(a) Accessory Building. A single accessory building is permitted in addition to a private garage (as permitted under Section 772.06) for each zoning lot, as long as it conforms to Schedule 722.01 and the following:
(1) Accessory buildings shall not be permitted in front yards. When an accessory use is located within the principal structure, it shall conform to all yard requirements of the principal structure.
(2) Size. Such accessory building shall not exceed the maximum size in the Schedule 722.02:
SCHEDULE 722.02 SIZE OF ACCESSORY BUILDING
Lot Size | Calculation | Maximum Size of Accessory Building |
12,000 sq. ft. | 12,000 sq. ft. divided by 50 | = 240 sq. ft. |
9,000 sq. ft. | 9,000 sq. ft. divided by 50 | = 180 sq. ft. |
8,000 sq. ft. | 8,000 sq. ft. divided by 50 | = 160 sq. ft. |
7,500 sq. ft. | 7,500 sq. ft. divided by 50 | = 150 sq. ft. |
6,000 sq. ft. | 6,000 sq. ft. divided by 50 | = 120 sq. ft. |
4,800 sq. ft. | 4,800 sq. ft. divided by 50 | = 96 sq. ft. |
(i) For any lot 12,001 sq. feet or greater, the total lot size shall be divided by 50 to calculate the maximum size of the accessory building that is permitted on said lot.
(b) Child Day Care Home, as defined by Section 710.08(c)(4). Outdoor play areas shall be screened with a sight obscuring fence, wall or hedge, or with an open diamond mesh fence as regulated by Section 722.02(e).
(c) Home Based Businesses. Home based business are permitted provided that:
(1) The business does not alter the residential character of the structure;
(2) The dwelling is in continuous use as the established place of residence and primary dwelling of the business owner;
(3) Business operations shall cease when such use is deemed to be detrimental to the public health, safety, and welfare, or constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation;
(4) Activities do not include any of the following:
A. Any display or signage that might indicate from the exterior that the dwelling is being used for anything other than residential purposes;
B. Any alteration of the exterior of the dwelling or appurtenant structures that would change the residential character of the premises;
C. The presence of radio antennae that do not meet the following specific regulations:
i. The maximum height is 50 feet from ground elevation;
ii. All antennae must be attached to the rear of the dwelling where practical; and
iii. The material and construction of all amateur radio antenna shall be approved by the Commissioner of Building for strength, construction, safety, and durability.
D. Use of the dwelling by more than three nonresidents of the dwelling as employees at any one time;
E. Use of the property as a commercial establishment other than a residence;
F. Use of the dwelling as a hair salon;
G. Use of a garage or appurtenant structure to the extent that it would no longer accommodate the parking of one automobile or truck completely within the structure with the door closed;
H. The parking of more vehicles than can be accommodated in the dwelling's driveway such that no obstruction of the sidewalk occurs, or the parking of more than five on-street parking spaces, all of which must be within twenty-five feet of the home-based business;
I. Generation of pedestrian or automobile traffic and/or parking of clients and associates that is not normal to a Residential District;
J. Generation of commercial truck traffic other than normal parcel delivery services;
K. Use of the dwelling to produce or sell products that may in themselves, or whose ingredients may, pose a danger to the health of employees or neighbors, or to the integrity of the building itself;
L. Creation of noise, dust, heat, fumes, odors, smoke, vibration, or other nuisances, including electrical or radio frequency interference;
M. Generation of excessive amounts of trash, materials, or yard waste placed on the curb for pickup by the City's garbage collection contractor.
(d) Porches and Stoops.
(1) Front porch. A one-story porch, not exceeding the width of the building facade, may be constructed within the front yard setback, but not to exceed ten feet of projection into the setback, provided that a minimum of twenty feet of unencumbered front yard space is provided on the property. Front porches shall be reviewed and approved by the Architectural Review Board
(2) Side porches. A one-story porch, not exceeding the side length of the building, may be constructed within the larger side yard setback, provided that at least three feet remains between the outer edge of the porch and the side lot line.
(3) Front and side stoops or steps not exceeding 20% of the width or length of the building, may be constructed within the front or side yard setback, but not to exceed five feet into the setback.
(e) Private Swimming Pools may be constructed as accessory uses in all Residential Districts, subject to the following regulations:
(1) A private swimming pool may be used only as an accessory to a principal residential use for the sole pleasure of the residents and their guests and cannot in any way be operated as a club or for profit.
(2) Any swimming pool, bathhouse, cabana, filtration house or similar appurtenance greater than five feet in height shall be subject to the same yard regulations as those governing the principal use in each district.
(3) Any above ground structure associated with a pool shall be subject to approval by the Architectural Review Board.
(4) All swimming pool construction and operations shall be in accordance with the standards and regulations established by the Cuyahoga County and Ohio Health Departments, the City Building Code and any other regulations governing the construction and operation of such facilities, and shall require a building permit in accordance with the procedures set forth in Title Six.
(f) Walls and Fences.
(1) Definitions. For the purpose of this section the following definitions shall apply:
A. "Decorative walls and fences." Any various permanent upright construction of permitted materials, that is not designed as a barrier to enclose an area, yard, etc., attached to a principal structure, used to prevent entrance, intended to create the impression of privacy, or to confine or mark a boundary, and is designed to withstand long-term exposure to the surrounding environmental conditions.
B. "Walls and fences." Any various permanent upright constructions used as a barrier to enclose or border an area, yard, etc., which is used to prevent entrance, to confine or mark a boundary, and is designed to withstand long-term exposure to the surrounding environmental conditions.
(2) Height.
A. Rear yard maximum height. Six feet to the rear face of the principal structure. (See Figure 1.)
B. Side yard maximum height. No higher than the distance from the existing principal structure on property or the adjacent property, with a six foot limitation. (See Figure 2.)
C. Post height. Six feet six inches to accommodate decorative top. (See Figure 1.)
(3) Location.
A. No wall or fence shall be located in a front yard or from the front building setback line to the right-of-way line. (See Figure 3.)
B. No wall or fence shall be located in any side yard within two feet of an adjacent neighbor's driveway. (See Figure 2.)
C. An extension of the fence to provide closure to the building shall be permitted.
(4) Exemption.
A. Corner lots, walls and fences are permitted in rear and side yards and may extend from the rear lot line to the front building setback line, but not beyond the street side yard setback. (See Figure 4.)
B. In this section, principal structure shall not include patio, deck, open or seasonal porch or similar addition.
C. A decorative wall or fence is permitted in a front yard or from the front building setback line to the right-of-way line and shall not enclose an area, yard, etc., be attached to a principal structure, used to prevent entrance, or intended to create the impression of privacy, such as but not limited to the full width of the property's right- of-way line. The following restrictions shall apply to decorative walls or fences.
i. The height of the decorative wall or fence shall not exceed 36 inches.
ii. The decorative wall or fence shall be a minimum of three feet from the sidewalk, or if no sidewalk exists then the right-of-way line or side lot line.
iii. The decorative wall or fence shall be parallel to or follow the contour of the sidewalk, right-of-way line or side lot line.
iv. The decorative wall or fence's maximum permitted linear footage shall not be greater than 60% of the right-of-way line. (See Figure 4.)
v. No gates shall be installed in the decorative wall or fence.
(5) Quality. The finished side of the fence shall face the neighboring property and be of uniform type.
(6) Construction.
A. Walls and fences. Walls and fences may be constructed from masonry material such as but not limited to brick, concrete, stone, stucco, or grill block, or of either wood, metal or vinyl, including open diamond mesh fabric, picket, board on board, ornamental wood, ornamental vinyl or ornamental metal, split rail or stockade type. The wall or fence shall be constructed of aesthetically pleasing material that is consistent with the surrounding construction/environment. While chain link material is discouraged, it is permitted only after review and approval by the Architectural Review Board, on a case-by-case basis.
B. Decorative walls and fences. Materials limited to split rail, ornamental metal, ornamental wood, or ornamental vinyl shall be permitted. The decorative wall or fence shall be constructed of aesthetically pleasing material that is consistent with the surrounding construction/environment.
(7) Maintenance. The property owner or occupant shall maintain all walls and fences in good condition at all times.
(8) Prohibited.
A. Snow fencing, burlap, vinyl fabric or chicken wire or similar type material are not permitted as permanent fence materials.
B. Snow fence posts shall not be permitted as a permanent fence material.
C. No fence or wall shall be electrically charged or made of any sharp-edged materials, barbed wire, razor wire, chicken wire or fiberglass.
(9) Permit.
A. All walls or fences in accordance with this section shall require a permit.
B. If requested by the Zoning Administrator, the application shall receive approval from the Architectural Review Board prior to issuance of the permit.
C. The Zoning Administrator may require the applicant to provide appropriate documentation verifying the location of property line(s).
(Ord. 14-23. Passed 12-11-23.)