Euclid City Zoning Code

TITLE ELEVEN

Provisions Affecting Use, Structure and Area

CHAPTER 1387 Fences (Repealed)

EDITOR’S NOTE: Chapter 1387 was repealed by Ordinance No. 69-2016, passed June 6, 2016.

APPENDIX RULES AND REGULATIONS OF THE CITY PLANNING AND ZONING COMMISSION

I. City Planning and Zoning Commission.

II. Organization; Meetings; Quorum.

III. Chairperson.

IV. Vice-Chairperson.

V. Secretary.

VI. Commissioner of Zoning; Annual Report.

VII. Powers and Duties of Commission.

VIII. Meetings; Order of Business.

IX. Filing of Applications and Appeals.

X. Procedure for Applications and Appeals.

XI. Notices.

XII. Committees.

XIII. Robert's Rules of Order.

XIV. Annual Report of the Commission.

XV. Amendments.

XVI. Administration of Rules of Procedure

XVII. Hierarchy of Authority.

XVIII. Procedural Forms.

Form Z41 - Planning and Zoning Commission Application.

Form Z42 - Petition for Zoning Change.

Form Z43 - Petition for Use District Exception.

Form Z44 - Petition for Variance.

Form Z45 - Petition for a Special Permit.

Form Z46 - (Reserved for Future Use).

Form Z47 - Petition for Appeal.

Form Z48 - Petition for Rehearing.

Form Z49 - Petition for Conditional Use Approval.

Form Z50 - Petition for Change to or Substitution of Non-Conforming Rights.

1371.01 NONCONFORMING USES.

(a) A nonconforming use existing at the time of the passage of the Zoning Ordinance (Ordinance 2812, passed November 13, 1922) may be continued. A nonconforming use shall not be extended except as authorized by Section 1375.01, but the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage of the Zoning Ordinance, shall not be deemed the extension of a nonconforming use.

(b) A building arranged, designed or devoted to a nonconforming use at the time of the passage of the Zoning Ordinance may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during the ten-year period, sixty percent of the assessed value of the building, unless the use of such building is changed to a conforming use. A nonconforming use may not be changed unless changed to a more restricted use. A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use if changed to a more restricted nonconforming use may not thereafter be changed unless to a still more restricted use.

(c) For the purpose of this Zoning Code a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision. For the purpose of this Zoning Code a nonconforming use shall be deemed to be changed to a more restricted use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that, in the arrangement of classes and subdivisions in the classification of uses, precedes the subdivision in which such nonconforming use is included.

(Ord. 2812. Passed 11-13-22; Ord. 178-1959. Passed 9-14-59; Ord. 131-2016. Passed 11-21-16.)

1371.02 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.

(a) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within thirty days of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of such permit, and which entire building shall be completed according to such plans, as filed, within two years from the date of the passage of this Zoning Ordinance (Ordinance 2812, passed November 13, 1922).

(b) Nothing in this Zoning Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to the passage of the Zoning Ordinance, or prevent a change of such existing use under the limitations provided in Section 1371.01.

(c) Nothing in this Zoning Code shall prevent the restoration of a wall declared unsafe by the Commissioner of Buildings.

(Ord. 2812. Passed 11-13-22; Ord. 131-2016. Passed 11-21-16.)

1371.03 PROCEDURES, ASSESSMENT OF IMPACTS.

Determination of nonconforming status.

(a) Determination by Zoning Commissioner. When the Zoning Commissioner receives an application relating to a lot or building on which a nonconforming use is located, the Zoning Commissioner shall determine if a change of use or substitution of use is proposed, as a result of the activity for which the application has been submitted. If the Zoning Commissioner determines that a change or substitution of nonconforming use is or may be associated with the application then he or she shall notify the applicant in writing and shall withhold action on the application.

(b) Application to Planning Commission. After receipt of notice, the applicant may submit written application to the Planning Commission for review of and action upon the determination. The application shall include information documenting the character of the existing and proposed use(s) and shall address the relevant provisions of this chapter.

(Ord. 131-2016. Passed 11-21-16.)

1371.04 PUBLIC HEARING AND NOTICE BY THE CITY PLANNING AND ZONING COMMISSION.

(a) The City Planning and Zoning Commission shall hold a hearing on the application within 30 days after a complete application has been filed unless otherwise agreed by the applicant. Written notice of the hearing shall be sent at least ten days prior to the hearing by first class mail to the applicant and to the owners of record, as they appear on the County Auditor or Treasurer's current tax list, of all parcels located within 60 feet of the subject parcel.

(b) The notice of such hearing shall state the time, place, date, and subject of the hearing. The failure of delivery of such notice shall not invalidate any subsequent proceedings. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.

(c) The City Planning and Zoning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.

(Ord. 131-2016. Passed 11-21-16.)

1371.05 GENERAL CRITERIA FOR ALL CHANGES OR SUBSTITUTION OF NONCONFORMING USE.

After determining that a proposed use is a change or substitution of a nonconforming use, the Planning Commission shall determine if the proposed use shall be permitted and if any conditions shall be established. The owner of the building shall be responsible for providing information and evidence to the Planning Commission that addresses those considerations the Commission deems relevant. In making a determination, the Commission may give consideration to any or all of the following:

(a) Whether adequate proof of nonconforming status has been provided by the landowner. The burden of proof that a nonconforming use exists (as opposed to a violation of this zoning code) rests with the landowner. A preponderance of the evidence must show that the nonconformity was lawfully established prior to the adoption of the subject regulations.

(b) Whether the property has been maintained in safe and good repair. The extent and cost of any repairs or other improvements required to bring the property into conformance with property maintenance standards applicable to the district.

(d) Whether the building has significant historic or architectural value worthy of preservation to the benefit of the area in which it is located and to the community at large.

(e) Whether the site does or will comply with district standards for landscaping, sidewalks, parking, and screening.

(f) The extent to which the building is specifically designed for the nonconforming use and the extent to which it is not adaptable to conforming or more-conforming uses. Whether any proposed new construction will prolong the removal of the nonconforming use and the potential for adaptive reuse of the building that can contribute to future conforming use of the building.

(g) Whether the nonconforming use is operated without buildings (such as an open air use) or buildings are only employed for accessory or incidental uses. Whether the use is maintained in connection with a conforming building.

(h) Whether the proposed use is more or less harmful or objectionable than the previous nonconforming use resulting from, but not limited to the impacts of: volume of trade or production; kind of goods sold or produced; daily hours or other period of use; the type or number of persons to occupy or to be attracted to the premises; volume, timing, or type of vehicular traffic attracted to the site; availability of off-street and on-street parking and loading facilities; outdoor display, storage or work activities; or, any other characteristic of the new use as compared with the previous use.

(i) The character of districts abutting or in proximity to the proposed use and the nature of permitted uses in those abutting or proximate districts, particularly in terms of sensitivity to the impacts of the nonconforming use. Whether the proposed use is located in or abutting a residential district, and whether the proposed use will either not impact or will protect the residential character or contribute to the livability of residential neighborhoods.

(j) The nature of the nonconformity and the extent to which it is detrimental to its surrounds (including but not limited to impacts on public health and safety, property values, character of traffic, environmental impacts) or the extent to which the nonconformity is benign or has potential to be made benign as a result of improvements to the use and site.

(k) Whether there is evidence that the proposed use will result in significantly lesser impacts than the existing or prior nonconforming use.

(l) Any mitigations to which the applicant will commit that will effectively eliminate or sufficiently resolve or moderate impacts upon other properties including but not limited to: locations and orientations of uses, loading docks, drives, windows and doors; buffers and screens such as landscaping, fences, walls, or mounds; aesthetic improvements such as improved exterior surfaces and landscaping; relocation of the use on the site; hours of operation; or, other operational characteristics.

(Ord. 131-2016. Passed 11-21-16.)

1371.06 PLANNING AND ZONING COMMISSION ACTION ON CHANGE(S) OR SUBSTITUTION OF NONCONFORMING USE.

After giving consideration to all or some of the above factors determined by the Commission to be relevant to the matter, the Commission may take any of the following actions:

(a) Make a written finding that the proposed use will, on the whole, have equal or lesser impacts than the prior or existing nonconforming use and approve the proposed use or approve it with conditions and direct the Zoning Commissioner to issue zoning permits consistent with the approval and subject to any conditions; or

(b) Deny the proposed use.

(Ord. 131-2016. Passed 11-21-16.)

1371.07 ABANDONMENT OF NONCONFORMING USE.

A nonconforming use of land shall be deemed abandoned when the nonconforming use has been replaced by a conforming use or when the nonconforming use has ceased and has not been resumed for a continuous period of one year.

Ord. 131-2016. Passed 11-21-16.)

1373.01 PROHIBITED USES.

The following uses shall be prohibited in the City:

(1) Abattoir, stock yards;

(2) Acid manufacture;

(3) Asphalt manufacture or refining;

(4) Brick, tile or terra cotta manufacture;

(5) Carbon, coke or lamp black manufacture;

(6) Celluloid manufacture or storage;

(7) Cement, lime, gypsum or plaster of Paris manufacture;

(8) Chlorine or hydrochloric, nitric or picric acid manufacture;

(9) Clay products manufacture;

(10) Creosote manufacture or treatment plant;

(11) Distillation of bones, fat rendering, glue manufacture;

(12) Dye stuff manufacture;

(13) Emery cloth or sandpaper manufacture;

(14) Explosives and fireworks, manufacture or storage;

(15) Fertilizer manufacture;

(16) Gas manufacture or storage;

(17) Incineration or reduction of dead animals, garbage, offal or refuse, except in a private incinerator;

(18) Iron or steel foundry, blast furnace, rolling mill, forge shop;

(19) Match manufacture;

(20) Mineral insulation manufacture, mining;

(21) Nitrating of cotton or other cellulose material;

(22) Occupancy of or by automobile trailer, trailer coach or trailer and use for living or sleeping quarters;

(23) Oilcloth or linoleum manufacture, oil wells;

(24) Ore reduction and general smelting operations;

(25) Paint, shellac, turpentine, lacquer or varnish manufacture;

(26) Potash manufacture;

(27) Printing ink manufacture;

(28) Rayon manufacture;

(29) Rock, concrete and slag crushing;

(30) Rubber, caoutchouc or gutta percha manufacture or rag storage;

(31) Scrap iron or junk storage, scrap paper or rag storage;

(32) Smelting of ores;

(33) Soap, tallow, grease or lard manufacture or refining;

(34) Soda ash, caustic soda or washing compound manufacture;

(35) Stone quarry, gravel and sand pit;

(36) Storage of volatile oil or gasoline in excess of 25,000 gallons;

(37) Tanneries, oil refineries;

(38) Tanning, curing or storage of raw hides or skins;

(39) Tar distillation or manufacture;

(40) Tar roofing or tar waterproofing manufacture;

(41) Trailer camps, tourist camp or cabin plot;

(42) Noisy amusement enterprise if operated as a business;

(43) Fish houses, live poultry sales, poultry killing where the main or principal business is the killing of poultry;

(44) Outdoor moving picture or outdoor cinema theater;

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

If there arises any misunderstanding in reference to the interpretation of any of the uses, such misunderstanding will be termed a special case and such special cases that may arise are left to the discretion of the City Planning and Zoning Commission established in this Planning and Zoning Code.

(Ord. 28-1957. Passed 1-28-57; Ord. 182-1993. Passed 10-4-93; Ord. 69-2006. Passed 5-1-06.)

1375.01 AUTHORITY OF PLANNING AND ZONING COMMISSION AND COUNCIL.

(a) In cases of the allotment of property which is undeveloped, and in other specific cases, after public notice and hearing and subject to such conditions and safeguards as the City Planning and Zoning Commission may establish, the Commission may determine and interpret the application of the use district regulations herein established, which permission shall be confirmed by resolution of Council before becoming effective, as follows:

(1) Permit the extension of a building or use into a more restricted district immediately adjacent thereto but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized;

(2) Permit the extension of a nonconforming use or building existing upon the lot occupied by such use or building at the time of the passage of Ordinance 8707, passed June 21, 1948;

(Ord. 2-1960. Passed 1-4-60.)

(3) Use District Exceptions. Permit in a use district any use believed by the City Planning and Zoning Commission to meet the conditions set forth in paragraphs (a)(3)A. through E. hereof, provided that the excepted use is put into effect and utilized within ninety days from the date the use district exception was granted. An excepted use shall be deemed put into effect and utilized to the extent that the person having received the exception from the City must have entered into legal obligations and/or expended funds for the purpose of changing the use of the property to the use granted by the exception. Otherwise, and in the event that the excepted use granted is not fully utilized and put into effect within the meaning of this section within ninety days after it is granted, it shall become null and void and be of no effect.

A. The proposed use district exception is compatible with existing uses of property in the general area.

B. The proposed use district exception would not be substantially disruptive of the character or stability of the general area.

C. The proposed use district exception would not violate any comprehensive planning, zoning or developmental scheme or plan for the City that had been reviewed and adopted by the City and that was currently effective and being followed by the City at the time that the use district exception was considered.

D. The proposed use district exception would be in general keeping with the uses authorized in such district.

E. The proposed use district exception would be in the best interests of the City, in terms of health, safety and welfare.

(Ord. 258-1978. Passed 11-20-78.)

(b) However, paragraphs (a)(1) and (2) hereof shall not be construed to include the extension of any conforming or nonconforming use or variance which permits the premises to be used for a retail gasoline or oil station, for a mortuary or undertaking establishment or for the sale of intoxicating liquor, wine, beer or malt liquors, as defined in Ohio R.C. 4301.01, whether sold for consumption on or off the premises. Nor shall paragraphs (a)(1) and (2) hereof be construed to include the extension of any conforming or nonconforming use or variance which shall provide for the use of the premises under any new or different type of liquor permit, nor shall they be construed to include any extension of the number of hours which the premises may be used for the sale of intoxicating liquor, wine, beer or malt liquors, as defined in Ohio R.C. 4301.01, whether sold for consumption on or off the premises.

(Ord. 2-1960. Passed 1-4-60; Ord. 131-2016. Passed 11-21-16.)

1375.02 COUNCIL APPROVAL OF USE DISTRICT EXCEPTION.

The Council must read each resolution granting a use district exception three times after Planning and Zoning Commission approval and advertise and hold a public hearing on each such measure before acting on the resolution. There shall be no authority to dispense with this rule, except by a majority vote of all members of Council.

(Ord. 113-1992. Passed 4-20-92; Ord. 131-2016. Passed 11-21-16.)

1375.03 ABANDONMENT OF USE DISTRICT EXCEPTION.

Any use district exception confirmed by Council that is put into effect and utilized as provided in Section 1375.01(a)(3) and that is subsequently abandoned for six months or more shall automatically cease, and the zoning of the property shall automatically revert back to its previous zoning category. “Abandoned,” as used in this section, shall include deserting, surrendering, forsaking or leaving land or property by relinquishing dominion and control over said land or property, or where it is apparent that the specific use which gave rise to the use district exception has been discontinued.

(Ord. 179-1997. Passed 9-15-97; Eff. 10-15-97; Ord. 131-2016. Passed 11-21-16.)

1377.01 ACCESSORY USES IN RESIDENCE DISTRICTS.

(a) Accessory uses customarily incident to a Class U1, U2 or U3 use shall also be permitted in, respectively, a Class U1, U2 or U3 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. No such accessory building shall be less than three feet from the side yard line and no less than three feet from the rear yard line.

(Ord. 2-1976. Passed 1-5-76.)

(b) In a U1 or U2 District a private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 2,000 square feet of the lot area, provided however that in a U1 or U2 Use District no garage or combination of garage and accessory sheds shall be erected to exceed 696 square feet in floor area, by external dimensions, except that on lots exceeding 5,000 square feet the permitted accessory building area may be increased by a ratio of one square foot for each 12 square feet of additional lot area. However, in no case shall permitted accessory storage structures exceed 720 square feet in area or cover more than 40 % of the required rear yard as regulated in Section 1383.02, Rear Yards in Residence Districts. In a Class U3 District a private garage permitted as an accessory use shall not provide storage for more than one motor vehicle for each 625 square feet of the lot area.

(Ord. 199-1967. Passed 8-7-67.)

(c) A billboard, signboard or advertising sign shall in no case be permitted as an accessory use. The placing of a “For Sale,” “For Rent,” “Open” or “Open House” sign shall, however, be permitted as an accessory use, but in no event shall “Open” or “Open House” signs be permitted except between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, and on Sunday between the hours of 10:00 a.m. and 4:00 p.m.

(Ord. 50-1986. Passed 4-7-86.)

(d) In the U1 or U2 District a private driveway or walk used for access to a U4 or U5 use shall in no case be permitted as an accessory use.

(e) Home occupations, as conditioned and restricted herein, are permitted as accessory uses within a dwelling or apartment in any residential zoning district. A home occupation shall not alter the residential character or appearance of the dwelling, apartment or neighborhood in which it is located, and shall otherwise be subject to the following minimum requirements:

(1) The owner of every home occupation shall reside in the dwelling unit in which the business operates.

(2) Only one employee in connection with the home occupation who is not a resident of the dwelling unit may be on the site at any one time.

(3) All the activity of the home occupation shall be conducted within a completely enclosed dwelling unit, with the exception of play areas for a home day care use. Use of a garage (detached or attached) or other building or structure accessory to the principal building on the zoning lot for any home occupation is expressly prohibited, with the exception of vehicle storage not exceeding the conditions of division (e)(9) below.

(4) The home occupation shall not interfere with the delivery of utilities or other service to the area.

(5) The activity of the home occupation shall not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a residential zoning district.

(6) No toxic, explosive, flammable, radioactive, or otherwise hazardous materials, nor any scrap or waste materials whatsoever, shall be used, sold, or stored on the site. However, such materials common to ordinary household use are permitted.

(7) There shall be no advertising, signs, display, or other indications of a home occupation in the yard, on the exterior of the dwelling unit or visible from the exterior of the dwelling unit. This prohibition against signs and displays, as contained herein, restricts the contents to address and name only for signs otherwise permitted by Tables 1390.06(a) and (b) for dwellings within U-1 and U-2 Use Districts.

(8) No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed, with the exception of equipment for play areas of a home day care use.

(9) No more than one vehicle shall be used in connection with a home occupation. Further, the home occupation vehicle shall not require more than a passenger class driver's license or be a vehicle designed for carrying more than 12 persons, or, those designed or used for living quarters, or, those vehicles which are designed for pulling or carrying property, freight, or cargo weight rated for a capacity greater than a 3/4-ton truck or van. Vehicles used accessory to a home occupation must be stored in a garage with the door closed.

(10) Deliveries to the home occupation from commercial suppliers shall not restrict traffic circulation and must occur between 9:00 a.m. and 5:00 p.m. Monday through Friday. Deliveries shall not occur so frequently as to interfere with the quiet peace of a residential neighborhood.

(11) No more than two vehicles may visit the home occupation at one time, with the exception of vehicles involved in drop-off or pick-up from a home day care use.

(12) No visitors to the home occupation (clients, patrons, pupils, sales persons, etc.) shall be permitted between the hours of 9:00 p.m. and 6:00 a.m.

(13) In-home child care and day care shall be conducted in compliance with all provisions of Chapter 722 of the Euclid Codified Ordinances.

(14) The following are prohibited as home occupations:

A. Large-scale manufacturing.

B. Large-scale assembly of manufactured products.

C. Warehousing.

D. Distribution in which storage exceeds 100 sq. ft. gross floor area.

E. Direct sales, rental or servicing of products with storage exceeding 100 sq. ft. of gross floor area.

F. Automotive repair and/or automotive sales lot.

G. In-home day care exceeding six children or clients on the premises at any one time. Any children under six years of age who are related to the provider and who are on the premises of the in-home day care shall be counted.

(15) More than one home occupation may be permitted within an individual dwelling unit, provided all other standards and criteria applicable to home occupations are complied with. All criteria above shall be applied cumulatively to all home occupation uses within a dwelling unit as opposed to singularly to each use.

(Ord. 199-1967. Passed 8-7-67.)

(f) Tool sheds and other similar outbuildings are permitted in Class U1, U2 and U3 Districts pursuant to the following regulations:

(1) No tool shed or any other similar outbuilding shall be erected without a building permit issued for such purpose.

(2) Only tool sheds or similar outbuildings sold commercially or constructed according to the plans approved by the Division of Buildings will be permitted. Shipping containers shall not be permitted as residential accessory uses.

(Ord. 316-1974. Passed 12-16-74.)

(3) The maximum size of all storage buildings (sheds and garages), by external dimensions, in aggregate shall not exceed the maximum floor area for garages as calculated in Section 1377.01(b). The maximum height of a shed shall be ten feet from grade.

(Ord. 40-1976. Passed 2-2-76.)

(4) The foundation shall be of a concrete base, treated wood floor or patio stone floor with mortar, with final approval to be made by the Commissioner of Buildings of the City.

(Ord. 24-1981. Passed 2-2-81.)

(5) The tool shed or similar outbuilding shall be a minimum of three feet from the side property lines and three feet from the rear property line.

(6) The tool shed or similar outbuilding shall be located on a lot that has a habitable house on it.

(Ord. 316-1974. Passed 12-16-74; Ord. 94-2000. Passed 5-1-00.)

(g) Boathouses are permitted in Class U1, U2 or U3 Districts pursuant to the following regulations:

(1) A boathouse shall be allowed as an accessory building only upon the same lot with the building to which it is an accessory.

(2) The boathouse shall comply with the sideline requirements of Section 1383.01(c), as measured from any appurtenances, and be located on a lot that has a minimum width of forty feet at the water's edge. The building shall be in line with existing structures as approved by the Building Commissioner.

(3) A boathouse roof shall be no higher than the finished grade of the front yard or not to exceed ten feet from the finished floor, whichever is lower. The finished floor shall not exceed 579.5 feet above sea level. There shall be permitted a railing around the perimeter of the roof and this railing shall be open in design and shall be no higher than three feet.

(4) The construction of the footers and walls shall be of concrete or masonry. The exposed exterior walls shall match the brick of the home to which it is an accessory.

(5) The boathouse shall not be used for temporary or permanent living quarters.

(6) The exterior dimensions shall not exceed twenty-two feet in width and twenty-six feet in depth.

(Ord. 60-1975. Passed 4-7-75; Ord. 169-2006. Passed 10-2-06; Ord. 147-2011. Passed 10-17-11; Ord. 12-2016. Passed 2-16-16; Ord. 21-2016. Passed 3-21-16; Ord. 120-2024. Passed 10-7-24.)

1377.02 PRIVATE GARAGES; VEHICLE STORAGE; PERMIT.

In a U1, U2 or U3 Use District the Planning and Zoning Commission may grant a permit for the erection of one or more private garages as an accessory use:

(a) In excess of the maximum dimensions for private garages as provided for in Section 1377.01 or as contained in the Building and Housing Code; and/or

(b) To provide for the storage of motor vehicles in excess of that allowed by square footage requirements of this Zoning Code.

(Ord. 178-1959. Passed 9-14-59.)

1377.03 RENTING ROOMS; BOARD FURNISHED.

(a) In a dwelling or apartment house occupied as a private residence, one or more rooms may be rented to a total of not more than two persons, or table board furnished to a total of not more than two persons, provided that no window display or signboard is used to advertise such use.

(Ord. 1-1976. Passed 1-5-76.)

(b) The limitation as to the number of persons to whom rooms may be rented or table board furnished as provided in this section shall not apply to persons related by blood or marriage to the owner or tenant in possession of such dwelling or apartment.

(Ord. 32-1969. Passed 2-17-69.)

1377.04 TOPSOIL REMOVAL.

The removal or stripping of topsoil or loam from a sublot or tract of land in a residence district, except for an excavation for construction after a building permit is issued or in the course of landscaping the land, is prohibited.

(Ord. 8708. Passed 6-21-48.)

1377.05 STRUCTURE FOR ANIMALS.

No loft, shed or other structure shall be permitted as an accessory use in a U1, U2 or U3 Use District which is intended or used for the raising, training or keeping of more than four animals, except as provided below.

(a) Structures and associated enclosures used to contain animals shall be located a minimum of three feet from side and rear lot lines and twenty feet from any neighboring house. Structures and fences are not to exceed applicable height limits found in the Euclid Zoning Code.

(b) Structures and enclosures used exclusively for the raising of chickens and hens may be permitted to exceed the population limit of Section (a) above as follows: the occupant of any lot in a Residential District exceeding 4,000 square feet of gross lot area may keep one additional hen for each 250 square feet of lot area; in no case however shall the total number of hens on a residential lot exceed twelve hens.

(d) Enclosures and Fences. Hens shall have access to an outdoor enclosure adequately fenced or bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least ten square feet of lot area for each bird.

(e) Building Permits. A building permit shall be required for installation of a fence or for construction of a stable or other structure routinely requiring such permit, except that no building permit shall be required for cages, coops or beehives that are not permanently attached to the ground or to another structure and do not exceed thirty-two square feet in area nor eight feet in height. No building permit shall be required for the barrier constituting a required enclosure if such barrier is not permanently attached to the ground and does not exceed three feet in height; and no permit shall be required for a “flyway” barrier not exceeding six feet in height and six feet in length.

(f) Sanitation and Nuisances. Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards. Furthermore, farm animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.

(g) Animal or Bird Noise. It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal or bird that makes noise so as to habitually disturb the peace and quiet of any person in the vicinity of the premises.

(h) Slaughtering of Animals. Chickens, ducks, rabbits and similar small animals may be slaughtered on site only if within an enclosed garage, and for consumption by the occupants of the premises. No other farm animal may be slaughtered on site.

(Ord. 178-1959. Passed 9-14-59; Ord. 51-2018. Passed 4-16-18.)

1377.06 TRUCK, TRAILER, TRACTOR, BUS OR SEMITRAILER PARKING OR STORAGE.

(a) For the purposes of this section, a truck shall be any vehicle so defined by Ohio R.C. Chapter 4511 and containing only a commercial truck license from the State, including trailers and semitrailers. School bus, bus, commercial tractor, pole trailer and moving van shall also be as defined by Ohio R.C. Chapter 4511.

(b) No person shall park or store any truck, school bus, bus, commercial tractor, pole trailer or moving van in a U1, U2, U3, or U3EL Senior Citizens Use District, including on any public street or highway, except to make deliveries or pickups or for the loading or unloading of persons, unless such truck, school bus, bus, commercial tractor, pole trailer or moving van is parked or stored in a completely enclosed structure. (Ord. 131-1986. Passed 10-6-86; Ord. 15-2024. Passed 2-20-24; Ord. 120-2024. Passed 10-7-24.)

1377.07 DEFINITIONS.

The following definitions shall be used for purposes of defining the terms used in Chapter 1377:

(a) “Trailer” means any vehicle without motive power designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, and a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than twenty-five miles per hour, except a house trailer.

(b) “House trailer” means any self-propelled and non-self-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to indicated utilities, whether resting on wheels, jacks or other temporary foundation, and used or so constructed as to permit its being used as a conveyance upon the public streets or highways, or a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses.

(c) “Auto trailer” and “trailer coach” mean a vehicular portable structure built on a chassis and not exceeding a gross weight of 7,500 pounds when factory equipped for the road, or an overall length of thirty-eight feet, and designed to be used as a temporary dwelling for travel, recreational and vacation uses, or a portable dwelling designed and constructed as an integral part of a self-propelled vehicle, or a portable dwelling designed and constructed as an integral part of a self-propelled unit, or a canvas holding structure mounted on wheels and designed for travel and vacation use.

(d) “Shipping container” means a standardized reusable vessel that was originally designed for or used in packing, shipping, movement, or transportation of freight, articles, goods, or commodities. The meaning of "shipping container" includes but is not limited to similar containers such as cargo containers, transport containers and portable site storage containers.

(Ord. 106-1973. Passed 5-21-73; Ord. 21-2016. Passed 3-21-16.)

1377.08 RECREATIONAL VEHICLE PARKING OR STORAGE.

(a) As used in this section:

(1) “Vehicle” is defined as it is in the Traffic Code.

(2) “Recreational vehicle” includes boats and is defined as a portable structure that is self-propelled or towable by another vehicle and of such size and weight as not to require special highway movement permits. Such vehicle shall be primarily designed, constructed or modified to provide temporary living quarters or for recreational, camping or travel use, and not for commercial purposes or for profit, and shall include, but not be limited to, the following:

A. “Travel trailer” means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a “travel trailer” by the manufacturer.

B. “Pick-up camper” means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

C. “Motorized home” means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

D. “Folding tent-trailer” means a canvas folding structure, mounted on wheels and designed for travel and vacation uses.

E. “Boat” or “boat trailer” includes boats, floats and rafts, plus the normal equipment to transport the same on the highway.

F. “Driveway” is defined as that area of any residential property designed for vehicular ingress and egress to and from such property.

G. “Parking” means the stationary placement of any vehicle for a continuous period of less than twenty-four hours.

H. “Storage” means the stationary placement of any vehicle for a continuous period in excess of twenty-four hours.

(b) No person shall park or store any recreational vehicle as defined herein in a U1 or U2 Use District, provided, however, that such vehicles may be parked or stored in a U1 or U2 Use District subject to the following conditions:

(1) In a completely enclosed structure, or outside of a completely enclosed structure, but not in front of the rear building line, nine feet to the rear of any habitable building structure, eight feet from the side line, or three feet from the rear property line. In the event the property is a corner lot there shall be a minimum of eight feet from the rear property line and in no case in front of the front building line of the adjoining structure.

(2) By a permit at a one time fee of five dollars ($5.00) from the Commissioner of Buildings requiring such information on such form as he or she may prescribe from all recreational vehicle owners.

(3) No fixed connections to water, gas, electricity or storm or sanitary sewer facilities shall be attached to the recreational vehicle, except that a temporary electrical connection not to exceed twenty-four hours is permitted for the sole purpose of generating electrical energy to charge up the battery or generating system.

(4) The recreational vehicle shall not be used for living or housekeeping purposes while stored on such lot.

(5) All recreational vehicles must carry a current year's license and/or registration.

(6) The recreational vehicle shall be limited to twenty-five feet in length from end to end but not including the size of any hitch or attachment.

(7) Not more than one recreational vehicle shall be granted a permit for parking outside a completely enclosed structure, except upon permission received from the Police Department for purposes of allowing a visiting recreational vehicle for temporary parking purposes.

(c) No person shall park or store any recreational vehicle as defined herein in a U3, or U3EL Use District, provided, however, that such vehicles may be parked or stored in a U3, or U3EL Use District subject to the following conditions:

(1) In a completely enclosed structure; or

(2) Outside of a completely enclosed structure only if the recreational vehicle does not exceed twenty feet in length, unless permitted by the owner of the premises or his or her agent.

(d) Recreational vehicles may be parked in the driveway of the premises for a period not to exceed twenty-four continuous hours in any seven-day period as a complete exception to the terms and requirements of this section for loading or unloading purposes only, provided, however, that the Zoning Commissioner shall be authorized to grant permission to park a recreational vehicle in the driveway of the premises for a period not to exceed forty-eight continuous hours within a seven-day period for loading or unloading purposes only.

(e) The Planning and Zoning Commission, with the confirmation of Council, may grant a variance from the restrictions of this section to any applicant upon a showing that the restrictions of this section impose an undue hardship as a result of any of the following conditions existing upon the property where the recreational vehicle is to be stored:

(1) Topography of property;

(2) Corner lot;

(3) Location of garage;

(4) Setback of home;

(5) Location of home on property;

(6) Size and length of recreational vehicle.

For any variance from side line or rear line requirements, the Planning and Zoning Commission and Council shall consider the consent or objection of adjacent property owners.

For variances from the rear line of a habitable building structure, the applicant shall submit the plan to the Building Division and the Fire Department, and the Fire Department shall inspect for access requirements and make a recommendation on the proposed variance.

(Ord. 117-1980. Passed 5-5-80.)

(f) Any person or persons storing recreational vehicles within the City at the time of the passage of this section shall comply with the terms and conditions contained herein on or before thirty days from passage.

(Ord. 145-1979. Passed 5-21-79; Ord. 15-2024. Passed 2-20-24.)

1377.09 SATELLITE SIGNAL-RECEIVING EARTH STATIONS.

(a) Definitions. As used in this section, “satellite earth station” means an antenna of any size, shape or description designed for the purpose of receiving microwave or other means of signal transmissions from earth orbiting satellites or other sources.

(b) Permit Required. No person, firm or corporation shall erect a satellite earth station in the City without first obtaining a permit, and no installation or erection shall commence before such permit is issued in accordance with the provisions of this chapter. However, satellite earth stations of a dish type, with a front face not exceeding eight square feet, measured by smallest single rectangle drawn to enclose the dish, are exempt from the permit requirement of this chapter.

(1) Any property owner or contractor who desires to construct or erect a satellite earth station shall apply to the Building Commissioner for the permit described in subsection (b) hereof. A part owner, occupant, renter or contractor shall have the written permission of the owner of the lot, premises or parcel of land within the City upon which such construction or erected satellite earth station is proposed. Upon vacating such premises, the permit holder shall remove such dish within thirty days.

(2) The Building Commissioner shall issue such permit, provided the applicant submits a written application upon forms provided by the Building Division, along with three sets of plans, including a plot plan of the lot, premises or parcel of land, showing the exact location of the proposed satellite earth station and all other kinds of satellite earth stations proposed; plans showing specifications and elevations of the proposed satellite earth station; and sufficient details to show the method of assembly and construction.

(3) The application shall indicate the owner or owners of the subject property, the occupant of the subject premises and the contractor or other person who shall be permitted to construct or erect the proposed satellite earth station.

(4) All contractors installing satellite earth stations shall be registered with the City.

(d) Inspection of Installation. The Building Commissioner shall be responsible for the inspection of satellite earth stations during construction and the reinspection of the completed satellite earth station for any structural or electrical deficiencies which may appear or exist. The Building Commissioner shall require immediate correction of any such deficiencies.

(e) Location of Satellite Earth Station; Ground and Roof Mountings.

(1) No ground-mounted satellite earth station, including its concrete base or other substructure, shall be erected in the front or side yard.

(2) No satellite earth station shall be linked physically or electronically to a receiver which is not located on the same lot, premises or parcel of land as the earth station.

(3) Ground-mounted satellite earth stations may be constructed only in rear yards not closer than eight feet to any lot line, and not visible from the street or from a neighbor's lot, with approved evergreen landscaping shown in the plan and planted with the approval of the Building Commissioner. Appropriate landscaping shall entirely screen the earth station with the exception of the southwestern view of the sky.

A, Ground-mounted installations exempt from permit requirements (eight square feet or less) are also exempt from landscape and screening requirements.

(4) Roof-mounted satellite earth stations may be installed in any Use District where no other option is feasible. They shall not be mounted onto appurtenances such as chimneys, towers or poles and they shall not exceed a height of eight feet above the roof upon which they are mounted. The minimum distance from any edge of the roof shall be equal to the height of the antenna and its base. The surface of the roof shall be flat and parallel to the ground.

A. Roof-mounted and wall-mounted installations exempt from permit requirements may be installed in any use district and may be mounted on appurtenant structures such as chimneys and parapets subject to the side yard restrictions of the Use District in which they are located.

(5) Upon written request from the City Planning and Zoning Commission, the Commission may grant, subject to the approval of Council, special written permission for the erection of a satellite earth station, contrary to the provisions of paragraphs (e)(1), (2), (3) and (4) hereof, if the Commission finds that such erection or installation is consistent with sound engineering practice and after consultation with the Building Division concerning such request. The Commission shall have the authority provided in this subsection to alter the requirements of this chapter for satellite earth stations to be constructed in U1, U2, U3, U4, U5, U6 and any U-R Use Districts.

(f) Satellite Earth Station Construction; Support Structures.

(1) Only corrosion-resistant material shall be permitted in a support structure.

(2) The structure must be in conformance with all applicable Federal, State and City codes.

(3) Only a concrete base or caissons, depending upon soil conditions, shall be employed in line with grade for ground-mounted stations.

(4) The maximum height of any ground-mounted free-standing satellite earth station shall be twelve feet from the natural grade level.

(5) The structure, including the foundation and excluding supporting guy wires, shall be designed to withstand a wind force of up to eighty-five miles per hour in accordance with generally accepted engineering practice.

(6) All roof-mounted and ground-mounted satellite dishes are to be a mesh-type construction with a non-glare unobtrusive color finish.

(7) For roof-mounted satellite earth stations, the structural strength of the roof shall be determined to be capable of supporting the weight of the earth station as well as withstanding stresses incurred by the earth station from severe winds of up to eighty-five miles per hour.

(8) All roof-mounted and ground-mounted satellite earth station electrical wiring shall be installed per all applicable codes. Ground-mounted station wiring shall be underground and shall be approved by a recognized testing agency.

(9) Separate branch circuits shall be provided for each motor circuit, and conductors shall have an ampacity not less than the maximum load to be served. Every driving motor circuit shall be protected by a listed or labeled G.F. C.I., and all motors shall be guarded and isolated from unqualified persons who might come in contact with the equipment.

(10) Branch circuits and the frames of stationary motors shall be grounded to an eight-foot driven grounding rod in accordance with the requirements of the National Electrical Code, shall have an effective grounding path and shall:

A. Be permanent and continuous;

B. Have the capacity to conduct safely any fault current likely to be imposed on it;

C. Have sufficiently low impedance to limit the voltage to ground and facilitate the operation of the circuit protective devices in the circuit.

(11) All motors over 1/8 h.p. shall have a disconnect located within sight of the motor and shall meet all requirements for disconnects as specified in the National Electrical Code.

(12) If guy wires are used, they shall be confined within a fenced area or be protected by a suitable shield.

(13) The requirements of this section may be modified if the Commission, after reviewing the plan and any other information it may request, finds that such erection or installation is consistent with sound engineering practice.

(g) Permit Fee. The fee required for a satellite earth station permit shall be fifty dollars ($50.00) for a U1 and U2 Use District installation and one hundred dollars ($100.00) for all others.

(h) Prohibitions.

(1) No person, firm or corporation shall erect or maintain a satellite earth station unless it is in compliance with the provisions of this chapter.

(2) No property owner, part owner, occupant, renter or contractor shall advertise on an earth satellite station within the City.

(Ord. 69-1985. Passed 6-3-85; Ord. 168-2006. Passed 10-2-06.)

1377.10 AMATEUR RADIO ANTENNAE AND OTHER BROADCASTING TOWERS.

(a) Amateur radio antennae shall be subject to the following constraints:

(1) Their location shall be permitted only in a rear yard in compliance with Chapter 1383.

(2) A permit for installation shall be required and all abutting property owners shall be notified.

(3) Applications shall be submitted to the Building Commissioner with complete plans and specifications of the manufacturer to establish that the tower on the proper foundation will withstand a wind load of at least eighty-five miles per hour. If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.

(4) The height of the antenna shall not exceed fifty-five feet (16.8 meters).

(5) The attachment of any ancillary equipment such as satellite dishes shall not be permitted.

(b) All other broadcasting or similar type towers shall be subject to the following constraints:

(1) Their location shall be in areas appropriately zoned for the purpose and shall be a distance from any building or property line equal to 110 percent of their height or more.

(2) A permit for installation shall be required and all abutting property owners shall be notified. Approval by the Planning and Zoning Commission shall be required.

(3) Applications shall be submitted to the Building Commissioner with complete plans and specifications of the manufacturer to establish that the tower on the proper foundation will withstand a wind load of at least eighty-five miles per hour. If guy wires are used they shall be sufficiently visible to prevent accident or injury to any person.

(4) Height limitations are subject to the approval of the Planning and Zoning Commission, taking into consideration the effect on aesthetics and the health, safety and welfare of the residents of the City.

(5) The attachment of any ancillary equipment other than the approved original intent of the towers shall not be permitted.

(6) The transmitting towers shall comply with all recognized Federal Communications Commission (FCC) and Nonionizing Electromagnetic Radiation (NIER) Standards.

(Ord. 51-1986. Passed 4-7-86.)

1377.11 LOCATION OF KENNELS, COMMERCIAL ANIMAL ESTABLISHMENTS OR SHELTERS.

(a) No kennel, commercial animal establishment or shelter shall be located in a U1, U2 or U3 Use District. Operation of a kennel, commercial animal establishment or shelter in any such residential district after the effective date of this section (Ordinance 138-1989, passed June 19, 1989) shall be permitted to continue as a nonconforming use at such location, provided such kennel, commercial animal establishment or shelter is continuously licensed with the City from and after such effective date and provided, further, that no person operating any such kennel, commercial animal establishment or shelter with a license as of such effective date shall replace any animals that are sold, die or are given away after such effective date.

(b) “Commercial animal establishment” means any pet shop, grooming shop, guard dog service or business which keeps animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.

(c) “Kennel” or “shelter” means any premises upon which five or more cats and kittens and/or dogs and puppies are kept, boarded, bred, trained, bought and/or sold, except for commercial animal establishments.

(Ord. 138-1989. Passed 6-19-89.)

1377.12 TEMPORARY PORTABLE STORAGE UNITS AND DUMPSTERS.

(a) Definitions. As used in this section:

(1) “Dumpster” shall mean any temporary bulk container or “Bagster” or comparable bagged dumpster, placed for use as a depository for refuse, trash, garbage, construction materials or debris. Long-term dumpsters used for multi-family residences shall comply with all applicable screening requirements of the Codified Ordinances of the City of Euclid.

(2) “Temporary portable storage unit(s)” shall mean any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building for a temporary period of time until the portable storage unit is moved to an off-site location.

(b) Usage, Frequency and Duration.

(1) Usage of portable storage unit. A portable storage unit may be used for holding property when work in a structure may require for property to be placed elsewhere; or for loading or unloading property when moving to or from a structure.

(2) Usage of dumpsters/bagged dumpsters. A dumpster/bagged dumpster may be used for holding refuse, garbage, construction materials or debris when work in a structure may require a place to throwaway large amounts of waste; or for holding waste when moving to or from a structure.

(3) Frequency and duration. An “event” shall consist of the delivery and pick-up of the portable storage unit, dumpster/bagged dumpster or multiple deliveries and pick-ups within 30 days. The user shall complete and submit an application to the Building and Housing Department and obtain a permit indicating date that the portable storage unit or dumpster/ bagged dumpster will be delivered and the “event” shall commence on delivery date. Temporary portable storage units and dumpsters/bagged dumpsters may not exceed the following durations of stay:

A. In any of the Residential Zoning Use Districts, events shall be at a maximum of 30 calendar days per event with a maximum of four events per structure per twelve month period. There shall be at least one month in between each event.

B. Exception. In residential zoning use districts, the Building and Housing Department may approve an event lasting more than the maximum of 30 calendar days described above, provided a permit for construction or rehabilitation exists on the subject property. Any party aggrieved by this discretionary extension or refusal to extend may appeal to the Planning and Zoning Commission to reverse or modify the decision.

(c) Placement. Portable storage units and dumpsters/bagged dumpsters are prohibited from being placed in streets. Portable storage units and dumpsters/bagged dumpsters must be kept in the driveway, rear or side yard a minimum of ten feet away from any adjacent house where practical.

(d) Responsibilities of Vendors and Users. The vendor of the temporary portable storage unit and/or dumpster/bagged dumpsters shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use the portable storage unit shall be kept locked. Dumpster lids and doors shall be kept tightly and completely closed when not in use. “Bagsters” or comparable bagged dumpster must be covered with a tarp. The user is responsible to ensure no hazardous substances are stored or kept within a portable storage unit and/or dumpster. The area surrounding the dumpster shall be kept clean and free of loose debris. The City shall require the user to provide adequate screening or tarp to be placed on the dumpster to contain dust and debris in the event of a complaint. The vendor shall indicate their name and contact telephone number on the temporary portable storage unit and/or dumpster.

(e) Relationship to Other Laws. Nothing in this chapter shall be deemed to limit the City in any way to use any or all other means available to remove the nuisance, or summarily eliminate immediate hazards to the public health, safety or welfare as granted in any ordinances of the City of Euclid or the laws or Constitution of the State of Ohio.

(Ord. 228-2007. Passed 11-19-07; Ord. 109-2016. Passed 9-19-16; Ord. 129-2017. Passed 11-20-17.)

1377.13 BEES.

The keeping of bees, and associated beehives, shall be governed by the following regulations.

(a) Number. No beehive shall be kept on lot of less than 4,000 square feet of lot area. An owner may keep one additional beehive for each additional 2,400 square feet in area over the original 4,000 square feet of lot area.

(b) Location and Setbacks. No beehive shall be kept closer than five feet to any lot line and ten feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a front yard or side street yard (corner lot). The front of any beehive shall face away from the property line of the adjacent residential property closest to the beehive.

(c) Fences and Shrubs. A solid fence or dense hedge, known as a “flyway barrier”, at least six feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five feet of the hive and shall extend at least two feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least twenty-five feet from all property lines and for beehives that are located on porches or balconies at least ten feet above grade, except if such porch or balcony is located less than five feet from a property line.

(d) Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

(e) Prohibitions. No Africanized bees may be kept on a property under the regulations of this section.

(Ord. 52-2018. Passed 4-16-18.)

1379.01 HEIGHT DISTRICT REGULATIONS.

Unless otherwise stated in the Zoning Use District chapters contained in Title 9 of this zoning ordinance, height district regulations are established as follows and are indicated on the zoning map:

(a) In a Class H 1 District no building shall be erected to a height in excess of two and one-half stories or in excess of thirty-five feet except that a church, school or library building shall not be erected to a height in excess of four stories or in excess of fifty feet.

(b) In a H2 District no building shall be erected to a height in excess of four stories or in excess of fifty feet.

(Ord. 2812. Passed 11-13-22; Ord. 120-2024. Passed 10-7-24.)

1379.02 HEIGHT DISTRICT EXCEPTIONS.

(a) The provisions of Section 1379.01 shall not apply to restrict the height of a church spire, belfry, clock tower, wireless tower, noncommercial television aerial or tower, chimney flue, water tank, elevator bulkhead, stage tower or scenery loft.

(b) The Planning and Zoning Commission may, after public notice and hearing and subject to such conditions and safeguards as the Commission may prescribe to protect the appropriate use of neighboring property, permit the erection of a building or portion of a building covering not more than twenty-five percent of the area of the lot to a height in excess of the limits prescribed in Section 1379.01.

(c) Nothing in this Zoning Code shall prevent the erection, above the height limit, of a parapet wall or cornice, solely for ornament and without windows, extending above such height limit not more than three feet.

(Ord. 2812. Passed 11-13-22.)

1379.03 HEIGHT REGULATIONS FOR U3 APARTMENT HOUSE AND U3E ELEVATOR APARTMENT HOUSE DISTRICTS.

Notwithstanding any other provisions of this chapter for an apartment house building, the maximum height shall be limited to thirty-five feet in a U3 District. For an elevator apartment house building, the minimum height shall be fifty feet and the maximum height shall be 200 feet, excluding accessory structures on roofs.

(Ord. 28-1969. Passed 2-17-69; Ord. 15-2024. Passed 2-20-24.)

1381.01 AREA DISTRICT REGULATIONS.

(a) Unless otherwise stated in the Zoning Use District chapters contained in Title 9 of this zoning ordinance, area district regulations are established as follows and are indicated on the zoning map:

(1) In a Class A1 District no dwelling or apartment house shall be erected or altered to accommodate or make provision for more than one family for each 5,000 square feet of the area of the lot if an interior lot, or for each 4,000 square feet if a corner lot. However, one single-family dwelling may be erected on any lot separately owned at the time of the passage of the Zoning Ordinance (Ordinance 2812, passed November 13, 1922) or on any numbered lot in a recorded subdivision that is on record in the office of the County Recorder at the time of the passage of the Zoning Ordinance.

(2) In a Class A2 District no dwelling or apartment house shall be erected or altered to accommodate or make provision for more than one family for each 2,500 square feet of the area of the lot if an interior lot, or for each 2,000 square feet if a corner lot.

(3) In a Class A3 District no dwelling or apartment house shall be erected or altered to accommodate or make provision for more than one family for each 2,500 square feet of the area of the lot if an interior lot, or for each 2,000 square feet if a corner lot.

(4) In a Class A4 District no dwelling or apartment house shall be erected or altered to accommodate or make provision for more than one family for each 700 square feet of the usable physical lot area for an elevator apartment house building, or 2,500 square feet of the usable physical lot area for apartment house buildings.

(b) In the event that area regulations contained in the Zoning Use Districts of Title Nine of this zoning ordinance differ from the Area District Regulations above and on the zoning map, the area regulations contained in the Zoning Use Districts in Title Nine shall prevail.

(Ord. 120-2024. Passed 10-7-24.)

1381.02 CORNER LOT TO BE CONSIDERED AS INTERIOR LOT.

In computing area of the lot for the purpose of Sections 1381.01 through 1381.07, any part of the area of any corner lot in excess of 8,000 square feet shall be considered an interior lot.

(Ord. 2812. Passed 11-13-22; Ord. 120-2024. Passed 10-7-24.)

1381.03 FAMILIES PER LOT AREA WITHIN BUSINESS OR INDUSTRIAL USE.

For the purpose of determining the number of families that may be housed on a given lot area where a portion of a building in a Class A1, A2 or A3 District is arranged, intended or designed for a business or industrial use, the number of families that may be housed on such lot shall be reduced by one for each 1,250 square feet or fraction thereof of lot area actually covered by such portion of the building as is arranged, intended or designed for such business or industrial use.

(Ord. 2812. Passed 11-13-22; Ord. 120-2024. Passed 10-7-24.)

1383.01 SIDE YARDS IN RESIDENCE DISTRICTS.

(a) In a Class U1, U2 or U3 District, there shall be, for every building erected, a side yard along each lot line other than a front line or rear line.

(b) Each single-family dwelling, each two-family dwelling and each apartment house shall be deemed a separate building and shall have side yards as prescribed in this section.

(d) In the U3 and U3EL Districts, all side yards shall conform to regulations set forth in Section 1354.09 and 1354.10.

(Ord. 9811. Passed 9-8-52; Ord. 262-1979. Passed 9-17-79; Ord. 9811. Passed 9-8-52; Ord. 93-2000. Passed 5-1-00; Ord. 120-2024. Passed 10-7-24.)

1383.02 REAR YARDS IN RESIDENCE DISTRICTS.

Rear yards in U1 and U2 Residential Districts shall conform to regulations set forth in Section 1352.10.

(Ord. 178-1959. Passed 9-14-59; Ord. 165-1974. Passed 6-17-74; Ord. 120-2024. Passed 10-7-24.)

1383.03 REAR YARDS IN U3 AND U3EL DISTRICTS.

Rear yards in the U3 Multi-Family District shall conform to regulations set forth in Section 1354.10. Additional Yard Regulations in the U3 and U3EL Districts shall conform to Sections 1354.07 through 1354.10.

(Ord. 35-1969. Passed 2-17-69; Ord. 120-2024. Passed 10-7-24.)

1383.04 YARD REGULATIONS; APARTMENT HOUSE DISTRICTS.(REPEALED)

(EDITOR’S NOTE: Section 1383.04 was repealed by Ordinance 120-2024, passed October 7, 2024.)

1383.05 SIDE AND REAR YARDS IN BUSINESS DISTRICTS.

(a) In a Class U4, U5 or U6 District, where the side line of the lot adjoins a Class U1, U2 or U3 District, no building, unless located fifty feet or more back from the street line, shall be erected within ten feet of such adjoining Class U1, U2 or U3 District.

(b) In a Class U4, U5 or U6 District, where the rear line of the lot adjoins a Class U1, U2 or U3 District, every building erected shall have a rear yard. The least dimension of such yard shall be at least twenty percent of the depth of the lot, but such least dimension need not be more than forty feet, provided that such least dimension shall in no case be less than one-half of the height of the principal building thereon.

(c) Forty percent of the area of such rear yard may be occupied by a one-story accessory building, but on a corner lot no such accessory building, if detached from the main building, shall be erected within twenty feet of the street line and no such accessory building, unless located fifty feet or more back from the street line, shall be erected within ten feet of the rear lot line.

(Ord. 2812. Passed 11-13-22.)

1383.06 SIDE AND REAR YARD EXCEPTIONS.

(a) The area required in a side or rear yard shall be open to the sky from the established grade or from the natural grade. Such area shall be unobstructed except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than eighteen inches, except that, within five feet of the street wall, a cornice may project not over three feet into such yard, and provided that if the building is not over two and one-half stories in height, the cornice may project not more than two and one-half feet into such yard.

(b) A building and any accessory building erected on the same lot shall, for the purpose of side and rear requirements, be considered as a single building.

(Ord. 9811. Passed 9-8-52.)

1385.01 GENERAL PROVISION; SIGNS.

(a) For the purpose of regulating front yards, for the purpose of further regulating side yards of corner buildings and for the purpose of regulating the alignment of buildings near street frontages, building lines are set forth on the Zone Map, which lines are hereby declared to be a part thereof and hereof and are established. The Map designations and the Map designation rules which accompany the Map are hereby declared a part thereof and hereof. Every building shall be erected on and aligned with the building line, except in the case of land parcels exceeding ten acres in size in a U6 District.

(b) No building or portion of a building extending above the established grade, or sign, except where a sign is permitted, shall be erected or maintained between a building line and the street line.

(Ord. 2812. Passed 11-13-22.)

1385.02 PARKING; MERCHANDISE DISPLAY.

(a) In any use district, other than a U1 or U2 District, automobiles shall not be parked between the street line and the building line, except under a plan approved by the Police Chief. He or she shall approve the location of the service driveways. The space within all service driveways shall be kept open and no motor vehicle shall be parked thereon, or object placed thereon which may obstruct or impede the flow of traffic, without the prior written consent of the Police Chief.

(Ord. 10471. Passed 9-27-54.)

(b) Merchandise, goods or wares shall not be displayed, sold or offered for sale between the building line and the street line except in coin-operated vending machines of 125 cubic feet or less placed adjacent to the building and set back a minimum of sixty-five feet from the street line, provided that the vending machine(s) do not block ingress or egress to the building and do not obstruct or in any way interfere with the flow of vehicular traffic. No more than one such machine may be placed per fifty feet of building frontage. All merchandise, goods and wares shall be contained within the vending machine(s).

(Ord. 91-1991. Passed 3-4-91.)

1385.03 PORCHES; HANDICAP RAMPS; OBSTRUCTION OF DRIVER'S VIEW AT CORNER LOTS.

(a) In Class U-1 and U-2 Districts a one-story unenclosed porch, stoop, landing and steps not exceeding 20% of the width of the building facade, may be constructed between the building line and the street line, but not to exceed six feet in to the setback.

(b) In Class U-1 and U-2 Districts a one-story porch or deck, not exceeding the width of the building facade, may be constructed between the building line and the street line but not to exceed ten feet of projection into the setback, provided that a minimum of twenty feet of unencumbered front yard space is provided on the property. Encroaching structures permitted by this section shall be reviewed and approved by the Architectural Review Board for compliance with Chapter 1327 and any applicable design overlay district.

(c) In Class U-1 and U-2 and ASF Districts, an unenclosed, uncovered handicap access ramp may be constructed between the building line and the street line. Ramps constructed under this exemption are to be permitted on condition that they shall be removed, at the owner’s expense, within six months after the ramp is no longer needed by any household resident.

(d) In all Districts, on a corner lot, between the building line and the street line and within the triangular space included between the street lines, for a distance of 25 feet from their point of intersection, no fence, hedge, plants, screening or other structure shall hereafter be erected, and no shrubs or foliage shall be maintained, that, in the judgment of the Commissioner of Buildings, will materially obstruct the view of a driver of a vehicle approaching the intersection within 75 feet of the center of such intersection.

(Ord. 10471. Passed 9-27-54; Ord. 123-2008. Passed 5-19-08; Ord. 130-2017. Passed 11-20-17.)

1385.04 DETERMINING BUILDING LINES.

Where a building line is shown on the Zone Map as an existing alignment line, the alignment of the buildings existing along such frontage shall determine the building line.

In a Class U4, U5 or U6 District, where a building line is required along both the front and side line of a corner lot, and the building thereon, as constructed, faces the front of the lot, the building line along such side line for a distance of 150 feet back from the building line at the corner shall be located five feet back from the street line in all cases where a greater distance is prescribed on the Zone Map.

On any street frontage in a Class U1, U2 or U3 District, where no building line is designated on the Zone Map, the location of the building line shall be as follows:

(a) On a street frontage on either side of a street between two intersecting streets, but excluding the frontage along the side line of a corner lot, the distance of the building line, back from the street line, shall be twenty percent of the average or normal depth of the lots having their front lines along such street frontage, but such distance back from the street line need not be more than forty feet. Where, in any portion of such street frontage, there are lots of markedly less depth than the normal, the City Planning and Zoning Commission, in defining and applying this building line regulation, may, when in its opinion the general purpose and intent of this section will be better served thereby, divide such street frontage into sections for the application of the above twenty percent building line requirements. For the purpose of this subsection the term “lot” shall include each unimproved parcel in separate ownership and unimproved lots or parcels in subdivisions of land.

(b) In a Class U1 or U2 District, along the side line of a corner lot, the distance of the building line back from the street line shall be fifteen percent of the average width of such lot, but such distance back from the street line need not be more than fifteen feet. In a Class U3 District along the side line of a corner lot, the distance of the building line back from the street line shall be twelve percent of the average width of such lot, but such distance back from the street line need not be more than twelve feet.

(Ord. 10471. Passed 9-27-54.)

1385.05 FRONT YARDS IN APARTMENT HOUSE DISTRICTS.

Notwithstanding the requirements set forth in other sections of this chapter, front yards shall be established hereinafter in all U3 District as shown on the Zone Map or as described in future amendments.

(Ord. 31-1969. Passed 2-17-69; Ord. 15-2024. Passed 2-20-24.)

1388.01 DEFINITIONS.

As used in this chapter:

(a) "Chain-link" or "cyclone" fence means any fence that is constructed of woven wire metal, with open squares of approximately one and one-half (1.5) inches.

(b) "Clear site triangle" means the triangular space created by a diagonal line connecting two points on intersecting lines. These points are located on a right-of-way, easement of access, or pavement edge of an access drive. It shall be calculated as a right triangle with sides (other than the hypotenuse) of at least ten (10) feet in length (See Figure 1).

Figure 1

(c) "Decorative fence" means a semi-permanent or temporary fence erected primarily for aesthetic purposes, designed to enhance the appearance of the property, and does not obstruct visibility into or out of the property, garden, or landscaping. A decorative fence shall not include a fence constructed of chain link material or any other type of woven fence.

(d) "Fence" means a structure typically constructed as a panel or panels mounted on posts serving as an enclosure, barrier, or boundary including but not limited to posts, boards, wire, vinyl, or gates. Examples include board-on-board or shadow box fences.

(e) "Fence Height" means the height of the fence being measured at the Grade. If the ground is not level, then the grade shall be determined by computing the average elevation of the ground for each linear section of fence and taking the average of said total averages. Except as otherwise permitted, fence height shall be measured from the natural grade of the site or the grade approved in a site plan and not from the surface of an artificial mound or other fill.

(f) "Natural," "living," or "landscape" fence or hedge means screening intended only primarily for residentially zoned districts and comprised entirely of any living plant including shrubs, hedgerows, or similar items so arranged for the enclosure, screening, or restricting the passage of air, noise, or light of yard or part of a yard; however, they shall not impede the surrounding line of sight or corner clearance (clear sight triangle). No natural fence shall be comprised of any invasive species as determined by the Zoning Commissioner or their designee.

(g) "Ornamental" fence means a permanent fence constructed of wrought iron, tubular aluminum, or similar ornamental fence, and may include a lattice feature which may not exceed one foot in height and shall not exceed 50% coverage of open viewing

(h) "Picket" fence means any fence with vertical in-line boards no larger than the equally spaced gaps equal to the width of the boards.

(i) "Privacy" or "solid" fence means a sight-obscuring fence without any gaps in materials, erected adjacent to or around a selected use or area (such as a patio, deck, courtyard, or swimming pool), designed to screen the area behind it from observation by persons outside its perimeter.

(j) "Snow fence" means a temporary fence, constructed of lath and wire, or constructed of polyethylene or similar material and designed, used, constructed, or maintained for the primary purpose of reducing snow drifts in drives or walkways.

(k) "Split Rail" means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts.

(Ord. 117-2024. Passed 11-4-24.)

1388.02 FENCES GENERALLY.

(a) Permit Required. Except as otherwise provided in this Chapter 1388 , fences shall only be installed after the issuance of a permit approved by the Zoning Commissioner or their designee. Such permit shall become void if such fence is not erected, constructed, or altered, within one hundred twenty (120) days from the date said permit is issued. False statements or information, omissions, or work completed not according to the approved plan shall result in the permit application being deemed null and void, and may result in prosecution for submitting false documents to obtain a permit per Section 501.10 and other applicable laws.

(b) For any fence, other than a natural fence, installed on a property line, a signed and notarized agreement from all abutting property owner(s) impacted by the installation regarding the location of the fence shall be provided. Such agreement must be submitted with the application upon a form provided by the Zoning Commissioner or their designee. In lieu of a signed agreement, a survey identifying the location of the property line shall be provided. The survey shall be performed and stamped by a registered professional surveyor or engineer. The date of the stamped boundary survey shall be within the last ten years of the permit application date. A mortgage survey may not be used.

(c) Survey. The Zoning Commissioner may require the owner of the property upon which a fence is to be constructed to establish property lines upon said property through the placing of permanent stakes by a licensed surveyor. Such property lines shall be established before such fence is erected. A survey may also be required in the event an abutting property owner disputes the permit applicant's determination of a stated property line. The survey shall be performed and stamped by a registered professional surveyor or engineer. The date of the stamped boundary survey shall be within the last ten years of the permit application date. A mortgage survey may not be used.

(d) Minor Adjustment. The Zoning Commissioner, or their designee, may approve minor modifications to any of the fence standards contained in this section to accommodate for the location of above-ground or underground utilities, other existing or planned features of a development, or any other constraints or limitations towards compliance with the provisions established by this section; provided that the modifications achieve protections which are functionally equivalent to those intended by this section. Said modification shall be documented by the Commissioner, include the signature of a concurring city official, and be identified on the permit. The Zoning Commissioner shall have the same discretion and authority to modify the fence standards herein for administrative permit applications.

(e) Exterior Finish. Any side or part of the fence having poles or support material exposed shall face the interior of the property upon which the fence is installed and constructed.

(f) Maintenance and Durability Required.

(1) A fence permitted pursuant to this chapter shall be maintained in good condition. It shall be structurally sound and finished on both sides to present a rust-free uniform, appearance.

(2) Fences shall be maintained so that all parts are plumb and structurally sound.

(3) All fences shall be constructed of materials designed for durability. All elements, colors, and finishes shall be maintained after installation. This requirement for materials and durability does not apply to permitted temporary fences.

(4) The ground between any fence and a property line shall be well maintained, and free of weeds and debris at all times.

(5) These maintenance requirements shall apply to both new and existing fences.

(6) Fence posts shall be installed to a depth of at least 38 inches or as required by the Building Code, whichever depth is greater.

(g) Snow fences. No snow fence shall be erected, constructed, maintained, or used in the City except upon the following conditions:

(1) Snow fences may be used only in the months of October, November, December, January, February, and March.

(2) No snow fence shall be used so as to cause an artificial or unnatural accumulation of snow or drifting to accumulate on the property of another, in excess of that which would otherwise accumulate in the absence of such a fence. A snow fence shall not be installed closer than three (3) feet to a driveway or walkway located on an abutting property. The construction, use, maintenance, or operation of all snow fences in the City, in such a manner so as to cause unnatural accumulations of snow to be created upon the abutting property owners is hereby declared to be a nuisance, is hereby prohibited and declared unlawful.

(3) All snow fences shall be maintained in good condition so as not to become unsightly, unsafe, a nuisance, or detrimental to the surrounding area.

(h) Fences over six (6) feet from grade shall be reviewed as required by the applicable section of the Ohio Building Code.

(i) Prohibited fences.

(1) No person shall erect or maintain any fence charged with an electrical current.

(2) Except as otherwise provided in this chapter, barbed wire, razor wire, and similar materials shall not be permitted with any fence.

(3) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 599.02.

(j) Construction Site Fences.

(1) The Commissioner of Building or Zoning Commissioner may authorize a temporary fence in any zoning district: to enclose a site, when construction is underway, to protect construction work or materials, to prevent unauthorized entry to the site, or, to ensure unauthorized access to site hazards.

(2) The fence shall not prevent access to the site by emergency vehicles, and shall not obstruct visibility at street intersections.

(3) The fence shall not exceed eight (8) feet in height.

(4) The fence shall not encroach on or block any sidewalk, trail, road, or any public right-of-way.

(5) All construction fences included in this section shall require an accessory structure permit application and shall have their permit fee waived.

(6) The fence shall be removed when construction activity has been completed or discontinued for ninety (90) days or more or as otherwise required by the Zoning Commissioner or their designee.

(k) Fences surrounding pools shall conform with the requirements of Section 1741.13 and with the requirements of this chapter.

(Ord. 69-2016. Passed 6-6-16; Ord. 117-2024. Passed 11-4-24.)

1388.03 FENCES IN RESIDENTIAL DISTRICTS.

(a) Front Yard. A fence may be constructed in the front yard as follows:

(1) Decorative, natural, and split rail only. No chain link, vinyl, or other similar and permanent materials are permitted.

(2) Maximum height:

A. Decorative fences are limited to a height of three (3) feet from grade.

B. Natural fences shall be maintained and not permitted to grow to a height in excess of three (3) feet between the building line and the street line if, in the opinion of the Zoning Commissioner, such vegetation constitutes a pedestrian or traffic hazard, or otherwise declared a nuisance.

C. A horizontal split rail fence of no more than two rails which does not exceed a height of three (3) feet, is of wood material and finish, and is installed not closer than fifteen (15) inches to any sidewalk or driveway and/or property line, and does not enclose the front yard, may be constructed or maintained for landscaping purposes.

(3) Location:

A. A decorative fence shall only be installed in that part of the front yard that abuts the dwelling and at a distance from the dwelling not greater than one-half of the front yard setback.

B. A natural fence shall only be installed in that part of the front yard not less than three (3) feet from the public right-of-way.

C. On a corner lot, a natural fence may be installed in the rear yard abutting the right-of-way between the rear line of the dwelling and the rear line of the lot and shall not be closer than ten (10) feet from any intersecting driveway.

(4) No gates shall be permitted in the front yard.

(5) Front yard fences included in this section shall have their permit fee waived.

(6) Conformity with Regulations. Natural fences lawfully in existence on the effective date of this section, that do not conform with the provisions of this chapter shall be removed, altered, or replaced so as to conform with the provisions of this chapter no later than five (5) years from the effective date.

(b) Side Yard.

(1) No fence shall exceed four (4) feet above the grade within a side yard area.

(2) Fences parallel with building walls shall be set back at least four (4) feet from the exterior wall of any dwelling.

(3) Where closer than four (4) feet to a neighboring dwelling, no fence shall be permitted. Fences and/or gates perpendicular to building walls completing the enclosure of a property are exempt from this requirement.

(4) Fences and/or gates parallel with building walls may be permitted on lots whose distance between any dwelling and the property line is fifteen (15) feet or more and are not subject to the four (4) foot height provisions of subsection (b)(1) above.

(c) Rear Yard. No fence shall exceed six (6) feet above grade in a rear yard area. Fences parallel with building walls in rear yards shall be set back at least four (4) feet from any exterior dwelling wall.

(d) Rear Yard Corner Lots. On a corner lot, a solid privacy fence may be installed in the rear yard abutting a right-of-way as follows:

(1) The fence shall only be located in the area between the rear line of the dwelling and the rear line of the lot unless administratively approved by the Zoning Commissioner or their designee under provisions of Section 1388.02(d).

(2) The fence shall not exceed six (6) feet above the grade and may abut the right-of-way line.

(3) Where the fence is installed closer than ten (10) feet to the right-of-way and intersects a driveway, a clear sight triangle area abutting the driveway shall be provided.

(4) A chain link, or, other less visually obstructive ornamental metal fence, not exceeding four (4) feet in height, may be installed in the rear yard of a corner lot property, as stated above, but not subject to the sight triangle provisions of subsection (d)(3) above.

(e) Vacant Residential Lots. On a vacant lot, in common ownership with an abutting lot, where a dwelling is located; no fence shall exceed four (4) feet in height above the grade, in the area of the vacant lot located between the front and rear building lines of that abutting dwelling. For purposes of this section, abutting lots in the same ownership shall be treated as consolidated lots.

(Ord. 69-2016. Passed 6-6-16; Ord. 117-2024. Passed 11-4-24.)

1388.04 FENCES IN OTHER USE DISTRICTS.

(a) In a U3-Apartment House, U3EL-Senior Citizen Use, U4-Local Retail or Wholesale Store, U5-Commercial, US-Office Building, or a Cl-Campus Institutional Districts, fences shall be installed as follows:

(1) For properties subject to the provisions of Section 1359.06(f)(2), the buffer area shall contain an ornamental fence three (3) feet in height from the residential building line to the street and six (6) feet in height from such residential building line to the rear of the residential district property line.

(2) An ornamental fence no taller than three (3) feet from grade, may be installed in the front yard or, on corner lots, between the front line of the structure and the right-of-way line.

(3) All fences subject to the provisions of this section, other than side yard and rear yard fences, unless otherwise determined by the Zoning Commissioner or their designee, are subject to review and approval by the Architectural Review Board. The design of the fences should benefit good community appearance and alleviate the occurrence of any potential adverse conditions. The design should include the same or compatible material as the structure located on the property.

(4) No side or rear yard fence shall exceed six (6) feet above grade.

(5) Fences installed as part of an outdoor dining area subject to the provisions of Section 1359.06(k) shall conform with the requirements of this chapter and are subject to review and approval by the Architectural Review Board.

(b) In a Class U6-Industrial and Manufacturing or a Class U7-Light Industrial Park Districts, fences shall be installed as follows:

(1) An ornamental fence no taller than three (3) feet from grade may be installed in the front yard located between the main building and a public right-of-way provided that the fence shall be set back at least ten (10) feet from the right-of-way.

(2) Barbed wire may be installed on a fence provided that the barbed wire is mounted at a height not less than six (6) feet and not greater than eight (8) feet above grade and is not angled outward away from the property of the fence owner.

(3) No fence shall exceed eight (8) feet above the grade.

(Ord. 117-2024. Passed 11-4-24.)

1389.01 PURPOSE.

(a) The provisions of this chapter are intended to ensure that adequate off-street parking is provided to meet the parking needs of uses located in the City of Euclid. Off-street vehicular and bicycle parking, loading, stacking spaces and access drives shall be provided in accordance with these standards in order to relieve traffic congestion on streets; promote viable commercial and industrial areas; and protect residential neighborhoods; encourage the use of environmentally sustainable design elements; and protect the public health, safety and general welfare.

(b) The provisions set forth in this chapter also allow for a reduction in parking requirements when warranted, such as when development is easily accessible by alternate modes of transportation, including walking, biking and public transportation; when the surrounding density and development patterns foster pedestrian access; and when parking spaces can be reasonably shared by adjacent uses.

(Ord. 62-2014. Passed 6-2-14.)

1389.02 OFF-STREET PARKING FACILITIES REQUIRED.

(a) Before the issuance by the Commissioner of Buildings of a permit for the construction, enlargement, alteration or repair of any main building, the owner thereof shall have provided minimum off-street parking spaces with adequate provision for ingress and egress, and such space shall thereafter be maintained. Any off-street parking space maintained in connection with any building or use on or after the effective date of this chapter (10/14/59) shall thereafter be maintained in compliance with the code provisions in effect at the time such particular use commenced so long as the main building use remains, unless an equivalent number of such spaces are provided in another location.

(b) Any person who initiates a new use, changes the intensity of or expands an existing use on any lot shall provide off-street parking facilities, including parking spaces, circulation aisles, stacking spaces and driveways in compliance with this chapter.

(Ord. 62-2014. Passed 6-2-14.)

1389.03 DEFINITIONS AND COMPUTATIONS.

In computing the number of parking spaces required by this chapter, the following definitions and computation rules shall apply:

(a) Definitions.

(1) “Access drive.” A paved strip, which provides a vehicular connection between off-street parking spaces and a public street.

(2) “Commercial vehicle.” Any motor vehicle or trailer, including but not limited to a truck, bus, trailer and/or moving van, used for business, industrial, office or institutional purposes; or having painted thereon or affixed thereto a sign identifying a business, industry, office or institution, or a principal product or service of such.

(3) “Cross access.” A service drive providing vehicular access between two or more adjacent properties so the driver need not enter the public street system.

(4) “Fleet vehicle.” Any car, truck, van, and other vehicle, including motorized equipment which is used as part of the operation of a retail, commercial, industrial or other use, but not including a privately owned customer or employee vehicle.

(5) “Loading space, off-street.” An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.

(6) “Parking lot, public.” A surfaced area which is used for the parking of vehicles, and which does not serve any specific main use but, rather, a number of uses open to the general public, and where a parking fee may or may not be charged.

(7) “Parking lot.” An outdoor paved area made up of marked parking spaces where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a “parking area.”

(8) “Parking space.” An area, exclusive of drives, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of a motor vehicle. It may be either open land or within a structure, partially or wholly enclosed.

(9) “Stacking lane.” An area of stacking spaces and driving lane provided for vehicles waiting for drive-through service that is physically separated from other traffic and pedestrian circulation on the property being developed.

(10) “Stacking space.” An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.

(b) Computations.

(1) Unless clearly specified otherwise, where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used, and shall be the sum of the gross horizontal area of all the floors measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

(2) Where “floor area” references floor area devoted to a specific use, such as “area used by customers” or “area used for dancing, skating or assembly,” area shall be the total floor area used or intended to be used for such activity.

(3) Where seating capacity is the standard for determining parking spaces, the capacity shall be the number of seats installed or indicated, or one seat for each 24 linear inches of benches or pews; when fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of floor area of the assembly room.

(4) The parking spaces required for mixed uses and uses that have components with separate requirements (such as but not limited to hotels with meeting room space) shall be the sum of the parking required for each use or use component considered separately.

(Ord. 62-2014. Passed 6-2-14.)

1389.04 SCHEDULE OF REQUIRED PARKING SPACES.

The required number of off-street parking spaces for each facility or use shall be determined by the application of the standards noted in Schedule 1389.04(d). If the computation results in a fractional space, the number shall be rounded up to the next whole number.

(a) For a use not specified in Schedule 1389.04(d), the spaces required shall be the same as that required for a similar type use as determined by the Zoning Commissioner.

(b) The required parking spaces shall be located on the same lot with the building or use served unless shared parking is approved in accordance with Section 1389.05.

(c) The purpose of required parking spaces is to provide enough on-site parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time. Reductions to these minimum standards may be permitted as set forth in Section 1389.06.

(d) Schedule 1389.04(d):

Schedule 1389.04(d) Required Off-Street Parking Spaces
Building or Use	Minimum Parking Space
(1) Residential
A. Single-family dwelling	2 spaces per dwelling unit
B. Two-family dwelling	1.5 spaces per dwelling unit
C. Apartment building (3 or more units)	1.5 spaces per dwelling unit
D. Senior housing, independent units	1 space per unit
E. Assisted care, congregate care, nursing home	0.75 space per bed
F. Hotels, motels, tourist homes	0.75 space per guest room
G. Extended stay hotel	1 space per suite
(2) Institutions
A. Hospitals	2 spaces per bed
B. Funeral home, mortuaries	1 space per 50 sq ft of assembly rooms
(3) Amusements and Assembly
A. Dance halls, skating rinks, lodge halls, assembly rooms	1 space per 75 sq ft of area used for dancing, skating or assembly
B. Theaters, arenas, stadia, event centers, including churches/religious assembly, and other auditoriums, assembly, concert, and exhibition halls	1 for each 6 seats or total parking area equal to 3 times the gross floor area, whichever is greater. Where there are no fixed seats each 24 inches of bench or pew shall be considered 1 seat. Where there are no seats, benches, or pews, each 20 square feet of ground or floor area usable for seating shall be considered 1 seat.
C. Bowling alley	4 spaces per each alley
D. Sweepstakes terminal cafés	1 space for each 2 terminals on the premises
(4) Offices and Medical Uses
A. Professional and general business offices	1 space for each 350 sq ft of gross floor area
B. Medical and dental offices, and clinics	1 space per 200 sq ft of office area
C. Research and development, medical laboratories	1 space for each 400 sq ft of gross floor area
D. Animal clinic, veterinary office	1 space for each 300 sq ft of gross floor area
(5) Retail Business Establishments
A. Retail stores, banks, service establish-ments unless specific standard provided below(i)	1 space per 250 sq ft of gross floor area
B. Bar, tavern, live entertainment venue	1 space per 3 persons of the designed capacity of the tenants space
C. Restaurant, carry out (seating area comprises less than 10% GFA)(i)	1 space per 350 sq ft of gross floor area
D. Restaurant, dine-in(i)	1 space per 50 sq ft of area used by customers
E. Seasonal outdoor dining areas < 500 sq ft	No additional parking required
F. Seasonal outdoor dining areas > 500 sq ft	Ratio is 50% of ratio required for primary structure
G. Furniture, home furnishings, office equipment and business equipment store	1 space per 1,000 sq ft of gross floor area
H. Freestanding retail or service use < 3,000 sq ft(i)	1 space per 200 sq ft of gross floor area
I. Shopping center > 75,000 sq ft and comprised of a minimum of 3 separate businesses	1 space per 275 sq ft of leasable floor area
(6) Automotive
A. Auto service facility(i)	2 spaces per service bay
B. Car sales, indoor/outdoor	1 space per 2,000 square feet of interior or exterior sales display area, up to a total of 20 spaces
C. Car wash, automated(i)	3 spaces per wash tunnel, plus 1 per each 2 employees on largest shift
D. Car wash, self-service(i)	1 space per bay, plus 1 per each 2 employees on largest shift
E. Gasoline station(i)	0.5 space per pump plus 1 space per 500 sq ft of retail area
(7) Industrial
A. Manufacturing plants, printing, bottling, bakeries, machine shops and similar establishments	1 space per 800 sq ft of gross floor area
B. Storage and warehousing	1 space per 1,500 sq ft of gross floor area
C. Mini self-storage	1 space per 3,000 sq ft of gross floor area
Notes to Schedule 1389.04: (i) Stacking spaces for drive-through facilities shall be supplied in addition to off-street parking spaces; see Section 1389.08 for requirements.

(Ord. 62-2014. Passed 6-2-14; Ord. 9-2024. Passed 2-5-24.)

1389.05 ALLOWANCE FOR SHARED USE OF PARKING FACILITIES.

Shared parking is allowed between two or more uses to satisfy a portion of the minimum off-street parking requirement in compliance with the provisions of this section.

(a) A written legal agreement providing for the shared use of parking, guaranteeing access to, use of, and management of designated spaces; executed by the parties involved; and approved as to form by the City’s legal counsel, shall be filed with the Zoning Commissioner. The applicant shall record the approved agreement with the Cuyahoga County Recorded Documents Office prior to issuance of a certificate of occupancy. Sharing privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, parking shall be provided as otherwise required by this chapter. The agreement shall specify that the City is an approving party to any change to the agreement.

(b) The aggregate number of spaces provided shall not be less than the sum of the spaces required in Schedule 1389.05(b)(5) as calculated in the following manner:

(1) The required number of spaces for each use is calculated according to Schedule 1389.04(d).

(2) The required number of spaces for each use is then applied to the percentages for each time, according to the appropriate land use category in Schedule 1389.05(b)(5) to determine the number of required spaces. This is done for each time category.

(3) The numbers are summed for all land uses within each timeframe and the highest sum total in a timeframe is the required number of spaces.

(4) As an alternate, the Planning and Zoning Commission may agree to a proposed shared parking arrangement that is based on a shared parking feasibility study prepared by the applicant based on procedures set forth in the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other procedures as deemed acceptable by the Planning and Zoning Commission.

(5) Schedule 1389.05(b)(5):

Schedule 1389.05(b)(5)
Land Use	Weekday					Weekend
Land Use	Mid - 7am	7am - 6pm	6pm - Mid	Mid - 7am	7am - 6pm	6pm - Mid
A. Residential	100%	55%	85%	100%	65%	75%
B. Commercial	0%	100%	80%	0%	70%	60%
C. Restaurant	50%	30%	70%	5%	70%	100%
D. Hotel/Motel	100%	65%	90%	100%	65%	80%
E. Place of Assembly	0%	10%	70%	5%	70%	100%
F. Office	5%	100%	5%	0%	10%	10%
G. Industrial	5%	80%	5%	0%	10%	10%

(c) Parking spaces may be considered for sharing when located within the required distance from the proposed use as noted below:

(1) Shared spaces for residential units must be located within 300 feet of the dwelling unit entrances they serve.

(2) A minimum of 80% of the shared spaces for nonresidential units must be located within 500 feet of the principal building entrances of all sharing uses. A maximum of 20% of the spaces may be located greater than 500 feet but not less than 800 feet from the principal entrances.

(3) Clearly delineated and direct pedestrian connections shall be provided from the shared parking areas to the building entrances.

(4) Pedestrians shall not be required to cross an arterial street to access shared parking facilities except at a signalized intersection along a clearly delineated pedestrian pathway.

(5) The Zoning Commissioner may require an applicant requesting shared parking to submit a shared parking plan showing the parking spaces proposed for sharing and their proximity to the uses they will serve.

(Ord. 62-2014. Passed 6-2-14.)

1389.06 REDUCTIONS IN PARKING REQUIREMENTS.

Off-street parking requirements may be reduced based on the provisions of this section.

(a) Approval Authority.

(1) The Zoning Commissioner may approve a reduction in required parking spaces by up to 20% when the applicant demonstrates compliance with the factors set forth in division (b) below.

(2) The Planning and Zoning Commission may approve a reduction in required parking spaces by up to 50% as a conditional use in accordance with the procedures set forth in Chapter 1368, when the applicant demonstrates compliance with the factors set forth in division (b) below and can further demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites provided that:

A. The use of transit, demand management programs, and/or special characteristics of the customer, client, employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to the minimum City parking requirements, and

B. The reduction in parking will not impact adjacent uses.

(b) Reduction Factors. One or more of the following methods may be utilized to reduce off-street parking requirements:

(1) On-street parking spaces. One space for each on-street parking space that is located along the street frontage immediately adjacent to the site of the use. To qualify for this credit, an on-street parking space shall be in compliance with all city parking regulations and shall measure at least 20 feet long if a parallel space.

(2) Off-street public parking. One space for each space in a public parking lot located within 500 feet of the use served as measured by the shortest pedestrian pathway between the nearest corner of the lot and the main entrance of the use served.

(3) Transit. A 10% reduction shall be permitted for apartment buildings and non-residential uses located within 500 feet of a transit stop as measured by using the shortest pedestrian pathway between the main entrance of the use served and the transit stop.

(4) Bicycle spaces. A reduction of one space for every four on-site covered bicycle spaces or one space for every eight on-site uncovered bicycle spaces shall be permitted where employee lockers are also provided on site.

A. An additional reduction of one space is permitted for every two employee showers located on site. These reductions shall only be permitted if the applicant can show that there is adequate bicycle access to the site such as bike lanes or sharrows.

B. Bicycle parking shall conform to all design standards contained in Section 1389.11.

(Ord. 62-2014. Passed 6-2-14.)

1389.07 DEFERRED CONSTRUCTION.

Deferred construction of required spaces allows for designating a portion of land on a site that would accommodate a portion of the required parking spaces to be held and preserved as landscaped open space, rather than constructed as parking. The Zoning Commissioner may permit deferred construction of up to 30% of the required parking spaces, subject to the following:

(a) Evidence is provided by the applicant that supports the reduced parking needs.

(b) Any area of the site identified as deferred construction of parking spaces must be an area suitable for parking at a future time.

(c) Landscaping of the deferred construction area must be in full compliance with this Code and, at a minimum, landscaped with turf or live groundcover.

(d) The deferred construction area cannot be used for any other use and must be part of the same parcel and all under the same ownership.

(e) As part of the plan review process, the applicant must show the area of deferred construction on the site plan and marked as “Deferred Construction of Required Parking.”

(f) The Zoning Commissioner, on the basis of observed increased parking demand for the use, may require the conversion of all or part of the deferred construction area to off-street parking spaces.

(Ord. 62-2014. Passed 6-2-14.)

1389.08 REQUIRED STACKING SPACES.

For any use having a drive-through facility or an automotive use with service bays, stacking spaces shall be provided in compliance with the following:

(a) A minimum number of stacking spaces shall be provided as follows:

(1) Drive-through at financial institution:	4 for the first drive-through window, plus 2 for each additional customer service window and 1 for each ATM station
(2) Restaurant:	6 per drive-through window measured from the order board or station
(3) Freestanding ATM kiosk:	2 per kiosk/ATM screen
(4) Car wash, automated or self-service:	3 per bay, stall or wash tunnel
(5) All other uses:	3 per window, station or bay
(6) The Planning and Zoning Commission may require additional stacking spaces when determined necessary, in accordance with Section 1368.07.

(b) Stacking spaces and lanes for drive-through stations and automotive service bays shall be located on the site so as not to impede on- and off-site traffic movements and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building.

(c) Drive-through and service bay lanes used for stacking shall be separated from off-street parking areas and circulation aisles in compliance with the following:

(1) Individual lanes shall be distinctly delineated through markings on the pavement.

(2) Approach lanes for drive-through and service bay facilities shall be designed with not less than 12 feet per lane width.

(3) All drive-through and service bay facilities shall be provided with a bypass lane with a minimum width of ten feet.

(d) Each stacking space shall be a minimum of ten feet by 20 feet.

(Ord. 62-2014. Passed 6-2-14.)

1389.09 PARKING DESIGN STANDARDS.

Off-street parking areas shall be designed and constructed in accordance with the minimum dimensions set forth in Schedule 1389.09(a), based on the angle of the spaces. Figure 1389.09(e) illustrates the requirements for each angle scenario.

(a) Schedule 1389.09(a):

Schedule 1389.09(a)
	Parallel	45 Degrees	60 Degrees	75 Degrees	90 Degrees
(1) Width of parking space	12 t.	9 ft.	9 ft.	9ft.	9ft.
(2) Length of parking space	22 ft.	18 ft.	18 ft.	18 ft.	18 ft.
(3) Min. aisle width (one-way circulation)	12 ft.	14 ft.	16 ft.	19 ft.	22 ft.
(4) Min. aisle width (two-way circulation)	24 ft.	22 ft.	22 ft.	22 ft.	24 ft.

(b) All required parking spaces shall have direct access to a private driveway, access drive or circulation aisle without the need to move any other vehicle.

(d) 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 on the surface.

(e) Figure 1389.09(e) Illustration of Parking Design Standards:

(Ord. 62-2014. Passed 6-2-14; Ord. 24-2018. Passed 2-20-18.)

1389.10 REGULATIONS FOR ACCESS DRIVES.

Entrance and exit access drives to accessory parking spaces shall be provided in accordance with the following:

(a) One, two and three-family access drives shall be of a width and location as may be approved by the Director of Public Service.

(b) Institutional, multi-family, commercial and industrial access drives shall be no less than 12 feet per directional lane.

(c) Access drives shall be of overall width and placement to minimize interference with normal traffic movements on a street and shall be sized and located as approved by the Director of Public Service. Such driveways shall be kept open and unobstructed.

(Ord. 62-2014. Passed 6-2-14.)

1389.11 BICYCLE PARKING DESIGN STANDARDS.

When bicycle parking spaces are provided in exchange for one or more required vehicular parking space, the following design standards shall apply:

(a) Location of Bicycle Parking Spaces.

(1) The bicycle parking area shall be convenient to building entrances and street access, but shall not interfere with normal pedestrian and vehicle traffic. For passive security purposes, the bike parking shall be well-lit and clearly visible to building occupants or clearly visible from the street.

(2) Uncovered bicycle parking spaces shall be no more than 50 feet from the principal building entrance and at the same grade as the sidewalk or an accessible route.

(3) Covered bicycle parking spaces shall be located in a secure location in an area that is easily accessible from the public right-of-way and building entrances. A secure location shall be one of the following: a locked room, a fenced area with a locked gate, or a location within view or within 100 feet of an attendant or security guard.

(4) Bicycle parking for residential uses may be provided in garages, storage rooms and other resident-accessible, secure areas. Space within dwelling units or on balconies are not counted toward satisfying bicycle parking requirements.

(b) Design of Bicycle Parking Spaces.

(1) Required bicycle spaces must have a minimum dimension of two feet in width by six feet in length, with a minimum overhead vertical clearance of seven feet. Each bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide between each row of bicycle parking to allow room for bicycle maneuvering.

(2) The area devoted to bicycle parking must be surfaced as required for vehicle parking areas.

(3) Bicycle racks must support the bicycle in a stable position. Structures that require a user-supplied locking device must be designed to easily allow a high-security U-shaped lock to secure the bike frame and one wheel while both wheels are still on the frame’s brackets. All racks must be securely anchored to the ground or a structure to prevent the rack from being removed from the location.

(Ord. 62-2014. Passed 6-2-14.)

1389.12 CONDITIONS OF PARKING AREAS.

(a) Surface. All parking areas, access drives and maneuvering areas shall have a smoothly graded, pavement stabilized and dustless surface and be provided with adequate drainage. There shall be adequate bumper guards or curbing where needed to prevent damage to landscaped and lawn areas.

(b) Lighting.

(1) For one, two and three-family dwellings, when provided, lighting shall be arranged, shielded and directed to limit exposure to adjacent residences.

(2) For institutional, multi-family, business and industrial uses, parking shall be provided with adequate lighting while parking is in use. Any outdoor lighting fixture used to illuminate an off-street parking area shall be full cut-off type fixtures, except for decorative light fixtures (See Figure 1) and shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic.

Figure 1

(1) Required parking spaces for one to three-family or multi-family residential buildings shall not be provided in a front yard except as provided in division (c)(2) below. If parking is provided in a side yard, it shall be located a minimum of three feet from the side lot line. For one to three-family houses temporary incidental parking may be located in a front yard access drive; however, permanent parking spaces shall not be installed in front of a required setback building line as established in Chapter 1385 or on the official zoning map except as provided in division (c)(2) below.

(2) For properties with existing attached garages forming a portion of a front building line: one permanent parking space may be located in the front yard on a paved area adjacent to the access drive provided that the total width of the access drive and the parking space shall not exceed eighteen feet and shall not be closer than three feet to the side lot line.

A. The additional pavement for the additional parking space shall be configured to permit vehicle movement over paved access to the space but shall not abut the public right-of-way unless expansion of the drive apron and curb cut is approved by the Director of Public Service.

B. The additional pavement for the additional parking space, including pavement necessary for turning into the space, shall conform to the following requirements:

1. Shall be configured to permit vehicle movement over paved access to the parking space;

2. Shall not exceed twenty-five feet in length;

3. Shall not extend more than thirty feet from the front line of the attached garage;

4. Shall not extend closer to the public right-of-way than five feet unless approved by the Director of Public Service.

(3 ) Parking spaces for conditional uses in a U1, U2 or multi-family district shall conform to plans approved in the conditional use approval process described in Chapter 1368.

(4) The location of all parking spaces/parking lots shall comply with setback requirements, landscaped buffer requirements, and other provisions of the district in which the parking lot is located.

(d) Landscaping on the Interior of Parking Lots. Landscaped islands shall be provided in the interior of parking lots in accordance with the following requirements:

(1) For any parking area designed to accommodate 50 or more vehicles, landscaped islands totaling not less than 7% of the total area of off-street parking areas shall be integrated into the parking areas to visually break up large expanses of paving and provide shading.

(2) Landscaped islands shall be a minimum of 100 square feet in area with a minimum width of five feet, and shall be curbed.

(Ord. 62-2014. Passed 6-2-14; Ord. 95-2016. Passed 9-6-16.)

1389.13 OFF-STREET LOADING SPACE.

Loading or unloading docks or platforms shall be provided for all nonresidential buildings hereafter erected or converted to such use. Such docks or platforms shall be not less than 12 feet wide, with a 14-foot height clearance, and located not less than 50 feet back from the building line along the street or alley, or not less than 80 feet from the centerline of the street.

(Ord. 62-2014. Passed 6-2-14.)

1389.14 PARKING COMMERCIAL VEHICLES IN PARKING LOTS.

The parking and/or storage of a commercial vehicle on private property shall comply with the following standards based on the zoning district in which the property is located.

(a) U1 and U2 Districts. The parking of a commercial vehicle shall be in compliance with the home occupation regulations in Section 1377.01(e).

(b) U3 and U3EL Districts. Only commercial vehicles that are associated with the maintenance of a multifamily residential development may be parked or stored on site, in compliance with the following.

(1) The commercial vehicle shall not exceed seven feet in height or 20 feet in length.

(2) Any commercial vehicle that has a sign graphic, either attached or painted on the vehicle, which exceeds four square feet in area shall be parked in an enclosed garage or in a side or rear yard.

(c) U4 and Campus Institutional Districts. The overnight parking and/or outdoor storage of commercial vehicles shall comply with the following:

(1) The overnight, outdoor storage of a commercial vehicle shall be permitted only when the vehicle meets the definition of a fleet vehicle used in the operation of the principal use located on the lot.

(2) Not more than three fleet vehicles shall be stored or parked overnight outdoors on a lot.

(3) The overnight, outdoor parking or storage of a fleet vehicle shall be located in the side or rear yard in the off-street parking areas.

(4) The maximum length of the stored or parked fleet vehicle shall be 30 feet.

(5) Any area used for outdoor overnight parking or storage of a fleet vehicle shall be adequately screened from the adjacent properties in accordance with Sections 1359.05 and 1359.06.

(6) No semi-tractor, cab, trailer, or tractor-trailer shall be parked or stored outdoors overnight.

(d) U5, U6, U7 and U8 Districts. The overnight parking and/or outdoor storage of commercial vehicles shall comply with the following:

(2) The overnight, outdoor parking or storage of a fleet vehicle shall be located in the side or rear yard in the off-street parking areas.

(3) In a U5 District, the area of the lot devoted to the outdoor storage of fleet vehicles shall not exceed 150% of the ground floor area of the principal building.

(4) Any area used for outdoor overnight parking or storage of a fleet vehicle shall be adequately screened from the adjacent properties in accordance with the landscape buffering requirements of the district in which the lot is located.

(5) The foregoing sections 1389.14(d)(1) - (d)(4) do not apply to multiple shift operations in a U6 District.

(Ord. 62-2014. Passed 6-2-14; Ord. 25-2018. Passed 2-20-18; Ord. 15-2024. Passed 2-20-24.)

1389.15 PARKING SPACES FOR PERSONS WITH DISABILITIES.

In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities.

(Ord. 62-2014. Passed 6-2-14.)

1390.01 INTENT AND PURPOSE.

This chapter establishes sign regulations, including provisions to control the type, design, size, location and maintenance of signs, in order to achieve the following purposes:

(a) To enable the public to locate goods, services and facilities without difficulty or confusion;

(b) To protect property values, public investment and overall neighborhood character by preventing conditions that have undesirable impacts on surrounding properties;

(c) To promote the development of attractive and harmonious residential districts, viable retail and commercial districts and appropriately identified industrial uses;

(d) To ensure that signs are designed and located to reduce sign distraction and confusion that may be contributing factors to traffic congestion and accidents and maintain a safe and orderly pedestrian and vehicular environment.

(e) It is not the purpose or intent of this chapter to prefer or favor commercial messages or speech over noncommercial messages or speech or discriminate between types of noncommercial speech or the viewpoints represented therein.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.02 APPLICATION OF SIGN REGULATIONS.

Signs shall be designed, erected, altered, moved, displayed and maintained in accordance with the regulations set forth in this chapter.

(a) The provisions of this chapter shall not amend or in any way interfere with the other codes, rules or regulations governing traffic signs within the City.

(b) The regulations contained in this chapter shall apply to signs outside of the public right-of-way, except when specifically stated otherwise.

(c) The owner of any sign, which is otherwise permitted by this chapter, may substitute noncommercial copy or message in lieu of any other commercial or noncommercial sign copy or message.

(d) Architectural Features. Architectural features that are either part of the building or part of a free-standing structure are not considered signs and are thus not governed by these regulations. Architectural features include:

(1) Any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general.

(2) Graphic stripes and other architectural painting techniques applied to a structure that serves a functional purpose or to a building when the stripes or other painting technique do not include lettering, logos or pictures.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.03 DEFINITIONS.

As used in this chapter, the terms listed below shall be interpreted according to the following definitions:

(a) “Sign.” Any device, structure, fixture, painting or visual image designed to be seen from an outdoor location and using graphics, symbols, letters or numbers for the purpose of conveying a message or advertising or identifying any establishment, product, goods or service.

(b) Signs by Use Type. For the purpose of identifying permitted signs, all signs are classified by use type and defined as follows:

(1) “Billboard.” A sign directing attention to a specific business, product, service, entertainment activity or other commercial activity sold, offered or conducted elsewhere than upon the lot on which the sign is located.

(2) “Directional sign.” A sign indicating a direction or a location to which pedestrian or vehicular traffic is requested to move, including identifying the entrance to or exit from the lot.

(3) “Identification sign.” A sign intended to identify or name a building, business, institution, residential development or other use located on the site.

(4) “Instructional sign.” A sign that has a purpose secondary to the use on the lot and which is intended to:

A. Instruct employees, customers, or other users as to matters of public safety or necessity, such as signs for handicapped parking, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization, or private industry that is intended to control traffic;

B. Direct, identify or inform the public; or

C. Provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.

(5) “Nameplate.” A sign indicating the name, address and/or profession of a person or persons occupying a building.

(6) “Political sign.” A sign advocating action on a public issue, indicating a candidate for public office, or expressing an idea, opinion or belief and containing no commercial message.

(7) “Real estate/development sign.” A temporary sign promoting the rental, sale or lease of property, or the construction activities underway on a lot.

(c) Signs by Structural Type. For the purpose of identifying permitted signs, all signs and particular related objects are classified by structural type and defined as follows:

(1) “Banner.” A temporary sign made of lightweight fabric or similar material that is mounted to a building or other structure at one or more edges.

(2) “Building sign.” Any identification sign attached parallel to any part of a building and including wall signs and canopy signs,

(3) “Changeable copy sign.” A sign or portion thereof on which the sign copy and/or graphics are not permanently affixed to the structure, framing or background allowing the letters, characters, or graphics to be modified manually or by electronic or mechanical devices from time to time, such as a bulletin board or announcement board.

(4) “Canopy sign.” A sign attached to or printed on the fascia or valence of a canopy, awning or marquee.

(5) “Under-canopy sign.” A sign hanging from the soffit (underside) of a canopy or awning, intended to be viewed by pedestrians walking under the canopy.

(6) “Free-standing sign.” A sign that is not attached to a building and which is either attached directly to the ground, placed directly on the ground, displayed on a natural or man-made object (other than a building), or elevated on a pole or other supporting structure attached to the ground.

(7) “Inflatable sign.” A sign made of flexible material, or fabric that is made to take on a three-dimensional shape (to blow up like a balloon) when filled with a sufficient volume of air or gas. Commonly used as a temporary sign for special events or promotions.

(8) “Permanent sign.” A sign that complies with the construction standards of this chapter and is not a temporary sign.

(9) “Portable (mobile) sign.” A temporary sign that is designed to be moved and is not permanently attached to any part of a building or to the ground.

(10) “Projecting sign.” A sign that is attached to a building wall and extending 12 or more inches beyond the building at an angle therefrom.

(11) “Roof sign.” A sign created upon and completely on or over the roof or parapet wall of any building.

(12) “Temporary sign.” A sign that is designed to be used only temporarily for a duration less than the occupancy of the use, is not intended to be permanently secured in the ground or to a building or other permanently located structure, and which contains information or message other than the name of the business or occupant.

(13) “Wall sign.” A sign attached to or displayed or painted on an exterior wall in a manner parallel with the wall surface and not projecting more than 16 inches from such surface, and which does not project above the roofline or beyond the corner of the building.

(14) “Window sign.” A sign that is applied or attached to a window or glass portion of a door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building, except for signs that are not legible from a distance of more than three feet beyond the building in which such sign is located.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.04 COMPUTATIONS AND RULES OF MEASUREMENT.

Sign face area, sign height and sign location, as regulated in this chapter, shall be measured according to the following standards:

(a) Determining Sign Area or Sign Dimension. Standards to compute the amount of sign area permitted by these regulations are established as follows:

(1) Sign area. Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support unless such structural support is determined to constitute an integral part of the sign design.

(2) Signs in a panel.

A. Whenever a sign is located within a structural object designed to form a distinct background area or frame for the display of a sign's information - including all non-opaque surface area of an internally illuminated canopy or wall panel displaying signage or is otherwise outlined or a sign is painted so that it appears to have a background, the sign area shall be measured to include the entire surface of the sign panel encompassed by one geometric shape.

B. For a double-sided projecting or free-standing sign, only one side of the panel shall be included in the measurement if the two sign faces are in parallel arrangement or within 30 degrees of being parallel to each other and are at no point separated by more than three feet.

(3) Non-panel signs. For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped ground sign or projecting sign, the area of the sign shall be measured to include the entire area within a single, continuous perimeter composed of not more than three rectangles that enclose the letters or characters of the sign.

(b) Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a street or that contains a public entrance to the uses therein shall be considered the building frontage.

(1) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls (excluding any roof overhang or non-bearing decorative walls).

(2) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.

(3) A building shall have only one building frontage except as otherwise set forth Section 1390.04(b)(4) below.

(4) A building shall have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The two building frontages shall be further defined as the primary frontage and the secondary frontage:

A. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage.

B. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.

C. This provision shall also apply to buildings or building units adjoining a freeway right-of-way.

(5) For multi-occupant buildings, a building unit is defined as the portion of the ground floor of a building, containing an entrance from the building exterior, and separated from space leased by a different tenant by a party wall or walls. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.

(d) Measurement of Window for Sign Coverage. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than 15 feet in height above grade. For windows with multiple panes, a window panel shall encompass all glass panes that are separated from one another by an opaque panel less than four inches wide.

(e) Sign Height. The height of a free-standing sign shall be measured from the average natural grade at the base of the sign or support structure to its topmost element. However, if the support of a free-standing sign is attached to any man-made base, including a graded earth mound, the sign height shall be measured from the grade of the nearest street, drive or parking area, as determined by the Zoning Commissioner.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.05 PERMANENT SIGNS IN NONRESIDENTIAL DISTRICTS.

Permanent signs in nonresidential districts (U4, U5, U6, U7, U8 and CI districts) shall conform to the standards set forth in this section.

(a) Maximum Number and Area of Permanent Signs Attached to Buildings. Permanent signs attached to buildings shall conform to the maximum number and area limitations set forth in Table 1390.05(a). In addition to the sign area permitted in Table 1390.05(a), each building shall be permitted to display numerals indicating the building's street address, provided the numerals and letters do not exceed six inches in height.

Table 1390.05(a) Permanent Signs Attached to Buildings
Type	Maximum Number Permitted	Maximum Area
(1) Nameplate	1/address	2 sq. ft.
(2) Building sign	Limited by maximum area	1.5 square feet per linear foot of building frontage(a)
(3) Window sign	Not limited	25% of each ground floor window panel(b)
(4) Projecting sign	1/ground floor occupant(c)	12 sq. ft.(c)
(5) Under-canopy sign	1/ground floor occupant	6 sq. ft.
(6) Instructional Sign	Shall be exempt from regulations when in compliance with Section 1390.08
(a) See also Section 1390.05(b) (b) See also Section 1390.05(c) (c) See also Section 1390.05(d)

(b) Building signs. The area permitted for identification sign(s) that are attached parallel to the building wall shall be related to the width of the building or unit and is governed by the formula set forth in Table 1390.05(a) and may include one or more wall sign or canopy sign erected in compliance with the following additional regulations.

(1) Building sign area and location. The maximum allowable area for building signs set forth in Table 1390.05(a) shall be the area allowed for the occupant's primary frontage. The allowable sign area shall be permitted to be installed only on the primary frontage

(2) Corner lots and public entrances not fronting a street. In the event an occupant has a secondary frontage as defined in Section 1390.04(b)(4) additional sign area shall be permitted in compliance with the following:

A. The additional building sign area shall be 50% of the building sign area permitted for the primary frontage.

B. The property owner may locate the permitted building sign area on the primary and secondary frontage, provided the building sign area on any one wall does not exceed the formula set forth in Table 1390.05(a)(2) and signs are attached to no more than two exterior walls.

(3) Large building setbacks. The maximum allowable area for a building sign may be increased by 25% for each 100 feet of building setback when the principal building is located more than 100 feet from the street on which the building is located and the building is visible from the street, not to exceed 200% of the maximum allowable area.

(c) Window Signs for Upper Story Occupants. For a multi-story building, each occupant above the ground floor shall be permitted one permanent sign to be placed in a window panel of the occupant's space, not to exceed six square feet or 25% of the area of the window panel in which the sign is placed, whichever is smaller.

(d) Projecting Signs.

(1) Projecting signs shall be limited to occupants that have a minimum of 18 feet of ground floor building or unit frontage.

(2) A projecting sign shall not extend above the wall to which it is attached, shall not extend horizontally more than four feet from the wall surface, shall not extend closer than two feet to a curb, and shall not be located within four feet of an interior side lot line or party wall.

(3) The two sign faces of a projecting sign shall be separated by no more than two (2) feet.

(4) The maximum height permitted for projecting signs shall be 18 feet and the minimum clearance shall be eight feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign.

(5) In exchange for one square foot of the permitted building sign area, the area of a projecting sign may be increased by a corresponding one square foot. The maximum area exchanged from the building sign area to the projecting sign area shall be four square feet and such area shall be in addition to the projecting sign area permitted in Table 1390.05(a).

(e) Maximum Number and Area of Permanent Free-standing Signs.

(1) Permanent free-standing signs shall comply with the maximum number, area and height limitations and minimum setback from the street right-of-way set forth in Table 1390.05(e)(1).

Table 1390.05(e)(1) Permanent Free-standing Signs
Type	Maximum Number	Maximum Area	Maximum Height	Minimum Setback(a)
A. Free-standing Identification Sign(b) based on zoning district and street frontage
1. In U4 and CI Districts	1 per lot(c)	30 sq. ft.(c)	5 ft.	Equal to height of sign
2. In U5, U6, U7and U8 Districts	1 per lot(c)	40 sq. ft.(c)	5 ft.	Equal to height of sign
3. Large retail centers	(d)	(d)	20 ft.	15 ft.
B. Freeway identification sign(e)	1 per lot	160 sq. ft.	36 ft.	15 ft.
C. Directional signs	2 per driveway (1 in, 1 out)	4 sq. ft.	3 ft.	3 ft.
D. Instructional signs	Shall be exempt from regulations when in compliance with Section 1390.08.
(a) Minimum setback from the street right-of-way. (b) Not permitted in front of a building when the building is located less than ten feet from the street line. (c) Except as otherwise permitted in Section 1390.05(e)(2)B. for lots that exceed 200 feet in street frontage. (d) See Section 1390.05(e)(3). (e) See Section 1390.05(e)(4).

(2) Additional ground signs. The number and area of free-standing identification signs may be increased according to the following:

A. Corner lots. One additional free-standing identification sign shall be permitted for a corner lot provided that:

1. The total frontage of both streets shall not be less than 300 feet;

2. Each free-standing identification sign shall comply with Table 1390.05(e)(1), except that the total area of both free-standing signs shall not exceed 175% of the maximum area permitted for a single sign;

3. The second free-standing identification sign shall be clearly located to provide identification along the secondary street; and

4. The two signs may be aggregated into a single free-standing identification sign at the corner provided that the area of any free-standing sign shall not exceed 150% of the maximum area permitted for a single sign.

B. Large lots. Additional sign area shall be permitted when the frontage of the lot exceeds 200 feet, according to the following regulations:

1. The allowable area of a free-standing identification sign may be increased by four square feet of area for every 50 lineal feet of lot frontage greater than 100 lineal feet.

2. The allowable area pursuant to this section may be distributed to one free-standing identification sign for each 300 feet of the lot frontage or fraction thereof, but shall not exceed the number of entrance drives.

3. Notwithstanding any provision of this section, the area of any free-standing identification sign shall not exceed 40 square feet.

4. Additional sign area shall not be granted for free-standing signs along Lakeland Blvd.

(3) Large retail centers. For retail centers with a minimum of 50,000 square feet of retail floor area, the sign area permitted shall be 40 square feet plus eight square feet for every 10,000 square feet greater than 50,000.

A. The maximum area of any one free-standing sign shall be 125 square feet.

B. The permitted sign area may be distributed among multiple free-standing signs, limited to one free-standing sign per lot entrance drive.

(4) Freeway sign. In order to provide information to travelers on Interstate 90, parcels within 100 feet of the Interstate 90 right-of-way shall be permitted a freeway sign, which shall be in addition to a free-standing identification sign permitted in Table 1390.05(e)(1), Section A. The freeway sign shall be located on the business premises and shall be set back a minimum of 30 feet from interior lot lines and 50 feet from Residential District lines. Such sign shall be oriented for readability principally from the freeway.

(5) Multi-occupant facilities. When a free-standing identification sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.

(6) Minimum sign setback from side lot lines, intersections and driveways. Free-standing identification signs shall be located a minimum of 20 feet from any side lot line and shall comply with the location requirements set forth in Section 1390.10(a) to maintain visibility at intersections.

(7) Landscaping. Ground signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots. The landscaping shall not obstruct the view of vehicles entering or exiting the property.

(8) Changeable copy. Permanent free-standing signs may have a portion of the permitted sign area devoted to changeable copy, in compliance with the following:

A. For signs on which copy is changed manually through placement of letters or symbols on a sign panel, 75% of the sign panel shall be permitted to be changeable copy.

B. For signs on which the copy changes electronically, a maximum of 75% of the sign area shall be permitted to be changeable copy.

C. Electronic changeable copy signs shall comply with the regulations set forth in Section 1390.09(a).

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.06 PERMANENT SIGNS IN RESIDENTIAL DISTRICTS.

Permanent signs in residential districts (U1, U2, ASF, U3, and U3EL districts) shall conform to the standards set forth in this section.

(a) Maximum Number and Area of Permanent Signs Attached to Buildings. Permanent signs attached to buildings shall conform to the maximum number and area limitations, based on type of use, as set forth in Table 1390.06(a). In addition to the sign area permitted in Table 1390.06(a), each building shall be permitted to display numerals indicating the building's street address, provided the numerals and letters do not exceed three inches in height.

Table 1390.06(a) Permanent Signs Attached to Buildings
Type	Maximum Number Permitted	Maximum Area per Sign
(1) Single-family, two-family and attached single-family dwellings: nameplate	1 per dwelling unit(a)	2 sq. ft.
(2) Apartment buildings: nameplate	1 per public building entrance	2 sq. ft.
(3) Nonresidential uses
A. Nameplate	1 per address	2 sq. ft.
B. Building sign	1 per building	40 sq. ft.
C. Instructional signs	Shall be exempt from regulations when in compliance with Section 1390.08.

(b) Regulations for Permanent Free-standing Signs.

(1) Permanent free-standing signs shall comply with the maximum number, area and height limitations and minimum setback from the street right-of-way set forth in Table 1390.06(b)(1).

Table 1390.06(b)(1) Permanent Free-standing Signs in Residential Districts
Type	Maximum Number Permitted	Maximum Area per Sign	Maximum Height	Minimum Setback from ROW
A. Single-family, two-family and attached single-family dwellings identification sign	1/building	2 sq. ft.	3 ft.	10 ft.
B. Subdivision entrances identification sign	2 per subdivision entrance	20 sq. ft.	4 ft.	0
C. Apartment building identification sign	1 per vehicular entrance	24 sq. ft.	4 ft.	Equal to height of sign
D. Nonresidential use identification sign	1 per vehicular entrance	24 sq. ft.	4 ft.	Equal to height of sign
E. Directional sign for apartments and nonresidential uses	2 per driveway (1 in, 1 out)	4 sq. ft	3 ft.	0
F. Instructional signs	Shall be exempt from regulations when in compliance with Section 1390.08.

(2) Landscaping. Free-standing signs shall be erected in a landscaped setting and not on sidewalks, drives or in parking lots. Neither the landscaping nor the ground sign shall obstruct the view of vehicles entering or exiting the property.

(3) Subdivision signs. Subdivision entrances shall be permitted a maximum of two sign faces per entrance, which may be either one double-sided free-standing sign, or two single-sided free-standing signs located one on each side of the street entrance.

(4) Minimum sign setback from side lot lines, intersections and driveways. Free-standing identification signs shall be located a minimum of 20 feet from any side lot line and shall comply with the location requirements set forth in Section 1390.10(a) to maintain visibility at intersections.

(5) Changeable copy on nonresidential use identification signs. Permanent free-standing signs for nonresidential uses in residential districts shall be permitted to have copy that is changed manually through placement of letters or symbols on a sign panel. A maximum of 75% of the sign panel shall be permitted to be changeable copy.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09; Ord. 15-2024. Passed 2-20- 24.)

1390.07 TEMPORARY SIGNS.

(a) Temporary Signs In Nonresidential Districts. Districts shall comply with the following regulations:

(1) Temporary window signs. Temporary window signs are permitted in addition to permanent window signs provided the total of all window signs shall not exceed 50% of the window panel in which they are displayed.

(2) Temporary banners, pennants and similar advertising devices.

A. The area of all banners displayed for a use shall be limited to 25% of the permitted permanent building sign area.

B. Any number of strips of pennants, streamers, balloons not exceeding 24 inches in diameter and similar small objects are permitted provided each is adequately secured to either a structure or the ground.

C. Each use shall be permitted to display banners, strips of pennants, streamers, balloons and similar small objects for a period of no more than 30 days within any 90-day period.

(3) Temporary free-standing signs.

A. Real estate/development free-standing signs. Each lot shall be permitted to erect one temporary sign for an unspecified period. Such temporary sign shall not exceed 16 square feet in U-4 and C-1 Districts and 32 square feet in U-5, U-6, U-7, and U-8 Districts. This provision is intended to be used to erect a real estate/development sign.

B. Other temporary free-standing signs. Each lot shall be permitted to erect one temporary sign to be displayed for a period of no more than 30 days within any 90-day period. Such temporary sign shall not exceed 32 square feet.

C. Height and setback. All temporary free-standing signs shall have a maximum permitted height of five feet and shall be located a minimum of ten feet from the public right-of-way and ten feet from the side lot line.

D. Temporary portable free-standing signs in U-4 Districts. Whenever a building in a U-4 District is set back less than 20 feet from the public right-of-way, a temporary portable sandwich board sign or similar type of temporary sign shall be permitted in lieu of the temporary free-standing sign permitted above:

1. Such sign shall be placed no more than five feet from the front of the building and may encroach upon the public right-of-way provided an unobstructed walkway is reserved for public passage.

2. Such sign shall not exceed three feet in height and two feet in width.

3. Such sign shall be placed indoors at the close of each business day.

(4) Temporary inflatable signs. Inflatable signs shall be permitted only in accordance with the following regulations and other applicable regulations of this chapter:

A. Parcels within 100 feet of the Interstate 90 right-of-way shall be permitted to erect one inflatable sign to be displayed for a period of no more than 30 days within any 90-day period.

B. Inflatable signs shall be set back from any lot line a minimum of 20 feet.

130M Sign Chapter 1390.07

C. Inflatable signs shall be ground-mounted or attached to supports and guy wires that are ground-mounted or securely attached to the building roof in such a manner to ensure the inflatable sign does not encroach upon the air rights of adjoining properties.

D. Inflatable signs shall not be secured to any mechanical equipment, parapet walls or other items normally found on the roof of structures.

E. Inflatable signs shall not be installed below or within ten feet horizontally of any electrical conductor, fire alarm conductor or other similar installation.

(b) Temporary Signs in Residential Districts. Temporary signs in Residential Districts shall comply with the following regulations:

(1) Area and height limits. Temporary signs in Residential Districts shall conform to the area, height, and setback regulations set forth in Table 1390.07(b)(1).

1390.07(b)(1) Regulations for Temporary Signs in Residential Districts
Use Type	Maximum Number Permitted	Maximum Total Area per Type	Maximum Area per Sign	Regulations for Ground Signs
				Maximum Height	Minimum Setback from ROW
A. Single-Family Dwellings, Duplexes and Townhomes:
1. Window	per unit	4 sq. ft.	4 sq. ft.	—	—
2. Free-standing	5 per lot	30 sq. ft.	6 sq. ft.	4 ft.	10 ft.
B. Apartment Buildings
1. Window	per unit	4 sq. ft.	4 sq. ft.	—	—
2. Free-standing	2 per building	32 sq. ft.	16 sq. ft.	5 ft.	10 ft.
C. Nonresidential Uses
1. Free-standing	2 per lot	32 sq. ft.	16 sq. ft.	8 ft.	10 ft.
2. Banner attached to building	per parcel(a)	32 sq. ft.	16 sq. ft.
(a) No limit on the number of this type of sign provided the total area of this type does not exceed the maximum area permitted.

(2) Temporary signs shall be permitted to contain a commercial message only for a business being conducted at the parcel, building or lot, or for real estate sale, lease or rent of the property.

(3) Each lot shall be permitted to erect one temporary sign in compliance with the permitted area set forth in Section 1390.07(b)(1) above for an unspecified time. This provision is intended to be used to erect a real estate/development sign or political sign.

(4) All other temporary free-standing signs and banners shall be permitted for a maximum of 30 consecutive days, and not more than a total of 90 days per calendar year, after which time the sign shall either be removed or replaced.

(5) Temporary free-standing signs shall not be located in the public right-of-way and shall not be closer than ten feet to a side lot line.

(6) In addition to the above, one temporary free-standing sign promoting a garage sale or other similar household sale shall be permitted for single-family and two-family dwellings and attached single-family units in accordance with the following regulations:

A. Maximum number of signs: one per lot or townhouse unit.

B. Maximum sign area: four square feet per sign.

C. Maximum height: three feet for free-standing signs.

D. Location: five feet minimum setback from every lot line.

E. Display period: no more than three four-day periods per year.

(c) Carnivals and Festivals. Notwithstanding the regulations of this chapter, additional temporary signs may be permitted for carnivals and open-air festivals approved on nonresidential lots. Temporary signs, including banners, portable signs, and free-standing signs shall be permitted for nonprofit advertising for no more than a three-day period four times in any calendar years, when approved as part of a temporary use permit.

(d) Removal. Temporary signs that are erected in order to announce or advertise a specific event shall be removed within seven days after the close of such event.

(e) Safety Standards. Temporary signs shall comply with the regulations of the Building Code and other applicable codes.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.08 INSTRUCTIONAL SIGNS.

Instructional signs that are clearly intended for instructional purposes shall be permitted as needed provided such signs comply with the following:

(a) The signs are not larger than necessary to serve the intended instructional purpose.

(b) The number of instructional signs located on the site are the minimum needed to serve the intended instructional purpose.

(d) The signs are not in a location and do not possess design characteristics that constitute or serve to attract attention beyond the perimeter of the site.

(e) Signs at Service Islands. Stations shall be permitted instructional signs at fuel or other service islands which display information regarding type of service or are necessary in directing or instructing the motorist who has entered the station area. Signs not extending beyond the edges of fuel pumps are permitted and shall not be counted as business identification signs.

(f) Drive-Through Restaurants. For restaurants providing direct service to customers in motor vehicles, a free-standing or wall-mounted “menu board” sign (limited to information regarding the restaurant's menu and related instructions) shall be permitted for each drive-through lane in addition to sign area otherwise permitted. The structure on which the information is posted shall not exceed 40 square feet in area and six feet in height and shall meet the building setback regulations.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.09 ILLUMINATED AND CHANGEABLE COPY SIGNS.

(a) Electronic Changeable Copy Sign. Electronic changeable copy signs, when permitted on a lot, shall meet the following standards.

(1) Permitted locations and duration. Electronic changeable copy signs shall only be permitted in nonresidential districts.

A. All portions of the message shall have a minimum duration of eight seconds and must be a static display.

B. The maximum duration of the transition of the electronic image or message change shall be no more than three seconds.

C. The electronic display background color tones, lettering, logos, pictures, illustrations, and symbols shall not blink, flash, rotate, scroll, change in illumination intensity, or otherwise change in outward appearance, except when the electronic message or display is changed to another message or display.

(2) Setback from residential districts. The leading edge of the sign shall be a minimum distance of 100 feet from an abutting residential district boundary or residential use in a residential district;

(3) Setback from other electronic changeable copy signs. Electronic changeable copy signs shall be separated from other electronic changeable copy signs by at least 35 feet;

(4) Orientation. When located within 150 feet of a residentially-used lot in a residential district, all parts of the electronic changeable copy sign shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on such residential lot;

(5) Electronic changeable copy signs shall not exceed a maximum illumination of 5000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness.

(6) Electronic changeable copy signs shall have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

(b) Illumination. Illumination of signs shall be subject to the following regulations:

(1) Controls. Sign illumination shall be designed and placed so as not to cause glare which may result in traffic hazards or which may interfere with the customary use of nearby residences.

(2) Prohibitions. Flashing or intermittent illumination shall not be permitted except as may be permitted in Section 1390.09(a).

(3) Districts. In Residential Districts, only nameplates and signs with changeable copy may be illuminated. All signs in nonresidential districts may be illuminated.

(4) Color of light. White and amber are the only color of light permitted to illuminate signs in Residential Districts and signs in Nonresidential Districts that are located within 200 feet of a Residential District.

(5) Types of illumination permitted.

A. Internal illumination, i.e. a light source concealed or contained within the sign, which becomes visible in darkness through a translucent surface shall be permitted.

B. Indirect illumination, i.e. a light source not seen directly, shall be permitted.

C. Floodlight illumination, provided that the floodlight or spotlight is positioned so that none of the light shines onto an adjoining property, or in the eyes of motorists or pedestrians, shall be permitted.

D. Neon tube illumination, i.e. a light source supplied by a neon tube which is bent to form letter, symbols or other shapes, shall be permitted.

E. No temporary sign shall be illuminated or have the potential to be illuminated.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09; Ord. 143-2016. Passed 12-19-16.)

1390.10 CONSTRUCTION AND MAINTENANCE REQUIREMENTS.

(a) Visibility at Intersections. Signs shall be located and designed so as to maintain a substantially clear view between 2.5 feet and eight feet above grade in a triangle formed by intersecting street right-of-way lines and a line 20 feet from the point where the street right-of-way lines intersect or from the intersection of a driveway and a public street right-of-way.

(b) Construction Standards.

(1) The construction, erection, safety and maintenance of signs shall comply with the Ohio Building Code and the Euclid Codified Ordinances.

(2) Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.

(3) Permanent signs shall be fabricated of rigid materials of good quality and durability, with a minimum life span expectancy of five years.

(4) No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.

(5) No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.

(6) Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently to prevent flapping or movement, whether attached to the building or positioned in the ground. No temporary sign shall have moveable lettering or lettering capable of being moved or replaced.

(7) No sign regulated by any of the provisions of this section shall be erected in the right-of-way, in proximity to railroad crossings, or at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign signal or device as defined in the Manual of Uniform Traffic Control Devices; or which makes use of the words “STOP,” “LOOK,” “DANGER”, or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic.

(1) The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements.

(2) If the Zoning Commissioner finds that any sign is unsafe, insecure, a menace to the public; or constructed, erected, or maintained in violation of the provisions of this Code, the owner shall be notified in writing. The owner of the business shall, within 48 hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the 48 hours, the sign may be removed or altered by the City to comply with these regulations at the expense of the owner or occupant of the property upon which the sign is located.

(3) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:

A. There shall be no alteration or remodeling to the sign face, lettering (except as otherwise permitted for changeable copy), sign base, sign support(s) or the mounting of the sign itself.

B. There shall be no enlargement or increase in any of the dimensions of the sign or its structure.

C. The sign shall be accessory to a legally permitted, conditional or nonconforming use.

(4) The Zoning Commissioner may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supports, guys, braces and anchors for such signs shall be maintained in a safe condition, and it shall be unlawful for the owners or person having charge of such sign not to remove the same after receiving notice from the Zoning Commissioner.

(5) If a sign panel is removed from an existing sign box due to a discontinuance of the use, a blank panel shall be inserted in the existing sign box.

(6) Any temporary sign that is found to be in violation of any part of this chapter may be removed immediately by the Zoning Commissioner.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.11 NONCONFORMING SIGNS.

For the purpose of this chapter, every sign erected and in place on the effective date of this chapter that does not conform with the provisions of this chapter shall be deemed a nonconforming sign.

(a) Authority to Continue Existing Nonconformities. Any legally erected permanent sign that is deemed to be a nonconforming sign may be continued only in accordance with the regulations of this section.

(b) Maintenance and Repairs. Nonconforming signs shall be maintained in good condition pursuant to Section 1390.10(c) and may continue until such sign is removed. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign.

(c) Alterations, Relocation, Replacement. A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into compliance with the provisions of this chapter, except as otherwise permitted in this section.

(d) Restoration of Damaged Nonconforming Signs. A nonconforming sign that is destroyed or damaged by fire or other casualty to the extent that the cost of restoration will exceed 60% of the original cost of the sign shall not be restored unless it is made to conform to all the regulations of this chapter. In the event that such damage or destruction is less than 60% of the original cost of such sign, no repairs or construction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently pursued to completion.

(e) Change of Use. At the time of the adoption of this chapter, where the use associated with the nonconforming sign terminates or changes, such termination or change of use shall require termination of the nonconforming sign, and the use of such sign shall thereafter conform to this chapter.

(f) Discontinuance of Use. A nonconforming sign shall be removed or made to conform to the regulations of this chapter if the use to which the sign refers has been discontinued for a continuous and immediately preceding period of at least 12 months, unless there is evidence that the parcel is being marketed for a use that is the same as the previous use.

(g) Conformity with Regulations. Free-standing signs lawfully in existence on the effective date of this section, except for free-standing signs that are oriented to and located within 100 feet of Interstate 90, which do not conform with the provisions of this chapter shall be removed, altered or replaced so as to conform with the provisions of this chapter no later than 12 years from the effective date.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.12 SIGNS EXEMPT FROM REGULATION.

The following signs and structures shall be exempt from the regulations contained in this Chapter of the Euclid Planning and Zoning Code.

(a) Flags of the United States, the State, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting these conditions shall be considered a sign and shall be subject to regulations as such.

(b) Any public regulations and information sign and any other notice or warning required by a valid and applicable Federal, State or local law, regulation or resolution.

(c) Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the building in which such sign is located.

(d) Signs which are part of the original construction of a vending machine, fuel pump or similar device.

(e) Mural and other works of art that do not include a commercial message, however, murals and other works of art shall be subject to the review and approval of the Architectural Review Board.

(f) Scoreboards for athletic fields.

(g) Religious and other holiday lights and decorations containing no commercial message.

(h) Cornerstones and permanent building plaques displaying the date of construction, architect's name, building name, historical information, etc., and not exceeding eight square feet in area, when cut into any masonry surface or when constructed of bronze or other incombustible material.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.13 PROHIBITED SIGNS.

All signs not expressly permitted in this chapter or exempt from regulation pursuant to Section 1390.12 are prohibited in the City. Such signs include but are not limited to the following:

(a) Signs imitating or resembling official traffic or government signs and signals.

(b) Signs attached to trees, rocks or natural formations or public property including but not limited to utility poles, benches, trash containers and parking meters, except as specifically authorized by the City.

(c) Animated, flashing, blinking, racer type, mechanically moving or revolving signs, exposed light bulbs, and strings of lights not permanently mounted to a rigid background.

(d) Any sign on a temporarily placed vehicle or trailer when located on the site for the primary purpose of displaying such sign.

(e) Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes.

(f) Billboards.

(g) Roof Signs;

(h) No person shall display any obscene or indecent matter upon any sign.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.14 PERMITS.

Application for permits to erect, structurally alter, move or display a sign shall be made to the Zoning Commissioner by the owner (or owner's agent) of the property for which a sign is proposed, on forms provided by the City, in accordance with the following regulations:

(a) Exemptions from Permit Requirement. Sign permits shall be required for all permanent and temporary signs except as listed below:

(1) Normal maintenance, repainting or change of message or sign face, which does not alter the size, placement or structure of a sign.

(2) Nameplates and instructional signs for residential uses.

(3) Temporary window signs mounted on the inside window surface.

(4) Temporary signs not exceeding six square feet in area in residential districts.

(5) Temporary portable signs not exceeding six square feet in U4 districts.

(b) Applicability. Regardless of exemptions from the requirement for a permit, all permanent and temporary signs shall be subject to applicable regulations of this Code except for signs listed in Section 1390.12.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.15 PERMIT APPLICATION INFORMATION.

Application for a sign permit shall be made upon the forms provided by the Zoning Commissioner. With the exception of any requirements determined to be inapplicable in a particular instance by the Zoning Commissioner, the applicant shall submit accurately-scaled elevation drawings and a site plan at a minimum scale of one inch = 50 feet, indicating, in narrative or plan form, the following information:

(a) The name, address and telephone number of the tenant and of the property owner;

(b) The location of the building, structure or lot to which or upon which the sign is to be attached or erected;

(d) Three sets of plans, specifications indicating:

(1) All sign dimensions and sign height;

(2) Placement of signs in relation to building edges, roof lines, tenant party walls, windows, doors and other building features as well as in relation to all lot lines, street lines, sidewalks and drives;

(3) Construction materials for the signs and sign structure, as well as method of attachment;

(4) Type, intensity, placement and shielding of illumination;

(5) Details on any electronic or digital changeable copy; and

(6) Details on any electrical connection to existing or new power supply.

(e) Such other information as the Zoning Commissioner requires in order to show full compliance with this chapter and all other ordinances of the City.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1390.16 PERMIT ISSUANCE; TIME LIMIT ON VALIDITY.

(a) It shall be the duty of the Zoning Commissioner or his or her duly authorized deputy, upon the filing of an application for a sign permit, to examine such plans, specifications and other data, and the premises upon which it is proposed to erect the sign and act on the permit within 30 days, except as otherwise noted in subsection (b) below.

(b) The Architectural Review Board shall review and act on applications for signs that exceed two square feet when the parcel on which the sign(s) is proposed is in an Overlay District.

(c) If the work authorized under a sign permit has not been started within six months after the date of issuance, the permit shall become null and void.

(Ord. 87-2009. Passed 4-20-09. Effective 5-20-09.)

1391.01 VARIANCES GRANTED; NOTICE; PUBLIC HEARINGS.

(a) The Planning and Zoning Commission, subject to the confirmation and approval of Council, may, after public notice and hearing and subject to such conditions and safeguards as the Planning and Zoning Commission may establish, grant the following variances in a U4, U5 or U6 Use District:

(1) Retail gasoline or oil station, as defined in Section 731.01 of the Business Regulation and Taxation Code, provided, however, that all washing and greasing facilities must be completely enclosed in a permanent-type building and that no alcoholic beverages are to be sold, given away, distributed or consumed on the premises;

(2) Mortuary or undertaking establishment;

(3) Use of the premises for the sale of intoxicating liquor, wine, beer or malt liquors, as defined in Ohio R.C. 4301.01, whether sold for consumption on or off the premises.

(b) In addition to the public notice required hereunder the Planning and Zoning Commission shall give each property owner adjacent to the premises upon which such variance is requested, fifteen days' notice of the public hearing required by this section by mailing such notice to their usual place of residence. However, this section shall not apply if the owners of the properties located adjacent to the premises upon which such variance is requested do not reside within the County. Furthermore, the Planning and Zoning Commission shall give fifteen days' notice by mail of such public hearing to all churches and schools located within 500 feet of the outer boundaries of the premises upon which such variance is requested.

(Ord. 4-1960. Passed 1-4-60; Ord. 215-1990. Passed 6-25-90.)

1393.01 COMPLIANCE REQUIRED.

Condominium ownership is permitted in any multifamily use district, as defined in this Zoning Code, provided the requirements of this chapter are met.

(Ord. 129-1972. Passed 6-5-72.)

1393.02 CODE REQUIREMENTS.

Each condominium must meet all of the requirements of the Building and Housing Code and all Planning and Zoning Code requirements set out in the particular use district classification in which the condominium is contemplated.

(Ord. 129-1972. Passed 6-5-72.)

1393.03 TRANSFERS; CERTIFICATES OF INSPECTION.

Before ownership of any condominium unit may be transferred the Certificate of Inspection laws of the Building and Housing Code must be met as they refer to single-family ownership.

(Ord. 129-1972. Passed 6-5-72.)

1393.04 REQUIREMENTS FOR APPLICATION FOR PERMIT.

Each application for a permit for a condominium use must contain the following:

(a) A declaration submitting the property to the provisions of Ohio R.C. Chapter 5311, signed by the owner, acknowledged in the presence of two witnesses and notarized;

(b) A legal description of the land;

(d) The purpose or purposes of the condominium property and the units and commercial facilities situated therein and the restrictions, if any, upon the use or uses thereof;

(e) The unit designation of each unit and a statement of its location, approximate area, number of rooms and the immediate common area or limited common area to which it has access, and any other data necessary for its proper identification;

(f) A general description of the building or buildings, stating the principal materials of which it is or they are constructed and the number of stories, basements and units therein;

(g) A description of the common area and facilities and limited common area and facilities and the percentage or percentages of interest therein appertaining to each unit, which percentages shall be in accordance with Ohio R.C. 5311.04;

(h) A statement that each unit owner shall be a member of a unit owners association which shall be established for the administration of the condominium property;

(i) The name of a person to receive service of process for the unit owners association, together with the residence or place of business of such person, which residence or place of business shall be in a county in which all or a part of the condominium property is situated;

(j) The method by which the declaration may be amended, which shall require the affirmative vote of those unit owners exercising not less than seventy-five percent of the voting power;

(k) Any further provisions deemed desirable.

(Ord. 129-1972. Passed 6-5-72.)

1393.05 FILING OF APPLICATION AND DECLARATION.

All applications and declarations submitting property to the provisions of Ohio R.C. Chapter 5311, which property lies wholly or in part within the City, shall be filed with the Building Commissioner. All original drawings shall, when filed, have attached thereto a set of drawings of the condominium property, as provided in Section 1393.07, and a true copy of the bylaws of the unit owners association, provided for in Section 1393.08. Any amendment to the declaration by which changes are effected in the bylaws or drawings shall, when filed, have attached thereto a true copy of the change in the bylaws or drawings.

(Ord. 129-1972. Passed 6-5-72.)

1393.06 CONVEYANCE.

No interest in a unit shall be conveyed until the declaration, bylaws and drawings have been filed for record with the Building Commissioner and a permit issued by the Building Commissioner. Errors or omissions in the declaration, bylaws or drawings or a failure to file the same for record shall not, however, affect the title of a grantee of a unit.

(Ord. 129-1972. Passed 6-5-72.)

1393.07 PREPARATION OF DRAWINGS; CERTIFICATION.

A set of drawings shall be prepared for every condominium property which show graphically all the particulars of the building or buildings, including, but not limited to, the layout, location and dimensions of the common areas and facilities and the limited common areas and facilities insofar as is graphically possible. Such drawings shall bear the certified statement of a registered surveyor and licensed professional engineer that the drawings accurately show the building or buildings as constructed. Such drawings shall also be approved by the City Engineer before filing with the Building Commissioner.

(Ord. 129-1972. Passed 6-5-72.)

1393.08 UNIT OWNERS ASSOCIATION; BYLAWS.

(a) Every condominium property shall be administered by a unit owners association, which shall be governed by bylaws. No modification of or amendment to bylaws is valid unless the same is set forth in an amendment to the declaration and such amendment is filed for record.

(b) The bylaws shall provide for the following:

(1) Election from among the unit owners of a board of managers of the unit owners association which shall exercise all power and authority of the unit owners association; the number of persons constituting the same and that the terms of not less than one-third of the members thereof expire annually; the powers and duties of the board; the compensation of its members and the method of their removal from office; and whether or not the services of a manager or managing agent may be engaged;

(2) The time and place for holding meetings; the manner of and authority for calling, giving notice of and conducting meetings; and the requirement, in terms of percentage of interest in the common areas and facilities, of a quorum;

(3) The election by the board of managers of a president, one or more vice presidents, a secretary, a treasurer and such other officers as the board of managers may desire;

(4) By whom and the procedure by which maintenance, repair and replacement of the common areas and facilities may be authorized in conjunction with the Building and Property Maintenance Code of the City, being Title Five of Part Seventeen - the Building and Housing Code, governing multifamily use;

(5) The common expenses for which assessments may be made and the manner of collecting from the unit owners their respective shares of the common expenses;

(6) The method of distributing the common profits;

(7) By whom and the procedure by which administrative rules and regulations governing the operation and use of the condominium property or any portion thereof may be adopted and amended;

(8) The maintenance in a safe and orderly condition of all buildings, yards and other common areas and facilities in conjunction with the Building and Property Maintenance Code of the City governing multifamily use;

(9) The regular collection and disposal of garbage and rubbish.

(Ord. 129-1972. Passed 6-5-72.)

1393.09 RUBBISH AND GARBAGE DISPOSAL.

Before a permit is issued as provided in Section 1393.06, the permit holder shall endorse on the permit that the City will be saved and held harmless for the responsibility of any rubbish or garbage disposal from any units in the proposed condominium and that the permit seeker will accept sole responsibility for the provision of such rubbish and garbage disposal.

(Ord. 129-1972. Passed 6-5-72.)

1393.10 FEES.

A fee of ten dollars ($10.00) per unit shall be paid upon application for the permit and filing of the declaration as set forth herein.

(Ord. 129-1972. Passed 6-5-72.)

1395.05 SEXUALLY ORIENTED BUSINESSES.

(a) Purpose. It is the purpose of this section to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this section do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(b) Findings. The City Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976) and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona: Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma Township, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.

(1) “Adult arcade” means any place to which the public is permitted or invited where either or both motion picture machines, projectors, video or laser disc players, or other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

(2) “Adult bookstore,” “adult novelty store” or “adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

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

B. Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”

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

(3) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

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

B. Live-performances which are characterized by the exposure of “specified anatomical areas” or by “certified sexual activities”;

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

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

(4) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(5) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

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

(7) “Establishment” means and includes any of the following:

A. The opening or commencement of any sexually oriented business as a new business;

B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

C. The addition of any sexually oriented business to any other existing sexually oriented business; or

D. The relocation of any sexually oriented business.

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

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

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

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

(9) “Nudity” or a “state of nudity” or “nude” means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.

(10) “Person” means an individual, proprietorship, partnership, corporation, association. or other legal entity.

(11) “Principal business purpose” means forty percent or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is the greater.

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

(13) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

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

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

(14) “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.

(15) “Specified anatomical areas” means:

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

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

(16) “Specified sexual activities” means any of the following:

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

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

C. Excretory functions as part of or in connection with any of the activities set forth in A. through B. above.

(17) “Substantial enlargement” of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date this amendment takes effect.

(d) Classification. Sexually oriented businesses are classified as follows:

(1) Adult arcades;

(2) Adult bookstores, adult novelty stores, or adult video stores;

(3) Adult cabarets;

(4) Adult motion picture theaters;

(5) Adult theaters;

(6) Nude model studios; and

(7) Sexual encounter centers.

(e) Establishment and Location of Sexually Oriented Businesses.

(1) Sexually oriented businesses may be established and located only in accordance with the restrictions contained in divisions (e)(2) through (e)(8) of this section.

(2) Sexually oriented businesses may be established and located only in those portions of a U4 Commercial District, U5 Commercial District or U6 Industrial and Manufacturing District that are south of I-90 and west of Babbitt Road.

(3) No sexually oriented business may be established or located on a lot any portion of which is within 500 feet of the centerline of East 222nd Street or within 500 feet of the centerline of Babbitt Road.

(4) No sexually oriented business may be established or located within 1,000 feet of:

A. A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

B. A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

C. A boundary of a residential district as defined in the Zoning Ordinance;

D. A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar publicly-owned land within the City under the control, operation, or management of either the City or some other public entity; or

E. An entertainment business which is oriented primarily towards children or family entertainment.

(5) No sexually oriented business may be established, located or operated within 500 feet of another sexually oriented business.

(6) Not more than one sexually oriented business shall be established, located or operated in the same building, structure, or portion thereof, and the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business may not be increased.

(7) For the purpose of division (e)(3) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the centerline of the named street to the nearest portion of the lot line.

(8) For the purpose of division (e)(4) and (e)(5) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the lot upon which any building or structure is used as a sexually oriented business, to the nearest portion of the lot upon which is conducted a use listed in division (e)(4) and (e)(5) of this section.

(9) For purposes of division (e)(5) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the nearest portion of the lot upon which each business is located.

(f) Additional Regulations Concerning Lot, Yard, Height, Parking, Building and Site Design Standards, and Site Development Plan Requirements.

(1) Side and rear yard requirements for a sexually oriented business are those specified for the underlying district in Section 1383.05.

(2) Front yard regulations for a sexually oriented business are those specified for the underlying district in Chapter 1385.

(3) Maximum height regulations for a sexually oriented business are those specified for the underlying height district in Section 1379.01.

(4) Parking requirements for a sexually oriented business are governed by the provisions contained in Chapter 1389.

(5) Whenever the establishment of a sexually oriented business requires the review of a proposed development or structure or the review of a proposed modification or renovation to an existing structure by the Architectural Review Board as provided for in Chapter 1327, the Architectural Review Board shall render its decision in regards to such review within thirty days of its receipt of a completed application.

A. Any denial by the Architectural Review Board of an application under this section may be appealed to the City Planning and Zoning Commission by written notice within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Planning and Zoning Commission must hold a hearing on the appeal within thirty days and must issue a decision affirming or reversing the denial within five days after the hearing.

B. Any decision by the Planning and Zoning Commission shall be a final appealable order, and the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction.

C. In the event that an applicant seeks judicial review of a decision issued pursuant to this section, the applicant or licensee shall provide written notice of such appeal to the Planning and Zoning Commission in advance of or at the time of the filing of the appeal. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Planning and Zoning Commission shall transmit to the court in which appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Planning and Zoning Commission and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.

D. Subject to the provisions of this section, any applicant lawfully operating a sexually oriented business that is the subject matter of the application prior to the denial of that application may continue to operate said business during the pendency of an appeal of a decision rendered under this section to the Planning and Zoning Commission or to a court.

E. In the event that an applicant seeking to establish a new sexually oriented business seeks judicial review of the denial of an application by the Architectural Review Board and such review does not result in a final judicial decision within thirty days of the date the appeal was filed, the City's Zoning Commissioner will issue such applicant a provisional approval of the application upon request of the applicant. The provisional approval will allow an applicant seeking to establish a new sexually oriented business to apply for a sexually oriented business license under this section.

F. A provisional approval will expire on whichever of the following three dates is earliest:

1. The date that a judicial decision is issued upholding the denial of the application;

2. The date on which a non-provisional approval of the application for a new sexually oriented business is issued to the applicant pursuant to a judicial decision overturning the denial of the application; or

3. The date one year from the issuance of the provisional approval.

G. In the event that judicial review of the denial of an application for a new sexually oriented business is still pending thirty days before the expiration date of a provisional approval, the applicant may request a renewal of the provisional approval from the City's Zoning Commissioner and the City's Zoning Commissioner shall grant a renewal of a provisional approval.

(g) Sign Regulations for Sexually Oriented Businesses.

(1) All signs for sexually oriented businesses shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding thirty-two square feet. The maximum number of signs shall be one per lot frontage.

(2) Any sign permitted under this section may be illuminated by direct or indirect lighting; however, no sign or any portion of the exterior of a sexually oriented business shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically permitted pursuant to division (g)(3) of this section with regard to signs.

(3) Signs otherwise permitted pursuant to this section shall contain only the name of the sexually oriented business and/or the type of sexually oriented business conducted on the premises as classified in this subsection.

(4) No merchandise or pictures of the products or entertainment on the premises of a sexually oriented business shall be displayed in window areas or any area where they can be viewed from the sidewalk or street in front of the building in which the sexually oriented business is located.

(5) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.

(h) Severability. If any subsection or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining subsections and clauses shall not be affected. All amendments or parts of amendments in conflict with the provisions of this section are hereby repealed.

(Ord. 219-2000. Passed 10-16-00.)

1396.01 PURPOSE AND INTENT.

This chapter is to provide standards for the appropriate regulation and placement of clothing donation containers and to eliminate costs related to trash and debris accumulating in the area of these bins.

(Ord. 90-2018. Passed 6-18-18.)

1396.02 DEFINITIONS.

“Clothing donation container” or “donation bin” means a receptacle designed with a door, slot or other opening that is intended to accept and store donated items, such as, but not limited to, clothing or household items. The definition of a donation bin shall not include trailers where personnel are present to accept donations at all times that the trailer is present and accepting donated items.

(Ord. 90-2018. Passed 6-18-18.)

1396.03 PERMIT REQUIREMENT.

No owner or operator of any premises, or owner or operator of a clothing donation center shall place or permit to be placed or maintained at or on the exterior property areas of such premises any donation bin until after a permit has been issued by the Zoning Commissioner.

(Ord. 90-2018. Passed 6-18-18.)

1396.04 PERMIT APPLICATION STANDARDS AND PERMIT ISSUANCE.

(a) Eligibility. The Zoning Commissioner or their designee shall issue a permit to any Clothing donation center owner who files a permit application with the City, on forms provided by the Commissioner, accurately and adequately providing the following:

(1) The name, address, phone, fax and e-mail of the owner of the bin;

(2) The name, address, fax and e-mail of a person or persons who are primarily responsible for placing, emptying, servicing, maintaining, and removing the donation bin;

(3) The required fee, per donation bin, as per Section 1703.65(a)(4)(F);

(4) The name and address of the party in control of the private property upon which the donation box will be placed, and written authorization from the party in control of the private property, including the terms of its placement by lease or otherwise;

(5) A site plan drawing showing where the donation bin will be placed on the premises prior to such placement of the donation bin; and

(6) All existing donation bins in the City shall obtain a permit within 90 days of the ordinance’s effective date.

(b) The Zoning Commissioner or their designee shall not approve the application unless they find that no provisions of the Planning and Zoning Code will be violated by the issuance of the permit, including but not limited to the following:

(1) Set back requirements;

(2) Use restrictions; and

(3) Those portions of the Planning and Zoning Code that require that a specified number of parking spaces be available for the use of a particular business.

(Ord. 90-2018. Passed 6-18-18.)

1396.05 ON SITE LOCATION STANDARDS.

(a) No donation bin shall be placed in any location that obstructs the sight lines of vehicular traffic entering or leaving a property or maneuvering drive aisles within the property.

(b) No more than two donation bins shall be permitted on any parcel of property.

(Ord. 90-2018. Passed 6-18-18.)

1396.06 CONTAINER MAINTENANCE STANDARDS.

(a) Every donation bin shall be maintained in a neat and clean condition and in good repair at all times. Each donation bin shall be serviced and maintained so that it is free of dirt, grease, free of chipped, faded, peeling paint, cracked paint, free of rust and corrosion and free of cracks, dents, blemishes and discoloration.

(b) Each bin shall clearly state the name, address and phone number of the organization responsible for emptying, servicing and maintaining the donation bin.

(c) Donation bins shall be emptied regularly and within forty-eight hours of the primary contact person being notified by any City official that the donation bin is full.

(Ord. 90-2018. Passed 6-18-18.)

1396.07 IMPOUNDMENT AND PENALTIES.

(a) Any donation bin placed or maintained within the City of Euclid that is not first permitted or is not in compliance with all requirements of this chapter shall be subject to immediate impoundment by the City.

(b) Any donation bin which is not emptied and cleared of excess debris within 48 hours of a report to the primary contact person by the Zoning Commissioner or their designee may be subject to impoundment.

(c) Notice shall be provided via mail, fax, or email address to the owner that a donation bin was impounded. Any donation bin impounded by the City shall be released to the owner upon:

(1) Securing proper permit for placement in Euclid;

(2) Providing a plan for upkeep and maintenance of the bin or removing bin from the City;

(3) Paying the impound fee of two hundred fifty dollar ($250.00).

(d) If after thirty days the donation bin is not retrieved by the owner, the donation bin may be sold and the funds will be credited to the City or disposed of in an appropriate manner as determined by the Service Director.

(Ord. 90-2018. Passed 6-18-18.)

1397.01 PURPOSE AND INTENT.

The purpose of this chapter is to provide standards which permit development on hillside areas while conserving and promoting the public health, safety and general welfare by minimizing water run-off, soil erosion and other building and development problems unique to hillside development. Further, these regulations are designed to preserve, enhance and promote the appearance and resources of hillside areas and to retain the sense of image and identity that the hillside areas impart to the City and its residents. These regulations also recognize the unique and sensitive nature of the hillsides within the community and the need to specially address development thereon.

These regulations are designed to achieve, among others, the following objectives:

(a) To protect public and private property owners from damage to human life and safety and property damage that could potentially be caused by increased hillside instability.

(b) To assure access to properties within the Protected Hillside Area by emergency police and fire vehicles to protect persons and property.

(d) To preserve and protect the valuable hydrologic systems, fragile hillsides and valuable flora and fauna in the Protected Hillside Area.

(e) To permit, subject to the best available technology, development in the Protected Hillside Area while conserving and promoting the public health, safety, convenience and general welfare by minimizing problems due to water runoff and soil erosion problems incurred in adjustment of the topography to meet developmental needs.

(f) To use the best accepted design, landscape architecture, architecture, civil engineering and hydrological engineering to preserve, enhance and promote the existing and future appearance and resources in Protected Hillside Areas.

(g) To preserve and enhance the natural beauty of Protected Hillside Areas by encouraging the maximum retention of natural topographical features such as drainage, swales, streams, slope ridge lines, rock outcropping, vistas from and of hillsides, trees and other natural plant formations and retain the sense of identity and image that the Protected Hillside Area now impart to the municipality.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.02 DEFINITIONS.

As used in this chapter:

(a) “Cut” means a portion of land surface or areas from which the earth has been removed, or will be removed, by excavation; the depth below the original ground surface or excavating surface.

(b) “Develop” or “development” means construction of a building or structure, subdivision of land, or the grading, excavating, removing or destroying of any natural vegetation, or the removing any topsoil, unless otherwise excluded from the application of this chapter by the provisions of Section 1397.04(b).

(d) “Erosion” means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.

(e) “Excavating” means removing of soil or other materials, by any means whatsoever, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

(f) “Fill” means depositing of soil, rock or other materials by other than natural means.

(g) “Finish grade” means the final grade or elevation of the ground surface after grading is completed.

(h) “Grade” means the degree of rise or descent of a sloping surface.

(i) “Grading” means any excavating, cutting, filling or stockpiling of land or earth, or any combination thereof, including the conditions resulting from any of the above.

(j) “Hillside area” and/or “Protected Hillside Area” includes land in all zoning districts in the Municipality with slopes having a natural gradient within the limits set forth in Exhibit A, following the text of this chapter and incorporated herein by reference.

(k) “Hillside control measures” means all of the planning work and control that are required and specified by this chapter.

(l) “Impervious surface” means roads, buildings, structures, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.

(m) “Natural ground surface” means the ground surface in its original state before any grading, excavating or filling.

(n) “Natural vegetation” means plant materials which are indigenous to the area and exist on a site prior to any construction or earth-moving activity.

(o) “Owner/developer/builder” means an individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.

(p) “Run-off” means the part of precipitation which flows over land without filtering into the soil.

(q) “Undisturbed” means that portion of the parcel to be developed which will not be regraded, have any vegetation removed from it or have any impervious surface construction or cover as specified by this chapter.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.03 PROTECTED HILLSIDE AREA MAP AND CRITERIA.

(a) The City Engineer, in consultation with such other professionals as hydrological and geological engineers, botanists, biologists and landscape architects, as he or she may deem necessary, shall create a map identifying the Protected Hillside Areas. Said map shall be reviewed by the Planning and Zoning Commission and approved by City Council and shall become a part of this chapter. Copies of the Protected Hillside Area Map shall be made available for reference to property owners and the general public. Said Map shall be published as a convenient reference document and the information contained therein shall be believed to be accurate. However, the City shall not certify the accuracy of the Map and shall assume no liability or responsibility for discrepancies between the Map and the criteria for the Protected Hillside Area as set forth in Section 1397.03(b). Said Map shall become a guide only after it has been reviewed by the Planning and Zoning Commission and approved by legislation of Council, after public notice and hearing.

(b) Protected Hillside Areas shall be those lands within the City which are located within the designated Protected Hillside Areas as designated on the Protected Hillside Area Map or those lands outside the Protected Hillside Areas which contain one or more of the following characteristics:

(1) The lands have exhibited evidence of unstable soil conditions; or

(2) The lands have a natural gradient within the limits set forth in Exhibit A, following the text of this chapter.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.04 CHANGES IN PROTECTED HILLSIDE AREAS; PERMIT REQUIRED; APPLICATION OF CHAPTER.

(a) No person, whether as owner, developer, builder or occupant, shall make changes to any land located with a Protected Hillside Area by grading, excavating, removing or destroying any natural vegetation, or removing any topsoil, without first having obtained a permit authorizing such activity as provided herein.

(b) This chapter shall not be interpreted to prohibit normal landscaping, gardening, maintenance or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs or the removal of diseased, dead or damaged trees or trees which are a threat to the health and safety of the owner of the property. However, such activity shall be carried out in conformance with the standards of vegetation or revegetation of this chapter.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.05 PERMIT PROCEDURES.

All applications for Protected Hillside Area permits shall be submitted to the Building Division with accompanying construction documents for review and approval. The Building Commissioner shall review the application to ensure compliance with the requirements of this chapter. For good cause stated in writing, the City Engineer may recommend waiver of all or part of the requirements contained herein. The City Planning and Zoning Commission is authorized to waive the applicant's compliance with any provision(s) of this chapter if the Planning and Zoning Commission determines that compliance is unnecessary to the preservation of the integrity of the Hillside Area and/or the preservation of the objectives stated in Section 1397.01. In connection with such review, the Building Commissioner, the City Engineer and/or the City Planning and Zoning Commission are authorized to consult and obtain opinions from such other professionals as hydrological and geotechnical engineers, botanists, biologists and landscape architects as they may deem necessary. No Protected Hillside Area permit shall be issued until the application, together with the report of the Building Commissioner, has been reviewed and approved by the Planning and Zoning Commission. Upon filing of a request for a permit to grade, excavate, clear, remove vegetation or topsoil, build or subdivide in a Protected Hillside Area with the Building Commissioner, the applicant shall provide the following:

(a) Preconstruction Regulations.

(1) Preconstruction record.

A. Video tape record. A video tape record shall be filed with the Building Commissioner prior to any building, grading or clearing activity on the Protected Hillside Area. The video tape record shall show pre-development conditions of the Protected Hillside Area sufficient to insure compliance with these regulations.

B. Maps and data. Maps and data, either separately or combined, should be provided as follows:

1. Vicinity Map. A print, showing thereon the location of the proposed development and its relationship to adjacent streets and all community facilities which serve or influence it;

2. Property Line Map. A drawing, prepared by an Ohio registered surveyor, showing bearings and distances of the parcel to be developed, location, width and purpose of easements, the name, width and location of abutting streets, including the location of pavements and sidewalks, and structures on the parcel and within 100 feet on adjoining property. The minimum scale for the Property Line Map shall be one inch equals fifty feet.

3. Topographic Map. A drawing showing contours at two-foot intervals based on the County datum plane. It shall show the approximate direction and gradient of the ground slope on immediately adjacent land. It shall also show watercourses, marshes, wooded areas, isolated preservable trees and other significant features. In addition, it shall clearly indicate the limits of the Protected Hillside Area. The minimum scale for the Topographic Map shall be one inch equals fifty feet.

4. Subsurface Map. A drawing showing subsurface conditions of the tract, including soil types. The minimum scale for the Subsurface Map shall be one inch equals fifty feet.

(2) Grading plans. All proposed grading plans shall be of a minimum scale of one inch equals thirty feet and shall show the following:

A. A contour map with two-foot intervals and suitable cross-sections and profiles of areas, including, but not limited to, streets, driveways, buildings, utilities, pools, septic systems, or, where grading construction is proposed, quantities of cut and fill volumes.

B. Notes and details of existing terrain, including the natural topography of the Protected Hillside Area to be developed, the location and size of all structures, the finish grade of all improvement locations, and the dimensions, elevations and contours of any proposed earth-moving. Subdivision grading plans shall include road profiles and cross-sections showing all significant changes in cross-slopes and the proposed and natural grade at the centerline and right-of-way line of all streets and the proposed building setback lines.

C. A time schedule showing anticipated starting and completion date of each stage of the project.

(3) Geotechnical report. A geotechnical report by a qualified geotechnical engineer that addresses all factors pertinent to site stability, both present and future, will be required by the City, and shall include the following:

A. Present stability evaluation. An evaluation of the present stability of the site, based on field exploration that includes test borings, followed by lab testing and stability analysis.

B. Future stability evaluation. An evaluation of the effect of the planned development on stability based on the findings in paragraph (a)(3)A. hereof.

C. Recommended strategies. Detailed strategies to ensure that existing or potential instabilities will be mitigated.

(4) Construction plans. Plans, specifications or drawings, prepared by an Ohio registered architect or a structural engineer, shall be submitted for any structure which is proposed to be constructed or otherwise placed in the Protected Hillside Area.

(b) Performance Regulations.

(1) Earth-moving controls. The following minimum standards shall apply to earth-moving:

A. Minimum alterations. Earth-moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas.

B. Erosion control. Controls creating the lowest possible potential for airborne or waterborne transportation of soil shall be used. Where possible, these erosion controls shall be installed prior to disturbance of existing vegetation or earth-moving activity. Erosion controls shall be maintained and modified as necessary to ensure their proper operation. The owner(s) or any subsequent owner(s) of the premises shall be responsible for such maintenance, with such responsibility noted of record with the office of the Cuyahoga County Recorder.

C. Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, with a minimum compaction of ninety percent of maximum density. The City may require compaction tests by a qualified geotechnical engineer. The expense for such tests shall be the responsibility of the owner, developer, builder and/or occupant.

D. Prompt completion. All earth-moving shall be accomplished in the shortest practical period of time. In no event shall the existing vegetation be destroyed, removed or disturbed more than fifteen days prior to the initiation of earth-moving;

E. Cut and fill. Cut and fill slopes shall be no steeper than three horizontal to one vertical. Fill slopes shall not be located on natural slopes steeper than 3:1, nor where fill slope toes out within twelve feet horizontal of the top of an existing or planned cut slope. No unnecessary cuts and/or fills shall be allowed.

F. Buffer areas. Buffer areas consisting of undisturbed land shall exist around the perimeter of the parcel according to the following:

For building sites not requiring plat approval:

Width of Parcel at Building Line (ft.)	Side Lot Line Buffer Area Required (ft.)*	Rear Lot Line Buffer Area Required (ft.)
Less than 125	15
At least 125 but less than 150	20	Regardless of width parcel at building line, 25% of average lot depth or 50 feet, whichever is greater
At least 150 but less than 200	40
200 feet or greater	50

* Side lot line buffer area excludes the area within 60 feet of the right-of-way if such area is necessary to be used for driveway and/or utility purposes.

1. For building sites requiring plat approval under Chapter 1311 of the City's Codified Ordinances:

a. Buffer areas. An undisturbed buffer area of 100 feet wide shall be preserved around the entire boundary of the proposed subdivision, with the exception of areas required to be disturbed for entrance roads, easements or utilities, which disturbance shall be no more than minimally necessary for such purpose(s).

b. Placement of roadway and utilities. For sublots within a subdivision, the area from the right-of-way to a distance fifty feet from the right-of-way may be disturbed to allow for the placement of the roadway and utilities and to provide grading for such.

c. Side lot lines. Within a subdivision, the requirement of Section 1397.05(b)(1)F.1 relative to required side lot line buffer areas is waived for sublots which contain the 100-foot side lot line buffer area required by Section 1397.05(b)(1)F.2.a along the entire length of the side lot line(s).

d. Rear lot lines. Within a subdivision, the requirement of Section 1397.05(b)(1)F.1 relative to rear lot line buffer areas is waived for sublots which contain the 100-foot rear lot line buffer area required by Section 1397.05(b)(1)F.2.a along the entire length of the rear lot line.

(2) Hydrological controls. The following standards shall apply to hydrological controls:

A. Nature channels. Perennial streams shall be left preserved. Intermittent streams and other natural drainageways shall be preserved to the maximum extent possible. Natural drainageways shall be preserved to the maximum extent possible in accordance with generally accepted engineering principles, below drainage and culvert discharge points to prevent channel erosion and to dissipate the energy of the discharge.

B. Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil. The intercepted water shall be conveyed in a pipe or other approved manner to a storm sewer system or to the bottom of a ravine or steep slope. If intercepted water cannot be conveyed in the manner required herein, the applicant shall provide another manner of conveyance to the satisfaction of the City Engineer.

C. Early completion. A drainage system shall be completed and operational at the earliest possible time during construction.

D. Hydrological control plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect, shall be submitted with the following information:

1. Inventory. A reasonably detailed description of:

a. The direction of flow within the local drainage basin;

b. All natural drainage channels directed toward and away from the hillside area within fifty feet of its perimeter;

c. Other natural drainageways which may affect or be affected by the proposal; and

d. Any proposed realignment of the natural channels.

2. Special notations. Special notations shall be included highlighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow.

3. Proposed facilities. The location of all surface and sub-surface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning existing active erosion occurring at the outlet of existing or proposed systems, shall be included.

(3) Vegetation and revegetation. The following standards shall apply to vegetation and revegetation:

A. Exposure. The smallest area of land possible shall be exposed at any given time during development and shall be exposed for as short a time as possible. Where required to prevent erosion or where exposed land will remain for time periods exceeding fifteen days, temporary cover shall be used during development. For land disturbances exceeding one acre, the project shall be designed and completed in phases so as to minimize the exposure of large areas of land.

B. Revegetation. Areas disturbed during development shall be landscaped, using native plantings with deep root systems whenever possible. Trees removed during development shall be replaced with native Ohio tree saplings that are typical to the site.

(4) Landscape plan. A landscape plan, prepared by an Ohio registered landscape architect, shall be submitted and shall include the following:

A. Existing inventory. A site plan inventory describing the location and types of vegetation on the hillside area. Such plan shall show the types and location of vegetation proposed to be removed.

B. Revegetation. A site plan describing the type and location of proposed revegetation of disturbed areas.

C. Method. A detailed description of any slope, stabilization and revegetation proposals.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.06 RETAINING WALLS.

Where required by topographic conditions or by generally accepted engineering principles, retaining walls shall be used to stabilize the hillside area, prevent unnatural erosion, protect and preserve the integrity of abutting roadways and retain fill or cut slopes. Such improvements shall require the prior approval of the City Engineer.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.07 DRIVEWAYS.

The maximum grade of a driveway measured from the edge of the roadway shall be ten percent. Notwithstanding anything contained herein to the contrary, the maximum grade of the driveway, as stated herein, shall be ten percent for the first 100 feet from the edge of the roadway, and fifteen percent thereafter, if the City Engineer determines that the integrity of the Protected Hillside Area and the objectives contained in at Section 1397.01 would be damaged by strict compliance with the ten percent maximum grade and would be enhanced by the use of the alternative grade stated herein. Each driveway shall provide sufficient space and distance such that motor vehicles can enter the roadway in a forward motion.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.08 ADMINISTRATION AND APPEALS.

(a) The Building Commissioner and City Engineer shall review Protected Hillside Area applications. In connection with such review, they are authorized to consult and obtain opinions from such other professionals as hydrological and geotechnical engineers, botanists, biologists and landscape architects as they may deem necessary. No Protected Hillside Area permit shall be issued until the application has been reviewed and approved by the Planning and Zoning Commission. Any permit for activity within a Protected Hillside Area shall be denied if the proposal does not comply with the requirements of this chapter or if the proposal is so designed or will be so located, constructed or maintained as to endanger the public health, safety and welfare based upon generally accepted engineering principles.

(b) Appeals shall be to the City's Board of Zoning Appeals and shall be governed by the provisions of Chapter 1325 of these Codified Ordinances.

(c) Compliance with the provisions of this chapter does not relieve the applicant from compliance with other applicable provisions of these Codified Ordinances. In the event of a conflict between the provisions of this chapter and any other provision of these Codified Ordinances, the more restrictive provision shall control.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.09 SCHEDULE OF FEES AND DEPOSITS.

At the time of filing an application for a Protected Hillside Area permit, there shall be paid to the City a filing fee in the amount specified in Section 1703.65. There shall also, at such time, be deposited and thereafter maintained an amount as specified in Section 1703.65 or such larger or lesser amount as may be determined by the Building Commissioner based on his or her estimate of the costs to be incurred by the City in reviewing the application for the permit and to insure payment by the applicant of expenses incurred by the City in processing the application and all pertinent papers connected herewith.

The cost and expense of any investigation which may be deemed to be necessary by the Building Commissioner, the City Engineer, hydrological and geotechnical engineers, botanists, biologists, landscape architects, the Law Director and any other City officials, to determine whether the proposed application is in accordance with law, the cost of any and all notices required, and all other necessary expenses, shall be paid by the applicant.

The actual expenditures shall be paid by the applicant upon demand of the Director of Finance. The unexpended balance of the deposit shall be refunded to the applicant upon completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned. No permits shall be issued until any amounts required to be paid by the applicant have been paid.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

1397.99 PENALTY.

(a) Civil. In addition to any other penalty provided herein, in the event that work performed does not conform to the provisions of the Protected Hillside Area permit, a written notice to comply shall be served upon the architect, owner, developer, builder, contractor and/or occupant. Such notice shall set forth the nature of the correction required and the time within which the correction shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all activity, except that which is necessary for correction of the violation. Upon correction of the violation, the stop work order shall be voided and all permitted activity may resume.

If the Building Commissioner concludes that the issuance of additional corrective notices would be futile, any bonds or cash deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Protected Hillside Area permit as approved. Any additional costs incurred by the City may be certified to Council for certification to the County Auditor for placement as a lien upon the property under authority of Ohio R.C. 715.47.

(b) Criminal. The owner or owners of any land or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any developer, builder, contractor and/or occupant, and all persons who or which violate any provision of this chapter or fail to comply therewith, or who build or otherwise develop in violation of the provisions of this chapter, shall, for each and every violation or noncompliance, be fined not more than two hundred fifty dollars ($250.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(c) Emergency Action. In addition to any other penalties provided herein, in the event of noncompliance with the provisions of this chapter, the Law Director shall be authorized to institute an appropriate action at law if the Building Commissioner, alone or in consultation with other professionals, determines that a real and present emergency exists that is determined to affect the public health, safety or general welfare.

(Ord. 145-1997. Passed 6-16-97; Eff. 7-16-97.)

HILLSIDE PROTECTION AREA
Please see City Clerk's office for associated tables.

1399.01 PURPOSE AND INTENT.

The purpose of this chapter is to provide standards for the development of communication towers and antennas which serve the needs of the citizens of the City 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. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 15-2017. Passed 2-21-17.)

1399.02 DEFINITIONS.

As used in this chapter:

(a) “Accessory facility or structure” means an accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.

(b) “Antenna” means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services, and microwave telecommunications.

(c) “Base station” means radio transceivers, antennas, coaxial cable, a regular and backup power supply, and other associated electronics.

(d) “Collocation” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

(e) “Commercial impracticability” or “commercially impracticable” means where, at the time a contract is made, a party's performance under it is impracticable without its fault because of a fact which it has no reason to know and the non-existence of which is a basic assumption on which the contract is made, no duty to render that performance arises, unless the language or circumstances indicate the contrary.

(f) “Height” means, when referring to any tower or structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna.

(g) “Lattice” means a framework or structure of crossed metal strips typically resting on three members constructed vertically to which antennas are affixed.

(h) “Monopole” means a single, slender and typically cylindrical, vertical structure to which antennas or antenna support structures are affixed.

(i) “Technically suitable” means the location of a wireless telecommunications antenna(s) reasonably serves the purpose for which it is intended within the bandwidth of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the city.

(j) “Telecommunication” means technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.

(k) “Tower(s)” means any structure built for the sole or primary purpose of supporting FCC- licensed antennas and their associated facilities, including but not limited to any ground or above- ground mounted pole, spire, or structure or combination thereof, taller than 15 feet, including support lines, cables, wires, braces or masts, and including smoke stacks, water towers and other similar structures which can accommodate the mounting of an antenna, meteorological or telecommunications device or similar apparatus above-grade.

(l) “Wireless communication antenna” means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC), excluding amateur radio operators' antennas.

(m) “Wireless communication tower” means a tower, including, but not limited to, a self- supporting lattice or monopole which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.

(n) “Wireless telecommunications equipment building” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

(o) “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.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.03 STANDARDS OF COMPLIANCE.

All applications for wireless communication towers must be approved by the Planning and Zoning Commission and that approval shall be confirmed by Council, provided that applications for administrative approval of changes which are not substantial to existing towers or base stations shall be submitted to the Zoning Commissioner as provided in Section 1399.15. 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) Applicants Must Use Best Efforts to Utilize Existing Towers, Buildings or Structures. All applicants must first demonstrate that they have used their best efforts to obtain technically suitable space on existing towers, buildings or structures. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building. The applicant must demonstrate the following:

(1) The applicant shall demonstrate that there is no technically suitable space for the applicant's antenna(s) and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served.

(2) With the application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another existing tower, building or structure is technically suitable, the applicant must demonstrate that it has requested to collocate on the existing tower, building or structure and the collocation request was rejected by the owner and/or lessee of the existing tower, building, or structure.

(3) If another tower, building or structure is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower, building or structure to collocate an antenna(s) on another tower, building or structure within the City which is owned or controlled by the applicant, if any, upon reciprocal terms and that the offer was not accepted. As used herein, “reasonably reciprocal terms” means terms that are essentially similar and equivalent with respect to the material provisions of the respective agreements; i.e., the respective agreements being: (a) the agreement demanded by the applicant from the owner of the exiting technically suitable site to collocate on such site; and (b) the agreement offered by the applicant to the other owner to collocate on one of the applicants' tower(s), building(s) or structure(s) within the City of Euclid, if any;

(4) In all circumstances, owners of existing towers shall promptly respond in writing to requests for collocation, but in no event shall they respond more than 30 days from the date of receipt of a written request for collocation.

(b) Poles, towers, equipment structures and antenna placement shall meet the minimum yard setback requirements as set forth in these 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 in height shall be erected completely around the communication tower and any related support facilities. Barbed wire at the top of the fence is permitted.

(d) Towers and antennas shall be designed to withstand wind gusts of at least eighty miles an hour.

(e) Height of Telecommunications Tower(s).

(1) Applicant must submit documentation justifying to the Planning and Zoning Commission the total height of any telecommunications tower, facility and/or antenna and the basis therefor. Such justification shall be to provide service within the City, to the extent practicable unless good cause is shown.

(2) The maximum height of a tower shall be 200 feet unless a technically logical reason for locating a higher tower is demonstrated to the satisfaction of the Planning and Zoning Commission and Euclid City Council to be in order, on a case-by-case basis, by the wireless telecommunications service provider making the request. When a higher tower is required by provision of law consistent with the Telecommunications Act of 1996, as may from time to time be amended, the provider shall submit written verification of that fact. Towers less than 200 feet in height are especially encouraged.

(f) Landscaping Plan Required. A landscaping plan shall be submitted which meets the following requirements:

(1) A landscaped buffer area of not less than 15 feet in depth shall be placed between the wireless communications facilities and the public rights-of-way, residential use districts, and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself;

(2) The 15-foot landscape buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six feet in height when installed; and

(3) The landscaping shall be continuously maintained and promptly restored if necessary.

(g) Once the Zoning Commissioner has determined that the use of a facility has ceased, the facility's owner or operator will receive written notice from the Zoning Commissioner instructing such owner or operator to either reactivate the facility's use, or dismantle and remove the facility, either of which must occur within 180 days. If reactivation or dismantling does not occur within 180 days, the City will remove or will contract to have the facility removed and shall assess the owner/operator the costs associated with such removal.

(h) The applicant for a wireless telecommunications tower shall be required as a condition of issuance of a building permit to post a cash or surety bond acceptable to the City Director of Law of not less than seventy-five thousand dollars ($75,000.00). The bond shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunications facility shall be removed within 180 days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to ensure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies or operates the facility.

(i) Outdoor storage of any supplies, vehicles or equipment related to the use of the facility is prohibited, except during the facility construction period and to supply temporary emergency power to the facility only during a power outage.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97.)

(j) Artificial Lighting.

(1) All towers above 100 feet in height shall be illuminated with artificial lighting fixtures. FAA regulations addressing safety markings and obstruction lighting shall be followed when necessary. Unless the FAA permits no other alternative, white strobe lights shall not be permitted at night. Lighting for security purposes shall be permitted at the wireless telecommunication facility with a prior approval of the Architectural Review Board and the Planning and Zoning Commission.

(Ord. 176-1998. Passed 9-8-98; Eff. 10-8-98.)

(2) If lighting is required, the applicant shall provide a detailed plan for sufficient lighting as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations, and an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within 1,500 feet of all property lines of the parcel on which the wireless telecommunications facility are located.

(k) A report shall be prepared and submitted by a qualified and licensed professional engineer(s) and shall provide proof of compliance with all applicable Federal, State, County, and City regulations. The report shall include a detailed description of the wireless telecommunications tower, antenna(s), equipment shelter and appurtenances, shall certify that radio frequency emissions are in compliance with the regulations of the FCC, and shall certify that the use of the facilities will not adversely effect or interfere with radio transmissions for public safety purposes.

(l) Maintenance.

(1) The applicant shall submit a plan documenting how the wireless telecommunications facility will be maintained on the site in an ongoing manner that meets industry standards.

(2) On each biennial anniversary of the issuance of the use permit for a wireless telecommunication facility, or not more than 90 days prior to said biennial anniversary, the owner/user shall submit to the Zoning Commissioner a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.

(m) There shall be a separation of at least one-half mile between wireless communications towers; including a separation of at least one-half mile from any such wireless telecommunications tower located outside the City's corporate limits at the time an application is made for a wireless telecommunications tower to be located within the City.

(n) Wireless telecommunications towers shall not be located within one-half mile from the shoreline of Lake Erie. This provision does not apply to a wireless communications antenna(s) that is proposed to be attached to an existing structure.

(o) Signage Required and Permitted on Telecommunication Facilities.

(1) No advertising shall be permitted on the wireless telecommunication facility.

(2) A permanent warning sign with a minimum size of one square foot and a maximum size of three square feet shall be posted on the site, as well as an emergency telephone number of the owner/user of each set of antenna(s) on the site. The owner/user shall also provide to the Building Department, the City Police Department, and the City Fire Department information on whom to contact, an address, and a telephone number in the event of an emergency.

(3) Other than the warning sign described in division (o)(2) above, no sign shall be permitted anywhere on a wireless telecommunications facility site.

(p) The tower 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).

(q) A plot plan including all building uses within 500 feet shall be required at a scale of not less than one inch equals 100 feet.

(r) The location of the tower and equipment building shall comply with all natural resource protection standards, including floodplain, wetland and slope regulations.

(s) A permanent easement to the tower site must be provided, thereby maintaining access regardless of other developments that may take place on the site.

(t) The access driveway to the wireless telecommunications facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a minimum of 18 feet in width with a minimum overhead clearance of 11 feet and shall be setback a minimum of 20 feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment. If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access, shall be provided for each additional 1,500 feet of the driveway. There shall be a minimum of one off-street parking space on the facility site.

(u) All utility lines from the utility source to the wireless telecommunications facility shall be installed underground and in compliance with all ordinances, rules and regulations of the City, including, but not limited to, the National Electric Safety Code and the National Electric Code where appropriate. The Planning and Zoning Commission may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Planning and Zoning Commission, it is determined that such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

(v) 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.

(w) A proposed new tower shall not be located within 1,000 feet from any residential zoning district.

(x) All proposed wireless telecommunications facilities shall be set back from all property lines, abutting parcels, recorded rights-of-way and road and street lines a distance of at least 250 feet.

(y) The telecommunications tower shall be designed to have sufficient structural loading capacity to accommodate at least five antenna platforms or antenna arrays of equal loading capacity for five separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment shelter large enough to accommodate at least five separate users of the facility. If an equipment shelter is initially constructed to accommodate fewer than five users, space shall be reserved on-site for equipment shelter expansions to accommodate up to at least five separate users. Agreement to the provisions of this division must be included in the applicant's lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the Planning and Zoning Commissioner evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this division.

(z) After issuance of a building permit to construct a wireless telecommunications facility, the applicant shall commence construction within six months and shall complete construction within one year or the permit will expire.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.04 CONSTRUCTION REQUIREMENTS.

Only the following types of wireless communication towers and/or antennas and/or equipment shelters are permitted under this chapter:

(a) A wireless communication antenna attached to a permitted institutional, recreational, public utility, office, industrial or commercial building or structure, provided the antenna does not exceed 20 feet above the highest point of the structure, and provided, further, that 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 or utility poles or in ground-mounted pedestals.

(b) A wireless communication monopole or lattice tower not more than 200 feet 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 are designed to be buildable up to 200 feet above the finished grade. Such structure shall be designed to have sufficient structural capacity to allow for five providers to be located on the structure when constructed to the maximum allowable height.

(1) The maximum cumulative total size of all equipment shelters accessory to a wireless telecommunications tower or antenna on a lot shall be 750 square feet and their maximum height shall not exceed 15 feet above the approved grade at the site for an equipment shelter with a pitched roof and a maximum height of ten feet above the approved grade at the site for an equipment shelter with a flat roof. Only one equipment shelter, or the configuration of more than one equipment shelter constructed to appear that there is only one equipment shelter shall be compatible as to architecture design and materials with the principal building on the lot, if any. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a wireless telecommunication facility.

(2) Underground equipment shelters are encouraged, and may be mandated by the Planning and Zoning Commission where technically feasible.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.05 FACILITY LOCATION.

(a) New wireless communication towers may be located only in nonresidential districts and shall be subject to the regulations set forth in this chapter and the regulations of the particular use district in which the antenna and/or tower are proposed to be located, but only to the extent that such regulations do not conflict with the regulations set forth in this chapter. Wireless communication antennas may be located in residential use districts as long as they are part of an existing structure. When so located, they 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 that such regulations do not conflict with the regulations set forth in this chapter. Generally, wireless telecommunications towers are objectionable in residential areas because their use is industrial in nature, and may be objectionable in the community at large because they are frequently considerably taller than surrounding structures, causing them to be seen from long distances. Their location is therefore regulated as permitted by the telecommunications act of 1996, as may from time to time be amended.

(b) In order to accommodate the communications needs of residents and businesses while protecting the health, safety and general welfare, the applicants for wireless telecommunications facilities shall locate, site, and erect said wireless telecommunications facilities in accordance with the following order of priority, (1) being the highest priority and (5) being the lowest priority:

(1) On existing telecommunications towers or other tall structures;

(2) Collocation on a site with existing wireless telecommunications facilities or structures;

(3) On municipally-owned properties outside of residentially zoned areas;

(4) On industrial zoned areas;

(5) On other property located within the City outside residentially zoned areas.

(c) If the proposed site is not the highest priority listed above then a detailed written resort must be provided as to why a site of higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(d) An applicant may not bypass sites of higher priority by stating that the site presented is the only one site leased or selected. An application shall address collocation as an option, and if such option is not proposed, the applicant must explain why collocation is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability or hardship.

(e) Notwithstanding the above, the Planning and Zoning Commission may approve any site located within an area in the above list of priorities, provided that the Planning and Zoning Commission finds that the proposed site is in the best interests of the health, safety and welfare of the City and its inhabitants.

(f) The applicant shall submit a written report demonstrating the applicant's review of the above locations in order of priority, demonstrating technological reasons for the site selection. If the site selected is not the highest priority, then a detailed written explanation as to why sites of higher priority were not selected must be included with the application.

(g) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning and Zoning Commission or the Zoning Commissioner may disapprove an application for any of the following reasons:

(1) Conflicts with safety and safety-related codes and requirements;

(2) Conflict with traffic needs or traffic ordinances, or definitive plans for changes in traffic flow or traffic ordinances;

(3) Conflict with the historical nature of a neighborhood or historical district;

(4) The use or construction of wireless telecommunications facilities is contrary to an already-stated purpose of a specific zoning or land use designation;

(5) The placement and location of wireless telecommunications facilities that would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the City, or employees of the service provider or other service providers;

(6) Conflicts with the provisions of this chapter.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.06 ARCHITECTURAL REVIEW.

(a) Application. Upon approval by the Planning and Zoning Commission, the permit application must be reviewed and approved by the Architectural Review Board. In addition to any standard Architectural Review Board submission requirements, pursuant to Chapter 1327, 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) A 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, the 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 Review Board may require an independent evaluation of signal access for a minimum of the three most feasible, alternative locations on the site. The evaluation shall be prepared by a consultant approved by the Architectural Review Board and paid for by the applicant.

(b) Architectural Review and Findings. Prior to approval of an installation, the Architectural Review Board 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 are the smallest possible for the frequency used and optimally located to allow reasonable signal access.

(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. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 15-2017. Passed 2-21-17.)

1399.07 CERTIFICATION BY REGISTERED ENGINEER.

Prior to action by the Architectural Review Board, the City shall require a review by an independent registered engineer engaged by the City and paid for, in advance, by the applicant pursuant to Section 1399.08. Among other things, the engineer shall review and approve the written certification of the applicant's engineer filed pursuant to Section 1399.03(k); shall review 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 safeness of the wireless telecommunication facility in its projected uses so as to assure the protection of the health, safety and welfare of the citizens of the City.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.08 REIMBURSEMENT OF EXPENSES.

The applicant shall be responsible for all expenses incurred by the City for any technical engineering services deemed necessary by the Building Commissioner, the Zoning Commissioner, the Planning and Zoning Commission, the Architectural Review Board and/or City Council to perform the reviews required by this chapter.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 15-2017. Passed 2-21-17.)

1399.09 PERMIT FEE SCHEDULE.

The Zoning Commissioner shall authorize the issuance of permits required by this chapter and shall collect the fees therefor in accordance with the following schedule:

(a) New wireless communications tower - $5,000.00.

(b) New wireless communications antenna/array - $2,000.00.

(Ord. 41-1997. Passed 2-18-97; Eff. 3-18-97; Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.11 EXEMPTION OF CERTAIN CITY PROPERTY.

Regardless of the provisions of this chapter, a wireless telecommunications facility may be permitted on any property owned or controlled by the City and currently used for public purposes, and such facility shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as may be required by the Planning and Zoning Commission and City Council.

(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.12 LIABILITY INSURANCE.

(a) A holder of a permit for a wireless telecommunications facility shall secure and at all times maintain public liability insurance for personal injuries, death, and property damage, and umbrella insurance coverage, for the duration of the permit in amounts as set forth below:

(1) Commercial general liability covering personal injuries, death and property damage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;

(2) Automobile coverage: $1,000,000.00 per occurrence/$2,000,000.00 aggregate;

(3) Workers' compensation and disability: statutory amounts.

(b) The commercial general liability insurance policy shall specifically include the City and its officers, employees, committee members, attorneys, agents and consultants as additional named insured.

(c) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State of Ohio and with a Best's rating of at least A.

(d) The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days prior written notice in advance of the cancellation of the insurance.

(e) Renewal or replacement policies or certificates shall be delivered to the City at least 15 days before the expiration of the insurance which such policies are to renew or replace.

(f) Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than 15 days after the grant of the permit, the holder of the permit shall deliver to the Law Department a copy of each of the policies or certificates representing the insurance in the required amounts.

(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.13 INDEMNIFICATION.

(a) Any applications for wireless telecommunication facilities that are proposed for City property pursuant to this ordinance, shall contain a provision with respect to indemnification. Such provision, to the extent permitted by this chapter, shall require the applicant to at all times defend, indemnify, protect, save, hold harmless and exempt the City and its officers, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at ordinance or in equity, which might arise out of, or are caused by the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages, or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.

(b) Notwithstanding the requirements noted in division (a) of this section, an indemnification provision will not be required in those instances where the City itself applies for and secures a permit for wireless telecommunications facilities.

(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.14 CRITERIA FOR WIRELESS TELECOMMUNICATIONS PERMIT.

In order for a permit to be issued to construct a new wireless telecommunications tower or facility or to place a wireless tower or antenna on any existing structure the applicant must present to the Planning and Zoning Commission a report prepared by a licensed professional engineer demonstrating compliance with all of the following requirements to be considered for review:

(a) The applicant shall present documentation that the proposed telecommunications structure or facility complies with all requirements established in Section 1399.03;

(b) The applicant shall demonstrate that the proposed telecommunications structure or facility complies with all State and Federal laws and regulations concerning aviation safety;

(c) In determining an appropriate location for any proposed tower, the Planning and Zoning Commission shall require a geographic survey or report addressing safety issues and concerns with respect to ingress and egress of air-medical providers on or near the proposed site of any new tower or the site of any existing tower proposed to be heightened;

(d) The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to service the applicant's service area. If the facility includes a tower there shall be an explanation of why other nearby structures, if any, cannot be used to support the antenna;

(e) Where the telecommunications facility is located on a property with another principal use, the applicant must present documentation that the owner of the property has granted an easement for the proposed facility and that the access described in Section 1399.03(s) and (t) is provided to the facility;

(f) The name, address and phone number of the person preparing the report;

(g) The name, address and phone number of the property owner, operator and applicant;

(h) Postal address and parcel number of the property;

(i) Size of the property stated in both square feet and lot line dimensions, and a diagram showing the location of all lot lines;

(j) Location, size and height of all structures on the property that is the subject of the application;

(k) Location, size, and height of all proposed and existing antennas and all associated structures;

(l) The make, model and manufacturer of the tower and antennas;

(m) A description of the proposed tower and antennas and all related fixtures, structures, and apparatus, including height above pre-existing grade, materials, color and lighting;

(n) The frequency, modulation and class of service of radio or other transmitting equipment;

(o) Transmission and maximum effective radiated power of the antenna(s);

(p) Direction of maximum lobes and associated radiation of the antenna(s);

(q) Certification that the non-ionizing electromagnetic radiation (NIER) levels at the proposed site are within the threshold levels adopted by the FCC;

(r) Certification that the proposed antenna(s) will not cause interference with existing telecommunications devices. This certification will be subject to review by a licensed engineer designated by the Zoning Commissioner;

(s) A copy of the FCC license applicable for the use of the wireless telecommunications facilities;

(t) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed wireless telecommunications facility on the proposed site. This certification will be subject to review by a licensed engineer designated by the Zoning Commissioner;

(u) Propagation studies of the proposed site and all adjoining proposed, in-service or existing sites;

(v) Applicant shall disclose in writing any agreement in existence prior to the submission of the application that would limit or preclude the ability of the applicant to share any new telecommunication tower that it constructs;

(w) The applicant shall furnish written certification that the telecommunications facility, foundation and attachments are designed and will be constructed to meet all local, County, State and Federal structural requirements for loads, including wind and ice loads; and

(x) The applicant must provide a written analysis, completed by a qualified individual or organization, to determine if the telecommunications tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Regulation part 77. This requirement shall be for any new tower, or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence must be provided in a timely manner.

(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)

1399.15 ADMINISTRATIVE APPROVALS.

The Zoning Commissioner shall approve any application for collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station, provided this action does not substantially change the physical dimensions of the tower or base station. Any application which does not comply with the standards of Section 1399.15(a) may be submitted by the applicant for approval under the provisions of Sections 1399.03 through 1399.14.

(a) Changes for which Administrative Approval is Authorized. The following changes to an existing tower or base station are eligible for administrative approval under this Section 1399.15 :

(1) The mounting of a proposed antenna on the tower that will not increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; and

(2) The mounting of a proposed antenna that will not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; and

(3) The mounting of a proposed antenna that will not involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; and

(4) The mounting of a proposed antenna that will not involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

(b) Application. The owner of an existing tower or base station for which collocation, removal, or replacement of transmission equipment is proposed which will not substantially change the physical dimensions of the tower or base station may submit an application for administrative approval. At minimum, the application shall include the following items and any additional information necessary to document the proposed changes and conformance with the requirements for administrative approval:

(1) A letter signed by the tower/base station owner requesting administrative approval containing contact information for the person(s) authorized to provide additional information relative to the request and the proposed dates of the changes.

(2) Drawings of the existing tower or base station and the proposed changes indicating the relevant elements and dimensions of the existing and proposed facilities.

(c) Review; Time Period. Provided that the application contains sufficient information to confirm the nature of the proposed changes, the Zoning Commissioner shall notify the applicant in writing not more than ninety days after receipt of the application of administrative approval or of disapproval and the reasons for any disapproval.

(Ord. 15-2017. Passed 2-21-17.)