15-15 Amend 1121.07, 1123.07, 1127.07 Min. Yard Requirements for Principal Buildings

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Placed on first reading and referred to the Planning Commission March 16, 2015, second reading April 6, 2015; referred back from Plan- ning Commission with changes April 2, 2015. Please substitute for the original. REFERRED TO HOUSING COMMITTEE 9/8/15. ORDINANCE NO. 15 -15 BY: Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. AN ORDINANCE amending Sections 1121.07, Minimum Yard Requirements for Prin- cipal Buildings, 1123.07, Minimum Yard Requirements for Principal Buildings, and 1127.07, Minimum Yard Requirements for Principal Buildings, of the Codified Ordinances of the City of Lakewood to adjust the necessary variance required for air conditioning units located in a side yard. WHEREAS, traditionally there are a large number of variance requests related to the placement of air conditioning compressors in the side yard; and WHEREAS, while air conditioning compressors meet the definition of a "structure" with- in the zoning code and are therefore subject to the set off requirements, it is not likely that com- pressors were contemplated when the code was drafted; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits munic- ipalities to exercise all powers of local self - government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1121.07, Minimum Yard Requirements for Principal Buildings, of the Codified Ordinances of the City of Lakewood currently reading as follows: 1121.07 MINIMUM YARD REQUIREMENTS FOR PRINCIPAL BUILD- INGS. In the RIL, RIM, and RIH Single - Family Districts each zoning lot shall main- tain the minimum front, side, and rear yard specified in Schedule 1121.07. Ex- terior steps leading to a main entrance of a principal building shall be excluded fionr the front yard requirement. For existing principal buildings with side yards of less than those specified in Schedule 1 121.07, an addition may be constructed provided that the new addition does not encroach into the existing side yard any further than the foundation sidewalls of the existing building. shall be and is hereby amended as follows: 1121.07 MINIMUM YARD REQUIREMENTS FOR PRINCIPAL BUILD- INGS. In the RIL, RIM, and RIH Single - Family Districts each zoning lot shall main- tain the minimum front, side, and rear yard specified in Schedule 1121.07. Ex- terior steps leading to a main entrance of a principal building shall be excluded from the front yard requirement. An air conditioning unit with an ANSI /AHRI sound rating of less than 70 db shall be excluded from the side yard setback,