Fairport Harbor City Zoning Code

CHAPTER 1121

Districts Established; Map

1121.01 PURPOSE.

For the purposes of promoting the public health, safety, morals, comfort and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land, and to facilitate adequate but economical provision of public improvements, all in accordance with a comprehensive plan, Council finds it necessary and advisable to regulate the location, height, bulk, number of stories and size of buildings and other structures, including tents, cabins and trailer coaches, percentages of lot areas which may be occupied, setback building lines, size of yards, courts and other open spaces, the density of population, the use of buildings and other structures, including tents, cabins and trailer coaches, and the uses of land for trade, industry, residence, recreation or other purposes, and for such purposes, divide the area of the Village into districts or zones.

(Ord. 2380. Passed 1-18-55.)

1121.02 DIVISION INTO DISTRICTS; MAPS INCORPORATED.

(a) For the purpose of carrying out the provisions of the Zoning Ordinance, the area of the Village is hereby divided into the following districts:

(1) Residential, which shall be designated as "R".

(2) Multi-Family-District (MF).

(3) Neighborhood Business, which shall be designated as "C-1 District" and Community Business, which shall be designated as "C-2 District".

(4) Industrial and Manufacturing, which shall be designated as "I".

(5) Marine Industrial District, which shall be designated "M-I".

(6) Marine Recreation District, which shall be designated "M-R".

(Ord. 2010-28. Passed 7-6-10.)

(b) The districts as shown on the maps attached hereto are established and are made a part of the Zoning Ordinance.

(Ord. 1991-103. Passed 12-2-91.)

1121.021 PURPOSE OF THE COMMERCIAL, INDUSTRIAL AND MARINE DISTRICTS.

The purposes of each of the commercial, industrial and marine districts are as follows:

(a) To provide a Neighborhood Business (C-1) District to accommodate the sale of convenience retail goods and personal services that primarily serves the residents of the Village.

(b) To provide a Downtown (C-2) District that will preserve and enhance the historic central business district of the Village through a mixture of community facilities, business, and recreational uses that serves as a gathering place for the community.

(c) To provide Regional Business (C-3) District to provide for retail and service businesses serving the needs of village residents and residents from neighboring communities. C-3 Regional Business District is intended to provide an environment for a wide range of business enterprises and promote a mix of commercial uses that provide goods and services for both the Village and surrounding areas.

(d) To provide for a Light Industrial District (I) is intended to provide a district that offers a variety of light industrial uses, automotive services, trade business, warehousing and wholesale uses which operate in a clean and quiet manner. This district is intended to accommodate businesses in the community that cannot be practically provided for in the other districts.

(e) To provide for Marine Industrial (M-I) to provide for area for industrial uses that are dependent on the Grand River or Lake Erie.

(f) To provide for Marine Recreation (M-R) to provide for an area for commercial or commercial recreation uses that are dependent on the Grand River or Lake Erie. (Ord. 2020-87. Passed 12-15-20.)

1121.03 COMPLIANCE REQUIRED; AGRICULTURAL USES PERMITTED; USES CLASSIFIED.

(a) No building or premises shall be used, and no building shall be erected or altered, except in conformity with the regulations prescribed herein for the district in which it is located.

(b) Land in any district may be used for agricultural purposes, provided there are no buildings constructed incident to that use, unless approved by the Board of Zoning Appeals.

(c) For the purpose of the Zoning Ordinance, the various uses of buildings and premises shall be classified as set forth in this chapter.

(Ord. 2380. Passed 1-18-55.)

1121.04 R (RESIDENTIAL) DISTRICT PERMITTED USES.

(a) The following uses and no other shall be deemed Class R uses and permitted in all R Districts:

(1) Single-family and two-family dwellings for residence purposes and buildings accessory thereto, but excluding the use of tents, cabins, and trailer coaches for residence purposes.

(2) Trailer coaches shall not be deemed to constitute all or any part of a dwelling and shall not be used for residence purposes.

(3) Church, school, college, public library, public museum, community center, public-owned park, public-owned playground.

(4) Any person may maintain an office or may carry on a customary home occupation in the dwelling house used by him as his private residence provided:

A. Such use does not involve any extension or modification of the dwelling which will alter its outward appearance as a dwelling;

B. Such use does not involve any outward evidence of such use other than a sign as authorized in other sections of the Zoning Ordinance;

C. Such use does not occupy more than twenty-five percent (25%) of the total floor area of the dwelling unit;

D. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in the Zoning Ordinance and shall not be located in a required front yard;

E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(5) Hospital, sanitarium or rest home for other than drug or liquor addicts, contagious diseases or insane or mental cases, provided that any such hospital, sanitarium or rest home shall have a lot area of not less than five acres and a frontage on a public thoroughfare of not less than fifty feet.

(b) The uses described shall be permitted only provided such uses are not injurious, dangerous or offensive by reason of odor, dust, noise, smoke, gas, fumes, flame or vibration. (Ord. 1983-84. Passed 12-29-83.)

1121.041 ASSISTED LIVING FACILITIES.

(a) Location. An Assisted Living Overlay District is hereby created to allow for assisted living facilities in all Residential Zones (R) and all Multi-Family District Uses (MF) and Multi-Family High Density District uses (MFHD), so long as the proposed facility meets the requirements of this section.

(b) Regulations.

(1) Definition. An Assisted Living Facility is defined as a facility in which the owners and/or staff, for a fee, provide housing, supervision, assistance and companionship for adult residents requiring such services. These adult residents shall be individuals who are in need of assistance with Activities of Daily Living (ADL's) and who cannot provide sufficient self care due to age, frailty or physical limitation, and yet their limited function does not require on-going on site medical management or on site nursing supervision and/or care.

(2) Variance. Location must comply with all requirements of (R) Residential Zoning, except as herein specified.

(3) Residential floor area.

A. Bedrooms:

1. Any single person occupancy of a room shall have a minimum floor area of 120 square feet.

2. Any two person occupancy of a room shall have a minimum floor area of 220 square feet. There shall be a maximum allowance of two persons in one room.

3. A minimum floor area of 25 square feet per person occupance of closed space within the bedroom area shall be provided and shall not be added to the bedroom floor area requirements.

B. Common Living Area: Must be a minimum of 50 square feet per resident exclusive of halls and stairways, as established by State standards.

C. Kitchen or food preparation area shall be provided.

D. Bathroom: A minimum of one full bath for every two sleeping rooms.

E. Additional storage: Each resident shall have 50 cubic feet minimum of storage accessible to residents, family and staff.

F. Laundry facilities: Must be provided for residents.

G. Parking: One parking space will be required for every five beds, and one additional parking space for total number of staff.

H. Minimum lot size: The lot size will include the building, setbacks, side-yards and rearyard, and the required parking area. In no event, shall the lot size be less than 6,000 square feet.

I. Greenspace: A minimum of twenty-five percent (25%) of the total lot area will remain as plantable greenspace.

(4) Safety/Inspection.

A. Assisted Living Homes shall comply with the requirements of the BOCA. National Fire Prevention Code and any amendments thereto and all other applicable safety codes. In addition, all units shall require fire extinguishers, emergency lighting, smoke detector, exit way signs and other safety devices as necessary or required by local ordinance or State law.

B. Inspection, for the purpose of fire safety, shall be conducted by the Village Fire Department prior to occupancy by residents and shall be conducted a minimum of one time per year thereafter.

C. Owners shall display proof of such inspection and compliance in a conspicuous place.

D. A floor plan designating present location, exits and evacuation route shall be posted in each room in a conspicuous place.

E. All signs shall conform to zoning regulations required for single family homes in R-districts only in Section 1133.03 .

F. The residents and occupants may be permitted pursuant to any and all Federal Regulations and State of Ohio Regulations.

(Ord. 99-55. Passed 6-17-99.)

1121.05 MULTI-FAMILY DISTRICT USES (MF).

(a) Permitted Uses. The following uses, and no other, shall be deemed Class MF uses and permitted in all MF Districts:

(1) Any use permitted in an R District.

(2) Apartments and condominiums. (Ord. 1983-83. Passed 10-29-83.)

1121.051 MULTI-FAMILY HIGH DENSITY DISTRICT USES (MFHD). (REPEALED)

(EDITOR’S NOTE: Former Section 1121.051 was repealed by implication by Ordinance 2010-28, passed July 6, 2010.)

1121.06 PERMITTED AND CONDITIONAL USES.

Buildings and land shall be used and buildings shall be designed, erected, altered, moved, or maintained, in whole or in part, in the Business, Industrial or Marine Districts only for the uses permitted herein.

(a) Permitted Use Schedule Summary. Schedule 1121.07 enumerates those uses that may be located in a Business, Industrial or Marine District as a matter of right as a permitted use, uses that may be located in a given district upon obtaining review and approval as a conditional use, and uses that are considered to be accessory to a permitted or conditional use.

(1) A use listed in Schedule 1121.07 shall be permitted as a permitted use by right in a district when denoted by the letter "P" provided that all requirements of other Village Ordinances and this Planning and Zoning Code have been met.

(2) A use listed in Schedule 1121.07 shall be permitted as a conditional use in a district when denoted by the letter “C", provided the Planning Commission first makes the determination that the requirements of Chapter 1138 have been met. Conditional uses are subject to all other application regulations in this Code.

(3) Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 1145.

(b) Compliance with Standards. Although a use may be indicated as a permitted use or conditional use in a particular Business District, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Code applicable to the specific use and parcel in question. (Ord. 2020-88. Passed 12-15-20.)

1121.07 TABLE OF USES.

	C-1	C-2	C-3	I	M-1	M-R
Office and Professional Services
Administrative Offices	P	P	P	P
Medical & Dental Offices	P	P	P
Urgent Care			P
Veterinary Services			P	P
Bank, Financial Institution	P	P	P
Retail and Personal Services			P
Restaurant, Counter	P	P	P
Restaurant, Table Service	P	P	P
Enclosed Retail	P	P	P
Personnel Services	P	P	P
Garden or Nursery Retail			P	P
Funeral Services			P
Hotels/Motels		P	P
Business Services including Mailing and Copying Services	P	P	P	P

	C-1	C-2	C-3	I	M-1	M-R
Rental Services (Furniture, Electronics, appliances)			P
Rental Services (Party Supplies)			P	P
Child or Adult day care			P
Microbrewery	P	P	P
Micro distillery	P	P	P
Urban Winery	P	P	P
Dry Cleaning	P
Laundromat	P
Entertainment/Recreation
Membership Sports/Fitness Club			P
Studio for instruction	P	P	P
Indoor Commercial Recreation	P		P
Outdoor Commercial Recreation		C
Theater	P	P	P
Auditorium	P	P	P
Meeting/Banquet Facilities	P	P	P
Community Facilities
Library	P	P
Museum	P	P
Community Center	P	P
School, Primary or Secondary
School, Post-Secondary
School, Trade
Place of Worship	P	P	P
Residential Care Facility
Hospice
Government and Public Uses	P	P	P	P

	C-1	C-2	C-3	I-1	M-1	M-R
Automotive and Transportation
Gas Stations			P
Car Wash, Automatic			P
Car Wash, Self-Serve			P
Motor Vehicle Dealers			P
Automotive Rental			P
Automotive Services (including Instant Oil Change)			P	P
Automotive Repair				P
Automotive Body and Painting				P
Automotive, RV or Boat Storage				P
Trucking Terminal				P
Marine sales, service and leasing						P
Manufacturing
Assembly				P
Light Manufacturing				P
Heavy Manufacturing
Research Laboratory				P
Industrial Laundry & Linens
Food Processing
Beverage Processing
Wholesale, Warehousing and Storage
Warehousing				P
Outdoor Storage				P
Cold Storage				P	P
Self-Storage				P
Wholesale				P

	C-1	C-2	C-3	I-1	M-1	M-R
Trade Business
Publishing/Printing/Binding				P
Landscape Services				P
Lumber and Building Materials				P
General Building Contractors				P
Building Trade Contractors				P
Construction and Speciality Equipment Sales, Rentals, & Service			P	P
Small Appliance Repair		P	P	P
Other/Accessory
Utility or Communication Services			P	P
Self-Storage				P
Seasonal outdoor or open-air operation of entertainment, food service, café style operations, outdoor sales	C	C	C
Retail activities from tents, non-permanent or other similar temporary structures	P	P	P
Exterior storage of vehicles, watercraft, trailers and associated appearances	C	C	C	C		P
Roadside Stands	C	C	C
Exterior storage of construction and process materials				C
Retail activities incidental to permitted industrial or Marine Industrial Use				C	C
Residential
Multi-Family Units (Second Floor)		P
Caretaker Dwelling						C
Cluster Home Planned Unit Development						C

	C-1	C-2	C-3	I-1	M-1	M-R
Marine Uses
Docks				P	P
Marine Warehouse					P
Marine Services					P
Marine Repair (Excluding Dry Docks)					P
Marine Fuel Services						P
Yacht Club						P
Marine Sales or Leasing						P
Charters					P	P
Boat Rental					P	P
Boat Storage					P	P
Boat Launch					P	P

(Ord. 2020-88. Passed 12-15-20; Ord. 2021-80. Passed 9-21-21.)

1121.071 C-3 COMMUNITY BUSINESS DISTRICT. (REPEALED)

(EDITOR’S NOTE: Former Section 1121.071 was repealed by Ordinance 2020-88, passed December 15, 2020.)

1121.08 I (INDUSTRIAL) DISTRICT PERMITTED USES. (REPEALED)

(EDITOR’S NOTE: Former Section 1121.08 was repealed by Ordinance 2020-88, passed December 15, 2020.)

1121.09 MARINE INDUSTRIAL DISTRICT (M-I). (REPEALED)

(EDITOR’S NOTE: Former Section 1121.09 was repealed by Ordinance 2020-88, passed December 15, 2020.)

1121.10 MARINE RECREATION DISTRICT (M-R). (REPEALED)

(EDITOR’S NOTE: Former Section 1121.10 was repealed by Ordinance 2020-88, passed December 15, 2020.)

1121.11 BED AND BREAKFAST DISTRICT (BB).

(a) Definitions. “Bed and Breakfast Inn” means any single-family dwelling in which rooms are rented to paying guests on an overnight basis with not more than one meal served daily, the entire service to be included in one stated price.

(b) Purpose. The BB Bed and Breakfast District is established to enable single-family dwelling units to conduct Bed and Breakfast operations as defined herein, and focuses on the need to provide owners an incentive to continue occupancy and maintenance of single-family structures. Protection to neighborhoods is emphasized with the provision of standards that prohibit nuisance and detrimental change in the single-family character of any site proposed for a Bed and Breakfast operation, and Bed and Breakfast must also be in compliance with all current zoning, building and fire code regulations which do not conflict with this section.

(1) The structure to be used as a Bed and Breakfast Inn shall be owner- occupied and managed. The primary usage shall be residential.

(2) No existing residential structure shall be removed in order to allow for a Bed and Breakfast Inn nor shall such a structure be removed in order to provide parking for such a use. The structure shall remain a residential structure, i.e., the kitchen shall not be remodeled to a commercial kitchen.

(3) Meals may be served for profit to guests only.

(4) No more than three rooms shall be rented.

(5) No structure shall be used for a Bed and Breakfast Inn unless there are at least two exits to the outdoors from such premises. Each room utilized for sleeping, shall have minimum size of 100 square feet for two occupants with an additional thirty square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room shall have a separate smoke detector alarm. Lavatories and bathing facilities shall be available to all persons using the Bed and Breakfast Inn.

(6) Two parking spaces, pursuant to Section 1125.05, plus one additional space per room rented must be provided, exclusive of on street parking. All parking spaces shall be paved.

(7) Identifying signs not exceeding two square feet may be mounted flat against the wall of the principal building, such sign shall be non illuminated and unanimated.

(8) If the applicant is unable to meet subsections (5) or (6) above, the applicant may request special consideration from the Planning Commission through a site plan review process. The Village’s intent is not to encourage yards to be destroyed, or landscaping to be removed, or the integrity of the neighborhood altered in order to provide parking.

(9) Each operator shall keep a list of the names of all persons staying at the Bed and Breakfast Inn. Such list shall be available for inspection by Village officials at any time.

(10) The maximum length of stay for any guest of the Bed and Breakfast Inn shall be fourteen days.

(d) Location of Bed and Breakfast’s.

North of Second Street;

West of High Street;

Facing the Park - 200 Block-Eagle Street, 200 Block-Plum Street, 300 Block- Third Street.

(e) Licensing and Fees. It shall be unlawful for any persons to operate a Bed and Breakfast Inn as defined without first having obtained from the Zoning Inspector a license, such license to be issued upon approval of initial application and thereafter on a calendar year basis. The fee for a license is thirty-five dollars ($35.00).

(f) Application Requirements. Applicants for a license to operate a Bed and Breakfast Inn shall submit a floor plan of the single-family dwelling unit, along with the application provided and required fee, illustrating that the proposed operation will comply with all provisions of the Zoning Ordinance, Village Fire Department, Lake County Building Codes and Lake County Health Department, whether specified herein or not.

(g) Consideration of Issuance. Upon receipt of application, duly filed with the Zoning Inspector for a license, the Zoning Inspector shall within ten days:

(1) If conforming, issue the license to operate the Bed and Breakfast Inn.

(2) If nonconforming, and upon the Zoning Inspectors refusal, the applicant may apply to the Planning Commission for consideration of whether the license shall be issued based upon the information provided, and the impact such use would have on the residential neighborhood involved.

(h) Suspension, Revocation and Renewal. The Zoning Inspector shall have the authority to refuse to renew a license or to suspend or revoke a license for continued and repeated violations of the provisions of this section.

(Ord. 1996-108. Passed 2-4-97.)

1121.12 PLANNED WATERFRONT OVERLAY DISTRICT (PWD).

(a) Definitions.

(1) AMPIDTHEATER: An outdoor area and/or building, or portion thereof, devoted to live performances.

(2) BOAT LAUNCH/RAMP: A facility to launch and retrieve recreational boats from a trailer. Some are limited to hand launching of canoes. Most ramps have parking lots, a courtesy dock to assist in launching, and refuse containers.

(3) BOAT/JETSKI RENTAL/LEASING: A marine use that allows individuals to rent boats, jet skis, canoes," kayaks, or other watercraft for a specific time period.

(4) BICYCLE RENTAL: A recreational use that allows individuals to rent non-motorized vehicles such as, but not limited to, bicycles for a specific time period.

(5) CHARTER BOAT: A unit with a hired captain, crew and a boat that carries customers or anglers out for a day of fishing for a set period oftime as described in the charter details.

(6) COMMUNITY CENTER: A building for social, educational, and recreational activities of a neighborhood or community provided such building is not operated for commercial gain.

(7) CONFERENCE/BANQUET CENTER: A building or group of rooms which are rented by individuals or groups to accommodate private functions including but not limited to, professional conferences, seminars, banquets, weddings, anniversaries and other similar functions. Such use may or may not include:

A. Kitchen facilities for the preparation of cateriug of food;

B. The sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and

C. Outdoor gardens or reception facilities.

(8) MIRCOBREWERY: A restaurant that prepares handcrafted natural beer as an accessory use intended for the consumption on the premises with limited amount for off premise consumption. Production capacity shall he limited to 5,000 barrels per year. Such accessory use may occupy up to 3 0% of the floor area of the restaurant.

(9) MUSEUM: An establishment for the preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest.

(10) MARINA: An establishment providing docking, moorage space, boat storage, and related activities limited to provisioning or minor repair of pleasure boats and yacht. Accessory uses may include, but not limited to showers, toilets, and club house.

(11) OFFICE: A room or group of rooms used for conducting the affairs of business, profession, service industry, or government.

(12) OUTDOOR RECREATION: A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, provided such facilities are not operated for commercial gain. These shall include, but are not limited to, baseball diamonds, soccer and football fields, and picnic shelters.

(13) PARK: Any public or private land available for recreational, educational, cultural or aesthetic use.

(14) PRIVATE SOCIAL CLUBS: Buildings and facilities, owned or operated by a corporation, association, person or persons, for a civic, social, educational, or recreational purpose, to which membership is required for participation and which are not primarily open to the public.

(15) PERSONAL SERVICES: Any enterprise conducted for gain that primarily offers services to the general public such as shoe repair, watch repair, barbershop, salons, dry cleaners, photography studios or similar activities.

(16) RESTAURANT: A structore in which the principal use is the preparation and sale of food and beverages.

(17) RETAIL ESTABLISHMENT: An establishment engaged in the selling of goods or merchandise within an enclosed building to the general public for personal or household consumption , which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public.

(18) RIVERWALK: A publicly owned or privately owned way, generally open to the sky and unobstructed by buildings, that runs along the river's edge and is open to the public during specified times. It may include, without limitation, any combination of open space, paved areas, landscaped areas, pedestrian paths, and pedestrian furnishings.

(19) THEATER: A building or portion thereof, devoted to showing motion pictures or live performances.

(20) WINERY: A business that produces 5,000 to 10,000 cases per year. The building may include space for bottling, crushing activities, lab, office space, tasting room, storage, an indoor events room, and outdoor event or picnic area A winery shall provide at least two of the following four activities on site: Crushing, fermentation, bulk aging/storage and bottling.

(b) Purpose: The purpose of the Planned Waterfront Overlay District is to promote the development of tourism, marine, retail, recreational uses and enhance public access to the

river and lake to capitalize on Fairport Harbor's location on the Grand River and Lake Erie.

(c) Permitted Uses. All uses within a Planned Waterfront Overlay District (PWD) designated are governed by the provisions of this Code and the approval plan of the project involved. The following are permitted use in the Planned Waterfront Overlay District:

(1) Amphitheater

(2) Bed and breakfast

(3) Boat launch

(4) Boat and jet ski rental

(5) Bicycle rental

(6) Charter boats

(7) Community center

(8) Conference Center

(9) Hotel

(10) Marinas

(11) Microbrewery

(12) Museum

(13) Offices

(14) Outdoor Recreation or Park

(15) Parking Garages

(16) Personal services

(17) Private social clubs

(18) Restaurants

(19) Retail Establishment

(20) Riverwalk

(21) Theater

(22) Winery

(23) Other similar uses approved by the village council

(d) Prohibited Uses: Outdoor storage of boats and boat trailers.

(e) Criteria and Conditions.

(1) Open space requirements: 5% of overlay district shall be in either public access or open space.

(2) Development standards.

A. Grand River/Lake Erie setback: 20 feet (an easement to the village for pedestrian access will be required)

B. Front/side/rear setback from right(s)-of-way and property lines for all buildings: 10 Feet or per development plan.

C. Building separation: per development plan and in accordance with fire department regulations.

D. Maximum Height: 35 feet for buildings within 200 feet of the River or Lake, and top of the bluff or the area beyond more than 200 feet from the lake or river and north of the 3rd Street projection. 45 Feet for buildings between 200 feet and base of the bluff and south of the 3rd Street projection and north of 5th Street projection.

E. Design Standards: Must adhere to Chapter 1129 of the Codified Ordinances.

F. Parking: Per the development plan. The Planning Commission may opt to use the standards listed in Section 1129 as a guide.

G. River/Lake Setback Standards: A ten foot wide, hard surface shall be provided adjacent to the river for pedestrian travel. Materials will be approved by the Village through the approval process and shall be suitable to accommodate safety vehicles.

(f) Approval Process.

(1) Items and submission of the site plan shall be in accordance with 1125.08.

(2) The Plan may be approved by Planning Commission within 30 working days after submission of the plan at their public meeting after notice has been given and public comment may have been made.

(3) After approved by the Planning Commission, the plan shall be submitted to the Village Council for approval with 14 working days of approval. The Plan may be approved by Council within 30 working days at their public meeting after notice has been given and public comment may have been made.
(Ord. 2011-007. Passed 3-1-11.)

(g) Location:

(1) Any land inside Fairport Harbor that is between the west side of High Street and the Grand River and also between Fifth Street, or the projection of Fifth Street, and Lake Erie; and

(2) Any land inside Fairport Harbor that abuts High Street on the East side of High Street between Fourth Street and Lake Erie shall be in the Planned Waterfront Overlay District. (Shown on the official zoning map). (Ord. 2015-032. Passed 6-16-15.)

(h) Establishment of Waterfront Planned District Overlay:

(1) The following shall govern the establishment of the Waterfront Planned District Overlay:

A. The Planned Waterfront District shall be in addition to and shall overlay the existing zoning districts of Marine Industrial (M-1), Community Business (C-2) and Residential (R).

B. Until such time as a property owner applies for and receives approval for the development of a Planned Waterfront District as provided herein, the underlying provisions of the district(s) shall apply.

C. Upon approval by the Village Planning Commission and the Village Council of Planned Waterfront District application and plan, a notation shall be placed on the Village Zoning Map to reflect such approval and that the provisions of the underlying zoning district(s) no longer apply to the land contained within the waterfront district.

D. Each Planned Waterfront District shall be developed in conformance with a development plan which has been reviewed and approved by the Village in accordance with the regulations.

(Ord. 2011-007. Passed 3-1-11.)

1121.13 ENTERTAINMENT DEVICE ARCADE OVERLAY DISTRICT (EDAD).

(a) Purpose and Limitation. The purpose of this section is to provide a location for this use to exist. An Entertainment Device Arcade shall not operate in any other location in the Village except within the Entertainment Device Arcade Overlay District.

(b) Location. Any parcel of land inside Fairport Harbor fronting the east side of High Street between Third Street and Fourth Street, including the building that is located at the southeast corner of High and Third Street. (Shown on the official zoning map).

(c) Establishment of Entertainment Device Arcade Overlay District. The following shall govern the Entertainment Arcade Overlay District:

(1) The Entertainment Device Arcade Overlay District shall be in addition to and shall overlay the existing zoning districts of Community Business District (C-2).

(2) Until such time as a property owner applies for and receives approval for opening an Entertainment Device Arcade, the underlying provisions of the district(s) shall apply.

(3) Upon approval of the application for an Entertainment Device Arcade by the Village Administrator, a notation shall be placed on the Village Zoning Map to reflect such approval.

(4) When the owner ceases the entertainment device arcade operation, the Village Zoning Map shall be changed in order to remove the notation that the site was being used as part of the Entertainment Device Arcade Overlay District.

(d) Permitted Uses.

Entertainment Device Arcade.

(e) Criteria and Conditions.

(1) Each Entertainment Arcade shall adhere to all of the requirements of the Entertainment Device Arcade Ordinance that is passed by Council.

(2) Each Entertainment Arcade shall provide one parking space for every two entertainment devices and one space for each employee on the largest shift. 50% of the required parking shall be off street. Any on street parking needs to be 300 feet from the facility’s main entrance in order to be considered a parking space for the facility.

(3) Outdoor areas designated for smoking shall not be located within 20 feet of residentially used land and it shall not impede pedestrian traffic.

(4) Signs: in addition to adhering to Chapter 1133 of the Codified Ordinances, entertainment device arcades shall be allowed only up to 50% of the sign square footage to be made out of materials that are meant to be illuminated in order to be read.

(5) Windows: The use of black or reflective glass on any side of the building is prohibited.
(Ord. 2012-020. Passed 5-1-12.)