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Repealing Old Section Of General Provisions Of Planning & Zoning And Enacting New Section

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An Ordinance Repealing Old Section Of General Provisions Of Planning & Zoning And Enacting New Section
Ordinance No. 2015-29, Village Of Yellow Springs, Ohio
Interested persons will take note that the Village Council of Yellow Springs on
Monday, Nov. 2, 2015, gave first reading to an ordinance, text to follow.
Council will consider said ordinance for a second reading and a public hearing
to begin at 6:30 p.m., Monday, Nov. 16, 2015, in the Br yan Community Center,
100 Dayton St.
Whereas, an analysis of properties in the Village revealed that the current regu-
lations regarding accessor y structures is too limiting on property owners; and
Whereas, the Zoning Code as drafted does not regulate the installation of
residential driveways; and
Whereas, Planning Commission held a public hearing on September 14, 2015
and following the public hearing recommended approval of this code revision in
accordance with Section 1280.03 of the Yellow Springs Codified Ordinances; and
Whereas, it is Village Council’s intent to amend Section 1260.04 of the Codified
Ordinances to more accurately reflect how property owners desire to make use of
their properties and to regulate the installation of residential driveways.
Section 1. That Section 1260.04 Uses of Chapter 1260 General Provisions of
Title Four Zoning of Part Twelve Planning and Zoning of the Codified Ordinances
of the Village of Yellow Springs, Ohio be repealed.
Section 2. That a new Section 1260.04 Uses of Chapter 1260 General Provi-
sions of Title Four Zoning of Part Twelve Planning and Zoning of the Codified
Ordinances of the Village of Yellow Springs, Ohio be enacted to read as follows
with new language underlined and text to be deleted in strikeout:
1260.04 Uses
(a) Accessory Buildings and Structures.
(1) Accessory buildings or garages shall be considered to be part of the principal
building and subject to all setback requirements of the principal building, if
structurally and architecturally integrated into the building or if attached by
an enclosed breezeway or similar enclosed structure not greater than ten feet
in length. Detached accessory buildings shall be located at least ten feet from
any principal building.
(2) Accessory buildings and structures shall not be erected in any front yard.
(3) Accessory buildings and structures may be erected in a rear yard if set back
at least ten feet from the rear and five feet from the side property lines. In
any case, accessory buildings and structures shall not occupy more than 30
percent of the required rear yard.
(4) An accessory building or structure designed for and containing a vehicle
entrance to be accessed from an existing publicly dedicated and commonly
used alley may be located on the rear lot line, if parking space plans have been
approved by the zoning administrator.
(5) The height of an accessory structure shall not exceed eighteen feet when
a hip or gable roof is used, fifteen feet when a mansard or gambrel roof is
used and twelve feet when a flat or shed roof is used, except when a dwelling
unit is included in the structure, in which case the height shall not exceed
twenty-four feet.
(6) The total square footage of all aAccessory structures on the property shall
not exceed 66 50 percent of the principal building floor area or 800 750 square
feet, whichever is less.
(7) An accessory building or accessory structure shall not be constructed or occu-
pied on a lot before the principal building or use on the lot is constructed.
(8) Accessory buildings and structures in planned unit developments shall be
subject to the same requirements as in the Residential Districts.
(9) Accessory structures located in a designated flood hazard area shall comply
with the additional provisions set forth in Chapter 1282.
(10) Swing sets, playground equipment, garden trellises, well-head covers and
similar above-ground yard equipment accessory to a residential use shall
be exempt from the provisions of this zoning code, except for height limita-
tions, or unless specific provision is made for such equipment by Village
(11) Buildings and structures accessory to non-residential uses shall meet the
minimum setback requirements and height limitations for principal buildings
in the respective zoning district.
(12) Accessory structures and buildings shall share all public utilities (water/
sewer/electric) with the principal building. Accessory structures and build-
ings will not be separately metered.
(b) Essential Services. The installation and maintenance of essential service equipment
is exempt from this zoning code.
(c) Illegal Dwellings. The use of any basement for dwelling purposes is prohibited
in any zoning district, unless the basement meets the appropriate Village build-
ing codes. Buildings erected as garages or accessory buildings shall not be
occupied for dwelling purposes, except in conformance with the requirements of
Section 1262.08(e)(1) for accessory dwellings.
(d) Principal Use per Lot. A lot or parcel shall not be devoted to more than one princi-
pal use, or contain more than one principal building, except for groups of multiple
family dwellings, agricultural buildings, approved mixed use developments, PUDs,
or commercial or industrial buildings determined by the Planning Commission to
be a principal use collectively, based on meeting all of the following criteria:
(1) Individual buildings share common parking areas, signs, access and similar
(2) Buildings are under single ownership;
(3) Individual activities support one another (such as auto sales/vehicle repair or
gas station/restaurant/convenience store); or
(4) Buildings are architecturally unified and compatible.
(e) Prohibited Uses. Uses not specifically permitted by right or conditional approval
by this zoning code shall be prohibited.
(f) Uses in Conformance. No building, structure or land shall be used or occupied, and
no building, structure or part thereof shall be erected, constructed, reconstructed,
moved, enlarged or structurally altered, unless in conformity with the provisions
of this code.
(g) Uses on a Lot. Every building, structure or use erected or established within the
Village shall be located on a legally recorded lot or parcel and shall conform to all
applicable requirements of this code.
(13) Residential access driveways shall be at least three feet from side property
lines and construction shall ensure that drainage is sloped away from adja-
cent properties.
Section 3. This ordinance shall take effect and be in full force at the earliest
date permitted by law.
Karen Wintrow, President


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