In Suburban "5", Suburban "1", One-Family "75", One-Family "60", Multi-Family and Multi-Family High-Rise Districts, Condominium Districts buildings, structures or land, shall be used, and buildings or structures shall be hereafter erected, altered, enlarged or designed to be used, in whole or in part, only in accordance with the regulations that follow.

(Ord. 1995-101 Passed 5-9-95.)

   (a)   S-5 District (Suburban "5" District).

      (1)   Permitted main buildings and uses.

         One-family dwellings.

         Agricultural uses, such as farming, truck gardening and nurseries.

            The raising of domestic animals and fowl is not permitted on lots of less than ten acres.

         Parks and other public recreation uses.

         Institutions, churches, schools and publicly-owned buildings.

         Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.
(Ord. 2015-012. Passed 2-24-14.)

         Private garages, sheds, barns or stable for livestock, or other similar accessory farm buildings, providing the accessory buildings are constructed at the same time or after the main building.

         Uses customarily incident to any of the permitted main uses, including home occupations or professional offices.

         One roadside stand for the display and sale of only those agricultural products grown or raised on the same premises, provided that the location and design and provisions for off-road parking are approved by the Planning Commission, and that the roadside stand shall be removed during seasons when it is not in use.

         Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected.

         Other uses, such as cemeteries, commercial greenhouses, private clubs, golf courses, homes for the aged, hospitals or sanitariums, except hospitals or sanitariums for contagious, mental, drug or liquor addict cases, may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if they are deemed a part of the development of the Master Plan, and a conditional use permit is issued, and subject to the conditions as may be required to preserve the character of the community.

         Recreation facilities.

   (b)   S-1 District (Suburban "1" District).

         One-family dwellings.

         Agricultural uses, such as farming, truck gardening, nurseries.

         Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Private garages, sheds or all other similar accessory farm buildings which are constructed at the same time or after the main building.

         Uses customarily incident to any of the permitted main uses, including home occupations or professional offices.

         One roadside stand for the display and sale of only those agricultural products grown or raised on the same premises, provided that the location and design and provisions for off-road parking are approved by the Commission, and that the roadside stand shall be removed during seasons when it is not in use.

         Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected.

         Other uses, such as cemeteries, commercial greenhouses, private clubs, golf courses, homes for the aged, hospitals or sanitariums, except hospitals or sanitariums for contagious, mental, drug or liquor addict cases, may also be permitted if they are deemed essential or desirable to the public convenience or welfare, if they are deemed a part of the development of the Master Plan, and a conditional use permit is issued, and subject to the conditions as may be required to preserve the character of the community. These uses are not permitted on lots of less than five acres.

         Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.

         Recreational facilities.

   (c)   R-75 District (One-Family "75" District).

         One-family dwellings.

         Agricultural uses, limited to truck gardening and nurseries.

         The sale of agricultural products is not permitted on lots of less than one acre.

         Parks and other public recreation uses.

         Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Private garages, sheds or all other similar accessory farm buildings which are constructed at the same time or after the main building.

         Accessory buildings for livestock and poultry are not permitted.

         One roadside stand is permitted but not on lots of less than one acre.

         Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected or altered.

         Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.

         Recreational facilities.

         Home professional services and home occupations.

   (d)   R-60 District (One-Family "60" District).

         One-family dwellings.

         Parks and other public recreation uses.

         Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Private garages, provided that the structure is constructed at the same time or after the main building.

         Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards, shall not be erected or altered.

         Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.

         Recreational facilities.

         Home professional services and home occupations.

   (e)   R-MF District (Multi-Family District) Condominium District.

         One-family dwellings.

         Two-family dwellings.

         Group or row houses, garden apartments (large scale developments) and condominiums.

         Such development shall be located on major thoroughfares; the design of the area shall be such that all ingress and egress shall be from a major thoroughfare; ten percent of the gross area of the development shall be devoted to a play area; and a buffer between the play area and any adjacent single-family residence shall be established and landscaped with suitable evergreen plantings.

         Parks and other public recreation uses.

         Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Private garages and storage buildings for garden equipment, etc., and such accessory buildings shall be constructed at the same time or after the main building.

         Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways, and railroad tracks and yards shall not be erected.

         Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.

         Tourist homes.

         Recreational facilities.

   (f)   R-MF-HR District (Multi-Family High-Rise District).

         Multi-family dwellings in structures over thirty-five feet in height which have elevator service.

         Public utilities, water and gas mains and conduits, telephone, telegraph, electric light and power lines if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Parks and other public recreation uses.

         Private garages and storage buildings for garden equipment, etc., and such accessory buildings shall be constructed at the same time or after the main building.

         Public service facilities such as power lines carrying more than 5,000 volts, water and gas mains if not on public highways and railroad tracks and yards, shall not be erected.

         Institutions, churches, schools and publicly-owned buildings are not permitted on lots of less than two acres.

         Recreational facilities.

      (1)   The term "dwelling" as is defined in Section 1167.15 shall apply to all uses in Chapter 1145. This definition prohibits short term rentals in any residential district and including rentals for a portion of rooms within a dwelling.

      (2)   No person or entity shall engage in conduct, be it as a rentee or renter, or solicit or advertise conduct which will violate the definition of "dwelling" in Chapter 1167 as a short term rental. Any organization that causes this violation may be prosecuted as provided by Section 501.11 of the Codified Ordinances of the City of Eastlake. Any officer, agent or employee of said organization may be prosecuted as provided by Section 501.12 of the Codified Ordinances of the City of Eastlake.

      (3)   It is prima facie evidence of a violation of this section that a residential property is offered for short term rental by way of any advertising medium including any online booking service.

      (4)   A.   Whoever violates any provision of this chapter, for which no penalty is otherwise provided, is guilty of a fourth degree misdemeanor for the first offense.

         B.   A second and subsequent violation within shall constitute a misdemeanor of the first degree.

         C.   In addition to any penalty provided by Section 501.99 of the Codified Ordinances of the City of Eastlake, an additional fine of one hundred dollars ($100.00) per every day of the violation shall be imposed.

            (Ord. 1995-102. Passed 5-9-95; Ord. 2025-036. Passed 5-13-25.)

   For every main building there shall be a lot having a minimum area or a minimum square footage of land per dwelling unit as established, a minimum average width, minimum front, rear and side yards on each side of building, and a maximum height of main and other buildings as set forth in the schedule on the following page.

SCHEDULE OF AREA, YARD AND HEIGHT REGULATIONS

(Ord. 1996-195. Passed 8-27-96.)

   (a)   The minimum area requirements of Suburban "5" and "1" Districts may be less under the following circumstances: if a plan for a new subdivision is submitted and adequate open spaces and municipal facilities, utilities and services are made available in a manner satisfactory to the Planning Commission, who may initiate any rezoning of the affected area which in their judgment is necessary or desirable.

   (b)   The front yard shall be not less than forty feet unless otherwise shown on the Zone Map, except it shall be not less than sixty feet on all lots abutting Lake Shore, Stevens and Lakeland Boulevards, Vine Street and Erie Road, and on all other proposed or existing streets, highways, thoroughfares with right-of-way width of seventy feet or more.

   (c)   The minimum lot area required for each dwelling unit of a single-family dwelling, two-family dwelling, group house or apartment varies in each residential district in accordance with the schedule.

   (d)   Side yards for group houses and apartments are established for "small scale development", comprised of one building, and for "large scale development" comprising two or more buildings not subdivided into the usual streets and lots.

      For the purpose of determining side yards, the longitudinal wall of the building containing the main entrance, shall be known as the "front wall", the opposite walls shall be known as the "rear wall". Other walls, which do not contain all the windows of a habitable room shall be known as "end walls".

(Ord. 1966-79. Passed 3-22-66; Ord. 1982-130. Passed 7-13-82.)

   (a)   The front yard requirements may be varied by not more than ten feet in either direction, i.e. from twenty to forty feet in the case of a required front yard of thirty feet, provided the average front yard for the entire frontage is not less than the minimum front yard required in the district; and

   (b)   The side yard requirements may also be varied, provided that the sum or total combined width of the two side yards of a lot is not less than that required for a lot in the district, that no side yard shall be less than three feet and that the minimum distance between the walls of buildings on adjacent lots shall not be less than six feet if two garages are opposite to each other or less than twenty feet if habitable rooms are opposite to each other.

   (d)   Within the areas hereby and hereafter zoned to Condominium Residential Use District, except as to lot area per dwelling unit, all regulations as to yard, height, setback, width and dwelling unit area requirements applicable to residential multi-family districts shall be applicable to such Condominium Residential Use Districts.

   (e)   Compliance for livable areas shall be in accordance with Chapter 1355.

   (f)   Standards for design for roads, drainage, driveways (including aprons), sidewalks and all other standards of designs are deemed by the Service Director and Fire Safety and all standards shall meet all City requirements. The applicant also shall meet all other required services of the City to coordinate input on proposed development including recreational aspects.

   (g)   The development shall have a condominium association that will be responsible for all costs pertaining to upkeep of all services required within the development including snow removal, garbage, rubbish and trash removal, open green areas and any other amenity so deemed by the Planning Commission and Council. The Law Department shall review their recommendations and any further legal documentation for necessary control.

   (h)   The City has the right to enforce all ordinances for the life, safety, health and general welfare of its residents.

(Ord. 1995-104. Passed 5-9-95.)

   (i)   Plans for every condominium development shall be submitted to the Architectural Board of Review for its approval to ensure that the development is suitable for the area.

(Ord. 1995-136. Passed 6-27-95.)

(Ord. 1992-206. Passed 11-24-92.)

   (b)    Unenclosed porches, platforms or landing places may be covered by a roof or canopy, which does not extend above the level of the first floor line of the building, may extend or project into any required front or rear yard not more than eight feet.

(Ord. 2009-062. Passed 6-9-09.)

   (a)   A sanitarium, school, hospital or similar institutional building shall be located at least 100 feet from the side lot lines.

   (b)   A church, library, museum or similar institution shall be located at least fifty feet from the side lot lines.

   (c)   A home for the aged shall be located at least twenty-five feet from the side lot lines.

   (d)   A building intended for use as a municipal hall, fire station, police station and recreation center shall be located at least twenty-five feet from the side lot lines.

(Ord. 2009-003. Passed 1-13-09.)

   (a)   In suburban districts, an accessory building shall be located not less than 100 feet from the front lot line nor less than twenty-five feet from any other lot line, except accessory living quarters and garages may be located at the front setback line and at the side yard line established for main buildings.

   (b)   In one-family and multi-family districts, an accessory building shall be located not less than seventy feet from the front lot line, except accessory living quarters and garages may be located at the front setback line.

   (c)   In any residential district, an accessory building located at the side of a main building shall be not less than five feet from the main building and not nearer to the side lot line than the width of the required side yard for a main building.

   (d)   In any residential district a private garage may be located in the required front yard of a lot having an excessive slope, provided every portion of the garage building is at least five feet from the front lot line and approval is had from the Planning Commission.

   (e)   On lots of insufficient depth to permit the location of an accessory building at least 100 feet from the front lot line in the suburban districts and at least seventy-five feet from the front lot line in the one-family districts, the accessory building may be nearer to the front lot line than those distances if situated entirely on the rear one-half of the lot and all other regulations of this Zoning Code are complied with.

   (f)   In all districts, a private detached garage shall be located not less than three feet from a side or rear lot line.

   (g)   In the case of an adjacent accessory building located on a separate parcel of land, a distance of six feet shall be maintained between them.

   (a)   To provide sufficient but not excessive land area for the business and commercial needs of the City;

   (b)   To foster the continuation of existing business establishments, to provide appropriate space for their expansion and for development of new business establishments, all in conformity to recognized and reasonable standards in order to ensure compatibility with residential areas of the City;

   (c)   To encourage the tendency of businesses to group in centers for the mutual advantage of customers and business establishments;

   (d)   To prohibit business and commercial development which would create detrimental or blighting influences upon the premises or which would be incompatible with or impair the enjoyment of the neighboring premises;

   (e)   To insure the availability of suitable areas for business and commercial uses by discouraging unrelated uses in such areas;

   (f)   To protect permitted development from congestion by requiring setbacks and limiting the bulk and density of development in relation to adjacent buildings and available land and by requiring sufficient off-street parking and loading facilities;

   (g)   To create a concentrated shopping environment in the B-l District that encourages shoppers to visit more than one store on a single trip.

   (h)   To accommodate a wide range of business activities, along with outdoor storage and display, in the B-2 District which shall be located so as not to disrupt concentrated shopping areas and intrude upon residential areas; and

   (i)   To provide an environment exclusively for and conducive to the development of local and regional offices along certain major streets in the B-3 District.

 

 

 

      (1)   Off-street parking and loading areas, as regulated in Chapter 1155;

      (2)   Storage sheds;

      (3)   Trash and recycling receptacles, as regulated in Section 1147.08(b);

      (4)   Signs, as regulated in Chapter 1347; and

      (5)   Other similar uses provided that any accessory use conforms to the following standards:

         A.   It is customarily accessory and clearly incidental and subordinate to the permitted principal or conditional use;

         B.   It does not involve the conduct of a trade or business except one related to and in furtherance of the permitted principal or conditional use and does not involve operations not in keeping with the character of the districts;

         C.   It is located on the same zoning lot as the permitted principal or conditional use; and

         D.   It is not likely to be a generator of a significant numbers of visitors independently to the permitted principal or conditional use.

   (f)   Used automobile sales are only permitted as a conditional use for existing used automobile uses as of January 1, 1996 where the existing use proposes to expand to immediately adjacent properties and upon such condition as may be imposed as a conditonal use pursuant to Section 1147.10.

(Ord. 1997-167. Passed 12-9-97; Ord. 2018-058. Passed 6-26-18; Ord. 2019-028. Passed 3-26-19; Ord. 2025-037. Passed 5-13-25.)

 

 

 

   (b)   Supplemental Setbacks. When a lot in a B-1, B-2 or B-3 District abuts a residential district along a side or rear lot line, the minimum side or rear yard specified in Schedule 1147.04 shall be increased as follows:

      (1)   When the height of the building on such commercially zoned lot exceeds thirty-five feet, the minimum side and rear yard shall be increased one foot for each foot of height exceeding thirty-five feet; and

      (2)   When the length of the building on such commercially zoned lot exceeds seventy feet, the minimum side or rear yard, whichever is adjacent to the wall which exceeds seventy feet, shall be increased by one-half foot for each foot of length of the wall exceeding seventy feet; provided that, in no case shall the minimum required side or rear yard exceed 120 feet in depth.

      (3)   When the adjacent residential lot is occupied by existing institutions, churches, schools, public buildings or related non-residential uses, the increase in the side or rear yard setback described in paragraph (2) above shall not apply and the setback requirements per Schedule 1147.04 shall be utilized.

   In cases where this exception is allowed, such side or rear yard shall be planted to a width of not less than ten feet with trees and shrubs in such a manner as to reasonably screen the business lot and buildings from the residential district. The trees and shrubs provided shall be a mix of evergreens and deciduous varieties to provide year round screening.

(Ord. 2009-122. Passed 10-27-09.)

      (1)   Screening shall consist of one or a combination of the following:

         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorative fence, or louvered fence.

         C.   A landscaped mound or berm.

      (2)   The height of screening shall be in accordance with the following:

         A.   Visual screening walls, fences, or mounds and fences in combination shall have a minimum height of five feet in order to accomplish the desired screening effect.

         B.   Vegetation shall be planted with such minimum height to assure that the required five feet screening shall be achieved not later than twelve months after the initial installation.

      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

      (4)   The required landscaping shall be maintained in healthy condition by the current owner and replace when necessary. Replacement material shall conform to the original intent of the landscape plan.

 

 

      (1)   An accessory use customarily incident to the permitted principal or conditional use shall be permitted in business districts only upon the same   lot with the permitted principal or conditional use.

      (2)   Any accessory building shall comply with the minimum front, side and rear yard setbacks for main buildings as set forth in Schedule 1147.04.

(Ord. 1996-017. Passed 2-12-96; Ord. 2022-073. Passed 9-13-22.)

   In addition to the above regulations, certain permitted uses in the B-2 District shall comply with the following standards:

   (a)   Gasoline Stations.

      (1)   Gasoline stations located on a corner lot shall have not less than 150 feet of frontage on each of the two intersecting streets.

      (2)   Fuel pumps may be erected in a front yard but not less than thirty feet from the street right-of-way; pavement in association with a gasoline pump shall be located no less than twenty feet from the street right-of-way. The resulting open space shall be landscaped and maintained in satisfactory condition and, except for entrance and exit drives and permitted signs, shall not be used for any other purpose.

      (3)   A canopy may be constructed over the pump island provided the canopy shall be no closer than fifteen feet to the right-of-way.

      (4)   The only services permitted to be performed on a vehicle shall be limited to the dispensing of fuel, oil, air and windshield wiper fluid, and other similar minor activities.

      (5)   The location, display or storage of rental trailers, automobiles, trucks or other rental equipment on the premises is not permitted unless in full compliance with the standards for such uses.

      (6)   A gasoline station may be combined with a car wash or auto service garage provided that such dual use is in compliance with the regulations established for each use.

   (b)   Service Garages, Car Wash.

      (1)   An auto service garage or a car wash may be combined with a gasoline station provided the regulations for each use are maintained.

      (2)   If adjacent to any residential district, the hours of operation shall be between 7:00 a.m. and 10:00 p.m.

      (3)   Lighting that creates a glare on any street or on any adjacent residential property shall not be permitted.

      (4)   The sale or rental of recreational vehicles or utility trailers shall be prohibited.

   (c)   Drive-Thru Facilities. 

      (1)   The location of access drives shall be evaluated according to Section 1155.09.

      (2)   The minimum number of off-street waiting spaces shall be in compliance with Section 1155.07. 

      (3)   The Planning Commission may impose restrictions on the hours of operation to assure that the business operates in a manner similar to the prevailing characteristics of other businesses in the vicinity.

(Ord. 1996-017. Passed 2-12-96.)

         (Ord. 2008-041. Passed 6-24-08.)

         Basic and applied research laboratories.

         Experimental or testing laboratories.

         Industrial and manufacturing establishments which conform to the regulations enumerated in other sections of this chapter.

         Public utilities, water and gas mains and conduits, telephone,

            telegraph, electric light and power lines, if carrying less than 5,000 volts are permitted on public highways or easements along lot lines of a subdivision.

         Similar uses.

         Garage for the storage of motor vehicles.

         Sufficient parking area shall be provided for employees and

            visitors according to the provisions of this Zoning Code.

         Restaurant or cafeteria if operated in conjunction with any of

            the enumerated main uses.

         Office facilities, which may include a secretarial or stenographic

            "pool" for the benefit of all the main uses permitted in any Industrial Park District.

         Other buildings or uses necessary for the carrying out of

            permissible purposes in an Industrial Park District.

         Public service facilities such as power lines carrying more than

            5,000 volts, water and gas mains if not on public highways and railroad tracks and yards, shall not be erected, altered, repaired or used unless the location is found to be not detrimental to residential developments or will not interfere with the layout of future subdivisions, and a conditional use permit is obtained.

         Must be in compliance with Chapter 1161.

         All agricultural uses.

         Commercial laundries, dry cleaning and dyeing processing plants.

         Ice stations and manufacturing plants.

         Printing shops.

         Experimental and research laboratories.

         Radio and television stations.

         Telephone exchange.

         Transformer stations.

         Veterinary hospitals and kennels.

         Business offices and services of all types.

         Outdoor theaters, amusement parks, bowling alleys, or any other

            amusement, sport or recreational enterprises that do not qualify with General Business District requirements.

         Additional business services and semi-industrial buildings

            and uses as follows:

            Wholesale trade establishments.

            Warehouse for storage and distribution except flammable

               and explosive materials.

            Cold storage plants.

            Creameries.

            Bottling works.

            Lumber yards.

            Woodworking shops.

            Monument works.

            Blacksmith shops.

            Garages engaged in body repair and paint spray operations.

            Machine shops and other light manufacturing or industrial

               enterprises, operations or processes of a character, extent and hazard similar to those specified above, provided that all resulting cinders, dust, fumes, gases, water-carried waste, odors, refuse matter, smoke, and vapor are effectively confined to the premises or disposed of in a manner which will not create a nuisance, and provided further that noise and vibrations are effectively controlled.

            Public service facilities.

            Similar uses.

         Those customarily incident to any of the above uses and accessory

            buildings when located on the same premises.

         Must be in compliance with Chapter 1161.

   (c)   M-3 (General Industrial District)

      (1)   Permitted uses.

         Commercial laundries, dry cleaning and dyeing processing plants.

         Ice stations and manufacturing plants.

         Printing shops.

         Experimental and research laboratories.

         Radio and television stations

         Telephone exchanges.

         Transformer stations.

         Additional business, services, and semi-industrial buildings and

            uses as follows:

            Wholesale trade establishments.

            Warehouses incidental to the main use for storage and

               distribution.

            Cold storage plants.

            Bottling works.

            Lumber yards.

            Woodworking shops.

            Monument works.

            Garages engaged in body repair and paid spray operations.

                         Machine shops and other light manufacturing or industrial enterprises.

                          operating or processing of a character, extent and hazard similar to those specified above, provided that all resulting cinders, dust, fumes, gases, water-carried waste, odors, refuse matter, smoke and vapor are effectively confined to the premises or disposed of in a manner which will not create a nuisance, and provided further that noise and vibrations are effectively controlled.

                         Secondhand lumber yards and open yards establishments where such

            uses are located not less than sixty feet from any public thoroughfare, public land or residential district, and if all operations and materials are screened on all sides with a fence at least ten feet high and if approved by the Planning Commission.

                          Public service facilities.

    Similar uses.

                Business offices and services of all types.

         Any use customarily incident to any of the permitted main uses.

         Must be in compliance with Chapter 1161.

         (Ord. 2008-040. Passed 5-27-08.)

   (a)   Residential buildings, tourist homes, boarding houses, educational and institutional buildings, provided, however, that residential buildings existing as of December 20, 1955, which are owner occupied may be remodeled and maintained by construction of garages incidental thereto.

   (b)   The slaughtering of animals, processing of meats, manufacture of fats and tallow, tanning of hides, manufacturing of fertilizer, incineration of dead animals or refuse.

   (c)   The manufacturing and refining of petroleum or coal products.

   (d)   The smelting, reduction or refining of metals.

   (e)   The manufacturing of explosives or chemical products that emit noxious fumes that are injurious to health and vegetation or offensive to and injurious to residential districts.

   (f)   Junk yards, auto wrecking yards and storage of paper, rags and containers.

   (g)   Any other trade, industry or use that will be injurious, hazardous, noxious or offensive to an extent equal to or greater than any of the enterprises enumerated above in subsections (b) to (f) inclusive.

   (h)   Where a residential use exists on a parcel of property where the zoning has changed to make such residential use nonconforming, no other structure may be constructed on said property for a nonresidential use. If a preexisting residential structure is to be used for purposes other than residential use, the structure must meet all Ohio Basic Building Code requirements as well as all requirements of the City. If the structure does not or cannot meet all Ohio Basic Building Code requirements for the proposed nonresidential use, said structure must be razed prior to any business being established.

   (a)   No building shall be erected, altered, moved, maintained or reconstructed on a lot containing less than three acres, or on a lot having a width at the building line of less than 150 feet.

   (b)   No building shall be erected, altered, moved, maintained or reconstructed nearer than seventy-five feet to the front lot line. Except for necessary drives and walks, a front yard shall be planted in grass or other suitable ground cover, including flowers, ornamental shrubs and trees.

   (c)   All buildings erected, altered, moved, maintained or constructed, shall have a total side yard requirement of fifty feet with a minimum of fifteen feet set back from the lot line. Each side yard shall comply with the planting requirements of a front yard. On a corner lot, the side yard adjacent to a street shall be subject to all regulations governing a front yard.

   (d)   No building shall be erected, altered, moved, maintained or reconstructed nearer than fifty feet to the rear lot line.

   (e)   When a side or rear yard of a lot used for industrial purposes adjoins a residential district, such side or rear yard shall be at least 100 feet in width or depth, and the strip of land nearest the lot line of such side or rear yard shall be planted to a width of twenty feet with trees and shrubs in such a manner as reasonably to screen the industrial lot and buildings from the residential district. With the exception of the twenty foot area, the side or rear yard may be used for parking motor vehicles.

   (f)   Parking and loading areas may be placed in a side or rear yard, except that on a corner lot they shall not be placed in the side yard adjacent to a street, provided such areas are not nearer than twenty-five feet to a side or rear lot line and not nearer than 100 feet to such lot line if such side or rear yard adjoins a residential district, and provided further that sufficient screening by shrubbery, trees or other means is provided so that no vehicle can be seen from any street. No loading docks are allowed in front of a building.

   (g)   Not more than thirty-five percent of a lot may be covered by buildings.

   (h)   Buildings constructed, erected, altered, moved or maintained in this District shall be limited to two stories and thirty-five feet from the front land grade.

   (i)   Chimneys, flagpoles, towers, water tanks, stacks, vents and other mechanical appurtenances to a building for industrial purposes shall be constructed as an integral part of such building, and may exceed the maximum allowable building height, but in no case shall exceed 100 feet in height above the established grade. Such appurtenances shall be so designed and arranged as to minimize their visibility from the lot lines, and especially from the front lot line. In hardship cases, the foregoing building appurtenances may be constructed outside of the limits of the major building providing application is made to the Planning Commission and the Commission specifically approves the removed appurtenances.

   (j)   When not otherwise provided in these regulations, buildings shall be erected, constructed, altered, maintained or reconstructed and buildings and lands used in accordance with the standards set forth in Chapters 1111, 1113, 1115, 1117, 1119, 1121 and 1123.

      As a result of the construction of State Route 2 properties fronting and abutting on Lakeland Boulevard have irregular depths. The following specific front yard regulations are established for all lots and lands abutting on Lakeland Boulevard so as to provide for the orderly and efficient development of Lakeland Boulevard:

      (1)   From Willoughby City-Eastlake City Corporation line to Permanent Parcel No. 34-4-9, as shown on Lake County Auditor's Tax Map, front yards shall be not less than sixty feet.

      (2)   From the east line of Permanent Parcel No. 34-4-8 to the west line of Permanent Parcel No. 34-4-8, front yards shall be not less than sixty feet.

      (3)   From the east line of Permanent Parcel No. 34-4-7 to the west line of Permanent Parcel No. 34-4-7, front yards shall be not less than sixty feet.

      (4)   From the east line of Permanent Parcel No. 34-4-6 to the west line of Permanent Parcel No. 34-4-6, front yards shall be not less than seventy-five feet.

      (5)   From the east line of Permament Parcel No. 34-4-5 to the west line of Permanent Parcel No. 34-4-27, front yards shall be not less than seventy-five feet.

      (6)   From the east line of Permanent Parcel No. 34-4-4 to the west line of Permanent Parcel No. 34-4-4, front yards shall be not less than ninety feet.

      (7)   From the east line of Permanent Parcel No. 34-4-3 to the west line of Permanent Parcel No. 34-4-3, front yards shall be not less than ninety feet.

      (8)   All other lots and lands fronting and abutting on Lakeland Boulevard shall have a minimum front yard of 125 feet.

      The front twenty feet of the minimum front yards established on Lakeland Boulevard shall be used for no purpose other than landscaping.

      In the event that front yard parking is established on Lakeland Boulevard, the parking area shall be constructed and maintained a minimum of twenty feet from the right-of-way line, and ingress and egress ways shall be provided so as to insure that all motor vehicles leaving the property shall head out into Lakeland Boulevard.

   (a)   All industrial operations shall be carried on only in buildings meeting the design and construction requirements for fireproof buildings established by the Ohio Building Code. The front of the building shall be masonry or equivalent.

   (b)   All noise of whatever nature shall be confined to the premises on which the industrial operation is located.

   (c)   There shall be no smoke emitted from any industrial operation. Visible gray smoke arising from heating or other nonindustrial operation shall not be a shade darker than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, herein adopted as a standard.

   (d)   There shall be no emission from an industrial operation of odorous gases or other odorous matter in such quantities as to be offensive at any property line of the lot on which the industrial operation is located, or at any point beyond such property line.

   (e)   There shall be no emission from an industrial operation which may cause any excessive soiling at any point, and in no event shall there be any emission, from any chimney or otherwise, of any solid or liquid particles in concentration exceeding .015 grains per cubic foot of the conveying gas or air at any point. No emission shall contain abnormally radioactive material. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and fifty percent excess air.

   (f)   Any industrial operation which requires floodlighting or produces glare, such as welding or some other high temperature process, shall be so protected that no glare,either direct or sky-reflected, will be visible from any property line of the lot on which the industrial operation is located.

   (g)   No equipment shall be used in any industrial operation in such a manner as to adversely affect, at any point beyond any property line of the lot on which the industrial operation is located, the operation or use of radio, television or other equipment.

   (h)   The regular use of explosives in an unsheltered area is not permitted. The storage of explosives not required for immediate operations is prohibited.

   (i)   The storage of equipment, raw materials, liquids, scrap and material and waste material is not permitted in the required front yard.

   (j)   Treatment and disposal of sewage and industrial waste shall be in accordance with the requirements of the Board of Health and the Ohio Director of Environmental Protection. Waste material shall be stored so that it shall not be conducive to the breeding of rodents and insects. No burning is permitted.

   (k)   Toxic materials shall be so stored, handled and processed that in the event of any accident, such as an explosion or other unforeseen circumstance, the material will not be airborne in toxic concentrations beyond the property lines of the lot on which such industrial operation is located.

   (a)   All industrial operations shall be carried on only in buildings meeting the design and construction requirements for fireproof buildings established by the Ohio Building Code. The front of the building must be masonry or equivalent.

   (b)   No emission is permitted at any point, from a chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 3 on the Standard Ringlemann Chart as issued by the United States Bureau of Mines, except that visible grey smoke of a shade equal to No. 3 on the Chart may be emitted for ten minutes in any hour and except that visible grey smoke of a shade equal to No. 4 on the Chart may be emitted for four minutes in any hour if any one of the following conditions exist:

      (1)   Breakdown of equipment;

      (2)   Starting new fires;

      (3)   Clean-up time.

      These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color, but with an apparently equivalent opacity.

   (c)   There shall be no emission from an industrial operation of odorous gases or other odorous matter in such quantities as to be offensive at any property line of the lot on which the industrial operation is located or at any point beyond such property line.

   (d)   There shall be no emission from an industrial operation which can cause any excessive soiling at any point, and in no event shall there be any emission, from any chimney or otherwise, of any solid or liquid particles in concentration exceeding .015 grams per cubic foot of the conveying gas or air at any point. No emission shall contain abnormally radioactive material. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and fifty percent excess air.

   (e)   No equipment shall be used in any industrial operation in such manner as to adversely affect, at any point beyond any property line of the lot on which such industrial operation is located, the operation or use of radio, television or other equipment.

   (f)   The regular use of explosives in an unsheltered area is not permitted. The storage of explosives not required for immediate operation is prohibited.

   (g)   The storage of equipment, raw materials, liquids, scrap and materials and waste material is not permitted in the required front yard.

   (h)   Treatment and disposal of sewage and industrial waste shall be in accordance with the requirements of the Board of Health and the Ohio Director of Environmental Protection. Waste material shall be stored so that it shall not be conducive to the breeding of rodents and insects. No burning is permitted.

   (i)   Toxic materials shall be so stored, handled and processed that in the event of any accident, such as an explosion or other unforeseen circumstances, the material will not be airborne in toxic concentrations beyond the property lines of the lot on which the industrial operation is located.

      (1)   Provide minimum of one water closet, one urinal and one wash stand for men, and one water closet and one wash stand for women for each ten docks; provide one extra urinal and washstand for men and one extra water closet and washstand for women, up to and including fifty boat spaces; provide one shower for men and one for women up to and including fifty boat spaces, and one extra shower for men and women for each additional fifty boat spaces or fraction thereof.

      (2)   Each toilet room shall have a clear designation on the exterior thereof as to the sex for which the room is provided.

      (3)   Walls of building to be masonry, floor to be concrete.

      (4)   Where sanitary facilities or septic tanks are not available, portable sanitary facilities may be used with approval from the Chief Building Official and the approval of the Lake County Health Department. Showers are not permitted if sanitary sewers or septic tanks are not available.

Ord. 1991-088. Passed 4-23-91.)

   (l)   Conditional use permit. A conditional use permit is required for fuel tank installations.
(Ord. 2011-054. Passed 4-26-11.)

   (a)   If conforming, the Public Safety Director shall issue the permit.

   (b)   If nonconforming, and upon the Public Safety Director's refusal, Council may issue a temporary permit and specify the conditions and time in which to conform.

   (a)   To encourage high quality commercial and residential development which support and complement the existing marina and water related recreational activities;

   (b)   To encourage a mix of appropriate commercial and residential development along Lake Shore Boulevard in accordance with the Comprehensive Plan; and

   (c)   To achieve development standards which reinforce Lake Shore Boulevard as a scenic corridor. (Ord. 1996-021. Passed 2-12-96.)

      (2)   Any marina-related commercial activities not already permitted in the B-l

         District, such as boat sales, rental and repairs, provided that outdoor storage or display and sales of inventory, equipment, and/or vehicles (except accessory off-street parking) is prohibited;

      (3)   Townhouses;

      (4)   Trailer parlors, existing at the time of the adoption of this Zoning Code, which shall be developed, used and occupied subject to the regulations of Section 1151.12. No new trailer parks shall be permitted.

      (1)   Yards and parking setbacks on lots in the LS-D District containing commercial uses shall comply with the requirements of Section 1147.04, except that the minimum front parking setback of lots with frontage on Lake Shore Boulevard shall be forty feet.

      (2)   Yards on lots in the LS-D District containing multi-family residences shall comply with the requirements of Sections 1145.03 and 1145.04 for an R-MF District except that the minimum front parking setback of lots with frontage on Lake Shore Boulevard shall be forty feet.

      (1)   Screening shall consist of one or a combination of the following:

         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.

         B.   A nonliving opaque structure such as a solid masonry wall, solidly constructed decorative fence, or louvered fence.

         C.   A landscaped mound or berm.

      (2)   The height of screening shall be in accordance with the following:

         A.   Visual screening walls, fences, or mounds and fences in combination shall have a minimum height of five feet in order to accomplish the desired screening effect.

         B.   Vegetation shall be planted with such minimum height to assure that the required five feet screening effect shall be achieved not later than twelve months after the initial installation.

      (3)   All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

      (4)   The required landscaping shall be maintained in healthy condition by the

         current owner or property owners' association, and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.

      (1)   The height of buildings and structures in the LS-D District shall comply with Schedule 1151.11(g).

 

 

      (2)   The height of chimneys, church spires, ornamental towers, flagpoles, antennas, aerials, water tanks, street lighting and other permitted mechanical appurtenances are limited to a height not exceeding seventy-five feet above the finished grade nor more than ten feet above the roof of the building, whichever is greater. (Ord. 1996-021. Passed 2-12-96.)