Council hereby finds that the Planning Commission has adopted and certified to Council a plan for dividing the Municipality into zones or districts, representing the recommendations of the Commission in the interest of the public health, safety, convenience, comfort, prosperity and general welfare, for the limitation and regulation of the height, bulk and location, including the percentage of lot occupancy, setback building lines and the area and dimensions of yards, courts and open spaces, and the uses of buildings and other structures and of premises in such zones or districts.

   Council further finds that the public health, safety, convenience, comfort, prosperity and general welfare will be promoted by the regulations and restrictions hereinafter enacted and the division of the Municipality into districts or zones hereinafter created, which districts or zones, restrictions and regulations are deemed best suited to carry out the purposes for which they are authorized by law to be created, and are consistent with and as provided by such plan and recommendations of the Planning Commission.

   Council further finds that this Zoning Ordinance has been approved and recommended to Council for passage by the Planning Commission, and that a public hearing has been held thereon, of which thirty days' notice of the time and place thereof has been duly given in a newspaper of general circulation in the Municipality.

(Ord. 1735-1957. Passed 12-3-57.)

   Certain words in this Zoning Ordinance are defined for the purpose hereof as follows:

   (a)   Usage Generally. Words used in the present tense include the future. The masculine, feminine or neuter gender includes either of the others. The singular number includes the plural, and the plural includes the singular. The word "lot" includes the word "plot". The word "building" includes the word "structure" and includes advertising signs and billboards, tents and lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used for business, commercial or living purposes.

   (b)   "Accessory use or building" means a subordinate use or building customarily incident to and located on the same lot with the main use or building.

   (c)   Street or Road; Alley; Street Line or Front Lot Line.

      (1)   "Street" or "road" means any roadway or public way dedicated to public use, except an alley.

      (2)   "Alley" means a street not more than twenty feet wide.

      (3)   "Street line" or "front lot line" means the lot line dividing the lot from the street.

   (d)   "Building line", "front yard line" or "setback line" means a line on or back of the street line between which and the street no building or portion thereof, except as provided herein, may be erected above the grade level.

   (e)   "Grade level" of a lot means the average elevation of the curb directly in front of the main building. Where no such curb level has been established by the City, the level of the ground at the middle of the traveled portion of the street shall be considered the equivalent of the curb level. When the street wall of the building is back more than ten feet from the street line, the average grade level of the lots adjoining on each side, if higher than the curb level, shall be considered the grade level for the building and the lot.

   (f)   "Family" means any number of individuals regularly living, cooking and eating together on the premises as a single housekeeping unit.

   (g)   Garage; Private, Storage, Repair and Service.

      (1)   "Private garage" means a building or space used as an accessory to a main building permitted in a Residence District and providing for the storage of motor vehicles, and in which no occupation, business or service for profit connected in any way with motor vehicles is carried on.

      (2)   "Storage garage" means a building or space, other than a private garage, for the storage of motor vehicles, within which filling station service and the sale of accessories are permitted.

      (3)   "Repair garage" means a garage in which repairs on any kind of motor vehicles are permitted.

      (4)   "Service garage" means a repair garage used as an accessory to an automobile salesroom and primarily for the repair and servicing of automobiles of the make sold in the salesroom.

   (h)   "Height of a building" means the vertical distance measured from the grade level to the highest point of the coping of the street wall for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, gambrel or hip roofs.

   (i)   "Least dimension" of a yard means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean or average distance between them.

   (j)   Lot.

      (1)   "Lot" means a parcel of land fronting on a street, occupied or intended for occupancy by one main use or by one main building with its accessory buildings and uses, including such open spaces as are required by this Zoning Ordinance, together with such open spaces as are arranged and designed to be used in connection with such buildings. A lot may be a unit of land described by metes and bounds, a sublot, part of a sublot, parts of sublots, more than one sublot in a recorded subdivision, or any combination of these, having frontage on a street or road and used for one purpose.

      (2)   "Depth of lot" means the mean distance from the street line of the lot to its rear line measured in the mean direction of the side lines of the lot.

      (3)   "Width of lot" means the mean width measured at right angles to its depth.

      (4)   "Sideline" means any lot line not a front line or a rear line.

      (5)   "Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets, each more than twenty feet wide, the angle of the intersecting street lines at their points of intersection being not more than 135 degrees. It is the land occupied or to be occupied by the corner building and the accessory buildings and yards, if any.

      (6)   "Side line of a corner lot" means the line lying along the narrower or less important street, unless the lot is a sublot in a recorded subdivision and is clearly intended to front on the narrower street.

      (7)   "Privately owned lot" means a lot that is owned by any person or business that is not a Federal, State or local government or a department, agency or instrumentality of a Federal, State or local government.

(Ord. 8830-2001. Passed 11-20-01.)

   (k)   "Main building" means the building or space occupied by the chief use or activity of the premises.

   (l)   "Natural grade" means the elevation of the undisturbed natural surface «f the ground adjoining the building.

   (m)   "Nonconforming use" means a use of a building and/or land which does not comply with the regulations of the Use District in which it is located.

   (n)   "Public notice" means notice given pursuant to Ohio R. C. 713.12.

   (o)   "Dwelling" means a building arranged, intended or designed to be occupied by not more than two families living independently of each other and doing their awn cooking upon the premises.

   (p)   "Single-family dwelling" means a separate detached building designed for occupancy and occupied exclusively as a residence for one family, having not less than four rooms and a bath with a utility room or basement of not less than 140 square feet of floor area. Where a utility room is provided in lieu of a basement and the furnace and/or other items of equipment are installed in locations other than the utility room, a corresponding reduction in the minimum utility room floor area may be permitted by the Planning Commission. Whether constructed with one story, one and one-half stories or two stories, such dwelling shall have livable first floor areas, exclusive of porches, basement, utility room and any outside addition or appurtenance, not less than the following:

 

 

   (q)   "Two-family dwelling" means a detached dwelling arranged, intended or designed to be occupied by two families, one of which has its principal rooms on the first floor, and the other of which has its principal rooms on the second floor. A two-family dwelling shall also have not less than four rooms and a bath for each family with a floor area of not less than 840 square feet for each floor, exclusive of porches, outside additions and appurtenances, and in addition a utility room or basement of not less than 140 square feet of floor area.

   (r)   "Double house" means a two single-family dwelling with at least an eight-inch fire wall between, and each of which conforms to the requirements set forth in subsection (q) of this section for the first and second floors of a two-family dwelling.

(Ord. 1735-1957. Passed 12-3-57.)

   (s)   "Apartment house" means a building arranged or designed to be occupied by three or more families living independently of each other as separate housekeeping units. An apartment house shall have for each family not less than three rooms, a bath and kitchen, with a total floor area of not less than 720 square feet, and a utility room or basement of not less than 140 square feet, available to each family, except that an efficiency or one bedroom suite shall require a total floor area of not less than 425 square feet. A utility room or basement shall not be required for efficiency or one-bedroom suites, but laundry facilities must be included.

(Ord. 2214-1962. Passed 5-1-62.)

   (t)   Rooming House; Boarding House. "Rooming house" means a structure or part thereof in which not more than four sleeping rooms are available for hire as lodgings without meals. "Boarding house" means a rooming house in which meals are available to occupants.

   (u)   "Hotel/motel" means a building or group of buildings operated as a public inn for profit in which transients are lodged, with or without meals, and in which, as a rule, the rooms are occupied single and not as a dwelling unit.

   (v)   "Apartment hotel" means a building or self-contained portion of a building designed to be occupied more or less permanently as independent housekeeping units or single rooms, each such suite or room being a complete and separate unit with its access through an inner lobby through which all tenants and their guests pass to gain access to the suites or rooms.

   (w)   "Zone Map" means the map of Brook Park, Ohio, herein adopted and made a part of this Zoning Ordinance, with all the legends, designations, insignia and symbols thereon, and all additions, corrections, changes or substitutions hereafter made thereto.

   (x)   The term "Residence Districts" as used in this Zoning Ordinance shall be construed to refer to the districts created in this Zoning Ordinance which are known as Class U-1 and U-2 Use Districts.

   (y)   "Zoning Ordinance" means Ordinance 1735-1957, passed December 3, 1957, as amended, which comprises this Chapter 1121 of the Planning and Zoning Code.

(Ord. 1735-1957. Passed 12-3-57.)

   (z)   "Special District Map" means the map entitled "U-7 Brookpark Road Corridor Special District" prepared by LDR International, Inc., and dated January 20, 1998, which has been adopted and made a part of this Zoning Ordinance, with all the legends, designations, insignia and symbols thereon, and all additions, corrections, changes or substitutions hereafter made thereto.

(Ord. 8403-1997. Passed 1-27-98.)

   (a)   For purposes of this Zoning Ordinance:

      (1)   "ADULT ARCADE" means any place to which the public is permitted or invited where either or both:

         A.   Motion picture machines, projectors, video or laser disc players, or other video or image-producing devices, are available and are run via coin, token or any other form of consideration, to show images to five or fewer persons per machine at any one time; or

         B.   Live entertainment is available in a format designed for viewing by five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

      (2)   "ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

         A.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations, that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

         B.   Instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.

   A commercial establishment may have other principal business purposes that do not involve offering for sale or rental materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such a commercial establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental for consideration the specified materials, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas or are designed for use in connection with specified sexual activities.

      (3)   "ADULT CABARET" means a nightclub, bar, restaurant or similar commercial establishment that regularly features:

         A.   Persons who appear in a state of semi-nudity;

         B.   Live entertainment characterized by the depiction or description of specified anatomical areas;

         C.   Live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators or similar entertainment; or

         D.   Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

      (4)   "ADULT ENTERTAINMENT" OR "ADULT ENTERTAINMENT BUSINESS" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio or sexual encounter center.

      (5)   "ADULT MOTION PICTURE THEATER" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

      (6)   "ADULT THEATER" means a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of semi-nudity, live performances which are characterized by the depiction or description of specified anatomical areas, or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators or similar entertainment.

      (7)   "COVERING" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.

      (8)   "NUDE MODEL STUDIO" means any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include:

         A.   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;

         B.   A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

         C.   An establishment operating in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing, where, in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one semi-nude model is on the premises at any one time.

      (9)   "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

      (10)   "SEMI-NUDITY" or "SEMI-NUDE" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.

      (11)   "SEXUAL ENCOUNTER CENTER" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

         A.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

         B.   Activities between male and female persons and/or persons of the same sex when one or more of the persons are semi-nude.

      (12)   "SPECIFIED ANATOMICAL AREAS" means:

         A.   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

         B.   Less than completely and opaquely covered human genitals, a pubic region, buttocks or a female breast below a point immediately above the top of the areola.

      (13)   "SPECIFIED SEXUAL ACTIVITIES" means any of the following:

         A.   The fondling or other erotic touching of human genitals, a pubic region, buttocks, an anus or female breasts;

         B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

         C.   Excretory functions as a part of or in connection with any of the activities set forth in paragraphs (a)(13)A. and B. hereof.

   (b)   This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.

(Ord. 8402-1997. Passed 1-27-98.)

   (a)   For the purpose of this Zoning Ordinance, the City of Brook Park is hereby divided into nine classes of Use Districts, termed respectively Class U-1, U-2, U-3, U-3A, U-3B, U-3C, U-3D, U-4 and U-5; also, into three classes of Height Districts, termed respectively Class H-1, H-2 and H-3; and also into six classes of Area Districts, termed respectively Class A-1, A-2, A-3, A-4, A-5 and A-6, all as shown on the Zone Map of the City on file with the Clerk, and which accompanies this Zoning Ordinance and is hereby made a part thereof.

(Ord. 2214-1962. Passed 5-1-62; Ord. 2710-1967. Passed 11-21-67; Ord. 2783A-1967. Passed 11-10-67; Ord. 4394-1973. Passed 6-25-73; Ord. 4771-1975. Passed 7-14-75.)

   (b)   The Use, Height and Area Districts designated on the Zone Map are hereby established. The Map designations and the Map designation rules which accompany the Map are hereby declared to be part thereof and hereof.

   (c)   No building or premises shall be erected or used except in conformity with the regulations herein prescribed for the respective Use, Height and Area District in which such building or premises is located.

(Ord. 1735-1957. Passed 12-3-57.)

   For the purposes of this Zoning Ordinance, the various permitted uses of buildings and premises within and for each of the Use Districts are divided into groups, classes and subdivisions, and are hereby adopted for each Use District as follows:

   (a)   Class U-1 Uses - Single-Family House District:

      (1)   Single-family dwellings.

      (2)   Public parks, recreation grounds operated by the public.

      (3)   Municipally owned and operated public utilities, fire and police stations, armories.

      (4)   Churches, schools and libraries.

      (5)   Farms.

(Ord. 3095-70. Passed 10-16-70.)

   (b)   Class U-2 Uses - Two-Family and Apartment House District:

      (1)   Two-family dwellings.

      (2)   Double houses.

      (3)   Apartment houses.

      (4)   Apartment hotels.

      (5)   Private clubs, except clubs the chief activity of which is a service customarily carried on as a business.

      (6)   Hospitals or sanitariums other than for the insane or feeble-minded.

      (7)   Philanthropic or eleemosynary institutions other than a penal or correctional institution.

      (8)   Condominiums.

(Ord. 5906-1981. Passed 6-8-81.)

   (c)   Class U-3 Uses - Retail and Commercial District:

      (1)   Retail business of all kinds.

      (2)   Commercial greenhouses, nurseries.

      (3)   Studios, offices, banks.

      (4)   Ice delivery stations, storage and service garages.

      (5)   Salesrooms, restaurants, laundries, telephone exchanges.

      (6)   Theaters, assembly halls, dance halls, amusements, funeral parlors.

      (7)   Gasoline and oil filling stations and establishments for the service of motor vehicles, only after issuance of a Conditional Use Permit authorized by the Council after proper notice, and upon compliance with the following conditions, limitations and standards:

         A.   Applicant for such Conditional Use Permit shall secure, in writing, the consent of fifty-one percent or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.

         B.   Proponents for such station shall present to the Council a complete set of plans, specifications and blueprints, bearing the approval of the Planning Commission and Building Committee.

         C.    No gasoline and oil filling station shall be permitted on a lot or plot of ground having less than 150 feet frontage, and a total area less than 25,000 square feet.

         D.    There shall be not more than two gasoline and oil filling stations at the intersections of two main streets or thoroughfares. There shall be not more than one gasoline and oil filling station at the intersection of a main street or thoroughfare with a minor or residential street. There shall be no gasoline and oil filling stations at the intersection of two minor or residential 'streets.

         E.   The proposed station shall be of modern, fireproof construction, and shall have an enclosed area of at least 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.

         F.    Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by Council. Location of all approach ramps shall be approved by the Safety Director.

         G.    Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling station, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating or in control of such existing gasoline and oil filling stations, at least ten days before the Council hearing provided for. The Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline and oil filling station, will not create additional traffic hazards and will not endanger or menace the health and safety of the children or citizens of the City.

         H.    Parking of motor vehicles outside the gasoline and oil filling station building shall be limited to two motor vehicles for each service bay but no more than a maximum of four motor vehicles shall be so parked. No motor vehicle shall remain so parked for any period exceeding forty-eight hours.

         I.    If any gasoline or oil filling station becomes abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and such nuisance shall be abated. "Abandoned" means a failure to operate the service station for at least three consecutive months.

   Whenever the Director of Building finds any gasoline or oil filling station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by placing the station in operation in accordance with this Code, adopting and using the building for another permitted business use, or by razing the station structure, removing the pumps and signs, abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the Fire Prevention Code of the City under the supervision of the Fire Chief and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, the provisions of this section shall not apply and if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.

   Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Director of Building shall have the right to enter upon the premises and take such action as may be necessary to abate the nuisance. In abating the nuisance the Director of Building may take such action as is necessary to complete the abatement and may use any labor or equipment of the City or may contract for the abatement thereof, if such contract may be let without any expense whatsoever to the City.

   Should it be practicable to sell or salvage any material resulting from the abatement, the Director of Building may cause the material to be sold at public or private sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City and if the amount received is less than the cost of the abatement, the Director of Building shall report the matter to Council, which shall levy an assessment for the deficiency against the premises upon which such unlawful condition was abated and cause such assessment to be certified and collected as are other assessments by the City.

   Should the proceeds of the sale of any material salvaged in the course of such abatement exceed the cost thereof, the amount of such excess shall be paid to the owner of the premises upon the filing of a claim therefor and proof of title and right to such surplus.

   Any person who neglects or refuses to obey a proper order issued by the Director of Building or his duly authorized representative pursuant to this section shall be fined not more than fifty dollars ($50.00) for each offense. Each day that such unlawful condition is permitted to exist, after the time specified for the abatement thereof by the owner or occupant in the notice provided for herein, shall be deemed a separate and distinct offense.

      (8)   Shops for custom work or the furnishing of services or articles to be supplied or sold at retail on the premises, or any other enterprise for the convenience and service of and dealing directly with and accessible to the ultimate consumer, or other uses similar to the uses listed herein for a Class U-3 Use District, provided the Planning Commission finds that such uses will not be injurious to adjacent premises or the occupants thereof by reason of the emission of dust, fumes, smoke, noise or vibration.

   (d)   Class U-4 Uses - Warehousing District:

      (1)   Warehouses for the storage of building material, contractor's equipment, clothing material, food, furniture, hardware or machinery, except the following which are prohibited: scrap, junk, used material and flammable liquids.

      (2)   Wholesale establishments and uses.

      (3)   Packaging and related uses incidental to warehousing, on special permit, if the Planning Commission finds that such use will not be noxious, offensive or detrimental to the surrounding neighborhood by reason of production or emission of odor, dust, smoke, gas, vibration or noise.

(Ord. 7860-1993. Passed 10-19-93.)

   (e)   Class U-5 Uses - Industrial and Manufacturing District: (EDITOR'S NOTE: Subsection (e) was repealed by Ordinance 8577-1999, passed August 24, 1999.)

   (f)   Forbidden Uses in U-3, U-3A, U-4 and U-5 Use Districts: No open or unroofed yard for storage of lumber other new building material shall be allowed in any U-3, U-3A, U-4 or U-5 Use District, the following applies to car wash establishments:

      (1)   No car wash establishment may be established or operated within 1,000 feet of a school, public playground, recreation center or public park in the City.

      (2)   No car wash establishment may be established, operated or enlarged within one-half mile of another car wash establishment.

      (3)   No more than one car wash establishment shall be established or operated in the same building, structure, or portion thereof.

      (4)   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a car wash establishment is conducted, to the nearest property line of the premises of a car wash establishment or a school, recreation center, public playground, or public park.

      (5)   Car wash establishments shall not exceed one per every 10,000, or portion thereof, of the population of the City.

         (Ord. 11411-2024. Passed 5-14-24.)

      (1)   No storage facility may be established or operated within 1,000 feet of a school, public playground, recreation center or public park in the City.

      (2)   No storage facility may be established, operated or enlarged within one-half mile of another storage facility.

      (3)   No more than one storage facility shall be established or operated in the same building, structure, or portion thereof.

      (4)   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a storage facility is conducted, to the nearest property line of the premises of a storage facility or a school, recreation center, public playground, or public park.

      (5)   Storage facilities shall not exceed one per every 10,000, or portion thereof, of the population of the City.

(Ord. 11420-2024. Passed 6-18-24.)

   In a Class U-1 Use District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a use specified for a Class U-1 Use District and the accessory uses hereinafter provided.

   In a Class U-2 Use District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a use specified for a Class U-2 Use District and the accessory uses hereinafter provided.

   In a Class U-3 Use District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a use specified for a Class U-3 Use District.

   In a Class U-4 Use District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a use specified for a Class U-4 Use District.

   In a Class U-5 Use District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a use specified for a Class U-5 Use District.

(Ord. 5048-1976. Passed 10-23-78.)

   The following accessory uses in Residence Districts are permitted:

   (a)   Private garages and stables. In a Class U-1 Use District a private garage with a floor area of not more than 700 square feet may be erected in or on the same lot with the main building. In a Class U-2 Use District a private garage may be erected on the same lot with the main building, but shall not provide storage for more than one automobile for each 3,500 square feet of lot area, unless the Planning Commission shall find that the storage of a greater number of automobiles will not depreciate the surrounding property in value, and that the garage is needed to accommodate the occupants of the main building and will not prove dangerous to the public safety. Private stables are permitted in connection with a farm use of property.

   (b)   A residence in an accessory building only if located at the rear of the main building already erected and only for persons employed on the premises and their immediate families.

   (c)   The office of a surgeon, physician, dentist, clergyman or other professional person, except an undertaker, residing in the main building, provided such office is located in the main building and that no electrical or other equipment is used causing radio or television interference.

   (d)   Customary home occupation for gain, not including hair cutting or beauty parlor work, carried on in the residence of the occupant or in a rear building accessory thereto and requiring only customary home equipment, provided that no nonresident help is employed and no trading in merchandise is carried on.

   (e)   Farms, truck gardens, nurseries or greenhouses on property devoted to agricultural purposes, provided no such enterprise is operated for the sale of products not produced on the premises.

   (f)   Temporary and removable roadside stands erected in accordance with municipal regulations and at which there is offered for sale only produce raised in such lands which are located within the corporate limits of the City and provided, further, that sufficient space shall be furnished in connection with such use to eliminate parking on the abutting public thoroughfare.

   (g)   An enclosure for the care of poultry, pigeons, bees or rabbits for the use of the occupants of the premises, upon special permit from the Planning Commission, if and so long as the Planning Commission shall find that the size, design and location of such enclosures will not cause unnecessary damage, property depreciation, nuisance or annoyance to neighboring residents.

   (h)   A real estate sign not over six square feet in area advertising the sale, rental or lease of the building or premises on which it is maintained and placed not in advance of the building line, unless a larger sign shall be permitted by the Planning Commission upon a finding that such sign will not prove detrimental to the neighboring property.

   (i)   A sign not over two square feet in area placed back of the building line, announcing the existence of an enterprise permitted on the premises, except that public or religious institutions may have an announcement sign or bulletin board not over twelve square feet in area for their own use. No exterior sign aggregating more than twelve square feet in area shall be erected hereafter to advertise a nonconforming use, unless the Planning Commission shall find that a larger sign will not be detrimental to neighboring property or the public safety.

   (j)   Rental of one or more rooms or furnishing of table board, provided no signboard is used to advertise such use.

   (k)   Any other accessory use customarily incident to a use authorized by this Zoning Ordinance, provided such other accessory use would not violate or be inconsistent with any of the provisions of this section.

(Ord. 1735-1957. Passed 12-3-57.)

   (a)   In a Class A-1 Area District no dwelling shall be erected or altered for human occupancy unless the lot area per family is at least 15,000 square feet, provided that one single-family dwelling may be erected on any lot separately owned at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957).

   (b)   In a Class A-2 Area District no dwelling shall be erected or altered for human occupancy unless the lot area per family is at least 11,250 square feet, provided that one single-family dwelling may be erected on any lot separately owned at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957).

   (c)   In a Class A-3 Area District no dwelling shall be erected or altered for human occupancy unless the area per family is at least 10,500 square feet, provided that one single-family dwelling may be erected on any lot separately owned at the time of passage .of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957).

   (d)   In a Class A-4 Area District no dwelling shall be erected or altered for human occupancy unless the lot area per family is at least 8,400 square feet, provided that one single-family dwelling may be erected on any lot separately owned at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957).

   (e)   In a Class A-5 Area District no dwelling shall be erected or altered for human occupancy unless the lot area per family is at least 7,200 square feet, provided that one single-family dwelling may be erected on any lot separately owned at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957).

(Ord. 1735-1957. Passed 12-3-57.)

   (f)   In a Class A-6 Area District no dwelling shall be erected or altered for human occupancy unless the lot area per family is at least 3,000 square feet, provided that one single-family dwelling may be erected on any lot separately owned at the time of passage of this Zoning Ordinance (Ord. 7704-1992, passed May 5, 1992) or on any numbered lot in a recorded subdivision that was on record in the office of the County Recorder at the time of passage of this Zoning Ordinance (Ord. 7704-1992, passed May 5, 1992.)

(Ord. 7704-1992. Passed 5-5-92.)

   (a)   The following width of lots shall be required for single-family dwellings in the various Area Districts as follows:

 

 

   No two-family dwelling, double dwelling or apartment dwelling shall be erected on a lot having an average width of less than sixty feet.

(Ord. 2214-1962. Passed 5-1-62.)

   (b)   The above width requirements shall not apply to a lot separately owned at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) or to a numbered lot in a subdivision which was on record in the office of the County Recorder at the time of the passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957). The above width requirements shall also not apply, provided the Planning Commission shall find upon hearing that such width requirements constitute a hardship under the conditions and a lesser width will not detrimentally affect the surrounding property, the general purposes of this Zoning Ordinance and the general interest.

(Ord. 1735-1957. Passed 12-3-57.)

   Between the front yard building line as established by this section and the street line, no building or portion of a building may be erected above the established grade except as otherwise provided in this section.

   (a)   Residence District Front Yards. In a Residence District, except where a front yard building line is or shall hereafter be indicated on the Zone Map accompanying this Zoning Ordinance, front yard building lines are hereby determined as follows:

(Ord. 1735-1957. Passed 12-3-57.)

      (1)   The minimum building or setback line for the various Area Districts shall be as follows:

 

 

   The above setback or front yard building lines shall be measured from the street line and shall not be reduced except as hereinafter provided.

(Ord. 2214-1962. Passed 5-1-62.)

      (2)   On a street frontage between two successive intersecting streets, the minimum setback where two Area Districts meet shall be that of the lower numbered district.

      (3)   On a street frontage between two successive intersecting streets where twenty-five percent or more of such frontage is improved, the average setback of the existing buildings along such frontage shall be the front yard building line.

      (4)   No plat or subdivision may be recorded before it has been submitted to the Planning Commission, which shall establish the building or setback line consistent with the provisions of this Zoning Ordinance, prior to the filing of the same for record, but without prejudice to the right of the property owner to adopt greater front yard building lines than specified herein.

      (5)   Where in any portion of a street frontage there are lots of markedly less depth than normal, the Planning Commission, in defining and applying the provisions of this section and when in its opinion practical difficulties or unnecessary hardships occur, may divide such street frontage into sections for the application of the above setback requirements.

   (b)   Corner Lots. The following provisions shall apply where no building line is indicated on the Zone Map:

      (1)   Along the side line of a corner lot in a Residence District, except as otherwise provided herein, the distance of the building line back from the side street shall be ten percent of the average width of such lot. However, such distance back from the side line need not be more than five feet.

      (2)   On the rear third portion of a corner lot in a Residence District the building line shall be ten feet back from the side street line. In a Residence District, where the rear lot line of a corner lot is also the side line of the lot in the rear, the building line on such rear third portion of a corner lot shall be fifteen feet back from the side street line.

      (3)   On the rear of a corner lot in any Use District, where the rear lot line thereof is also the side line of a butt lot in the rear upon which a setback building line is established, no building shall be erected nearer the side street, at the rear line of the corner lot, than the established building line of such butt lot. For each foot the building sets in from such rear lot line or from the center of the rear alley, if any, it may set one foot nearer the street line, except as limited by subsections (1) and (2) of this subsection (b).

   (c)   Retail and Commercial Districts. Where a Retail and Commercial District adjoins or is surrounded by Residence Districts and the greatest frontage dimension of the area included in such Retail and Commercial District does not exceed 500 feet, the regulations provided above for front yard lines and side street yard lines in Residence Districts shall apply also to such Retail and Commercial Districts, except where a building line is otherwise indicated on the Zone Map. However, where areas are indicated for motor vehicle parking in the front areas of lots and lands in such Retail and Commercial District, the building line shall be to the rear of such parking areas at least such distance as would otherwise be required from the street line by this Zoning Ordinance.

   (d)   Any Use District. Where on any street frontage in any Use District a specific building line is indicated on the Zone Map which accompanies this Zoning Ordinance, such building line shall be the front or side street yard line for that street.

(Ord. 1735-1957. Passed 12-3-57.)

   (e)   Obstruction to View. On any lot, no hedge, shrub, tree or other growth or structure shall be erected or maintained between the front yard building line and the street line, as established by this Zoning Ordinance, so as to obstruct the view of traffic. Hedges located on the side of premises shall be maintained by the property owner at a height not to exceed three feet. Walls and fences are prohibited between the front yard building line and the street line, with the exception of decorative structures, subject to the approval of the Building Commissioner.

(Ord. 8263-1996. Passed 9-3-96.)

   (f)   Front Yard Exceptions. Whenever the plat of a subdivision approved and on record in the office of the County Recorder shows a setback building line along any frontage adopted for the purpose of creating a front or side street yard, such building line shall apply in place of any other yard line provided herein.

(Ord. 1735-1957. Passed 12-3-57.)

   (g)   Yard Encroachments. Entrance canopies or similar overhanging roofed spaces covering not more than twenty square feet of horizontal area for each fifty feet of lot frontage, and porticos or bays projecting not more than three feet exclusive of cornices and aggregating a vertical area in any story of not more than twenty percent of the area of the face of that story, shall be exempt from the front or side street yard restrictions of this Zoning Ordinance on buildings not nearer the street line than ten feet. Also exempt are steps and landings below the level of the first floor, hedges and such other objects as are exempted or permitted under this Zoning Ordinance.

(Ord. 7483-1990. Passed 10-16-90.)

   (e)   Obstruction to View. On any lot, no hedge, shrub, tree or other growth or structure shall be erected or maintained between the front yard building line and the street line, as established by this Zoning Ordinance, so as to obstruct the view of traffic. Hedges located on the side of premises shall be maintained by the property owner at a height not to exceed three feet. Walls and fences are prohibited between the front yard building line and the street line, with the exception of decorative structures, subject to the approval of the Building Commissioner.

(Ord. 8263-1996. Passed 9-3-96.)

   (a)   In a Residence District every main building shall have a rear yard, the depth of which shall not be less than twenty percent of the average normal depth of the lot, nor less than fifteen feet, except for any building more than two and one-half stories in height, such depth shall not be less than one-half the height of the building, but need not be more than thirty feet. One accessory building of no more than 200 square feet may be permitted. The accessory building shall be located in the rear of the lot, and shall be placed a minimum of 18 inches from the side yard line and five feet from the rear yard line.

(Ord. 7170-1988. Passed 9-6-88; Ord. 8898-2002. Passed 5-8-02.)

   (b)   In any district any portion of a building used as a residence shall be provided with a rear yard, open and unobstructed for the full width of the lot and of a depth equal to that required for other rear yards.

(Ord. 4092-1971. Passed 3-27-72.)

   (c)   Open ornamental fences or retaining walls may be permitted on, or approximately on, a property line along a rear yard to a height not over six feet above the natural grade. However, barbed wire and other fences hazardous to the safety of the inhabitants in the adjacent areas are hereby prohibited. Along any lot line between a residential and nonresidential use, a closed fence must be constructed by the nonresidential user, whether such land is developed or undeveloped, which fence shall not be under six feet above the natural grade. All fences of any type shall be constructed with the support posts facing the property owner installing the fence.

   Fences and structures to enclose tennis courts and other game areas may be permitted over six feet high if located at least twenty-five feet back of the building line, and if constructed of steel wire or mesh at least ninety percent of which is open to air and light.

(Ord. 6476-1983. Passed 12-6-83.)

   (d)   In any Use District every building not used exclusively for residence purposes, or as an accessory thereto, erected on an interior lot and extending back to an alley, or on a lot at the intersection of a street with an alley and having a portion of such building abutting on such alley, shall be provided with adequate space on such lot for the loading and unloading of trucks and commercial vehicles serving such building. Such loading space, unless otherwise adequately provided for, shall include a rear yard space extending not less than fourteen feet in height above the grade of the alley and twenty-five feet in depth back from the alley line. The loading space requirements may be modified or waived by the Planning Commission on application in case of a bank, theater, assembly hall or other building of similar limited loading space requirements.

(Ord. 4092-1971. Passed 3-27-72.)

   (a)   In a Residence District each main building shall have a yard along each side lot line. For the various Area Districts the minimum sum of widths of the side yards of an interior lot, the minimum width of separate side yards as measured from the most protruding point of the building and the distance between main buildings shall be as follows:

 

 

   (b)   An apartment house side yard shall not be less in width than one-sixth of the height of the abutting wall of the building, and in no case less than five feet at any point.

(Ord. 4092-1971. Passed 3-27-72.)

   (c)   (1)   Open ornamental fences and freestanding or retaining walls or hedges may be permitted on, or approximately on, a property line along a side yard to a height not over six feet above the natural grade, and no such fence, wall or hedge shall extend beyond the rear line of the main structure of the property to be enclosed. A fence may extend beyond the rear line of the main structure for the purpose of enclosing a side door, with the approval of the Building Commissioner. The Building Commissioner, at his discretion, can issue a permit for a fence not to exceed six feet above the natural grade. However, barbed wire and other fences hazardous to the safety of the inhabitants in the adjacent areas are hereby prohibited. Along any lot line between a residential and nonresidential use, a closed chain link fence must be constructed by the nonresidential user, which fence shall not be less than six feet above the natural grade. In addition to the closed chain link fence, the Building Commissioner, at his discretion, can also require the nonresidential user to provide a planter strip at least five feet wide, and containing evergreens or similar plantings. All fences of any type shall be constructed with the support posts facing the property owner installing the fence.

      (2)   Fences and structures to enclose tennis courts and other game areas may be permitted over six feet high if located at least twenty-five feet back of the building line, and if constructed of steel wire or mesh at least ninety percent of which is open to air and light.

(Ord. 5046-1976. Passed 2-28-77; Ord. 8770-2001. Passed 2-20-01.)

   (a)   A building other than a residence permitted in a Residence District shall observe the same yard requirements as a residence, except as otherwise provided in this Zoning Ordinance. However, a garage shall not be less than one and one-half feet from the side lot line and not less than five feet from the rear lot line.

   (b)   Cornices or eaves not more than two feet or a bay, balcony or chimney not more than eighteen inches in depth may project into any side or rear yard.

(Ord. 1735-1957. Passed 12-3-57.)

   (a)   In a Class H-1 Height District no building shall be erected to a height in excess of two and one-half stories or in excess of thirty-five feet, except that of a church, school, library or similar building may be erected to a height not in excess of four stories nor in excess of fifty feet.

   (b)   In a Class H-2 Height District no building shall be erected to a height in excess of four stories or in excess of fifty feet.

(Ord. 1735-1957. Passed 12-3-57.)

   (c)   In a Class H-3 Height District no building shall be erected to a height in excess of fifteen stories.

(Ord. 2214-1962. Passed 5-1-62.)

   (EDITOR'S NOTE: This section was repealed by Ordinance 7571-1991, passed May 7, 1991.)

   (a)   Any lawful use of a building, structure and/or premises existing at the time of the enactment of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957), or any amendment thereto, may be continued even though such use does not conform to the provisions of this Zoning Ordinance for the district in which it is located. A building or structure arranged, designed or devoted to a nonconforming use at the time of the passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957), or any amendment thereto, may not be extended or substantially altered without a special permit from the Board of Zoning and Building Appeals unless the use of such building or structure is changed to a conforming use. Such special permit may be issued only if the Board finds, after a public hearing, that the proposed extension or alteration is no more harmful or objectionable than the previous nonconforming use, and only if the estimated cost of the proposed extension or alteration does not exceed twenty-five percent of the assessed value of the building or structure.

   (b)   A nonconforming use shall not be replaced by another nonconforming use of a different kind, character or use.

   (c)   A nonconforming use shall be considered abandoned when the intent of the owner to discontinue the use for at least six months is apparent, when the use has been replaced by a conforming use or when the characteristic equipment and furnishings of the nonconforming use of a building, structure or premises has been changed to a more restricted use, the use of such building or premises may not thereafter be changed back to the previous nonconforming use.

   (d)   A nonconforming building, structure or use which is damaged, destroyed or removed by more than fifty percent of its replacement value, by whatever cause, shall not be reconstructed, restored or replaced, except by a conforming building, structure or use.

   (e)   A nonconforming use may be nonconforming either by virtue of characteristics of the physical structure that fail to comply with applicable legal standards, or due to a use of the structure that fails to comply with applicable land use restrictions.

   (f)   This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.

(Ord. 8397-1997. Passed 1-27-98; Ord. 10034-2016. Passed 8-17-16.)

   This Zoning Ordinance shall be enforced by the Building Inspector. The location of front and side street yard lines as shown by the plans shall be checked and approved before a building permit is issued.

(Ord. 1735-1957. Passed 12-3-57.)

   (a)   The construction, alteration or relocation of any building or any part thereof shall not be commenced or proceeded with except after the issuance of a written permit by the Building Commissioner in accordance with this and other municipal regulations. In cases where building permits are not required by this or any other municipal regulation, the Building Commissioner shall, nevertheless, have authority to prevent, in any building or premises, any use not existing therein at the time of passage of this Zoning Ordinance.

   (b)   No building permit shall be issued for the construction of any building on any one or more recorded parcels of property until such time as evidence by way of deed, or copy thereof, shall be presented to the Building Commissioner showing that such one or more recorded parcels of land are owned by and recorded in the name of the owner of such proposed building.

(Ord. 4160-1972. Passed 2-15-72.)

   No owner or tenant hereafter shall change the use classification of or enlarge the use of any building or premises without a certificate of compliance issued by the Building Inspector stating that such use complies with the requirements of this Zoning Ordinance.

   Upon written request from the owner or tenant, the Building Inspector shall issue a certificate of compliance for any use of a building or premises existing at the time of passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957) certifying after inspection to the use thereof and whether such use conforms with the provisions of this Zoning Ordinance.

   A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having an interest as owner or tenant in the building affected.

(Ord. 1735-1957. Passed 12-3-57.)

   Nothing contained in this Zoning Ordinance shall require any change in the plans, construction, alteration or designated use of a building for which a building permit has been issued heretofore, and the construction of which shall have been actually begun and diligently prosecuted within sixty days of the date of issuance.

(Ord. 1735-1957. Passed 12-3-57.)

   (a)   Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Ordinance, the Board of Zoning and Building Appeals shall have power to vary the application of any provisions in harmony with the general purpose and intent of this Zoning Ordinance, so that the public health, safety, morals and general welfare may be secured and substantial justice done. It may order a public notice and hearing before acting.

   (b)   Variations in specific cases of practical difficulty or unnecessary hardship, in addition to other proper variations, shall include the following:

      (1)   Grant in undeveloped sections of the City a temporary and conditional permit for not more than a two-year period for structures that do not conform to the regulations herein prescribed for the district in which they are to be located. Such permit may be renewed if the general conditions of the neighborhood have remained practically unchanged. An area of more than ten acres used for farm purposes, or any area of more than ten acres not over two percent occupied by residences, shall be considered an undeveloped section.

      (2)   Permit in any district such modifications of the requirements of this Zoning Ordinance as the Board may deem necessary to secure an appropriate development of a lot or parcel where, adjacent to such lot or parcel, there are buildings or uses which do not conform to the regulations of this Zoning Ordinance, provided that the Board shall find no material damage or depreciation in value will result to neighboring properties.

      (3)   Permit the extension of a building or use into a more restricted district immediately adjacent thereto, provided the Board shall find that such use will not substantially injure neighboring property.

      (4)   Permit such modifications of the lot dimensions and lot area regulations, or the front, rear and side yard regulations, as may be necessary to secure appropriate improvement of a parcel or subdivision of land which is of such topography or restricted area that it cannot be appropriately improved without such modifications.

      (5)   Permit the erection of an addition to an existing building to the same height above the grade level as such existing building where such addition is essential to the completion of such building as originally planned.

      (6)   Permit, in a Use District, any use deemed by the Board which is in general keeping with the uses authorized in such district.

(Ord. 1735-1957. Passed 12-3-57.)

   (c)   Upon receipt by the Board of a written application for a variance from a provision of the Zoning Ordinances, where the subject of the requested variance concerns a swimming pool or a fence, the Board shall send notice of the monthly public hearing at which such proposed change is to be considered; such notice to be sent to the record owner of the premises described in the application, or his agent, and to the record owners of all parcels within fifty feet of the premises described in the application. Where the property within the fifty foot radius is under the same ownership as the parcel involved in the proposed change, then the owners of the parcel next adjoining the property of the applicant shall also be notified as above provided. In the case of any other written application received by the Board for a variance, the Board shall send notice of the monthly public hearing at which such proposed change is to be considered; such notice to be sent to the record owner of the premises described in the application, or his agent, and to the record owners of all parcels within 200 feet of the premises described in the application. Where the property within the 200 foot radius is under the same ownership as the parcel involved in the proposed change, then the owners of the parcel next adjoining the property of the applicant shall also be notified as above provided. Such notice shall set forth the time, date and place of the public hearing at which the Board is to consider the variance and shall be sent by certified mail not less than five days prior to such hearing.

(Ord. 7305-1989. Passed 1-16-90.)

   In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of public health, safety, morals or general welfare.

   Wherever a deed or other conveyance imposes a greater restriction than this Zoning Ordinance upon a parcel or parcels of land, the provisions of such deed or other conveyance shall govern.

(Ord. 1735-1957. Passed 12-3-57.)

   Should any section or part thereof or other provision of this Zoning Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Zoning Ordinance as a whole or any part thereof, other than the part so declared to be invalid.

(Ord. 1735-1957. Passed 12-3-57.)

   (a)   Intent. U-3A Business District and regulations are established herein in order to achieve, among others, the following purposes:

      (1)   To provide appropriate regulations for business and service uses along certain parts of major arterial streets;

      (2)   To minimize the interference to the flow of traffic along major arterial streets from abutting development by requiring off-street parking and regulating access driveways, and

      (3)   To protect adjacent residential properties by restricting the type of business use and the yards and buffer features along common boundaries.

   (b)   Regulations. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained only for the uses specifically set forth as permitted in a U-3A District and not for uses enumerated in a prior or subsequent use classification of the Zoning Ordinance unless such uses are expressly permitted.

      (1)   The main buildings or main uses as set forth and permitted shall be the only buildings and uses permitted therein by right. The accessory buildings or uses as set forth shall be permitted therein by right as a subordinate building or use, provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.

      (2)   A building designed and occupied as a residence cannot be occupied in whole or in part by another use unless the building is redesigned to express the new function and reconstructed so that it will fully accommodate the proposed use, and a lot occupied by a dwelling shall not be occupied by any other main use permitted herein or an accessory use other than accessory to the dwelling.

      (3)   Existing dwellings within a U-3A Business District shall be construed as a legal nonconforming use and may be continued, extended, altered, enlarged, relocated, moved and maintained subject to all lot area, building area, coverage and yard regulations of the nearest adjoining residential district.

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in U-3A Business Districts only for the uses set forth in the following schedule and regulations:

      (1)   Main buildings and uses permitted.

         A.   Offices: professional, financial, governmental, public utility, executive and administrative; sales offices, provided only samples are displayed or stored on the lot, and no goods shall be distributed.

         B.   Mortuaries.

         C.   Motels, restaurants and assembly halls.

         D.   Retail stores and services.

            1.   Retail sales in buildings.

               a.   Sale of all foods;

               b.   The sale and serving of all food and beverages;

               c.   The sale of all general merchandise, apparel, household furnishings, supplies and equipment, flowers, garden supplies, business equipment.

               d.   Vape shop/smoke shop.

                  I.   Any business whose principal product line for retail sale is alternative nicotine products/nicotine products/ smoking paraphernalia or vape juice, or any combination of the above listed items. For the purposes of this section, alternative nicotine products refer to any products or devises that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers alternative nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. For the purposes of this section, vape juice refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food grade flavoring, water, and can be used for vaping by means of an alternative nicotine product. For purposes of this section, nicotine products refer to cigars, cigarettes and chewing tobacco and any smoking paraphernalia as referred to in Brook Park Codified Ordinance Section 513.12. For purposes of this section, principal shall mean that alternative nicotine products, nicotine products, smoking paraphernalia, vape juice, or any combination of the above listed items constitute at least twenty-five percent (25%) of the businesses' retail space.

                  II.   No vape shop/smoke shop may be established or operated within 1,000 feet of a school, church, public library, public playground, recreation center or public park in the City.

                  III.   No vape shop/smoke shop may be established, operated or enlarged within one-half mile of another vape shop/smoke shop.

                  IV.   Not more than one vape shop/smoke shop shall be established or operated in the same building, structure, or portion thereof.

                  V.   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a vape shop/smoke shop is conducted, to the nearest property line of the premises of a vape shop/smoke shop or a school, recreation center, church, public library, public playground, or public park.

                  VI.   Vape shops/smoke shops shall not exceed one per every 10,000, or portion thereof, of the population of the City.

                     (Ord. 11396-2024. Passed 4-2-24.)

            2.   Services.

               a.   Personal service, such as beauty and barber shops; interior decorating;

               b.   Laundry agencies and laundromat; tailor, pressing and dry cleaning shops provided that no work shall be done on the premises for retail outlets elsewhere;

               c.   Repair services, photographic developing, blueprinting;

               d.   Automotive services, washing, lubrication, and minor repairs only after issuance of a Conditional Use Permit authorized by Council after proper notice and upon compliance with the following conditions, limitations and standards:

                  I.   Applicant for such Conditional Use Permit shall secure in writing the consent of fifty-one percent or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.

                  II.   Proponents for such station shall present to the Council a complete set of plans, specifications and blueprints, bearing the approval of the Planning Commission and Building Committee.

                  III.   There shall be not more than two gasoline and oil filling stations at the intersections of two main streets or thoroughfares. There shall be not more than one gasoline and oil filling station at the intersection of a main street or thoroughfare with a minor or residential street. There shall be no gasoline and oil filling stations at the intersection of two minor or residential streets.

                  IV.   The proposed station shall be of modern, fireproof construction, and shall have an enclosed area of at least 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.

                  V.   Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by the Council. Location of all approach ramps shall be approved by the Director of Public Safety.

                  VI.   Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling stations, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating or in control of such existing gasoline and oil filling stations, at least ten days before the Council hearing provided for. Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline and oil filling station, will not create addi tional traffic hazards and will not endanger or menace the health and safety of the children or citizens of this City.

                  VII.   Parking of motor vehicles outside the gasoline and oil filling station building shall be limited to two motor vehicles for each service bay but no more than a maximum of four motor vehicles shall be so parked. No motor vehicle shall remain so parked for any period exceeding forty-eight hours.

                  VIII.   If any gasoline or oil filling station becomes abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and such nuisance shall be abated. "Abandoned" means a failure to operate the service station for at least three consecutive months. Whenever the Director of Building finds any gasoline or oil filling station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by placing the station in operation in accordance with this Code, adopting and using the building for another permitted business use or by razing the station structure, moving the pumps and signs, abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the Fire Prevention Code of the City under the supervision of the Fire Chief and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, the provisions of this section shall not apply, and if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council determines that there exists a state of general economic depression, the provisions of this section shall not apply.

   Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Director of Building shall have the right to enter upon the premises and take such action as may be necessary to abate the nuisance. In abating the nuisance the Director of Building may take such action as is necessary to complete the abatement and may use any labor or equipment of the City or may contract for the abatement thereof, if such contract may be let without any expense whatever to the City.

   Should it be practicable to sell or salvage any material resulting from the abatement, the Director of Building may cause the material to be sold at public or private sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City and if the amount received is less than the cost of the abatement, the Director of Building shall report the matter to Council, which shall levy an assessment for the deficiency against the premises upon which such unlawful condition was abated and cause such assessment to be certified and collected as are other assessments by the City.

   Should the proceeds of the sale of any material salvaged in the course of such abatement exceed the cost thereof, the amount of such excess shall be paid to the owner of the premises upon the filing of a claim therefor and proof of title and right to such surplus.

   Any person who neglects or refuses to obey a proper order issued by the Director of Building or his duly authorized representative pursuant to this section shall be fined not more than fifty dollars ($50.00) for each offense. Each day that such unlawful condition is permitted to exist, after the time specified for the abatement thereof by the owner or occupant in the notice provided for herein, shall be deemed a separate and distinct offense.

               e.   Amusements and recreational services, places of assembly, clubs or recreational establishments, provided they are conducted in a building and sufficiently sound-insulated to confine the noise to the premises.

         E.   Retail sales in open yards shall be permitted to the following extent:

            1.   Automotive, the sale of gasoline, oil and accessories in service stations, and the parking of automobiles;

            2.   The sale of food and nonalcoholic beverages in drive-in restaurants;

(Ord. 3096-1970.- Passed 10-16-70.)

            3.   Trees, decorations, live or otherwise, used as decorations during the Christmas season.

               a.   Provided, however, such retailer shall deposit with the Building Commissioner the sum of twenty-five dollars ($25.00) to guarantee the removal of extra Christmas trees and that the premises shall be cleared after the Christmas holiday has passed. Such deposit shall be returned upon the order of the Building Commissioner.

(Ord. 6469-1983. Passed 11-15-83.)

      (2)   Similar main uses permitted. Any other business, store, shop or service not listed above and determined by the Planning Commission to be similar in character and operation to the uses so listed shall be permitted.

(Ord. 3096-1970. Passed 10-16-70.)

      (3)   Accessory uses permitted.

         A.   Storage of goods and processing operations which are clearly related to the main uses;

         B.   Accessory off-street parking and loading facilities as required and regulated in Chapter 1125;

         C.   Signs; business, professional, directional, development, real estate and project;

         D.   Retail sales of goods and services in open lots of related businesses are restricted to goods and services which are permitted to be sold by such business.

(Ord. 6469-1983. Passed 11-15-83.)

   (d)   Lot Area and Width Regulations. All buildings and land within a U-3A Business District shall be used and buildings designed, altered, erected, moved or maintained, in whole or in part, only in accordance with the following regulations:

      (1)   The minimum width of any lot within any U-3A Business District shall be not less than 135 feet. However, if the new use is proposed to be developed on a parcel adjoining an existing use permitted in subsection (c) hereof, the lot width may be not less than seventy-five feet, provided that it shall be not less than is required to accommodate the main buildings and uses, the accessory buildings and uses, the on-site circulation system and the parking and loading facility requirements of the U-3A District.

      (2)   Motels shall not occupy a lot having less than 1,000 squarefeet of land for each rental unit and a minimum lot width of not less than 250 feet.

      (3)   Gasoline service stations shall not occupy a lot area of less than 25,000 square feet and a lot width of not less than 150 feet of frontage on each abutting street measured as the full width and depth of the lot exclusive of radii at street intersections.

   (e)   Lot Coverage Regulation. In U-3A Business Districts, the land area occupied by the main or accessory buildings shall not exceed thirty percent of the total area of the parcel, exclusive of areas used for drive-in facilities and their required drives.

(Ord. 3096-1970. Passed 10-16-70.)

   (f)   Yard Regulations.

      (1)   Front yards. All buildings and parking areas within an arterial business district shall be set back not less than thirty feet from the planned future right of way of every public street. Such yards shall be landscaped or paved and maintained in good condition. Where parking is designated in front of a building, the minimum setback shall be increased to eighty feet.

(Ord. 4323-1972. Passed 1-15-73.)

      (2)   Side yards. Each lot or separate development shall provide at least one side yard of not less than twelve feet in width unless the on-site circulation, parking and loading facilities are coordinated with adjoining developments and set forth in a joint agreement. Where buildings are not built along the property line, the minimum side yard shall be twelve feet.

      (3)   Side yards for corner lots. All buildings and parking areas located upon a corner lot within a U-3A Business District shall have a yard facing upon the side street of not less than ten feet.

   Where any corner lot abuts any residential district along any rear lot line, the minimum side yard within fifty feet of such residential lot shall be setback from the side street a distance equal to the setback of a main building on the abutting residential lot.

(Ord. 6808-1986. Passed 4-29-86.)

      (4)   Rear yards. Wherever an arterial business district adjoins a residential district along a rear lot line, the minimum distance between any business building and the rear lot line shall be not less than twenty feet, provided that the construction of the rear wall of a business building may be permitted along the rear property line if such wall is of approved masonry, contains no projections or openings and does not exceed six feet in height above the grade of the residential lot.

   Wherever a U-3A Business District abuts a residential district along the rear lot line, business buildings, drives and parking areas shall be screened from the residential district by a buffer zone conforming to the requirements of Section 1121.28 and a buffer wall conforming to the requirements of Section 1121.30.

(Ord. 6901-1986. Passed 12-23-86.)

   (g)   Height Regulations. The height of any main or accessory building within a U-3A Business District shall not exceed thirty-five feet.

   (h)   Application and Conflict. The existing sections of the Zoning Ordinance shall continue to apply specifically to U-3A Business Districts unless they are inconsistent and in conflict therewith, in which case such section or sections shall not apply.

(Ord. 3096-1970. Passed 10-16-70.)

   (i)   Prohibited Uses. Any type of establishment defined as "adult entertainment" in Section 1121.021 is prohibited in a U-3A Business District. The following applies to car wash establishments:

      (1)   No car wash establishment may be established or operated within 1,000 feet of a school, public playground, recreation center or public park in the City.

      (2)   No car wash establishment may be established, operated or enlarged within one-half mile of another car wash establishment.

      (3)   No more than one car wash establishment shall be established or operated in the same building, structure, or portion thereof.

      (4)   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a car wash establishment is conducted, to the nearest property line of the premises of a car wash establishment or a school, recreation center, public playground, or public park.

      (5)   Car wash establishments shall not exceed one per every 10,000, or portion thereof, of the population of the City.

         (Ord. 11411-2024. Passed 5-14-24.)

   (a)   Intent. A U-3B Office Building District and regulations are established to achieve, among others, the following purposes:

      (1)   To provide, in appropriate and convenient places, sufficient area for the development of office buildings, public buildings and institutions;

      (2)   To provide a desirable setting for such development;

      (3)   To minimize the interference to the flow of traffic along major arterial streets by requiring parking and regulating access driveways, and

      (4)   To protect adjacent residential areas by restricting the type of use and by requiring yards and buffer features along common boundaries.

   (b)   Regulations. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained only for the uses specifically set forth as permitted in a U-3B Office Building District and not for uses enumerated in a prior or subsequent use classification of this Zoning Ordinance unless such uses are expressly permitted.

      (1)   The main buildings or main uses as set forth and permitted shall be the only buildings and uses permitted therein by right. The accessory buildings or uses as set forth shall be permitted therein by right as a subordinate building or use, provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.

      (2)   A building designed and occupied as a residence cannot be occupied in whole or in part by another use unless the building is redesigned to express the new function and reconstructed so that it will fully accommodate the proposed use, and a lot occupied by a dwelling shall not be occupied by any other main use permitted herein or an accessory use other than accessory to the dwelling.

      (3)   Existing dwellings within a U-3B Office Building District shall be construed as a legal nonconforming use and may be continued, extended, altered, enlarged, relocated, moved and maintained subject to all lot area, building area, coverage and yard regulations of the nearest adjoining residential district.

   (c)   Permitted Uses. Buildings and land shall be used and buildings shall be designed, erected, altered, moved and maintained in whole or in part in a U-3B Office Building District only for the uses set forth in the following schedule and regulations:

      (1)   Main buildings and uses permitted. 

         A.   Office buildings.

            1.   Administrative; executive; financial; governmental; professional, including medical laboratories and clinics; public utility; real estate.

            2.   Sales offices, provided only samples are displayed or stored on the lot and provided no goods shall be distributed therefrom.

         B.   Assembly halls: nonresidential, religious, educational or civic institutions.

         C.   Mortuaries.

      (2)   Similar main uses. Any other office or use not listed above or in any subsequent use classification may be permitted, if determined as similar by the Planning Commission.

      (3)   Accessory uses permitted. Any accessory use which is incident to the main uses, provided it is planned and developed integrally with the main building and that it has no injurious effect on the adjoining Residential Districts, such as:

         A.   Storage garages, off-street parking areas for employees and customers as set forth and required in Chapter 1125;

         B.   Maintenance and storage facilities if provided within the main building or buildings; employees' lunch rooms;

         C.   Construction signs, professional nameplates, business directional and building indentification signs.

   (d)   Lot Area and Width Regulations. All buildings and land within a U-3B Office Building District shall be used, and buildings designed, altered, erected, moved or maintained in whole or in part only in accordance with the following regulations:

   The minimum width of any lot within any U-3B Office Building District shall be not less than 135 feet; however, if the new use is proposed to be developed on a parcel adjoining an existing use permitted in subsection (c) hereof, the lot width may be not less than seventy-five feet, provided that it shall be not less than required to accommodate the main buildings and uses, the accessory buildings and uses, the on-site circulation system and the parking and loading facility requirements of the U-3B Office Building District.

   (e)   Lot Coverage Regulation. In U-3B Office Building Districts, the land area occupied by the main or accessory buildings shall not exceed thirty percent of the total area of the parcel exclusive of areas used for drive-in facilities and their required drives.

(Ord. 2783A-1967. Passed 11-10-67.)

   (f)   Yard Regulations. 

      (1)   Front yards. All buildings and parking areas within an Arterial Office Building District shall be set back not less than thirty feet from the planned future right of way of every public street. Such yards shall be landscaped or paved and maintained in good condition.

   Where parking is designated in front of a building, the minimum setback shall be increased to eighty feet.

(Ord. 4324-1972. Passed 1-15-73.)

      (2)   Side yards. Each lot or separate development shall provide at least one side yard of not less than twelve feet in width unless the on-site circulation, parking and loading facilities are coordinated with adjoining developments and set forth in a joint agreement. Where buildings are not built along the property line, the minimum side yard shall be twelve feet.

      (3)   Side yards on corner lots. All buildings and parking areas located upon a corner lot within a U-3B Office Building District shall have yard facing upon the side street of not less than ten feet.

   Where any corner lot abuts any residential district along any rear lot line, the minimum side yard within fifty feet of such residential lot shall be setback from the side street a distance equal to the setback of a main building on the abutting residential lot.

(Ord. 6823-1986. Passed 4-29-86.)

      (4)   Rear yards. Wherever an Arterial Office Building District adjoins a residential district along a rear lot line, the minimum distance between any business building and the rear lot line shall be not less than twenty feet, provided that the construction of the rear wall of a business building may be permitted along the rear property line if such wall shall be of approved masonry, contain no projections or openings and does not exceed six feet in height above the grade of the residential lot.

   Wherever a U-3B Office Building District abuts a residential district along the rear lot line, business buildings, drives and parking areas shall be screened from the residential district by a buffer zone conforming to the requirements of Section 1121.28 and a buffer wall conforming to the requirements of Section 1121.30.

(Ord. 6902-1986. Passed 12-23-86.)

   (g)   Height Regulations. The height of any main or accessory building within an Arterial Office Building District shall not exceed thirty-five feet.

   (h)   Application; Conflict. The existing sections of the Zoning Ordinance shall continue to apply specifically to U-3B Office Building Districts unless they shall be inconsistent and in conflict therewith, in which case such section or sections shall not apply.

(Ord. 2783A-1967. Passed 11-10-67.)

   (i)   Prohibited Uses. Any type of establishment defined as "adult entertainment" in Section 1121.021 is prohibited in a U-3B Office Building District.

(Ord. 6823-1986. Passed 4-29-86.)

   The parking, storage or display of any goods, wares, merchandise, motor vehicles, materials, supplies or other objects or vehicles on any premises or lot in front of the building line or within forty feet of the street line if there is no established or authorized building line, shall be prohibited unless expressly authorized by the Planning Commission upon its specific finding that such encroachments will not hinder the lawful use or enjoyment or diminish the value of abutting premises and that such encroachments will not have an adverse effect on either the general character of the adjacent neighborhood or the value of properties located therein.

   As used in this section, "building line" means vertical surface extending the full width of the property parallel to the street line, which intersects the ground at a point where:

   (a)   The front line of a lawfully existing building or structure is nearest the street, or

   (b)   The front line of a building or structure may be lawfully erected pursuant to the Zoning Ordinance and Zoning Map of the City.

   Any existing use of any premises or lot in a manner contrary to the provisions of this section shall be terminated within a period of six months from the effective date hereof (Ordinance 2987-1969, passed September 22, 1969) unless such use is authorized by the Planning Commission as hereinbefore provided. Nothing herein shall apply to the temporary parking of motor vehicles upon a driveway adjacent to any residence structure.

   Enforcement of this section shall fall under the jurisdiction of the Safety Department.

   Nothing herein shall be interpreted as authorizing any use stated in this section where the use is already controlled or prohibited by the Zoning Ordinance and Zoning Map or other City ordinances.

(Ord. 2987-1969. Passed 9-22-69; Ord. 4110-1971. Passed 9-21-71.)

   (a)   When a corner lot is dedicated to front on one of the two streets, no building or dwelling shall be constructed or altered to front or face upon the other street.

   (b)   If a building or dwelling fronts on both streets of a corner lot, the front of such lot shall be determined to face on the street having the greatest number of buildings facing upon it.

   (c)   If a building or dwelling cannot be built so as to conform to subsections (a) and (b), hereof, then a determination of which street shall be the front of such lot shall be determined by the Board of Zoning and Building Appeals.

(Ord. 4190-1972. Passed 8-31-72.)

   When an interior lot is dedicated to face on a street, no building shall be constructed or altered to face other than on such dedicated street.

(Ord. 4189-1972. Passed 8-31-72.)

   (a)   All owners of property zoned U-3, U-3A, U-3B, U-4 and U-5, shall provide a ten foot landscaped buffer area or zone between their property and any adjacent property zoned for residential use. Such landscaping shall be provided whether such adjacent property is to the side or to the rear. Such buffer zone shall not consist of grass alone, but shall include shrubbery and trees which shall screen the adjacent properties from each other.

   (b)   Unless otherwise provided, wherever property zoned U-3, U-3A, U-3B, U-4 or U-5, is adjacent to residential property along the rear or side lot line, all business buildings shall be set back at least twenty feet from such residential property and may have no windows facing such residential property.

(Ord. 6903-1986. Passed 12-23-86.)

   (a)   Intent. U-3C Gasoline and Oil Filling Station Districts and regulations are established herein in order to achieve, among others, the following purposes:

      (1)   To provide appropriate regulations for gasoline and oil filling stations and uses along certain parts of major arterial streets;

      (2)   To minimize the interference to the flow of traffic along major arterial streets from abutting development by requiring off-street parking and regulating access driveways, and

      (3)   To protect adjacent residential properties by restricting the type of business use and the yards and buffer features along common boundaries.

   (b)   Regulations. Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained only for the uses specifically set forth as permitted in a U-3C District and not for uses enumerated in a prior or subsequent use classification of the Zoning Ordinance unless such uses are expressly permitted.

      (1)   The main buildings or main uses as set forth and permitted shall be the only buildings and uses permitted therein by right. The accessory buildings or uses as set forth shall be permitted therein by right as a subordinate building or use, provided such use is planned and developed integrally therewith and clearly incident thereto and located on the same zoning lot as the main building or use.

      (2)   A building designed and occupied as a residence cannot be occupied in whole or in part by a gasoline or oil filling station, and a lot occupied by a dwelling shall not be occupied by any gasoline or oil filling station.

      (3)   Existing dwellings within a U-3C District shall be construed as a legal nonconforming use and may be continued, extended, altered, enlarged, relocated, moved and maintained subject to all lot area, building area, coverage and yard regulations of the nearest adjoining residential district.

(Ord. 4394-1973. Passed 6-25-73.)

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained in whole or in part in U-3C Gasoline and Oil Filling Ration Districts only for the uses set forth in the following schedule and regulations:

      (1)   Main buildings and uses permitted.

            2.   Services.

               a.   Automotive service, washing, lubrication and minor repairs only. After issuance of a conditional use permit authorized by Council after proper notice and compliance with the following conditions, limitations and standards:

                  I.   The applicant for such conditional use permit shall secure in writing the consent of fifty-one percent or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.

                  II.   Proponents for such station shall present to Council a complete set of plans, specifications and blueprints, bearing the approval of the Planning Commission, the Building Commissioner and the Esthetics Commission.

                  III.   There shall not be more than two oil and gasoline filling stations at the intersections of two main streets or thoroughfares. There shall not be more than one gasoline or oil filling station at the intersection of a main street or thorougl fare with a minor or residential street. There shall be no gasoline or oil filling stations at the intersection of two minor or residential streets.

                  IV.   The proposed station shall be of modern, fireproof construction, and shall have an enclosed area of at least 2,000 squar, feet, with provisions for lavatories for both men and women, separated by soundproof walls.

                  V.   Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by Council. Location of all approach ramps shall be approved by the Director of Public Safety.

                  VI.   Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling stations, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating orm control of such existing gasoline and oil filling g stations, at least ten days before the Council hearing provided for. Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline or oil filling station, will not create additional traffic hazards and will not endanger or menace the health and safety of the children or residents of this City.

                  VII.   Parking of motor vehicles outside the gasoline and oil filling station building shall be limited to two motor vehicles for each service bay but no more than a maximum of four motor vehicles shall be so parked. No motor vehicle shall remain so parked for any period exceeding forty-eight hours.

(Ord. 4394-1973. Passed 6-25-73.)

                  VIII.   If any gasoline or oil filling station becomes abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and such nuisance shall be abated. "Abandoned" means a failure to operate the service station for at least six consecutive months. Whenever the Building Commissioner finds any gasoline or oil filling station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by placing the station in operation in accordance with this section, adopting and using the building for another permitted business use or by razing the station structure, moving the pumps and signs, abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the Fire Prevention Code of the City under the supervision of the Fire Chief and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains m operation for ninety consecutive days thereafter, the provisions of this section shall not apply, and if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council determines that there exists a state of runseral economic depression, the provisions of section shall not apply.

   Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Building Commissioner shall have the right to enter upon the premises and take such action as may be necessary to abate the nuisance. In abating the nuisance the Building Commissioner may take such action as is necessary to complete the abatement and may use any labor or equipment of the City or may contract for the abatement thereof, if such contract may be let without any expense whatever to the City.

   Should it be practicable to sell or salvage any material resulting from the abatement, the Building Commissioner may cause the material to be sold at public or private sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City and if the amount received is less than the cost of the abatement, the Building Commissioner shall report the matter to Council, which shall levy an assessment for the deficiency_ against the premises upon which such unlawful condition was abated and cause such assessment to be certified and collected as are other assessments by the City.

   Should the proceeds of the sale of any material salvaged in the course of such abatement exceed the cost thereof, the amount of such excess shall be paid to the owner of the premises upon the filing of a claim therefor and proof of title and right to such surplus.

   Any person who neglects or refuses to obey a proper order issued by the Building Commissioner or his duly authorized representative pursuant to this section shall be fined not more than two hundred dollars ($200.00) for each offense. Each day that such unlawful condition is permitted to exist, after the time specified for the abatement thereof by the owner or occupant in the notice provided for herein, shall be deemed a separate and distinct offense.

(Ord. 8526-1999. Passed 4-6-99.)

         B.   Retail sales in open yards of gasoline and oil filling stations shall be permitted to the following extent:

            1.   Automotive; the sale of gasoline, oil and accessories in service stations, and the parking of automobiles;

            2.   Trees, decorations, live or otherwise, used as decorations during the Christmas season.

(Ord. 8057-1995. Passed 5-16-95.)

      (2)   Accessory uses permitted.

         A.   Storage of goods and processing operations which are clearly related to the main use;

         B.   Accessory off-street parking and loading facilities as required and regulated in Chapter 1125;

         C.   Signs: business, professional, directional, development, real estate and project.

   (d)   Lot Area and Width Regulations. All buildings and land within a U-3C Gasoline and Oil Filling Station District shall be used and buildings designed, altered, erected, moved or maintained,' in whole or in part, only in accordance with the following regulations:

      (1)   The minimum width of any lot within any U-3C District shall be not less than 150 feet.

      (2)   Gasoline and oil filling stations shall not occupy a lot area of less than 25,000 square feet and a lot width of not less than 150 feet of frontage on each abutting street measured as the full width and depth of the lot exclusive of radii at street intersections.

   (e)   Lot Coverage Regulation. In U-3C Districts, the land area occupied by the main or accessory buildings shall not exceed thirty percent of the total area of the parcel, exclusive of areas used for drive-in facilities and their required drives.

      (1)   Front yards. All buildings and parking areas within an arterial business district shall be set back not less than thirty-five feet from the planned future right of way of every public street. Such yards shall be landscaped or paved and maintained in good condition. Where parking is designated in front of a building, the minimum setback shall be increased to eighty feet.

      (2)   Side yards. Each lot or separate development shall provide at least one side yard of not less than twenty-five feet in width unless the on-site circulation, parking and loading facilities are coordinated with adjoining developments and set forth in a joint agreement. The minimum side yard shall be twenty-five feet.

      (3)   Inside and corner lots. No inside lot shall be zoned for U-3C use. Where any corner lot abuts any residential district along any rear lot line, the minimum side yard within fifty feet of such residential lot shall be setback from the side street a distance equal to the setback of a main building on the abutting residential lot.

(Ord. 4394-1973. Passed 6-25-73.)

      (4)   Rear yards. Wherever an arterial business district adjoins a residential district along a rear lot line, the minimum distance between any business building and rear lot line shall be not less than thirty feet. Wherever a U-3C Gasoline and Oil Filling Station District abuts a residential district along the rear lot line, business buildings, drives and parking areas shall be screened from the residential district by a buffer zone conforming to the requirements of Section 1121.28 and a buffer wall conforming to the requirements of Section 1121.30.

(Ord. 6904-1986. Passed 12-23-86.)

   (g)   Height Regulations. The height of any main or accessory building within a U-3C District shall not exceed twenty-five feet.

   (h)   Application and Conflict. The existing sections of the Zoning Ordinance shall continue to apply specifically to U-3C Gasoline and Oil Filling Station Districts unless they are inconsistent and in conflict herewith, in which case such section or sections shall not apply.

(Ord. 4394-1973. Passed 6-25-73.)

   Except for two-family or double house use, all owners of property zoned U-2, U-3, U-3A, U-3B, U-3C, U-4, U-5 or U-6, wherever such property is adjacent to land zoned for or developed as a U-1 or U-2 family or double house district, shall provide along their rear lot line and side of lot line a wall located along the property line which shall be constructed according to the following regulations.

   All owners of property zoned U-6, wherever such property's main facility is within ten feet of the rear or side line of property zoned for or developed as a U-1 or U-2 family or double house district, shall provide along their rear lot line and side of lot line, a wall located along the property line which shall be constructed according to the following regulations.

   (a)   Side Lot Line Requirement. All owners of property zoned U-3, U-3A, U-3B, U-3C, through U-4, U-5, and U-6, shall, in conjunction with the development of such a building on such property, provide, along their rear property line where that line is contiguous to property zoned U-1 or U-2, a wall which shall be constructed according to the following regulations: This wall shall consist of pilasters and expansion joints and shall extend along the side lot line from the rear lot line to a point in line with the front building line.

   (b)   Height Regulations. The height of any wall shall be a minimum of six feet but shall not exceed eight feet.

   (c)   Width Regulations. The width of any wall shall be a minimum of eight inches.

   (d)   Footer Regulations. The footers for such wall shall be a minimum depth of three feet.

   (e)   Material Regulations. The contractor/builder shall bring a sample of the material to be used, along with the color of the wall, before the Planning Commission for its inspection. The wall shall be constructed of any of the following materials:

      (1)   Split faced block-both sides.

      (2)   Cut-stone.

      (3)   Field stone.

      (4)   Brick.

      (5)   Poured wall-simulated brick.

   (f)   Cap Regulations. The cap of the wall shall have a minimum thickness of three inches and shall be constructed of any of the following materials:

      (1)   Stone.

      (2)   Concrete.

      (3)   Brick.

      (4)   Terra cotta.

   (g)   Grout Regulations. Grout shall be made of mortar, to which water shall be added to produce a consistency for pouring without segregation of the constituents.

   (h)   Reinforcement Regulations. All walls constructed of hollow masonry unit materials shall be reinforced with rods of a minimum thickness of one-half inch and grouted to the top of the wall.

   (i)   Drainage Tile Regulations. The wall shall be constructed with a minimum four-inch drain tile to be built along the entire length of the wall on both sides adjacent to the residential property, and such drainage tile shall be connected to the storm drain and shall have a minimum of twelve inches of slag covering the drain tile.

   The provisions of this section shall take effect in areas zoned U-2, U-3, U-3A, U-3B, U-3C, U-4, U-5 and U-6 immediately upon request for development of such property. The wall must be completed in conjunction with the shell of the building on such property.

(Ord. 8505-1998. Passed 11-17-98.)

   (a)   In all property zoned U-3, U-4 and U-5, the land area occupied by the main or accessory buildings shall not exceed the limitations as set forth in the following regulations:

      (1)   In U-3, U-3A, U-3B, U-3C, Retail and Commercial Districts, the land area occupied by the main or accessory buildings shall not exceed thirty percent of the total area of the parcel exclusive of areas used for drive-in facilities, their required drives and parking.

      (2)   In U-4 Warehousing and U-5 Industrial Districts, the land occupied by the main or accessory buildings shall not exceed fifty percent of the total area of the parcel exclusive of areas used for drive-in facilities, their required drives, and parking.

   (b)   The limitations set forth in this section shall not in any manner be taken to supersede or contravene the requirements and regulations of Chapter 1125, Off-Street Parking and Loading Facilities. If in order to conform to the requirements and regulations of Chapter 1125, the area occupied by the main or accessory buildings must be less than the limitations imposed by this section, Chapter 1125 shall prevail.

(Ord. 4743-1975. Passed 6-23-75.)

   A U-3D Amusement District and regulations are established to achieve, among others, the following purposes:

   (a)   To provide, in appropriate and convenient places, sufficient area for the development of theatres, bowling alleys, skating rinks, dance halls, swimming pools, auditoriums, amusement parks, game rooms and other places of commercial establishments for public amusement.

   (b)   To provide a desirable setting for such development,

   (c)   To minimize the interference to the flow of traffic along major arterial streets by requiring parking and regulated access driveways.

   (d)   To protect adjacent residential areas by restricting the type of use and by requiring yards and buffer features along common boundaries.

(Ord. 4771-1975. Passed 7-14-75.)

   (a)   Intent. U-5A Industrial Districts and regulations are established to achieve, among others, the following purposes:

      (1)   To provide, in appropriate and convenient districts, areas for industrial uses in order to promote employment and strengthen the economy of the community.

      (2)   To protect adjacent residential districts by restricting the types of manufacturing and by estblishing setback, buffering and landscaping standards.

      (3)   To protect the District from congestion and provide adequate space for the operation of industrial uses by establishing standards for lot size, width, bulk of buildings in relation to land area, parking and loading.

      (4)   To protect and enhance the visual quality of the District and the entire community by establishing setback, landscaping and screening standards from the public right of way.

   (b)   Regulations. Buildings and land shall be used and buildings shall be designed, erected, alerted or maintained only for uses specifically permited in a U-5A Industrial District.

   The main buildings or main uses permitted shall be the only buildings and uses permitted by right. Accessory buildings or uses as set forth shall be permitted by right. Accessory buildings or uses as set forth shall be permitted by right, provided such buildings or uses are planned and developed integrally, clearly incidental and located on the same building lot as the main building or use.

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, in a U-5A Industrial District only for the uses set forth in the following schedule and regulations:

      (1)   Main buildings and uses permitted.

         A.   Veterinary hospitals.

         B.   Any industrial or manufacturing uses, except the following, which are prohibited:

            1.   Reduction of garbage, refuse, offal or dead animals

            2.   The manufacture or storage of fireworks or explosives

            3.   Gypsum, cement, lime or plaster of Paris manufacture

            4.   Acid manufacture, including hydrochloric, nitric, sulfuric, sulphurous, hydrofluoric or phosphoric acid

            5.   Smelting of iron, copper, tin or zinc ores

            6.   Distillation of bones, fat rendering or glue manufacture

            7.   No open or unroofed yard for the storage of secondhand lumber or other used building material, junk, paper, rags or other salvage articles, or the wrecking or dismantling of motor vehicles, may be established within 125 feet of a public thoroughfare, any other public land or any residence district

            8.   Any type of kiln plant for the manufacture of bricks and/or cement blocks, cement manufacturing, cement or concrete mixing plants, either portable or permanent, asphalt manufacturing and/or asphalt mixing plant

            9.   Bronze powder manufacture

            10.   Slaughterhouses or stock yards

            11.   Tile or terra cotta manufacture

            12.   Carbon, coke or lamp black manufacture

            13.   Celluloid manufacture or storage

            14.   Clay products manufacture

            15.   Creosote manufacture or treatment plant

            16.   Dye stuff manufacture

            17.   Emery cloth or sandpaper manufacture

            18.   Fertilizer manufacture

            19.   Gas manufacture or storage or oil refineries

            20.   Match manufacture

            21.   Mineral insulation manufacture

            22.   Mining

            23.   Nitrating of cotton or other cellulose material

            24.   Oilcloth or linoleum manufacture or oil wells

            25.   Paint, shellac, turpentine, lacquer or varnish manufacture

            26.   Potash manufacture

            27.   Print ink manufacture

            28.   Rayon manufacture

            29.   Rock and slag crushing

            30.   Rubber, caoutchouc or guta percha manufacture

            31.   Soap, tallow, grease or lard manufacture or refining

            32.   Soda ash, caustic soda or washing compound manufacture

            33.   Stone quarry, gravel and sand pit

            34.   Storage of volatile oil or gasoline in excess of 25,000 gallons

            35.   Tanneries

            36.   Tanning, curing or storage of raw hides or skins

            37.   Tar distillation or manufacture

            38.   Tar roofing or tar waterproofing manufacture

            39.   Fish houses, live poultry sales or poultry killing where the main or principal business is the killing of poultry

            40.   Sewage disposal plants

            41.   Crematories

            42.   Any use involving the handling, transferring, treating or recycling, in any manner whatsoever, of any hazardous waste. This section shall not apply to any medical facility or business which handles, transfers, treats or recycles hazardous waste produced from its own operations. For purposes of this subsection, the term hazardous waste shall include any medical waste, toxic materials and/or waste, contaminated soil and any other materials and/or waste which may present any signficant threat to human or environmental health or safety.

            43.   Any other trade, industry or use which the Planning Commission finds will be injurious, hazardous, noxious or offensive to an extent equal to or greater than any of the enterprises enumerated in this subsection.

         C.   Because certain uses in the Class U-5A Industrial District have the potential to cause unique and substantial adverse impacts on the public health, safety, convenience, comfort, prosperity and general welfare in the City beyond the property upon which the use is conducted, the following uses (excluding those which have been prohibited under paragraph (c)(1)B. hereof) described in the following subsections shall not be permitted as of right, but solely pursuant to the conditional use permitting and site plan approval requirements set forth in Sections 1121.34 to 1121.36, inclusive:

            1.   Any use having a North American Industry Classification System (NAICS) subsection number of 221, 324, 325, 331, 481, 482, 484, 485, 486, 492, 493 or 562, as designated in the 1997 North American Industry Classification System Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States.

            2.   Any use having a North American Industry Classification System industry group number, a five-digit number or six-digit number of 1133, 3122, 3211, 3219, 3221, 332992, 332993, 332994, 332995 or 48821, as designated in such Manual; and

            3.   Any use utilizing asbestos in the production process or final product.

         D.   The following uses shall be prohibited:

            1.   Open or unroofed yards for the storage of lumber, other than new building material.

            2.   Any type of establishment defined as "adult entertainment" in Section 1121.021.

      (2)   Similar main uses permitted. Any other use not listed above may be permitted if determined as similar by the Planning Commission.

      (3)   Accessory uses permitted. Accessory uses which are incidential to the main use shall be permitted, such as:

         A.   Off-street surface and garage parking and loading facilities.

         B.   Fully enclosed or screened maintenance and storage facilities.

         C.   Signs, e.g. tenant identification, real estate and development.

         D.   Landscaping, lighting and screening.

   (d)   Performance Standards. No noise, odor, vibration, smoke, air pollution, liquid or solid waste, bio-hazards, heat, glare, dust, storwater runoff or other such adverse influences shall be permitted, except as permitted by Federal, State, County or local standards.

   (e)   Lot Area and Width Regulations.

      (1)   The minimum lot width at the building line shall be at least 200 feet.

      (2)   The minimum lot area shall be two acres.

   (f)   Lot Coverage Regulations. The land area occupied by the sum of the main (and accessory) buildings shall not exceed thirty-five percent of the lot.

   (g)   Yard Regulations.

      (1)   Front yards. All buildings shall be set back at least thirty feet from the existing or planned right of way of public streets. No parking, loading, maintenance or storage facility shall be located within the front yard.

      (2)   Side yards. Each lot shall maintain side yards of at least twenty feet.

      (3)   Side yards on corner lots. All buildings located on a corner lot shall have a yard facing upon the side street of at least fifty feet.

      (4)   Rear yards. All buildings shall maintain a rear yard of not less than twenty-five feet. Where the rear lot line is adjacent to a zoned residential district, the rear yard shall be not less than forty feet.

   (h)   Height Regulations. No building shall be erected to a height in excess of four stories or in excess of fifty feet.

   (i)   Off-Street Parking and Loading Facilities. All off-street parking and loading facilities in the U-5A Industrial District shall conform to the requirements of Chapter 1125. In addition, parking lots shall observe the following setbacks:

      (1)   Front setback. All parking areas shall be set back at least fifty feet from the existing or planned right of way of public streets.

      (2)   Side setback. Parking areas shall not be developed within ten feet from a side lot line. Parking areas shall be at least thirty feet from side lot lines which adjoin a zoned residential district.

      (3)   Side yards on corner lots. Parking shall be set back at last fifty feet from the right of way of the side street.

      (4)   Rear setbacks. Parking areas shall not be developed within ten feet from a rear lot line. Parking areas shall be at least thirty feet from side lot lines which adjoin a zoned residential district.

   (j)   Landscaping and Screening.

      (1)   Street buffer strips. A street buffer strip shall be provided and maintained on each developed property in a location between the sidewalk (where one exists or is proposed) and the curb or pavement edge of an adjacent public road. The entire area between the sidewalk and the curb shall be landscaped with grass and trees or an equivalent landscaping.

      (2)   Buffering from residential uses. All properties shall conform to the requirements of Sections 1121.28 and 1121.30. Where the provisions of the aforementioned sections and this section conflict, the more restrictive regulation shall apply.

      (3)   Screening from the public right of way. All exterior maintenance, service, storage areas, loading docks, ground-mounted mechanical and utility equipment and disposal facilities shall be screened from direct view from the public right of way. Screening may be achieved by architecturally compatible fencing or walls or through the use of landscaping material. Fencing and walls used to meet screening requirements shall display a finished face toward the adjacent street. Barbed wire shall not be permitted atop fencing.

      (4)   Landscaping in front yards and side yards on corner lots. Landscaping (i.e. trees, shrubs and flowers) shall be in a manner complementary to the site and required within the front and side yards on corner lots. Deciduous trees shall be planted in the front yard and side yards on corner lots along the public right of way. Trees shall be spaced every forty feet and at an initial height of at least eight feet. Parking areas shall be screened from the public right of way by a landscaped earthen berm, a vegetative barrier or any combination of the above. The screening shall provide a year round opacity of fifty percent up to a height of two and one-half feet.

   (k)   Signs. All sign regulations in the U-5A Industrial District shall conform to the requirements of Chapter 1123.

   (l)   Lighting. Lighting shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public right of way.

   (m)   Plan Review and Approval. A site plan, landscape plan and general building plans shall conform to the requirements of Section 1121.36(b).

(Ord. 8577-1999. Passed 8-24-99.)

   (a)   Intent. U-5B Airport Industrial Districts and regulations are established to achieve, among others, the following purposes:

      (1)   To provide, in appropriate and convenient districts, areas for industrial uses in order to promote employment and strengthen the economy of the community.

      (2)   To provide, in appropriate and convenient places, sufficient area for the development of airport related uses.

      (3)   To protect adjacent residential districts by restricting the types of manufacturing and by establishing setback, buffering and landscaping standards.

      (4)   To protect the district from congestion and provide adequate space for the operation of industrial uses by establishing standards for lot size, width, bulk of buildings in relation to land area, parking and loading.

      (5)   To protect and enhance the visual quality of the district and the entire community by establishing setback, landscaping and screening standards from the public right of way.

   (b)   Regulations. Buildings and land shall be used and buildings shall be designed, erected, altered or maintained only for uses specifically permitted in a U-5B Airport Industrial District.

   The main buildings or main uses permitted shall be the only buildings and uses permitted by right. Accessory buildings or uses as set forth shall be permitted by right. Accessory buildings or uses as set forth shall be permitted by right, provided such buildings or uses are planned and developed integrally, clearly incidental and located on the same building lot as the main building or use.

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, in a U-5B Airport Industrial District only for the uses set forth in the following schedule and regulations:

      (1)   Main buildings and uses permitted.

         A.   Veterinary hospitals.

         B.   Any industrial or manufacturing uses, except the following, which are prohibited:

            1.   Reduction of garbage, refuse, offal or dead animals

            2.   The manufacture or storage of fireworks or explosives

            3.   Gypsum, cement, lime or plaster of Paris manufacture

            4.   Acid manufacture, including hydrochloric, nitric, sulfuric, sulphurous, hydrofluoric or phosphoric acid

            5.   Smelting of iron, copper, tin or zinc ores

            6.   Distillation of bones, fat rendering or glue manufacture

            7.   No open or unroofed yard for the storage of secondhand lumber or other used building material, junk, paper, rags or other salvage articles, or the wrecking or dismantling of motor vehicles, may be established within 125 feet of a public thoroughfare, any other public land or any residence district

            8.   Any type of kiln plant for the manufacture of bricks and/or cement blocks, cement manufacturing, cement or concrete mixing plants, either portable or permanent, asphalt manufacturing and/or asphalt mixing plant

            9.   Bronze powder manufacture

            10.   Slaughterhouses or stock yards

            11.   Tile or terra cotta manufacture

            12.   Carbon, coke or lamp black manufacture

            13.   Celluloid manufacture or storage

            14.   Clay products manufacture

            15.   Creosote manufacture or treatment plant

            16.   Dye stuff manufacture

            17.   Emery cloth or sandpaper manufacture

            18.   Fertilizer manufacture

            19.   Gas manufacture or storage or oil refineries

            20.   Match manufacture

            21.   Mineral insulation manufacture

            22.   Mining

            23.   Nitrating of cotton or other cellulose material

            24.   Oilcloth or linoleum manufacture or oil wells

            25.   Paint, shellac, turpentine, lacquer or varnish manufacture

            26.   Potash manufacture

            27.   Print ink manufacture

            28.   Rayon manufacture

            29.   Rock and slag crushing

            30.   Rubber, caoutchouc or guta percha manufacture

            31.   Soap, tallow, grease or lard manufacture or refining

            32.   Soda ash, caustic soda or washing compound manufacture

            33.   Stone quarry, gravel and sand pit

            34.   Storage of volatile oil or gasoline in excess of 25,000 gallons

            35.   Tanneries

            36.   Tanning, curing or storage of raw hides or skins

            37.   Tar distillation or manufacture

            38.   Tar roofing or tar waterproofing manufacture

            39.   Fish houses, live poultry sales or poultry killing where the main or principal business is the killing of poultry

            40.   Sewage disposal plants

            41.   Crematories

            42.   Any use involving the handling, transferring, treating or recycling, in any manner whatsoever, of any hazardous waste. This section shall not apply to any medical facility or business which handles, transfers, treats or recycles hazardous waste produced from its own operations. For purposes of this subsection, the term hazardous waste shall include any medical waste, toxic materials and/or waste, contaminated soil and any other materials and/or waste which may present any signficant threat to human or environmental health or safety.

            43.   Any other trade, industry or use which the Planning Commission finds will be injurious, hazardous, noxious or offensive to an extent equal to or greater than any of the enterprises enumerated in this subsection.

         C.   Because certain uses in the Class U-5A Industrial District have the potential to cause unique and substantial adverse impacts on the public health, safety, convenience, comfort, prosperity and general welfare in the City beyond the property upon which the use is conducted, the following uses (excluding those which have been prohibited under paragraph (c)(1)B. hereof) described in the following subsections shall not be permitted as of right, but solely pursuant to the conditional use permitting and site plan approval requirements set forth in Sections 1121.34 to 1121.36, inclusive:

            1.   Any use having a North American Industry Classification System (NAICS) subsection number of 221, 324, 325, 331, 481, 482, 484, 485, 486, 492, 493 or 562, as designated in the 1997 North American Industry Classification System Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States.

            2.   Any use having a North American Industry Classification System industry group number, a five-digit number or six-digit number of 1133, 3122, 3211, 3219, 3221, 332992, 332993, 332994, 332995 or 48821, as designated in such Manual;

            3.   Any use utilizing asbestos in the production process or final product;

            4.   Air fields. "Air field" means an area of land or water, publicly or privately owned, including any heliport, that is designated and set aside for the landing and taking off of aircraft and used, or intended to be used, in the interest of the public for that purpose. The term includes any appurtenant areas of land or water publicly or privately owned, that are used, or intended to be used, for air field related facilities or rights of way, including, but not limited to, terminals, runways, taxiways, tramways, runway protection zones, air field hangars, warehouses, heliports, helistops, service establishments catering to the air field and air field related facilities and excavation or fill for any air field related facility.

            5.   Commercial for-profit long-term and short-term parking facilities as main uses on a separate legal lot of record.

         D.   The following uses shall be prohibited:

            1.   No open or unroofed yard for the storage of lumber, other than new building material.

            2.   Any type of establishment defined as "adult entertainment" in Section 1121.021.

      (2)   Similar main uses permitted. Any other use not listed above may be permitted if determined as similar by the Planning Commission.

      (3)   Accessory uses permitted. Accessory uses which are incidential to the main use shall be permitted, such as:

         A.   Off-street surface and garage parking and loading facilities.

         B.   Fully enclosed or screened maintenance and storage facilities.

         C.   Signs, e.g. tenant identification, real estate and development.

         D.   Landscaping, lighting and screening.

   (d)   Performance Standards. No noise, odor, vibration, smoke, air pollution, liquid or solid waste, bio-hazards, heat, glare, dust, storwater runoff or other such adverse influences shall be permitted, except as permitted by Federal, State, County or local standards.

   (e)   Lot Area and Width Regulations.

      (1)   The minimum lot width at the building line shall be at least 200 feet.

      (2)   The minimum lot area shall be two acres.

   (f)   Lot Coverage Regulations. The land area occupied by the sum of the main (and accessory) buildings shall not exceed thirty-five percent of the lot.

   (g)   Yard Regulations.

      (1)   Front yards. All buildings shall be set back at least fifty feet from the existing or planned right of way of public streets. No parking, loading, maintenance or storage facility shall be located within the front yard.

      (2)   Side yards. Each lot shall maintain side yards of at least twenty feet.

      (3)   Side yards on corner lots. All buildings located on a corner lot shall have a yard facing upon the side street of at least fifty feet.

      (4)   Rear yards. All buildings shall maintain a rear yard of not less than twenty-five feet. Where the rear lot line is adjacent to a zoned residential district, the rear yard shall be not less than forty feet.

   (h)   Height Regulations. No building shall be erected to a height in excess of four stories or in excess of fifty feet.

   (i)   Off-Street Parking and Loading Facilities. All off-street parking and loading facilities in the U-5A Industrial District shall conform to the requirements of Chapter 1125. In addition, parking lots shall observe the following setbacks:

      (1)   Front setback. All parking areas shall be set back at least fifty feet from the existing or planned right of way of public streets.

      (2)   Side setback. Parking areas shall not be developed within ten feet from a side lot line. Parking areas shall be at least thirty feet from side lot lines which adjoin a zoned residential district.

      (3)   Side yards on corner lots. Parking shall be set back at last fifty feet from the right of way of the side street.

      (4)   Rear setbacks. Parking areas shall not be developed within ten feet from a rear lot line. Parking areas shall be at least thirty feet from side lot lines which adjoin a zoned residential district.

   (j)   Landscaping and Screening.

      (1)   Street buffer strips. A street buffer strip shall be provided and maintained on each developed property in a location between the sidewalk (where one exists or is proposed) and the curb or pavement edge of an adjacent public road. The entire area between the sidewalk and the curb shall be landscaped with grass and trees or an equivalent landscaping.

      (2)   Buffering from residential uses. All properties shall conform to the requirements of Sections 1121.28 and 1121.30. Where the provisions of the aforementioned sections and this section conflict, the more restrictive regulation shall apply.

      (3)   Screening from the public right of way. All exterior maintenance, service, storage areas, loading docks, ground-mounted mechanical and utility equipment and disposal facilities shall be screened from direct view from the public right of way. Screening may be achieved by architecturally compatible fencing or walls or through the use of landscaping material. Fencing and walls used to meet screening requirements shall display a finished face toward the adjacent street. Barbed wire shall not be permitted atop fencing.

      (4)   Landscaping in front yards and side yards on corner lots. Landscaping (i.e. trees, shrubs and flowers) shall be in a manner complementary to the site and required within the front and side yards on corner lots. Deciduous trees shall be planted in the front yard and side yards on corner lots along the public right of way. Trees shall be spaced every forty feet and at an initial height of at least eight feet. Parking areas shall be screened from the public right of way by a landscaped earthen berm, a vegetative barrier or any combination of the above. The screening shall provide a year round opacity of fifty percent up to a height of two and one-half feet.

   (k)   Signs. All sign regulations in the U-5B Industrial District shall conform to the requirements of Chapter 1123.

   (l)   Lighting. Lighting shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public right of way.

   (m)   Plan Review and Approval. A site plan, landscape plan and general building plans shall conform to the requirements of Section 1121.36(b).

(Ord. 8577-1999. Passed 8-24-99.)

   (a)   Intent. U-5C Industrial/Service Districts and regulations are established to achieve, among others, the following purposes:

      (1)   To provide, in appropriate and convenient districts, for the development of small industrial and service uses in order to promote employment and economic viability and strengthen the economy of the community.

      (2)   To promote the most desirable mix of land uses in accordance with plans recommended by the City.

      (3)   To protect adjacent residential districts by restricting the types of manufacturing and by establishing setback, buffering and landscaping standards.

      (4)   To protect and enhance the visual quality of the district and the entire community by establishing landscaping and screening standards from the public right of way.

   (b)   Regulations. Buildings and land shall be used and buildings shall be designed, erected, altered or maintained only for uses specifically permitted in a U-5C Industrial/Service District.

   The main buildings or main uses permitted shall be the only buildings and uses permitted by right. Accessory buildings or uses as set forth shall be permitted by right. Accessory buildings or uses as set forth shall be permitted by right, provided such buildings or uses are planned and developed integrally, clearly incidental and located on the same building lot as the main building or use.

   (c)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, in a U-5C Industrial/ Service District only for the uses set forth in the following schedule and regulations:

      (1)   Main buildings and uses permitted.

         A.   Veterinary hospitals.

         B.   Any industrial or manufacturing uses, except the following, which are prohibited:

            1.   Reduction of garbage, refuse, offal or dead animals

            2.   The manufacture or storage of fireworks or explosives

            3.   Gypsum, cement, lime or plaster of Paris manufacture

            4.   Acid manufacture, including hydrochloric, nitric, sulfuric, sulphurous, hydrofluoric or phosphoric acid

            5.   Smelting of iron, copper, tin or zinc ores

            6.   Distillation of bones, fat rendering or glue manufacture

            7.   No open or unroofed yard for the storage of secondhand lumber or other used building material, junk, paper, rags or other salvage articles, or the wrecking or dismantling of motor vehicles, may be established within 125 feet of a public thoroughfare, any other public land or any residence district

            8.   Any type of kiln plant for the manufacture of bricks and/or cement blocks, cement manufacturing, cement or concrete mixing plants, either portable or permanent, asphalt manufacturing and/or asphalt mixing plant

            9.   Bronze powder manufacture

            10.   Slaughterhouses or stock yards

            11.   Tile or terra cotta manufacture

            12.   Carbon, coke or lamp black manufacture

            13.   Celluloid manufacture or storage

            14.   Clay products manufacture

            15.   Creosote manufacture or treatment plant

            16.   Dye stuff manufacture

            17.   Emery cloth or sandpaper manufacture

            18.   Fertilizer manufacture

            19.   Gas manufacture or storage or oil refineries

            20.   Match manufacture

            21.   Mineral insulation manufacture

            22.   Mining

            23.   Nitrating of cotton or other cellulose material

            24.   Oilcloth or linoleum manufacture or oil wells

            25.   Paint, shellac, turpentine, lacquer or varnish manufacture

            26.   Potash manufacture

            27.   Print ink manufacture

            28.   Rayon manufacture

            29.   Rock and slag crushing

            30.   Rubber, caoutchouc or guta percha manufacture

            31.   Soap, tallow, grease or lard manufacture or refining

            32.   Soda ash, caustic soda or washing compound manufacture

            33.   Stone quarry, gravel and sand pit

            34.   Storage of volatile oil or gasoline in excess of 25,000 gallons

            35.   Tanneries

            36.   Tanning, curing or storage of raw hides or skins

            37.   Tar distillation or manufacture

            38.   Tar roofing or tar waterproofing manufacture

            39.   Fish houses, live poultry sales or poultry killing where the main or principal business is the killing of poultry

            40.   Sewage disposal plants

            41.   Crematories

            42.   Any use involving the handling, transferring, treating or recycling, in any manner whatsoever, of any hazardous waste. This section shall not apply to any medical facility or business which handles, transfers, treats or recycles hazardous waste produced from its own operations. For purposes of this subsection, the term hazardous waste shall include any medical waste, toxic materials and/or waste, contamined soil and any other materials and/or waste which may present any signficant threat to human or environmental health or safety.

            43.   Any other trade, industry or use which the Planning Commission finds will be injurious, hazardous, noxious or offensive to an extent equal to or greater than any of the enterprises enumerated in this subsection.

         C.   Offices: professional, medical, executive, administrative and sales

         D.   Research and development laboratories

         E.   Business and automotive services

         F.   Governmentally owned and/or operated buildings and facilities

         G.   Hotels and motels

         H.   Restaurants

         I.   Because certain uses in the Class U-5C Industrial/Service District have the potential to cause unique and substantial adverse impacts on the public health, safety, convenience, comfort, prosperity and general welfare in the City beyond the property upon which the use is conducted, the following uses (excluding those which have been prohibited under paragraph (c)(1)B. hereof) described in the following subsections shall not be permitted as of right, but solely pursuant to the conditional use permitting and site plan approval requirements set forth in Sections 1121.34 to 1121.36, inclusive:

            1.   Any use having a North American Industry Classification System (NAICS) subsection number of 221, 324, 325, 331, 481, 482, 484, 485, 486, 492, 493 or 562, as designated in the 1997 North American Industry Classification System Manual prepared by the Office of Management and Budget in the Executive Office of the President of the United States.

            2.   Any use having a North American Industry Classification System industry group number, a five-digit number or six-digit number of 1133, 3122, 3211, 3219, 3221, 332992, 332993, 332994, 332995 or 48821, as designated in such Manual; and

            3.   Any use utilizing asbestos in the production process or final product.

         J.   The following uses shall be prohibited:

            1.   No open or unroofed yard for the storage of lumber, other than new building material.

            2.   Any type of establishment defined as "adult entertainment" in Section 1121.021.

      (2)   Similar main use permitted. Any other use not listed above may be permitted if determined as similar by the Planning Commission.

      (3)   Accessory uses permitted. Accessory uses which are incidential to the main use shall be permitted, such as:

         A.   Off-street surface and garage parking and loading facilities.

         B.   Fully enclosed or screened maintenance and storage facilities.

         C.   Signs, e.g. tenant identification, real estate and development.

         D.   Landscaping, lighting and screening.

   (d)   Performance Standards. No noise, odor, vibration, smoke, air pollution, liquid or solid waste, bio-hazards, heat, glare, dust, storwater runoff or other such adverse influences shall be permitted, except as permitted by Federal, State, County or local standards.

   (e)   Lot Area and Width Regulations.

      (1)   The minimum lot width at the building line shall be at least 100 feet.

      (2)   The minimum lot area shall be one-half acre.

   (f)   Lot Coverage Regulations. The land occupied by the sum of the main (and accessory) buildings shall not exceed fifty percent of the lot.

   (g)   Yard Regulations.

      (1)   Front yards. All buildings shall be set back at least 30 feet from the existing or planned right-of-way of public streets. No loading, maintenance or storage facility shall be located within the front yard.

      (2)   Side yards. Each lot shall maintain side yards of at least ten feet.

      (3)   Side yards on corner lots. All buildings located on a corner lot shall have a yard facing upon the side street of at least 25 feet.

      (4)   Rear yards. All buildings shall maintain a rear yard of not less than 10% of the average depth of the lot. Where a rear lot line is adjacent to a zoned residential district, the rear yard shall be not less than 40 feet.

   (h)   Height Regulations. No building shall be erected to a height in excess of four stories or in excess of fifty feet.

   (i)   Off-Street Parking and Loading Facilities. All off-street parking and loading facilities in the U-5C Industrial/Service District shall conform to the requirements of Chapter 1125. In addition, parking lots shall observe the following setbacks:

      (1)   Front setback. All parking areas shall not be developed within ten feet from the existing or planned right-of-way of public streets.

      (2)   Side setback. Parking areas shall not be developed within six feet from a side lot line. Parking areas shall be at least 18 feet from side lot lines which adjoin a zoned residential district.

      (3)   Side yards on corner lots. Parking shall be set back at least ten feet from the right-of-way of the side street.

      (4)   Rear setbacks. Parking areas shall not be developed within six feet from the rear lot line. Parking areas shall be at least 18 feet from a rear lot line which adjoins a zoned residential district.

   (j)   Landscaping and Screening.

      (1)   Street buffer strips. A street buffer strip shall be provided and maintained on each developed property in a location between the sidewalk (where one exists or is proposed) and the curb or pavement edge of an adjacent public road. The entire area between the sidewalk and the curb shall be landscaped with grass and trees or an equivalent landscaping.

      (2)   Buffering from residential uses. All properties shall conform to the requirements of Sections 1121.28 and 1121.30. Where the provisions of the aforementioned sections and this section conflict, the more restrictive regulation shall apply.

      (3)   Screening from the public right of way. All exterior maintenance, service, storage areas, loading docks, ground-mounted mechanical and utility equipment and disposal facilities shall be screened from direct view from the public right of way. Screening may be achieved by architecturally compatible fencing or walls or through the use of landscaping material. Fencing and walls used to meet screening requirements shall display a finished face toward the adjacent street. Barbed wire shall not be permitted atop fencing.

      (4)   Perimeter parking buffer strips. A minimum grass-covered buffer strip of six feet in width with a six-inch high concrete curbing is required from the sidewalk (where one exists or is proposed) to any parking area of driveway aisle that is located in a required yard abutting a public road. In addition to grass cover, the perimeter parking buffer strip shall contain a continuous line of evergreen shrubs planted at intervals of no more than five feet on center at an initial height of at least two feet, and a continuous row of trees spaced at intervals of no more than thirty feet on center, at an initial height of at least eight feet. Such a tree or shrub that covers three feet in height shall be so located within the perimeter parking strip so as not to obstruct proper sight distance at intersecting parking aisles or where walkways intersect with vehicular driveway aisles.

      (5)   Outdoor sales lots. A minimum grass-covered buffer strip of six feet in width with a six inch high concrete curbing is required from the sidewalk to any outdoor display area that is located in a required yard abutting a public road. Outdoor display areas shall be surfaced with asphalt or concrete and shall be in accordance with engineering specifications and ordinances of the City. In addition to grass cover, the buffer strip shall contain a continuous row of trees spaced at intervals of no more than thirty feet on center at an initial height of at least eight feet.

   (k)   Signs. All sign regulations in the U-5C Industrial/Service District shall conform to the requirements of Chapter 1123.

   (l)   Lighting. Lighting shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public right of way.

   (m)   Plan Review and Approval. A site plan, landscape plan and general building plans shall conform to the requirements of Section 1121.36(b).

(Ord. 8577-1999. Passed 8-24-99; Ord. 9360-2007. Passed 2-21-07.)

   (EDITOR'S NOTE: This section, previously amended by Ordinance 8400-1997, passed January 27, 1998, was challenged and defeated by referendum vote on November 3, 1998. The previous version of this section, as adopted by Ordinance 8210-1996, passed May 21, 1996, was therefore reinstated.)

   (a)   Applications to establish any type of establishment defined as "adult entertainment" in Section 1121.021, establishments for the sale of beer or intoxicating liquor for consumption on the premises, hotels and motels, pawnshops, pool or billiard halls and secondhand stores shall be made to the Planning Commission, which shall not approve any such request if there is already in existence one or more such regulated uses within 1,000 feet of the boundaries of the site of the proposed regulated use, except as provided for in subsection (b) hereof.

   (b)   The Planning Commission may waive the locational limitation provided in subsection (a) hereof for adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, establishments for the sale of intoxicating liquor for consumption on the premises, hotels and motels, pawnshops, pool or billiard halls and second-hand stores, if the following findings are made:

      (1)   That the proposed use shall not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section shall be observed.

      (2)   That the proposed use shall not enlarge or encourage the development of a skid row area.

      (3)   That the establishment of an additional regulated use in the area shall not be contrary to any program of neighborhood conservation, nor interfere with any program of urban renewal.

      (4)   That all applicable regulations of this section shall be observed.

         A.   Prior to granting such regulated use, the Planning Commission shall give due notice of receipt of any application under consideration (notice of application) to all persons to whom any real property within 300 feet of the premises in question shall be assessed, to the occupants of all single, two, three and four-family buildings, to the managers of all multi-unit buildings over four families who shall be requested to post such notice in an appropriate location within the multi-unit building, and to all places of business within 300 feet thereof. Such notice shall be delivered personally or by mail, addressed to the respective owners, and, if the tenant's name is not known, the name "occupant" may be used.

         B.   The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and lot number and the subdivision name of the premises in question, and the section of the Zoning Ordinance under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions, either in writing, in person or by telephone, within a time period expiring not less than fourteen calendar days within the mailing date of such notice.

         C.   Subsequent to the deadline for response to the notice of application, a decision shall be made by the Planning Commission, taking into consideration the comments, statements and opinions expressed, to either approve, approve with conditions, or deny, the proposal in accordance with the standards set forth in this section. If no protest to the proposal was received by the Planning Commission, in response to the notice of application having been mailed, and if the applicant accepts a decision of the Planning Commission, this decision shall be deemed final and shall take immediate effect. If, however, a protest was received by the Planning Commission in response to the notice of application having been mailed, this section shall not take effect until the expiration of the appeal period set forth below.

         D.   A copy of the decision of the Planning Commission shall be mailed to the applicant and to all persons responding to the notice of application. Within fourteen calendar days after the Planning Commission has mailed a copy of the decision, the applicant or any person owning property, residing or doing business within 300 feet of the premises in question has the right to appeal such decision by filing a written protest with the Planning Commission.

         E.   If a written protest is filed with the Planning Commission within fourteen calendar days, the decision of the Planning Commission shall not take effect, and the written protest, together with the original application and the entire petition file, shall be referred by the Planning Commission to Council for the scheduling of a public hearing and for further action. In addition, if a written protest was filed by a person other than the applicant or his or her representative, the community and the Planning Commission shall inform the applicant that a written protest has been received and that the original decision, therefore, shall not take effect and the matter has been referred to Council for public hearing and further action. It shall be the responsibility of the person or organization who or which files the written protest, or his, her or its representative, to attend the public hearing held by Council and to give proper testimony as to why the original decision of the Planning Commission shall not take effect. If, however, no written protest is filed with the Planning Commission within the fourteen calendar days, the original decision of the Planning Commission shall be deemed final and shall take effect.

   (c)   Council may waive the locational requirements for any of the regulated uses set forth in this section, upon appeal, if the findings required in paragraphs (b)(1) through (4) hereof can be made after receiving a report and recommendation from the Planning Commission.

   (d)   No person shall hereafter establish any adult bookstore, adult picture theater, adult mini-motion picture theater, adult entertainment establishment, or any establishment offering live go-go-dancing performances, in a U-3-A-3, U-3-A-4, U-3-A-5, U-4, U-5 or U-6 zoned district if the proposed location is within 500 feet of a residentially zoned district. This prohibition may be waived upon the presentment to the Planning Commission of a validated petition requesting such waiver signed by fifty-one percent of those persons owning, residing or doing business within 500 feet of the proposed location.

      (1)   The Planning Commission shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this subsection. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Planning Commission and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon.

      (2)   The Planning Commission shall not consider the waiver of the locational requirements set forth in subsections (a) through (d) hereof until the above-described petition, if required, shall have been filed and verified.

   (e)   Prior to the granting of a permit for any regulated use, the Planning Commission or Council may impose any such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use as may in its judgment be necessary for the protection of the public interest. Any evidence or guarantee may be required as proof that the conditions stipulated in connection therewith shall be fulfilled.

      (1)   No car wash establishment may be established or operated within 1,000 feet of a school, public playground, recreation center or public park in the City.

      (2)   No car wash establishment may be established, operated or enlarged within one-half mile of another car wash establishment.

      (3)   No more than one car wash establishment shall be established or operated in the same building, structure, or portion thereof.

      (4)   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a car wash establishment is conducted, to the nearest property line of the premises of a car wash establishment or a school, recreation center, public playground, or public park.

      (5)   Car wash establishments shall not exceed one per every 10,000, or portion thereof, of the population of the City.

         (Ord. 11411-2024. Passed 5-14-24.)

   (a)   Purpose. Council, upon recommendation by the Planning Commission, may grant conditional use permits for certain uses which are not permitted by right under the Zoning Ordinance. Conditional uses include those uses which have some special impact or uniqueness such that their effects on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park cannot be determined in advance of the particular use being proposed for a particular location. At that time, a review of the location, design, configuration and impact is conducted by assessing the proposed use against fixed standards. The review considers the proposal in terms of existing zoning and land use in the vicinity of the use, public and private developments which may be adversely affected by the proposed use, the impacts of the proposed use at the particular location for which it is proposed on the public health, safety, convenience, comfort, prosperity and general welfare, and whether and to what extent all appropriate feasible steps have been taken by the permit applicant to minimize or mitigate any adverse impacts of the proposed use. This review determines whether the proposed use shall be permitted or permitted conditionally by Council, upon recommendation by the Planning Commission.

   (b)   Applicability. Any use which is permitted as a conditional use by this Zoning Ordinance shall comply with this section.

   (c)   Procedures.

      (1)   An application for a conditional use permit shall be filed in triplicate with the Planning Commission on a form prescribed by the Commission, accompanied by an application fee as established by the Commission. The application shall contain the following information:

         A.   The applicant's name and address and his interest in the subject property;

         B.   The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;

         C.   The street address and legal description of the property;

         D.   The zoning classification and present use of the subject property;

         E.   The particular provision of this Zoning Ordinance authorizing the proposed conditional use;

         F.   A general description of the proposed conditional use;

         G.   A site plan and general building plan complying with the requirements prescribed by Section 1121.36 which will become a part of the conditional use permit, if approved;

         H.   A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations;

         I.   A statement explaining how the proposed conditional use will not cause substantial injury to the value, use or enjoyment of other property in the vicinity of the proposed use;

         J.   A statement explaining how the proposed conditional use at the proposed location will be compatible with and not injurious to the use and enjoyment of neighboring property, and will not significantly diminish or impair property values within the vicinity; and

         K.   Any other material and/or information as may be required by the Planning Commission or Council to fulfill the purposes of this section of the Zoning Ordinance and to ensure that the application is in compliance generally with the ordinances of Brook Park.

      (2)   Copies of the application shall be distributed by the Planning Commission to the Departments of Public Safety and Public Service.

(Ord. 7861-1993. Passed 10-19-93.)

   (a)   A public hearing shall be held by the Planning Commission within forty-five (45) days following acceptance of a complete application and after the notice required by law has been provided. Not later than ten (10) days prior to the date set for the hearing on the application, each department to which the application has been referred shall file a written report thereon with the Planning Commission setting forth the recommendations for changes in the proposed use as submitted and the conditions for approval, if any, necessary to bring such proposed use into compliance with any applicable ordinance or regulation or to eliminate adverse effects of the proposed use on those aspects of the public health, safety, convenience, comfort, prosperity and general welfare of Brook Park for which such department has responsibility.

   (b)   Within thirty (30) days following the public hearing on the application, unless an extension of this time is agreed to by the applicant, the Planning Commission shall submit to Council, its recommendation either to grant the application for a conditional use permit, grant it subject to conditions, or deny it. The failure of the Planning Commission to act within the time period shall constitute a recommendation by it that the application be approved.

   (c)   At its next regularly scheduled meeting, Council shall grant the application for a conditional use permit, grant it subject to conditions, or deny it. Council may, in approving the application for a conditional use permit, impose such restrictions and conditions on such approval, the proposed use, and the premises to be developed or used pursuant to such approval, as it determines are required by the general purposes, goals, and objectives of the City of Brook Park Master Plan and this Zoning Ordinance to prevent or appropriately mitigate such adverse impacts of the proposed use as the Council determines necessary to protect the public health, safety, convenience, comfort, prosperity and general welfare. All conditions imposed upon any conditional use approval, with the exception of conditions made applicable to such approval by the terms of this Zoning Ordinance, shall be set forth expressly in the resolution granting the conditional use permit.

   (d)   In the event that a permit for a conditional use is granted by the Council subject to conditions, the grantee shall, in writing within ten (10) days following such Council action, acknowledge such approval and unconditionally accept and agree to such conditions.

(Ord. 7865-1993. Passed 10-19-93.)

   (a)   Conditional Use Standards. No application for a conditional use permit shall be approved by Council or recommended for approval by the Planning Commission unless Council, or the Commission, as applicable, specifically finds the proposed conditional use (subject to such restrictions and conditions as are within the respective discretion of the Planning Commission to recommend or Council to impose) appropriate in the location for which it is proposed based upon the following criteria:

      (1)   The proposed use at the proposed location shall be in harmony with the general purpose, goals, objectives and standards of the Brook Park Master Plan, this Zoning Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City of Brook Park.

      (2)   The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the vicinity of the proposed use, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, convenience, comfort, prosperity and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policy of the Brook Park Master Plan, this Zoning Ordinance, or any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the City of Brook Park.

      (3)   The proposed use at the proposed location shall be served adequately by, and shall not impose an undue burden on, essential public facilities and services such as highways, streets, parking, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.

      (4)   The proposed use at the proposed location shall not be designed, constructed or operated in a manner as to so dominate the immediate vicinity that the use would be incompatible with or injurious to the use and enjoyment of neighboring property, or otherwise would significantly diminish or impair property values within the vicinity. In determining whether the proposed conditional use would so dominate the immediate vicinity, consideration shall be given to:

         A.   The location, nature and height of buildings, structures, walls and fences on the site; and

         B.   The nature and extent of screening to be employed on the site.

      (5)   The proposed use at the proposed locations shall comply with all applicable regulations of this Zoning Ordinance, including lot size requirements, bulk regulations, use limitations, performance standards, and any additional standards imposed on it by the particular provision of this Zoning Ordinance authorizing such use.

      (6)   The benefits to be derived by the City of Brook Park from the proposed use at the proposed location outweigh the loss of, or damage to, any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic or historic features of significance, and outweigh the personal and economic costs of any disruption to the lives, businesses and property of individuals affected by the proposed use.

      (7)   The proposed use at the proposed location shall be compatible with and not injurious to the use and enjoyment of neighboring property, and shall not significantly diminish or impair property values within the vicinity.

      (8)   Adequate access roads or entrance and exit drives shall be provided and shall be designed so as to prevent traffic hazards and provide for the safe and convenience movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development.

      (9)   Adequate nuisance prevention or control measures have been or shall be implemented and maintained to prevent or appropriately mitigate offensive odors, fumes, smoke, air pollution, dust, noise, vibration, visual blight, liquid or solid wastes, bio—hazards, heat, glare, storm water runoff and other adverse effects associated with the proposed use at the proposed location.

      (10)   Adequate on-site lighting shall be provided for the safety of patrons, employees and property and shall be adequately shielded or directed so as not to disturb or adversely affect neighboring properties.

      (11)   The proposed use at the proposed location is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Brook Park has based planning or zoning decisions or, where inconsistencies exist, any such inconsistency is outweighed by the benefits to the community associated with the proposed use.

(Ord. 7866-1993. Passed 10-19-93.)

   A conditional use permit shall become null and void if construction of the proposed use has not begun within one year after approval by the Planning Commission. The Commission, with the consent of Council, may revoke a conditional use permit upon finding that the use does not comply with the Zoning Ordinance nor the conditions and safeguards established for such use pursuant to Section 1121.34. Upon revocation of a conditional use permit, all buildings and uses shall conform to the standards and requirements of permitted main and accessory uses established for the zoning district.

(Ord. 6884-1986. Passed 9-16-86.)

   Notwithstanding the provisions of Section 1121.34, the following conditions and safeguards shall be satisfied prior to the granting of a conditional use permit, except as expressly provided herein below.

   (a)   Survey and Approval by City Engineer or Consulting City Engineer. The City Engineer or Consulting Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building set forth in the application for a building permit and shall forward his opinion to the Building Commissioner and the Planning Commission prior to any approval of a building permit and prior to approval of the Planning Commission.

   (b)   Site Plan and General Building Plan Review and Approval. Whenever site plan and general building plan review and approval is required pursuant to this Zoning Ordinance, an application shall be filed with the Planning Commission. On the date of such filing, a copy of the application and all included information and materials shall also be filed by the applicant with the Building Commissioner. The approval or disapproval of such applications, as well as procedures for submission of the plan to Council, plus Council's power to override the Commission's formal action shall be conducted pursuant to City Charter Section 10.03. No modification or change in any building, structure, use, development or activity so approved shall be made except upon application to the Commission and Council as required herein for the building, structure, use, development or activity sought to be modified or changed. The application shall contain the following information and materials:

      (1)   The applicant's name and address and his interest in the subject property;

      (2)   The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;

      (3)   The street address and legal description of the property;

      (4)   The zoning classification and present use of the subject property;

      (5)   The proposed use or uses and a general description for the proposed development;

      (6)   A final plan or replat of the subdivision, as approved pursuant to Chapter 1111 of the Planning and Zoning Code;

      (7)   If the property is subject to the Master Plan, as defined in Chapter 1104, a statement indicating and explaining how the proposed use substantially conforms to the Master Plan;

      (8)   Any proposed grading or regrading of the subject property; any significant natural, topographical or physical features of the property, including, at a minimum, existing soil conditions, water courses, marshes, trees with trunk diameters in excess of four (4) inches, rock outcroppings and existing contours in excess of two (2) feet in one hundred (100) feet;

      (9)   Map(s) showing the location, size, use and arrangement of all proposed buildings and computations showing height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage of proposed and existing buildings which will remain, if any, number and size of dwelling units, number of bedrooms, in residential uses, and building separations;

      (10)   Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure;

      (11)   Location, dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways; driveways, entrances, curbs, curb cuts, parking stalls, loading spaces and access aisles; sidewalks, walkways and pathways, including slope and gradient of vehicular elements; and total lot coverage of all circulation elements, divided between vehicular and pedestrian ways;

      (12)   The location and size of existing and proposed water and sewer public utilities on and adjacent to the site and fire hydrant locations;

      (13)   All existing and proposed surface and subsurface drainage facilities, including culverts, drains and detention ponds, showing size and dimensions of flow;

      (14)   Location, height, size and arrangement of all outdoor signs and the location, intensity, direction and shielding of all outdoor lighting;

      (15)   Location and height of fences of screen plantings and the type or kind of building materials or plantings to be used for fencing or screening;

      (16)   Final elevations of proposed structures with the type or kind of building materials used; calculations of the percentage of masonry of the entire structure;

      (17)   Location, designation and total area of all usable open space;

      (18)   A soil erosion control plan for the period during which construction will be taking place;

      (19)   In the case of any proposed use requiring a conditional use permit, any information necessary to demonstrate compliance with all conditions imposed on the proposed conditional use by this Zoning Ordinance; and

      (20)   Any other information, materials, documents or testimony that may be required by the Planning Commission or Building Commissioner to determine that the application is in compliance with the codes and ordinances of Brook Park.

   (c)   Additional Information Required. Whenever a conditional use permit is required pursuant to this Zoning Ordinance, the following additional information shall be submitted as part of the application for site plan and general building plan review and approval required by subsection (b) hereof, subject to the provisions of subsection (d) hereof:

      (1)   All final environmental assessments and environmental impact statements for the proposed building, structure, use, development or activity if either or both are required pursuant to State or Federal law, including but not limited to the National Environmental Policy Act of 1969, as amended;

      (2)   Copies of all studies or analyses upon which have been based projections relied upon by the applicant of the need or demand for the proposed building, structure, use, development or activity, together with copies of all studies or analyses upon which the applicant has relied in selecting a location for the proposed building, structure, use, development or activity over alternatives thereto;

      (3)   A description of the present use, assessed value and actual value of land which will be used by the proposed building, structure, use, development or activity, together with a description of the expected future use of all such land, including all long-term plans and master plans of the applicant for the future use or development of such land;

      (4)   A description of the applicants ability to obtain needed easements (including, but not limited to, those necessary for drainage, waste disposal, utilities, and avigation) for the proposed building, structure, use, development or activity;

      (5)   A description of the feasibility and costs of any necessary removals of, or modifications to, residential, commercial and public structures in connection with the proposed building, structure, use, development or activity and with each alternative thereto considered by the applicant;

      (6)   A description of all special construction requirements for the proposed building, structure, use, development or activity and for each alternative thereto considered by the applicant, including descriptions of special geologic features and availability of special materials needed for construction;

      (7)   A description of ingress and egress to and from the proposed building, structure, use, development or activity, including projections of future ground traffic, traffic impact surveys, descriptions of existing ingress and egress routes, description of necessary or proposed expansions or enlargements of routes and parking areas;

      (8)   If the proposed use or activity will result in increased noise in the City of Brook Park, data demonstrating compliance with the guidelines set forth in Section 1121.38(f) of the Planning and Zoning Code;

      (9)   Copies of all studies undertaken or considered by any local, State or Federal agency in connection with the proposed building, structure, use, development or activity.

   (d)   Waiver of Certain Application Requirements.

      (1)   Council, upon recommendation by the Planning Commission, may, after a public hearing, waive any part or all of the application requirements set forth in subsection (c) hereof upon petition by the applicant stating and establishing that:

         A.   Full compliance with such application requirements would be unreasonably burdensome; and

         B.   The proposed building, structure, use, development or activity will not have a substantial impact on adjacent or surrounding areas.

      (2)   A waiver may be granted only if Council determines that the waiver petition is sufficient upon which to find that the proposed building, structure, use, development or activity will comply fully with all applicable ordinances and master plans of Brook Park and that the proposed building, structure, use, development or activity will not have a substantial impact on adjacent and surrounding areas.

(Ord. 7862-1993. Passed 10-19-93.)

   (a)   Intent. The U-6 Commercial, Research and Development District and regulations are established to achieve the following purposes:

      (1)   To provide areas for office uses and aerospace research and development activities and their directly related educational, industrial, support and service uses. Industrial is not to include mass production and mass manufacturing of products.

      (2)   To minimize the impact between these uses and adjacent residentially zoned property.

      (1)   Buildings and land shall be used and buildings shall be designed, erected, altered or maintained only for uses specifically permitted in the U-6 District.

      (2)   The main buildings or main uses permitted shall be the only buildings and uses permitted by right. Accessory buildings or uses as set forth shall be permitted by right, provided such building or use is planned and developed integrally, clearly incidental and located on the same building lot as the main building or use.

         A.   Offices.

         B.   Research and development facilities.

         C.   Educational, industrial, support and service uses directly related to the permitted uses listed above. Industrial is not to include mass production and mass manufacturing of products.

         A.   Off-street surface and garage parking and loading facilities.

         B.   Fully enclosed or screened maintenance and storage facilities.

         C.   Signs: tenant identification, real estate and development.

         D.   Landscaping, lighting and screening.

      (1)   The minimum lot width for all privately owned lots shall be at least 200 feet;

      (2)   The minimum lot area for all privately owned lots shall be two acres.

(Ord. 7198-1988. Passed 12-20-88; Ord. 8604-1999. Passed 11-30-99; Ord. 8831-2001. Passed 11-20-01.)

   (a)   Purpose. The responsibility for determining the relationship between acceptable and permissible land uses and specific noise levels rests with the City of Brook Park. Noise has the clear potential to cause substantial adverse effects on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park beyond the boundaries of the property on which the noise is generated. Accordingly, this section establishes land use compatibility guidelines and criteria for noise impacts which are to be considered in all zoning and planning decisions by the City of Brook Park, and, to the maximum extent permitted by Federal, State or local law, decisions by Federal and State governments, counties, townships and other municipalities and local governments.

   (b)   Definitions. Unless otherwise defined below, all terms in this section have the same meaning as set forth in Section 510.01 of the General Offenses Code of Brook Park. For the purposes of this section:

      (1)   "City" means the City of Brook Park, the Mayor, Council and any agency, department or instrumentality of the City of Brook Park and any officer, agent or employee thereof.

      (2)   "Commercial Area" means an area which is zoned as a Class U-3, U-3A, U-3B, U-3C or U-3D Use District.

      (3)   "Cultural Resource Area" means publicly or privately owned archeological or historical site of national, state or local significance.

      (4)   "Daytime" means the period from 7:00:01 a.m. to 9:59:59 p.m.

      (5)   "Day-Night Average Sound Level (Ldn)" means the annual average of the 24-hour energy average of A-weighted sound pressure level, with the levels during the Nighttime increased by 10 dBA before averaging, as computed in accordance with the methodology contained in the U.S. Environmental Protection Agency publication titled "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety" (March 1974).

      (6)   "Equivalent A-Weighted Sound Level (Leq)" means the constant sound level that, in a given time period, conveys the same sound energy as the actual time-varying A-weighted sound level.

      (7)   "Industrial Area" means an area which is zoned as a Class U-4 or U-5 Use District.

      (8)   "Lmax" means the maximum sound level generated by a single noise event.

      (9)   "Maintenance" means the routine maintenance, repair, landscaping and similar activities to maintain a property, including any structures thereon, in good repair and neat appearance.

      (10)   "Municipal Area" means any area owned or operated by the City which is not otherwise defined.

      (11)   "Nighttime" means the period 10:00 p.m. to 7:00 a.m.

      (12)   "Noise Sensitive Area" means any area designated pursuant to subsection (c) hereof for the purpose of ensuring exceptional quiet and any area designated as a zone of quiet under Section 311.03 of the Traffic Code of Brook Park.

      (13)   "Planned Development Area" means an area which is zoned as a Class U-6 Use District.

      (14)   "Proposal" means any plan, proposal, report, study, or recommendation proposing any new activity or land use, or proposing any change in an existing activity or land use, whether within or without the boundaries of the City of Brook Park, which when implemented may result in any increase in the levels of noise, change the timing of noise or change the geographic distribution of noise, in any area within the City of Brook Park.

      (15)   "Public Entity" means the federal government, a state, any political subdivision of a state, any county, municipality, township or other local government, including any agency, department, instrumentality, officer, agent, or employee of the foregoing. The term "Public Entity" does not include the City.

      (16)   "Residential Area" means an area which is zoned as a Class U-1 or U-2 Use District.

      (17)   "School Area" means any public or private educational facility including, but not limited to, schools, colleges, universities, pre-schools, day care centers, or training facilities.

      (18)   "Weekday" means any day Monday through and including Friday which is not a legal holiday.

      (19)   "Weekend" means any day which is not a Weekday.

   (c)   Designation of Noise Sensitive Areas.

   All religious facilities, hospitals, nursing homes, extended care facilities, homes for the aged, mental institutions, and other medical or psychological treatment facilities at which patients are cared for 24-hours-a-day are hereby designated as Noise Sensitive Areas.

   Pursuant to such procedures as it may establish, the Planning Commission may designate additional properties as Noise Sensitive Areas if the Commission finds that the activities on the property require exceptional quiet and the designation would further the public health, safety, convenience, comfort, prosperity or general welfare of the City of Brook Park or otherwise serve the purposes of this chapter.

   (d)   Consideration of Land Use Compatibility Criteria by the City of Brook

      (1)   The City shall apply the following criteria in considering, preparing, approving, endorsing, adopting, commenting upon, or supporting any proposal:

         A.   Whether the proposal introduces any land use which creates an incompatibility, as defined in subsection (f) hereof;

         B.   Whether the proposal introduces noise which causes or contributes to an incompatibility as defined in subsection (f) hereof; and

         C.   Whether the proposal introduces noise which would interfere with projected or planned moderation in or elimination of incompatibilities as defined in subsection (f) hereof.

      (2)   The City may require a proposal sponsor to provide data necessary for the City to apply the foregoing criteria and may defer consideration, preparation, approval, endorsement, adoption, comment or support of the proposal pending receipt and analysis of satisfactory data.

   (e)   Consideration of Land Use Compatibility Criteria by Any Public Entity. To the maximum extent required or permitted by Federal, State or local law, for every proposal that is prepared, considered, approved, endorsed, adopted, supported or commented upon by any Public Entity, the Public Entity shall apply the criteria set forth in subsection (d)(1) hereof.

   (f)   Land Use Compatibility Guidelines.

      (1)   Table 1 sets forth the guidelines for land use compatibility that have been determined by the City of Brook Park to be consistent with promoting the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park. Compatibility is deemed to exist under these guidelines if noise levels for a land use designation do not exceed either the average levels in column A or the single event levels in column B.

 

      (2)   Site-specific studies. Because of the diversity of Cultural Resource Areas, site specific studies must be performed to determine the impact of noise upon such Areas if the average noise levels are less than 65 dBA Ldn but greater than 55 dBA Ldn. Such studies shall consider the use of the particular resource, its historic or cultural significance and the direct and indirect impact which noise may have upon the resource.

      (3)   Multiple land use designations. If a particular property fits within more than one land use designation, the more restrictive land use compatibility guideline shall apply.

   (g)   Projections. In applying the criteria set forth in subsections (d) and (e) hereof, the City or the Public Entity shall consider the compatibility of the proposal upon its implementation and during each fifth year thereafter over the projected life of the proposal, or twenty years, whichever is less.

    (h)   No Repeal. Nothing in this section shall be construed to repeal, amend or otherwise affect any other provision of the ordinances of the City of Brook Park including, but not limited to, Chapter 510 of the Codified Ordinances.

    (i)   Notice to Public Entity. The Mayor, or a person designated by the Mayor, shall send a copy of this section to every Public Entity owning real property within the boundaries of the City of Brook Park. The Mayor, or a person designated by the Mayor, also shall send a copy of this section to any Public Entity which the Mayor has reason to believe may be affected by this section.

(Ord. 7864-1993. Passed 10-19-93.)

   (a)   Upon petition of a governmental entity, Council, upon recommendation of the Planning Commission, may officially recognize that the governmental entity is immune from compliance with this Zoning Ordinance, or from compliance with other identified requirements prescribed by the ordinances of the City of Brook Park, for a particular proposed use or activity:

      (1)   If there exists a directly applicable State or Federal grant of immunity; or

      (2)   In the absence of a directly applicable State or Federal grant of immunity, upon consideration and balancing of all relevant factors including, but not limited to:

         A.   Whether the petitioner has made a reasonable attempt to comply with the Zoning Ordinance;

         B.   The impact of zoning compliance on the public purpose underlying the proposed use or activity;

         C.   The essential nature of the proposed use or activity;

         D.   The impact of the proposed use or activity upon surrounding property; and

         E.   The alternative locations available for the proposed use or activity.

    (b)   Immunity may be recognized pursuant to subsection (a)(2) hereof only after public hearing.

(Ord. 7863-1993. Passed 10-19-93.)

   (a)   Findings. Based on evidence concerning economic and physical conditions in the Brookpark Road corridor presented in hearings before the Council and in the Brookpark Road Corridor Redevelopment Strategy Phase I Report (the "Phase I Report"), which was prepared for the Council in September, 1996, this Council finds that the adoption of a comprehensive zoning regulation designed to begin carrying out the recommendations in the Phase I Report will promote the health, safety and general welfare of the citizens of Brook Park.

   Based on evidence concerning the negative secondary effects of adult entertainment businesses on the community presented in hearings before the Council and in studies of the Brookpark Road corridor and other communities, the Council finds that adult entertainment businesses in Brook Park and in the Brookpark Road corridor cause negative secondary effects such as increased crime rates, decreased property values, curtailed retail trade and deterioration of the quality of urban life. The Council finds that restricting adult entertainment businesses to a subdistrict of the Brookpark Road Corridor Special District, denominated the U-7AE Adult Entertainment Sub-district, will help minimize and control these adverse effects and thereby protect the health, safety and welfare of the citizens of Brook Park, protect citizens from increased crime, preserve property values, and prevent the deterioration of the quality of life in various neighborhoods of the City.

    (b)   Purpose. The purposes of creating the Brookpark Road Corridor Special District are to create a common land use framework for the Brookpark Road corridor, emphasizing redevelopment and physical attractiveness, and to create an appropriate location for adult entertainment businesses, as defined in Section 1121.021 of this Zoning Ordinance, in the Brookpark Road corridor. The U-7 Special District and regulations are established to achieve, among other things, the following objectives:

      (1)   To provide areas for automobile-related manufacturing and technology uses, commercial uses, research and development/light industrial uses, highway oriented uses, automobile sales and service uses, and supporting service uses along the corridor.

      (2)   To facilitate the redevelopment of key properties along the corridor.

      (3)   To enhance the interface between diverse uses along the corridor.

      (4)   To provide flexibility in zoning requirements and land development, while maintaining Municipal approval by means of site plan review.

      (5)   To achieve physical enhancement of the corridor through landscaping, streetscaping and signage.

      (6)   To create a sub-district along the corridor where adult entertainment uses are permitted by right.

   (c)   Map. The Special District Map, as defined in Section 1121.02 of this Zoning Ordinance, is adopted as an integral part of this Zoning Ordinance.

    (d)   Regulations. The following requirements shall apply to all land uses in the U-7 Special District, including the U-7AE Sub-district:

      (1)   Accessory buildings or uses shall be permitted by right, provided such buildings or uses are planned and developed integrally with, are clearly incidental to, and are located on the same building lot as, the main building or use. Accessory uses shall include off-street parking and signs.

      (2)   All proposed uses and accessory uses must comply with Chapter 1123 (Signs) and Chapter 1125 (Off-Street Parking) of this Planning and Zoning Code.

      (3)   Site plans, landscape plans, and general building plans for all uses, including conditional uses, must comply with Section 1121.36(b) (Site Plans) of this Zoning Ordinance.

      (4)   All uses must comply with Section 1121.38 of this Zoning Ordinance with regard to noise impacts.

      (5)   No adult entertainment business, as defined in Section 1121.021 of this Zoning Ordinance, may locate outside the U-7AE Adult Entertainment Sub-district.

      (6)   The following industrial and manufacturing uses are prohibited as a principal business purpose: the storage of second-hand lumber or other used building material, junk, paper or other salvage articles and the wrecking or dismantling of motor vehicles; the reduction of garbage, refuse, offal or dead animals; the manufacture or storage of fireworks or explosives; the manufacture of gypsum, cement, lime or plaster of Paris; the manufacture of acid (including hydrochloric, nitric, sulfuric, sulfurous, hydrofluoric or phosphoric); the smelting of iron, copper, tin or zinc ores; the distillation of bones, fat rendering and glue manufacture; logging, sawmills and planing mills, pulp mills and paper mills; the manufacture and/or storage of ordnance and accessories; and manufacture and/or storage of asbestos products.

   (e)   Permitted Uses. Buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, in the U-7 Special District only, for uses specifically permitted in the U-7 Special District, as set forth in the following schedule and regulations:

      (1)   Uses permitted by right. The following uses are permitted by right in the U-7 Special District:

         A.   Uses primarily engaged in automotive-related research and technology, laboratories and related manufacturing.

         B.   Research and development laboratories, research laboratories, developmental laboratories, and compatible light manufacturing facilities, such as, but not limited to, the following: electronics, metallurgy or chemical.

         C.   Uses primarily engaged in manufacture, research, assembly, testing and repair of components, devices, equipment and systems involving the following items: communication, navigation, guidance and control equipment; and radar, infrared and ultraviolet equipment and related technologies.

         D.   Industrial and manufacturing uses, so long as no noise, odors, vibration, smoke, air pollution, liquid or solid wastes, bio-hazards, heat, glare, dust, stormwater runoff or other such adverse influences violate Federal, State, County or local laws or regulations.

         E.   Offices, including professional, medical, executive, administrative and sales offices.

         F.   Commercial uses, except those listed in paragraph (e)(2) hereof.

         G.   Retail uses, except those listed in paragraph (e)(2) hereof.

         H.   Cultural facilities.

         I.   Public meeting places/halls.

         J.   Cemeteries and crematories.

         K.   Public utility and transit rights of way and pertinent structures.

         L.   Restaurants and fast food establishments.

         M.   Government owned and/or operated buildings and facilities as defined and regulated in Chapter 1104 of this Planning and Zoning Code

      (2)   Conditional uses. Conditional uses are those uses that have some special impact or uniqueness such that their effect on the public health, safety, convenience, comfort, prosperity and general welfare in the City of Brook Park cannot be determined in advance.

         The U-7 Special District has been divided into zones that are designed to guide uses with like impacts into concentrated areas. These zones are:

            Zone A: Transportation

            Zone B: Light Industry/Commercial

            Zone C: Automotive Services

            Zone D: Highway Oriented

         These zones are identified on the Special District Map, as defined in Section 1121.02 of this Zoning Ordinance. The following uses are permitted to locate in the U-7 Special District only upon approval of a conditional use permit pursuant to Section 1121.34 of this Zoning Ordinance, and only in the zones designated below, subject to the conditions set forth in this section (SIC=Standard Industrial Classification):

         A.   Establishments engaged in furnishing transportation by line-haul railroad, switching and terminal establishments (Major Group SIC Code 40). Such uses must be located within the A, B or D Zones identified on the Special District Map.

         B.   Establishments engaged in furnishing local and suburban passenger transportation by bus, rail or subway and establishments providing transportation to local scenic features (SIC Code 41). Such uses must be located within the A, B, C or D Zones identified on the Special District Map.

         C.   Establishments furnishing local or long distance trucking or transfer services (Major Group SIC Code 42). Such uses must be located within the B Zone identified on the Special District Map.

         D.   Establishments engaged in warehousing, the storage of furniture and other household goods, or the storage of commercial goods of any nature (Major Group SIC Code 42). Such uses must be located within the B Zone identified on the Special District Map.

         E.   Establishments engaged in the generation, transmission and/or distribution of electricity, gas and sanitary services (Major Group SIC Code 49). Such uses must be located within the A, B, C or D Zones identified on the Special District Map.

         F.   New and used automobile and truck sales and service. Such uses must be located within the D Zone identified on the Special District Map.

            Incidental storage of any vehicle in need of repair for a continuous period of more than twenty-four hours shall be located entirely behind the main building and screened from view.

         G.   Gasoline service stations. Such uses must be located within the A, C or D Zones identified on the Special District Map.

         H.   Automotive services (washing, lubrication, detailing, body shops, customizing and minor repairs). Such uses must be located within the C Zone identified on the Special District Map.

            Incidental storage of any vehicle in need of repair for a continuous period of more than twenty-four hours shall be located entirely behind the main building and screened from view.

         I.   Commercial amusement establishments, including bars, theaters, bowling alleys, skating rinks, dance halls and pool parlors. Such uses must be located within the A, B, C or D Zones identified on the Special District Map.

         J.   Hotels and motels. Such uses must be located within the D Zone identified on the Special District Map.

      (3)   U-7AE Adult Entertainment Sub-district. Buildings and land shall be used, and buildings in the U-7AE Sub-district shall be designed, erected, altered or maintained, in whole or in part, only for the uses set forth in the following schedule and regulations. The following uses are permitted by right:

         A.   Adult entertainment businesses, as defined in Section 1121.021 of this Zoning Ordinance.

         B.   Those uses allowed by right or by conditional use permit in paragraph (e)(1) or (2) hereof, except that hotels and motels, and escort agencies as defined in Section 766.01 of these Codified Ordinances, may not locate within the U-7AE Sub-district.

   (f)   General Regulations. Uses within the U-7 Special District, including the U-7AE Sub-district, shall comply with the following requirements:

      (1)   Lot area and width regulations.

         A.   The minimum lot width at the building line shall be at least 110 feet. All main buildings shall be oriented toward the front lot line.

         B.   The minimum lot area shall be one-half acre.

      (2)   Lot coverage regulations. The land area occupied by the sum of the main and accessory buildings shall not exceed fifty percent of the lot. The floor area ratio (FAR) for any lot shall be a maximum of .5.

      (3)   Yard regulations.

         A.   Front yard setback. All buildings or parking lots shall be set back at least ten feet from the existing or planned right-of-way of public streets.

         B.   Side yard setback. All buildings or parking lots shall be set back at least ten feet from the nearest side lot line.

         C.   Front and side yard setbacks for corner lots. All buildings or parking lots located on a corner lot shall be set back at least ten feet from the existing or planned right-of-way of all abutting public streets.

         D.   Rear yard setbacks. All buildings and parking lots shall be set back at least ten feet from the rear lot line.

      (4)   Height Regulations.

         A.   Limitations. The height of any main building or accessory use shall not exceed four stories or fifty feet maximum height, except that this limitation shall not apply to restrict the height of the following when such shall extend not more than ten feet above the building or structure: belfries, domes, water towers, church spires, observation towers, elevator bulkheads, stage towers, scenery lofts, antennas, or other miscellaneous mechanical appurtenances, when erected upon and as an integral part of the building. The provisions of this paragraph shall not prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows extending above such height limit no more than three feet.

         B.   Airport-related height limitation. Any structure that may penetrate the airspace of the Cleveland Hopkins International Airport must conform to Ohio R.C. 4561.30 et seq., and the rules and regulations promulgated thereunder.

      (5)   Landscaping and screening.

         A.   Landscaping (i.e., trees, shrubs and flowers) shall be in a manner complementary to the site, and shall be required within the front and side yards of each lot, with the exceptions of walks, driveways, parking and facilities.

         B.   Free-standing trees on any lot which have a trunk of six inches or more in diameter (measured at three feet above grade) shall be preserved or replaced with trees of a diameter of four inches or larger.

         C.   All exterior maintenance and storage areas shall be screened from direct view from both the public right-of-way and adjoining private property, by either architecturally compatible fencing or masonry walls, and buffered with landscape material.

         D.   All sites shall adhere to the following general landscaping requirements:

            1.   General landscaping: No less than one shrub for every three linear feet of site frontage, to be placed in the front yard setback.

            2.   Street trees along site frontage: Street trees shall be planted in the front yard setback, along the street frontage, at a rate of no less than one tree per forty feet of frontage, with no less than three trees per site. Street trees shall be planted forty feet on center.

            3.   Parking lot trees: No less than one tree for every ten parking spaces and no less than two trees per lot. Each tree must be within a 100-foot radius of the next tree. Where a parking lot abuts the front yard setback, in whole or in part, any street trees that are planted along the site frontage in compliance with paragraph (f)(5)D.2. hereof and that are adjacent to the parking lot may be counted towards satisfaction of the tree requirement of this paragraph.

            4.   Parking lot hedge: Any parking lot located in whole or in part within the front yard setback shall be screened from the public right-of-way by a continuous evergreen hedge three feet in height. This hedge requirement shall be in addition to the requirements for street trees and parking lot trees. (Ord. 8394-1997. Passed 1-27-98.)

      (1)   No car wash establishment may be established or operated within 1,000 feet of a school, public playground, recreation center or public park in the City.

      (2)   No car wash establishment may be established, operated or enlarged within one-half mile of another car wash establishment.

      (3)   No more than one car wash establishment shall be established or operated in the same building, structure, or portion thereof.

      (4)   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a car wash establishment is conducted, to the nearest property line of the premises of a car wash establishment or a school, recreation center, public playground, or public park.

      (5)   Car wash establishments shall not exceed one per every 10,000, or portion thereof, of the population of the City.

         (Ord. 11411-2024. Passed 5-14-24.)

      (1)   No storage facility may be established or operated within 1,000 feet of a public playground, recreation center or public park in the City.

      (2)   No storage facility may be established, operated or enlarged within one-half mile of another storage facility.

      (3)   No more than one storage facility shall be established or operated in the same building, structure, or portion thereof.

      (4)   For the purpose of subsections (1) and (2) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a storage facility is conducted, to the nearest property line of the premises of a storage facility or a school, recreation center, public playground, or public park.

      (5)   Storage facilities shall not exceed one per every 10,000, or portion thereof, of the population of the City.

         (Ord. 11420-2024. Passed 6-18-24.)

   (a)   No adult entertainment business, as defined in Section 1121.021 of this Zoning Ordinance, shall locate in any zoning district or sub-district other than the U-7AE Adult Entertainment Sub-district.

   (b)   This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.

(Ord. 8401-1997. Passed 1-27-98.)

   (a)   Establishment of U-8 Airport Overlay District. The U-8 Airport Overlay District is hereby established for the area defined in Exhibit A attached to Ordinance 8818-2001, passed October 2, 2001, and incorporated herein by reference as if fully set forth herein.

   (b)   Intent. The U-8 Airport Overlay District and regulations are established to achieve the following purposes:

      (1)   To allow existing residences in the area designated for the expansion of Cleveland Hopkins International Airport (the "Airport") to continue as permitted uses;

      (2)   To protect such existing residences by permitting airport uses only under conditions that will reasonably minimize impacts to such residences; and

      (3)   To provide an area for airport uses in order to permit the expansion of the airport in an appropriate manner.

   (c)   Relation to Zoning Districts. The U-8 Airport Overlay District and regulations pertaining to it shall be in addition to the zoning districts and regulations established in other sections of the Planning and Zoning Code, Chapter 1121 of the Codified Ordinances (the "underlying zoning district regulations"). Nothing in this Section 1121.43 is intended to amend, modify or otherwise change such zoning districts and regulations except as specifically set forth in this section.

   (d)   Relation to Zone Map. The inclusion of land in the Airport Overlay District shall be in addition to the zoning districts as established on the Zone Map, and nothing in this Section 1121.43 is intended to amend, modify or otherwise change the zoning district boundaries as shown on the Zone Map.

   (e)   Definition. For the purposes of this section, "airport use" means runways, taxiways, airport terminals, runway protection zones or other areas established proximate to a runway that are designed to protect people and property on the ground from aircraft maneuvers, radio navigation aid towers, surveillance radars, hangars, warehouses or other facilities for the storage of airport related supplies and equipment, fencing, lighting, airport offices, construction materials storage, fill storage, flight catering facilities, electrical substations, rotating beacon lights, deicing pads, cargo warehouses, airport user offices, freight forwarder/acceptance buildings, aircraft parking aprons, or facilities for the maintenance of aircraft or airport related equipment, all of the above to be in connection with the airport. Commercial or industrial development not directly and substantially related to the air transportation of persons or property does not constitute an "airport use" for purposes of this section.

   (f)   Permitted Uses. On any property located in the U-8 Airport Overlay District, buildings and land shall be used, and buildings shall be designed, erected, altered or maintained, in whole or in part, only for uses specifically permitted in the underlying zoning district regulations, or airport uses.

   (g)   Regulations. To provide a transition from residential to airport uses, the following requirements apply to all airport uses in the U-8 Airport Overlay District:

      (1)   Underlying zoning regulations. Airport uses shall not be subject to any requirements of the underlying zoning district regulations related to building setbacks, yards, height restrictions, landscaping, buffer zones, fences and walls, and off-street parking.

      (2)   Off-premises impacts. All cinders, dust, flashing, fumes, gases, noises, odors, refuse matter, smoke, vapors and vibrations from airport uses shall be effectively contained so as not to be dangerous or harmful to the public health.

      (3)   Time-of-day restrictions. On any street or block where one or more dwellings, apartment houses, apartment hotels or other single, double or multifamily residential structure (collectively "residence") in the City that was in existence on February 1, 2001, are located, no trucking operations, construction activities, or activities with similar impacts shall be conducted before 8:00 a.m. or after 9:00 p.m., Monday through Saturday, or before 10:00 a.m. or after 8:00 p.m. on Sunday, unless necessary to protect the public health and safety.

      (4)   Setbacks and buffer zones.

         A.   No airport use shall be located on a lot closer than 250 feet from any lot on which a residence in the City that was in existence on February 1, 2001, is located.

         B.   The following airport uses shall not be located on any lot closer than 500 feet from any lot on which a residence in the City that was in existence on February 1, 2001, is located:

            1.   Radio navigation aid towers, surveillance radars, lighting, or rotating beacon lights of a height greater than thirty-five feet and less than sixty feet; and

            2.   Storage of construction or fill material of less than fifty cubic yards that is not sheltered in an enclosed building and that is to be used at the airport, except if such material is to be used in connection with an airport use for which the City has issued a building permit.

         C.   Except as provided below, the following airport uses shall not be located on any lot closer than 1,000 feet from any lot on which a residence in the City that was in existence on February 1, 2001, is located:

            1.   Runways, taxiways, airport terminals, hangars, aircraft parking aprons, electrical substations and/or deicing pads;

            2.   Radio navigation aid towers, surveillance radars, lighting, or rotating beacon lights of a height greater than sixty feet and less than 150 feet; and

            3.   Storage of construction or fill material in excess of fifty cubic yards that is not sheltered in an enclosed building and that is to be used at the airport, except if such material is to be used in connection with an airport use for which the City has issued a building permit.

            Provided, however, that, after the City of Cleveland has demolished all homes in the areas covered by either of the two phases of the U-8 Airport Overlay District as shown on the map attached as Exhibit A to Ordinance 8818, passed October 2, 2001, and made a part hereof as if fully set forth herein, the 1,000 foot separation requirement provided for in this division (g)(4)C. shall be measured only from any lot on which a residence in the U-8 Airport Overlay District is located.

      (5)   Height.

>         A.      The height of any airport use shall not exceed two and one-half stories or thirty- five feet on any street or block where one or more dwellings, apartment houses or apartment hotels in the City that were in existence on February 1, 2001, are located, or otherwise fifteen stories or 150 feet on any other street, except as provided in division (g)(4) above. These limitations shall not apply to restrict the height of the following when such shall extend not more than ten feet above the building or structure; belfries, domes, water towers, observation towers, elevator bulkheads, or other miscellaneous mechanical appurtenances, when erected upon and as an integral part of the building. The provisions of this division shall not prevent the erection above the height limit of a parapet wall or cornice solely for ornament and without windows extending above such height by no more than three feet.

         B.   No equipment or material shall be stored, whether temporarily or permanently, in a manner that creates a stockpile of a height that exceeds the restrictions set forth in division (g)(5)A.

      (6)   Landscaping and screening. The City of Cleveland shall provide landscaping and screening to provide a buffer around airport uses and fences that are in place for more than one year, unless otherwise approved by the Planning Commission. Prior to establishing any airport use or fence, the City of Cleveland shall submit to the Planning Commission a plan comporting with Section 11.03 of the City Charter setting forth how the City of Cleveland will:

         A.   Screen such airport use or fence from streets and residences;

         B.   Maintain access to residential property not acquired by the airport; and

         C.   Provide security for property acquired by the City of Cleveland.

         The City shall not unreasonably withhold approval of such plan.

      (7)   Signs. On any street or block where one or more residences in the City that were in existence on February 1, 2001, are located or on a structure adjacent to a public street, all proposed uses and accessory uses must comply with Chapter 1123 of this Planning and Zoning Code.

      (8)   Off-street parking. On any street or block where one or more residences in the City that were in existence on February 1, 2001, are located, all airport uses must provide off-street car and truck parking for employees, owners and others coming to the premises on matters incidental to the use thereof.

(Ord. 8818-2001. Passed 10-2-01.)

   Except as expressly authorized pursuant to Section 1121.43 and Section 1121.322(c)(1)(C)(4), airport uses as defined in Section 1121.43(d) and air fields as defined in Section 1121.322(c)(1)(C)(4) shall be prohibited in any use district in the City.

(Ord. 8833-2001. Passed 11-20-01.)

   The owner of any building or premises or part thereof, where anything in violation of this Zoning Ordinance shall be placed or shall exist or be maintained, and any architect, builder, contractor or other person who may be employed to assist in the commission of any such violation, and all persons or corporations who shall violate or maintain any violation of any of the provisions of this Zoning Ordinance, or shall fail to comply therewith or with any requirements thereof, or shall build in violation of any detailed statement of plans submitted and approved thereunder, shall be guilty of a misdemeanor of the first degree, punishable under Chapter 501 of the Codified Ordinances.

(Ord. 6025-1981. Passed 8-18-81.)