This Title’s regulations are intended to reduce the effects that certain land uses may have on the public’s health, safety, and welfare by restricting the use of land district-by-district within the city. (Ord. 87-2025. Passed 1-12-26.)

1146.01 RESTRICTIONS.

This Code restricts the use of land in two manners: (1) by restricting the use of land within each district to only those land uses expressly allowed in that district and (2) by restricting the use of land by use-specific standards, as described later in this Title.

(Ord. 87-2025. Passed 1-12-26.)

1147.01 UNLISTED LAND USES PROHIBITED.

No lot, structure, or portion thereof may be used for any purpose, except as expressly allowed in that district by this Title.

(Ord. 87-2025. Passed 1-12-26.)

1148.01 LAND USE TERMS DEFINED.

Land use terms listed in this Planning and Zoning Code are defined in Title Nine "Glossary of Terms”. (Ord. 87-2025. Passed 1-12-26.)

1148.02 INTERPRETATION AND APPLICATION OF LAND USES BY BUILDING COMMISSIONER AND ECONOMIC DEVELOPMENT DIRECTOR.

As this Code cannot conceive of every proposed land use in the city, it uses general land use terms and defines these terms in this Title Nine "Glossary of Terms”. The Building Commissioner and Economic Development Director or their designees shall be responsible for analyzing real or proposed land uses and assigning them to one of the listed general land use terms, or a combination of multiple listed general land use terms, or none of the listed general land use terms, based on their professional interpretation of the real or proposed land use and the general land use term’s definition.

(Ord. 87-2025. Passed 1-12-26.)

1148.03 LAND USES NOT MATCHING ANY LISTED LAND USE TERM.

In some cases, the Building Commissioner and Economic Development Director or their designees may determine that the real or proposed land use does not meet the definitions of any of the defined general land use terms, and, in such case, the Director of Planning and Development or their designee shall determine that such land use is prohibited in all districts in the city, except where allowed by nonconforming use regulations found in Title Eight "Nonconformities”. (Ord. 87-2025. Passed 1-12-26.)

1148.04 PROPOSED LAND USES FITTING MORE THAN ONE LAND USE TERM.

Wherever the proposed use of a lot fits the definition of more than one land use term and where at least one of those land use terms is an allowed land use in that district, such proposed use shall be allowed. (Ord. 87-2025. Passed 1-12-26.)

1148.05 PROPOSED LAND USES COMPRISE MULTIPLE LAND USES.

Wherever the proposed use of a lot comprises multiple land uses, each and every land use shall be permitted in that district in order for the multiple land uses to be permitted. For example, where a hotel with first-floor bar are proposed, both a hotel use and a bar use must be permitted in that district; if the district only allows a hotel use and does not allow a bar use, the proposed hotel and bar use shall not be permitted, and, to receive the proper permits, the applicant may choose to amend the proposal to include a hotel only without a first-floor bar. Where this Planning and Zoning Code does not contain clarity in its land use definitions on whether all of the proposed uses are included within the list of permitted uses for that district, the Building Commissioner and Economic Development Director or their designees shall make a determination as to whether the proposed uses are customarily included in the definitions of permitted uses for that district.

(Ord. 87-2025. Passed 1-12-26.)

1148.06 APPEAL OF INTERPRETATION OF LAND USES.

Where an affected party believes that the interpretation of the real or proposed land use by the Building Commissioner and Economic Development Director or their designees as falling into one, more than one, or zero general land use terms was made in error, such party may appeal such interpretation. The appeal process is described in detail in Chapter 1190 “Appeals.”

(Ord. 87-2025. Passed 1-12-26.)

1149.01 TABLE OF ALLOWED LAND USES.

Land uses are listed in the Table of Allowed Land Uses as “Administrative Review” and “Conditional Use Review.” “Administrative Review” and “Conditional Use Review” uses are principal uses and refer to two different approval processes, as described in Title Seven "Administration and Procedures”.

(A) Where a proposed land use is not listed as “Administrative Review,” “Conditional Use Review,” or “Accessory” in a particular district, such proposed land use shall be interpreted to be prohibited in that district, unless the proposed land use is interpreted by the Building Commissioner and Economic Development Director or their designees as being defined by more than one land use term and at least one of those land use terms is allowed in that district.

(B) Shall any inconsistency exist between the list of uses allowed in a district in the district-specific chapter of Title Two "Zoning District Standards” and the table of allowed land uses of this Title, the table of allowed land uses of this Title shall govern.

Table of Allowed Land Uses	Reference to Specific Regulations	District
		RES1	RES2	NMU	TRCMU	COM	SPCL	ENV-O
RESIDENTIAL USES
One-Unit Residential	§1150.22	AR	CUR	AR	AR			%
Two-Unit Residential	§1150.32	AR	CUR	AR	AR			%
3-8 Unit Residential	§1150.02	CUR	AR	AR	AR			%
9-Plus-Unit Residential	§1150.03		AR		AR			%
Townhouse Residential	§1150.31	CUR	AR	AR	AR			%
Cottage Court Residential	§1150.08	CUR	AR					%
Residential Care Housing	§1150.28	CUR	AR	AR	AR			%
COMMERCIAL USES
Adult Oriented Uses	§1150.04						AR	%
Animal Boarding	§1150.05					AR	AR	%
Bail Bond Lending Uses	§1150.06						AR	%
Craft and Art Industrial	§1150.09			AR	AR	AR		%
Day Care Facility	§1150.10			AR				%
Emergency and In-Patient Medical Services	§1150.11					AR	AR	%
Heavy Industrial	§1150.12					AR	AR	%
Indoor Dining, Drinking, and Entertainment	§1150.13			AR	AR	AR	AR	%
Indoor Sales and Services	§1150.15			AR	AR	AR	AR	%
Large Indoor Events Center	§1150.16				AR	AR
Large Utility	§1150.17					AR	AR	%
Light Industrial	§1150.19					AR	AR	%
Lodging	§1150.20			AR	AR	AR		%
Marijuana-, Vape-, or Smoke-Oriented Uses	§1150.21						AR	%

Table of Allowed Land Uses	Reference to Specific Regulations	District
		RES1	RES2	NMU	TRCMU	COM	SPCL	ENV-O
COMMERCIAL USES (CONT.)
Outdoor Dining, Drinking, and Entertainment	§1150.23			CUR	CUR	CUR	CUR	%
Outdoor Sales	§1150.24					CUR		%
Outdoor Venues	§1150.25					AR	AR	%
Pawn Shops	§1150.26						AR	%
Vehicle Sales, Refueling, Repair, and Servicing	§1150.33					AR	AR	%
Vehicle Storage	§1150.34						AR	%
Weapons-Oriented Uses	§1150.35						AR	%
INSTITUTIONAL USES
Indoor Recreation/ Community Centers	§1150.14	CUR	CUR	AR	AR	AR	AR	%
Libraries, Museums, Playhouses, and Places of Worship	§1150.18	CUR	CUR	AR	AR	AR	AR	%
Schools	§1150.29	CUR	CUR	CUR	AR			%
OPEN SPACE USES
Commercial Agriculture	§1150.07	AR	AR	AR	AR	AR	AR	%
Preserves	§1150.27	AR	AR	AR	AR	AR	AR	%
Sports Fields and Outdoor Recreation	§1150.30	CUR	CUR	AR	AR	AR	AR	%
MISCELLANEOUS USES
Accessory Uses	Chapter 1151	AR	AR	AR	AR	AR	AR	%
Temporary Uses	Chapter 1152	AR	AR	AR	AR	AR	AR	%

Figure 1149-01: Table of Allowed Land Uses AR = Administrative Review CUR = Conditional Use Review * = This land use is permitted only where permitted in the underlying, base district.

(Ord. 87-2025. Passed 1-12-26.)

1150.01 CONFORMANCE WITH USE-SPECIFIC REGULATIONS REQUIRED.

No use shall be conducted except where conforming to all of the standards contained in this Chapter or where otherwise permitted by Title Eight "Nonconformities”.

(Ord. 87-2025. Passed 1-12-26.)

1150.02 3-8-UNIT RESIDENTIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use , and please note that the Building Code standards shall apply to this land use.

(C) Accessory Use Standards. For details on accessory uses associated with this land use, such as home occupations, please refer to Chapter 1151 “Accessory Use and Structure Regulations.”

(D) Cottage Court Standards. For details on the development of cottage courts, which, for the purposes of this Code are considered Cottage Court Residential uses and not 3-8-Unit Residential uses, please refer to §1150.08 “Cottage Court Residential”.

(E) Townhouse Standards. For details on the development of townhouses, which, for the purposes of this Code are considered Townhouse Residential uses and not 3-8-Unit Residential uses, please refer to §1150.31“Townhouse Residential”.

(Ord. 87-2025. Passed 1-12-26.)

1150.03 9-PLUS-UNIT RESIDENTIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(C) Accessory Use Standards. For details on accessory uses associated with this land use, such as home occupations, please refer to Chapter 1151 “Accessory Use and Structure Regulations.”

(D) Cottage Court Standards. For details on the development of cottage courts, which, for the purposes of this Code are considered Cottage Court Residential uses and not 9-Plus-Unit Residential uses, please refer to §1150.08 “Cottage Court Residential”.

(Ord. 87-2025. Passed 1-12-26.)

1150.04 ADULT-ORIENTED USES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

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

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

(iii) Location. No Adult-Oriented Uses may be located, established or operated on any lot located south of the centerline of Granger Road. Furthermore, no Adult-Oriented Uses may be established or operated within 300 feet of:

(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;

(2) A public or private educational facility that serves persons younger than eighteen (18) years of age, including but not limited to nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(3) Any property containing a community center that regularly serves persons younger than eighteen (18) years of age;

(4) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City, the Garfield Heights Board of Education, Cleveland Metroparks, or another public entity;

(5) A public library or museum that regularly serves persons younger than eighteen (18) years of age;

(6) Any lot in a residential district as defined in the Planning and Zoning Code or any lot occupied by a dwelling that constitutes a lawful non-conforming residential use as defined in the Planning and Zoning Code.

(iv) No Adult-Oriented Use may be established or operated within 500 feet of another Adult-Oriented Use.

(v) Not more than one Adult-Oriented Use shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Adult-Oriented Use in any building, structure, or portion thereof containing another Adult-Oriented Use may not be substantially enlarged.

(vi) No such use shall be issued a Zoning Permit by the Building Commissioner or be permitted to commence except following review and written authorization of the City Council. In reviewing a proposed use, the Planning Commission, the Zoning Board of Appeals, and the City Council shall consider the use’s vicinity to existing and planned schools, daycare facilities, playgrounds, libraries, parks, recreational fields, and places of worship; the use’s vicinity to existing or planned Adult-Oriented Uses, Bail Bond Lending Uses, Pawn Shops, Marijuana-, Vape-, or Smoke-Oriented Uses, Weapons-Oriented Uses, and Vehicle Storage Uses; the use’s vicinity to governmental offices; and the use’s vicinity to existing or planned residential and institutional properties.

(vii) For the purpose of this Section, measurement shall be made in a straight line without regard to intervening structures or natural features from the nearest portion of the property line of the lot occupied by an Adult-Oriented Use to the nearest property line of any other use listed.

(Ord. 87-2025. Passed 1-12-26.)

1150.05 ANIMAL BOARDING.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.06 BAIL BOND LENDING USES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. No such use shall be issued a Zoning Permit by the Building Commissioner or be permitted to commence except following review and written authorization of the City Council. In reviewing a proposed use, the Planning Commission, the Zoning Board of Appeals, and the City Council shall consider the use’s vicinity to existing and planned schools, daycare facilities, playgrounds, libraries, parks, recreational fields, and places of worship; the use’s vicinity to existing or planned Adult-Oriented Uses, Bail Bond Lending Uses, Pawn Shops, Marijuana-, Vape-, or Smoke-Oriented Uses, Weapons-Oriented Uses, and Vehicle Storage Uses; the use’s vicinity to governmental offices; and the use’s vicinity to existing or planned residential and institutional properties. (Ord. 87-2025. Passed 1-12-26.)

1150.07 COMMERCIAL AGRICULTURE.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. No Commercial Agriculture use shall be conducted except where it satisfies all of the following conditions:

(i) The Commercial Agriculture use is located on a lot of greater than one acre and on a lot that is not part of a platted subdivision.

(ii) Tilled or planted crop areas or areas where animals are contained shall be set back at least fifty (50) feet from abutting residential and at least fifty (50) feet from any public right-of-way.

(iii) Structures shall only be permitted on lots of five acres or greater and shall be limited to (i) one building for storage of equipment and materials used in the agricultural activity and/or for the keeping of animals set back at least 100 feet from side and rear lot lines, with a maximum building floor area of 4,000 square feet; (ii) one farm stand set back at least fifty (50) feet from the public right-of-way and set back at least 100 feet from side and rear lot lines and occupying a maximum of 200 square feet; and (iii) greenhouses, hoop houses, and/or high tunnels that are set back at least 100 feet from the public right-of-way and at least 100 feet from side and rear lot lines.

(iv) On-site sales shall be limited to products grown entirely on the lot and may only be conducted in a farm stand or within other permitted structures.

(Ord. 87-2025. Passed 1-12-26.)

1150.08 COTTAGE COURT RESIDENTIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

(i) Applicability. These cottage court standards shall apply to any development that fits the definition of Cottage Court Residential, as defined by this Code.

(ii) Ownership Model of Cottage Courts. Cottage courts may be organized in one of the following ownership models:

(1) All Units on One Lot. In this ownership model, all of the housing units, all common area, and all parking is located on one lot and has one owner. Typically, this ownership model is employed where the units of the cottage court are renter-occupied. In this case, any code violations can be directed to the landlord.

(2) Condominium. In this ownership model, the housing units themselves are condominiums and are individually owned. However, all of the land, including the land under the condominiums, is communally owned by a condominium association. The owners of the individual condominiums are members of the condominium association and make decisions according to their bylaws. In this case, any code violations for building maintenance of individual units can be directed to the unit’s owner, and any code violations for landscaping or other land-related regulations can be directed to the condominium association.

(3) Landominium. In this ownership model, the housing units themselves and the land under the housing units—and sometimes additional buffer of land around each of the units—are individually owned. Other land, including a common green space, buffer area, utility or garbage storage areas, etc., are owned by a condominium association. The owners of the individual housing units are members of the condominium association and make decisions according to their bylaws. In this case, any code violations for building maintenance of individual units or the land owned by the owners of such individual units can be directed to the unit’s owner, and any code violations for landscaping or other land-related regulations on communal land can be directed to the condominium association.

(4) Private Land with Access Easements. In this ownership model, there is no communally owned land. Each housing unit is individually owned, and each housing unit owner also owns the land under the unit and surrounding the unit. One landowner’s property extends all the way to the neighbor’s property. The lot lines extend all the way to the center of the communal foot path, and an access easement is granted along the portion of each lot that contains the communal footpath. Any code violation can be directed to the owner of land on which the violation has occurred.

(iii) Lot Area and Lot Width for Cottage Court Dwellings. Land intended for development into a cottage court dwelling with a landominium ownership model is exempt from the lot area requirements of the district in which they are located; however, the collective area of all lots in the cottage court development and all homeowners association-owned land must add up to at least 2,200 square feet per dwelling unit.

Figure 1150-01: Graphic showing cottage courts oriented towards a common green

with parking accessed from the alleyway where possible.

(iv) Cottage Court Standards. No dwelling unit within the cottage court shall be developed except where such dwelling unit satisfies all of the following conditions:

(1) The dwelling unit is contained within a detached structure and is not considered a duplex or other multi-family structure;

(2) The dwelling unit contains a front porch of at least 80 square feet; the front porch shall be oriented towards the common open space;

(3) The dwelling unit does not exceed 850 square feet; the open front porch shall not contribute to the total square footage of the dwelling unit; and

(4) The dwelling unit’s exterior walls shall maintain a separation from the external walls of all other dwelling units within the cottage court of at least twice the required side setback in the district in which it is located. For example, if, in the Residential 1 District, the side yard setback is five (5) feet minimum, no cottage court in the Residential 1 District shall have dwelling units that have a separation of less than 10 feet.

(v) Plan Required. No cottage court shall be permitted except where an application for such use contains a to-scale plan illustrating (1) the location of each cottage site, (2) interior circulation, (3) access to public rights-of-way, (4) screening, (5) solid waste storage and removal areas, and (6) emergency fire-response fire lanes and fire hydrant locations.

(vi) Emergency Response for Cottage Courts. No cottage court shall be permitted except where each dwelling unit within the cottage court is adequately accessible to public emergency response, including fire response, medical response, and law enforcement response; any application for a zoning permit for a cottage court shall be subject to review and approval by the City.

(vii) Water and Sewerage. No cottage court shall be permitted except where each dwelling unit within the cottage court is connected to a public water supply. No cottage court shall be permitted except where each dwelling unit within the cottage court is connected to public sewerage; public sewerage, for the purposes of this provision, may include a County Health Department-approved communal septic processing facility.

(C) Accessory Use Standards. For details on accessory uses associated with this land use, such as home occupations, please refer to Chapter 1151 “Accessory Use and Structure Regulations.” (Ord. 87-2025. Passed 1-12-26.)

1150.09 CRAFT AND ART INDUSTRIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall City of Garfield Heights, Ohio, Planning and Zoning Code apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.10 DAY CARE FACILITY.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.11 EMERGENCY AND IN-PATIENT MEDICAL SERVICES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. No Emergency and In-Patient Medical Services use shall be conducted except where all of the following conditions are satisfied:

(i) The Emergency and In-Patient Medical Services uses, where a helipad is used, provides a minimum of 500 feet (as measured on a direct path) of separation between the edge of the helipad and any structure containing or arranged to contain a residential use.

(ii) Protected pedestrian-ways shall be provided to connect the public sidewalk network to the main entrance of the building. Protected pedestrian-ways shall be provided within or alongside all parking areas and shall connect each parking space with the entrance of the building. All protected pedestrian-ways shall be traversable by wheelchairs and shall be adequately maintained by clearing all debris and snow to ensure continuous safe use by persons with disabilities.

(iii) Biohazardous waste and biomedical waste shall be appropriately isolated from the general solid waste stream, appropriately stored, and hauled off site by a licensed biohazard handling company.

(Ord. 87-2025. Passed 1-12-26.)

1150.12 HEAVY INDUSTRIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.13 INDOOR DINING, DRINKING, AND ENTERTAINMENT.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.14 INDOOR RECREATION/COMMUNITY CENTERS.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.15 INDOOR SALES AND SERVICES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.16 LARGE INDOOR EVENTS CENTER.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. No Large Indoor Events Center shall be constructed except on a lot within the Commercial District or on a lot of greater than one acre in any other district. (Ord. 87-2025. Passed 1-12-26.)

1150.17 LARGE UTILITY.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

(i) Large utility uses shall be completely surrounded by an opaque fence of at least 8 feet in height; please note that, where this use is conducted in a district that does not generally permit an 8-foot-high fence, this provision shall be interpreted as overriding such district-specific limits on fence height.

(ii) Any structure associated with a large utility use, such as piping, pump houses, electrical substation converters or inverters, shall be distanced from any adjacent lot that permits residential uses by at least 50 feet; please note that other regulations, such as the building code, health code, state code, or federal code, may require greater separation from residential land uses than this provision.

(iii) No wind turbine shall be erected except where its base is set back from all lot lines by a distance equal to its height, where the height of a wind turbine shall be measured from the ground elevation to the highest reach of any of its blades.

(iv) No wind turbine shall impair the safe operation of aircraft, as determined by the Federal Aviation Administration.

(v) For wireless telecommunications towers, antennae, shelters, and facilities, refer to regulations in Chapter 1154 “Wireless Telecommunications Towers and Facilities” of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

1150.18 LIBRARIES, MUSEUMS, PLAYHOUSES, AND PLACES OF WORSHIP.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.19 LIGHT INDUSTRIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

(i) No Light Industrial use shall emit fumes, odors, vibrations, dust, or other effects that may pose a threat to the safety or health of land users on adjacent lots, or that may damage the integrity of structures on adjacent lots.

(ii) Biohazardous waste and biomedical waste shall be appropriately isolated from the general solid waste stream, appropriately stored, and hauled off site by a company licensed to handle biohazardous waste.

(Ord. 87-2025. Passed 1-12-26.)

1150.20 LODGING.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.21 MARIJUANA-, VAPE-, OR SMOKE-ORIENTED USES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

(i) No marijuana-oriented use shall operate except in conformity with State standards as administered by the Ohio Department of Commerce, Division of Cannabis Control.

(ii) No use, whether defined as a Marijuana-, Vape-, or Smoke-Oriented Use or as another use term, shall permit the emission of tobacco, marijuana, or vape smoke that may cause a health hazard to the occupants of adjacent properties, such as second-hand tobacco or marijuana smoke.

(iii) No such establishment may be located within 1,000 feet of any existing smoke shop or tobacco store, measured in a straight line from building entrance to building entrance. Additionally, no such establishment may be located within 600 feet of a public or private park, playground, or school, measured in a straight line from building entrance to nearest property line.

(iv) No such use shall be issued a Zoning Permit by the Building Commissioner or be permitted to commence except following review and written authorization of the City Council. In reviewing a proposed use, the Planning Commission, the Zoning Board of Appeals, and the City Council shall consider the use’s vicinity to existing and planned schools, daycare facilities, playgrounds, libraries, parks, recreational fields, and places of worship; the use’s vicinity to existing or planned Adult-Oriented Uses, Bail Bond Lending Uses, Pawn Shops, Marijuana-, Vape-, or Smoke-Oriented Uses, Weapons-Oriented Uses, and Vehicle Storage Uses; the use’s vicinity to governmental offices; and the use’s vicinity to existing or planned residential and institutional properties.

(Ord. 87-2025. Passed 1-12-26.)

1150.22 ONE-UNIT RESIDENTIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

1150.23 OUTDOOR DINING, DRINKING, AND ENTERTAINMENT.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards.

(i) No Outdoor Dining, Drinking, and Entertainment use shall be conducted during hours prohibited by the conditional use approval granted by the Board of Zoning Appeals.

(ii) No Outdoor Dining, Drinking, and Entertainment use shall utilize sound amplification unless specifically permitted per the conditional use approval granted by the Board of Zoning Appeals.

(iii) No Outdoor Dining, Drinking, and Entertainment use shall allow for the emission of smoke, including cigarette smoke, that may jeopardize the health of neighboring occupants.

(iv) Please note additional noise control regulations in Chapter 535 of the City of Garfield Heights’s Codified Ordinances.

(Ord. 87-2025. Passed 1-12-26.)

1150.24 OUTDOOR SALES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. The outdoor display of commercial equipment, materials, or products for sale or rent is prohibited, unless the outdoor display is set back from the front lot line(s) a distance equal to the minimum front yard setback required for that district. Any sign that is part of an outdoor display shall comply with Title Five "Sign Regulations”.

(Ord. 87-2025. Passed 1-12-26.)

1150.25 OUTDOOR VENUES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.26 PAWN SHOPS.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

1150.27 PRESERVES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.28 RESIDENTIAL CARE HOUSING.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

1150.29 SCHOOLS.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

(Ord. 87-2025. Passed 1-12-26.)

1150.30 SPORTS FIELDS AND OUTDOOR RECREATION.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. No Sports Fields and Outdoor Recreation use shall illuminate outdoor lighting from poles higher than 50 feet between 10:00pm and 7:00am, except by conditional use approval. (Ord. 87-2025. Passed 1-12-26.)

1150.31 TOWNHOUSE RESIDENTIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

(i) Applicability. These townhouse standards shall apply to any development that fits the definition of Townhouse Residential land use, as defined by this Code.

(ii) Side Setbacks for Townhouses. Townhouses are exempt from the side setbacks of the district in which they are located where they abut another townhouse in the contiguous townhouse structure. However, where two townhouse structures are next to one another, they shall maintain a separation of at least twice the required side setback for that district. In the case that a townhouse structure in one district is placed next to a townhouse structure of another district, the townhouse structures shall be separated by at least the required side setback of the first district plus the required side setback of the other district.

(iii) Lot Widths for Townhouses. Townhouses with a landominium ownership model are exempt from the lot width requirements of the district in which they are located, but they must be at least 15 feet wide.

(iv) Lot Area for Townhouses. Land intended for development into townhouses with a landominium ownership model are exempt from the lot area requirements of the district in which they are located; however, the collective area of all lots in the townhouse development and all homeowners association-owned land must be at least 2,200 square feet per dwelling unit.

Figure 1150-02: Graphic of a four-unit townhouse structure. In this example, the

townhouses are each located on their own lot, representing a fee-simple approach,

where no land is communally owned by a homeowners association (HOA).

(v) Ownership Model of Townhouse Residential Developments. Townhouses have four main ownership models, as described and illustrated below:

(1) Rentals. In this ownership model, all of the housing units, all common area, and all parking is located on one lot and has one owner. Typically, this ownership model is employed where the units of the townhouse complex are renter-occupied. In this case, any code violations can be directed to the landlord.

(3) Landominium. In this ownership model, the housing units themselves and the land under the housing units—and sometimes additional land adjacent to the units—are individually owned. Other land, including a common green space, buffer area, utility areas, etc., are owned by a condominium association. The owners of the individual housing units are members of the condominium association and make decisions according to their bylaws. In this case, any code violations for building maintenance of individual units or the land owned by the owners of such individual units can be directed to the unit’s owner, and any code violations for landscaping or other land-related regulations on communal land can be directed to the condominium association.

(4) Fee-Simple. In this ownership model, there is no communally owned land. Each housing unit is individually owned, and each housing unit owner also owns the land under the unit and surrounding the unit. One landowner’s property extends all the way to the neighbor’s property. Generally, these types of townhouse lots extend from the public street in the front to the public alley in the rear. Any code violation can be directed to the owner of land on which the violation has occurred.

(vi) Plan Required. No townhouse shall be permitted except where an application for such use contains a to-scale plan illustrating (1) the location of each townhouse, (2) interior circulation, if applicable, (3) access to public rights-of-way, (4) screening, (5) solid waste storage and removal areas, and (6) emergency fire-response fire lanes and fire hydrant locations.

(vii) Emergency Response for Townhouses. No townhouse shall be permitted except where each townhouse unit within the complex is adequately accessible to public emergency response, including fire response, medical response, and law enforcement response; any application for a zoning permit for a townhouse complex shall be subject to review and approval by the City.

(C) Accessory Use Standards. For details on accessory uses associated with this land use, such as home occupations, please refer to Chapter 1151 “Accessory Use and Structure Regulations.”

(D) Cottage Court Standards. This use term is not the same as Cottage Court Residential uses. For details on the development of cottage courts, please refer to §1150.08 “Cottage Courts Residential”. (Ord. 87-2025. Passed 1-12-26.)

1150.32 TWO-UNIT RESIDENTIAL.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards. This Planning and Zoning Code does not contain standards specific to this land use; however, please note that this Planning and Zoning Code’s district-specific standards, sign standards, and generally applicable standards shall apply to this land use, and please note that the Building Code standards shall apply to this land use.

1150.33 VEHICLE SALES, RENTAL, REFUELING, REPAIR, AND SERVICING.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) The outdoor storage of recreational vehicles (RVs) shall be governed by §1155.18 “Parking of Recreational Vehicles”.

(i) No painting of vehicles shall occur in an outdoor setting.

(ii) No car wash or car cleaning establishment shall operate within 500 feet of a residential use during the hours of 10:00pm to 8:00am.

(iii) No storage of volatile, combustible, or hazardous fluid shall occur within 100 feet of a residential use.

(iv) The storage of inoperable vehicles shall be limited to five vehicles per indoor repair bay. For the purposes of this provision, an inoperable vehicle is any vehicle that cannot normally start and drive or lacks fuel, one or more inflated tires, one or more operable lights, or one or more windows or mirrors. (Ord. 87-2025. Passed 1-12-26.)

1150.34 VEHICLE STORAGE.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) The outdoor storage of recreational vehicles (RVs) shall be governed by §1155.18 “Parking of Recreational Vehicles”.

(i) Where more than ten (10) fleet vehicles, commercial vehicles, school buses, recreational vehicles, or boats are stored and where the storage area is within 200 feet of an adjacent lot, the vehicle storage area shall be screened with a eight-foot-high opaque fence or hedgerow on all sides, except where a building serves as screening and except where there is an entrance or exit to the storage area.

(ii) No such use shall be issued a Zoning Permit by the Building Commissioner or be permitted to commence except following review and written authorization of the City Council. In reviewing a proposed use, the Planning Commission, the Zoning Board of Appeals, and the City Council shall consider the use’s vicinity to existing and planned schools, daycare facilities, playgrounds, libraries, parks, recreational fields, and places of worship; the use’s vicinity to existing or planned Adult-Oriented Uses, Bail Bond Lending Uses, Pawn Shops, Marijuana-, Vape-, or Smoke-Oriented Uses, Weapons-Oriented Uses, and Vehicle Storage Uses; the use’s vicinity to governmental offices; and the use’s vicinity to existing or planned residential and institutional properties.

(Ord. 87-2025. Passed 1-12-26.)

1150.35 WEAPONS-ORIENTED USES.

(A) Definition. The definition of this land use can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards

(i) No Weapons-Oriented use shall be conducted except where distanced at least 500 feet from any residential use.

(Ord. 87-2025. Passed 1-12-26.)

1151.01 DEFINITION.

The definition of accessory uses and accessory structures can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

1151.02 PERMISSIBILITY OF ACCESSORY USES AND STRUCTURES.

Accessory uses and accessory structures are allowed in any district unless otherwise specified by this Chapter, this Planning and Zoning Code, or other City provision.

(Ord. 87-2025. Passed 1-12-26.)

1151.03 PERMIT REQUIRED FOR ACCESSORY USES.

A zoning permit is not required for most accessory uses except where specified by this Planning and Zoning Code, such as for Day Care Homes.

(Ord. 87-2025. Passed 1-12-26.)

1151.04 PERMIT REQUIRED FOR ACCESSORY STRUCTURES.

A zoning permit is required for any accessory structure that occupies more than 10 square feet and less than 200 square feet. Fences, regulated in Chapter 1157, shall require a fence permit. (Ord. 87-2025. Passed 1-12-26.)

1151.05 SIGNS.

Outdoor advertising or signs may be considered accessory uses and structures, but such uses and structures are not regulated by this Chapter; signs are regulated in Title Five "Sign Regulations”. (Ord. 87-2025. Passed 1-12-26.)

1151.06 LOCATION OF ACCESSORY STRUCTURES.

(A) An accessory use and any accessory structure in or on which it is conducted must be located on the same lot as or an abutting lot to the principal use with which it is City of Garfield Heights, Ohio, Planning and Zoning Code associated; this provision may be waived through a variance granted by the Board of Zoning of Appeals.

(B) Arrangement. An accessory dwelling unit may be arranged as a detached structure, such as a garage conversion or a carriage house; or as a structure attached to or a part of the principal dwelling, such as a basement unit or an attic unit.

(Ord. 87-2025. Passed 1-12-26.)

1151.07 REQUIRED SETBACKS FOR ACCESSORY STRUCTURES.

(A) With the exception of certain accessory structures detailed in this Section, all portions of an accessory structure shall be set back from any lot line by at least three horizontal feet.

(B) Exceptions to Accessory Structure Setback Requirements

(i) Ground-level uses and structures, such as asphalt or concrete paving, pavers, mulching, sod, artificial turf, gardens and landscaping, and wood or faux-wood decking entirely within eight (8) inches of ground level, shall not be subject to the setback requirements that are generally applicable to accessory structures found in this subsection. Raised garden beds shall constitute ground-level structures if the tops of their sidewalls are within twelve (12) inches of ground level.

(ii) Within districts with minimum front setbacks for principal structures of ten (10) feet or less: front porches, balconies, elevated terraces, and stoops, where such accessory structures are not enclosed by windows and are open to the outdoors--except for railings, waist-level walls, or insect screens--shall not be subject to the front setback requirement that are generally applicable to accessory structures found in this subsection; instead, such accessory structures may extend up to six feet from the front of the principal structure. Such accessory structures shall not be permitted to extend beyond the front lot line into the public right-of-way unless granted an encroachment permit by the City.

(iii) Fences shall be considered accessory structures but shall not be subject to the setback requirements that are generally applicable to accessory structures found in this subsection; fences are regulated by Chapter 1157 “Fence Standards”.

(iv) Signs shall not be subject to the setback requirements that are generally applicable to accessory structures found in this subsection; signs are regulated by Title Five "Sign Regulations”.

(v) With the exception of wind turbines mounted to the roof of the principal structure, no wind turbine shall be erected except where its base is set back from all lot lines by a distance equal to its height, where the height of a wind turbine shall be measured from the ground elevation to the highest reach of any of its blades.

(vi) Add-on accessibility ramps and add-on accessibility elevators designed to allow access to the premises for persons with disabilities or with ambulatory challenges shall not be required to conform to the setback requirements that are generally applicable to accessory structures found in this subsection; instead, such accessibility ramps and accessibility elevators shall be permitted to be installed up to the edge of any lot line. This provision shall not apply to permanent accessibility ramps, such as those constructed with concrete as part of a new commercial structure, and shall not apply to permanent, integrated elevators, such as those installed in permanent elevator shafts in a new commercial or multi-unit residential building. (Ord. 87-2025. Passed 1-12-26.)

1151.08 HEIGHT MAXIMUMS FOR ACCESSORY STRUCTURES.

No accessory structure shall be erected except where such accessory structure satisfies all of the following conditions:

(A) On any portion of the lot where a principal structure would be permitted to be built, such as any area of the lot far enough from a lot line to meet the required minimum setback requirements for principal structures, no portion of an accessory structure may exceed the maximum height allowed for a principal structure in the district in which it is located; such height allowances can be found within the applicable district section of Title Two "Zoning District Standards”. Please note, however, that this Code allows for exceptions to height allowances for specified features, such as steeples, chimneys, wind turbines, and the like; for such exceptions, please refer to §1136.02 “Exceptions to Height Maximums”.

(B) On any portion of the lot where a principal structure would not be permitted to be built, such as any area of the lot closer to a lot line than required by the minimum setback requirements for principal structures, no portion of an accessory structure may exceed 18 feet in height; this provision shall not apply to signs, which are regulated by Title Five "Sign Regulations”. Please note, however, that this Code allows for exceptions to height allowances for specified features, such as steeples, chimneys, wind turbines, and the like; for such exceptions, please refer to §1136.02 “Exceptions to Height Maximums”.

(C) No accessory structure, including an accessory wind energy system, shall impair the safe operation of aircraft, as determined by the Federal Aviation Administration. (Ord. 87-2025. Passed 1-12-26.)

1151.09 SWIMMING POOL AND HOT TUB FENCES.

Swimming pools and hot tubs shall be required to install a fence to prevent the accidental entrance and drowning of children; such regulations can be found in Chapter 1157 “Fence Standards”. (Ord. 87-2025. Passed 1-12-26.)

1151.10 SPECIFIC ACCESSORY USE AND ACCESSORY STRUCTURE STANDARDS.

Specific accessory use and accessory structure standards are included for accessory dwelling units, home occupations, cottage industries, and family day-care homes. These standards can be found in the following subsections. (Ord. 87-2025. Passed 1-12-26.)

1151.11 STANDARDS APPLICABLE TO ACCESSORY DWELLING UNITS.

(A) Definition. An accessory dwelling unit is a dwelling unit that facilitates a dwelling use secondary to a principal one-unit dwelling. Accessory dwelling units are sometimes referred to as granny flats, in-law suites, and carriage houses. If a lot contains a principal dwelling and an accessory dwelling, and if such accessory dwelling is detached from the principal dwelling, the accessory dwelling shall be the dwelling with the greater setback from the front lot line.

(B) Eligibility. No accessory dwelling unit may be erected except where all of the following conditions are satisfied:

(i) The accessory dwelling unit is located within a district that permits one-unit dwellings via administrative review;

(ii) The accessory dwelling unit is located on a lot that contains a one-unit dwelling;

(iii) The accessory dwelling unit is located on a lot that conforms to the minimum lot area, minimum lot width, and minimum lot depth standards of the district in which it is located.

(C) Creation. An accessory dwelling unit may be created through new construction, the conversion of an existing structure, as an addition to an existing structure, or as a conversion of a qualifying existing one-unit dwelling during the construction of a new principal dwelling unit on the site.

(D) Arrangement. An accessory dwelling unit may be arranged as a detached structure, such as a garage conversion, or as attached to the principal one-unit dwelling, such as a basement unit or an attic unit.

Figure 1151-01: Graphic showing an attic unit ADU (accessory dwelling unit).

Figure 1151-02: Graphic showing an above-garage ADU (accessory dwelling unit).

Figure 1151-03: Graphic showing a detached, backyard ADU (accessory dwelling unit).

(E) Amenities Required. An accessory dwelling unit shall, at a minimum, contain all of the following amenities:

(i) A sleeping area or a bedroom area as defined by the applicable building code and provides light, air, ingress, and egress as required by the applicable building code;

(ii) A toilet and bathing facility;

(iii) A “junior kitchen” area that includes a kitchen sink and allows for the installation of plug-in kitchen appliances, such as a microwave, a single-burner, a toaster oven, and similar devices, meeting plumbing, electrical, and fire prevention requirements of the applicable building code; and

(iv) Utility separation from the principal one-unit dwelling where required by the applicable building code.

(F) Quantity. No lot may contain more than one accessory dwelling unit.

(G) Occupancy and Use.

(i) An accessory dwelling unit must conform to all building code and health code standards applicable to all dwellings.

(ii) Occupancy of an accessory dwelling unit shall be limited to two adults per bedroom, as bedroom is defined by the building code; children shall not be counted for the purposes of this provision.

(H) Size and Height.

(i) No accessory dwelling unit may exceed 1,200 square feet of gross floor area.

(ii) Accessory dwelling units shall conform to the height maximums generally applicable to accessory structures.

(I) Location. If an accessory dwelling unit is detached from the principal structure, no portion of such accessory dwelling unit shall be closer to the front lot line than the forward-most portion of the principal structure.

(J) Screening. If an accessory dwelling unit is detached from the principal structure and is within six feet of a rear lot line or side lot line, such lot lines shall be screened with (1) six-foot-high opaque fencing or (2) a six-foot-high evergreen hedgerow; such fencing or hedgerow shall be required only along the portion of the lot lines within six feet of the accessory dwelling unit. Such screening shall not be required where the lot line abuts a public alleyway. Such screening shall not be required where the side of the accessory dwelling unit within six feet of the lot line does not include any windows or other transparent material; glass blocks and frosted glass shall be treated as non-transparent materials.

Figure 1151-04: Graphic showing screening for an ADU (accessory dwelling unit).

(K) Parking. An accessory dwelling unit shall not require off-street parking.

(Ord. 87-2025. Passed 1-12-26.)

1151.12 STANDARDS APPLICABLE TO HOME OCCUPATIONS.

(A) Definition. The definition of Home Occupation may be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Permitting A home occupation shall be permitted by right in the Residential 1 District, the Residential 2 District, the Neighborhood Mixed-Use District, and the Turney Road Core Mixed-Use District. No application or zoning permit shall be required to conduct a home occupation.

(i) The use shall be clearly incidental and subordinate to the principal residential use.

(ii) The home occupation shall be owned, operated, and conducted by a person for whom the dwelling is the person’s principal residence; however, up to two non-resident persons may be employed in the home occupation. More than two but not more than four non-resident persons may be employed in the home occupation with approval of the Planning Commission after consideration of written application from the business owner detailing factors including but not limited to parking demand and availability, days and hours of employment, location and amount of work space, nature of work, noise generation, and proximity to other dwellings. Persons employed off-site by the home occupation and who do not regularly enter onto the property as part of their employment are not considered employees for purposes of these regulations.

(iii) The home occupation shall be conducted wholly within the dwelling, except that activities associated with the home occupation may be conducted in the rear yard or in an existing accessory building if meeting the following minimum standards:

(iv) The floor area of any accessory building(s) used for the home occupation shall not exceed 500 square feet. Enclosed parking required for the dwelling use shall be maintained in addition to any floor area used for the home occupation.

(v) Outdoor storage of materials, products, waste, equipment, vehicles, trailers, or other items associated with the home occupation may be permitted only in an area of the rear yard not greater than 400 square feet and screened by solid fencing on all sides.

(vi) Activities associated with the home occupation shall only be conducted in the rear yard or in an accessory building between the hours of 7 a.m. and 7 p.m.

(vii) The floor area used for the home occupation (or in total for all home occupations if more than one home occupation is conducted in a dwelling unit) shall not exceed fifty percent (50%) percent of the floor area of the dwelling unit.

(viii) Signs shall comply with the regulations applicable to the zoning district.

(ix) Site or building features of a nonresidential nature shall not be permitted in association with the home occupation; however, the home occupation may, where prudent or required, employ a commercial refuse service or a backflow prevention device on its water supply line.

(x) No heavy truck associated with the home occupation shall be stored at the residence, except within a fully enclosed garage.

(xi) On-site sales or repair of automobiles shall not be conducted as a primary activity or regularly scheduled activity of the home occupation.

(xii) On-site sales of merchandise shall not be conducted as a primary activity or regularly scheduled activity of the home occupation.

(xiii) The home occupation shall not generate traffic in greater volume than normal for a dwelling. Regular shipping or delivery shall only occur in single rear axle straight trucks or smaller vehicles normally serving residential areas.

(xiv) Customers. No more than two clients or customers shall be permitted to visit the dwelling at one time. No home occupation shall allow any in-person customer to occupy a street-parking spot. A home occupation may not serve in-person customers between the hours of 8:00 PM and 7:00 AM.

(xv) No equipment or process shall be permitted which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot or, if in a multiple dwelling, outside of the dwelling unit.

(xvi) The home occupation shall not create any increased service demand upon City services normally provided to the dwelling, including but not limited to volume or type of waste collection.

(xvii) Outdoor Storage of Home Occupation-Related Materials. No home occupation shall result in the storage of materials outdoors and visible from the right-of-way, including lawn care equipment associated with a home occupation, vehicles or tires associated with a home occupation, and fuels or fluids associated with a home occupation.

(xviii) Dog-Related Home Occupations. No home occupation shall comprise the raising and sale of more than one litter of puppies at any time per lot; for the purposes of this provision, a litter of puppies shall be defined as any grouping of dogs born of the same pregnancy and under the age of six (6) months. On any lot of less than three (3) acres or on any lot containing a more than one dwelling unit, no home occupation shall comprise the boarding of more than four (4) dogs; on any other lot, no home occupation shall comprise the boarding of more than six (6) dogs; the number of dogs permitted shall be reduced by one for each dog that resides on the premises; the boarding of more dogs shall constitute a principal Animal Boarding or Shelter use.

(Ord. 87-2025. Passed 1-12-26.)

1151.13 STANDARDS APPLICABLE TO DAY-CARE HOMES.

(A) Definition. The definition of Day Care Home may be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Permitting. A Day Care Home “Type A” is allowed as an accessory to any lawful residential use but shall be permitted only through a conditional use approval granted by the Zoning Board of Appeals. A Day Care Home “Type B” is allowed as an accessory use to any lawful residential use and shall be permitted through an administrative review.

(C) Use-Specific Standards. No day-care home services use shall be conducted except where all of the following conditions are satisfied:

(i) The play area is fenced in, so as to provide a safe and secure environment for the children; and

(ii) The drop-off/pick-up is located so as not to impede traffic safety.

(Ord. 87-2025. Passed 1-12-26.)

1151.14 STANDARDS APPLICABLE TO DRIVE-THRU SERVICES.

(A) Definition. The definition of Drive-Thru Services may be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards.

(i) No Drive-Thru Services use shall cause the blocking of a fire lane, and no vehicle stacking area of a Drive-Thru Services use shall cause the blocking of handicapped accessible parking spaces or use areas.

(ii) No Drive-Thru Services use shall amplify sound to a volume audible by the users of adjacent lots.

(Ord. 87-2025. Passed 1-12-26.)

1151.15 STANDARDS APPLICABLE TO ELECTRIC VEHICLE CHARGING.

(A) Definition. The definition of Electric Vehicle Charging may be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards.

(i) Electric Vehicle Charging shall be considered an accessory use of any vehicle parking space.

(ii) No electric vehicle charger may be located within three feet of a lot line.

(iii) No electric transformer box associated with nine or more electric vehicle charging stations may be situated on a lot except when screened with a fully opaque fence or wall.

(Ord. 87-2025. Passed 1-12-26.)

1151.16 STANDARDS APPLICABLE TO HOME ANIMAL HUSBANDRY.

(A) Definition. The definition of Home Animal Husbandry may be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(B) Use-Specific Standards.

(i) No Home Animal Husbandry use shall be permitted in any multi-unit residential use (i.e., two-unit dwelling, 3-8-unit dwelling, 9-plus-unit dwelling, townhouse dwelling, cottage court dwelling, or mobile home park).

(ii) No Home Animal Husbandry may consist of the raising of any non-pet species except for chickens. Common pet species, such as dogs and cats, shall not be considered Home Animal Husbandry.

(iii) No Home Animal Husbandry accessory use may store or dispose of animal wastes within fifteen (15) feet of a property line.

(iv) No Home Animal Husbandry accessory use shall consist of the slaughtering of animals.

(v) Dog breeding on a lot containing a residential use shall not be permitted.

(vi) Living areas or grazing areas shall be appropriately defined and protected; for example, an enclosure for cattle, horses, or bison shall utilize adequately fortified fencing to prevent break-outs.

(vii) Any electric fencing shall be clearly marked with signs as posing a shock danger using both words and visuals. No electrified fence shall be installed within three feet of a lot line.

(Ord. 87-2025. Passed 1-12-26.)

1151.17 STANDARDS FOR ACCESSORY SOLAR ENERGY SYSTEMS OR WIND ENERGY SYSTEMS.

Solar energy systems and wind energy systems shall be governed by Chapter 1153 “Renewable Energy Systems Regulations”.

(Ord. 87-2025. Passed 1-12-26.)

1152.01 DEFINITION.

The definition of Temporary Use may be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

1152.02 TEMPORARY USE PERMIT.

Permitting. No temporary use shall be permitted except with a valid Temporary Use Permit, issued by the Building Commissioner. For all proposals, the Building Commissioner will require review by the Law Director, Economic Development Director, and Fire Chief to ensure that adequate fire egress or other safety concerns are addressed. Each temporary use permit shall indicate the date at which the use is proposed to begin and the date of expiration of the permit; a Temporary Use Permit may be extended by the Building Commissioner; where the temporary use is conducted after the date of expiration of the Temporary Use Permit, the use shall be considered to be conducted in violation of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

1153.01 SOLAR ENERGY SYSTEMS, DEFINITION.

A solar energy system, for the purposes of this Planning and Zoning Code, shall be considered any photovoltaic panel or array of such panels, intended to produce electricity; this term shall also include solar panels intended to heat water, where such water feeds an electricity generation system or where such water feeds a hot water system of a building. Solar energy system, for the purposes of this Planning and Zoning Code, shall not include passive solar heating, as may be found in greenhouses; shall not include solar panels affixed to vehicles such as RVs; and shall not include solar panels smaller than one square foot, such as those that may be found in outdoor rechargeable decorative lighting or hunter’s trail cameras.

(Ord. 87-2025. Passed 1-12-26.)

1153.02 SOLAR ENERGY SYSTEM AS A PRINCIPAL USE OF A LOT.

(A) Defining a Solar Energy System as a Principal Use. For the purposes of this Planning and Zoning Code, solar energy systems shall be considered principal uses of a lot where the projected annual electricity generation of the solar energy system exceeds one hundred fifty percent (150%) of the projected annual electricity demand of all uses of the lot. or of the total of the lot and an adjacent lot where the electricity generated by the solar energy system supplies electricity to an adjacent lot. For example, where a lot contains one use, a house, and such house is projected to demand 12,000 kWh of electricity per year, a solar energy system would be considered a principal use only where it is expected to generate in excess of 18,000 kWh per year; if it is not expected to generate in excess of 18,000 kWh per year, it shall be considered an accessory use and shall be governed by the following sections of this chapter.

(B) Permitting a Solar Energy System as a Principal Use of a Lot. A solar energy system that is considered a principal use of a lot shall be permitted to be erected or conducted in any district where expressly granted permission through a conditional use review process.

(Ord. 87-2025. Passed 1-12-26.)

1153.03 SOLAR ENERGY SYSTEMS AS ACCESSORY USES.

(A) Defining a Solar Energy System as an Accessory Use. Where a solar energy system is not projected to generate in excess of one hundred fifty percent (150%) of the projected annual energy demand of the principal use of the lot or of the total of the lot and an adjacent lot where the electricity generated by the solar energy system supplies electricity to an adjacent lot, it shall be considered an accessory use to the principal use of the lot or to principal use of the adjacent lot.

(B) Accessory solar energy systems, including their mounting and wiring components, shall be permitted in all districts and shall be controlled by the standards described in the sections below of this Chapter. (Ord. 87-2025. Passed 1-12-26.)

1153.04 SOLAR ENERGY SYSTEMS AS ACCESSORY USES TO ONE-TO-FOUR-UNIT RESIDENTIAL USES.

Where a solar energy system is an accessory use to a one-unit, two-unit, three-unit, or four-unit residential use, it shall conform to all of the following standards:

(A) Roof Flush-Mounting Required. A solar energy system that is accessory to a one-to-four-unit residential use shall be flush-mounted to the roof of the principal structure. For the purposes of this Planning and Zoning Code, flush-mounted shall mean that the solar panels are affixed parallel to the contour of the roof’s surface and shall not extend from the roof’s surface a distance greater than that required by the mounting brackets, typically less than twelve (12) inches.

(B) Mounting to Awnings and Other Roof-Like Surfaces. A solar energy system that is accessory to a one-to-four-unit residential use may be flush-mounted to the following specified roof-like structures only with permission granted through a conditional use review process: permanent over-the-door awnings, permanent over-the-window awnings, permanent roofs of porches, permanent roofs of permitted accessory dwelling units, and permanent roofs of attached or detached garages. No solar energy system shall not be mounted on temporary roofs, such as tarps or plastic roofs, on sheds, or on carports, except where the carports are permanent structures with concrete footings.

(C) Ground-Mounting Prohibited. No solar energy system that is accessory to a one-to-four-unit residential use may be ground-mounted in any yard area. For the purposes of this Planning and Zoning Code, ground-mounted shall mean that the solar panels are placed on or affixed to the ground or are placed or affixed to a frame or armature on to the ground’s surface.

(Ord. 87-2025. Passed 1-12-26.)

1153.05 SOLAR ENERGY SYSTEMS AS ACCESSORY USES OF LARGE RESIDENTIAL USES, COMMERCIAL USES, OR MIXED USES.

Where a solar energy system is an accessory use to a large residential use (i.e., residential uses with five or more units per building), to any non-heavy-industrial commercial use, or to a structure with a mix of commercial and residential uses (i.e., a mixed-use structure), it shall conform to all of the following standards:

(A) Requirements for Roof-Mounting. Roof-mounted solar energy systems that are accessory to a large residential use (i.e., residential uses with five (5) or more units per building), to any non-heavy-industrial commercial use, or to a structure with a mix of commercial and residential uses (i.e., a mixed-use structure) shall be permitted to be mounted at an angle that differs from the slope of the roof and shall be permitted to exceed the maximum structure height within the applicable district; however, no portion of a solar panel in the system shall extend beyond five vertical feet from the roof’s surface at the portion of the roof below the solar panel.

(B) Mounting to Awnings and Other Roof-Like Surfaces. A solar energy system that is that accessory to a large residential use (i.e., residential uses with five (5) or more units per building), to any non-heavy-industrial commercial use, or to a structure with a mix of commercial and residential uses (i.e., a mixed-use structure) may be flush-mounted to the following specified roof-like structures: permanent over-the-door awnings, permanent over-the-window awnings, permanent roofs of porches, permanent roofs of permitted accessory dwelling units, and permanent roofs of attached or detached garages. No solar energy system shall not be mounted on temporary roofs, such as tarps or plastic roofs, on sheds, or on carports, except where the carports are permanent structures with concrete footings.

(C) Ground-Mounting. No solar energy system that is accessory to a large residential use (i.e., residential uses with five (5) or more units per building), to any non-heavy-industrial commercial use, or to a structure with a mix of commercial and residential uses (i.e., a mixed-use structure) may be ground-mounted in any yard area except with permission granted through a conditional use review process. For the purposes of this Planning and Zoning Code, ground-mounted shall mean that the solar panels are placed on or affixed to the ground or are placed or affixed to a frame or armature on to the ground’s surface.

(Ord. 87-2025. Passed 1-12-26.)

1153.06 SOLAR ENERGY SYSTEMS AS ACCESSORY USES TO HEAVY INDUSTRIAL USES.

Where a solar energy system is an accessory use to a heavy industrial use, it shall conform to all of the following standards:

(A) Requirements for Roof-Mounting. Roof-mounted solar energy systems that are accessory to a heavy industrial use shall be permitted to be mounted at an angle that differs from the slope of the roof; however, no portion of a solar panel in the system shall extend greater than five vertical feet from the roof’s surface.

(B) Mounting to Awnings and Other Roof-Like Surfaces. A solar energy system that is accessory to a heavy industrial use may be flush-mounted to the following specified roof-like structures: permanent over-the-door awnings, permanent over-the-window awnings, permanent roofs of porches, and permanent roofs of attached or detached garages. No solar energy system shall not be mounted on temporary roofs, such as tarps or plastic roofs, on sheds, or on carports, except where the carports are permanent structures with concrete footings.

(C) Ground-Mounting in Front Yard Area. No solar energy system that is accessory to a heavy industrial use may be ground-mounted in any front yard area except with permission granted through a conditional use review process; ground-mounting in the side and rear yard area shall be permitted without conditional use review where such panels maintain a five-foot setback from the lot lines and where such panels do not exceed eight feet in height. For the purposes of this Planning and Zoning Code, ground-mounted shall mean that the solar panels are placed on or affixed to the ground or are placed or affixed to a frame or armature on to the ground’s surface.

(Ord. 87-2025. Passed 1-12-26.)

1153.07 REQUIREMENTS APPLICABLE TO ALL SOLAR ENERGY SYSTEMS.

The following requirements apply to all solar energy systems.

(A) Battery Storage Systems. Large energy storage systems, such as industrial-scale batteries, intended to capture and later release the energy produced by solar energy systems, shall be permitted only when granted permission through a conditional use review process. This requirement does not apply to small-scale battery systems, defined as battery systems conventionally found in a home, similar to a Tesla-brand Powerwall, with storage capacities of less than 150 kWh.

(B) Transmission Underground. Power transmission lines from a ground-mounted accessory solar energy system shall be located underground.

(C) No signage or graphic content may be displayed on an accessory solar energy system except the manufacturer’s badge, safety information, and equipment specification information. The total area of such display shall not exceed the size and information required by the National Electrical Code. This display shall not be interpreted as a sign and shall not be subject to this Code’s Title Five "Sign Regulations”.

(D) Roof-mounted panels may not be mounted as to reach beyond the edge of the roofline.

(E) Abandonment and Removal. If a solar energy system is nonfunctional or inoperative for a continuous period of one year, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system and all appurtenances.

(F) Installation shall conform to applicable building and safety codes and manufacturer’s instructions. (Ord. 87-2025. Passed 1-12-26.)

1153.08 REGULATIONS FOR WIND ENERGY SYSTEMS.

No wind energy system, defined hereafter, shall be erected or put to use in the City of Garfield Heights, except where such system qualifies as a nonconforming structure per Title Eight "Nonconformities”. For the purpose of this section, a wind energy system shall be defined as an outdoor structure with spinning, rotating, or oscillating components, driven by the atmosphere’s air currents, designed to generate electricity. Decorative, farm-style windmills that are not connected to an electric generator or a water pump shall not be considered a wind energy system for the purposes of this code.

(Ord. 87-2025. Passed 1-12-26.)

1154.01 PURPOSE OF THE WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES REGULATIONS.

Council hereby intends this chapter to be comprehensive and superseding commercial wireless telecommunications legislation. Wireless telecommunications facilities are permitted as conditional uses in a variety of zoning districts contingent upon a number of requirements being met, including but not limited to meeting all provisions and requirements of these Codified Ordinances. These criteria are in place in an attempt to minimize adverse health, safety, public welfare or visual impacts through buffering, siting, design, and construction and reduction of the need for new towers. (Ord. 87-2025. Passed 1-12-26.)

1154.02 CRITERIA FOR A CONDITIONAL USE APPROVAL.

Wireless telecommunications facilities may be permitted as a conditional use in the City, after application for, and granting of, a conditional use permit, by the Building Commissioner, and approval of said conditional use permit by the Planning Commission and Council. Grant of a permit is dependent upon the applicant meeting all of the general use regulations of this chapter and the particular zoning regulations required in this chapter depending on which zoning district the proposed wireless telecommunications facility is to be located. The following sections describe the steps necessary for the application to be considered for review:

(A) The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

(B) Any applicant requesting permission to install a new tower shall provide evidence of written contracts with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as response(s) shall be presented to the Building Commissioner, Planning Commission, and Council as a means of demonstrating the need for a new tower.

(C) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

(D) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.

(Ord. 87-2025. Passed 1-12-26.)

1154.03 GENERAL USE REGULATIONS FOR WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES.

The following general use restrictions apply to all persons, firms, partnerships, corporations, limited liability companies, trusts, joint stock companies, unincorporated associations, governmental entities, banking institutions, and any other organization wishing to construct, operate, maintain, reconstruct, and/or rebuild a wireless telecommunications facility, and are subject to inspection by the Building Commissioner regardless of whether they are a conditional or permitted use, and regardless of the zoning district in which they are to be located. These general standards are to be supplemented with specific regulations for nonresidential and residential district regulations as set forth later in this Chapter.

(A) A conditional use permit must be issued by the Building Commissioner and approved by the Planning Commission and Council for construction of new towers in nonindustrial districts. However, construction of new towers in industrial districts, collocation of antennas on a single existing tower, and antennas attached to existing structures or buildings that are located in industrial districts, or replacement towers to be constructed at the site of a current tower, are permitted uses and will not be subject to the conditional use permitting process.

(B) Any decision to deny a request to place, construct, or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission, or in a written record of the investigation by the Building Commissioner.

(C) All providers utilizing towers shall notify the Building Commissioner of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Mayor may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility). The facility's owner/operator will receive written notice from the Building Commissioner of instructions to reactivate the facility's use within 180 days, or to dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove or contract to have removed the facility and assess the owner/operator the costs.

(D) When a proposed wireless telecommunications facility is to include a new tower, a plot plan at scale of not less than one (1) inch equal to 100 feet shall be submitted. This plot plan shall indicate all building's uses within 500 feet of the proposed facility. Aerial photos and/or renderings shall augment the plot plan.

(E) The location of all towers and equipment shelters shall comply with all natural resource protection standards established in the Planning and Zoning Code, including those for floodplain, wetlands, and steep slopes.

(F) Security fencing ten (10) feet in height, topped with barbed wire shall completely surround all towers, equipment shelters and any guy wires, either completely or individually as determined by the Planning Commission.

(G) The following buffer planting may be required around the perimeter of the security fence as deemed appropriate by the Building Commissioner:

(i) An evergreen screen shall be planted that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees planted five (5) feet on center maximum.

(ii) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(H) Any application to locate an antenna on a building or structure that is listed on an historic register, or is in an historic district shall be subject to special review by the Building Commissioner.

(I) All towers shall be painted or colored a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the FCC or FAA. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(J) No advertising is permitted anywhere on the facility, with the exception of identification signs.

(K) Any tower over 100 feet shall be artificially lighted to assure safety. Any tower between 100 and 200 feet in height shall follow safety markings and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.

(L) "No Trespassing" signs, four (4) feet by four (4) feet, shall be posted around all facilities with a telephone number of who to contact in the event of an emergency. Said signs shall be maintained by the owner/operator at all times.

(M) Applicants shall provide evidence of legal access to the tower site, and thereby maintain this access regardless of other developments that might take place on the site.

(N) Underground equipment shelters shall be placed at all wireless telecommunications tower sites in nonindustrial districts, and are encouraged in industrial areas, and may be requested by the Building Commissioner.

(O) A report prepared by a licensed professional engineer shall be included with the submitted application and shall contain the height, design, proof of compliance with nationally accepted structural standards and a description of the tower's capacity, including the number and types of antennas it can accommodate.

(P) A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the Municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

(Q) Towers and antenna shall be designed to resist wind loads in accordance with EIA/TIA 222-E listed in Chapter 35 of the Ohio Basic Building Code. Consideration shall be given to conditions involving wind load on ice-covered sections in localities subject to sustained freezing temperatures.

(R) All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas, including but not limited to all electromagnetic emissions standards established by the FCC. If such standards and regulations are changed, then the owner/operators of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(S) The facility owner/operator shall present a maintenance plan in which they will be responsible for the upkeep of the site.

(T) The wireless telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic and necessary maintenance, or emergencies.

(U) If the antenna or facility encroaches on the City right-of-way, the applicant may, at the discretion of the Building Commissioner, be subject to the additional provisions of the Garfield Heights right-of-way permit.

(Ord. 87-2025. Passed 1-12-26.)

1154.04 NON-RESIDENTIAL USE REGULATIONS.

Wireless telecommunications facilities proposed for the following zoning districts – Commercial District and Special Use District - are subject to the following conditions:

(A) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

(i) The minimum lot size is three (3) acres, and 200 feet of minimum lot width.

(ii) The minimum yard requirement shall provide that all towers be a minimum distance of 350 feet from any single-family, two-family, or other residential use or district line, with the equipment shelter to be a minimum distance of fifty (50) feet from the same.

(iii) The maximum height of the tower shall be 200 feet, including the uppermost of any antenna, except that the height from the base of such structure either attached or detached from its foundation, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line, with equipment shelters to be a maximum height of fifty (50) feet.

(iv) The maximum size of the equipment shelter shall be 300 square feet.

(B) Combined With Another Use. A wireless telecommunications facility is permitted on a property with an existing use, subject to the following requirements:

(i) The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure.

(ii) The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing and buffer planting.

(iii) The minimum yard requirement shall provide that all towers be a minimum distance of 350 feet from any single-family, two-family, or other residential use or district line, with the equipment shelter to be in compliance with minimum setback requirements for the primary lot.

(iv) Access for service to the equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.

(v) The maximum height of the tower shall be 200 feet, including the uppermost of any antenna; except that the height from the base of such structure either attached or detached from its foundation, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line, with equipment shelters to be a maximum height of fifty (50) feet.

(vi) The maximum size of the equipment shelter shall be 300 square feet.

(C) Combined With an Existing Structure. An antenna for a wireless telecommunications facility is permitted if attached to an existing structure or building subject to the following conditions:

(i) The maximum height of the antenna shall be twenty (20) feet or not above the existing building, structure or tower by twenty percent (20%) of the existing building's, structure's or tower's height, whichever is greater.

(ii) If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on, in, or attached to the existing building), the shelter shall comply with the following:

(1) The minimum setback requirements for the subject zoning district.

(2) A buffer yard planted in accordance with Chapter 1158 “Screening and Buffer Zone Standards”.

(3) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

(4) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one facility or antenna, a total of 750 square feet. (Ord. 87-2025. Passed 1-12-26.)

1154.05 RESIDENTIAL USE REGULATIONS.

(A) Wireless telecommunications facilities that include towers are not permitted in residential districts with the exception of the selected conditional uses outlined in subsections (C) and (D) below, and as outlined in subsections (E) and (F) below (e.g. antennas or towers attached to existing buildings or structures or constructed in open space).

(B) In applying for a conditional use permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential district. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a residential district subject to the following conditions:

(C) Located on a Special Use Property. A tower to support an antenna may be constructed on a property with one or more of the following uses: park, library, hospital, municipal or governmental building, facility or structure, agricultural use and utility use subject to the following conditions:

(i) The tower shall not be constructed on a property used for a school, day care, nursing home, church or place of public or religious assembly.

(ii) The tower shall be set back from any property line abutting a single family, two-family, or other residential lot by 350 feet.

(iii) The maximum height of the tower shall be 200 feet, including the uppermost of any antenna; except that the height from the base of such structure either attached or detached from its foundation, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line, with equipment shelters to be a maximum height of thirty-five (35) feet.

(iv) The maximum size of the equipment shelter shall be 300 square feet.

(v) Vehicular access to the tower and equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.

(D) Combined With Special Use. An antenna may be attached to a building or a structure that has a U8 Special Use designation in the district; including but not limited to, a park, library, hospital, municipal or governmental building, facility or structure, agricultural use or structure owned by a utility, provided that the following conditions shall be met:

(i) The maximum height of the antenna shall be twenty feet or not above the existing building, structure, or tower by twenty percent (20%) of the existing building's, structure's or tower's height, whichever is greater.

(1) The minimum setback requirements for the subject zoning district.

(2) A buffer yard planted in accordance with Chapter 1158 “Screening and Buffer Zone Standards”.

(3) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

(4) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one facility or antenna, a total of 750 square feet.

(E) Located in Open Space. A tower to support an antenna may be constructed on a property that is permitted on land that has been established as permanent open space, or a park subject to the following conditions:

(i) The tower shall be set back from any property line abutting a single family, two-family, or other residential lot by 350 feet.

(ii) The maximum height of the tower shall be 200 feet, including the uppermost of any antenna; except that the height from the base of such structure either attached or detached from its foundation, or the uppermost point at which such structure is attached to a building, to the top of such structure shall not be greater than the horizontal distance from the base of the structure to the nearest adjoining property line, with equipment shelters to be a maximum height of thirty-five (35) feet.

(iii) The maximum size of the equipment shelter shall be 300 square feet.

(iv) Vehicular access to the tower and equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.

(v) The open space shall be owned by the Municipality, County, or State government, a homeowner's association, charitable organization or a private, non-profit conservation organization.

(F) Combined with Certain Residential Buildings. An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:

(i) The maximum height of the antenna shall be ten (10) feet.

(1) The minimum setback requirements for the subject zoning district.

(2) A buffer yard planted in accordance with Chapter 1158 “Screening and Buffer Zone Standards”.

(3) Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

(4) The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one facility or antenna, a total of 750 square feet.

(Ord. 87-2025. Passed 1-12-26.)

TITLE ONE A

Subdivision Control

TITLE ONE

Introduction to the Planning and Zoning Code

TITLE TWO

Zoning District Standards

TITLE THREE

Land Use Standards

CHAPTER 1145 Purpose of Land Use Standards Title
CHAPTER 1146 Land Uses Restricted by District and by Use Type
CHAPTER 1147 Unlisted Land Uses Prohibited
CHAPTER 1148 Interpretation of Land Uses
CHAPTER 1149 Allowed Land Uses
CHAPTER 1150 Use-Specific Regulations for Principal Uses
CHAPTER 1151 Accessory Use and Structure Regulations
CHAPTER 1152 Temporary Use Regulations
CHAPTER 1153 Renewable Energy Systems Regulations
CHAPTER 1154 Wireless Telecommunications Towers and Facilities

TITLE FOUR

Generally Applicable Regulations

TITLE FIVE

Sign Regulations

TITLE SIX

Environmental Regulations

TITLE SEVEN

Administration and Procedures

TITLE EIGHT

Nonconformities

TITLE NINE

Glossary of Terms

Garfield Heights City Zoning Code

TITLE THREE

Land Use Standards

1145.01 PURPOSE.

1146.01 RESTRICTIONS.

(Ord. 87-2025. Passed 1-12-26.)

1147.01 UNLISTED LAND USES PROHIBITED.

No lot, structure, or portion thereof may be used for any purpose, except as expressly allowed in that district by this Title.

(Ord. 87-2025. Passed 1-12-26.)

1148.01 LAND USE TERMS DEFINED.

Land use terms listed in this Planning and Zoning Code are defined in Title Nine "Glossary of Terms”. (Ord. 87-2025. Passed 1-12-26.)

1148.02 INTERPRETATION AND APPLICATION OF LAND USES BY BUILDING COMMISSIONER AND ECONOMIC DEVELOPMENT DIRECTOR.

(Ord. 87-2025. Passed 1-12-26.)

1148.03 LAND USES NOT MATCHING ANY LISTED LAND USE TERM.

1148.04 PROPOSED LAND USES FITTING MORE THAN ONE LAND USE TERM.

1148.05 PROPOSED LAND USES COMPRISE MULTIPLE LAND USES.

(Ord. 87-2025. Passed 1-12-26.)

1148.06 APPEAL OF INTERPRETATION OF LAND USES.

(Ord. 87-2025. Passed 1-12-26.)

1149.01 TABLE OF ALLOWED LAND USES.

Table of Allowed Land Uses	Reference to Specific Regulations	District
		RES1	RES2	NMU	TRCMU	COM	SPCL	ENV-O
RESIDENTIAL USES
One-Unit Residential	§1150.22	AR	CUR	AR	AR			%
Two-Unit Residential	§1150.32	AR	CUR	AR	AR			%
3-8 Unit Residential	§1150.02	CUR	AR	AR	AR			%
9-Plus-Unit Residential	§1150.03		AR		AR			%
Townhouse Residential	§1150.31	CUR	AR	AR	AR			%
Cottage Court Residential	§1150.08	CUR	AR					%
Residential Care Housing	§1150.28	CUR	AR	AR	AR			%
COMMERCIAL USES
Adult Oriented Uses	§1150.04						AR	%
Animal Boarding	§1150.05					AR	AR	%
Bail Bond Lending Uses	§1150.06						AR	%
Craft and Art Industrial	§1150.09			AR	AR	AR		%
Day Care Facility	§1150.10			AR				%
Emergency and In-Patient Medical Services	§1150.11					AR	AR	%
Heavy Industrial	§1150.12					AR	AR	%
Indoor Dining, Drinking, and Entertainment	§1150.13			AR	AR	AR	AR	%
Indoor Sales and Services	§1150.15			AR	AR	AR	AR	%
Large Indoor Events Center	§1150.16				AR	AR
Large Utility	§1150.17					AR	AR	%
Light Industrial	§1150.19					AR	AR	%
Lodging	§1150.20			AR	AR	AR		%
Marijuana-, Vape-, or Smoke-Oriented Uses	§1150.21						AR	%

Table of Allowed Land Uses	Reference to Specific Regulations	District
		RES1	RES2	NMU	TRCMU	COM	SPCL	ENV-O
COMMERCIAL USES (CONT.)
Outdoor Dining, Drinking, and Entertainment	§1150.23			CUR	CUR	CUR	CUR	%
Outdoor Sales	§1150.24					CUR		%
Outdoor Venues	§1150.25					AR	AR	%
Pawn Shops	§1150.26						AR	%
Vehicle Sales, Refueling, Repair, and Servicing	§1150.33					AR	AR	%
Vehicle Storage	§1150.34						AR	%
Weapons-Oriented Uses	§1150.35						AR	%
INSTITUTIONAL USES
Indoor Recreation/ Community Centers	§1150.14	CUR	CUR	AR	AR	AR	AR	%
Libraries, Museums, Playhouses, and Places of Worship	§1150.18	CUR	CUR	AR	AR	AR	AR	%
Schools	§1150.29	CUR	CUR	CUR	AR			%
OPEN SPACE USES
Commercial Agriculture	§1150.07	AR	AR	AR	AR	AR	AR	%
Preserves	§1150.27	AR	AR	AR	AR	AR	AR	%
Sports Fields and Outdoor Recreation	§1150.30	CUR	CUR	AR	AR	AR	AR	%
MISCELLANEOUS USES
Accessory Uses	Chapter 1151	AR	AR	AR	AR	AR	AR	%
Temporary Uses	Chapter 1152	AR	AR	AR	AR	AR	AR	%