Village of Boston Heights OH, Planning and Zoning Code  

CHAPTER 1171
Additional Use, Height and Area Regulations

CROSS REFERENCES

Accessory building defined - see P. & Z. 1141.02

Basement house defined - see P. & Z. 1141.06

Height - see P. & Z. 1141.10

1171.01 PROVISIONS ARE SUPPLEMENTARY.

The regulations in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Zoning Ordinance.
(Ord. 87-1951. Passed 7-10-51.)

1171.02 HEIGHT EXTENSIONS.

(a) Public, semi-public or public service buildings or schools, when permitted in a district, may be erected to a height of not more than sixty feet and churches and temples may be erected to a height of not more than seventy-five feet if the building is set back from each lot line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

(b) Chimneys, cooling towers, elevator bulkheads, fire towers, belfries, monuments, stacks, tanks, water towers, silos, farm buildings or necessary mechanical appurtenances may be erected to any lawful and safe height. (Ord. 87-1951. Passed 7-10-51.)

1171.03 LOTS OF RECORD, NONCOMPLIANCE WITH AREA OR YARD REQUIREMENTS.

Any lot of record or lot for which a land contract has been issued or any lot within an unrecorded allotment of which at least one-half of the lots are of record or have been sold on land contract on the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951), may be used for a single or a two family dwelling in existence prior to May, 1995 irrespective of the area of the width of the lot; the width of the side yard of any such lot need not exceed ten percent (10 %) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20 %) of the depth of the lot. However, in no instance shall the minimum dimensions of the side and the rear yards be less than five and twenty feet, respectively. The building lines established on lots within a recorded allotment shall prevail over those established in this Zoning Ordinance.
(Ord. 21-2000. Passed 10-11-00.)

1171.04 REAR YARD VARIATION.

Buildings on through lots extending from street to street may waive the requirements for a rear yard by furnishing an equivalent space in lieu of such required rear yard.
(Ord. 87-1951. Passed 7-10-51.)

1171.05 ACCESSORY BUILDINGS.

(a) Accessory buildings which are not a part of the main building may be built in a rear yard within five feet of the rear and side lot lines. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30 %) of the required rear yard and shall not be located nearer than sixty feet from any front lot line.

(b) Accessory buildings which are to be used for storage purposes only may be erected on a lot prior to the construction of the main building, but no accessory building shall be used for dwelling purposes, except by hired help employed on the premises.
(Ord. 87-195 1. Passed 7-10-5 1.)

1171.06 BASEMENT HOUSES; TIME LIMIT.

A basement house having more than one-third its height above the grade of the surrounding land, may be used for residence purposes for a period of two years from the time a permit is secured therefor. Thereafter, sleeping rooms and kitchen must be provided above the basement. Such basement houses shall have two means of ingress or egress.
(Ord. 87-1951. Passed 7-10-51.)

1171.07 PROJECTIONS INTO YARDS; FENCES; PORCHES;

TERRACES.

(a) Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylight, sills, beltcourse, cornices and ornamental features projecting not more than twelve inches. This requirement shall not prevent the construction of fences with openings and not more than six feet in height except on that portion of lots within thirty feet of the intersection of two or more streets.

(b) Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground (first) story may project into a required yard, provided these projections are distant at least two feet from the adjacent lot line. The ordinary projections of chimneys or flues are permitted into the required side and front yards.

(c) An open unenclosed or screened porch, or paved terrace may project into the front yard for a distance not to exceed ten feet.
(Ord. 87-1951. Passed 7-10-51.)

1171.08 MOBILE HOMES.

No motor homes, travel trailers, cabin cars, camp cars, railroad cars or mobile homes shall be permitted on any lots or lands in any district except as follows:

(a) The owner of any occupied land may keep, maintain or park a motor home, travel trailer or personal recreational vehicle upon his own property. However, such vehicles shall number not more than two and shall not be occupied for living purposes while so parked upon his land.

(b) The owner of any occupied land may permit visiting relatives or friends to park a motor home, travel trailer or other recreational vehicle upon his own land for a period of time not to exceed thirty days and during such period of time the recreational vehicle shall not be used or occupied for living purposes, The Board of Zoning Appeals upon application may extend such allowable time as it may determine to be reasonable under the circumstances advanced.
(Ord. 27-1972. Passed 6-21-72.)

1171.09 PRIVATE GROUP RECREATION AREAS.

A camp or grounds for a private club, church group, fraternal organization or service group, the chief activity of which is not a business , and where no liquor is sold on the premises, may be established for picnic or recreational purposes in any of the districts herein created if the total area of such camp or grounds is at least two acres in area. The facilities thereon may include seasonal cottages and structures for recreational purposes. An established camp or grounds for commercialized recreational purposes may expand its facilities with the approval of the Board of Zoning Appeals.
(Ord. 87-1951. Passed 7-10-51.)

1171.10 JUNK YARDS.

No automobile dismantling yard, discarded motor vehicle dump or the storage of junk metal, paper, rags, rubber, glass or other discarded or salvaged articles shall be permitted on lands in the R-1, R-2 or B-1 Districts.
(Ord. 87-1951. Passed 7-10-51.)

1171.11 RUBBISH DUMPS. ("DELETE" was handwritten here on Village copy)

Rubbish dumps may be permitted by the Board of Zoning Appeals at a public hearing after approval by Council where such use of property may be made without undue injury to neighboring properties and proper safeguards have been required.

1171.12 CONSTRUCTION PRIOR TO THIS ZONING ORDINANCE.

Nothing contained in this Zoning Ordinance shall hinder the construction of a building or prohibit its use where construction has started before the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951), provided the ground story framework including structural parts of the second floor were completed before such effective date.
(Ord. 87-1951. Passed 7-10-51.)

1171.13 RAISED ADVERTISING SIGNS.

Any advertising sign intended to be raised in height above the parapet of a building on any lot of land where advertising signs are provided for may be permitted upon application to the Board of Zoning Appeals, but in no instance shall any such advertising sign be permitted or application honored wherein such sign is intended to be elevated to a height greater than forty feet above grade level of the street or highway fronting such parcel and no such sign shall be permitted where the advertising or identification area exceeds 100 square feet in area, which includes both sides.

There shall be no rotating, flashing or sequential lighting of any sign erected.
(Ord. 38-1971. Passed 12-29-71.)

1171.14 DESIGN AND FIREPROOFING FOR COMMERCIAL OR INDUSTRIAL BUILDINGS.

Every building, intended for business, commercial and/or industrial purposes shall be constructed of fireproof building materials and such materials are to be approved by the Ohio Building Code and any portion or part of such building visible from any street or highway shall be constructed of face brick or ornamental masonry. No illuminated facias, roofs, arches or other plastic structures or materials may be incorporated in the exterior design of such buildings or structures.
(Ord. 38-1971. Passed 12-29-71.)

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