes the maximum number of certain accessory structures allowed on any single lot in a residential zoning district.
TABLE 1111-1: LIMITS OF CERTAIN ACCESSORY STRUCTURES | |
Accessory Structure | Maximum Number of Structures |
Detached Accessory Buildings | 2 for lots under five acres in lot area 3 for lots with five acres of lot area or more |
Recreational Courts | 1 |
Solar Panels (Ground-Mounted) | 1 |
Swimming Pools | 1 |
B. In the R District, the total area of detached accessory buildings, paved areas, porches, patios, decks, and swimming pools shall not exceed thirty-five percent (35%) of the total rear yard, regardless of the location of the structure.
C. In all cases, the above limit on the number of certain accessory structures, in addition to the existence of any other accessory use or structure allowed by this section, shall be controlled by the maximum size requirements of Table 1111-1.
(c) Prohibited Structures for Accessory Uses.
(1) Unless approved as a temporary use pursuant to this code, accessory structures that are constructed with fabric, canvas, tarpaulin, or other similar materials shall be prohibited. Inflatable garages or storage structures shall also be prohibited
(2) Portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as permanent accessory structures in any residential district or the C-2, C-3, or C-4 zoning districts. Temporary storage in portable storage units is permitted in accordance with Section 1111.02.
(d) Accessory Uses in the Planned Unit Developments.
(1) The types of accessory uses allowed in a PUD shall be considered as part of the PUD review. Generally:
A. Accessory uses for single-family residential dwellings shall be those allowed in the R District.
B. Accessory uses for multi-family residential dwellings shall be those allowed in the M-1 District.
C. Accessory uses for nonresidential uses shall be those allowed in the C-3 District.
(2) The Planning Commission and Village Council may approve alternative accessory uses and structures within a PUD if allowed as part of the PUD Development Plan approval process.
(e) Permitted Accessory Uses. The following is an explanation of Table 1111-2.
(1) The symbols for permitted uses (P), permitted uses with standards (PS), conditional uses (C), and prohibited (XX) are defined in the same manner as Section 1107.05(b).
(2) Yards Permitted. This column identifies within which yards the use may be permitted. See the use-specific standards for any restrictions related to placement in individual yards.
(3) Zoning Compliance Review Required. A "Yes" in the "Zoning Compliance Review Required" column shall mean that the applicable accessory structure or use requires zoning compliance review in accordance with Section 1105.06 in order to be constructed.
(4) Use-Specific Standards. The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the listed accessory use or structure. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
(5) Similar Use Determination and Unlisted Uses. The determination of whether a proposed accessory use or structure is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section shall be made in the same manner as principal uses. See Section 1107.05(d).
TABLE 1111-2: ACCESSORY USES AND STRUCTURES | |||||
P=Permitted Use PS=Permitted Use with Standards C=Conditional Use XX=Prohibited Use | |||||
Accessory Use or Structure | R and M-1 | C-2, C-3, C-4, I-1, and P-I | Zoning Compliance Review Required | Yards Permitted F=Front S=Side R=Rear | Use-Specific Standards in Section: |
Accessibility Ramps | PS | PS | No | F, S, or R | 1111.01(f)(1) |
Amateur Radio Antennas | PS | PS | Yes | S or R | 1111.01(f)(2) |
Automatic Teller Machines (ATM) | XX | PS | Yes | F, S, or R | 1111.01(f)(3) |
TABLE 1111-2: ACCESSORY USES AND STRUCTURES | |||||
P=Permitted Use PS=Permitted Use with Standards C=Conditional Use XX=Prohibited Use | |||||
Accessory Use or Structure | R and M-1 | C-2, C-3, C-4, I-1, and P-I | Zoning Compliance Review Required | Yards Permitted F=Front S=Side R=Rear | Use-Specific Standards in Section: |
Community Gardens | PS | PS | Yes | F, S, or R | 1111.01(f)(4) |
Detached Accessory Buildings | PS | PS | Yes | R | 1111.01(f)(5) |
Drive-Through Facilities and Pick-Up Windows | XX | PS | Yes | F, S, or R | 1111.01(f)(5)G |
Home Occupations | PS | XX | Yes | Interior Use | 1111.01(f)(7) |
Nursery Schools or Day Care Centers | PS | PS | Yes | Interior Use | 1111.01(f)(8) |
Outdoor Dining | XX | PS | Yes | F, S, or R | 1111.01(f)(9) |
Outdoor Display or Sales | XX | PS | Yes | F, S, or R | 1111.01(f)(10) |
Outdoor Drop Boxes | XX | PS | Yes | F, S, or R | 1111.01(f)(11) |
Outdoor Storage and Bulk Sales | XX | PS | Yes | S or R | 1111.01(f)(12) |
Outdoor Vending Machines | XX | PS | No | See Section 1111.01(f)(13). | |
Patios, Porches, and Decks | PS | PS | See Section 1111.01(f)(14). | ||
Playsets, Treehouses and Trampolines | PS | XX | See Section 1111.01(f)(15). | ||
Raising of Livestock | PS or C | XX | Yes | R | 1111.01(f)(16) |
Recreational Courts | PS | PS | Yes | R | 1111.01(f)(17) |
Retail Commercial Uses | XX | PS | Yes | Interior Use | 1111.01(f)(18) |
Satellite Dishes | PS | PS or C | See Section 1111.01(f)(19). | ||
Solar Panels | PS | PS | See Section 1111.01(f)(20) | ||
Swimming Pools | PS | PS | Yes | R | 1111.01(f)(21) |
Type-B Day Care Homes | PS | XX | Yes | Interior Use | |
(f) Standards for Specific Accessory Uses and Structures. The following requirements apply to the specific types of accessory uses and structures listed, in addition to the requirements of Section 1111.01(b).
(1) Accessibility Ramps.
A. Ramps that provide access to buildings for the disabled are permitted in all zoning districts and may encroach in all setbacks but shall not encroach on a public sidewalk, right-of-way, or street.
B. Such ramps shall be an open structure without a roof.
(2) Amateur Radio Towers and Antenna.
A. No more than one (1) amateur radio tower and/or antenna shall be permitted on each lot.
B. Ground-mounted amateur radio towers, antennas, and related guy wire anchors must be located in the rear yard.
C. Building-mounted amateur radio towers and antennas must be located to the rear of the centerline of the principal building.
D. Such a tower shall not exceed sixty-five (65) feet in height or the maximum height of the applicable zoning district, whichever is greater. The measurement shall be made from the grade directly beneath the tower to the highest point on the antenna or tower, whichever is the tallest point of the structure.
E. Antennas and guy wire anchors shall not overhang or otherwise be located within required accessory structure setbacks or on adjacent lots.
F. When an amateur radio tower and antenna are no longer being used by an FCC amateur radio license holder for amateur radio service, the tower and antenna must be removed no more than 180 days after cessation of the FCC license or the transfer of property ownership or lease to an individual without an FCC license.
G. Amateur radio towers and antennas that do not comply with the provisions of this section shall require a conditional use approval. The application for a conditional use approval for amateur radio towers and antennas must demonstrate that compliance with the provisions of this section would prevent the amateur radio operator from exercising the rights granted to them by the FCC or the State of Ohio by license or law. If the Planning Commission determines that expertise beyond that of Village staff is necessary to determine compliance with this criterion, then the applicant shall reimburse the Village for any expenses necessary for hiring a third-party consultant to make this determination.
(3) Automatic Teller Machines (ATM).
A. ATMs that are attached to or located within a principal building shall be regulated as part of the principal building.
B. ATMs that are located in a structure or building independent of any other use or activity (stand-alone ATMs) are only permitted in the C-2 and C-3 Districts and shall be subject to the following:
i. The ATM should be located in a manner that provides for safe pedestrian and vehicular movement.
ii. There should be adequate and safe standing space for persons waiting to use the facility with adequate lighting and located to be visible and open to the general public for surveillance purposes.
C. ATMs shall include machines that are fully automated, without input from a teller, or ones that are operated virtually by a person not located on-site, sometimes referred to as an interactive teller machine.
(4) Community Gardens.
A. Community gardens may be allowed as an accessory use when associated with public or institutional principal use (e.g., religious institution or educational facility).
B. Community gardens may be located in an open space area of a PUD if the space is maintained by a homeowners' association.
C. The owner of the property shall have an established set of operating rules addressing the governance structure of the garden; hours of operation; maintenance and security requirements and responsibilities; and distribution of garden plots.
D. The name and telephone number of the owner and any person designated as the person in charge of garden coordination, along with a copy of the operating rules, shall be kept on file in the offices of the Village Administrator.
E. The site shall be designed and maintained so that water, pesticides, and fertilizer will not drain onto adjacent properties.
F. There shall be no retail sales on site except for produce grown on the site.
G. Benches, bike racks, raised/accessible planting beds, picnic tables, seasonal farm stands, garden art, and rain barrel systems may be permitted if the community garden is located on a lot where the principal use of the lot is public, institutional, or commercial.
(5) Detached Accessory Buildings.
A. The provisions of this section shall apply to any accessory building not identified elsewhere in Table 1111-2 that may include detached garages and carports, detached storage or utility sheds, gazebos, pergolas, pool houses, and other similar buildings, as determined by the Village Administrator.
B. In residential zoning districts, the maximum height of an accessory building shall be twenty (20) feet. In nonresidential zoning districts, the maximum height of an accessory building shall be the same height as the maximum building height allowed in Section 1113.01(e).
C. Detached garages and carports shall be served by a paved driveway.
D. Detached accessory buildings shall include accessory structures that are enclosed, regardless of the materials used for the enclosure, including, but not limited to, screen porches, hoop houses, and greenhouses.
E. Portable carports and sheds shall be considered accessory buildings and subject to these requirements.
F. Table 1111-3 establishes the maximum gross floor area of accessory buildings in the R District. In no instance shall an accessory building have a gross floor area that exceeds fifty percent (50%) of the square footage of the principal dwelling.
TABLE 1111-3: MAXIMUM FLOOR AREA OF ACCESSORY BUILDINGS | ||
Lot Area in R District | Maximum Square Feet of All Accessory Buildings | |
Lot Containing a Dwelling with an Attached Garage | Lot Containing a Dwelling without an Attached Garage | |
Up to 15,000 Square Feet | 600 | 800 |
15,001 to 43,560 Square Feet | 800 | 1,000 |
43,561 to 87,120 Square Feet | 1,250 | 1,500 |
87,121 Square Feet or Larger | 1,500 | 2,000 |
G. In the R District, all detached accessory buildings shall be set back a minimum of five (5) feet from the side and rear lot lines if the lot is less than one acre in area or ten (10) feet if the lot area is one acre or larger. In no case shall an accessory building be located in a utility easement.
H. In all zoning districts except the R District, all detached accessory buildings shall meet the setback requirements for the principal use as established in Section 1113.01(d).
(6) Drive-Through Facilities and Pick-Up Windows.
A. The following standards shall apply to businesses that contain a drive-through facility:
i. Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 100 feet of any residential dwelling unit.
ii. All drive-through areas, including but not limited to drive-through signs, waiting lanes, trash receptacles, audio equipment, drive-up windows, and other objects associated with the drive-through area, shall be located in the side or rear yard of a property to the maximum extent feasible, and shall not cross, interfere with, or impede any public right-of-way.
iii. If the drive-through window, drive-through signage, or any audio equipment are located in the front yard, they shall be screened with an opaque, landscaped screen with a height that will fully screen the window, signage, or audio equipment. Such screening shall not be required for waiting spaces that are located in a front yard.
iv. Drive-through facilities shall be required to include vehicle waiting spaces as established in Section 1119.07.
B. The following standards shall apply to pick-up windows where there is no vehicular access to the window.
i. Pick-up windows are a permitted accessory use in connection with any restaurant, microbrewery, microdistillery, or microwinery. Such use will require zoning compliance review.
ii. Pick-up windows, and other objects associated with the pick-up window, shall be located in the side or rear yard of a property to the maximum extent feasible and shall not cross, interfere with, or impede any public right-of-way.
C. The Planning Commission may impose restrictions on the hours of operation for drive-through facilities and pick-up windows in order to ensure minimal adverse impact on adjacent uses, particularly residential uses.
(7) Home Occupations. The following standards for home occupations are intended to provide reasonable opportunities for employment within the home while avoiding changes to the residential character of a dwelling that accommodates a home occupation or the surrounding neighborhood, where allowed by this section.
A. General Standards.
i. The home occupation shall be clearly secondary to the full-time use of the property as a residence.
ii. All home occupations shall require zoning compliance review.
iii. Permitted home occupations shall not create an adverse effect on the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining properties. The residential building shall not be altered in any manner that is intended to change the residential appearance of the dwelling to a building with a commercial appearance. There shall be no separate entrance created solely for the home occupation.
iv. All home occupation activities shall take place in the dwelling, and there shall be no use of an outdoor area or accessory structures for the home occupation, including for storage of materials, goods, supplies, or equipment. A home occupation may be permitted in an accessory building if approved by the Planning Commission through a conditional use approval.
v. The sale of goods or services shall be limited to:
a) Products that are produced or processed on the premises; or,
b) The sale of goods as part of a mail order, online business, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.) where there is no stock-in-trade on the site.
vi. No equipment shall be used which will create any dust, noise, odors, glare, vibrations, or electrical disturbances beyond the lot.
vii. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
viii. Only residents of the dwelling shall operate the home occupation plus up to one employee who is not required to live in the dwelling.
ix. The operator of a home occupation in a rental unit shall be able to demonstrate that the property owner has authorized the use of the unit for a home occupation.
x. No more than twenty percent (20%) of the floor area of the dwelling unit shall be devoted to such home occupations.
xii. No additional off-street parking or loading facilities shall be provided beyond that traditionally used for residential uses. No additional driveways shall be established for the use of the home occupation.
xiii. Traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood.
xiv. There shall be no window display or outdoor storage, or display of equipment, materials, or supplies associated with the home occupation.
xv. When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Village Administrator.
B. Examples of Allowed Home Occupations. The following home occupations are examples of those that may be allowed without zoning compliance review, provided they comply with this code:
i. Handcrafts, as well as arts and craft work including, but not limited to, baking, ceramics, soap making, candy or snack making, jewelry making, pottery, painting, photography, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, and sculpting;
ii. Office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, realtor, consultant, counselor, insurance agent, planner, tutor, or writer, provided no clients meet at the dwelling;
iii. Any home occupation that provides services where members of the public visit or enter the premises if designed to accommodate one customer at a time and which meets all other applicable requirements for home occupations including, but not limited to, fitness/health training, beauty parlors, barber shops, animal grooming (no overnight boarding), or licensed massage or physical therapy;
iv. Mail order, online businesses, or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.); and
v. Other similar uses as determined by the Village Administrator.
C. Prohibited Home Occupations. The following are business activities that are prohibited as home occupations:
i. Animal hospitals and boarding facilities;
ii. Automotive and other vehicle repair and service, except when such repair or service is within an attached garage, and the vehicle is owned or leased by the occupant of the dwelling units.
iii. Construction, landscaping, or similar contractor facilities and storage (an office-only use is allowed in compliance with the above section) and other outdoor storage;
iv. Fitness/health facilities that provide group activities or services;
v. Medical clinics, laboratories, or doctor's offices;
vi. Parking on, or dispatching from, the site, any vehicle used in conjunction with the home occupation (e.g., landscaping services, taxi services, construction, etc.) with the exception of a vehicle owned and operated by the homeowner or tenant;
vii. Uses that require explosives or highly combustible or toxic materials;
viii. Welding and machine shop operations;
ix. Wood-cutting businesses; or
x. Other similar uses as determined by the Village Administrator.
(8) Nursery Schools or Day Care Centers. Nursery schools or day care centers may only be permitted as accessory uses to permitted and conforming nonresidential uses. Such use shall be located within the principal building.
(9) Outdoor Dining.
A. Outdoor dining areas shall be located along a sidewalk adjacent to the principal building the dining is connected with or between the principal building the dining is connected with and an adjacent parking area.
B. Outdoor dining areas shall not be located in such a manner as to require customers and employees to cross driveways or parking areas to go between the café/food service area and the principal building.
C. Outdoor dining areas shall not be located within ten (10) feet of a fire hydrant, fire department standpipe connection, fire escape, bus stop, loading zone, mailboxes, or traffic signal stanchions.
D. If no grade separation is provided between vehicular traffic and the outdoor dining area, permanent railings or fencing shall be provided around the dining area. If the outdoor dining area is adjacent to a street or area that is closed to vehicular traffic, no railing or fencing shall be required.
E. Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital, or any other individual, group, or mechanical device, shall not be permitted in any outside dining area if the noise from such entertainment is of such a volume so as to cause a disturbance to abutting property owners. The addition of this activity to an existing use shall require approval through site plan review.
F. If the outdoor dining area is located on a sidewalk, the area shall be designed so there is a minimum of five (5) feet of clearance adjacent to the dining area to allow for safe pedestrian circulation. Furniture or elements of the outdoor dining shall also not block any areas of ingress or egress from the principal building.
G. Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.
H. Enclosing outdoor dining areas either by a permanent roof or to expand the existing structure shall meet all the requirements of a building within the applicable zoning district and shall require authorization to proceed through zoning compliance review in accordance with this code.
I. Where an outdoor dining area is located in a right-of-way, the permittee shall hold harmless, indemnify, and defend Sheffield Village from and against any and all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, consequential or otherwise, including reasonable attorneys' fees, which may in any way arise out of or be connected with the authorization to proceed through zoning compliance review, in accordance with this code, which may in any way result therefrom, or from any act or failure to act by the permittee, its agents or employees.
J. The Village shall have the right and power, acting through the Village Administrator, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area. Such problems and conflicts include, but are not limited to, scheduled festivals and similar events or parades or marches, repairs to the street or sidewalk, or demonstrations or emergencies occurring in the area.
(10) Outdoor Displays and Sales. Seasonal and permanent facilities for outdoor display and sales (e.g., garden supply sales, news and flower stands, and similar uses) that are accessory to another principal use may be permitted upon compliance with the following:
A. Such uses shall not be placed within the street right-of-way, within an interior drive, or in a location that will interfere with the vision clearance requirements.
B. Outdoor displays and sales shall be related to the principal use of the site and shall clearly be accessory and incidental to the principal use. Outdoor displays and sales shall be prohibited when the principal building is vacant.
C. Outdoor displays and sales areas shall not cover an area that exceeds twenty-five percent (25%) of the ground floor area of the principal building.
D. Outdoor displays and sales areas shall be shown on the site plan.
E. Outdoor display and sales areas may be permitted in the front yard, provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building. Outdoor display and sales areas may also be permitted in the side or rear yard without being located adjacent to the building. In all cases, the displays and sales areas shall be spaced a sufficient distance from the building, as dictated by the Fire Department, to satisfy all fire safety requirements.
F. The placement of the merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of five feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.
G. In all cases, any areas designated for outdoor display or sales shall be set back a minimum of twenty-five (25) feet from any adjacent lot lines of lots in residential zoning districts.
H. The outdoor display and sales areas shall be maintained in good order and appearance.
I. The outdoor display and sale of goods and products shall be limited to those goods and products that a customer can typically pick up and carry into the building for purchase. Larger items may be displayed for sale if in compliance with the outdoor storage requirements of Section 1111.01(f)(12).
J. The maximum length of time for outdoor displays and sales shall be ninety (90) days unless the Planning Commission approves an alternative time limit as part of the site plan review.
(11) Outdoor Drop Boxes. Outdoor drop-off boxes for recycled goods, books, donations, etc., may be permitted when they comply with the following regulations.
A. No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location that will interfere with required intersection visibility requirements in Section 1113.02.
B. The facility or equipment shall be maintained in good operating order and appearance.
C. Drop-off boxes shall only be permitted in nonresidential zoning districts.
D. One drop-off box shall be allowed in the front yard. Any additional drop-off boxes shall be located in the side or rear yard.
E. The container shall be emptied at least once every week. Containers that result in the overflow of donated goods shall be declared a nuisance and shall be removed immediately upon notification by the Village Administrator at the expense of the property owner or business owner.
F. Drop-off boxes shall include the name and contact information of the person who owns or maintains the box.
G. The Village shall have the authority to place more than one drop-off box on a single lot when providing recycling services to the general public.
(12) Outdoor Storage and Bulk Sales.
A. Outdoor storage and bulk sales shall comply with the standards of outdoor displays and sales unless otherwise modified by this section.
B. Outdoor storage and bulk sales in a parking lot shall be prohibited unless allowed as part of a temporary event.
C. The area of the lot devoted to outdoor storage of goods and merchandise shall not exceed fifty percent (50%) of the ground floor area of the principal building.
D. Outdoor storage and bulk sales areas shall be shown on the site plan.
E. Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust. Outdoor storage may be located on areas paved with gravel in the industrial districts if the storage is set back a minimum of 200 feet from any adjacent lot lines of lots in residential zoning districts.
F. The storage of radioactive, toxic, or otherwise hazardous materials shall not be permitted.
G. Areas devoted to outdoor storage or bulk sales shall be located in a side or rear yard so that it is behind the principal building and not visible from any public street unless the storage is located on a corner lot.
H. The storage or sales areas shall comply with the principal building setbacks for the applicable zoning district.
I. The maximum length of time for outdoor storage and bulk sales shall be ninety (90) days unless the Planning Commission approves an alternative time limit as part of the site plan review, including a permanent location for outdoor storage and bulk sales.
J. The outdoor storage of fleet vehicles used in the operation of a principal use is permitted in the side or rear yards with reduced setbacks provided such area complies with the vehicular use setbacks established in Section 1119.03.
K. Screening.
i. All aspects of outdoor storage and bulk sales of goods and materials shall be screened in accordance with Section 1117.06, with the exception that the outdoor storage of fleet vehicles shall not require special screening.
ii. If the wall or fence needs to exceed eight (8) feet in height to conceal the storage of materials, such a wall or fence shall be constructed of materials similar to the principal building so that it appears to be an extension of the principal structure.
iii. All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
(13) Outdoor Vending Machines. Outdoor vending machines may be permitted when they comply with the following regulations.
A. No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location that will interfere with required intersection visibility requirements in Section 1113.02.
B. The facility or equipment shall be maintained in good operating order and appearance.
C. Vending machines shall only be permitted in nonresidential zoning districts.
D. Vending machines shall only be placed along the facade of the principal building. See Figure 1111-A.
Figure 1111-A: The above is an image of one vending machine that is
appropriately located along the facade of the building.
(14) Patios, Porches, and Decks.
A. Patios without a roof, building, or structure are permitted in any yard. Where a building or structure is placed on a patio, such building or structure may only be located in the yards where those buildings or structures are permitted.
B. Patios shall be set back five (5) feet from all lot lines if the applicable lot is less than one acre or ten (10) feet from all lot lines where the lot is one (1) acre or larger. Patios shall not cover any easements. Patios shall not be used in the calculation of any building coverage calculations.
C. Decks and porches shall comply with the principal building setbacks of the applicable zoning district.
D. Patios, decks, and porches may have built-in grills, kitchen areas, or living areas, but such activities shall only be permitted in the side yard or rear yard only, provided such use complies with any applicable building code requirements.
E. Patios, decks, and porches may have seating in any yard the patio, deck, or porch is permitted and located.
F. Rooftop decks in nonresidential districts shall be regulated as part of the principal building.
(15) Playsets, Treehouses, and Trampolines.
A. If a playset or treehouse has more than 100 square feet of enclosed play area, the use shall require authorization to proceed through zoning compliance review in accordance with this code and be reviewed in the same manner as a "detached accessory building." As such, any playset or treehouse that has more than 100 square feet of enclosed play area shall also count toward the maximum square footage of detached accessory buildings. Such area shall be measured by the smallest square or rectangle around the bottom of the playset or treehouse.
B. Smaller structures shall not require zoning compliance review.
C. Treehouses, trampolines, enclosed play areas, and permanently sited playsets shall be located in the side or rear yard only. Portable playsets may be located in the side or rear yard.
(16) Raising of Livestock. The raising of livestock in Sheffield Village is allowed in accordance with the following standards as a permitted accessory use. Additional livestock animals than provided below may be allowed on a lot if approved as a conditional use.
A. The keeping of up to six (6) chickens is permitted on any lot in the R District, provided the raising of such chickens complies with the following:
i. The principal use is a single-family dwelling on a lot;
ii. The raising or keeping of roosters is prohibited;
iii. No person shall slaughter any of the livestock for commercial sales;
iv. Housing shall be provided for the enclosure of all animals; however, the lot shall also include sufficient adjacent land for an outdoor run or pasture. Such outdoor area shall be enclosed with fencing. The permitted size and location of chicken coops and chicken runs are as follows:
a) The housing enclosure shall be of a size sufficient for the number and types of animals to be maintained on the lot.
b) The housing enclosure and outdoor run or pasture area shall be set back a minimum of ten (10) feet from the nearest lot line and twenty (20) feet from any adjacent dwelling unit and street right-of-way;
c) The maximum floor area of any enclosure shall be 200 square feet, where no individual façade dimension exceeds twenty (20) feet in length. Such enclosures shall be subject to the permit, size, number, and accessory building standards of Section 1111.01(f)(5).
d) The enclosed run or pasture area shall be appropriately fenced to prevent the animals from leaving the lot;
e) Housing enclosures and outdoor areas shall not be visible from the street and may be buffered from view using fencing or landscape materials.
f) Free-range animals are prohibited, meaning that all animals must be limited to their housing enclosure or outdoor area approved as part of these regulations.
v. All animal feed shall be kept in a predator-proof/rodent-proof container.
vi. Waste material must be disposed of in a manner that will not cause odor or attract flies or vermin.
vii. All areas where livestock animals are kept shall be maintained to be neat and clean and free of undue accumulation of waste, such as to prevent odors from being detectable on adjacent property.
viii. The raising of livestock shall also be subject to Section 505.08 of the Code of Ordinances, as may be applicable.
B. For lots of two (2) acres or more, the number of chickens permitted may be increased to a maximum of six (6) chickens per acre. The raising of chickens shall be subject to all of the regulations of this section.
C. The raising of other livestock is permitted on lots of two (2) acres or more in the R District, provided such activity complies with the following:
i. A maximum of one (1) horse, cow, goat, or similar livestock is permitted on any lot of two (2) acres or more. For each full acre of land that exceeds two (2) acres, one additional livestock animal is permitted.
ii. The care and housing of such animals shall be subject to Section 505.11 of the Code of Ordinances, regardless if the animal is a horse or not.
(17) Recreational Courts. Outdoor tennis courts and courts for other sports, including basketball and racquetball, that are accessory to a residential or nonresidential use shall comply with the following requirements:
A. Tennis courts or other recreational courts that exceed 900 square feet shall only be permitted on lots with a minimum lot area of one (1) acre. Any court that is 900 square feet or less may be permitted on any lot size, provided it complies with all other applicable provisions of this code.
B. The court shall be set back a minimum of ten (10) feet from all lot lines.
C. All fencing shall be subject to the fence regulations in Section 1113.05, except that fencing that surrounds a tennis or recreational court may exceed the maximum fence height of this code, provided that the fencing is located adjacent to the edge of the court.
D. Any lighting for the court shall not exceed twenty (20) feet in height and shall be directed downward and only illuminate the court. All exterior lighting shall comply with Section 1113.03.
(18) Retail Commercial Uses. Retail commercial uses are permitted in the I-1 and P-I Districts provided:
A. Such uses are an accessory use to an approved principal use;
B. The uses are located completely within a principal building of a nonresidential use;
C. In the I-1 District, the retail use shall be for the sale of goods and products manufactured on-site; and
D. The total floor area of accessory uses shall not exceed fifteen percent (15%) of the total gross floor area of the principal building.
(19) Satellite Dishes.
A. Satellite dishes of one (1) meter in diameter or less shall be exempt from the provisions of this section and shall not require zoning compliance review.
B. To the maximum extent feasible, the dish should be located in the side or rear yard.
C. Mounting brackets shall be removed whenever a satellite dish is removed.
D. Satellite dishes larger than one (1) meter in diameter may be permitted if approved by the Planning Commission as a conditional use in any nonresidential zoning district. Zoning compliance review shall be required if the conditional use is permitted. Such dishes shall be set back ten (10) feet from all lot lines.
(20) Solar Panels.
A. Freestanding solar panels shall be limited to a maximum height of ten (10) feet. Such freestanding solar panels shall be located in the rear yard, where they shall be set back a minimum of twenty-five (25) feet and shall not cover more than 200 square feet in lot area.
B. Roof-mounted solar panels on the front side of a roof facing a street shall be flush-mounted to the roof.
C. Roof-mounted solar panels that do not face a street may be mounted flush or at an angle to the roof but shall not exceed thirty-six (36) inches in height from the roof plane as measured from the roof plane to the furthest point of the solar panel.
D. Roof-mounted solar panels shall require zoning compliance review or may be reviewed simultaneously as part of the zoning compliance review for the principal building if constructed at the same time.
(21) Swimming Pools.
A. The following standards shall apply to all types of pools permitted in Sheffield Village:
i. A building permit shall be obtained from the Building Department before the construction of a swimming pool is begun.
ii. A swimming pool shall not exceed fifty-four (54) inches in height above ground. Slides associated with pools shall be exempt from this height requirement.
iii. All swimming pool construction and operation shall be in accordance with standards and regulations established by the Board of Health having jurisdiction within the Village, the Building Code, and any other governmental regulations governing the construction and operation of such facilities.
iv. Any outdoor swimming pool, as defined in this subsection, shall be surrounded by a barrier that shall comply with the following:
a) Every swimming pool shall be completely enclosed by a fence and/or structure of sturdy construction at least forty-eight (48) inches in height, measured from the ground level at each point along the boundary of such enclosure. The enclosure may surround the pool area or the entire yard. The enclosure shall be of such design as to prevent young children from crawling or otherwise passing through, under, or over such enclosure without the use of a ladder or other implement. Openings in the barrier shall not allow passage of a four (4)-inch diameter sphere.
b) Access gates into such enclosures shall be self-closing and have a self-latching device.
c) Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps shall be capable of being secured, locked, or removed to prevent access.
d) The required barrier must be installed prior to filling the pool with water.
e) Automatic pool covers are permitted, but the barrier requirements of this section shall still apply.
f) A spa or hot tub with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
v. Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.
vi. Lighting shall be shaded so as not to be a disturbance to adjacent properties.
vii. Any sound of motors or pumps in such a manner as to disturb the peace, quiet, and comfort of neighboring inhabitants shall be shielded to prevent such disturbances.
viii. All swimming pools shall be set back a minimum of ten (10) feet from all lot lines as measured from the edge of the water. Usual and customary pool equipment and accessories (such as a pool deck, a diving board, or a filtration house) not exceeding five (5) feet in height may be located in the rear yard but shall be no closer than five (5) feet from any lot line on lots of less than one acre and ten (10) feet from any lot line on lots of one (1) acre or larger.
B. For the purpose of this code, swimming pools shall be further classified and regulated as follows:
i. Private Pools. Any constructed or manufactured pool, both permanent and temporary, not located within an enclosed building and which is used or intended to be used as a swimming pool in connection with residential dwellings and is available only to the residents and their private guests shall be classified as a private swimming pool and shall be regulated by this subsection.
ii. Club or Community Pools
a) Club pools may be located in a residential district provided the lot on which it is located is not less than three acres and access to it is provided only from a major arterial or collector street.
b) Commercial pools are pools open for paying members that are part of a nonresidential use or otherwise located in any nonresidential zoning district.
c) The pool, accessory buildings, structures, or other equipment shall be located not less than fifty (50) feet from any adjacent residential lot line. This setback shall be measured from the edge of the water.
d) At least one-half of an off-street parking space shall be provided for each member or resident of the development where a club pool is to be located. Such spaces shall be located not less than twenty (20) feet from any adjoining residential lot line and constructed as required in Section 1119.03.
(Ord. 2879. Passed 10-23-23.)
(a) Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses and structures do not negatively affect adjacent properties, and provided that such uses or events are discontinued upon the expiration of a set time period. Temporary uses and structures shall not involve the construction or alteration of any permanent building or structure.
(b) General Standards Applicable to All Temporary Uses and Structures.
(1) All temporary uses and structures shall be reviewed in accordance with this section and all other applicable sections of this code.
(2) All temporary uses and structures shall:
A. Require authorization to proceed through zoning compliance review unless otherwise specifically stated;
B. Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
C. Be compatible with the principal uses taking place on the site;
D. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
E. Not include permanent alterations to the site;
F. Not maintain temporary signs associated with the use or structure after the activity ends;
G. Not violate the applicable conditions of approval that apply to a site or use on the site;
H. Not interfere with the normal operations of any permanent use located on the property; and
I. Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate parking and traffic movement.
(3) Temporary tents or structures related to a special event that is approved in accordance with this section shall be reviewed as part of that event. Tents, seasonal covers, and temporary carports that are not part of a special event shall be reviewed as an accessory use.
(4) Rummage and garage sales are allowed in accordance with Chapter 761 of the Code of Ordinances.
(c) Permitted Temporary Uses and Use-Specific Standards.
(1) Gravel Surface Parking Lot.
A. A gravel surface parking lot may be permitted while a site is under construction but shall only be permitted in areas for parking as established in the approved plans associated with the site plan approval or zoning compliance review, as applicable.
B. The gravel parking area must be paved in accordance with Section 1119.03(f) or the approved plans prior to occupancy. The applicant may also remove the temporary gravel surface parking lot as an alternative to paving, but in such case, the area that was used as a gravel lot shall be returned to its previous state or as a landscaped area.
C. A solid surface or gravel driveway shall be provided so vehicles may access the parking lot from a public street.
(2) Temporary Structures for Construction Purposes. Temporary structures for construction operations may be permitted in any district if such structures are deemed necessary, provided:
A. The use of such structures shall be limited to offices, buildings for the storage of lumber, equipment, or other building material, temporary toilets, and construction dumpsters.
B. All temporary structures shall be set back a minimum of twenty-five (25) feet from the nearest occupied residential dwelling.
C. No structure may be placed on the site any sooner than two (2) weeks before the start of grading or construction.
D. The structure shall not be located within a floodplain, in the right-of-way, or in any other location that will obstruct drainage or traffic flow.
E. The structure shall not block or prevent access to any fire hydrant.
F. All temporary structures for construction operations shall be removed within thirty (30) days after the completion of work on the premises or in the subdivision for which a certificate has been issued or if construction is not pursued diligently. In no instance shall zoning compliance review for the construction structure allow for its placement for longer than three years.
G. For real estate offices and/or model homes, the following shall apply:
i. The office or model home shall be identified on the improvement plans approved by Village Council.
ii. One temporary real estate sales office or model home per builder or developer, shall be permitted in a section or phase of a new residential or nonresidential development.
iii. The office or home shall be located on a lot approved as part of the subject development or subdivision.
iv. The office or homes shall be operated by a developer or builder active in the same phase or section where the use is located.
v. The office shall be removed, if not within a home, or the model home shall be converted into a permanent residential use once eighty percent (80%) occupancy in the section or phase of the development is reached. For the purposes of these standards, occupancy shall include both the physical occupancy of buildings by the resident or tenant or the sale of a completed building to a private party beyond the builder or developer.
(3) Portable Storage Units. The placement and use of portable storage units shall comply with the following:
A. Only one portable storage unit shall be permitted on a single lot at any one time.
B. Portable storage units shall not exceed eight (8) feet in width or height and sixteen (16) feet in length.
C. Portable storage units shall be permitted on any one lot for a total period of thirty (30) days per calendar year.
D. Portable storage units shall be placed on a paved surface.
E. Portable storage units shall not be located in the floodplain, block a drainage path, and shall not block sidewalks, fire lanes, or bike paths.
F. Portable storage units that are placed on a lot for more than one (1) day shall require zoning compliance review.
G. No part or former part of a semi-trailer or trailer shall be utilized as a portable storage unit or permanent accessory structure in any zoning district. A trailer or semi-trailer with all wheels and tires and a valid license may be utilized as a portable storage unit but shall conform to all requirements for portable storage units.
(4) Temporary Events. A temporary event may be permitted in compliance with the following:
A. The following activities shall be exempt from these temporary use regulations but may still be subject to other sections of this code.
i. Any event sponsored in whole or in part by the Village, Lorain County, State of Ohio, or United States government or the school district.
ii. Any organized activities conducted at sites or facilities typically intended and used for such activities, including, but not limited to, sporting events such as golf, soccer, softball, and baseball tournaments conducted on courses or fields intended and used for such activities and religious services, wedding services, and funeral services conducted at places of worship.
B. Temporary outdoor sales of agricultural products are subject to the provisions of this section.
C. Such activities shall not be conducted in the public right-of-way unless the appropriate license is obtained from the Village.
D. Temporary Event (Limited Impact).
i. A temporary event with limited impact may be permitted with a special event permit, approved by the Mayor, for a maximum of two (2) times per calendar year on any single lot. Such events shall be subject to the general standards for all temporary uses.
ii. The authorization of a temporary event with limited impact shall not exceed three (3) consecutive days per occurrence.
iii. Any temporary event that involves the sale of alcoholic beverages, attendance of over fifty (50) people at one time, overnight stays, or that exceeds three consecutive days in length shall only be permitted if approved as a temporary use with extensive impact.
E. Temporary Event (Extensive Impact).
i. Any temporary event that is not classified as a temporary event with limited impact or that is not specifically exempted or prohibited by this code shall be classified as a temporary event with extensive impact and shall require additional approvals as follows:
a) If the event lasts more than three (3) days but no longer than sixty (60) days, the event may only be authorized if approved by the Mayor, Village Administrator, Village Administrator, Building Inspector, Fire Chief, and Police Chief in compliance with the provisions of this code.
b) If the event is intended to last for more than sixty (60) days, then the event may only be authorized if approved as a conditional use approval in accordance with Section 1105.04 and in compliance with the provisions of this code.
ii. The temporary event shall not create an unreasonable risk of significant:
a) Damage to public or private property beyond normal wear and tear;
b) Injury to persons;
c) Public or private disturbances or nuisances;
d) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;
e) Additional and impracticable or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; and
f) Other adverse effects upon the public health, safety, or welfare.
iii. The applicant will be required to hire off-duty Sheffield Village law enforcement police officers to provide security for the event during all hours of operation. The number of officers required shall be determined by the Mayor and Police Chief based on the nature of the event.
iv. The temporary event shall not be of such a nature, size, or duration that the particular location requested cannot reasonably accommodate the event.
v. The temporary event shall not occur at a time and location that has already been permitted or reserved for another permitted temporary event.
vi. In approving the temporary event, the Mayor or Planning Commission, as may be applicable, is authorized to impose such conditions as may be necessary to reduce or minimize any potential adverse impacts upon other properties in the area. Such conditions may include, but are not limited to, conditions that address the following:
a) Provision of adequate vehicular ingress and egress;
b) Control of nuisance factors, such as but not limited to the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;
c) Regulation of temporary buildings, structures, and facilities, including placement, height, size, and location of equipment and open spaces, including buffer areas and other yards; and
d) Modification or elimination of certain proposed activities.
F. Compliance Required.
i. All permits for temporary special events issued pursuant to this section shall set forth the precise location of the event, duration of the event, hours of operation, and the specific type of activity to be conducted.
ii. Any applicant for a temporary outdoor special event permit shall provide satisfactory proof of liability insurance and shall return the property to its original condition upon the conclusion of the event.
iii. The failure on the part of any applicant to comply with the terms of the permit issued pursuant to this chapter shall result in the revocation of the permit and shall be subject to the provisions of Chapter 1127: Enforcement and Penalties.
(Ord. 2879. Passed 10-23-23.)