Fairview Park City Zoning Code
TITLE ONE
Zoning
CHAPTER 1125 Automobile Parking Districts (Repealed)
EDITOR’S NOTE: Former Chapter 1125 was repealed by Ordinance 98-34A, passed November 16, 1998. The next printed page is page 71.
1101.01 TITLE.
This Code shall be known as the Zoning Code for the City of Fairview Park, the main purpose of which is: to regulate the height, design, location and use of buildings, and the use of land; to divide the City into various districts; and to provide regulations for the administration, interpretation and amendment of this Zoning Code.
(Ord. 67-17. Passed 5-15-67.)
1101.02 PURPOSES.
This Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and/or the general welfare: by regulating the use of buildings and land for residence, business or other purposes; by regulating the area and dimensions of land, yards and other open spaces; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulation and limiting population density; and, for the aforesaid purposes, to divide the City into districts of such number and dimensions as may be deemed best suited to carry out these regulations.
(Ord. 67-17. Passed 5-15-67.)
1101.03 INTENT; PLANNING GOALS.
This Zoning Code is intended, among other purposes:
(a) To protect the character and values of residential, business, institutional and public uses and to insure their orderly and beneficial development;
(b) To provide adequate, open spaces for light and air, to prevent overcrowding of the land, to prevent excessive concentration of population, and on the other hand, to prevent sparse and uncoordinated development;
(c) To locate buildings and uses in relation to streets according to plans in a way that will cause the least interference with, and be damaged least by traffic movements, and result in lessened street congestion and improved public safety;
(d) To establish zoning patterns that insure economical extensions for sewers, water supply and other public utilities, and developments for recreation, schools and other facilities;
(e) To guide the future development of the City so as to bring about the gradual conformity of land and building uses in accordance with a comprehensive plan; and
(f) To accomplish the specific intents set forth in the introduction to the respective districts or groups of districts.
(Ord. 67-17. Passed 5-15-67.)
1101.04 COMPLIANCE WITH ZONING CODE.
All public officials of the City, vested with the duty and authority to issue legal documents, shall not issue permits or certificates for any building or use that shall result in conflict with provisions of this Zoning Code. However, should such a permit or certificate in conflict with the provisions of this Zoning Code be issued, it shall be deemed null and void.
(Ord. 67-17. Passed 5-15-67.)
1101.05 RELATION TO OTHER REGULATIONS.
(a) The provisions of this Zoning Code shall not annul or in any way interfere with existing codes, laws, rules, regulations or permits previously adopted or issued.
(b) Where this Zoning Code is more restrictive as to the use of buildings or land, and/or limits the height or bulk of buildings, or requires larger areas and yards than are required by other codes, laws, ordinances, rules and regulations, this Zoning Code shall govern and conversely, other regulations shall govern where they are more restrictive in nature than this Zoning Code.
(c) This Code shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements or other agreements between parties.
(Ord. 67-17. Passed 5-16-67.)
1101.06 SEPARABILITY.
If any provision, or the application of any provision, of this Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Code as amended as a whole or any other part thereof.
(Ord. 67-17. Passed 5-15-67.)
1101.07 EFFECTIVE DATE.
This Zoning Code shall take effect and be in force on June 14, 1967.
(Ord. 67-17. Passed 5-15-67.)
1105.01 GENERAL.
As used in this Zoning Code:
(a) The word "shall" is to be interpreted as mandatory and not directory; the word "may" is permissive.
(b) The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for" or "occupied for".
(c) All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(d) "City" means the City of Fairview Park.
(e) "Commission" means the Planning and Design Commission of the City.
(f) "Board" means the Board of Zoning and Building Appeals.
(Ord. 67-17. Passed 5-15-67.)
1105.02 AREAS.
(a) "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.
(b) "Area of dwelling unit" means the sum of the gross floor areas above the basement level, including those rooms, and closets, having the minimum ceiling height, light, ventilation and other features as required by the Building Code and as further defined in Section 1117.19.
(c) "Area of lot" means the total horizontal area within the lot boundary lines of a zoning lot. Refer to Section 1105.12(b) hereof.
(Ord. 67-17. Passed 5-15-67.)
1105.03 AUTOMOTIVE: GARAGES, PARKING AREAS, SERVICE STATIONS.
(a) "Private garage" means an accessory building or part of the main building used for the parking or temporary storage of occupants' (of one or two-family dwellings) passenger automobiles, and in which no occupation, business or service may be conducted for remuneration.
(b) "Storage garage" means an accessory building or part of the main building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no occupation, business or service can be conducted for remuneration, except parking and/or storage fees may be charged.
(c) "Repair garage" means a main or accessory building in which general repair work is performed or work on motor vehicles.
(d) "Service garage" means a repair garage accessory to an automobile salesroom.
(e) "Accessory parking area" means an open or enclosed area, other than a street or driveway, accessory to a dwelling or other building, and used for the parking of passenger automobiles for occupants, their guests or customers, of such building.
(f) “Public parking area" means an open or enclosed area, other than an accessory parking area, used for passenger automobile parking, with or without a fee.
(g) "Sales lot" means an open area used for the display, sales or rental of new or used motor vehicles, in which no repair work, except minor and then only incidental to items sold, is performed.
(h) "Service station" means a building and land, including pumps, tanks or grease racks, used for retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and limited to performing minor services and repairs.
(Ord. 67-17. Passed 5-15-67.)
1105.04 BLOCK.
"Block" means an area of land bounded by streets, public parks, bulkhead or shore lines or by other definite limits.
(Ord. 67-17. Passed 5-15-67.)
1105.05 BUILDINGS AND STRUCTURES.
(a) "Structure" means that which is constructed and located more or less permanently on the ground or permanently attached to something located on the ground.
"Structure" includes buildings, barriers, bridges, bulkheads, fences, outdoor seating facilities, platforms, pools, poles, tanks, tents, towers, roadside stands, sheds, signs and walls. "Structure" does not include trailers and other vehicles whether on wheels or other support.
(b) "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open space or lot lines, and used as shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with structure unless otherwise provided, and shall be construed as if followed by the words "or part or parts thereof".
(c) "Main building" means the building occupied by the chief use or activity on the premises, all parts of which buildings are connected in a substantial manner by common walls or a continuous roof.
(d) "Accessory building" means a subordinate building detached from, but located on the same zoning lot as the main building, the use of which is customarily incident to that of the main building or use.
(e) "Building line" or "setback line" means a line established by this Zoning Code, generally parallel with and measured from a front lot line, defining the limits of a front yard in which no building or structure aboveground may be located, except as otherwise provided herein.
(f) "Completely enclosed building" means a building separated on all sides from the adjacent open space or from other buildings, by a permanent roof and by exterior walls or party or single walls, pierced only by windows, entrance or exit doors.
(g) "Detached building" means a building surrounded by open space.
(h) "Basement" means a story or space with a floor level below the surface of the ground. (Ord. 67-17. Passed 5 15-67.)
(i) "Direct broadcast satellite receiving station" means an antenna of a maximum dimension of more than two feet of parabolic, or spherical or other geometric surface design permanently attached to a concrete base or caissons located on the ground or permanently attached to the roof of a main or accessory building and designed or used to receive, and/or process, and/or amplify satellite television signals. Such stations consist of the antenna or "dish", may include a low noise amplifier, and which is connected by coaxial cable to a receiver.
(Ord. 89-43. Passed 12-4-89.)
1105.06 DWELLINGS AND OTHER LIVING ACCOMMODATIONS.
(a) "Dwelling unit" means space within a dwelling comprising living, dining and/or kitchen facilities, sleeping room or rooms and space and equipment for bathing and toilet facilities.
(b) "Dwelling" means a building designed or occupied exclusively for nontransient residential use, including one-family, two-family or multi-family buildings.
(c) "One-family dwelling" means a building consisting of one dwelling unit only, detached or separate from other dwelling units by open spaces.
(d) "Two-family dwelling" means a building consisting of two dwelling units which are either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances, including duplexes and flats.
(Ord. 67-17. Passed 5-15-67.)
(e) "Multi-family dwelling" means a building consisting of three or more dwelling units with varying arrangements of entrances and party walls, including:
(1) "Row house" or "townhouse" means a multi-family dwelling comprised of dwelling units attached in a row or group, attached side by side, having party walls, and each unit having at least one separate outside entrance.
(2) "Apartment building" means a multi-family dwelling comprised of three or more dwelling units (apartments) arranged side by side and/or one above the other, and each unit having a separate entrance or entrances connected to a common outside entrance or entrances or connected to a common hall leading to the exterior.
(3) "Apartment hotel" means a dwelling which is similar to an apartment building, except that the rooms may be designed for dual use and the unit intended for more or less transient occupancy.
(4) "Senior citizen housing" means a building or group of buildings containing apartments or other dwelling units designed and administered for the special needs of elderly persons, together with related recreation, social and health facilities, administered in such a manner as to restrict occupancy to persons sixty-two years of age or older or, in the case of married couples, one of whom is sixty-two years of age or older, and to handicapped persons. "Senior citizen housing" shall also include "congregate housing". "Congregate housing" means a building or group of buildings containing apartments or other dwelling units designed and administered for the special needs of elderly persons wherein residents shall be provided at least one meal per day, central kitchen, dining and recreation, social, hobby, craft and physical therapy facilities, housekeeping and laundry assistance, limited nursing care, health monitoring and other personal services, and administered in a manner as to restrict occupancy to persons sixty-two years of age or older or, in the case of married couples, one of whom is sixty-two years of age or older, and to handicapped persons. Both "senior citizen housing" and "congregate housing" shall provide a twenty-four hour, seven day a week emergency call assistance service wherein each dwelling unit is directly connected to an office having both visual and voice communication capability within the building itself.
(Ord. 86-22. Passed 4-4-88.)
(f) "Accessory living accommodations" means a building, or part thereof, used solely as accommodations for occupants' personal guests, persons employed on the premises or other nonpaying transients, and in which no cooking or similar housekeeping equipment is provided.
(g) "Rooming house" means a building or part thereof, operated by a resident family, in which a room or rooms, excluding cooking facilities within the rental unit, are occupied for compensation by more than one person but not more than three persons by the day or for a more extended period of time.
(h) "Tourist house" means a one-family dwelling, operated by a resident family, in which only overnight guests are lodged for compensation.
(Ord. 67-17. Passed 5-15-67.)
(i) "Hotel" means every structure which, in whole or in part, as a main or accessory use is kept, used, maintained, advertised or held out to the public to be a place where living and/or sleeping accommodations, excluding cooking facilities within the rental unit, are offered for consideration to transient guests and having a common entrance or entrances. The term "transient guests" means persons who contract to occupy the premises for thirty days or less.
(j) "Motel" means every structure or group of structures, detached or semi-detached, having separate outside entrances which, in whole or in part, as a main or accessory use, is kept, used, maintained, advertised or held out to the public to be a place where only overnight sleeping accommodations, excluding cooking facilities within the rental unit, are offered for consideration to transient guests, principally automobile travelers. The term "transient guests" means persons who contract to occupy the premises on a daily basis not to exceed thirty days.
(Ord. 89-44. Passed 12-4-89.)
1105.07 FAMILY.
(a) "Family" means one person who shall be the head of the household and may include the following persons who live with the head of the household as a single housekeeping unit in a single dwelling unit:
(1) Persons related by blood, guardianship or adoption under an order of a court of competent jurisdiction, or marriage to the head of the household;
(2) Not more than two persons, including roomers and servants, not related by blood, guardianship, adoption under an order of a court of competent jurisdiction, or marriage, to the head of the household.
(3) In no event shall the number of occupants of a dwelling unit exceed the number allowed by the Housing Code.
(b) "Single housekeeping unit” means persons who join with the head of the household in sharing meals, using the living room, dining room, kitchen facilities and other common areas within a dwelling unit, and sharing customary household obligations.
(c) "Head of the household" means:
(1) In an owner occupied dwelling unit with a single owner, the head of the household is the single owner.
(2) In an owner occupied dwelling unit with more than a single owner, the head of the household is the adult owner who has the greatest number of related family members, or such other adult owner as the co-owners may designate. In no event shall the number of family members exceed those allowed under the Housing Code.
(3) In a nonowner occupied dwelling unit with a single lessee or tenant, the head of the household is the single lessee or tenant.
(4) In a nonowner occupied dwelling unit with more than a single occupant, the head of the household is the adult occupant who has the greatest number of related occupant family members, or such other adult occupant as the co-occupants may designate. In no event shall the number of family members exceed those allowed under the Housing Code.
(d) "Roomer" means a person who renders service, pays rent or provides other consideration for occupancy of one or more rooms within a dwelling unit, but less than the entire dwelling unit, who is not a member of the resident family, and who occupies or contracts to occupy the room or rooms for more than thirty consecutive days. A roomer shall either have sole and exclusive occupancy of his/her sleeping quarters or shall share such sleeping quarters with only one other person. (Ord. 89-44. Passed 12-4-89.)
1105.08 GRADES.
(a) "Established street grade" means the elevation established by the City, at the roadway center line or curb in front of the lot.
(b) "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(c) "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(Ord. 67-17. Passed 5-15-67.)
1105.09 HEIGHT OF BUILDING; ONE-STORY, ONE-AND-ONE-HALF STORY DWELLING; STORY.
(a) “Height of building” means the vertical surface measured from the highest point of the coping or the ridge of a roof, measured to the average finished grade across the front of the building. (Ord. 96-83. Passed 3-3-97.)
(b) "One-story dwelling" means a dwelling in which there are not habitable rooms above the first floor.
(c) "One-and-one-half story dwelling" means a dwelling in which the areas of habitable rooms are substantially less than the areas of habitable rooms on the first floor with at least two opposite exterior walls meeting the sloping roof not over three feet above that floor level.
(d) "Story" means that part of a building between any floor and the next floor above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling has one-half of its clear story height above grade level of the lot and is used as the first floor of the building on which it is included or where used as a dwelling.
(Ord. 81-78. Passed 9-21-81.)
1105.10 HOME OCCUPATIONS AND PROFESSIONAL OFFICES.
(a) "Home occupation" means a gainful occupation generally accepted as incidental and secondary to the use of a dwelling for residential purposes, and, unless otherwise permitted by the provisions of the Zoning Code, conducted wholly within a dwelling, or in a building accessory thereto, only by members of the resident family.
(Ord. 89-99. Passed 4-2-90.)
(b) "Home professional office" means a secondary office, accessory to and located in the dwelling occupied by a person practicing accounting, architecture, art, engineering, law, music, medicine or similar occupations or professions.
(Ord. 67-17. Passed 5-15-67.)
1105.11 LOADING SPACE.
"Loading space" means an open or enclosed space, other than a street, used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(Ord. 67-17. Passed 5-15-67.)
1105.12 LOT.
(a) "Lot of record" means land designated as a separate parcel on a plot, or deed subdividing land in accordance with law and filed in the records of Cuyahoga County.
(b) "Zoning lot" means a single tract of land abutting a dedicated street, occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces as are required by this Zoning Code, which may or may not coincide with a lot of record, and which may or may not be entirely in the same zoning district. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with "zoning lot" through this Zoning Code.
(c) "Corner lot" means a lot abutting on two streets at their intersections, where the interior angle of intersection is not more than 135 degrees.
(d) "Interior lot" means a lot other than a corner lot or through lot.
(e) "Through lot" means a lot which has two street lines opposite each other, and which are parallel, or within forty-five degrees of being parallel, to each other.
(f) "Lot line" means the boundary of a lot separating it from adjoining public or private land, including a public street.
(g) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street, except when lot lines abutting streets are of equal length, the front lot line shall be considered on the street having the longest frontage within the same block. Unless the context clearly indicates the contrary, the term front lot line shall be synonymous with street line.
(h) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.
(i) "Side lot line" means a lot line which is neither a front nor rear lot line.
(j) "Lot depth" means the mean horizontal distance of a lot measured along the building line at right angle to the mean lot depth line. Width at front lot line is measured on front lot line. (Ord. 67-17. Passed 5-15-67.)
1105.13 NONCONFORMING BUILDING, LOT AND USE.
(a) "Nonconforming building" means a building which was lawful prior to the adoption of the Zoning Code, or an amendment thereto, but which does not conform to the lot area, dwelling area, yard regulations, height, or bulk of building, yard regulations or other regulations of the district in which it is located by reason of such adoption or amendment.
(b) "Nonconforming lot" means a lot which was lawful prior to the adoption of the Zoning Code, or an amendment thereto, but which does not conform to the lot, area, width, access or other requirements of the district in which it is located by reason of such adoption or amendment.
(c) "Nonconforming use" means the use of a building or land which was lawful prior to the adoption of the Zoning Code, or an amendment thereto, but which does not conform to the use regulations or off-street parking and/or loading requirements of the district in which it is located by reason of such adoption of amendment.
(Ord. 93-86. Passed 2-7-94.)
1105.14 OCCUPANCY CERTIFICATE.
"Occupancy certificate" means an official statement asserting that a given building, other structure, or parcel of land, is in compliance with the provisions of all existing codes and hence may be used lawfully for the purposes designated thereon.
(Ord. 67-17. Passed 5-15-67.)
1105.15 SIGNS.
1105.16 STREET.
"Street" means an existing public way affording the principal means of access to abutting property. (Ord. 67-17. Passed 5-15-67.)
1105.17 USE.
(a) "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, or any occupation, business, activity or operation carried on in a building or other structure or zoning lot.
(b) "Main use" means the principal purpose of or activity in a building, other structure or zoning lot.
(c) "Accessory use" means a use, located on the same zoning lot which the main use of building or land, but incidental to the main use of the main building or land.
(d) "Similar use" means a use similar to the permitted buildings and uses in a zoning district as determined by the Planning and Design Commission in accordance with the following criteria:
(1) That such a use is not listed in any other classification of permitted buildings and uses; and
(2) That such a use does not create traffic to a greater extent than the other permitted buildings and uses of the particular zoning district; and
(3) That such a use does not create dangers to health and safety, and does not create offensive noise, vibration, air pollution, glare or other objectionable influences greater than normally resulting from other permitted buildings and uses of the particular zoning district; and
(4) That such a use would be an asset to the community and be related more closely to the basic characteristics of the particular zoning district than to any other zoning district. (Ord. 82-21. Passed 6-7-82.)
(e) "Conditional use" means a use which is permitted in a zoning district as regulated by the provisions of the Zoning Code, approved by the Planning and Design Commission and Council, and which meets special conditions of use.
(Ord. 86-22. Passed 4-4-88.)
1105.18 VARIANCE.
"Variance" means a modification of the provisions of this Zoning Code.
(Ord. 67-17. Passed 5-15-67.)
1105.19 YARDS AND COURTS.
(a) "Yard" means that portion of the open area on a zoning lot extending between a building and the nearest lot line, open and unobstructed from the ground upward.
(b) "Front yard" means the yard extending from the front wall of the building to the front lot line across the full width of the lot.
(c) "Rear yard" means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
(d) "Side yard" means the yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard, provided that, for a corner lot, the side yard extends from the front yard to the rear lot line on the street side.
(e) "Required yard" means the minimum yard required between a lot line and a line for building, to comply with the regulations of the district in which the zoning lot is located.
(f) "Court" means an open space other than a yard, bounded on two or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
(Ord. 67-17. Passed 5-15-67.)
1109.01 ESTABLISHMENT OF DISTRICTS.
In order to carry out the purpose of this Zoning Code, the City is hereby divided into the following districts:
Title | Abbreviation |
Civic and Recreational | CR |
Residential Districts | |
One-family 75 | R1F-75 |
One-family 60 | R1F-60 |
One-family 50 | R1F-50 |
One-family 40 | R1F-40 |
Two-family | R2F |
Multi-family garden | RMF-G |
Multi-family - high-rise | RMF-HR |
Multi-family - townhouse | RMF-TH |
Low-Rise Planned Development | PD |
Senior Citizen Housing District | SH |
Business Districts | |
General Business - “A” | GB-A |
General Business - “B” | GB-B |
Office Building - “1" | OB-1 |
Office Building - “2" | OB-2 |
Office Building - “3" | OB-3 |
Whenever the abbreviated terms, R1F-75, GB-A, etc. are used in this Zoning Code, they shall be construed as referring to their corresponding district titles. The Office Building District is divided into three Height Districts known as Office Building - "1", Office Building - “2" and Office Building - "3". The schedules and zoning regulations applicable to Office Building Districts shall be applicable to the three Height Districts other than those schedules and zoning regulations applicable to a specific Height District only.
(Ord. 98-34A. Passed 11-16-98.)
1109.02 ESTABLISHMENT OF REGULATIONS.
Any building and any tract of land may be used, and the use of any building and any tract of land may be changed or extended, and any existing building may be altered, converted, enlarged, reconstructed, moved or maintained, for any use permitted or required by the regulations for the district in which the building or tract of land is located, and for no other use.
Such use, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance shall be subject to all area, yard, height and all other regulations set forth or referred to for the district in which the building or tract of land is located and to all other applicable regulations of this Zoning Code.
(Ord. 67-17. Passed 5-15-67.)
1109.03 ESTABLISHMENT OF ZONE MAP.
The aforesaid districts are designated by symbols and the locations and boundaries of such districts are established on a map entitled, "Zone Map of the City of Fairview Park, Ohio", dated March 6, 1995. All notations, schedules and other information shown thereon and all amendments thereto are hereby made a part of this Zoning Code, and it may be amended in the same manner as any other part of this Zoning Code or in the manner provided by the Charter of the City of Fairview Park.
(Ord. 94-96. Passed 3-6-95.)
1109.04 DISTRICT BOUNDARY LINES.
The district boundary lines of the Zone Map enclose an area of a designated district and generally follow the center lines of streets or alleys, lot lines or their extensions. However, where a boundary line is shown by dimension or relationship as being located a specific distance from and parallel to a street line, this distance shall control. Where a boundary line does not coincide with any of the aforesaid lines, and where it is not located by dimensions shown on the map, it shall be determined by use of the scale appearing thereon. In cases of uncertainty, the Board of Zoning and Building Appeals shall determine the exact location.
(Ord. 67-17. Passed 5-15-67.)
1109.05 ZONING LOT DIVIDED BY DISTRICT BOUNDARY.
Where any lot is partly in one district and partly in another district with different regulations, the part of such zoning lot within each district shall conform to the regulations of that district, with the exception that the area of the entire zoning lot may be used to compute the unit area requirements set forth in this Zoning Code. In the event that the area, or any part thereof, of the entire zoning lot is used to compute the unit area requirements set forth in this Zoning Code, then the entire area of such zoning lot shall be landscaped and maintained as such, as required by the Planning and Design Commission.
(Ord. 67-17. Passed 5-15-67.)
1113.01 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained only for the uses set forth in the schedules and regulations of this chapter.
(a) Main buildings and uses listed in Section 1113.02 shall be permitted as the principal building or use of a lot or parcel located only in a district in which it is specifically permitted.
(b) Accessory buildings and uses listed in Section 1113.02 shall be permitted as a subordinate building or use which is clearly incident to, and located on the same zoning lot or parcel as the main building or use is permitted.
(Ord. 67-17. Passed 5-15-67.)
1113.02 SCHEDULE OF PERMITTED BUILDINGS AND USES.
(a) Main Uses.
(1) Governmental. Municipal, County, State, Federal and other public buildings and uses principally for administrative functions and use by the public.
(2) Civic. Publicly owned art galleries, museums, club and community centers, memorials, cemeteries, libraries and lodge halls.
(3) Educational. Primary and secondary public, private or parochial schools, public or private colleges or universities.
(4) Recreational. Public parks, recreation fields and playgrounds, gymnasiums and auditoriums, stadiums, pools and theaters.
(5) Religious. Churches, synagogues and tabernacles.
(Ord. 93-2. Passed 4-5-93.)
(b) Accessory Uses.
(1) Accessory off-street parking and loading facilities as required by this chapter.
(3) Storage buildings and comfort stations.
(4) Structures and facilities for active or passive recreation.
(5) Residences for custodians, guards, or employees.
(6) Maintenance and heating facilities.
(7) Exterior condensers of central air conditioning systems.
(8) Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1113.04
(a).
(Ord. 95-67. Passed 10-16-95.)
1113.03 YARD REGULATIONS.
(a) All main uses permitted in a Civic District shall have the following minimum required yards:
Front - 30 feet
Rear - 50 feet.
(b) A side yard is not required. The Planning and Design Commission may require landscape buffering or landscape screening in accordance with Section 1113.09 and Section 1149.05 along a side or rear lot or parcel line provided that any wall or any fencing whether incorporated as part of a landscape buffer or whether used as a landscape screen along the side lot line of the front yard of an adjacent Residential District or any other zoning district with an existing residence thereon shall not be constructed, erected or installed closer than twenty feet from the right-of-way line. Except as otherwise specifically permitted or as specifically required by the provisions of this chapter, trees, shrubs, yard structures and other landscape features shall not be constructed, erected or installed closer than twenty feet from the right-of-way line. Required front yards shall not be used for parking. Open parking areas in side or rear yards shall not be closer than six feet to an adjoining lot line of a Residential District or any other zoning district with an existing residence thereon.
(Ord. 95-67. Passed 10-16-95.)
1113.04 HEIGHT REGULATIONS.
(a) The height of any main or accessory building shall not exceed sixty feet in a Civic and Recreational District. Church spires, cupolas, domes, towers and monuments shall not exceed 100 feet above finished grade. In a Civic and Recreational District stacks, water tanks, elevator penthouses, bulkheads, skylights, ventilators, air conditioning and temperature control equipment, other mechanical appurtenances relating to the operation of the main or accessory building itself and penthouse enclosures for mechanical appurtenances erected upon or constituted as an integral part of the main or accessory building itself and not used for human occupancy may be erected to a height not to exceed fifteen feet above the finished roof line of the building.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae (except as provided in subsection (b) hereof), chimneys, flag poles and other like structures may be erected above the height limits specified herein, subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which such structure is attached to a main or accessory building, to the top of such structure shall not be greater than the horizontal distance from the base of such structure to the nearest adjoining property line.
(2) A variance approved by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from the main building, or over fifteen feet in height above the uppermost point of attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving and transmitting tower and any radio or television antennae may be erected only in a side yard or in a rear yard in accordance with the provisions of this section.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand windloads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
(b) A direct broadcast satellite receiving station may be placed on the roof of a main or accessory building provided all of the following conditions are satisfied:
(1) The receiving station is not linked or otherwise connected to receivers which are not located within the same premises as the antenna;
(2) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(3) The satellite receiving dish shall not exceed nine feet in dimension;
(4) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations, including calculations certifying to the capability of the roof to support the dish and the base, and details for the installation shall be furnished to the Division of Building;
(5) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(6) The dish shall not be placed closer than twenty feet from any roof edge;
(7) Only one such station shall be permitted at any one time on the same building;
(8) No lettering, numerals, symbols, pictorial signs or designs exceeding one-half inch in any dimension shall be permitted on any surface.
(Ord. 95-67. Passed 10-16-95.)
1113.05 ACCESSORY PARKING FACILITIES REQUIRED.
Required off-street parking facilities, including access driveways, accessory to an existing use, and those required as accessory to a use created or a building constructed or altered hereafter, shall be continued and maintained in operation, and shall not be reduced below the requirements during the period that the main use is maintained. Failure by the owner or owners to supply such off-street parking shall cause the Building Commissioner to revoke the occupancy of a sufficient area in order to bring the facility into conformity with parking requirements.
(a) Whenever the use of an existing building is changed to a use requiring more parking facilities, or whenever an existing building is altered and there is an increase in seating capacity or floor area, appropriate additional parking facilities shall be provided on the same lot or on an adjacent lot under the same ownership. (Ord. 84-93. Passed 6-17-85.)
(b) Permitted main uses may share up to, but not more than, fifty percent (50%) of their off-street parking requirements in an adjoining General Business District A or B including adjoining parking areas which are accessory to permitted General Business “A” or “B” uses which normally have different hours of operation.
(Ord. 95-67. Passed 10-16-95.)
(c) Where there is a sharing of parking facilities as permitted by subsection (b) hereof, there shall be a written agreement covering such indefinite period of time as may be required by the Planning and Design Commission whereby the owner of the land on which the facilities are to be located shall be bound by a long term lease or by a covenant filed and recorded in the Office of the County Recorder requiring such owner, his heirs, successors or assigns to make such parking facilities available to such use.
(Ord. 93-2. Passed 4-5-93.)
1113.06 MEASUREMENT STANDARDS.
(a) "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, patrons, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle, and shall have a minimum rectangular dimension of not less than nine feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.
(b) “Employees", wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.
(c) "Seating capacity" means the number of seating units installed or indicated on plans for places for assembly; where not indicated on plans, it shall be assumed that a seating unit shall occupy six square feet of floor area exclusive of all aisles or areas used for assembly.
(d) Where the computation of required spaces results in a fractional unit, one additional space shall be provided.
(Ord. 93-2. Passed 4-5-93.)
(Ord. 93-2. Passed 4-5-93.)
1113.07 SCHEDULE.
Nature of Facility | Spaces Required |
(a) Governmental. Municipal, County State, Federal and other public assembly buildings. | 1 per 4 seats of area used for public plus 1 per each 2 employees |
(b) Civic. Art galleries, libraries museums, churches, synagogues and tabernacles, club and community centers. | 1 per 3 seats of seating capacity of area used for assembly plus 1 per each 2 employees |
(c) Educational. Public and private and parochial primary and secondary schools, public, private or parochial colleges or universities. | 1 per 3 seats of seating capacity of area used for assembly plus 1 space per faculty and staff member |
(d) Places of Assembly. Auditoriums, lodge halls, theaters, gymnasiums, pools, stadiums. | 1 per 3 seats of seating capacity of area used for public assembly |
(Ord. 93-2. Passed 4-5-93.)
1113.08 ACCESSWAYS TO PARKING AREAS.
The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on adjacent streets. Whenever possible, the center line of the access driveways on the frontage street shall be at least forty feet from the right-of-way lane of the nearest intersecting street and spaces at not less than 120 feet intervals, measured from the center line of the driveways.
Parking areas shall be designated so that vehicles can be driven forward into the street. Those of fifteen spaces or less shall have at least one single-lane driveway with a maximum of two single-lane or one two-lane driveway. Those of sixteen spaces or more shall have at least two single-lane or one two-lane driveway. Each accessway to a parking area of sixteen spaces or more shall be limited to two lanes.
The width of driveways, measured at the setback line, shall conform to the following schedule. At no point where adjoining a public sidewalk shall the maximum widths be exceeded.
Lanes | Minimum (feet) | Maximum (feet) |
1 | 10 | 12 |
2 | 18 | 24 |
The angle of intersection between the driveway and the street shall be between sixty degrees and ninety degrees. The radius at the edge from the apron shall be at least twelve feet, twenty feet recommended, so that a motor vehicle entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or in the curb lane of the street.
(Ord. 84-93. Passed 6-17-85.)
1113.09 SURFACE IMPROVEMENTS; PARKING.
(a) Proposed and existing parking areas and access driveways shall be improved with asphalt concrete or portland cement concrete or other impervious surface and shall be so graded and drained into proper inlets so that all water is drained within the lot on which the parking area or driveway is located in such manner that water shall not drain across other public or private property.
(b) Parking areas shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this chapter, and shall be improved, except at entrances and exits with guard rails, curbs or other devices to define parking spaces or limits of paved areas, so as to prevent encroachment of vehicles into adjacent areas of public ways, yards or setbacks required by the Zoning Code, and so as to regulate the flow of traffic within the lot.
(Ord. 84-93. Passed 6-17-85.)
(c) The Planning and Design Commission may require landscape buffering or landscape screening to be provided on the parking area property to insulate the parking areas and driveways from a side or rear lot line of other property in Residential Districts or any other zoning district with an existing residence thereon. Landscape buffering may include, but shall not be limited to, evergreen trees and bushes, compact hedges, shrubs, earth berms or a combination thereof. Landscape screening shall include plant material or other nonliving durable material, including, but not limited to, walls, berms or substantially solid decorative wood fencing. Where trees and shrubs are used to provide a landscape buffer, such shall provide a year-round state of being substantially impervious to rays of light. It shall be acceptable to incorporate fencing as part of the landscape buffer where noise and lights create a need that such landscape buffer include fencing. Fencing may also be used to provide landscape screening. Wherever used, fences shall be of a decorative style and type. Walls and berms shall be used only in the most unusual cases.
The desired buffering or screening effect shall be achieved not later than twelve months after the initial installation. The Planning and Design Commission may extend this twelve month period of time when a hardship would be created because of expected growth or material shortages, but such extension shall not be for more than two years from the time the initial installation was to have been or has been installed. All buffering and screening requirements imposed under the provisions of this subsection shall be installed and constructed before a certificate of occupancy is issued for a new building or structure. No existing building, structure or vehicular use area adjoining a Residential District or any other zoning district with an existing residence thereon shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning and Design Commission for its determination as to whether the change adversely affects any properties in a Residential District or any other zoning district with an existing residence thereon. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or the installation of landscape screening, or a revision of a previously established buffered area or screening. The width and height of the landscape buffer or landscape screening shall be determined by the Planning and Design Commission provided, however, that the maximum height of fencing, whether incorporated as part of the landscape buffer or whether used as a landscape screen, which may be permitted shall be seven feet above finished grade. The owner or developer shall be responsible for the maintenance and replacement, if necessary, of the landscape buffer or landscape screening.
Owners or developers of off-street parking areas shall be required to include a plan for buffering or screening the parking areas and driveways, including a detailed description and sketch of the landscape buffer or landscape screening which visually and verbally outlines the nature and the effect of the proposed landscape buffer or landscape screening. A certificate of occupancy shall not be granted until the buffering or screening requirements have been completed. If completion, in the case of living materials, is delayed because of the growing season, a temporary permit to occupy may be granted by the Building Commissioner. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested. (Ord. 95-67. Passed 10-16-95.)
(d) The Planning and Design Commission may require landscaping of lands to break up the expanse of pavement for a parking area of twenty or more vehicles to carry out the objectives of this Zoning Code and to preserve the use and enjoyment of adjoining property.
(Ord. 84-93. Passed 6-17-85.)
1113.10 APPROVAL OF OFF-STREET PARKING FACILITIES.
Detailed drawings of off-street parking facilities shall be submitted to the Planning and Design Commission for review and approval in accordance with all the provisions of this chapter before a building permit or certificate of occupancy may be issued. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features as set forth in this chapter. (Ord. 84-93. Passed 6-17-85.)
1113.11 ILLUMINATION OF OFF-STREET PARKING FACILITIES; ACCESSWAYS.
Areas used to provide required off-street parking, and accessways thereto, shall be illuminated whenever deemed necessary by the Planning and Design Commission to protect the public safety. Illumination shall be reduced in intensity after the close of business of the main use or uses. Lighting fixtures shall be so designed and located as not to reflect direct rays of light upon adjoining residential properties and streets or cause a glare hazardous to pedestrians or drivers of motor vehicles on adjacent public streets, and shall be subject to the approval of the Commission. (Ord. 84-93. Passed 6-17-85.)
1113.12 SURVEY AND APPROVAL OF THE CITY ENGINEER REQUIRED.
The City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building or use set forth in the application for a building permit and shall forward his approval to the Building Commissioner prior to the issuance of a building permit.
(Ord. 95-67. Passed 10-16-95.)
1113.13 APPLICATION AND DESIGN OF PARKING AREAS.
(a) Application for Providing Facilities. An application for a building permit pertaining to constructing a building or parking facility or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area to be provided in accordance with the space requirement schedules that are a part of this Zoning Code.
(Ord. 84-93. Passed 6-17-85.)
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement standards in Section 1113.06
, the standards for designing parking areas in subsection (c) hereof, the schedule of accessory parking requirements for the various uses in Section 1113.07
and any other applicable provisions of this Zoning Code.
The Planning and Design Commission may modify the parking requirements of Section 1113.07 under such terms and conditions as it determines will protect the public interest where it finds based upon the factual evidence presented that due to the nature of the particular use such requirements will not be adequate to provide sufficient parking or where the strict application of the requirements will result in an excessive amount of parking related to the particular use.
(Ord. 95-67. Passed 10-16-95.)
(c) Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area, or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with such standards for designing parking areas as may be adopted by the Planning and Zoning Commission. Design standards for enclosed parking areas and garages, shall be in accordance with other provisions of the Zoning Code.
(d) Handicapped parking spaces shall be provided in accordance with the provisions of the Ohio Basic Building Code.
(Ord. 84-93. Passed 6-17-85.)
1113.14 REQUIRED TRASH AREAS.
All civic and recreational uses that provide trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning and Design Commission shall be required.
(Ord. 84-93. Passed 6-17-85.)
1113.15 DEPOSIT FOR SURVEY OF PUBLIC SANITARY AND STORM SEWERS.
A deposit by the applicant for a building permit shall be made with the Finance Director in the amount of one hundred fifty dollars ($150.00) to cover the cost and expense of such survey of public sanitary and storm sewers. The cost and expense of such survey shall be paid by the City from such deposit. (Ord. 85-65. Passed 9-3-85.)
1117.01 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained only for the uses set forth in the schedules and use regulations of this chapter.
(a) Main buildings and uses, listed in Section 1117.02, shall be permitted as the principal building, use or activity of a zoning lot located only in a district in which it is specifically permitted.
(b) Accessory buildings and uses, listed in Section 1117.02, shall be permitted as a subordinate building or use, which is clearly incident to, and located on the same lot, as the main building or use. These shall be located only in a district in which specifically permitted.
(Ord. 67-17. Passed 5-15-67.)
1117.02 SCHEDULE OF PERMITTED BUILDINGS AND USES.
(a) Main Uses.
District | Use |
R1F-75 | |
R1F-60 | |
R1F-50 | One-family dwellings with or without attached garage |
R1F-40 | |
R2F | (1) One-family dwellings with or without attached garage |
(2) Two-family dwellings with or without attached garage |
(Ord. 92-14. Passed 6-15-92.)
(b) Accessory Uses.
(1) One detached private garage not exceeding seven hundred twenty-five (725) square feet, outside foundation measurements, shall be permitted subject to the area requirements in Section 1117.09 and the yards for accessory building requirements in Section 1117.15. The maximum permitted size of a detached private garage shall be reduced in an amount equivalent to the square feet in floor area of a permitted utility building or like permitted accessory building erected or to be erected on the same lot.
(Ord. 96-83. Passed 3-3-97.)
(2) Accessory off-street parking as regulated by Section 1117.21.
(3) Private garden and recreation uses and structures, pools, fences, walls as provided in Section 1117.17.
(4) The renting from a resident family of not more than two rooms to not more than two roomers unrelated to each other by blood, marriage, adoption or guardianship is permitted, provided that the exterior character of the dwelling is not changed, no separate cooking facilities are maintained and off-street parking is provided as set forth in Section 1117.21.
(5) Home occupations: Home occupations shall be permitted in accordance with the provisions of this subsection.
A. Home professional offices, and office space for businesses, services and home occupations provided that:
1. Such office space is used only by members of the family residing within the dwelling and does not involve the employment of any person not a resident of the household; and
2. The space used does not occupy more than twenty percent (20%) of the floor area of the dwelling; and
3. The residential character of the dwelling exterior or accessory building is not changed; and
4. No equipment or machinery is employed or used in conducting such business, service, profession or occupation which shall create dust, noise, odors, glare, vibrations or electrical interferences beyond the lot and any equipment or machinery otherwise employed or utilized is limited to typewriters, adding machines and other similar office equipment; and
5. The activity does not involve the delivery of materials by any motor vehicle other than a passenger automobile; and
6. The activity does not involve the parking of more than two vehicles at any one time by patrons, clients or customers; and
7. Except as otherwise permitted by Chapter 1145, the operation of such activity is not advertised by any sign on the dwelling or lot; and
8. No item shall be manufactured on the premises or retail sales made or materials displayed from the premises.
B. Child day care service as defined and permitted by Section
1149.18
.
(6) Private swimming pools.
A. "Private swimming pool" means a pool, pond, lake or open tank not located within an enclosed building, containing at least one and one-half feet of water at any point, and which is maintained by:
1. An individual for the exclusive use of his household and guests;
2. The owners or managers of a multi-family development for the exclusive use of tenants and guests, and operated without charge for admission and not operated for profit; or
3. Home associations for the exclusive use of members and guests.
B. A private swimming pool shall be permitted in a residential district provided that:
1. It is located on the same lot as the building or buildings served;
2. In a one and two-family district, the pool is located only in the rear yard and is not less than ten feet from any side lot line and eight feet from the rear lot line;
3. It is located on common land under the control of a homes association.
C. Safety requirements, construction, maintenance and operation of swimming pools shall be in accordance with Chapter 1321 of the Building Code.
(8) Central air conditioning condensers shall be permitted in any of the residential districts. Such units shall be permitted in side or rear yards subject to Section 1117.11.
(9) Signs shall conform to Chapter 1145 which established an exterior and interior sign code.
(10) A utility building shall be permitted in a rear yard for the storage of recreational equipment, garden and yard tools, swimming pool maintenance equipment and general household items provided that such building is not more than 144 square feet in floor area, not more than ten feet six inches (10' 6") in height and subject to the area requirements in Section 1117.09 and to the yards for accessory building requirements in Section 1117.15.
(Ord. 92-14. Passed 6-15-92.)
1117.03 TEMPORARY USES.
(a) Temporary office, storage and other structures, of contractors or builders, are permitted in One and Two-Family Residential Districts, provided such uses are deemed necessary to the development of the premises and provided a building permit has been obtained. Such structures shall be removed within thirty days after completion of work on the premises of if construction is not pursued diligently.
(b) Temporary living space, or those spaces used until the main dwelling is completed, and generally located in basements, garages or nonstructures such as trailers, shall not be permitted in any One or Two-Family Residential Districts. A dwelling, however, may be temporarily occupied on or above the ground floor, provided:
(1) The exterior of the dwelling is enclosed;
(2) The plumbing, heating and electrical wiring is installed and safely enclosed;
(3) The walls and ceiling of the principal rooms are covered with the basic wall material; and
(4) A temporary certificate of occupancy is obtained for a period not to exceed 120 days.
(Ord. 67-17. Passed 5-15-67.)
1117.04 REMOVAL OF SOIL.
Soil, sand or gravel shall not be stripped or removed in One and Two-Family Districts except excess soil, sand or gravel resulting from excavation or grading in connection with the construction or alteration of a building for which a building permit has been issued.
(Ord. 67-17. Passed 5-15-67.)
1117.05 ACCESS TO LESS RESTRICTIVE AREAS.
Driveways, walks or other accessways to any use which is not permitted in the district shall be prohibited. (Ord. 67-17. Passed 5-15-67.)
1117.06 OPEN STORAGE PROHIBITED.
Garden tractors, snow plows, similar equipment for dwelling home use and all other equipment and supplies, shall be stored in an enclosed structure at all times when not in use.
(Ord. 74-47. Passed 12-15-75.)
1117.07 OUTDOOR STORAGE AND PARKING OF RECREATIONAL EQUIPMENT; PROHIBITIONS AND EXCEPTIONS; PERMIT REQUIREMENTS.
(a) Definitions. As used in this chapter; "recreational equipment" means and includes the following:
(1) "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, permanently identified travel trailer by the manufacturer.
(2) "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render as suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(3) "Truck camper" means a pick-up truck with a slide in camper mounted on it.
(4) "Motor home" means a portable dwelling designed and constructed as an integral part of self-propelled vehicle.
(5) "Folding tent trailer" means a canvas folding structure mounted on wheels and designed for travel and vacation uses.
(6) "Boats" and "boat trailers" includes boats, floats, rafts and snowmobiles, plus the normal equipment to transport the same on the highway.
(b) Outdoor Parking and Storage on Private Property, Exceptions and Permit Requirements. No person shall park or store, or permit to be parked or stored, recreational equipment upon any lot or land designated within the boundaries of the residential one and two-family districts except as hereinafter provided. Any owner of recreational equipment may park or store such equipment not in excess of twenty-eight feet overall length, eight feet in width and eleven feet in height, such height being measured from ground level, only on property where he is living in accordance with the following conditions:
(1) Under no circumstances shall any recreational equipment have fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall such equipment be used at any time, while parked or stored on any residential lot within the City, for living, overnight sleeping, storage or housekeeping purposes.
(2) All recreational equipment shall be stored or parked as far from side and rear lot lines as practicable, and in no case less than three feet from such lines and not in front of the extension of the rear foundation line of the main dwelling or structure. Loading and unloading of such vehicle or equipment shall be done in the rear yard only, and then placed in its approved location as permitted as soon thereafter as possible but not to exceed twenty-four hours thereafter.
(3) All recreational equipment shall be kept in good repair and carry a current year's license plate and registration where required by law.
(4) No person shall make or cause to be made major repairs, alterations or conversions of recreational equipment unless such repair, alteration or conversion is done in a completely enclosed garage. Repairs of a major type are herein defined to include, but not limited to spray painting, body, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removing of engine cylinder head or crankcase pan or removing the motor and conversion of any other type of motor. The conversion of any vehicle of a size larger than stipulated in subsection (b) hereof is expressly prohibited.
(5) No materials of any nature may be stored beneath such recreational vehicle.
(6) When such vehicle is parked or stored outside of a garage in such approved or permitted location, the wheels shall be left on such vehicle or vehicle conveyance so that it may be moved in case of an emergency.
(7) If the owner or person in charge of such vehicle as described in subsection (a) hereof, is a guest of the occupant or occupants of such property, it shall be the responsibility of the occupant to obtain prior approval from the Building Commissioner for such vehicle or equipment to be parked or stored. Such approval shall be limited to fourteen days in the aggregate. Parking of such guest vehicles as herein described shall not be permitted on any public street.
(8) No recreational vehicle shall be parked or stored unless it is titled to, leased or used exclusively by one of the permanent occupants of the residence where the recreational vehicle is located, or has otherwise conformed to subsection (b)(7) hereof. (Ord. 76-42. Passed 10-18-76.)
(9) All owners of recreational vehicles and equipment who desire to store their vehicles or equipment as heretofore described, outside of a garage shall apply for a permit to do so. Two plot plans showing the size and location of all structures on the lot, with the proposed location of the vehicle or equipment shall be submitted. The dimensions of such vehicle or equipment shall be included. The permit fee shall be as set forth in Chapter 1307. The criteria used for location of outdoor storage shall include but is not limited to:
A. Location of vehicle parking area to adjacent residences.
B. View of parking area from the street and neighboring properties.
C. Use of existing or natural screening, such as, building walls, fencing, evergreen planting or shrubbery.
The Building Division shall review such plans for approval and based on its determination, a permit shall be issued for location of recreational vehicles and equipment.
(Ord. 87-27. Passed 9-8-87.)
(10) All new residents of the City, who have or intend to purchase such recreational equipment, as herein defined, as well as those residents who may acquire such vehicles or equipment after the effective date of this chapter, shall be bound by all provisions herein enacted with the following exception: providing such residents and/or property owner may store or park such vehicle or equipment as provided in subsection (b)(2) hereof, they shall have sixty days of their residency or acquisition of such vehicle or equipment, to apply for a permit for such parking or storage location as herein provided.
(c) In such instances where the owner or person in charge of such vehicles or equipment as described in subsection (a) hereof, being unable to park such vehicle or equipment in accordance with the requirements of subsection (b) hereof, then in that event such owner or person in charge shall be permitted for the purpose of loading and unloading such vehicle to park such vehicle for a period of twelve hours in his driveway without securing prior approval of the Division of Building, and for a period not to exceed five forty-eight hour periods per calendar year with the approval of the Division of Building. Parking of such vehicle as herein described shall not be permitted on any public street.
(Ord. 76-42. Passed 10-18-76.)
1117.08 AREA REGULATIONS.
Land and buildings shall be erected and used in accordance with the following area regulations:
(a) There shall be not more than one dwelling on a lot. No dwelling shall be erected to the rear of another building on the same lot. There may be one or more accessory buildings on the same zoning lot with a main building.
(b) The width of a zoning lot shall be not less than the width required for the type of dwelling permitted in the district in which the lot is located, as set forth in Section 1117.09
, and shall be measured on the building line. Each zoning lot shall abut upon a dedicated street for the required lot width, except, on curved streets, the width at the front lot line may be less but shall be at least sixty percent of the width required at the building line.
(c) A parcel of land may be divided into two or more zoning lots, provided all lots resulting therefrom shall conform to all area and width regulations of the district in which it is located. A lot of record, whether vacant or occupied, which was owned separately from adjoining lots on the effective date of this Zoning Code, and which has an area or width equal to, or less than, that required by these regulations shall not be further reduced in any manner except by its entire conveyance to adjacent owners.
(Ord. 67-17. Passed 5-15-67.)
1117.09 SCHEDULE OF AREA REQUIREMENTS.
Lot area per dwelling unit (square feet) | Width of lot at building line (feet) | Maximum percent of lot covered by buildings | |
R1F-75 | 11,250 | 75 | 40 |
R1F-60 | 7,800 | 60 | 35 |
R1F-50 | 7,500 | 50 | 35 |
R1F-40 | 5,000 | 40 | 35 |
R2F | 7,500 | 50 | 35 |
(Ord. 07-74. Passed 3-3-08.)
1117.10 LOT OF RECORD OF INSUFFICIENT AREA AND/OR WIDTH.
A lot of record on the effective date of this Zoning Code, or any amendment thereto, which does not comply with the area or width of lot regulations of the district in which it is located and is thereby nonconforming, may be used as follows:
(a) If occupied by a building, such building may be maintained, repaired or altered provided front, rear and side yards of less dimensions than required for the district may not be further reduced.
(b) If vacant, the lot may be used as site for a dwelling, provided:
(1) Rear yard requirements of the district are complied with;
(2) Side yards are not less than three feet on one side and eight feet on the opposite side where the lot has a frontage of less than fifty feet; or five feet and ten feet where the frontage is fifty feet or more; and
(3) Front yards shall not be less than the distance to the established setback of existing residences on the same side of the street and within the same block. (Ord. 67-17. Passed 5-15-67.)
1117.11 YARD REGULATIONS.
Land and buildings shall be used and erected in accordance with the following yard regulations
(a) The front yard depth of a zoning lot shall be measured from the front lot line to the nearest exterior wall of the building as set forth in Section 1117.12.
(b) Two side yards shall be provided for every one and two-family dwelling on a zoning lot. Widths of such yards of a lot shall be not less than as set forth in Section 1117.12, except: where side yards are narrower than required for the district in which the building and lot are located, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with the dimensions set forth in Section 1117.12.
(c) The minimum and maximum side line requirements as herein provided shall be respectively on the same side of the lot as the majority of existing properties on the same side of the street within the same block.
(d) Yards on corner lots shall be not less than the required setback from the front lot line at the front, and the width of the side yard on the street side shall be not less than twenty percent of the width of the lot at the building line.
(Ord. 67-17. Passed 5-15-67.)
1117.12 SCHEDULE OF YARD REQUIREMENTS.
(a) Except as provided in Section 1117.10(b) and in subsection (b) and (c) hereof, the following shall be the schedule of yard requirements:
Minimum front yard depth (feet) | Minimum side yard width (feet) | Rear yard Depth (feet) | |
R1F-75 | 40 | 7-1/2 & 10 | 28 |
R1F-60 | 40 | 5 & 10 | 28 |
R1F-50 | 40 | 5 & 10 | 28 |
R1F-40 | 40 | 5 & 8 | 28 |
R2F | 40 | 5 & 10 | 28 |
(Ord. 07-74. Passed 3-3-08.)
(b) Where the minimum front yard depth of residential buildings between two successive intersecting streets is less than specified in subsection (a) hereof, for the respective district, the residential buildings shall be considered as conforming with respect to the aforesaid minimum front yard depth.
(c) Where fifty percent (50%) or more of the street frontage between two successive intersecting streets is occupied by residential dwellings of the type permitted by Section 1117.02 which have an average front yard depth greater than that required by subsection (a) hereof, such average front yard depth shall be the minimum required front yard depth for any lot between such intersecting streets.
(Ord. 92-14. Passed 6-15-92.)
1117.13 YARD REGULATIONS; GROUP DEVELOPMENT.
In order to encourage greater attractiveness, flexibility and fuller utilization of yard spaces, the following planned variations to yard regulations may be permitted with a group of three or more contiguous one or two-family dwellings, designed or developed as a unit: the depth of front yards may be varied by increasing or decreasing the setback, provided any setback line is increased or decreased not more than five feet from the established building line, and the average depth of the front yards for the entire unit development is not less than the minimum depth required for front yards in the district in which they are located.
(Ord. 67-17. Passed 5-15-67.)
1117.14 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a yard for any other existing building on the same or adjacent lot.
A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building, and a yard of less than the required dimensions shall not be further reduced. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as set forth in Section 1117.15, and permitted projections as set forth in Section 1117.16.
(Ord. 67-17. Passed 5-15-67.)
1117.15 YARDS FOR ACCESSORY BUILDINGS.
On an interior lot, an accessory building may be located in a rear yard but not less than three feet from a rear or side lot line, except an existing accessory building located not less than eighteen inches from a side or rear lot line may be altered or expanded.
On a corner lot, an accessory building shall be set back from the side yard lot line on the street side not less than forty percent of the width of the lot at the building line.
(Ord. 92-14. Passed 6-15-92.)
1117.16 PROJECTIONS INTO YARDS.
A projection is that part or feature of a building which extends outside of the enclosing surfaces into a yard. Required front, side and rear yards shall be open and unobstructed from the ground to the sky except for the following:
(a) Architectural features, including a balcony, chimney, cornice or solid overhang, not more than ten feet wide, may project not more than three and one-half feet into a required front yard, and not more than three feet into a required side yard, provided the projection shall be not less than four feet, vertical projection, from any side lot line, and the distance from such lot line shall be increased two inches for each foot the feature exceeds ten feet in width.
(b) Entrance features, including a platform, steps, landing, terrace or other feature not extending above the first floor of a building, may project not more than eight feet into a required front yard, and not more than three feet into a required side yard, provided such projection is not less than three feet from any side lot line.
(c) Shelters, including a roofed, but unenclosed porch, carport and other similar structure or part thereof, shall comply with all yard regulations.
(d) Shading devices:
(1) An awning which is retractable may project into a required front, side or rear yard but not less than three feet from any side lot line.
(2) An awning which is not removed seasonally, and not more than ten feet wide, may project into a required front, side or rear yard not more than three feet, provided such projection is not less than three feet from any side lot line, and the distance shall be increased two inches for each foot the awning exceeds ten feet in width.
(3) A trellis, louvers and similar horizontal shading devices, more than seventy-five percent of the area open may project into a required front or rear yard not more than eight feet, and may project into a side yard to within three feet of any side lot line.
(Ord. 67-17. Passed 5-15-67.)
1117.17 YARD STRUCTURES AND LANDSCAPE FEATURES.
(a) Purpose. The purpose of this section is to establish specific regulations controlling the use of yard structures including fences, trellises, walls, pools and outdoor fireplaces and landscape features, including trees and shrubs whereby a lot owner may have the privilege of privacy and of landscape design with due consideration to the environment of other lots, the appearance of the community and the safety of the public and the individual.
(b) Scope and Application. The provisions of this section shall apply to any new yard structure and, where applicable, to any existing yard structure. The provisions of this section shall not apply to planting of plants, trees and shrubs except as specifically provided in this section. Retaining walls erected pursuant to Section 1317.03
are specifically excluded from the regulations and provisions of this section. The provisions of this section shall not be construed to apply to the foundation planting of plants, trees and shrubs.
(c) Definitions.
(1) "Fence" means any permanent enclosing structure which encloses or partially encloses any yard or part of any yard.
(2) "Fifty percent (50%) open to through passage of light and air" as used in this section means where the construction of the fence consists of two separate planes of material, either vertical or horizontal, they shall be spaced at equidistant intervals where the total open area is at least equal to or exceeds the area consisting of the planes of material when viewed perpendicular to the elevation of the fence, where the two planes do not overlap, and where the planes are separated from each other by a minimum of one and one-half inches of space and a maximum of three and one-half inches of space.
(3) "Yard structure" includes fences, trellises, walls, pools and outdoor fireplaces.
(d) Permit Required. No person shall construct, erect or install any yard structure without first making a proper application to and obtaining a permit from the Division of Building.
(Ord. 94-76. Passed 3-20-95.)
(e) Yard Structure and Yard Landscape Feature Regulations.
(1) General. Yard structures shall be designed to be aesthetically attractive. Fences shall present a finished side to the adjoining property. Yard structures shall be maintained in good repair and appearance. Except as may otherwise be provided in this section, the surface of any fence or wall shall be constructed so fence or wall is not solid. Five-sixths (5/6) of the vertical height may be solid, the remaining one sixth (1/6) shall be at least fifty percent (50%) of each lineal foot open to through passage of light and air. (Ord. 02-35. Passed 7-22-02.)
(2) Any yard.
A. The requirements for swimming pool protective barriers shall take precedence when such requirements are in conflict with the provisions of this section.
B. Barbed wire and electrified fences shall not be permitted except as provided in Section 547.08
(b) of the Codified Ordinances.
C. Structures including floodlights, lampposts, garden lighting and other outdoor lighting fixtures, searchlights and loud speakers shall not be constructed, erected, installed, or used in any manner that constitutes a public nuisance or that causes a public hazard or a nuisance to the occupants of other premises.
(Ord. 94-76. Passed 3-20-95.)
(3) Front yards. No yard structure shall be constructed, erected or installed in a front yard other than an ornamental fence adjacent to the front entrance walkway. Such an ornamental fence shall not exceed four feet in height above finished grade and shall be placed no closer than thirty-five feet from the front lot line. An ornamental fence for the purposes of this subsection is defined as a post or posts interconnected and in a manner to be self supporting and shall not be connected to another fence. This ornamental fence shall be at least thirty-five percent (35%) of each lineal foot open to through passage of light and air (typical types--picket/crossback/split rails, etc.). Individual trees, shrubs and plants shall be permitted in a front yard provided such trees, shrubs and plants are not planted, arranged or growing so as to enclose or partially enclose a front yard or a part of a front yard.
(Ord. 02-35. Passed 7-22-02.)
(4) Rear yards. Along a rear lot line or a side lot line of a rear yard, a fence shall be permitted to a height not to exceed six feet above finished grade. At least one gate or a fence opening of a minimum of thirty-six inches in width shall be provided in order to permit emergency access to the rear of the property. Any enclosing structure intended to serve primarily as an animal run shall be permitted only in a rear yard, shall be set back at least ten feet from the rear lot line or the side lot lines of the rear yard and shall otherwise conform to the regulations and requirements of this section. Recreational uses and structures such as pools, trellises when not used as a fence, decks, patios and garden lighting which are incidental to the main use are permitted in a rear yard. The placement of pools shall, where applicable, be governed by the provisions of Section 1117.02
and Chapter 1321 of the Codified Ordinances. Any unenclosed patio or deck shall be located not less than three feet from the rear lot line and the side lot lines of the rear yard. Except as otherwise provided herein, any other yard structure or recreational use and structure shall be located not less than five feet from the rear lot line and the side lot lines of the rear yard.
(5) Side yards. Side yard fences shall be permitted to a height not to exceed four feet above finished grade. Side yard fence shall start at rear foundation and continue no further forward than the front foundation of the house being also the front set back of the established street.
(Ord. 94-76. Passed 3-20-95; Ord. 00-44. Passed 6-26-00.)
(6) Corner lots. On a corner lot a fence and landscape feature such as trees and shrubs may be constructed, erected or installed in front, rear and side yards subject to the specific regulations and requirements applicable to fences and other landscape features in such yards provided open sight lines shall be provided within a triangle at street intersections of at least twenty-five feet along each right-of-way line and having a clear horizontal bend between two and one-half feet and six feet above finished grade. Yard structures and landscape features on corner lots shall in all other respects comply with the requirements of this section.
(7) Privacy screens.
A. On lot lines contiguous with the easement right-of-way of I-480, privacy screens whose vertical surface is less than fifty percent (50%) of each lineal foot open to through passage of light and air when viewed perpendicular to the screen shall be permitted to a height not to exceed six feet above finished grade.
B. Privacy screens whose vertical surface is less than fifty percent (50%) of each lineal foot open to through passage of light and air when viewed perpendicular to the screen shall be permitted to a height not to exceed six feet above finished grade on any lot provided:
1. The privacy screen is not located in any side or front yard;
2. The privacy screen shall not completely or partially enclose more than two sides of an area;
3. The total length of the privacy screening on any lot shall not exceed ten percent of the perimeter of the area of the rear yard;
4. The privacy screen shall not exceed twenty-four feet in any one direction;
5. The privacy screen is constructed, erected or installed behind and within the outer rear enclosing wall;
6. The privacy screen, or any part thereof, is not located closer than ten feet from the rear lot line;
7. The privacy screen permitted by this subsection presents a finished side to the adjoining property; and
8. Adequate landscape screening as required by the Planning and Design Commission shall be provided and permanently maintained on all exterior sides of the screen. In determining the adequacy of the screening the Commission shall consider the height and length of the screen, the size of the subject lot, the proximity of the main dwelling units on adjacent properties and existing landscaping or screening on the subject and adjacent properties.
C. A nonbearing wall, fence, screen, trellis or other similar structure on one or more sides of any patio or deck structure shall be constructed, erected or installed in accordance with the regulations and requirements set forth in subsection (e)(4) or (e)(7)B. hereof, whichever is applicable, the height thereof to be measured from finished grade. Any railing or other similar structure on one or more sides of any patio or deck structure shall not exceed four feet in height measured from the floor of the patio or deck structure.
(8) Perimeter trees and shrubs. Landscape features such as trees, shrubs and other plants along a side lot line of a rear yard or a rear lot line shall be installed, placed and maintained not less than a distance of a minimum of one foot plus fifty percent (50%) of the mature width of the tree, shrub or other plant measured from the lot line to the center of the tree, shrub or other plant. A minimum of one foot from the lot line shall be maintained for maintenance of such trees, shrubs and other plants.
(Ord. 94-76. Passed 3-20-95.)
(9) Adjacent to business districts. Fences on one and two family lots adjacent to general business and office districts with an existing one or two family residence thereon shall be permitted to a height not to exceed seven (7) feet in height above finished grade above the property lines which abut such districts and may have a solid surface for the purpose of shielding the premises. Such fences installed along a side lot line of a front yard shall not be constructed, erected or installed closer than twenty (20) feet from the front right away line. Trees, shrubs and other landscape features also shall not be constructed, erected or installed closer than twenty feet from the right-of-way line except as otherwise specifically permitted by this section.
(Ord. 08-52. Passed 9-15-08.)
(10) Material. All yard structures shall be built from new materials as approved by the Building Commissioner.
(11) Harmful projections. No person shall construct, erect, install or cause to be constructed, erected or installed or permit any yard structure, or any part thereof, to contain any exposed projection which may cause injury or harm to any person upon rubbing, bumping or otherwise touching such projection. (Ord. 10-06. Passed 3-15-10.)
(f) Repair or Replacement. Any fence, including any fencing along any one lot line, and any other yard structure or landscape feature which is in need of repair or replacement, or which is repaired or replaced, to an extent of fifty percent (50%) more shall conform to the provisions of this section.
(Ord. 08-52. Passed 9-15-08.)
(g) Satellite Receiving Station. Direct broadcast satellite receiving stations as defined in Section 1105.05
(i) shall be permitted as an accessory use provided that:
(1) The receiving station is not linked or otherwise connected to receivers which are not located on the same lot;
(2) The receiving station is placed only in a rear yard, not affixed to any main or accessory building, and any such station or part thereof, including any supporting appurtenance thereto, shall not be closer than ten feet to any side lot line of a rear yard or ten feet from any rear lot line;
(3) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(4) The satellite receiving dish shall not exceed nine feet in dimension;
(5) Suitable landscape screening as required by the Planning and Design Commission, subject to the limitations of this section, shall be provided and maintained around the satellite receiving station and any supporting appurtenances thereto. In determining the adequacy of screening, the Commission shall consider the size and dimension of the station, the size of the subject lot, the proximity of the main dwelling units on adjacent properties and existing landscaping or screening on the subject and adjacent properties;
(6) The color of the satellite receiving station dish shall be reviewed and approved by the Commission;
(7) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
(8) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(9) Only one such direct broadcast satellite receiving station shall be permitted at any one time on the same lot;
(10) No lettering, numerals, symbols, pictorial signs or designs exceeding one inch in any dimension shall be permitted on the surface of the dish.
(Ord. 94-76. Passed 3-20-95.)
1117.18 HEIGHT REGULATIONS.
(a) The height of a main building permitted on a zoning lot shall not exceed thirty-five feet. The height of any accessory building permitted on a zoning lot shall not exceed eighteen feet if the roof slope is greater than 3:12 pitch or twelve feet if the roof slope is less than 3:12 pitch.
(Ord. 96-83. Passed 3-3-97.)
(b) Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures may be erected above the height limit specified in subsection (a) hereof, subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which such structure is attached to a main or accessory building, to the top of such structure shall not be greater than the horizontal distance from the base of such structure to the nearest adjoining property line.
(2) A variance approved by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from or not attached to the main building, or over fifteen feet in height above the upper point of attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving, and transmitting tower and any radio or television antennae may be erected in a side yard or in a rear yard only in accordance with the provisions of this section.
Wireless, broadcasting, receiving, and transmitting towers, radios and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand windloads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
(Ord. 93-7. Passed 5-3-93.)
1117.19 DWELLING UNIT AREA REQUIREMENTS.
Dwellings shall be erected, altered, moved, maintained or used only in accordance with the following standards:
(a) The area of a dwelling unit shall be the sum of the gross floor areas above the basement level. It shall include those rooms, and closets, having a minimum ceiling height and the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included which are directly connected by a permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet, if two-thirds of the room area has a minimum ceiling height of seven feet.
The area shall be measured from the interior face of the enclosing walls at the first floor line and the interior face of the walls of those rooms which may be included under a pitched roof for a one-family dwelling. Measurement shall be from the center line of party walls, where applicable, for two-family dwellings. Excluded are all areas within garages and porches and utility and general storage areas in basementless dwellings.
(c) General storage area: in addition to the minimum area requirements, general storage space, or spaces, exclusive of closets, shall be provided each dwelling unit on the following basis:
(1) Each one-family dwelling shall have at least 100 square feet of such space with an average ceiling height of five feet and located on the ground floor unless provided in a basement.
(2) Each dwelling unit of a two-family house shall have at least fifty square feet of such space with an average ceiling height of at least six feet.
(Ord. 67-17. Passed 5-15-67.)
1117.20 SCHEDULE OF DWELLING UNIT AREA REQUIREMENTS.
(a) Except as provided in subsection (b) hereof, the following shall be the dwelling unit area requirements:
Minimum main building area per dwelling unit (square feet) | ||
District | One-story building | Two-story building |
R1F-75 | 1250 | 1500 |
R1F-60 | 950 | 1250 |
R1F-50 | 950 | 1250 |
R1F-40 | 700 | 950 |
R2F (1 family dwelling) | 950 | 1250 |
R2F (2 family dwelling) | 850 | 950 |
(b) A building in existence at the time of the enactment of this Zoning Code, which does not comply with the above minimum area requirements may be altered or improved without the necessity of meeting such minimum area requirements.
(Ord. 67-17. Passed 5-15-67.)
1117.21 ACCESSORY OFF-STREET PARKING AND PROHIBITIONS.
(a) Except as provided in subsection (b) hereof, access drives shall be constructed into the property parallel with the side lot lines, or in the case of a corner lot, shall be constructed parallel with the rear lot line or with a side lot line. No lot shall have more than one access drive, except as provided in subsection (b) hereof. No access drive parallel with the side lot lines or parallel with the rear lot line shall exceed eighteen feet in width between the front lot line and the nearest exterior wall of the main building or between the exterior side lot line and the side yard lot line on a corner lot when the access drive is constructed parallel with the rear lot line.
(b) Crescent (half circle) drives within the front yard are permitted provided that all the following design criteria are met:
(1) The distance of the outside radius of the curve is a minimum of thirty feet;
(2) There is no curve within five feet of the front lot line;
(3) No part of the crescent drive is curbed;
(4) No part of the crescent drive is located closer than five feet from the front foundation of the main dwelling;
(5) No part of the crescent drive is located closer than three feet from any side lot line or access drive of an abutting property;
(6) No part of the crescent drive exceeds sixteen feet in width;
(7) There is provided sufficient landscape features, such as compact evergreen hedges or shrubs not more than four feet in height above natural grade, subject to the provisions of Section 1117.17
, as required by the Planning and Design Commission, to screen the expanse of pavement from view.
(c) Two parking spaces shall be provided per each dwelling unit for a vehicle carrying a license provided for passenger cars, one of which shall be enclosed for each dwelling unit.
(d) The outside parking or the outside storage of passenger vehicles on any lot shall be permitted only on access drives, crescent drives, or on improved asphalt concrete, portland cement or other impervious surface parking areas.
(e) The rebuilding, overhauling or dismantling of any vehicle as defined in Section 301.51 or the storage of motor or body parts in an open yard is prohibited. Accessory off-street parking facilities may be used for minor repair services on passenger vehicles of an occupant of the dwelling or a member of the occupant's family only. Permitted minor repair services shall be completed within forty-eight hours; otherwise such repairs shall be performed within a permitted building.
(f) Except for recreational equipment as defined and permitted in Section 1117.07, one motor vehicle which does not exceed three-fourths ton capacity and which either carries or is required to carry a license other than a license provided for passenger vehicles or which is not used for general highway transportation may be stored or parked on a lot provided that such vehicle is stored or parked at all times within an enclosed private garage, the rebuilding, overhauling, repairing, modifying or dismantling of such vehicle is confined to an enclosed private garage and, provided further, that such vehicle storage or parking shall be permitted only if such vehicle is used solely by an occupant of the dwelling.
(g) Upon lots abutting an arterial street as defined herein, a turnaround or parking pad may be installed in a front yard provided the turnaround or parking pad is an integral part of the access drive, does not exceed eighteen feet in width or eighteen feet in length, is not installed closer than twenty feet from the front lot line or five feet from a side lot line, and is constituted of asphalt concrete, portland cement concrete or other impervious surface. Arterial street as used herein means: Story Road, Wooster Road, West 210th Street, West 220th Street, Mastick Road, Brookpark Road, Lorain Road and Westwood Road.
(Ord. 94-32. Passed 6-6-94.)
1117.22 SURFACE IMPROVEMENTS TO PARKING AREAS.
Access drives, crescent drives and other front yard parking or maneuvering facilities shall be graded and drained so as to dispose of all surface water and drainage into proper inlets so that all water is drained within the lot on which the access drive, crescent drive or other front yard parking or maneuvering facility is located in such manner that water will not drain across other public or private property. Access drives, crescent drives and other front yard parking or maneuvering facilities shall be improved with asphalt concrete, Portland cement concrete or other impervious surface.
(Ord. 84-112. Passed 7-15-85.)
1121.01 ONE AND TWO-FAMILY UNITS IN MULTI-FAMILY DISTRICT.
One and two-family dwellings located in Multi-Family Garden, Multi-Family-High-Rise and Multi-Family-Townhouse Districts are permitted subject to each and all of the regulations set forth in Section 1121.03.
(Ord. 94-61. Passed 9-6-94.)
1121.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained only for the uses set forth in the schedules and regulations of this chapter.
(a) Main buildings and uses, listed in Section 1121.03, shall be permitted as the principal buildings, use or activity of a zoning lot located only in a district in which it is specifically permitted.
(b) Accessory buildings and uses, listed in Section 1121.03 or Section 1121.04(d) shall be permitted as subordinate building or use, which is clearly incident to, and located on, the same zoning lot as the main building or use. Accessory buildings and uses shall be located only in a district in which specifically permitted.
(c) Conditional buildings and uses, listed in Section 1121.03, may be permitted only in a district in which they are specifically permitted in accordance with the criteria! regulations and conditions as set forth in this Code and as approved by the Planning and Design Commission and Council.
(Ord. 86-22. Passed 4-4-88.)
1121.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.
(a) Main Uses.
(1) Multi-Family Townhouse (RMF-TH) District. The permitted main buildings and uses are:
A. Main buildings and uses as permitted and regulated in R1F-50 District.
B. Main buildings and uses as permitted and regulated in R2F District.
C. Townhouses with a minimum of 4,000 square feet of land area per dwelling unit and a maximum height not to exceed two and one-half stories or thirty-five feet, whichever is the lesser, and as otherwise permitted and regulated in this chapter.
(2) Multi-Family Garden (RMF-G) District. The permitted main buildings and uses are:
A. Main buildings and uses as permitted and regulated in Multi-Family Townhouse District (RMF-TH).
B. Apartment buildings with a minimum of 2,000 square feet of land area per dwelling unit and a maximum height not to exceed three stories or forty feet, whichever is the lesser, and as otherwise permitted and regulated in this chapter.
(3) Multi-Family High-Rise (RMF-HR) District. The permitted main buildings and uses are:
A. Main buildings and uses as permitted and regulated in Multi-Family Garden District (RMF-G).
B. Apartment buildings with a minimum of 1,500 square feet of land area per dwelling unit and a maximum height not to exceed twelve stories or 120 feet, whichever is the lesser, and as otherwise permitted and regulated in this chapter.
(Ord. 94-61. Passed 9-6-94.)
(b) Accessory Uses.
(2) In Multi-Family Townhouse (RMF-TH), Multi-Family-Garden (RMF-G) and Multi-Family-High-Rise (RMF-HR) Districts, the following accessory buildings and uses only shall be permitted subject to both the regulations set forth therefore in this chapter and as set forth in other ordinances of the City.
A. Accessory off-street parking facilities.
B. Private gardens, and recreational uses and structures, pools, fences and walls.
E. Recreational facilities.
F. Storage uses and structures.
G. Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1121.19(b).
H. Exterior condensers of central air conditioning systems. Such units shall be permitted in side or rear yards only, subject to Section 1121.15.
I. Parking areas for other than occupant use.
(Ord. 95-68. Passed 10-16-95.)
(c) Conditional Uses.
(1) In Multi-Family High-Rise District only, food and beverage services and facilities whether in a separate building or on the same or adjoining lot located within an apartment building provided such conditional use is considered and approved by the Planning and Design Commission and by Council according to the procedures and standards set forth in Section 1149.16 and, further provided, that:
A. No part of such conditional use or any entrance thereto shall be adjacent to, or within 100 feet of, a public sidewalk or public street or be adjacent to any one- or two-family residential district; and
(Ord. 94-61. Passed 9-6-94.)
1121.04 ACCESSORY USES.
(a) Home occupations: Home occupations shall be permitted in accordance with the provisions of this subsection.
(1) Home professional offices, and office space for businesses, services and home occupations provided that:
A. Such office space is used only by members of the family residing within the dwelling unit and does not involve the employment of any person not a resident of the household; and
B. The space used does not occupy more than twenty-five percent (25%) of the floor area of the dwelling unit; and
C. The residential character of the dwelling exterior or accessory building is not changed; and
D. No equipment or machinery is employed or used in conducting such business, service, profession or occupation which will create dust, noise, odors, glare, vibrations or electrical interferences beyond the lot, or if in an apartment building, beyond the dwelling unit, and any equipment or machinery otherwise employed or utilized is limited to typewriters, adding machines and other similar office equipment; and
E. The activity does not involve the delivery of materials by any motor vehicle other than a passenger automobile; and
F. If conducted on the premises of a one or two-family dwelling in a Multi-Family District, the activity does not involve the parking of more than two vehicles at any one time by patrons, clients or customers; otherwise, the activity shall not attract any greater number of motor vehicles to such premises than can be accommodated by accessory off-street parking facilities; and
G. Except as otherwise permitted by Chapter 1145, the operation of such activity is not advertised by any sign on the dwelling or lot; and
H. No item shall be manufactured on the premises or retail sales made or materials displayed from the premises; and
I. No motor vehicle which carries or is required to carry a license other than a license provided for passenger vehicles shall be parked overnight in open yards.
(2) Child day care services as defined and permitted in Section
1149.18
.
(b) The renting from a resident family of not more than two rooms to not more than two roomers unrelated to each other by blood, marriage, adoption or guardianship is permitted in one and two-family dwellings in Multi-Family Districts, provided that the exterior character of the dwelling is not changed, no separate facilities are maintained and off-street parking is provided as set forth in Section 1117.17.
(Ord. 89-99. Passed 4-2-90.)
(c) (EDITOR’S NOTE: This subsection was repealed by Ordinance 94-61, passed September 6, 1994.)
1121.05 TEMPORARY USES.
(a) Temporary offices, storage and other structures of contractors or builders are permitted in Residential Multi-Family Districts provided such uses are deemed necessary to the development of the premises and provided a building permit has been obtained.
Such structures shall be removed within thirty days after completion of work on the premises or if construction is not pursued diligently.
(b) Temporary living space shall be applied only to one and two-family dwellings in Residential Multi-Family Districts and shall be subject to the regulations set forth in Section 1117.03(b) of this Zoning Code.
(Ord. 67-17. Passed 5-15-67.)
1121.06 REMOVAL OF SOIL.
Soil, sand or gravel shall not be stripped or removed in Residential Multi-Family Districts, except excess soil or gravel resulting from excavations or grading in connection with the construction or alteration of a building for which a building permit has been issued.
(Ord. 67-17. Passed 5-15-67.)
1121.07 ACCESS TO LESS RESTRICTIVE AREAS.
Driveways, walks or other accessways to any use which is not permitted in the district shall be prohibited. (Ord. 67-17. Passed 5-15-67.)
1121.08 OPEN STORAGE PROHIBITED.
Boats, trailers, garden tractors, snow plows, etc., shall be stored in an enclosed structure, except for a period of not more than thirty days a year they may be temporarily stored in a rear yard. All other equipment and supplies shall be stored in an enclosed structure at all times.
(Ord. 67-17. Passed 5-15-67.)
1121.09 AREA REGULATIONS.
Land and buildings shall be used in accordance with the lot area regulations set forth in the following sections:
(a) There may be more than one apartment building on a lot. In addition there may be one or more accessory buildings on the same zoning lot.
(b) The width of a zoning lot, as set forth in Section 1121.10
, shall be not less than the width required for the type of dwelling or other building permitted in the district in which the lot is located and shall be measured on the building line. Each zoning lot shall abut upon a dedicated street for the required lot width, except on curved streets, the width at the front lot line may be less but shall be at least sixty percent of the width required at the building line.
(c) For computation of the number of dwelling units permitted on a parcel for a group development of multi-family dwellings, areas that are dedicated or to be used for street purposes shall be excluded for the gross site area.
(d) A parcel of land may be divided into two or more zoning lots, provided all lots resulting from such division shall conform to all area and width regulations of the district in which it is located. A lot of record, whether vacant or occupied, which was owned separately from adjoining lots on the effective date of this Zoning Code and which has an area or width equal to or less than required by these regulations shall not be further reduced in any manner except by its entire conveyance to adjacent owners. (Ord. 67-17. Passed 5-15-67.)
1121.10 SCHEDULE OF AREA REQUIREMENTS; MINIMUM LOT SIZE.
(a)
Dwelling | Area per dwelling (square feet) | Width at building line (feet) | Maximum percent of lot covered by buildings |
One-family | 7,500 | 50 | 25 |
Two-family | 5,500 | 60 | 25 |
Garden apartment | 2,000 | 100 | 25 |
Townhouse | 4,000 | 100 | 25 |
High-rise apartment | 1,500 | 20 | 20* |
* Applies to buildings four stories or more in height.
(Ord. 93-75. Passed 12-6-93.)
(b) The minimum outdoor liveable area, which is equal to gross land area minus ground area of buildings, driveways and parking areas, including such areas which are enclosed parking garages and/or structures, shall not be less than twenty-five percent (25%) of the gross land area in garden apartments, or less than fifty percent (50%) in townhouse districts; or less than thirty percent (30%) of the gross land area in high-rise apartments. Outdoor liveable area is land area planted with grass, ground cover, landscape material, trees, natural vegetation or land area for recreation uses, structures and facilities.
(Ord. 91-39. Passed 8-19-91.)
1121.11 YARD REGULATIONS; GENERALLY.
(a) Where side yards are narrower than required for the district in which the building and lot are located, the building may be maintained or altered but may not be enlarged in width unless the total width of the side yards complies with this chapter.
(b) The front yard depth of a zoning lot shall be measured from the front lot line to the nearest exterior wall of the building and shall be as set forth in Section 1121.12.
(Ord. 67-17. Passed 5-15-67.)
1121.12 SCHEDULE OF YARD REQUIREMENTS.
(a) Minimum Dimensions (feet):
Dwelling | Front | Side | Rear |
One-family | 40 | 5 & 10 | 40 |
Two-family | 40 | 5 & 10 | 40 |
Garden - one-story | 30 | 20 & 20 | 40 |
Garden - two story | 30 | 25 & 25 | 40 |
Garden - three story | 30 | 30 & 30 | 40 |
Townhouse | 40 | 40 & 40 | 40 |
High-rise - four story | 50 | 35 & 35 | 75 |
High-rise - five story | 50 | 40 & 40 | 75 |
High-rise - six story | 53 | 45 & 45 | 78 |
High-rise - seven story | 56 | 50 & 50 | 81 |
High-rise - eight story | 59 | 55 & 55 | 84 |
High-rise - nine story | 63 | 57-1/2 & 57-1/2 | 88 |
High-rise - ten story | 67 | 60 & 60 | 92 |
High-rise - eleven story | 72 | 62-1/2 & 62-1/2 | 97 |
High-rise - twelve story | 77 | 65 & 65 | 102 |
See subsection (b) hereof for additional side yard requirements.
(b) Additional Requirements; Side Yard. The distances established in subsection (a) hereof, shall be increased two inches for each additional foot the wall exceeds forty feet in length to and including eighty feet, and one inch for each foot in excess of eighty feet.
(c) Open Parking Areas. Open parking areas in side and rear yards shall not be closer than six feet to an adjoining lot line of a One or Two-Family Residential District.
(Ord. 91-39. Passed 8-19-91.)
1121.13 YARD REGULATIONS; SINGLE DEVELOPMENT.
Yards for one building per lot or parcel shall be not less than set forth in Section 1121.12. (Ord. 67-17. Passed 5-15-67.)
1121.14 YARD REGULATIONS; GROUP DEVELOPMENT, TWO OR MORE BUILDINGS.
The following terms are used in connection with apartment buildings:
(a) Overlapping Walls. "Overlapping walls" means that portion of the walls of two buildings which are directly opposing when two buildings parallel or within thirty degrees of parallel, face each other across an open space.
(b) Wall Relationship. "Wall relationship" means the yard or distance between the walls of buildings if only one story in height and facing each other across an open space or court shall be not less than thirty feet.
(c) Walls Not Overlapping. Where walls of two buildings, if only one story in height, do not directly face each other, or overlap, the yard, or distance between their nearest corners shall not be less than twenty feet.
(d) Increased Story Height. Distances between buildings in each of the relationships described in subsections (a) and (b) hereof shall be increased two and one-half feet for each story each of the buildings exceeds one story.
(Ord. 67-17. Passed 5-15-67.)
(f) Use of Yards. The above required yards shall be landscaped and may be used for pedestrian walks, recreational areas and parking areas. If, however, yards between buildings are used for parking areas, driveways or playgrounds, the distance between buildings shall be increased by the total width of such intermediary facilities. The site shall be designed so that entrances to all buildings shall be located not more than 200 feet from any access drive, the distance to be measured along pedestrian walks.
(Ord. 95-68. Passed 10-16-95.)
(g) Development Plans. Development plans showing locations of buildings, yards, driveways, parking areas, recreation areas and other site improvements for group developments shall be submitted to the Planning and Design Commission, and until found by it to comply with the provisions of this Code, and approved by it, building permits shall not be issued.
(Ord. 67-17. Passed 5-15-67.)
1121.15 REQUIRED YARDS TO BE MAINTAINED.
The required yards surrounding an existing building shall not be separated in ownership from that portion of the lot upon which the building is located, and no part shall be considered as providing a yard for any other existing building on the same or adjacent lot. A yard shall not be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building. A yard of less than the required dimensions shall not be further reduced. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as provided in Section 1121.16, and permitted projections as provided in Section 1121.17. (Ord. 67-17. Passed 5-15-67.)
1121.16 YARDS FOR ACCESSORY BUILDINGS.
On an interior lot, an accessory building may be located in a rear yard, but not less than three feet from a side or rear lot line, except an existing accessory building located not less than eighteen inches from a rear or side lot line may be altered or expanded.
On a corner lot, an accessory building shall be set back from the side street line not less than forty percent of the width of the lot at the building line.
(Ord. 67-17. Passed 5-15-67.)
1121.17 PROJECTIONS INTO YARDS.
A projection is that part or feature of a building which extends outside of the enclosing surfaces into a yard. Required front, side or rear yards shall be open and unobstructed from the ground upward except for the projections and regulations set forth in Section 1117.16.
(Ord. 67-17. Passed 5-15-67.)
1121.18 YARD STRUCTURES AND LANDSCAPE FEATURES.
(a) As defined in Section 1117.17, yard structures and landscape features shall be permitted on one- and two-family residences located in a Residential Multi-Family-Garden, Residential Multi-Family High-Rise and Multi-Family-Townhouse Districts subject to the regulations set forth therefore in Section 1117.17.
(b) Yard structures and landscape features shall otherwise be permitted in any Multi-Family District as permitted and as required by Section 1121.30 and Section 1149.05 provided that any wall or any fencing whether incorporated as part of a landscape buffer or whether used as a landscape screen along the side lot line of the front yard of an adjacent Residential District or any other zoning district with an existing residence thereon shall not be constructed, erected or installed closer than twenty feet from the right-of-way line. Except as otherwise specifically permitted or as specifically required by the provisions of this chapter, trees and shrubs, yard structures and other landscape features shall not be constructed, erected or installed closer than twenty feet from the right-of-way line.
(Ord. 95-68. Passed 10-16-95.)
(Ord. 89-43. Passed 12-4-89.)
1121.19 HEIGHT REGULATIONS AND SCHEDULE.
(a) Except as provided herein, the height of a main building shall not exceed the number of stories, or height in feet, whichever is the lesser, as follows:
Dwelling | Stories or Height |
One and two-family dwelling | 2-1/2 stories or 35 feet |
Garden apartment | 3 stories or 40 feet |
Townhouse | 2-1/2 stories or 35 feet |
High-rise apartment | 12 stories or 120 feet |
(Ord. 91-39. Passed 8- 19-91.)
(b) Stacks, water tanks, elevator penthouses, bulkheads, skylights, ventilators, air conditioning and temperature control equipment, other mechanical appurtenances relating to the operation of the main or accessory building itself and penthouse enclosures for mechanical appurtenances erected upon or constituted as an integral part of the main or accessory building itself and not used for human occupancy may be erected to a height not to exceed fifteen feet above the finished roof line of the building.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae (except as provided in subsection (d) hereof), chimneys, flagpoles and other like structures may be erected above the applicable height limit specified in subsection (a) or (c) hereof, subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which such structure is attached to the main or accessory building, to the top of such structure shall not be greater than the horizontal distance from the base of such structure to the nearest adjoining property line.
(2) A variance approved by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from or not attached to the main building, or over fifteen feet in height above the uppermost point of attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving, and transmitting tower and any radio or television antennae may be erected only in a side yard or in a rear yard in accordance with the provisions of this section.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand windloads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
(Ord. 95-68. Passed 10-16-95.)
(c) The height of accessory buildings shall not exceed one story or fourteen feet.
(Ord. 85-37. Passed 9-3-85.)
(d) A direct broadcast satellite receiving station may be placed on the roof of a main or accessory building provided all of the following conditions are satisfied:
(1) The receiving station is not linked or otherwise connected to receivers which are not located within the same premises as the antenna;
(2) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(3) The satellite receiving dish shall not exceed nine feet in dimension;
(4) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations, including calculations certifying to the capability of the roof to support the dish and the base, and details for the installation shall be furnished to the Division of Building;
(5) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(6) The dish shall not be placed closer than twenty feet from any roof edge;
(7) Only one such station shall be permitted at any one time on the same building;
(8) No lettering, numerals, symbols, pictorial signs or designs exceeding one-half inch in any dimension shall be permitted on any surface.
(Ord. 95-68. Passed 10-16-95.)
1121.20 DWELLING UNIT AREA REQUIREMENTS.
Dwellings shall be erected, altered, maintained or used only in accordance with the following standards:
(a) The area of a dwelling unit shall be the sum of the gross floor area above the basement level, including those rooms and closets, having a minimum ceiling height and the natural light and ventilation as required by the Building Code. The area shall be measured from the interior face of the enclosing walls and from the center line of party walls, where applicable. All areas within garages, porches, public halls, utility and storage rooms shall be excluded.
(b) In addition to the minimum requirements, there shall be at least fifty square feet of general storage space, having an average height of at least six feet, provided for each dwelling unit. (Ord. 67-17. Passed 5-15-67.)
1121.21 SCHEDULE OF DWELLING UNIT AREA REQUIREMENTS.
Type of Dwelling | One-story Building (square feet) | More than one-story Building (square feet) |
One-family | 950 | 1250 |
Two-family | 850 | 950 |
Number of Bedrooms | Dwelling Unit Size (square feet) | |
Apartment - garden and high- rise | One bedroom unit | 700 |
Two bedroom unit | 850 | |
Each additional bedroom | 150 | |
Townhouse | One bedroom unit | Not permitted |
Two bedroom unit | 1000 | |
Three bedroom unit | 1200 | |
Each additional bedroom | 200 | |
(Ord. 91-39. Passed 8-19-91.)
1121.22 SIGN PURPOSE, TYPE AND NUMBER.
The signs permitted in Multi-Family Districts as to purpose, type and number shall be as regulated in Chapter 1145.
(Ord. 95-68. Passed 10-16-95.)
1121.23 SIGN AREA.
1121.24 SIGN LOCATION.
1121.25 ACCESSORY PARKING FACILITIES REQUIRED.
Accessory off-street parking facilities shall be determined in conformance with the provisions of this chapter as a condition precedent to the occupancy of the several buildings or uses.
(a) Whenever a building is constructed or a new use established, facilities shall be provided for the entire building or use on the same lot or on an adjoining lot under the same ownership;
(b) Whenever the use of an existing building is changed to a use requiring more parking facilities, or whenever an existing building is altered and there is an increase of the number of dwelling units, or other measurement criteria, facilities shall be provided for the additional building or use on the same lot or on an adjoining lot under the same ownership; or
(c) Required off-street parking facilities, including access driveways, accessory to an existing use, and those required as accessory to a use created or a building constructed or altered hereafter, shall be continued and maintained in operation, and shall not be reduced below the requirements during the period that the main use is maintained. Failure by the owner or owners to supply such off-street parking shall cause the Building Commissioner to revoke the occupancy of a sufficient number of the dwelling units in order to bring the facility into conformity with parking requirements. Accessory off-street parking facilities shall not be used for the rebuilding, overhauling, or dismantling of any vehicle as defined in Section 301.51
or for the storage of motor or body parts. Accessory off-street parking facilities may be used for minor repair services on passenger vehicles of an occupant or tenant only. Permitted minor repair services shall be completed within forty-eight hours; otherwise such repairs shall be performed within a permitted building. (Ord. 84-94. Passed 6-17-85.)
1121.26 MEASUREMENT STANDARDS.
The following definitions and standards shall be used to determine accessory off-street parking requirements:
(a) "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle, and shall have a minimum rectangular dimension of not less than nine feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.
(b) Required Minimum Parking Spaces. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
(Ord. 84-94. Passed 6-17-85.)
1121.27 SCHEDULE.
Each dwelling unit in any Multi-Family District shall be provided with two off-street parking spaces. At least fifty percent of the required parking spaces shall be enclosed.
(a) For one building of eight suites or less, the enclosed spaces shall be in a garage structure built above or below ground level.
(b) For a building or development of more than eight suites such enclosed parking spaces shall be:
(1) In a structure, all of which is at, or below, the level of the surrounding finished grade. Such structure shall be on the same lot as the main building or on an adjoining lot under the same ownership; and/or
(2) Above or below the level of the surrounding finished grade within the walls of the main building.
For any other building or use not shown, the Planning and Design Commission shall apply the unit of measurement required by the provisions in this Zoning Code or where no specific requirement is set forth in this Zoning Code that unit of measurement deemed to be the most similar to the proposed use by the Commission.
(Ord. 95-68. Passed 10-16-95.)
1121.28 ACCESSWAYS TO PARKING AREAS.
The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the adjacent streets. Whenever possible, the center line of the access driveways on the frontage street shall be at least forty feet from the right-of-way line of the nearest intersecting street and spaced at not less than 120-foot intervals, measured from the center line of the driveway.
Parking areas shall be designed so that vehicles may be driven forward into the street. Parking areas of fifteen spaces or less shall have at least one single-lane driveway, and the maximum width occupied by all driveways shall be twenty-four feet. Parking areas of sixteen spaces or more shall have two single-lane driveways if possible or at least one two-lane driveway; each accessway shall be limited to two lanes.
The width of such entrances and exits, measured at the setback line, shall conform to the following schedule:
Lanes | Minimum Feet | Maximum Feet |
One | 10 | 12 |
Two | 18 | 24 |
The angle of intersection between the driveway and the street shall be between sixty degrees and ninety degrees. The radius at the edge from the apron shall be at least twelve feet, twenty feet recommended, so that a motor vehicle entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or in the curb lane of the street.
(Ord. 84-94. Passed 6-17-85.)
1121.29 LOCATION AND USE OF PARKING FACILITIES.
Accessory parking facilities shall not be permitted in required front yards. Driveways shall not be used for parking within required front yards.
(Ord. 95-68. Passed 10-16-95.)
1121.30 SURFACE IMPROVEMENTS OF PARKING AREAS.
(a) Proposed and existing parking areas and access driveways shall be improved with asphalt concrete or Portland cement concrete or other impervious surface and shall be so graded and drained into proper inlets so that all water is drained within the lot on which the parking area or driveway is located in such manner that water shall not drain across other public or private property.
(b) Parking areas shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this chapter and shall be improved, except at entrances and exits with guard rails, curbs or other devices to define parking spaces or limits of paved areas, so as to prevent encroachment of vehicles into adjacent areas or public ways, yards or setbacks required by the Zoning Code, and so as to regulate the flow of traffic within the lot.
(Ord. 84-94. Passed 6-17-85.)
(c) The Planning and Design Commission may require landscape buffering or landscape screening to be provided on the parking area property to insulate the parking areas and driveways from a side or rear lot line of other property in any Residential District or any other zoning district with an existing residence thereon. Landscape buffering may include, but shall not be limited to, evergreen trees and bushes, compact hedges, shrubs, earth berms or a combination thereof. Landscape screening shall include plant material or other nonliving durable material, including, but not limited to, walls, berms or substantially solid decorative wood fencing. Where trees and shrubs are used to provide a landscape buffer, such shall provide a year-round state of being substantially impervious to rays of light. It shall be acceptable to incorporate fencing as part of the landscape buffer where noise and lights create a need that such landscape buffer include fencing. Fencing may also be used to provide landscape screening. Whenever used, fences shall be of a decorative style and type. Walls and berms shall be used only in the most unusual cases.
The desired buffering or screening effect shall be achieved not later than twelve months after the initial installation. The Planning and Design Commission may extend this twelve month period of time when a hardship would be created because of expected growth or material shortages, but such extension shall not be for more than two years from the time the initial installation was to have been or has been installed. All buffering and screening requirements imposed under the provisions of this subsection shall be installed and constructed before a certificate of occupancy is issued for a new building or structure. No existing building, structure or vehicular use area adjoining a Residential District or any other zoning district with an existing residence thereon shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning and Design Commission for its determination as to whether the change adversely affects any properties in a Residential District or any other zoning district with an existing residence thereon. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or the installation of landscape screening, or a revision of a previously established buffered area or screening. The width and height of the landscape buffer or landscape screening shall be determined by the Planning and Design Commission, provided, however, that the maximum height of fencing, whether incorporated as part of the landscape buffer or whether used as a landscape screen, which may be permitted shall be seven feet above natural grade. The owner or developer shall be responsible for the maintenance and replacement, if necessary, of the landscape buffer or landscape screening.
Owners or developers of off-street parking areas shall be required to include a plan for buffering or screening the parking areas and driveways, including a detailed description and sketch of the landscape buffer or landscape screening which visually and verbally outlines the nature and the effect of the proposed landscape buffer or landscape screening. A certificate of occupancy shall not be granted until the buffering or screening requirements have been completed. If completion, in the case of living materials, is delayed because of the growing season, a temporary permit to occupy may be granted by the Building Commissioner. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(Ord. 95-68. Passed 10-16-95.)
(d) In order to carry out the objectives of this Zoning Code and to preserve the use and enjoyment of adjoining property not less than five percent (5%) of an off-street parking area of a lot with twenty or more off-street accessory parking spaces shall have landscaping islands to break up the expanse of pavement. Each landscaping island shall not be less in size than the required area of one off-street parking space, shall be interspersed throughout the entire off-street parking area and shall have trees and such other landscaping as may be required by the Planning and Design Commission. Areas of landscaping surrounded by at least three sides by accessory off-street parking areas or accessories to parking areas may be considered a landscaped island.
(Ord. 98-38. Passed 7-6-98.)
1121.31 APPROVAL OF PARKING FACILITIES.
Detailed drawings of off-street parking facilities shall be submitted to the Planning and Design Commission for review and approval in accordance with all the provisions of this chapter before a building permit or certificate of occupancy may be issued. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features as set forth in this chapter. (Ord. 84-94. Passed 6-17-85.)
1121.32 ILLUMINATION OF ACCESSORY PARKING FACILITIES.
Areas used to provide required off-street parking, and accessways thereto, shall be illuminated whenever deemed necessary by the Planning and Design Commission to protect the public safety. Lighting fixtures shall be so designed and located so as not to reflect direct rays of light upon adjoining residential properties, occupants of the building and streets or cause a glare hazardous to pedestrians or drivers of motor vehicles on adjacent public streets, and shall be subject to the approval of the Commission.
(Ord. 84-94. Passed 6-17-85. )
1121.33 RECREATIONAL FACILITIES ON SINGLE-FAMILY PORTION OF MULTI-FAMILY PARCEL.
A lot or parcel may be divided by a zoning district boundary. When the rear portion of such lot lies in a One or Two-Family Residential District, such portion may be used for recreational purposes in conjunction with a residential building located on the front, or multi-family residential portion, of the lot. Such landscape features and recreational yard structures as may be permitted in Section 1117.17, shall be permitted, provided yard and other regulations of this Zoning Code and other City ordinances are complied with. The Planning and Design Commission may require the erection of a wall, fence or other screening along that portion of the lot line adjacent to residences in a One or Two-Family Residential District.
(Ord. 67-17. Passed 5-15-67.)
1121.34 SURVEY AND APPROVAL OF CITY ENGINEER REQUIRED.
The City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building or use set forth in the application for a building permit and shall forward his approval to the Building Commissioner prior to the issuance of a building permit.
(Ord. 95-68. Passed 10-16-95.)
1121.35 APPLICATION AND DESIGN OF PARKING AREAS.
(a) Application for Providing Facilities. An application for a building permit pertaining to constructing a building or parking facility or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area to be provided in accordance with the space requirement schedules that are a part of this Zoning Code.
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement standards in Section 1121.26
, the standards for designing parking areas in subsection (c) hereof, the schedule of accessory parking requirements for the various uses in Section 1121.27
and any other applicable provisions of this Zoning Code.
(Ord. 84-94. Passed 6-17-85.)
(c) Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area, or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with the Standards for Designing Parking Areas as may be adopted by the Planning and Design Commission. Design standards for enclosed parking areas and garages, shall be in accordance with the applicable provisions of the Zoning Code.
(Ord. 95-68. Passed 10-16-95.)
1121.36 REQUIRED TRASH AREAS.
All multi-family residential uses that provide trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning and Design Commission shall be required.
(Ord. 84-94. Passed 6-17-85.)
1121.37 DEPOSIT FOR SURVEY OF PUBLIC SANITARY AND STORM SEWERS.
A deposit by the applicant for a building permit shall be made with the Finance Director in the amount of one hundred fifty dollars ($150.00) to cover the cost and expense of such survey of public sanitary and storm sewers. The cost and expense of such survey shall be paid by the City from such deposit.
(Ord. 85-65. Passed 9-3-85.)
1129.01 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be erected, altered, moved or maintained only for the uses set forth in the schedules and regulations of this chapter.
(a) Main buildings and uses listed in Section 1129.02 shall be permitted as the principal buildings, use or activity of a lot zoned for office buildings.
(b) Accessory buildings and uses listed in Section 1129.02 shall be permitted as a subordinate building or use which is clearly incident to, and located on, the same zoning lot as the main building or use.
(Ord. 16-16A. Passed 6-20-16.)
1129.02 SCHEDULE OF PERMITTED BUILDINGS AND USES.
(a) Main Uses permitted in the Office Building “1", “2" and “3" Districts shall be permitted as listed in Schedule 1129.02:
1129.02 Schedule of Permitted Buildings and Uses
Permitted Uses | Office Building “1" (OB-1) | Office Building “2" (OB-2) | Office Building “3" (OB-3) |
Office Buildings for business and professional use (1) | X | X | X |
Research and Development Laboratories | X | X | X |
Mixed-Use Developments pursuant to Section 1129.25 | X | ||
(1) Including administrative, training, statistical, financial and similar purposes in connection with such uses. | |||
Any other office or laboratory use determined to be similar by the Planning and Design Commission is also permitted.
(b) Accessory Uses.
(1) Buildings and uses immediately and exclusively accessory to the main uses permitted on the site.
A. Accessory off-street parking facilities.
B. Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1129.08(a).
C. Signs
(2) Uses within the main building or buildings.
A. Central air conditioning and power plants.
B. Incidental storage of documents or other property.
C. Training facilities for employees.
D. Living quarters for a custodian or caretaker of the office building or buildings.
E. Clinics, cafeterias, lunch rooms, banks, post offices, recreation and meeting rooms, retail trade and service uses where necessary for the comfort, convenience and use of the tenants, employees and business visitors in the building or buildings.
(Ord. 16-16A. Passed 6-20-16.)
1129.03 CONSTRUCTION OF RESIDENTIAL BUILDINGS PROHIBITED. (DELETED)
1129.04 OFFICE BUILDINGS IN GENERAL BUSINESS DISTRICTS. (DELETED)
1129.05 SCHEDULE OF AREA REQUIREMENTS.
Maximum area covered by main buildings | Thirty percent (30%) |
Maximum area covered by all buildings and all accessory buildings and structures on or above grade | Forty percent (40%) |
Minimum “Green Space Area” | Twenty-five percent (25%) |
*The minimum “Green Space Area” is equal to gross land area minus ground area of buildings, driveways and parking areas, including such areas which are enclosed on or above grade parking garage areas and/or structures. The Minimum Green Space Area is land area planted with grass, ground cover, landscape material, trees, natural vegetation or land area for recreation uses, structures and facilities. A lessor Green Space Area percentage may be considered by the Planning and Design Commission for a Mixed-Use Development when the Planning and Design Commission determines that such lower percentage is appropriate and necessary to achieve the objectives of Section 1129.25.
(Ord. 16-16A. Passed 6-20-16.)
1129.06 YARD REGULATIONS.
(a) For every main or accessory building or use, the following yards shall be provided:
Front (Feet) | Side (Feet) | Rear (Feet) | |
(1) For every main or
accessory building in Office Building “1", “2", and Office Building “3"
| 30 | 10 | 10 |
(2) For every main or accessory building In Office Building - “1" Office Building - “2", Office Building “3" adjacent to a Residential District as enumerated in Section 1109.01
| N/A | 40* | 10 |
(3) For every main or accessory building in an Office Building “3" adjacent to a public park or dedicated open space | NA | 10 | 10 |
(4) Accessory open off-street parking | 20 | 10 | 10 |
(5) Accessory open off-street parking adjacent to a Residential District as enumerated in Section 1109.01 | N/A | 15* | 15* |
*Landscape buffering and/or landscape screening shall be provided as required by subsection (c) hereof.
The specific setback requirement as set forth herein as is specifically applicable to a specific wall of a main or accessory building shall be increased one foot for each one foot the highest point of the roof of such wall of the building exceeds twelve feet in height above grade.
(b) A curb or other barrier shall be erected on the line marking required yards pertaining to off-street parking. The remaining yard shall be landscaped and attractively maintained.
(c) The Planning and Design Commission may require landscape buffering or landscape screening in accordance with Section 1149.05 along a side or rear lot line provided that any wall or any fencing whether incorporated as part of a landscaped buffer or whether used as a landscape screen along the side lot of the front yard of an adjacent Residential District or any other zoning district with an existing residence thereon shall not be constructed, erected or installed closer than twenty feet from the right-of-way line. Except as otherwise specifically permitted or as specifically required by the provisions of this chapter, trees and shrubs, yard structures and other landscape features shall not be constructed, erected or installed closer than twenty feet from the right-of-way line.
(Ord. 16-16A. Passed 6-20-16.)
1129.07 PROJECTIONS INTO YARDS.
No portion of a building, such as fire escapes or balconies, may project into a required front yard except signs as permitted in Section 1129.11.
(Ord. 16-16A. Passed 6-20-16.)
1129.08 HEIGHT REGULATIONS.
(a) The height of any main or accessory building in Office Building Districts "1" shall not exceed twenty-five feet. The height of any main or accessory building in Office Building District - “2" shall not exceed fifty feet. The height of any main or accessory building in Office Building District - "3" shall not exceed seventy-five feet.
In any Office Building District stacks, water tanks, elevator penthouses, bulkheads, skylights, ventilators, air conditioning and temperature control equipment, other mechanical appurtenances relating to the operation of the main or accessory building itself and penthouse enclosures for mechanical appurtenances erected upon or constituted as an integral part of the main or accessory building itself and not used for human occupancy may be erected to a height not to exceed fifteen feet above the finished roof line of the building.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae (except as provided in subsection (b) hereof), chimneys, flag poles and other like structures may be erected above the applicable height limit specified in subsection (a) hereof, subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which such structure is attached to the main or accessory building, to the top of such structure shall not be greater than the horizontal distance from the base of such structure to the nearest adjoining property line.
(2) A variance approved by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from or not attached to the main building, or over fifteen feet in height above the uppermost point of attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving and transmitting tower and any radio or television antennae may be erected only in a side yard or in a rear yard in accordance with the provisions of this section.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1 Structural calculations and details for the installation shall be furnished to the Division of Building.
(b) A direct broadcast satellite receiving station may be placed on the roof of a main or accessory building provided all of the following conditions are satisfied:
(1) The receiving station is not linked or otherwise connected to receivers which are not located within the same premises as the antenna;
(2) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(3) The satellite receiving dish shall not exceed nine feet in dimension;
(4) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations, including calculations certifying to the capability of the roof to support the dish and the base, and details for the installation shall be furnished to the Division of Building;
(5) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(6) The dish shall not be placed closer than twenty feet from any roof edge;
(7) Only one such station shall be permitted at any one time on the same building;
(8) No lettering, numerals, symbols, pictorial signs or designs exceeding one-half inch in any dimension shall be permitted on any surface.
(Ord. 16-16A. Passed 6-20-16.)
1129.09 SIGN PURPOSE, TYPE AND NUMBER.
The signs permitted in Office Building Districts as to purpose, type and number shall be as regulated in Chapter 1145. (Ord. 16-16A. Passed 6-20-16.)
1129.10 SIGN AREA.
1129.11 SIGN LOCATION.
1129.12 SIGN ILLUMINATION.
Signs in Office Building Districts may be illuminated subject to the regulations of Chapter 1145. (Ord. 16-16A. Passed 6-20-16.)
1129.13 SIGNS; MISCELLANEOUS.
(EDITOR'S NOTE: This section was repealed by Ordinance 80-117, passed June 1, 1981. See Chapter 1145 for relevant provisions.)
1129.14 ACCESSORY PARKING FACILITIES REQUIRED.
Accessory off-street parking facilities, including access driveways, shall be determined in conformance with the standards set forth in this chapter.
(a) Such facilities shall be provided on the same lot or on an adjoining lot under the same ownership whenever:
(1) A building is constructed;
(2) An existing building is altered, resulting in an increase in measurement capacity.
(b) Required off-street parking facilities, including access driveways, accessory to an existing use, and those required as accessory to a use created or a building constructed or altered hereafter, shall be continued and maintained in operation and shall not be reduced below the requirements during the period that the main use is maintained. Failure by the owner or owners to supply such off-street parking shall cause the Building Commissioner to revoke the occupancy of a sufficient number of the units in order to bring the facility into conformity with parking requirements. Accessory off-street parking facilities shall not be used for the rebuilding, overhauling or dismantling of any vehicle as defined in Section 301.51
or for the storage of motor or body parts or for minor repair services on any vehicle.
(c) Required parking spaces may be either enclosed, underground or open.
(Ord. 16-16A. Passed 6-20-16.)
1129.15 MEASUREMENT STANDARDS.
(a) "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle, and shall have a minimum rectangular dimension of not less than nine feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.
(b) "Floor area" means the total area of all the floors of the building measured from the exterior faces of the building. Basement areas or other floors or parts thereof designed, arranged or used exclusively for storage or similar uses may be excluded from the floor area if the areas or floors or parts thereof are not open to the public.
Such areas as stairs, hallways, restrooms, equipment or furnace rooms, elevator shafts, etc. shall be excluded.
(c) When the computation results in a fractional unit, one additional space shall be provided. (Ord. 16-16A. Passed 6-20-16.)
1129.16 SCHEDULE.
For other than medical and dental offices and clinics, one off-street parking space per each 150 square feet of floor area of 6,000 square feet or less; forty off-street parking spaces plus one space per each 200 square feet of floor area over 6,000 square feet. For medical and dental offices and clinics, one off-street parking space shall be provided per each 100 square feet of floor area to 10,000 square feet and one space per each 200 square feet of floor area over 10,000 square feet. (Ord. 16-16A. Passed 6-20-16.)
1129.17 ACCESSWAYS TO PARKING AREAS.
The location and width of entrance and exit driveways to parking facilities shall be planned so as to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the adjacent streets.
(a) Whenever possible, the center line of the access driveways on the frontage streets shall be at least forty feet from the right-of-way line of the nearest intersecting street and be spaced at not less than 120-foot intervals, measured from the center line of the driveways.
(b) Parking areas shall be designed so that vehicles can be driven forward into the street. Those of fifteen spaces or less shall have at least one single-lane or one two-lane driveway; those of sixteen spaces or more shall have at least two single-lane, or one two-lane driveway. Each entrance to, or exit from, a parking area of sixteen spaces or more shall be limited to two lanes.
(c) The widths of driveways, measured at the setback line, shall conform to the following schedule. At no point where adjoining a public sidewalk shall the maximum widths be exceeded.
Lanes | Minimum feet | Maximum feet |
One | 10 | 12 |
Two | 18 | 24 |
(d) The angle of intersection between the driveway and the street shall be between sixty degrees and ninety degrees. The radius at the edge from the apron shall be at least twelve feet, twenty feet recommended, so that a motor vehicle entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or in the curb lane of the street.
(Ord. 16-16A. Passed 6-20-16.)
1129.18 SURFACE IMPROVEMENTS OF PARKING AREAS.
(a) Proposed and existing parking areas and access driveways shall be improved with asphalt concrete or Portland cement concrete or other impervious surface and shall be so graded and drained into proper inlets so that all water is drained within the lot on which the parking area or driveway is located in such manner that water shall not drain across other public or private property.
(b) Parking areas shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this chapter, and shall be improved, except at entrances and exits with guardrails, curbs or other devices to define parking spaces or limits of paved areas, so as to prevent encroachment of vehicles into adjacent areas or public ways, yards or setbacks required by the Zoning Code, and so as to regulate the flow of traffic within the lot.
(c) The Planning and Design Commission may require landscape buffering or landscape screening to be provided on the parking area property to insulate the parking areas and driveways from a side or rear lot line of other property in Residential Districts or any other Zoning District with an existing residence thereon. Landscape buffering may include, but shall not be limited to, evergreen trees and bushes, compact hedges, shrubs, earth berms or a combination thereof. Landscape screening shall include plant material or other nonliving durable material, including, but not limited to, walls, berms or substantially solid decorative wood fencing. Where trees and shrubs are used to provide a landscape buffer, such shall provide a year-round state of being substantially impervious to rays of light. It shall be acceptable to incorporate fencing as part of the landscape buffer where noise and lights create a need that such landscape buffer include fencing. Fencing may also be used to provide landscape screening. Whenever used, fences shall be of a decorative style and type. Walls and berms shall be used only in the most unusual cases.
The desired buffering or screening effect shall be achieved not later than twelve months after the initial installation. The Planning and Design Commission may extend this twelve month period of time when a hardship would be created because of expected growth or material shortages, but such extension shall not be for more than two years from the time the initial installation was to have been or has been installed. All buffering and screening requirements imposed under the provisions of this subsection shall be installed and constructed before a certificate of occupancy is issued for a new building or structure. No existing building, structure or vehicular use area adjoining a Residential District or any other zoning district with an existing residence thereon shall be expanded, altered or modified until the plans are submitted by the opener on developer to the Planning and Design Commission for its determination as to whether the change adversely affects any properties in a Residential District or any other zoning district with an existing residence thereon. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or the installation of landscape screening, or a revision of a previously established buffered area or screening. The width and height of the landscape buffer or landscape screening shall be determined by the Planning and Design Commission provided, however, that the maximum height of fencing, whether incorporated as part of the landscape buffer or whether used as a landscape screen, which may be permitted shall be seven feet above finished grade. The owner, tenant and developer shall be responsible for the maintenance and replacement, if necessary, of the landscape buffer or landscape screening.
Owners or developers of off-street parking areas shall be required to include a plan for buffering or screening the parking areas and driveways, including a detailed description and sketch of the landscape buffer or landscape screening which visually and verbally outlines the nature and the effect of the proposed landscape buffer or landscape screening. A certificate of occupancy shall not be granted until the buffering or screening requirements have been completed. If completion, in the case of living materials, is delayed because of the growing season, a temporary permit to occupy may be granted by the Building Commissioner. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(d) In order to carry out the objectives of this Zoning Code and to preserve the use and enjoyment of adjoining property not less than five percent (5%) of an off-street parking area of a lot with twenty or more off-street accessory parking spaces shall have landscaping islands to break up the expanse of pavement. Each landscaping island shall not be less in size than the required area of one off-street parking space, shall be interspersed throughout the entire off-street parking area and shall have trees and such other landscaping as may be required by the Planning and Design Commission. Areas of landscaping surrounded by at least three sides by accessory off-street parking areas or accessories to parking areas may be considered a landscaped island.
(Ord. 16-16A. Passed 6-20-16.)
1129.19 APPROVAL OF PARKING FACILITIES.
Detailed drawings of off-street parking facilities shall be submitted to the Planning and Design Commission for review and approval in accordance with all the provisions of this chapter before a building permit or certificate of occupancy may be issued. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features as set forth in this chapter. (Ord. 16-16A. Passed 6-20-16.)
1129.20 ILLUMINATION OF PARKING FACILITIES.
Areas used to provide required off-street parking, and accessways thereto shall be illuminated whenever deemed necessary by the Planning and Design Commission to protect the public safety. The illumination of parking areas in office building districts shall be reduced in intensity after the close of business of the main use or uses. Lighting fixtures shall be so designed and located so as not to reflect direct rays of light upon adjoining residential properties and streets or cause a glare hazardous to pedestrians or drivers of motor vehicles on adjacent public streets, and shall be subject to the approval of the Commission.
(Ord. 16-16A. Passed 6-20-16.)
1129.21 APPLICATION AND DESIGN OF PARKING AREAS.
(a) Application for Providing Facilities. An application for a building permit pertaining to constructing a building or parking facility or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area to be provided in accordance with the space requirement schedules that are a part of this Zoning Code.
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement standards in Section 1129.15
, the standards for designing parking areas in subsection (c) hereof, the schedule of accessory parking requirements for the various uses in Section 1129.16
and any other applicable provisions of this Zoning Code.
The Planning and Design Commission may modify the parking requirements of Section 1129.16 under such terms and conditions as it determines will protect the public interest where it finds based upon the factual evidence presented that due to the nature of the particular use such requirements will not be adequate to provide sufficient parking or where the strict application of the requirements will result in an excessive amount of parking related to the particular use.
(Ord. 95-69. Passed 10-16-95.)
(c) Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area, or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with the standards for designing parking areas as may be adopted by the Commission and which is part of this Zoning Code. Design standards for enclosed parking areas and garages, shall be in accordance with other provisions of this Zoning Code.
(d) Handicapped parking spaces shall be provided in accordance with the provisions of the Ohio Basic Building Code.
(Ord. 16-16A. Passed 6-20-16. )
1129.22 REQUIRED TRASH AREAS.
All office building uses that provide trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning and Design Commission shall be required.
(Ord. 16-16A. Passed 6-20-16.)
1129.23 APPROVAL OF CITY ENGINEER REQUIRED.
The City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building or use set forth in the application for a building permit and shall forward his approval to the Building Commissioner prior to the issuance of a building permit.
(Ord. 16-16A. Passed 6-20-16.)
1129.24 RESERVED.
EDITOR’S NOTE: This section is reserved for future legislation.
1129.25 DEVELOPMENT STANDARDS AND CRITERIA FOR MIXED-USE DEVELOPMENTS.
(a) Purposes: The purposes of Mixed-Use Development are to:
(1) Encourage a mixture of complementary land uses that includes residential, retail, offices, lodging, theaters and other places of assembly to create economic vitality all in the same location.
(2) Encourage skillful planning by allowing flexibility in the type and placement of buildings while promoting coordinated architectural design within a unified development area
(3) Provide flexibility in the siting and design of the development and subsequent redevelopment to anticipate changes in the marketplace.
(4) Utilize design criteria for the new developments that are aesthetically pleasing and foster pedestrian movement among the facilities in the development and to and from the adjacent areas to the extent practicable.
(b) Use Parameters:
(1) In a Mixed-Use Development the following uses are permitted in addition to the permitted Office Uses listed in section 1129.02 "Schedule of Permitted Buildings and Uses:"
A. Retail Uses when in completely enclosed buildings and shall include the retail sales of goods and personal services such as beauty and barber shop, banks and savings and loan, travel agency and other similar uses, Permitted retail explicitly excludes automotive services such as, but not limited to, new and used car dealerships, tire sales, vehicle maintenance and repair services, auto or truck wash, gasoline service stations and similar automotive services as determined by the Planning and Design Commission.
B. Hotels.
C. Restaurants which may include outdoor dining as approved by the Planning and Design Commission.
D. Residential including: Multiple Family development, Senior Citizen Housing, Congregate Housing for Independent and/or Assisted Living, and Nursing Care.
E. Assembly Facilities which are limited to conference center, Meeting Halls, theaters and similar places of assembly.
(2) Retail (Subsection (1)A, above) and Assembly Facilities (Subsection (1)E, above), combined, shall not comprise more than thirty (30 %) percent of the total floor area - including both existing and new floor area.
(3) Residential shall not comprise more than seventy (70%) of the total floor area - including both existing and new floor area. The minimum size of the dwelling units shall be: 1-bedroom 550 sq. ft.; 2-bedroom 750 sq. ft.; and 3-bedroom 900 sq. ft.).
(4) The retail and residential percentage limitations, above, do not include ancillary or accessory uses such as dining areas, fitness centers, conference facilities, or similar activity areas when determined by the Planning and Design Commission to be provided primarily for the residents and/or guests at the hotel.
(c) The Project Size shall be a minimum of eight (8) acres to be eligible for a Mixed-Use Development.
(1) The number of parking spaces required in a Mixed-Use Development shall be as a minimum:
A. Offices (non-medical) - 1 space per 300 square feet of floor area.
B. Medical offices, dental offices and clinics - 1 space per 200 square feet of floor area.
C. Hotels - .85 spaces per room.
D. Retail - 1 space per 250 square feet of floor area.
E. Residential - Attached Single Family Homes - 2 enclosed spaces per dwelling unit; Apartments - one and one-half (1.5) spaces per dwelling unit; Senior Apartments - one and one-quarter (1.25) spaces per dwelling unit; Assisted Living - one-half (.5) of a parking space per bed and Nursing Care.
F. Restaurants - 1 space for 75 square feet of floor area.
G. Assembly Facilities - 1 space for every 3 seats of capacity.
(2) The minimum width of a parking space shall be nine (9) feet for angled parking and eight (8) feet for parallel parking when permitted on a designated public or private street or driveway.
(3) Shared Parking: Notwithstanding the requirements set forth in this Section, in a Mixed-Use Development, the Planning and Design Commission may approve a lesser amount of parking than the total spaces required taking into consideration: the hours of operation of uses; the overlap in parking demand by different adjacent uses; and the operating characteristics of the specific uses proposed.
(4) For any off-street parking that is located on adjacent land which is not part of the development site (because such land, for example, is not owned by the applicant or the land is in another municipal jurisdiction such as the City of Cleveland) and such land is needed to satisfy the parking requirements of Fairview Park, the applicant shall provide the City of Fairview Park, with the development plan application, sufficient binding documentation and legal instruments, acceptable to the Law Director, that the parking is sufficiently secured to meet the parking requirements for the proposed mixed-use development.
(f) Signs: Signs in a Mixed-Use Development shall comply with the requirements of Chapter 1145 except that:
will not be confined to the above size and height limitations of Chapter 1145 if the Planning and Design Commission determines - because of the location of the proposed development, the large size of the buildings, the overall scale of the development, and/or the location of the proposed signs relative to the adjacent street - that such larger and higher signs are compatible with the scale of the development, are appropriate to meet the needs of the businesses, and are consistent with the intent and purposes of this Section 1129.25.
(g) Review Procedures for Mixed-Use Developments: Development plan review is required for a Mixed-Use Development in accordance with the procedures in Section 1149.05. When reviewing the development plan the Planning and Design Commission shall consider, in addition to the criteria in Sections 1149.05 and 1149.10, and the specific intent of a Mixed-Use Development as set forth in Sub-section 1129.25 (a), above.
(Ord. 16-16A. Passed 6-20-16.)
1133.01 PERMITTED USES.
Land and buildings shall be used and buildings designed, erected, moved and altered only in accordance with the use regulations set forth in this chapter.
(a) Main Uses and Buildings. Townhouses and multi-family dwellings limited to units which form single integrated homes with separate exterior entrances and fire walls dividing each unit. Where one unit is built above or below another unit, these units may have a common public entrance.
(b) Accessory Uses and Buildings.
(1) Private accessory automobile garages or carports for each dwelling.
(2) Visitor off-street parking of passenger automobiles.
(3) Private non-commercial swimming pools, recreation areas and facilities intended and used solely by the occupants and their guests.
(4) Private accessory storage and maintenance structures needed for the operation and maintenance of the buildings and site.
(5) Landscape features including gardens, fountains, sidewalks, walls and decorative fences and lawns.
(Ord. 74-10. Passed 4-15-74.)
(6) Direct satellite receiving stations, and other telecommunications structures as set forth in Section 1133.03
(a), air conditioning and ventilation equipment and necessary utility equipment as permitted in this chapter and approved by the Planning and Design Commission.
(7) One identification sign disclosing only the name and address of the development.
(Ord. 95-70. Passed 10-16-95.)
1133.02 AREA REGULATIONS.
Land and buildings shall be designed, improved and maintained only in accordance with the following schedules:
(a) Site Area. The area of a parcel or parcels of land shall contain a minimum of 100,000 square feet and shall be under common ownership.
(Ord. 84-97. Passed 6-17-85.)
(b) Building Ground Coverage. All buildings and structures shall not cover more than twenty-five percent of the gross land area under development.
(Ord. 95-70. Passed 10-16-95.)
(c) Lot Frontage. Each Low-Rise Planned District shall have a minimum lot frontage at the building line of not less than 150 feet.
(Ord. 84-97. Passed 6-17-85.)
(d) Dwelling Unit Areas. Each dwelling unit in a Low-Rise Planned District shall have gross land area and minimum floor area of not less than:
Number of Bedrooms | Gross Land Area (square feet) | Livable Floor Area (Square Feet) |
One | 2,500 | 750 |
Two | 2,700 | 850 |
Three | 3,000 | 1,000 |
Each additional bedroom | 300 | 200 |
(Ord. 95-70. Passed 10-16-95.)
1133.03 HEIGHT REGULATIONS.
(a) The height of any main building in a Low-rise Planned Development District shall not exceed thirty-five feet or two and one-half stories, whichever is the lesser. In a Low-rise Planned Development District, stacks, water tanks, elevator penthouses, bulkheads, skylights, ventilators, air conditioning and temperature control equipment, other mechanical appurtenances relating to the operation of a main or accessory building itself and penthouse enclosures for mechanical appurtenances erected upon or constituted as an integral part of the main or accessory building itself and not used for human occupancy may be erected to a height not to exceed fifteen feet above the finished roof line of the building. Wireless, broadcasting, receiving and transmitting towers, radio and television antennae (except as provided in subsection (c) hereof), chimneys, flag poles and other like structures may be erected above the height limit specified in this subsection or subsection (b) hereof subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which the structure is attached to the main or accessory building, to the top of the structure shall not be greater than the horizontal distance from the base old such structure to the nearest adjoining property line.
(2) A variance approved by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from or not attached to the main building, or over fifteen feet in height above the uppermost point of attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving and transmitting tower and any radio or television antennae may be erected in a side yard or in a rear yard only in accordance with the provisions of this section.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand windloads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
(Ord. 93-7. Passed 5-3-93.)
(b) Accessory buildings, carports and accessory storage and maintenance structures shall not exceed fifteen feet in height above finished grade.
(c) A direct broadcast satellite receiving station may be placed on the roof of a main or accessory building provided all of the following conditions are satisfied:
(1) The receiving station is not linked or otherwise connected to receivers which are not located within the same premises as the antenna;
(2) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(3) The satellite receiving dish shall not exceed nine feet in dimension;
(4) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations, including calculations certifying to the capability of the roof to support the dish and the base, and details for the installation shall be furnished to the Division of Building;
(5) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(6) The dish shall not be placed closer than twenty feet from any roof edge;
(7) Only one such station shall be permitted at any one time on the same building;
(8) No lettering, numerals, symbols, pictorial signs or designs exceeding one-half inch in any dimension shall be permitted on any surface.
(Ord. 95-70. Passed 10-16-95.)
1133.04 YARD REGULATIONS.
(a) Front Yards. Each residential or accessory building shall have a front yard for the lot and on any interior street of less than forty feet. Parking within the required front yard shall not be permitted.
(b) Side and Rear Yards. Side and rear yards for any residential or accessory building shall be no less than twenty-five feet and where a Low-Rise Planned Development District borders a single-family, a two-family district or any other Zoning District with an existing residence thereon an additional five foot landscape buffer approved by the Planning and Design Commission shall be provided.
(c) Use of Yards.
(1) Required yards shall not be used for buildings, structures or recreation facilities such as tennis courts, swimming pools, parking or any type of storage.
(2) No use shall be permitted in side or rear yards except:
A. On-site open parking or drives up to fifteen feet of a lot line.
B. Landscaping, sidewalks, trees and open spaces as required by the Planning and Design Commission.
C. Underground utilities.
D. Swimming pools within the rear yard subject to the swimming pool regulations.
(3) No use shall be permitted in a front yard except:
A. Required ingress and egress and pedestrian walks.
B. Landscaping features.
C. One development identification sign as controlled in this chapter.
D. Underground utilities.
(Ord. 95-70. Passed 10-16-95.)
1133.05 PARKING AND DRIVEWAYS.
Parking areas and driveways shall be properly related to the public street and residential buildings so as to promote safety, convenience and to minimize congestion or hazards. In addition to the provisions of Chapter 1121 the following standards shall be met:
(a) Every planned development shall provide two garage spaces for each living unit. One of the spaces shall be within a garage or carport, the other may be an open off-street space.
(Ord. 84-97. Passed 6-17-85.)
(b) Ingress and egress from public streets shall be provided for every parcel, but not more than one access driveway shall open upon a public street for every 120 feet of frontage fronting a public street. Driveways shall be planned and constructed at locations designed to avoid traffic congestion and hazards, and shall be approved by the Planning and Design Commission.
(Ord. 95-70. Passed 10-16-95.)
1133.06 LANDSCAPING AND OPEN SPACE.
In order to provide light, ventilation and open spaces within the City and to provide environmental amenities to the occupants of the development, a land area not covered by buildings, parking areas, drives, sidewalks, plazas or other hard surfaced uses shall be developed and maintained in grass or other landscape planting as approved by the Planning and Design Commission.
(a) Minimum Area. Grade level landscaped open space shall be not less that fifty percent of the site. This minimum landscaped area may include required yards and garage roofs which are covered with earth, grass, plantings and as approved by the Planning and Design Commission.
(b) Required Private Open Space for Residential Uses. Every dwelling unit shall have available to it a separate private yard containing at least 400 square feet, with screening provided as part of the planned development as to ensure adequate privacy. Such screening shall be subject to the provisions of this Zoning Code with respect to fences and shall be approved by the Planning and Design Commission.
(c) Submitted Landscaping Plan. The site development plan for review by the Planning and Design Commission shall show all landscape and open space areas as well as provisions for buffering and screening.
(Ord. 95-70. Passed 10-16-95.)
1133.07 SIGNING AND LIGHTING .
Development shall conform to the standards and provisions which apply to this district as specified in Chapter 1145 and subject to approval of the Planning and Design Commission.
(Ord. 95-70. Passed 10-16-95.)
1133.08 BUILDING AND SITE DESIGN STANDARDS.
Buildings, site development and uses shall be designed and arranged so as to provide a unified building complex which shall be an asset to the City, residents and occupants of the development:
(a) All utilities serving the buildings and site, including electric, telephone and all supporting equipment thereto including meters, transformers, etc., shall be placed underground within a building.
(b) All buildings and grounds shall be designed, constructed and maintained as approved in the site development plan. All landscaping, sidewalks, pedestrian plazas, parking areas and building exteriors shall be maintained free of any unsafe, unsightly or blighting condition which deteriorates the appearance, character, safety or value of the City or surrounding area.
(c) The developers of every Low-Rise Planned Development District shall make provision for the maintenance, upkeep and repair of common land, utilities, roofs, walls, driveways, sidewalks and other areas or facilities under common or joint use, for the payment of expenses, taxes and assessments thereon, and shall establish standards for the maintenance which shall be filed with the Building Commissioner and repair of individually owned and operated areas, in accordance with laws applicable to condominium or incorporated association ownership. Such provisions, agreements, easements and covenants shall be subject to the approval of the Director of Law in order that such maintenance, repair and payment of taxes may be guaranteed.
(d) All developments shall be designed and constructed so as to relate to and to improve the character and quality of the surrounding properties and the City. The orientation and construction of buildings and the location of private space and common space shall be designed to promote the utmost privacy and individuality of units and to form a unified composition of buildings and space and a variety of perspectives according to sound architectural and planning principals.
(Ord. 74-10. Passed 4-15-74.)
1133.09 SITE DEVELOPMENT PLANS.
Until a preliminary development plan has been approved by Council for a low-rise planned development, all provisions of this Zoning Code applicable to the existing zoning district in which any land is located shall be applicable to such land. After approval of a preliminary development plan and the rezoning of the parcel to this use district, the provisions of this chapter with respect to low-rise planned development shall be applicable to the land in such development.
No building, structure or land shall be erected or used in accordance with the provisions of the Low-Rise Planned Development District unless a final site development plan thereof has been submitted to, reviewed by and approved by the Planning and Design Commission. Such site development plans shall conform to all provisions and procedures of Section 1149.12.
(Ord. 95-70. Passed 10-16-95.)
1133.10 CLUSTER PLANNING.
In districts zoned Low-Rise Planned Development District, a group of three or more dwellings may be designed as clusters.
(a) Criteria. The cluster concept is intended to encourage the use of free and irregular yard patterns between dwellings and without uniform relation to the street system. The layout shall be designed in order to create an orderly arrangement with the landscape and topography of the area, and shall be in scale with surrounding residential buildings. Landscape features such as walls, fences and hedges may be incorporated intone design in order to create a variety of open spaces for common and private uses in keeping with the natural topography of the land and in order to preserve existing trees.
(b) Standards. The use regulations provided for in Section 1133.01
, the area regulations provided for in Section 1133.02
, the height regulations provided for in Section 1133.03
and the yard regulations provided for in Section 1133.04
shall be applicable to cluster developments except as modified herein:
(1) Area. The area and width of the dwelling lots may vary, but the average area for the cluster development shall not be less than 12,000 square feet per dwelling unit including the roadway, whether public or private, which serves the development.
(2) Front setback. The front setback of the individual dwelling units may vary, but in no case shall a structure be located closer than twenty feet to a roadway or required sidewalk.
(Ord. 80-75. Passed 3-2-81.)
(c) Approval Procedures. Cluster developments shall be subject to the approval procedures set forth in this chapter and of Chapter 1149.
(Ord. 95-70. Passed 10-16-95.)
1137.01 RESIDENTIAL BUILDINGS IN BUSINESS DISTRICTS.
(a) Residential buildings, or parts thereof, located in Business Districts, shall comply with each and all of the regulations established in Multi-Family Districts, except multi-family housing for the elderly and handicapped authorized under Section 202 of the Housing Act of 1959, as amended, Public Law 86-372, 73 Stat. 667, 12 U.S.C. §1701q shall comply with each and all of the regulations adopted pursuant thereto when in conflict with this Zoning Code.
(b) Buildings and structures, or parts thereof, used for one- or two-family residences, or intended to be used as such, shall not be permitted on the same zoning lot on which is located a commercial or business establishment or use of any kind. Except as otherwise specifically provided in and permitted by Section 1137.015, existing one- and two-family residences, whether detached from or attached to or part of another structure on the same zoning lot or whether an integral part of a structure on a zoning lot, shall not be occupied, in whole or in part, by any other use or converted into a commercial or business establishment or use.
(Ord. 92-48. Passed 7-6-92.)
1137.015 CONVERSION OF RESIDENTIAL DWELLINGS TO LIMITED COMMERCIAL OR BUSINESS USE.
(a) An existing one- or two-family dwelling, whether detached from or attached to or part of another structure on the same zoning lot or whether an integral part of a structure on a zoning lot may be converted to and thereafter occupied and used for the uses permitted by this section subject to the provisions of this section.
(b) Design Criteria and Requirements. The following design criteria and requirements shall apply to all one- and two-family residences converted to and thereafter occupied and used for the uses permitted by this section:
(1) The entire building or structure shall be redesigned and reconstructed to express and serve the proposed use in regard to exterior design, the building plan and the site plan.
(2) The dwelling shall, to the maximum extent possible, be renovated and preserved to its original design except as may be necessary to comply with other applicable ordinances of the City, the provisions of this section and such concepts as are adopted by the Planning and Design Commission.
(3) In addition to such concepts as are adopted by the Commission, in considering the appropriateness of any proposed exterior design or of any change to the exterior surface of structures or of the appropriateness of existing or proposed landscaping and exterior signs, the following criteria shall be considered and applied by the Commission:
A. The distinguishing original qualities or character of a period building, structure or site shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided.
B. Alterations that have no historical basis or which seek to create an earlier appearance inconsistent or inappropriate to the original design or integrity of the building shall be avoided.
C. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
D. Significant architectural details and features which have deteriorated shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of architectural details and features should be based on accurate duplications, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
E. The surface cleaning of structures shall be undertaken with methods designed to minimize damage to historic building materials. Cleaning methods that will damage the historic building materials shall be avoided.
F. Any reconstruction or rehabilitation shall conform to the distinguishing, original exterior qualities and character of the structure and its site.
G. The use of contemporary materials such as aluminum, other metals, fiberglass and plastics for exterior surfaces shall be prohibited unless it is specifically determined by the Commission that the use of such materials would contribute to the preservation or enhancement of existing traditional materials and the overall integrity and longevity of a structure.
H. Traditional colors and combinations of colors as approved by the Commission shall be used for all structure exteriors including for all exterior remodeling and exterior maintenance.
(c) Signs. All signs shall conform to the material and color provisions of subsection (b) hereof, shall be of such a style and design that reflects the era during which the structure was built, and shall otherwise conform to the requirements of Chapter 1145
except that the structural type of such signs shall be limited to ground signs, wall signs, and window signs as defined in Section 1145.03
(c). Such permitted signs shall not cover, "blank-out" or close existing window or doorway openings or otherwise hide important architectural details or features
(d) Interior Renovation. The interior of any dwelling converted to a commercial or business establishment or use shall be renovated in a manner as is necessary to comply with the Building Code and the National Electrical Code as such are applicable to premises used for a commercial or business establishment or use.
(e) Any existing one- or two-family dwelling, whether detached from or attached to or part of another structure on the same zoning lot or whether an integral part of a structure on a zoning lot, converted to or to be converted to a commercial or business establishment or use, shall not be added to or enlarged. Where the yards of existing one- or two-family dwellings are less than the minimum required yards as set forth in Section 1137.07, such residential dwelling shall be considered as conforming with respect to such yard requirements provided that yards of less dimensions than that required by Section 1137.07 shall not be further reduced. Such converted residential dwellings shall, in all other respects, comply with the requirements of this chapter.
(f) Permitted Main Uses. The use of any one- or two-family residence converted or to be converted to a commercial or business establishment or use shall be conducted wholly within buildings and shall be limited to the following:
(1) The sale of objects of art, crafts and antiques;
(2) The teaching of arts, crafts and the restoration or repair of antiques;
(3) The creation, assembly, and/or repair of arts and crafts;
(4) The restoration of antiques;
(5) Professional, financial, public utility, executive, governmental and administrative offices;
(6) Real estate offices;
(7) Retail business stores and services as enumerated in Section 1137.03(a)(1);
(8) Nursery schools, child day-care centers;
(g) Permitted accessory buildings and uses shall be those specified in Section 1137.03(d)(1), (2) and (3).
(h) This section shall not be construed or applied so as to prohibit the construction of additional buildings or structures on the same zoning lot on which is located an existing one- or two-family dwelling which has been converted to a business or commercial establishment or use pursuant to the provisions of this section provided that a thirty foot wide fire separation is provided between the converted dwelling and such additional buildings or structures and that all other applicable ordinances are complied with including the provisions of this chapter.
(Ord. 18-12. Passed 6-25-18.)
1137.02 USE REGULATIONS.
Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained only for the uses set forth for each district respectively, in the schedules and regulations of this chapter.
(b) Accessory buildings and uses, listed in Sections 1137.03 and 1137.04, shall be permitted as a subordinate building or use, which is clearly incident to, and located on, the same zoning lot as the main building or use. Accessory buildings and uses shall be located only in a district in which specifically permitted.
(c) Conditional buildings and uses, listed in Sections 1137.03 and 1137.04, may be permitted only in a district in which they are specifically permitted in accordance with the criteria, regulations and conditions as set forth in this Code and as approved by the Planning and Design Commission and Council.
(Ord. 86-22. Passed 4-4-88.)
(d) Main buildings and uses, listed in Section 1137.015, shall be permitted as the principal buildings, use or activity of a one- or two-family dwelling located in a General Business "A" or General Business "B" Zoning District converted to a business establishment or use.
(Ord. 92-48. Passed 7-6-92.)
1137.03 SCHEDULE OF PERMITTED BUILDINGS AND USES; GENERAL BUSINESS CLASSIFICATION "A".
(a) Main uses conducted wholly within buildings.
(1) Retail business stores and services.
A. The sale of all food, confectionery, dairy products, frozen food lockers and State liquor stores;
B. The sale and serving of all beverages and eating places, including dancing and live entertainment, provided that the building is sufficiently sound insulated to confine any noise to the building;
(Ord. 91-69. Passed 10-7-91.)
C. The sale of all general merchandise including drugs, tobacco, jewelry, gifts, flowers, periodicals, books, stationery, clothing and accessories, shoes, and notions, and department and variety stores provided that no adult book store shall be located within 1000 feet of another adult book store nor within 1000 feet from any church, school, library, playground or to any other use classified as civic and recreational nor within 1000 feet of a residential district or as enumerated in Section 1109.01
or any other Zoning District with an existing residence thereon.
1. "Adult book store" means an establishment having a substantial and significant portion of its stock in books, magazines, newspapers, pamphlets and other periodicals, posters, pictures, images, figures, records, tapes, cassettes, discs, video cassettes, video discs, films, slides, transparencies, mechanical or nonmechanical devices and other similar materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
2. "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
3. "Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttock; female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state even if completely and opaquely covered.
(Ord. 95-71. Passed 10-16-95.)
D. The sale and servicing of all hardware including electrical, plumbing and heating supplies, paint and garden supplies, tools, lawn and garden equipment, appliances, china, furniture, floor and wall covering and business equipment;
E. The sale of music, radio and television equipment provided that no loud speakers broadcast into the street; radio and television equipment repair;
(Ord. 91-69. Passed 10-7-91.)
F. The sale of bicycles, motorized bicycles, outboard motors, sports and athletic equipment;
G. Pet shops, animal hospitals provided that noise and odors are effectively confined to the building and further provided that animal hospitals shall comply with and meet the standards established by the American Animal Hospital Association or its successor; that animal hospitals shall not erect, maintain or cause to be created or maintained any outside animal run or cage and that there shall not be permitted any boarding of animals on the premises except for convalescent purposes;
(Ord. 95-71. Passed 10-16-95.)
H. Shops for custom work such as carpentry, woodworking, plumbing, tin, furnace repair, heating, electrical, upholstery, decorating, signs, ornamental iron, for the making of articles to be sold only at retail on the premises;
I. All personal service establishments such as beauty and barber shops, dry cleaning agencies, tailor shops, laundry agencies and self-service laundries, shoe and hat repair, carpet cleaning;
J. Photographic developing, blueprinting and small printing shops; photographic studios;
(2) Radio and television broadcasting stations, telephone exchanges and transformer stations.
(3) Wholesale offices and show rooms with storage limited to samples.
(4) Bus passenger stations and taxi stations.
(5) Banks and similar financial institutions. (Ord. 91-69. Passed 10-7-91.)
(6) Office buildings for professional, financial, governmental, public utility, executive and/or administrative offices, excluding sales offices with samples and merchandising services not incidental to the main use.
(Ord. 98-38. Passed 7-6-98.)
(7) Laboratories for basic and applied research, experimental or testing provided, research of production processes is limited to laboratory of nonpilot scale. Provided further that all operations shall not be offensive to adjoining properties by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibrations, glare or other objectionable features, and that prior to the issuance of a building permit, evidence shall be required that adequate controls, measures or devices have been provided.
(8) Hospitals, medical laboratories and clinics.
(9) Funeral homes.
(10) Nursery schools, child day-care centers.
(Ord. 91-69. Passed 10-7-91.)
(11) Motels and hotels provided that rooms, units, suites or accommodations thereof shall not be used as the permanent or voting residence of any person. Any person occupying any room, unit, suite or accommodation or any combination or series of rooms, units, suites or accommodations on the premises of such motel or hotel in excess of thirty days shall be presumed to be a permanent resident in violation hereof. Any person, including any owner, operator, manager, lessor, agent or employee of such motel or hotel who contracts with, permits, authorizes, allows, suffers or causes any person to occupy any room, unit, suite or accommodation or any combination or series of rooms, units, suites or accommodations on the premises of such motel or hotel in excess of thirty days shall be presumed to have permitted the occupancy of a motel or hotel as a permanent residence in violation hereof.
(Ord. 92-13. Passed 6-15-92.)
(12) Amusement services and recreational services such as assembly and meeting halls, billiard halls, bowling alleys, game rooms, indoor theaters, social, fraternal, sport or recreational establishments or private clubs, provided they are conducted wholly within a building and are sufficiently sound insulated as to confine any noise to the premises and provided that none of the following uses shall be located within 1000 feet from any church, school, library, playground or to any other use classified as civic and recreational nor within 1000 feet of a residential district as defined in Section 1109.01
and provided that none of the following uses shall be located within 1000 feet of the same or another of the following:
A. Adult book store;
B. Adult motion picture theater;
C. Adult mini-motion picture theater;
D. Adult entertainment cabaret;
and provided further that no premises shall have or offer more than one of the uses listed in subsection (a)(12)(A). to D. hereof. "Adult book store" means the same as set forth in subsection (a)(l)C.1. hereof. "Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting materials whether by film, video cassette, video disc, cable television or any other visual media distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. "Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting materials whether by film, video cassette, video disc, cable television or any other visual media distinguished or characterized by an emphasis on material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. "Specified sexual activities" and "specified anatomical areas" means the same as set forth in subsection (a)(l)C.2. and 3. hereof. "Adult entertainment cabaret" means an establishment which features persons exhibiting "specified anatomical areas". "Specified anatomical areas" means the same as set forth in subsection (a)(l)C.3. hereof.
(Ord. 95-71. Passed 10-16-95.)
(13) Vocational schools and other training schools of a private, technical or professional nature.
(14) Nursing homes, rest homes, convalescent homes, geriatric hospitals and other similar institutions wherein patients are in permanent or semipermanent residence provided such institutions comply with both the provisions of this chapter and the provisions of the Zoning Code applicable to General Business Classification "A" buildings and uses not in conflict with the following:
A. The minimum lot size for such institutions shall not be less than two acres;
B. The minimum width at the building line for such institutions shall not be less than one hundred feet;
C. The minimum side yards for such institutions shall not be less than twenty-five feet;
D. The minimum front yard for such institutions shall not be less than thirty feet;
E. The minimum rear yard for such institutions shall not be less than forty feet;
F. The maximum height of any main or accessory building for such institutions shall be twenty-five feet;
G. All accessory parking facilities for such institutions shall be located behind the front building line; shall be located no closer than ten feet from a side or rear property line; and shall be provided in a number equivalent to that required of hospitals as set forth in Section 1137.12
.
(15) Other similar uses. (Ord. 91-69. Passed 10-7-91.)
(b) Retail sales and services in open yards to the following extent:
(1) Garden supplies and furniture and nursery stock, provided the operation is in connection with an established business conducted within a building not more than 150 feet therefrom, and provided merchandise not sold, displayed or stored in a required yard.
(2) The sale of Christmas trees provided that the sale is in connection with an established business conducted within a building not more than 150 feet therefrom, and provided trees are not sold, displayed or stored in a required yard.
(3) Sales outside an enclosed building conducted by a tenant or owner of the premises at which sale is held with such owner or tenant also conducting its regular business wholly within an enclosed building at the sale location provided that no merchandise is sold, displayed or stored in a required yard; the display area of such sale shall not exceed the width of tenant’s or owner’s individual store frontage and shall not block any entrance or exit or obstruct the use of public sidewalks; such sale is conducted only during the tenant’s or owner’s normal business hours with all personal property to be returned to the enclosed building at the end of each business day; and such sale is limited to the same type of merchandise generally sold by the tenant or owner wholly within an enclosed building at the premises where the sale is being conducted.
(4) Any activity, event or function conducted by or on behalf of any recognized non-profit, educational, philanthropic, civic, religious, political or charitable organization or group provided that the aforementioned organization or group or person on its behalf first registers with the Building Commissioner stating the name of the organization or group, the nature of the activity, event or function being conducted, the duration and location of such activity, event or function and providing such other information deemed necessary by the Commissioner, including evidence satisfactory to the Commissioner that the organization or group is a recognized nonprofit, educational, philanthropic, civic, religious, political or charitable organization or group and that the person registering the organization or group is, in fact, authorized to act on its behalf. Written consent of the owner of the premises or other duly authorized person shall be provided. The registration shall be valid for a period not to exceed three days from the date the activity, event or function first commences unless earlier revoked.
Unless earlier revoked, any such registration shall be renewed once in any calendar year not less than six months after the expiration of the initial registration for an additional three days. No registration shall be assigned or transferred to any other organization, group or person. The proposed location of the activity, event or function shall not constitute a hazard to the public health, safety and welfare and shall be approved by the Commissioner. The approval of a registration shall constitute a temporary waiver of use restrictions, yard requirements, height regulations and accessory off-street parking requirements. No registration issued pursuant to this section shall be issued to any one given premises more than four times in any calendar year.
Any false, misleading or deceptive information provided by the registrant shall be cause for immediate revocation of the registration.
(c) Dwelling unit(s) on upper floor(s) of a building provided the lot has frontage on Lorain Road and the minimum floor area of the dwelling unit(s) shall be at least:
A. Studio or 1-bedroom 550 square feet;
B. 2-bedroom 750 square feet;
C. 3-bedroom 900 square feet; and
D. 150 square feet for each additional bedroom.
(e) Accessory buildings and uses.
(1) Accessory off-street parking and loading facilities as required by this chapter.
(2) Maintenance, storage or processing operations clearly incident to the conduct of retail or service establishments or offices provided that no goods or merchandise shall be made upon the premises or repaired or other services rendered except those incident to a permitted building or use and for no other outlet except on the premises.
(3) Employee's lunch rooms and similar facilities.
(4) On the first floors of office buildings, uses permitted in other General Business "A" categories provided such uses do not exceed twenty-five percent (25%) of total office building floor area.
(6) Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1137.09(a).
(Ord. 23-57. Passed 10-2-23.)
1137.04 SCHEDULE OF PERMITTED BUILDINGS AND USES; GENERAL BUSINESS CLASSIFICATION "B".
(a) Main Uses.
(1) Any main use permitted in Section 1137.03 in accordance with the regulations applicable thereto.
(2) Automotive sales and services, auto washes and repair and service garages excluding heavy body work. The sale of gasoline and oil, and the display and sale of small automotive accessories, such as wiper blades, radiator and gas caps at a service station is permitted in an open yard. The display and sale of automotive tires in an open yard at service stations shall also be permitted so long as such display and sale is not considered by the Police Department to constitute a traffic hazard. (Ord. 95-71. Passed 10-16-95.)
(3) The sale of motor vehicles is permitted in open yards provided:
A. The operation is in connection with a new car sales agency located in the City;
B. All vehicles, advertising and structures other than signs as permitted and regulated by Chapter 1145 are not located in front of the building line of the lot or less than ten feet from the front lot line, whichever is greater; and
C. A curb or other barrier is erected on the aforesaid ten-foot line and the front yard is landscaped and maintained attractively.
(Ord. 86-22. Passed 4-4-88.)
(4) Drive-ins, where facilities are provided for serving food and/or nonalcoholic drink, wholly or in part, to customers remaining within or on their motor vehicles, or to customers returning to their motor vehicles after securing such food and/or nonalcoholic drink themselves, such food and/or nonalcoholic drink to be consumed wholly or in part upon the premises of the establishment.
(Ord. 95-71. Passed 10-16-95.)
(5) Other similar uses.
(b) Conditional Uses.
(c) Accessory Buildings and Uses.
(1) Accessory off-street parking and loading facilities as required by this chapter.
(2) Maintenance, storage or processing operations clearly incident to the conduct of retail or service establishments or offices provided that no goods or merchandise shall be made upon the premises or repaired or other services rendered except those clearly incident to a permitted building or use and for no other outlet except on the premises.
(3) Permitted accessory uses for General Business "A" main uses shall be as set forth in Section 1137.03(d).
(4) Employee lunch rooms and similar facilities.
(6) Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1137.09(a).
(Ord. 18-12. Passed 6-25-18.)
1137.05 PROHIBITED USES.
The following buildings and uses are specifically prohibited in the City:
(a) The use by any person, firm or corporation other than by the City of any site, location, parcel, land, lot, installation, building or structure as a main use for the incineration, distillation, landfilling, dumping, burying, storage or any other method of disposal, transfer or treatment of infectious waste, hazardous waste, solid waste, garbage, refuse, rubbish, junk, offal and other waste generated from any other building or land, including, but not limited to, any facility or building that extracts materials from solid waste, a combustion facility or building, and a facility or building used for the gasification of solid waste by destructive distillation. The provisions of this subsection shall not be construed to apply to any accessory building, structure or use used for the temporary storage of any waste generated from a main building or use on the same zoning lot or to legitimate recycling activities imposed or required by law of the main building or use.
1137.06 ILLUMINATION OF OPEN YARDS USED FOR RETAIL BUSINESS OR SERVICES.
Open yards used for permitted retail businesses or services may be illuminated provided that illumination fixtures are shielded from adjacent residences and streets and shall be extinguished after the close of business provided that such illumination shall not be on between the hours of 10:00 p.m. and 6:00 a.m. (Ord. 95-71. Passed 10-16-95.)
1137.07 YARD REGULATIONS AND SCHEDULE.
(a) No building in a General Business “A” or in a General Business “B” District shall be erected closer than thirty feet to any lot in a Residential District as enumerated in Section 1109.01. This distance of thirty feet shall be increased five feet for every twelve feet or fraction thereof the building exceeds twenty-five feet in height above finished grade.
(b) For every main or accessory building or use, the following yards shall be provided where not in conflict with subsection (a) hereof:
Building or Use | Front feet | Side feet | Rear feet |
(1) For every main or accessory
building in General Business “A” and General Business “B”
| 10 | 0 | 0 |
(2) For every main or accessory building in General Business “A” and General Business “B” adjacent to a Residential District as enumerated in Section 1109.01 | N/A | 10* | 10* |
(3) Accessory open off-street parking | 4 | 0 | 6 |
(4) Accessory open off-street adjacent to a residential district as enumerated in Section 1109.01 | N/A | 10* | 10* |
*Landscape buffering and/or landscape screening shall be provided as required by subsections (c) and (e) hereof.
(c) Front yards may be used for parking but not within four feet of the front property line. A curb or other barrier shall be erected on such four-foot line, the remaining yard shall be landscaped and attractively maintained. Any such parking shall be further subject to the regulations set forth in this chapter.
(d) Front yards shall not be used to display or sell merchandise and no structure shall be erected in a required front yard, except:
(1) Gasoline pumps constructed and operated as part of a service station or garage may be erected, but not less than fifteen feet from the front lot line;
(2) Signs as permitted by Chapter 1145;
(3) The sale of gasoline and oil and the display and sale of small automotive accessories as set forth in Section 1137.04(a)(2);
(4) Vending machines and newspaper dispensing devices subject to the provisions of Chapter 735 of the Codified Ordinances and provided that the location of such machines and devices is first approved by the Division of Building;
(5) Retail sales and services as regulated by Section 1137.03(b); and
(6) The sale of motor vehicles as regulated by Section 1137.04(a)(3).
All driveways, platforms and curbs of service stations shall be designed to service vehicles standing only within the premises.
(e) Where a yard is required under conditions set forth under subsections (a) and (b)(2) hereof, or when a yard is otherwise provided and adjoining a Residential District or any other Zoning District with an existing residence thereon, the Planning and Design Commission may require landscape buffering or landscape screening in accordance with Section 1137.16 and Section 1149.05 along a side or rear lot line provided that any wall or any fencing whether incorporated as part of a landscape buffer or whether used as a landscape screen along the side lot line of the front yard of an adjacent Residential District shall not be constructed, erected or installed closer than twenty feet from the right-of-way line. Except as otherwise specifically permitted or as specifically required by the provisions of this chapter, trees, shrubs, yard structures and other landscape features shall not be constructed, erected or installed closer than twenty feet from the right-of-way line.
(Ord. 98-41. Passed 10-5-98.)
1137.08 PROJECTIONS INTO YARDS.
No portion of a building, such as fire escapes or balconies, may project into a required front yard except signs as permitted in Chapter 1145.
(Ord. 67-17. Passed 5-15-67.)
1137.09 HEIGHT REGULATIONS.
(a) The height of any main or accessory building shall not exceed sixty feet in a General Business District.
In a General Business District stacks, water tanks, elevator penthouses, bulkheads, skylights, ventilators, air conditioning and temperature control equipment, other mechanical appurtenances relating to the operation of the main or accessory building itself and penthouse enclosures for mechanical appurtenances erected upon or constituted as an integral part of the main or accessory building itself and not used for human occupancy may be erected to a height not to exceed fifteen feet above the finished roof line of the building.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae (except as provided in subsection (b) hereof), chimneys, flag poles and other like structures may be erected above the height limit specified in subsection (a) hereof, subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which the structure is attached to the main or accessory building, to the top of the structure shall not be greater than the horizontal distance from the base of such structure to the nearest adjoining property line.
(2) A variance approved by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from or not attached to the main building, or over fifteen feet in height above the uppermost attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving and transmitting tower and any radio or television antennae may be erected in a side yard or in a rear yard only in accordance with the provisions of this section.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand windloads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
Canopies and other similar structures at service stations shall not exceed twenty feet in height above finished grade.
(Ord. 93-7. Passed 5-3-93.)
(b) A direct broadcast satellite receiving station may be placed on the roof of a main or accessory building provided all of the following conditions are satisfied:
(1) The receiving station is not linked or otherwise connected to receivers which are not located within the same premises as the antenna;.
(2) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(3) The satellite receiving dish shall not exceed nine feet in dimension;
(4) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations, including calculations certifying to the capability of the roof to support the dish and the base, and details for the installation shall be furnished to the Division of Building;
(5) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(6) The dish shall not be placed closer than twenty feet from any roof edge;
(7) Only one such station shall be permitted at any one time on the same building;
(8) No lettering, numerals, symbols, pictorial signs or designs exceeding one-half inch in any dimension shall be permitted on any surface.
(Ord. 95-71. Passed 10-16-95.)
1137.10 ACCESSORY PARKING FACILITIES REQUIRED.
Accessory off-street parking facilities, including access driveways, shall be determined in conformance with the standards set forth in this chapter.
(a) Such facilities shall be provided on the same lot or on an adjoining lot under the same ownership as provided in this chapter whenever:
(1) A building is constructed;
(2) An existing building is altered, resulting in an increase in seating capacity, floor area or other measurement criteria;
(3) The use of an existing building is changed to a use requiring more off-street parking facilities.
(b) Required off-street parking and loading facilities accessory to an existing use, and those required as accessory to a use created or a building constructed or altered hereafter shall be continued and maintained in operation and shall not be reduced below the requirements during the period that the main use is maintained. Failure by the owner or owners to supply such off-street parking and loading facilities shall cause the Building Commissioner to revoke the occupancy of a sufficient amount of the area in order to bring the facility into conformity with parking requirements and off-street loading facilities. Accessory off-street parking facilities shall not be used for the rebuilding, overhauling or dismantling of any vehicle as defined in Section 301.51
or for the storage of motor or body parts or for minor repair services on any vehicle.
(Ord. 84-98. Passed 6-17-85.)
1137.11 MEASUREMENT STANDARDS.
For the purpose of determining accessory off-street parking requirements, definitions and standards shall be as follows:
(a) "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, patrons, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle, and shall have a minimum rectangular dimension of not less than nine feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty-two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.
(b) "Floor area" means the total area of the floors of the building measured from the exterior faces of the building. Basement areas or other floors or parts thereof, designed, arranged or used exclusively for storage or similar uses may be excluded from the floor area if the areas or floors or parts thereof are not open to the public. Such areas as stairs, hallways, restrooms, equipment or furnace rooms, elevator shafts, etc. shall be excluded.
(c) "Seat" means the number of seating units installed or indicated, or each twenty-four lineal inches of benches, or space for loose chairs or similar seating facilities. Spacing of rows shall be thirty inches on center.
(d) Where the computation results in a fractional unit, one additional space shall be provided.
(e) "Employees", wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.
(f) Floor area; loading requirements means the total floor area used for the main and accessory activities and the storage areas of the building served.
(Ord. 84-98. Passed 6-17-85.)
1137.12 SCHEDULE.
(a) Theaters, lodge halls, auditoriums, stadiums, meeting rooms, social halls and other places of assembly: | 1 per 3 seats |
(b) Dance halls, skating rinks, swimming pools: | 1 per 50 sq. ft. of area used for dancing, skating or swimming, plus such spaces applicable to businesses or services operated or provided in conjunction with the main use. |
(c) Bowling alley | 3 per bowling lane plus such additional spaces applicable to businesses or services operated or provided in conjunction with the main use. |
(d) Medical and dental offices and clinics: | l per each 100 sq. ft. floor area to 10,000 sq. ft. and 1 per each 200 sq. ft. floor area over 10,000 sq. ft. |
(e) Hospitals: | 2 per 1 bed plus 1 per each employee. |
(f) Retail stores, banks, service establishments, laboratories, other office buildings: | 1 space per each 150 sq. ft. of floor area of 6,000 sq. ft. Or less; 40 spaces plus 1 per each 200 sq. ft. of floor area over 6,000 sq. ft. |
(g) Eating places, bars, taverns, snack bars, party rooms and other places serving food and drinks: | 1 per 50 sq. ft. floor area or 1 per 2 seats, whichever results in the greater number. |
(h) Motels and hotels: | 1 per room or similar living unit plus 1 per each employee plus such spaces applicable to businesses or services operated or provided in conjunction with the main use. |
(i) Funeral homes: | 1 per 30 sq. ft. of assembly rooms or 1 per each 3 seats whichever results in the greater number. |
(j) Gymnastics, gymnastics training school and body conditioning, vocational schools and other training schools of a private, technical or professional nature: | 1 per each employee and 1 per each 3 seats or 1 per each employee and 1 per each 150 sq. ft. floor area to 6,000 sq. ft. or less; 40 spaces plus 1 per each 200 sq. ft. floor area over 6,000 sq. ft., whichever (employees plus seats or employees plus sq. ft. floor area) results in the greater number. |
(k) Drive-in windows, pick-up and control stations, ticket booths and similar facilities shall provide spaces in a waiting line of not less than 120 feet on the lot occupied by the facility for each such service point. Driveways to such service and parking areas shall be located in accordance with provisions of Section 1137.15.
(l) For a specific building or use not scheduled above, the Planning and Design Commission shall apply the unit of measurement from the above schedule deemed to be the most similar to the proposed building or use.
(Ord. 84-98. Passed 6-17-85.)
1137.13 MODIFICATION TO SCHEDULE.
When an existing building or use, except residential, does not conform to parking requirements as set forth in this chapter, and where land is not available for parking on the same lot, the Planning and Design Commission may modify the location of parking facilities to permit such facilities on an adjoining lot under the same ownership or may modify the location of parking facilities to permit such facilities to be shared in an amount not to exceed fifty percent (50%) of the parking requirements in an adjoining Civic and Recreational District where the main use(s) normally has different hours of operation. Where there is a joint use of parking facilities on an adjoining lot under the same ownership or in an adjoining Civic and Recreational District, there shall be a written agreement covering such indefinite period of time as may be required by the Planning and Design Commission whereby the owner of the land on which the parking facilities are to be located shall be bound by a long term lease or by a covenant filed and recorded in the office of the County Recorder requiring such owner, his heirs, successors or assigns to maintain a required number of parking facilities for the duration of the use served as a condition precedent to the continuation of such use provided however that the joint use of such spaces shall not reduce the number exclusively provided for the use or uses on such adjoining lot to less than that required by this chapter and provided further that should any of the uses on such adjoining lot be changed so as to require additional parking spaces or the joint use of the facilities be discontinued, then the required spaces for the use or uses served by such facilities shall be provided on another adjoining lot under the same ownership as a condition precedent to the continued use of such building(s) or use(s). (Ord. 95-71. Passed 10-16-95.)
1137.14 SEPARATE OR COMBINED USE OF FACILITIES.
A building occupied by one use shall provide the off-street spaces as required for the specific use. A building, or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use. A large unit development of business uses, such as a regional shopping center or office building complex shall provide spaces for the total floor area of the building or buildings, instead of the requirements based on separate uses.
Whenever a group of adjoining stores and services have been developed and owned separately, the Planning and Design Commission may find it to be in the public interest to require the coordination of the circulation system, ingress and egress driveways and insulation from surrounding residential uses.
(Ord. 84-98. Passed 6-17-85.)
1137.15 ACCESSWAYS TO PARKING AREAS.
The location and width of entrance and exit driveways to parking facilities shall be planned as to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the adjacent streets.
(a) Whenever possible, the center line of the access driveways on the frontage streets shall be at least forty feet from the right-of-way line of the nearest intersecting street and be spaced not less than 120-foot intervals, measured from the center line of the driveways.
(b) Parking areas shall be designed so that vehicles can be driven forward into the street. Those of fifteen spaces or less shall have at least one single-lane driveway with a maximum of two single-lane or one two-lane driveway; those of sixteen spaces or more shall have at least two single-lane, or one two-lane driveway. Each entrance to, or exit from, a parking area of sixteen spaces or more shall be limited to two lanes.
(c) The widths of driveways, measured at the setback line, shall conform to the following schedule. At no point where adjoining a public sidewalk shall the maximum widths be exceeded.
Lanes | Minimum Feet | Maximum Feet |
One | 10 | 12 |
Two | 18 | 24 |
The angle of intersection between the driveway and street shall be between sixty degrees and ninety degrees. The radius at the edge from the apron shall be at least twelve feet, twenty feet recommended, so that a motor vehicle entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or in the curb lane of the street.
(Ord. 84-98. Passed 6-17-85.)
1137.16 SURFACE IMPROVEMENT OF PARKING AREAS.
(a) Proposed and existing parking areas and access driveways shall be improved with asphalt concrete or Portland cement concrete or other impervious surface and shall be so graded and drained into proper inlets so that all water is drained within the lot on which the parking area or driveway is located in such manner that water shall not drain across other public or private property.
(b) Parking areas shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this chapter, and shall be improved, except at entrances and exits with guard rails, curbs or other devices to define parking spaces or limits of paved areas, so as to prevent encroachment of vehicles into adjacent areas or public ways, yards or setbacks required by the Zoning Code, and so as to regulate the flow of traffic within the lot.
(Ord. 84-98. Passed 6-17-85.)
(c) The Planning and Design Commission may require landscape buffering or landscape screening to be provided on the parking area property to insulate the parking areas and driveways from a side or rear lot line of other property in Residential Districts or any other Zoning District with an existing residence thereon. Landscape buffering may include, but shall not be limited to, evergreen trees and bushes, compact hedges, shrubs, earth berms or a combination thereof. Landscape screening shall include plant material or other nonliving durable material, including, but not limited to, walls, berms or substantially solid decorative wood fencing. Where trees and shrubs are used to provide a landscape buffer, such shall provide a year-round state of being substantially impervious to rays of light. It shall be acceptable to incorporate fencing as part of the landscape buffer where noise and lights create a need that such landscape buffer include fencing. Fencing may also be used to provide landscape screening. Whenever used, fences shall be of a decorative style and type. Walls and berms shall be used only in the most unusual cases.
The desired buffering or screening effect shall be achieved not later than twelve months after the initial installation. The Planning and Design Commission may extend this twelve month period of time when a hardship would be created because of expected growth or material shortages, but such extension shall not be for more than two years from the time the initial installation was to have been or has been installed. All buffering and screening requirements imposed under the provisions of this subsection shall be installed and constructed before a certificate of occupancy is issued for a new building or structure. No existing building, structure or vehicular use area adjoining a Residential District or any other Zoning District with an existing residence thereon shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning and Design Commission for its determination as to whether the change adversely affects any properties in a Residential District or any other Zoning District with an existing residence thereon. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or the installation of landscape screening, or a revision of a previously established buffered area or screening. The width and height of the landscape buffer or landscape screening shall be determined by the Planning and Design Commission provided, however, that the maximum height of fencing, whether incorporated as part of the landscape buffer or whether used as a landscape screen, which may be permitted shall be seven feet above finished grade. The owner, tenant or developer shall be responsible for the maintenance and replacement, if necessary, of the landscape buffer or landscape screening.
Owners or developers of off-street parking areas shall be required to include a plan for buffering or screening the parking areas and driveways, including a detailed description and sketch of the landscape buffer or landscape screening which visually and verbally outlines the nature and the effect of the proposed landscape buffer or landscape screening. A certificate of occupancy shall not be granted until the buffering or screening requirements have been completed. If completion, in the case of living materials, is delayed because of the growing season, a temporary permit to occupy may be granted by the Building Commissioner. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(Ord. 95-71. Passed 10-16-95.)
(d) In order to carry out the objectives of this Zoning Code and to preserve the use and enjoyment of adjoining property not less than five percent (5%) of an off-street parking area of a lot with twenty or more off-street accessory parking spaces shall have landscaping islands to break up the expanse of pavement. Each landscaping island shall not be less in size than the required area of one off-street parking space, shall be interspersed throughout the entire off-street parking area and shall have trees and such other landscaping as may be required by the Planning and Design Commission. Areas of landscaping surrounded by at least three sides by accessory off-street parking areas or accessories to parking areas may be considered a landscaped island.
(Ord. 98-38. Passed 7-6-98.)
1137.17 OFF-STREET LOADING SPACE.
Accessory loading and unloading facilities shall be provided as a condition precedent to occupancy of all general business hereafter erected, or altered to such use, and shall be maintained as long as the building is occupied by such uses.
(a) Allocation of Use. Space required and allocated for any off-street loading facility shall not, while so allocated be used to satisfy the space requirements for off-street parking. An off-street loading space shall not be used for repairing or servicing of motor vehicles.
(b) Location of Facility. All required accessory loading facilities shall be related to the building and use served to provide for loading and off-loading of delivery and other service vehicles and shall be so arranged that they may be used without blocking or otherwise interfering with the use of access ways, parking facilities, public streets or sidewalks. Such facilities shall be located not less than forty-five feet from the front property line when facing the main street nor shall such facilities be located in a required rear or side yards.
(c) Access Driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway or driveways, to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation. The driveway shall be located so that the driveway center line shall be not less than forty feet from the nearest intersecting street right-of-way.
(d) Improvements. All accessory off-street loading spaces shall be improved as required for parking areas.
(e) Minimum Size Criteria. A required off-street loading space shall be at least twelve feet wide by at least thirty feet in length. This area shall be exclusive of maneuvering space, and each loading facility shall have a vertical clearance of at least fourteen feet.
(f) At least one off-street loading space shall be provided for each building devoted to general business or storage having a gross floor area of 15,000 to 30,000 square feet and one additional space shall be provided for each additional 40,000 square feet or fraction thereof.
(Ord. 84-98. Passed 6-17-85.)
1137.18 APPROVAL OF PARKING FACILITIES.
Detailed drawings of off-street parking (and/or loading) facilities shall be submitted to the Planning and Design Commission for review and approval in accordance with all the provisions of this chapter before a building permit or certificate of occupancy may be issued. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features as set forth in this chapter.
(Ord. 84-98. Passed 6-17-85.)
(Ord. 84-98. Passed 6-17-85.)
1137.19 ILLUMINATION OF ACCESSORY PARKING FACILITIES.
Areas used to provide required off-street parking, and accessways thereto, shall be illuminated whenever deemed necessary by the Planning and Design Commission to protect the public safety. The illumination of parking areas in business districts shall be reduced in intensity after the close of business of the main use or uses. Lighting fixtures shall be so designed and located so as not to reflect direct rays of light upon adjoining residential properties and streets or cause a glare hazardous to pedestrians or drivers of motor vehicles on adjacent public streets, and shall be subject to the approval of the Commission.
(Ord. 84-98. Passed 6-17-85.)
1137.20 SURVEY AND APPROVAL OF CITY ENGINEER REQUIRED.
The City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed building or use set forth in the application for a building permit and shall forward his approval to the Building Commissioner prior to the issuance of a building permit.
(Ord. 95-71. Passed 10-16-95.)
1137.21 APPLICATION AND DESIGN OF PARKING AREAS.
(a) Application for Providing Facilities. An application for a building permit pertaining to constructing a building or parking facility or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in accordance with the space requirement schedules that are a part of this Zoning Code.
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement standards in Section 1137.11
, the standards for designing parking areas in subsection (c) hereof, the schedule of accessory parking requirements for the various uses in Section 1137.12
and any other applicable provisions of this Zoning Code.
The Planning and Design Commission may modify the parking requirements of Section 1137.12 under such terms and conditions as it determines will protect the public interest where it finds based upon the factual evidence presented that due to the nature of the particular use such requirements will not be adequate to provide sufficient parking or where the strict application of the requirements will result in an excessive amount of parking related to the particular use.
(Ord. 95-71. Passed 10-16-95.)
(c) Design Standards. The plan of the parking spaces of a parking area included with an application to construct a building or parking area, or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with such standards for designing as may be adopted by the Planning and Design Commission. Design standards for enclosed parking areas and garages, shall be in accordance with other provisions of the Zoning Code.
(d) Handicapped parking spaces shall be provided in accordance with the provisions of the Ohio Basic Building Code.
(Ord. 84-98. Passed 6-17-85.)
(Ord. 84-98. Passed 6-17-85.)
1137.22 REQUIRED TRASH AREAS.
All general business uses that provide trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height if such area is not with an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning and Design Commission shall be required.
(Ord. 84-98. Passed 6-17-85.)
1137.23 DEPOSIT FOR SURVEY OF PUBLIC SANITARY AND STORM SEWERS.
A deposit by the applicant for a building permit shall be made with the Finance Director in the amount of one hundred fifty dollars ($150.00) to cover the cost and expense of such survey of public sanitary and storm sewers. The cost and expense of such survey shall be paid by the City from such deposit.
(Ord. 85-65. Passed 9-3-85.)
1139.01 DEFINITION.
1139.02 PURPOSE.
A Senior Citizen Housing District and regulations therefor is established in order to achieve among others, the following purposes:
(a) To provide appropriate sites for the development of dwelling facilities for elderly persons in locations convenient to and within safe walking distance to the community's social and recreational facilities, convenient to shops and public transportation; and
(b) To provide in such development dining, recreational and social facilities for the comfort and convenience of the occupants; and
(c) To regulate the density of population within such districts, so as to provide ample outdoor livable space, to retain a sense of personal identity, intimacy and human scale within the development; and
(d) To regulate the bulk, height and spacing of buildings within the development in order to obtain proper light, air, privacy and open space for passive recreation and landscaped amenities; and
(e) To enable elderly persons to obtain suitable, safe, sanitary and decent housing designed to meet their special needs; and
(f) To protect adjacent residential properties by requiring adequate yards and screening and to protect and insulate the development from surrounding incompatible uses.
(Ord. 81-19. Passed 5-4-81.)
1139.03 PERMITTED USES.
(a) Main Uses.
(1) Dwelling facilities erected and maintained in accordance with this chapter.
(2) Recreational facilities, hobby and craft rooms.
(3) Social and dining facilities, assembly and semi-private rooms.
(4) Administrative offices.
(5) A multi-purpose senior center when not ancillary to dwelling facilities erected and maintained in accordance with this chapter.
(Ord. 81-19. Passed 5-4-81.)
(b) Accessory Uses.
(1) Snack bars and food-and-beverage services.
(2) Service and maintenance buildings.
(3) Valet and laundry service.
(4) Off-street parking and garages as regulated in this chapter.
(5) Storage facilities, for housekeeping functions and storage of occupants' possessions.
(6) Private garden and outdoor recreation facilities.
(7) Direct broadcast satellite receiving stations, and other telecommunications structures as set forth in Section 1139.14
(a).
(Ord. 95-72. Passed 10-16-95.)
(c) Required Ancillary Facilities. Each Senior Citizen Housing Development containing dwelling units shall also contain the following ancillary facilities, which shall be incidental to the main use, shall be planned and developed integrally with the main building(s) in accordance with this chapter and which have no injurious effect on adjoining uses:
(1) A multi-purpose senior center which shall be available for use to all residents of the City who are sixty years of age or older, except where legal requirements specify other age limits. Services provided by the center should include but are not limited to the following:
A. Preventative medical services, diagnostic and treatment services and counseling on health matters, which are provided by a licensed physician, by a registered nurse or other qualified health professionals;
B. A program to locate full or part-time employment;
C. Information and counseling by professionals or other persons specially trained or qualified on personal matters including income, health, housing, transportation and social relationships;
D. A listing of services available in the community or county for elderly persons;
E. Legal advice and assistance by an attorney or legal assistant acting under the supervision of an attorney; and
F. Passive and active recreation, social activities and educational activities.
(2) All safety and convenience features required by this chapter.
(Ord. 81-19. Passed 5-4-81.)
1139.04 ACCESSORY USES.
Food-and-beverage services, snack bars and valet-and-laundry services, and the facilities associated with such services shall be permitted, provided that:
(a) Such use is limited to the confines of the building;
(b) No part of such accessory use or the entrance thereto shall be adjacent to or within 100 feet of a public sidewalk, street or a residential one-and two-family district; and
(c) No sign or display indicating the existence of such accessory use shall be visible from outside the building.
(Ord. 81-19. Passed 5-4-81.)
1139.05 TEMPORARY USES.
Temporary offices, storage and other structures of contractors or builders are permitted subject at the regulations of Section 1121.05.
(Ord. 81-19. Passed 5-4-81.)
1139.06 REMOVAL OF SOIL.
Soil, sand or gravel shall not be stripped or removed in Senior Citizen Housing Districts, except excess soil or gravel resulting from excavations or grading in connection with the construction or alteration of a building for which a building permit has been issued.
(Ord. 81-19. Passed 5-4-81.)
1139.07 ACCESS TO LESS RESTRICTIVE AREAS.
Driveways, walks or other accessways to any use which is not permitted in the Senior Citizen Housing District shall be prohibited.
(Ord. 81-19. Passed 5-4-81. )
1139.08 OPEN STORAGE PROHIBITED.
All equipment and supplies shall be stored in an enclosed structure at all times.
(Ord. 81-19. Passed 5-4-81.)
1139.09 LOT AREA AND WIDTH REGULATIONS.
A lot in a Senior Citizen Housing District shall have a minimum lot area of two acres and shall have a minimum lot frontage at the building line of not less than 150 feet. The lot area shall not be less than 2,200 square feet for each dwelling unit.
(Ord. 84-40. Passed 11-18-85.)
1139.10 SCHEDULE OF YARD REGULATIONS.
(a) Intent. The yards of buildings shall be related to the plan of the dwelling units within the buildings as well as the yards. Buildings shall be arranged so as to assure privacy between adjacent buildings and intersecting wings of buildings, from streets, parking areas and recreation areas, and to provide insulation from adjacent nonresidential buildings. To accomplish these purposes and objectives, the following criteria are to be applied.
(b) Definitions. The following definitions shall apply to the terms used in this section:
(1) "Main wall" means any exterior wall containing the principal windows of a living, dining or sleeping room or rooms.
(2) "Secondary wall" means any exterior wall, other than a main wall, containing minor windows of a living, dining or sleeping room, or principal or minor windows of kitchens or bathrooms.
(3) "D" means the minimum required horizontal distance between any wall of one building and the nearest wall of another building or between any building and any lot line.
(4) “L1" means the total length of building "1" which shall be the length of the portion or portions of any wall or walls of building "1" from which lines drawn perpendicular shall intersect any wall of building "2".
(5) “L2" means the total length of building "2" which shall be the length of the portion or portions of any wall or walls of building "2" from which lines drawn perpendicular shall intersect any wall of building "1".
(6) “H1" means the height of building "1".
(7) “H2" means the height of building "2".
(8) "PL" means the length of the side or rear property line formed by perpendicular lines drawn from the property line intersecting a wall or walls of a building.
(c) Formulae for Determining Minimum Yards. The following formulae shall be used in determining the minimum required yards for the design, construction, alteration, moving or maintaining of buildings in a Senior Citizen Housing District.
(1) Where a building wall is opposite another building wall, the minimum distance between the two shall be determined by the following formulae:
D = L1 + L2 + 2(H1 + H2)
5
but in no case shall the minimum distance be less than twenty feet.
(2) Where a building wall is opposite a side or rear lot line of a lot in any district, the minimum distance between such wall and the side or rear lot line shall be determined by using the following formulae:
D = PL + 2H
4
but in no case shall the minimum distance between the building and the property line be less than twenty feet.
(3) Where lines drawn perpendicular from a building do not intersect the walls of the adjacent building, the minimum distance between the two buildings shall be determined by using the formulae:
D = 2(H1 + H2)
5
(4) The front yard (set back) for all buildings shall be not less than fifty feet from the front lot line to the nearest exterior wall of the building.
(d) Yards for Accessory Buildings and Uses. Yards for accessory buildings and uses in a Senior Citizen Housing District shall be not less than that set forth in the following schedule:
SIDE AND REAR YARDS
Minimum Distance (ft. )
From Building | From Lot Line | ||||
Accessory Bldg. or Use | Main Wall | Sec. Wall | Adj. to 1-2 Family District | Adj. to Multi-Family District | Adj. to Other District |
Storage Garage | 30 | 15 | 15 | 10 | 0 |
Parking Area, Drive* | 30 | 10 | 10 | 5 | 0 |
Walk | 15 | 10 | 5 | 3 | 0 |
Recreation Area | 40 | 25 | 40 | 20 | 10 |
*A drive may be located not less than ten feet from a building in the vicinity of an entrance to a building.
(Ord. 81-19. Passed 5-4-81.)
1139.11 YARD REGULATIONS; GENERALLY.
(a) The required yards shall not be separated in ownership from that portion of the lot upon which a building is located, and no part shall be considered as providing a yard for any other building on the same or adjacent lot. A required yard shall not be reduced to less than the required dimensions. Every required yard shall be open and unobstructed from the ground upward except for accessory buildings as provided in Section 1139.10 and permitted projections as provided in Section 1139.12.
(Ord. 81-19. Passed 5-4-81.)
(b) The required yards shall be landscaped in a manner approved by the Planning and Design Commission, and may be used for pedestrian walks, recreation areas and parking areas except as provided in Section 1139.19.
(Ord. 95-72. Passed 10-16-95.)
1139.12 PROJECTIONS INTO YARDS.
Projections within the required front, side or rear yards are permitted subject to the regulations set forth in Section 1117.16.
(Ord. 81-19. Passed 5-4-81. )
1139.13 MAXIMUM LAND COVERAGE.
(a) The maximum area of a parcel to be occupied by main buildings and accessory buildings shall not exceed twenty percent (20%) of the gross land area. The area of any building shall be computed from the perimeter of the first floor exclusive of overhangs.
(b) The minimum outdoor liveable area minus ground area of buildings, driveways and parking areas, shall not be less than thirty-five percent (35%) of the gross land area.
(Ord. 81-19. Passed 5-4-81.)
1139.14 HEIGHT REGULATIONS.
(a) The height of any main building in a Senior Citizen Housing District shall not exceed eighty feet. In a Senior Citizen Housing District, stacks, water tanks, elevator penthouses, bulkheads, skylights, ventilators, air conditioning and temperature control equipment, other mechanical appurtenances relating to the operation of the main or accessory building itself and penthouse enclosures for mechanical appurtenances erected upon or constituted as an integral part of the main or accessory building itself and not used for human occupancy may be erected to a height not to exceed fifteen feet above the finished roof line of the building. Wireless, broadcasting, receiving and transmitting tower, radio and television antennae (except as provided in subsection (d) hereof), chimneys, flag poles and other like structures may be erected above the height limit specified in this subsection subject to the following constraints:
(1) The height from the base of such structure, or the uppermost point at which the structure is attached to the main or accessory building, to the top of the structure shall not be greater than the horizontal distance from the base of such structure to the nearest adjoining property line.
(2) A variance by the Board of Zoning and Building Appeals shall be required for any such structure over thirty-five feet in height if detached from or not attached to the main building, or over fifteen feet in height above the uppermost point of attachment to the main building.
No wireless, broadcasting, receiving and transmitting tower and no radio or television antennae shall be erected in a front yard. Any wireless, broadcasting, receiving and transmitting tower and any radio or television antennae may be erected in a side yard or in a rear yard only in accordance with the provisions of this section.
Wireless, broadcasting, receiving and transmitting towers, radio and television antennae, chimneys, flag poles and other like structures shall be designed and constructed to withstand windloads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
When developed as a main use and not an ancillary facility, a multi-purpose center shall not exceed thirty-five feet in height.
(Ord. 93-7. Passed 5-3-93.)
(Ord. 93-7. Passed 5-3-93.)
(b) In determining the appropriate height for a main residential building, the Planning and Design Commission shall consider:
(1) The height of adjacent buildings, if any;
(2) The maximum building height permitted in adjacent districts;
(3) The land use of adjoining properties;
(4) The size of the development site; and
(5) The desirability of concentration of senior housing units in the particular area. (Ord. 84-41. Passed 11-18-85.)
(c) The height of accessory buildings shall not exceed fourteen feet above finished grade.
(d) A direct broadcast satellite receiving station may be placed on the roof of a main or accessory building provided all of the following conditions are satisfied:
(1) The receiving station is not linked or otherwise connected to receivers which are not located within the same premises as the antenna;
(2) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(3) The satellite receiving dish shall not exceed nine feet in dimension;
(4) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations, including calculations certifying to the capability of the roof to support the dish and the base, and details for the installation shall be furnished to the Division of Building;
(5) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(6) The dish shall not be placed closer than twenty feet from any roof edge;
(7) Only one such station shall be permitted at any one time on the same building;
(8) No lettering, numerals, symbols, pictorial signs or designs exceeding one-half inch in any dimension shall be permitted on any surface.
(Ord. 95-72. Passed 10-16-95.)
1139.15 DWELLING UNIT AREA REQUIREMENTS.
(a) Definitions.
(1) The term "dwelling unit area" as used in this section means the sum of the gross floor area above the basement level measured from the interior face of the enclosing walls and from the center line of party walls, where applicable, used by the occupants as and for their kitchen, dining room, bedroom, living room, including clothes closets and other similar uses having a minimum ceiling height and the natural light and ventilation as required by the Building Code, which is in contrast to such portion as is used for a utility or furnace room, garages, porches, public areas and halls, storage rooms or similar use which shall be excluded.
(2) The term "studio efficiency" as used in this section means a dwelling unit in which the living-dining area and the sleeping facilities are all located within one room.
(b) Minimum Required. Except as otherwise provided by any statute, code, law, rule or regulation specifically applicable to the development project:
(1) One bedroom units shall have a minimum dwelling unit area of not less than 540 square feet.
(2) Two bedroom units shall have a minimum dwelling unit area of not less than 800 square feet.
(3) A studio efficiency shall have a minimum dwelling unit area of not less than 415 square feet.
(c) The number of studio efficiencies shall be approved by the Planning Commission but in no event shall the number exceed twenty-five percent (25%) of the total number of units to be erected. Ten percent (10%) of the individual dwelling units shall be designed to be handicapped accessible.
(d) In addition to the minimum dwelling unit area requirements, there shall be at least sixty square feet of general storage space, having a height of at least six feet, provided for each dwelling unit. (Ord. 84-42. Passed 12-16-85.)
1139.16 SIGNS.
Signs in a Senior Citizen Housing District are permitted as regulated by Chapter 1145 Signs. (Ord. 81-19. Passed 5-4-81.)
1139.17 YARD STRUCTURES AND LANDSCAPE FEATURES.
(Ord. 89-43. Passed 12-4-89.)
(b) Yard structures and landscape features shall otherwise be permitted in a Senior Citizen Housing District as permitted and as required by Section 1139.19 and Section 1149.05 provided that any wall or any fencing whether incorporated as part of a landscape buffer or whether used as a landscape screen along the side lot line of the front yard of an adjacent Residential District shall not be constructed, erected or installed closer than twenty feet from the right-of-way line. Except as otherwise specifically permitted or as specifically required by the provisions of this chapter, trees and shrubs, yard structures and other landscape features shall not be constructed, erected or installed closer than twenty feet from the right-of-way line.
(Ord. 95-72. Passed 10-16-95.)
1139.18 ILLUMINATION.
Illumination of all exterior public areas shall be provided in the manner required by the Building Code to protect the public safety. All illumination shall be so designed and shielded so as not to shine, glare, reflect or be directed into or towards any premises used for residential purposes, toward public streets or on occupants of the building, and shall be approved by the Planning and Design Commission.
(Ord. 81-19. Passed 5-4-81.)
1139.19 GARAGE AND OFF-STREET PARKING.
(a) Standards and Definitions. The following standards and definitions shall be used to determine accessory off-street parking requirements.
(1) "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle, and shall have a minimum rectangular dimension of not less than nine feet in width and eighteen feet in length for ninety degree parking; nine feet in width and twenty two feet in length for parallel parking; ten feet in width and eighteen feet in length for sixty degree parking and twelve feet in width and eighteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.
(2) "Employees" wherever the parking requirement is based on employees, means the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.
(3) Required minimum parking spaces. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
(b) Minimum Required. Off-street parking spaces may either be provided in an enclosed garage or in an open lot and, except as otherwise provided by any statute, code, law, rule or regulation specifically applicable to the development project, shall be provided in accordance with the following schedule:
(1) One parking space for each dwelling unit, plus one parking space for each person employed at the development.
(2) When a multi-purpose senior center is developed as a main use rather than as an ancillary facility, the number of off-street parking spaces shall be provided in accordance with Section 1137.12
(a).
(c) Location of Off-Street Parking Facilities. Off-street parking shall be provided for the entire building or use on the same lot or under an adjoining lot under the same ownership whenever a building is constructed or new use established or whenever an existing building is altered, resulting in an increase of the number of dwelling units, seating capacity or other measurement criteria. Accessory parking facilities shall not be permitted in required front yards. Driveways shall not be used for permanent overnight parking within required front yards.
(d) Separate or Combined Use of Facilities. A building containing one use shall provide the required off-street parking spaces as required for the specific use. A building or group of buildings, containing two or more uses which have different off-street parking requirements shall provide parking spaces for not less than the sum required for each use.
(e) Accessways to Parking Areas. The location and width of entrance and exit driveways to parking facilities shall be planned as to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the adjacent streets. Whenever possible, the center line of the access driveways on the frontage streets shall be at least forty feet from the right-of-way line of the nearest intersecting street and spaced at not less than 120 foot intervals, measured from the center line of the driveways.
Parking areas shall be designed so that vehicles may be driven forward into the street. Those of fifteen spaces or less shall have at least one single-lane driveway with a maximum of two single-lane or one two-lane driveway; those parking areas of sixteen spaces or more shall have two single lane driveways or one two-lane driveway; and each accessway shall be limited to two lanes.
The width of such entrances and exits, measured at the setback line, shall conform to the following schedule:
Lanes | Minimum Feet | Maximum Feet |
One | 10 | 12 |
Two | 18 | 24 |
The angle of intersection between the driveway and the street shall be between sixty degrees and ninety degrees. The radius at the edge from the apron shall be at least twelve feet, twenty feet recommended, so that a motor vehicle entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or in the curb lane of the street.
(f) Improvements to Parking Areas.
(1) Proposed and existing parking areas and access driveways shall be improved with asphalt concrete or Portland cement concrete or other impervious surface and shall be so graded and drained into proper inlets so that all water is drained within the lot on which the parking area or driveway, is located in such manner that water shall not drain across other public or private property.
(2) Parking areas shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this chapter, and shall be improved, except at entrances and exits with guardrails, curbs or other devices to define parking spaces or limits of paved areas, so as to prevent encroachment of vehicles into adjacent areas or public ways, yards or setbacks required by the Zoning Code, and so as to regulate the flow of traffic within the lot.
(Ord. 84-99. Passed 12-16-85.)
(3) The Planning and Design Commission may require landscape buffering or landscape screening to be provided on the parking area property to insulate the parking areas and driveways from a side or rear lot line of other property in Residential Districts or any other Zoning District with an existing residence thereon. Landscape buffering may include, but shall not be limited to, evergreen trees and bushes, compact hedges, shrubs, earth berms or a combination thereof. Landscape screening shall include plant materials or other nonliving durable material, including, but not limited to, walls, berms or substantially solid decorative wood fencing. Where trees and shrubs are used to provide a landscape buffer, such shall provide a year-round state of being substantially impervious to rays of light. It shall be acceptable to incorporate fencing as part of the landscape buffer where noise and lights create a need that such landscape buffer include fencing. Fencing may also be used to provide landscape screening. Whenever used, fences shall be of a decorative style and type. Walls and berms shall be used only in the most unusual cases. The desired buffering or screening effect shall be achieved not later than twelve months after the initial installation. The Planning and Design Commission may extend this twelve month period of time when a hardship would be created because of expected growth or material shortages, but such extension shall not be for more than two years from the time the initial installation was to have been or has been installed. All buffering and screening requirements imposed under the provisions of this subsection shall be installed and constructed before a certificate of occupancy is issued for a new building or structure.
No existing building, structure or vehicular use area adjoining a Residential District or any other Zoning District with an existing residence thereon shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning and Design Commission for its determination as to whether the change adversely affects any properties in a Residential District or any other Zoning District with an existing residence thereon. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or the installation of landscape screening, or a revision of a previously established buffered area or screening. The width and height of the landscape buffer or landscape screening shall be determined by the Planning and Design Commission provided, however, that the maximum height of fencing, whether incorporated as part of the landscape buffer or whether used as a landscape screen, which may be permitted shall be seven feet above finished grade. The owner, tenant and developer shall be responsible for the maintenance and replacement, if necessary, of the landscape buffer or landscape screening. Owners or developers of off-street parking areas shall be required to include a plan for buffering or screening the parking areas and driveways, including a detailed description and sketch of the landscape buffer or landscape screening which visually and verbally outlines the nature and the effect of the proposed landscape buffer or landscape screening. A certificate of occupancy shall not be granted until the buffering or screening requirements have been completed. If completion, in the case of living materials, is delayed because of the growing season, a temporary permit to occupy may be granted by the Building Commissioner. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(Ord. 95-72. Passed 10-16-95.)
(4) In order to carry out the objectives of this Zoning Code and to preserve the use and enjoyment of adjoining property not less than five percent (5%) of an off-street parking area of a lot with twenty or more off-street accessory parking spaces shall have landscaping islands to break up the expanse of pavement. Each landscaping island shall not be less in size than the required area of one off-street parking space, shall be interspersed throughout the entire off-street parking area and shall have trees and such other landscaping as may be required by the Planning and Design Commission. Areas of landscaping surrounded by at least three sides by accessory off-street parking areas or accessories to parking areas may be considered a landscaped island. (Ord. 98-38. Passed 7-6-98.)
(g) Approval of Parking Plans. Detailed drawings of off-street parking facilities shall be submitted to the Planning and Design Commission for review and approval in accordance with all the provisions of this chapter before a building permit or certificate of occupancy may be issued. Such drawings shall show the number of spaces and locations, dimensions and descriptions of all features as set forth in this chapter.
(h) Required off-street parking facilities, including access driveways, accessory to an existing use, and those required as accessory to a use created or a building constructed or altered hereafter, shall be continued and maintained in operation, and shall not be reduced below the requirements during the period that the main use is maintained. In the event any such senior citizen development should cease to be occupied by at least seventy-five percent (75%) of persons sixty-two years of age or older, the off-street parking requirements would be at the rate of two spaces per dwelling unit. Failure by the owner or owners to supply such off-street parking shall cause the Building Commissioner to revoke the occupancy of a sufficient number of the dwelling units or seating capacity in order to bring the facility into conformity with parking requirements. Accessory off-street parking facilities shall not be used for the rebuilding, overhauling or dismantling of any vehicle as defined in Section 301.51 or for the storage of motor or body parts. Accessory off-street parking facilities may be used for minor repair services on passenger vehicles of an occupant or tenant only. Permitted minor repair services shall be completed within forty-eight hours; otherwise such repairs shall be performed within a permitted building.
(i) Areas used to provide required off-street parking, and accessways thereto, shall be illuminated whenever deemed necessary by the Planning and Design Commission to protect the public safety. Lighting fixtures shall be so designed and located so as not to reflect direct rays of light upon adjoining residential properties, occupants of the buildings and streets or cause a glare hazardous to pedestrians or drivers of motor vehicles on adjacent public streets, and shall be subject to the approval of the Commission.
(Ord. 84-99. Passed 12-16-85.)
1139.20 SEWER SURVEY AND APPROVAL OF CITY ENGINEER REQUIRED.
The City Engineer shall make a survey of the public sanitary and storm sewer to be affected by the proposed building or use set forth in the application for a building permit and shall forward his approval to the Building Commission prior to the issuance of a building permit.
(Ord. 95-72. Passed 10-16-95.)
1139.21 DEVELOPMENT PLANS CRITERIA.
(a) A senior citizen housing development should be designed specially for this purpose, incorporating all necessary safety and convenience features. In general, the site amenities provided should be more attractive than for multi-family projects since the elderly spend nearly all their time on the site. The yards and passive recreation areas should be extensive in quantity and fully landscaped. There should be a composition of small, intimate, private yard and court areas for a variety of passive activities.
(b) Safety shall be emphasized both in scope and design. In addition to the requirements of the Building Code, each development shall be fully sprinklered and each building shall be provided with wet standpipes having a diameter of six inches. Each building shall have an unencumbered access to a public right of way. Vehicular circulation drives shall only be at the perimeter of the project; subject to the requirements of Section 1139.10, parking areas may penetrate into the perimeter of the site. Abrupt grades shall be avoided, all changes in grades in the walk system shall be accomplished by ramps; there shall be not more than two exterior steps to any building used by occupants. All buildings, two or more stories measured from the main entrance, shall be served by at least two elevators, the minimum size being five feet by seven feet each and equipped with heat-sensing devices.
(c) Electric and telephone service wires shall be underground between point of service and the building. Each building shall have a public easement for underground improvements such as sewer and water.
(d) When developed as an ancillary use, the multi-purpose senior center shall be centrally located within the development.
(Ord. 81-19. Passed 5-4-81.)
(e) When required side and rear yards border a one- and two-family residential district or any other zoning district with an existing residence thereon, a landscape buffer shall be provided and maintained in a manner approved by the Planning and Design Commission.
(Ord. 95-72. Passed 10-16-95.)
1139.22 DEPOSIT FOR SURVEY OF PUBLIC SANITARY AND STORM SEWERS.
A deposit by the applicant for a building permit shall be made with the Finance Director in the amount of one hundred fifty dollars ($150.00) to cover the cost and expense of such survey of public sanitary and storm sewers. The cost and expense of such survey shall be paid by the City from such deposit. (Ord. 85-65. Passed 9-3-85.)
1139.23 APPLICATION AND DESIGN OF PARKING AREAS.
(a) Application for Providing Facilities. An application for a building permit pertaining to constructing a building or parking facility or for a certificate of occupancy for a change in use of land or a building shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area to be provided in accordance with the space requirement schedules that are a part of this Zoning Code.
(b) Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurements standards in Section 1139.19
, the standards for designing parking areas in subsection (c) hereof, the schedule of accessory parking requirements for the various uses in Section 1139.19
and any other applicable provisions of this Zoning Code.
(c) Design Standards. The plan of the parking spaces of a parking area, included with an application to construct a building or parking area, or change in use, shall be designed, dimensioned and the number of spaces determined in accordance with the standards for designing parking areas as may be adopted by the Planning and Design Commission. Design standards for enclosed parking areas and garages, shall be in accordance with other provisions of the Code. (Ord. 84-99. Passed 12-16-85.)
1139.24 REQUIRED TRASH AREAS.
All senior citizen housing residential uses that provide trash and/or garbage collection areas shall be enclosed on at least three sides by a solid wall or fence of at least four feet in height if such area is not within an enclosed building or structure. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage as determined by the Planning and Design Commission shall be required.
(Ord. 84-99. Passed 12-16-85.)
1141.01 NONCONFORMING BUILDINGS.
A building or other structure, existing lawfully at the time this Zoning Code became effective, but which does not now conform by reason of such adoption or amendment to the lot area, dwelling area, yard regulations, building height or off-street parking regulations, or as to design, not designed for the use, or other regulations of the district in which it is located, may be continued only under the following conditions:
(a) Maintenance and Repair. A nonconforming building may continue to be used, maintained and normal repairs may be made. Normal repairs include the ordinary maintenance of a building or structure and the replacement of equipment which is required for safety of operation and the replacement or substitution of equipment. Normal repairs do not include the replacement of structural parts except when required by law to restore the building or structure to a safe condition or to make the building or structure conforming.
(b) Additions. A nonconforming building may be added to or enlarged, provided the whole building as well as the additions or enlargements are made to conform to all of the regulations of the district in which it is located.
(c) Moving. A nonconforming building may be moved in whole or in part to any other location on the lot or to another lot, provided every portion of such building so moved conforms to all of the regulations applicable to the lot on which it is located or to which it is to be relocated.
(d) Restoration of Damaged Buildings. If a nonconforming building is damaged, destroyed or removed by whatever cause, including acts of God, up to the extent of fifty percent (50%) of its reproduction value those portions so destroyed, damaged or removed may be restored to not more than their former size, provided such restoration is completed within a period of one year from the date of the damage, destruction or removal; and the nonconforming use existing prior to damage, destruction or removal may be continued.
If a nonconforming building is damaged, destroyed or removed by whatever cause, including acts of God, more than fifty percent (50%) of its reproduction value, it may only be repaired, reconstructed, restored or rebuilt in conforming with all use, area, yard, height, off-street parking, design and all other regulations of the district in which the building is located.
(e) Any accessory building or structure incident to or accessory to a nonconforming building shall be subject to the provisions of this section.
(Ord. 91-38. Passed 8-19-91.)
1141.02 NONCONFORMING USE OF BUILDINGS.
The nonconforming use of a building which was lawful prior to the adoption of this Zoning Code, but which does not conform by reason of such adoption or amendment as to use regulations, dimensions, area, yard, height, percent of lot coverage, or as to design or other regulations of the district in which it is located may be continued only under the following conditions:
(a) Change of Use. The nonconforming use of a building, or any part thereof, may only be changed to a conforming use. If the use of a nonconforming building, or any part thereof, is changed to a conforming use, thereafter it shall not be changed back to the former or any other nonconforming use.
(b) Nonexpansion of Use. A nonconforming use of a building, or any part thereof, shall not be expanded or extended.
(c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year or changed to a conforming use, any future use of such building, or portion thereof, so discontinued or changed, shall be in conformity with the district regulations in which the building is located.
(Ord. 91-38. Passed 8-19-91.)
1141.03 NONCONFORMING USE DUE TO RECLASSIFICATION.
The provisions of this chapter shall also apply to buildings, structures, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this Zoning Code.
(Ord. 91-38. Passed 8-19-91.)
1141.04 TERMINATION AND REVERSION.
(EDITOR'S NOTE: This section was repealed by Ordinance 93-24, passed June 7, 1993.)
1141.05 NONCONFORMING USE OF LAND.
"Nonconforming use of land" means any parcel of land nonconforming as to use, existing lawfully at the time this Zoning Code or any amendment thereto became effective but which does not conform with the use and/or other regulations of the district in which it is located. Any nonconforming use of land may be continued only under the following conditions:
(a) Change of Use. The nonconforming use of land shall not be changed except to any other use which complies with this Zoning Code.
(b) Expansion of Use. The use of a lot or any part thereof, nonconforming as to use, shall not be expanded or extended.
(c) Discontinuance of Use. If any lot or part thereof, nonconforming as to use is discontinued for a continuous period of one year, any future use of such lot or part thereof, shall comply with the use regulations of this Zoning Code.
(Ord. 91-38. Passed 8-19-91.)
1141.06 CHANGES, ADDITIONS OR IMPROVEMENTS.
(a) Notwithstanding the other provisions of this chapter with the exception of Section 1141.02(c) and Section 1141.05(c) and notwithstanding Section 1153.01(c), the Board of Zoning and Building Appeals may permit an existing nonconforming building or an existing nonconforming use of building to be structurally altered, rebuilt, expanded or enlarged provided the Board first determines that the general standards as set forth in Section 1153.06 do exist and provided that the Board further determines that the proposed changes, additions and/or improvements shall upgrade the existing nonconforming building or existing nonconforming use of building and, further, make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent and abutting uses.
(b) The provisions of this section shall apply only to the following types of changes, additions or improvements:
(1) Enlargements of a nonconforming structure or of a structure housing a nonconforming use by an addition attached physically to the original structure to form an integral part thereof;
(2) Construction of a new separate main use building that is a replacement for the existing nonconformity;
(3) Construction of a new separate use building that would be a replacement for an existing nonconformity and that would be a permitted accessory use in and/or for the existing nonconformity;
(4) Moving the nonconforming use from one existing building to another existing building located on the same zoning lot.
(c) The provisions of this section, however, shall not be construed, applied or interpreted to authorize or permit the Board to permit or authorize a new nonconforming main or accessory use to be introduced nor to permit or authorize the extension of the nonconforming use to an adjoining zoning lot. (Ord. 97-60. Passed 1-20-98.)
1145.01 INTENT.
Sign regulations, including provisions to control the type, design, size, location, illumination and maintenance thereof, are established and shall be strictly construed in order to achieve, among others, the following purposes:
(a) To promote and maintain attractive high value residential and business districts by preventing the blighting influence of excessive signage;
(b) To provide reasonable, yet appropriate, conditions for identifying and advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type and size of establishments;
(c) To provide for appropriate signs for the identification of commercial development;
(d) To control the design of signs so that their appearance shall be aesthetically harmonious with their surroundings and an overall urban design for the area;
(e) To eliminate any conflict between advertising (or identification) signs and traffic control signs which would be hazardous to the safety of the motoring or pedestrian public;
(f) To provide review procedures which enable the City to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings;
(g) To provide for the control of temporary signs to avoid the blighting influence of excessive and/or deteriorating temporary signage; and
(h) To prohibit all signs not expressly permitted by this code.
In establishing these purposes, the City has determined that signs which do not comply with these regulations (type, size, location and limitation on the number of signs) are a public nuisance and are a detriment to the general health, safety and welfare of the community. Unregulated signs are unduly distracting to motorists and pedestrians and reduce the effectiveness of signs needed to direct the public.
(Ord. 03-37. Passed 11-3-03.)
1145.02 ESTABLISHING REGULATIONS; EXEMPTIONS.
(a) Signs shall be designed, erected, altered, reconstructed, moved and maintained, in whole or in part, in accordance with the type, design, size, location, illumination and other provisions set forth in this chapter.
(b) The construction, erection, safety, maintenance and painting of all signs shall be in accordance with this chapter, Chapter 1159 the Design Review Guidelines and with the Building Code. The provisions of this chapter shall not amend or in any way modify other codes, rules or regulations governing traffic signs within the City or other signs erected by or pursuant to public authority within the City.
(c) The display of official public notices and the flag, emblem or insignia of an official governmental body shall not be affected by these regulations. Nor shall signs used for safety purposes relative to the repair or maintenance of streets, sidewalks or of utilities in the public right of way be affected by the provisions of these regulations. Name and informational signs containing emblems of service clubs, places of worship, civic organizations and the like consolidated with a single frame placed on public property with the permission of the Director of Public Service and Development are not subject to these regulations provided such emblems do not exceed three square feet in area, provided the frame does not exceed eight feet above finished grade and further provided the sign is not illuminated. Also exempt from the provisions of the chapter are standard signs approved by the Director which are required to be erected by any law, code, rule or regulation in force and in effect within the City. The provisions of this chapter shall not govern the display of signs which are part of the original construction of a vending machine, newspaper dispensing device or fuel pump.
(Ord. 03-37. Passed 11-3-03.)
1145.03 CLASSIFICATION OF SIGNS; DEFINITIONS.
(a) "Sign" means any display, figure, word, number, symbol, geometric shape, model, painting, drawing, placard, letter, poster, pennant, insignia, device or other structure or representation or combinations thereof visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, business activity, place, object or product.
(b) Classification by Functional Type.
(1) "Abandoned sign" means a sign which no longer directs or exhorts, advertises a bonafide business, lessor, lessee, owner, product or activity conducted or available on the premises where the sign is located. Abandoned signs are prohibited in the City of Fairview Park.
(2) "Billboard" means a sign directing attention to a specific business, product, service, entertainment or any other activity sold, offered or conducted elsewhere than upon the same lot on which the sign is located. Billboard signs are prohibited in the City of Fairview Park.
(3) "Bulletin board" means an announcement sign which directs attention to and which is located on the lot of a public or semi-public institution, or of a charitable or religious facility.
(4) "Business sign" (general advertising) means a sign advertising the name of the business or establishment, the goods or commodities sold and/or brand names thereof, or services rendered on the lot which the sign is located. (The terms "advertising" and "brand names" distinguish business signs from identification signs)
(5) "Development sign" means a sign directing attention to the promotion, development or construction of a building or subdivision or property on the parcel of land on which the sign is located and which bears the name, address, subplot number or other identifier of the contractor or the name, owner or manager of the development.
(6) "Directional sign" means a sign intending to direct the safe flow of vehicular and pedestrian traffic and includes "enter", "exit" and arrow signs. Standard traffic devices may be used if approved by the Chief of Police.
(7) "Flashing signs" means any illuminated sign which exhibits changing lights or color effects and includes electronically controlled message centers or readerboards but does not include public service signs displaying date, time and temperature. Flashing signs are prohibited in the City of Fairview Park.
(8) "Identification sign" means a sign, other than a nameplate, indicating the name, owner, manager and/or address of an existing building or business. (The term "name" may include the type of goods sold or services rendered, but not brand names. )
(9) “Illuminated sign" means a sign that has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper, or which is illuminated by the reflector method.
(10) "Informational sign" means a sign which is designed to give general information to the public concerning areas of natural scenic beauty or outdoor recreation facilities and similar information, or indicating a condition on the property which requires the exercise of ordinary care, or which provides public safety information or other public information.
(11) "Integral sign" means a sign indicating the name of a building, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.
(12) "Memorial sign" means a sign designed, intended or used to preserve the memory of a person, place or event, including landmark and historical plaques.
(13) "Mural or pictorial signs" means an artistic scene or picture devoid of any advertising or commercial aspects, slogans, words, letters, script, numbers, diagrams or text, which is printed or painted upon any wall of a building or structure.
(14) "Nameplates” means a sign indicating the name, address or profession of the person or persons occupying the lot or building or part of a building.
(15) "Permanent sign" means a sign which is designed or intended to be used indefinitely, or used indefinitely without change in its state or place.
(16) "Political sign" means a sign promoting or opposing any candidate seeking any elective office, promoting or opposing any ballot measure to be voted upon by the electors of the City and any sign expressing an opinion or advocating or urging action on any public issue. A “Political Sign” shall not be construed to mean or include any other functional type of sign as defined in this subsection.
(17) “Real estate sign" means a sign directing attention to the promotion, development, construction, rental, sale or lease of property on which it is located.
(18) "Security sign" means a sign indicating that the property is protected by a security surveillance system of any nature.
(19) "Temporary sign - civic" means a sign of any type to announce charitable, educational, religious, civic or community affairs, event or function of a public or semipublic nature and design and intended for use for a limited period of time. Such a sign may be suspended over or on public property or any other location only by permission of the Director of Public Service and Development. Such signs may be a banner, pennant or poster constructed of cloth, canvas, plastic sheet, cardboard, or wallboard and may be displayed twenty-one days prior to and three days after the affair, event or function.
(20) "Temporary sign - commercial" means either a sign constructed of paper, cloth or another durable material announcing sales, new products, special business events or being decorative/seasonal in nature, attached or affixed to the interior or exterior surfaces of a window or door of a building providing that such signs shall not cover more than 25% of the total surface area to which they are affixed and displayed for a period of time not to exceed thirty days or a sign constructed of durable material announcing the opening of a new business or the reopening of an existing business for use in a General Business District erected, placed or located not less than five feet from a lot line, not to exceed twenty square feet in area per side and six feet in height above natural grade, which is limited to no more than two colors, and displayed for a period of time not to exceed thirty days.
(c) Classification by Structural Type.
(1) “Banner sign” means a sign constructed of fabric or any non-rigid material with no enclosing framework.
(2) "Canopy sign" means a sign attached to the soffit or fascia of a canopy or of a covered entrance or walkway, or attached to or displayed and applied on an awning, canopy or marquee.
(3) "Monument sign" means a freestanding sign which has a supporting base designed as an integral part of the sign and resting totally or primarily on the ground.
(4) "Pole sign" means a sign which is supported wholly by a pole or poles, posts or braces upon the ground and not attached to any building. Pole signs are prohibited in the City of Fairview Park.
(5) "Portable sign" means a sign which is designed to be portable and is not permanently attached to any part of a building or permanently anchored to the ground. Portable signs are prohibited in the City of Fairview Park.
(6) "Projection sign" means a sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom, extending more than fifteen inches from the face of the wall of the building, wall or other structure and is supported thereby.
(7) "Roof sign" means a sign erected upon and completely over the roof of any building or a sign constructed or wholly maintained upon or over the roof or parapet wall with the principal support on the roof. Roof signs are prohibited in the City of Fairview Park.
(8) "Wall sign" means a sign integral with the exterior face of an exterior wall of a building, or attached to the wall or parallel with the wall and extending no higher than the ridge lines on the top of the parapet wall and projecting not more than twelve inches from the wall. Wall signs shall be a single faced cabinet or individual channel type letters.
(9) "Window sign" means a sign attached or affixed to the interior or exterior surface of windows or doors of a building, or other than merchandise, that which is located within three feet of the interior surface of the glass.
(10) "Attraction devices" refers to anything that attracts via mechanical contrivance that causes animation, revolution, movement up-and-down or sideways, inflatable devices and windblown devices such as ribbons, spinners and streamers whether part of a sign or not. Attraction devices are prohibited in the City of Fairview Park.
(d) Any sign classified pursuant to subsection (b) hereof as a "billboard", "bulletin board", "business sign", "identification sign" or "informational sign" may, subject to the provisions of this chapter, contain noncommercial messages.
(Ord. 03-37. Passed 11-3-03.)
1145.04 MEASUREMENT STANDARDS.
The size of signs is regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of the building unit to which the sign is accessory.
(a) The gross area of signs for a building or use shall include all permanent surfaces visible from a public way and shall be measured as follows:
(1) The area of the surface, or surfaces, of an opaque or translucent panel used or intended for displaying a message within a single continuous perimeter enclosing the extreme limits of such sign. However, such perimeter shall not include any structural elements lying outside the sign limits which are not an integral part of the information or visual attraction unless otherwise provided herein; plus
(2) The area within the smallest rectangle enclosing a sign composed of letters or characters which are individually attached to a building wall or other structural element not designed as a panel such as where the background wall is not changed, painted, or designed to form a distinct or contrasting background surface in relation to the remaining wall surface; plus
(3) The area of permanent window and door signs.
(b) Whenever the gross area of the signs is related to the size of the building or lot: the frontage of a building shall be the width in lineal feet of the facade of the building, business, office or industrial unit which faces the principal street, or the facade containing the main entrance of a business office or industrial building. The frontage of a lot not occupied by a building shall be the number of lineal feet the lot abuts on the principal street.
(c) Buildings or lots having frontage on a second street may be permitted additional signs along such second street which shall, however, not exceed twenty-five percent (25%) of the area of the signs permitted along the main facade; however, any additional sign area allowed as a result hereof shall only be used on the building facade facing the second street or on the portion of the same lot on the second street. (Ord. 03-37. Passed 11-3-03.)
1145.05 DESIGN STANDARDS.
Signs, as permitted install use districts, shall be designed to be compatible in character and style with regard to materials, color and size of the building, other signs designed or located on the same building and other signs on adjoining buildings in order to produce an overall unified effect, and in accordance with the standards set forth in this section. Signs shall be reviewed with respect to each of the provisions of this section and shall require approval by the Planning and Design Commission except the signs listed in Section 1145.07 (h).
(a) Continuity. Signs shall be considered in relationship to their surrounding environment and, if seen in series, should have a continuity of design.
(b) Style and Color. The style of a sign shall be generally consistent throughout the particular building or block involved; the color of signs shall be a component of the color of the building facade and the total number of colors on any sign shall be limited to three. Company logos would be exempt but shall be limited in size to twenty percent (20%) of sign. Black and white are to be considered colors.
(c) Lettering. The lettering on a sign shall be large enough to be easily read but not overly large or out of scale with the building upon which it is placed. An excessive amount of information on signs, where visual clutter could create a potential safety hazard to motorists or pedestrians, shall not be permitted. All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
(d) Materials. Signs shall be fabricated on and out of materials which are of good quality, good durability and complementary to the building of which they are to become a part.
(1) When noncombustible outdoor signs or display structures are required by this chapter, all parts including the supporting structure shall be of noncombustible material; provided, however, that wood, approved plastic or other material not more combustible than wood or approved plastic shall be permitted for small ornamental moldings, cappings, nailing strips, individual letters, symbols, figures, and insignia, and on the face of a sign, provided that the aggregate area of such facing for any sign shall not exceed that permitted by this chapter.
(2) All metal parts used in any sign or structure, supports and braces shall be of corrosion-resistant material or shall be galvanized and/or painted with corrosive-resistant paint at least once every two years. When existing structures are used for new or remodeled sign installation, all remaining parts shall be brought to new like condition and painted with rust and corrosion-resistant paint. Existing sign supports are subject to the approval process of this chapter being used in new or remodeled sign installation.
(3) Every permitted sign shall be securely attached to the building walls, marquees or structures using suitable metal supports, metal anchors, bolts, chains, stranded cables, steel rods or braces and the working stresses of chains, cables and steel rods and their fastenings shall not exceed one-quarter of their ultimate strengths.
(4) Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to same by metal anchors, bolts or lead expansion anchors of not less than three-eighths inch in diameter and shall be imbedded to manufacturer's required depth for device used.
A. No wooden blocks or anchorage with wood used in connection with screws, nails, spikes or staples shall be considered proper anchorage.
B. Wall signs attached to wood walls may be supported by lag screws of not less than one-fourth inch in diameter, but shall be of size and length to support load involved.
(e) Structural Design. Any graphic, or other sign structure, marquee, canopy, or awning as defined in this chapter, shall be designed and constructed to withstand a wind pressure of not less than thirty pounds per square foot of net surface area, allowing for wind from any direction, and shall be constructed to withstand loads as required in the Building Code. Signs shall not be attached to parapets. The construction, bracing, anchorage and support of permanent signs shall be in accordance with the requirements of the Building Code of the City and of this chapter. The roofs of all marquees shall be properly guttered and drained.
(f) Vertical Clearance. The lowest member for all signs, unless otherwise specifically provided in this chapter, shall not be less than eight feet above the finished grade of a sidewalk or any pedestrian way; and if located over a pavement used for vehicular traffic or within twenty-four inches of the vertical projection of the edge of such pavement, the lowest member of the signs shall be not less than twelve feet above the finished pavement.
(g) Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections or street sight lines. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc. and the movement, content, coloring or manner of illumination shall not resemble highway traffic signs or interfere with the sight lines of a traffic signal.
(h) Other Safety Requirements. No sign shall be erected or placed so that any part thereof, including cables, guys, braces, supports, etc., shall be within a fifteen-foot distance of public utility electric conductors carrying not more than 600 volts, and for conductors carrying more than 600 volts, not within a distance of thirty feet of such conductors, except that this provision shall not apply to electric conductors which serve the sign.
(i) Changeable Copy Signs. Any sign or any portion thereof where the message or graphics is not permanently attached to the structure, framing or background and may be periodically replaced or covered over, manually or by electronic or mechanical devices is subject to the provisions of this chapter, including the design standards of this section, the provisions for illumination of signs in Section 1145.06
, and the provisions for applications for permits; approval in Section 1145.07
.
When reviewing the proposed sign, the Planning and Design Commission shall consider and establish standards applicable for the changeable copy which shall include, but are not limited to: determining the portion of the sign permitted for changeable copy; determining the suitable materials and method for making changes and the manner for fastening the new copy; and establishing the color and design criteria. These standards shall be set forth in the sign permit and shall apply for the life of the sign unless otherwise amended by the Commission pursuant to Section 1145.07
. (Ord. 03-37. Passed 11-3-03.)
1145.06 ILLUMINATION OF SIGNS.
(a) Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists or so as to cause reasonable objection from adjacent residential districts and shall be, in any event, concentrated on the area of the sign.
(b) Animated, blinking, flashing, fluttering, moving or outline illumination shall not be permitted in any district except that a permit may be granted for movement showing the date, the time and the temperature exclusively. Beacon lights and search lights are prohibited. No sign shall be constructed and/or operated to create an appearance of illusion of writing.
(c) No exposed reflective type bulbs shall be permitted. Neon tube illumination bent to form letters, symbols or other shapes for any sign, other than that used for permanent window signs not exceeding two in number for any building or use on a lot, or used other than to backlight silhouetted letters, or used for the internal illumination of plastic faced signs or letters, shall not be permitted. Strobe lights or incandescent lamps shall not be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property. Strings of lights are not permitted. Neon tubing except as otherwise provided herein shall not be visible to the eye and shall not be closer than one inch to the plastic face or letter of any sign.
(d) The methods of illumination permitted are colored light, illuminated surface colors, internal illumination (a light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface) and indirect illumination (a light source not seen directly), provided that within residential areas or within 500 feet thereof only white shall be permitted.
(e) Display signs illuminated by electricity, or equipped in any way with electric devices or appliances, shall conform in wiring and appliances to the provisions of the National Electrical Code, most current edition, and there shall be a lock-type switch.
(f) Subject to the regulations herein, all permanent signs in office building and business districts and bulletin boards for institutions may be illuminated. Signs in residential districts, other than nameplates and as otherwise specifically permitted, shall not be illuminated.
(Ord. 03-37. Passed 11-3-03.)
1145.07 APPLICATION FOR PERMITS: APPROVAL.
(a) Applications for permits to erect, place, paint, illuminate, alter or otherwise effectuate a change in a sign shall be submitted on forms furnished by the City and shall be made either separately or included with an application for a building permit. Such application shall be dated and include the name, address and telephone number of the applicant and the name of the person erecting the sign. Written consent of the owner of the building, structure or lot on which the sign is to be erected shall be required when such owner is not the applicant. The location of the building, structure or lot on which the sign is to be erected is also required.
(b) Each application shall be accompanied by drawings to scale and photographs, showing the following:
(1) The design and layout proposed, including the total area and dimensions of signs, the size, height, character, materials, colors and type of lines, lettering or other symbols;
(2) Photographs or drawings of the building for which the signs are proposed and photographs of surrounding buildings, signs and uses;
(3) The number and types of lamps and lens material to be used in any illuminated signs;
(4) The total area, dimensions, weight and physical composition of the proposed sign;
(5) The exact location of the sign in relation to the building and property and in relation to nearby buildings or structures; and
(6) Details and specifications for construction, erection and attachment as may be required by the Building Code and this chapter.
(c) A sign permit is applicable only to the specific sign (or signs) for which it is granted. Once a sign permit is granted, no temporary or permanent sign shall be attached or added to the given sign. A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit. A permit may be renewed once.
(d) All signs and drawings, required by subsection (b) hereof unless otherwise specifically excepted by this section shall be referred by the Building Commissioner to the Planning and Design Commission for its approval, approval with modification or disapproval.
(e) The following operations shall not be considered as creating a sign and shall not require a sign permit:
(1) Replacing copy. Subject to the provisions of Section 1145.05
(i), the changing by a permit holder of the advertising copy or message on an approved sign which is specifically designed and approved for the use of changeable copy.
(2) Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a sign or a supporting sign structure unless a structural change or other modification is made.
(f) No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.
(g) The Building Commissioner is hereby authorized and directed to revoke any permit issued upon failure of the holder thereof to comply with any provisions of this chapter or any regulation pertaining to signs or where the permit was issued on the basis of fraud or misstatement.
(h) The permit provisions of this section shall not apply to the following signs; however, such signs shall be subject to the other regulations in this chapter:
(1) Memorial signs;
(2) Traffic signs, legal notices and informational signs;
(3) Federal, State, County or Municipal signs; house (street) numbers; or name plates in one- and two-family residential districts;
(4) Security signs;
(5) Credit card signs;
(7) Political signs;
(8) Permanent window signs;
(9) Home sale signs;
(10) Temporary signs - civic; and
(11) Temporary signs - commercial.
(i) For buildings housing more than one business entity requiring signs, a comprehensive sign scheme shall be submitted indicating the typical sign design standard, locations, sizes, details, lettering type and size, colors and other information required by Section 1145.07(b) to be used for the installation of any signs requiring a permit on the premises. Sign submittals which comply with a previously approved sign scheme in the opinion of the Building Commissioner, shall not require further approval, from the Planning and Design Commission.
(Ord. 03-37. Passed 11-3-03.)
1145.08 MAINTENANCE AND REMOVAL OF SIGNS.
(a) All signs and sign structures shall be maintained in good repair and in a safe, attractive condition, free of structural defects and electrical violations, so as not to constitute a public nuisance, blight or deteriorating influence on adjacent property or a safety hazard. Signs and sign poles which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with this section and other applicable regulations of the City shall be removed by the person on whose premises such sign is displayed or by the City at the expense of such person. Any sign now or hereafter existing which no longer relates to a business being conducted on the premises shall be removed by the person on whose premises such sign is displayed or by the City at the expense of such person within thirty days. These removal provisions shall not apply where a succeeding owner or lessee conducts the same type of business and agrees to maintain the sign as provided in this chapter or changes copy on the sign(s) to advertise the type of business being conducted, and provided the sign complies with all other provisions of this chapter.
(b) The Division of Building shall inspect, as it deems necessary, each sign or other structure regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure and whether it is in need of removal or repair.
(c) The occupant or owner of any premises upon which a violation of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of this chapter shall be deemed responsible for the violation so evidenced and subject to the penalty provided therefor. (Ord. 03-37. Passed 11-3-03.)
1145.09 NONCONFORMING SIGNS.
A sign nonconforming as to the regulations prevailing on the effective date of this chapter (Ordinance 03-37, passed November 3, 2003) which does not conform to the regulations of this chapter or a subsequent amendment, shall be deemed a nonconformity.
(a) Purpose. The purpose of this chapter, in addition to providing specific standards for the design, construction and erection of every new graphic, sign, marquee, canopy and awning is to cause every graphic or other sign in violation of any provision of this chapter to be eventually removed, altered or replaced so as to conform with the provisions of this chapter.
(b) Authority to Continue Existing Nonconformities. Any graphic, sign, marquee, canopy or awning as defined in Section 1145.03
which is deemed to be a nonconformity, which was erected in accordance with the provisions of any prior sign code pursuant to a City permit and in place on the effective date of this chapter and which remains or becomes a nonconformity upon the adoption of this chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations:
(1) Repairs. Ordinary repairs and nonstructural alterations may be made to a nonconforming sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required by law to make the sign conform to the regulations of this chapter.
(2) Additions and enlargements. A nonconforming sign shall not be added to or enlarged in any manner, except to make the sign conform to the regulations of this chapter.
(3) Moving. No nonconforming sign shall be moved in whole or in part to any other location unless such sign, and the use thereof, is made to conform to all regulations of this chapter.
(4) Restoration of damaged nonconforming signs. A nonconforming sign which is destroyed or damaged by accident, wind, fire, vandalism or other cause to the extent that the cost of restoration shall equal to or exceed twenty-five percent (25%) of the replacement cost of such sign, shall not be restored unless it is made to conform to all the regulations of this chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than twenty-five percent (25%) of the replacement cost of such sign, no repairs, restoration or reconstruction shall be made unless such restoration is started within six months from the date of the partial damage or destruction and is diligently pursued to completion.
(5) Discontinuance of use of nonconforming signs. A nonconforming sign, the use of which is discontinued for a period of thirty days, shall thereafter be removed.
(6) Change of use of nonconforming signs. Where the business use or identity associated with the nonconforming sign at the time of the adoption of this chapter or any amendment thereto, thereafter 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 the regulations of this chapter.
(7) Effective permit. No permit shall become effective for any new sign which replaces an existing or nonconforming sign unless and until such existing or nonconforming sign is removed.
(Ord. 03-37. Passed 11-3-03.)
1145.10 VARIANCE.
A variance from the strict application of the provisions of this chapter may be granted by the Board of Zoning and Building Appeals in regard to an existing nonconforming sign or a new sign to be installed, erected, constructed or painted in accordance with Chapter 1153.
(Ord. 03-37. Passed 11-3-03.)
1145.11 FEES.
(a) Every applicant, before being granted a permit hereunder, shall pay to the City the fees required by Chapter 1307 of the Codified Ordinances for each sign permit required by this chapter.
(b) The amount of any and all permit fees as have been established shall be doubled if the erection of the sign or supporting structural framework has been commenced before a permit for such work has been obtained.
(Ord. 03-37. Passed 11-3-03.)
1145.12 DUTIES OF BUILDING COMMISSIONER.
(a) It shall be the duty of the Building Commissioner upon the filing of an application to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure. If the proposed sign is in compliance with the requirements of this chapter and all other pertinent ordinances of the City and has been approved by the Planning and Design Commission, a permit shall be issued.
(b) In the event the proposed sign is not in compliance with the requirements of the City, the Commissioner shall not issue the permit until review and approval by the Board of Zoning and Building Appeals as well as review and approval by the Planning and Design Commission.
(c) Notwithstanding any other provision of this chapter, the Commissioner may deny a permit to any person who has habitually or wilfully violated any of the provisions of this chapter or who has failed to comply within the time specified with an order issued by the Commissioner and served by him to cause compliance with any provision of this chapter.
(d) Monument signs shall be subject to a footing inspection and all signs shall, when illuminated, be subject to a final electrical inspection by the Commissioner.
(Ord. 03-37. Passed 11-3-03.)
1145.13 RESIDENTIAL ONE- AND TWO- FAMILY DISTRICTS.
Accessory signs in residential one- and two-family districts shall be designed, erected, altered, moved and maintained in whole or in part, in accordance with these regulations. Only the following types of signs shall be permitted as to use, structure, size and number and shall be regulated as follows:
(a) Development Signs. One temporary development sign not to exceed twenty-four square feet in area, not to exceed five feet in height above finished grade and located not less than twenty feet from any lot line on the lot upon which a building is under construction and which shall be removed within fourteen days of the beginning of the intended use of the project.
(b) Integral Signs. One integral sign not to exceed two square feet in area.
(c) Nameplate. One nameplate not to exceed two square feet in total area and located not less than five feet from any lot line of the premises.
(d) Real Estate Signs.
(1) One temporary real estate sign not exceeding six square feet in area or three feet in height above finished grade shall be permitted for each dwelling or lot. Such sign shall be located not less than five feet from the front or any side lot line and shall be removed within seven days of the sale, provided, however, two such signs shall be permitted on a single parcel which abuts two streets subject to the regulations herein. "Open House" directional arrows not exceeding three square feet in area are permitted provided that the sign shall not exceed three feet in height above finished grade, any such sign shall be removed by sundown, and shall be placed not less than three feet from any lot line.
(2) One temporary subdivision sign which shall not exceed fifty square feet in area. No temporary subdivision sign shall be located within one hundred feet from any occupied residence and shall be on the premises within the subdivision being developed.
(3) A model house sign not exceeding six square feet in area shall be permitted on the same lot as the residence being displayed as a model. Permits for a subdivision sign shall be for a period not to exceed one year and may be renewed only if construction at the date of renewal is being pursued diligently.
(e) Security Signs. Security signs may only be of a type which is readily affixed to a window or door, such as a sticker or decal and may be no more than fifteen square inches in area.
(f) Street Address and Residential Name Signs. Two signs not exceeding three square feet in area each, bearing house (street) numbers, street name and name of the resident shall be permitted. Such signs may be allowed on mailboxes, but shall otherwise be located at least five feet from the nearest property line and shall not be over five feet above finished grade.
(g) Home Sale Signs. One sign indicating that a home sale is being conducted on the lot where the sale is taking place which shall not exceed three square feet in area and which remains erected only for the period of the sale, not to exceed three days. (Ord. 03-37. Passed 11-3-03.)
1145.14 RESIDENTIAL MULTI-FAMILY, GARDEN, TOWNHOUSE, HIGH-RISE, LOW-RISE PLANNED DEVELOPMENT AND SENIOR CITIZEN HOUSING DISTRICTS.
Accessory signs in Residential Multi-Family, Garden, Townhouse, High-Rise, Low-Rise Planned Development and Senior Citizen Housing Districts shall be designed, erected, altered, moved and maintained in whole or in part, with these regulations. The types of signs permitted as to use, structure, size and number for each building or lot shall be regulated as follows:
(a) Development Signs. One temporary development sign not to exceed twenty-four square feet in area and eight feet in height above finished grade shall be permitted upon the lot on which a building is under construction and located not less than twenty feet from any lot line. The sign shall be removed within fourteen days of the beginning of the intended use of the development.
(b) Directional Signs. Two directional signs of permanent construction each not exceeding four square feet in area or four feet in height above finished grade indicating traffic routes within parking areas or driveways shall be permitted at any entrance/exit to a building or lot, and provided that no part of the sign or the support thereof is located less than two feet from any lot line. Horizontal directional signs on and flush with paved areas are exempt from these standards. Illumination is permitted subject to the requirements of this chapter.
(c) Integral Signs. One integral sign not exceeding two square feet in area.
(d) Real Estate Signs.
(1) One temporary real estate sign not exceeding six square feet in area or three feet in height above finished grade shall be permitted. If the lot has multiple frontage, one additional sign not exceeding six square feet in area or three feet in height above finished grade shall be allowed on the property to be placed facing the additional frontage. All such signs shall be located not less than ten feet from any lot line.
(2) One sign of permanent construction, not exceeding six feet in height above finished grade or twenty-four square feet in total area per side, identifying any building or contiguous buildings under common ownership. The sign may be attached to the building or be placed in front of the building, but shall be located not less than ten feet from any lot line.
(e) Security Signs. Security signs may only be of a type which are readily affixed to a window, such as a sticker or decal, and may be no more than fifteen square inches in area.
(f) Street Number Signs. Two street number signs, each not exceeding two square feet in area shall be permitted for each building. Such signs shall be located not less than ten feet from the nearest property line and shall not exceed five feet above finished grade. For purposes of this section, one sign indicating the name of a building shall be permitted which shall not exceed four square feet in area and attached to the building.
(g) Canopy Signs. One canopy sign may be attached to the soffit or fascia of a canopy over an entrance/exit way, provided the total area of the face of the sign does not exceed six square feet, the vertical dimension of the sign does not exceed twelve inches, the horizontal dimension of the sign does not exceed seventy-two inches and the lowest structural member is not less than eight feet above finished grade. A canopy sign shall be centered at the symmetrical center of the canopy and shall be surface mounted to the underside of the canopy. Signs of a canopy type may be placed on the vertical faces of a marquee but shall not be permitted where the marquee projects over any public right of way. Signs displayed and applied on an awning or canopy shall not exceed twenty percent (20%) of the total area of the canopy or awning.
(Ord. 03-37. Passed 11-3-03.)
1145.15 OFFICE BUILDING AND GENERAL BUSINESS DISTRICTS.
Accessory signs in Office Building and General Business Districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with these regulations.
(a) Functional Types Permitted. Business signs, development signs of a temporary nature, directional signs, identification signs, nameplates, real estate signs, security signs and such other functional types as are specifically permitted by this chapter.
(b) Structural Types Permitted. Canopy, monument, wall, window and projection signs.
(c) Maximum Area and Number Permitted.
(1) Maximum sign face area. The maximum sign face area of all permanent signs permitted for each separate use occupying a building or unit of a building shall be related to the frontage of the building or unit thereof, as determined by the following formula:
Maximum sign face area = W x 2.0 square feet, except
that the total in all cases shall not exceed 100 square feet.
The elements of such formula being defined as follows:
"Maximum sign face area" means the total area of one surface
(2) Business signs. Within permanent business signs erected, placed, painted or located exterior to the facing of a building or use, the area devoted to the advertising of brand names of specific products or services shall be limited to fifty percent (50%) of the sign face area of wall signs and twenty-five percent (25%) of the sign face area of the other permitted types. Within permanent business signs erected, placed, painted or located exterior to the facing of a building or use, the area designed for the use of replaceable copy shall, except for those signs permitted by subsection (d)(4) hereof, be limited to fifty percent (50%) of the sign face area. Business signs shall be located on the same lot as the business or service to which it is directed.
(3) Canopy signs. One canopy sign may be attached to the soffit or fascia of a canopy over an entrance/exit way of each business or office use, provided the total area of the face of the sign does not exceed six square feet, the vertical dimension of the sign does not exceed twelve inches, the horizontal dimension of the sign does not exceed seventy-two inches and the lowest structural member is not less than eight feet above finished grade. Such a canopy sign suspended from a canopy shall be centered at the symmetrical center of the canopy and shall be surface mounted to the underside of the canopy. Signs of a canopy type may be placed on the vertical faces of a marquee but shall not be permitted where the marquee projects over any public right of way. Signs displayed and applied on an awning or canopy shall not exceed twenty percent (20%) of the total area of the canopy or awning.
(4) Development signs. One temporary development sign not to exceed twenty-four square feet in area, eight feet in height above finished grade and located not less than twenty feet from any lot line, announcing a proposed building or a building under construction shall be permitted on the lot to be occupied by the proposed building or building under construction. Such signs shall be removed within fourteen days of the beginning of the intended use of the development.
(5) Directional signs. Two directional signs of permanent construction, each not exceeding four square feet in area or four feet in height above finished grade indicating traffic routes within parking areas or driveways shall be permitted at any entrance/exit to any building or lot provided that no part of the sign or the support thereof is located less than two feet from any lot line. Horizontal directional signs on and flush with paved areas are exempt from these standards.
(6) Monument signs. One monument sign not to exceed twenty-four square feet in total area per side and six feet in height above finished grade shall be permitted subject to the requirements herein. Any permitted monument sign shall be located no closer than five feet from any lot line or access drive or twenty-five feet from a residential district. Such signs shall be located on the same lot as the business or service to which it directs attention. Supporting columns and structural trim of round or square-shaped configurations may be used, but in the event the cross-section area of such supports or trim exceed twenty-five percent (25%) of the sign face area, the sign face area shall be reduced in size by the amount of excess.
(7) Integral signs. One integral sign not to exceed two square feet in area.
(8) Nameplates. One nameplate, not exceeding one square foot in area for each store or office unit in the building, but not exceeding a total of ten nameplates per building, shall be permitted.
(9) Projection signs. One projection sign for each establishment or store unit not exceeding twelve square feet in area for each face may be permitted subject to the regulations herein. Such signs shall be attached to the wall and shall project no more than three feet therefrom at an angle of not less than ninety degrees. No projection sign shall project any closer than twenty-four inches from a vertical line projected from the public sidewalk. No projection sign shall swing from any bar, crane, awning or other sign; project over or obstruct the windows or doors of any building; be attached to or obstruct a fire escape or otherwise be in conflict with any safety provisions of the building code. A projection sign shall project from the building occupied by the business or service to which it directs attention and may extend above the top of the wall, provided that no more than thirty-five percent (35%) of the total height of the sign extends above the wall. Any face of a projection sign shall be not less than five feet from a side lot line or party wall of another store or unit and no projection sign shall be closer than twenty-five feet to any other projection sign. Use of projection signs shall be limited to applications which clearly complement a building's architectural style.
(10) Real estate signs. One temporary double-face, free standing or wall sign advertising the sale, lease or rental of the premises or part of the premises on which the sign is displayed, not exceeding six feet in height above finished grade or twenty-four square feet in area shall be allowed.
(11) Security signs. Security signs may only be of a type which is readily affixed to a window such as a sticker or decal and may be no more than fifteen square inches in area.
(12) Street number signs. Two street number signs not exceeding two square feet in area shall be allowed. Such signs shall be permitted on mailboxes and over doorways but shall otherwise be set back at least six feet from the nearest property line and shall not be over five feet above ground.
(13) Wall signs. Wall signs shall not project more than twelve inches from the building wall to which it is attached and shall be set back from the end of the building and party wall lines for a distance of at least three feet and shall not project beyond any corner or above the coping or eaves of any building. No wall sign shall be situated within a window or part of a window nor shall its supporting structure cover any window or part of any window. Wall signs placed in the vertical space between windows shall not exceed in height two-thirds of the distance between the top of the window and the sill of the window above or the major architectural details related thereto. No wall sign shall extend above the roof line or top of the parapet wall. No wall sign shall wholly or partially cover any wall opening or prevent free egress or ingress from any door, window or fire escape. Wall signs shall be attached to or integral with a wall occupied by a permitted business or activity. No wall sign shall be painted directly on the wall. Wall signs shall be designed to fit within any given frame of the architectural space intended for signage.
(14) Window signs. Permanent window signs shall not exceed twenty percent (20%) of the glass area to be calculated separately for each side of a building or business. Ten percent (10%) of the glass area may be used on a temporary basis (not to exceed thirty days) to advertise nonprofit activities. Twenty-five percent (25%) of glass area may be used for temporary signs - commercial. No window signs shall be painted directly on the window. Notwithstanding the foregoing, no more than fifty percent (50%) of the glass area may be covered by any combination of window signs at any one time. For purposes of this section, those signs displaying the credit cards accepted by a business enterprise and security signs shall be considered permanent window signs, and may only be of a type which is readily affixed such as a sticker or decal. Only one sign for each credit card accepted shall be permitted at each entrance.
(d) Supplementary Regulations.
(1) Additional signs. In addition to the sign face area permitted by Section 1145.04
(c), in cases where an office or business building has a back entrance from a parking area open to the public, additional sign area equal to twenty-five percent (25%) of that permitted along the main facade may be used; however any additional sign area allowed as a result hereof shall only be used on the building facade facing the back parking area.
(Ord. 90-27. Passed 7-2-90.)
(2) Regional shopping center identification signs; convenience shopping center identification signs.
A. Regional shopping center identification signs. In addition to sign face area permitted for each individual establishment, one shopping center identification sign identifying the name and/or logo of a unified shopping area comprised of a minimum of fifty acres and a minimum of fifty separate stores shall be permitted. Each sign face shall not exceed sixty square feet in area and shall be a monument sign, subject to the regulations governing such signs. A regional shopping center identification sign shall be part of a comprehensive sign format and designed for the unified shopping area and shall be subject to review and approval by the Planning and Design Commission.
B. Convenience shopping center identification signs. Where there are three or more separate and distinct occupant/tenants on the same zoning lot in a General Business "A" District or a General Business "B" District with separate exterior entrances to each occupant/tenant and which do not otherwise constitute a regional shopping center as defined in subsection (d)(2)A. hereof, one convenience shopping center identification sign identifying the name and/or logo of the unified shopping center and/or the individual establishments therein shall be permitted in addition to sign face area permitted for each establishment. Convenience shopping center identification signs shall be monument signs and the square feet in area of each sign face shall be in accordance with the following:
Square footage of Multi-Tenant Building | ||||
4000 | 5500 | 7000 | 8500+ | |
Sign Sq. Footage | 28 | 32 | 36 | 40 |
Sign Height | 6 ft. | 7 ft. | 8 ft. | 8 ft. |
A convenience shopping center identification sign shall be in lieu of any other monument sign on the same zoning lot and shall be subject to the regulations governing such signs. A convenience shopping center identification sign shall be part of a comprehensive sign format and design for the zoning lot and shall be subject to review and approval by the Planning and Design Commission.
(3) Special signs. Where innovative design is demonstrated, a sign utilizing the building design itself as a means to identify or advertise a product or service my be permitted. The design and area of the signage elements shall be subject to review and approval by the Planning and Design Commission.
(4) Drive-in menu signs. Menus, price lists and similar type graphics which are intended for communication to on-premises customers and are not intended or utilized as a means of communication to passing traffic or the public are permitted provided that one such sign not in excess of forty square feet or seven feet above finished grade only shall be allowed.
(5) Gasoline service stations. Signs for gasoline service stations shall conform with all regulations of this chapter except for those which directly conflict with the regulations stated below.
A. Monument signs. Such signs may display only sign panels which: (1) identify the company name; (2) identify the station ownership or management; and/or (3) advertise the price of fuel by type, grade or form of service. The sign panels indicating the price of fuel shall not exceed fifty percent (50%) of the total of any sign face area, and the numerals and letters on such signs shall not exceed two feet in height.
B. Signs at fuel pumps/service islands. These signs shall be limited to those which display information regarding type of service provided or other information essential in directing or instructing the motorist who has entered the station area. The number, area and height of such signs shall be as determined by the Planning and Design Commission.
C. Canopies. For canopy structures which shelter service islands, no signs shall be displayed on the canopy fascia area. Furthermore, the canopy fascia area shall be nonilluminated and shall be designed in a manner which does not call attention to the canopy structure.
(6) The Building Commissioner is directed to allocate the total allowable sign space for a building with more than one unit to the individual units as follows: maximum square footage allowed divided by total building frontage resulting in the square footage allowed per frontage foot of each building tenant.
(7) Any zoning lot may have, subject to the regulations applicable thereto, only one of the following structural types of signs; a monument sign or a projection sign provided however that any such sign on the premises of any zoning lot which offers or provides adult entertainment as defined in Section 1137.03
(a)(12) shall be behind the building line notwithstanding the regulations hereinbefore set forth relating to the permitted location of such signs. (Ord. 03-37. Passed 11-3-03.)
1145.16 RESERVED.
(EDITOR’S NOTE: This section is reserved for future legislation.)
1145.17 SIGNS PERMITTED IN ALL DISTRICTS, STANDARDS.
Notwithstanding any other provision of this chapter, the following types of signs shall be permitted in any district:
(a) Informational Signs. One informational sign not exceeding six square feet in area or four feet in height above natural grade, and located not less than five feet from any lot line. Such signs shall be uniform under standards set by the Director of Public Service and Development.
(b) Memorial Sign. One memorial sign not to exceed four square feet in area, provided same are placed flat against a wall or other object.
c) Temporary Signs - Civic. Such temporary signs shall be located no closer than five feet from any lot line, shall not exceed twenty-four square feet in area and shall not exceed six feet in height above natural grade. Illumination is permitted subject to the requirements of this chapter.
(Ord. 03-37. Passed 11-3-03.)
1145.18 TEMPORARY SIGNS - POLITICAL.
No person shall display a political sign in any zoning district which is not in accordance with the following regulations:
(a) Such signs may be displayed within the interior of windows on the premises; or
(b) Such signs may be displayed in a yard provided such signs are located not less than five feet from any lot line and the height of such signs measured from grade shall not exceed four feet; and
(c) No single sign exceeds six square feet per side in size; and
(d) Such signs are not illuminated; and
(e) Equal access is provided to any person promoting or opposing any ballot measure to be voted upon by the voters of the City on any publicly or semi-publicly owned, leased or controlled premises;
(f) No sign shall be displayed on any utility pole, tree lawn, or any public right of way;
(g) This section does not apply to flags.
(h) The Director of Public Service and Development may remove any sign posted in a public right of way, tree lawn, or utility pole.
(Ord. 22-08. Passed 3-7-22.)
1145.19 CIVIC AND RECREATIONAL DISTRICTS.
Accessory signs in civic and recreational districts shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with these regulations. The types of signs permitted as to use, structure, size and number for each building or lot shall be regulated as follows:
(a) Bulletin Board. One sign of a permanent nature setting forth the name of a church or community, development center, or other like projects and its activities or services not to exceed twenty-four square feet in total area per side or six feet in height above natural grade shall be permitted if set back at least ten feet from any lot line. Illumination is permitted subject to the requirements of this chapter.
(b) Directional Signs. Two directional signs of permanent construction not exceeding four square feet in area or four feet above natural grade indicating traffic routes within parking areas or driveways shall be permitted at any entrance/exit to any building or lot, provided that no part of the sign or the support thereof is located less than two feet from any lot line. Horizontal directional signs on and flush with paved areas are exempt from these standards. Illumination is permitted subject to the requirements of this chapter.
(c) Integral Sign. One integral sign not exceeding six square feet in area.
(d) Street Address Signs. Two street number signs not to exceed two square feet in area. (Ord. 03-37. Passed 11-3-03.)
1145.20 MURAL OR PICTORIAL SIGNS.
Mural or pictorial signs shall be permitted only in office and general business districts.
The painting of mural or pictorial signs shall be in accordance with the regulations set forth below:
(a) Mural or pictorial signs shall not depict any scene or picture containing advertising or commercial aspects, and such signs shall not contain words, slogans, script, text, letters, numbers or diagrams.
(b) Mural or pictorial signs shall be congruous to the total area of the structure. Such signs shall be aesthetically compatible with respect to the front street line, and compliment the building where displayed in terms of scale, color and pattern. Mural or pictorial signs shall be harmonious with and relevant to, the surrounding environment. No such sign shall be intended, used or have the effect of shocking the visual coherence of the streetscape.
(c) No mural or pictorial sign shall be painted without first obtaining a permit from the Building Commissioner and being approved by the Planning and Design Commission. The fee for the issuance of a permit for the painting of a mural or pictorial sign shall be waived if the permittee is a civic, religious or charitable organization.
(d) In addition to the regulations set forth in this section, the painting and maintenance of mural or pictorial signs shall be in accordance with Section 1145.08
. Mural or pictorial signs which are painted or maintained in violation of the provisions of this section shall be removed as provided in Section 1145.08
.
(Ord. 03-37. Passed 11-3-03.)
1145.21 AREAS OF SPECIAL CONTROL.
It is recognized that the regulations provided in this chapter cannot sensitively handle all of the sign situations in an area as diverse as that covered by the City. Therefore, Council by ordinance and following notice and public hearing, may designate any of the following areas as areas of special control and authorize special provisions by ordinance:
Architecture, historic or scenic areas whose special and unique visual characteristics, or whose visual beauty, require special sign regulations to insure that all signs used within the area are compatible with each other. Generally, it is expected that sign regulations in these areas shall be more restrictive than those which would otherwise be applicable under this chapter. (Ord. 03-37. Passed 11-3-03.)
1145.22 PROHIBITED SIGNS IN ALL DISTRICTS.
The following signs are prohibited in all districts within the City:
(a) Signs which bear or contain statements, words or pictures of an obscene, pornographic or immoral character, or which contain advertising matter which is deceptive or untruthful;
(b) Flashing signs;
(c) Signs which are placed on utility poles, trees, fences, yard structures or other signs;
(e) Billboards, pole signs, portable signs, roof signs and all other similar signs;
(f) Abandoned signs; and
(g) Signs which are placed on or over a Municipal, County or State right of way except as may otherwise be provided in this chapter.
(Ord. 03-37. Passed 11-3-03.)
1145.23 SEVERABILITY.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby. (Ord. 03-37. Passed 11-3-03.)
1145.24 REVIEW.
This chapter shall be reviewed by the Planning and Design Commission and Council every three years in order to modify, alter or update its provisions or application if necessary or desired.
(Ord. 03-37. Passed 11-3-03.)
1145.99 PENALTY.
The penalty for a violation of this chapter shall be as set forth in Section 1149.99. Each day that a sign is erected or maintained in violation of this chapter shall constitute a separate offense. (Ord. 03-37. Passed 11-3-03.)
1147.01 INTENT.
Wireless telecommunications facilities are permitted in only General Business "A", General Business "B", Office Building -"1", Office Building - "2", Office Building -"3" and Civic and Recreational zoning districts contingent upon the requirements of this chapter being met. Wireless telecommunications antennas are permitted in multi-family-high rise districts as permitted by Section 1147.02(c) and contingent upon the applicable requirements of this chapter being met. The criteria and requirements of this chapter are intended to minimize adverse health, safety, public welfare and visual impact through buffering, siting, design and construction criteria and requirements and to reduce the need for such facilities and wireless telecommunication towers.
(Ord. 97-3. Passed 5-5-97.)
1147.02 DEFINITIONS.
As used in this chapter:
(a) "Collocation" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(b) "Lattice tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(c) "Monopole" means a support structure constructed of a single, self supporting hollow metal tube securely anchored to a foundation.
(d) "Telecommunications" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(e) "Wireless telecommunications antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(f) "Wireless telecommunications equipment shelter" means the structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(g) "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.
(h) "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles and lattice construction steel structures.
(Ord. 97-3. Passed 5-5-97.)
1147.03 USE REGULATIONS.
The following requirements and regulations shall apply to all wireless telecommunications facilities located in the City:
(a) Wireless telecommunications facilities to be used to support antennae for use in the provision of cellular telephone, personal communication services, specialized mobile radio, AM and FM radio, microwave and television systems, common carriers and other like distribution systems may be erected above the height limit specified in the Zoning District in which the facility is to be located provided:
(1) The wireless telecommunications tower shall be of monopole or lattice construction;
(2) The wireless telecommunications tower shall not require any guy wires;
(3) The wireless telecommunications tower shall not exceed two hundred feet in height from finished grade to the uppermost point of the tower or of any antennae or lightning rod attached thereto;
(Ord. 97-3. Passed 5-5-97.)
(4) The minimum setback of the wireless telecommunications tower from the nearest residential use or district and from nearest use set forth in Section 1113.02(a)(4) or those accessory uses set forth in Section 1113.02(b)(4) shall be a distance equal to the height of the tower. As used herein, "setback" means the distance from the property line to the nearest part of the tower; (Ord. 99-114. Passed 4-16-01.)
(5) The minimum setback of the wireless telecommunications tower from any use or district other than as set forth in subsection (a)(4) hereof shall be a distance equal to the height of the tower provided that the planning and design commission may modify the setback required herein under such terms and conditions as it determines will protect the public interest where it finds based upon the factual evidence presented that such modification will maintain an appropriate balance between the aesthetics of the City and the need for wireless telecommunications facilities and applicable united states law with due consideration to the population density of the City, the topography of the proposed location and, when possible, will increase the setback set forth in subsection (a)(4) hereof. As used herein, "setback" means the distance from the property line to the nearest part of the tower;
(6) Security fencing eight feet in height shall surround the wireless telecommunications tower and the wireless telecommunications equipment shelter either completely or individually as determined by the Planning and Design Commission;
(7) A comprehensive landscape plan of evergreen hedges or evergreen shrubs to be planted around the security fencing as approved by the Planning and Design Commission is provided to minimize the visual impact at base elevation with existing trees and shrubs to be preserved to the maximum extent possible;
(8) The wireless telecommunications tower shall be painted a non-contrasting gray or similar color approved by the Planning and Design Commission, unless otherwise specifically required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA);
(9) No advertising is permitted on or at the facility; and
(Ord. 97-3. Passed 5-5-97.)
(10) No wireless telecommunication tower under one hundred feet from finished grade shall be lighted except when required by the Chief of Police to assure safety or as required by the FAA. Any such tower between one hundred feet and two hundred feet from finished grade shall have such safety marking and obstruction lighting as prescribed by the FAA or the Chief of Police. Security lighting around the wireless telecommunications equipment shelter is permitted.
(Ord. 98-44. Passed 10-5-98.)
(b) Equipment, mobile or immobile, shall not be stored or parked on or at the site except in connection with the repair or maintenance of the wireless telecommunications facility.
(c) No employees shall be employed on a regular basis at the wireless telecommunications facility installation site; shall visit the facility only for periodic and necessary maintenance or during an emergency, and such facility shall be fully automated and unattended on a daily basis.
(d) All applicable FAA and FCC requirements and regulations are met and written evidence of such is provided to the Planning and Design Commission prior to its approval.
Written evidence of legal access to the wireless telecommunications facility site facility shall be provided by the applicant to the Planning and Design Commission which legal access shall be maintained in perpetuity regardless of any other development that may take place on the site.
(e) A telephone number shall be prominently displayed and maintained at the wireless telecommunication facility of whom is to be contacted in the event of an emergency and shall also be provided to the Mayor, the Building Commissioner, and the Police and Fire Departments of the City.
(f) Any wireless telecommunications equipment shelter shall not exceed two hundred fifty square feet in area and the total square feet of area of all such shelters for any wireless telecommunications facility shall not exceed seven hundred fifty square feet in area. Any such shelter shall not exceed twelve feet in height above finished grade and shall in every instance comply with the yard regulations applicable to the specific zoning district in which the wireless telecommunications equipment shelter is to be located.
(Ord. 97-3. Passed 5-5-97.)
1147.04 INFORMATION TO BE SUBMITTED TO PLANNING AND DESIGN COMMISSION RELATIVE TO NEED.
Any applicant requesting permission to install a new wireless telecommunications tower shall provide evidence of all wireless telecommunications service providers who supply service within one mile of the proposed wireless telecommunications facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. Providers who have been contacted shall be requested to respond in writing to the applicant's inquiry within thirty days. The applicant's letter(s) as well as the responses shall be presented to the Planning and Design Commission prior to its approval as a means of demonstrating the need for the tower. (Ord. 97-3. Passed 5-5-97.)
1147.05 SHARING OF FACILITIES.
Towers shall be shared with other wireless service providers to the maximum extent possible so as to minimize the proliferation of towers within the City. Therefore, in addition to the requirements of subsection (a) hereof, the applicant shall document that both existing and approved towers within the range of the proposed equipment have been surveyed, and shall demonstrate that one or more of the following conditions exists prior to approval by the Planning and Design Commission:
(a) Planned equipment would exceed the structural capacity of existing and of approved towers; (Ord. 99-114. Passed 4-16-01.)
(b) Planned equipment would cause RF interference with either existing or proposed equipment for the existing or the approved tower;
(c) Existing or approved towers do not have space on which to function in parity with similar equipment in the area;
(d) The fees and/or costs for shared use are unreasonable in comparison to the erection of a new tower.
(Ord. 97-3. Passed 5-5-97.)
1147.06 DISCONTINUANCE OF USE.
All providers utilizing towers shall present a written report to the Building Commissioner notifying the Building Commissioner of any tower located in the City whose use will be discontinued and the specific date the use will cease. If at any time from the initial use of the tower the use thereof has been discontinued for one hundred eighty days, the Building Commissioner shall declare the tower abandoned and shall give written notice by certified mail to the last known address of the tower's owner/operator instructing the owner/operator to either reactivate the tower's use within ninety days, or to dismantle and remove the facility. If reactivation or dismantling does not occur within such ninety days, the City shall either remove or contract to have removed such tower and shall assess the owner/operator all costs of such removal.
(Ord. 97-3. Passed 5-5-97.)
1147.07 PERMITTED LOCATIONS.
(a) Wireless telecommunications facilities that include wireless telecommunications towers, are permitted as a sole main use on a zoning lot in a General Business"A", General Business "B", Office Building - "1", Office Building-"2"; and Office Building - "3" Zoning districts subject to the provisions of this chapter and when not in conflict with the provisions of this chapter, Chapter 1137 when the zoning district of the zoning lot is General Business "A" or General Business "B", or of Chapter 1129 when the zoning district of the zoning lot is Office Building - "1", Office Building - "2" or Office Building "3".
(b) A wireless communication facility that includes a wireless telecommunications tower shall be permitted on a zoning lot with an existing main use in a Civic and Recreational District other than those main uses set forth in Section 1113.02(a)(4), or on a zoning lot in a Civic and Recreational District with any accessory use set forth in Section 1113.02(b)(4) and shall be permitted on a zoning lot with an existing main use in a General Business "A" and General Business "B" District other than those main uses permitted pursuant to Section 1137.015, and in Office Building - "1", Office Building - "2" and Office Building -"3" District subject to the provisions of this chapter, and of Chapter 1113 when the zoning district of the zoning lot is Civic and Recreational and of Chapter 1137 when the zoning district of the zoning lot is General Business "A" or General Business "B", and of Chapter 1129 when the zoning district is Office Building - "1", Office Building "2" or Office Building - "3", and in every instance the following conditions:
(1) The existing use on the property is a permitted main use in the zoning district or is a lawful, nonconforming use and, further the main use need not be affiliated, directly or indirectly, with the wireless telecommunications provider. The wireless telecommunications facility shall not be considered an addition to the structure or value of a lawful nonconforming use.
(2) The service access to the wireless telecommunications equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing main use. The applicant shall present written documentation that the owner of the property upon which the main use is located had granted an easement or entered into a lease for the proposed wireless telecommunications facility and that vehicular access is provided to the wireless telecommunications facility.
(c) Wireless telecommunications antennas shall be permitted on a zoning lot with an existing main use in a Civic and Recreational District other than those main uses set forth in Section 1113.02(a)(4), or on a zoning lot in a Civic and Recreational District with any accessory use set forth in Section 1113.02(b)(4) and shall be permitted on a zoning lot with an existing main use in a General Business "A" and General Business "B" District other than those main uses permitted pursuant to Section 1137.015, in Office Building - "1", Office Building - "2 ", and Office Building - "3 " Districts, and in Multi-Family-High-Rise Districts provided that at any such wireless telecommunications antenna attached to an existing structure or building may be erected to a height not to exceed that permitted by the specific height regulations of the district in which the antenna is to be located. If the wireless telecommunications equipment shelter is to be located other than on or attached to a building, vehicular access to the shelter shall not interfere with parking or vehicular circulation on the site for the existing main use and shall otherwise comply with the provisions of this chapter and of the zoning regulations applicable to the zoning district in which the shelter is located which are not in conflict with the provisions of this chapter.
(Ord. 99-114. Passed 4-16-01.)
1147.08 DENIAL OF REQUEST.
Any decision to deny a request to place, construct or modify a wireless telecommunications antennae and/or wireless telecommunications tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning and Design Commission.
(Ord. 97-3. Passed 5-5-97.)
1148.01 DEFINITIONS.
(a) "Accessible electric vehicle charging station" means an electric vehicle charging station where the battery charging station is located within accessible reach of a barrier- free access aisle and the electric vehicle.
(b) "Battery charging station" means an electrical component, assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
(c) "Battery electric vehicle" means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle's batteries and produces zero (0) tailpipe emissions or pollution when stationary or operating.
(d) "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms levels 1, 2, and DC are the most common charging levels, and include the following specifications:
(1) Level 1 is considered slow charging with 120v outlets.
(2) Level 2 is considered medium charging with 240v outlets, charging head and cord hard-wired to the circuit.
(3) DC is considered fast or rapid charging. Voltage is greater than 240v.
(e) "Electric vehicle" means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on- board for motive purposes. "Electric vehicle" includes:
(1) Battery electric vehicle; and
(2) Plug-in hybrid electric vehicle.
(f) "Electric vehicle charging stations (EVCS)" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
(g) "Electric vehicle supply equipment (EVSE)" means any equipment or electrical component used in charging electric vehicles at a specific location. EVSE does not include equipment located in or on the electric vehicles themselves.
(h) "Electric vehicle infrastructure" means conduit/wiring, structures, machinery, and equipment necessary to support an electric vehicle, including battery charging stations and rapid charging stations.
(i) "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
(j) "Electrical capacity" means, at minimum:
(1) Panel capacity to accommodate a dedicated branch circuit and service capacity to install a 208/240V outlet per charger.
(2) Conduit from an electric panel to future EVCS location(s).
(k) "Plug-in hybrid electric vehicle" means an electric vehicle that:
(1) Contains an internal combustion engine and allows power to be delivered to drive wheels by an electric motor;
(2) Charges its battery primarily by connecting to the grid or other off-board electrical source;
(3) May additionally be able to sustain battery charge using an on-board internal- combustion-driven generator; and
(4) Has the ability to travel powered by electricity.
(Ord. 23-16. Passed 5-15-23.)
1148.02 PERMITTED LOCATIONS.
(a) Level 1 and Level 2 EVCSs are permitted in every zoning district, when accessory to the primary permitted use. Such stations located at single-family, two-family, and multiple family districts shall be designated as private restricted use only.
(b) DC EVCSs are permitted in the non-residential districts when accessory to the primary permitted use.
(c) If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered an automobile service station for zoning purposes. Installation shall be located in zoning districts which permit automobile service stations. FPCO 1137.04
(d) The proposed EV charging station shall be located adjacent to the side or rear wall of the main building and shall not front on a public right-of-way except when an EV charging station is setback at least 200 feet from the right-of-way line of the building frontage.
(Ord. 23-16. Passed 5-15-23.)
1148.03 NUMBER OF REQUIRED ELECTRIC VEHICLE CHARGING STATIONS.
(a) All new or reconstructed parking structures or lots with fourteen (14) or fewer parking spaces shall be allowed, but not required, to install EVSE.
(b) All new or reconstructed parking structures or lots with at least fifteen (15) but no more than forty-nine (49) parking spaces, or expanded parking structures or lots that result in a parking lot with fifteen (15) to forty-nine (49) parking spaces, shall install EVSE as required below.
(1) Multiple-family residential land uses shall have at least one (1) or five percent (5%) of required parking as Level 2 stations or better for resident parking (whichever is greater, and rounding up to the next whole number when there is a fraction).
(2) Non-residential and mixed-use land uses with parking spaces available for use by the general public shall have at least one Level 2 station or better.
(c) All new or reconstructed parking structures or lots with at least fifty (50) parking spaces or expanded parking structures or lots that result in a parking lot with fifty (50) or more parking spaces, shall install EVSE as required below.
(1) Multiple-family residential land uses shall have at least one (1) or five percent (5%) of required parking as Level 2 stations or better for resident parking (whichever is greater, and rounding up to the next whole number when there is a fraction), and one DC station for guest parking.
(2) Non-residential and mixed-use land uses with parking spaces available for use by the general public shall have at least two percent (2%) of required parking as Level 2 stations with a minimum of two (2) spaces served by Level 2 charging, with at least one (1) station adjacent to a handicapped accessible parking space. In non-residential zoned districts, DC charging stations may be installed to satisfy the EVCS requirements described above on a one-for-one basis.
(Ord. 23-16. Passed 5-15-23.)
1148.04 REDUCTIONS TO EVSE REQUIREMENTS.
When the cost of installing EVSE required by this chapter would exceed five percent (5%) of the total project cost, the property owner or applicant may request a reduction in the EVSE requirements. The applicant should submit cost estimates or other relevant documentation for Planning Commission consideration. Relief may be granted in the sole discretion of The Fairview Park Planning Commission where the project is under consideration by them. (Ord. 23-16. Passed 5-15-23.)
1148.05 GENERAL PARKING REQUIREMENTS.
(a) Accessible Spaces. A charging station will be considered accessible if it is located adjacent to, and can serve, an accessible parking space as defined and required by the American with Disabilities Act (ADA). It is not necessary to designate the EVCS exclusively for the use of vehicles parked in the accessible space.
(b) Public use EVSE shall be subject to the following requirements:
(1) The EVSEs shall be located in a manner that will be easily seen by the public for informational and security purposes.
(2) The EVSE must be operational during the normal business hours of the use(s) that it serves. The EVSE may be de-energized or otherwise restricted after normal business hours of the use(s) it serves.
(3) Each parking space designated for an EV charging station shall be clearly marked as reserved for EV charging only.
(4) Installation shall comply and be approved by The Fairview Park Planning and Design Commission per FPCO 1159.
(Ord. 23-16. Passed 5-15-23.)
1148.06 EQUIPMENT DESIGN STANDARDS.
(a) Battery charging station outlets and connector devices shall be mounted to comply with state code and must comply with all relevant Americans with Disabilities Act requirements. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.
(b) Electric vehicle charging devices may be located adjacent to designated parking spaces in a garage or parking lot as long as the devices do not encroach into the required dimensions of the parking space (length, width, and height clearances).
(c) The design should be appropriate to the location and use. Facilities should be able to be readily identified by electric vehicle users and blend into the surrounding landscape/architecture for compatibility with the character and use of the site.
(d) Charging stations shall not include overhead canopies.
(e) Charging station equipment shall not exceed eight (8) feet in height.
(f) Installation shall comply and be approved by The Fairview Park Planning and Design Commission per FPCO 1159.
(Ord. 23-16. Passed 5-15-23.)
1148.07 USAGE FEES.
(a) The property owner or manager may collect a service fee for the use of EVSE.
(Ord. 23-16. Passed 5-15-23.)
1148.08 SIGNAGE AND LIGHTING.
(a) The owner shall provide adequate security and lighting for use of the charging station. All proposed lighting shall be in conformance with the lighting requirements outlined in Chapter 1159. Security cameras are recommended.
(b) Any branding or advertising located on the charging station shall be limited to the manufacturer's information and not for advertising of the business or site on which the EV charging station is located.
(c) The location, legend, and mounting height details for any proposed electric vehicle parking sign shall be included on the plans and submitted with the building permit application. (Ord. 23-16. Passed 5-15-23.)
1148.09 PERMITS.
(a) An electrical permit shall be required as part of building permit application prior to installation. Per FPCO 1307
(Ord. 23-16. Passed 5-15-23.)
1149.01 GENERAL PROCEDURE.
(a) Compliance with the provisions of this Zoning Code shall be obtained by:
(1) Building permit and zoning clearance.
(2) Certificate of occupancy upon completion.
(b) Enforcement of the provisions of this Zoning Code shall be obtained by:
(1) Inspection and order for removal of violations.
(2) Liability for failure to comply.
(3) An injunction or other appropriate legal remedy.
(Ord. 67-17. Passed 5-15-67.)
1149.02 BUILDING PERMIT REQUIRED.
No excavation or site improvement shall be started, or no buildings or structure erected, altered or moved until a building permit has been applied for and issued by the Building Commissioner.
Building permits shall be issued only if the work described in the application clearly complies with all provisions of the Building Code, the Zoning Code and all other applicable codes Where such work does not comply, the Building Commissioner shall not have the power or authority to grant variances or make exceptions.
After the Building Commissioner has determined that an application for a building permit meets the requirements of the Building Code, the Zoning Code and all other applicable codes, the permits shall not be issued until:
(c) The Building Commissioner has fixed the reasonable time necessary to complete the building work after taking into consideration the time for completion estimated by the applicant, the nature of the work and the effect, if any, of seasonal and weather conditions.
Should any person have an objection to the issuance of a building permit, such person shall file a written protest with the Building Commissioner prior to the issuance of the permit.
Any permit which has been issued on a misstatement of fact or a misrepresentation of the plans and specifications by the applicant, or issued contrary to the provisions of the Charter, of the Building Code, or of the Zoning Code, shall be null and void.
(Ord. 93-4. Passed 4-5-93.)
1149.03 PERMIT WITHHELD.
A building permit shall not be issued for a residential building on a lot unless the lot complies with all other City ordinances.
(Ord. 67-17. Passed 5-15-67.)
1149.04 REQUIRED DRAWINGS.
Applications for a building permit shall be accompanied by:
(a) A plat showing dimensions of lot to be developed, lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and properly located;
(b) A site plan drawn to scale, showing the location by dimension of proposed and existing buildings, driveways, walks and proposed finished grades, the location, distance to and use of adjacent buildings on adjoining lots, the location and size of the garage for each residential building, whether the garage is included in the application or to be built at a future date;
(Ord. 67-17. Passed 5-15-67.)
(c) Such other drawings, colored renderings, data exterior material samples and other information as may be required by the Planning and Design Commission in accordance with the provisions of the Charter, this chapter and as may be required by the rules of the Commission; and
(Ord. 95-74. Passed 10-16-95.)
(d) Each application shall be accompanied by a fee as established by ordinance.
(Ord. 67-17. Passed 5-15-67.)
1149.05 REVIEW OF APPLICATIONS.
(a) Development Plans Required. Development plan approval shall be required for all new development, site improvements or building additions in the zoning districts or uses listed herein. Any alteration or change in use, construction, landscaping, lighting, change in exterior finish, or color shall be submitted in the zoning districts or uses listed herein. All development plans and changes shall be submitted to the Division of Building for review and for approval by the Planning and Design Commission for the following zoning district: Civic and Recreational, Multi-Family Garden, Multi-Family Hi-Rise, Multi-Family Townhouse, Low-Rise Planned Development, Senior Citizens Housing District, General Business “A”, General Business “B”, Office Building “1", Office Building “2", Office Building “3", Conditional Uses and Condominium Conversion.
(Ord. 03-04. Passed 1-21-03.)
(b) Submittal of Preliminary Plans. Prior to the submission of final development plans the applicant may submit preliminary development plans to the Planning and Design Commission for initial review. The Commission may make, as it deems appropriated suggested corrections, amendments and revisions to the preliminary development plans. The preliminary development plans shall include at least the following items as more fully described in subsection (c) hereof:
(1) Buildings and structures.
(2) Floor plans.
(3) Streets and sidewalks.
(4) Parking and loading areas.
(5) Outdoor storage.
(c) Final Development Plan Requirements. All development plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, or an architect. Development plans shall be drawn at a scale of not less than fifty feet to the inch. The final development plans shall include all of the following items:
(1) Survey. A survey of the property including permanent parcel number(s), land ownership and existing and proposed topography. Final development plans shall also include a plat for the entire development area showing the street right of way, easements, watercourses, retention basins, property line dimensions and bearings; surrounding streets and adjoining lots.
(2) Buildings and Structures. The location, size, height, entrances and access, use or proposed use, general design, color and exterior facade material samples of all main and accessory buildings or structures, proposed and existing, and proposed and existing fences or walls. The plan shall also indicate the location and outline of buildings on adjoining lots.
(3) Floor Plans. Floor plans drawn to scale, dimensioned and labeled indicating the proposed uses of all building areas.
(4) Streets and Sidewalks. The proposed public and private system of circulation including automobiles, delivery vehicles, emergency vehicles and pedestrian details, including pedestrian plazas, connection to existing streets and rights of way; curbs; proposed or existing methods of traffic control, size and type of pavement, estimate of traffic volume and, when applicable, proposed names of any street.
(5) Parking and Loading Areas. The layout, location, dimensions and estimate of number of spaces, type of pavement, curbing, design features and landscaping in parking and loading areas.
(6) Utilities. Preliminary on-site utilities including water lines, fire hydrants, sanitary sewers and storm sewers, including easements and connection to existing or proposed utility service to the project.
(7) Outdoor Storage. The location and layout for all areas of all permitted storage or display of any material, vehicle, waste material, products or container for storage including storage enclosures.
(8) Signs. The location, size, height, design and material for all signs to be placed on the property or the outside surfaces of all structures.
(9) Landscaping and Lighting. The design and location of all existing and proposed landscaping areas, open spaces, retention areas, yards including names and sizes of all proposed and existing plant material; the location, height, design and specifications of exterior lighting.
(10) Buffering. The location, size, height and types of plantings and/or screening to be used in compliance with the requirements of the Zoning Code and/or plantings as may be required by the Planning and Design Commission to separate, screen and/or protect adjoining property.
(11) Grading; Drainage. A topographic plan indicating existing and proposed grading, catch basins, drainage, drainage structures, retention systems, ditches, drain sizes, easements and, if required, engineering documents and drainage calculations.
(d) Submission of Final Development Plans. After the preparation of the final development plans pursuant to subsection (c) hereof, a sufficient number of sets as required by the Division of Building shall be submitted to the Division accompanied by an application form, the applicable application fee and a letter describing the proposal. The Building Commissioner or his assignee shall review the plans for completeness to the applicable Zoning Code requirements. Within thirty days of submittal the Commissioner shall notify the applicant if the submitted plans are complete and accepted by the Division for Planning and Design Commission review and action. Acceptance of the plan by the Building Commissioner shall not be deemed as an approval of the plan by or on behalf of the City nor does such acceptance of the plan waive the right of the Division of Building or the Planning and Design Commission to request additional documentation, information or detail during their review. Development plans shall be distributed to applicable departments as deemed appropriate by the Commissioner or as required by the rules of the Commission for review and comment. The Commissioner shall notify the applicant of deficiencies in the submitted plan, compliance or noncompliance to the Zoning Code or other codes of the City, other department concerns and make recommendations which would improve the development plan. Any recommendation made by the Building Commissioner is not exclusive or final. The Planning and Design Commission may make additional recommendations as provided in this section. After review by the Building Commissioner, the applicant may submit revised or amended plans for submission to the Commission.
(e) Planning and Design Commission Review. After submittal of complete plans and review by the Division of Building for compliance to the Zoning Code pursuant to subsection (d) hereof, the development plan application shall be placed on the Commission agenda as soon as is practicable. The Commission shall review the plans taking into account the spirit and intent of the Zoning Code, the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to any adopted plan or concept of the City.
Within ninety days from the date of the Commission meeting at which all required plans and data were first considered by the Commission, the Commission shall either approve the submitted plan, approve a modified development plan or disapprove the development plan, unless the applicant shall consent to an extension of the time limitation set forth herein. In the event the applicant chooses to withdraw the application, the time limitation of this section shall only apply and commence to run if such application is again presented to the Commission as required herein. If the Commission disapproves the development plans the Commission shall indicate in its minutes the reason for disapproval. Action by the Commission shall be deemed to be final from which an appeal may be taken by the applicant, any elected official of the City or by any aggrieved or affected person in accordance with the provisions of Chapter 1153.
Building plans, engineering plans and all drawings shall comply with the approved development plans and other applicable regulations of the City.
Any deviation or change in a development plan approved by the Planning and Design Commission shall be subject to approval by the Commission.
The Commission may adopt procedures for the filing and processing of applications as are not in conflict with this section or any other ordinance or resolution of the City. No provision of this section shall be interpreted or applied in any manner which limits the authority or the ability of the Commission to obtain any review or recommendation regarding any development proposal before it from any person it deems necessary or appropriate.
(f) Modifications by the Planning and Design Commission. Where the Planning and Design Commission is authorized under the provisions of the Zoning Code to effectuate modifications thereof, the Commission shall apply all of the following in addition to such specific provisions as may be set forth in other provisions of the Zoning Code:
(1) Modifications for dimensional standards in the Zoning Code shall be designed to provide better utilization of the land and may be offset by the imposition of greater standards in other areas of the Zoning Code.
(2) Modifications shall be designed to protect the desirable characteristics of both existing and planned development of adjacent properties.
(3) Modifications shall promote the desirable and beneficial use of the land and promote the beneficial economic development of the City.
(4) Modification shall maintain convenient and safe access to properties and buildings.
(5) Modification shall promote effective open space buffering and landscaping by location of buildings relative to adjacent buildings or site features.
Where the applicant requests modifications to one or more standards of the Zoning Code, the Planning and Design Commission may recommend and request modifications to increase other standards to offset the request of the applicant. If modifications made by either the Commission and those requested by the applicant which are subsequently approved by the Commission, the modifications shall be made a part of the development plans and indicated on the revised plans. The applicant and/or his assigns shall be bound by such modifications.
(g) Legal Interpretation Required. Whenever a development proposal requires a legal interpretation, all necessary documents shall be submitted to the Law Department of the City for its review. Such submission shall be made by the secretary of the boards and commissions of the City, the Building Commissioner or by the board or commission requesting such legal interpretation. Such interpretation shall be furnished in a timely manner and shall be considered by the board or commission requesting such interpretation but shall not be considered as binding upon the requesting board or commission.
(h) Issuance of Building Permit. Upon receipt or all required recommendations and approvals as required by all applicable codes of the City and upon a determination that all drawings, specifications, and required documents are in accordance and compliance with the final action of the Planning and Design Commission, the Building Code, the Fire Prevention Code, the Charter of the City, and all other applicable laws, ordinances and resolutions of the City, and that the fee(s) required by Chapter 1307 have been paid, the Building Commissioner shall issue a building permit as provided herein.
(i) Application of Zoning Code Provisions. The provisions to the Planning and Zoning Code in both its interpretation and its application shall be held to be the minimum requirements necessary for the protection and promotion of the public health, safety, peace and welfare and shall be liberally construed in such manner so as to further and ensure the underlying purposes, objectives and intent of the Zoning Code.
(j) Lapse of Approval. An approval or an approval with modifications of a development proposal by the Planning and Design Commission shall not be withdrawn or changed unless there is a change of circumstances, or unless such withdrawal or change is made pursuant to the rules of the Commission, or if after the expiration of one year, no substantial construction is done in accordance with the plans for which such approval or approval with modifications was given. Should any of the foregoing be the case, the approval or approval with modifications of the development proposal shall be deemed null and void and review and approval of the development pursuant to each and every applicable provision of this section and the applicable provisions of the Zoning Code shall be required prior to the commencement of construction.
(Ord. 95-74. Passed 10-16-95.)
1149.055 WETLANDS REGULATIONS.
For any property proposed to be developed in excess of one acre, if the property to be developed contains "wetlands" as defined in 33 C.F.R. Part 328(B) of the Code of Federal Regulations and as further shown on the then current wetland map of the City on file in the Division of Building, then, in addition to the other requirements set forth in Section 1149.05, the applicant shall submit to the Division of Building an individual permit or letter of no jurisdiction from the U.S. Army Corps of Engineers before the application is reviewed by the Planning and Design Commission.
(Ord. 95-74. Passed 10-16-95.)
1149.06 CERTIFICATE OF OCCUPANCY.
(a) Certificate of Occupancy Application. A certificate of occupancy shall be applied for by the owner or his agent and shall be issued by the Building Commissioner as a condition precedent to the occupancy of the following types of building and land use:
(1) Use of building erected or altered. A certificate of occupancy for the erection of a new building or for the alteration of an existing building shall be applied for at the same time as the application for a building permit, and such certificate shall be issued only after the erection or alteration of such building or a component thereof, has been completed and found, by inspection, to be in conformity with the provisions of this Zoning Code. The applicant for building permit, owner and/or agent shall be held responsible for completing the work until the certificate of occupancy is issued. Pending the issuance of a regular certificate, a temporary certificate for partial occupancy of a building may be issued for a period not exceeding 120 days, during which time alterations are being made or a dwelling completed.
(2) Change in use of conforming building or land. A certificate of occupancy shall be required for the use of vacant land or for a change in the use of a conforming building or land, and shall be issued, when found by inspection to be in conformity with provisions of this Zoning Code.
(3) Change in use of nonconforming building or land. A certificate of occupancy shall be required and issued whenever a nonconforming use of building or land is changed to either a conforming use or a more restrictive nonconforming use.
(b) Certificate for Existing Building or Land Use. Upon application by the owner, the Building Commissioner shall inspect a building or tract of land and shall issue a certificate of occupancy therefor certifying:
(1) The use of the building or land; and
(2) Whether such use conforms to all the provisions of this Zoning Code.
(c) Application.
(1) When not accompanying an application for a building permit, applications for a certificate of occupancy shall be submitted separately, accurate information given by the owner, or his agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or buildings, and all such information as may be included on a printed form approved by the Planning and Design Commission to be furnished by the City.
(2) A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 67-17. Passed 5-15-67.)
1149.07 ENFORCEMENT; STOP WORK ORDER.
The duty of enforcing the provisions of the Zoning Code is hereby conferred upon the Building Commissioner, and the Building Commissioner may promulgate such rules and regulations to supplement the Zoning Code provided such rules and regulations are consistent with the Zoning Code.
(a) The Building Commissioner is hereby empowered to inspect, examine and to order, in writing, the remedying of any condition found to exist in violation of any provisions of this Zoning Code. After such order is served or posted on the premises; no work, except to correct or comply with such violation, shall proceed on any building or tract of land included in the violation.
(b) A failure to obtain a building permit or a failure to obtain a certificate of occupancy as required by Section 1149.06
shall constitute a violation of this Zoning Code.
(c) Building permits or certificates of occupancy issued on the basis of plans and applications approved as required by any applicable law, ordinance, resolution, rule or regulation applicable to such plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications or approved amendments thereto, and no other use, arrangement or construction at variance with that authorized and approved shall be deemed a violation of this Zoning Code.
(d) For any permit issued pursuant to and in accordance with Section 1149.02
, all work shall be completed within the time fixed by the Building Commissioner at the time such permit is issued. Upon written application, the Building Commissioner may extend the completion date for delays caused by conditions beyond the control of the owner or contractor or for other good and sufficient cause. Failure to complete the work within the time initially fixed by the Building Commissioner, or within the time extended by the Building Commissioner shall constitute a violation of this Zoning Code.
(e) Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint with the Building Commissioner. Such complaint shall state fully the causes and basis thereof. The Building Commissioner shall promptly record such complaint, immediately investigate same, and take such action thereon as provided by this Zoning Code, if appropriate.
(Ord. 93-4. Passed 4-5-93.)
1149.08 CONVERSION CONDOMINIUM REVIEW.
(a) At the next regular meeting following twenty days after submission of the filings required by Section 1361.05(a), the Planning and Design Commission shall hold a public meeting on the issue of whether or not conversion shall be permitted to proceed. Notice of the public meeting shall be given in accordance with Section 137.02 including to all tenants of the proposed conversion condominium development. The Commission shall determine from evidence adduced by all interested persons at the meeting if the proposed conversion condominium development meets all of the following standards:
(1) That the conversion if permitted to proceed shall not reduce the then current vacancy rate to less than four percent (4%) for remaining rental units within the City;
(2) That the conversion shall not substantially reduce the availability of rental housing within the City for the elderly, the handicapped and low or moderate income families;
(3) That the public offering statement meets the requirements of Section 1361.06;
(4) That the notices required by Section 1361.08 of the Codified Ordinances have been given; and
(5) That the purposes of Chapter 1361 have been fulfilled.
(b) The Commission shall make its determination within forty-five days of the meeting. The Commission shall in its determination state separate findings as to each of the standards in subsection (a) (1) through (5) hereof.
(c) For purposes of the determination required by this section a unit in a condominium development shall not be deemed rental housing unless such unit is held and available for immediate lease or rental and occupancy.
(d) For purposes of this section it shall be prima facie evidence of the vacancy rate that rate established by the Building Commissioner within six months prior to the submission of the filings required by Section 1361.05(a).
(e) Should the determination of the Commission disapprove the proposed conversion condominium development, all filings required by Section 1361.05(a) shall be returned to the developer within seven days.
(Ord. 95-74. Passed 10-16-95.)
1149.09 BUSINESS AREA CONCEPT PLAN.
(a) In order to supplement the regulations, standards and criteria of the Zoning Code, the Planning and Design Commission may prepare Concept Plans for the design, development and redevelopment of business, commercial, office building and industrial areas, and for coordinating the proposed development/redevelopment with the surrounding neighborhood.
(b) Such Concept Plans shall be developed in accordance with the objectives, intent and any applicable provisions of the Zoning Code. After such plans are duly adopted, after public hearing, by the Planning and Design Commission, and approved by Council, any new construction, additions to or alterations of, or rebuilding of such a business, commercial, office building and industrial area, or part thereof, and the proposed design shall be in compliance with the Concept Plan for the area. Such plans may be modified subject to the same requirements and procedure as initial adoption should circumstance or condition so warrant.
(c) Such Plans when adopted or modified shall not adversely affect to any substantial extent the use, enjoyment and value of nearby property, particularly property in a residential district, whether developed or not; shall result in the least possible burden of City services and facilities and the highest possible return to the City from tax revenues; shall provide for the economic and other advantages that result from planned and coordinated development; and shall be consistent with the improvement and enhancement of the predominantly residential character of the City; all of which are essential to the protection and enhancement of the health, safety, property and welfare of the City, its residents and its commerce.
(Ord. 84-61. Passed 1-7-85; Ord. 95-74. Passed 10-16-95.)
1149.10 BUILDING AND ENVIRONMENTAL DESIGN CRITERIA.
In addition to the provisions of Section 1149.05, the Planning and Design Commission shall review proposed developments in accordance with the following provisions so as to encourage the benefits of good community appearance:
(Ord. 95-74. Passed 10-16-95.)
(a) Basis for Review.
(1) The quality of the design of buildings and the relation of buildings to each other and to open space interact and affect both the environment and neighborhood values. The value and usefulness of each parcel of land is vitally affected by the use and design of buildings and land and generally affects the values of the entire community.
(2) New developments, if not properly related, may impair the appearance and value of both improved and unimproved real property and may prevent the most appropriate development of land and may cause attendant depreciation of community values. A degree of conformity of use and appearance stabilizes and assures the value of land and the welfare of the entire community. Each new development, therefore, should be designed to be beneficial and enhance the use of each development.
(b) Building Design Criteria.
(1) An underlying architectural character should prevail throughout each neighborhood and area. There should be some repetition of basic elements through harmony of color, materials and a common scale. Each individual building should express its function; moreover, it should have an identity, individual character and variety in the overall design.
(2) It may be found that the proposed design is incompatible and inappropriate in relation to other existing buildings or buildings for which a permit has been applied for or issued in respect to significant design features such as disharmonious compositions, color or texture of exterior wall and roof materials or quality of architectural design. While there should always be creative variety in the placement, size or bulk of buildings in each neighborhood, there should, however, also be an underlying unity or design.
(c) Environment Design Criteria.
(1) All new buildings and developments shall be brought together into an orderly arrangement with the landscape and nature, other buildings, open areas and surroundings. This should not result in uniformity of style or subordination to existing buildings, except where the overall composition needs a dominant feature. There should be a harmonious transition from the proposed building to adjacent buildings and open space; also a transition in scale between diverse uses at the boundaries.
(2) Not only the present, but also desirable future designs and surroundings should be considered in the composition of new buildings. Possibilities of making gradual improvements to the appearance of existing parts of the community should always be considered.
(Ord. 84-62. Passed 1-7-85.)
1149.11 CONDITIONAL USE PERMITS.
The Planning and Design Commission, with approval of Council, may grant conditional use permits only for specific uses established in this Zoning Code. In granting a conditional use permit, the Commission shall make a determination based on information presented that the conditional use shall conform to the intent of the Code, and meet the conditions and safeguards established in this Code. To approve a conditional use permit, the Commission shall find:
(a) The proposed use is specifically listed in the zoning district regulations;
(b) The proposed use shall be properly located in relation to land use, pedestrian circulation and street plans of the City;
(c) The location, extent, intensity and layout of the proposed use shall be such that its operations are not objectionable to adjoining and abutting residences by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibrations, glare or other objectionable features greater than normal or as permitted in the applicable zoning district;
(d) The location, design and operation of the proposed use at the specific location would not discourage or interfere with appropriate development or impair the full utilization of the surrounding uses and properties;
(e) The proposed use meets the specific development conditions as specified in the district regulations which permit such use; and
(f) The proposed use shall form a harmonious part of the district in which it is to be located, taking into account, among other considerations, convenience of access, relationship of use, and hours of operation and concentration of vehicles which shall not be more hazardous or dangerous than the normal traffic of the district. (Ord. 86-22. Passed 4-4-88.)
1149.12 REVOCATION OF CONDITIONAL USE PERMIT.
A conditional use permit shall become null and void if construction of the proposed use has not begun within one year after approval by the Planning and Design Commission and Council. The Commission with approval of Council may revoke a conditional use permit upon finding that the use does not comply with the Zoning Code or the conditions specified therein. Upon revocation of a conditional use permit, all buildings and uses shall conform to the standards and requirements of permitted main and accessory uses established for the zoning district.
(Ord. 86-22. Passed 4-4-88.)
1149.13 CHILD DAY CARE SERVICE IN RESIDENTIAL DISTRICTS.
(a) As used in this section:
(1) "Child day care service" means the service of a provider in administering to the needs of infants, toddlers, preschool children and school children outside of school hours, by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any part of a twenty-four hour day in the permanent residence of the provider, which service is provided for a remuneration or other consideration for infants, toddlers and children who are unrelated to the provider.
(2) "Provider" means an adult person or persons who provides child day care service, and who owns or is the lessee or tenant of the premises.
(3) "Unrelated" means a relationship with the child other than natural parent, natural guardian, legal guardian, legal custodian, legal adoption or a relationship by blood or by marriage.
(b) Child day care service shall be limited to six children at one time, no more than three of whom may be under two years of age at one time. In counting children for the purposes of this subsection, any children who are unrelated to the provider and any children under six years of age related to the provider who are on the premises shall be counted.
(c) Child day care service shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
(d) The Building Commissioner and the Chief of the Fire Prevention Bureau or their respective designees shall inspect and approve that the area of the premises to be used for child day care service is in accordance with the applicable standards of the Housing Code and Fire Prevention Code as to the use of the area for child day care service. Inspections shall be conducted semi-annually and at such other times as may be appropriate. The child day care service shall occupy and be limited to the area of the premises approved by the Building Commissioner and Chief of the Fire Prevention Bureau. The provider of the child day care service shall apply to the Building Commissioner and the Chief of the Fire Prevention Bureau for an inspection no later than sixty days after commencement of the service. It shall be the duty of the provider to cause the area of the premises to be used for child day care service to be accessible for inspection during regular business hours of the City.
(e) Any outdoor play area shall be enclosed on all sides by a fence, building wall or other structure, or landscaping so as to provide for safe outdoor play.
(f) The child day care service provider shall be responsible for compliance with all applicable City ordinances and State and federal statutes and regulations.
(g) The provisions of this section shall apply to any residential premises used, maintained or arranged for child day care service. In addition to the provisions of this section, any child day care service shall be subject to all other provisions of the Zoning Code applicable to the specific premises.
(h) Except as otherwise permitted by Chapter 1145, the operation of such service shall not be advertised by any sign on the dwelling or lot.
(Ord. 89-99. Passed 4-2-90.)
1149.14 FAMILY AND GROUP HOMES.
(a) A family home for the mentally retarded or developmentally disabled is a permitted use in one- and two-family districts provided that all of the requirements set forth in this section are met. A family home or group home for the mentally retarded or developmentally disabled is a permitted use in multi-family districts provided that all of the requirements set forth in this section are met.
(b) The terms "developmental disability", "developmentally disabled person", and "mentally retarded person" shall have the same meanings as provided in Ohio R.C. 5123.01. The terms "family home" and "group home" shall have the same meanings as provided in Ohio R.C. 5123.19. The term "family home" shall include "foster family home" as the latter term is defined in Ohio R.C. 5123.19.
(c) Every person desiring to operate a family home or a group home shall apply for licensing of the facility to the Director of Mental Retardation and Developmental Disabilities of the State of Ohio.
(d) Each individual, group or agency operating a family home or group home, approved as provided in this section, shall inform the Building Commissioner and the Clerk of Council of the renewal, expiration, termination or revocation of any license, approval or certification issued by any county, state or federal agency and shall inform the Building Commissioner and the Clerk of Council of any change in the identity of the individual, group or agency operating such a family home or group home not less than thirty days prior to such change. The Building Commissioner shall verify not less than annually that any license, approval or certification issued by any county, state or federal agency remains in full force and effect.
(e) Persons in the following categories shall not be admitted to or remain in a family or group home as residents or employed whether for compensation or otherwise in the home:
(1) A non-developmentally disabled person with a felony criminal record.
(2) Persons with communicable diseases.
(3) Persons found incompetent to stand trial or not guilty by reason of insanity of a felony criminal offense.
(4) Persons who constitute a reasonably foreseeable danger to the community or themselves.
(5) Persons who use or who are addicted to a controlled substance, or a drug of abuse or who abuse alcohol.
(f) The following conditions for occupancy shall apply to family and group homes in the City:
(1) A family home or group home shall conform to and shall be maintained in accordance with all applicable City, County and State Codes, including, but not limited to, health, safety and fire prevention regulations. The family home or group home shall provide not less than the minimum floor area per person as required by the Housing and Building Codes of the City.
(2) Space and equipment requirements shall strictly adhere to and comply with the State of Ohio's Department of Mental Retardation and Developmental Disabilities standards as set forth in the Ohio Administrative Code.
(3) Such homes shall contain smoke detectors and fire extinguishers on each floor, to be placed as prescribed by the Chief of the Fire Prevention Bureau of the City.
(4) Signs or other means of identification as a family or a group home shall not be permitted.
(5) Central kitchen and dining facilities shall be provided.
(6) Except as otherwise provided in this section, any family or group home shall conform to and shall be maintained in accordance with the area, height, yard, fence, sign and off-street parking requirements and regulations of the Zoning District in which the family or group home is located.
(7) No family or group home shall be located within 1,000 feet of any other family or group home.
(g) Each family and group home shall be inspected semi-annually by the Division of Building and the Fire Department of the City.
(h) Upon notice from the State of Ohio of the proposed issuance of license for a family home or group home, an information application shall be filed with the Division of Building and the Clerk of Council by the individual, group or agency intending to operate the family home or group home. Such application shall include the following information:
(1) The name, address and telephone number of the operator;
(2) The name, address and telephone number of the operator's sponsoring individual, group or agency;
(3) The address of the home;
(4) The projected capacity of the home; classification of disability, and types of clients served;
(5) The timing of any certificate or license renewal process and dates;
(6) The experience of the sponsoring individual, group or agency of the applicant, and of the supervisory personnel, including references;
(7) The number and type of personnel to be employed at the home;
(8) A description of the admissions policy, procedures and committee membership to be utilized for persons desiring to reside in the home; and
(9) Any other information required by the Building Commissioner or the Fire Chief necessary to assure public health, safety and welfare or the health, safety and welfare of the residents of the home.
(i) Occupancy as a family home or a group home shall not be considered as a change of use of a building which had been used for residential purposes immediately prior to its use as a family or group home. The owner, lessee, licensing agency, or operator may not change the use permitted by this section without review and approval by the appropriate Boards and Commissions as otherwise required by law. (Ord. 91-49. Passed 10-7-91.)
1149.15 ADULT CARE FACILITIES.
(a) An adult family home is a permitted use in one- and two-family districts provided that all of the requirements set forth in this section are met. An adult family home or an adult group home is a permitted use in multi-family districts provided that all of the requirements set forth in this section are met.
(b) The terms "adult family home", "adult group home", "adult care facility", "personal care services", "unrelated", "owner", and "manager" shall have the same meanings as provided in Ohio R.C. 3722.01. The term "adult" means an individual fifty-five years of age or older.
(c) Every person desiring to operate an adult family home or an adult group home shall apply for licensing of the facility to the Director of Health of the State of Ohio.
(d) Each individual, group or agency operating an adult family home or an adult group home, approved as provided in this section, shall inform the Building Commissioner and the Clerk of Council of the renewal, expiration, termination or revocation of any license, approval or certification issued by any county, state or Federal agency and shall inform the Building Commissioner and the Clerk of Council of any change in the identity of the individual, group or agency operating such adult family home or adult group home, of the manager of such adult family home or adult group home, of the owner of such adult family home or adult group home, and of the sponsor, if any, of such adult family home or adult group home not less than thirty days prior to such change. The Building Commissioner shall verify not less than annually that any license, approval or certification issued by any county, state or Federal agency remains in full force and effect.
(e) No caregiver, family member of a caregiver residing in the home, or any person employed by the caregiver in the home whether for compensation or otherwise shall:
(1) Have a felony criminal record.
(2) Have a communicable disease.
(3) Have been found incompetent to stand trial or not guilty by reason of insanity of a felony criminal offense.
(4) Constitute a reasonably foreseeable danger to the community or themselves.
(5) Be addicted to a controlled substance or a drug of abuse or abuse alcohol.
(f) No person unrelated to the caregiver shall be admitted or remain as a resident of an adult family home or an adult group home if:
(1) Such person is not capable of self-administering all medication as required by Ohio R.C. 3722.011.
(2) The mental, emotional or physical condition of the person requires a level of care that the facility is unable to provide.
(3) The person has a communicable disease.
(4) The person has been found incompetent to stand trial or not guilty by reason of insanity of a felony criminal offense.
(5) The person is addicted to a controlled substance or drug of abuse, or abuses alcohol.
(g) The following conditions shall apply to adult family homes and adult group homes in the City:
(1) Such home shall conform to and shall be maintained in accordance with all applicable City, County and State codes, including, but not limited to, health, safety and fire prevention regulations. The adult family home or adult group home shall provide not less than the minimum floor area per person as required by the Housing and Building Codes of the City.
(2) Such homes shall strictly adhere to and comply with the basic requirements, the bedroom requirements, bath and shower requirements, homemaker services, personal care and medical requirements, and the social, recreational and religious activities as set forth in the Ohio Administrative Code regardless of whether such homes receive State or County assistance and which are not otherwise in conflict with another provision of this section.
(3) In addition to the automatic sprinkler system required by Ohio R.C. 3722.041, such homes shall contain smoke detectors and fire extinguishers on each floor, to be placed as prescribed by the Chief of the Fire Prevention Bureau of the City.
(4) Signs or other means of identification as an adult family home or an adult group home shall not be permitted.
(5) Central kitchen and dining facilities shall be provided.
(6) Except as otherwise provided in this section, any adult family home or adult group home shall conform to and shall be maintained in accordance with the area, height, yard, fence, sign and off-street parking requirements and regulations of the Zoning District in which the adult family home or adult group home is located.
(7) No adult family home or adult group home shall be located within one thousand feet of any other adult family home or adult group home.
(8) Any person designated in Ohio R.C. 3722.15 may enter any adult care facility during reasonable hours.
(h) Each adult family home and adult group home shall be inspected semiannually by the Division of Building and the Fire Department of the City.
(i) Upon notice from the State of Ohio or Cuyahoga County of the proposed issuance of a license for an adult family home or an adult group home, an information application shall be filed with the Division of Building and the Clerk of Council by the individual, group or agency intending to operate the home. Such application shall include the following information:
(1) A copy of the statement of ownership submitted to the Director of Health pursuant to Ohio R.C. 3722.02;
(2) The name, address and telephone number of the manager;
(3) The name, address and telephone number of the manager's sponsoring individual, group or agency;
(4) The address of the home;
(5) The projected capacity of the home;
(6) The timing of any certificate or license renewal process and dates;
(7) The experience of the manager, of the sponsoring individual, group or agency of the manager, and of the supervisory personnel, including references;
(8) The number and type of personnel to be employed at the home;
(9) A description of the admissions policy, procedures, and committee membership to be utilized for persons desiring to reside in the home; and
(10) Any other information required by the Building Commissioner or the Fire Chief necessary to assure public health, safety and welfare or the health, safety and welfare of the residents of the home.
(j) Occupancy as an adult family home or an adult group home shall not be considered a change of use of a building which had been used for residential purposes immediately prior to its use as an adult family home or an adult group home. The owner, lessee, licensing agency or manager may not change the use permitted by this section without review and approval by the appropriate boards and commissions as otherwise required by law.
(Ord. 91-99. Passed 11-4-91.)
1149.99 PENALTY.
Except as otherwise specifically provided for, whoever violates any of the provisions of this Zoning Code, or fails to comply therewith, or with any requirements thereof, or fails, neglects or refuses to comply with any order of the Building Commissioner or authorized representative issued under the powers of such office as stated in Section 133.01(a) shall, for each and every such violation or noncompliance, be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days or both, for each offense. Each day's continued violation or noncompliance shall constitute a separate offense.
(Ord. 92-70. Passed 10-19-92.)
1153.01 COMPOSITION, POWERS AND DUTIES.
(a) The composition, powers and duties of the Board of Zoning and Building Appeals are set forth in Article VII, Subsection 1 of the City Charter.
(b) The purpose of the Board of Zoning and Building Appeals, herein referred to as the Board, shall be to decide any judicial question involving the interpretation of provisions of this Zoning Code, and to grant variances from the strict letter of this Zoning Code in instances of unnecessary hardship, but not to alter provisions of this Code or change the district boundaries of the Zone Map, which shall be the function of Council only.
(Ord. 67-17. Passed 5-15-67.)
(c) Pursuant to Article VII, Section 1 of the Charter, under no circumstances shall the Board of Zoning and Building Appeals grant a variance, appeal or exception so as to permit or allow a main or accessory use not permitted under the terms of the Zoning Code in the district involved, or a main or accessory use expressly or by implication prohibited by the terms of the Zoning Code in such a district.
(Ord. 84-22. Passed 6-18-84.)
1153.02 PROCEDURE FOR FILING APPEALS.
No appeal shall be entertained by the Board of Zoning and Building Appeals unless:
(a) There is a request for an exception to or variance in the application of the Zoning or Building Codes or in the application of ordinances, resolutions or orders, requirements, rules, regulations, decisions or determinations of administrative officials or agencies in regard to the Zoning or Building Codes; or
(b) It is alleged there is an error in:
(1) Any final order, adjudication, requirement, decision or determination of the Building Commissioner or other administrative official relating to the enforcement, interpretation or administration of the Building or Zoning Codes; or
(2) Any final order, adjudication, requirement, decision or determination of the Planning and Design Commission in the application or interpretation of the provisions of the Zoning Code, to any matter before it; or
(c) Within fifteen days of the mailing of, or in the absence of mailing, the delivery in writing of, the final order, adjudication, requirement, decision or determination from which the appeal is taken or request for exception or variance is sought, an application for appeal or request for exception or variance has been filed with the Secretary of Boards and Commission; and
(d) The application for appeal or request for exception or for variance shall include, where applicable, reference to the final order, adjudication, requirement, decision, determination or ordinance, resolution, rule or regulation, or the applicable provision or provisions of the Zoning or Building Code from which the appeal is made, or request for exception or variance sought, and all necessary supporting data in accordance with the form provided and this chapter; and
(e) The payment of the fee established by Chapter 1307 of the Codified Ordinances, shall accompany the application.
(f) Where an appeal to another body is not otherwise specifically provided for, appeals to the Board may also be entertained from any final order, adjudication, requirement, decision or determination of the Director of Public Service and Development or any other administrative official relating to the enforcement, interpretation or administration of the Business Regulation Code, Title One of the Streets, Utilities and Public Services Code, and the Fire Prevention Code committed specifically or implicitly to the charge, direction or supervision of the Director or other administrative official. Such appeals shall be governed by the provisions of subsection (c) and (e) hereof and shall also include the final order, adjudication, requirement, decision or determination from which the appeal is taken and a narrative statement that explains and supports the appeal.
(Ord. 87-47. Passed 4-4-88.)
(g) The Board of Zoning and Building Appeals, after notice and hearing, may reverse or affirm, in whole or in part, or modify, any such order, adjudication, requirement, decision or determination and make such judgment as in its opinion ought to be made in accordance with law.
(Ord. 91-92. Passed 12-16-91.)
1153.03 MEETINGS.
(a) If an appeal is received, the Board of Zoning and Building Appeals shall act within ninety days after such receipt; failure to act within such period shall be considered approval. Before making any decision on an appeal, the Board shall hold a public meeting or meetings at such times as shall be determined by the Board itself. Special meetings can be arranged at the call of the Chair and as may be provided in the rules of the Board.
(Ord. 94-88. Passed 12-5-94.)
(b) The Secretary of the Board is hereby directed to send notification, of the date, time, place and subject matter of Board meetings and of the fact that the detailed plan or amendment thereto to be considered is on file in the Division of Building and available for inspection, by regular U.S. mail to any person, firm or corporation owning premises located within 200 feet of the lot line of the premises which are the subject matter of any meetings, or 300 feet if the subject matter pertains to a development application requiring Planning and Design Commission approval, as well as to the appellant at least seven days but not more than fourteen days before the date of such meeting and to publish such notification at least three days prior thereto in a newspaper of general circulation in the City. Such 200 or 300 feet distance shall be measured from the lot line nearest the affected person, firm or corporation as their interest appears in the current real estate records located in the Division of Building.
(c) The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
(Ord. 84-63. Passed 12-3-84.)
1153.04 QUORUM AND VOTE.
(a) A quorum shall consist of three members, and the concurring vote of three members of the Board of Zoning and Building Appeals shall be necessary to affirm or reverse any order, requirement, decision or determination of any duly authorized administrative officer.
(b) A member of the Board shall not be qualified to vote if he has not attended the public hearing or if he has a direct or indirect interest in the issue appealed.
(Ord. 67-17. Passed 5-15-67.)
1153.05 RECORD OF DECISIONS.
(a) The Board of Zoning and Building Appeals shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, which shall include a specific finding on each of the standards set forth in Section 1153.06 as they apply in each specific case as a prerequisite for the granting of a variance, modification or exception; the vote of each member participating therein; and the absence of a member or his failure to vote. Such a record, immediately following the Board's decision, shall be filed in the office of the Building Commissioner and a copy thereof filed with the Clerk of Council. Such a record is a public record and shall be available for inspection during the normal business hours of the Division of Building.
(b) Special conditions that may be prescribed by the Board in its decisions shall be incorporated by the Building Commissioner on any building permit issued subsequently in accordance with such decisions.
(Ord. 80-77. Passed 12-1-80.)
1153.06 STANDARDS FOR GRANTING VARIANCES.
The Board of Zoning and Building Appeals shall have the power to vary the application of any provisions of this Zoning Code in terms of the following standards so that public health, safety, morals and general welfare may be safeguarded and substantial justice done:
(a) Where the literal application of the provisions of the Zoning Code would result in unnecessary hardships. Hardships which are unavoidable if the purpose and intent of the Zoning Code are to be realized, such as a theoretical loss or limiting possibilities of economic advantage, are general hardships, not unnecessary hardships. Likewise, an unnecessary hardship cannot be based on conditions created by the owner. It shall be found that there are peculiar and special hardships applicable to the property involved which are separate and distinct from any general hardship prevailing in the use district; or
(b) Where unusual or exceptional circumstances or conditions (practical difficulty) inhere in and apply only to the property involved or sought to be built upon or used, and do not apply to other property within the same use district. The mere fact that the owner of one parcel might apply prior to the owners of other parcels in the same area would not give the owner a right to a variance and thus grant a special privilege to an individual, when such variance would be necessarily denied to others. It must be found, on the other hand, that there are unusual or exceptional circumstances or conditions (practical difficulty) justifying a variance on one lot, such as topographical or geological conditions, and that a variance would be justified on any lot where the same circumstances prevail; and
(c) Where granting of a variance will not be injurious to the property or improvements in the neighborhood in which the property is located or be detrimental to the public welfare. The mere existence of an unnecessary hardship or of an unusual or exceptional circumstance or condition (practical difficulty) is not ipso facto a basis for granting a variance. The existence of such hardships or of unusual or exceptional circumstances or conditions (practical difficulty) shall be balanced against the present conditions and extent to which such a variance would interfere with the proper development and rights of nearby property; and
(d) The granting of a variance will not be contrary to the purpose, intent and objectives of the Zoning Code and the Plan of the City. A variance merely permits that which is contemplated in the Zoning Code, and particularly in this chapter, for unnecessary hardships and for unusual or exceptional circumstances or conditions (practical difficulty). On the other hand, that which was not contemplated in the Zoning Code, and particularly this chapter, although deemed desirable, shall be effected by ordinance amendments or Zone Map changes.
(Ord. 94-88. Passed 12-5-94.)
1153.07 LAPSE OF VARIANCES.
A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the plans for which such variance was granted. Should the latter be the case, the variance shall be deemed null and void, and all regulations governing such premises in question shall revert to those in effect before the variance was granted.
(Ord. 67-17. Passed 5-15-67.)
1153.08 APPLICATION AND STANDARDS FOR VARIANCES AND EXCEPTIONS.
A variance or exception from the terms of the Zoning or Building Code shall not be granted by the Board of Zoning and Building Appeals unless and until a written application for a variance or for an exception is submitted to the Board. Such application shall be on a form adopted by the Board and shall contain:
(a) Name, address and phone number of the applicant(s).
(b) Owner of the land, property or building in question. Written consent of the owner shall be provided if the applicant(s) is not the owner.
(c) Description of the property.
(d) Description of the nature of the variance or exception requested.
(e) A written narrative statement submitted by the applicant demonstrating and substantiating that the applicable conditions for the granting of variances as set forth in Section 1153.06
exist or that the standards for the granting of exceptions exist.
(f) Such other information as may be required by the rules of the Board.
The Board shall make a finding on the applicable standards for the granting of variances as set forth in Section 1153.06
or on the applicable standards for the granting of exceptions as they apply in each specific case as a prerequisite for the granting of the variance or exception.
(Ord. 94-88. Passed 12-5-94.)
1155.01 DECLARATION OF PUBLIC POLICY; PURPOSE.
(a) Council hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, sites, places, buildings, districts, structures, works of art and other objects having a special historical, educational, community or aesthetic interest is a public necessity and is in the interest of the prosperity, safety and welfare of the people.
(b) The purpose of this chapter is to provide the procedure by which the Planning and Design Commission is to designate landmarks in the City pursuant to the procedures hereinafter described, in order to preserve, protect and perpetuate areas, sites, places, buildings, structures, works of art and other objects having a special historical, educational, community or aesthetic interest or value, all for the reasons described in the remainder of this section:
(1) To safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, educational or architectural history;
(2) To stabilize and improve property values;
(3) To conduct a continuing survey of all areas, sites, places, buildings, structures, works overt or similar objects in the City that are culturally, socially, economically, politically, architecturally, educationally or historically significant which the Commission, on the basis of information available or presented to it, has reason to believe are or shall be eligible for designation as landmarks.
(4) To protect and enhance the City's attractions to residents, tourists and visitors, and serve as a support and stimulus to business by encouraging the location of business enterprises within the City in co-ordination with County and State agencies, and make such recommendations as are deemed necessary to accomplish this purpose;
(5) To enhance the visual and aesthetic character, diversity and interest of the City by working with private groups, civic organizations and individuals and to accept therefrom donations for the purposes of this chapter;
(6) To foster civic pride in the beauty and notable accomplishments of the area now known as the City of Fairview Park;
(7) To promote the use, preservation, protection, restoration, reconstruction and rehabilitation of historic sites and structures for the education and general welfare of the people of the City;
(8) To strengthen the economy of the City; and
(9) To take whatever steps as may be necessary to safeguard the property rights of the owners whose property is declared to be a "landmark" or is located in an area designated as a "Landmark District".
(Ord. 80-62. Passed 11-3-80.)
1155.02 DESIGNATION OF LANDMARKS AND LANDMARK DISTRICTS; CRITERIA AND PROCEDURE.
(a) The Planning and Design Commission may designate an area, site, place, building, structure, work of art or similar object in the City as a landmark. In determining whether or not to designate such area, site, place, building, structure, work of art or object as a landmark, the Commission shall consider the following criteria with respect to such property:
(1) Its character, interest or value as part of the development, heritage or cultural characteristics of the City, State of Ohio or the United States;
(2) Its location as a site of a significant historic event;
(3) Its identification with a person or persons or family who significantly contributed to the culture and development of the City;
(4) Its exemplification of the cultural, economic, social, architectural or environmental heritage of the City;
(5) Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) Its embodiment of a distinguishing characteristic of an architectural type or specimen;
(7) Its identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation;
(9) Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural or architectural motif;
(10) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City; and
(11) Such other individual characteristics as shall be deemed relevant by the Commission to its designation as a landmark.
(b) The Commission shall designate official landmarks using the following procedure:
(1) A nomination for landmark designation may be made by the Commission member(s), the owner or any resident of the City. The nomination shall include a photograph, rationale and historical data.
(2) The Commission shall accept the nomination and vote to accept or reject the nomination for study and evaluation.
(Ord. 80-62. Passed 11-3-80.)
(3) The Chairman shall appoint member(s) of the Commission who together with the advisory committee, if established pursuant to Section 1155.05
and/or with other residents of the City to prepare a documented report on the nominated site, including a history, property description, site map, photograph(s) and eventual placement of the plaque.
(Ord. 86-23. Passed 9-2-86.)
(4) The complete report shall be presented to the Commission.
(5) The Commission shall inform the owner of the site of the status of the nomination prior to Commission review.
(6) The Commission shall secure the owner's written consent for:
A. Submittal of the nomination to the Commission and to Council;
B. Acceptance if designated a landmark; and
C. The placement of a plaque if designated a landmark.
(7) Upon acceptance by the owner of the site, the Commission shall render its recommendation with respect to the proposed designation, its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed designation. Such recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Commission along with its recommendation concerning the proposed designation to Council. The Commission may make such modifications, changes and alterations concerning the proposed designation as it deems necessary.
(8) The Commission shall submit to Council the complete report including its recommendation and the owner's consent.
(9) Council shall give due notice consideration to the findings and recommendations of the Commission in making its determination with respect to the proposed designation of any area, site, place, building, structure, work of art and other similar objects as landmarks or Landmark Districts. After review, Council may designate by ordinance such area, site, place, building, structure, work of art and other similar objects as a landmark or Landmark District.
(Ord. 80-62. Passed 11-3-80.)
(10) As soon as reasonably possible after approval by Council, the Clerk of Council shall notify the Division of Building of the official designation. The Clerk shall also file with the Recorder of Deeds of Cuyahoga County a certified copy of the designation ordinance together with a notice briefly stating the fact of such designation and a summary of the effects such designation shall have. The Clerk, further, shall send by registered mail a certified copy of such ordinance and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in such property. (Ord. 95-75. Passed 10-16-95.)
(11) The Commission shall present to the owner the official Landmark Plaque, which shall remain the property of the City.
(12) Notwithstanding any provision of this chapter, Council may rescind the designation of any area, site, building, structure, work of art or similar object as a landmark or Landmark District by ordinance. Passage of such an ordinance shall relieve the owner of such area, site, place, building, structure, work of art or similar object from any duties or penalties contained in this chapter.
(Ord. 80-62. Passed 11-3-80.)
1155.03 RECORDS; DESIGNATION ON PROPERTY.
(a) The Planning and Design Commission shall maintain and keep current and public a complete register of all properties designated as landmarks in a book kept for such records in the office of the Clerk of Council. This designation shall also be noted in the Division of Building records of the City. (Ord. 95-75. Passed 10-16-95.)
(b) The Commission shall cause to be placed with the consent of the owner on such landmark properties a designation that such property or part thereof has been designated a landmark in the City. (Ord. 80-62. Passed 11-3-80.)
1155.04 REGULATION OF BUILDING OR ENVIRONMENTAL CHANGE.
No person owning, renting or occupying property which has been designated a landmark or which is situated in a designated Landmark District shall make any environmental or building change in such property without notification to the Planning and Design Commission with respect to such building or environmental change. The following procedure shall apply to all alterations, demolitions, removals or constructions of such property in the City:
(Ord. 80-62. Passed 11-3-80.)
(a) Any application to the Division of Building for a building permit for an environmental or building change shall be forwarded to the Commission together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven days after receipt thereof. Any application may be filed by the applicant directly with the Commission at the same time that an application for a building permit is filed or in lieu of filing for a building permit, if no building permit is required for the proposed building or environmental change. (Ord. 95-75. Passed 10-16-95.)
(b) If the Commission finds that the building or environmental change proposed by the applicant:
(1) Shall not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or
(2) Shall remedy conditions imminently dangerous to life, health or property, as determined in writing by the Building Commissioner and the Fire Chief; then the Commission shall render its opinion consistent with other applicable ordinances of the Planning and Zoning Code of the City.
(Ord. 80-62. Passed 11-3-80.)
(c) If the Commission finds that the building or environmental change proposed by the applicant shall adversely affect any significant historical or aesthetic feature of the property or is inappropriate or inconsistent with the spirit and purposes of this chapter, the Commission shall advise the applicant and the Division of Building in writing within sixty days after receiving the application.
(Ord. 95-75. Passed 10-16-95.)
(d) If the Commission notifies the applicant in accordance with subsection (c) hereof, the Commission shall conduct negotiations with the applicant and any other party in an effort to find a means of preserving the property as follows:
(1) With respect to an application involving an alteration, the Commission and the applicant shall work together during such period to find a mutually agreeable method of completing the proposed building or environmental change. (Ord. 80-62. Passed 11-3-80.)
(2) With respect to an application involving a demolition, removal or construction, the Commission and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such landmark. The Commission shall also investigate the feasibility of all available ways and means of preserving the landmark, including without limitation, inducing by contract or other consideration, the creation of covenants restricting the use of property, leasing and subleasing the property for the purpose of preservation and acquiring by eminent domain or contract or conveyance all or any part of or interest in the property. If the Commission and the applicant do not agree on a means of preserving the landmark, the Commission shall render its opinion consistent with other applicable ordinances of the Planning and Zoning Code with respect to the proposed environmental or building change and give written notice of same to the applicant and the Division of Building.
(Ord. 95-75. Passed 10-16-95.)
(e) The time period and any extensions thereof for negotiations in accordance with subsection (d) hereof shall be established by and between the Commission and the applicant.
(f) If no action has been taken by the Commission on an application within sixty days after such application has been received by the Commission, the application shall be deemed granted.
(g) The intent of this section is that the Commission shall attempt to assist in providing information for architectural changes that are in keeping with the intent of this chapter.
(h) Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules, and regulations of the City.
(Ord. 80-62. Passed 11-3-80.)
1155.05 ADDITIONAL POWERS AND DUTIES OF COMMISSION.
The Planning and Design Commission shall have the following powers and duties in addition to those otherwise specified in this chapter.
(a) The Commission shall work for the continuing education of the residents of the City with respect to the historical and architectural heritage of the City and the landmarks designated under the provisions of this chapter.
(b) The Commission shall have authority to establish rules and regulations consistent with the provisions of this chapter and the spirit of its purpose to assist the Commission in evaluating applications for landmark designation submitted to it, the manner in which such applications are processed and the proper and orderly conduct of its business.
(c) The Commission may accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties pursuant to this chapter, provided that no General Fund moneys are used for such services. (Ord. 80-62. Passed 11-3-80.)
(d) The Commission may appoint an advisory committee of three residents of the City, who shall have to the highest extent practicable a known interest in landmarks preservation, to assist it in the designation, preservation, protection and perpetuation of landmarks and landmark districts for such term as may be provided by the Commission. Vacancies in the advisory committee shall be filled in the same manner as original appointment.
(Ord. 86-23. Passed 9-2-86.)
1155.06 CHANGES NOT PROHIBITED.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any property which has been designated a landmark or which is situated in a designated Landmark District that does not involve a change in design, material, color or outer appearance thereof, nor to prevent any environmental or building change that the Division of Building, Fire or Health Departments shall certify in writing is required by the public health, safety and welfare because of unsafe or dangerous conditions.
(Ord. 80-62. Passed 11-3-80.)
1155.07 NEW CONSTRUCTION IN LANDMARK DISTRICTS.
Notwithstanding any other provisions of this chapter, only architectural design compatible with other historical buildings in approved Landmark Districts in the City shall be approved for any new construction by the Planning and Design Commission in a Landmark District.
(Ord. 95-75. Passed 10-16-95.)
1157.01 INITIATION OF CHANGE IN ZONING.
A proposed change or amendment of the Zoning Code or Zone Map may be initiated in the following manner, to wit: any member of Council or any member of the Planning and Design Commission or the Planning and Design Commission itself may propose a change or amendment of the Zoning Code or Zone Map to the Planning, Zoning and Development Committee of Council by forwarding such proposed change or amendment to the Chair of such Planning, Zoning and Development Committee of Council or by forwarding such change or amendment to the Clerk of Council for delivery to such Chair. The Planning, Zoning and Development Committee of Council shall within ninety days of receipt of such proposed change or amendment refer such change or amendment to the Planning and Design Commission for report and recommendation. The Planning and Design Commission shall then refer the proposed change or amendment to Council pursuant to the provisions of Article VII, Subsection 2(d) of the City Charter.
(Ord. 95-76. Passed 10-16-95.)
1157.02 ACTION BY THE COMMISSION.
When a proposed change or amendment is referred to the Planning and Design Commission by the Planning, Zoning and Development Committee of Council, the Commission shall be allowed for consideration thereof, not less than sixty days after receipt of same by the Commission, unless a longer period of time is allowed by Council. The Commission may hold a public hearing thereon, and notice of the time, place and purpose of such hearing shall be given by publication at least once in a newspaper of general circulation in the City, with the first publication not to appear less than fifteen days prior to the date of such hearing. The qualifications of such newspaper shall be determined by ordinance of Council.
The Commission may approve or disapprove the proposed change or amendment, either in whole or in part, and shall submit its recommendation to Council.
(Ord. 95-76. Passed 10-16-95.)
1157.03 ACTION BY COUNCIL.
After receiving the proposed change or amendment from the Planning and Design Commission, or after the sixty-day period of inaction by the Commission as set forth in Article VII, Subsection 2(d) of the City Charter, Council shall hold a public hearing thereon.
Thirty days' notice of the time and place of such public hearing shall be published once a week for two consecutive weeks in a newspaper of general circulation in the City. During such thirty days the text or copy of the text of such ordinance, measure or regulation and the maps, plans and reports submitted by the Commission shall be on file, for public examination, in the office of the Clerk of Council. Further notice of a hearing on such proposed change or amendment shall be given pursuant to Article IV, Section 14 of the City Charter.
After the hearing, Council may approve in whole or in part, modify, disapprove or reject, by a majority vote of the members of Council eligible to vote. Any provision of any ordinance, resolution or order disapproved by formal action of the Commission shall require a two-thirds vote of all members of Council eligible to vote for adoption or authorization.
(Ord. 67-17. Passed 5-15-67.)
1157.04 AMENDMENT TO ZONE MAP APPLICATION; REQUIRED INFORMATION AND REVIEW.
(a) Any application for an amendment to the Zone Map, including one initiated pursuant to Section 1157.01, shall contain the following:
(1) Name, address and phone number of the applicant;
(2) Legal description, size, dimensions and location of the parcel or parcels;
(3) Present use;
(4) Present zoning district;
(5) Proposed use;
(6) Proposed zoning district;
(7) A vicinity map at a scale approved by the Building Commissioner showing property lines, streets, existing and proposed zoning and such other information as the Building Commissioner may require;
(8) A listing of all owners of property within, abutting on and directly across the street from the parcel or parcels to be rezoned; and in addition, the owners of property which is contiguous to (touches upon) any of the aforesaid property, which abuts or is directly across the street from the parcel or parcels to be rezoned and the owners of parcels lying within a distance of five hundred feet from the outer boundaries of the parcel or parcels to be rezoned.
(9) A statement on how the proposed amendment to the Zone Map relates to the needs of the community and the area in which the parcel or parcels are located in conjunction with the existing zoning scheme, including any then current comprehensive plan and/or concept plan of the City on file with the Division of Building;
(10) Payment of a fee of one hundred dollars ($100.00) plus the payment of a deposit of five hundred dollars ($500.00) to cover all advertising costs and expenses, all costs and expenses related to all written notices required by any ordinance or by the Charter of the City, and the costs and expenses of the evaluation set forth in subsection (b) hereof. The balance, if any, of the deposit shall be refunded to the applicant after deducting therefrom all costs and expenses. The deficiency, if any, of the deposit shall be paid by the applicant within thirty days of written notification of such deficiency.
(Ord. 91-92. Passed 12-16-91.)
(b) EDITOR’S NOTE: Former subsection 1157.04(b) was repealed by Ordinance 11- 24, passed June 21, 2011.
1159.01 APPLICABILITY.
(a) The design guidelines set forth in subsection (a) through (d) of Section 1159.03 shall apply to exterior appearance and design of all new construction and building renovations in the respective zoning districts according to the following schedule:
Zoning District | Applicable Subsections |
(a), (b) and (c) | |
Residential One and Two Family Districts Chapter 1117 | Not Applicable |
(a), (b) and (d) | |
(a), (b) and (c) | |
(a), (b) and (d) | |
(a), (b) and (c) | |
(a), (b) and (d) | |
(1) Applicants submitting development plans under Section 1149.05 and applications for sign permits under Section 1145.07 shall be subject to the requirements of this chapter and shall submit design plans at the time of the development plan submittal with such details as to illustrate design elements necessary for the Planning and Design Commission to review and approve plans as required by this chapter.
(Ord. 02-43. Passed 12-2-02.)
1159.02 EXPLANATION OF TERMS.
For the purpose of this section, certain terms and words shall be interpreted with regard to the following explanations:
(a) Appropriateness. A proposal is judged to be appropriate when it respects the proposed architectural style of a building prescribed by this chapter, and fits comfortably within its settings, neighborhood and overall community. This condition also applies to landscaping and accessory structures.
(b) Compatibility. A design or a material/color selection is compatible when it does not strongly deviate from its parent building, and the overall desired character of the neighborhood as defined in this chapter. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or buildings in the general vicinity meeting the design guidelines, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibility occurs when an architectural design, landscape design or accessory building is aesthetically harsh or overwhelming relative to its neighbors or is not within the character of the neighborhood as defined in this section.
(c) Noncontributing. A factor in a proposal or part thereof that is taken from an existing building characteristic or site feature such as design, scale, fenestration, architectural feature, material or color that is determined by the Planning and Design Commission to be not appropriate for replication in new projects or modifications to existing projects when:
(1) It does not fall within the specific guidelines established by this chapter;
(2) It does not enhance or improve the character of the City and/or the surrounding environs of the project; or
(3) It is unrepresentative of the overall character of the City and/or the prevalent character of the surrounding environs of the project.
(d) Proportion. The relationship of parts of a building, landscape, structures, or buildings to each other and to the whole balance.
(e) Proximity. Proximity shall be considered in terms of the potential for one property, by virtue of its location, to materially affect other properties. In determining a property to be in proximity to another, the following factors shall be considered:
(1) The visibility of both properties from a common point; or
(2) The location of both properties within a relatively compact network of streets, walkways or spaces.
(f) Style. Style relates to a building's character and configuration in plan and elevation. It also relates to architectural conventions of a particular time period concerning details of windows and doors, eaves, corner boards, pitch of roofs and the material of the building's skin.
(g) Visibility or Visible. The ability for any item or element to be seen from an eye level of 70" above grade at any point on an adjacent public right of way or an immediately adjacent property.
(h) Prototype. A building design for a franchise or similar business venture which is intended for use or has been used at more than one location. Any building design which is intended to reflect the details and elements of a building or buildings typically used by a franchise or similar business venture.
(Ord. 02-43. Passed 12-2-02.)
1159.03 DESIGN REVIEW GUIDELINES.
The design review guidelines cover all aspects of the exterior of a project and include an examination of the surrounding context to ensure that new development and modifications to existing developments achieve the objectives of this chapter set forth herein. The following guidelines are in addition to the specific regulations and requirements set forth for each of the particular zoning districts.
(a) General Design Criteria.
(1) The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development criteria of this chapter. In assessing the characteristics of the surrounding area, noncontributing features will not be considered factors in determining compatibility.
(2) The proposal should minimize changes to the natural grade, and discourage the removal and destruction of trees, landscaping and other natural features.
(3) Buildings shall be oriented in relation to proposed grading, natural features and to existing structures on and adjacent to the site to maintain:
A. Satisfactory proportions and scale;
B. Reasonable light and air; and
C. Privacy, as appropriate.
(4) Buildings, structures and landscaping should be designed and located on the site and be of a scale to complement adjacent buildings and enhance the character of the surrounding area by having features that are appropriate and compatible with existing buildings and structures (where the existing buildings and structures meet the intent of this section). In making this determination the Planning and Design Commission shall consider:
A. Building height, width and general proportions;
B. Architectural features, including patterns of windows and doors, roof pitch, cornice lines, balconies, porches, shutters, dormers, eaves and other decorative detail;
C. General site characteristics which encourage well-landscaped and conveniently located parking areas, safe and comfortable pedestrian ways, and convenient pedestrian movement among adjacent and nearby buildings and parking areas; and
D. Color use which is not bright or brilliant.
E. Building setbacks located at or near the front sidewalk line.
(5) Each individual building should express its function, and have an individual character and identity created through functional variety in the overall design. When existing buildings are to be renovated, the distinguishing qualities or characters of a property that contributes to the overall character should not be destroyed. Removal or alteration of distinctive architectural features should be avoided, except for features that are determined to be noncontributing features.
(6) Unique and contemporary designs may be appropriate to the extent such design does not clearly detract from any architectural unity of an ensemble or group of architecturally significant buildings.
(7) Landscaping shall be designed to:
A. Maintain an adequate and appropriate proportion of deciduous and non-deciduous trees.
B. Be in such location, scale and amount to be integrated with the building design.
C. Clearly designate entrances/exits.
D. Reasonably screen paved areas from the street enough through the use of mounding, the land's natural topography, and/or adequate vegetation.
E. Include provisions for adequate irrigation and maintenance of areas over 200 square feet.
(8) Mechanical and electrical equipment, waste receptacles and other similar appurtenant or accessory structures shall be located to minimize the impact on the building and the community:
A. Air-conditioning units, condenser elements, antennas, other mechanical equipment, and waste receptacles should not be visible.
B. Ground mounted mechanical and electrical equipment and waste receptacles must be screened with a fence or plant material as approved by the Planning and Design Commission, or housed in a structure that is in harmony with the surroundings.
C. Mechanical equipment attached to the side or roof of a building and cannot be located on the roof or ground, including vents and intakes, should be kept as low as possible and screened, or be compatible with the background.
(1) Site design.
A. Park benches, ornamental planters and brick pavers should be encouraged when appropriate to create inviting, people-oriented spaces.
B. Other devices may be considered appropriate in the interest of adding attractive features to the district, such as a clock tower, flag poles, a raised roof on an otherwise flat-roofed structure, a turret or penthouse.
C. Sidewalks connecting building entrances with parking areas and to the public sidewalks shall be provided to permit and encourage pedestrian access to the buildings.
D. Parking areas, drives and approaches shall be of appropriate size and scale in relation to the appearance of the proposed development from the right-of-way, adjacent property and the internal portion of the site itself. Such appropriate scale shall be achieved by the width of approaches and drives, by having adequate but not excessive parking, and by using landscaping within parking areas of 6,000 square feet or more.
E. Accessory loading areas should be located in unobtrusive areas and be screened from public view.
F. Signs should be designed to reflect the scale of the building, site and surrounding characteristics. Buildings shall be designed for the appropriate placement of signage in a manner that complements the building.
1. Any building housing more than one business entity requiring signs shall be in compliance with an approved comprehensive sign scheme per Section 1145.07
(i).
G. Exterior security and ornamental lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and features shall be of a design and size compatible with the building and adjacent areas. Lighting shall be designed so as not to shine directly onto adjoining properties and not be excessive. Provisions for architectural lighting that is spaced in coordination with the building bay spacing shall be encouraged.
1. Lighting shall be designed in such a manner as to not project more than 1-foot candle on any adjacent property, not including public right-of-ways.
H. Entryways should be designed to enhance the ability of the general public to find their way into and around buildings and open spaces.
(2) Building style and scale.
A. Architectural details and ornamentation shall be meaningful to the overall design and appropriate for the size and scale of proposed structures; harmonious with other architectural detail and ornamentation.
B. In areas which have a predominate architectural style, including historic styles, such character should be a significant consideration in determining compatibility. In such cases compatibility is partially achieved by some repetition of basic elements such as color, materials and common scale.
C. Variations in the height of structures are encouraged in order to impact some variety to the skyline of the area and to add some distinction to the streetscape.
D. All visible sides of new construction should achieve architectural interest and excellence.
E. The following details and characteristics shall be encouraged:
1. The use of pitched roofs, particularly with 5:12 or greater slope; mansard roofs or main roofs that extend over sidewalls below the highest window head shall be discouraged.
2. Dormers.
3. Decorative lintels over windows/doors constructed with sandstone, wood or similar material;
4. Multi-paneled windows with shutters (when the windows are an appropriate size suitable for such shutters) painted in contrasting colors.
5. Decorative cornices.
6. Elements to subdivide the facades into bays including building projections, columns, or pilasters.
7. Prominent main entrances to buildings with large doors and "framing" devices such as peaked roof forms, porches or recesses.
8. Decorative cupolas.
9. Decorative quoins.
10. Styles similar to Georgian, Federal, or Jeffersonian Classicism.
(3) Materials and colors.
A. New construction shall be guided by the existing work to which it is attached or is associated, and should not be in stark contrast to the materials used on adjacent structures.
B. The texture, color, and placement patterns of materials shall be appropriate for the size and scale of the proposed structures and be compatible with the character of the area.
C. The following colors and materials shall be acceptable. Examples of such contributing materials include:
1. Brick exterior.
2. Masonry units, split or ground face not exceeding 10% of the facade for trim.
3. Natural stone.
4. Horizontal wood clapboards for siding.
5. Painted trim woodwork.
6. Visible roofing material shall be shingles of dark colors rather than pale or near white colors. Materials should be asphalt, fiberglass and slate. Standing seam metal panels in traditional colors. Clay tile may have merit as a variation, but will be very carefully considered in contrast to adjacent materials.
7. Fencing and screening materials matching the building of brick or stone masonry, painted aluminum, vinyl coated aluminum or vinyl, wrought iron, or permanent evergreen landscape material.
8. Fabric awnings of colors as approved by the Planning and Design Commission.
9. Material colors as approved by the Planning and Design Commission.
D. Conversely, the following materials are not consistent with the City's desired architectural characteristics and would tend to hasten the creation of nuisances and/or blight; therefore, they are considered inappropriate:
1. Mirrored/reflective glass unless used as a small component of the building, designed and located within the context of the architectural style, usually not exceeding 10% of the facade.
2. Concrete block or painted concrete block.
3. Stucco (exterior insulation and finish systems) or similar large expanse of material unless it is utilized with belt courses, joints, contrasting materials, exposed structural elements, or similar design features not exceeding 10% of the facade.
4. Unfinished and industrial type materials such as concrete block, painted concrete block, exterior insulated finishes, and metal siding.
5. Bright or primary colors, and/or awnings that are in stark contrast to other structures in the surrounding area and/or design of the proposed structure.
6. Fencing or screening materials of painted or unfinished wood, chain link.
7. Metal awnings.
E. Authentic materials are preferred, however modern products that simulate wood and slate effectively may be considered.
(1) Site design.
A. Outside dining and areas of congregation shall be encouraged if nuisances such as noise and litter can be controlled.
1. Such areas within 20' of a right of way shall be fenced or screened with a fence or screen not less than 36" high, as well as landscaped in an appropriate manner. Such areas shall not project any noise into a residential area and shall be further screened and buffered as required to minimize nuisance.
(2) Building style and scale.
A. Building prototypes shall be discouraged unless specific modifications have been made to a prototype design to bring it into compliance with these design guidelines.
B. Building facades should have windows in order to insure a comfortable visual dialogue between occupant and pedestrian. Large portions of building facades without windows shall be discouraged.
C. The proportion of wall surface to openings should be consistent with adjacent structures.
D. The use of fabric awnings, mainly confined to the street level, in shopping areas is encouraged. Awnings are to be designed and mounted so as not to cover significant architectural design.
E. Buildings in excess of 4,000 and less than 10,000 square feet, especially retail and business uses, shall make exterior design provisions for reuse by subdividing the spaces into areas not to exceed 2,000 square feet. Buildings in excess of 10,000 square feet, especially retail and business uses, shall make exterior design provisions for reuse by subdividing the spaces into areas not to exceed 4,000 square feet. These shall include provisions for future front entrances and building services. This requirement shall not apply to a structure serving as an anchor store of a connected multi- tenant development.
(3) Materials and colors.
A. The following colors and materials shall be acceptable: Examples of such contributing materials include:
1. Red/rose brick exterior.
2. Horizontal wood clapboards for siding not exceeding 50% of the facade.
(1) Site design.
A. The design, scale and location on the site of residential structures, accessory buildings and landscaping should enhance the overall natural character of the City.
B. Accessory structures and features such as garages, parking areas, fences, walls, and landscaping should:
1. Ensure that the relationship to the dwelling reinforces the dwelling as the major focal point of the site.
2. Ensure that the size, location and design are appropriate for the size of the site and adjacent buildings.
C. Sidewalks should be enhanced with appropriate materials, landscaping, lighting and benches.
(2) Building style and scale.
A. Architectural forms and the open spaces around them should be integrated so as to enhance the quality of the outdoor public areas including such factors as sunlight, weather protection, noise and air quality, landscaping and benches.
B. All elevations of new construction are expected to feature some door or window openings or other architectural feature to avoid blank walls and such openings should have a pattern that is compatible with the character of the neighborhood.
C. Buildings should have varying rooflines and facade modulation to help reduce the apparent size of new buildings and give them more visual interest. The use of pitched roofs is favored in order to add height and body to the low level skyline.
(3) Materials and colors.
A. Within a contiguous development proposal there shall be a continuity of building materials among all buildings.
B. Conventional building materials including wood, shingle, stone and face brick, should be employed in new work, to the extent appropriate.
C. New products which simulate wood siding and slate roof tile or shingles may be acceptable, but only with the presentation of full scale samples in appropriate colors.
D. The following materials are discouraged: Mirrored/reflective glass.
(4) Garages.
A. Garages are to be located so as to not dominate the street elevation.
B. A garage should match the residence to which it is attached or related with similar materials, roof pitch, colors, window styles, eaves and trim.
(Ord. 02-43. Passed 12-2-02.)
1159.04 INTERPRETIVE ILLUSTRATIONS FOR DESIGN STANDARDS.
(a) Where not otherwise defined within this section, architectural styles and elements referred to within this section shall be as illustrated by American Shelter by Lester Walker.
(b) The Planning and Design Commission may prepare from time to time or authorize the preparation of illustrations which demonstrate the design review criteria in the Applicability Section. Such illustrations may include drawings, photographs of acceptable projects in Fairview Park and elsewhere, drawings or photographs of projects which have been approved pursuant to these regulations and photographs of existing building characteristics or site features which have been determined by the Planning and Design Commission to be noncontributing. Any such illustrations may be recommended by a majority vote of the Planning and Design Commission and approved by Council. When approved, such illustrations shall be considered administrative guidelines which assist in the utilization of these design review criteria.
(Ord. 02-43. Passed 12-2-02.)