(1) 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.
(2) General Provisions
(a) An accessory use or structure shall be incidental to the primary use of the site, and shall not alter the character of the principal use.
(b) Accessory structures shall only be constructed concurrent with or after the construction of the principal structure on the same site.
(c) Small accessory structures such as doghouses, benches, garden decorations, barbeque equipment, etc. shall be exempt from the provisions of this section provided they do not have a footprint that exceed 12 square feet.
(d) Gardens and the raising of crops for the personal use of the residents, tenants, or property owners, may be grown in any yard except the front yard, without a permit.
(e) An accessory structure 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 standard of the applicable zoning district. Any accessory structure shall be considered as an integral part of the principal building if it is connected to the principal building either by common walls or by a breezeway or roof.
(f) All accessory uses and structures shall be subject to any applicable building code and fire code regulations.
(g) Height Limit
(i) Unless otherwise stated, the maximum height of a detached accessory structure shall be 14 feet with the exception of detached garages.
(ii) Detached garages shall not exceed 18 feet unless the structure includes an accessory dwelling unit above the garage in which case the garage structure shall not exceed 24 feet.
(iii) In no case shall the height of the accessory structure exceed the maximum height of the principal building.
(h) Size Requirements
(i) For residential districts, the aggregate square footage of the following accessory buildings and structures shall not exceed more than 7% of the total lot area on which they are located:
A. Detached garages and carports;
B. Detached storage/utility sheds, gazebos, and other similar structures;
C. Porches and decks;
D. Ground-mounted solar energy systems;
E. Swimming pools, hot tubs, and spas; and
F. Other accessory buildings similar in nature to the above mentioned structures, as determined by the Zoning Administrator.
(ii) In no case shall the aggregate square footage of the accessory structures listed above exceed 2,000 square feet.
(iii) There is no maximum square footage of accessory buildings or structures in the business zoning districts.
(i) Setback and Location Requirements
(i) Unless otherwise provided for in this section, all accessory uses and structures shall be located in the rear yard.
(ii) Unless otherwise required in this section, all accessory uses and structures shall be set back a minimum of 3feet from all lot lines.
(iii) A detached accessory building shall be set back a minimum of 10 feet from an alley if the building or structure requires access from such alley.
(iv) Additional setbacks may be required from the principal building, adjacent structures, or streets based on the applicable fire code regulations.
(3) Permitted Accessory Uses
The following is an explanation of Table 154.06-1:
(a) Permitted Uses (P)
(i) A "P" in a cell indicates that the use is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.
(ii) If applicable, permitted uses are approved administratively by the Zoning Administrator through the review procedure identified in the "Permit or Review Required" column.
(b) Permitted Uses with Standards
(i) A "PS" in a cell indicates that the use is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 154.06-1. Permitted uses with standards are subject to all other applicable standards of this code.
(ii) If applicable, uses permitted with standards are approved administratively by the Zoning Administrator through review procedure identified in the "Permit or Review Required" column.
(c) Special Uses
(i) An "S" in a cell indicates that a use may be permitted if approved by the Planning Board through the special use review procedure (see § 154.03(D)). Special uses may be subject to use-specific standards as identified in the last column of Table 154.06-1. Special are subject to all other applicable standards of this code.
(ii) The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any special use listed in the table shall be subject to the general review standards for all special uses established in § 154.03(D).
(d) Prohibited Uses
(i) A blank and/or shaded cell indicates that a use is prohibited in the respective zoning district.
(ii) The following uses are specifically prohibited as an accessory use in all zoning districts:
A. Overnight parking or outdoor storage of buses, mobile homes, or trucks that are rated as over 1 ton capacity in any location visible from a public right-of-way unless specifically allowed pursuant to § 154.10(C)(3)(f);
B. Outdoor storage, unless specifically permitted in the applicable zoning district; and
C. Outdoor wood boilers and furnaces.
(e) Use-Specific Standards
The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.
(f) Use Determination and Unlisted Uses
(i) The Zoning Administrator shall make the determination if a proposed use is permitted, permitted with standards, a special use, or a prohibited use under the provisions of this section.
(ii) If the Zoning Administrator determines that the proposed use is not specifically listed in Table 154.06-1, the Zoning Administrator shall have the authority to determine if the proposed accessory use is similar in nature, use, character, intensity, or impact as a permitted use and administer the proposed use in a similar manner as the permitted use.
(iii) The Zoning Administrator shall also have the authority to allow other unlisted accessory uses, with reasonable standards, in a manner that will provide for the use and mitigate any potential impacts on adjacent properties.
(iv) If the applicant disagrees with the Zoning Administrator's determination regarding an unlisted use, the applicant may choose to take 1 of the following actions:
A. The applicant may appeal the determination of the Zoning Administrator to the BZA pursuant to § 154.03(M); or
B. The applicant may present their case to the Planning Board and/or City Council to request that the city initiate a text amendment to address the proposed use and applicable standards.
Use Category and Use Type P = Permitted Use PS = Permitted Use with Standards S = Special Use | R-1A, R-1B, and R-1C
| R-2 and R-3
| OS, GB, HB, LI, LD, and GI
| CC
| CD
| Permit or Review Required | Use-Specific Standards in Section: |
Use Category and Use Type P = Permitted Use PS = Permitted Use with Standards S = Special Use | R-1A, R-1B, and R-1C
| R-2 and R-3
| OS, GB, HB, LI, LD, and GI
| CC
| CD
| Permit or Review Required | Use-Specific Standards in Section: |
Accessibility Ramps | PS | PS | PS | PS | PS | None | § 154.06(A)(4)(a) |
Accessory Dwelling Units | S | Zoning Compliance | § 154.06(A)(4)(b) | ||||
Amateur Radio Towers | S | S | S | Special Use | § 154.06(A)(4)(c) | ||
Basketball Hoops | PS | PS | PS | PS | None | § 154.06(A)(4)(d) | |
Community Gardens | PS | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(e) |
Detached Garages and Carports | PS | PS | PS | Site Plan Review or Zoning Compliance | § 154.06(A)(4)(f) | ||
Detached Storage/Utility Sheds, Gazebos, Pool Houses, and other Similar Buildings | PS | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(g) |
Drive-Through Facility | PS or S | Site Plan Review | § 154.06(A)(4)(h) | ||||
Fences, Walls, and Hedges | PS | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(i) |
Home Occupations | PS | PS | Zoning Compliance | § 154.06(A)(4)(j) | |||
Nursery Schools or Day Care Centers (Children or Adults) as an Accessory Use | PS | PS | PS | PS | Site Plan Review | § 154.04(G)(38) | |
Outdoor Dining | PS | PS | Site Plan Review | § 154.06(A)(4)(k) | |||
Outdoor Displays and Sales | PS | Site Plan Review | § 154.06(A)(4)(l) | ||||
Outdoor Storage and Bulk Sales | PS or S | Site Plan Review | § 154.06(A)(4)(m) | ||||
Outdoor Vending Machines and Drop-Off Boxes | PS | PS | Zoning Compliance or Site Plan Review | § 154.06(A)(4)(n) | |||
Patios (Unenclosed) | PS | PS | PS | PS | PS | None | § 154.06(A)(4)(o) |
Porches and Decks | PS | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(p) |
Playsets, Treehouses, and Trampolines | PS | PS | PS | None | |||
Private Water Towers, Tanks, or Reservoirs | PS | Site Plan Review | § 154.06(A)(4)(q) | ||||
Retail Sales | PS | PS | PS | PS | PS | None | § 154.06(A)(4)(r) |
Satellite Dishes | PS | PS | PS | PS | PS | § 154.06(A)(4)(s) | |
Solar Energy Systems | PS | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(t) |
Swimming Pools, Hot Tubs, and Spas (Outdoor) | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(u) | |
Tennis and Other Recreational Courts (Outdoor) | PS | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(v) | |
Type-B Day Care Home (1-6 Children) | PS | PS | PS | None | § 154.06(A)(4)(w) | ||
Underground Shelters | PS | PS | PS | Zoning Compliance | § 154.06(A)(4)(x) | ||
(4) 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 § 154.06(A)(2), as applicable.
(a) Accessibility Ramps
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) Accessory Dwelling Units
This section is intended to allow the creation of accessory dwelling units on existing lots in residential zoning districts that already contain 1 legally created dwelling unit under the following provisions:
(i) There shall be a minimum lot area of 8,000 square feet.
(ii) An accessory dwelling unit may be created by the:
A. Conversion of an attic, basement, garage, or other previously uninhabited portion of a residential structure or detached residential accessory structure (e.g., garage); or
B. Addition onto an existing residential structure.
C. A manufactured home, recreational vehicle, or other moveable habitable space that does not comply with the building code shall not be used as a second unit.
(iii) Accessory Dwelling Unit Develop- ment Standards
A. Only 1 accessory dwelling unit shall be permitted on a lot.
B. Accessory dwelling units shall be exempt from the minimum lot area requirements in the applicable zoning district.
C. An accessory dwelling unit shall contain separate kitchen and bathroom facilities.
D. Accessory dwelling units shall only be allowed when attached to the principal dwelling unit or located above a detached garage on the same lot.
E. Each accessory dwelling unit shall have an entrance separate from the primary dwelling.
F. An accessory dwelling unit shall not exceed 800 square feet or 25% of the floor area of the primary dwelling, whichever is less.
G. One accessible off-street parking space shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the primary dwelling in § 154.10(C)(4)(b).
H. Each accessory dwelling unit shall be constructed so as to be compatible with the existing primary dwelling, as well as the surrounding neighborhood in terms of design, form, height, materials, and landscaping.
I. Accessory dwelling units that are added on to an existing principal structure shall comply with the site development standards of the applicable zoning district.
J. Accessory dwelling units shall only be permitted where the property owner resides on the same lot.
(c) Amateur Radio Antennas
The construction/erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts subject to the following requirements:
(i) Such towers shall be allowed only in the rear yard of properties unless the property owner can show that there is insufficient space within the rear yard to erect the tower and any related guy wires within the rear yard. In such case, the property owner may erect the tower in another yard that has space to accommodate the tower if approved by the Planning Board.
(ii) Such tower shall not exceed 70 feet in height.
(iii) Such tower shall be set back a minimum of 1 foot from each lot line for every 1 foot in height. All guy wires, if applicable, shall be set back a minimum of 10 feet from all lot lines.
(iv) Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of the tower model. An antenna mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.
(d) Basketball Hoops
(i) Permanently installed basketball hoops that are constructed as part of a larger court shall be subject to the standards of § 154.06(A)(4)(v).
(ii) Movable basketball hoops may be located in any yard but shall not be located in rights-of-way or be so located as to require play in any right-of-way.
(e) Community Gardens
(i) Community gardens are permitted in any yard.
(ii) Community gardens may be allowed as an accessory use when associated with a public or institutional principal use (e.g., religious institution or educational facility).
(iii) 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.
(iv) The name and telephone number of the owner and any person designated as the person in-charge of the garden coordination along with a copy of the operating rules shall be kept on file with the Zoning Administrator.
(v) The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.
(vi) There shall be no retail sales on site, except for produce grown on the site.
(vii) Benches, bike racks, raised/accessible planting beds, picnic tables, seasonal farm stands, garden art, and rain barrel systems are permitted.
(viii) Fences and walls shall be subject to the provisions of § 154.06(A)(4)(i).
(f) Detached Garages and Carports
(i) Detached garages and carports may be reviewed with the principal use during site plan review or as a separate structure through the zoning compliance permit process.
(ii) Detached garages and carports shall only be permitted in the rear yard provided no portion of the structure shall be located in front of the principal building.
(iii) The maximum size of a detached garage or carport in an R-1A, R-1B, R-1C, or CD District shall be 800 feet. The maximum size of a garage or carport in an R-2 or R-3 District shall be 600 feet per dwelling unit.
(iv) Only 1 detached garage or carport may be permitted on any single lot.
(v) Detached garages and carports shall be set back a minimum of 10 feet from all lot lines.
(g) Detached Storage/Utility Sheds, Gazebos, and Other Similar Structures
(i) Detached storage/utility sheds, gazebos, and other similar structures are permitted as an accessory structure but shall only be permitted in the rear yard.
(ii) Such uses shall be set back a minimum of 3 feet from all lot lines.
(iii) The maximum footprint of any single structure shall be 800 square feet.
(h) Drive-Through Facilities
The following standards shall apply to businesses that contain a drive-through facility regardless if the drive-through is part of another use (e.g., restaurant or financial institution) or if it is a stand-alone use (e.g., automatic teller machine).
(i) General Standards
A. Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be located within 300 feet of any residential dwelling unit.
B. No service shall be rendered, deliveries made, or sales conducted within the required front yard; drive-through facilities shall only be permitted to the side or rear of the principal structure.
C. All drive-through areas, including but not limited to drive-through signs, stacking lanes, trash receptacles, loudspeakers, 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.
D. A fence or screen between 4and 6 feet in height shall be constructed along any lot line abutting a residential lot.
(ii) Stacking Space and Lane Requirements
Drive-through facilities shall be required to include vehicle stacking spaces as established in § 154.10(C)(6).
(i) Fences, Walls, and Hedges
(i) Permit Required
No person shall construct or erect a fence, wall, or hedge without first obtaining an approved zoning compliance permit from the Zoning Administrator and/or a building permit, if applicable, from Miami County. Permits are not required for repairs of existing fences, for replacement of a fence for which the original permit can be produced, or for invisible fences.
(ii) General Requirements
A. All fences, walls, and hedges shall be subject to the visibility requirements of § 154.10(F)(4)(d)(i).
B. Unless specifically noted, all fences and walls shall require a zoning compliance permit or may be approved during a site plan review. The installation of hedges shall not require a zoning compliance permit but shall still be subject to the provisions of this code.
C. Small portions of fences, such as decorative fencing used for landscaping, that are not longer than 20 feet in length or more than 3 feet in height, but which comply with the yard and maintenance requirements set forth in this subsection, shall not require a zoning compliance permit.
D. When erected near a property or lot line, the entire fence and any of its supporting structures or appurtenances shall be contained within the lot or property of the person erecting or having erected said fence.
E. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced. If a fence has 2 similarly finished sides, either side may face the adjacent property.
F. All fences, walls, and hedges shall be maintained in a neat and orderly manner.
G. Walls shall be prohibited within all utility easements. Fences that are placed in utility easements are subject to removal without notice by utility companies when work is being done in the utility easements. Replacement of the fence shall be at the property owner's expense.
H. Fences, walls, hedges and invisible fences shall not encroach into adjoining or abutting property and/or right-of-way.
I. Fences, walls and hedges shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district.
(iii) Materials
A. Fencing that includes barbed wire, other sharp-pointed material, or electrically charged material shall be prohibited except in the LI and GI Districts, for security purposes. Such fencing shall only be allowed in the side and rear yards.
B. Fencing in the front yard shall be at least 50% transparent as determined by viewing the primary face of the fence or wall. The ratio of solid fencing to open areas in the fence shall not exceed a 1-to-1 ratio.
C. No wire type fencing (e.g., chain link) shall be used in fencing in any front yard.
D. Welded wire fencing shall be prohibited in all residential districts, except that split-rail fences with welded-wire backing shall be permitted.
E. Fences must be constructed of wood, vinyl, ornamental wrought iron, steel or aluminum formed and colored and in such a style as to be substantially similar to such wrought iron. Exceptions to this requirement include vinyl-coated chain link fences in a side or rear yard or other fences as may be approved as part of a special use permit request.
F. All latches, hinges and hardware shall be made of non-rusting materials.
(iv) Measurement
A. The maximum fence or wall height shall be measured from the lowest point within 3 feet on either side of the fence to the top most portion of the fence. See Figure 154.06-A.
B. Fencing or walls should follow the natural contour of the land on which it is located. See Figure 154.06-A.
C. A fence may be erected on top of a wall or retaining wall but the combined height of the fence, and wall shall not exceed the heights specified within this section for a fence, wall or a retaining wall.
(v) Retaining Walls
A. Retaining walls shall be measured from the top of the footing to the top of the wall.
B. Retaining walls that exceed 36 inches high shall be benched so that no individual retaining wall exceeds a height of 6 feet except where the BZA determines that topography requires a wall of greater height, and each bench is a minimum width of 36 inches. See Figure 154.06-B.
C. Retaining walls over 36 inches shall be approved by the City Engineer in addition to the Zoning Administrator. Plans for such retaining wall shall be prepared by a professional engineer.
D. Retaining walls that exceed 36 inches in height may require a building permit from Miami County.
E. Retaining walls should substantially follow or preserve the existing grade or contour of land.
(vi) Location and Height Requirements in Residential Zoning Districts
The following shall apply to fencing, walls, and hedges in residential zoning districts and the CD District:
A. All fences, walls, and hedges shall be set back a minimum of 3feet from any front lot line.
B. Fences, walls, and hedges shall not exceed 42 inches in the front yard or along any lot line that is adjacent to a street. For double frontage lots, fencing in the rear yard (see § 154.04(H)(1)(d)(vii)) may exceed 42 inches if the fencing is set back a minimum of 50 feet from the right-of-way but in no case shall it exceed 6 feet in height. See Figure 154.06-C.
C. Fences and walls shall not exceed 6 feet in side and rear yards. See Figure 154.06-C.
D. There shall not be a height requirement for hedges in side and rear yards.
E. Fence height excludes ornamental and decorative post knobs no taller than 6 inches and minor variations (± 4inches) in installation to account for specific site topography.
(vii) Location and Height Requirements in Nonresidential Zoning Districts
The following shall apply to fencing, walls, and hedges in the OS, GB, HB, LI, LD, GI, and CD Districts:
A. Fences, walls, and hedges are not permitted in the front yard unless the Planning Board approves the fencing as a special use for public safety or security reasons.
B. Fences and walls shall not exceed 8 feet in any side yard or 10 feet in rear yards.
C. There shall not be a height requirement for hedges in side and rear yards.
D. Fence height excludes ornamental and decorative post knobs no taller than 6 inches and minor variations (± 4 inches) in installation to account for specific site topography.
(viii) Additional Regulations for Fences, Walls, and Hedges in the RA District
A. A certificate of appropriateness is required for fences and walls in the RA district but the COA shall be reviewed by the Zoning Administrator in accordance with § 154.03(E)(4).
B. Where the underlying zoning district is residential, the regulations for fences, walls, and hedges shall be the same as those established for all residential districts in § 154.06(A)(4)(i)(vi).
C. Where the underlying zoning district is the CC District, fences and walls shall only be permitted in the side and rear yards and in both cases, shall not exceed 8 feet in height.
D. Fences and walls may be constructed out of wood, wrought iron, decorative metal, brick, stone, or other natural materials that represent historical materials for fences and walls, typically found in Tipp City. The use of vinyl or other artificial materials is prohibited.
(j) 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.
(i) The home occupation shall be clearly secondary to the full-time use of the property as a residence.
(ii) Any home occupation that provides services where members of the public visit or enter the premises may be permitted if designed to accommodate 1 customer at a time and which meets all other applicable requirements for home occupations.
(iii) Permitted Home Occupations
The following uses, and other uses determined by the Zoning Administrator to be similar in nature and impact, may be approved as a home occupation when in compliance with this section:
A. Art and craft work including, but not limited to ceramics, painting, photography, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, and sculpting;
B. Office-only uses, including, but not limited to, an office for an architect, financial advisor, attorney, consultant, counselor, insurance agent, planner, tutor, or writer;
C. Fitness/health facilities;
D. Beauty parlors, barber shops, animal grooming (no overnight boarding), licensed massage or physical therapy, and similar personal service uses; and
E. Mail order businesses or direct sale product distribution (e.g., Amway, Avon, Creative Memories, Pampered Chef, etc.) may be allowed where there is no stock-in-trade on the site.
(iv) Prohibited Home Occupations
The following are business activities that are prohibited as home occupations:
A. Animal hospitals and boarding facilities;
B. Automotive and other vehicle repair and service, except when such repair or service is on a vehicle owned by the property owner or tenant of such property;
C. Construction, landscaping, or similar contractor facilities and storage (an office-only use is allowed in compliance with the above section) and other outdoor storage;
D. Fitness/health facilities that provide group activities or services;
E. Medical clinics, laboratories, or doctor's offices;
F. Parking on, or dispatching from the site, any vehicle used in conjunction with a business (e.g., landscaping services, taxi services, construction, etc.) with the exception of a vehicle owned and operated by the home owner or tenant;
G. Uses that require explosives or highly combustible or toxic materials;
H. Welding and machine shop operations;
I. Wood cutting businesses; or
J. Other similar uses as determined by the Zoning Administrator.
(v) Operating Standards
A. 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.
B. 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.
C. At least 1 resident of the dwelling shall operate the home occupation and there shall be no employees on-site who do not reside at the dwelling.
D. 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.
E. No more than 25% of the floor area of any 1 story of the dwelling unit shall be devoted to such home occupations.
F. Such home occupations shall be conducted entirely within the primary building or dwelling unit used as a residence. Detached accessory structures shall not be used for home occupations with the exception of detached garages.
G. No additional off-street parking or loading facilities shall be provided beyond that traditional used for residential uses. No additional driveways shall be established for the use of the home occupation.
H. There shall be no advertising signs other than 1 sign, not exceeding 2 square feet in area, and only if attached flush to a wall of the structure.
I. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
J. No stock-in-trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
K. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups.
L. No home occupation shall violate the general performance standards of § 154.07(A).
M. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.
N. No utility service to the dwelling shall be modified solely to accommodate a home business, other than as required for normal residential use.
(k) Outdoor Dining
Outdoor cafes and food service areas (outdoor dining area) may be permitted when they comply with the following regulations:
(i) Outdoor dining areas shall be located along a sidewalk adjacent to the principal building or between the principal building and parking area. Outdoor cafes and food service 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.
(ii) 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.
(iii) If the outdoor dining area is located on a sidewalk, the area shall be designed so there is a minimum of 4feet of clearance adjacent to the dining area to allow for pedestrian circulation.
(iv) Umbrellas and awnings that shelter diners from the elements shall be secured so as not to create a hazard in windy conditions.
(v) 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 the issuance of a new zoning permit or zoning compliance permit, whichever is applicable.
(vi) Any roof designed to cover patrons, including roofs over area for waiting, smoking, etc., shall be structurally attached to the principal building and permanent in nature.
(l) 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:
(i) Outdoor display and sales areas shall require the issuance of a zoning compliance permit or may be approved as part of the site plan review process. Such uses shall not be placed within the street right-of-way, within an interior drive, or in a location which will interfere with vehicle sight distance.
(ii) 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.
(iii) Outdoor display and sales areas may be permitted provided that the merchandise is displayed along the sidewalk or walkway adjacent to the building.
(iv) Outdoor display and sales areas may also be permitted in the side or rear yard.
(v) In all cases, any areas designated for outdoor display or sales shall be set back a minimum of 25 feet from any adjacent residential lot.
(vi) The placement of the use shall not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site.
(vii) The placement of the merchandise shall not interfere with pedestrian movement on any sidewalk or walkway. A minimum of 5 feet of the sidewalk or walkway shall be clear of merchandise to allow for safe pedestrian movement.
(viii) The outdoor display and sales areas shall be maintained in good order and appearance.
(ix) A specific schedule of operation shall be filed and approved as part of the submitted application. If reviewed as part of a site plan review application, the outdoor display and sales area may be marked on the site plan and may be used in accordance with the submitted schedule on an on-going basis, if approved by the Zoning Administrator.
(x) The outdoor display and sale of goods and products shall be limited to those goods and products that a customer can 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 § 154.06(A)(4)(m).
(m) Outdoor Storage and Bulk Sales
(i) The outdoor storage of goods shall be prohibited on vacant lots.
(ii) The outdoor storage of materials shall include the storage of goods, materials, or products associated with the principal use.
(iii) Areas devoted to outdoor storage shall be located in the side and rear yard only and shall comply with the building setbacks set forth in the applicable zoning district. Outdoor storage may also be located in the front yard when placed on a sidewalk area located within 10 feet of the front façade of the principal building.
(iv) All outdoor storage areas shall be contiguous to the principal building.
(v) Outdoor storage and bulk sales in a parking lot shall be prohibited unless allowed as a temporary use pursuant to § 154.06(B).
(vi) No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, sidewalks, or pedestrian access.
(vii) In commercial districts, the area of the lot devoted to outdoor storage of goods and merchandise shall not exceed 20% of the ground floor area of the principal building.
(viii) Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust.
(ix) The outdoor storage area may also be used for a sales area for the related principal use.
(x) In all cases, any areas designated for outdoor storage areas shall be set back a minimum of 50 feet from any adjacent residential lot.
(xi) Screening
A. All aspects of outdoor operations including outdoor storage of goods and materials shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall have a height tall enough to conceal all materials therein from the view of any observer standing at the grade level at an abutting residential district line or a public street. However, in no case shall the height of the fence or wall be less than 6 feet.
B. If the wall or fence needs to exceed 8 feet in height to conceal the storage of materials, such 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.
C. All materials shall be stored in such a fashion as to be accessible to fire-fighting equipment at all times.
D. Outdoor storage of materials shall not include a junkyard or similar storage.
(n) Outdoor Vending Machines and Drop- Off-Boxes
Outdoor vending machines and drop-off boxes for recycled goods, books, donations, etc., may be permitted when they comply with the following regulations:
(i) Outdoor vending machines and drop-off boxes may be reviewed with the principal use during site plan review or as a separate structure through the zoning compliance permit process.
(ii) No such use or facility shall be placed within the street right-of-way, within an interior drive, or in a location which will interfere with required site visibility requirements (see § 154.10(F)(4)(d)(i)).
(iii) The placement of the facility shall not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site below a number as required in § 154.10(C)(4).
(iv) The facility or equipment shall be maintained in good operating order and appearance.
(v) Vending machines shall only be placed along the façade of the principal building. See Figure 154.06-D.
(vi) Drop-off boxes shall only be permitted in the side or rear yard.
(vii) Drop-off boxes shall be screened on a minimum on 3 sides to a height that fully screens the use unless otherwise required in this code. Screening shall be accomplished by the use of hedges, wall, or decorative fence that provides full opacity screening.
(viii) A maximum of 1 drop-off box and 2 vending machines are permitted on any single lot. One additional drop-off box and 1 vending machine shall be permitted on a lot for each 2 acres of lot area in excess of an initial 2-acre lot. This limitation on the number of boxes or machines shall not apply to dumpsters outside of the building or vending machines located within the building.
(ix) Signage shall be limited to a maximum of 6 square feet on each vending machine and drop-off box and shall not count toward the sign area allowed in Section 154.11: Sign Standards.
(x) The city shall have the authority to place more than 1 drop-off box on a single lot when providing recycling services to the general public.
(o) Patios (Unenclosed)
(i) Unenclosed patios are permitted in any yard. Such patios may extend up to 10 feet into the minimum front yard requirement and may be located in any side or rear yard provided they are set back a minimum of 3 feet from all lot lines.
(ii) If located within 8 feet of a lot line, the patio shall be screened by an evergreen hedge or fence not less than 4 feet in height and maintained in good condition.
(iii) Patios may have built-in grills or kitchen areas provided such use complies with any applicable building code requirements.
(p) Porches and Decks
Porches and decks may be permitted in association with a principal use subject to the following standards:
(i) Porches or decks that are enclosed (with screening or other materials), have a roof, are physically attached to the principal structure, or extend more than 3 feet above the average grade shall meet the setback requirements for principal buildings in the applicable zoning district. See § 154.04(H).
(ii) Decks shall be set back a minimum of 5 feet from all lot lines.
(iii) If located within 8 feet of a lot line (regardless of the ownership of the adjacent lots), a porch or deck shall be screened by an evergreen hedge or fence not less than 4 feet in height and maintained in good condition. An existing fence that complies with the minimum height requirements shall meet this requirement.
(q) Private Water Towers, Tanks, or Reservoirs
Private water towers, tanks, or reservoirs may be permitted in association with a principal use provided the tower, tank, or reservoir:
(i) Is accessory to a principal use in the LI or GI District;
(ii) Is located in the side or rear yard;
(iii) Is set back from all lot lines a minimum of 1 foot for every foot in height;
(iv) Is a pedisphere, fluted column, or standpipe design only. Multi-leg designs are prohibited;
(v) Does not include any commercial signage;
(vi) Is not artificially lighted or marked, except as required by law;
(vii) If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of the use as unobtrusive as feasibly possible under the applicable laws to prevent the creation of a nuisance to adjacent properties; and
(viii) Is galvanized and/or painted with rust preventive white paint in its entirety and shall be maintained in accordance with the requirements of this code.
(r) Retail Sales
(i) The accessory retail sale of items manufactured on-site is permitted in the LI, LD, and GI districts provided that the total floor area of retail sales does not exceed 10% of the total gross floor area of the principal building.
(ii) Accessory retail sales (e.g., coffee kiosk, cafeteria, book store, etc.) are permitted in all other districts when located completely within the principal building of a nonresidential use. The total floor area of retail sales shall not exceed 10% of the total gross floor area of the principal building.
(s) Satellite Dishes
(i) Satellite dishes of 1 meter in diameter or less shall be exempt from the provisions of this section and shall not require a zoning permit. To the maximum extent feasible, the dish should be located in the side or rear yard.
(ii) Any satellite dish that is larger than 1 meter in diameter shall be subject to the following standards:
A. The property owner where the dish is to be located shall need to apply for and receive approval of a zoning compliance permit.
B. The dish shall only be permitted in the rear yard and shall be set back 15 feet from the principal dwelling and 10 feet from all lot lines.
C. The maximum diameter of any dish shall be 10 feet in a residential zoning district and 12 feet in all other zoning districts.
D. The dish shall not exceed 15 feet in height as measured from the natural grade level.
E. Fencing or landscaping shall be installed around the dish or the subject property so as to fully screen the dish from view from adjacent properties or street rights- of-way.
(t) Solar Energy Systems
(i) A zoning compliance permit shall be required for the installation or modification of any solar energy system. Modification of a solar energy system shall include the addition, removal or change of any of the physical components or aspects of a solar energy system such as panels, mounting structures, plumbing and wiring, inverters, meters, controllers, and batteries. A modification shall not include the replacement of any components of a solar energy system where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a solar energy system without adding, removing or changing anything.
(ii) Solar energy systems must comply with all applicable building, fire, plumbing and electrical codes.
(iii) Ground-Mounted Solar Energy Systems
A. Ground-mounted solar energy systems shall only be permitted in the side or rear yard and shall be set back a minimum of 3feet from all lot lines.
B. No ground-mounted system shall exceed8 feet in height as measured from ground.
C. Ground-mounted solar energy systems shall be screened from adjacent property by a Type B (Semi-opaque) landscape buffer as identified in § 154.09(E).
(iv) Roof-Mounted Solar Energy Systems
A. Roof-mounted solar panels that are installed parallel and up to six inches above the surface layer of the roof structure or are mounted flush with the roof structure may be permitted on any roof surface of a principal building or accessory building.
B. Roof-mounted solar panels that are mounted at an angle to the roof structure shall only be permitted on roof surfaces that face the side or rear lot.
C. Solar panels may be mounted on flat roofs provided there is a parapet wall or other architectural feature that screens the view of the panels. Such panels may be mounted on an angle provided they do not extend more than 5 feet above the roof surface.
(u) Swimming Pools, Hot Tubs, and Spas
Any swimming pool, hot tub, or spa that has water with a depth of 2 feet or more shall be subject to the standards of this subsection including pools that are designed to be temporary in nature.
(i) All swimming pools, hot tubs, and spas shall be located in the rear yard.
(ii) The swimming pool, hot tub, or spa shall be set back a minimum of 15 feet from all lot lines as measured from the edge of the water.
(iii) Any walks or paved areas adjacent to the pools shall be considered as patios for the purpose of this chapter and shall conform to the provisions of this section.
(iv) The swimming pool, hot tub, spa, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than 6 feet in height and maintained in good condition with a gate and lock.
(v) Such fence shall be constructed so as to have no openings, holes, or gaps larger than 3 inches in any dimension, except for doors or gates. An accessory building may be used in or as part of such enclosure.
(vi) Above-ground pools that have a vertical surface of at least 4 feet in height shall be required to have fences and gates only where access is made to the pool.
(vii) Any pool for the use of occupants of multi-family dwellings containing over 3 apartments or those that are accessory to a nonresidential use shall meet the structural and sanitary requirements of the Ohio Department of Health.
(viii) The pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(ix) All swimming pools, hot tubs, and space shall be designed in accordance with the provisions of the Unified Building Code.
(x) Spas and hot tubs that contain a lockable cover shall be exempt from the wall and fencing requirements of this section.
(v) Tennis and Other 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:
(i) Tennis courts or other full size recreational courts shall only be permitted on lots with a minimum lot area of 1 acre.
(ii) The court shall only be permitted in the rear yard and shall be set back a minimum of 5 feet from all lot lines.
(iii) Fencing located adjacent to the court can have a maximum height of 10 feet, regardless of the maximum fence height allowed in § 154.06(A)(4)(i). The fencing may be a chain link fence.
(iv) If the fencing surrounding the court exceeds 6 feet in height, it shall be planted with a continuous row of large shrubs or hedges with a minimum, mature growth height of 4 feet that will screen and/or soften the appearance of the tall fencing and court. Such landscaping may only be broken by gates or doors that access the court.
(v) Any lighting for the court shall not exceed 20 feet in height and shall be directed downward and only illuminate the court. All outdoor lighting shall comply with § 154.07(B).
(w) Type B Family Day Care Home (1-6 Children)
Type B Family Day Care Homes are permitted when accessory to a single-family dwelling, regardless of the applicable residential zoning district.
(x) Underground Shelters
(i) Any soil movement related to the underground shelter shall not extend past the lot lines.
(ii) Underground shelters shall only be permitted in the rear yard.
(iii) The outside walls of the underground shelter shall be set back a minimum of 10 feet from all lot lines.
(Ord. 5-14, passed 3-17-2014; Am. Ord. 43-15, passed 10-19-2015; Am. Ord. 16-16, passed 8-15-2016)