(a)   This Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, property and general welfare by regulating and restricting the bulk, height, design, percent of lot coverage and location of buildings; regulating the area and dimensions of land, yards and other open spaces; regulating and limiting the density of population; regulating the use of buildings and land for agriculture, residence, business, industry or other uses; and for such purpose to divide the City into districts of such number, shape and area as may be considered best to carry out these regulations and provide for their enforcement. Only those uses enumerated in this Zoning Code are permitted.

   (b)   Further, more specific purposes are:

      (1)   To protect the character and the values of the agricultural, residential, business, industrial and recreational areas and to assure their orderly and beneficial development;

      (2)   To provide adequate open spaces for light and air, to prevent overcrowding of the land, excessive concentration of the population, and, on the other hand, excessive and wasteful scattering of the population;

      (3)   To lessen congestion on the streets, to improve the public safety by locating buildings and uses adjacent to streets so they will cause the least interference with, and be damaged least by, traffic movements;

      (4)   To facilitate adequate provisions for public utilities and facilities such as recreation, school, sewerage, water, transportation and other public requirements; and

      (5)   To encourage the most appropriate uses of the land and guide the future development of the City, all in accordance with a comprehensive plan.

         (Ord. 1966-74. Passed 3-22-66.)

   (a)   In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements. They do not prevent other more restrictive requirements.

   (b)   Where this Zoning Code imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of buildings or requires larger lots or yards than are imposed or required by other codes, laws, ordinances, rules or regulations, this Zoning Code shall govern.

   (c)   Nothing contained in this Zoning Code shall be construed to remove or render inoperative any restriction of land established by restrictive covenants running with the land to which the City is a party.

   (d)   The regulations prescribed by this Zoning Code shall be applicable to all buildings, structures and uses by any political subdivision, district, taxing unit or bond-issuing authority of the State.

(Ord. 1966-79. Passed 3-22-66.)

   For the purpose of this Zoning Code the City is hereby divided into the following districts:

 

(Ord. 1996-014. Passed 2-12-96.)

   The districts are designated on the Zone Map by symbols. They are arranged in the order of restrictiveness beginning with the most restrictive, and in general, all uses in the preceding districts are permitted in the following district, except in the industrial districts and Flood Plain Districts some of the preceding uses are not permitted.

(Ord. 1966-79. Passed 3-22-66.)

   The boundaries of these districts are hereby established as shown on the map entitled "Zone Map of Eastlake, Ohio" which is on file with the Clerk of Council and includes all notations, references, data, amendments and other information shown thereon, and the Zone Map is hereby made a part of this Zoning Code.

(Ord. 1966-79. Passed 3-22-66.)

   The district boundary lines are intended to follow the centerlines of streets or alleys or their extensions, or lot lines or their extensions. Where a boundary line obviously does not coincide with any of the aforesaid lines it shall be determined by dimensions shown on the Zone Map.

(Ord. 1966-79. Passed 3-22-66.)

   The regulations set by this Zoning Code within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as provided elsewhere in this Zoning Code:

   (a)   No building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

   (b)   No building or other structure shall hereafter be erected or altered:

      (1)   to exceed the height;

      (2)   to accommodate or house a greater number of families;

      (3)   to occupy a greater percentage of lot area;

      (4)   to have narrower or smaller rear yards, front yards, side yards or other open spaces then herein required, or in any other manner contrary to the provisions of this Zoning Code.

   (c)   No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

   (d)   No yard or lot existing at the time of passage of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements established by this Zoning Code.

      (Ord. 1966-79. Passed 3-22-66.)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in all districts only for the uses set forth in the following schedules and regulations of this Zoning Code:

   (a)   The main buildings and uses set forth as permitted uses shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.

   (b)   The conditional uses set forth as such shall not be permitted by right; such uses may be permitted under specific conditions or prohibited in certain locations by the Planning Commission and Council after making a determination for conformance with standards set forth in Section 1161.03. If approved, a conditional use permit shall be granted.

   (c)   The accessory buildings and uses set forth as a permitted accessory use and further regulated in subsequent sections, shall be permitted as a subordinate building or use if it is clearly incident to and if located on the same zoning lot as the main building or use; if set forth as a conditional accessory use, it shall be permitted only under the conditions upon which it is approved, only one accessory building is permitted on a parcel.

   (d)   No use or occupancy of any building space or structure shall be permitted until the owner and tenant obtains an occupancy permit from the Building Department. It shall be the responsibility of the owner of the building to ensure the Occupancy Permit is current and all repairs and/or violations are corrected. Occupancy permits are required when any of the following occurs;

      (1)   Change in tenant except residential tenancies.

      (2)   Change in business type or use; notwithstanding the provisions of this chapter, a conditional use permit may also be required.

      (3)   Any new building.

   (e)   A temporary exterior retail use of buildings and land may be allowed for all districts, provided that the proposed temporary exterior retail use is not detrimental to the adjacent property and the public welfare, and not otherwise prohibited or restricted, either in whole or in part by this Code. A temporary exterior retail use of the otherwise enclosed building is permitted provided each of the following is satisfied:

      (1)   Application to the Building Department in writing on the forms provided by the Building Department, which application shall include a proposed exterior use plan.

      (2)   That the proposed temporary exterior retail use is otherwise allowed as a permitted use, permitted accessory use, or a conditional use as approved in accordance with Section 1161.02, et seq.

      (3)   Approval of the Building Department, upon such terms, conditions and safeguards directed by the Building Department.

      (4)   Approval by the Safety Director, upon such terms, conditions and safeguards directed by the Safety Director.

      (5)   The exterior use shall extend for no more than five (5) days and shall occur only one (1) time per year.

         (Ord. 2008-030. Passed 4-22-08.)

      (6)   A fee of five hundred dollars ($500.00) per application of the proposed use is to be paid at the time of application. Three hundred dollars ($300.00) of the total sum per application shall be refunded, provided each of the following is satisfied.

         A.   The exterior use causes no additional cleaning, waste collection or maintenance services to be provided by and through the City.

         B.   All exterior tents, booths, covering or such shielding shall be removed within 24 hours of the last day of the approved temporary exterior use.

      (7)   Whoever violates this subsection is guilty of a minor misdemeanor.

         (Ord. 2003-086. Passed 5-27-03.)

   A temporary exterior retail use of buildings and land may be allowed, with the exception of the LS-D District, provided that the proposed temporary exterior retail use is not detrimental to the adjacent property and the public welfare, and not otherwise prohibited or restricted, either in whole or in part by this Code. A temporary exterior retail use of the otherwise completely enclosed building is permitted provided each of the following is satisfied:

   (a)   Application to the Building Department in writing on the forms provided by the Building Department, which application shall include a proposed exterior use plan.

   (b)   That the proposed temporary exterior retail use is otherwise allowed as a permitted use, permitted accessory use or a conditional use as approved in accordance with Section 1161.02 et seq.

   (c)   Approval of the Building Department, upon such terms, conditions and safeguards directed by the Building Department.

   (d)   Approval by the Safety Director, upon such terms, conditions and safeguards directed by the Safety Director.

   (e)   The exterior use shall extend for no more than five (5) days and shall occur only one (1) time per year.

   (f)   A fee of five hundred dollars ($500.00) per application of the proposed use is to be paid at the time of application. Three hundred dollars ($300.00) of the total sum per application shall be refunded, provided each of the following is satisfied:

      (1)   The exterior use causes no additional cleaning, waste collection or maintenance services to be provided by and through the City.

      (2)   All exterior tents, booths, covering or such shielding shall be removed within 24 hours of the last day of the approved temporary exterior use.

   (g)   Whoever violates this section is guilty of a minor misdemeanor.

      (Ord. 2003-087. Passed 5-27-03.)