Eastlake City Zoning Code
TITLE NINE
General Zoning Regulations
1153.01 NONCONFORMING BUILDINGS.
A building or structure existing at the time this Zoning Ordinance became effective, which does not conform to the use, area, yard or height regulations of the district in which it is located, may be maintained and repaired, except as otherwise provided in this chapter.
(Ord. 1982-133. Passed 7-13-82.)
(a) Additions and Enlargements. Upon written request filed with the Chief Building Official, a nonconforming building, structure or accessory building may be altered, added to or enlarged, with the Planning Commission approval, in the manner as set forth herein:
(1) The alteration, addition, or enlargement of the nonconforming building, structure or accessory building shall be designed and constructed with due consideration for the existing setbacks in the surrounding structures;
(2) The written request shall include a current site plan with a brief description and use of the newly proposed project.
(3) After approval by the Planning Commission, review by the Architectural Board of Review shall be required. The alteration, addition or enlargement of the nonconforming building, structure or accessory building shall be designed and constructed with due consideration for the structures existing or permitted within the zoning district.
(4) The Architectural Board of Review shall not be required for one, two or three family residential structures.
(Ord. 2006-121. Passed 11-28-06.)
(5) Upon approval of the Chief Building Official the applicant of a nonconforming structure is exempt from the Planning Commission's approval provided that the applicant's project does not extend into the existing side or rear setbacks.
(Ord. 2011-168. Passed 12-27-11.)
Upon submission to the Chief Building Official and approval by the Planning Commission and the Architectural Board of Review, the Chief Building Official shall determine the necessity of further review by the Building Department, Board of Zoning Appeals, and City Engineer.
This approval is for the basic location of the new structure to be altered, added to or enlarged and does not pertain to the type, size or height of the structure.
(Ord. 2006-121. Passed 11-28-06.)
(b) Moving. A nonconforming building, structure or accessory building shall not be moved in whole or in part to any other location on the lot or other premises unless every portion of the building or structure which is moved is made to conform to all the regulations of the district in which it is to be located.
(c) Restoration of Damaged Buildings. A nonconforming building, structure or accessory building which is not more than fifty percent damaged or partially destroyed by whatever cause, including acts of God but not including acts of malicious mischief or vandalism, may be restored and the occupancy or use of such building, structure or accessory building which existed at the time of the partial destruction, may be continued or resumed, provided the restoration does not exceed the size of the original building, structure or accessory building, and that the restoration is started within a period of one year and is diligently prosecuted to completion. In the event the damage or destruction exceeds fifty percent of the nonconforming building, structure or accessory building, no repairs or reconstruction shall be made unless every portion of the building, structure or accessory building is made to conform to all regulations for new buildings in the district in which it is located.
(d) Abandonment of Buildings, Structures and Accessory Buildings. A nonconforming building, structure or accessory building, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(Ord. 1982-133. Passed 7-13-82.)
1153.02 NONCONFORMING USE OF CONFORMING BUILDINGS.
The nonconforming use of a building, structure or accessory building, otherwise conforming to the area, yard and height regulations, and existing at the time this Zoning Ordinance became effective, may be continued, except as otherwise provided in this chapter.
(a) Change of Use. The nonconforming use within a building, structure or accessory building may not be changed in any manner except to a more restricted use classification.
(b) Upon written request filed with the Chief Building Official, a nonconforming use within a building, structure or accessory building may be altered, added to or enlarged, with the Planning Commission approval, in the manner set forth herein. After approval by the Planning Commission, review by the Architectural Board of Review shall be required:
(1) The alteration, addition or enlargement of the nonconforming use within a building, structure or accessory building shall generate only a minimum of additional traffic and will not discourage or interfere with the appropriate development or impair the value of the surrounding conforming district.
(2) The written request shall include a current site plan with a brief description and use of the nonconforming use to be altered, added to or enlarged.
(c) Discontinuance of Use. If a nonconforming use within a building, structure or accessory building or portion thereof is discontinued for a period of one year or changed to a conforming use, any further use of the building, structure or accessory building or portion thereof shall be in conformity with the regulations of the district in which such buildings are located.
(Ord. 2006-122. Passed 11-28-06.)
1153.03 NONCONFORMING USE OF LAND.
The nonconforming use of land, where no building or structure is involved, existing at the time this Zoning Ordinance became effective, may be continued for a period of not more than two years from the effective date and shall not be expanded or extended in any way either on the same or adjoining property or changed except to a conforming use.
(Ord. 1966-79. Passed 3-22-66.)
1153.04 NONCONFORMING USE DUE TO RECLASSIFICATION.
The foregoing provisions of this chapter shall also apply to buildings, land or uses which hereafter became nonconforming due to any reclassification of districts under this Zoning Code; provided, however, that where a period of years is specified in this chapter for the discontinuance of nonconforming buildings or uses, such period shall be computed from the date of the reclassification or change.
(Ord. 1966-79. Passed 3-22-66.)
1153.05 NONCONFORMING USES IN A B-1 DISTRICT.
A use in a B-1 District, existing at the time this zoning amendment became effective, and which would otherwise become a nonconforming use as a result of this amendment, shall be considered a conforming use for the purpose of this section and shall not be subject to the regulations and restrictions set forth in Section 1153.02. Such nonconforming use shall be permitted to expand according to the following:
(a) The floor area of a conforming building and parking access areas shall be permitted to expand provided such expansion complies with all development stands set forth in Chapter 1147 for the B-1 District.
(b) In the case of a nonconforming use occupying a nonconforming building or occupying a lot which has nonconforming site conditions, such building or site condition shall be permitted to expand only when such expansion conforms to the area, yard and height regulations set forth in Chapter 1147 for the B-1 District.
(c) Such nonconforming rights, pursuant to this section, shall not apply to any expanded, enlarged or increased land area which occurs subsequent to the adoption of this amendment through the purchase or lease of adjacent land or through any other mechanism.
(Ord. 1996-022. Passed 2-12-96.)
1155.01 OFF-STREET PARKING REGULATIONS FOR ALL DISTRICTS.
There shall be provided at the time of erection of any main building, or when it is altered, enlarged or increased in capacity by adding dwelling units, floor area or seats, or upon a change of use, minimum off-street automobile storage space in garages or parking areas with adequate provisions for ingress and egress, and such space shall thereafter be maintained. Any off-street storage space maintained in connection with any building on or after the effective date of this Zoning Code shall thereafter be maintained to the extent required so long as the main use of the building remains, unless an equivalent number of such spaces is provided in another location.
(Ord. 2014-009. Passed 3-11-14.)
(Ord. 2014-009. Passed 3-11-14.)
1155.02 DETERMINATION OF REQUIRED OFF-STREET PARKING SPACES.
(a) Floor Area. The floor area for merchandising, service, amusement, assembly places or similar types of uses, shall be the total floor area used, or intended to be used, for service to the public as customers, patrons, clients, patients or as tenants and includes areas occupied by fixtures and equipment used for display or sale of merchandise. The floor area for business and professional offices, clients, manufacturing, etc., shall be the gross floor area of the building occupied.
(b) Seat. A seat shall be the number of seats installed or indicated, or each twenty lineal inches of benches, pews or space for loose chairs or similar seating facilities.
(c) Fractional Space. When determining the number of required parking spaces based on Schedule 1155.03, fractional numbers shall be increased to the next whole number.
(d) Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on any two successive shifts.
(e) Mixed Uses. The parking spaces required for mixed uses shall be the sum of the parking required for each use considered separately except for reductions otherwise provided in this Code.
(Ord. 2014-009. Passed 3-11-14.)
(Ord. 2014-009. Passed 3-11-14.)
1155.03 NUMBER OF OFF-STREET PARKING SPACES REQUIRED.
The number of off-street parking spaces for each facility or use shall be determined by application of Schedule 1155.03. For a use not specified, the Planning Commission shall apply the standard for a specified use which the Commission determines to be most similar to the proposed use.
OFF-STREET PARKING SPACES
Main Building or Use | Minimum Spaces Required |
(a) Residential Uses. | |
(1) One-family dwelling | 2 spaces, both of which shall be enclosed |
(2) Two-family dwelling | 2 spaces per dwelling, one of which shall be enclosed |
A. The spaces required by (a)(1) and (2) of this section shall be enclosed in a garage. However, the garage may be reduced to a one car garage: | |
1. When the size of the two-car garage exceeds the allowable rear coverage for an accessory building or where an existing lot(s) or structure(s) is not currently served by a garage. | |
2. On odd-shaped lot or irregular lot, where an enclosed garage will not fit on the lot in accordance with this code and provided that all setback and building spacing requirements are in compliance with the main building as set forth in this and all other building codes, the Board of Zoning Appeals, in accordance with Section 1163.07 may allow a variance to a single space unenclosed carport to be installed in place of the enclosed garage. | |
3. Any such carport may be approved by the Chief Building Official if the following items are complied with: | |
a. The carport shall be a minimum of three (3) feet from the side or rear property line; | |
b. The carport shall not be in front of any habitable space; | |
c. The carport shall not be in front of or below the main building; | |
d. The carport shall be constructed in a permanent manor; | |
e. The roof line of the carport shall not exceed the height of the second floor line of the dwelling; | |
f. The carport including all supports, roof, and fascia shall match the same construction as the main building; | |
g. The carport shall be a maximum of 10 feet wide by 20 feet long in size, in no case shall be permitted to exceed the length of the main building; | |
h. A concrete base shall be installed for the entire area of the carport, asphalt or gravel shall not be permitted; | |
i. Storage of any kind shall not be permitted in or around the carport; | |
Main Building or Use (Cont.) | Minimum Spaces Required (Cont.) |
(b) Office, Professional Service Uses. | |
(1) Business, professional and administrative offices (excluding medical and dental), financial establishments. | l space per 300 sq. ft. of gross floor area. |
(2) Clinic, health center, medical and dental offices. | l space per 150 sq. ft. of gross floor area. |
(3) Mortuary, funeral home | 1 space per 50 sq. ft. of assembly rooms. |
(4) Hospital | 1 space for every 2 beds. |
(c) Retail/Service Uses. | |
(1) Retail or business use unless specific standard given below. | 1 space per 200 sq. ft. of floor area. |
(2) Furniture and appliance, nursery and garden supply. | 1 space per 400 sq. ft. of floor area. |
(3) Restaurants, table service; bars; taverns; night clubs. | 1 space per 50 sq. ft. of floor area or l space for every 3 seats, whichever is greater. |
(4) Restaurants, counter service when located in a shopping center. | 10 spaces, or 1 space per 50 sq. ft. of floor center area, whichever is greater. |
(5) Restaurants, counter service when located as the only use in a free-standing building. | 20 spaces or l space per 50 sq. ft. of floor whichever is greater. |
(6) Hotels and motels | 10 spaces plus l space per sleeping room or suite. |
(7) Tourist home | 2 spaces, both of which shall be enclosed, and 1 space per guest room. |
(d) Automotive Uses. | |
(1) Gasoline station | l space per employee. |
(2) Car wash facility | l space per employee. |
(3) Service garage | 2 spaces per service bay plus l space per employee. |
Main Building or Use (Cont.) | Minimum Spaces Required (Cont.) |
(e) Commercial Entertainment/Recreation Uses. | |
(1) Bowling alley | 4 spaces per lane. |
(2) Dance hall, skating rink, lodge hall, assembly hall. | 1 space per 100 sq. ft. of floor area. |
(3) Theater, arena, stadium or other auditorium. | 1 space per every 5 seats. |
(4) Indoor or outdoor swimming pool, public or private. | l space per 50 sq. ft. of active recreation area including water, deck and bathhouse. |
(5) Tennis court | 4 spaces per court. |
(6) Health, fitness, recreation club. | 1 space per 200 sq. ft. of exercise area, locker room and equipment room. |
(f) General Commercial and Industrial Uses. | |
(1) Printing, storage, warehousing of goods, wholesale marketing and distribution of goods, wholesale bakery, machine shop. | 1 space per 800 sq. ft. of gross floor area or 1space per employee +20% with the remainder land banked per Section 1155.031. |
(2) Laboratories | 1 space per 400 sq. ft. of gross floor area or 1 space per employee + 40% with the remainder land banked per Section 1155.031. |
(3) All other types of industrial uses in any Industrial District. | 1 space per 400 sq. ft. of gross floor area or 1 space per employee + 40% with the remainder and banked per Section 1155.031. |
(g) Educational Facilities. | |
(1) Junior high schools, elementary schools and kindergartens. | 2 spaces per classroom plus 1 space for every 5 seats in assembly halls. |
(2) High schools | 2 spaces per classroom plus 1 space for every 5 seats in assembly halls and gymnasiums. |
(3) Child day care center, nursery school and similar uses. | 1 space per staff person or employee. |
(h) Community Facilities. | |
(1) Religious facilities | 1 space per every 4 seats. |
(2) Library, museum, municipal recreation building. | 1 space per 300 sq. ft. of floor area or 1 space for every 4 seats, whichever is greater. |
(Ord. 2014-009. Passed 3-11-14; Ord. 2020-026. Passed 3-10-20.)
1155.031 LAND BANKING OF REQUIRED PARKING.
(a) Reduction in the number of parking spaces required to be constructed per Schedule 1155.03 may be authorized by the Planning Commission when the applicant shows that the required number of parking spaces set forth in Schedule 1155.03 is substantially in excess of the parking needed to reasonably serve the employees, patrons, and other persons frequenting the subject property.
(b) The site plan shall indicate how the additional number of spaces otherwise required could subsequently be provided on the site.
(1) The additional parking area shall be designed to comply with all required yards, setbacks, and driveways for subject property and shall meet all requirements of this Code. The additional parking areas design may be a surface lot or parking garage, subject to the approval of the Planning Commission, as shown on the site plan.
(2) The storm water management systems must be designed and constructed to accommodate all land banked spaces as if improved, and as detailed in Chapter 913 Comprehensive Storm Water Management.
(3) Landscaping of the land banked area must be in full compliance Section 1155.10 of these regulations at a minimum. The Planning Commission may require additional landscaping of the land banked area.
(c) The land banked area shall not be used for any other purpose and must be part of the same lot and under the same ownership.
(d) The Planning Commission on the basis of increased parking demand or change in use may require the conversion of all or part of the land banked area to off-street parking spaces improved as per Section 1155.10.
(e) The reservation of said spaces and the purpose therefore, shall be shown upon the approved plans as "Land Banked Future Parking" and shall be a component of any future submittal involving the subject property.
(Ord. 2014-009. Passed 3-11-14.)
1155.04 DUAL USE OF PARKING FACILITIES.
Up to but not more than fifty percent (50%) of the required off-street parking facilities for places of assembly such as theaters and churches may be supplied by off-street parking facilities provided for business buildings or uses such as offices, retail stores and service shops which are not normally open, used or operated during the principal operating hours of theaters or churches, or conversely up to but not more than fifty percent (50%) of the off-street parking facilities required by business buildings, may be supplied by the off-street parking facilities provided by places of assembly, provided that the joint use of the parking facilities is secured for a period of time required by the Planning Commission to adequately serve in lieu of separate parking facilities which would otherwise be required.
(Ord. 2014-009. Passed 3-11-14.)
1155.05 LOCATION OF REQUIRED PARKING SPACES.
In addition to specific requirements contained in each district's regulations, the location of off-street parking facilities shall further be regulated according to the following provisions:
(a) The parking spaces required for residential buildings in a Residential District shall be located on the same lot with the building or use served.
(b) The required parking area for a one-family, two-family or multi-family residential building shall not be provided in the front yard; if it is provided in the side yard it shall be located not less than three feet from the side lot line. On corner lots abutting dedicated streets, the rear of the front setback shall not be approved for a driveway to a detached garage in the rear property. Where the provisions of this Code cannot be met and will not adversely affect the integrity of said Code the Chief Building Official may allow approval.
(c) The parking spaces required for any other building shall be located directly adjacent to the main building it is to serve, except where no other vacant land is available it may be located within 500 feet of the building measured from the nearest point and may be across an alley or street but not across a major thoroughfare.
Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which the parking spaces are provided shall be restricted by an instrument of record describing the premises for which the parking is provided and assuring the retention of such parking so long as required by this Zoning Code.
(d) All parking areas, storage areas, and areas where cars, car parts, trucks and vehicles are to be located, including driveways for multi-family, business or industrial areas shall have a durable impervious surface of four inches of final thickness highway surface grade asphalt (closed pore) over a base of one to three inch size stone, four inches depth or, six inches of final thickness highway surface grade asphalt, or six inch thickness of concrete, (six sack mix), over a base of compacted earth. Aprons shall be a minimum of twenty feet in width. The base shall be comprised of the same materials as used for residential driveways. There shall be appropriate bumper guards where needed. There shall be adequate lighting arranged so that adjacent residential areas will be shielded.
(Ord. 2014-009. Passed 3-11-14.)
1155.06 PARKING OF NONCOMMERCIAL TRUCKS IN RESIDENTIAL DISTRICTS.
In residentially zoned areas trucks of not more than three-fourths ton rated capacity may be parked on the premises provided the trucks are owned and/or solely used by the resident family. The repairing of an automobile owned by the resident family is permitted. The rebuilding or dismantling of any automobile in an open yard is prohibited.
(Ord. 2014-009. Passed 3-11-14.)
1155.07 OFF-STREET WAITING SPACES FOR DRIVE-THRU FACILITIES.
Establishments which by their nature create lines of customers waiting to be served within automobiles shall provide off-street waiting areas on the same lot as the use, in addition to the required number of parking spaces specified in Schedule 1155.03, in accordance with the following requirements.
(a) Commercial establishments such as banks, drive-thru restaurants, automatic car wash facilities and other similar facilities with service windows or service entrances shall provide a minimum of ten waiting spaces, but not less than five spaces per window or entrance when there are two or more windows or entrances.
(b) Self-serve car wash facilities shall provide no less than two waiting spaces per stall.
(c) Gasoline stations shall provide no less than two waiting spaces per accessible side of a gasoline pump island.
(d) Vehicles waiting for service at drive-in or drive-thru facilities shall not be within the public right-of-way.
(Ord. 2014-009. Passed 3-11-14.)
1155.08 OFF-STREET LOADING SPACE FOR ALL DISTRICTS.
Loading or unloading docks or platforms shall be provided as appropriate for all nonresidential buildings hereafter erected or converted to such use. When provided, docks or platforms shall be not less than twelve feet wide, with a height clearance of fourteen feet, and located not less than fifty feet behind the building line along the street or alley.
(Ord. 2014-009. Passed 3-11-14.)
1155.09 REGULATIONS FOR ACCESS DRIVES.
Each parking space and loading space shall be provided access in accordance with the following:
(a) Lots having 250 feet or less of public street frontage shall be permitted one two- way access drive or pair of one-way drives.
(b) Lots having more than 250 feet of public street frontage shall be permitted one additional two-way access drive or pair of one-way drives for each additional 250 feet of frontage or fraction thereof. The appropriate spacing between driveways shall be determined by the Planning Commission at the time of the site plan review.
(c) Entrances and exits shall be located to minimize traffic congestion and avoid undue interference with pedestrian access to street corners provided that access drives on corner lots shall be located as far from the street intersection as practical and no access drive shall be located within fifty feet of street intersections as measured from the right-of-way line.
(d) Access drives shall be not less than twelve feet nor more than thirty-six feet in width at the property line.
(e) There shall be no commercial or industrial access drive within sixty feet of any residential district or any public or private school, church or playground, except where another road intervenes.
(Ord. 2014-009. Passed 3-11-14.)
1155.10 IMPROVEMENT AND MAINTENANCE STANDARDS.
Off-street parking and loading facilities including entrances, exits, maneuvering areas, waiting areas, and parking and loading spaces shall be in accordance with the following standards and specifications.
(a) Parking Space Dimensions. Each off-street parking space, open or enclosed, shall be a minimum of nine feet by eighteen feet exclusive of access drives or aisles.
(b) Waiting Space Dimensions. Each off-street waiting space for a drive-thru or drive-in facility shall have an area not less than 160 square feet (measuring eight feet by twenty-two feet) exclusive of access drives and parking aisles.
(c) Circulation Aisles. The minimum width for a circulation aisle shall be:
(1) Twenty-six feet for ninety degree (90º) or perpendicular parking;
(2) Eighteen feet for sixty degree (60º) parking;
(3) Thirteen feet for forty-five degree (45º) parking.
(d) Paving. All parking areas and driveways for multi-family, business or industrial areas shall have a durable impervious surface of four inches of final thickness highway surface grade asphalt (closed pore) over a base of one to three-inch size stone, four inches depth; or six inches of final thickness highway surface grade asphalt, or six-inch thickness of concrete (six sack mix), over a base of compacted earth. Parking areas used exclusively for outdoor storage or vehicles in business or industrial areas, so long as the outdoor storage is otherwise permitted by the Codified Ordinances, may substitute a pervious surface, permeable pavement system, semi-pervious materials, such as permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete shall permit natural percolation of water and be installed and maintained in accordance with industry and manufacturer's standards and the following:
(1) The manufacturer's specifications are applicable to the subject property's particular soil type and slope so that vehicles or storage are supported without rutting and to allow water percolation.
(2) Semi-pervious parking areas must allow storm water to percolate into the ground at a rate sufficient to accommodate the five-year, 24-hour storm event.
(3) The City will inspect the semi-pervious parking areas and the owner shall give access to the same as needed. If maintenance is required, the owner shall be required to submit to the City documentation of the removal of visible surface sediment accumulations, and/or test results of infiltration rate through the pervious concrete and sub-grade soils system. Any failure to maintain these surfaces shall be investigated, enforced and prosecuted in accordance with Chapter 1389 of the Codified Ordinances of the City of Eastlake.
(e) Drainage. All required spaces, together with driveways and other circulation aisles, shall have adequate provision for under drainage and for the disposal of storm water, so that water shall not flow onto adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or inconvenient to persons using the sidewalk.
(f) Curbs. A curb at least four inches high shall be installed and maintained along the perimeter of a parking or loading area in accordance with the following:
(1) When abutting a landscaped area;
(2) When located in the front yard;
(3) When a commercial or public parking lot is located adjacent to a residential district.
(g) Marking. The location of each parking space and the location and direction of movement along the driveways providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface material.
(i) Lighting. Parking lots or garages that are to be used during darkness shall have a system of floodlighting installed to provide an adequate standard of illumination over the entire parking lot. All floodlights shall be shielded so that a minimum glare will not extend to adjacent property.
(j) Maintenance. A parking lot or garage shall be maintained in a manner to keep it as free as practicable from dust, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition.
Any walls, trees and shrubbery, as well as surfacing of the parking lot or garage, shall be maintained in good condition throughout its use for parking purposes. All exposed concrete walls shall be painted or finished.
(Ord. 2014-009. Passed 3-11-14; Ord. 2020-037. Passed 5-26-20.)
1157.01 COMPLIANCE.
Sand, gravel, rock or topsoil shall not be produced or removed except in limited areas and in accordance with the regulations in this chapter.
(Ord. 1966-79. Passed 3-22-66.)
1157.02 APPLICATION.
Mining, quarrying, excavating, processing, stockpiling and removal operations of sand, gravel, rock or topsoil, drilling of gas wells and removal of other natural resources are regulated in this chapter. The removal of the materials from an area to prepare it for building, street or other construction is not affected by these regulations.
(Ord. 1966-79. Passed 3-22-66.)
1157.03 ESTABLISHMENT OF OPERATION AREAS.
Operations are permitted only in limited areas for the duration of time as may be established by conditional use permits. No production shall be commenced nor shall any permit be issued therefor until a written determination has been made with respect to the conditions under which the operations may be conducted.
(Ord. 1966-79. Passed 3-22-66.)
1157.04 CONDITIONS CONTROLLING OPERATIONS.
(a) All equipment used for the production or removal of sand, gravel, rock or topsoil shall be constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, noise, vibration or dust which are injurious or annoying to persons living in the vicinity, and to eliminate the possibilities of flooding conditions.
(b) No production shall be permitted nearer than fifty feet to the boundary of such a district nor shall such production be permitted nearer than fifty feet to the boundary of an adjoining property within any district.
(c) No production or removal from an open pit shall be permitted which creates a slope steeper than one foot horizontal to one foot vertical.
(d) Property to be used for production shall be enclosed along the exterior boundaries thereof by a fence or barrier that will adequately protect the public from any inherent danger from the operation.
(Ord. 1966-79. Passed 3-22-66.)
1158.01 INTENT.
The purpose of this section is to provide standards for the development of communications towers and antennas which serve the needs of the citizens of Eastlake while minimizing the adverse visual and operational effects of towers through careful design, siting and screening; to avoid potential damage to adjacent properties from tower failure through engineering and careful siting; and to maximize use of any new communication tower and/or existing structures to reduce the number of towers needed.
(Ord. 1997-115. Passed 7-8-97.)
1158.02 DEFINITIONS.
(a) "Telecommunications" means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electronic system.
(b) "Wireless communication antenna" means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC) excluding amateur radio operator's antennas.
(c) "Wireless telecommunications equipment building" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(d) "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(e) "Wireless communications tower" means a tower including but not limited to self- supporting lattice or monopole which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.
(f) "Monopole" means a single, slender and typically cylindrical, vertical structure to which antenna support structures are affixed.
(g) "Lattice" means a framework or structure of crossed metal strips typically resting on three members constructed vertically to which antennas are affixed.
(h) "Collocation" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(Ord. 1997-115. Passed 7-8-97.)
1158.03 STANDARDS OF COMPLIANCE.
All applications for Wireless Communications Towers must be approved by Planning and Zoning Commission and that approval shall be confirmed by Council. The Planning and Zoning Commission shall require the applicant to demonstrate compliance with the following standards in deciding whether to approve an application for a wireless communication tower and/or antenna.
(a) All applicants must first demonstrate that they have used their best efforts to obtain technically suitable space on existing towers, buildings or structures within the City limits as follows:
(1) The applicant shall list on its permit application the location of every tower, building or structure that could reasonably support the proposed antenna.
(2) The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure.
(3) Where another communication tower is deemed technically suitable, the applicant must demonstrate that it has requested co-location but was turned down by the owner. In this instance, the applicant must further demonstrate that it offered the denying owner an opportunity to co-locate on another existing or proposed tower owned by the applicant on terms that are reciprocal and reasonable.
(b) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements as set forth in the Eastlake Codified Ordinances for the use district in which the antenna and/or tower is proposed to be located, and all lot area requirements for that use district.
(c) Screen fencing shall be provided for aesthetic and public safety reasons. A fence at least six feet (6') in height will be erected completely around the telecommunication tower and any related support facilities. Barbed wire at the top of the fence is permitted.
(d) Towers and antenna shall be designed to withstand wind gusts of at least eighty (80) miles an hour.
(e) A landscaped buffer area of not less than ten feet (10') in depth shall be placed between the wireless communication facilities and the public right-of-way, residential use districts, and any adjacent residential uses. The ten foot (10') landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet (6') in height. The landscaping shall be continuously maintained and promptly restored, if necessary.
(f) The owner of the antenna and/or tower shall annually file a declaration with the Chief Building Official as to the continuing operation of every facility installed subject to this Chapter. Once the Chief Building Official has determined that the use of a facility has ceased, the facility's owner or operator will receive written notice from the Chief Building Official, and instructed to either re-activate the facility's use, or dismantle and remove the facility, either of which must occur within one hundred eighty (180) days. If reactivation or dismantling did not occur within one hundred eighty (180) days, the municipality will remove or will contract to have the facility removed, and assess the owner/operator the costs associated with such removal.
Additionally, owners or operators shall be required as a condition to the issuance of a permit to post a bond of not less than one hundred dollars ($100.00) per vertical foot. Said bond shall insure that any abandoned, obsolete or destroyed wireless communication antenna or tower shall be removed within the mandatory one hundred eighty (180) days. Any co-locator shall also execute such a bond to insure that the bond will be in place during the period of time that the co-locator occupies the tower.
(g) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited.
(h) Except as required by law, an antenna or a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, white strobe lights shall not be permitted at night unless no other alternative is permitted by the FAA. Lighting for security purposes shall be permitted at the wireless communication facility with a prior approval of the Architectural Board of Review and the Planning and Zoning Commission.
(i) The applicant must provide written certification from a registered engineer that the antenna and/or tower is to be constructed in compliance with all applicable federal, state and local regulations pertaining to the construction.
(j) There shall be a separation of at least one-half mile between wireless communications towers.
(k) No advertising shall be permitted on the wireless communications facility, however, "No Trespassing" signs shall be posted around the facility with a telephone number of who is to be contacted in the event of an emergency.
(l) The lower part of the tower structure shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).
(m) A plot plan including all building uses within five hundred feet (500') shall be required at a scale of not less than one inch is equal to one hundred feet.
(n) The location of this tower and equipment building shall comply with all natural resource protection standards including flood plain, wetlands and slope regulations.
(o) A permanent easement to the tower site must be provided thereby maintaining access regardless of other developments that may take place on the site.
(p) Any decision to deny a request to place, construct or modify a wireless communications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Zoning Commission.
(q) A proposed new tower shall not be located within one thousand feet (1,000') from any residentially zoned district.
(r) The proposed new tower shall meet all requirements as set forth in Chapter 716 of the Codified Ordinances.
(Ord. 1997-115. Passed 7-8-97.)
1158.04 CONSTRUCTION REQUIREMENTS.
Only the following types of wireless communications towers and/or antennae are permitted under this chapter.
(a) Wireless communications antenna attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure provided the antenna does not exceed twenty feet (20') above the highest point of the structure and the transmission and receiving equipment, where feasible, is stored inside the existing building or structure or on the roof in an enclosure. The foregoing does not preclude the use of small PCS base stations and repeaters on the sides of buildings, utility poles or in ground mounted pedestals.
(b) Wireless communication monopole or lattice tower not more than two hundred feet (200') in height above the finished grade, unless a lesser height is technically feasible to service the geographical service area of the applicant and the transmission and receiving equipment is stored inside a building constructed for that purpose. All applicants shall be required to construct or locate on a base tower structure and structure foundation that is designed to be buildable up to two hundred feet (200') above the finish grade. Such structure shall be designed to have sufficient structural capacity to allow for three (3) providers to be located on the structure when constructed to the maximum allowable height.
(Ord. 1997-115. Passed 7-8-97.)
1158.05 FACILITY LOCATION.
New wireless communication towers may be located only in non-residential districts, and shall be subject to the regulations set forth in this chapter and in regulations of the particular use district in which the antenna and/or tower is proposed to be located but only to the extent such regulations do not conflict with the regulations set forth in this chapter. Wireless communications antennas may be located in residential use districts so long as they are part of an existing structure and shall be subject to the regulations set forth in this chapter and the regulations of the particular zoning district in which the antenna is proposed to be located but only to the extent such regulations do not conflict with the regulations set forth in this chapter.
(Ord. 1997-115. Passed 7-8-97.)
1158.06 ARCHITECTURAL REVIEW.
(a) Application. Upon approval by the Planning and Zoning Commission, the permit application must be reviewed and approved by the Architectural Board of Review. In addition to any standard Architectural Board of Review submission requirements, the applicant shall provide the following information:
(1) The location of any electrical or signal transmitting wires or cables to be used;
(2) The specific antenna support structure device which is to be used;
(3) The proposed method of screening the antenna support structure to make it as inconspicuous as possible and help it blend into the surrounding area, where feasible;
(4) Elevation drawings illustrating the placement, height, color, and material of the antenna and its support structure; and
(5) Plot plan of the lot, premises, parcel of land and adjacent parcels showing, among other things, the exact location of the proposed antenna and its support structures, exact location and dimensions of all buildings on the parcel and adjacent parcels and property lines.
If the information provided above does not clearly convey placement alternatives on the site, the Architectural Board of Review may require an independent evaluation of signal access for a minimum of three most feasible, alternate locations on the site. The evaluation shall be prepared by a consultant approved by the Architectural Board of Review and paid for by the applicant.
(b) Architectural Review and Findings. Prior to approval of an installation, the Architectural Board of Review shall find as follows:
(1) There is no other location on the site for the proposed antenna support structure which would result in a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access;
(2) The antenna and its support structure is the smallest possible for the frequency used and optimally located to allow reasonable signal access; and
(3) Apart from the tower or monopole structure, the facility appurtenances shall be aesthetically and architecturally compatible with the architecture of the surrounding environment.
(4) The color of the structure blends with the surrounding environmental characteristics.
(Ord. 1997-115. Passed 7-8-97.)
1158.07 CERTIFICATION BY REGISTERED ENGINEER.
Prior to action by the Architectural Board of Review, the City shall require a review by an independent registered engineer engaged by the City and paid for by the applicant pursuant to Section 1301.01 of the Codified Ordinances. Among other things, the Engineer shall review and approve the written certification of the applicant's engineer filed; shall review and approve the applicant's propagation studies showing the necessity for and location of the tower; and shall review and approve the structural integrity, electrical integrity and electrical safety of the wireless telecommunication facility in its projected uses so as to assure the protection for the health, safety and welfare of the citizens of Eastlake.
(Ord. 1997-115. Passed 7-8-97.)
1158.08 REIMBURSEMENT OF EXPENSES.
The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Chief Building Official, Planning and Zoning Commission, Architectural Board of Review and/or City Council, to perform the reviews required by this chapter.
(Ord. 1997-115. Passed 7-8-97.)
1158.09 PERMIT FEES.
The Chief Building Official shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with Chapter 1301.01 of the Codified Ordinances.
(Ord. 1997-115. Passed 7-8-97.)
1158.10 EXEMPTION FOR CITY-OWNED PROPERTY.
Wireless communication antennas and/or towers located on City-owned property, by permission of the City Council, shall be exempt from the regulations set forth in this chapter and any other provision of the Zoning Code. Notwithstanding any of the foregoing provisions of this section, if a wireless communication tower is to be located on City-owned property, the tower in all cases shall be subject to a special exception public hearing by the Planning Commission, notice of which hearing shall be given in the same manner as other public hearings, and provided further that the application and proposed type of construction and standards of the proposed tower shall comply with the requirements as set forth in Chapter 716 of the Codified Ordinances.
(Ord. 1997-115. Passed 7-8-97.)