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Garfield Heights City Zoning Code

TITLE SEVEN

Zoning Use District Regulations

CHAPTER 1137 Commercial District

(Repealed)

CHAPTER 1139 Manufacturing Districts

   EDITOR’S NOTE: Former Chapter 1139 was repealed by Ordinance 2006-61, passed December 11, 2006.

1131.01 DISTRICTS ESTABLISHED; CONFORMITY TO REGULATIONS.

   For the purpose of regulating and restricting the location of trades, industries, apartment houses, two-family houses, single-family houses and other uses of property, the number of square feet of lot area per family housed, the width of lots, the location and size of yards and the size and height of buildings, the City of Garfield Heights is divided into eight classes of use districts termed respectively Class U1, or single-family house districts; Class U2, or two-family house districts; Class U3, or apartment house districts, multiple dwelling districts or office building districts; Class U4, retail districts or motels, motor lodges, and auto courts; U4d or motorist service district; Class U8, or special uses for all districts; and Class U11a and Class U11b or industrial park districts; all as shown in the Zone Map which accompanies this Planning and Zoning Code and is declared to be a part hereof.
   The use, height and area districts designated on the Zone Map are established. The Map designations and the Map designation rules which accompany the Map are declared to be part thereof and hereof.
   No buildings and premises shall be erected or used except in conformity with the regulations herein prescribed for the respective use, height and area district in which such buildings or premises are located
(Ord. 30-1965. Passed 5-10-65.)

1131.02 ZONE MAP.

   Attached to this Planning and Zoning Code as Exhibit "A" and declared to be and made a part hereof is a Zone Map of the City of Garfield Heights, which delineates the area comprising the various zoning districts contemplated by this Planning and Zoning Code.
(Ord. 170-1962. Passed 1-28-63)

1131.03 DISTRICT BOUNDARY LINES.

   All boundary lines between districts shown on the Zone Map shall be interpreted and determined as follows: where boundaries apparently follow lot lines and are not more than ten feet therefrom, the lot lines shall be construed to be such boundaries; where boundaries apparently follow streets or alleys, the center lines of such streets or alleys shall be construed to be such boundaries; in all other cases, the location of any boundary line, unless indicated by dimension on the Map, shall be determined by the use of the scale appearing thereon.
(Ord. 170-1962. Passed 1-28-63.)

1131.04 UNCLASSIFIED USES OF PROPERTY.

   Except as otherwise provided herein, any use of property not specifically named in the use classifications shall be permitted or prohibited only after public hearing is held by the Board of Zoning Appeals.
(Ord. 170-1962. Passed 1-28-63.)

1131.05 CLASSIFICATION OF USES.

   For the purpose of this Planning and Zoning Code, the various uses of buildings and premises are divided into groups and classes of uses as set forth in the following chapters of this Planning and Zoning Code.
(Ord. 121-1962. Passed 12-17-62.)

1131.06 ZONING ORDINANCES; CUMULATIVE EFFECT PRECLUDED.

   It is the intent of this Planning and Zoning Code to preclude a cumulative effect of zoning ordinances, that is, to permit in a less restricted use district, i.e., lower use, any use permitted in a more restrictive or higher use district. The theory of cumulative effect of zoning ordinances shall not apply to the sections of this Planning and Zoning Code.
(Ord. 119-1971. Passed 8-23-71.)

1131.07 PROHIBITION OF USES.

   (a)   Facilities for the recapture, transfer or incineration of solid waste or like waste management systems are strictly and specifically prohibited within all classifications and use districts as described in Section 1131.01, hereof, including, but not limited to the following:
      (1)   Public incinerators.
      (2)   Satellite rubbish and garbage shredding stations.
      (3)   Transfer stations.
      (4)   Resource recovery systems.
      (5)   Trash burning and recycling plants.
         (Ord. 34-1988. Approved by voters 11-8-88.)
   (b)   Junk yards.
      (1)   Junk yards and the purchase and sale of junk are strictly and specifically prohibited within all classifications and use districts as described in Section 1131.01 .
 

1133.01 U1 SINGLE-FAMILY DISTRICTS.

   The following uses are permitted in a Class U1 District:
   (a)   Single-family dwelling.
   (b)   Duplex house.
   (c)   Railway rights of way in existence at the time of the passage of Ordinance 40- 1942, not including railway yards.
   (d)   Farming, truck gardening. (Ord. 121-1962. Passed 12-17-62.)

1133.02 U2 TWO-FAMILY DISTRICTS.

   The following uses are permitted in a Class U2 District:
   (a)   Two-family dwellings.
   (b)   Double houses. (Ord. 121-1962. Passed 12-17-62.)

1133.03 U3 APARTMENT HOUSE-OFFICE BUILDING DISTRICTS.

   The following uses are permitted in a Class U3 District:
   (a)   Apartment house and office buildings.
   (b)   Third floor living suites containing bathroom and/or kitchen in a conventional single-family or two-family dwelling are prohibited. A room or rooms added on the third floor of such dwellings may be occupied by members of the family in the suites below only after approval of the heating and wiring by the Building Commissioners and Fire Inspectors.
   (c)   Condominium-property dwellings, as defined in and complying with the provisions of Ohio R.C. Chapter 5311.
      (Ord. 9-1966. Passed 3-28-66.)

1133.04 HABITABLE FLOOR AREA STANDARDS.

   Every dwelling unit in a multiple dwelling structure shall contain at least 200 square feet of habitable floor area for the first occupant thereof and at least 150 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any such dwelling unit contain less than the minimum number of square feet of habitable floor area as required by other provisions of this Planning and Zoning Code.
(Ord. 95-1992. Passed 11-30-92.)
 

1134.01 PURPOSE.

   The Motorist Service District is established herein for the following purposes:
   (a)   To provide suitable locations for those commercial uses catering primarily to highway associated demands and automobile oriented users.
   (b)   To protect adjacent residential and business properties by restricting the type of uses, particularly at common boundaries, which could create hazards, noise, odors or other objectionable influences, and
   (c)   To relieve traffic congestion on streets by requiring off-street parking and loading facilities.
   The provisions of this Chapter 1134 shall prevail over the provisions in Chapter 1135 in the event there is a conflict between the two chapters, it being the intent that automobile related services, motels, restaurants, parking facilities and accessory uses thereto shall be primarily governed by this Chapter 1134 rather than Chapter 1135.
(Ord. 31-1992. Passed 7-13-92.)

1134.02 PERMITTED USES.

   The following main and accessory uses, as defined herein, are expressly permitted in the Motorist Service District:
   (a)   Main Uses.
      (1)   Automotive service station - including the sale of gasoline, diesel fuel, oil and automobile accessories and for auto lubrication, washing and minor repair work within enclosed buildings, in compliance with the provisions established for such use in the U4 District.
      (2)   Automobile repair garage - including the repair of automobile motors and bodies within a wholly enclosed building.
      (3)   Motel or hotel.
      (4)   Restaurants - as defined in Section 1121.29 .
      (5)   Municipally or quasi-municipally operated parking facilities.
   (b)   Accessory Uses.
      (1)   Retail outlets -- involved in the sale of drugs, periodicals, tobacco, flowers, gifts and jewelry.
      (2)   Par 3 or miniature golf course.
      (3)   Swimming pools, assembly rooms, entertainment, restaurant and other facilities customary to the operation of a motel or hotel and wholly enclosed within the main permitted building.
      (4)   Building maintenance storage or utility facilities planned and developed integrally with, clearly incidental to and wholly enclosed within the principal permitted building.
      (5)   Roof top mechanical equipment - as acquired for operation of a main permitted use and as permitted and regulated in Section 1134.06 . 
      (6)   Off-street parking, loading and vehicular circulation facilities - as required and regulated in Section 1134.07 .
      (7)   Signs - as permitted and regulated in Chapter 1140.
      (8)   Any other accessory use determined by the Zoning Board and with advertised public hearings according to these Codified Ordinances, to be clearly and customarily incidental to and necessary for the successful operation of a main permitted use, and further provided that such use shall be in conformance with the purposes and nature of this district.
         (Ord. 31-1992. Passed 7-13-92.)

1134.03 LOT AREA REGULATIONS.

   Every lot occupied by a main building or use in a Motorist Service District, shall comply with the lot area requirements indicated in the following schedule:


Main Building or Use
Minimum Required Area (acres)
(a)
Automotive service station
1.0
(b)
Automobile repair garage
1.5
(c)
Automotive service station with Garage
1.5
(d)
Restaurant (separate)
1.5
(e)
Hotel or motel (separate)
3.0
(f)
Hotel or motel (combined with restaurant and accessory uses)
4.5
(g)
Municipal or quasi-municipal parking Facility
2.0
 
(Ord. 31-1992. Passed 7-13-92.)
 
 

1134.04 YARD REQUIREMENTS FOR MAIN USES.

   No lot in a Motorist Service District shall be developed with a permitted main use unless the requirements for lot width and front, side and rear yards set forth in the following schedule are adhered to with respect to the main use:
MINIMUM YARD DIMENSIONS (in feet)
Front Yard
  Side Yard
Rear Yard
Permitted Building or Use
Lot Width
From Street Right-of-way (Excluding I- 480)
Lot Adjoins Residential District
Lot Adjoins Non- Residential District or I- 480
Lot Abuts Public Street
Lot Adjoins Residential District
Lot Adjoins Non- Residential District
Automotive Service Station
200
70(a)
50
30
70
90
30
Automobile Repair Garage
200
70
50
30
70
90
30
Automotive Service Station w/Repair Garage
200
70(a)
50
30
70
90
30
Restaurant
200
80
60
30
80
80
30
Hotel or Motel (separate)
 
200
100
60
30
80
80
30
Hotel or Motel (with restaurant and accessory uses)
300
100
60
30
80
80
30
Public or Quasi-Parking Area
150
20
20
10
20
20
10
Notes:,
(a)   Gasoline pumps at an automotive service station may be erected within a required front yard but no closer than twenty-five feet from the planned right-of-way edge. (Ord. 31-1992. Passed 7-13-92.)

1134.05 LOT COVERAGE REGULATIONS.

   (a)   Every lot occupied by a main building or use in a Motorist Service District shall comply with the requirements for percentage of lot coverage, for buildings (intending to exclude other structures) indicated in the following schedule:
 
 
 

Permitted Main Building or Use
Lot Coverage Maximum %
Automobile service station
15
Automobile repair garage
20
Service station with garage
20
Hotel or motel (separate)
15
Hotel or motel (combined with eating, assembly and/or recreation facilities)
20
Restaurant (separate)
15
   (b)   The lot area occupied by a motel or hotel shall not be greater than the above schedule and not less than 1,000 square feet of lot area shall be provided for each lodging unit.
(Ord. 31-1992. Passed 7-13-92.)

1134.06 HEIGHT REGULATIONS.

   The following regulations shall govern the height of all main and accessory buildings constructed in a Motorist Service District.
   (a)   No building constructed in a Motorist Service District shall exceed a maximum height of sixty feet.
   (b)   Chimneys, domes, elevator penthouses, skylights, spires, ventilators, water towers, heating or cooling units or similar structures, or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, may be erected above the height limit specified in subsection (a) hereof, but in no case shall such feature exceed ten feet above the maximum permitted in the district.
      (Ord. 31-1992. Passed 7-13-92.)

1134.07 PARKING, LOADING AND CIRCULATION FACILITIES.

   The following regulations shall govern all parking, loading and circulation facilities provided in conjunction with and accessory to main uses permitted in the Motorist Service District:
   (a)   Schedule of Required Parking Spaces shall be provided in the following quantities.
 
(1)   Hotel, motel
1 space per rental unit plus 1 space
for each employee
(2)   Places of assembly Auditoriums, lodge halls, theaters, gymnasiums and stadiums
1 space per 3 seats of seating capacity of area used for assembly
(3)   Retail stores
1 space per 200 square feet of floor
area
(4)   Automotive service stations and repair garages
1 space per employee, plus 2 spaces per grease rack plus 1 space per restroom
(Ord. 69-2007. Passed 10-8-07.)
   (b)   Off-street Loading Facilities. Off-street loading areas shall be provided to handle all normal deliveries of materials, supplies and equipment.
   (c)   Parking, Loading and Circulation Facilities in Required Yards. Parking, loading and circulation facilities shall be permitted within required yards subject to the following requirements:
      (1)   No parking, loading or circulation facility shall be permitted within ten feet of any lot line or twenty feet of any lot line which represents the boundary of a residential district. Access drives leading from a public street may, however, be located within ten feet of such street provided that the course of the drive is generally perpendicular to that of the public street.
      (2)   All parking, loading and circulation facilities located in yards which abut residential districts or public streets shall be screened from such adjacent uses with appropriate landscape elements.
      (3)   Any underground parking garage may occupy any part or all of the required front, side or rear yards provided such garage extends no more than three feet above the finished grade at any point, and further provided the entire portion of such garage within a required yard is covered with earth and adequately landscaped.
      (4)   The minimum distance between a parking area and permitted main use shall be five feet unless a sidewalk separates the parking area and building wherein there shall be ten feet of separation.
         (Ord. 31-1992. Passed 7-13-92.)

1134.08 ACCESS ROADS FROM PUBLIC STREETS.

   No access drive to a lot in the Motorist Service District from a public street shall be located within 200 feet of a freeway exit or entrance ramp measured centerline to centerline. No access drive to a lot shall be located within 100 feet of another such drive or within 150 feet of a public street intersection measured centerline to centerline except as otherwise permitted for service stations.
(Ord. 31-1992. Passed 7-13-92.)

1134.09 LANDSCAPING.

   All portions of a lot not proposed to be developed with main or accessory uses permitted in the Motorist Service District shall be landscaped according to the following standards:
   (a)   The area between a lot line which abuts a residential district or a public street and a permitted accessory use shall be landscaped in a manner which insures that such accessory use is adequately screened from the residential district or public street.
   (b)   The area between a lot line which abuts a residential district and a permitted main use shall be landscaped in a manner which insures that such use is adequately screened from the residential district.
   (c)   All remaining open areas shall be landscaped with suitable landscape materials such as grass, trees, shrubs, groundcover, etc.
   (d)   All proposed landscaping shall be indicated on the required Development Plan and shall be subject to approval by the Building Commissioner.
      (Ord. 31-1992. Passed 7-13-92.)

1135.01 PERMITTED USES IN U4 DISTRICT.

   The following Class U4 retail uses are permitted, in close proximity and catering to the ordinary public needs of the immediate neighborhood, as follows:
   (a)   Bank studio, telephone exchange, professional offices, medical clinics not equipped nor intended to provide in-patient medical care.
      (Ord. 75-1973, Passed 11-12-73.)
   (b)   Barber and beauty shops.
   (c)   Confectionery, delicatessen, restaurant, ice cream parlor.
   (d)   Dress or wearing apparel shops, tailor shop, haberdashery.
   (e)   Drug store, variety and dry goods stores.
   (f)   Flower shop, beverage store, gift shop.
   (g)   Garage for storage of motor vehicles. No services or repair facilities shall be maintained between the street wall and the street line. Entrance and exits shall be approved by the Board of Zoning Appeals. No repairs are to be made to fenders, bodies or frames, or other work done that produces dust, odor, smoke, fumes or noise that cannot be confined to the premises, in the case of establishments selling or servicing motor vehicles.
   (h)   Grocery, including fruit, vegetable, meat, fish, dairy products or baked goods, not being displayed in the open.
   (i)   Hardware, paint, wallpaper, furniture, household appliances and accessory stores.
   (j)   Pressing and dry cleaning shops employing not more than two assistants, except that no person shall perform any dry cleaning, whether of commercial or private nature, using more than one quart of high-hazard dry cleaning equipment or more than five gallons of low-hazard dry cleaning equipment.
   (k)   Retail store, sales office, dance hall, skating rink, public recreation center, job printing, newspaper printing,
   (l)   Shoe store, shoe repair shop.
   (m)   Theater, moving picture show.
   (n)   Any other business of similar nature, approved by the Board.
   (o)   Fire or police stations.
   (p)   Retail trade or shop or custom work for the making of articles to be sold at retail on the premises. (Ord. 118-1963. Passed 4-27-64.)
   (q)   Gasoline and oil filling stations and establishments for the service of motor vehicles only after issuance of a conditional use permit authorized by Council, after proper notice and public hearing before Council, and compliance with the following conditions, limitations and standards:
      (1)   The applicant for such conditional use permit shall secure, in writing, the consent of fifty-one percent (51%) or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.
      (2)   Proponents for such station shall present to Council a complete set of plans, specifications and blueprints, bearing the approval of the City Architect.
      (3)   No gasoline and oil filling station shall be permitted on a lot or plot of ground having less than a 185-foot frontage and a total area less than 40,000 square feet.
      (4)   There shall not be more than two gasoline and oil filling stations at the intersection of two main streets or thoroughfares. There shall not be more than one gasoline and oil filling station at the intersection of a main street or thoroughfare with a minor or residential street. There shall be no gasoline and oil filling stations at the intersection of two minor or residential streets.
      (5)   The proposed station shall be of modern fireproof construction and shall have an enclosed area of at least 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
      (6)   Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by Council. Location of all approach ramps shall be approved by the Service Director.
      (7)   Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling station, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating or in control of such existing gasoline and oil filling stations, at least ten days before the public hearing provided for herein. Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline and oil filling station, shall not create additional traffic hazards and will not endanger or menace the health and safety of the children or citizens of the City.
         (Ord. 76-1964. Passed 7-20-64)
   (r)   Operation of a motel, motor lodge or auto court may be carried subject to the following provisions:
      (1)   It shall be unlawful to conduct or operate a motel, motor lodge or auto court in the City without having first obtained a license therefor, or without complying with all of the provisions of this Planning and Zoning Code.
      (2)   Each applicant for a license to operate a motel, motor lodge or auto court shall file an application with the Building Department, stating the name and address of the applicant, name and address of the owner, proposed location and maximum number of persons and vehicles to be accommodated. This application shall be accompanied by complete plans of the building or buildings, site and topographic plans, etc. The Division of Building, Engineering and Inspection shall refer such application and plans to the Planning Commission and the City Architect for their approval.
      (3)   No motel, motor lodge or auto court shall be permitted on a lot having less than 200 feet of frontage on an improved street, and a total land area of 900 square feet per living unit.
      (4)   Plans for such operations shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with shrubbery or proper fencing as may be required by the Planning Commission and the City Architect. No parking space shall be provided for motor vehicles within ten feet of any building or housing unit unless the wall facing such parking space is constructed of fireproof materials.
      (5)   The annual license fee for such license shall be established by a separate ordinance adopted by the City, the minimum fee shall also be established by separate ordinance, and the license year shall be the same as that provided for general business licenses in the City.
      (6)   No such premises shall be operated unless they are equipped with adequate toilet and other sanitary facilities to serve the number of persons accommodated therein. All such sanitary facilities shall be properly connected with the sanitary sewer system of the City.
      (7)   It shall be unlawful to permit any violation of any ordinance or law on or in any motel, motor lodge or auto court. Such premises shall be kept clean and sanitary at all times, and all waste material and rubbish must be removed therefrom at least once every twenty-four hours. The Service Director shall inspect or cause to be inspected such premises to enforce compliance.
      (8)   Any area or premises of a motel, motor lodge or auto court, open to use by the public or by the persons accommodated therein, shall be kept adequately lighted at nighttime, provided that such lights must be so shaded or otherwise regulated so as to prevent them from shining upon any adjacent premises.
      (9)   It shall be unlawful to use or permit the use of a motel, motor lodge or auto court for the accommodation of a trailer, provided that a person being accommodated therein may park a trailer upon such premises not longer than twenty-four hours.
   (s)   All uses of a like and similar character as determined by the Board of Zoning Appeals. (Ord. 118-1963. Passed 4-27-63)

1135.02 TAVERNS OR STORES SELLING ALCOHOLIC BEVERAGES IN A U4 DISTRICT.

   (a)   Establishments, organizations or businesses purveying, selling or dispensing whiskey, beer, wine or other alcoholic beverages shall not be located within 500 feet of schools, churches, hospitals, playgrounds, parks or homes for the aged.
 
   (b)   In determining the distance herein provided, measurement from the nearest property lines of both premises shall be made.
 
   (c)   Existing establishments, organizations or businesses purveying, selling or dispensing alcoholic beverages as of the adoption of Ordinance 179-1956, passed December 3, 1956, that are within 500 feet of the institutions designated in subsection (a) hereof, shall be construed to be pre-existing uses as defined by the nonconforming regulations established in Chapter 1149, to the extent of the license presently issued by the State Department of Liquor Control and sales permitted thereunder. Carry-out sales of alcoholic beverages being conducted within 500 feet of the institutions referred to in subsection (a) hereof, as of the date of the adoption of Ordinance 188-1957, passed September 23, 1957, shall also be nonconforming pre-existing uses.
(Ord. 121-1962. Passed 12-17-62.)

1135.03 NIGHT CLUBS, TAVERNS, HOTELS, RESTAURANTS WHERE LIQUOR CONSUMED ON PREMISES IN U4 DISTRICT.

   (a)   If not excluded by Section 1135.02(a), or within the exception of Section 1135.02(c), the location for this use must be specifically approved by the Board of Zoning Appeals and confirmed by Council. The proceedings before the Board shall be a public hearing as provided in Section 1123.06. If approved, subject to the provisions hereinafter provided, the owner or operator of a night club, tavern, hotel or restaurant shall be permitted to sell or serve spirituous liquor, wine or beer at retail, by the individual drink in glass or from container, for consumption on the premises where sold, only at tables or bars. It shall be a condition of the granting of the permission herein provided for that provisions be made for off-street parking facilities of not less than one motor vehicle parking space for each 125 square feet of the room or rooms used for service in such night club, tavern, hotel or restaurant.
   (b)   The location for this use shall not abut a U1 or U2 District unless effective screening shall be provided and maintained as may be required by the Board.
 
   (c)   This use shall be conditioned upon compliance with the provisions herein and upon adherence to such further conditions as Council may recommend and establish at the time of approving this specific use in pursuance of the public health, safety and welfare; such use shall not have an adverse effect on the use of adjoining property.
 
   (d)   In the event an existing business is required to give up its established location due to conditions beyond the control of the operators thereof, such business may be permitted to relocate within the City under the following conditions:
      (1)   If the proposed new location for such business is within the 500-foot limitation provided in Section 1135.02 (a), application shall be made for permission to relocate therein to the Board, who shall set a hearing with not less than ten days' notice by registered mail to the affected organization or organizations within 500 feet as the case may be, after first satisfying itself of the existence of conditions beyond the control of the operator of such business or its successor or of the other conditions referred to herein. A hearing shall be dispensed with if a waiver is presented to such relocation from the affected organization or organizations duly executed by the proper officers thereof. The approval of such relocation by the Board of Zoning Appeals shall be subject to the off-street parking requirements and the provisions of subsections (b) and (c) hereof, not including a hearing before Council.
      (2)   If such relocation is more than 500 feet from an organization referred to in Section 1135.02 (a), such business may relocate after satisfying the Board of the existence of conditions beyond the control of the operator.
   (e)   The following conditions shall be considered by the Board as examples in construing subsection (d) hereof:
      (1)   Fire, making the existing premises untenable.
      (2)   Destruction of premises by acts of God such as tornados, storms or floods. Relocation of a business operator from rented premises to such as are owned by fee title by the owner or some member of his family, not extending beyond uncles and aunts in relationship.
      (3)   Destruction of tenancy by excessive increase in rentals by the owner of the premises.
   (f)   An existing business selling spirituous liquor, wine or beer in retail by the individual drink in glass or from container for consumption on the premises where sold, may extend its license within the classes of licenses issued by the State Department of Liquor Control without reference to the provisions of this Planning and Zoning Code.
(Ord. 121-1962. Passed 12-17-62.)

1135.04 MORTUARY OR UNDERTAKING ESTABLISHMENTS.

   The location for this use shall be approved after public notice given by the Board of Zoning Appeals and shall be conditioned on off-street parking facilities being provided of not less than one motor vehicle parking space for each fifty square feet of assembly room used for services. Parking for the establishment shall be immediately available to visitors.
(Ord. 121-1962. Passed 12-17-62.)

1135.05 CLASS U4 PROHIBITED USES.

   Any use which involves the handling of materials, products or articles across the public sidewalk in sufficient or considerable amounts so as to interfere with the free, safe and continuous passage of pedestrians along such sidewalks, or any use injurious to adjacent premises or occupants thereof, by reason of the emission of dust, fumes, odors, gases, smoke, noise or vibrations, or which is dangerous to life or property, is prohibited in a Class U4 District. (Ord. 121-1962. Passed 12-17-62.)

1135.06 ACTIVITIES TO BE CONDUCTED INDOORS.

   All activities provided in Sections 1135.01 through 1135.04, in a U4 Use District shall be conducted wholly enclosed within the main building provided for in such case.
(Ord. 170-1962. Passed 1-28-63.)

1135.07 LOT COVERAGE REGULATIONS.

   Every lot occupied by a main building or use in a U4 district shall comply with the requirements for percentage of lot coverage, for buildings (intending to exclude other structures) indicated in the following schedule:
 
 
Permitted Main Building or Use
Lot Coverage Maximum
All retail uses other than gasoline and oil filling stations
20%
Gas and oil filling stations and establishments for the service of motor vehicles
15%
Hotels or motels (separate)
15%
Hotel or motel (combined with eating, assembly and/or recreation facilities
20%
Restaurant (separate)
15%
For all other uses not otherwise set forth
20%
 

1135.08 HEIGHT REGULATIONS.

   The following regulations govern the height of all main and accessory buildings constructed in a U4 retail district.
   (a)   No building constructed in a U4 retail district shall exceed a maximum height of 35 feet.
   (b)   Chimneys, domes, elevator penthouses, skylights, spires, ventilators, water towers, heating or cooling units or similar structures, or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, or storage, may be erected above the height limit specified in subsection (a) hereof, but in no case shall such feature exceed 10 feet above the maximum permitted in the district.

1136.01 PURPOSE AND FINDINGS.

   (a)   Purpose. It is the purpose of this chapter 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 chapter 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 chapter 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.
   (b)   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. (Ord. 25-2001. Passed 6-11-01.)

1136.02 DEFINITIONS.

   (a)   "ADULT ARCADE" means any place to which the public is permitted or invited where one or more "video booths" and/or "live viewing booths" are available to patrons where the images shown and/or live entertainment presented is characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
   (b)   "ADULT CABARET" means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
      (1)   Persons who appear in areas of the establishment open to patrons in a "state of nudity" or "state of semi-nudity" so as to expose to view "specified anatomical areas;" or
      (2)   Any live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by an emphasis on the depiction or description of "specified anatomical areas" or "specified sexual activities;" or
      (3)   "Adult media."
   (c)   "ADULT MEDIA" means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd ), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas."
   (d)   "ADULT MEDIA STORE" means an establishment that rents and/or sells adult media and that meets any of the following tests:
      (1)   More than forty percent (40%) of the gross public floor area is devoted to adult media; or
      (2)   More than forty percent (40%) of the stock in trade consists of adult media; or
      (3)   A media store which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as "X-rated," "XXX," "adult," "sex," "nude," or otherwise advertises or holds itself out as a sexually oriented business.
   (e)   "ADULT MOTEL" means a hotel, motel or similar commercial establishment which:
      (1)   Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
      (2)   Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
      (3)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
   (f)   "ADULT MOTION PICTURE THEATER" means a commercial establishment occupying a building or portion of a building (including any portion of a building which contains more than 150 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
   (g)   "ADULT NOVELTY STORE" means a business offering goods for sale or rent and that meets any of the following tests:
      (1)   It offers for sale items from any two (2) of the following categories: "adult media," "sexually-oriented novelties or toys," lingerie, leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or
      (2)   More than five percent (5%) of the stock in trade of the business consists of "sexually-oriented novelties or toys;" or
      (3)   More than five percent (5 %) of the gross public floor area of the business is devoted to the display of "sexually-oriented novelties or toys;" or
      (4)   Which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as "sex toys, "marital aids," "X-rated," "XXX," "adult," "sex," "nude," or otherwise advertises or holds itself out as a sexually oriented business.
   (h)   "ADULT THEATER" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by an emphasis on the depiction or description of "specified anatomical areas," "specified sexual activities," or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment that is characterized by an emphasis on the depiction or description of "specified anatomical areas," or "specified sexual activities”.
   (i)   "ESTABLISHMENT" means and includes any of the following:
      (1)   The opening or commencement of any Sexually Oriented Business as a new business;
      (2)   The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;
      (3)   The addition of another Sexually Oriented Business to any other existing Sexually Oriented Business; or
      (4)   The relocation of any Sexually Oriented Business.
   (j)   "GROSS PUBLIC FLOOR AREA" means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
   (k)   "NUDE MODEL STUDIO" means any place where a person who appears semi- nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, Nude Model Studio shall not include:
      (1)   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
      (2)   A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
      (3)   An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
   (l)   "NUDITY" or "STATE OF NUDITY" or "NUDE" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
   (m)   "SEMI-NUDITY" or "SEMI-NUDE CONDITION" or "SEMI-NUDE" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
   (n)   "SEXUAL ENCOUNTER CENTER" means a commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude,
   (o)   "SEXUALLY ORIENTED BUSINESS" means an adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. "Sexually Oriented Business" does not include an adult motel as defined above.
   (p)   "SEXUALLY ORIENTED NOVELTIES OR TOYS" means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with "specified sexual activities."
   (q)   "SPECIFIED ANATOMICAL AREAS" means:
      (1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
      (2)   Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
   (r)   "SPECIFIED SEXUAL ACTIVITIES" means any of the following:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
      (3)   Excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above.
   (s)   "SUBSTANTIAL ENLARGEMENT" of a Sexually Oriented Business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this chapter takes effect.
(Ord. 25-2001. Passed 6-11-01.)

1136.03 CLASSIFICATION.

   Sexually oriented businesses are classified as follows:
   (a)   Adult arcades;
   (b)   Adult cabarets;
   (c)   Adult media stores;
   (d)   Adult novelty stores;
   (e)   Adult motion picture theaters;
   (f)   Adult theaters;
   (g)   Nude model studios;
   (h)   Sexual encounter centers; and
   (i)   Any combination of classifications set forth in paragraphs (a) through (h) above. (Ord. 25-2001. Passed 6-11-01.)

1136.04 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

   (a)   Sexually Oriented Businesses may only be located, established or operated in the U-11B Use District in accordance with the restrictions contained in (b) through (g) below.
   (b)   No Sexually Oriented Business may be located, established or operated on any lot located south of the centerline of Granger Road.
   (c)   No Sexually Oriented Business 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 Use 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.
   (d)   No Sexually Oriented Business may be established or operated within 500 feet of another Sexually Oriented Business.
   (e)   Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented business may not be substantially enlarged.
   (f)   For the purpose of subsection (c) 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 a Sexually Oriented Business to the nearest property line of any other use listed in subsection (c).
   (g)   For the purpose of subsection (d) of this Section, the distance between any two Sexually Oriented Businesses shall be measured in a straight line without regard to intervening structures or natural features from the nearest portion of the property line of each of the lots occupied by a Sexually Oriented Business.
(Ord. 25-2001. Passed 6-11-01.)

1136.05 ADDITIONAL REGULATIONS CONCERNING MAXIMUM HEIGHT AND PARKING.

   (a)   The maximum height for a Sexually Oriented Business is 35 feet.
   (b)   Parking requirements for a Sexually Oriented Business are governed by the provisions contained in Chapter 1157 of the Planning and Zoning Code.
(Ord. 25-2001. Passed 6-11-01.)

1136.06 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.

   (a)   All signs for a Sexually Oriented Business shall be "wall signs" as defined in Section 1140.02(d) of the Planning and Zoning Code and shall be in conformance with all provisions of Section 1140.04 of the Planning and Zoning Code other than Section 1140.04(c).
   (b)   A wall sign for a Sexually Oriented Business shall not exceed one square foot of sign for each foot of building frontage on streets. A Sexually Oriented Business located at the intersection of two streets or having secondary access to a parking lot may utilize the applicable provisions of Section 1140.30(a) of the Planning and Zoning Code.
   (c)   All signs for a Sexually Oriented Business shall be maintained in accordance with Section 1140.13 of the Planning and Zoning Code.
   (d)   No merchandise or pictures of the products or entertainment on the premises of a Sexually Oriented Business shall be displayed on a sign, in window areas or any area where they can be viewed from the sidewalk or street in front of the building.
   (e)   Window areas of a Sexually Oriented Business shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign shall be placed on the door to state hours of operation and admittance to adults only.
(Ord. 25-2001. Passed 6-11-01.)

1136.07 APPLICATION FOR A PERMIT.

   Applications for a Sexually Oriented Business shall be made to the Building Commissioner and shall contain and have attached the following information and/or documentation.
   (a)   Name, address and telephone number of the applicant.
   (b)   Location of building, structure or lot to which or upon which the Sexually Oriented Business is located.
   (c)   Upon receipt of a complete and accurate application for a Sexually Oriented Business permit complying with Chapter 1136, it shall be the duty of the Building Commissioner upon the filing of an application for a Sexually Oriented Business permit to examine such plans and specifications and the premises upon which it is proposed to conduct a Sexually Oriented Business; if in compliance with all of the requirements of the Planning and Zoning Code the Sexually Oriented Business permit shall be issued within 5 working days after receipt of the completed and accurate application. If the Building Commissioner determines that the application should be denied, he shall issue a written statement contemporaneous with his decision, explaining the reason or reasons for the denial.

1138.01 PURPOSE.

   Office Park Districts and Industrial Park Districts and their respective regulations are established herein in order to achieve, among others, the following purposes:
   (a)   To provide convenient and sufficient districts for industrially oriented office and research activities and for the production and distribution of goods in order to serve and promote economic development of the community; more specifically;
   (b)   To provide Office Park Districts in close proximity to the freeway system so as to be accessible to widely dispersed administrative and technical personnel in the region;
   (c)   To provide Industrial Park Districts near the freeway system for uses which generate relatively large volumes of traffic, so as to be accessible to a large labor force and consumers throughout the region;
   (d)   To protect and stabilize developments from traffic congestion by regulating the intensity of use, by requiring off-street parking, loading and on-site circulation facilities and by regulating the access to streets;
   (e)   To protect nearby residential zoning by restricting the types of nearby uses, particularly at their common boundaries, which would otherwise create objectionable influences; and
   (f)   To promote the most desirable and beneficial industrial use of the land.
      (Ord. 32-1992. Passed 7-13-92.)

1138.02 USE REGULATIONS.

   Buildings and land shall be used and buildings shall be designed, erected, altered, moved or maintained in industrial districts only for the uses set forth for each district, respectively, in the schedules and regulations of this Planning and Zoning Code.
   (a)   The main buildings and uses set forth in the schedule in Section 1138.03 shall be permitted by right as the principal building or use of a zoning lot.
   (b)   Conditional uses are certain types of main or accessory uses, so classified because of their uncommon characteristics, infrequency of occurrence, large land area requirement or other features, and shall not be permitted in certain locations by right. Such uses require consideration and approval by the Planning Commission and Council, approval in the form of a conditional use permit being granted only if:
      (1)   The proposed use shall be located no closer than necessary to schools, churches and other places of assembly;
      (2)   The location, extent and intensity of the proposed use shall be such that its operation is not objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare greater than is permitted by the performance standards of the district; and
      (3)   The proposed use shall form a harmonious part of the Industrial Park District, taking into account, among other considerations, traffic and relationship of one use to another.
   (c)   The accessory buildings and uses set forth in the schedule in Section 1138.03 , shall be permitted as a subordinate building or use if they are planned and developed integrally therewith, clearly incident thereto and located on the same zoning lot as the main building or use.
   (d)   A building designed and constructed as a residence cannot be occupied in whole or in part, by an industrial park use unless the entire building is redesigned and reconstructed to express and serve the proposed use in regard to the exterior design, the building plan and the site plan and must be made to conform to all requirements of the Building Code pertaining to structures permitted in Industrial Park Districts.
   (e)   Existing residences, not permitted as of right within an Industrial Park District under this chapter shall be construed as nonconforming uses, but may be continued, extended, altered, enlarged and maintained as a residence subject to all lot area, building area, lot coverage and yard regulations of the U1 Single Family District.
   (f)   Mixed uses, which shall include, but not be limited to office, professional, medical office, hotel, restaurant and retail shall be permitted if they are to be built upon any reclaimed brownfield or landfill property and the size of the lot exceeds forty acres.
      (Ord. 45-2002. Passed 7-8-02.)

1138.03 SCHEDULE OF PERMITTED BUILDINGS AND USES.

   The following schedule enumerates all main, conditional and accessory buildings and uses which are permitted in Industrial Park Districts.
   Those buildings and uses which are permitted and regulated as main, conditional and accessory uses in a given Industrial Park District are designated by an "M", "C" or "A", respectively, placed opposite the use and in the columns under the districts in which such use is permitted.
Schedule of Permitted Buildings and Uses
District U-11a Office Park
U-11 b
Industrial Park
Permitted Buildings and Uses
(a)    Offices. Offices include professional, medical, financial, governmental, public utility, administrative and sales except that not retail sales involving the physical exchange of merchandise shall be permitted.
M
M
(b)    Public Buildings. Public buildings include police and fire stations, post office and hospital.
M
M
(c)    Hotels, Motels and Elderly Care Facilities.
M
C
(d)    Training Schools. Training schools are of a private, technical or professional nature.
M
M
(e)    Newspaper Printing Establishments.
M
M
(f)    Research Laboratories. Research laboratories include experimental, research and testing, all types of basic and applied research of product design and development.
M
M
(g)    Metal Production. Metal production includes metal-cutting, stamping; electric, gas and ultrasonic welding; grinding, machining and finishing, only in the production and/or assembly of products as such:
 
 
   (1)    Automotive and aircraft parts;
C
M
   (2)    Electrical and electronic equipment, motors;
C
M
   (3)    Electrical appliances; lamps, fixtures and clocks;
C
M
   (4)    Hardware, cutlery, kitchen utensils;
C
M
   (5)    Instruments, musical and scientific;
C
M
   (6)    Instruments and equipment, medical, orthopedic and photographic;
M
M
   (7)    Sporting goods, athletic equipment, toys;
M
   (8)    Sheet metal components; heating and ventilating ductwork, gutters and downspouts, lashing and related products.
M
M
District U-11a
Office Park
U-11b
Industrial Park
(g)    Nonmetal Production. Nonmetal production includes:
   (1)    Clothing and other textile products;
C
M
   (2)    Pharmaceutical products; compounding of cosmetics, drugs and toiletries;
M
M
   (3)    Plastics; extrusion, moulding and fabricating of panels, sheets, tubes and rods;
M
   (4)    Printing, publishing, engraving, binding, blueprinting;
C
M and
   (5)    Wood, fabrication of furniture, cabinets other wood products;
C
M and
   (6)    Ceramics; pottery, dishware, figurines tile from clay; the enameling of potteryware or metals.
C
M and
   (7)    Greenhouses, Florists and Nurseries.
M
M
(h)    Services, Sales and Storage Establishments. Services, sales and storage establishments are limited to:
   (1)    Cleaning, dyeing and dry cleaning establishments; carpet cleaning;
M
   (2)    Repair of household appliances and goods produced by manufacturing and assembly processes permitted above;
M
M
   (3)    Food and drink preparation limited to bakeries, refrigeration, ice manufacture, bottling of soft drinks, creameries; wineries;
M
M
   (4)    Shops and offices of contractors, including carpentry, electrical, masonry, plumbing, welding, heating, ventilating, air conditioning, painting, roofing and sheet metal, packaging and crating;
M
M
   (5)    Warehouses, other storage establishments, wholesale produce sales, parcel delivery stations;
M
   (6)    Household and maintenance services; dry cleaning and laundry, dyeing, rug cleaning, janitorial and maintenance services;
M
M
   (7)    Monument works;
C
   (8)    Storage and sale of new lumber and other building materials; public utility materials and equipment
C
District U-11a
Office Park
U-11b
Industrial Park
(i)    Mixed Uses. Offices, professional offices, medical offices, hotels, restaurants, and retail businesses shall be permitted in accordance with Section 1138.02(f)
M
M
(j)    Accessory Buildings and Uses.
   (1)    Parking garages; off-street parking and loading facilities as permitted and as regulated in Section 1138.08;
A
A
   (2)    Signs as permitted and as regulated in Section 1138.11;
A
A
   (3)    Restaurant, pharmacy, assembly rooms, newsstand, barber or beauty shop, or similar convenience services, all of which are accessory to and totally enclosed within the main office building. Such accessory uses shall not occupy more than twenty percent (20%) of the total floor area of the building and shall have no exterior entrance or identification signing excepting a restaurant which may have one exterior identification sign as controlled under Section 1138.11;
A
   (4)    Water towers and radio or television antennas as permitted and as regulated in Section 1138.07;
CA
   (5)    Maintenance and storage facilities within wholly enclosed buildings;
C
A
   (6)    Employer lunch rooms
A
A
 
(Ord. 33-2017. Passed 5-22-17.)

1138.04 SIMILAR USES.

   Any office park or industrial park use not listed in the schedule in Section 1138.03 may be permitted upon approval of the Zoning Board and with advertised public hearings according to these Codified Ordinances if such use complies with the performance regulations in Section 1138.12 and is similar to a permitted use, based upon the following standards.
   (a)   Such use is not listed in any other classification of permitted buildings or uses;
   (b)   Such use is more appropriate to, and conforms more closely to the basic characteristics of the classification to which it is to be added than to any other classification;
   (c)   Such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than the other uses listed in the classification to which it is to be added;
   (d)   Such a use does not generate traffic to a greater extent than the other uses listed in the classification to which it is to be added; and
   (e)   Such use is similar as to hours of operation of permitted uses.
      (Ord. 32-1992. Passed 7-13-92)

1138.05 AREA REGULATIONS.

   Every lot or parcel shall be of sufficient size to accommodate the main and accessory buildings and uses and required yards. Every lot occupied by a main building or use shall comply with the lot area, lot width, percentage of lot coverage by buildings and the landscaped areas for the various permitted uses as follows:
   (a)   Schedule of Lot Area Regulations.
 
Landscaped Class Use District
Minimum
Lot Area
(acres)
Minimum
Lot Width
(feet)
Maximum Lot
Coverage
(Percent)
Minimum
Area
(Percent)
U-11a Office Park
3
200
15 (3 or more stories)
20
25 (2 story)
35 (1 story)
U-11b Industrial Park
3
200
20 (3 or more stories)
15
30 (2 story)
40 (1 story)
   (b)   Definitions._ As set forth in the above schedule:
      (1)   "Lot area" means the area of a lot or lots comprising a development exclusive of a public or private right of way.
      (2)   "Lot width" means the horizontal distance of a lot measured along the building setback line at right angles to the mean lot depth line.
      (3)   "Lot coverage" for the purpose of Chapter 1138 means the percentage of a lot covered by the ground floor area of all buildings on the lot.
      (4)   "Landscaped area" means the percentage of that part of any lot which is not covered by buildings or occupied by any parking area, driveways or other permitted accessory uses.
         (Ord. 32-1992. Passed 7-13-92.)

1138.06 YARD REGULATIONS.

   (a)    In an Industrial Park District, front, side and rear yards shall be provided on every lot occupied by a main, conditional or accessory building or use in accordance with the following Schedule of Minimum Yard Dimensions.
   All required yards exclusive of paved areas shall be landscaped. Neither gravel nor plastic chips shall be permitted as a substitute for natural grass in lawn areas. The Planning Commission shall require a planting buffer and/or a fence or wall, where necessary to protect residential districts adjacent to or across the street from an Industrial Park District, in accordance with Section 1138.10. Such planting buffer and/or fence or wall may extend into a front yard but shall not be planted or constructed within fifteen feet of the planned right of way.
   (b)   The depth of the front yard of a corner lot shall be not less than the required setback from the front lot line as provided in this section. The width of a side yard on the side street shall be not less than fifty feet for a main, or accessory building or use, except that for off-street parking and/or loading facilities such width shall be not less than ten feet. The minimum width of the opposite side yard or interior side yard shall be not less than the minimum dimension provided in the Schedule of Minimum Yard Dimensions in this section.
MINIMUM YARD DIMENSIONS (in feet)
 
Front Yard
Side Yard (d)
Rear Yard
District
Permitted Building or Use
(Measured from Street Right-of- Way)
Adjoining Residential District Minimum Adjacent Residential District
Adjoining Nonresidential District Minimum Total Both Sides
Minimum Each Side (d)
Lot Adjoins Residential District
Lot Adjoins Non- Residential District
Office Park
Main and accessory building or use
50
50
50
15
50
30
Off-Street parking and/or loading (a)
15
30(c)
10
5
20(c)
5
Industrial Park
Main and accessory building or use
50
50
60
20
75
25
Off-Street parking and/or loading (b)
10
30(c)
10
0
30(c)
0
(a)   Driveways shall be located a minimum of twenty-five feet from any side lot line and forty feet from any side lot line adjoining a residential district.
(b)   Driveways shall be located a minimum of ten feet from any side lot line and fifty feet from any side lot line adjoining a residential district.
(c)   Parking areas located adjacent to a residential district lot line shall provide a six-foot solid fence or wall or equivalent landscaped screening.
(d)   On corner lots, the side yard bounded by a street right of way shall be not less than fifty feet wide for main and accessory buildings or uses, except that for off-street parking and/or loading facilities such width shall be not less than ten feet. (Ord. 32-1992. Passed 7-13-92.)

1138.07 HEIGHT REGULATIONS.

   The following regulations shall govern the height of all main and accessory buildings constructed in an Industrial Park District and Office Park District.
   (a)   No building constructed in an Office Park District or an Industrial Park District shall exceed a maximum height of 80 feet.
   (b)   Chimneys, domes, elevator penthouses, skylights, spires, ventilators, water towers, heating or cooling units or similar structures, or other necessary appurtenant features usually carried above roofs of structures permitted in each respective district, when erected upon and as an integral part of a building, and if such structures are not used for human occupancy, or storage, may be erected above the height limit specified in subsection (a) hereof, but in no case shall such feature exceed 10 feet above the maximum permitted in the district.

1138.08 OFF-STREET PARKING FACILITIES.

   The following requirements are provided so that the required off-street parking facilities are developed in such manner as to interfere as little as possible with the use of neighboring properties and with vehicular traffic on neighboring streets.
   (a)   Required off-street parking facilities shall be located on the same lot as the main building or use served.
   (b)   Required off-street parking spaces shall be determined on the following basis:
      (1)   When there is more than one shift in operation, the required spaces shall reflect the number of employees on the combined major and secondary shifts.
      (2)   For executive offices and sales offices, there shall be one space required per 200 square feet of office floor area.
      (3)   For all other permitted uses, one space shall be required for each 1.5 employees, or one space for each 500 square feet of building floor area, whichever is greater.
If the application of the standards as set forth in this section as to number of employees results in a lesser number of parking spaces than required by the application of the standards as to square feet of building, the Board of Zoning Appeals may permit the construction of the lesser number of spaces. However, the additional area required to provide the number of spaces under the square feet of building standard shall be reserved and held as open area exclusive of all required yard areas, for future construction of parking spaces when the number of employees in the building increases.
Where the computation of required off-street parking spaces results in a fractional unit, one additional off-street parking space shall be provided.
   (c)   The gross floor area of a building is the total area of all the floors, including the basement, measured from the exterior faces of the building.
   (d)   A parking space shall be not less than 180 square feet, nine feet by twenty feet, exclusive of drives and turning spaces, except that for ninety degree parking bays which abut landscaped areas or sidewalks where cars can overhang, the length of a parking space may be eighteen feet. Where cars are intended to overhang a sidewalk, such sidewalk shall have a minimum width of six feet.
   (e)   All parking areas and driveways shall be surfaced with asphalt, concrete or other similar hard surface.
All parking areas and driveways shall provide adequate drainage so that all water is contained within the lot on which the parking area or driveway is located in such manner that water shall not drain across other private property. Adequate bumper guards or curbs shall be provided to establish the limits of the parking area except at exits and entrances. Such guards or curbs shall restrain the vehicles so that no part of a parked vehicle shall project into that portion of a required yard in which off-street parking is prohibited.
   (f)   The location of width of entrance and exit driveways to parking facilities shall be planned, whenever possible, so that the nearer edge of an access driveway on the frontage street of a corner lot shall be at least fifty feet from the right-of-way line of the nearest intersecting street. Whenever possible, driveways shall be spaced at not less than 120 foot intervals, measured from the centerline of the driveways.
Entrances and exits shall be limited to three lanes.
Entrances and exits to a Class U-11 Industrial Park District shall be limited to streets along which the frontage is located in a Class U-11 Industrial Park District or a Class U4 Retail District. The width of such entrances and exits shall conform to the following schedule:
 
Width (in feet)
Minimum Maximum
One lane
10
12
Two lanes
18
24
Three lanes
27
33
 
      In all cases, the radius of the edge of the apron shall be at least twenty-five feet so that a car may enter or leave the curb lane without obstructing vehicles in other traffic lanes, The maximum curb cut shall be limited to the width of the entrance or exit plus each radius of the apron.
   (g)   Sources of light for illumination of buildings or grounds shall be shielded so as not to be objectionable or hazardous to owners of adjacent property or public streets.
      (Ord. 32-1992. Passed 7-13-92.)

1138.09 OFF-STREET LOADING FACILITIES.

   Accessory loading and unloading facilities shall be provided as a condition precedent to occupancy of all industrial buildings hereafter erected and altered to such uses. Such facilities shall be maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this section.
   (a)   Allocation of Use. Space required and allocated for any off-street loading shall not be used to satisfy the space requirements for off-street parking. An off- street loading space shall not be used for repairing or servicing of motor vehicles, and it shall be available for its designated purpose when needed.
   (b)   Location of Facility. In an industrial district, a loading space shall not be permitted in a required front yard. If the loading space is provided legally in front of a building but behind the front setback line, a screen wall, constructed of a building material similar to that of the main building, shall be provided. A required loading space shall be permitted in a side or rear yard in accordance with side or rear yards as required for parking areas as provided in Section 1138.06 .
   (c)   Access Driveways. Each required off-street loading space shall be designed for direct vehicular access by means of a driveway or driveways, to a public street in a manner which will least interfere with traffic movements. The access shall be located so that the nearer pavement edge shall be not less than fifty feet from the nearest intersecting street right-of-way line.
   (d)   Improvements. All accessory off-street loading spaces shall be of concrete construction.
   (e)   Minimum Size Criteria. Each required off-street loading space for buildings less than 20,000 square feet in ground floor area shall be at least ten feet wide by at least twenty-five feet in length. Each required loading space for a building of 20,000 square feet or more of ground floor area shall be not less than fourteen feet wide by sixty feet in length. The above requirements shall be exclusive of the maneuvering space and each loading space shall have a vertical clearance of at least seventeen feet.
   (f)   Schedule of Required Loading Facilities. Buildings of less than 5,000 square feet of ground floor area shall be provided with sufficient off-street loading facilities so that a truck will not obstruct a public right of way. Buildings of 5,000 square feet or more shall be provided with accessory off-street loading spaces as follows:
 
Ground Floor Area of Building
(in gross square feet)
Exclusive of Office Uses
Required Minimum
Number of Spaces
5,000 to 40,000
1
40,000 to 100,000
2
each additional 100,000
1 additional space
If a proposed use does not require the number of loading spaces as provided in the above schedule due to the nature of the industrial use, the Building Commissioner may permit the construction of a lesser number of spaces, provided however, the additional area required to provide the number of spaces in the schedule shall be reserved and held as open area (along with all required yards) for future construction of loading spaces in the event the use of the building is changed to require the additional loading spaces.
      (Ord. 32-1992. Passed 7-13-92.)

1138.10 LANDSCAPE BUFFERS.

   (a)   Intent. The intent of this section is:
      (1)   To screen undesirable views of permitted industrial uses from fronting streets and surrounding residential areas.
      (2)   To increase soil water retention through landscape requirements.
      (3)   To protect and preserve the appearance, privacy and property values of single family residential uses from any adverse influences of adjoining industrial park uses.
      (4)   To shield adjoining single family residential uses from noise, dust and objectionable views during site construction.
   (b)   Definitions. As set forth in this section, the following words shall be defined as follows:
      (1)   "Buffer" means a dense five to six feet high site improvement consisting of landscape materials and groundforms located and designed to alleviate otherwise objectionable views of necessary permitted accessory uses such as parking and loading facilities (see drawing at the end of the chapter), trash containment areas and utilities installations.
      (2)   "Groundforms" means natural or man-made earth berms and other changes in topography commonly employed in the development of buffers and visibility screens.
      (3)   "Landscape materials" means winter hardy ornamental plantings and non- living durable wall and fencing materials properly employed in the development of buffers and visibility screens, subject to Planning Commission approval.
      (4)   "Visibility screens" means a medium-dense eight to fifteen feet high site improvement consisting of landscape materials and groundforms located and designed to reduce the visual effect of large building masses otherwise disproportionate to the scale of adjacent development, existing or proposed.
   (c)   Location. Buffers and visibility screens shall be mandatory within the required side and rear yards of Class U-11 Industrial Park Districts abutting residential districts so as to achieve the intent of this section without visually obstructing necessary lines of sight required for safe pedestrian and vehicular movement.
   (d)   Compliance Period and Maintenance.
      (1)   Effective buffer or screening may be required prior to other site development in order to reduce objectionable views, noise and dust associated with the construction process.
      (2)   If not determined necessary prior to other site development, all buffer and screen requirements shall be in place before a certificate of occupancy is issued.
      (3)   Once achieved, the required buffer or screening effect shall be satisfactorily maintained in perpetuity by the owner.
   (e)   Applicability. All provisions of this section shall be applicable to both new development and the expansion, alteration or modification of existing development, including such expansion, alteration or modification limited solely to parking and/or access.
   (f)   Procedures.
      (1)   A landscape plan showing buffer and visibility screen provisions shall be included as part of all preliminary and final development plans. Such plan shall accurately convey the nature and effect of proposed buffer and screening solutions.
      (2)   The Planning Commission may request photographs, elevations, sight lines or other descriptive data considered necessary to determine the effectiveness of the landscape plan.

1138.11 SIGN REGULATIONS.

   Signs in an Industrial Park District shall be accessory to and on the same lot as the permitted building or use, except as indicated below, and shall conform with regulations set forth in this section.
   Signs in an Industrial Park District shall conform to the following regulations:
   (a)   General Locations; Obstruction Prohibited. Signs in an Industrial Park District may be located on the surface of the building wall adjacent to a street. The maximum dimensions set forth shall include the structural members, unless otherwise indicated. No sign shall extend into the public right of way. Signs shall not project over or obstruct the required windows or doors of any building, be attached to or obstruct a fire escape or interfere with other safety provisions as may be further regulated in the Building Code. Unless regulated otherwise in the Traffic Code, signs shall not be erected so as to obstruct street sight lines or traffic control lights or signs at intersections. Signs visible from the sight lines along a street shall not contain any arrow or words such as "stop," "go," "slow," etc. or otherwise resemble highway traffic signs.   
   (b)   Illumination of Signs. Light sources to illuminate signs shall be reflected and shielded, shall not be of excessive brightness or cause glare hazardous to pedestrians or auto drivers and shall not be objectionable to adjacent residential districts. The colors red or green either in direct illumination or reflection shall not be used where it may interfere with the sight lines of a traffic signal. Flashing, moving or intermittent illumination and outline lighting shall not be permitted.
   (c)   Measurement Standards. Standards to measure and compute the amount of sign area permitted are established as follows: The frontage of a building shall be the number of lineal feet of the facade facing the principal street or containing the main entrance of an office or industrial park building. The frontage of a lot shall be the number of lineal feet that the lot abuts on the principal street.
   (d)   Contents of Signs. The following types of signs shall be permitted:
      (1)   Development signs;
      (2)   Directional signs;
      (3)   Industrial name sign.
   (e)   Design of Signs. The following types of signs shall be permitted:
      (1)   Flat and wall signs;
      (2)   Ground signs may be located within the required yards on any lot in an Industrial Park District;
      (3)   Temporary signs, which shall be used no longer than two weeks.
   (f)   Area of Signs. The total area of all signs permitted on a lot in an Industrial Park District shall not exceed the number of square feet indicated in the following schedule:
Frontage of Building
(in feet)
Maximum Square
Feet Sign Area**
under 15
30
15 - 19   
35
20 - 24   
40
25 - 29   
45
30 - 34   
50
35 - 39   
55
40 - 44   
57.5
45 - 49   
60
50 - 54   
62.5
55 - 59   
65
60 - 64   
67.5
65 - 69
70
70 and over
71.5 + 1.5*
      *   For each additional five feet of frontage or fraction thereof.
      **   Accessory restaurants within an office building may have one exterior identification sign no greater than twelve square feet and attached to the building. The total permitted sign area set forth in the above schedule shall include:
      (1)   The area of the faces visible from a public way;
      (2)   The area of signs placed upon the surface of windows or doors; and
      (3)   The area within an outline enclosing the lettering, modeling or insignia of signs integral with a wall and other signs not designed as a panel.
   (g)   Height of Signs.
      (1)   Flat or wall signs shall not project in front of the building wall or beyond any building corner or building height.
      (2)   Ground signs may be located within the required yards, shall be not less than twenty feet from another lot and shall not exceed five feet in height. The maximum size of one face of any ground sign shall not exceed forty square feet. A permanent development sign may be located in front of a setback line if approved by the Planning Commission.
   (h)   Application for Permit. A permit shall be required for all permanent and temporary signs. Application for permits to erect, place, paint or alter a sign shall be made by the owner or lessee of the property upon which a sign is proposed and submitted on forms furnished by the Building Commissioner. The application shall be made either separately or included with a permit for a building. Each application shall be accompanied by a drawing to scale, showing:
      (1)   The design and layout proposed, including the total area of the sign; the size, character and color of letters, lines and surface symbols;
      (2)   The method of illumination, if any;
      (3)   The exact location of the sign in relation to the building and property;
      (4)   Details and specifications for construction, erection and attachments as may be required by the Building Code.
   (i)   Removal of Signs. Any owner, part owner, tenant or lessee who does not obtain an appropriate permit or allows a sign to remain on his property shall be deemed to have knowledge of the erection and nature of the sign and whenever the removal of any sign has been ordered by the Building Commissioner and the person, firm or corporation on whose premises such sign or display structure has been erected, affixed, attached or maintained fails to remove the sign within forty-eight hours after receiving such notice, the Building Commissioner may remove or cause to be removed such sign at the expense of the person, firm or corporation on whose premises it was erected, affixed or attached, and each such person, firm or corporation shall be individually and separately liable for the expenses incurred in the removal of such sign. In the event that any business permanently closes, or relocates to another site, any sign advertising or identifying their business shall immediately be removed by the owner of the real property. (Ord. 32-1992. Passed 7-13-92.)

1138.12 PERFORMANCE STANDARDS.

   Every performance standard set forth generally herein shall be complied with, in addition to all applicable federal, state and local regulations as a precedent to occupancy of any use in an Industrial Park District.
   (a)   Structures.
      (1)   Enclosure. All permitted main and accessory uses and operations, except for off-street parking and loading facilities, shall be performed wholly within an enclosed building or buildings. Only outdoor overnight parking of cargo carriers in the process of loading and unloading in required off-street loading spaces shall be permitted.
      (2)   Fire and explosive hazards.
         A.   The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls.
         B.   All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire- fighting and suppression equipment and devices standard to the operation involved.
         C.   All buildings shall be accessible to fire-fighting equipment and shall comply with other fire prevention codes and requirements adopted by the Municipality.
      (3)   Waste materials.
         A.   Liquid wastes other than storm water shall be discharged into the sanitary sewer system. A separate storm sewer system shall be provided to receive storm water. No wastes shall be discharged into any sewer system which are inimical to sewage treatment. No waste shall be discharged into any sewer system which is deleterious to the sewerage or the sewage treatment process.
         B.   Solid wastes shall be stored in buildings.
         C.   Only closed commercial containers for rubbish shall be permitted and shall be located in the rear yard outside of buildings, and shall be totally fenced in with fencing in compliance with this Planning and Zoning Code.
   (b)   Air Pollution.
      (1)   Smoke, fly ash, dust and dirt. No industrial operation shall exhaust, or discharge into the air, any quantity of fly ash, dust, dirt or similar form of air pollution which may become discernible as settlement at, or beyond, the boundaries of the lot occupied by the use.
      (2)   Noxious or toxic matter. The emission of toxic, noxious or corrosive fumes or gases which may be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use, shall not be permitted.
      (3)   Odorous matter. The emission of odorous gases or other odorous matter in such quantities as to produce a public nuisance or hazard beyond the lot occupied by the use shall not be permitted.
   (c)   Noise. The sound pressure level at the nearest residential street, of any operation on a lot, other than the operation of autocalls, bells, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district and no sound shall be objectionable due to intermittence, beat frequency or shrillness.
   (d)   Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.
   (e)   Radioactive or Electrical Disturbance. Radioactive or electrical disturbances which adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use shall not be created.
   (f)   Heat and Glare. No industrial operation that produces heat or glare perceptible from any property line of the lot on which the operation is located shall be permitted.
Industrial and exterior lighting shall be used in a manner that produces no glare on public highways and neighboring property.
   (g)   Industrial Wastes. No industry shall discharge any treated or untreated sewage or industrial waste into any reservoir or lake, or discharge any untreated sewage or industrial waste into any stream, All methods of sewage and industrial waste treatment and disposal shall be approved by the State Department of Health and all effluent from a treatment plant shall, at all times, comply with the requirements of the Ohio Environmental Protection Agency or succeeding authority.
   (h)   Soil Removal. No mining, extracting, filling or soil-stripping operations shall be conducted in such manner as to leave unsightly or dangerous excavations or soil banks, or in such manner as to increase erosion.
      (Ord. 32-1992. Passed 7-13-92.)

1138.13 SITE PLANS.

   Preliminary and final site plans shall be required for all proposed development in a Class U-11 Industrial Park District. The plans shall conform to the requirements of Chapter 1167 of this Planning and Zoning Code. In addition to the requirements of Chapter 1167, the final site plan shall require the approval by Council, in addition to the Commission. The landscaping plan required in Section 1138.10 shall also be submitted with the preliminary and final site plans, and in addition thereto proof of compliance with the performance standards set forth in Section 1138.12, to the extent applicable, shall accompany the preliminary and final site plans required by Chapter 1167.

1138.14 BUILDING AND OCCUPANCY PERMITS.

   (a)   No building permit for the improvement of a parcel or a portion thereof or for the erection of any building shall be issued for any building or structure in a Class U-11 District unless and until a final development plan has been approved by Council in accordance with the provisions of this chapter. If and when any proposed final development plan has been so approved, the Building Commissioner shall then issue the necessary building and other permits upon payment of the required fees and compliance with applicable codes.
   (b)   An occupancy permit shall be issued by the Building Commissioner if the use qualifies under the various restrictions of the Comprehensive Zoning Ordinance and the inspections required have been made and the work approved.
   (c)   Occupancy permits shall not be granted until all required improvements, including landscaping, are completed in compliance with this chapter.
(Ord. 32-1992. Passed 7-13-92.)

1138.15 VARIANCE.

   The Zoning Board with advertised public hearings according to these Codified Ordinances may, in specific cases, vary or permit exceptions to any of the provisions of this chapter if it finds that such variance or exception will not violate the spirit or intent of this chapter and that a more harmonious and useful development will result.
(Ord. 32-1992. Passed 7-13-92.)

1138.16 APPLICABILITY.

   In the regulation of Class U-11 Districts, the requirements in this chapter shall take precedence over less stringent provisions found in any other chapter of the codified Zoning Ordinance. (Ord. 32-1992. Passed 7-13-92.)