Garfield Heights City Zoning Code
TITLE NINE
Special Uses; Limitation and Exceptions
CHAPTER 1142 Nursing Homes
CHAPTER 1156 Condominium Property
1140.01 PURPOSE AND INTENT.
Sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among others, the following purposes:
(a) To maintain high quality districts of all land uses, and attractive public and private facilities of all types, by permitting only signs appropriate to their environs;
(b) To provide for reasonable and appropriate methods for identifying establishments in office, business and industrial districts by relating the size, type and design of signs to the size, type and design of the office, business and industrial establishments;
(c) To eliminate any conflict between traffic control signs and other signs which would be hazardous to the safety of the motoring public or pedestrians;
(d) To control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall urban design for the area, in accordance with commonly accepted community planning and design practices, and the City's Master Plan.
The City does not intend to infringe on the rights of free speech as protected by the First Amendment to the United States Constitution and Article I, §11 of the Ohio Constitution. All ordinances in this Chapter are to be construed, whenever possible, in favor of vigorous political debate and accommodation of the rights of residents and visitors to speak freely.
1140.02 DEFINITIONS.
As used in this chapter unless the context otherwise indicates:
(a) "Sign" shall mean any writing, pictorial representation, logo, illustration, emblem, symbol, design, or other figure of similar character that is a structure or a part thereof, or is attached to or in any manner represented on a building, vehicle, or other structure, and is visible from any public right-of-way or any other lot or parcel, and is used for purposes of advertisement, announcement, declaration, demonstration, identification or expression. This shall include any frameworks, supporting structure, poles and/or posts.
(b) "Illuminated Sign" shall mean any sign which has characters, letters, figures, designs, or outlines illuminated externally or internally by any light source other than non-reflected natural daylight, including electric discharge by lighting.
(c) “Ground Sign" shall mean any sign, excluding a billboard, supported by uprights, braces, or base or stem of any material, placed upon the ground and not attached to any building.
(d) "Wall Sign" shall mean any sign applied or attached to, or painted onto, any exterior wall surface of any building or structure.
(e) "Canopy Sign" shall mean any sign attached to the soffit or fascia of a canopy, marquee, awning, covered entrance, covered walkway, arbor, pergola or other similar structure.
(f) “Billboard" shall mean any sign advertising, identifying or directing attention to any product, service, entertainment or commercial activity not offered upon the lot on which the sign is located.
(g) "Pole Sign" shall mean any sign, other than a flag as herein defined, that is supported by a pole, poles, columns or other base or structure, and designed either:
(1) To allow pedestrian or vehicular clearance beneath any of the sign's message area, or
(2) To allow the sign's message area to overhang the pole, poles, columns or other base or structure in total by more than twenty percent (20%) of the sign message area's breadth.
(h) "Flag" shall mean any sign of cloth or similar material, anchored along one side, displayed from a single pole, either freestanding or attached to a building.
(i) "Window Sign" shall mean any sign in view of the general public appearing on a window surface or within up to twenty-four (24) inches of the window surface.
(j) "Roof Sign" shall mean any sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building with the principal support on the roof structure.
(k) "Vehicular Sign" shall mean any sign attached or applied to a vehicle of any type and used primarily to identify, advertise or promote, excluding any signs on vehicles normally and regularly used and operated in the course of business.
(l) "Temporary Sign" shall mean any sign, banner, flag, pennant, or other display of cloth, canvas, wallboard, board, plastic or other such material, including inflatable signs or balloons, designed to be displayed for a limited period of time.
(m) "Portable Sign" shall mean any sign, illuminated or non-illuminated, which is portable in nature including, but not limited to, A-frame signs, pedestal stands, portable bulletin boards. This includes vehicle trailers used as signs, etc.
(n) "Nonconforming Sign" shall mean any existing sign which does not conform to this Planning and Zoning Code in its entirety.
(o) "Facing" or "Surface" or "Surface Area" or "Sign Face Area" shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. The sign face area shall be the area of the smallest of these regular polygons- circle, ellipse, triangle, rectangle, trapezoid, pentagon or hexagon - that completely contains the sign message, background of the message and contiguous trims, or frames. Any sign supports or structure other than exposed steel framing, which is clad in finished wood, stone, masonry, stucco, or metals, and which does not bear any sign copy, art or message shall not be included in the sign face area.
(p) "Frontage" or "Lot Frontage" shall mean the lot or property dimension along the principal street.
(q) "Building Frontage" shall mean the linear dimension of the width of the widest portion of the building face including all appurtenant overhangs or other structures, either:
(1) Closest to parallel to the principal street or
(2) Containing the primary building entrance, of any building on any lot.
(r) "Building Unit" or "Unit of a Building" shall mean, in any building subdivided into separate units or spaces, any interior space occupying any portion of the ground floor of any building, and having its own exterior entrance, and separated from other such spaces by a party wall or walls.
(s) "Unit Frontage" or "Building Unit Frontage" shall mean the linear dimension of the width of the widest portion of the building unit face including all appurtenant overhangs or other structures, either:
(1) Closest to parallel to the principal street or
(2) Containing the primary building unit entrance, of any building on any lot.
Where a building unit is bounded by a party wall or walls, the measurement of width shall be to the centerline(s) of such wall or walls.
(t) "Alter" shall mean to change in any way, including but not limited to reconstruction, redesign, reillumination that changes the lighting design, sign face replacement that changes the sign face design, sign face change, and painting in a different color than the present color, excluding changes in changeable copy on signs.
(u) "Other Advertising Structure" shall mean any marquee, canopy, awning, campanile, gazebo, kiosk or street clock serving to image, identify or promote a commercial enterprise.
(v) "Permittee" shall mean a person receiving an erection permit pursuant to the provisions of this chapter.
(w) "Person" shall be mean any individual, corporation, business trust, estate, trust, partnership, limited liability company, or other association.
(x) "Erect" shall mean to build, construct, alter, relocate, modify, attach, hang, place, suspend, or affix, and shall also include the painting of signs.
1140.03 PERMIT REQUIRED.
(a) Except as provided in Section 1140.04, it shall be unlawful for any person to erect any sign or other advertising structure without first obtaining an erection permit from the Building Commissioner following the procedures outlined in Section 1140.05 and making payment of the fee required by separate ordinance adopted by the City;
(b) No permit is required for repair, repainting, or other maintenance that does not alter a sign.
1140.04 EXEMPTIONS TO PERMIT REQUIREMENT.
The following signs are exempt from the permit requirement contained within Section 1140.03:
(a) Signs that are an integral part of the original construction of vending or similar machines, fuel pumps or similar devices;
(b) Cornerstones, dedications and other similar building plaques or architectural elements incorporated into a building, in materials and colors compatible with the building design, displaying only the building's name, owner's name, architect's name, date(s) of construction, brief dedication or other historical information, and not exceeding eight (8) square feet in total area;
(c) Signs which are attached to the inside of a window, do not exceed ten (10) square feet in sign face area, and do not cover more than twenty-five percent (25%) of the area of any single window pane;
(d) Signs which are an integral part of the historic character of a structure that has been designated an official landmark or historic structure by any agency or body of the governments of the United States, State of Ohio, Cuyahoga County or City of Garfield Heights;
(e) Hand-held signs not set on or affixed to the ground;
(f) Temporary signs measuring less than twelve (12) square feet in sign face area, provided that such signs otherwise comply with all other requirements of Section 1140.37
;
(g) Monuments and markings within a cemetery;
(h) Any address numbers required by the Section 1345.01
of the Codified Ordinances, unless larger than six (6) inches in height.
1140.05 APPLICATION FOR ERECTION PERMIT.
Application for an erection permit 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 sign or other advertising structure is to be attached or erected.
(c) Drawing depicting the position of the sign or other advertising structure in relation to any buildings, structures, streets or drives within a distance of one hundred fifty (150) feet, measured in a straight line without regard to intervening buildings, structures, streets or drives.
(d) Two prints of the plans and specifications, showing the colors to be utilized on the sign, and method of construction and attachment of the sign or advertising structure to the building or into the ground.
(e) Name of the person erecting the sign or advertising structure.
(f) Written consent of the owner of the building, structure, or land to which or on which the sign or advertising structure is to be erected.
(g) Any information, calculations, or documentation required by the State Building Code, the local Building Code, and other applicable ordinances of the City.
1140.06 PERMIT ISSUANCE.
(a) Upon receipt of a complete and accurate application for an erection permit complying with Section 1140.05, it shall be the duty of the Building Commissioner upon the filing of an application for an erection permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure; if in compliance with all the requirements of this chapter and all other City ordinances, the erection permit shall be issued.
(b) If the proposed sign or advertising structure complies with this and all other applicable laws and ordinances of the City, the Building Commissioner shall determine whether or not a permit is authorized within five (5) working days after receipt of a completed application for a sign permit in accordance with the Planning and Zoning Code. 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.
(c) If an application for an erection permit is part of a lot development or redevelopment proposal made pursuant to this Planning and Zoning Code, then the permit issued by the Building Commissioner shall be a temporary permit only pending final approval by the City of the lot development or redevelopment proposal pursuant to the provisions of said Planning and Zoning Code. Said temporary permit shall become permanent only upon the applicant erecting the applied for sign or signs, or modifying already erected sign or signs, in a manner which meets all structural and locational requirements made a condition of the City's final approval of the lot development or redevelopment proposal. Every applicant who obtains a temporary erection permit pursuant to the provisions of this paragraph of this section shall be required to post a bond with the Building Commissioner equal to the cost of the sign to be erected, before erecting said sign pursuant to the temporary permit. Said bond shall be forfeited to the City if the applicant, upon receiving final approval for a lot development or redevelopment approval, erects a sign or signs, or fails to modify a sign or signs, in violation of an express condition or conditions of that final approval. If the work authorized under any erection permit is not completed within six (6) months after the date of issuance, said permit shall become null and void.
(d) The occupant or owner of any premises upon which a violation of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of this chapter shall be deemed prima-facie responsible for the violations so evidenced and subject to the penalty provided therefor.
(e) A change of occupancy shall immediately revoke any previously issued use permit for a sign for the premises and any sign on the premises and any sign on the premises must be removed by the person, firm or corporation to whom the permit was issued. Signs shall be removed within ten (10) days after the store or building has been vacated.
1140.07 PERMIT FEE.
Every applicant, upon applying for a permit pursuant to Section 1140.06, shall pay to the Building Commissioner the nonrefundable fee established by separate ordinance. Applications for temporary sign permits shall not require a fee.
1140.08 APPEAL.
If the applicant is dissatisfied with any determination of the Building Commissioner made during the course of the application process, including but not limited to the calculation of the fee due, the requirement of additional materials, the classification of a proposed sign, the denial of a permit, or the revocation of a permit, the applicant may, within ten business (10) days following that determination, file with the Building Commissioner an appeal from the Commissioner's decision to the Board of Zoning Appeals. Upon receiving such a notice of appeal, the Building Commissioner shall transmit all papers and other documents connected to the application to the Clerk of the Board of Zoning Appeals, which shall hear the applicant's appeal at a meeting which shall be scheduled and held no later than thirty (30) days following the date of the filing of the notice of appeal. The Board of Zoning Appeals may decide to affirm, modify, reverse, or vacate the Building Commissioner's decision, and shall render its decision and any order necessary to effectuate its decision within five (5) days following its hearing of the applicant's appeal. The decision of the Board of Zoning Appeals shall be final and may only be reviewed by a Court of Common Pleas, pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
1140.09 REVOCATION OF PERMIT.
All rights and privileges acquired under the provisions of this chapter or any amendment thereto, are mere licenses revocable at any time by the Building Commissioner, and all such permits shall contain this provision.
The Building Commissioner may revoke an erection permit where there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application. The Building Commissioner shall issue a written statement contemporaneous with his decision, explaining the reasons for revocation.
1140.10 NONCONFORMING SIGNS.
Nonconforming signs may be maintained, except as hereafter set forth:
(a) No nonconforming sign or part thereof shall be altered, modified, relocated, or changed in any manner whatsoever, unless the entire sign shall be brought into compliance with all of the provisions of this chapter, and all other applicable City laws and ordinances.
(b) Any nonconforming sign the use of which is voluntarily discontinued for a period of at least six (6) months shall either be removed or brought into compliance with all of the provisions of this chapter and all other applicable City laws and ordinances.
(c) Any nonconforming sign for a property or premises that undergoes a change of use (permitted), as that term is defined in this Planning and Zoning Code, shall be brought into compliance with all of the provisions of this chapter and all other applicable City laws and ordinances.
(Ord. 03-2008. Passed 1-14-08.)
(d) Transition. A transition is hereby provided for a period of seven (7) years from December 1, 2006 for all non-conforming signs. Any non-conforming sign shall be brought into conformity by the end of the transition period, namely November 30, 2013. During this transition period appeals for variances from the requirements of this Chapter may be submitted to the Board of Zoning Appeals. Variances may be granted by the Board of Zoning Appeals if it is determined that a hardship exists. All signs established during the transition period shall conform to the provisions of this chapter. For non-conforming signs, which become non-conforming because of amendment to this chapter after the date of the Ordinance adopting the revisions to this section, or which become non-conforming because of a change in the District in which the sign is located, the transition period of seven (7) years shall be computed from the effective date of the rezoning amendment or change unless the amendment or change is sought by the owner of the property upon which the sign is located, in which event the non-conforming sign shall be removed or brought into conformance upon the effective date of such zoning amendment. Any owner of a non-conforming sign who sells or leases the property upon which the sign is located shall disclose to all lessees of the property or the prospective purchaser of the property the time they may need in the amortization and in the transition period applicable to the sign or signs on such property. Abandoned non-conforming signs are deemed to be fully amortized as if the transition period has passed within six (6) months after abandonment. The owner of the premises upon which such non-conforming sign must be removed shall be responsible for removal within ten (10) days after notice from the Building Commissioner. (Ord. 06-2011. Passed 2-14-11.)
1140.11 REMOVAL OF SIGNS.
The Building Commissioner is authorized to order the removal, repair or maintenance of any sign which constitutes a nuisance, or for which the required permit has not been obtained, or which is violative of any provision in Sections 1140.13 through 1140.23 of this chapter. Every such order shall be served upon the owner or person in possession of the sign by personal or certified mail service, provided that, where service has been refused or unclaimed, no further service or notice shall be required, and the time for compliance shall commence from the date such service refusal or failure of claim is entered in the records of the Building Department. Whenever the removal, repair or maintenance of any permanent sign has been ordered by the Building Commissioner, the owner or person in possession of such sign shall comply with such order within fourteen (14) days after notice is served upon him. Whenever the removal, repair or maintenance of a temporary or portable sign has been ordered by the Building Commissioner, the owner or person in possession of such sign shall comply with the order within forty-eight (48) hours after notice is served upon him. In the event of noncompliance, the Building Commissioner may seek an order of removal from a court of competent jurisdiction, or may pursue criminal action against the owner and/or person in possession in accordance with the appropriate provisions of this Planning and Zoning Code relating to Code violations. If, following an inspection, the Building Commissioner determines that any sign constitutes an immediate danger to the public safety, the Building Commissioner may effect the immediate removal of said sign without regard to the time intervals for compliance cited above, at the sign owner's expense. Removal of a sign shall include the sign face, enclosing frame and/or supporting structure, and all sign supporting members and base, unless otherwise specified in the order to remove.
1140.12 NUMBER, DATE, AND VOLTAGE.
Every permitted sign or other advertising structure shall display in a readily observable place, in a design, style, letter-size and contrast to be readily legible to an average person on the ground: the date of erection, the number of the permit issued, and the voltage of all electrical apparatus used, if any.
1140.13 MAINTENANCE REQUIRED.
Any sign shall be maintained so as not to show evidence of deterioration, including peeling, rust, dirt, fading, damage, discoloration or holes.
1140.14 OUTDATED SIGNS PROHIBITED.
No sign or other advertising structure shall advertise a business which is no longer in existence or a product which is no longer sold at the business, as such signs are misleading to the public, create undue visual clutter, and pose a hazard to traffic control and safety. The surface containing the name of the business shall be removed and replaced with a solid color surface. If a sign consists of individually mounted letters or logos, the entire sign shall be removed.
1140.15 ABANDONED SIGNS PROHIBITED.
Signs which are abandoned, or which are accessory to an abandoned use of property, are prohibited and shall be removed. A use shall be determined abandoned if it has voluntarily ceased its operations for a period of at least six (6) months, unless the use is typically seasonal.
1140.16 OBSTRUCTIONS PROHIBITED.
No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress or egress, or block any light or ventilation openings. No sign of any kind shall be located or attached so as to obstruct emergency facilities or equipment. No sign, otherwise permitted in this Chapter, supported by or suspended from a building shall hang less than eight (8) feet above a pedestrian path, or less than fifteen (15) feet above a vehicular path.
1140.17 TRAFFIC HAZARDS.
No sign or other advertising structure shall:
(a) Obstruct free and clear vision within sight triangles at any street or vehicular drive intersection defined by a line drawn connecting points lying on each curb line thirty- five (35) feet from the point of intersection of the curb lines.
(b) Interfere with, obstruct the view of, or be similar in appearance to any authorized traffic sign, signal or device because of its position, shape, use of words, or color.
(c) If located within twenty-five (25) feet of a public right-of-way, make use of the words "STOP", "LOOK", "DRIVE-IN", "DANGER" or any other such word, phrase, symbol, character, or any shape, in a manner that causes it to resemble any traffic control device placed in public rights-of-way.
1140.18 UNSAFE SIGNS.
No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate or inappropriate design, construction, repair, or maintenance.
1140.19 ILLUMINATED SIGNS.
No sign or other advertising structure shall be illuminated so as to cause objectionable brightness or glare into or onto any residential premises or any public right-of-way.
1140.20 OBSCENE SIGNS.
No sign or other advertising structure shall display any obscene matter.
1140.21 VEHICULAR SIGNS.
1140.22 ROOF SIGNS.
Roof signs are prohibited.
1140.23 PORTABLE SIGNS.
Portable signs are prohibited except as follows:
(a) An establishment shall be permitted to place one freestanding promotional portable sign with the approval of the Building Department if the sign conforms with the following guidelines:
(1) The sign area of one face of the portable sign must not exceed 6 sq. ft., and the height of the sign shall not exceed 4 feet,
(2) The portable sign must be a professionally designed, commercially available A-frame style sign,
(3) The background of the sign face must be white, black or another neutral color,
(4) The lettering and logos located on the sign must be white, black, or another neutral color,
(5) The sign must be placed within 10' of the entrance door of the establishment and may only be displayed when the establishment is open for business and only during daylight hours.
(6) There must be a minimum of 5' of clear sidewalk in front of the building even with the placement of the sign,
(7) The sign must not be placed in the right of way,
(8) The sign must not block visibility to the extent of providing unsafe conditions for pedestrians and vehicle drivers, and
(9) The sign must be maintained in a manner that does not inflict blight upon the community.
(Ord. 15-2012. Passed 3-26-12.)
1140.24 MOVING SIGNS.
No sign or other advertising structure shall have visible moving, revolving or rotating parts or visible mechanical movement of any kind.
1140.25 OUTLINE LIGHTING AROUND THE SIGN.
Illumination not used to illuminate the sign itself, such as outline lighting of any type inside windows and doors, is prohibited.
1140.26 FLASHING SIGNS.
No sign or other advertising structure shall have any lights or illumination that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulses.
1140.27 MAXIMUM SIGN FACE AREA.
(a) Maximum Sign Face Area per Lot. The total maximum sign face area permitted for any lot shall be 1.35 square feet per foot of frontage. For lots fronting on two (2) or more streets, each street frontage shall be calculated separately, and such individual totals shall apply separately and only to signs directed at those individual streets.
(b) Maximum Sign Face Area per Building. Notwithstanding the area determined in paragraph (a) above, the total maximum sign face area permitted for any building shall be 1.00 square foot per foot of building frontage. For buildings fronting on two (2) or more streets, the building frontage shall include any fronting building face plus up to forty percent (40%) of any other fronting building face.
(c) Maximum Sign Face Area per Building Unit. Notwithstanding the area determined in paragraphs (a) and (b) above, the total maximum sign face area permitted for any building unit shall be 1.00 square foot per foot of building unit frontage.
1140.28 TYPES OF SIGNS PERMITTED.
No signs, other than the following types, are permitted on private property within the City, The following types of signs are permitted only in accordance with regulations of this Chapter:
(a) Ground Signs;
(b) Wall Signs;
(c) Canopy Signs;
(d) Window Signs;
(e) Flags;
(f) Temporary Signs;
(g) Signs expressly exempted by Section 1140.04 of this Chapter.
(h) Certain Vehicular Signs as outlined in Section 1140.38.
1140.29 GROUND SIGNS.
(a) Ground signs shall not be permitted in One or Two Family Residence Districts, except that as accessory to a conditional or overlay use. One ground sign shall be permitted per lot. In all other Districts, one ground sign shall be permitted per lot, except that for lots having either a total area in excess of ten (10) acres or a total frontage on any one street in excess of six hundred (600) feet, two ground signs at least two hundred (200) feet apart shall be permitted.
(b) Ground signs shall be set back at least five (5) feet from every right-of-way line, at least twenty (20) feet from any side or rear lot line, and at least seventy-five (75) feet from any property line abutting residentially-zoned property, and shall be located so as to conform to Section 1140.17.
(c) No ground sign shall exceed fifty (50) square feet in total sign face area, nor twelve (12) feet in height as measured from either:
(1) The ground level at the property line nearest the sign, or
(2) The ground level at the sign, whichever is higher, except that ground signs no more than eight (8) feet in height shall not exceed sixty-five (65) square feet in total sign face area.
1140.30 WALL SIGNS.
(a) Wall signs shall not be permitted in One or Two Family Residence Districts, Multiple Residence Districts, or Senior Residence Districts, except that as accessory to a conditional or overlay use. One wall sign shall be permitted per lot. In all other Districts, one wall sign shall be permitted per building, plus, if the building is subdivided, one wall sign shall be permitted per building unit, and for buildings having frontage on two or more streets, one additional wall sign shall be permitted on any secondary frontage street.
(b) No wall sign shall project more than fourteen (14) inches from the surface or wall to which it is attached. No wall sign shall extend any closer than twelve (12) inches to either the top or side edges of the surface or wall to which it is attached. No wall sign shall cover or obscure any wall opening.
(c) The total area of all signs on a building, including wall signs, shall be limited to the Maximum Sign Face Area per Building as defined in Section 1140.27, and no single wall sign shall exceed one hundred (100) square feet in sign face area, nor four (4) feet in height.
(d) No wall sign shall be nearer than two (2) feet to any other sign, nor nearer than five (5) feet to any other building or structure.
(e) All wall signs shall be safely and securely attached to the building wall.
1140.31 CANOPY SIGNS.
(a) Canopy signs shall not be permitted in One or Two Family Residence Districts, or Single Family Cluster Districts. In all other Districts, one canopy sign shall be permitted per building entrance canopy.
(b) No canopy sign shall project more than two (2) inches from the canopy to which it is attached. No canopy sign shall extend any closer than four (4) inches to either the top or side edges of the canopy to which it is attached. No canopy sign shall cover or obscure any wall opening.
(c) The total area of all signs on a building, including canopy signs, shall be limited to the Maximum Sign Face Area per Building as defined in Section 1140.27, and no single canopy sign shall exceed fifty (50) square feet in sign face area, nor four (4) feet in height. No canopy sign shall be more than five (5) feet wider than the entrance(s) over which it is located, except that where two entrances are less than twenty (20) feet apart, a continuous canopy with continuous canopy sign may extend over both.
(d) No canopy sign shall be nearer than two (2) feet to any other sign, nor nearer than five (5) feet to any other building or structure.
1140.32 BILLBOARDS.
Billboards shall only be permitted in the U11b Districts upon prior approval of the Planning Commission and a majority vote of City Council. No billboard, advertising any product or use not located on the same lot shall be permitted in any zoning district in the City unless located in the U11b District. Notwithstanding any other provision contained in the Planning and Zoning Code, owners and applicants for all permitted advertising devices or signs located within 660 feet of the edge of the right-of-way of an interstate or primary State highway shall make application for a permit from the Director of the Department of Transportation of the State of Ohio and comply with all provisions of Ohio Revised Code Chapter 5516 prior to applying for a permit from the City. Interstate and primary highways shall have the same definition set forth in Chapter 5516 of the Ohio Revised Code.
1140.33 POLE SIGNS.
Pole signs shall not be permitted in any zoning district.
1140.34 WINDOW SIGNS.
(a) No window sign shall exceed either twenty-five (25) square feet in sign face area.
(b) The total of all window signs shall not exceed twenty-five percent (25%) of the total of all window area.
(c) No window sign shall be nearer than two (2) feet to any other sign, building or structure.
1140.35 FLAGS.
(a) No freestanding flagpole shall exceed twenty-five (25) feet in height.
(b) No flagpole attached to a building shall be anchored less than fifteen (15) feet from the ground, nor be attached to the roof of a building.
(c) No more than one flagpole shall be permitted for each one hundred fifty (150) feet of frontage, or portion thereof.
(d) No flagpole shall be constructed closer to any lot line than the length of the flagpole or the required building setback, whichever is greater.
(e) No flag shall exceed twenty (20) square feet in area, or be more than five (5) feet along any one side.
(f) No flag shall hang, when fully unfurled, less than fifteen (15) feet from the ground.
1140.361 RESIDENCE DISTRICT SIGNS.
No signs shall be permitted in any residence district, except in U3 Districts and except the signs exempted from the permit requirements of this chapter by Section 1140.04, including for-sale signs, sold signs, open house, for-rent, and leasing signs, and signs of a religious, holiday, personal or political nature placed in a window or on a lawn subject to the following restrictions:
(Ord. 01-1998. Passed 1-12-98.)
A single for-sale, sold, for-rent, leasing, open house, religious, holiday or personal sign may be placed in a window or on the lawn of a residence district. Such sign shall not exceed six (6) square feet in area and four feet in height, and shall not be placed in the City's right-of-way or on the tree lawn. Such sign shall be maintained in good condition and must be removed within forty-eight (48) hours of a contract for sale, a lease agreement, the end of the holiday, or after otherwise fulfilling its purpose.
1140.362 POLITICAL SIGNS.
Political signs, may be placed in a window or on the lawn in any zoning district and shall not exceed six (6) square feet per sign, and shall not exceed four (4) feet in height. Such signs shall not be placed in the City's right-of-way, shall be maintained in good condition, and shall be removed after the political issue or campaign is completed or no longer contested.
1140.37 TEMPORARY SIGNS.
(a) Temporary cloth signs, banners, streamers, etc, may be suspended over public property by special permission of the Building Commissioner. The purpose of such temporary signs shall be for civic or community affairs of a public or semi-public nature.
(b) Temporary signs shall be set back at least five (5) feet from every right-of-way line, and at least twenty (20) feet from any side or rear lot line; shall not extend more than six (6) inches from any wall or structure upon which they are erected; and shall not obscure any light or ventilation openings.
(c) No temporary sign shall be mounted, attached, affixed, installed or otherwise secured by any permanent means to any building, permanent sign, other structure or improvement, or to the ground upon which it is erected.
(d) No temporary sign shall be mounted, attached, affixed, installed or otherwise secured so as to protrude above the roof of a structure.
(e) No temporary sign shall exceed thirty-two (32) square feet in sign face area, nor six (6) feet in height. The total sign face area of all temporary signs on a lot shall not exceed fifty percent (50%) of the total permitted permanent sign face area for said lot.
(f) No temporary sign shall be nearer than two (2) feet to any other permanent sign, building or structure, nor nearer than ten (10) feet to any other temporary sign.
(g) No temporary sign shall be illuminated by anything other than non-reflected daylight, except by variance issued by the Board of Zoning Appeals.
(h) Permits for temporary signs shall authorize their erection and maintenance for a period not exceeding thirty (30) days. Said permits may be renewed for additional thirty (30) day periods. Any temporary sign not otherwise exempted by Section 1140.04 shall be removed at the expiration of the temporary sign permit period.
1140.38 CERTAIN VEHICULAR SIGNS ALLOWED.
Certain vehicular signs are permitted so long as they are either a temporary sign posted only during the shift of a delivery person identifying the company for which they are delivering for. Signs painted directly onto the body of the vehicle that advertises a bona fide business. Magnetic sign affixed to the body of the vehicle so long as it is no greater than "one (1) foot" by "two (2) feet" and does not violate Section 1140.17.
1140.39 SIGNS PERTAINING TO PARKING AREAS.
No signs except those indicating the operator, the purpose of the lot or instructions for parking shall be permitted. Such a permitted sign shall be limited to not more than one such sign on each street of the lot side, shall not exceed twenty (20) square feet in area, shall not extend more than ten feet in height above the ground, and shall not be located outside the part of the lot used for parking or located less than fifty (50) feet from a lot line.
1140.40 INSPECTION.
The Building Department shall inspect as is deemed necessary, each sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is secure or insecure, and whether it is in need of removal or repair.
1140.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than one thousand dollars ($1,000.00). Each day such violation is committed, or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Political signs not removed within seventy-two hours after election and residential signs not kept in good condition or replaced pursuant to this chapter will constitute a minor misdemeanor.
1141.01 CLASS U8 SPECIAL USES FOR ALL DISTRICTS.
(a) The following special uses may be permitted by the Board of Zoning Appeals after public hearing in any use district:
(1) Church.
(2) School.
(3) Public library.
(4) Public museum.
(5) Community center building.
(6) Hospital or sanitarium other than for the insane or feeble-minded.
(7) Public park.
(8) Public playground.
(9) Public recreation building.
(10) Public water supply reservoir, tower or filter bed.
(11) Cemetery.
(12) City sewage disposal plant.
(13) City refuse dump.
(14) Electric substation, telephone exchange, booster station for natural gas distributed by public utility.
(15) City Hall, fire station, police station and the like, or similar public or quasi- public building.
(b) In its determination under the provisions of this section, the Board shall consider the following factors prior to permitting such U8 special uses:
(1) That such use shall not be injurious to the appropriate use of adjoining property.
(2) That, if located in proximity to existing residences, sufficient screening of noise and glare will be provided for.
(3) That off-street parking shall be so provided as to relieve adjoining streets from congestion and so regulated as to ingress and egress as not to constitute a hazard to the public safety.
(4) That such use shall be conducted in such a manner as to not constitute a hazard to the public safety, or a nuisance to the community in which the use will be located.
1141.02 CLASS U8 SPECIAL USES FOR NON-RESIDENTIAL DISTRICTS.
(a) The following special uses may be established by approval of the Board of Zoning Appeals after public hearing in non-residential districts:
(1) Nurseries.
(2) Institution other than a penal or correctional institution.
(b) In its determination under the provisions of this section, the Board shall consider the following factors prior to permitting such U8 special uses:
(1) That such use shall not be injurious to the appropriate use of adjoining property.
(2) That, if located in proximity to existing residences, sufficient screening of noise and glare will be provided for.
(3) That off-street parking shall be so provided as to relieve adjoining streets from congestion and so regulated as to ingress and egress as not to constitute a hazard to the public safety.
(4) That such use shall be conducted in such a manner as to not constitute a hazard to the public safety, or a nuisance to the community in which the use will be located.
1141.03 AREA AND HEIGHT REGULATIONS.
In the event a special use permitted by this chapter is approved by the Board of Zoning Appeals, the Board of Zoning Appeals shall establish area, lot and height restrictions for the special use, unless such regulations are already set forth in this chapter, or in other chapters of this Planning and Zoning Code.
(a) No building constructed as a U8 special use shall exceed a maximum height of 35 feet, except churches, schools and libraries shall not exceed a maximum height of 50 feet. A public water supply reservoir, tower or filter bed may exceed 50 feet, but not more than a maximum height of 75 feet, so long as such structure is at least 100 feet from any property line.
(b) Every lot occupied by a main building or use as a U8 special use shall comply with the requirements for the percentage of lot coverage, for buildings (intending to exclude other structures) indicating the following schedule:
Permitted Main Building or Use | Lot Coverage Maximum |
Churches, schools, public libraries, public museums, community set or buildings | 20% |
Hospital or sanitarium other than for the insane or feeble minded | 15% |
Public recreation building | 20% |
electric substation, telephone exchange, Brewster station for natural gas distributed by public utility | 20% |
City Hall, Fire Station, Police Station and the like or similar public or quasi-public building | 20% |
(c) Forty percent of the area of any rear yard may be occupied by a one story accessory building, but on a corner lot no such accessory building, if detached from the main building, shall be erected within 20 feet of the street line and no such accessory building, unless located 50 feet or more back from the street line, shall be erected within 10 feet of the rear lot line.
(d) Building Lines. The building lines shall be 75 feet from the center line of the street.
(e) The side yard setback for any U8 special use shall be 50 feet unless otherwise established by the Board of Zoning Appeals.
(f) The rear yard setback for all U8 special uses shall be 50 feet unless the Board of Zoning Appeals establishes a different setback. They also need to decide if the setbacks should be different when abutting residential districts.
(g) The Board of Zoning Appeals shall establish greater front, rear and side yard setbacks when the special use abuts a residential district and a greater setback is necessary for the avoidance or mitigation of being adjacent to a special use. Any active recreational activities shall be set back at least 100 feet from any lot line. Any electric substation, or a sewage disposal plant shall be setback 100 feet from any lot line.
1141.04 CLASS U10 SPECIAL USES.
The following special uses may be permitted by the Council only after public hearing and affirmative action:
(a) Landfill.
(b) Expansion or extension of any existing landfills
(c) Establishments or amusement centers involving the use of mechanical or electronic amusement devices as defined in Section 725.01
(c) of the Business Regulation Code.
(d) Bulk storage of salts and gravel.
(Ord. 02-2010. Passed 1-11-10.)
1143.01 PERMITTED ACCESSORY USES; GARAGES, PARKING.
(a) Accessory Uses in Residential Districts: Requirements.
(1) For the purpose of this section, any part of a building in which an automobile is kept shall be termed a garage.
(2) For a single-family use district, and subject to the dimensional requirements contained in Section 1153.02(b), the maximum size of a garage shall be 528 square feet, but shall be no more than forty percent (40%) of rear yard, as defined in Section 1153.02(b). In the event a single-family residence has 8,000 square feet or more lot area, a garage for parking of three cars is permitted.
(3) For a two-family use district, a three car garage is permitted, maximum area of same not to be more than 660 feet, provided that there is 2,000 square feet of lot area for each parking space. Garage may not be more than forty percent (40%) of rear yard as defined in Section 1153.02.
(4) Private garages in a U3 District which includes condominiums, shall provide storage for at least one car. There shall also be an additional parking space in the open for each living unit. The driveway leading to each enclosed parking space shall not be considered as the other off-street parking facility.
(b) Rear and Side Yard Requirements.
(1) With windows or other openings in sides adjacent to the lot lines, the distance from such lot lines shall be three feet.
(2) With wood or unprotected steel frame, without openings, garage shall be one foot six inches from side lot line, and three feet from rear lot line.
(3) Masonry walls without openings may be built on lot lines.
(4) Any garage located less than ten feet of any dwelling on an adjoining lot, shall at least have one hour fire protection of walls and ceiling.
(c) Garage Size Requirements.
(1) For a single-family use district, maximum size of garage shall be 528 square feet, but shall be no more than forty percent (40%) of rear yard, as defined in Section 1153.02(b). In the event a single-family residence has 8,000 square feet or more lot area, a garage for parking of three cars is permitted.
(2) For a two-family use district, a three car garage is permitted, maximum area of same not to be more than 660 feet, provided that there is 2,000 square feet of lot area for each parking space. Garage may not be more than forty percent (40%) of rear yard as defined in Section 1153.02.
(3) Private garages in a U3 District which includes condominiums, shall provide storage for at least one car. There shall also be an additional parking space in the open for each living unit. The driveway leading to each enclosed parking space shall not be considered as the other off-street parking facility.
(4) All garages shall have gutters and downspouts, which shall be connected to a new or an existing sewer.
(5) Passenger automobiles only shall be kept at any garage or upon any premises in such district except that an occupant shall be permitted to store a panel or pickup truck, having a gross weight of less than 4,000 pounds, or used in connection with his livelihood wholly within a garage during the hours same is not actively in use.
(Ord. 01-2008. Passed 1-14-08.)
(d) Utility or Storage Sheds. In any residential district, one utility shed and/or storage shed is permitted. The utility shed and/or storage shed shall be placed on a cement pad of at least four-inch thickness and such utility or storage shed shall be secured thereto. Utility or storage sheds shall be limited to 120 square feet and not to exceed eight feet in height.
(Ord. 78-1992. Passed 9-28-92.)
1143.02 SIGNS; HOME OCCUPATIONS.
(a) A billboard, signboard or advertising sign, whether for political purposes or otherwise, shall in no case be permitted as an accessory use. The placing of a "For Rent" sign, the copy of which shall not exceed one square foot in area, which shall not be illuminated, shall be permitted, provided it is placed not closer than five feet in front of the building line of the premises. (Ord. 129-1964. Passed 9-28-64.)
(b) A store, trade, profession, use or business shall not be permitted as an accessory use in any private residence or apartment building. Offices of a physician, surgeon, dentist, attorney or musician, presently located in a one or two-family dwelling or apartment house, are declared to be nonconforming uses. Any person carrying on a customary home occupation, heretofore permitted by this section, shall be deemed to be carrying on a nonconforming business use, subject to the provisions of Chapter 1149.
(Ord. 117-1964. Passed 9-28-64.)
(c) No person shall engage in any accessory use or engage in any occupation at his residence when such use or occupation is not customarily incident to his residency. Penalties provided for in Section 1123.99 shall apply to violations of this subsection.
(Ord. 117-1971. Passed 8-23-71.)
1145.01 SINGLE, TWO-FAMILY AND APARTMENT HOUSE DISTRICT.
(a) Single-Family House District. In a Class U1 District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for a Class U l Use.
(Ord. 29-1963. Passed 5-13-63.)
(b) Two-Family House District. In a Class U2 District, no building or premises shall be used which is arranged, intended or designed to be used except for a Class U1 or U2 Use.
(c) Apartment House District. In a Class U3 District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for a Class U1, U2 or U3 Use.
(Ord. 121-1962. Passed 12-17-62.)
1145.02 LOCAL RETAIL DISTRICT.
In a Class U4 District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, except for a Class U4 Use.
An accessory use, customarily incident to a Class U4 Use, shall also be permitted in a Class U4 District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. A private garage, permitted as an accessory use, shall provide storage for not more than one motor vehicle for each 1,500 square feet of lot area. Mechanical power in excess of five horsepower shall not be permitted as an accessory use, except refrigeration units used for cooling purposes on the premises, subject to approval of the Building Commissioner.
(Ord. 82-1963. Passed 10-28-63.)
1145.03 GENERAL BUSINESS DISTRICT.
In a Class U4b District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used, except for a Class U4 Use.
An accessory use, customarily incident to a Class U4b Use, shall also be permitted in a Class U4b District, provided such accessory use is located upon the same lot with the building or use to which it is accessory. A private garage, permitted as an accessory use, shall provide storage for not more than one motor vehicle for each 1,500 square feet of lot area.
Mechanical power in excess of five H.P. per store shall not be permitted as an accessory use. (Ord. 121-1962. Passed 12-17-62.)
1145.04 OUTDOOR LIGHTING.
All outdoor lighting shall be of constant intensity, and shall be downward directed, reflected or shielded so as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, create a nuisance or unreasonably interfere with a neighboring property owner’s right to enjoy his property.
(a) To this end and to minimize light trespass:
(1) All sources of illumination of the exterior of buildings or grounds shall be shielded so as not to cause direct glare and shall be directed away from any lot lines and toward the principal building and parking area on a lot. Lighting fixtures and devices from which direct glare is visible on adjoining roads or property shall be prohibited.
(2) All sources of illumination of the exterior of buildings or grounds shall be shielded so as not to cause glare which is hazardous to vehicle drivers or is objectionable to owners of adjacent lots.
(3) Lighting fixtures with lamps rated at initial lumens of two thousand five hundred (2,500) or greater must be the full cutoff type. For purposes of this regulation, a full cutoff light fixture is defined as one which emits no light above a horizontal plane drawn through the lowest part of the fixture.
(4) Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform, shall use a narrow cone beam of light. Only one fixture with a lamp emitting no more than one thousand eight hundred (1,800) lumens shall be used for each flag, statue, or other object illuminated.
(5) Flashing lights shall be prohibited.
(6) When used for security purposes or to illuminate walkways, driveways and storage areas, roadways, equipment yards and parking lots, only fully shielded cut-off style light fixtures shall be utilized.
(7) All outdoor light pole fixtures shall not exceed a maximum height of twenty (20) feet.
(1) All outdoor lighting fixtures producing light directly by the combustion of fossil fuels, such as kerosene lantern or gas lamps, are exempt from the requirements of Section 1145.04(a)(6).
(2) All low-voltage lighting rated twelve (12) volts or less and seasonal lighting shall be exempt from the requirements of Section 1145.04(a).
1147.01 HEIGHT DISTRICT LIMITATIONS.
Except as hereinafter set forth, no buildings shall be erected to a height in excess of two and one-half stories or in excess of 35 feet. In a U3 District, apartment houses may be erected to a height of four stories but no greater than a height of 50 feet. If a height district limitation is specifically set forth in another chapter of this Planning and Zoning Code, the provisions set forth in the specific district chapter shall prevail over the provisions contained in this section.
1147.02 HEIGHT DISTRICT EXCEPTIONS.
The provisions of Section 1147.01 shall not apply to restrict the height of a church spire and belfry in a U1, U2 and U3 District, or a clock tower, wireless tower, chimney flue, water tank or elevator bulkhead in a U4 or U8 districts.
The Planning Commission may, after public notice and hearing, and subject to such conditions and safeguards as the Commission may prescribe to protect the appropriate use of neighboring property, permit the erection of a building or portion of a building covering not more than twenty-five percent (25%) of the area of the lot to a height in excess of the limits prescribed in the preceding section, which permission shall be confirmed by resolution of Council before becoming effective.
Nothing in this Planning and Zoning Code shall prevent the erection, above the height limit, of a parapet wall or cornice, solely for ornament and without windows, extending above such height limit not more than three feet.
(Ord. 121-1962. Passed 12-17-62.)
1147.03 USE DISTRICT EXCEPTIONS.
The Board of Zoning Appeals may, in specific cases, after public notice and hearing and subject to such conditions and safeguards as the Board may establish, determine and interpret the applications of the use district regulations herein established as follows:
(a) Permit the extension of a building or use into a more restricted district immediately adjacent thereto but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized.
(Ord. 121-1962. Passed 1247-62.)
(b) Permit the extension of a nonconforming use or building existing upon the lot or tract occupied by such use or building at the time of the passage of this Planning and Zoning Code. This permission is subject to the approval of Council.
(Ord. 170-1962. Passed 1-28-63.)
(c) Permit in a use district any use deemed by the Board in general keeping with the uses authorized in such district. A use not specifically designated in the classes foregoing shall be permitted only after public hearing.
(Ord. 121-1962. Passed 12-17-62.)
(d) The Board, subject to confirmation and approval by Council, may grant, in U4 Districts, and on lots in U1, U2 and U3 Districts adjoining U4 Districts, renewable permits for a period not exceeding one year for public parking lots and for private parking lots providing storage for more than six cars, the validity of such permits to be conditioned upon adherence to plans for access drives, grading, improvement and landscaping of such parking lots submitted to the Board and approved by it at the time of the granting of the permit, provided that such permits may be refused for property fronting on main traffic streets if, in the opinion of the Board, such use would contribute to traffic hazard and congestion, or would interfere with the proper development of adjoining frontage. (Ord. 170-1962. Passed 1-28-63.)
1149.01 PURPOSE.
The general object is to bring about eventual conformity to a comprehensive plan for the community by the gradual elimination of all nonconforming buildings and uses.
(Ord. 121-1962. Passed 12-17-62.)
1149.02 NONCONFORMING BUILDINGS.
"Nonconforming building" means a building or other structure, existing lawfully at the time this Planning and Zoning Code became effective, or which complied with this Planning and Zoning Code at the time the building or other structure was constructed or erected, but which does not now conform to the area, yard, height or similar regulations of the district in which it is located.
(a) Maintenance and Repair. The nonconforming building may continue to be maintained and/or remodeled as long as there are no structural changes and otherwise complies with this Planning and Zoning Code.
(Ord. 174-1964. Passed 1-25-65.)
(b) Moving. A nonconforming building may be moved in whole or in part to any other location on the lot or other premises, providing every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
(Ord. 121-1962. Passed 12-17-62.)
(c) Restoration of Damaged or Destroyed Building. If a nonconforming building is damaged to any extent, or wholly destroyed physically, by any means whatsoever, such nonconforming building so damaged or destroyed may be restored to its former size and capacity. Such repairs or restoration shall be completed within one year from the date of damage or destruction. Any variance from the original plans, size or types of materials to be used shall be approved by resolution of Council, upon recommendation of the Building Commissioner and the Chief of the Fire Division, The nonconforming use in existence prior to such damage or destruction may then be resumed or continued.
(Ord. 174-1964. Passed 1-25-65.)
(d) Discontinuance of Use. If a nonconforming use of a building or portion thereof is discontinued for a period of six months, or changed to a conforming use, any future use of such building or portion thereof shall be in conformity with the district regulations in which such building is located.
The existing nonconforming use of the office of a physician, surgeon, dentist, attorney or musician, as defined in Section 1143.02
, shall not be transferable to succeeding tenants or owners of the dwelling in which such nonconforming home occupation is presently being conducted. Such nonconforming use shall cease upon the death, incapacity or removal from such premises by the person conducting such business. (Ord. 61-2001. Passed 12-10-01.)
1149.03 NONCONFORMING USE OF LAND.
(a) The nonconforming use of land where no building or structure is involved
existing at the time this Planning and Zoning Code became effective, shall not be expanded or extended beyond the use theretofore made of it.
(b) Discontinuance of Use. If any lot or part thereof nonconforming as to use is discontinued for a continuous period of at least six months, any future use of such lot or part thereof shall comply with the use regulations of this Planning and Zoning Code.
(Ord. 61-2001. Passed 12-10-01.)
1149.04 NONCONFORMING USE DUE TO RECLASSIFICATION.
The foregoing provisions of this chapter shall also apply to buildings, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this Planning and Zoning Code. However, where this chapter specified a termination date for the discontinuance of nonconforming buildings or uses in a given category, such a date shall be computed from the date of reclassification or change.
(Ord. 121-1962. Passed 12-17-62.)
1151.01 LOT AREA REQUIREMENTS IN RESIDENCE DISTRICTS.
(a) In a U1 single-family use district, the minimum size of lots in the residential unplanted area zoned for U1 residential use shall not be less than seventy-five feet in width with a minimum lot area of not less than 12,000 square feet or its equivalent seventy-five feet front by 160 feet deep. However, in the case of a proposed subdivision which has been on file with the County Auditor's office for at least ten years or more, prior to January 1, 1963, but not accepted by Council or filed with the Recorder of Cuyahoga County, which proposed subdivision contains lots having a frontage width of sixty feet or less, such subdivision may be subdivided with sublots having a footage width of not less than sixty feet, and containing not less than 12,000 square feet of lot area with approval of the Planning Commission.
(b) Vacant unplanted land, abutting on an established roadway, shall be permitted to be not less than seventy-five feet wide with a minimum lot area of 12,000 square feet, to the extent of the lots fronting on such roadway, when opposite lots on such roadway are laid out seventy-five feet wide, pursuant to the exception in subsection (a) hereof.
(c) To permit a uniform arrangement of sublots in any new subdivision, wherein lots are laid out on a curved roadway, frontage width of sublots on a curve may be less than seventy- five feet wide, but not less than thirty feet wide at the right-of-way line and not less than seventy- five feet wide at the building line, as established by ordinance, and contain not less than 12,000 square feet and further, shall be approved by the Planning Commission.
(d) The building line must be set back a minimum of twenty-five feet from the right-of- way line.
(e) Each lot must have a side yard of not less than twenty percent (20%) of the total lot width, with a minimum of five feet on any one side.
(f) The maximum height for any structure is thirty-five feet.
(g) Each structure must have an attached garage with enough space for a minimum of two cars.
(Ord. 69-2002. Passed 10-14-02.)
1151.02 LOT WIDTH IN RESIDENCE DISTRICTS.
In a Class U1, U2 or U3 District, no dwelling shall be erected on a lot having an average width of less than seventy-five feet, unless such lot was separately owned at the time of the passage of this Planning and Zoning Code or unless such lot is a numbered lot in a subdivision that is on record in the office of the County Recorder at the time of the passage of this Planning and Zoning Code. In a Class U2 District, no double or two-family house shall be erected on a lot having an average width of less than seventy-five feet. In a Class U3 District, no apartment house shall be erected on a lot having an average width of less than seventy-five feet.
(Ord. 69-2002. Passed 10-14-02.)
1151.03 LOT COVERAGE.
Maximum Lot coverage in the U-1 and U-2 Residents Districts shall not exceed fifteen percent (15%) of the lot.
1151.04 DRIVEWAY AND PARKING IMPROVEMENTS.
No driveway shall be constructed in a U-1 or U-2 District wider than twelve (12) feet. Any improved area behind a residential structure in a U-1 or U-2 District, that is improved with concrete, asphalt or similar hard surface material, shall not be utilized for the parking of motor vehicles, boats, or other large vehicles. All improved surfaces on a lot in a U-1 or U-2 District shall be included for purpose of calculating lot coverage.
1153.01 SIDE YARDS IN RESIDENCE DISTRICTS.
(a) In a Class U1, U2 or U3 District, for every building erected, there shall be a side yard along each lot line other than a front line or rear line.
(b) Each single-family dwelling, each two-family dwelling and each apartment house shall be deemed a separate building, and shall have side yards as above prescribed, except that two single-family dwellings may be attached as a double house and be considered a single building where permitted in a Class U1 or U2 District.
(c) The least dimension of a side yard shall be not less than three feet, and the total width of side yards shall be not less than eleven feet. However, in the event of an attached garage, the combined side yards shall be not less than ten feet; in the latter case, the width of the respective sides shall be approved by the Board of Zoning Appeals.
(d) For an apartment house in a U3 District, the least dimension of each side yard shall be not less than ten percent (10%) of the average width of the lot, but such least dimension need not exceed twelve feet.
(e) Under each subsection of this section, the least dimension shall, in no case, be less than one-sixth of the height of the building. (Ord. 121-1962. Passed 12-17-62.)
1153.02 REAR YARDS IN RESIDENCE DISTRICTS.
(a) In a Class U1, U2 or U3 District, every building erected shall have a rear yard.
(b) The least dimension of such rear yard shall be twenty percent (20%) of the depth of the lot, but such least dimension need not be more than forty feet, providing such least dimension shall in no case be less than one-half of the height of the building.
(c) Forty percent (40%) of the area of such rear yard may be occupied by one accessory building not more than sixteen feet in height, but on a corner lot, the rear line of which is identical with the side line of an interior lot, no such accessory building, if detached from the main building, shall be erected within twenty-three feet of any street line or within ten feet of the rear lot line, in a Class A-5 District, or five feet from the rear lot line in Class Al through A4 Districts. (Ord. 121-1962. Passed 12-17-62.)
1153.03 REAR HOUSES.
In a Class U1, U2 or U3 District, every dwelling or apartment house erected shall have access to a public street, and, if located in the rear of other buildings with no immediate street frontage, an easement for access shall be provided over an unoccupied strip of land at least twenty feet in width and such reserved strip may not form a part of any yard or lot areas required by this Planning and Zoning Code. (Ord. 121-1962. Passed 12-17-62.)
1153.04 SIDE AND REAR YARDS IN BUSINESS DISTRICTS.
(a) In a Class U4 District, where the side line of the lot adjoins a Class U1, U2 or U3 District, no building, unless located fifty feet or more back from the street line, shall be erected within ten feet of such adjoining Class U1, U2 or U3 District.
(b) In a Class U4 District, where the rear line of the lot adjoins a Class U1, U2 or U3 District, every building erected shall have a rear yard. The least dimension of such yard shall be at least twenty percent (20%) of the depth of the lot, but such least dimension need not be more than forty feet, provided such least dimension shall in no case be less than one-half of the height of the principal building thereon.
(c) Forty percent (40%) of the area of such rear yard may be occupied by a one-story accessory building, but on a corner lot no such accessory building, if detached from the main building, shall be erected within twenty feet of the street line and no such accessory building, unless located fifty feet or more back from the street line, shall be erected within ten feet of the rear lot line. (Ord. 121-1962. Passed 12-17-62.)
1153.05 YARD EXCEPTIONS.
(a) The area required in a side or rear yard shall be open from the established grade or from the natural grade, if higher than the established grade, to the sky, unobstructed except for the ordinary projections of window sills, belt course, cornices and other ornamental features to the extent of not more than eighteen inches, except that within five feet of the street wall, a cornice may project not over three feet into such yard, and provided that if the building is not over two and one-half stories in height, the cornice may project not more than two and one-half feet into such yard.
(b) A building and any accessory building erected on the same lot shall, for the purpose of side and rear requirements, be considered as a single building.
(c) Wheelchair ramps constructed in the front or backyard of a home shall be exempt from the regular setback requirements of the City. All wheelchair ramps constructed must conform to the Building Code of the City of Garfield Heights and be done so in a manner so as the ramp conforms to all slope requirements without encroaching upon a public sidewalk. No wheelchair ramp may be constructed in a manner which causes blight to the City.
(Ord. 26-2011. Passed 5-9-11.)
1153.06 FRONT YARDS AND BUILDING LINES IN RESIDENCE DISTRICTS.
For the purpose of establishing front yards and further regulating side yards and the height of buildings near the street line, building lines are established as being twenty-five feet from the street line, except that where twenty-five percent (25%) or more of the street frontage on either side of a street between two intersecting streets is improved with buildings that are set back from the street line, the alignment of the existing buildings shall be the building line. Minor irregularities in such alignment of existing buildings may be disregarded by the Board of Zoning Appeals in defining and applying this building line regulation, or the Board may, when in its opinion the general purpose and intent of this section will be better served thereby, determine that the average distance the existing buildings are back from the street line, either for such entire frontage or for any part thereof, shall be the building line.
(Ord. 121-1962. Passed 12-17-62.)
1153.07 BUILDING LINES IN CLASS U4 DISTRICTS.
The following building lines are established:
(a) Easterly side of Turney Road from the northerly City limits to Plymouth Avenue, forty-three feet from the center line of Turney Road.
(b) Easterly side of Turney Road from Plymouth Avenue to Granger Road, forty-nine feet from the center line of Turney Road.
(c) Easterly side of Turney Road from Granger Road to the southerly City limits, sixty-five feet from the center line of Turney Road.
(d) Westerly side of Turney Road from Grand Division Avenue to Garfield Boulevard, forty-three feet from the center line of Turney Road.
(e) Westerly side of Turney Road from Garfield Boulevard to Granger Road, forty- nine feet from the center line of Turney Road.
(f) Westerly side of Turney Road from Granger Road to the southerly corporate limits of the City, sixty-five feet from the center line of Turney Road.
(g) Granger Road, forty-three feet from the center line of the street.
(h) Garfield Boulevard, forty-three feet from the center line of the street.
(i) McCracken Road, forty-three feet from the center line of the street; with the relocation of McCracken Road east of Broadway to the corporate line, seventy-five feet from the center line of the road.
(j) East 131st Street, forty-three feet from the center line of the street.
(k) Warner Road, seventy feet from the center line of the street.
(1) Broadway Avenue, forty-three feet from the center line of the street.
(m) Rockside Road, from easterly corporate line to Turney Road, forty-three feet from the center line of the street; Rockside Road, from Turney Road to the westerly corporate line, seventy-five feet from the center line of the street.
(Ord. 83-1976. Passed 9-27-76.)
1153.08 SIDE YARD REQUIREMENTS ON CORNER LOTS.
(a) In a Class U1 or U2 District, along the side line of a corner lot, the distance of the building line back from the street line shall be fifteen percent (15%) of the average width of such lot, but such distance back from the street line need not be more than fifteen feet. In a Class U3 District along the side line of a corner lot the distance of the building line back from the street line shall be twelve percent (12%) of the average width of such lot, but such distance back from the street line need not be more than twelve feet.
(b) In a Class U4 and U4d District where the building constructed on such corner lot faces the front of the lot, the building line along such line shall be located five feet back from the street line for a distance of 150 feet back from such building line.
(c) Corner side yards in all other districts shall be established by the Board of Zoning Appeals so as to blend harmoniously with adjacent properties and to carry out the intent of this Planning and Zoning Code.
(Ord. 121-1962. Passed 12-17-62.)
1153.09 APPEALS FROM YARD REQUIREMENTS.
Whenever any parcel of land now separately owned and which was so owned prior to the passage of this Planning and Zoning Code is of such restricted area that it cannot be appropriately improved without building beyond the building line established by Sections 1153.06 and 1153.07, the Board of Zoning Appeals may, upon application in a specific case, after public notice and hearing, authorize the construction of a building beyond the building line to an extent necessary to secure an appropriate improvement of the parcel of land.
On application in a specific case, the Board of Zoning Appeals may, after public notice and hearing, issue a conditional permit for the construction of a building beyond the building line established by this chapter, provided that public health, safety, convenience or general welfare shall not thereby be injuriously affected or the appropriate use of neighboring property seriously injured.
(Ord. 121-1962. Passed 12-17-62.)
1155.01 PERMIT REQUIRED; LOCATION; SURVEY OR AGREEMENT.
(a) No fence shall be erected, altered, relocated or reconstructed upon, along or adjacent to any boundary line of any lot or parcel of land or part thereof, in the City without first obtaining a permit therefor. No permit shall be issued without the applicant first presenting to the Building Commissioner a survey of the parcel of land sought to be enclosed by the fence or in the alternative, an agreement between all persons of interest, contiguous to such parcel of land being enclosed, expressing their agreement and consent to the location of such fence upon the applicant's parcel of land.
(b) No fence shall be erected or constructed between the rear building line and the street or sidewalk except as hereinafter provided.
(1) An extension of a fence shall be allowed one foot beyond the side door of a dwelling from the back building line, with a gate, provided that the dwelling does not have a rear entrance and that such side door shall be a direct means of entrance into the home. A side door on attached garages as an entrance shall not be considered for the purposes of this section.
(2) The Building Commissioner shall only permit the extension provided for in. subsection (b)(1) hereof, when in his determination, the extension of fence from the rear building line to one foot beyond the side door shall not constitute a hardship to the adjoining property owner.
(Ord. 127-1976. Passed 1213-76.)
(3) Split rail or picket fences, not exceeding 3 feet in height, shall be permitted within the front yard, but set back at least 25 feet from the right-of-way line of a property, so long as the fence will not obstruct the view of pedestrians or operators of motor vehicles intending to enter a street, alley, sidewalk or other passageway, and are not constructed across the entire front nor the entire side of the front yard.
1155.02 FENCE REGULATIONS.
(a) Construction: The face of the fence is to be on the outside, and on the lot or land of the person constructing or causing the construction of such fence. The height of the fence shall be measured from the surface of the ground, undisturbed by fills, in relation to adjoining property, and shall comply with Section 1155.03. Where the land is uneven, with depressions and ridges, the Building Commissioner shall determine the average or mean level of the ground.
(b) Vinyl Privacy Fences: Solid vinyl fences shall be permitted.
(c) Wooden Privacy Fences: Only the following wooden fences shall be permitted within the residential districts of the City of Garfield Heights.
(1) Board on Board Fence or Shadow Box Fence: A fence constructed with a row of boards placed upright on opposite sides of a supporting beam. The individual boards on the same side of the supporting beam shall be separated by a distance that equals or is less than the width of the board. Example as follows:
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(2) Basket Weave Fence or Woven Fence: A fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket. Example as follows:
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(3) Solid Board: A fence constructed with a row of boards no less than four (4) inches in width, but no more than (6) inches in width, placed upright and against each other. Example as follows:
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(d) Chain Link Fences: Shall be permitted so long as the fence is made of metal consisting of loops of wire interconnected in a series of joined links
(e) Ornamental Fences: The following ornamental fences shall be permitted within the residential districts of the City of Garfield Heights: Split Rail Fences, Post and Board Fences, Picket Fences, Wrought Iron Fences, and Decorative Fences.
(f) Fences Not Permitted:
(1) Plywood Fences: No fence constructed in total or in portion of plywood shall be permitted.
(2) Stockade Fence or Palisade Fence: No fence constructed with a row of large, pointed stakes placed upright and against each other shall be permitted.
(3) Poultry-Netted Fences: No fence constructed in total or in portion of poultry-net/chicken wire.
(Ord. 52-2015. Passed 11-23-15.)
1155.03 HEIGHT RESTRICTIONS.
Fences along the side lines of residential lots may extend to six feet in height provided that all adjoining property owners sign an agreement as to the height of such fence(s).
Fences along the rear lot lines of residential lots shall not exceed a height of six feet.
Fences along the rear and/or side lot lines of residential lots abutting or adjacent to retail, commercial or industrially zoned areas shall not exceed a height of seven feet.
Fences along the rear or side lines of properties zoned retail, commercial or industrial, which are not abutting or adjacent to residential properties, shall not exceed a height of eight feet.
(Ord. 11-1990. Passed 2-12-90.)
1155.04 BARBED WIRE FENCES.
Barbed wire in fences shall not be permitted where the adjacent property is residential.
Where barbed wired is not prohibited, such wire shall be not less than seven feet above the ground.
(Ord. 74-1965. Passed 7-12-65.)
1155.05 PERMIT FEES.
Fees for fence permits shall be charged at the rate provided under the fee schedule in the Building Code.
1155.06 APPEALS AND WAIVERS.
Appeals and requests for waivers of any of the foregoing restrictions and requirements shall be heard and decided by the Board of Appeals.
(Ord. 67-1974. Passed 12-8-75.)
1155.07 WAIVERS FOR SWIMMING POOLS; RESTORATION.
A resident who has been extended a fence waiver of any type in conjunction with the construction or maintenance of a swimming pool whether such waiver has been granted by Council or by the Board of Zoning Appeals, shall in the event the swimming pool is abandoned or removed, be required within thirty days thereof, to restore the height of all fencing in compliance with this chapter. All waivers issued in connection with swimming pool fences, whether by Council or by the Board shall from the date of passage of this section bear the notation. "This waiver is issued only for the life of the swimming pool. In the event the swimming pool is abandoned or removed, all fences shall be restored to height provided in ordinances of this City within thirty days thereof." (Ord. 69-1974. Passed 8-26-74.)
1155.08 LANDSCAPING AND SCREENING REQUIREMENTS.
The purpose of this section is to provide for visual screening or landscape buffers to remove, reduce, lessen or absorb the shock impact between one incompatible use or zone; breakup and lessen impact of large parking areas; provide interest and lessen the monotony of the streetscape; and obscure the view of outdoor rubbish areas, dumpsters and loading areas. In addition to any required screening or landscaping, all pervious areas of the sites that are subject to this section shall be permanently protected from soil erosion with grass or other suitable ground cover.
(a) Definitions. Terms relative to landscaping and screening shall have the following meanings:
(1) “Standard Screening” means a fence, masonry wall or evergreen hedge which is eighty percent (80%) or more solid and either six (6) feet high or of a height adequate to screen the view from a person six (6) feet tall standing on a public street on adjacent property.
(2) “Standard Plant” means a plant that is nursery grown in a climate similar to or more severe than that of the city, typical of its species in branch structure; free of cultural or mechanical injury, insect eggs or their larvae and plant diseases; and is accompanied by certification of inspection from authorities having jurisdiction over use and shipment. Sizes, grading, root spread, dimensions of earth balls and measurement shall conform to American Standards for Nursery Stock of the American Association of Nurserymen, Inc. hereinafter referred to as “AAN”.
(3) “Standard Shrub” means a standard plant that is deciduous or evergreen with a busy habit of growth. Sizes, or sizes and spread, shall conform to the AAN's standards for types of their categories of deciduous shrubs, evergreens and evergreen broadleaf.
A. Deciduous – 2 to 3 feet.
B. Evergreens, coniferous – spreading 18 to 24 inches
Upright 2.5 to 3 feet.
C. Evergreens, broadleaf – height 2 to 2.5 inches
16 inch spread
(4) “Standard Tree” means a standard plant that is a deciduous hardwood species or named variety thereof with a minimum caliper of 2 to 2 ½ inches, measured height conforming to the AAN’s type run (standard shade trees) or Type 2 (slower growing shade trees). The tree species selected shall have a normal spread of twenty (20) feet in twenty (20) years growth.
(b) Required Buffer Zone. In addition to any other landscaping requirements that may be set forth in this Planning and Zoning Code, all conditional uses in non- residential districts, and all uses that are adjacent to Residential Districts shall be required to provide a buffer zone along the entire length of the common boundary between the commercial use and the residential use, and shall be maintained not less than 10 feet in depth. This buffer zone shall be landscaped with grass, Standard Shrubs and Standard Trees, and shall contain a solid brick wall three (3) feet in height from the building line of the adjacent residential use or district to the street and six (6) feet in height from the building line to the rear yard line of the abutting residential use or district, which ever is greater.
(c) Required Landscaping for Parking Lots, Parking Decks and Parking Garages. Landscape planting shall be installed on all parking lots. Said planting shall consist of at least one (1) standard tree for each ten (10) parking spaces in the lot. Whenever parking areas, including parking lots, parking decks and parking garages consist of five (5) spaces or more and are located such that the parked cars will be visible from a public street, landscaping shall be required between the street and the parking lot, or parking deck or parking garage. Such landscaping shall be a minimum height of three and one-half (3.5) feet at the time of planting, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of fifty percent (50%) of the parking area but shall not obstruct vision at a driveway or street intersection within the triangle formed by the curb lines of two (2) intersecting streets, and a line drawn between two (2) points, one (1) on each such curb line, each twenty (20) feet from the point of intersection of such curb lines, or the triangle formed by the two (2) right-of-way lines and a line drawn between two (2) points, one (1) on each such right-of-way line, each ten (10) feet from the point of intersecting of such right-of-way lines, whichever is less or the intersecting boundary of the driveway and the curb line of the street and a line between two (2) points, one (1) on such driveway boundary and one (1) on such curb line of the street, each twenty (20) feet from their point of intersection, or the triangle formed by the intersecting boundary of such driveway and the right-of-way line, and a line drawn between two (2) points, one (1) on such driveway boundary and one (1) on such right-of-way line, each ten (10) feet from their point of intersection, whichever is less.
(d) Required Front Yard Landscaping. In all districts, each part of a front yard shall be opened to the sky, unobstructed except for parking areas and signs as permitted and regulated in the district regulations and sign regulations, and shall be landscaped to be permanently protected from soil erosion with grass, trees and shrubs.
(e) Screening Requirements for Objectionable Features. All multiple family, conditional uses and non-residential uses shall provide the following required screening for loading areas, recycling and trash receptacles, and outdoor storage when permitted in a district:
(1) Standard Screening, as defined in Subsection (a), shall be provided for loading area or storage area when adjacent to residential districts or visible from a public street.
(2) Recycling and trash receptacles shall be screened on all sides from any residential district, parking area or public right-of-way by a vision obscuring fence or plant material.
(3) Whenever outdoor storage is permitted, the storage area shall be totally enclosed by fencing in compliance with this Planning and Zoning Code. Whenever rubbish areas or dumpsters or similar structures are stored outside, they shall be screened with Standard Screening, in compliance with this Planning and Zoning Code, except that the height of such fence, wall or hedge shall be at least one foot higher than the structure or material being stored unless the Planning Commission determines that such screening is not necessary due to other site conditions on the property where the storage will occur or the existing or foreseeable uses of surrounding properties. The Planning Commission may permit the fence to be substituted by a masonry wall or evergreen hedge, or other landscaping, when it determines that such wall or landscaping will provide at least as good a screen as fencing would provide for surrounding property.
(f) Maintenance of Approved Landscaping. For uses that require an approved landscaping plan, landscaped areas shall be maintained in a fully landscaped condition essentially matching the approved landscaping plan on file with the City, with dead plants being promptly replaced. Any non-residential property for which no landscaping plan has been approved, as a result of being used before this section was adopted, or any other section requiring landscaping, shall continue to maintain existing trees, shrubs and other landscaping to fulfill the purposes of this section as specified hereinabove.
1155.09 PROHIBITED FENCES; INSTALLATIONS.
(a) No fence shall be erected or constructed parallel to another fence in a manner that would cause less than three (3) feet of property to exist between the two fences. Said property between the two fences must be maintained in accordance with Garfield Heights Code Section 1359, Exterior Property Maintenance Code. When applying for a fence permit, failure to inform the Building Department or the Building Commissioner of the condition of a parallel fence will result in the negation of any permit issued by the City.
(b) Dog pens or enclosures inside fenced-in properties are prohibited.
(c) No fence shall be erected or constructed on a corner lot property unless said fence is erected or constructed two (2) feet from, and inside of, a public sidewalk or walkway.
(Ord. 53-2014. Passed 9-8-14.)
1157.01 DEFINITIONS.
(a) "Parking space" means an area of not less than 180 square feet, exclusive of drives, for the storage of each car. It may be either open land or within a structure. The parking space shall be located adjacent to the main building it is to serve, except where no other vacant land is available it may be located within 500 feet of such building measured from the nearest points and may be located across an alley or street but not across a major thoroughfare.
(b) "Floor area", for merchandising, service, amusement and assembly places or similar types of uses, means the total floor area used, or intended to be used, for service to the public as customers, patrons, clients, patients or as tenants and includes areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include floor areas used principally for nonpublic purposes such as the storage, packaging of merchandise or laboratory work.
"Floor area", for business and professional offices, clinics, manufacturing or used in determining amount of parking in large scale operations, means the gross floor area of the building occupied. It shall include all the area enclosed within the exterior walls on each floor of the building.
(c) "Seat" means the number of seats installed or indicated on each twenty lineal inches of benches, pews, space for loose chairs or similar seating facilities.
(d) Unit of Measure. The schedule of tables for determining the number of parking spaces shall be construed in each case as meaning that one additional space shall be provided where the computation results in a fractional space unit.
(Ord. 9-1976. Passed 1-26-76.)
1157.02 OFF-STREET PARKING FACILITIES REQUIRED.
Before the issuance by the Building Commissioner of a permit for the construction, enlargement, alteration or repair of any main building, the owner thereof shall have provided off- street automobile storage spaces in garages or parking areas with adequate provision for ingress and egress, and such space shall thereafter be maintained. Any off-street storage space maintained in connection with any building on or after the effective date of this section shall thereafter be maintained to the extent required so long as the main building use remains, unless an equivalent number of such spaces are provided in another location.
(Ord. 9-1976. Passed 1-26-76.)
1157.03 SCHEDULE OF REQUIRED SPACE, BUILDING OR USE.
Where a private garage, as defined in Section 1121.17, is destroyed by fire, flood, natural disaster, or any other reason whatsoever including demolition, it shall be replaced with another garage in conformity with the zoning requirements of Section 1143.01 and provide spaces in accordance with the schedule below:
Residential: | Minimum Parking Space | |
(a) | One-family dwellings | 1 private garage space per dwelling unit |
(b) | Two-family dwellings | 1 private garage space per dwelling units |
(c) | Apartments, condominiums | 2 spaces per dwelling unit (one under cover) |
(d) | Hotels, motels | 1 space per dwelling unit |
Institutions: | ||
(e) | Hospitals | 1 space per each bed |
(f) | Clinics, health centers, Medical and dental offices | 1 space per 150 sq. ft. of gross floor area. |
(g) | Churches | 1 space for each 6 seats in auditorium and assembly room |
(h) | Mortuaries | 1 space per 50 sq. ft. of assembly |
Rooms | ||
Amusements and Assembly: | ||
(i) | Theaters, arenas, stadiums and other auditoriums | 1 space per each 4 seats in building |
(j) | Dance halls, skating rinks, lodge halls, assembly rooms for dancing | 1 space per 75 sq. ft. of area used |
(k) | Bowling alleys | 4 spaces per each alley |
Business Establishments: | ||
In a development of not more than 100-foot frontage, or a part thereof, the following schedule shall apply: | ||
(1) | Retail stores, banks, office buildings, service establishments | 1 space per 200 sq. ft. of gross floor area |
(m) | Restaurants, bars, taverns | 1 space per 50 sq. ft. of area used by customers. |
If a development of more than 100-foot frontage, or part thereof, in lieu of the above schedule, one space shall be provided for each 175 square feet of gross floor area for each floor of the building: | ||
(n) | Manufacturing plants, warehouses, bottling, bakeries, machine shops and similar Establishments | 1 space per 500 sq. ft. of gross floor area. |
1157.04 DUAL USE OF PARKING FACILITIES.
Up to not more than fifty percent (50%) of required off-street parking facilities for places of assembly such as theaters and churches may be supplied by off-street parking facilities provided for business buildings on uses such as offices, retail stores and service shops which are not normally open, used or operated during the principal operating hours of theaters or churches, or conversely up to but not more than fifty percent (50%) of the off-street parking facilities required by business buildings, may be supplied by the off-street parking facilities provided that the joint use of such parking facilities is secured for a period of time required by the Board of Zoning Appeals to adequately serve in lieu of separate parking facilities which would otherwise be required.
(Ord. 9-1976. Passed 1-26-76.)
1157.05 CONDITIONS OF PARKING AREAS.
(a) All required parking areas and driveways for multi-family business or industrial areas shall have a smoothly graded, hard surface, such as asphalt, asphalt-concrete or concrete, and be adequately drained. Surface waters shall not be permitted to be discharged over or on to public sidewalks or roadways, or adjoining premises. Lighting of such parking lots shall be reflected away from adjacent residences in the area and so arranged as to cause no annoying glare.
(b) Entrance and exit driveways shall be not less than sixteen feet wide and located in such places that shall interfere the least with normal traffic movement on the street, and such locations shall be approved by the Police Chief, and the Building Commissioner before construction. Unless existing site or street conditions make it impractical, there shall be at least two curb cuts in any parking area containing more than 20 cars, so that ingress and egress are on separate drives.
(c) Whenever a parking lot or driveway thereto adjoins a residential area, such parking lot and/or driveway or easement of ingress or egress shall not be more than five feet to the lot line, and all the land lying between the edge of the parking area, driveway or easement and the lot line shall be kept free of debris and shall be landscaped and maintained with at least one hedge row of hardy shrubs at least four feet in height or a solid retaining wall or fence. The fence shall conform with Chapter 1155.
Along the street frontage there shall be erected a safety curb or barrier set at a distance of at least five feet from the street line, not over two feet in height, and of such design and construction as to prevent any portion of a vehicle parking in such area from overhanging any portion of a public sidewalk or street.
(d) No bus, trailer, semi-trailer, van or truck more than one-half ton capacity shall be permitted to be parked on such parking lots continuously for a period exceeding twenty-four hours except in case of emergency; and whenever such emergency arises the owner or operator or person in charge shall immediately notify the Police Department of such fact. Trucks not exceeding one ton capacity, which are regularly used in the business for which such parking lot is adjunct, are exempted from this provision.
(e) No vehicle of any kind which is damaged or in need of repairs shall be parked continuously in such lots for a period exceeding forty-eight hours. Whenever the owner, operator or person in charge is unable to remove such vehicles from such parking areas he shall immediately notify the Safety Director of such fact together with his reasons for his inability to have such vehicle removed. The Safety Director may then extend such period of continuous parking for an additional period of forty-eight hours
(f) Parking areas in U4 Districts shall not be used for all-day parking of vehicles where such parking lots are not incident to the business and meant to be used as parking area.
(Ord. 9-1976. Passed 1-26-76.)
1159.01 DEFINITIONS.
As used in this chapter certain terms are defined as follows:
(a) "Collocation" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(b) "Lattice tower" means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(c) "Monopole" means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) "Open space" means land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).
(e) "Telecommunication" means the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
(f) "Wireless telecommunications antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators and residential or small business satellite dishes are excluded from this definition, and are covered under Chapter 1367 of the Building Code.
(g) "Wireless telecommunications equipment shelter" means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(h) "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications signals from a mobile communications source and transmitting those signals to a central switching computer, which connects the mobile unit with the land-based telephone lines, or sends the signal to another mobile telecommunications receiver.
(i) "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(j) "FAA" means the Federal Aviation Administration.
(k) "FCC" means the Federal Communications Commission.
(l) "Essential services" means for purposes of the zoning ordinances of the City, wireless telecommunications facilities, and cellular facilities are expressly excluded from the definition of "essential services."
(Ord. 50-1998. Passed 6-2-98.)
1159.02 INTENT.
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. 50-1998. Passed 6-2-98.)
1159.03 CRITERIA FOR A CONDITIONAL USE.
(a) 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:
(b) 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.
(c) 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.
(d) The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
(e) 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. 50-1998. Passed 6-2-98.)
1159.04 GENERAL USE REGULATIONS.
(a) 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 in Sections 1159.05 and 1159.06 which follow.
(b) 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.
(c) 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.
(d) 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.
(e) When a proposed wireless telecommunications facility is to include a new tower, a plot plan at scale of not less than one 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.
(f) 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.
(g) Security fencing ten 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.
(h) The following buffer planting may be required around the perimeter of the security fence as deemed appropriate by the Building Commissioner:
(1) An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted five feet on center maximum.
(2) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(i) 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.
(j) 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.
(k) No advertising is permitted anywhere on the facility, with the exception of identification signs.
(l) 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.
(m) "No Trespassing" signs, four feet by four 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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.
(r) 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.
(s) 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.
(t) The facility owner/operator shall present a maintenance plan in which they will be responsible for the upkeep of the site.
(u) 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.
(v) 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. 50-1998. Passed 6-2-98.)
1159.05 NONRESIDENTIAL USE REGULATIONS (U11a, U11b).
(a) Wireless telecommunications facilities proposed for the following zoning districts - industrial, commercial and institutional - are subject to the following conditions.
(b) Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:
(1) The minimum lot size is three acres, and 200 feet of minimum lot width.
(2) 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 feet from the same.
(3) 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 feet.
(4) The maximum size of the equipment shelter shall be 300 square feet.
(c) Combined With Another Use. A wireless telecommunications facility is permitted on a property with an existing use, subject to the following requirements:
(1) 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.
(2) 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.
(3) 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.
(4) Access for service to the equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.
(5) 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 feet.
(6) The maximum size of the equipment shelter shall be 300 square feet.
(d) 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:
(1) 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.
(2) 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:
A. The minimum setback requirements for the subject zoning district.
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. 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. 50-1998. Passed 6-2-98.)
1159.06 RESIDENTIAL USE REGULATIONS (U1, U2, U3, U4, U4d, U8).
(a) Wireless telecommunications facilities that include towers are not permitted in single-family or two-family residential districts with the exception of the selected conditional uses outlined in subsections (c) and (d) below (e.g. U8 Special Uses), 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 zone. 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 the following U8 Special Use designation: park, library, hospital, municipal or governmental building, facility or structure, agricultural use and utility use subject to the following conditions:
(1) The tower shall not be constructed on a property used for a school, day care, nursing home, church or place of public assembly.
(2) The tower shall be set back from any property line abutting a single family, two-family, or other residential lot by 350 feet.
(3) 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 feet.
(4) The maximum size of the equipment shelter shall be 300 square feet.
(5) 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:
(1) 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.
(2) 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:
A. The minimum setback requirements for the subject zoning district.
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. 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:
(1) The tower shall be set back from any property line abutting a single family, two-family, or other residential lot by 350 feet.
(2) 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 feet.
(3) The maximum size of the equipment shelter shall be 300 square feet.
(4) Vehicular access to the tower and equipment shelter shall whenever feasible, be provided along the circulation driveways of the existing use.
(5) 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:
(1) The maximum height of the antenna shall be ten feet.
(2) 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:
A. The minimum setback requirements for the subject zoning district.
C. Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.
D. 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. 50-1998. Passed 6-2-98.)
1161.01 PURPOSE AND INTENT.
The specific purpose and intent of these regulations is to regulate buildings, structures, uses, and related soil disturbing activities within riparian setback areas that would impair the ability of these areas to:
(a) Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.
(b) Assist in stabilizing the banks of designated watercourses to reduce woody debris from fallen or damaged trees, stream bank erosion, and the downstream transport of sediments eroded from such watercourse banks.
(c) Reduce pollutants in designated watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in such watercourses.
(d) Reduce pollutants in designated watercourses by filtering, settling, and transforming pollutants in runoff before they enter such watercourses.
(e) Provide designated watercourse habitats with shade and food.
(f) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(g) Provide riparian habitat with a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(h) Minimize encroachment on designated watercourses and limiting the potential need for invasive measures that may otherwise be necessary to protect buildings, structures, and uses as well as to reduce the damage to real property and threats to public health and safety within the affected watershed.
(i) Preserve and conserve the quality and free flowing condition of designated watercourses in the interest of promoting and protecting public health and safety.
These regulations have been enacted to protect and enhance the functions of riparian areas by providing reasonable controls governing buildings, structures, uses, and related soil disturbing activities within a riparian setback along designated watercourses in the City. Due to the importance of functioning riparian areas, it is the intent and purpose of these regulations that minimum riparian setbacks be given preference over minimum front, side, and rear yard setbacks, in consideration of an appeal for a variance by the Board of Zoning Appeals.
1161.02 APPLICABILITY.
(a) These regulations shall apply to all zoning districts.
(b) The regulations set forth herein shall apply to all buildings, structures, uses, and related soil disturbing activities on a lot containing a designated watercourse, except as otherwise provided herein.
(c) The use of any building, structure or lot lawfully existing prior to the effective date of these regulations may be continued, subject to the provisions of Chapter 1149, Nonconforming Uses.
(d) The repair, maintenance, restoration of a building, or uses lawfully existing prior to the effective date of these regulations may be continued or completed, subject to the provisions of Chapter 1149, Nonconforming Uses.
(e) A use and occupancy certificate or other zoning certificate shall be issued for any building, structure, use, or related soil disturbing activities on a lot containing, wholly or partly, a designated watercourse except in conformity with the regulations set forth herein.
(f) These regulations shall only apply when a riparian setback, as determined by these regulations, is proposed to be impacted.
1161.03 DEFINITIONS.
For the purpose of these regulations, the following terms shall have the meanings as provided herein.
“Damaged or Diseased Trees” – trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a building or structure.
“Designated Watercourse” – a river or stream within the City that is in conformity with the criteria set forth in this Chapter.
“Federal Emergency Management Agency (FEMA)” – the agency with overall responsibility for administering the National Flood Insurance Program.
“Impervious Cover” – any paved, hardened or structural surface regardless of its composition including (but not limited to) buildings, roads, driveways, parking lots, loading/unloading spaces, decks, patios, and swimming pools.
“Land Development Activity” – any change to the surface area of a lot including (but not limited to) clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, cut and fill, construction of buildings or structures, paving, and any other installation of impervious cover.
“Ohio Environmental Protection Agency” – the governmental agency referred to herein as the Ohio EPA.
“One Hundred Year Floodplain” - any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. The one hundred year floodplain shall be identified by the FEMA maps of the City.
“Ordinary High Water Mark” – the point of the bank to which the presence and action of surface water is so continuous as to leave an area marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
“Riparian Area” – naturally vegetated land adjacent to designated watercourses that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants or performs other functions consistent with the purposes of these regulations.
“Riparian Setback” – the real property adjacent to a designated watercourse located within the area defined by the criteria set forth in this Chapter.
“Soil and Water Conservation District (CSWCD) – the Cuyahoga County, Ohio Soil and Water Conservation District, organized under Chapter 1515 of the Ohio Revised Code, including the Board of Supervisors and its designated employees.
“Soil Disturbing Activity” – clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or human made groundcover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
“Utility Service Lines” – public or private lines servicing septic systems, sanitary sewers, storm sewers, water, electricity, natural gas, telephone, cable television and other digital transmissions, and other utilities on individual lots as well as public and private lines servicing utilities to more than one lot.
“Waste Water Treatment Plant (WWTP)” – a facility at the end of a sanitary collection system, which processes the influent waste and discharges water to a receiving stream, treated to the standards of the Ohio EPA.
“Watercourse” – any brook, channel, creek, river, or stream having banks, a defined bed, and definite direction of flow, either continuously or intermittently flowing.
“Wetland” – those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
1161.04 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.
(a) A designated watercourse shall include one or more of the following criteria:
(1) All watercourses draining an area equal to or greater than one-half (0.5) square mile, or
(2) All watercourses draining an area less than one-half (0.5) square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Building Commissioner may consult with representatives of the CSWCD or other technical experts.
(b) Riparian setbacks on designated watercourses shall be established as follows:
(1) A minimum of one hundred twenty (120) feet on each side of all designated watercourses draining an area equal to or greater than twenty (20) square miles.
(2) A minimum of seventy-five (75) feet on each side of all designated watercourses draining an area equal to or greater than one-half (0.5) square mile and up to 20 square miles.
(3) A minimum of 25 feet on each side of all designated watercourses draining an area less than one-half (0.5) square mile and having a defined bed and bank as determined in these regulations.
(c) The following regulations shall apply to riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of a designated watercourse.
(2) Except as otherwise provided in this Chapter, riparian setbacks shall be preserved in their natural state.
(3) Where the one hundred year floodplain is wider than the minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the one hundred year floodplain as delineated on the flood hazard boundary map(s) for the affected area provided by FEMA.
(4) Where a wetland is wider than the minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the lot owner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under these regulations.
1161.05 RIPARIAN SETBACK MAP.
(a) The City may create a map identifying designated watercourses and their riparian setbacks. Said map is attached hereto and made a part of this regulation and is identified as EXHIBIT “A”. The riparian setback map may be utilized as a reference document by the Building Commissioner and the Board of Zoning Appeals in determining when the riparian setback applies.
(b) Nothing herein shall prevent the City from amending the riparian setback map from time to time as may be necessary.
(c) If any discrepancy is found between the riparian setback map and these regulations, or if any discrepancy is found between site conditions and these regulations, the criteria set forth in Section 1161.04 shall prevail.
1161.06 APPLICATIONS AND SITE PLAN.
(a) The owner shall be responsible for identifying riparian setbacks as required by these regulations and shall indicate such setbacks on a site plan submitted to the Building Commissioner. Two (2) copies of the site plan shall be submitted. In addition to the requirements set forth in this Planning and Zoning Code for a use and occupancy certificate or other zoning certificate, the owner shall provide the following information to the Building Commissioner:
(1) A site plan depicting, at a minimum, the following:
A. The boundaries of the lot with dimensions.
B. The location of all designated watercourses.
C. The limits, with dimensions, of the riparian setback.
D. The existing topography at intervals of two (2) feet.
E. The location and dimensions of any existing and proposed buildings, structures, uses, and related soil disturbing activities in relationship to all designated watercourses.
F. The description and location, with dimensions plus a calculation of the total area, of all land development activities, soil disturbance, and impervious cover.
G. If the lot included in the site plan is a part of a platted and recorded subdivision, the riparian setback, if any, shall be as shown on said plat.
(2) Such other supplementary information as may be required by the Building Commissioner or the Board of Zoning Appeals to ensure compliance with the provisions of these regulations. Such information may include, but is not limited to, the following:
A. A site plan prepared by a professional engineer, surveyor, soils scientist, landscape architect or such other qualified professional and shall be based upon a survey of the affected lot.
B. The description and depiction of all erosion and sedimentation controls plus all storm water management controls, including all temporary and permanent best management practices.
C. North arrow, scale, date, and stamp bearing the name and registration number of the professional consultant who prepared the plan shall be provided.
(b) The Building Commissioner, may, in reviewing the site plan, consult with the CSWCD or such other expert(s) retained by the City.
(c) If land development or soil disturbing activities will occur within fifty (50) feet of the outer boundary of the applicable riparian setback as specified in these regulations, then prior to the initiation of any land development or soil disturbing activities, the riparian setback shall be clearly delineated on the affected lot by the owner with construction fencing as shown on the site plan and shall be maintained on the lot until the completion of such development or disturbance activities. No zoning certificate shall be issued until the riparian setback delineation has been completed on the lot in accordance with the approved site plan.
1161.07 PERMITTED BUILDINGS, STRUCTURES, USES, AND RELATED SOIL DITURBING ACTIVITIES WITHIN A RIPARIAN SETBACK WITHOUT A ZONING CERTIFICATE.
Only the following buildings, structures, uses, and related soil disturbing activities may be permitted within a riparian setback without a zoning certificate.
(a) Recreational Activities: Fishing, hunting, picnicking, picnic tables, picnic shelters, and wildlife observation areas; trails, walkways, and paths for non-motorized vehicles constructed of pervious materials.
(b) Removal of Damaged or Diseased Trees: Damaged or diseased trees and other associated debris may be removed.
(c) Maintenance and Repairs: Maintenance and repair on buildings, structures, roads, driveways, bridges, culverts, trails, walkways, paths, wastewater treatment plans and appurtenances, storm sewers, and all other buildings, structures, and uses lawfully existing at the time of passage of this regulation, as covered by Chapter 1149, Nonconforming Uses, or permitted in the riparian setback under this regulation or through the granting of a variance.
(d) Maintenance and cultivation of lawns, and landscaping: The maintenance of existing, and the cultivation of new lawns, landscaping, shrubbery, and trees.
(e) On-site waste water treatment plants: On-site waste water treatment plans subject to the regulations enforced by the Cuyahoga County General Health District or the Ohio EPA.
(f) Revegetation and/or reforestation: The revegetation and/or reforestation of the riparian setback so long as species of shrubs and vines recommended by CSWCD for stabilizing flood prone areas along streams within the County of Cuyahoga are utilized.
1161.08 PERMITTED BUILDINGS, STRUCTURES, USES, AND RELATED SOIL DISTURBING ACTIVITIES WTIHIN A RIPARIAN SETBACK WITH A ZONING CERTIFICATE.
Only the following buildings, structures, uses, and related soil disturbing activities may be permitted within a riparian setback, subject to the approval of an application for a use and occupancy certificate by the Building Commissioner and in accordance with the following regulations and such other applicable regulations contained in this Planning and Zoning Code.
(a) Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted, subject to the other regulations contained in this Chapter and the regulations enforced by the CSWCD and the City Engineer. If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the Building Commissioner. Proof of compliance shall be the following:
(1) A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
(2) A copy of the authorization letter from the U.S. Army Corps of Engineers approving the activities under the applicable Nationwide Permit, or
(3) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(b) Streambank Stabilization Projects: Streambank stabilization projects along designated watercourses, subject to other regulations contained in this Chapter and the regulations enforced by the CSWCD. If streambank stabilization work is proposed below the ordinary high water mark of a designated watercourse, proof of compliance with the applicable conditions of U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall be provided to the Building Commissioner. Proof of compliance shall be the following:
(1) A site plan showing that any proposed crossing conforms to the general and special conditions of the Nationwide Permit 13, or
(2) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13, or
(3) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(c) Storm Water Retention and Detention Facilities: Storm water retention and detention facilities, provided:
(1) Storm water quality treatment consistent with current Ohio EPA and CSWCD regulations is incorporated into the storm water retention and detention facilities.
(2) Where the riparian setbacks are less than or equal to fifty (50) feet, the storm water detention and retention facilities may be located within the riparian setback.
(3) Where the riparian setbacks are greater than fifty (50) feet, storm water retention and detention facilities are located at least fifty (50) feet from the ordinary high water mark of the designated watercourse.
(d) Signs: Signs in accordance with this Planning and Zoning Code.
1161.09 BUILDINGS, STRUCTURES, USES, AND RELATED SOIL DISTURBING ACTIVITIES PROHIBITED WITHIN A RIPARIAN SETBACK.
Any building, structure, use, or related soil disturbing activity not permitted under this regulation shall be prohibited within a riparian setback. The following buildings, structures, uses, and related soil disturbing activities are specifically prohibited:
(a) Construction: There shall be no buildings, structures, uses, or related soil disturbing activities of any kind except as permitted under these regulations.
(b) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, loading/unloading spaces, or related soil disturbing activities.
(c) Roads and Driveways: There shall be no roads, driveways, or related soil disturbing activities except as permitted by this Chapter.
1161.10 INSPECTION OF RIPARIAN SETBACKS.
The City Engineer shall inspect the delineation of riparian setbacks.
(a) The owner shall notify the City Engineer and Building Commissioner at least seven (7) days prior to the initiation of any construction, land development or soil disturbing activities on a lot.
(b) The Building Commissioner and/or City Engineer, with prior notice and the authorization of the owner, may enter the affected lot from time to time to conduct on-site inspections to ensure compliance with these regulations.
1161.11 NONCONFORMING STRUCTURES OR USES IN THE RIPARIAN SETBACK.
(a) Structures and uses within the riparian setback existing at the time of passage of this chapter that are not permitted to be located within the riparian setback under this chapter may be continued but shall not be expanded except as set forth in this section.
(b) If a structure is damaged or destroyed, the structure may be repaired or restored within 6 months from the date of the damage or destruction in order to maintain a legal non- conforming status.
1163.01 PURPOSE AND INTENT.
This Chapter is enacted to provide for the controlled development of land which, by virtue of its location and unique characteristics, may be suitable for development using other than traditional zoning techniques. The Chapter is designed to foster development of property in accordance with the City's planning and development policies. It is the intent of this Chapter to provide an alternative to conventional single-family residential development, which will permit development of unique areas, taking special care to properly buffer and integrate the new development with surrounding land uses. The Chapter is enacted to provide for appropriate performance standards to ensure that development of such areas conforms to certain minimum requirements necessary for the protection of the public health, safety and welfare. Apart from the enactment of minimum standards, it is also the intent of this Chapter to facilitate high quality development of land, which enhances the appearance of neighborhoods, conserves green space, provides high quality construction and contributes to good urban design of the community.
1163.02 OBJECTIVES.
As a means of accomplishing the purpose and intent stated above, the objectives of these regulations are the following:
(a) To promote new residential development and redevelopment within the city, while assuring compatibility with existing land uses.
(b) To establish an appropriate density of housing for cluster single-family developments that is compatible with surrounding developments.
(c) Encourage developers to propose creative land use strategies with the purpose of providing quality development or redevelopment of unique parcels of land within the City in such a manner to complement surrounding land uses.
(d) Promote the continuing focus of residential construction within the City upon the single-family detached model of development in those areas approved for cluster single-family development. However, depending on existing unique physical conditions regarding property size, shape, topography and/or other design conditions, attached single family units in side-by-side configurations may be included subject to approval of the Commission and Council in accordance with Section 1163.11
(c)(1) herein.
(e) Promote efficient use of resources in the development or redevelopment of unique land within the city, including utilities, open space, traffic circulation, pollution control and the provision of municipal services.
(f) Promote development of varied housing styles and floor plan layouts where appropriate as one mechanism of achieving quality in-fill development in the City.
(g) Promote protection of the aesthetic and natural environment, especially where sensitive topographical features exist including floodplain, hillsides, and other unique features. Promote development in a manner which harmonizes the built environment with existing topographical features.
(h) Promote harmonious integration of new and in-fill development with surrounding land uses by ensuring compatibility with surrounding established residential areas.
(i) To protect and enhance the value of the existing housing stock which surrounds areas proposed for redevelopment.
(j) To promote development in a manner which minimizes traffic congestion.
(k) To promote new cluster single-family development of the highest design and construction quality.
1163.03 LOCATION.
Cluster single family developments may be permitted as a conditional use in the U-1 Single Family Zoning District in the City where the Council and Commission make specific findings of fact that the purposes and intent of these regulations will be served by attainment of specific design standards.
1163.04 PROCEDURE.
Upon meeting the purpose and intent, objectives, and location as stated in Sections 1163.01 through 1163.03, the applicant shall follow the procedures for (i) subdivision plat approval, in the event such project shall be considered to be a subdivision, (whereby five (5) or more new lots will be created and must be recorded in order to convey a fee simple interest to land and improvements thereon) as found in the Subdivision Regulations of the City, and (ii) site plan approval as found in this Planning and Zoning Code. The applicant shall also file an application for a conditional use permit for the proposed cluster single family development area in accordance with the provisions of Chapter 1123. The conditional use procedures as outlined in Chapter 1123 will be followed in addition to any and all other requirements as may be found herein.
1163.05 FINAL PLAN OF DEVELOPMENT AREA.
(a) The developer of any parcel or parcels of land for which a conditional use permit has been approved by Council shall submit a final plan of the development area to the Commission.
(b) The final plan of the development area shall contain and be accompanied by the following:
(1) A site plan, including area in square feet or acres, property lines, all proposed uses, parking areas and drives, the proposed public and private street system with rights-of-way and easements, and the use of all land including common and private land;
(2) Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, parking areas and drives, storm water management, and all other site features of the development area or that portion of the development to be developed, designed in accordance with the applicable municipal codes;
(3) A finished grading plan;
(4) A detailed site and building area landscape plan; and
(5) The final form of covenants running with the land, deed restrictions, including the use of common land, covenants, restrictions or easements to be recorded, homeowners' association articles of incorporation and bylaws.
(c) The Commission may require additional drawings or data to supplement the above when more information is needed or special conditions occur.
1163.06 CONDITIONS FOR APPROVAL BY COMMISSION.
If the Commission finds that a proposed final plan of a development area is in accordance with and represents a detailed expansion of a site plan heretofore approved by Commission and Council, the Commission shall then recommend approval of such final plan and the Council shall after review, affirming compliance with the Subdivision Regulations and the Zoning Code approve the final plan.
1163.07 BUILDING PERMITS.
Following the approval of improvement plans and the installation thereof in accordance with such approved plans and payment of all required fees, posting of all deposits, and issuance of all required insurance policies, title insurance policies, and proof of approval of tie in to City of Cleveland, Department of Public Utilities Water System and the NEORSD sanitary sewer service.
1163.08 PROGRESSIVE DEVELOPMENT.
(a) A developer, having obtained final approval of any preliminary plan of a development area, may accomplish the development in progressive stages as may be approved by the Commission.
(b) When the final plan of the development area provides for partial development of the total area for which a preliminary plan has been approved, the Commission may require detailed plans for all improvements in the development area to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
1163.09 AMENDMENT TO PLANS.
At any time after the approval of a preliminary plan or a final plan of a development area, the owner or owners may request an amendment of their plans. The request for such amendment shall be filed with the Commission and one copy filed with the Clerk of Council. If such amendment is in substantial agreement with the approval of a preliminary or final plan, it shall be processed by the Commission. Should such amendment represent a departure from the intent of a prior approval, such amendment shall then be subject to the same procedure and conditions as the original application.
1163.10 APPLICABILITY OF SUBDIVISION REGULATIONS.
Land being planned for development as a Cluster Development in accordance with this chapter shall be subject to all provisions of this Planning and Zoning Code applicable to the U-1 Zoning District, unless otherwise specified herein, and shall be subject to all provisions of the Subdivision Regulations when applicable. Cluster Development may be developed using condominium development or by conveying fee simple title to the dwelling unit and land underlying the house and any land surrounding the dwelling unit in conformity with the Planning and Zoning Code.
1163.11 DESIGN/CONSTRUCTION STANDARDS.
Any Cluster Single-Family Development shall comply with the following design and construction standards and criteria to ensure attainment of the purpose and intent of this chapter.
(a) Size of Development Area. A development area shall not be less than three acres or more than twenty acres unless approved by the Commission and Council.
(b) Development Area Density. The maximum density of any Single-Family Cluster Development shall not exceed 3.6 dwelling units per acre for the total development area, without deducting any area for roadways in such calculation. In the event that such calculation will result in a fractional number, the maximum density shall be reduced to the next lowest whole number.
(c) Permitted Buildings and Uses. Buildings and land shall be used, and buildings shall be erected, altered and maintained only in accordance with the following:
(1) Main dwelling and uses. One-family detached dwelling units. Attached single-family units in side-by-side configurations of a maximum of two units may constitute up to twenty-five percent of total allowable units.
(2) Ancillary uses. Off-street parking and recreation facilities and passive common areas serving the residents of the cluster single family development.
(d) Land Planning Criteria. The following planning criteria are established to guide and control the planning, development and use of land in cluster single-family development.
(1) Building arrangements. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space and landscape features within the guidelines established herein. Uses shall be arranged with open spaces so as to provide a unified composition of buildings and space. Although latitude in design is provided and encouraged, the following design conditions shall be achieved:
A. Adjacent properties shall be protected from loss of light, air and view considering the proximity and bulk or shape of a neighboring building.
B. Yards shall be arranged to provide the reasonable development of open land for landscaped features or other supporting uses.
C. The latitude in design shall also apply to the planning of landscape features, such as walls, fences, hedges and other features, to create a variety of common open space and private areas.
(2) Topography and site appearance. It is a requirement of this Chapter that developments shall be designed to take advantage of the topography of the land in order to utilize the natural contours, to economize in the construction of utilities, to reduce the amount of grading and to maximize the conservation of natural areas. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the arrangements of buildings, open spaces, site features, and storm water management.
(3) Restrictions/covenants. Development documents shall include the necessary covenants, restrictions and dedications to ensure complete development only in accordance with approved plans.
(4) Homeowners association. Development documents shall include provisions for a homeowners association to provide for performance of common duties of the property owners, including, but not limited to the maintenance of building design, streets, utilities, and common areas owned by the Association, which development documents shall be enforceable by the homeowners association, of which every home owner shall be a member, and enforceable by the City. No amendments shall be made to such documents without the consent of the City to the extent required by the City Law Director.
(e) Landscape Improvements.
(1) The proposed single family cluster development shall include extensive landscaping surrounding each dwelling unit, in common areas, along streets, and along the perimeter of the development. Existing landscape features shall be preserved to the greatest extent possible and shall be supplemented with material proven suitable to enhance the natural environment. Close attention shall be directed to perimeter landscaping so as to provide a high quality integration of the proposed development with surrounding land uses.
(2) Significant landscape buffering is required to meet the intent of this section. Perimeter landscaping may include fencing and/or masonry walls if required by the Commission. Close attention shall also be directed to the provision of landscape features in common areas, along roadways and throughout the proposed development so as to provide for an interesting and varied environment. All open yard areas shall be covered with a designed irrigation system.
(f) Traffic Circulation. The proposed development shall include a traffic circulation pattern that maximizes vehicular efficiency into, out and throughout the development in a manner that also provides for safe pedestrian movement. Special attention shall be given to the impact of the proposed development upon existing traffic patterns in the area immediately surrounding the proposed development. When necessary, additional traffic control features such as turn lanes and other control devices shall be provided to minimize the impact of the development upon surrounding traffic patterns.
(g) Pedestrian Circulation. The proposed development shall include adequate means of pedestrian movement to and from dwelling units, parking areas and common open space. Pedestrian circulation shall include sidewalks on at least one side of the street at a minimum. Sidewalks shall be constructed of concrete and shall be five feet in width.
(h) Utilities. Utility services include gas, water, electricity, cable television, refuse disposal, storm sewers, sanitary sewers and the like. Said utilities shall be constructed underground. Proper landscape and/or structural screening shall be provided for all above ground elements so as to minimize any negative visual or audible impacts associated with such utilities.
(i) Private Outdoor Space. Each dwelling unit shall be designed to include a private outdoor space which shall be designed and located to maximize its utility and privacy to the unit it serves and in relation to adjacent units.
(j) Spatial Placement.
(1) The placement of units, parking areas, recreational and open space amenities shall be so arranged as to maximize the beneficial use of space within the physical constraints of the land. Consideration shall be given to visual and acoustic privacy and the provision of sufficient light and air.
(2) Dwelling units may be arranged in groups, courts, sequences or clusters, as approved by the Commission consistent with the requirements of this Chapter.
(k) Streets and Separations. Buildings within a cluster single-family development shall be located as follows:
(1) Front building setback. The front building setback shall be not less than 25 feet from the nearest edge of the street pavement.
(2) Building setback from side street (corner lot). The building setback on a corner lot shall be not less than 25 feet from the nearest edge of street or sidewalk pavement.
(3) Building separation. In applying the following distances to a proposed development, the distances between units shall be measured from unit to unit but shall include in such measurement any patio, deck, or similar attachment to a unit. In other words, said measurements shall be taken from any such attachment or proposed attachment. Any such attachment will not be allowed if it encroaches into the required distances of separation stated below:
A. Side. Not less than 10 feet between detached cluster units and 15 feet between attached units.
B. Rear. Not less than 40 feet between adjacent cluster units.
C. Rear to side. Not less than 30 feet between adjacent units.
(l) Building Setback from Development Area Boundary (Property Line). The following are required setbacks from the development area boundary (property line):
(1) Side. Note less than 40 feet from boundary line (property line).
(2) Rear. Not less than 50 feet from boundary line (property line).
(3) Front. Not less than 40 feet from the right-of-way of any public street.
(m) Lighting. The proposed development shall include a detailed lighting plan to set forth any exterior lighting for traffic circulation areas, utilities areas, open space, recreational areas and within private spaces in the interior of the development. Exterior lighting shall be installed only in accordance with an approved plan and shall be designed in such a manner so as to avoid lighting nuisances and in compliance with Section 1145.04
of this Planning and Zoning Code.
(n) Storm Water Management. The proposed development shall be designed in such a manner as to minimize the effects of storm water drainage upon surrounding properties. Adequate provision shall be made for on-site storage of storm water in order to prevent an excessive rate of storm water flow to surrounding properties, as approved by the City Engineer.
(o) Minimum Interior Floor Area. Each dwelling unit shall consist of a minimum of one thousand five hundred (1,500) square feet of floor area to inside face of outside walls, exclusive of basements, attics and garages. Dwelling units shall have two means of exterior entry; and units shall not be arranged one above the other.
(p) Visual Streetscape. A well-balanced landscape/streetscape shall be attained throughout addressing buildings and the entire development area in a common unified theme.
(q) Signage. All signage proposed for the development shall reflect the cluster area design theme as approved by the Commission.
(r) Street Improvements. All private and public streets shall be improved to public street standards, except that the minimum pavement width may be reduced to 22 feet. However, streets shall be widened to full width at junctures with off-site streets or when full width streets are determined to be necessary by the Commission and City Engineer.
(s) Parking. Parking shall be in accordance with the requirements of Chapter 1157, except as noted below:
(1) Space for three (3) off-street parking spaces shall be provided for each dwelling unit, two (2) of which must be enclosed in a private garage. Driveways serving individual dwelling units shall be a minimum eighteen (18) feet in width.
(2) One additional off-street parking space is required for every four (4) units. Said additional off-street parking shall be located as approved by the Commission.
(3) One off-street parking space shall be provided for every 500 square feet of a recreation facility building. The location shall be approved by the Commission.
(t) Future Modification. Future additions to private recreational amenities, common areas, patio areas, building additions or other changes to the physical characteristics of the cluster single family development shall be approved by the Commission.
1163.12 COMMON OPEN SPACE.
(a) Ownership and Maintenance. The land dedicated for common space purposes shall be owned by a homeowners association which shall be formed to accomplish the requirements such as maintenance of the common open space, streets and other common areas of the development. If maintenance of common open space is not performed adequately, the Mayor may, at his option, take action as will be authorized by the deed restrictions for the single family cluster development to remedy the lack of maintenance, or other non-compliance with such association documents, including the recovery of costs and attorneys’ fees to the fullest extent permitted under Ohio law and the association documents. Individual owners within the development shall remain ultimately liable for ownership and maintenance of the common open space.
(b) Deed Restrictions. Deed restrictions are required for the maintenance of such common open space and shall be effective prior to obtaining final plat or final development plan approval. All deed restrictions must be in a form satisfactory to the Law Director, the Commission and Council, to the end that the intent of such restrictions shall specifically provide for the performance of maintenance by the City or the incurring of attorney's fees and other costs and expenses if the City elects to file an action at law or in equity to compel the performance of such maintenance. In addition to the above, such deed restrictions shall also ensure that the following other conditions are met:
(1) The common open space area will not be further subdivided in the future;
(2) The use of the common space will continue in perpetuity for the purpose specified; and
(3) Common undeveloped open space shall not be used for any other purpose.
Termination of said deed restrictions may be achieved by agreement of all title holders and Council, provided a satisfactory method of holding open spaces in common has been provided.
(c) Open Space Uses. Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, swimming pools, pavilions or other active or passive recreational use approved as a part of the preliminary/final development plan.
1163.13 CONFLICTS.
In the case of a conflict between the provisions of this Chapter and other provisions of the Planning and Zoning Code, the most restrictive provisions will apply unless specifically preempted by the language or intent specified in this Chapter or unless otherwise waived by Commission.
1163.14 DESIGN CRITERIA.
In addition to the requirement of this Chapter, single family developments and dwellings contained therein shall be designed and sited according to the criteria established below:
(a) Unity in groups of single family cluster dwellings shall be created through use of common architectural and design elements such as color, building mass, roof lines, facade treatment, color, landscaping, setbacks and related features, However, these same elements shall also be used to prevent uniformity in design elements within a cluster.
(b) Visual monotony created by excessive block lengths shall be avoided.
(c) Architectural and/or landscape elements that provide a logical transition to adjoining uses shall be provided.
(d) Where practical, existing landscape features shall be incorporated into the design of clusters. Where these existing features are not available, landscape design shall be used to create interesting and varied streetscapes and living areas.
(e) Visual access shall be provided for drivers backing from garages or driveways into the adjacent street. On corner lots, buildings, landscaping and appurtenances shall be situated and set back to provide unobstructed visual clearance at intersections.
(f) Cluster units and adjacent open space networks shall be designed to provide views of the open space from the street.
(g) Cluster units shall be designed with consideration for visual and acoustic privacy, adequate light and air, and the relationship between indoor and outdoor spaces, whether private or common.
(h) Each cluster unit shall be designed to include private outdoor space. Private outdoor space shall be located and designed to maximize its utility and privacy to the unit it serves, especially in relation to adjacent units. Particular care must be given to outdoor privacy when two-story cluster units are used. Private open space shall be provided at the minimum rate of 100 square feet per cluster dwelling unit.
(i) In addition to its other uses, landscaping shall also be used to lessen the intrusion of appurtenances such as transformer housings, cable pedestals, condensers, heat pumps, mailboxes and related items. Fire hydrants shall be located to be visually prominent.
(j) Garages shall be designed and located so that they are not the dominant visual element of the building or streetscape. All attached garages shall comply with one of the following:
(1) The garage door shall be set back a minimum of two feet further from the primary access street, whether public or private, than the front wall of the main living area, or
(2) The garage door shall be oriented perpendicular, or mainly perpendicular, to the access street.
All attached garages shall be fully integrated into the building mass.
(k) Doorways shall be defined and articulated with architectural elements such as lintels, pediments, porches or overhangs. Doorways shall be compatible with the building as a whole and with the doors themselves.
(l) The common open space shall be designed according to the criteria established below:
(1) Open space shall be available and accessible to all residents of the single family cluster development, and shall be designed primarily for their use. Common open space shall be exclusive of all streets, non-recreational buildings and individually-owned land. Each dwelling unit within the single family cluster development should be designed, to the extent possible, to abut common open space areas.
(2) In order to insure that all portions of the open space network are useful for that purpose, no portion of the common open space shall have a dimension of less than fifty feet, subject to modification by the Commission for smaller sections which are particularly well-designed and meet the objectives of this Chapter 1163.
(3) Significant natural amenities, such as outcroppings, tree stands, ponds, ravines and stream channels should be left in their natural state and considered part of the required open space, subject to these standards.
(4) Public open space and the adjacent circulation system should be designed to limit through traffic on local streets. Public open space which is to be developed as a major activity center such as a swimming pool or recreation center should be located on a thoroughfare designed to accommodate the resulting trip desires and traffic volumes.
(5) Common open space shall be designed as a network of spaces offering pedestrian access throughout the subdivision and to maximize the number of homes which are adjacent to the open space. Common open spaces shall also include street frontage, particularly in cluster areas, to relieve the streetscape and to allow views into the open areas from the street.
(6) Storm water detention areas may receive full credit towards any open space requirement in 1163.14(h) if they are designed and improved for an appropriate open space or recreation use (such as a lake or play-field) in addition to storm-water detention; single purpose detention basins shall be excluded from the minimum open space requirement.
(m) When the single family cluster development is improved in phases, open space in each phase shall meet the minimum percentage required for each phase, counting all other phases already developed and the open space already conveyed to the homeowners association.
1163.15 PUBLIC OR PRIVATE STREETS.
Except as otherwise specified in this Chapter, all improvements shall be designed and constructed according to the requirements of the Subdivision Regulations. Each single family cluster unit shall have access to a public street or to a private street constructed to public street standards, when approved by the Commission.
1167.01 PURPOSE.
The purpose of this chapter is to establish procedures for site plan review as well as provide general site design and planning guidelines. These site planning guidelines are intended to insure that all elements required in this chapter are present in a site plan and that their design, location and relationship to one another, to the site and to adjacent properties are appropriate to achieve the intent and goals of this chapter. The site planning guidelines are intended to guide the site plan review process to make sure that significant design elements shall be considered in future development.
1167.02 SITE PLAN REVIEW.
(a) The Commission shall conduct a site plan review for the following types of projects and developments:
(1) New construction of all uses within the U-3, U-4, U-4d and U-8 Districts, and their accessory or subordinate uses.
(2) Conversion of an existing structure to another use within the U-3, U-4, U- 4d, and U-8 Districts and except for single family or two (2) family uses, projects that are contemplated in addition or expansion which have any of the following effects:
A. Increase the floor area by fifteen percent (15%) or more of the existing floor area.
B. Alterations or re-arrangement of on-site parking which results in a reduction or increase in the number of parking spaces or placement within a required front yard.
C. Alteration of traffic flow by way of ingress and egress, or within the site itself.
D. Construction of public or private off-street parking areas where permitted in this Zoning Ordinance.
(3) Site plan amendment.
A. Any approved site plan may be amended by request of the applicant for site plan amendment.
B. Alterations or re-arrangement of on-site parking which results in a reduction or increase in the number of parking spaces or placement within a required front yard.
(b) No development or change of use described in Section 1167.02 shall be permitted until the site plan has been reviewed and approved by the Commission, and in the case of U-11 uses by Council, and they determine that the plan is consistent with the purposes and requirements of this Planning and Zoning Code, and that the requirements of this chapter have been satisfied.
1167.03 SITE PLAN APPLICATION.
All projects described in Section 1167.02 shall necessitate the filing of an application for site plan review with the Building Commissioner, who shall determine the completeness of the application as per this section. If the application is not complete, the Zoning Inspector shall not accept the application and shall inform the applicant of the application’s inadequacies. No application shall be accepted until all fees are paid, which shall be in an amount established by separate ordinance by the City for each one thousand (1,000) square fee of gross floor area involved in the project.
1167.04 SITE PLAN REQUIREMENTS.
(a) The application for site plan review (in the case of U-11 uses the preliminary site plan) shall include the following items:
(1) Application form completed.
(2) Architectural plans (three (3) copies), showing exterior elevations and floor plans. If exterior elevations are not available, reasonable graphic representations may be submitted.
(3) The site plan drawings (fourteen (14) copies), showing the following items:
A. General vicinity map.
B. Property boundary lines and adjacent streets.
C. Elevation contours.
D. Traffic, circulation plan.
E. Parking and loading plan.
F. Landscaping plan.
G. Existing structures.
H. Proposed signage.
I. Utilities plan.
J. Grading, sedimentation and erosion control plan.
(b) All site plan drawings shall be prepared by a professional engineer, architect or surveyor, and shall have their seal on the plans.
(c) The site plan shall show provisions for control of erosion, sedimentation and storm water. The goal of these provisions are to prevent sediment from leaving the site and to allow no increase in storm water runoff. The CSWCD, soil scientists, or other competent agencies shall review the site plan. When planning and applying these provisions the following principles will be followed:
(1) Control sediment with silt fence and siltation basins. The basins will be designated and installed before the construction begins so that all of the surface water from exposed areas passes through these basins. Silt fencing will be installed as needed. The basins will be designated in accordance with the CSWCD specifications.
(2) The basins will be cleaned out as needed to maintain adequate retention time.
(3) Temporary seedings will be done to all areas when construction continues through or is not completed before the winter season. Seeding will be completed before October 1.
(4) At construction completion, storm water retention basins will be established by conversion of sediment basins or other means. Storm water retention practices will be designed so that post construction runoff is the same as pre-construction runoff. No after construction increase in amount of peak flow will be allowed.
(5) Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters, from land undergoing development, etc.
(6) Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(7) The permanent final vegetation and structures shall be installed as soon as practical in the development, use restoration, or rehabilitation.
(8) The development, extraction or use plan shall be fitted to the topography and soils so as to create the least erosion potential.
(9) Wherever feasible, natural vegetation should be retained and protected.
(d) Waste Disposal Plans.
(1) Site plans shall show location and screening/fencing materials for outdoor refuse collection areas which shall be screened and fences on at least three (3) sides and shall show adequate ingress and egress for trucks to haul refuse away.
(2) Site plans shall be accompanied by a statement for industrial uses of how hazardous wastes will be handled including a statement that no poisonous or hazardous wastes will be discharged into the sanitary sewer or storm sewer, other than EPA acceptable levels.
(e) Site plans shall show that the relationship between buildings, open spaces, roads, drives, and parking areas are located and related so as to minimize the possibility of adverse impacts upon adjacent development.
(f) A list of property owners within two hundred fifty (250) feet of the property lines of the subject property, as they appear on the County Auditor’s current tax list.
(g) Copies of current tax maps for subject and above properties shall be submitted.
(h) The proposed development shall conform to all applicable subdivision regulations.
(i) In the case of U-11 uses, the final site plan requirements shall include the following:
(1) Plan requirements.
A. Site Plan: All items submitted for preliminary site plan approval with modifications as required.
B. Utility Plans: Detailed drawings of all required utilities, including water, sewer and underground electric and telephone systems.
C. Fire Protection Plan: Water mains, hydrants and other appurtenances.
D. Landscape Plan: Landscaping, buffers, draining and grading, and final storm water management plans required by the CSWCD
E. Miscellaneous: Construction schedule and disposition program and any other information specifically required by the Commission.
(2) Submittal of Plans.
A. Presentation of final plan shall be made to the Commission.
B. Commission shall submit plans to the appropriate departments within the City for their comment including, fire, police, service, engineering, building and legal.
C. When preliminary site plan approval is granted in two (2) or more phases, the final site plan shall be submitted separately for each phase prior to the scheduled construction.
(3) Approval of plans.
A. If the final site plan is not acceptable to the Commission, based on the requirements and intent of this Planning and Zoning Code, the revised final plans shall be submitted.
B. When the final site plan is acceptable to Commission, it shall be submitted to the Council without modification who shall have final approval authority for all uses within the U-11 District.
1167.05 ENVIRONMENTAL ASSESSMENT REPORT.
(a) In concert with enhancing and preserving environmental quality, environmental assessment reports shall be filed for projects requiring Site Plan Review.
It is the intent of the City that the protection and enhancement of the environment shall be given appropriate weight with social and economic consideration in public policy. In order to carry out the provisions of this section, it is the continuing responsibility of the City to use all practical means, consistent with other essential considerations, to improve and coordinate plans, facilities, programs and resources to the end that the City may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations.
(2) Assure for all residents safe, healthful, productive and aesthetically and culturally pleasing surroundings.
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences.
(4) Preserve important historic, cultural and natural aspects of our heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice.
(5) Achieve a balance between growth and resource use which will permit high standards of living and wide sharing of life’s amenities.
(6) Enhance the quality of renewable resources and approach the optimum attainable recycling of depletable resources.
(b) Required Information. Each environmental assessment report prepared in accordance with this Section 1167.05 shall include the following:
(1) A description of the proposed action;
(2) A description of the existing environmental setting;
(3) The favorable and adverse environmental impacts of the proposed action;
(4) The means and estimated costs necessary to minimize the adverse impacts;
(5) Identification of alternatives to the proposed action including their impact on the environment;
(6) Identification of any irreversible commitment of natural resources as a result of the proposed action;
(c) Review of Environmental Assessment Report. The environmental assessment report shall be presented to the Commission along with the site plan or proposal under consideration. Prior to any determination on the proposed project, the Commission shall review and consider the environmental assessment report together with any comments submitted by the administrative departments or others.
(d) Basis for Approval. The Commission shall not grant approval of any project or development unless it finds that the environmental impact of the project or development shall be in harmony with the City’s present development, and shall not have adverse effects on the physical or cultural environmental.
1167.06 ADMINISTRATIVE AND PLANNING REVIEW.
Once a complete application for site plan review or site plan amendment has been filed, the Zoning Inspector shall:
(a) Circulate copies of the site plan to:
(1) Planning Commission: five (5) copies;
(2) Planning Director: one (1) copy;
(3) Service Director: one (1) copy;
(4) County Sanitary Engineer: one (1) copy;
(5) City Engineer: one (1) copy;
(6) Police Chief: one (1) copy;
(7) Fire Chief: one (1) copy;
(8) Ward Council member: one (1) copy;
(9) File: one (1) copy;
(10) CSWCD: one copy; and such others as necessary for review and comments. The technical reports and recommendations shall be presented in writing at the next regular Commission meeting available after administrative review is completed. The Clerk of the Commission shall receive a copy of the site plan at the time the others are transmitted for informational purposes. Technical reviews shall be returned to the Secretary to the Commissioner within thirty (30) days from the date mailed unless the Secretary specifies a longer time period on the comment form.
(b) Arrange for a meeting with the applicant after comments and recommendations have been returned if there are any negative comments. Any necessary revisions should be made prior to the Commission meeting.
(c) Advise the Clerk of the Commission when site plan is ready for official review and provide copies of the administrative review reports and any other appropriate documents for the Commission meeting. Formal presentation of the site plan at this meeting shall be the basis for taking of action by the Commission.
(d) Notify applicant and other parties required to receive notice, fifteen (15) days prior to the Commission meeting in which the subject site plan will be removed.
1167.07 COMMISSION REVIEW.
The Commission shall then review the site plan to determine compliance with this Code and fulfillment of planning and design objectives. The Commission shall approve or disapprove within ninety (90) days of the date of the initial Commission meeting. If modifications are required, the applicant shall be notified of necessary modifications. The Commission shall have an additional thirty (30) days to approve or disapprove the site plan once the modifications have been resubmitted at the Planning Commission meeting. An extension of time may be taken if mutually agreed to in writing. In the case of U-11 uses, as hereinbefore set forth, preliminary site plan and final site plan approval shall be required from Council.
1167.08 NOTIFICATION OF ACTION.
(a) The Commission may seek expert advice or cause special studies to be made during the review time period and such costs shall be borne by the applicant, but shall not exceed two thousand five hundred dollars ($2,500.00) (except PUDs) which sum shall be deposited with the City at the request of the Commission.
(b) If approved, the applicant shall be notified in writing. Except in the case of U-11 uses, the Chairman of the Commission shall sign and date a copy of the approved site plan which shall become the official approved site plan. In the case of U-11 uses the Clerk of the City Council shall sign all approved site plans. From that date, the applicant shall have one (1) year to obtain a zoning permit from the Building Commissioner. Failure to obtain the permit within one (1) year, shall cause the approved site plan to be invalid and the applicant must re-apply in accordance with Section 1167.03 of this Zoning Ordinance. Each reapplication shall be accompanied by a fee as specified in Section 1167.03.
(c) If the plan is disapproved, the applicant shall be notified in writing. The plan may not be resubmitted to the Commission for one (1) year from the official decision, unless revisions are made to bring the site plan into conformance.
1167.09 CONFORMANCE TO SITE PLAN APPROVAL.
(a) Site plan approval may be revoked if proposed development has not been issued a zoning permit and is found to be violating the requirements of this Zoning Ordinance and/or any condition attached to site plan approval by the Commission.
(b) In order to revoke a site plan approval, the Commission shall schedule a hearing and notify the original applicant or project representatives twenty (20) days prior to the hearing by certified mail.
(c) In the event that the Commission decides to revoke approval the zoning permit shall be issued until the Commission certifies that the violation(s) has been corrected.
(d) Where such a violation involves a project where a zoning permit has been issued, the violation shall be treated as a violation to this Zoning Ordinance and be subject to penalty as specified in this Planning and Zoning Code.
1167.10 FINANCIAL GUARANTEES.
When required by the Commission, a cash bond or other financial guarantee acceptable to the Law Director shall be placed on deposit with the Finance Director of the City, prior to the Building Commissioner issuing a zoning permit in accordance with the approved site plan, to insure the improvements, such as landscaping, parking and sidewalks are installed in conformance with the approved site plan. The bond or guarantee shall equal the construction cost estimate of the improvements based on an estimate approved by the City Engineer, plus twenty percent (20%) of the estimate in lieu of increased costs, and shall be for a period not to exceed two (2) years and provide for the complete construction of the improvements within that period. Such performance bond or other financial guarantees shall be returned to the applicant only if and after the certificate of occupancy is issued to the applicant.
1167.11 DESIGN GUIDELINES.
The following guidelines are to be used by those involved in site planning and design to guide the site planning process and to serve as the Commission’s and Beautification Committee’s guidelines for judging appropriate site design features.
(a) Relationship to Adopted Plans and Policies.
(1) The site plan shall reflect all City plans and policies affecting the site, including neighborhood plans, key areas plans, master concept plans or previously adopted planned unit residential or planned commercial or industrial development plans.
(2) The site plan shall be consistent with the statement of intent for the zoning district in which it is located.
(b) Site Planning/Open Space.
(1) The natural topographic and landscape features of the site should be incorporated into the development wherever possible.
(2) Buildings and open spaces should be in proportion and scale with existing structures and spaces in the surrounding area.
(3) A site should not be so overcrowded as to cause unbalanced relationships of buildings to open space. Open space areas should not be unduly isolated from one another by unrelated physical obstructions such as buildings and paved vehicular areas, but rather, should be linked by open space corridors of reasonable width.
(4) When possible, natural separations should be created on the site by careful planning of streets and clustering of buildings using natural land features and open space for separation. Cul-de-sacs and loop streets, coupled with open spaces, should be used to achieve separation and create identity for sub-areas on the site.
(c) Building Design and Orientation.
(1) As dwelling unit intensities increase greater opportunities for privacy should be provided by utilizing fences or walls to enclose internal views.
(2) The primary living area of a dwelling for the primary activity area of a building should be oriented toward a natural site amenity where possible.
(3) Buildings should be sited in an orderly, nonrandom fashion. Excessively long, unbroken building facades should be avoided.
(4) Consideration should be given in the siting of mid and high rise buildings to the privacy of occupants of adjacent buildings.
(d) Stormwater Management Measures. The careful design of stormwater management measures shall be an integral part of the overall development planning process.
Stormwater runoff from the development should be handled, as much as possible through a natural system of roadside swales, grassed swales, grading control, terraces, drop structures, induced infiltration, porous pavements and detention/retention control. These should be designed as an integral part of the open space amenities or the parking and circulation system on the site.
(e) Circulation.
(1) Street network. Short loop streets, cul-de-sacs and residential streets should be used for access to low density residential land uses in order to provide a safer living environment and a stronger sense of neighborhood identity. Access to arterial streets should be limited, whenever possible, to high density residential and non-residential land uses.
(2) Street alignment.
A. A combination tangent/curve street network should be used to respect the existing natural features of a site, provide visual interest and create a more practical alignment for efficient site planning of building clusters.
B. Horizontal and vertical alignment of streets should be designed to minimize grading quantities. This includes working with the existing grade rather than against the grade to avoid excessive cut or fill.
Particular effort should be directed toward securing the flattest possible grade near intersections.
(3) Pedestrian circulation.
Residential Uses:
A. The complete separation of vehicular/pedestrian circulation should be achieved whenever possible.
B. Walkways which provide access to parking, trash disposal facilities, mailboxes, service areas and community facilities should be approximately four (4) feet in width. Common area paths designed to carry heavier pedestrian traffic should generally be five (5) to six (6) feet in width in order to accommodate two (2) pedestrian lanes or one (1) pedestrian lane and one (1) bicycle lane.
(4) Nonresidential uses.
A. Off-street parking area should be located within convenient walking distance to the use being served.
B. Handicapped parking should be as near as possible to the structure to avoid crossing parking aisleways.
C. Pedestrian and vehicular circulation should be separated as much as possible, either through crosswalk/pavement markings, signalization or complete grade separation.
D. Path and sidewalk crossings should be located where there is good sight along the road. Ideally, street crossings should occur at intersections.
(f) Parking Lots and Garages.
(1) When locating points of ingress and egress, consideration should be given to the location of existing access points, adjacent to and directly across the street from the site. Curb cuts should be shared by adjoining uses whenever possible.
(2) Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break-up the monotony of continuously paved areas.
(3) Drive-through establishments, such as banks, should be located to allow stacking space for peak hour operation and not restrict other parking lot circulation.
(4) Detached residential garages and carports should respect the location of adjacent garages and driveways and should be architecturally compatible with the principal structures on the site. When possible, garages should be incorporated as a screening element in the overall site plan and used to create private outdoor spaces and block objectionable views.
(g) Architectural Character, Continuity and Comparability. Unless otherwise required by the regulation set forth in Chapter 1129 the following guidelines shall apply:
(1) Development and infill development should be viewed as part of a cluster, block, neighborhood, or the entire community. Developments should be designed with the idea of being architecturally compatible with nearby structures or to screen incompatible elements of nearby development.
(2) Within the standards of the applicable zoning district, the height, scale and setback of each building should be compatible with existing or proposed adjoining buildings. Architectural style should not necessarily duplicate adjoining structures, but should be compatible in overall form, texture, color and rhythm.
(h) Architectural Style.
(1) The following is a checklist for evaluating architectural character and compatibility. The following elements should be considered in determining the architectural style or character of an area and whether a proposed development is compatible with surrounding uses.
A. Form (building footprint) – are the structures small or massive; rectangular or linear; close together or far apart.
B. Height – are the buildings primarily horizontal or vertical.
C. Building materials – what are the predominant materials used; are there several materials used or only one (1) or two (2).
D. Colors – what are the predominant colors used on the buildings; are many colors or only a few colors used.
E. Roof pitches – are the roofs sloped or flat; what specific roof types are used.
F. Window and door details – what is the arrangement, proportion and design details of windows and doors.
G. Complexity – are the building walls broken or unbroken; is the overall design simple or ornate.
H. Paved areas and service areas – where is the location of parking garages and service areas; what is the amount and location of paving on the site; is the front yard paved; how do buildings relate to streets.
I. Landscaping – what is the amount, location and type of landscaping and open space around the buildings and on the site.
J. Signs and street furniture – what types and number of signs and street furniture are provided; where are they located in relationship to structures.
(2) Consistency in architectural style should be provided within a development or an infill area.
(3) The architectural style should be carried out in as authentic manner as possible.
(4) Variety can be provided within a particular architectural style by subtly varying building form, setbacks, colors and materials.
(i) Climatic Considerations/Energy Conservation (Optional).
(1) Consideration should be given to both over and underheated periods of the year when determining building locations.
(2) To maximize the effect of solar radiation in winter months and maximize shade in the summer months.
A. Deciduous trees should be used for summer shade and winter warmth.
B. Active living spaces should be oriented to the south for winter warmth.
C. Building overhangs should be designed to shield the high summer sun and expose the area to the lower winter sun.
(3) Steeply pitched roofs should be used on the windward side to deflect wind and reduce the roof area affected by the winds.
(4) Bland walls, garages or storage uses should be used on north exposures.
(5) North entrances should be protected with earth mounds, evergreens and walls and fences.
(6) Natural ventilation with prevailing summer breezes should be allowed for whenever possible.
1169.01 INTENT.
Whereas the hillside areas of the City differ from the City's flatlands, hillsides necessitate different provisions for their development and their protection. The Hillside Protection Regulations are established to achieve, among others, the following objectives:
(a) To permit development on hillside areas while conserving and promoting the public health, safety, convenience and general welfare by minimizing water run-off and soil erosion problems incurred in adjustment of the topography to meet development needs;
(b) To use the best accepted design, landscape architecture, architecture and civil engineering to preserve, enhance and promote the existing and future appearance and resources of hillside areas;
(c) To preserve and enhance the natural beauty of the landscape by encouraging the maximum retention of natural topographic features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of the hillsides, trees and other natural plant formations and to retain the sense of identity and image that the hillside areas now impart to the City.
1169.02 DEFINITIONS.
(a) "Average percent slope."
Average percent slope "S" is computed by the formula:
S = (0.00229 I L)/A
where S = Average percent slope
I = Contour interval, in feet*
L = Summation of length of contours, in feet
A = Area in acres of parcel being considered
*Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten feet and a horizontal map scale of 1" : 200' or larger.
(b) "Cut" means a portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.
(c) "Earth moving" means any excavating, cutting or filling, or any stockpiling thereof.
(d) "Erosion" means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.
(e) "Excavating" means removing of soil or other materials by any means whatsoever from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.
(f) "Fill" means depositing of soil, rock or other materials by other than natural means.
(g) "Finish grade" means the final grade or elevation of the ground surface after grading is completed.
(h) "Grade" means the degree of rise or descent of a sloping surface.
(i) "Grading" means any excavating, cutting or filling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.
(j) "Hillside area" includes land in all zoning districts in the City with an average percent slope of twelve percent (12%) or greater.
(k) "Hillside control measures" means all of the planning work and control that is required and specified by this Chapter.
(l) "Impervious surface" means roads, buildings and structures as defined in this Part Eleven, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.
(m) "Natural ground surface" means the ground surface in its original state before any grading, excavation or filling.
(n) "Natural vegetation" means plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.
(o) "Owner or developer or builder" means an individual, firm, association, trust, syndicate, limited liability company, partnership, corporation or similar entity having sufficient proprietary interest to seek development of land and shall each have the same meaning for the purposes of this Planning and Zoning Code.
(p) "Run-off" means the part of precipitation which flows over land without filtering into the soil.
(q) "Undisturbed" means that portion of the parcel to be developed which will not be regraded, have any vegetation removed from or have any impervious surface constructed on or over as specified in this Chapter.
1169.03 PROCEDURES.
Upon the filing of a request for approval of a building permit, grade plan approval or subdivision, the Building Commissioner shall use the following procedures to determine whether the proposed action is governed by provisions of this Chapter and whether a hillside protection permit is required for a parcel or part of a parcel.
(a) The average percent slope shall be calculated and this information shall be supplied by the applicant at the time of filing of the application with the City.
(b) The application shall be reviewed by the City Engineer who shall then notify the Building Commissioner if a hillside protection permit is required.
(c) If a hillside protection permit is required, the owner/developer shall be required to include hillside control measures with grading, hydrological and landscaping plans as specified in Section 1169.04
. These plans shall be submitted to the City Engineer for approval.
(d) If it is determined by the Building Commissioner that the action is governed by these provisions, then a hillside protection permit shall be required before a building permit or subdivision permit is issued to the owner or developer by the City. A hillside protection permit shall be issued in phases as determined by the Building Commissioner and the City Engineer before the next phase permit will be issued.
(e) The Commission shall have the authority to request the owner to modify the hillside protection plans and preliminary plat plans in hillside areas to better meet the standards and control measures of this Chapter, to protect the health and welfare of the adjacent property owner and to protect the surrounding hillside and its natural topography.
(f) The Commission shall have the authority to modify or waive building setback requirements on a lot by lot basis. This authority shall be based on a greater concern for the protection of the surrounding hillside and its natural topography.
(g) The Commission shall have the authority to require the owner to place structures on the portion of the property to be developed that has a slope of less than twelve percent (12%) when this is feasible and possible within the confines of the area to be developed.
(h) The Commission shall approve hillside control measures, subdivision and building plans or preliminary plot plans for hillside areas if it finds based on the examination of the required studies, plans and improvements and upon the recommendations of the City Engineer that the proposed development is consistent with development policies and basic technical standards set forth in this Chapter provided, however, that the Commission may deny a permit if it is in the Commission's opinion that the proposed project is so designed or will be so located, constructed and maintained that the public health, safety and welfare will be endangered.
1169.04 REQUIRED HILLSIDE CONTROL MEASURES, STANDARDS AND PLANS.
The owner/developer shall comply with the following provisions:
(a) Pre-Construction Record. A video tape record shall be filed with the Building Commissioner prior to any building, grading or clearing activity on the parcel to be developed. This video tape record shall completely depict the pre-development condition of the parcel in sufficient detail to enable the Building Commissioner to evaluate compliance with these regulations during and following completion of construction activities under these regulations. The Building Commissioner shall have the authority to request additional video tape records of pre-development conditions of the parcel being developed to satisfy the intent of this section when in his opinion such additional records are required.
(b) Grading Plans. A grading plan shall be required for each lot in conformance with Section 1115.03
of the Subdivision Regulations and in addition shall show the natural topography of the total parcel to be developed, the location and size of all structures, the finish grade of all improvement locations and the dimensions, elevations and contours of any proposed earth moving and shall be submitted with each application for a hillside protection permit and shall show the following:
(1) A detailed topographic map. A contour map with two-foot integrals or suitable cross sections or profiles of areas where streets, driveways, buildings, utilities or grading construction is proposed shall be required.
(2) Road profiles. Profiles and cross sections of all significant changes in the cross slopes; the cross section to show proposed and natural grade at the centerline of the road, the right-of-way line and the proposed building setback lines shall be required.
(3) Special terrain notes. Notes and details of existing terrain shall be shown over the required topographic information.
(4) Material disposal. A description shall be included of methods to be employed in disposing of soil and other material removed, including the location of the disposal site.
(5) Timetable. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.
(c) Earth Moving Controls. The following minimum standards shall apply to earth moving:
(1) Minimum alterations. Earth moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas. With the exception of purely stockpiling or restoration efforts, substantial earth moving shall not be permitted.
(2) Erosion control. All earth moving shall create the lowest possible potential for airborne or waterborne transportation of soil.
(3) Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, including a compacted density of a least ninety-five percent (95%).
(4) Prompt completion. All earth moving shall be accomplished in the shortest practical period of time. In no event shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen days prior to the initiation of construction.
(5) Cut and fill. Cut and fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes steeper than 2:1; or where fill slope toes out within twelve feet horizontal of the top of an existing or planned cut slope.
(6) No unnecessary cuts and/or fills shall be allowed in order to create additional lots or building sites.
(d) Hydrological Controls. The following standards shall apply to hydrological controls:
(1) Natural channels. Natural drainageways shall be preserved to the maximum extent possible.
(2) Controlled run-off. Run-off from concentrated impervious surfaces shall be collected and transported in a pipe or other approved manner to a City storm sewer system if available, or if unavailable, to the bottom of a ravine in a safe, adequate and nonerosive manner. Where required by the City Engineer, or the CSWD, storm water retention facilities shall be installed.
(3) Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil, and the intercepted water shall be conveyed in a pipe or other approved manner to a City storm sewer system or to the bottom of a ravine or steep slope.
(4) Discharge point stabilization. Natural drainageways shall be established by means consistent with sound professional engineering practice, below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and in such manner as to dissipate the energy of the discharge.
(5) Early completion. The overall drainage system shall be completed and made operational at the earliest possible time during construction.
(6) Impact on adjacent property. Natural or usual flow of surface or subsurface water shall not be altered or obstructed in any way by grade changes that may adversely affect the property of another by either contributing to pooling or collection of waters, or to the concentration or intensification of surface water discharge. However, construction which might otherwise be prohibited hereinabove may be allowed if such waters are safely and adequately drained in a nonerosive manner by a pipe or other approved manner to a storm sewer or to a channel at the bottom of a ravine or steep slope.
(e) Hydrological Control Plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect, shall be submitted with each application for a hillside protection permit. This plan shall include the following:
(1) Hydrologic inventory. A reasonably detailed description of:
A. The direction of flow within the local drainage basin;
B. All natural drainage channels directed toward and away from the site within fifty feet of the perimeter of the site;
C. Other natural drainageways which may affect or be affected by the proposal; and
D. Any future realignment of the natural ravine channel.
(2) Special notations. Special notations shall be included highlighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow.
(3) Proposed facilities. The location of all surface and subsurface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning any active erosion occurring at the outlet of existing or proposed systems.
(f) Vegetation and Revegetation. The following standards shall apply to vegetation and revegetation:
(1) Schedule. The percent of each parcel to remain in an undisturbed state shall be determined by the average percent of slope within each parcel to be developed. The following schedule shall apply to development in hillside areas:
Average Percent (%) Slope of Parcel | Minimum Percent (%) of Parcel To Be Undisturbed |
12-18 |
65 |
19-24 |
73 |
25-30 |
81 |
31-35 |
89 |
36-100 |
97
|
(2) Smallest area. The smallest practical area of land shall be exposed in any given time during development. Such exposure shall be kept to as short a duration of time as practical.
(3) Temporary measures. Where required, temporary vegetation, mulch or other acceptable cover shall be used to protect areas exposed during development and to prevent airborne or waterborne transportation of soil.
(4) Revegetation. A mix of plantings (preferably native with adequate deep root systems) shall be used to landscape steep slope areas disturbed by earth moving and construction.
(g) Landscape Plan. A landscape plan, prepared or approved in writing by a professional registered landscape architect trained and experienced in both the characteristics of plant material and proper procedures for installation, shall be submitted with each application for a hillside protection permit. This plan shall include the following:
(1) Existing inventory. A site plan inventory describing the existing vegetation cover of the property and showing those areas where the vegetation will be removed as part of the proposed development.
(2) Revegetation. A site plan describing proposed revegetation of disturbed areas and specifying the materials to be used.
(3) Written description. A detailed description of any slope stabilization and revegetation methods, together with the rationale for selecting the plant materials and planting techniques to be used.
(h) Excluded Activities.
Landscaping. This chapter shall not be interpreted to prohibit normal landscape maintenance or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs, or the removal of diseased, dead or damaged trees. However, such activities shall be carried out to conformance with the standards of vegetation or revegetation of this Chapter.
1169.05 COMPLIANCE PROVISIONS.
The following provisions pertain to any construction or any earth moving activities permitted by the administration of this Chapter:
(a) Limited Obligation. Compliance with the procedures of this Chapter and the issuance of any related permits shall not be construed to impose any legal obligation upon the City or its elected or appointed officials.
(b) Civil Claims. Compliance with the procedures of this Chapter and the issuance of related permits shall not relieve the owner, developer or builder from civil liability claims by other property owners.
(c) Endorsement. Compliance with the procedures of this Chapter and the issuance of related permits do not imply approval of, the need for or the benefit or efficacy of the proposed construction; nor does it constitute any assertion that the proposed construction will not result in damage to the property in question or to adjoining property.
1169.06 ADMINISTRATION AND ENFORCEMENT.
(a) Additional Site Inspections. Additional site inspections shall be scheduled by the Building Commissioner or City Engineer during and upon completion of each phase of the hillside development. Construction activity shall be halted if it is found upon inspection that a situation exists or could result which endangers the health, safety or welfare of adjacent property owners.
(c) Relation To Other Laws. The provision of these Regulations shall supplement any and all laws of the State, ordinances of the City or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these Regulations. Whenever the requirements of any other lawfully adopted law, ordinance, regulation, resolution or rule, may also apply, the more restrictive or that imposing the higher standards shall govern.
1170.01 PURPOSE AND SCOPE.
(a) The purpose of this regulation is to establish technically feasible and economically reasonable stormwater management standards to achieve a level of stormwater quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the City of Garfield Heights:
(b) This regulation requires owners who develop or re-develop their property within the City of Garfield Heights to:
(1) Control stormwater runoff from their property and ensure that all Stormwater Control Measures (SCMs) are properly designed, constructed, and maintained.
(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.
(3) Control the volume, rate, and quality of stormwater runoff originating from their property so that surface water and groundwater are protected, and flooding and erosion potential are not increased.
(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.
(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.
(6) Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process.
(7) Reduce the expense of remedial projects needed to address problems caused by inadequate stormwater management.
(8) Maximize use of current Best Management Practices (BMPs) or Stormwater Control Practices (SCMs) that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize future expenses related to the maintenance and repair of stream crossings.
(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.
(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1170.01.
(d) Public entities, including the State of Ohio, Cuyahoga County, and the City of Garfield Heights shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.
(e) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(f) This regulation does not require a Comprehensive Stormwater Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the City Engineer Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1171 Erosion and Sediment Control. (Ord. 60-2023. Passed 8-14-23.)
1170.02 DEFINITIONS.
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) ACRE: A measurement of area equaling 43,560 square feet.
(b) AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
(c) BEST MANAGEMENT PRACTICES (BMPs): Also STORMWATER CONTROL MEASURE (SCMs). Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and nonstructural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA’s National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.
(d) CLEAN WATER ACT: Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96 483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(e) COMMUNITY: The City of Garfield Heights, its designated representatives, boards, or commissions.
(f) COMPREHENSIVE STORMWATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.
(g) CRITICAL STORM: A storm that is calculated by means determined by calculating the of the percentage increase in volume of runoff by a proposed development area for the one (1) year twenty-four (24) hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.
(h) DETENTION FACILITY: A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of stormwater leaving the facility by temporarily storing a portion of the storm water entering the facility.
(i) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(j) DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area.
(k) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(l) DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.
(m) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(n) EXTENDED CONVEYANCE: A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event.
(o) EXTENDED DETENTION FACILITY: A stormwater management practice control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the stormwater quality event over at least twenty-four (24) to forty-eight (48) hours, retarding flow and allowing pollutants to settle within the facility.
(p) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent (80%) coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have
(q) GRADING: The process in which the topography of the land is altered to a new slope.
(r) GREEN INFRASTRUCTURE: Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.
(s) HYDROLOGIC UNIT CODE: a cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
(t) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
(u) INFILTRATION CONTROL MEASURE: A stormwater control measure that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.
(v) LARGER COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(w) LOW IMPACT DEVELOPMENT: Low-impact development (LID) is a site design approach, which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID’s goal is to mimic natural hydrology and processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire stormwater. LID stormwater control measures (SCMs) are uniformly and strategically located throughout the site.
(x) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.
(y) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:
(1) Owned or operated by the federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including a special district under state law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into water resources; and
(2) Designed or used for collecting or conveying solely stormwater,
(3) Which is not a combined sewer, and
(4) Which is not a part of a publicly owned treatment works.
(z) National Pollutant Discharge Elimination System (NPDES): A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(aa) NONSTRUCTURAL STORMWATER MANAGEMENT PRACTICE OR NONSTRUCTURAL STORMWATER CONTROL MEASURE (SCM): Any technique that uses natural processes and features to prevent or reduce the discharge of pollutants to water resources and control stormwater volume and rate.
(bb) POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(cc) PRE-CONSTRUCTION MEETING: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.
(dd) PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(ee) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(ff) REDEVELOPMENT: A construction project on land that has been previously developed and where the new land use will not increase the runoff coefficient used to calculate the water quality volume. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project.
(gg) RIPARIAN AREA: Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(hh) RIPARIAN AND WETLAND SETBACK: The real property adjacent to a water resource on which soil disturbing activities are limited, all as defined by the requirements of Chapter 1181.
(ii) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(jj) SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
(kk) SEDIMENTATION: The deposition of sediment in water resources.
(ll) SITE OWNER/OPERATOR: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.
(mm) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.
(nn) STABILIZATION: The use of Best Management Practices or Stormwater Control Measures that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
(oo) STORMWATER OR STORM WATER: Defined at 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
(pp) STORMWATER CONTROL MEASURE (SCM): Also Best Management Practice (BMP). Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA’s National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.
(qq) STRUCTURAL STORM WATER MANAGEMENT PRACTICE OR STORMWATER CONTROL MEASURE (SCM): Any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.
(rr) SURFACE WATERS OF THE STATE: Also, Water Resource. Any streams, lakes, reservoirs, ponds, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(ss) TOTAL MAXIMUM DAILY LOAD: The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water body, or water body segment. A TMDL sets and allocates the maximum amount of pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standards.
(tt) WATER QUALITY VOLUME: “Water Quality Volume (WQv)” means the volume of stormwater runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur. The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture.
(Ord. 60-2023. Passed 8-14-23.)
1170.03 DISCLAIMER OF LIABILITY.
(a) Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.
(b) By approving a Comprehensive Stormwater Management Plan under this regulation, the City of Garfield Heights does not accept responsibility for the design, installation, and operation and maintenance of SCMs.
(Ord. 60-2023. Passed 8-14-23.)
1170.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance or requirements in the Construction General Permit, the most restrictive provisions, as determined
by the Building Commissioner, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be
affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Garfield Heights, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 60-2023. Passed 8-14-23.)
1170.05 DEVELOPMENT OF COMPREHENSIVE STORMWATER MANAGEMENT PLANS.
(a) This regulation requires that a Comprehensive Stormwater Management Plan be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1170.01(c) is proposed. A Comprehensive Stormwater Management Plan must be developed
and implemented for all commercial and industrial site development disturbing more than two-tenths (0.2) of an acre. The Building Commissioner and/or City Engineer may require a Comprehensive Stormwater Management Plan for any soil disturbing activity.
(b) The City of Garfield Heights shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City of Garfield Heights may consult with the Cuyahoga County SWCD, state agencies, private engineers, stormwater districts, or other technical experts in reviewing the Comprehensive Stormwater Management Plan.
(Ord. 60-2023. Passed 8-14-23.)
1170.06 APPLICATION PROCEDURES.
(a) Pre-Application Meeting. The applicant shall attend a Pre-Application Meeting with the City Engineer and/or the Building Commissioner to discuss the proposed project, review the requirements of this regulation, identify unique aspects of the project that must be addressed during the review process, and establish a preliminary review and approval schedule.
(b) Preliminary Comprehensive Stormwater Management Plan. The applicant shall submit two (2) sets of a Preliminary Comprehensive Stormwater Management and the applicable fees to the Building Commissioner. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, SCMs, and easements in sufficient detail and engineering analysis to allow the City of Garfield Heights to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed SCMs are capable of controlling runoff from the site in compliance with this regulation. The applicant shall submit two (2) sets of the Preliminary Plan and applicable fees as follows:
(1) For subdivisions. In conjunction with the submission of the preliminary subdivision plan.
(2) For other construction projects where the development or redevelopment plan will result in the installation of impervious areas, artificial turf or permeable pavement systems: In conjunction with the application for a Zoning Permit.
(3) For general clearing projects: In conjunction with the application for a zoning permit.
(c) Final Comprehensive Stormwater Management Plan. The applicant shall submit two (2) sets of a Final Comprehensive Stormwater Management Plan and the applicable fees to the City of Garfield Heights Building Commissioner in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site. Final Comprehensive Stormwater Management Plans shall meet the requirements of Section 1170.08 and shall be approved by the City Engineer prior to approval of the final plat and/or before issuance of a zoning permit.
(d) Review and Comment. The City Engineer shall review the Preliminary and Final Plans submitted and shall approve or return for revisions with comments and recommendations for revisions. A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Preliminary or Final Plan.
(e) Approval Necessary. The Building Commissioner shall not issue a zoning permit without an approved Comprehensive Stormwater Management Plan.
(f) Valid for Two Years. Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval or as stipulated in the Construction General Permit. The Building Commissioner shall reserve the right to extend the approvals if the site has been actively maintained and managed, in accordance with the City ordinances and policies. (Ord. 60-2023. Passed 8-14-23.)
1170.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the City of Garfield Heights will issue a building or zoning permit.
(a) Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits authorizing stormwater discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant’s Notice of Intent (NOI), a copy of the Ohio EPA Director’s Authorization Letter with NPDES Facility Permit number for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(c) Ohio EPA Isolated Wetland or Ephemeral Stream Permit: Proof of compliance shall be a copy of Ohio EPA’s Isolated Wetland Permit or Ephemeral Stream Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA’s Isolated Wetlands Permit or Ephemeral Stream Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer’s Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water Resources permit application tracking number, a copy of the project approval letter from the ODNR Division of Water Resources, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable. (Ord. 60-2023. Passed 8-14-23.)
1170.08 COMPREHENSIVE STORMWATER MANAGEMENT PLANS.
Comprehensive Stormwater Management Plan Required: The applicant shall develop a Comprehensive Stormwater Management Plan describing how the quantity and quality of stormwater will be managed after construction is completed for every discharge from the site and/or into a water resource or small Municipal Separate Storm Sewer System (MS4). Comprehensive Stormwater Management Plans must meet the requirements in the Construction General Permit and these regulations.
(a) Preparation by Professional Engineer. The Comprehensive Stormwater Management Plan shall be prepared by a registered Professional Engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the City Engineer, a site survey shall be performed by a registered Professional Surveyor to establish boundary lines, measurements, or land surfaces.
(b) Community Procedures. The City Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the stormwater management system for the site. These procedures may be updated from time to time, at the discretion of the City Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The City Engineer shall make the final determination of whether SCMs proposed in the Comprehensive Stormwater Management Plan meet the requirements of this regulation to be used in the City of Garfield Heights.
(c) Contents of Comprehensive Stormwater Management Plan. The Comprehensive Stormwater Management Plan must contain all elements and meet all requirements specified in the Construction General Permit. It shall also meet the following requirements.
(1) Location information. The application shall note the phase, if applicable, of the overall development plan and list sublot numbers if project is a subdivision. The Site description shall include, at a minimum the following:
A. A description of the nature and type of the construction activity (e.g. residential, L.I.D. Development, shopping mall, road project, etc.)
B. The total area of the site and the area of the site anticipated to be disturbed during each phase of development including grubbing, clearing, excavation, filling, and grading, including off-site fill or borrow areas even if not within the City of Garfield Heights.
C. Description of prior land use.
D. The estimate of the impervious area and percentage of imperviousness created by the soil-disturbing activity both pre- and post-development.
E. Soil boring logs and locations, including soil series and association, hydrologic soils group, soil porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any identified impervious layers.
F. If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior uses.
G. The location and name of the immediate water resource(s) and the first subsequent water resource(s).
H. The aerial plan view extent and description or water resources at or near the site that will be disturbed or will receive discharges from the project.
I. Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability.
(2) Site maps and SCM design plans. It is preferred that all SCMs and the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided. Existing and proposed drainage patterns and any relevant offsite SCMs should be depicted. For each SCM, include the following:
A. An individual identification number
B. Location and size
C. Final site conditions and detail drawings of stormwater inlets and permanent SCMs. Details of SCMs shall be drawn to scale and shall show relevant volumes, elevations and sizes of contributing drainage areas.
D. A completed Ohio EPA WQv Calculator Spreadsheet and/or Runoff Reduction Spreadsheet or other equivalent compliance tools provided by Ohio EPA.
E. Any supplemental information requested by the City Engineer and Building Commissioner.
(3) Required Calculations. The applicant shall submit calculations for projected stormwater runoff flows, volumes, and timing into and through all SCMs for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The applicant shall also include critical storm determination and demonstrate that the runoff from offsite areas have been considered in the calculations. For each SCM, identify the drainage area and size in acres, percent impervious cover within the drainage area, volumetric runoff coefficient, peak discharge, and the time of concentration for each subwatersheds. Pervious and impervious areas should be treated as separate subwatersheds unless allowed at the discretion of the community engineer. Identify the SCM surface area, discharge and dewatering time, outlet type and dimensions.
(4) Inspection and Maintenance Agreement. The Inspection and Maintenance Agreement required for SCMs under this regulation is a stand-alone document between the City of Garfield Heights and the applicant. This agreement shall be recorded with the County Recorder. The agreement, at a minimum, shall include:
A. The location of each SCM on the site;
B. The schedule for regular maintenance and responsible party for such, including the source of funding for such;
C. Agreed upon submission dates for maintenance reporting to the City of Garfield Heights;
D. Agreement to permit the City of Garfield Heights to enter the property to preform any corrective actions identified in the inspection report if the landowner(s), organizations, or municipality responsible for maintenance do not make the required corrections in a specified time period. The City of Garfield Heights shall be reimbursed by the land owner(s), organization responsible for maintenance for any and all expenses incurred within ten (10) days of receipt of invoice from the City of Garfield Heights.
E. A release of the City of Garfield Heights from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City of Garfield Heights from the construction, presence, existence, or maintenance of the storm water management practices proposed by the owner(s).
(5) Inspection and Maintenance Plan. This plan will meet the requirements of the Construction General Permit and will be developed by the applicant and reviewed by the City Engineer. Maintenance requirements of each SCM during and after construction should be included. Once the Inspection and Maintenance Plan is approved, a recorded copy of the Plan must be provided to the property owner or association that will be responsible for long-term operation and maintenance of the BMP and submitted to the City Engineer as part of the final inspection approval as described in Section 1170.12.
Alteration or termination of these stipulations is prohibited. The applicant must provide a draft of the Inspection and Maintenance Agreement as part of the Comprehensive Storm Water Management Plan submittal. Once a draft is approved, a recorded copy of the Agreement must be submitted to the City of Garfield Heights to receive final inspection approval of the site.
(6) Failure to provide the City of Garfield Heights with a recorded copy of the approved Inspection and Maintenance Agreement shall restrict the Zoning Administrator from approving Zoning Permits within the applicable project area. The City of Garfield Heights reserves the right to revoke bonding on the project until a final approved agreement is provided.
(Ord. 60-2023. Passed 8-14-23.)
1170.09 PERFORMANCE STANDARDS.
(a) General. The stormwater system, including SCMs for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, twenty-four (24) hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; to meet the requirements of the Construction General Permit; and to meet the following criteria:
(1) Integrated SCMs that address degradation of water resources. The SCMs shall function as an integrated system that controls flooding and minimizes the degradation of the water resources receiving stormwater discharges from the site. Acceptable SCMs shall:
A. Not disturb riparian areas unless the disturbance is intended to support a watercourse restoration project and complies with Chapter 1161.
B. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable. Where feasible, bioretention, permeable pavement with infiltration, underground storage with infiltration, infiltration trenches, infiltration basins, and/or rainwater harvesting must be the water quality SCMs used. Separate SCMs may be used for peak discharge control and water quality treatment.
C. Only install new impervious surfaces and compact soils where necessary to support future land use.
D. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing stormwater peak flows to less than predevelopment levels.
E. Be designed according to the methodology included in the most current edition of Rainwater and Land Development Manual or another design manual acceptable for use by the City of Garfield Heights and Ohio EPA.
(2) Practices designed for final use. SCMs shall be designed to achieve the stormwater management objectives of this regulation, to be compatible with the proposed post-construction use of the site, to protect the public health, safety, and welfare, and to function safely with routine maintenance.
(3) Stormwater management for all lots. Areas developed for a subdivision, as defined in Chapter Section 1100 of the Planning and Zoning Code shall provide stormwater management and water quality controls for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, twenty-four (24) hour storm; and maintain, to the extent practicable, the pre-development runoff patterns, volumes, and peaks from each lot.
(4) Stormwater facilities in water resources. SCMs and related activities shall not be constructed in water resources unless the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1170.07 of this regulation, and the activity is in compliance with Chapter 1171 Erosion and Sediment Control, and Chapter 1161 Riparian Setbacks, all as determined by the City Engineer.
(5) Stormwater ponds and surface conveyance channels. All stormwater pond and surface conveyance designs must provide a minimum of two (2) foot freeboard above the projected peak stage within the facility during the 100-year, twenty-four (24) hour storm. When designing stormwater ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.
(6) Exemption. The site where soil-disturbing activities are conducted shall be exempt from the requirements of Section 1170.09 if it can be shown to the satisfaction of the City Engineer that the site is part of a larger common plan of development where the stormwater management requirements for the site are provided by an existing SCM, or if the stormwater management requirements for the site are provided by SCMs defined in a regional or local stormwater management plan approved by the City Engineer.
(7) Maintenance: All SCMs shall be maintained in accordance with the Inspection and Maintenance Plan and Agreements approved by the City Engineer.
(8) Ownership. Unless otherwise required by the City of Garfield Heights, SCMs serving multiple lots in subdivisions shall be on a separate lot held and maintained by an entity of common ownership or, if compensated by the property owners, by the City of Garfield Heights as a dedicated public space. SCMs serving single lots shall be placed on these lots, protected within an easement, and maintained by the property owner.
(9) Preservation of Existing Natural Drainage. Practices that preserve the existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation and vegetative buffer strips; phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing and grubbing practices; and maintaining unconcentrated stormwater runoff to and through these areas.
(10) Post-Construction Soil Restoration. Except for areas that will be covered by impervious surface or have been incorporated into an SCM, the soil moistureholding capacity of areas that have been cleared and graded must be restored to that of the original, undisturbed soil to the maximum extent practicable. Areas that have been compacted or had the topsoil or duff layer removed should be amended using the soil profile restoration design criteria in the Rainwater and Land Development Manual.
(b) Stormwater Conveyance Design Criteria. All SCMs shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities.
This shall include but not be limited to:
(1) Surface water protection. The City Engineer may allow modification to streams, rivers, lakes, wetlands or other surface waters only if the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1170.07 of this regulation, and the activity is in compliance with Section Chapter 1171 and Chapter 1172, all as determined by the City Engineer.
At a minimum, stream relocation designs must show how the project will minimize changes to the vertical stability, floodplain form, channel form, and habitat of upstream and downstream channels on and off the property. Design modification to existing streams, rivers, lakes and wetlands within FEMA designated floodways will require the Owner to apply for the appropriate mapping modifications per FEMA regulations. The cost for such a plan modification shall be born by the land owner.
(2) Off-site stormwater discharges. Off-site stormwater runoff that discharges to or across the applicant’s development site shall be conveyed through the stormwater conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around stormwater quality control facilities, or the stormwater quality control facility shall be sized to treat the off-site flow. Comprehensive Stormwater Management Plans will not be approved until it is demonstrated to the satisfaction of the City Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.
(3) Sheet flow. The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally-binding mechanisms that prohibit regrading and/or the placement of structures within sheet flow areas. The sheet flow length shall not exceed seventy-five (75) feet from impervious area or 150 feet from pervious areas. Flow shall be directed into an open channel, storm sewer, or other SCMs from areas too long and/or too large to maintain sheet flow, all as determined by the City Engineer.
(4) Open channels. Unless otherwise allowed by the City Engineer, drainage tributary to SCMs shall be provided by an open channel with vegetated banks and designed to carry the ten (10) year, twenty-four (24) hour stormwater runoff from upstream contributory areas.
(5) Open drainage systems. Open drainage systems shall be preferred on all new development sites to convey stormwater where feasible. Storm sewer systems shall be allowed only when the site cannot be developed at densities allowed under City of Garfield Heights zoning or where the use of an open drainage system affects public health or safety, all as determined by the City Engineer. The following criteria shall be used to design storm sewer systems when necessary: NOTE: The following sections are typical stormwater conveyance design criteria. Either use these criteria or include the pertinent sections of your existing stormwater conveyance design criteria.
A. Storm sewers shall be designed such that they do not surcharge from runoff caused by the five (5) year, twenty-four (24) hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway during a ten (10) year, twenty-four (24) hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributing drainage area within the proposed development and existing flows from offsite areas that are upstream from the development.
B. The minimum inside diameter of pipe to be used in public storm sewer systems is twelve (12) inches. Smaller pipe sizes may be used in private systems, subject to the approval of the City Engineer.
C. All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.
D. The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.
E. Headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes. Designs where the open flow channel is steeper than or equal to one percent (1%) shall include a stone rip-wrap or other approved erosion control measure as approved by the City Engineer.
(6) Water Resource Crossings. The following criteria shall be used to design structures that cross a water resource in the City of Garfield Heights:
A. Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum twenty-five (25) year, twenty-four (24) hour storm.
B. Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all State Scenic Rivers, coldwater habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high-water mark.
C. If a culvert or other closed bottom crossing is used, twenty-five percent (25%) of the cross sectional area or a minimum of one (1) foot of box culverts and pipe arches must be embedded below the channel bed. The conduit or conveyance must be sized to carry the twenty-five (25) year storm under these conditions.
D. The minimum inside diameter of pipes to be used for crossings shall be twelve (12) inches.
E. The maximum slope allowable shall be a slope that produces a 10-fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.
F. All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.
G. Headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.
H. Streams with a drainage area of five (5) square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.
I. Bridges shall be designed such that the hydraulic profile through a bridge shall be a minimum of one (1) foot below the bottom chord of the bridge for either the 100-year, twenty-four (24) hour storm, or the 100-year flood elevation as determined by FEMA, whichever is more restrictive.
(7) Overland flooding. Overland flood routing paths shall be used to convey stormwater runoff from the 100-year, twenty-four (24) hour storm event to an adequate receiving water resource or SCM such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least two feet below the finished grade elevation of all structures. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.
(8) Compensatory flood storage mitigation. In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the City of Garfield Heights must be compensated by providing an equivalent storage volume. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the City of Garfield Heights, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.
(9) Velocity dissipation. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected
(c) Stormwater Quality Control. The site shall be designed to direct runoff to one (1) or more SCMs that meet or exceed the criteria in the Construction General Permit.
(1) Direct runoff to a BMP. The site shall be designed to direct runoff to one (1) or more of the following storm water management practices. These practices are listed in Table 2 of this regulation and shall be designed to meet the following general performance standards:
A. Extended conveyance facilities that slow the rate of storm water runoff; filter and biodegrade pollutants in storm water; promote infiltration and evapotranspiration of storm water; and discharge the controlled runoff to a water resource.
B. Extended detention facilities that detain storm water; settle or filter particulate pollutants; and release the controlled storm water to a water resource.
C. Infiltration facilities that retain storm water; promote settling, filtering, and biodegradation of pollutants; and infiltrate captured storm water into the ground. The City Engineer may require a soil engineering report to be prepared for the site to demonstrate that any proposed infiltration facilities meet these performance standards.
D. The City Engineer may approve other BMPs if the applicant demonstrates to the City Engineer satisfaction that these BMPs meet the objectives of this regulation as stated in Section 1170.09 (c)(6).
(2) Criteria applying to all storm water management practices. Practices chosen must be sized to treat the water quality volume (WQv) and to ensure compliance with Ohio Water Quality Standards (OAC Chapter 3745-1).
A. The WQv shall be equal to the volume of runoff from a 0.75 inch rainfall event and shall be determined according to one of the following methods:
1. Through a site hydrologic study approved by the City Engineer that uses continuous hydrologic simulation; site- specific hydrologic parameters, including impervious area, soil infiltration characteristics, slope, and surface routing characteristics; proposed best management practices controlling the amount and/or timing of runoff from the site; and local long-term hourly records, or
2. Using the following equation:
WQv = C*P*A/12
where terms have the following meanings:
WQv = water quality volume in acre-feet
C = runoff coefficient appropriate for storms less than 1 in.
P = 0.75 inch precipitation depth
A = area draining into the storm water practice, in acres.
Runoff coefficients required by the Ohio Environmental Protection Agency (Ohio EPA) for use in determining the water quality volume are listed in Table 1. Alternatively, the City Engineer may consider use of the following equation to calculate the runoff coefficient if the applicant can demonstrate that appropriate controls are in place to limit the proposed impervious area of the development:
C=0.858i3 – 0.78i2 + 0.774i+0.04, where:
i = fraction of the drainage area that is impervious
Table 1: Runoff Coefficients Based on the Type of Land Use
Land Use | Runoff Coefficient |
Industrial & Commercial | 0.8 |
High Density Residential (>8 dwellings/acre) | 0.5 |
Medium Density Residential (4 to 8 dwellings/acre) | 0.4 |
Low Density Residential (<4 dwellings/acre) | 0.3 |
Open Space and Recreational Areas | 0.2 |
Where land use will be mixed, the runoff coefficient should be calculated using a weighted average. For example, if sixty percent (60%) of the contributing drainage area to the storm water treatment structure is Low Density Residential, thirty percent (30%) is High Density Residential, and ten percent (10%) is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3)+(0.3)(0.5)+(0.1)(0.2) = (0.35) | |
B. An additional volume equal to twenty percent (20%) of the WQv shall be incorporated into the storm water practice for sediment storage.
C. Storm water quality management practices shall be designed such that the drain time is long enough to provide treatment and protect against downstream bank erosion, but short enough to provide storage available for successive rainfall events as defined in Table 2.
Table 2: Draw Down Times for Storm Water Management Practices
Best Management Practice | Drain Time of WQv |
Infiltration Facilities | 24 - 48 hours |
Extended Conveyance Facilities (Vegetated Swales, Filter Strips) Extended Conveyance Detention Design Flow Through Design | 24 hours * |
Extended Detention Facilities Extended Dry Detention Basins | 48 hours |
Wet Detention Basins ** | 24 hours |
Constructed Wetlands (above permanent pool) | 24 hours |
Media Filtration, Bioretention | 40 hours |
* Size to pass a hydrograph with a volume equal to the WQv, a duration of two (2) hours, and peak rainfall intensity of one (1) inch/hour at a depth of no more than three (3) inches. The use of this criterion is limited to sites where the total area disturbed is five (5) acres or less. **Provide both a permanent pool and an extended detention volume above the permanent pool, each sized with at least 0.75*WQV . |
D. Each practice shall be designed to facilitate sediment removal, vegetation management, debris control, and other maintenance activities defined in the Inspection and Maintenance Agreement for the site.
(3) Additional criteria applying to infiltration facilities.
A. Infiltration facilities shall only be allowed if the soil of the facility falls within hydrologic soil groups A or B, and if the seasonal high water table and any underlying bedrock are at least six feet below the final grade elevation.
B. All runoff directed into an infiltration basin must first flow through an extended conveyance facility to remove coarser sediments that could cause a loss of infiltration capacity.
C. During construction, all runoff from disturbed areas of the site shall be diverted away from the proposed infiltration basin site. No construction equipment shall be allowed within the infiltration basin site to avoid soil compaction.
(4) Additional criteria applying to extended conveyance facilities.
A. Facilities shall be lined with fine turf-forming, flood tolerant grasses.
B. Facilities designed according to the extended conveyance detention design drain time shall:
1. Not be located in areas where the depth to bedrock and/or seasonal high-water table is less than three (3) feet below the final grade elevation.
2. Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a two and one-half (2.5)-foot-deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an underdrain system is provided.
C. Facilities designed according to the flow through design drain time shall:
1. Only be allowed on sites where the total area disturbed is five (5) acres or less.
2. Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than three (3) inches.
D. Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.
(5) Additional criteria for extended detention facilities:
A. The outlet shall be designed to release the bottom fifty percent (50%) of the water quality volume in no less than two-third (2/3rd) of the drain time. A valve shall be provided to drain any permanent pool volume for removal of accumulated sediments. The outlet shall be designed to minimize clogging, vandalism, and maintenance. Methods of inspecting and testing shall be incorporated in the long term maintenance plan for the site and shall be required to be tested at least annually.
B. The basin design shall incorporate the following features to maximize multiple uses, aesthetics, safety, and maintainability:
1. Basin side slopes above the permanent pool shall have a run to rise ratio of 4:1 or flatter.
2. The perimeter of all permanent pool areas deeper than four (4) feet shall be surrounded by an aquatic bench that extends at least eight (8) feet and no more than fifteen (15) feet outward from the normal water edge. The eight (8) feet wide portion of the aquatic bench closest to the shoreline shall have an average depth of six (6) inches below the permanent pool to promote the growth of aquatic (non-invasive) vegetation. The remainder of the aquatic bench shall be no more than fifteen (15) inches below the permanent pool to minimize drowning risk to individuals who accidentally or intentionally enter the basin, and to limit growth of dense vegetation in a manner that allows waves and mosquito predators to pass through the vegetation. The maximum slope of the aquatic bench shall be ten (10) (H) to one (1) (V). The aquatic bench shall be planted with hearty plants comparable to wetland vegetation that are able to withstand prolonged inundation.
3. A forebay designed to allow larger sediment particles to settle shall be placed at basin inlets. The forebay volume shall be equal to at least ten percent (10%) of the water quality volume (WQv).
(6) Additional criteria applying to extended conveyance facilities.
A. Facilities shall be lined with fine turf-forming, flood tolerant grasses.
B. Facilities designed according to the extended detention design drain time shall:
1. Not be located in areas where the depth to bedrock and/or seasonal high water table is less than three (3) feet below the final grade elevation.
2. Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a two and one-half (2.5) foot deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an under drain system is provided.
C. Swales and filter strips designed according to the flow through drain time shall:
1. Only be allowed on sites where the total area disturbed is five (5) acres or less.
2. Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than three (3) inches.
D. Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.
(7) Alterative post-construction BMPs. The applicant may request approval from the City Engineer for the use of alternative structural post-construction BMPs if the applicant shows, to the satisfaction of the City Engineer and with prior written approval from Ohio EPA, that these BMPs are equivalent in pollutant removal and runoff flow/volume reduction effectiveness to those listed in Table 2.
(d) Stormwater Quantity Control. The Comprehensive Stormwater Management Plan shall describe how the proposed SCMs are designed to meet the following requirements for stormwater quantity control for each watershed in the development:
(1) The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a one (1) year, twenty-four (24) hour storm occurring on the same development drainage area under predevelopment conditions.
(2) Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, twenty-four (24) hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under predevelopment conditions. The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement.
(3) The Critical Storm for each specific development drainage area shall be determined as follows:
A. Determine, using a curve number-based hydrologic method or other hydrologic method approved by the City Engineer, the total volume (acre-feet) of runoff from a one (1) year, twenty-four (24) hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:
1. Calculations shall include the lot coverage assumptions used for full build out as proposed.
2. Calculations shall be based on the entire contributing watershed to the development area.
3. Model pervious, directly connected impervious and disconnected impervious areas as separate subwatersheds.
4. Drainage area maps shall include area, curve number, and time of concentrations. Time of concentration shall also show the flow path and the separation in flow type.
5. Use the Precipitation-Frequency Atlas of the United States, NOAA Atlas 14, Vol 2(3). [available online: http://hdsc.nws.noaa.gov/hdsc/pfds/] for rainfall depth data for stormwater design.
6. Use the SCS Type II rainfall distribution for all design events with a recurrence interval greater than one (1) year. Include lot coverage assumptions used for full build out of the proposed condition.
7. Curve numbers for the pre-development condition shall reflect the average type of land use over the past ten (10) years and not only the current land use.
i. Pre-development Curve Numbers – For wooded or brushy areas, use listed values from TR-55 NRCS USDA Urban Hydrology for Small Watersheds, 1986 in good hydrologic condition. For meadows, use listed values. For all other areas (including all types of agriculture), use pasture, grassland, or range in good hydrologic condition.
ii. Post-development Curve Numbers - Open space areas shall use post-construction hydrologic soil groups from Rainwater and Land Development unless the soil is amended using the soil profile restoration design criteria in Rainwater and Land Development Manual. All undisturbed areas or open space with amended soils shall be treated as “open space in good condition.”
8. Time of Concentration - Use velocity-based methods from (TR-55 NRCS USDA Urban Hydrology in Small Watersheds, 1986) to estimate travel time (Tt) for overland (sheet) flow, shallow concentrated flow and channel flow.
i. Maximum sheet flow length is 100 ft.
ii. Use the appropriate “unpaved” velocity equation for shallow concentrated flow from Soil Conservation Service National Engineer Handbook Section 4 – Hydrology (NEH-4).
9. The volume reduction provided by runoff reduction SCMs may be subtracted from the post-development stormwater volume. Volume reductions for these SCMs may be demonstrated using methods outlined in Rainwater and Land Development or a hydrologic model acceptable to the City Engineer.
B. To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways except in instances of engineered permeable pavement systems. From the volume determined in Section 1170.09(d)(3)A., determine the percent increase in volume of runoff due to development. Using the percentage, select the twenty-four (24) hour Critical Storm from Table 3.
(e) Stormwater Management for Previously Developed Areas. SCMs on previously
developed sites must meet the criteria in the Construction General Permit.
Table 3: 24-Hour Critical Storm
If the Percentage of Increase in Volume of Runoff is: | The Critical Storm will be: | |
Equal to or Greater Than: | and Less Than: | |
---- | 10 | 1 year |
10 | 20 | 2 year |
20 | 50 | 5 year |
50 | 100 | 10 year |
100 | 250 | 25 year |
250 | 500 | 50 year |
500 | --- | 100 year |
For example, if the percent increase between the pre- and post-development runoff volume for a one (1) year storm is thirty-five percent (35%), the Critical Storm is a five (5) year storm. The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the one (1) year frequency storm under pre-development conditions in the development drainage area. The post- development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms. | ||
(Ord. 60-2023. Passed 8-14-23.)
1170.10 ALTERNATIVE ACTIONS.
(a) When the City of Garfield Heights determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the standards in the Construction General Permit and shall achieve the same level of stormwater quantity control that would be achieved by the on-site controls required under this regulation. The City Engineer may require proof of Ohio EPA review and approval for any alternative action proposed.
(b) Alternative actions may include, but are not limited to, the following. All alternative actions shall be approved by the City Engineer:
(1) Fees, in the amount specified by the City of Garfield Heights to be applied to community-wide storm water management practices.
(2) Implementation of off-site storm water management practices and/or the retrofit of an existing practice to increase quality and quantity control.
(3) Stream, floodplain, or wetland restoration.
(4) Acquisition or conservation easements on protected open space significantly contributing to storm water control such as wetland complexes.
(Ord. 60-2023. Passed 8-14-23.)
1170.11 EASEMENTS.
Access to SCMs as required by the City Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:
(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Stormwater Management Plan.
(b) Easements shall be approved by the City of Garfield Heights prior to approval of a final plat and shall be recorded with the Cuyahoga County Auditor and on all property deeds.
(c) Unless otherwise required by the City Engineer, access easements between a public right-of-way and all SCMs shall be no less than twenty-five (25) feet wide. The easement shall also incorporate the entire SCM plus an additional twenty-five (25) foot-wide band around the perimeter of the SCM.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site. Easements shall include restrictions from the placement of permanent structures.
(e) Easements to SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City Engineer. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City of Garfield Heights at the property owners’ expense.
(Ord. 60-2023. Passed 8-14-23.)
1170.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the applicant and provided to the City Engineer:
(a) Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the City Engineer and per the approved Comprehensive Stormwater Management Plan.
(b) An As-Built Certification, including As-Built Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the SCMs, as designed and installed, meet the requirements of the Comprehensive Stormwater Management Plan approved by the City Engineer. In evaluating this certification, the City Engineer may require the submission of a new set of SCM calculations if he/she determines that the design was altered significantly from the approved Comprehensive Stormwater Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such SCMs and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.
(c) A copy of the complete and recorded Inspection and Maintenance Plan and Inspection and Maintenance Agreement as specified in Section 1170.08 must be provided to the City Engineer. (Ord. 60-2023. Passed 8-14-23.)
1170.13 ON-GOING INSPECTIONS.
The owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The City of Garfield Heights has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance or repair, the City of Garfield Heights shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have ten (10) working days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City Engineer for these repairs not in place, the City of Garfield Heights may undertake the necessary repairs and assess the responsible party.
(Ord. 60-2023. Passed 8-14-23.)
1170.14 FEES.
The Comprehensive Stormwater Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Garfield Heights before the review process begins. The City Engineer shall establish a fee schedule based upon the actual estimated cost for providing these services. (Ord. 60-2023. Passed 8-14-23.)
1170.15 BOND.
(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil disturbing activities shall not be permitted until a cash bond of 10% of the total project cost has been deposited with the City of Garfield Heights Finance Department. This bond shall be posted for the City of Garfield Heights to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less the City of Garfield Heights administrative fees as detailed in Chapter 1170 of the City of Garfield Heights Codified Ordinances, when the
following three criteria are met:
(1) The site has been stabilized, temporary BMPs have been removed, and the sediment settling basin has been converted to or replaced with post-construction SCM(s) and one (1) of the following conditions are met:
A. One hundred percent (100%) of the total project has achieved permanent stabilization.
B. Less than one (1) acre of lots remain unbuilt.
C. No development activities have occurred for one (1) year.
(2) An As-Built Certification of all SCMs is approved by City of Engineer.
(3) An Inspection and Maintenance Plan has been approved by the City of Garfield Heights and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Garfield Heights, and the private owner or homeowners’ association who will take long term responsibility for these SCMs, is accepted by the City Engineer.
(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all these criteria are not met after three (3) years of permanent stabilization of the site, the City of Garfield Heights may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/ homeowners association for the purpose of long-term maintenance of the project.
(Ord. 60-2023. Passed 8-14-23.)
1170.16 INSTALLATION OF WATER QUALITY STORMWATER CONTROL MEASURES.
The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City Engineer. This occurs after the completion of the final grade at the site, after all the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days.
(Ord. 60-2023. Passed 8-14-23.)
1170.17 VIOLATIONS.
No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this
regulation. (Ord. 60-2023. Passed 8-14-23.)
1170.18 APPEALS.
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Garfield Heights in relation to this regulation may appeal to the Court of Common Pleas. Such an appeal shall be made in conformity with Ohio Revised Code Section 2506. Written notice of appeal shall be served on the City of Garfield Heights.
(Ord. 60-2023. Passed 8-14-23.)
1170.99 PENALTY.
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City of Garfield Heights instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Garfield Heights.
(Ord. 60-2023. Passed 8-14-23.)
1171.01 PURPOSE AND SCOPE.
(a) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources, and will promote and maintain the health and safety of the citizens of the City of Garfield Heights:
(b) This regulation will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources that may be caused by new development, redevelopment, grading, or clearing activities.
(c) This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing, regrading, construction staging, and all other uses not specifically exempted in Section 1171.01(d).
(d) This chapter does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement rules. Rules 1501:15-5-01 to 15-5-18 of the Ohio Administrative Code as amended. (Ord. 61-2023. Passed 8-14-23.)
1171.02 DEFINITIONS.
The definitions contained in Ohio Environmental Protection Agency (“Ohio EPA”)’s Construction General Permit entitled “Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System” in effect at the time a permit is applied for under this chapter shall apply to this chapter, and the following definitions shall also apply:
For purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation for sites disturbing 0.1 (one-tenth) to one (1) acre of land.
(b) ACRE: A measurement of area equaling 43,560 square feet.
(c) ADMINISTRATOR: The person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.
(d) BEST MANAGEMENT PRACTICES (BMPs): Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(e) COMMUNITY: Throughout this regulation, this shall refer to The City of Garfield Heights, its designated representatives, boards, or commissions.
(f) CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this regulation.
(g) CONSTRUCTION GENERAL PERMIT: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).
(h) CRITICAL AREA: Any area the disturbance to which would cause soil erosion and sediment runoff and damage to private properties, water courses, storm sewers or public lands due to topography, soil type, hydrology, or proximity to a water course. These areas include, but are not limited to, riparian areas, wetlands, and highly erodible soils.
(i) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(j) DEWATERING VOLUME: See current Ohio Rainwater and Land Development Manual.
(k) DISCHARGE: The addition of any pollutant to surface waters of the state from a point source.
(l) DISTURBANCE: Any clearing, grading, grubbing, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.
(m) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities such as grading, excavating, or filling.
(n) DRAINAGE:
(1) The area of land contributing surface water to a specific point.
(2) The removal of excess surface water or groundwater from land by surface of subsurface drains.
(o) DRAINAGE WAY: A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.
(p) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(q) EROSION AND SEDIMENT CONTROL: The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(r) EROSION AND SEDIMENT CONTROL PLAN: The written document meeting the requirements of this regulation which sets forth the plans and practices to be used to minimize soil erosion and prevent off-site disposal of soil sediment by containing sediment on-site or bypassing sediment laden runoff through a sediment control measure during and after land development.
(s) GRADING: The excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(t) GRUBBING: removing or grinding of roots, stumps, and other unwanted material below existing grade.
(u) IMPERVIOUS: That which does not allow infiltration.
(v) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.
(w) PARCEL: Means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a ‘Permanent Parcel Number’ assigned by the [county] County Auditor’s Office.
(x) PERCENT IMPERVIOUSNESS: The impervious area created divided by the total area of the project site.
(y) PERSON: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
(z) PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(aa) PRE-CONSTRUCTION MEETING: Prior to any work on the site. A meeting between the City of Garfield Heights and all principal parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan.
(bb) PRE-WINTER STABILIZATION MEETING: A meeting between the City of Garfield Heights and all principal parties, prior to October 1, to plan winter erosion and sediment controls for a site that requires a Stormwater Pollution Prevention Plan.
(cc) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(dd) SEDIMENT: The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(ee) SEDIMENTATION: The deposition or settling of sediment.
(ff) SEDIMENT STORAGE VOLUME: See current edition of Rainwater and Land Development.
(gg) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, grubbing or stump removal that occurs during clearing or timber activities, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(hh) SOIL & WATER CONSERVATION DISTRICT: An entity organized under Chapter 940 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga County SWCD.
(ii) STABILIZATION: The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(jj) STORMWATER PROGRAM MANAGER provides oversight of the City’s compliance with applicable federal and state stormwater laws, rules, and permits in support of the Municipal Separate Storm Sewer System (MS4) program, National Pollutant Discharge Elimination System (NPDES) permit, and support of the overall Stormwater Program, including policy development and program coordination. Said person for the City of Garfield heights shall be the Building Commissioner.
(kk) STORMWATER POLLUTION PREVENTION PLAN (SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation. This typically contains the erosion and sediment control plan for the site.
(ll) STORMWATER: Stormwater runoff, snow melt and surface runoff and drainage.
(mm) SUBDIVISIONS, MAJOR AND MINOR: See Ohio Administrative Code 711.001 for definition.
(nn) SURFACE OUTLET: A dewatering device that only draws water from the surface of the water.
(oo) TEMPORARY STABILIZATION: The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation, and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.
(pp) TOPSOIL: The upper layer of the soil is usually darker in color and richer in organic matter and nutrients than subsoil.
(qq) UNSTABLE SOILS: A portion of land that is identified by the City Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(rr) WATER RESOURCE Also SURFACE WATER OF THE STATE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(ss) WATERSHED: The total drainage area contributing runoff to a single point.
(tt) WETLAND: Those areas, that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended). (Ord. 61-2023. Passed 8-14-23.)
1171.03 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 61-2023. Passed 8-14-23.)
1171.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation conflicts with other provisions of law or ordinance or requirements in the Construction General Permit, the most restrictive provisions shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation
shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City of Garfield Heights to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Garfield Heights, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. (Ord. 61-2023. Passed 8-14-23.)
1171.05 DEVELOPMENT OF STORM WATER POLLUTION PREVENTION PLANS.
(a) This regulation requires that a Storm Water Pollution Prevention Plan (SWP3) be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land. The City Engineer and Stormwater Program Manager may require a SWP3 for sites disturbing less than one (1) acre. Sediment controls shall be required on all construction sites as deemed necessary by the City based on upstream and downstream flows in and out of the site.
(b) The following activities shall submit an Abbreviated SWP3:
(1) New single-family residential construction that disturbs 0.1 (one tenth) up to one (1) acre of land.
(2) Additions or accessory buildings for single-family residential construction that disturb 0.1 (one tenth) up to one (1) acre of land.
(3) All non-residential construction that disturb 0.1 (one tenth) - up to one (1) acre of land.
(4) General clearing activities not related to construction that disturb 0.1 (one tenth) up to one (1) acre of land.
(5) Activities disturbing 0.1 (one tenth) or less of an acre are not required to submit a SWP3, unless required by the City Engineer and/or Stormwater Program Manager. These activities must comply with all other provisions of this regulation.
(c) Signatures of the responsible parties for all phases of development must be listed on the Storm Water Pollution Prevention Plan and Abbreviated Stormwater Pollution Plans. The responsible parties need to provide after-hours phone numbers and email addresses. The responsible parties shall accept responsibilities for maintaining all Best Management Practices until issuance of the Notice of Termination (N.O.T.) unless a transfer of responsibility is applied for and accepted by the City Engineer and the City of Garfield Heights, in writing.
(Ord. 61-2023. Passed 8-14-23.)
1171.06 APPLICATION PROCEDURES.
(a) Soil Disturbing Activities Submitting a Stormwater Pollution Prevention Plan (SWP3): The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the City of Garfield Heights and two (2) sets of the SWP3 and the applicable fees to the Cuyahoga County SWCD as follows:
(1) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.
(2) For other construction projects: Before issuance of a building permit by the Building Commissioner.
(3) For general clearing projects: Prior to issuance of a zoning permit by the Zoning Administrator.
(b) Soil Disturbing Activities Submitting an Abbreviated Stormwater Pollution Prevention Plan (SWP3): The applicant shall submit two (2) sets of the Abbreviated SWP3 and the applicable fees to the City Engineer and/or Stormwater Program Manager and two (2) sets of the Abbreviated SWP3 and the applicable fees to the Cuyahoga County SWCD as follows:
(1) For single-family home construction: Before issuance of Zoning permit, building permit, or grading permit, as appropriate by the Zoning Inspector or Building Official.
(2) For other construction projects: Before issuance of a Zoning permit and/or grading permit]by the Zoning Inspector or Building Official.
(3) For general clearing projects: Before issuance of a Zoning permit by the Zoning Administrator.
(c) The City Engineer and/or Stormwater Program Manager and the Cuyahoga County SWCD shall review the plans submitted under Section 1171.06 (a) or (b) for conformance with this regulation and approve or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a checklist or narrative report stating specific problems and the procedures for filing a revised plan.
(d) Soil disturbing activities (including mechanized clearing) shall not begin and zoning, building, or grading permits shall not be issued without:
(1) Approved SWP3 or Abbreviated SWP3;
(2) NOI submittal to Ohio EPA and NPDES permit covered issued;
(3) Physical marking in the field of protected areas or critical areas, including wetlands and riparian areas; and
(4) Installation of construction entrances, perimeter sediment barriers and other erosion and sediment controls that must be in place to address initial site conditions.
(e) SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.
(f) The developer, engineer and contractor, and other principal parties, shall meet with the City Engineer and/or Stormwater Program Manager for a Pre-Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated and construction personnel are aware of such devices and areas. Pre-Construction Meetings for Abbreviated SWP3s may be waived at the discretion of the City Engineer.
(g) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.
(Ord. 61-2023. Passed 8-14-23.)
1171.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with SWP3s or Abbreviated SWP3s. The City of Garfield Heights reserves the right to be provided with copies of any/all applicable permits from other agencies prior to issuing the Notice to Proceed and final approval of the project.
(a) Ohio EPA Construction General Permit: Proof of compliance with these requirements shall be the applicant’s Notice of Intent (NOI), a copy of the Ohio EPA Director’s Authorization Letter for the NPDES Permit including the NPDES Facility Permit number assigned by Ohio EPA, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable. Please note that when a separate SWP3 shall be prepared for a separate phase or stage of development, a separate NOI or NPDES Facility Permit number must be provided.
(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable because there are no wetlands on site. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(c) Ohio EPA Isolated Wetland or Ephemeral Stream Permit: Proof of compliance shall be a copy of Ohio EPA’s Isolated Wetland Permit or Ephemeral Stream application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA’s Isolated Wetlands Permit or Ephemeral Stream Permit is not applicable because there are no wetlands or ephemeral streams on the site. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer’s Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has evaluated the site and determined that Section 404 of the Clean Water Act is not applicable because there are no wetlands on site.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 61-2023. Passed 8-14-23.)
1171.08 STORMWATER POLLUTION PREVENTION PLAN.
The applicant shall submit an SWP3 that meets the requirements of the Construction General Permit and the following additional requirements. The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect. The SWP3 shall include control measures to ensure that discharges from the construction site and construction support activities comply with the nonnumeric effluent limitations contained in the Construction General Permit.
In addition to all information required by the Construction General Permit, the SWP3 shall also include completed design tools found on Ohio EPA’s website such as the Sediment Basin Compliance Spreadsheet.
Before any off-site support areas such as borrow or spoil areas, concrete or asphalt batch plants, equipment staging yards or material storage areas are utilized, a SWP3 for the off-site support area must be submitted and approved by the City Engineer and/or Stormwater Program Manager. The applicant shall ensure appropriate permits have been obtained to operate the off-site support area. Failure to do so can lead to enforcement action under Sections 1171.13 and 1171.14 of this code. Off-site fill and borrow areas shall require separate SWP3 permitting depending on local regulations. The contractor is responsible for obtaining all necessary approvals and the City of Garfield Heights reserves the right to ask for copies of the approval letters for the sites being used.
The City Engineer and/or Stormwater Program Manager may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the City Engineer and/or Stormwater Program Manager shall be incorporated in the grading plans and/or other specifications for site development.
(a) Data regarding the nature, distribution, strength, and erodibility of existing soils.
(b) If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
(c) Conclusions and recommendations for grading procedures.
(d) Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
(e) Design criteria for corrective measures when necessary.
(f) Opinions and recommendations covering the stability of the site.
(g) Delineations of surface waters of the state located on the site. Affirmation by the U.S. Army Corps of Engineers may be required.
(h) Location and maintenance plan for sedimentation basins either long term or short term.
(i) Phasing plan to minimize soil disturbing activities on site.
(j) Plan of action for processes and corrective actions, if needed, during construction.
(Ord. 61-2023. Passed 8-14-23.)
1171.09 PERFORMANCE STANDARDS.
The SWP3 must contain a description of the controls appropriate for each stage of construction operation and the applicant must implement such controls. BMP selection and design must meet criteria established within the current Construction General Permit. BMPs must be designed, constructed, and installed to meet the specifications in Rainwater and Land Development or another design manual acceptable to the City of Garfield Heights. The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented, and maintained according to the requirements in the Construction General Permit. Site operators must conduct site inspections as described in the Construction General Permit.
Certified inspection reports shall be submitted to the City Engineer and/or Stormwater Program Manager within seven (7) working days from the inspection and retained at the development site. The following standards will also apply:
(a) BMP Design. BMPs must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These BMPs must include, but are not limited to, the following:
(1) Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete, or cement sized greater than two inches (2”) in diameter placed over a geotextile. Culverts shall be provided where construction entrances cross drainage ditches and water bars shall be provided to divert sediment-laden runoff away from connected roadways.
(2) Streets and catch basins adjacent to construction entrances shall be kept free of sediment tracked off site. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly and protected from sediment-laden runoff, if feasible without posing a public safety hazard.
(3) Based on site conditions, City Engineer and/or Stormwater Program Manager and/or the Cuyahoga County SWCD may require additional best management practices to control off site tracking and dust. These additional BMPs may include:
A. Fencing shall be installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
B. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The City Engineer and/or Stormwater Program Manager and/or the Cuyahoga County SWCD may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.
C. Sediment ponds shall be maintained, and skimmers shall be inspected as part of the regular inspection schedule and condition noted. It is important to the function of this sediment control feature to minimize downstream impacts of construction.
(b) Stream Protection During Construction. Construction vehicles shall avoid water resources. If it is infeasible to provide and maintain an undisturbed natural buffer around water resources, the SWP3 shall comply with all the following additional requirements:
(1) All stream crossings shall be designed as specified in the most recent edition of Rainwater and Land Development Manual.
(2) Temporary stream crossings shall be constructed if water resources or wetlands are crossed by construction vehicles during construction. Construction activities cannot cause the upstream ponding of water without specific approval of the City.
(3) Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.
(4) Protected areas or critical areas, including wetlands and riparian areas shall be physically marked in the field prior to earth disturbing activities.
(5) Stream Protection. The requirements of Chapter 1161 Riparian Setbacks of the Codified Ordinances of the City of Garfield Heights shall be followed.
(c) For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the landowner and the developer, engineer and contractor of the project and the City of Garfield Heights prior to October 1, to plan and approve winter erosion and sediment controls as defined in the most current online edition of Rainwater and Land Development.
(d) Post Construction Water Quality Practices.
(1) Non-structural water quality practices. Non-structural post construction best management practices include preservation, planning, or procedures that direct development away from water resources, or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.
(2) All non-structural water quality practices must be protected from disturbance through the construction phase of the project.
(3) All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas, included identified riparian setbacks, must appear on the final plat and be disclosed to potential buyers.
(4) Structural water quality practices. Structural post construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration, or infiltration.
(5) All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control during the development sediments must be removed prior to the basin being used for post construction storm water quality.
(6) Maintenance. The post construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement.
(7) The City of Garfield Heights shall be provided with a copy of the post-construction stormwater management plan for review and approval. Such approved plan shall be recorded at the Cuyahoga County Recorder’s office. Subsequent revisions to the document must be approved by the City Engineer prior to adoption. Also see Chapter 1170, Comprehensive Stormwater Management, for additional requirements for Post-Construction Management. (Ord. 61-2023. Passed 8-14-23.)
1171.10 ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (SWP3).
(a) In order to control sediment pollution of water resources, the applicant shall submit an Abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The Abbreviated SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The Abbreviated SWP3 shall include a minimum of the following BMPs. The Village of Boston Heights may require other BMPs as site conditions warrant.
(1) Construction Entrances: Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete, or cement sized greater than two inches (2") in diameter and placed over a geotextile fabric.
(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be indicated on the plan with proper signage. Use for other waste and wastewater is prohibited.
(3) Street Sweeping: Streets directly adjacent to construction entrances and receiving traffic from the development area shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the state and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days |
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 14 days but less than one year, and not within 50 feet of a stream. | Within 7 days of the most recent disturbance within the area |
Disturbed areas that will be idle over winter | Prior to November 1 |
Areas at final grade | Within 7 days of reaching final grade or within 2 days of reaching final grade for areas within 50 feet of a surface water of the state |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(5) Inlet Protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed on storm water catch basins located on the subject property and, if there is no threat to public safety, on curb inlets closest to the construction entrance, to minimize sediment-laden water entering active storm drain systems, including rear yard inlets.
(6) Silt Fence and Other Perimeter Controls. Silt fence and other perimeter controls approved by the Village Engineer shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in the Construction General Permit.
(7) Internal Inspection and Maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within twenty-four (24) hours after any storm event greater than one-half inch of rain per twenty-four (24) hour period. Maintenance shall occur as detailed below:
A. When BMPs require repair or maintenance. If the internal inspection reveals that a BMP needs repair or maintenance, except for a sediment settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
B. When BMPs fail to provide their intended function. If the internal inspection reveals that a BMP fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended, and the new control practice must be installed within ten (10) days of the inspection.
C. When BMPs depicted on the Abbreviated SWP3 are not installed. If the Internal inspection reveals that a BMP has not been implemented in accordance with the schedule, the BMP must be implemented within ten (10) days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(8) Final Stabilization: Final stabilization is achieved when the site has reached seventy percent (70%) cover and when the Village Engineer approves the site condition.
(9) Notice of Termination (NOT): Once completed and inspected the contractor shall be responsible for submitting the NOT to Ohio EPA for final closure.
(Ord. 61-2023. Passed 8-14-23.)
1171.11 FEES.
The SWP3 and Abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Garfield Heights and the Cuyahoga County SWCD before the review process begins. Please consult with City Engineer and/or Stormwater Program Manager for current fee schedule. Applicants will be charged two hundred fifty dollars ($250.00) for each additional inspection that Cuyahoga County SWCD must conduct if a site has one of the following compliance issues:
(a) Construction activities have started at the site with no SWP3 completed;
(b) Failure to install sediment basin(s) when the SWP3 and/or site drainage clearly indicate as a first step (within seven (7) days prior to grading and within seven (7) days of grubbing);
(c) Failure to implement any sediment/erosion controls; or
(d) Dewatering activities resulting in turbid discharges.
(Ord. 61-2023. Passed 8-14-23.)
1171.12 BOND.
(a) If a SWP3 or abbreviated SWP3 is required by this regulation, soil disturbing activities shall not be permitted until a cash bond or deposit has been deposited with the City of Garfield Heights. The amount shall be a one thousand five hundred dollars ($1,500.00) minimum, and an additional one thousand five hundred dollars ($1,500.00) paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the City of Garfield Heights. The bond will be used for the City of Garfield Heights to perform the plan reviews, inspections, and other obligations to otherwise be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less administrative fees as detailed in the Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the City of Garfield Heights.
(b) A portion of bond (equivalent of cost to apply final stabilization) will be retained until all areas disturbed by construction activity are permanently stabilized and a Notice of Termination (a.k.a. N.O.T.) has been submitted to Ohio EPA and copied to the City of Garfield Heights. Where vegetative growth is used to achieve permanent stabilization, the area shall comply with final stabilization requirements of the Construction General Permit.
(c) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved and signed by the City Engineer.
(Ord. 61-2023. Passed 8-14-23.)
1171.13 ENFORCEMENT.
(a) If the City of Garfield Heights and/or the Cuyahoga County SWCD determines that a violation of the rules adopted under this code exist, the City of Garfield Heights or representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.
(b) All development areas may be subject to external inspections by the City and/or the Cuyahoga County SWCD to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(c) After each external inspection, the City of Garfield Heights and/or the Cuyahoga County SWCD shall prepare and distribute a status report to the applicant.
(e) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation. The penalty is determined by the total number of violations per site even if the violations are for different BMPs.
(1) First Violation: The City Engineer will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three (3) days of the notification. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.
(2) Second Violation: The City Engineer may issue a formal Notice of Violation which includes a five hundred dollar ($500.00) administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three (3) days of the Notice of Violation. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.
(3) Third and subsequent violations: The City Engineer may issue a Stop Work Order for all construction activities and charge a one thousand dollar ($1,000.00) administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls follow the approved SWP3 plan.
(4) Penalties and fines shall be applied per day per violation until corrected.
(f) The City Engineer shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this ordinance.
(g) A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the City of Garfield Heights and the site operator on the
site's compliance status.
(h) The City Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these Rules.
(i) The City Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The City Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(j) The City of Garfield Heights shall not issue building permits for projects regulated under this code without approved SWP3s.
(Ord. 61-2023. Passed 8-14-23.)
1171.14 VIOLATIONS.
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice. (Ord. 61-2023. Passed 8-14-23.)
1171.15 APPEALS.
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Garfield Heights in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with the Ohio Revised Code. Written notice of appeal shall be served on the City of Garfield Heights and a copy shall be provided to the Cuyahoga County SWCD.
(Ord. 61-2023. Passed 8-14-23.)
1171.99 PENALTY.
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City of Garfield Heights instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Garfield Heights.
(Ord. 61-2023. Passed 8-14-23.)
1172.01 PURPOSE AND SCOPE.
The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the City of Garfield Heights through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are:
(a) To prohibit illicit discharges and illegal connections to the MS4.
(b) To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.
(Ord. 62-2023. Passed 8-14-23.)
1172.02 APPLICABILITY.
This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the City of Garfield Heights, except for those discharges generated by the activities detailed in Section 1172.07(a)(1) to (a)(3) of this regulation.
(Ord. 62-2023. Passed 8-14-23.)
1172.03 DEFINITIONS
The words and terms used in this regulation, unless otherwise expressly stated, shall have
the following meaning:
(a) Best Management Practices (BMPs): means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(b) Community: means the City of Garfield Heights, its designated representatives, boards, or commissions.
(c) Environmental Protection Agency or United States Environmental Protection Agency (USEPA): means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
(d) Floatable Material: in general, this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(e) Hazardous Material: means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(f) Illicit Discharge: as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1172.07 of this regulation.
(g) Illegal Connection: means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(h) Municipal Separate Storm Sewer System (MS4): as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(1) Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States;
(2) Designed or used for collecting or conveying storm water;
(3) Which is not a combined sewer; and
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
(j) Off-Lot Discharging Household Sewage Treatment System (HSTS): means a system designed to treat household sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
(k) Owner/Operator: means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or on the owner's behalf.
(l) Pollutant: means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
(m) Storm Water: any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation resulting from such precipitation.
(n) Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(Ord. 62-2023. Passed 8-14-23.)
1172.04 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 62-2023. Passed 8-14-23.)
1172.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation conflicts with other provisions of law or ordinance, the most restrictive provisions, as determined by the City of Garfield Heights, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City of Garfield Heights to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Garfield Heights, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. (Ord. 62-2023. Passed 8-14-23.)
1172.06 RESPONSIBILITY FOR ADMINISTRATION.
The City of Garfield Heights shall administer, implement, and enforce the provisions of this regulation. The City of Garfield Heights may contract with the Cuyahoga County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.
(Ord. 62-2023. Passed 8-14-23.)
1172.07 DISCHARGE AND CONNECTION PROHIBITIONS.
(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow); uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated/debrominated/ desalinated swimming pool discharges; street wash water with dry cleanup method and no detergents to minimize pollutants; discharges or flows from fire-fighting activities (not planned exercises); dye tests. These discharges are exempt until such time as they are determined by the City of Garfield Heights or Ohio EPA to be significant contributors of pollutants to the MS4.
Community charity car washes are considered an occasional event and must follow the following criteria:
A. Applicants are requested to register with the City of Garfield Heights as to the charity being served and location such event shall take place;
B. The event cannot be held more than twice a year per charity;
C. Biodegradable soaps are encouraged; and
D. Any stormwater related literature, provided by the City of Garfield Heights, is requested to be distributed during the event and tracked as to the number of fliers distributed.
Charity car washes are not considered to be a significant contributor to pollutants in the storm sewer system due to the nature of the event and infrequency of the events.
(2) Discharges specified in writing by the City of Garfield Heights as being necessary to protect public health and safety.
(3) Discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 and permitted by the Cuyahoga County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Cuyahoga County Board of Health regulations, until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for household sewage treatment systems existing prior to January 1, 2007. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Cuyahoga County Board of Health. Discharges from new or replacement off-lot household sewage treatment systems installed after January 1, 2007 are not exempt from the requirements of this regulation.
In compliance with the City of Garfield Heights Storm Water Management Program, discharges from all off-lot discharging household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available for systems existing prior to January 1, 2007, discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 will no longer be exempt from the requirements of this regulation.
(b) Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4 or allows such a connection to continue.
(Ord. 62-2023. Passed 8-14-23.)
1172.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The City of Garfield Heights shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and household sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The City of Garfield Heights shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The City of Garfield Heights shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the City of Garfield Heights.
(3) The City of Garfield Heights shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator’s expense.
All devices used to measure storm water flow and quality shall be calibrated by the City of Garfield Heights to ensure their accuracy. The City of Garfield Heights shall keep a record of the monitoring equipment locations through the year and make recommendations for any way to remedy non stormwater flows encountered.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility’s owner/operator at the written or oral request of the City of Garfield Heights and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(5) Unreasonable delays in allowing the City of Garfield Heights access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the City of Garfield Heights/or its designated inspection agent is refused access to any part of the facility from which storm water is discharged, and the City of Garfield Heights demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the City of Garfield Heights may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Any costs associated with these inspections shall be assessed to the facility owner/operator. (Ord. 62-2023. Passed 8-14-23.)
1172.09 ENFORCEMENT.
(a) Notice of Violation. When the City of Garfield Heights finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Garfield Heights may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) The implementation of source control or treatment BMPs; or
(6) Penalties and fines.
(b) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, not to exceed thirty (30) days, a legal action for enforcement may be initiated. A time extension shall be granted by the City of Garfield Heights if the owner/operator and City mutually agree to the terms and conditions necessary to remove the discharge from the system and such agreement shall be provided in the Ohio EPA Annual Report.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City of Garfield Heights shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail. The Board of Zoning Appeals shall be the review board responsible for hearing an appeal through an Administrative Hearing. The Board shall schedule the hearing at their convenience and shall permit the City and accused to make their statements of facts and make an appropriate decision on the final outcome.
(e) Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the City of Garfield Heights may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 62-2023. Passed 8-14-23.)
1172.10 REMEDIES NOT EXCLUSIVE.
The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state, or local law and it is in the discretion of the City of Garfield
Heights to seek cumulative remedies. (Ord. 62-2023. Passed 8-14-23.)
1172.99 PENALTY.
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined up to five hundred dollars ($500.00) per day per occurrence or imprisoned for no more than sixty (60) days, or both, for each offense until the corrective action is resolved to the satisfaction of the City of Garfield Heights. A separate offense shall be deemed committed each day during or on which the violation or noncompliance occurs or continues.
(b) The imposition of any other penalties herein shall not preclude the City of Garfield Heights instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Garfield Heights.
(Ord. 62-2023. Passed 8-14-23.)
1173.01 GENERAL PROVISIONS.
(a) Statutory Authorization . Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the City Council of Garfield Heights, State of Ohio, does ordain as follows:
(b) Findings of Fact. The City of Garfield Heights has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Garfield Heights as identified in Section 1173.01(f), including any additional areas of special flood hazard annexed by City of Garfield Heights.
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and / or maps are adopted:
(1) Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Areas both effective December 3, 2010.
(2) Other studies and / or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Garfield Heights as required by Section 1173.04(c) Subdivisions and Large Developments.
Any revisions to the aforementioned maps and / or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City Hall at 5407 Turney Road, Garfield Heights, Ohio.
(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances including Subdivision Regulations, Zoning or Building Codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.
(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Garfield Heights, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(j) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 86-2010. Passed 12-6-10.)
1173.02 DEFINITIONS.
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(a) Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.
(c) Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one hundred (100) year flood.
(d) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(e) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(f) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(g) Enclosure Below the Lowest Floor. See "Lowest Floor."
(h) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(i) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.
(j) Fill. A deposit of earth material placed by artificial means.
(k) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) Flood Hazard Boundary Map (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
(m) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(n) Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
(1) Zone A:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
(2) Zones A1-30 and Zone AE:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
(3) Zone AO:
Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) Zone AH:
Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
(5) Zone A99:
Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
(6) Zone B and Zone X (shaded):
Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
(7) Zone C and Zone X (unshaded):
Areas determined to be outside the 500-year floodplain.
(o) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(p) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.
(q) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(r) Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(s) Historic structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
(t) Hydrologic and hydraulic engineering analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(u) Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
(1) Letter of Map Amendment (LOMA)
A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR)
A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(3) Conditional Letter of Map Revision (CLOMR)
A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(v) Lowest floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(w) Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(x) Manufactured home park. As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(y) National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(z) New construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Garfield Heights Flood Insurance Rate Map, July 10, 1971, and includes any subsequent improvements to such structures.
(aa) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.
(bb) Recreational vehicle. A vehicle which is:
(1) Built on a single chassis,
(2) 400 square feet or less when measured at the largest horizontal projection,
(3) Designed to be self- propelled or permanently towable by a light duty truck, and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(cc) Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of Ohio R.C. 4703.01 to 4703.19.
(dd) Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.
(ee) Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.
(ff) Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1 30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
(gg) Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(hh) Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ii) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
(jj) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure that is considered "new construction,"
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
(kk) Variance. A grant of relief from the standards of these regulations consistent with the variance conditions herein.
(ll) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(Ord. 86-2010. Passed 12-6-10.)
1173.03 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Building Commissioner is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.
(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(d) Application Required, An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1173.04(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1173.04(d) are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1173.04(i)(3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1173.04(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1173.04(i)(1).
F. Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1173.04(c).
(6) A floodplain development permit application fee set by the schedule of fees adopted by the City of Garfield Heights.
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1173.03(d) has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(f) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section 1173.03(j)(1), a Letter of Map Revision.
(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1173.05 of these regulations.
(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than five thousand dollars ($5,000).
(2) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.
(5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Garfield Heights flood maps, studies and other data accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to submit new technical data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1173.04(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1173.03(j)(1) prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1173.03(j)(1).
(2) Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of City of Garfield Heights, and may be submitted at any time.
(3) Annexation / Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Garfield Heights have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Garfield Heights Flood Insurance Rate Map accurately represent the City of Garfield Heights boundaries, include within such notification a copy of a map of the City of Garfield Heights suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Garfield Heights has assumed or relinquished floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and / or Flood Insurance Study have been provided by FEMA:
A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and /or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and / or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1173.05, Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(l) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structure located in special flood hazard areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 86-2010. Passed 12-6-10.)
1173.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in 1173.01(e);
(a) Use Regulations.
(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Garfield Heights are allowed provided they meet the provisions of these regulations.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1173.04(d).
(8) In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1173.04(d)(1) - (3) and (5) -(8).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1173.04(e)(2)A. and B.
(3) In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
2. An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas that would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of the City of Garfield Heights and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in riverine areas with base flood elevations but no floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
(3) Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Garfield Heights specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1173.03(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(Ord. 86-2010. Passed 12-6-10.)
1173.05 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(1) The Garfield Heights Planning Commission is hereby appointed to serve as the Appeals Board for these regulations as established by City Code.
(2) Records of the Appeals Board shall be kept and filed in City Hall at 5407 Turney Road, Garfield Heights, Ohio.
(b) Powers and Duties.
(1) The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.
(c) Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within 20 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board.
Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C, All applications for variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Garfield Heights.
(2) Notice for public hearing. The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one (1) or more newspapers of general circulation in the community at least ten (10) days before the date of the hearing.
(3) Public hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(4) Variances shall only be issued upon:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
C, A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
D. A determination that the structure or other development is protected by methods to minimize flood damages.
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.
(5) Other conditions for variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1173.05(d)(3)A. to K. have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(f) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 86-2010. Passed 12-6-10.)
1173.06 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit as stated in Section 1173.03(i).
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1173.06(c).
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1173.06(c).
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a first degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Garfield Heights. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Garfield Heights from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Garfield Heights shall prosecute any violation of these regulations in accordance with the penalties stated herein. (Ord. 86-2010. Passed 12-6-10.)
1175.01 PROHIBITION OF SECURITY SHUTTERS.
Except as otherwise provided herein, the use of security gates, bars and/or shutters, is prohibited in the use of Garfield Heights.
(Ord. 50-2015. Passed 11-9-15.)
1175.02 PLANNING COMMISSION REVIEW.
(a) The installation of any security gates, bars and/or shutters shall be granted only after review by the Planning Commission and the issuance of a special permit by the Planning Commission. In reviewing a request for a special permit, the Planning Commission will consider the following without limitation:
(1) That the business has demonstrated to the satisfaction of the Planning Commission that the above items are necessary to protect the people and/or property in the business;
(2) That unprotected windows and doors would be at risk to damage through crime or vandalism to a degree that would constitute a hardship to the operation of the business;
(3) That the proposed security gates, bars and/or shutters are necessary due to actual criminal activity or vandalism at the place of business and/or proximate thereto. (Ord. 50-2015. Passed 11-9-15.)
1175.03 EXTERIOR PLACEMENT PROHIBITED.
In no event shall any security gates, bars and/or shutters be placed or installed on the exterior premises of a business. Such items shall be limited to the interior of the business.
(Ord. 50-2015. Passed 11-9-15.)
1175.04 EGRESS REQUIREMENTS.
All provisions of the Ohio Building Code regarding egress must be complied with.
(Ord. 50-2015. Passed 11-9-15.)
1175.05 PRE-EXISTING NONCONFORMING USE.
All businesses in Garfield Heights who have installed gates, bars and/or shutters under prior permission given by the City of Garfield Heights with respect to its current laws and regulations may continue as a preexisting non-conforming use for so long as the security gates, bars and/or shutters are not taken down or repaired to an extent greater than forty percent (40%) of their value at the time of the repair. If any security gates, bars and/or shutters are replaced or repaired other than as stated herein, the installation will conform to the regulations contained in this ordinance. (Ord. 50-2015. Passed 11-9-15.)
CODIFIED ORDINANCES OF GARFIELD HEIGHTS