A.
Building permit required for accessory buildings. No owner shall,
within the Village of Athens, build, construct, use or place any type
of an accessory building, including prefabricated accessory buildings,
until a permit shall have first been obtained from the Zoning Administrator.
Application for an accessory building permit shall be made in writing
to the Zoning Administrator. With such application, there shall be
submitted the required fee and a complete set of plans and specifications,
including a plot plan or drawing accurately showing the location of
the proposed accessory building with respect to adjoining alleys,
lot lines and buildings. If such application meets all requirements
of this section, the application shall be approved.[1]
B.
Principal use to be present. An accessory use or structure in any
zoning district shall not be established prior to the principal use
or structure being present or under construction. Any accessory use
or structure shall conform to the applicable regulations of the district
in which it is located, except as specifically otherwise provided.
C.
Number of permitted garages and accessory buildings on residential
lots.[2]
(1)
Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building and one nonportable children's play structure may be placed on a lot, except as otherwise limited by Subsections C(2), D and E below.
(2)
Limitation on number of garages and accessory buildings. One detached garage per dwelling unit shall be permitted, provided that it does not exceed the maximum size limits set forth in Subsection D and the following number limits:
(a)
Residentially zoned parcels with a three-car or fewer garage
attached to the dwelling are permitted to have one additional detached
garage or garden-type shed on the parcel.
(b)
Residentially zoned parcels with a detached garage are permitted to have an additional garden-type shed on the parcel. The combined size of the detached garage and garden-type shed must not exceed limits set forth in Subsection E.
(c)
Garages attached to dwellings shall be three stalls or fewer.
D.
Size limits for attached residential garages. One attached garage
per dwelling unit shall be permitted, and the dimensions of said attached
garage shall be as follows:[3]
(1)
The maximum square feet of attached garage floor area shall be limited
to the smaller of either 1,000 square feet or the first floor dwelling
unit area in the case of a single-family residence.
(2)
The maximum square feet of attached garage floor area shall be limited
to the smaller of either 600 square feet or the first floor dwelling
unit area in the case of a duplex, two-family dwelling, or multiple-family
dwelling.
E.
Size limits for detached residential garages. One detached garage
per lot shall be permitted, and the dimensions of said detached garage
shall be as follows:[4]
(1)
The maximum square feet of detached garage floor area shall be limited
to the smaller of either 1,200 square feet, the first floor dwelling
unit area of the principal structure, or 30% of the rear yard.
F.
Height and setback requirements for attached accessory buildings/garages.
(1)
Accessory buildings/garages which are attached to the principal building
shall comply with the setback requirements for the principal building.
(2)
When accessory buildings are attached to the principal building by
a breezeway, passageway or similar means, they become part of the
principal building and shall comply in all respects with the yard
requirements and local building code requirements for the principal
building.
G.
Height and setback requirements for detached residential accessory
buildings/garages.[5]
(1)
Garages and other detached accessory buildings shall be less than
25 feet in height. The roof pitch of detached garages and accessory
buildings shall not exceed the steepest pitch of the principal structure.
(2)
No detached accessory building shall be located within six feet of
any other accessory building.
(3)
Detached accessory buildings shall have an six-foot setback from
side lot lines and a six-foot setback from rear lot lines. However,
where a rear lot abuts an alley, accessory buildings not attached
to the principal building shall be located so as to be not closer
than six feet to the rear lot line, except that when the accessory
building is a garage that has its entrance facing the alley, the rear
yard setback shall be 20 feet for the garage.
(4)
The dimensions of any swimming pool, detached garage, tennis court
and other detached accessory buildings/structures shall be included
in the determination of available lot area coverage for accessory
structures.
(5)
An accessory building shall not be nearer than six feet to the principal
structure unless the applicable building code regulations in regard
to one-hour fire-resistive construction are complied with.
(6)
In no event can a detached accessory structure be forward of the
front line of the principal structure.
H.
Use restrictions in residential districts. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry, except for home occupations as permitted by § 480-43, and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential purposes. Under no circumstances may a tent or recreational vehicle be used as a dwelling or an accessory structure.
I.
Placement restrictions in nonresidential districts. An accessory
use or structure in a commercial or industrial district may be established
in the rear yard or side yard and shall not be nearer than 10 feet
to any side or rear lot line or be greater than 10 feet in height.
Detached accessory buildings and structures in commercial and industrial
districts shall not occupy more than 50% of the rear and side lot
areas.
J.
Corner lots. When an accessory structure is located on the rear of
a corner lot, it shall not be located beyond the front yard required
on the adjacent interior lot to the rear, nor nearer than three feet
to the side line of the adjacent structure.
K.
Landscaping uses. Accessory structures and vegetation used for landscaping
and decorating may be placed in any required yard area. Permitted
structures and vegetation include flagpoles, ornamental light standards,
lawn furniture, sundials, birdbaths, trees, shrubs and flowers and
gardens.
L.
Temporary accessory uses. Temporary accessory uses such as real estate
sale field offices or shelters for materials and equipment being used
in the construction of the permanent structure may be permitted by
the Zoning Administrator.
M.
Garages in embankments in front yards. Where the mean natural grade
of a front yard is more than eight feet above the curb level, a private
garage may be erected within the front yard, provided that:
N.
Outdoor lighting. Outdoor lighting installations shall not be permitted
closer than three feet to an abutting property line and, where not
specifically otherwise regulated, shall not exceed 15 feet in height
and shall be adequately shielded or hooded so that no excessive glare
or illumination is cast upon the adjoining properties and shall not
register more than 1/2 footcandle at the property line.
O.
Lawn accessories. Walks, drives, paved terraces and purely decorative
garden accessories such as pools, fountains, statuary, sundials, flagpoles,
etc., shall be permitted in setback areas but not closer than three
feet to an abutting property line other than a street line.
P.
Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls. (See § 480-86.)
Q.
Children's play structures. For purposes of this section, nonportable
children's play structures, including playhouses, tree houses
or elevated play structures and climbing gyms, shall be considered
accessory structures for purposes of complying with the setback requirements
of this section, whether such play structures are placed on a foundation
or not. Portable swing sets, slides and sandboxes are not considered
children's play structures for purposes of this section. A building
permit is not required for the construction of a play structure. Play
structures shall not be used for storage or be constructed out of
materials that would constitute a nuisance.
S.
Offensive uses prohibited. No accessory use shall be dangerous, obnoxious
or offensive to persons residing in the vicinity, nor shall it impair
the use, enjoyment or value of any property.[6]
T.
Gardening. Home gardening is a permitted accessory use on any dwelling
lot or a principal use on any vacant lot or parcel.
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may be stacked not closer than
two feet to any lot line and not higher than six feet from grade,
except adjacent to a fence where firewood can be stacked against the
fence as high as the fence. "Fence" as used in this section shall
not include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of within 15 days and shall not be
allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code of Ordinances.[1]
E.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
A.
Fence defined. For the purpose of this section, "fence" is herein
defined as an enclosed barrier consisting of wood, stone or metal
intended to prevent ingress or egress. No fence shall be constructed
of unsightly or dangerous materials which would constitute a nuisance.
B.
Fences categorized. Fences shall be categorized into the following
classifications:
(1)
Boundary fence. A fence placed on or within three feet of the property
lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the
public health, safety and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance
the appearance of the structure or the landscape.
C.
Height and placement of fences regulated.
(1)
Residential fences six feet or less in height are permitted on rear
and side lot lines. Residential fences less than or equal to three
feet in height are permitted in the street yard setback area but shall
not be closer than two feet to any public right-of-way. All fences
must be constructed and maintained in a good state of repair and appearance.
(2)
Corner lots.
(a)
In order to provide adequate vision clearance on corner lots,
no fence shall be erected or maintained within the triangular space
formed by two intersecting street, alley, or driveway (public or private)
property lines and a line joining points on such property lines (or
projections thereof) located less than:
(b)
Street or alley property lines are measured from the right-of-way
or easement lines establishing such street or alley. Driveway lines
are measured from the easement establishing such driveway or, in the
case of no easement, from the edge of the driveway surface.
(3)
In any residential district or on any lot or premises the principal
use of which is for residential purposes, no lengthwise fence or other
lengthwise barrier or obstruction shall be erected, placed, installed
or reinstalled in any area where there is a distance between main
residential buildings of 10 feet or less.
(4)
No fence or wall shall be erected, placed or maintained along a lot
line on any nonresidentially zoned property adjacent to a residentially
zoned property to a height exceeding eight feet.
D.
Setback for residential fences. Fences on or adjacent to a residential
property (or property primarily residential in use) are permitted
on lot lines. Fences may be constructed alongside lot lines but shall
not extend into the front setback area as extended to the side lot
lines.
E.
Security fences. Security fences are permitted on the property lines
in all districts except residential districts but shall not exceed
eight feet in height and shall be of an open type similar to woven
wire or wrought iron fencing.
F.
Prohibited fences.
(1)
No fence shall be constructed which is of a dangerous condition or
which uses barbed wire; provided, however, that barbed wire may be
used in industrially zoned areas if the devices securing the barbed
wire to the fence are eight feet above the ground or higher and project
toward the fenced property and away from any public area.[1]
(2)
Although fences which conduct electricity or are designed to electrically
shock are generally prohibited, such fences using smooth wire are
allowed for the limited purpose of deer control.
(3)
No woven, twisted, welded or interlaced wire fence, such as using
chicken wire, shall be located in a nonindustrial district, unless
such fencing is ornamental in character.
G.
Fences to be repaired.
(1)
All fences shall be maintained and kept safe and in a state of good
repair, and the finished side or decorative side of a fence shall
face adjoining property.
(2)
When any existing fence which does not conform to the requirements
of this section is damaged or in need of repair to an extent that
exceeds 50% of the then value of the fence, said entire fence shall
either be completely dismantled or reconstructed in compliance with
the provision of this section.[2]
(3)
All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. If a fence needs repair and maintenance, said fence shall be painted or stained in only neutral colors. Failure to maintain a fence in good condition and repair will result in the Village issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and a penalty set forth in Chapter 1, Article I, of this Code.
H.
Temporary fences.
(1)
Fences erected for the protection of planting or to warn of construction
hazard, or for similar purposes, shall be clearly visible or marked
with colored streamers or other such warning devices at four-foot
intervals. Such fences shall comply with the setback requirements
set forth in this section. The issuance of a permit shall not be necessary
for temporary fences as described herein, but said fences shall not
be erected for more than 45 days.
(2)
This section is not intended to regulate seasonal or temporary fences
such as garden or snow fences, except that such fences shall be removed
when the condition or season for which said fence was erected no longer
exists. There shall be no fee for any such seasonal or temporary fence.
I.
Visibility; open spacing requirement for commercial/industrial fences.
(1)
(2)
All fences hereafter erected or constructed shall provide openings
for a passage of air equivalent to 25% of the surface area of the
fence and shall have the structural components thereof facing the
side of the property for and on which the same are erected. In residential
areas where privacy is desired, a privacy fence with less than such
25% open spacing may be erected, provided that such fence may not
extend farther than 25% from the main rear line of such residence.
A fence situated in a residential area shall be constructed only of
wood or chain-link-type fencing. Fences shall not be constructed of
luminous materials or smooth or corrugated metal materials. All fences,
including privacy fences, if said fence is to be stained or painted
by the property owner or on his/her behalf, shall be stained or painted
in only neutral colors.
J.
Special purpose fences. Fences for confining dogs, etc., shall not exceed seven feet in height and shall be no larger than necessary for such purpose and shall conform to the building setbacks of this chapter. Swimming pool and hot tub fences shall comply with the requirements of § 480-85.
K.
Height determination. The height of any fence erected under this
section shall be determined by the measurement from the uppermost
point of the fence to the existing ground level of the property.
L.
Nonconforming fences. Any fence existing on the effective date of
this chapter and not in conformance with this section may be maintained,
but alterations, modifications or improvements of more than 50% of
said fence shall require the owner to bring the fence into compliance
with this section.
M.
Fence permit required. No person shall erect a fence in the Village
without first obtaining a fence permit from the Village and paying
the required permit fee. The applicant shall provide the Zoning Administrator
with accurate design information for the proposed fence. Permits may
only be issued for proposed fences complying with this section.
N.
Location determination. The property owner erecting a fence is solely
responsible for ensuring that the fence is located properly on his/her
property.
A.
Definition. A private or residential swimming pool is an outdoor
structure containing a body of water in a receptacle or other container
having a depth for water at any point greater than two feet located
above or below the surface of ground elevation, having an area greater
than 150 square feet, used or intended to be used solely by the owner,
operator or lessee thereof and his/her family, and by friends invited
to use it, and includes all structural facilities, appliances and
appurtenances, equipment and other items used and intended to be used
for the operation and maintenance of a private or residential swimming
pool.
B.
Exempt pools. Storable children's swimming or wading pools with
a maximum dimension of 15 feet and a maximum wall height of 24 inches
and which are so constructed that they may be readily disassembled
for storage and reassembled to their original integrity are exempt
from the provisions of this section. Inflatable pools of all types
are exempt.
C.
Permit; construction requirements. In addition to such other requirements
as may be reasonably imposed by the Zoning Administrator, the Zoning
Administrator shall not issue a permit for construction or installation
of a swimming pool or hot tub unless the following construction requirements
are observed and the fee as prescribed in the Village Fee Schedule
is paid:
(1)
All materials and methods of construction in the construction, alteration,
addition, remodeling or other improvements for pool or hot tub installation
shall be in accord with all state regulations and with any and all
ordinances of the Village now in effect or hereafter enacted.
(2)
All plumbing work shall be in accordance with all applicable ordinances
of the Village and all state codes. Every private or residential swimming
pool or hot tub shall be provided with a suitable draining method,
and in no case shall waters from any pool or hot tub be drained into
the sanitary sewer system or onto lands of other property owners adjacent
to that on which the pool is located or in the general vicinity.
(3)
All electrical installations, including lighting and heating but
not limited thereto, which are provided for, installed and used in
conjunction with a private swimming pool or hot tub shall be in conformance
with the state laws and Village ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Private swimming pools or hot tubs shall be erected or constructed
in rear or side yards only and only on a lot occupied by a principal
building. No swimming pool or hot tub shall be erected or constructed
on an otherwise vacant lot. A lot shall not be considered vacant if
the owner owns the contiguous lot and said lot is occupied by a principal
building.[1]
(2)
No swimming pool or hot tub shall be located, constructed or maintained
closer to any side or rear lot line than is permitted in the Zoning
Code for an accessory building, and in no case shall the water line
of any pool or hot tub be less than six feet from any lot line.
(3)
Swimming pools and hot tubs shall not be constructed in the front
yard or in a required corner side yard.
(4)
Swimming pools, either open or enclosed, shall be considered the
same as accessory buildings for purposes of calculating the maximum
area they may occupy in a required rear yard.
E.
Enclosure.
(1)
Fence; in-ground pools. All outdoor, below-grade swimming pools shall
have a fence or other solid structure not less than four feet in height
completely enclosing the pool with no opening therein (other than
doors or gates) larger than three inches square. All gates or doors
opening through the enclosure shall be kept securely closed and locked
at all times when not in actual use and shall be equipped with a self-closing
and self-latching device designed to keep and capable of keeping such
door or gate securely locked at all times when not in actual use.
(2)
Aboveground pools; pool wall barrier.
(a)
An approved barrier shall consist of a solid wall of durable
material of which the pool itself is constructed and shall extend
directly above the vertical water-enclosing wall of the pool. Such
walls shall extend more than three feet above the level of the ground
immediately adjacent to the pool. Such a solid pool wall barrier shall
not be located within six feet of any other wall or fence or other
structure which can be readily climbed by children. Every entrance
to a pool, such as a ladder, must be secured or adequately safeguarded
to prevent unauthorized entry into the pool.
(b)
The pool enclosure may be omitted where portable pools are installed
above ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing a minimum of 36 inches high on the
top.
(3)
Miscellaneous requirements.
(a)
Swimming pools and hot tubs surrounded in whole or in part by
a deck which has steps leading to the swimming pool or hot tub shall
be equipped with a gate a minimum of four feet in height and capable
of being latched and locked with a combination lock or by a lock worked
by a key to secure access to the swimming pool or hot tub when not
in use.
(b)
Service gates and gates which are part of a fence or wall enclosing
a swimming pool or hot tub which are located across a driveway shall
be kept closed and latched at all times by the property owner or occupier
when not in use for ingress or egress. When such areas are not in
use, such gates shall be locked with a combination lock or by a lock
worked by a key.
(c)
Hot tubs equipped with a fitted cover and capable of supporting
a minimum of 200 pounds shall be exempt from required fencing.
F.
Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer nor to overflow upon or cause damage to any adjoining property.
Provisions may be made for draining the contents of any swimming pool
into a storm sewer, but such installation shall be subject to prior
approval by the Superintendent.[2]
G.
Filter system required. All private swimming pools within the meaning
of this chapter must have, in connection therewith, some filtration
system to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof.
H.
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
A.
Purpose. The purpose of this section is to protect public and private
property from the effects of poorly designed and constructed retaining
walls.
B.
Permit required. A permit shall be required for all retaining walls
constructed that exceed 24 inches in height, including terraced retaining
wall projects where the total height of all walls exceeds 24 inches,
and are closer than 15 feet to a property line.
C.
Application. Application shall be made to the Zoning Administrator
on forms provided and shall include a site plan and a set of construction
plans. Plans sealed by a professional engineer registered in the state
and/or other information necessary to adequately review the proposed
retaining wall may also be required by the Zoning Administrator.
D.
Performance standards. A retaining wall shall be designed to resist
the lateral pressure of the retained material in accordance with accepted
engineering practice. Walls retaining drained earth may be designed
for pressure equivalent to that exerted by an equivalent fluid weighing
not less than 30 pounds per cubic foot and having a depth equal to
that of the retained earth. Any surcharge shall be in addition to
the equivalent fluid pressure.
