1133.04 AREA, YARD AND HEIGHT REGULATION; ACCESSORY USES.
   Accessory uses shall not be located in required yards except as permitted herein.
   (a)   Garages and other Accessory Uses. Each residential building shall have an attached garage providing a minimum of 420 square feet of area. The maximum area of an attached garage is limited only by the maximum main building coverage area as defined in Section 1133.03 (e). Garage doors cannot exceed eight (8) feet in height. There shall not be more than three (3) single garage doors facing any public street. For any lot fronting on two or more public streets, the total number of garage doors facing those streets shall not exceed three (3). Permitted garage doors facing the street may also be a combination of one double car garage door and a single garage door.
      (1)   Garages unattached to the dwelling may be permitted, but only as provided below, and shall be located in the rear yard, at least 15 feet from any main building.
      (2)   All accessory buildings, including unattached garages, shall be located in the rear yard and at least ten feet from any lot line except as modified in Section 1133.04(f). Accessory buildings shall not exceed fifteen feet in height above the finished grade.
      (3)   The combined floor area of all accessory buildings on a lot, including unattached garages, shall not exceed 500 square feet or sixty percent (60%) of the gross ground coverage of the principal building, whichever is less. The combined total of all accessory buildings shall not cover more than twenty percent (20%) of the rear yard.
      (4)   All accessory buildings or structures, including unattached garages, over 144 square feet in gross ground coverage, are conditionally permitted uses subject to approval of the Planning Commission pursuant to Section 1133.06, with notice to neighboring property owners in the manner provided in Section 1109.04(c).
   (b)   Driveways. Each residential building shall be served by a paved driveway located on the same lot and at least ten feet in width. Such driveway may be located in any required yard with the exception of side yards less than twelve feet in width. Additionally, each driveway shall be set back at least two feet from any residential building, except at the point of access to an attached garage, and a minimum distance of six feet from a driveway on an adjoining lot.
      (Ord. 14-2023. Passed 6-19-23.)
   (c)   Fences, Walls and Hedges. Fences, and walls shall be of uniform design and shall be well maintained. No fence, wall or hedge shall be in excess of forty (40) inches above established grade in a front or side yard abutting a street, whether the street is graded or not. No fence, wall or hedge shall obstruct the vision of street traffic.
Wire fences and solid fences shall only be permitted in rear yards except that they shall not be permitted in rear yards that abut Silver Lake or Crystal Lake or Intervening Property as defined in Section 1133.03(k). As in Section 1133.03(k), if the depth of the Intervening Property measures greater than 150 feet then this prohibition does not apply and fences of wire or solid design are permitted. Fences in the rear yards of the properties surrounding the two (2) lakes shall be black, ornamental fences and are conditionally permitted uses subject to approval of the Planning Commission, with notice to neighboring property owners in the manner provided in Section 1109.04 (c).
      (Ord. 47-2023. Passed 9-18-23.)
   (d)   Recreational Uses. All recreational uses are conditionally permitted uses subject to approval of the Planning Commission, with notice to neighboring property owners in the manner provided in Section 1109.04 (c).
      (1)   Swimming pools. Swimming pools shall be located only in rear yards and shall be a minimum distance of ten (10) feet from each lot line. Any swimming pool in which water may collect in excess of one and one-half (1 ½) feet shall be enclosed by a wall or fence not less than five (5) feet in height. A building or existing wall may be used as part of the enclosure. All gates providing access to the pool or pool area shall be of self-closing and self-latching construction with the latch at least four (4) feet from ground level, shall be designed to permit locking and shall be kept locked when the pool is not in actual use or is unattended. In no case shall the fence include design features that would facilitate its ascent or permit the passage of a child's body as determined by the Building Inspector.
      (2)   Recreation courts. Tennis, basketball and other recreation courts shall be located only in rear yards and shall be set back from each lot line a minimum distance of ten (10) feet, as measured from the enclosing fence, or if no fence is required, from the edge of the court surface. All lighting shall be compatible with the neighborhood, and subject to Planning Commission approval.
Tennis courts shall be enclosed by a metal link or mesh fence at least nine (9) feet in height but not more than twelve (12) feet in height above finished grade. None of the above regulations shall be deemed to prohibit placement of a basketball backboard on a garage wall, or roof.
      (3)   Other recreational uses. Other recreational uses such as hot tubs, skate board ramps, and any other recreational facility requiring construction thereof are conditionally permitted upon application to the Planning and Zoning Commission, and shall require a building permit based upon plans submitted by the owner or agent of the owner in compliance with the provisions above.
   (e)   Satellite Receivers, Dishes and Antennas. (Repealed) (EDITOR'S NOTE: Former subsection (e) hereof was repealed by Ordinance 89- 2017.)
   (f)   Accessory Uses Proximate to Silver Lake, Crystal Lake and the Cuyahoga River.
      (1)   Rear yards of lots which abut Silver Lake, Crystal Lake, or the Cuyahoga River shall comply with the provisions of Section 1133.03 of this code except as modified herein.
      (2)   Accessory uses on lots in the Residential District abutting the shoreline of Silver Lake, Crystal Lake or the Cuyahoga River shall be located no closer than forty (40) feet from the property line abutting such lake or river. Accessory uses on lots which would abut Silver Lake or Crystal Lake but for the existence of Intervening Property shall be located no closer than forty (40) feet from the property line abutting such Intervening Property or, if the depth of the Intervening Property measured from the historic shoreline of such lake is greater than 150 feet, then the accessory use setback from the property line shared with the Intervening Property shall be no less than 10 feet.
      (3)   All accessory uses on the lots in the Residential District abutting the shoreline or Intervening Property of Silver Lake or Crystal Lake located to the rear of main buildings shall be conditionally permitted uses subject to the approval of the Planning Commission, with notice to neighboring property owners in the manner provided in Section 1109.04(c).
   (g)   Beekeeping.
      (1)   All beehives (colonies) must be kept with movable combs in good condition.
      (2)   Allowed beehives:
         A.   One quarter (1/4) acre tracts or less: no more than two (2) hives.
         B.   More than one quarter (1/4) acre but less than one-half (½) acre tract size: no more than four (4) hives.
         C.   More than one-half (½) acre but less than one (1) acre tract size: no more than six (6) hives.
         D.   One (1) acre or longer tract size: no more than eight (8) hives.
      (3)   No hive shall be kept closer than fifteen (15) feet to any lot line or public right-of-way. The entrance of any hive shall face whichever lot line or public right of way is furthest from the beehive location or the residence. Bees shall only be kept in the rear yard.
      (4)   A solid fence of dense hedge, known as a "flyway barrier" at least six (6) feet in height shall be placed along the side of the bee hive that contains the entrance to the colony, and shall be located within five (5) feet of the hive and shall extend at least two (2) feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five (25) feet from all property lines, or for beehives that are located at least ten (10) feet above grade or for beehives with the sole opening pointed towards the residence of beekeeper.
      (5)   A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day. This water source must be closer than any other water source not owned by the property owner.
      (6)   No Africanized bees may be kept.
      (7)   All beekeeping shall be in compliance with applicable State of Ohio rules and regulations. Property owners keeping bees must post a copy of their certificate of registration from the Ohio Department of Agriculture on or near the hives.
      (8)   No sale of honey produced pursuant to the above regulations shall be effected within the boundaries of the Village of Silver Lake, since no commercial zoning district exists with the Village.
         (Ord. 14-2023. Passed 6-19-23.)