1211.04  ACCESSORY USES.
   Accessory uses in all residential districts shall be permitted as provided in this section and in Sections 1211.20 and 1211.21.
   (a)   Private Garage or Parking Spaces for Automobiles and Other Motor Vehicles.
      (1)   Open off-street parking areas with one private or storage garage per dwelling are permitted in residential districts if accessory to a dwelling or an approved main or conditional use set forth in Section 1211.03 , and are required for all uses in accordance with the standards set forth in Chapter 1221.  (Ord. 1991-194.  Passed 1-16-92.)
      (2)   On lots of single family and two-family uses, private garages may be attached or detached, but not both, and shall be limited to one garage area in accordance with the following:
 
Lot Size
(Square Feet)
Maximum Garage Space
(Square Feet)
20,000 or less
800
More than 20,000 but less than 40,000
1,000
40,000 or more
1,200
 
No garage shall exceed 1,200 square feet.
No more than a total of thirty lineal feet of garage door opening space shall be allowed to face the street or streets abutting the property.
A detached private garage on a lot of 75 feet in width or less shall be located in the rear yard in such a manner as to provide a minimum five-foot side yard line setback and a minimum five-foot rear line setback, except on the street side of a corner lot which shall provide a thirty-foot side yard setback.  Otherwise, a detached private garage shall be located in the rear yard in such a manner as to provide a minimum ten-foot side yard line setback and a minimum ten foot rear line setback except on the street side of a corner lot which shall provide a thirty-foot side yard setback.  A detached private garage shall not exceed fifteen feet in height from the average grade line to the peak of the gable. 
         (Ord. 2008-61.  Passed 2-19-09.)
      (3)   No person shall rebuild, overhaul or dismantle an automobile or store motor or body parts in an open yard.
      (4)   Only one truck not exceeding three-fourths ton capacity may be stored on a lot in any residential district, provided such truck is stored in a garage and is used solely by the occupant of the dwelling.
      (5)   Driveways to a garage or accessory parking area are permitted in a required yard.
      (6)   No person shall park a motor vehicle on any driveway leading to parking areas, except on one-family and two-family dwelling uses, in any residential district.
      (7)   The parking of motor vehicles on any lot shall be permitted only on the paved or improved parking areas designated and permitted as parking areas under this Zoning Code, except as provided in Section 1211.30 .
      (8)   Parking areas on lots in any residential district, other than on lots of single- family or two-family uses, shall be located a minimum of fifty feet from any single-family or two-family dwelling.
         (Ord. 1991-194.  Passed 1-16-92.)
   (b)   Private Garden, Structures, Fences, Walls and Hedges.  Landscape features, limited to hedges, trees and shrubs, and yard structures limited to fences, trellises where used in place of a fence, walls, and garden ponds which shall be permitted but shall be regulated as set forth herein so they shall not substantially interfere with reception of sun, light and air on adjacent residential lots.  In addition to the following regulations, fences shall be confined to the area within the lot line of the fence owner's property.  They shall be designed to be aesthetically attractive and those along the lot line shall be designed, constructed and finished so that the supporting members shall face the property of the owner of the fence.  Fences shall be maintained in good repair and appearance.  No material or finish shall be used that by its appearance under prevailing appraisal practices and standards shall depreciate the value of neighboring and adjacent premises.
      (Ord. 2008-61.  Passed 2-19-09.)
      (1)   Front yard of interior lots.  Ornamental fences shall be permitted in the front yard, or in connection with a site feature, to a height of not more than two and one-half feet above the average finished grade but shall not be constructed within thirty-five feet of a planned right of way.
Perimeter hedges shall be permitted in the front yard to a height of not more than two and one-half feet above finished grade.
Fences shall be permitted along the side lot line in the front yard but shall not be constructed within fifteen feet of the planned right-of-way line to a height not exceeding six feet when:
         A.   Residential properties abut a lot used or zoned for nonresidential purposes; or
         B.   One-family or two-family dwellings abut a lot used or zoned for multi-family residential purposes.
The height of fences along the public walkways abutting residential districts shall not exceed three feet in height from the street right-of-way line to the building line.
(Ord. 1993-71.  Passed 6-3-93.)
      (2)   Front yard of corner lot.  Landscape features may be located within unobstructed sight zones in accordance with the regulations as set forth in Section 1230.01.  On the interior side lot line of a corner lot, features may be permitted in accordance with the regulations for an interior lot as set forth in subsection (b)(1) hereof.
(Ord. 2015-75. Passed 6-18-15.)
      (3)   Side and rear yards.  Fences, walls or hedges may be permitted along the side or rear lot lines to a height of not more than six feet above the average finished grade except that on a corner lot, no fence, wall or hedge shall be located within twenty-five feet from the planned right-of-way line.
      (4)   Other structures.  Floodlights, search lights, loudspeakers or similar structures shall not be erected or used in a residential district in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
         (Ord. 1993-71.  Passed 6-3-93.)
   (c)   Private Greenhouse.  A private greenhouse may be attached to the main structure if such attached greenhouse is not nearer to the street line than the outer front wall of the main structure, but such attached greenhouse shall be considered as part of the main structure in computing yard dimensions.
   (d)   Renting of Rooms.  The renting from a resident family of not more than two rooms to not more than two persons is permitted in residential districts as set forth in the Schedule, Section 1211.03 , if the exterior character of the dwelling is not changed, no separate cooking facilities are maintained and off-street parking is provided as set forth in Chapter 1221.
   (e)   Gardens.  Fruits, vegetables and nursery plants raised for private use or sale are permitted as accessory uses in residential districts provided that no structure is erected, either permanent or temporary, for the sale or display of such produce.
   (f)   Raising of Domestic Animals.
      (1)   Not more than three dogs or cats more than four months old may be raised in a residential district.  They shall not be kept in accessory structures or enclosures which are located less than forty feet from any adjacent residential structure.
      (2)   One horse may be kept on a lot not less than two acres in area, if the stable and corral, exclusive of perimeter fences, in which they are kept are located in the rear yard not less than 300 feet from a street right-of-way line, not less than 200 feet from any existing residence on adjacent property and not less than fifty feet from an adjoining lot line; an additional half acre of land shall be provided for each additional horse.
      (3)   No person shall keep a horse on any lot within the City unless a fenced corral and a stable to retain such animal are constructed on such lot.
      (4)   The keeping of all domestic animals shall be in accordance with the provisions of Chapter 505 of the General Offenses Code.
         (Ord. 1977-108.  Passed 9-1-77.)
      (5)   Provided, however, that notwithstanding any other provision of this Code, any accessory structure wherein dogs, cats or other animals are kept shall be located only within the rear yard of any such lot.
         (Ord. 1986-153.  Passed 11-6-86.)
   (g)   Private Swimming Pools.
      (1)   A private swimming pool, as defined in this Zoning Code, is a pool, pond, lake or open tank not located within an enclosed building, containing at least two feet of water at any point, and which is maintained by:
         A.   An individual for the exclusive use of his household and guests;
         B.   The owners or managers of a multi-family development for the exclusive use of tenants and guests, and operated without charge for admission and not operated for profit; or
         C.   Home associations for the exclusive use of members and guests.
            (Ord. 2007-106.  Passed 9-20-07.)
      (2)   A private swimming pool shall be permitted in a residential district provided that:
         A.   It is located on the same lot as the building or buildings served;
         B.   In a One-Family and Two-Family District, the pool and all mechanical equipment used in conjunction therewith is located only in the rear yard and is not less than ten feet from any lot line and in a Multi-Family District, the pool is located not less than thirty feet from a multi-family dwelling;
         C.   It is located on common land under the control of a homes association.
      (3)   Safety requirements, construction, maintenance and operation of swimming pools shall be in accordance with Chapter 1365 of the Building Code. 
         (Ord. 1983-134.  Passed 1-19-84.)
      (4)   A pool house or structure used for storage of swimming pool equipment shall be permitted in a residential district in addition to one utility building provided that:
         A.    It is located in the rear yard and conforms with the specifications set forth in subsection (k) hereof for utility buildings; and
         B.    The unenclosed portion of a pool house will be counted as part of the area of the pool house's maximum square footage; and
         C.    In the event that the pool is removed from the property so shall any structure designated as a pool house or used for storage of swimming pool equipment, except those that fully comply with subsection (o) hereof.
(Ord. 2013-39. Passed 9-5-13.)
   (h)   Vehicular Recreational Equipment.  The outside parking and storage of vehicular recreational equipment, as defined herein, is permitted if stored or parked in compliance with Sections 1211.09 , 1211.20 and 1211.30 .
      (Ord. 1983-69.  Passed 1-3-85.)
   (i)   Central Air Conditioners, Heat Pumps and Other Such Appliances.  Central air conditioners, heat pumps and other such appliances shall be permitted in any of the residential districts provided, however, that in the R-1F-80 and the R-2F-100 districts such appliances shall not be located in the front yards and shall not be visible from the street on which the lot fronts. 
(Ord. 2004-109.  Passed 12-16-04.)
   (j)   Signs.  Signs, nameplates, bulletin boards shall be as permitted and regulated in Chapter 1223
(Ord. 1977-108.  Passed 9-1-77.)
   (k)   Utility Buildings.  A utility building shall be permitted in a rear yard for the storage of recreational equipment, garden tools, swimming pool maintenance equipment (in lieu of a pool house as permitted in subsection (g)(4) hereof) and general household items, provided that such building is not larger than is permitted in the following schedule:
 
Lot Size
Maximum
Max. Area
(S.F.)
Building Size
Max. Height
(Feet)
Minimum Setback
Side & Rear Line
(Feet)
Under 20,000 S.F.
120
11
10
20,000 to less than 40,000
150
12
10
40,000 to less than 60,000
200
14
10
60,000 to less than 80,000
300
15
15
80,000 S.F. or greater
400
15
20
 
Provided further that an unenclosed portion of a utility building is counted as part of the area of the utility building and that any utility building shall not be located within any easement area for storm sewers, sanitary sewers, drainage or access thereto.  Utility sheds shall not have doorways facing the nearest adjacent side and rear lot lines and shall have landscape screening between the shed and the adjacent side and rear lot lines. 
Notwithstanding the above table, on lots of seventy-five feet in width or less, a utility building shall be permitted for the storage of recreational equipment, garden tools, swimming pool maintenance equipment (in lieu of a pool house as permitted in subsection (g)(4) hereof) and general household items with a minimum setback in the side and rear yard of five feet except on the street side of a corner lot which shall provide a thirty-foot side yard setback.
(Ord. 2013-40.  Passed 9-5-13.)
   (l)   Home Occupations.  A home occupation shall be permitted in a dwelling if:
      (1)   It is incidental to the use of the dwelling for residential purposes;
      (2)   The residential character of the dwelling exterior is not changed;
      (3)   Only members of the resident family are engaged in such occupation;
      (4)   No mechanical equipment is used which will create any electrical structures or noise beyond the lot; and
      (5)   No item shall be manufactured on the premises or retail sales made or materials displayed from the premises.
(Ord. 1977-108.  Passed 9-1-77.)
   (m)   Tennis courts are not a permitted use.(Ord. 1997-35.  Passed 6-5-97.)
   (n)   Outdoor Recreational Fireplaces.
      (1)   An outdoor recreational fireplace is any permanent structure that is primarily intended to provide heat and/or cooking facilities to the exterior areas of any residence or premises through the burning of wood, fossil fuels, or other combustibles, or through the use of electricity or any other energy source, and which is either detached from the residence, or which is attached to the residence and exceeds three feet in height.
      (2)   Detached.  Outdoor Recreational Fireplaces that are detached from a residence shall only be located in the rear yard area of the lot.  Such structures shall be located no closer than twenty (20) feet to any side or (30) feet to any rear property line of a lot.  In addition, such structures shall be located no closer than twenty-five (25) feet to any residence or structure on an adjacent lot.  No Outdoor Recreational Fireplace that is detached from the residence shall exceed twelve (12) feet in height.  Neither shall such structures exceed eight (8) feet in width nor five (5) feet in depth for the first five (5) feet in height, nor three (3) feet in width or depth for any portion of the structure above the height of (5) feet.  No detached Outdoor Recreational Fireplace shall be located closer than twenty (20) feet to any building on the same property.  All detached Outdoor Recreational Fireplaces shall comply with the construction requirements of the Residential Building Code as adopted by City Council.
      (3)   Attached.  Outdoor Recreational Fireplaces that are attached to a residence shall be considered to be part of the residence and shall be in compliance with all relevant requirements of the Zoning Code as adopted by Westlake City Council.  All relevant requirements of this section that are specified for detached outdoor recreational fireplaces shall apply to attached outdoor recreational fireplaces unless otherwise expressly prohibited under the provisions of the Residential Code of Ohio.
      (4)   All Outdoor Recreational Fireplace Structures shall only be constructed of decorative brick or stone or other approved finish and shall have equal level of finish on all sides.
      (5)   The installation of all Outdoor Fireplaces shall be in accordance with either the Residential Building Code of the City of Westlake as adopted by Council, or with the manufacturer’s installation instructions, whichever is more restrictive. 
(Ord. 2008-61. Passed 2-19-09.)
   (o)    Outdoor Structures and Lot Coverage.  Free standing, non-vehicular, open air structures, roofed or unroofed for non-storage, and non-vehicular parking purposes including, but not limited to gazebos, pergolas, arbors, pavilions, trellises,  outdoor kitchens or other similar structures shall be as set forth permitted in the following schedule:
Permitted Building and Impervious Surface Coverage in Rear Yards
Size of Lot  (sq. ft.)
Total Maximum Unenclosed Structures * 1 (sq. ft.)
Maximum % Coverage, Structures, Including Roofs
Maximum % Coverage, All Impervious Surfaces, Including
Roofs **
2
Minimum Setback Side and Rear Line (Feet) *** 3
Under 20,000
200
15
50
10
20,000 to under 40,000
300
15
50
10
40,000 to under 60,000
400
15
45
10
60,000 to under 80,000
500
10
30
15
80,000 or greater
600
5
20
20
1 * Includes gazebos, pergolas, arbors, pavilions, trellises, outdoor kitchens and other similar structures which are permitted to have screens but otherwise must remain unenclosed.
2 ** Impervious surfaces include both rear yard paving as well as all rear yard structures, combined.
3 *** Freestanding arbors or arbors that are part of fences are permitted in both rear and side yards no closer than 3 feet to a property line.
      Provided further that such outdoor structures are restricted in height as follows:
      (i)    Flat Roof- Maximum Height of 10 feet.
      (ii)    Sloped Roof- Maximum Height of 15 feet.
         (Ord. 2013-40. Passed 9-5-13.)