(a) Purpose. The purpose of this section is to regulate and control the size, type, location and operation of accessory structures and uses in residential zoning districts.
(b) Intent. Unless otherwise specified, accessory structures and uses shall be permitted on a lot in a residential zoning district in association with a principal use or structure provided the accessory use or structure meets the requirements of this section and the development standards, in particular, lot coverage of the applicable residential zoning district. In the event of a conflict between the development standards in this section and the development standards in the applicable use district, the standards of this section are to be used.
(c) Definitions.
(1) An accessory use or structure shall be defined as a use of land or of a structure or building or portion thereof, customary, incidental and subordinate to the principal use of land or structure, and located on the same lot with such principal use or structure. For the purposes of this section, a fence and a storage building equal to or less than 100 sq. feet in area not permanently attached to the ground, are not considered structures. Only one such storage building equal to or less than 100 square feet may be placed on the lot without a permit, any additional buildings shall be considered Accessory Structures as defined in Section 1175.06 and shall be subject to the regulations of 1175.06. Storage buildings equal to or under 100 square feet shall be located completely to the rear of the principal structure.
(2) Accessory structures shall be detached from and subordinate to the principal structure. Examples of accessory structures include, but are not limited to, garages, workshops, studios, greenhouses, picnic shelters, gazebos, pool houses, storage buildings, decks, patios, swimming pools (above or below ground), satellite dish antennas, and athletic/recreational facilities (tennis courts, basketball courts, soccer goals, baseball batting cages and skateboard ramps).
(3) Accessory uses are subordinate to the principal use of the land or structure and include, but are not limited to, home occupations, bed and breakfast facilities, "in-law suites", home child care, yard/garage sales and storage.
(d) Development Standards for Accessory Structures. The following development standards shall apply to all accessory structures:
(1) Location. Accessory structures shall be located completely to the rear of the principal structure and shall be no closer than 10 feet from any part of the principal structure.
(2) Setbacks. Accessory structures shall meet the rear and side yard setback requirements of the applicable zoning district.
(3) Area. Any accessory structure covered by an impervious roof or consisting of an impervious or paved surface shall meet the lot coverage requirement of the applicable zoning district. In addition, the maximum permitted area of an accessory structure placed on a lot in a residential zoning district shall be based on the following lot size categories.
A. Lot size of less than 20,000 square feet: An accessory structure shall be no larger than seven hundred and twenty (720) square feet, shall contain no more than one (1) story, nor shall it exceed a total height of fifteen (15) feet as measured from the grade at the lowest entrance to the top of the roof. No door serving the accessory structure shall exceed nine (9) feet in height.
B. Lot size of 20,000 square feet and greater: An accessory structure shall be no larger than one thousand two hundred (1,200) square feet and shall not exceed a height of twenty-five (25) feet as measured from the grade at the lowest entrance to the top of the roof.
C. Agricultural land in the RR, Rural Residential District (minimum lot size three acres): Accessory buildings used for agricultural purposes in the RR, Rural Residential District where the lot size is greater than three acres and the land is used for agricultural purposes, do not have a maximum structure size other than the limitations defined by the lot coverage requirements of that zoning district. The height limit for these agricultural structures is forty feet. Residential accessory structures in this district shall meet the requirement of subsection (d)(3)B. hereof.
(4) Height. Except as otherwise provided in this chapter, no accessory structures shall exceed fifteen (15) feet in height.
(5) Compatibility. In order to protect property values and encourage neighborhood stability, an accessory structure shall have an exterior which meets the intent of this subsection and which is compatible in appearance, design, siting, architectural character, color and building materials to the principal building on the parcel or lot. For the purposes of this chapter, compatibility shall be defined as capable of existing or operating together in harmony.
(6) Maintenance. Accessory structures shall be maintained in good condition and kept secure from the deteriorating affects of natural elements.
(7) Special requirements.
A. Garages: Garage space on a residential lot shall be limited to parking for four vehicles. Four additional spaces may be permitted as a Conditional Use. The Planning Commission, in evaluating the Conditional Use application, shall consider lot size, impact on adjacent properties and future use.
B. Swimming pools: See Chapter 1174.
C. Portable On-site Deliverable Storage Units: A temporary use permit shall be obtained from the Zoning Officer, or his designee, prior to the placement of a portable on-site deliverable storage unit on a property. No more than one unit is permitted on a property at any given time, the duration of which shall not exceed a period of fourteen (14) days. The unit must be placed on a paved surface or driveway. The use of these units shall be limited to no more than twice in any twelve month period. Permission to exceed these limitations may be granted by the Board of Zoning Appeals.
1. Calamity Exception. If the portable on-site storage unit is being used to store personal property as a result of a major calamity (e.g. fire, flood or other event where there is significant property damage), the City Manager or his designee may extend these time periods.
D. Dumpsters on Residential Properties: Dumpsters are only permitted on residentially zoned property in conjunction with a valid building permit for a building or site improvement project. No more than one dumpster shall be placed on a residential property at any given time. The dumpster may remain on site during active work on the property, and may be placed no earlier than three calendar days prior to the start of work. If no active work is taking place, the dumpster may remain on the property for no more than fourteen (14) days. The dumpster shall be placed on a paved surface or driveway.
(e) Development Standards for Accessory Uses. The following development standards shall apply to all the listed accessory uses:
(1) Home Child Care. Consistent with the licensing requirements of the State of Ohio for a Type B home in a Single Family Residential District, a resident may provide day care services for one to six children, including the provider's own children under the age of six, and including no more than three children under the age of two. Any numbers or combinations of ages beyond these limitations would be considered a child care center and in a Single Family Residential District would require a Conditional Use Permit.
(3) Accessory Dwelling Unit (ADU).
A. Definition. Accessory Dwelling Unit (ADU) is an additional Dwelling Unit that is located on the same lot as and is subordinate to a single-family dwelling. For purposes of this section, the single-family dwelling and the ADU must each have independent accommodations for sleeping, cooking, bath, and sanitation, and connected to public utilities for water, sewer, and electricity. An ADU may be:
1. Attached to the single-family dwelling by sharing one or more common walls with the single-family dwelling, with shared or separate outdoor access (an "Attached ADU").
2. Detached from the single-family dwelling and located in an Accessory Building on the lot with a permanent foundation and satisfactory utility connections (a "Detached ADU").
B. ADU permit. A zoning certificate may be issued permitting an ADU determined by the Zoning Officer to be in compliance with all of the following development standards:
1. The lot shall be located in the Olde Westerville Special Overlay District.
2. There shall be only one ADU on the lot.
3. The ADU shall not exceed 720 gross square feet.
4. An ADU shall be a structure with a permanent foundation that is properly connected to public utilities. The following structures shall not be ADUs: a mobile home as defined in Ohio R.C. 4501.01(O), a recreational vehicle or travel trailer as defined in Ohio R.C. 4501.0l(Q), or a Manufactured Home as defined in Ohio R.C. 3781.06(C)(4).
5. The owner of the lot shall reside in one of the dwelling units and shall:
i. Record a covenant, in the form specified by the City, providing that the property owner shall reside on the property for so long as the ADU exists.
ii. Provide the City with a copy of the recorded covenant identified in subsection 5.i. properly filed in the appropriate county.
iii. Notify the City of any change in ownership or owner's residence within 14 days of the change.
6. If an Attached ADU, it shall comply with the setbacks applicable to the single-family dwelling. If a Detached ADU, it shall comply with the setbacks applicable to an Accessory Building on the lot; shall be located to the rear of the principal structure; and shall meet the applicable lot coverage requirements.
7. The maximum height of a Detached Accessory Structure with an ADU on the second floor shall be 25 feet.
8. A second story ADU in a detached Accessory Building shall adequately reduce impact on adjacent properties, by measures including the placement, design and use of windows, and vegetative or other screening.
9. One additional off-street parking space is provided.
10. The lot shall not be or become a condominium property as defined in Ohio R.C. 5311.01(O), or a planned community as defined in Ohio R.C. 5312.01(M).
11. The lot is compliant with building and property maintenance codes and any necessary building permits are obtained.
C. Conditional Use.
1. An ADU may be approved as a Conditional Use outside of the Olde Westerville Special Overlay District in the Rural Residential-RR, Estate Residential-ER, Residential-R, Single Family District-R-1, Single Family District-R-2, Two Family District-R-3, and Multiple Family District-R-4, and in the Planned Neighborhood District-PND, Planned Residential District-PRO, or Planned Development-PD districts provided ADU's are permitted in the applicable development plan and/or development standards text. The development standards set forth in Section B.2 through 9 above shall apply.
2. An ADU not meeting the requirements of Section B.2 through 9 above may be approved as a Conditional Use in Olde Westerville Special Overlay District.
3. As part of the Conditional Use process, Planning Commission may approve variances from the development standards set forth in B.2 through 9, or to allow a Detached ADU without cooking accommodations. These variances shall be consistent with the intent and purpose of this section. No action by the Board of Zoning Appeals is required for these variances.
D. An ADU shall not be considered a dwelling subject to the minimum lot area requirement in the applicable zoning district.
E. A Home Occupation may be conducted in an ADU if it complies with the standards of Section 1177.02.
F. In the event of a conflict with any other ADU provision in this Zoning Code, the development standards set forth in this Section shall apply.
(4) Storage.
A. No outdoor storage is permitted in any residential district other than wood, intended for the personal use of household residents in a fireplace or wood stove.
B. For purposes of this section, storage means retention on the site for more than thirty (30) days.
(5) Yard/garage sales. Yard or garage sales are limited to one occasion within a six month period for up to three consecutive days.
(Ord. 2023-15. Passed 12-5-23.)