Lakewood City Zoning Code
TITLE FIVE
SUPPLEMENTAL REGULATIONS
CHAPTER 1151 Signs in Residential Districts
1141.01 PURPOSE.
Landscaping and screening regulations are established to:
(a) Protect residential and other environments from adverse effects -- such as noise, odors, and dust -- of more intensive adjacent uses;
(b) Protect users of parking areas from excessive wind, glare, and temperature extremes;
(c) Mitigate the adverse effects on public streets and adjacent properties of noise, blowing dust and debris, and glare from motor vehicle headlights and parking area lighting;
(d) Discourage unsafe access to and circulation in parking areas;
(e) Contribute to improved community appearance and property values and preserve and enhance the established character of
Lakewood neighborhoods;
(f) Preserve privacy in residential areas next to non-residential uses and discourage trespass onto such residential properties;
(g) Provide trees and shrubbery that improve the urban environment by cooling the air and land, reducing carbon dioxide in the air, and producing oxygen;
(h) Compensate for the inability, in a densely developed city like
Lakewood, to buffer incompatible uses by use of wide yards and open spaces.
(Ord. 91-95. Passed 10-7-1996.)
1141.02 REQUIRED LOCATIONS AND EXCEPTIONS.
(a) Any multi-family, commercial, or industrial use located on a lot having a rear or side lot line abutting a residential use, or a rear or side lot line abutting a public right-of-way, shall install landscaping and screening along such lot line(s), consistent with this Chapter.
(b) Exceptions:
(1) Screening on abutting lot: No landscaping or screening shall be required along a lot line where adequate landscaping or screening exists along such lot line on the abutting lot(s). If such existing screening is lawfully discontinued, screening on the subject lot consistent with the purposes herein shall be installed within sixty (60) days of the discontinuation.
(2) Below-grade areas: The height of landscaping or screening along a lot line that abuts a below-grade parking or loading area may be reduced by the amount of the difference in grade between the parking or loading area and the grade at the lot line. Such difference in grade shall be the difference between the highest point of the finished grade of the parking or loading area and the mean average of the lot within four (4) feet of the lot line.
(3) Shared driveway: No landscaping or screening shall be required along that portion of a lot line along which there is a driveway or vehicular circulation aisle that is shared with an abutting lot.
(4) Building walls: A blank building wall (no doors, windows, or other openings), or roof exhausts less than ten (10) feet from a property line along a lot line shall qualify as screening for purposes of this Chapter if its location is legally non-conforming or is permitted pursuant to this Code.
(5) Line of sight hazard: Landscaping and screening shall not create a sight hazard, as determined by the City Traffic Engineer.
(Ord. 91-95. Passed 10-7-1996.)
1141.03 LANDSCAPING PLAN.
(a) For any use required to provide landscaping and screening, a landscaping plan shall be filed with an application for:
(1) Any rezoning (map amendment);
(2) Any conditional use;
(3) Any variance which must be approved by the Board;
(4) Any lot split or consolidation;
(5) Any building permit for a project which must be reviewed by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code; or
(Ord. 91-95. Passed 10-7-1996.)
(6) Any wireless telecommunication facility pursuant to subsection 1159.05(e);
(Ord. 24-98. Passed 5-18-1998.)
(7) Any Sexually Oriented Business pursuant to subsection 1163.05(a);
(Ord. 91-95. Passed 10-7-1996.)
(8) Any Mixed Use Overlay District pursuant to Section 1135.09;
(9) Any Planned Development pursuant to subsection 1156.05(f).
(Ord. 61-04. Passed 7-6-2004.)
(b) It shall be the duty of the Architectural Board of Review to review the landscape plan to determine whether said plan is consistent with the purposes of this Chapter. The Architectural Board of Review may approve a landscape plan, which it finds to be consistent with the purposes of this Chapter.
(Ord. 91-95. Passed 10-7-1996.)
1141.04 LANDSCAPING AND SCREENING MATERIALS.
(a) Screening, approved by the Architectural Board of Review, may take the form of:
(1) A landscaped earthen berm a minimum of two (2) feet high plus plantings a minimum of two (2) feet high (a total of four [4] feet high) at all points;
(2) A concrete or masonry wall;
(3) A wood, wrought iron, tubular steel, or similar fence compatible with the character of the area in which the fence is to be placed;
(4) A compact hedge or other live evergreen vegetative barrier; or
(5) A combination thereof.
Fences and walls used to meet screening requirements shall display a finished face toward adjacent streets and properties.
(b) All varieties of living landscape materials used shall be:
(1) Healthy, hardy, and drought-resistant consistent with the availability of water for artificial irrigation; and
(2) Suitable for the climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes, and road salt; and
(3) Compatible with the slope of the site, with existing vegetation to be preserved and with utility lines above or below ground level; and
(4) Not prone to cause a nuisance within the public right-of-way as a result of dropping fruit or debris other than leaves; and
(5) Protected from pedestrian or vehicular traffic by grates, pavers, or other measures, where vulnerable to damage.
(c) Grass or other ground cover shall be planted over all landscaped strips including earthen faces of berms -- except in areas planted in flowers, shrubs, or trees -- so as to present a finished appearance and reasonably complete coverage within three (3) months after planting.
Non-living landscaping materials such as sand, stones, rocks, or barks may be substituted for living cover on strips which are six (6) feet or less in width and may cover a maximum of thirty percent (30%) of the landscaped area in other instances. No artificial plants or artificial turf shall be used.
(Ord. 91-95. Passed 10-7-1996.)
1143.01 PURPOSE.
The purpose of this chapter is to establish flexible vehicle parking requirements that support the Vision to provide safe, convenient, and integrated transportation options throughout the City. Parking requirements are based on the needs of the community and consider the context of the neighborhood, transit availability, on-street parking, density, mix of uses, walkability, and the use of alternative modes of transportation. Parking requirements are designed to accommodate average day-to-day demand, as opposed to peak demand, in order to reduce excessive off-street parking and free up land for more economically productive or environmentally conscious uses.
(Ord. 36-14. Passed 1-20-2015.)
1143.02 GENERAL PROVISIONS.
(a) For every building hereafter erected or expanded, or where the use is changed or enlarged, there shall be provided parking as set forth in this chapter.
(b) No permits shall be issued for any building, improvement or use of land, including, but not limited to, building permits and certificates of code compliance, until a parking plan is submitted to the Director showing such parking spaces, as defined in Section 1103.02 of this Zoning Code, as is hereunder required. Such plan shall be prepared at a reasonable scale, showing property lines, the dimensions of the property, the size and arrangement of all parking spaces, the means of ingress and egress to such parking spaces from the street and interior circulation within the property, the extent of any change required in existing site conditions to provide required parking spaces and such other conditions as may be necessary to permit review and approval of the proposed parking spaces.
(c) Off-street, on-site parking spaces for all uses as required by this chapter shall be designed and maintained in accordance with applicable sections of the Code so as to be safe, attractive and free of hazard, nuisance or other unsafe condition.
(d) Unenclosed parking spaces shall not be used for repair of a motor vehicle.
(e) Parking for all motor vehicles shall be on an improved surface of concrete, asphalt or other materials approved by the Commissioner.
(Ord. 39-18. Passed 5-6-2019.)
1143.03 DETERMINATION OF REQUIRED OFF-STREET PARKING SPACES.
(a) Where floor area is designed as the standard for determining parking space requirements, floor area shall be computed on the gross floor area (GFA), in square feet, of all floors of the building, including the exterior walls.
(b) Where number of employees is the standard for determining parking space requirements, employees shall mean the regular working staff (paid, volunteer or otherwise) at maximum strength per shift and in full-time-equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.
(c) The number of parking spaces required will be computed to the next largest number.
(d) In the case of mixed uses or more uses as listed in Section 1143.04, the total parking spaces shall be equal to the requirements of various uses computed separately.
(e) Cumulative parking requirements for mixed-use occupancies may be reduced upon review and approval by the Commission where it can be determined that the peak requirement of the several occupancies occurs at different times (either daily or seasonally).
(Ord. 36-14. Passed 1-20-2015.)
1143.04 USE CATEGORIES.
For the sole purpose of calculating parking requirements, uses are defined as follows:
(a) Commercial.
(1) Car wash: includes facilities for washing, waxing and cleaning of vehicles and vehicle components but expressly prohibiting facilities or equipment for the repair, overhaul or storage of motor vehicles or vehicle components.
(2) Commercial lodging: includes hotels, motels, motor lodges and motor courts.
(3) Office: includes buildings for business, professional, administrative or medical office use. A general office is characterized by a low proportion of vehicle trips attributable to visitors or clients in relationship to employees.
(4) Retail: includes sale or service to the final consumer for direct consumption or an establishment providing retail sale of products or services to the public.
(5) Storage/warehouse: includes storage facilities and mini warehouse facilities with secured, individual storage units, which are leased for a fee to individual companies or persons.
(b) Industrial: includes manufacturing, distribution, processing, assembly and packaging facilities of all types.
(c) Institutional: includes buildings of all types and facilities used by public, quasi-public or nonprofit agencies that serve or assist the public or provide an accepted public purpose, including hospitals and health centers.
(d) Residential.
(1) Single-family structures: includes detached houses and duplexes, townhouses, and clustered dwelling units that may be attached but have separate entrances.
(2) Multi-family structures: includes condominium and apartment buildings with common entranceways and/or parking areas for two or more dwelling units.
(3) Senior housing: includes any multifamily dwelling occupied 90 percent or more by elderly persons, as defined by U.S. Department of Housing and Urban Development.
(4) Sleeping rooms: includes boarding houses, lodging houses, rectories and convents, and rooms that are rented or used on an individual basis by non-family members.
(5) Group, convalescent or nursing homes and assisted living: includes residences where unrelated persons reside under supervision for special care, treatment, training or other purposes on a temporary or permanent basis.
(6) Day-care centers: includes facilities where unrelated persons are cared for during limited periods each day in a supervised facility.
(e) Public Assembly: includes all buildings or portions of buildings, used for gathering together 100 or more persons for such purposes as deliberation, worship, entertainment, eating, drinking or amusement. Examples of assembly include, but are not limited to, large meeting rooms and classrooms, auditoriums with fixed or loose chair seating, multi-purpose rooms, concert halls, and theaters. Restaurants, or other rooms used primarily for the service of food are not places of public assembly.
(f) Wireless Telecommunication Facilities: includes facilities defined pursuant to Section 1159.05(1).
(j) Drive-through facilities: includes fast-food restaurants, financial institutions, car washes and drug stores.
(Ord. 36-14. Passed 1-20-2015.)
1143.05 SCHEDULE OF USES AND SPACE REQUIREMENTS.
The Director is hereby authorized to determine the off-street parking requirements for uses not specifically listed in Schedule 1143.05, based on the most similar use or uses that is or are listed. Such determination by the Director shall be in writing and shall be appealable per Section 1173.03.
SCHEDULE OF USES AND SPACE REQUIREMENTS | |
Uses | Parking Space Requirement |
Residential | |
Single-, Two-, Three-Family | Min. 1/dwelling unit; no max; 1 required space shall be in a garage. The front yard shall not be used for off-street parking except in the Lagoon District. |
Type B Home Occupation | Minimum is same for residential use; max. of 3, in addition to requirement for residential use. |
Bed & Breakfast | Minimum is same for residential use; max. 1/guest room, in addition to requirement for residential use. |
Multi-Family, Studio, 1 Bedroom, 2+ Bedroom | Min. of 1/dwelling unit; max. of 2/dwelling unit. The front yard shall not be used for off-street parking except in the Lagoon District. |
Sleeping Rooms | Min. of .5/roomer; max. of 1/roomer |
Senior Housing | Min. of .5/employee; max. of 1/employee or .25/dwelling unit |
Group/Nursing/Convalescent/Assisted Living Home | Min. of .5/employee; max. of 1/employee or 1 space/bed |
Day Care | Min. of .5/employee plus 4 drop off spaces; Max. of 1/employee plus 8 drop off spaces. |
Uses | Parking Spaces Requirement |
Commercial | |
Retail* | Min. 1 for each 1,000 sq. ft. GFA; max. 2.5 for each 1,000 sq. ft. GFA |
Office* | Min. 2 for each 1,000 sq. ft. GFA; max. 3.5 for each 1,000 sq. ft. GFA |
Car Wash | No min.; max. of 1/employee |
Storage/Warehouse | Min. of 1/employee; max. of 1.5/employee |
Commercial Lodging | Min. of .5/room; max. of 1/room |
*Businesses occupying existing building or tenant spaces under 2,500 sq. ft. are not required to provide off-street parking. | |
Industrial | |
Any use described in Section 1131.02 | Min. of .25/employee; max. 1.5/employee. |
No min.; max. 1/facility | |
Institutional | |
Elementary, Secondary and High Schools, College, Trade School | As required by the Commission per Section 1143.09 |
Church | As required by the Commission per Section 1143.09 |
Hospital | As required by the Commission per Section 1143.09 |
Public Recreation | As required by the Commission per Section 1143.09 |
Other | |
Public Assembly | As required by the Commission per Chapter 1143 |
Wireless Telecommunication Facilities | |
Sexually Oriented Businesses | Pursuant to Section 1163.06 |
Mixed Use Overlay District | |
Planned Development | |
(Ord. 16-16. Passed 3-7-2016.)
1143.06 UNLICENSED, IMMOBILIZED VEHICLES.
No person shall store or permit to be stored, for a period of more than three consecutive days, and motor vehicles not having current year license plates or damaged or immobilized so as to render it incapable of being moved under its own power, upon any lot or land designated as within any district, unless the same shall be in a completely enclosed building or garage. "Motor Vehicle" shall have the same meaning as in Ohio R.C. 4501.01. This section shall not apply to motor vehicle sales lots.
(Ord. 36-14. Passed 1-20-2015.)
1143.07 APPLICABILITY.
The Director shall enforce the provisions of Chapter 1143, or such other persons as the Director may designate, and may ask for advisement from the Commission on manners related to parking.
(Ord. 36-14. Passed 1-20-2015.)
1143.08 PARKING LOT DESIGN.
Parking lots, as defined in Section 1103.02 of this Zoning Code, in the Multiple-Family, Low Density Districts (ML), and Multiple-Family High Density Districts (MH) Commercial Districts, C1 Office, C2 Retail, C3 General Business, C4 Public School, and the Industrial (I) District, are regulated pursuant to Section 1325.08 of the Building Code.
(Ord. 36-14. Passed 1-20-2015.)
1143.09 PARKING PLAN REVIEW: PLANNING COMMISSION.
(1) Impact on central character of residential neighborhoods taking on overflow parking;
(2) Available surface parking lots in the neighborhood that could be used for shared parking;
(3) Similarly scaled projects throughout the City to compare parking footprint:
(4) When a restaurant use is proposed, the total number of tables to parking spaces:
(5) Total number of employees:
(6) Alternative forms of transportation available in the neighborhood;
(7) Implementation of bicycle facilities, including but not limited to, bicycle racks, covered bicycle parking, and shower facilities for employees;
(8) Peak demand for parking spaces from all uses compared to the total supply of spaces:
(9) Traffic impact analysis and/or a traffic demand study;
(10) For uses defined as Institutional or Public Assembly in Schedule 1143.05, the following guidelines:
A. One space for each 80 square feet of all auditoria and public assembly rooms: and
B. One space for each employee.
(Ord. 36-17. Passed 2-5-2018.)
1143.10 EXCEPTIONS TO REQUIRED MINIMUMS.
The number of parking spaces required may be reduced in accordance with the following credits as determined by the Commission when reviewing an application for a reduction to the minimum number of parking spaces required per Schedule 1143.05.
(a) For uses defined as Commercial in Section 1143.04, the Commission may consider the following:
(1) One space credit for each off-site parking space which is owned or rented by the property or business owner for the purpose of providing parking to the subject property. Such off-site spaces shall be located within 1,000 feet of the use, as measured by using the shortest pedestrian route from the nearest corner of the parking space or lot to the main public entrance of the use served.
(2) One space credit for each off-site parking space provided by valet parking service. The property or business owner shall submit to the department written documentation of permission to use an off-site parking for valet parking. The Director may request a review of the agreement as often as annually to ensure compliance.
(3) One space credit for each space in a parking lot or parking structure provided for public use located within 1,000 feet, as measured by using the shortest pedestrian route from the nearest corner of the parking lot or structure to the main public entrance of the use served.
(4) A determination by the Director is made that there is no change in use and the same parking facilities are in place.
(b) For uses defined as Residential in Section 1143.04, the Commission may consider the applicant's implementation of an improvement to the property that aligns with the general goals and objectives as described in the Vision including, but not limited to, the following:
(1) Improvements to the property that may reduce carbon emissions and improve energy efficiency using environmental best management practices (BMPs) promulgated by the Enviromnental Protection Agency;
(2) Storm water management techniques such as bio-swales, rain gardens, and pervious pavements:
(3) A shed or storage building on site tor landscaping equipment and additional storage:
(4) An innovative landscaping plan, considered to be over and above the landscaping requirements as typically required by the Architectural Board of Review, which may include plant, flower and tree type, size, design, location and irrigation;
(5) For properties not connected properly to the City's sanitary and storm system per Section 913.05, necessary improvements made by the applicant to connect correctly.
(Ord. 36-14. Passed 1-20-2015.)
1143.11 EXCEPTIONS TO REQUIRED MAXIMUMS.
The number of parking spaces provided may exceed the maximum specified per the following options as determined by the Commission when reviewing an application to exceed the maximum number of parking spaces allowed per Section 1143.05.
(a) One space increase for each space located in a parking structure.
(b) Implementation of additional measures that control the flow of stormwater runoff on the project site pursuant to BMPs by:
(2) Projects that disturb an area less than 8,000 square feet may use this exception.
(c) Installation of a streetscape improvement for public use, which streetscape improvement shall require approval by the Architectural Board of Review, including, but not limited to:
(1) A transit waiting environment along an existing bus route:
A. The transit waiting environment shall take into consideration design guidelines for transit waiting environments produced by the local transit authority, and any other design guidelines or standards as recommended by the administration or City Council;
B. The location of the transit waiting environment is to be determined by the Director or such other persons as the Director may designate.
(2) Public art installation;
(3) Public pedestrian seating, street trees or decorative street lighting.
(d) Implementation of an innovative landscaping plan, considered to be over and above the landscaping typically required by the Architectural Board of Review, with consideration given to plant, flower, and tree type, size, design, location and irrigation as part of the landscape plan.
(e) Evidence that the property or business owner will make its parking lot available for shared parking with neighboring businesses.
(Ord. 86-14. Passed 1-20-2015.)
1143.12 BICYCLE PARKING REQUIREMENTS.
All uses defined as Retail or Office shall provide bicycle parking, in conformance with the following standards:
(a) One bicycle parking space per 2,500 square feet shall be provided for uses defined as Retail or Office;
(b) Required bicycle parking shall be provided in a safe, accessible and convenient location:
(c) The bicycle space shall be within 250 feet of at least one main entrance of the building, as measured along the most direct pedestrian access route, except that bicycle spaces already installed within 250 feet of one main entrance shall count towards the bicycle parking requirement;
(d) There must be an aisle at least five feet wide behind all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; and
(e) Bike rack design shall follow the recommendations in the Association of Pedestrian and Bicycle Professionals (APBP) Bicycle Parking Guidelines or similar guidelines.
(Ord. 86-14. Passed 1-20-2015.)
1143.13 STACKING SPACE REQUIREMENTS.
Stacking spaces not specified shall be determined on an individual basis by the Commission. The following business uses shall be subject to the following tacking requirements:
(a) Banks, pharmacies or other low to moderate uses: two stacking spaces per lane:
(b) Gas stations: two stacking spaces per gas pump island;
(c) Car washes: five stacking spaces per car wash lane;
(d) All other uses defined as commercial with a drive-through lane: 10 stacking spaces per drive-through lane.
(Ord. 36-14. Passed 1-20-2015.)
1145.01 DEFINITIONS.
(a) TYPE A HOME OCCUPATION means a home occupation as an accessory use where the home is used by those residing therein as a place of work; no customers or non-resident employees come to the home.
(b) TYPE B HOME OCCUPATION means a home occupation as an accessory use where the home is used by those residing therein as a place of work, and where one (1) non-resident employee and customers come to the home.
(c) BOUTIQUE means a temporary home occupation wherein customers purchase crafts and other similar goods made on the premises by the person(s) living within the dwelling unit. See Section 1145.04.
(Ord. 91-95. Passed 10-7-1996.)
1145.02 REGULATIONS.
(a) The home occupation shall occupy no more than fifteen percent (15%) of the habitable floor area of the dwelling, as defined in the Building Code.
(b) No sign or display advertising the presence of the home occupation and visible from the public right-of-way shall be permitted.
(c) The home occupation shall be conducted entirely within the principal structure.
(d) The home occupation shall not interfere with the off-street parking required for the principal use pursuant to Chapter 1143.
(e) The home occupation shall not necessitate any structural alteration, any alteration to an elevation of the structure, or the installation of additional parking surfaces.
(f) The home occupation shall not necessitate any variance to the Building Code.
(g) The home occupation shall not generate any noise, fumes, dust, odors, or electrical interference, which may be transmitted outside the dwelling unit.
(h) Goods shall not be displayed to or picked up by the customer at the site of the home occupation.
(Ord. 91-95. Passed 10-7-1996.)
1145.03 ADDITIONAL REGULATIONS FOR TYPE B HOME OCCUPATIONS.
1145.04 BOUTIQUES.
(a) Permits Required:
(1) No Boutique shall operate without a valid permit issued by the Commissioner; the fee for said permit shall be as set forth in the fee schedule established pursuant to Section 1173.06.
(2) No permit shall be issued pursuant to this Chapter to any person not a resident of the dwelling unit for which the permit is issued; a tenant applying for a permit pursuant to this Section shall provide a letter signed by the property owner allowing such accessory use.
(3) No more than one (1) permit per calendar year shall be issued pursuant to this Chapter for any dwelling unit.
(b) Regulations:
(1) No person shall operate a Boutique for more than three (3) consecutive days.
(2) No person shall operate a Boutique other than between the hours of 9:00 a.m. and 9:00 p.m. Monday through Friday, and 12:00 noon and 6:00 p.m. Saturday and Sunday.
(Ord. 91-95. Passed 10-7-1996.)
1147.01 DEFINITIONS.
As used in this Chapter, “recreational equipment and other vehicles” shall include but is not limited to the following:
(a) TRAVEL TRAILER, a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer;
(b) PICK-UP CAMPER, a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it as suitable for use as a temporary dwelling for travel, recreational and vacation uses;
(c) MOTOR HOME, a portable dwelling designed and constructed as an integral part of a self-propelled vehicle;
(d) FOLDING TENT TRAILER, a folding structure mounted on wheels and designed for travel and vacation use;
(e) BOATS and BOAT TRAILERS, including but not limited to jet ski’s and rafts, plus the normal equipment to transport same on a public roadway;
(f) ANTIQUE MOTOR VEHICLE, including “collector’s vehicles” licensed pursuant to O.R.C. 4503.45 and “historical motor vehicles” licensed pursuant to O.R.C. 4503.181;
(g) LICENSED PRIVATE TRAILER designed and intended to haul personal property;
(h) OTHER RECREATIONAL EQUIPMENT, including but not limited to snowmobiles, parade floats, and other such equipment as determined by the Commissioner.
(Ord. 91-95. Passed 10-7-1996.)
1147.02 REGULATIONS.
No person shall park or store, or permit to be parked or stored, recreational equipment upon any lot or land within any zoning district except as hereinafter provided.
(a) Recreational equipment or other vehicle(s) greater than thirty (30) feet in length shall not be parked or stored on any lot or land within any district except inside a garage or other building.
(b) Recreational equipment and other vehicle(s) shall not have fixed connections to electricity, water, gas or sanitary sewer facilities, and at no time shall such equipment be used as a dwelling unit, or for storage or housekeeping purposes in the
City.
(c) If the recreational equipment or other vehicle(s) is parked or stored outside of a garage, it shall be parked or stored in the rear yard of the principal building, on an improved parking surface, except for the purpose of loading and unloading for a period not to exceed thirty-six (36) consecutive hours; parking recreational equipment in a front or side yard area shall not be deemed a permitted accessory use.
(d) All recreational equipment and other vehicle(s) must be kept in good repair and, where applicable, carry a current year’s license plate and registration.
(e) No person shall make or cause to be made major repairs, alterations or conversions of any motor vehicle(s), recreational equipment or other vehicle(s) unless such repair, alteration or conversion is done in a completely enclosed garage. “Repairs of a major type” is herein defined to include, but is not limited to, spray painting, body, fender, clutch, transmission, differential, axle, plumbing, heating, spring and frame repairs, radiator repair, major overhauling of engines requiring the removal of engine cylinder head or crankcase pan or removing the motor, and conversion of any other type of motor vehicle(s) to recreational equipment or other vehicle(s) as herein defined.
(Ord. 91-95. Passed 10-7-1996.)
(f) Recreation equipment not in excess of thirty-one (31) feet in length may be stored in the rear yard only, on an improved parking surface, on property where the owner is living.
(Ord. 24-98. Passed 5-18-1998.)
1149.01 PURPOSE.
Within the districts established by this
Code or amendments that may later be adopted there exists lots, structures, and uses of land and structures which were lawful prior to adoption of this Code but which would be prohibited, regulated, or restricted under the terms of this Code or amendments thereto. The legitimate interests of those who lawfully establish these non-conformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution. Nevertheless, while it is the intent of this Code that such non-conformities be allowed to continue until removed, they should not be encouraged to survive. Nothing in this Chapter shall require any change in the plans, construction, or designated use of a building or accessory structure or use for which a valid building permit has been issued prior to the effective date of adoption or amendment of this Code if construction has been diligently started within six (6) months of the date of the permit and the entire structure is completed according to the plans on file with the Commissioner within two (2) years of the date of the permit.
(Ord. 91-95. Passed 10-7-1996.)
1149.02 NON-CONFORMING USE OF LAND (OR LAND WITH MINOR STRUCTURES).
Where at the time of adoption of this
Code lawful use of land exists which would not be permitted by the regulations imposed by the Code, and where such use involves no individual structures with replacement cost exceeding $3,000.00, the use may be continued so long as it remains otherwise lawful, provided:
(a) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this
Code.
(b) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this
Code.
(c) If any such non-conforming use of land ceases for any reason for a period of six (6) months, any subsequent use of such land shall conform to the regulations specified by this
Code for the district in which such land is located.
(d) No additional structure not conforming to the requirements of this
Code shall be erected in connection with such non-conforming use of land.
(Ord. 91-95. Passed 10-7-1996.)
1149.03 NON-CONFORMING USE OF STRUCTURES OR STRUCTURES AND LAND IN COMBINATION.
If lawful use involving individual structures with a replacement cost of $3,000.00 or more, or of structures and land in combination, exists at the effective date of adoption or amendment of this
Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) The Commission may, at public hearing and following the notice procedures for use variance(s) set forth in Section 1173.04, authorize the expansion of a non-conforming structure or use a maximum of 2,000 square feet or up to twenty percent (20%) of the existing floor area, whichever is greater, where the Commission finds:
(1) That side and rear yards a minimum of ten (10) feet wide/deep will be maintained along lot lines abutting conforming uses; the Commission may require larger side or rear yards where necessary to effectively insulate abutting conforming uses from the non-conforming use.
(2) That landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, will be provided.
(3) That expansion of the non-conforming use will not have a substantial negative impact on the surrounding area; when determining whether the expansion will have a substantial negative impact, the Commission may consider, but is not limited to, the following:
A. Traffic patterns and generation, including on-site loading and unloading areas;
B. Parking;
C. Lighting;
D. Whether there will be a substantial increase in the generation of noise, vibrations, or fumes; and
E. Existing public services.
When considering whether to authorize the expansion, the Commission may consider any other factors it deems relevant.
(b) Any non-conforming use may be extended throughout any part of a building, which was manifestly arranged or designed for such use at the time of adoption, or amendment of this
Code, but no such use shall be extended to occupy any land outside such building.
(c) If no structural alterations are made, any non-conforming use of a structure or structure and land may, as a conditional use, be changed to another non-conforming use provided the Commission makes the following findings:
(1) That the proposed use is more appropriate and compatible with the neighborhood than the existing use;
(2) That there will be reduction in traffic if the existing use created a traffic problem.
In permitting such change the Commission may require appropriate conditions and safeguards that it deems necessary to protect and improve the neighborhood.
(d) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to all of the regulations for the district, and the non-conforming use shall not thereafter be resumed.
(e) When a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned intentionally or otherwise for a period of six (6) consecutive months (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(f) A non-conforming structure or use more than fifty percent (50%) destroyed or removed by whatever means shall not be restored or replaced except by a conforming structure or use.
(Ord. 91-95. Passed 10-7-1996.)
1149.04 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this
Code that could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, provided that no such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(a) Such non-conforming structure or non-conforming portions of a structure more than fifty percent (50%) destroyed or removed by whatever means shall not be restored or replaced except by a conforming structure or use.
(b) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 91-95. Passed 10-7-1996.)
1149.05 NON-CONFORMING LOTS.
(a) Where any single non-conforming lot in a residential district which existed prior to adoption of this
Code is in separate ownership and not of continuous frontage with other lots in the same ownership:
(1) A single-family dwelling and other accessory structures permitted under Chapter 1121 may be constructed on such lot.
(2) This subsection (a) shall apply even though such lot fails to meet the requirements for area and/or frontage that are generally applicable to the district; requirements of Chapter 1121, other than those applying to area and/or frontage, shall apply to such lot.
(3) Variances to requirements other than lot area or frontage shall be obtained pursuant to the procedures set forth in Section 1173.04.
(b) Where two (2) more lots or any combination of lots and portions of lots with continuous frontage are in single ownership, and such lots do not meet the area or frontage requirements of the district in which they are located, such lots shall be considered a single zoning lot for purposes of this
Code.
(1) No portion of such zoning lot shall be used or sold in a manner, which diminishes compliance with the area or width requirements for the district in which the zoning lot is located.
(2) Re-subdivision of such zoning lot to create a lot, which does not meet the area or frontage requirements of this
Code, is prohibited.
(Ord. 91-95. Passed 10-7-1996.)
1149.06 REPAIRS AND MAINTENANCE.
On any non-conforming structure or portion of a structure containing a non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. If a non-conforming structure or portion of a structure containing a non-conforming use is physically unsafe or unlawful due to lack of repairs and maintenance and is declared by the Commissioner to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located. This Section shall not apply to single- and two-family dwellings. Nothing in the
Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof.
(Ord. 91-95. Passed 10-7-1996.)
1153.01 DEFINITIONS.
(a) FENCE means an unroofed structure, including a living fence, erected in such a manner and in such a location as to enclose, secure, partially enclose or secure, provide privacy for, decorate, define, or enhance all or any part of a lot.
(b) LIVING FENCE means a grouping of plants including, but not limited to, hedges, shrubs, bushes, or trees, arranged and/or growing in such a manner as to enclose, secure, partially enclose or secure, provide privacy for, decorate, define, or enhance all or any part of a lot.
(c) YARD, CORNER SIDE means a yard, occurring on a corner lot, which is adjacent to a public or private street, extending from the front foundation wall of the building on the side facing the street to which it is addressed, to the rear lot line as determined by the Building Commissioner, and extending from the side foundation wall to the public or private right-of-way.
(Ord. 08-2021. Passed 5-17-21.)
1153.02 REGULATIONS.
Pursuant to Section 1306.62, a permit must be obtained prior to installing a new fence, replacing a fence, or modifying the location, height, material, type, style or other changes not considered a repair of any existing fence. The Building Commissioner has the authority to establish permit requirements and conditions required to ensure any application for permit conforms to the requirements of this section.
(Ord. 08-2021. Passed 5-17-21.)
1153.03 FENCE PLACEMENT AND TYPES.
(a) Location. The property owner installing or modifying a fence shall determine their own property lines and ascertain that the fence or wall as constructed does not deviate from the plans as approved by the Building Commissioner and does not encroach upon another lot. The issuance of a permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed herein. Fences and walls may be placed adjacent to a property line, but not on a property line.
(b) Placement.
(1) To the extent possible, two fences or walls should not be placed back-to-back along a common property line. Every effort should be made to utilize the existing fence or wall. Otherwise, there shall be no separation between the two fences or walls, or a minimum separation of two feet between fences or walls shall be provided for the maintenance of the fences or walls and the ground area between the two fences or walls.
(2) Wherever a public or private sidewalk or right-of-way and a driveway intersect, no part of a fence greater than thirty-six inches above grade shall be within eight feet of the intersection of the driveway and sidewalk or right-of-way.
(c) Front Yards. No fence shall be erected, placed or extended in front of the front foundation wall of the primary structure. There are two exceptions:
(1) Along a side property line where a residential use abuts a lot containing a non-residential use, upon determination by the Building Commissioner that such a fence does not obstruct the view of vehicle or pedestrian traffic or constitute a hazard. Maximum height of such fence is forty-eight inches above grade. Fence must be a minimum of twelve inches from the right-of-way.
(2) A fence erected in the front yard and parallel to the public right-of-way may be permitted provided that:
A. The maximum height shall be thirty-six inches above grade.
B. The maximum length of the fence shall not exceed fifty-five percent of the foundation wall of the primary structure facing the public right-of-way.
C. The maximum distance from any portion of the primary structure, including porches, shall be eight feet.
D. The minimum distance from the public right-of-way shall be ten feet.
E. No gate shall be included in the fence.
(d) Rear and Side Yards. A fence a maximum of seventy-two inches above grade may be installed. Whenever a rear or side yard of a residential use abuts a lot containing a non-residential use a fence a maximum of ninety-six inches above grade may be installed provided any portion above seventy-two inches is a minimum of twenty-five percent open to the through passage of light and air between abutting properties.
(e) Corner Side Yards. In a corner side yard, the following fences, except a chain link fence, are permitted:
(1) Any fence allowed in a rear and side yard may be erected no closer than five feet from public or private right-of-way.
(2) A fence a maximum of forty-eight inches above grade and a minimum of fifty percent open to the through passage of light and air may be erected no closer than twelve inches from the public or private right-of-way.
(Ord. 08-2021. Passed 5-17-21.)
1153.04 ADDITIONAL FENCE REGULATIONS.
(a) Fences shall be of durable materials conforming to accepted industry standards for fencing materials and display a finished face toward adjacent streets and properties and shall not be adorned with signs, graphics, or paintings of any kind.
(b) All repairs or partial replacements to any part of an existing fence must match and conform to the existing size, shape, materials, and color or the entire fence shall be replaced completely.
(c) Fences and living fences immediately adjacent to a property line shall not be included in the calculation of total principal or accessory structure lot coverage.
(d) Fences enclosing swimming pools shall be permitted, pursuant to Section 1722.08.
(e) A security fence is permitted as regulated by Section 1159.05(i)(1).
(f) Barbed wire and/or razor fences:
(1) Are prohibited in residential and commercial zoning districts;
(2) Are permitted in industrial zoning districts provided that such fences shall be of chain link construction topped with barb arms with no more than three strands of barbed wire; said arms to be no less than seventy-two inches and no more than ninety-six inches above grade.
(g) Temporary construction fence for the protection of pedestrians during excavation and construction shall be approved by the Building Commissioner as part of the demolition or construction plan (See Ohio Building Code Chapter 33 for guidance). Temporary construction fencing shall remain in place until construction and all inspections are complete as certified by the Building Commissioner and must be removed upon such certification.
(h) Fences are permitted in Planned Development Districts pursuant to Section 1156.05(k).
(i) The Building Commissioner may require Architectural Board of Review (ABR) review and approval of any fence design. ABR shall consider fence designs depicted in the most recent edition of the American Institute of Architects' "Architectural Graphic Standards" and the development of adjacent, contiguous, and neighboring buildings, and properties in order to achieve the purposes of the ABR as set forth in Chapter 1325.
(Ord. 08-2021. Passed 5-17-21.)
1155.01 PURPOSE.
The Subdivision Regulations are intended to provide for the harmonious development of the
City, ensuring that the subdivision of land occurs in accordance with the provisions of this Code.
(Ord. 91-95. Passed 10-7-1996.)
1155.02 DEFINITIONS.
(a) LOT, SUBLOT, AND PARCEL mean an area of land described in documents properly recorded in the records of the Cuyahoga County Recorder, bearing a unique permanent parcel number.
(b) SUBDIVISION means a division of any parcel of land shown as a unit or as contiguous units in the current records of the Cuyahoga County Recorder into two (2) or more lots, parcels, sites or other division of land, any one of which is five (5) acres or less, for the purpose, whether immediate or future, of transfer of ownership, including:
(1) MINOR SUBDIVISION which means the division of a parcel of land along an existing public street not involving the opening, widening or extension of any road or street, and involving not more than five (5) proposed lots.
(2) MAJOR SUBDIVISION which means the division of a parcel of land into two (2) or more lots when such subdivision involves the opening, widening or extension of any street, or any division of a parcel into more than five (5) lots.
(c) RESUBDIVISION means a reconfiguration of three (3) or more lots, which were previously established by recorded subdivision.
(d) LOT CONSOLIDATION means the joining together of two (2) or more existing lots or parcels to create a new single parcel.
(e) LOT SPLIT means the separation of part of an existing lot or parcel from the remainder.
(f) LOT SPLIT AND CONSOLIDATION means the reconfiguration of two (2) lots, which were previously established by recorded subdivision.
(Ord. 91-95. Passed 10-7-1996.)
1155.03 GENERAL REQUIREMENTS.
(a) Plat Drawing. The plat drawing shall be prepared in accordance with Ohio Administrative Code Chapter 4733-37 (Minimum Standards for Boundary Surveys in the State of Ohio) by a professional surveyor registered in Ohio. It shall be drawn on polyester drafting film (mylar) with India ink to an appropriate scale. It shall be not smaller than eighteen (18) inches by twenty-four (24) inches or larger than twenty-four (24) inches by thirty-six (36) inches and shall contain the following:
(1) Overall dimensions of the existing parcel(s) and the length and direction of each new lot line, street or easement.
(2) Monuments set along the subdivision boundaries and street center line control points within the subdivision.
(3) Sublot or parcel numbers/letters in progressive order, utilities and drainage easements and building lines.
(4) Surveyor’s certification and reproducible seal.
(5) Permanent parcel number, owner’s name and current deed volume and page for all adjoining parcels.
(6) Owner’s acceptance of plat and subdivision and (where necessary) statement offering dedication of streets, rights-of-way and any sites reserved by deed covenants for common use.
(7) Approval clauses for Commission (Chairman and Secretary), Engineer and
City Council (Clerk), where applicable.
(b) Streets. Location of streets shall conform to the City’s general plan. If possible, streets shall be continuous. Where a continuous street is impracticable, a cul-de-sac with a minimum termination diameter of 120 feet is permitted.
(1) Minimum street right-of-way width shall be sixty (60) feet.
(2) Street pavement shall be at least twenty-five (25) feet wide, including curbs, with a minimum of a four (4) inch base and a surface of at least seven (7) inches of reinforced concrete.
(3) Street intersections shall be at ninety (90) degrees where possible, but never less than sixty (60) degrees.
(4) Reserve strips abutting proposed street shall not be permitted.
(c) Sublots.
(1) All sublots, parcels or blocks shall have access to a public street. Whenever practicable, side lot lines shall be straight lines perpendicular with the street or radial to a curved centerline.
(2) Minimum frontage, building setback and side yards shall be in accordance with the current zoning for the parcel(s) being subdivided.
A. Minimum frontage shall be determined at the building line, but in no case will the frontage at the right-of-way be less than twenty-five (25) feet.
B. Corner lots shall have a minimum street-side-yard of fifteen (15) feet.
(3) Lots and sublots may not be sold nor shall titles transfer until the City accepts the plat and it has been recorded.
(d) Maps and Plans.
(1) Location map shall show the locations of all peripheral streets and subdivisions and the classification of zoning and uses of areas contiguous to the project site.
(2) Preliminary plan shall show all existing streets and utilities, proposed street and lot lines, existing and proposed drainage ditches, existing structures and gas wells within the proposed subdivision and on all adjacent parcels.
(3) Improvement plan shall be prepared by a professional engineer registered in Ohio and shall be drawn with permanent ink on standard twenty-four (24) inch by thirty-six (36) inch plan and profile polyester drafting film (mylar) with a horizontal scale of one (1) inch equals fifty (50) feet and a vertical scale of one (1) inch equals five (5) feet. Benchmarks referenced to the Cleveland Regional Geodetic Survey datum shall be used and shown on the plans. Also included shall be the plan and profile of proposed pavement, storm and sanitary sewers, water mains, gas and electric lines, house connections and a typical section of the roadway showing underground installations and pavement and berm areas. Grades shall be shown at least at fifty (50) foot intervals. Vertical curves shall be used at all pavement grade changes.
(4) Site plan shall be a topographic map drawn to a scale of one (1) inch equals fifty (50) feet with a contour interval of one (1) foot and conforming to the Cleveland Regional Geodetic Survey datum. It shall show the proposed locations of houses on the lots, finished ground elevations at the house and sublot corners and the proposed lot drainage.
(Ord. 91-95. Passed 10-7-1996.)
1155.04 PROCEDURES FOR MINOR SUBDIVISIONS.
(a) Application. A preliminary plan and plat complying with the requirements set forth in Section 1155.03 shall be prepared for each minor subdivision and submitted with an application for approval to the Director prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to determine if it qualifies as a minor subdivision, its relation to adjacent subdivisions, and compliance with other City codes.
(b) Review by Engineer. The Director shall submit the preliminary plan and plat to the Engineer for review and if it is satisfactory, the Engineer shall so certify the approval thereon.
(c) Approval. The Commission shall review all required maps and the report of the Engineer for compliance with the applicable sections of this Chapter and the Code. An approval notation shall be made on the preliminary plan and the plat by the Chairman and Secretary of the Commission.
(1) If any proposed lot or parcel does not fully conform to the provisions of the
Code, the Commission shall refer the application to the Board with the request that the Board determine whether the applicant should be entitled to a variance from strict compliance with the provisions of the Code, which the proposed subdivision violates. Upon review and the decision of the Board, the proposed subdivision shall be returned to the Commission for its final review and approval, disapproval or modification.
(2) After approval by the Commission, the subdivision shall be submitted to
City Council for approval at their next regular meeting. If Council concurs with the Commission and approves the subdivision, the Clerk of Council shall note such approval on the plat.
(3) The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision. Findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(d) Recording. The approved plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval.
(e) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(Ord. 91-95. Passed 10-7-96.)
(f) Notice Procedures. Where a minor subdivision is requested, notice of the public hearing to be held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
B. All properties abutting such properties described in subparagraph (f)(1)A.herein, excepting properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed subdivision.
(2) Where a lot described in paragraph (f)(1) herein contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 24-98. Passed 5-18-1998.)
1155.05 PROCEDURES FOR MAJOR SUBDIVISIONS.
(a) Application. A preliminary plan and location map complying with the requirements set forth in Section 1155.03 shall be prepared for each proposed major subdivision and submitted with an application for approval to the Director prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to determine the best design for the subdivision, its relationship to adjoining subdivisions or other uses and its compliance with the provisions of these Subdivision Regulations and the Code.
(b) Preliminary Approval.
(1) The Director shall forward the preliminary plan to the Engineer, Commissioner, and Chiefs of Police and Fire for review; the comments and recommendations of said department’s personnel shall be submitted to the Commission with the application.
(2) The Commission shall notify by regular mail the applicant and all property owners within 500 feet of the proposed subdivision of the date and place of the meeting required by Section 1171.03(i).
(3) The Commission shall, by record vote, approve or disapprove the preliminary plan as submitted or as modified to meet recommendations.
A. If the preliminary plan is approved, the applicant may proceed with improvement plans and the plat.
B. If the preliminary plan is disapproved, the action shall be final unless the applicant appeals the decision to City Council within ten (10) days.
C. The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(c) Approval.
(1) Improvement plans, a grading plan and the plat shall be submitted to the Director, Commissioner, and Engineer and shall be in conformance with the approved preliminary plan.
(2) Where the Engineer approves the improvement plan and plat, and the Director and Commissioner find that the improvement plan complies with all other applicable sections of the
Code and Ordinances, the improvement plan and plat shall be submitted to the Commission for review.
(3) Upon approval by the Commission, evidenced by the signature of the Chairman and Secretary on the original plat, the improvement plan and plat shall be forwarded to Council along with the Commission’s recommendation for approval. The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(4) Council shall approve or disapprove the plans and/or plat, either separately or concurrently, within forty-five (45) days.
(5) When the improvement plans are approved:
A. The plat shall be recorded;
B. Applicable building permits may be issued;
C. Construction shall begin within sixty (60) days of issuance of the permits referred to in subparagraph (c)(5)B. herein; and
D. Lots may be sold, leased or transferred.
(d) Street Acceptance. Where streets are to be dedicated to public use, upon approval of all improvements by the Engineer, the developer shall file an abstract, certificate of title, guarantee of title or title insurance in the amount of at least $1,000.00 with the Law Director showing the title to the street(s) in the subdivision to be good in the City for street purposes and to be free and clear of all encumbrances whatsoever. The plat shall then be presented to Council for acceptance and confirmation of the dedication of such street(s).
(e) Recording. The plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval.
(f) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(Ord. 91-95. Passed 10-7-1996.)
(g) Notice Procedures. Where a major subdivision is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
B. All properties abutting such properties described in subparagraph (g)(1)A. herein, excepting properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed subdivision.
(2) Where a lot described in paragraph (g)(1) herein contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 24-98. Passed 5-18-1998.)
1155.06 PROCEDURES FOR LOT CONSOLIDATIONS AND RESUBDIVISIONS.
(a) Application. A preliminary plan and plat complying with the requirements set forth in Section 1155.03 shall be prepared for each lot consolidation or resubdivision and submitted with an application for approval to the Director, except, at the discretion of the Director, the preliminary plan may be waived, prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to determine if it qualifies as a lot consolidation or resubdivision, its relation to adjacent lot consolidations or resubdivisions, and compliance with other City codes.
(b) Review by Engineer. The Director shall submit the preliminary plan and plat to the Engineer for review and if it is satisfactory, the Engineer shall so certify the approval thereon.
(c) Approval. The Commission shall review all required maps and the report of the Engineer for compliance with the applicable sections of this Chapter and the Code. The Chairman and Secretary of the Commission shall make an approval notation on the preliminary plan and the plat.
(1) If any proposed lot or parcel does not fully conform with the provisions of the
Code, the Commission shall refer the application to the Board with the request that the Board determine whether the applicant should be entitled to a variance from strict compliance with the provisions of the Code which the proposed lot consolidation or resubdivision violates. Upon review and the decision of the Board, the proposed lot consolidation or resubdivision shall be returned to the Commission for its final review and approval, disapproval or modification.
(2) The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(3) Upon approval by the Commission, the applicant has 180 days to provide a final plat to the Engineer. Failure to provide the aforementioned plat will cause the decision of the Commission to be null and void. The Commission for good cause may extend the aforesaid 180-day period.
(d) Recording. The approved plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City with thirty (30) days after final approval.
(e) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(Ord. 24-98. Passed 5-18-1998.)
(f) Notice Procedures. Where a lot consolidation or resubdivision is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
B. All properties abutting such properties described in subparagraph (f)(1)A. herein, excepting properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed lot consolidation or resubdivision.
(2) Where a lot described in paragraph (f)(1) herein contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 24-98. Passed 5-18-1998.)
1155.07 PROCEDURES FOR LOT SPLITS.
(a) Application. A lot split map based on field survey prepared by a professional surveyor registered in the State of Ohio showing existing structure(s) on the parcel(s) involved and the proposed lot line change shall be submitted to the Director prior to the deadline established by the Commission by rule.
(b) Review by Engineer. The Director shall submit the preliminary plan and plat to the Engineer for review and if it is satisfactory, the Engineer shall so certify the approval thereon.
(c) Approval. The Commission shall review all required maps and the report of the Engineer for compliance with the applicable sections of this Chapter and the Code. The Chairman and Secretary of the Commission shall make an approval notation on the preliminary plan and the plat.
(1) If any proposed lot or parcel does not fully conform with the provisions of the
Code, the Commission shall refer the application to the Board with the request that the Board determine whether the applicant should be entitled to a variance from strict compliance with the provisions of the Code which the proposed lot split violates. Upon review and the decision of the Board, the proposed lot split shall be returned to the Commission for its final review and approval, disapproval or modification.
(2) The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(3) Upon approval by the Commission, the applicant has 180 days to provide a final plat to the Engineer. Failure to provide the aforementioned plat will cause the decision of the Commission to be null and void. The Commission for good cause may extend the aforesaid 180 day period.
(d) Recording. The approved plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City with thirty (30) days after final approval.
(e) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(Ord. 24-98. Passed 5-18-1998.)
(f) Notice Procedures. Where a lot split is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
B. All properties abutting such properties described in subparagraph (f)(1)A. herein, excepting properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed lot split.
(2) Where a lot described in paragraph (f)(1) herein contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 24-98. Passed 5-18-1998.)
1155.08 PERFORMANCE AND MAINTENANCE BONDS.
(a) If improvements are not completed in a timely manner, or for cause, the Engineer may require a performance bond equal to the total cost of the improvements to be completed. Such bond shall set forth the
City as the beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in Ohio and shall be deposited with the Engineer and retained by the City until all improvements are constructed to the satisfaction of the Engineer
(b) After the improvements are completed, and accepted by the Engineer, the developer shall provide the
City with a two (2) year maintenance bond of at least ten percent (10%) of the approved estimated cost of construction. The developer shall complete the construction or repairs of all improvements within two (2) years from the date of permission to proceed. Otherwise, the City shall have the right to use the performance bond money to complete the improvements. The aforesaid two (2) year period may be extended by Council for good cause.
(Ord. 91-95. Passed 10-7-1996.)
1156.01 PURPOSE.
(a) Planned Development (PD) zoning is intended to encourage orderly development and redevelopment of property, while allowing more flexibility and creativity in design to achieve high quality, integrated site planning not otherwise possible under the constraints of normal zoning requirements without detriment to neighboring properties. PDs are intended to permit a more flexible approach to land use control and to promote development that is innovative, integrated with surrounding uses, and shows sensitivity to cultural, environmental, and economic considerations
(b) Planned Development Zoning is intended to encourage development which is consistent with the Community Vision including more compact development, pedestrian-friendly site design, urban street character, energy-efficient design, industry best practices, and accommodation of a range of compatible land uses through appropriate site design. PDs are intended to permit a more flexible approach to land use control and to promote a variety of housing types.
(c) A PD encourages the development of compact, pedestrian-scaled, neighborhoods while providing greater efficiencies in use of infrastructure. It is intended to help advance revitalization initiatives and recognize the market demand for new residential and commercial development within compact, pedestrian friendly districts. PD zoning is intended to work in conjunction with the proactive development of pocket parks, open spaces, and the creation of public spaces within the districts. PD Zoning specifically discourages those uses that: promote a strip center development pattern, promote idle land and over parking, and detract from the image enhancement intentions of this district.
(Ord. 17-17. Passed 3-20-17.)
1156.02 LOCATION OF PLANNED DEVELOPMENTS.
(a) Any parcel or collection of parcels greater than 10,000 ft2 in area may be rezoned to PD. Past use of the site and the zoning of abutting properties will be considered as part of the approval process.
(b) Approval of a Planned Development will result in a zoning map amendment. It shall result in the creation of a new site-specific zoning district with specific requirements and standards that are unique to that planned development.
(c) Grouping of uses permitted in other districts to create developments of compatible and mutually supportive activities is encouraged provided there are adequate buffers to adjacent properties of other uses and designs to promote compatibility and transitions to adjacent properties.
(d) It is not intended that the Commission automatically approve PD proposals that seek increases in density, changes in allowed uses, or alterations in district standards; rather, approvals shall only be received by those proposals that provide design characteristics that substantially achieve the purpose of this Chapter and cannot be substantially achieved in any base zoning district.
(e) A PD should utilize the following characteristics to the greatest possible extent which shall be considered in the approval process:
(1) Designs that reflect the Vision and that offer types or densities of development that are not available under the other Sections of this Code.
(2) Designs that utilize a creative approach to achieve better urban design, efficiencies in use of land and infrastructure, and the provision of aesthetic amenities.
(3) Designs that provide appropriate buffers and transitions between areas with different land uses and development densities.
(4) Designs that maintain or enhance the appearance of neighborhoods by complementing neighborhood architectural character.
(5) Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification of variation from otherwise applicable zone district and development standards.
(6) Designs that conserve areas of natural beauty and green spaces to the greatest degree possible consistent with accommodating new development.
(7) Designs that incorporate "green architecture" pursuant to Resolution 7746-03, City of Lakewood Green Building Policy.
(Ord. 17-17. Passed 3-20-17.)
1156.03 STANDARDS FOR REVIEW OF A PRELIMINARY PD PLAN.
An application for approval of a Preliminary PD Plan, together with submitted plans and reports, shall be reviewed for its conformance with the following standards:
(a) The proposed PD should contain uses that are sensitive to the abutting land uses and to the zoning designation which the PD is replacing. Mixed use within the planned development or within the same structure located in the PD is encouraged where appropriate;
(b) The proposed PD shall comply with the subdivision requirements as set forth in Chapter 1155 of this Code, except to the extent modifications, variances, or waivers have been expressly allowed pursuant to paragraph (e) below;
(c) Adverse impacts on adjacent properties, including but not limited to increased traffic or noise, as described in Chapter 515 of the Ordinances, and visual impacts, shall be mitigated to the maximum extent feasible;
(d) The PD shall be integrated with adjacent development through street connections, sidewalks, trails, and similar features;
(e) All district, development, and subdivision standards set forth in Chapters 1127 and 1129 (such as lot size, floor area ratio, structure height, etc.), and 1155, except those specified in subsection (f) below, may be modified or varied upon a finding that the proposed PD incorporates creative site design which represents an improvement in quality and service of the purposes set forth in Section 1156.01 over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or choice of living and housing environments;
(f) The proposed PD shall comply with the following requirements, which shall not be modified or varied except as expressly set forth below or as permitted by the Commission.
(1) Minimum area requirement. All Planned Developments shall have a minimum size of 10,000 square feet.
(3) Environmental protection standards. All Planned Developments shall comply with Ohio Environmental Protection Agency regulations and local ordinances.
1156.04 PLANNED DEVELOPMENTS.
(a) Consolidation with Subdivision Approval. The applicant shall consolidate an application for Preliminary PD Plan approval with an application for subdivision plat approval, pursuant to Chapter 1155, and shall consolidate an application for Final PD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the PD requirements of this Code and the provisions, including submittal requirements, of Chapter 1155. The time frame and approval process for the consolidated PD/subdivision application shall follow the time frame and approval process set forth in this section. The plat included as part of an approved Final PD Plan shall be recorded as the final subdivision plat.
(b) Procedures for Approval of a Preliminary PD Plan. Planned Developments, similar to subdivisions, are first approved in preliminary form, and then approved in final form. The applicant may select Preliminary PD Plan Option One or Preliminary PD Plan Option Two.
(c) Preliminary PD Plan Option One:
(1) Pre-application conceptual review meeting. A pre-application conceptual review meeting shall be mandatory for all persons intending to submit an application for approval of a Preliminary PD Plan.
(2) The Commission's role shall be to review all applications for Preliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance with Section 1156.03 of this Code. If the Commission recommends approval of an application with conditions, the applicant shall resubmit to the Commission a revised preliminary PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review.
(3) A plan previously receiving Preliminary Plan approval may proceed with Final PD Plan approval.
(4) Upon receipt of the approved Preliminary PD Plan from the Commission, the Director shall forward the application to the Architectural Board of Review for review of the application based on compliance with the standards set forth in subsection (j) below.
(d) Preliminary PD Plan Option Two:
(1) Pre-application conceptual review meeting. A pre-application conceptual review meeting shall be mandatory for all persons intending to submit an application for approval of a Preliminary PD Plan.
(2) The Commission's role shall be to review all applications for Preliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance with Section 1156.03 of this Code. If the Commission recommends approval of an application with conditions, the applicant shall resubmit to the Commission a revised preliminary PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review.
(3) Preliminary approval must be received to proceed.
(4) Upon completion of the initial review of the Preliminary PD Plan by the Commission, the applicant may request the Director to submit the Preliminary PD Plan to City Council for review and preliminary approval.
(5) Upon receipt of the approved Preliminary PD Plan from the Commission and City Council, the Director shall forward the application to the Architectural Board of Review for review of the application based on compliance with the standards set forth in subsection (j) below.
(e) Procedures for Approval of a Final PD Plan.
(1) A plan previously receiving preliminary approval may be submitted for Final Approval.
(2) A Final PD Plan may cover the entire area covered by the Preliminary PD Plan, or it may include only a phase or phases of the Preliminary PD Plan. Only such phases as receive Final Approval may be advanced for purposes of obtaining building permits and being constructed.
(3) A preliminary plan complying with the requirements set forth in Section 1155.03, Subdivision Regulations, General Requirements, and a plat complying with the requirements set forth in Section 1155.03, Subdivision Regulations, General Requirements, shall be prepared for each lot consolidation and submitted with an application for approval to the Director, except, at the discretion of the Director, the preliminary plan may be waived, prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to allow the Commission to determine if it qualifies as a potential PD and its compliance with other City codes.
(4) Concurrent with submission of an application for approval of a Final PD Plan, the Director shall submit to City Council a final Development Agreement, if applicable, for review and execution.
(5) The Commission's role shall be to review any application for Final PD Plan approval and make a recommendation to the Director to approve, approve with conditions, or deny the application based on its compliance with Section 1156.03 of this Code.
(6) If the Commission recommends approval of an application with conditions, the applicant shall resubmit to the Commission a revised Final PD Plan that reflects the changes or modifications required or suggested by the Commission in its initial review.
(7) Upon receipt of the approved Final PD Plan from the Commission the Director shall forward the application to the Architectural Board of Review for review of the application based on compliance with the standards set forth in subsection (j) below.
(8) Upon receipt of:
A. The approved Final PD Plan from the Architectural Board of Review,
B. An approved lot split and/or lot consolidation plat signed by the Chairman and Secretary of the Commission, and
C. An approved and executed Development Agreement from City Council if applicable, the Final PD Plan and plat shall be forwarded to Council along with the Commission's recommendation for approval.
D. Council shall approve or disapprove the Final PD Plan within forty-five (45) days from the date received by Council.
E. When the Final PD Plan is approved:
1. The plat shall be recorded;
2. Applicable building permits may be applied for and issued; and
3. Construction shall begin within sixty (60) days of issuance of the permits referred to in subparagraph (e)(8)E.2. herein.
(f) Street Acceptance. Where streets are to be dedicated to public use, upon approval of all improvements by the Engineer, the developer shall file a certificate and opinion of title, a guarantee of title or a title insurance policy in the amount of the market value of the property but not less than $1,000.00 with the Law Director showing the title to the street(s) in the PD to be good in the City for street purposes and to be free and clear of all liens and encumbrances whatsoever. The plat shall then be presented to Council for acceptance and confirmation of the dedication of such street(s).
(g) Recording. The plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval.
(h) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(i) Notice Procedures. Where a PD is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the PD;
B. All properties abutting such properties described in subparagraph (i)(1)A. herein, including properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed PD.
(2) Where a property described in paragraph (i)(1) above contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(k) Effect of Approvals.
(1) Effect of approval of a Preliminary PD Plan.
A. An approved Preliminary PD Plan shall be valid for a period of twelve (12) months from the date of the Commission's action.
B. Application for approval of a Final PD Plan for all or any phase of the Preliminary PD Plan may be made at any time within the twelve (12) month period following the Commission's approval of the Preliminary PD Plan. An approved application for a Final PD Plan for any phase or portion of the Preliminary PD Plan shall extend the life of the Preliminary PD Plan for an additional twelve (12) month period from the date the Final PD Plan is approved. If the original or any successive twelve (12) month period expires before a completed application for a Final PD Plan approval is submitted, unless a different time frame is specified in the development agreement, the Preliminary PD Plan approval shall automatically lapse and be null and void and all of the properties included in the preliminary plan for which Final PD Plan approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable to them.
C. During the period an approved Preliminary PD Plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such Preliminary PD Plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such Preliminary PD Plan if the Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
(2) Effect of approval of a Final PD Plan.
A. An approved Final PD Plan shall be valid for a period of two (2) years from the date City Council approves the rezoning.
B. During the period an approved Final PD Plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such Final PD Plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such Final PD Plan if the Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
C. Within the two (2) year period, the developer/owner shall:
1. Submit the plat portion of the Final PD Plan as the final subdivision plat for recording by the City surveyor, Chapter 1155 notwithstanding; and
2. Undertake substantial construction of at least the first approved phase of the PD development.
(3) If these actions are not completed within the two (2) year time period, such Final PD Plan shall automatically lapse and become null and void.
(l) Applications for Preliminary and Final PD Plans shall be submitted to the Commissioner upon such forms as approved by the City.
(m) Modifications of Final PD Plan.
(1) A minor modification shall be defined, for purposes of this Chapter, as any alteration other than a major modification (as defined below) to an already approved Final PD Plan.
A. A minor modification must be reviewed and approved by the Commission and Architectural Board of Review.
(2) A major modification shall be defined, for purposes of this Chapter, as the addition to an already approved Final PD Plan of any property or properties located in a C1 Office, C2 Retail, C3 General Business District or the MH Multiple-Family, High Density Residential District, or the addition to an already approved Final PD Plan of any property or properties located in the R1L, R1M, R1H, R2, ML or L residential zoning district that abut a PD or, the addition to an already approved Final PD Plan that changes the mix of uses.
(Ord. 17-17. Passed 3-20-17.)
1156.05 DESIGN PRINCIPLES.
The following Design Principles provide certain guidelines and requirements, as noted, in the design preparation of a Preliminary PD Plan.
(a) Building and Site Design.
(1) Wherever feasible, buildings shall be designed to provide massing configurations with a variety of different wall planes. Plain, monolithic structures with long walls and roof plane surfaces are discouraged.
(2) Building facades should incorporate design elements such as changes in color or texture; projections, recesses, and reveals; arcades or pergolas providing pedestrian interest; or equivalent elements that subdivide the wall into human scale proportions. Blank facades are highly discouraged, especially on walls facing streets or pedestrian ways.
(3) Commercial Building facades shall have highly visible customer entrances that feature canopies, overhangs, arcades, distinctive roof forms, arches, display windows, or landscaped features. Primary entrances should face streets on which they are located.
(4) Buildings shall have well defined rooflines with attention to architectural detail. Consideration should be given to the prevailing pattern of roofs in the area surrounding and within the PD.
(5) Sloping roofs, where used, shall have one (1) or more of the following architectural features: gables, hips, horizontal or vertical breaks, or other similar techniques that are to be integrated into the building architecture.
(b) Building Materials. Building materials shall be limited to brick, masonry, stucco, wood, fiber, cement siding, wood shingle, wood siding, cultured stone, or other similar materials. Prohibited materials include aluminum or vinyl siding, dryvit-type products on the lowest eight (8) feet of any structure, split faced block, and other similar materials.
(c) Vehicular Circulation and Access.
(1) Circulation systems shall be designed to efficiently facilitate traffic flow, yet designed to discourage speeds and volumes that impede pedestrian activity and safety.
(2) Street designs are encouraged to incorporate traffic calming devices and techniques.
(3) Common or shared access points are encouraged.
(4) To the maximum extent feasible, common or shared service and delivery access shall be provided between adjacent parcels or buildings, and provided to the rear of buildings.
(5) Safe and adequate site distances shall be provided at all intersections.
(6) Transit stops should be incorporated into site plans, where feasible.
(7) The developer as part of the site plan review process shall provide traffic impact studies.
(d) Pedestrian Access and Circulation.
(1) A coordinated pedestrian system shall be provided throughout the PD, including connections between uses on the site, and between the site and adjacent properties and rights-of-way. Pedestrian connections shall be provided to properties across streets wherever feasible.
(2) The site shall be connected to adjacent properties and pedestrian facilities to the maximum extent feasible.
(3) Continuous sidewalks or other pedestrian facilities shall be provided between the primary entrances to buildings, all parking areas that serve the buildings, pedestrian facilities on adjacent properties that extend to the boundaries shared with the PD, any public sidewalk along perimeter streets, or other community amenities or gathering spaces.
(4) Decorative sidewalks, such as brick pavers, are encouraged at key intersections or streets.
(5) Street furniture or other amenities are encouraged, such as plazas, benches, and decorative pedestrian light fixtures.
(6) Open and public areas should be provided as a mixture of green space landscaping and hardscape pedestrian areas with a goal of twenty (20) percent of the site area.
(e) Parking.
(1) Adequate parking shall be provided, but excessive parking is discouraged. The standards contained in Chapter 1143 shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations as determined by the Commission, and a finding by the Commission that the modified parking standards would comply with the provisions of the Code and the intent of the PD.
(2) The visual impact of parking shall be minimized through the use of interior landscaped islands and through dividing parking spaces into groupings.
(3) The edges of parking lots shall be screened through landscaping or other methods such as decorative fences.
(4) A minimum of one (1) off-street parking space shall be required behind each residential unit or garage. No garage openings shall be permitted onto public streets.
(f) Landscaping and Screening.
(1) It shall be the duty of the Commission to determine whether a reasonable percentage of the area within a PD shall be maintained in a combination of landscaped and urban open space. The project must adhere to the spirit of the City's landscape values. The standards contained in Chapter 1141 shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations determined by the Commission that such considerations would comply with the provisions of the Code and the intent of the PD.
(2) Pedestrian access from adjacent residential streets is encouraged. The owners of residential property directly abutting rear yards, parking and loading areas of a PD shall be contacted and offered masonry screening and/or appropriately designed alternatives. PD applicants shall document meetings with abutting residential owners and the results of such meetings. The intent of this provision is for the applicant to involve nearby residents in the PD project. City staff shall assist in this process.
(3) Where required, screening fences and walls shall be erected. The standards of Chapter 1141 shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations determined by the Commission that such considerations would comply with the provisions of the Code and the intent of the PD.
(4) If used, the owner of the property on which the fence is required to be erected shall permanently and adequately maintain screening fences or walls. The following types of walls or fences shall qualify, Chapter 1141 notwithstanding.
(5) Masonry wall or fence. Masonry fences or walls shall be constructed with the finish side out and of any of the following materials:
A. Native stone
B. Brick
C. Precast concrete panels with decorative finish or decorative concrete masonry units
D. In no case shall more than twenty-five percent (25%) of the area of the fence be erected with common smooth-face masonry units.
(6) Ribbed metal panel fence. Suitably finished to blend with the primary structure and supported by structurally sound metal frame.
(7) Vegetative screening. Using plants and fence materials, vegetative screens may be proposed.
(8) Screening of roof-mounted equipment. All roof-mounted equipment that rises above the roofline of any building or structure
(g) Streetscape Improvements.
(1) A Streetscape Plan shall be submitted for the entire site. The Streetscape Plan shall address the relationship between vehicular and pedestrian traffic, pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, trash receptacles, and transit stops.
(2) The design of streets, pedestrian ways, landscaping, lighting, and street furniture shall be coordinated and integrated throughout the site.
(3) Vehicular streets and driveways shall be designed to be compatible with pedestrian ways to encourage a pedestrian friendly environment. The width of streets shall be sensitive to pedestrian scale, and shall be minimized to avoid overwhelming that pedestrian scale while allowing for efficient vehicular traffic flow.
(4) Site furnishings such as benches, seating, trash receptacles, bike racks, lighting fixtures, and tree grates shall be addressed in the Streetscape Plan.
(h) Service Area and Mechanical Screening.
(1) The location of service areas and mechanical equipment shall be considered as part of the overall site design.
(2) Service areas and mechanical equipment shall be screened from public view.
(i) Signage.
(1) A master sign plan shall be prepared illustrating the location, type, size, and materials of all signage, pursuant to Chapter 1329 of the Building Code.
(2) It shall be the duty of the Board of Building Standards/Architectural Board of Review to review the sign proposal. The standards contained in Chapter 1329 of the Building Code shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations determined by the Board of Building Standards/Architectural Board of Review that such considerations would comply with the provisions of the Building Code and the intent of the PD. Generally, the standard will be landscaped monument signs and multi-tenant signs.
(j) Lighting.
(1) A lighting plan shall be prepared, including a photometric illustration.
(2) It shall be the duty of the Board of Building Standards/Architectural Board of Review to review the lighting proposal. The standards contained in Chapter 1306 of the Property Maintenance Code shall be used as a guide, but those standards may be modified without the need for a variance based upon other considerations determined by the Board of Building Standards/Architectural Board of Review that such considerations would comply with the provisions of the Building Code and the intent of the PD.
(3) Lighting shall be designed to avoid spillover onto adjacent properties through the use of cutoff shields or other similar features.
(k) Fences. It shall be the duty of the Architectural Board of Review to review the fence requirements pursuant to Chapter 1153 to determine whether said plan is consistent with the provisions of the Code and the intent of the PD.
(l) Urban Open Space.
(1) Common open space (whether dedicated to public use or owned and maintained in common by the owner or owners) shall be reserved for the leisure and recreational use of all the project's occupants and readily accessible thereto.
(2) The guideline for PD open space is twenty percent (20%) of the project area.
(3) Landscaping requirements can be incorporated into the open space requirement pursuant to subsection (f).
(4) The Commission in making this determination may consider the availability and nature of adjacent or nearby public open space and parkland.
(5) Common open space is land area of which at least fifty percent (50%) is not covered by buildings, structures or the building's parking spaces.
(6) Common open space shall be guaranteed by a restrictive covenant in the deed describing the open space and its uses, and requirements regarding maintenance, and improvement that run with the land for the benefit of occupants or the public.
(m) Amenities. All PD's with residential uses should provide on-site amenities within the site which contribute to the open space. These amenities may include but are not limited to: courtyards, a swimming pool, spa, clubhouse, tot lot with play equipment, picnic shelter/barbecue area, court game facilities such as tennis, basketball, or racquetball, or child day care facilities.
(Ord. 17-17. Passed 3-20-17.)
1156.06 DEVIATIONS FROM OTHER REGULATIONS.
(a) The Commission may approve deviations from other applicable regulations of this Code controlling development within a PD, provided that the Commission shall find that such deviation shall be solely for the purpose of promoting an integrated site plan and would be consistent with the Vision.
(b) Any deviation from the standard development requirements included in the Code shall be justified by the benefits and design of the proposed PD.
(c) Additional standards specific to a PD.
(1) Unified ownership. The entire tract or parcel of land to be occupied by the proposed development shall be held in single ownership, or if there are two (2) or more owners, the application for such proposed development shall be filed jointly by all such owners. This requirement shall ensure that the property is developed as a unified whole.
(2) Unified ownership or purchase agreement must be accomplished prior to a Development Agreement, if applicable, being submitted to the Director.
(3) Site design. The location, configuration, construction, manner and time of operation of off-street parking and loading areas, service areas, circulation systems, entrances, exits, open space, amenities, lighting, or other potentially detrimental influences shall be designed to avoid adverse effects on:
A. Residential uses within or adjoining the development;
B. Traffic congestion; and vehicular or pedestrian traffic.
(4) Utilities. The proposed development shall provide, if possible, for underground installation of utilities (including electricity and telephone) within both public ways and private extensions thereof. Provisions also shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities. Stormwater facilities shall be designed and constructed in compliance with Ohio Environmental Protection Agency regulations and local ordinances.
(Ord. 17-17. Passed 3-20-17.)
1156.07 PERFORMANCE AND MAINTENANCE BONDS.
(a) For all PDs, the City shall require a performance bond equal to the total cost of the improvements to be completed. Such bond shall set forth the City as the beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in Ohio and shall be deposited with and retained by the City until all improvements are constructed to the satisfaction of the Engineer (for public improvements) and the Building Commissioner (for private improvements). The City may waive such performance bond requirement if there is a Development Agreement with the City, which governs such security provisions.
(b) After the public improvements are completed and accepted by the Engineer, the Engineer may require the developer to provide the City with a two (2) year maintenance bond of at least ten percent (10%) of the approved estimated cost of construction. The developer shall complete the construction or repairs of all improvements within two (2) years from the date of permission to proceed. Otherwise, the City shall have the right to use the performance bond money to complete the improvements. Council may extend the aforesaid two (2) year period for good cause.
(Ord. 17-17. Passed 3-20-17.)
1157.01 PURPOSE.
This Chapter is adopted in order to regulate location, screening, and height of all satellite dish antennas. The herein regulations are necessary to protect the public health, safety, and welfare due to the close proximity of dwellings and narrow side yards common in the
City.
(Ord. 24-98. Passed 5-18-1998.)
1157.02 REGULATIONS.
(a) No more than one (1) antenna may be placed on a lot where the principal use is a single-family, two-family, or three-family dwelling. No more than three (3) antennas may be placed on a lot where the principal use is a multi-family dwelling, or a commercial or industrial use.
(b) No antenna or its supporting structure shall be placed in a front or side yard.
(c) A roof-mounted antenna shall be located as near to the rear property line as is practicable to not impose unreasonable limitations on reception.
(d) The maximum length or diameter of any antenna, exclusive of structural supports, shall not exceed twelve (12) feet.
(e) No antenna shall project more than twelve (12) feet above the highest point of the roof of the principal structure.
(f) Antennas and their support structures shall be so constructed, when considering the total surface area of the antenna, to withstand wind loads of:
(1) Eighty-five (85) miles per hour when the antenna is located on a lot north of the center line of Lake Avenue; or
(2) Seventy (70) miles per hour when the antenna is located on any other lot within the City.
Prior to the issuance of any permit required by this
Code or these Ordinances, the property owner must submit to the Commissioner drawings and specifications sufficient to verify that the proposed installation will comply with the requirements of this subsection (f).
(g) An antenna shall be of a color which is compatible with its location, and an antenna greater than three (3) feet in length or diameter shall not bear any advertisement, picture, lettering, or visual image.
(h) A ground-mounted antenna not attached to the principal or an accessory structure shall be screened by shrubbery or other landscaping so as to protect the public interest; such screening shall not impose unreasonable limitations on reception.
(i) The fee established pursuant to Section 1173.06.
(Ord. 91-95. Passed 10-7-1996.)
1157.03 VARIANCES.
When considering a variance to the requirements of this Chapter, the Board shall apply the policies and guidelines set forth in Federal Communication Commission (FCC) Memorandum Opinion and Order PRB-1 or subsequent or additional rulings, regulations, or orders of the FCC, Section 1173.04 notwithstanding.
(Ord. 91-95. Passed 10-7-1996.)
1157.04 EXEMPTIONS.
The provisions of this Chapter shall not apply to a satellite receive-only antenna which:
(a) Is six (6) feet or less in diameter and is, or is proposed to be, located in any commercial or industrial district; or
(b) Is three (3) feet or less in diameter.
(Ord. 91-95. Passed 10-7-1996.)
1159.01 PURPOSE.
These regulations are established to provide for the construction and use of wireless telecommunication facilities in the
City. The regulations allow wireless telecommunication facilities as a permitted use, conditional use, or accessory use depending upon the specific land areas of the City in which, and circumstances under which, they are proposed to be located. The purpose of these regulations is to balance the competing interests created by the Federal Telecommunications Act of 1996 (Public Law 104-104, codified at 47 U.S.C. §§ 151 et seq.) and the interests of the City in regulating wireless telecommunication facilities for the following reasons:
(a) To provide for orderly development within the
City;
(b) To protect property values;
(c) To maintain the aesthetic appearance of the
City, including, but not limited to, its unique residential character, unobstructed open spaces and attractive commercial, office, and industrial areas;
(d) To protect residential properties, parks, open spaces and the nonintensive commercial zoning districts which are characteristic of the
City from the adverse effects of towers and related facilities;
(e) To promote collocation of wireless telecommunications facilities in order to decrease the total number of towers in the
City;
(f) To provide for and protect the health, safety and general welfare of the residents and visitors of the
City; and
(g) To maintain, where possible, the integrity of the existing zoning regulations contained in the
Code.
The regulations establish a hierarchy of acceptable land areas for the location of wireless telecommunication facilities through the establishment of such use as a permitted use in certain zoning districts, as a conditional use in certain zoning districts, or as a permitted accessory use for erection of antennas only, which determination is dependent upon the location and characteristics of such land areas.
(Ord. 3-98. Passed 5-18-1998.)
1159.02 DEFINITIONS.
(a) COLLOCATION means the use of a wireless telecommunications facility by more than one (1) 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 tapers from the foundation.
(c) MONOPOLE means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
(d) PERSONAL WIRELESS SERVICES means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. §332(c)(7).
(e) TECHNICALLY SUITABLE means the location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
(f) TELECOMMUNICATION(S) means the technology that enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term “Personal Wireless Services.”
(g) WIRELESS TELECOMMUNICATION ANTENNA or ANTENNA ARRAY means the physical device or an array of elements constituting a physical device through which electromagnetic, wireless telecommunications signals authorized by the FCC are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(h) WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER or EQUIPMENT SHELTER means the structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(i) WIRELESS TELECOMMUNICATION FACILITY or FACILITY means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer, which connects the mobile unit with the land-based telephone lines for the provision of “Personal Wireless Services.”
(j) WIRELESS TELECOMMUNICATION TOWER or TOWER means a structure, other than a building, that elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
(Ord. 3-98. Passed 5-18-1998.)
1159.03 APPLICABILITY.
No person shall construct, erect, maintain, extend or remove a wireless telecommunication facility in the City without compliance with the provisions of this Chapter.
(Ord. 3-98. Passed 5-18-1998.)
1159.04 USE REGULATIONS.
(a) Permitted Use. A wireless telecommunication tower shall be permitted in any interstate highway right-of-way pursuant to the provisions as set forth in Section 1159.05 of this Chapter where applicable.
(b) Conditionally Permitted Use.
(1) A wireless telecommunication tower may be permitted as a conditional use only in an Industrial District. Such use may be approved by the Commission provided the applicant demonstrates compliance with the requirements of this subsection (b)(2) and all of the provisions of Chapter 1161, Section 1173.02 and Section 1159.05 of this Chapter:
(2) Collocation.
A. There is no technically suitable space for the applicant’s antenna(s) and related facilities reasonably available on an existing tower, building or structure within the geographic area to be served.
With the application, the applicant shall list the location of every tower, building or structure that could support the proposed antenna(s) or area where it would be technically suitable to locate so as to allow it to serve its intended function. The applicant must demonstrate that a technically suitable location is not reasonably available on an existing tower, building or structure. If another existing tower, building or structure is technically suitable, the applicant must demonstrate that it has requested to collocate on the existing tower, building or structure and the collocation request was rejected by the owner of the tower, building or structure. In all circumstances, owners of existing towers, buildings or structures shall promptly respond in writing to requests for collocation, but in no event shall they respond more than thirty (30) days from the date of receipt of a written request for collocation.
If another tower, building or structure is technically suitable, the applicant must further show that it has offered to allow the owner of that other tower, building or structure to collocate an antenna(s) on another tower, building or structure within the
City which is owned or controlled by the applicant, if any, on reasonably reciprocal terms and the offer was not accepted; and
B. All applicants for construction or erection of wireless telecommunication towers shall be required to construct on a base tower structure and structure foundation that is designed to be buildable up to, but not including, 200 feet above grade. Such structure shall be designed to have sufficient structural loading capacity to accommodate at least three (3) antenna or antenna array platforms of equal loading capacity for three (3) separate providers of service to be located on the structure when constructed to the maximum allowable height. The wireless telecommunication facility shall also be designed to show that the applicant has enough space on its site plan for an equipment shelter large enough to accommodate at least three (3) separate users of the facility. If an equipment shelter is initially constructed to accommodate only one (1) user, space shall be reserved on site for equipment shelter expansions to accommodate up to at least three (3) separate users. Agreement to the provisions of this subsection must be included in the applicant’s lease with the landowner, if different from the owner/user of the tower. Written documentation must be presented to the Director evidencing that the landowner of the property on which the tower is to be located has agreed to the terms of this subsection. As an additional condition of issuing a conditional use permit, the owner/user shall respond in writing to any inquiries regarding collocation of another user of the facility within thirty (30) days after receipt of a written inquiry. Copies of all written requests to collocate and all written responses shall be sent to the Director.
(c) Accessory Use - Antennas.
(1) Permitted accessory use. The installation of a wireless telecommunication antenna where the construction or erection of a wireless telecommunication tower is not proposed by the applicant, shall be permitted as an accessory use:
A. On existing buildings that are seven (7) or more stories above grade in any zoning district in the
City provided that no more than three (3) antennas or antenna arrays shall be installed on any building, the height of the antenna is no greater than fifteen (15) feet above the highest point of the roof, and all electronic and relay equipment for the antenna shall be housed within the existing building or in an equipment shelter that is screened so as not to be visible from neighboring properties, public rights-of-way, and other public areas;
B. On existing structures, other than buildings (such as steeples, smokestacks, towers, etc.), provided that the antenna shall be obscured from views from neighboring properties, public rights-of-way, and other public areas and all electronic and relay equipment for the antenna shall be housed within the existing structure or an existing building on the same lot.
(2) Conditional accessory use. The installation of an antenna where the construction or erection of a tower is not proposed by the applicant may be permitted as a conditional accessory use if approved by the Commission pursuant to Sections 1161.02 and 1173.02, as well as the standards set forth in Section 1159.05 of this Chapter where applicable, and under the following circumstances:
A. On an existing building or structure where three (3) or more antennas or antenna arrays have been installed provided that the antenna shall otherwise comply with the requirements of subsections (c)(1)A. and B. or;
B. On an existing structure other than a building, where the proposed antenna would be installed so as not to be obscured from the views from neighboring properties, public rights-of-way and other public areas provided that the antenna otherwise complies with the remaining requirements of subsection (c)(1)B., and/or all electronic and relay equipment for the antenna is not housed within the existing structure or an existing building on the same lot.
To the extent the remaining standards of this Chapter are applicable to the installation of a wireless telecommunication antenna on an existing building or structure, such standards shall govern the installation.
(Ord. 3-98. Passed 5-18-1998.)
1159.05 MINIMUM STANDARDS FOR CONSTRUCTION, ERECTION, MAINTENANCE AND REMOVAL.
Except as otherwise provided in this Chapter, all wireless telecommunication towers and their related facilities shall comply with the following standards:
(a) Spacing. There shall be a separation of a minimum of one-quarter (¼) mile between wireless telecommunication towers, including a separation of at least one-quarter (¼) mile from any such tower located outside the City’s corporate limits at the time an application is made for a tower to be located within the City.
(b) Height.
(1) The maximum height of a free-standing wireless telecommunication tower, including its antenna and all appurtenances, shall be less than 200 feet above the approved grade.
(2) The maximum height of any wireless telecommunication antenna installed pursuant to subsection 1159.04(c)(1)B. shall be no greater than the height of the existing tower or structure to which it is attached. The maximum height of any antenna installed pursuant to subsection 1159.04(c)(1)A. shall be no greater than fifteen (15) feet above the highest point of the roof on which it is attached.
(3) The height of any equipment shelter shall not exceed fifteen (15) feet from the approved grade.
(c) Setbacks.
(1) Except as provided in subsection (c)(2) below, all wireless telecommunication towers shall be set back from property lines a distance of at least 300 feet from residentially zoned property. Otherwise, the tower and related facilities shall comply with the required setbacks for the zoning district in which they are located. In no event shall a wireless telecommunication tower or facility be located in front of the principal building on the lot, if any.
(2) All wireless telecommunication towers located on an Interstate Highway right-of-way shall be set back from a dwelling unit a distance of 110% of the height of the Tower.
(d) Design.
(1) All wireless telecommunication towers shall be of a monopole design, as opposed to a lattice design. No guy wired towers shall be permitted.
(2) All wireless telecommunication facilities shall be subject to review by the Architectural Board of Review (ABR) for the purpose of enhancing the compatibility of the facilities with their surroundings. The color of a wireless telecommunication tower including any antenna(s) attached thereon shall be as determined by the ABR for the purpose of minimizing its visibility, unless otherwise required by the FCC or the Federal Aviation Administration (FAA).
(3) The wireless telecommunication antenna(s) shall be of a panel design and mounted flush to the tower, building or structure which elevates the antenna(s), unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antenna(s) or to mount them in such a fashion.
(e) Landscaping. A landscaped buffer area of not less than fifteen (15) feet in depth shall be placed between the wireless telecommunication facilities and the public rights-of-way and any adjacent properties from which a direct view can be had of the facilities, other than the tower itself. The fifteen (15) foot landscaped buffer shall have a tight screen fence of hardy evergreen shrubbery not less than six (6) feet in height, Chapter 1141 notwithstanding. The landscaping shall be continuously maintained and promptly restored, if necessary.
(f) Engineering Report. A report shall be prepared and submitted by a qualified and licensed professional engineer and shall provide proof of compliance with all applicable Federal, State, County, and City regulations. The report shall include a detailed description of the wireless telecommunication tower, antenna(s), equipment shelter, and appurtenances, and shall certify that radio frequency emissions are in compliance with the regulations of the FCC and shall certify that the use of the facilities will not adversely affect or interfere with radio transmissions for public safety purposes.
(g) Maintenance.
(1) The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.
(2) On each biennial anniversary of the issuance of the use permit for a wireless telecommunication facility, or not more than ninety (90) days prior thereto, the owner/user shall submit to the
City a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.
(h) Lighting.
(1) All wireless telecommunication antennas or towers 100 feet in height or greater shall be illuminated for aviation purposes by the most visually nonobtrusive “state-of-the-art” lighting available, unless otherwise required by the FAA. Lighting fixtures or signs shall not be attached to the antenna or tower.
(2) Unless required by law, all antennas or towers less than 100 feet in height shall not be illuminated and lighting fixtures or signs shall not be attached to the antenna or tower. If lighting is required by FAA regulations, the most visually nonobtrusive “state-of-the-art” lighting available shall be used, unless otherwise required by the FAA.
(i) Security.
(1) A security fence not less than six (6) feet above grade but not greater than eight (8) feet in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. Any fence greater than six (6) feet above grade shall be construed such that at least fifty percent (50%) of any linear foot of such fence is open for the through passage of light and air. Gates shall be locked at all times.
(2) A permanent warning sign with a minimum size of one (1) square foot and a maximum size of three (3) square feet shall be posted on the site, as well as an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the Commissioner, the Fire Department and the Police Department, with information on whom to contact, an address, and a telephone number in the event of an emergency.
(j) Advertising Prohibited. No advertising sign(s) or device(s) shall be permitted anywhere on a wireless telecommunication facility site.
(k) Outdoor Storage. There shall be no outdoor storage of equipment or other items on the wireless telecommunication facility site except during the facility construction period and to supply temporary emergency power to the facility only during a power outage.
(l) Access to Facility. The access driveway to the wireless telecommunication facility shall, whenever feasible, be provided along with circulation driveways of the existing use on the lot, if any. Where use of an existing driveway is not feasible, the driveway to the facility shall be a minimum of eighteen (18) feet in width with a minimum overhead clearance of eleven (11) feet and shall be set back a minimum of twenty (20) feet from the nearest side or rear lot line. This driveway shall meet the load limitations for fire equipment.
If the access road to the facility is more than 1,500 feet from the public right-of-way, a turnaround shall be provided for emergency vehicles at the site and a by-pass, adequate for emergency vehicles, with an approachable access shall be provided for each additional 1,500 feet of the driveway. There shall be a maximum of one (1) off-street parking space on the facility site.
(m) Accessory Equipment Shelter. The maximum cumulative total size of all equipment shelters accessory to a wireless telecommunication tower or antenna on a lot shall be 750 square feet and their maximum height shall not exceed fifteen (15) feet above the approved grade at the site for an equipment shelter with a pitched roof and a maximum height of ten (10) feet above the approved grade at the site for an equipment shelter with a flat roof. Only one (1) equipment shelter, or the configuration of more than one (1) equipment shelter constructed to appear that there is only one (1) equipment shelter, shall be permitted on a lot. The roof and facade of the equipment shelter shall be compatible as to architectural design and materials with the principal building on the lot, if any. Where it is technically feasible and reasonably practical, an existing building or structure on a lot shall be used to shelter the equipment associated with a wireless telecommunication facility.
(n) Utilities to be Underground. All utility lines from the utility source to the wireless telecommunication facility shall be underground.
(o) Time Limit for Commencement and Completion. After issuance of a building permit to construct a wireless telecommunication facility, the applicant shall commence construction within six (6) months and shall complete construction within one (1) year or the permit shall expire.
(p) Abandonment and Removal of Facilities.
(1) If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, the facility shall be deemed abandoned. The Director shall notify the owner/user in writing and advise that the facility must be reactivated within ninety (90) days, or it must be dismantled and removed from the site and the site restored to a landscaped condition within that same ninety (90)-day period, all at the cost of the owner/user. The owner/user of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the use permit, file a declaration with the Director as to the continuing operation of each of its facilities within the
City.
(2) The applicant for a wireless telecommunication tower shall be required as a condition of issuance of a building permit to post a cash or surety bond of not less than $100.00 per vertical foot from grade of the wireless telecommunication facility.
If an access drive which is separate from an existing access drive on the property is required to be constructed for a wireless telecommunication facility, the owner/operator of the facility shall also be required as a condition of issuance of a building permit to post a cash or surety bond of not less than thirty dollars ($30.00) per linear foot of access drive. The bond(s) shall insure that an unused, abandoned, obsolete or destroyed wireless telecommunication facility and/or access drive shall be removed within 180 days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies or operates the facility.
(Ord. 3-98. Passed 5-18-1998.)
1159.06 EXEMPTION OF CERTAIN CITY PROPERTY.
Regardless of the provisions of this Chapter, a wireless telecommunication facility may be permitted on any property owned or controlled by the
City and used for public services and shall be constructed, erected, maintained, extended and removed under such conditions, standards and regulations as required by City Council.
(Ord. 3-98. Passed 5-18-1998.)
1160.01 PURPOSE.
This Chapter is adopted in order to provide for the construction and operation of Wind Energy Facilities in the
City including Lakewood’s jurisdictional limit two (2) miles into Lake Erie, subject to reasonable conditions that will protect the public health, safety and welfare.
(Ord. 73-08. Passed 9-2-2008.)
1160.02 DEFINITIONS.
(a) APPLICANT means the person or entity filing an application under this Chapter.
(b) FACILITY OWNER means the entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
(c) HUB HEIGHT means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
(d) NON-PARTICIPATING LANDOWNER means any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
(e) OPERATOR means the entity responsible for the day-to-day operation and maintenance of the wind energy facility.
(f) OCCUPIED BUILDING means a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
(g) SHADOW FLICKER means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
(h) TURBINE HEIGHT means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
(i) WIND TURBINE means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
(j) WIND ENERGY FACILITY means an electric generating facility, whose main purpose is to supply electricity, consisting of one (1) or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
(Ord. 73-08. Passed 9-2-2008.)
1160.03 APPLICABILITY.
(a) No person shall construct, erect, maintain, extend or remove a wind energy facility in the
City, including the territory extending into Lake Erie to the distance of two (2) miles from the natural shore line pursuant to the authority granted in Ohio Revised Code §721.04, without compliance with the provisions of this Chapter.
(b) Wind energy facilities constructed prior to the effective date of this
Code shall not be required to meet the requirements of this Code; provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a conditional use from the Commission.
(Ord. 73-08. Passed 9-2-2008.)
1160.04 USE REGULATIONS.
(a) Conditionally Permitted Use.
(Ord. 73-08. Passed 9-2-2008.)
1160.05 CONDITIONAL USE PERMIT.
(a) No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the
City unless a conditional use permit has been issued by the Commission, pursuant to the requirements of Chapter 1161 and Section 1173.02, to the facility owner or operator approving construction of the facility for compliance with the applicable sections of this Chapter and the Code.
(c) Any physical modification to an existing conditionally permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval by the Commission pursuant to Chapter 1161. Like-kind replacements as determined by the Building Commissioner shall not require review by the Planning Commission.
(d) Submission Requirements.
(1) An application for a Conditional Use Permit shall be on a form approved by the Director and shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. The address and zoning district of the subject property.
C. A narrative description of the existing use.
D. A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
E. An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
F. Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.
G. A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback, a lighting plan, a plan showing areas impacted by shadow flicker, and other information the Commission may require.
H. Documents related to decommissioning.
I. Other relevant studies, reports, certifications and approval as may be reasonably requested by the
City to ensure compliance with this Chapter and Code.
J. Any documents reasonably deemed necessary by the Director.
K. The fee as established pursuant to Section 1173.06.
(2) Upon receipt of an application for a Conditional Use Permit, the Director shall, within thirty (30) working days, make a preliminary review of the application to determine compliance with the requirements of paragraph (1) herein. If the Director determines that the application is not complete, the Director shall immediately notify the applicant; otherwise, the Director shall forward the application to the Commission for review at its next regularly scheduled meeting.
(3) Within sixty (60) days of a completeness determination, the Director shall schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide comment on the proposed project.
(4) Within one hundred and twenty (120) days of a completeness determination, or within forty-five (45) days after the close of any hearing, whichever is later, the Commission will make a determination whether to issue or deny the permit application.
(5) Throughout the permit process, the applicant shall promptly notify the
City of any changes to the information contained in the permit application.
(6) Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing as determined by the Commissioner.
(Ord. 73-08. Passed 9-2-2008.)
1160.06 DESIGN AND INSTALLATION.
(a) Design Safety Certification: The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
(b) Uniform Construction Code: To the extent applicable, the wind energy facility shall comply with the Ohio Uniform Construction Code.
(c) Controls and Brakes: All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(d) Electrical Components: All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.
(e) Visual Appearance.
(1) Wind turbines shall be a non-obtrusive color such as white, off-white or gray.
(2) Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(3) Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator pursuant to Chapter 1329 – Signs (Building Code).
(f) Power Lines.
(1) On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(g) Warnings:
(1) Clearly visible warning signs concerning voltage must be placed at the base of all transformers and substations.
(2) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten (10) feet from the ground.
(h) Climb Prevention/Locks:
(1) Wind turbines shall not be climbable up to fifteen (15) feet above ground surface.
(2) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
(Ord. 73-08. Passed 9-2-2008.)
1160.07 SETBACKS.
(a) Occupied Buildings:
(1) Wind turbines shall be set back from the nearest occupied building, a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner’s property a distance of not less than two (2) times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(b) Property Lines: All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(c) Public Roads: All wind turbines shall be set back from the nearest public road a distance not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
(d) Waiver of Setbacks:
(1) Non-participating landowners may waive the setback requirements in subsection (a)(2) above and subsection (b) above by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes.
(2) The written waiver shall notify the property owner(s) of the setback requirement by this Chapter, described how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this Chapter.
(3) Any such waiver shall be recorded in the Recorder of Deeds Office for the County where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property.
(4) Upon application, the
City may waive the setback requirement for public roads for good cause.
(Ord. 73-08. Passed 9-2-2008.)
1160.08 HEIGHT RESTRICTIONS.
(a) Wind generation facilities’ height shall be limited to the extent permitted by the Zoning District where the wind generation facility is located.
(b) Height shall be further limited by the provisions set forth in Section 1160.07 Setbacks.
(Ord. 73-08. Passed 9-2-2008.)
1160.09 USE OF PUBLIC ROADS.
(a) The applicant shall identify all state and local public roads to be used within the
City to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(b) The
City Engineer or a qualified third party engineer hired by the City and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again thirty (30) days after construction is complete or as weather permits.
(c) The
City may bond the road in compliance with state regulations.
(d) Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant’s expense.
(e) The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
(Ord. 73-08. Passed 9-2-2008.)
1160.10 LOCAL EMERGENCY SERVICES.
(a) The applicant shall provide a copy of the project summary and site plan to local emergency services, including the City Fire Department.
(b) Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.
(Ord. 73-08. Passed 9-2-2008.)
1160.11 NOISE AND SHADOW FLICKER.
(a) Audible sound from a wind energy facility shall not exceed limits set forth by Chapter 515 in the Lakewood Codified Ordinances “Noise Control.”
(b) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner’s property.
(1) The Planning Commission may evaluate noise and shadow flicker when ruling on applications for conditional use of wind generation facilities.
(Ord. 73-08. Passed 9-2-2008.)
1160.12 WAIVER OF NOISE AND SHADOW FLICKER.
(a) Non-participating landowners may waive the noise and shadow flicker provisions of this Chapter by signing a waiver of their rights.
(b) The written waiver shall notify the property owner(s) of the sound or flicker limits in this Chapter, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this Chapter.
(c) Any such waiver shall be recorded in the Recorder of Deeds Office of the County where the property is located. The waiver shall describe the properties benefitted and burdened, and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.
(Ord. 73-08. Passed 9-2-2008.)
1160.13 SIGNAL INTERFERENCE.
The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.
(Ord. 73-08. Passed 9-2-2008.)
1160.14 LIABILITY INSURANCE.
There shall be maintained a current general liability policy covering bodily injury and property damage with limits approved by Council. Certificates shall be made available to the
City upon request.
(Ord. 30-14. Passed 9-2-2014.)
1160.15 DECOMMISSIONING.
(a) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within twelve (12) months after the end of the useful life of the facility or individual wind turbines.
(b) The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months.
(c) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of thirty-six (36) inches, and any other associated facilities.
(d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(e) An independent and certified Professional Engineer shall be retained to estimate the total cost of decommissioning (“Decommissioning Costs”) without regard to the salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (“Net Decommissioning Costs”). Said estimates shall be submitted to the
City after the first (1) year of operation and every fifth (5) year thereafter.
(f) The facility owner or operator shall post and maintain Decommissioning Funds in an amount equal to Net Decommissioning Costs; provided, that at no point shall Decommissioning Funds be less than twenty-five (25) percent of Decommissioning Costs. The Decommissioning Funds shall be posted and maintained with a bonding company or Federal or State chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the State and is approved by the
City.
(g) Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the
City.
(h) If the facility owner or operator fails to complete decommissioning within the period prescribed by subsection (a) above, then the landowner shall have six (6) months to complete decommissioning.
(i) If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by subsection (a) and (h) above, then the
City may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a Participating Landowner agreement to the City shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the City may take such action as necessary to implement the decommissioning plan.
(j) The escrow agent shall release the Decommissioning Funds when the facility owner or operator has demonstrated and the
City concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
(Ord. 73-08. Passed 9-2-2008.)
1160.16 PUBLIC INQUIRIES AND COMPLAINT REMEDIES.
(a) The facility owner and operator shall maintain a telephone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
(b) The facility owner and operator shall make reasonable efforts to respond to the public’s inquiries and complaints.
(Ord. 73-08. Passed 9-2-2008.)
1160.17 REMEDIES.
(a) It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Chapter, or any permit issued under this Chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this Chapter or any permit issued under this Chapter.
(b) If the
City determines that a violation of this Chapter or the permit has occurred, the City shall provide written notice to any person, firm, or corporation alleged to be in violation of this Chapter or permit. If the alleged violation does not pose an immediate threat to public health or safety, the City and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within thirty (30) days of the notice of violation.
(c) If after thirty (30) days from the date of the notice of violation the
City determines, in its discretion, that the parties have not resolved the alleged violation, the City may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this Chapter or permit.
(Ord. 73-08. Passed 9-2-2008.)
1161.01 PURPOSE.
Several unique uses require regulations intended to accommodate such uses in a reasonable and equitable manner while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, this Chapter provides for a more detailed evaluation of each use conditionally permitted in a specific zoning district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facility requirements, and traffic generation to ensure that each proposal is consistent with the intent and objectives of the particular district in which it is to be located. Accordingly, a Conditional Use Permit shall be required for any use deemed a conditional use by this
Code, subject to the procedures and requirements of this Chapter and Section 1173.02.
(Ord. 91-95. Passed 10-7-1996.)
1161.02 GENERAL STANDARDS FOR ALL CONDITIONAL USES.
A conditional use, and uses accessory to such conditional uses, shall be permitted where the use is identified by this
Code as a conditionally permitted use, or is found by the Commission to be a substantially similar use, in the zoning district in which the use is located. In addition to any specific regulations required by this Code or the Ordinances, the Commission shall find:
(a) That the conditional use will be consistent with the general objectives, or any specific objectives, for the zoning district in which it is located, as set forth in this
Code and the Vision.
(b) That the conditional use will be designed, constructed, operated and maintained so as not to be detrimental to or endanger the public health, safety, or general welfare.
(c) That the conditional use will not change the essential character of the general vicinity in which it is located.
(d) That the conditional use will not be injurious to the uses permitted by right in the immediate vicinity, nor substantially diminish or impair property values within said vicinity.
(e) That establishment of the conditional use will not impede the normal and orderly development of uses permitted by right in the immediate vicinity.
(f) That adequate utilities and public facilities and services, such as streets and sewer and water services, are or will be provided; and that establishment of the conditional use will not require expenditures of public funds for such public facilities or services.
(g) That adequate measures have been taken to minimize traffic congestion on public streets.
(h) That the conditional use will not suffer substantial hardship in the future due to the conditional use being surrounded by uses permitted by right, which are incompatible with the conditional use.
(i) That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located as well as the specific conditions set forth in Section 1161.03.
(j) A Conditional Use Permit issued pursuant to this Chapter may not be transferred to any other person or address.
(Ord. 91-95. Passed 10-7-
19
96.)
(k) Notwithstanding the above provisions, a Conditional Use Permit issued pursuant to this Chapter for a Mixed Use Overlay development may be transferred to another person or address provided that the regulations in Chapter 1135, Mixed Use Overlay District, and all other provisions of the Ordinances and this Code that are not in conflict with Chapter 1135 have been satisfied.
(Ord. 61-04. Passed 7-6-2004.)
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(Ord. 91-95. Passed 10-7-1996.)
1161.03 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES.
In addition to the general standards established in Section 1161.02, the following specific conditions shall apply to each use or class of uses listed in this Section 1161.03. Nothing in this Section shall prohibit the Commission from prescribing supplementary conditions and safeguards in addition to these requirements, or where no specific conditions are stated.
(a) Accessory Parking. In a residential district, accessory parking for a lot in a commercial district may be permitted as a conditional use provided that:
(1) The lot on which the proposed use is to be located abuts the commercial lot to which it is accessory;
(2) The parking lot shall be used only for the parking of non-commercial passenger motor vehicles; and
(3) The proposed parking lot conforms to the design requirements set forth in Chapter 1325 of the Building Code and has been approved by the Architectural Board of Review prior to the demolition of any existing single-, two- or three-family dwelling, in the R1L, R1M, R1H, R2, ML, MH and L zoning districts, on the proposed lot. In addition, if applicable, approval by the Commission for conditional use as accessory parking under this subsection must also be approved prior to the demolition of any existing single-, two- or three-family dwelling on the proposed lot. If such lot is substantially vacant due to demolition prior to the time of application for parking lot design approval and conditional use approval, the lot shall have been vacant for at least twenty-four (24) months preceding the application unless the Commission grants a waiver from such time requirement based on reasonable causes for such demolition by an owner, or prior owner, beyond his/her reasonable control, such as fire or other source of property damage or loss.
When determining whether to grant a conditional use permit for accessory parking, the Commission may limit the hours of operation of the proposed conditional use.
(Ord. 52-10. Passed 9-20-2010.)
(b) Animal Clinics/Hospitals, Veterinarian Offices, and Grooming Services. In a C2 Retail District, animal clinics/hospitals, veterinarian offices, and grooming services may be permitted as a conditional use provided that:
(1) There shall be four (4) off-street parking spaces for each veterinarian or groomer practicing at the location of the proposed use;
(2) No outside animal runs, stalls, or cages shall be permitted on the lot; and
(3) The proposed use shall not be located in any structure housing a residential use.
(Ord. 91-95. Passed 10-7-1996.)
(c) Bed and Breakfast Establishment. In any commercial district or multiple-family residential district, a bed and breakfast establishment may be permitted as a conditionally permitted use subject to all or any of the following:
(1) The building in which a bed and breakfast establishment is located is a single-family dwelling which serves as the principal residence of the applicant and is recognized as architecturally, historically or culturally significant;
(2) The owner/operator of a bed and breakfast establishment shall live full-time on the premises. Such owner/operator shall be the record owner of no less than fifty percent (50%) interest of the property in question;
(3) The architectural integrity of the structure, and arrangement of existing interior space must be maintained;
(4) Only minimal outward modification is allowed and only if compatible with neighboring structures;
(5) There shall be no more than three (3) guest rooms within a single-family dwelling that are utilized by bed and breakfast guest(s). A guest room shall contain no less than 100 square feet of living space, not including closets, for two (2) guests and thirty square feet for each additional guest up to a total of four (4) guests per room;
(6) Bedrooms shall be an existing part of the primary residential structure and not specifically constructed or remodeled for rental purposes;
(7) Each paying guest may stay at a bed and breakfast establishment for not more than three (3) consecutive nights at any single visit or more than a total of fourteen (14) nights in any given calendar year;
(8) Parking for all vehicles, including vehicles owned by the owner/operator shall be in the garage or rear yard on an approved surface improved with concrete or asphalt;
(9) There shall be at least one (1) off-street parking space for each guest room;
(10) Only one (1) meal shall be served to each guest of the bed and breakfast establishment and that meal shall be breakfast. The sale or service of alcoholic beverages to paying guests is prohibited in a bed and breakfast establishment;
(11) Only one (1) kitchen facility shall be permitted per structure for which a conditional use permit is granted to operate a bed and breakfast establishment. No cooking facilities shall be permitted in individual guest rooms nor shall guests have access to kitchen facilities for the purpose of preparing meals;
(12) A minimum of one (1) full bathroom, including tub/shower, toilet and sink, shall be required for every two (2) guest rooms to be available for the exclusive use of bed and breakfast paying guest(s);
(13) Rental of the bed and breakfast establishment for special gatherings such as wedding receptions and parties shall be prohibited;
(14) One (1) on-premise sign shall be permitted for each bed and breakfast establishment not to exceed two (2) square feet in area. The sign shall not be internally illuminated. Such sign(s) shall be limited to three (3) colors. The applicable standards of Chapter 1329 of the Building Code shall apply unless otherwise superseded by this section;
(15) No individual(s) who are nonresidents of the dwelling may be employed in the operation of a bed and breakfast establishment;
(16) The Bed and Breakfast establishment, shall within three (3) months of commencing operation, be listed with the Ohio Bed and Breakfast Association or similar recognized listing agency;
(17) The building complies with all state and local laws, including but not limited to
City Fire, Health, and Housing Codes and the Ohio Building Code regulations for R-1 Use Group Structures;
(18) A Conditional Use Permit issued pursuant to this Section 1161.03(c) shall expire thirty-six (36) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section remains in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(Ord. 124-05. Passed 2-6-2006.)
(d) Restaurants, convenience Food Shop or Delicatessen, Beauty and Barber Shops. In a Multiple-Family Residential District, a restaurant, convenience food shop or delicatessen may be permitted as a conditional use provided that:
(1) The multiple-family residential building in which the facility is located shall have not less than 350 dwelling units unless otherwise approved by the Commission;
(2) Restaurant facilities may be open to the public. All other facilities shall be permitted only for the use by residents of the building in which it is located, and shall not be open to the public;
(3) Restaurant facilities shall not exceed a maximum of 15,000 square feet of floor area. All other facilities shall not occupy in excess of 1,200 square feet of floor area;
(4) Merchandise shall be limited to standard food and drug items and shall not include hardware, or other merchandise not generally related to such facility; and,
(5) No advertising of any kind shall be permitted on the exterior of the building, or on the land on which it is located, except that advertising may be permitted for a restaurant where the facility is held open to the public subject to the sign requirements for the C2, Commercial Retail District within Chapter 1329 of the Building Code.
(6) Restaurant uses shall conform to the parking requirements within Chapter 1143 of this Code.
(e) Type A Child Day-Care. In any multi-family residential district, a Type A Child Day-Care in a single-family dwelling may be permitted as a conditional use provided that: (Ord. 52-10. Passed 9-20-10.)
(1) The lot on which the proposed day-care use is located is not within 500 feet, including a public or private right-of-way, of a lot on which an existing Type A or Type B day-care use is located, including a lot fronting a different street;
(2) The provider of residential child day-care is registered with the
City pursuant to Chapter 774 of the Business Regulation Code; and
(3) At least one additional off-street parking space is provided, in addition to the parking requirements of Chapter 1143.
(f) Home Occupation, Type B. In a residential or commercial district, a Type B Home Occupation may be permitted as a conditional use provided that:
(1) The Type B Home Occupation may be permitted in a one- or two-family dwelling; the Home Occupation shall not interfere with the residential use of the non-applicant;
(2) The non-resident employee and customers may come to the home between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday, and 12:00 noon and 6:00 p.m. Sunday; customers may come to the home by pre-arrangement only;
(3) Off-street parking to meet the standards specified in Schedule 1143.05 shall be provided;
(4) The Type B Home Occupation shall not generate substantially more pedestrian or vehicular traffic than that generated by a residential use; and
(5) A Conditional Use Permit issued pursuant to this Section 1161.03(f) shall expire thirty-six (36) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section remains in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(g) Gasoline Stations. In a C2 Retail District, a gasoline station may be permitted as a conditional use where the proposed use complies with the requirements set forth in Section 1129.09.
(Ord. 91-95. Passed 10-7-
19
96.)
(h) Manufacturing, Processing, Assembly, Packaging Plant and Light Industrial.
(1) In a C3 General Business District, manufacturing, processing, assembly, and packaging plants may be permitted as conditionally permitted uses provided that:
A. There will be no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located;
B. There will be no vibrations or noise created by the proposed use which will be transmitted to abutting properties;
C. Storage of raw materials, partially finished, or unfinished products shall be entirely within the principal structure;
D. The proposed use will not generate or cause a substantial increase of truck traffic;
E. No variances to the off-street parking requirements of Chapter 1143 are required; and
F. Where necessary, an off-street loading and unloading area will be provided pursuant to Schedule 1143.05.
(2) In a C2 Retail District, light industrial may be permitted as a conditionally permitted use provided that:
A. There will be no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located;
B. There will be no vibrations or noise created by the proposed use which will be transmitted to abutting properties;
C. Storage of raw materials, partially finished, or unfinished products shall be entirely within the principal structure;
D. The proposed use will not generate or cause a substantial increase of truck traffic;
E. No variance(s) to the off-street parking requirements of Chapter 1143 are required; and
F. Where necessary, an off-street loading and unloading area will be provided pursuant to Schedule 1143.05.
(Ord. 24-98. Passed 5-18-1998.)
(i) Motor Vehicle Rental or Leasing Agency. In any commercial district, a motor vehicle rental or leasing agency which does not engage in the sale of new or used motor vehicles may be permitted as a conditionally permitted use provided that:
(1) No services customarily associated with a gasoline station are provided or available on the lot;
(2) No motor vehicle repair services of any type, including body repair, are provided or available on the lot;
(3) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; and
(4) Traffic patterns are designed so as not to substantially interfere with residential uses in the surrounding area.
(j) Motor Vehicle Repair/Body Shop. In a C2 Retail District or C3 General Business District, a motor vehicle repair/body shop may be permitted as a conditionally permitted use provided that:
(1) The width of the lot on which the proposed use is to be located shall be not less than 150 feet at the building line, where the proposed conditional use is to be located on a corner lot the herein lot-width requirement shall apply to all sides fronting a public or private right-of-way;
(2) The area of the lot on which the proposed use is to be located shall be not less than 22,500 square feet;
(3) All activities, including cleaning, washing, and drying operations shall take place inside the principal structure;
(4) No merchandise may be displayed outside the principal structure;
(5) No unlicensed or inoperative motor vehicle shall be permitted on the property outside of the principal structure for more than forty-eight (48) hours;
(6) Where the proposed use includes body and fender repair or painting, there will be no emissions of odors, dust, smoke, gas, or fumes from the premises on which the proposed use is to be located;
(7) All outdoor wiring, including electrical and telephone wiring, shall be installed underground;
(8) A landscape area at least five (5) feet wide shall be provided on the subject lot where the lot abuts a public right-of-way, except where interrupted by driveways; and
(9) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; where such use abuts a residential district or use, said landscaped area shall be not less than ten (10) feet wide.
(10) A motor vehicle repair/body shop may be operated in conjunction with a gasoline station as a conditional use provided the proposed use complies with the requirements of this subsection (j) and the requirements of Section 1129.09.
(k) Motor Vehicle Sales and Leasing. In a C2 Retail District, motor vehicle sales and leasing may be permitted as a conditionally permitted use where the proposed use complies with the requirements set forth in Section 1129.10.
(l) Parking Facilities. In any multi-family district, parking facilities may be permitted as a conditionally permitted use provided that:
(1) The lot on which the facility is located abuts a lot containing a multi-family use under the same ownership;
(2) Parking shall be by permit only, no kiosk shall be erected; and
(3) Parking shall be limited to non-commercial vehicles.
(m) Places of Worship. In any commercial district and multi-family district, a place of worship may be permitted as a conditional use provided that:
(1) The place of worship shall be used only for the purposes of the local congregation or organization and shall not be operated as or in connection with any commercial use, except that the renting of rooms for community service purpose (i.e., day-care and Alcoholics Anonymous meetings) is permitted;
(2) No variances to the off-street parking requirements of Chapter 1143 are required; and
(3) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; where such use abuts a residential district or use, said landscaped area shall be not less than ten (10) feet wide.
(Ord. 91-95. Passed 10-7-1996.)
(n) Professional, Medical, and General Business Offices. In an ML Multiple-Family, Low Density, District or MH Multiple-Family, High Density, District, a professional, medical, or general business office may be permitted as a conditional use provided that:
(1) The proposed use replaces a use determined by the Commission to be a higher use than the existing use being vacated;
(2) The proposed use is located only on the ground floor of the building;
(3) No variances are required to accommodate the proposed use; and
(4) The required off-street parking for all occupancies is available on the same parcel.
(Ord. 90-04. Passed 11-1-2004.)
(o) Re-Use of an Existing Non-Conforming Structure. In an R1 Residential Single-Family or R2 Residential Single- and Two-Family District, an existing non-conforming structure found by the Lakewood Heritage Advisory Board to be of historical value may, as a conditional use, be converted to a multi-family use and, in any multi-family district, such a structure may be converted to a mixed use or office use, where the Commission finds:
(1) That re-use of the existing structure is preferable to destruction and redevelopment of the site;
(2) That the proposed use will not be more intense than the existing non-conforming use;
(3) That landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, will be provided;
(4) That the proposed renovation will be in harmony with the historic character of the structure; and
(5) That the proposed use will comply with the parking requirements of Chapter 1143.
(p) Restaurant - Fast Food. In a C1 Office District, a fast-food restaurant preparing meals for consumption on or off the premises and with or without drive-through facilities for motor vehicles may be permitted as a conditional use provided that:
(1) The width of the lot on which the proposed use is to be located shall be not less than 150 feet at the building line;
(2) The area of the lot on which the proposed use is to be located shall be not less than 20,000 square feet;
(3) No variances to the off-street parking requirements of Chapter 1143 are required;
(4) Landscaping and screening, approved by the Architectural Board of Review pursuant to Chapter 1141, is provided; where such use abuts a residential district or use, said landscaped area shall be not less than ten (10) feet wide; and
(5) No merchandise for sale may be stored or displayed outside the principal structure.
(q) Roomers. Roomers may be permitted in the single- and two-family residential districts as a conditional use provided that:
(1) There shall be accommodations for not more than two (2) roomers in a single-family dwelling and one (1) roomer per dwelling unit in a two-family dwelling;
(2) There shall be only one (1) roomer per sleeping room;
(3) There shall be no cooking or eating facilities in the room(s), nor shall kitchen privileges or a community kitchen be provided;
(4) One (1) paved off-street parking space shall be provided in the rear yard for each roomer;
(5) There shall be no signs on the property advertising room(s) for rent;
(6) The building in which the rooms are to be let shall be a single- or two-family dwelling and shall be the permanent residence of the person requesting the conditionally permitted use; and
(7) The conditionally permitted use shall not be transferable.
(r) Groups/Convalescent/Nursing/Assisted Living. In a C1 Office District and a C2 Retail District, group/convalescent/nursing/assisted living facilities may be permitted as a conditionally permitted use where the proposed use complies with all applicable local, State, and Federal laws.
(Ord. 91-95. Passed 10-7-
19
96.)
(s) Wireless Telecommunication Tower. In an Industrial District, a wireless telecommunication tower may be permitted as a conditionally permitted use where the proposed use complies with all the requirements of subsection 1159.04(b) of the Code.
(Ord. 24-98. Passed 5-18-
19
98.)
(t) Outdoor Dining Facility. Any person operating a restaurant, bar, tavern, or nightclub use (as used in this section, a "restaurant use") in the C1 Office, C2 Retail, C3 General Business, C4 Public School, ML and MH Multiple-Family Residential, PD Planned Development or I Industrial District as used in this section, and together with any successors or assigns, an "applicant") may be permitted to operate an outdoor dining facility as a conditionally permitted accessory use subject to the following:
(1) Upon the applicant’s application, filed with the Director of Planning (as used in this section, the "Director"), the outdoor dining facility design may be reviewed and approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code. The outdoor dining facility should be attractive and in accordance with the Architectural Board of Review's Outdoor Dining Design Guidelines and should promote pedestrian safety and a retail friendly atmosphere. The applicant must comply with all applicable city, state and federal laws and regulations at all times. Applications for the outdoor dining facility conditional use permit shall include the following items:
A. A completed and signed outdoor dining facility conditional use permit application form;
B. A written description of the proposal and photographs of the area to be occupied by the proposed outdoor dining area;
C. A detailed, labeled and scaled site plan and elevations of the location of the outdoor dining area, number and arrangement of tables and chairs, barriers, means of ingress and egress, sidewalk, above-ground utilities and any other sidewalk obstruction, parking and planter areas;
D. Manufacturer's information and cut sheets on all proposed tables, chairs, barriers, lighting and accessory furniture;
E. A signed statement by the owner of the building confirming the ownership of the building and, if the owner is not the applicant, a signed statement granting permission to the applicant to pursue the conditional use permit; and
F. Any additional documents reasonably deemed necessary by the Director. Incomplete applications or applications deemed insufficient by the Director will not be accepted for review.
(2) The outdoor dining facility shall be located directly adjacent to the lawfully operating restaurant use. The outdoor dining facility may be located immediately adjacent to the front of the restaurant use, on the side or rear of the restaurant use or as approved by the Planning Commission.
(3) The floor space of the outdoor dining facility and any walkway connecting such facility with the restaurant use and the parking lot or any public or private sidewalk shall be constructed of an approved hard surface material meeting all local, state, and federal requirements, including, where applicable, the current United States Access Board Public Right-of-Way Accessibility Guidelines (PROWAG).
(4) The applicant must keep the outdoor dining facility sanitary, neat and clean at all times, free from accumulation of food, litter, snow, ice, and other potentially dangerous or unsanitary matter.
(5) The outdoor dining facility must be in compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (as used in this section, the "ADA"), and at a minimum allow for five feet of continuous pedestrian access width along the public sidewalk free from all obstruction and must not create any pedestrian hazards. With the concurrence of the Public Safety Director, Police Chief, Fire Chief, Building Commissioner, Public Works Director, and City Engineer, the Planning Commission may allow a reduced minimum width of continuous pedestrian access to be permitted as allowed by the current PROWAG where the applicant can demonstrate that passing spaces will be available within the public right-of-way and within the frontage of the storefront, at the maximum interval of fifty feet, and have a minimum passing space recommended by the PROWAG that is free of all obstructions.
(6) An applicant whose restaurant use is at an intersection of public streets shall not locate the outdoor dining facility in a manner that will impede vehicular sight distance at that intersection. Setbacks from the intersection for the outdoor dining area will be determined by the Planning Commission on an individual basis specific to individual site conditions after review and recommendation by the Public Safety Director, Police Chief, Fire Chief, Building Commissioner, Public Works Director, and City Engineer.
(7) The maximum number of seats for the outdoor dining facility will be determined by the Planning Commission upon review of the amount of space available, compliance with minimum parking and other requirements of Zoning Code, the PROWAG, Building Code, and other applicable local, state, and federal requirements.
(8) Applicants who serve alcoholic beverages as part of their restaurant use must meet all requirements of the Ohio Department of Commerce, Division of Liquor Control, and the following standards:
A. Where an outdoor dining facility or any portion of an outdoor dining facility is located on public property, the owner of the facility shall sign a use of public property agreement approved by the Director of Law that indemnifies and holds the City harmless from any claims, liability or damages arising from the operation or location of the outdoor dining facility, and shall provide an insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the outdoor dining facility conditional use by the Planning Commission, the Director is authorized to enter into the use of public property agreement on behalf of the City.
B. A barrier on some or all sides of the outdoor dining facility may be required. The Planning Commission will make a determination as to the extent and location of a barrier necessary for the outdoor dining facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines, Building Code, Ohio Fire Code, Ohio Department of Commerce, Division of Liquor Control requirements.
C. The entrance to the outdoor dining facility must be easily recognizable and adjacent to or as close to a publicly used door of the restaurant use as is commercially practicable in the Planning Commission's determination and comply with the Ohio Fire Code.
D. Unless authorized by the establishment of a designated outdoor refreshment area in accordance with Ohio Revised Code, no person shall be permitted to carry alcoholic beverages from the outdoor dining facility to any place outside the outdoor dining facility except the adjacent restaurant use, and the facility shall be designed in a way so as to maintain compliance with this provision.
(9) Applicants who do not serve alcoholic beverages as part of their restaurant use must meet the following standards:
A. Where an outdoor dining facility or any portion of an outdoor dining facility is located on public property, the owner of the facility shall sign a use of public property agreement approved by the Director of Law that indemnifies and holds the City harmless from any claims, liability or damages arising from the operation or location of the outdoor dining facility, and shall provide an insurance policy in an amount approved by the Director of Law with the City named as an additional insured. Upon approval of the outdoor dining facility conditional use by the Planning Commission, the Director is authorized to enter into the use of public property agreement on behalf of the City.
B. A barrier on some or all sides of the outdoor dining facility may be required. The Planning Commission will make a determination as to the extent and location of a barrier necessary for the outdoor dining facility. Any such barrier shall be in accordance with the Outdoor Dining Design Guidelines and the Ohio Fire Code.
(10) The outdoor dining facility must have adequate illumination during evening hours in accordance with the Outdoor Dining Design Guidelines. All lighting will be designed to minimize the intrusive effect of glare and illumination upon abutting areas, especially residential properties pursuant to Section 1306.311.
(11) Buffering with landscaping or fencing of the outdoor dining facility, if the facility is adjacent to residential or sensitive uses, may be required. Buffering requirements will be determined by the Planning Commission and shall be in accordance with the Outdoor Dining Design Guidelines.
(12) An outdoor dining facility with a capacity of more than eight seats shall be included in the gross floor area square footage to determine parking space requirements per Chapter 1143.
(13) Furniture and enclosures located within the outdoor dining facility may not be stored on the public right-of-way and must be removed entirely from the right-of-way on or before November 30 through March 31. From December 1 through March 31, and in order to take advantage of unseasonable weather or special events, the Director shall have the authority to allow a single-day use of the public right-of-way in accordance with any approved conditional use permit. All furniture and fixtures used in an outdoor dining facility in the public right-of-way must be readily removable without damage to the surface of the right-of-way. An outdoor dining facility located entirely on private property is permitted year-round with prior approval of the Planning Commission.
(14) An outdoor dining facility shall operate only between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday, 8:00 a.m. Friday to 1:00 a.m. Saturday and 8:00 a.m. Saturday to 1:00 a.m. Sunday. The limitations set forth herein, and any additional limitations placed on hours of operation as may be determined by the Planning Commission, are designed to assure adequate peace, quiet and serenity in the evening and morning hours during which residents of the City are entitled to enjoy a period of rest and relaxation without intrusion from the possibilities of excessive noise and activity in adjacent areas. The Planning Commission may temporarily extend the hours and dates of operation of any outdoor dining facility where the outdoor dining facility is located within the footprint of a special event that is either sponsored by the City or permitted under the Codified Ordinances.
(15) Outside entertainment, whether by band, orchestra, instrument, musician, singer, radio, television, loudspeaker, microphone, recital or any other individual, group or mechanical device, shall only be permitted in an outdoor dining facility pursuant to Chapter 515 of the Ordinances of the City. The Planning Commission may prohibit or provide for other restrictions and conditions related to such entertainment as it deems necessary to protect the surrounding neighborhood. All speakers must be facing inward toward the outdoor dining facility. All outdoor entertainment must cease at 10:00 p.m.
(16) Unless otherwise approved by the Architectural Board of Review, signage of any kind is not permitted on tables, umbrellas, chairs, or barriers that are part of the outdoor dining facility.
(17) The outdoor dining facility shall comply with the requirements of the state smoking and tobacco use laws.
(18) The Director may require adjustments, after approval of the Planning Commission, to the layout, dimensions, or distance from the property line of any outdoor dining facility in order to ensure pedestrian safety and maintain shared use of the public right-of-way.
(19) Notwithstanding anything in this chapter or section to the contrary, any outdoor dining facility conditional use permit application shall be heard by the Planning Commission and, if approved, shall expire twelve months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Director if no significant modifications to the conditions of the permit have been proposed and no violations of the Code have been determined. Determination of renewal status is at the discretion of the Director. The conditional use permit for an outdoor dining facility is non-transferable.
(20) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for the outdoor dining facility may be revoked by the Planning Commission after referral to the Planning Commission by the Director and a public hearing. Notice of such hearing shall be sent to the applicant and to others pursuant to Section 1173.07(b)(2) of this Code as if a zoning change were requested. The Director shall have the authority to cancel a use of public property agreement upon thirty days' written notice. Once a notice of cancellation of the use of public property agreement has been issued, the owner of the restaurant has five business days to remove any portion of the outdoor dining facility that is in the public right-of-way and restore the public right-of-way to the condition in which it existed prior to the creation of the outdoor dining facility.
(Ord. 33-2022. Passed 11-21-22.)
(u) 24-Hour Operation. In the C1Office, C2 Retail and C3 General Business Districts a 24-hour operation may be permitted as a conditionally permitted use subject to all or any of the following:
(1) Parking areas shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored if necessary pursuant to Chapter 1141.
(2) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(3) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(4) Any 24-hour operation including an outdoor dining facility shall conform to the design requirements and other regulations pursuant to subsection 1161.03
(t) hereof. (Ord. 40-00. Passed 7-17-2000.)
(5) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas especially residential pursuant to Section 1306.311. (Ord. 2-18. Passed 4-1-2019.)
(6) Any 24-hour operation adjacent to a residential district and/or use shall be enclosed with a six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code. Such fence may be increased in height where the Commission deems necessary and be approved by the Board pursuant to Chapter 1153.
(7) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Codified Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries as it deems necessary to protect the surrounding neighborhood.
(8) Loading, unloading, trash removal, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Codified Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries and trash removal as it deems necessary to protect the surrounding neighborhood.
(9) Crowd control or other security or safety measures and means of control for sounds vibrations or odors may be required as deemed necessary by the Commission.
(10) For any 24-hour operation, in order to address specific conditions, the Commission may limit hours of operation during certain days of the week month or year as deemed necessary to protect the surrounding neighborhood.
(11) A Conditional Use Permit issued pursuant to subsection 1161.03(u) shall expire twelve (12) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary where the Commissioner determines after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit the Commissioner may issue such renewal.
(Ord. 40-00. Passed 7-17-2000.)
(v) Mixed Use Overlay District. In the C1 Office District, C2 Retail District, C3 General Business, C4 Public School District, and the MH, Multiple-Family, High Density, Residential District, a Mixed Use Overlay development may be permitted as a conditional use, provided that the regulations in Chapter 1135, and all other provisions of the Ordinances and this Code that are not in conflict with Chapter 1135 have been satisfied.
(w) Extended Hours of Operation. In the C1 Office District, C2 Retail District, C3 General Business and C4 Public School District, a business may be permitted as a conditionally permitted use with extended hours of operation after 12:00 a.m. or before 6:00 a.m. subject to all or any of the following:
(1) Parking areas shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(2) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical; to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(3) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(4) Any extended hours of operation business including an outdoor/seasonal dining facility shall conform to the design requirements and other regulations pursuant to Section 1161.03(t).
(Ord. 43-08. Passed 4-21-2008.)
(5) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential pursuant to Section 1306.311. (Ord. 2-18. Passed 4-1-2019.)
(6) Any extended hours of operation business adjacent to a residential district and/or use shall be enclosed with a six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325. Such fence may be increased in height where the Commission deems necessary and be approved by the Board pursuant to Chapter 1153.
(7) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries, as it deems necessary to protect the surrounding neighborhood.
(8) Crowd control or other security or safety measures and means of control for sounds, vibrations or odors may be required as deemed necessary by the Commission.
(9) For any extended hours of operation business, in order to address specific conditions, the Commission may limit hours of operation during certain days of the week, month or year as deemed necessary to protect the surrounding neighborhood.
(10) A Conditional Use Permit issued pursuant to subsection 1161.03(w) shall expire twelve (12) months after the date of issuance.
Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit, the Commissioner may issue such renewal.
(Ord. 43-08. Passed 4-21-2008.)
(x) Residential Wind Turbines. In a residential district, residential wind turbines may be permitted as a conditionally permitted use where the proposed use complies with all applicable local, State and Federal laws.
(Ord. 73-08. Passed 9-2-2008.)
(y) Drive-Through Facility. In a C1 Office, C2 Retail, C3 General Business or PD Planned Development District, a drive-through facility may be conditionally permitted as an accessory use provided that:
(1) Equipment installed for the operation of the drive-through facility including, but not limited to point of service speakers, service windows, menu boards, vacuums, and washing bays shall not be located within fifty (50) feet of the nearest point of a dwelling regardless of the permitted use of the property;
(2) Subject to Section 1129.16(d), no drive-through facility shall be operated between the hours of 12:00 a.m. and 6:00 a.m., and no drive-through facility abutting residentially zoned or residentially used property shall be operated between the hours of 10:00 p.m. and 6:00 a.m.;
(3) Any drive-through equipment used in the drive-through facility including but not limited to point of sale speakers, vacuums, and windows shall be designed and oriented to minimize the effect on abutting residential properties; sound attenuation walls, landscaping or other materials shall be used, as approved by the Architectural Board of Review where necessary;
(4) A traffic impact analysis shall be submitted by the applicant for the streets, signalized intersections and unsignalized intersections in the vicinity of the development to illustrate the pre-development and post-development traffic volumes and delay per vehicle at intersections, which analysis may be waived at the discretion of the Director with the agreement of the City Engineer but may, notwithstanding a waiver, be required by the Commission;
(5) Adequate measures will be taken by the applicant to ensure that an acceptable flow of traffic will be maintained;
(Ord. 43-11. Passed 1-17-2012.)
(6) A photometric study shall be required and the lighting design shall be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, all lights shall be full cutoff fixtures and spotlights shall be projected down; all lighting shall be designed in a manner to minimize the intrusive effect of glare and illumination upon abutting properties, especially residential properties pursuant to Section 1306.311;
(Ord. 2-18. Passed 4-1-2019.)
(7) Landscaping and screening pursuant to Chapter 1141, as approved by the Architectural Board of Review, shall be provided; where such use abuts a residential district or use, said landscaped area shall not be less than ten (10) feet wide.
(8) The drive-through stacking lane shall be situated so that any overflow from the stacking lane shall not spill out onto public streets;
(9) The drive-through stacking lane shall be clearly delineated from the user’s parking lot and shall have a capacity as stated in Schedule 1143.05of this Code;
(10) Each stacking space shall be a minimum of twenty (20) feet in length; stacking requirements shall be measured from the first point of contact with the drive-through facility;
(11) No ingress or egress points shall conflict with turning movements of street intersections;
(12) Pedestrian crossing of the drive-through lane shall be clearly delineated by crosswalks; and
(13) Drive-through banking facilities should also feature a walk-up window or self-service automatic teller.
(Ord. 43-11. Passed 1-17-2012.)
(z) Body Art Establishments. In a C1 Office, C2 Retail or C3 General Business District a body art establishment, as defined by the Ohio Administrative Code, may be a conditionally permitted use provided the requirements of this section are met. For the purposes of this section, body art shall not include body piercing. Body piercing is regulated by Section 1161.03
(aa).
(1) The body art establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code;
(2) In addition to the requirements of the Ohio Administrative Code, the body art establishment shall only use single-use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single use and shall not autoclave, sterilize or reuse any equipment which is available as a single-use item;
(3) The owner or manager of the establishment shall be a body artist as qualified under the Ohio Administrative Code with not less than three years' documentable experience within the last ten years not including any apprenticeship period. Acceptable documentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to employment records, references, and proof of ownership of another body art establishment;
(4) No body art establishment shall be located within 500 feet of a school, playground or park or within 2,500 feet of another body art establishment;
(5) The owner of the establishment shall submit proof of general liability insurance in the amount of one million dollars ($1,000,000) along with its application for conditional use permit;
(6) Time-limited or special-event body art establishments shall not be permitted;
(7) No electronic signage shall be permitted at a body art establishment and only the business name may be permitted on any signage;
(8) Body art establishments shall only be permitted to operate between the hours of 8:00 a.m. and 9:00 p.m.;
(9) Body art establishments shall dispose of all infectious waste through a qualified contractor, no infectious waste shall be disposed of with regular waste generated by the establishment.
(Ord. 39-2023. Passed 1-16-24.)
(aa) Body Piercing, Cosmetic and Medical Tattoo Establishments.
(1) Body piercing establishment is defined as a commercial business that uses instruments to pierce a hole into a lip, naval, or other body part and inserting a ring, stud, or other ornamentation.
(2) Cosmetic tattoo establishment is defined as a commercial business that uses tattooing techniques to provide semi-permanent cosmetics, microblading, micropigmentation, and similar personal care services and includes but is not limited to the practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. The use is also commonly known as dermal implantation, microstroking, eyebrow embroidery, and long-time/long-lasting makeup.
(3) Medical tattoo establishment is defined as a commercial business that uses tattooing techniques to restore existing medically diagnosed skin conditions or a condition resulting in surgery including but not limited to restoring the original skin color by tattooing an area to correct skin pigmentation, to conceal scarring, to correct a tissue alteration such as a lip damaged by a cleft lip, or to reconstruct a mammary areola amputated as a result of a mastectomy.
(4) Cosmetic tattooing and medical tattooing do not include other forms of body art such as the adornment of the body with letters, images, drawings, or other illustrations and or other illustrations.
(5) In a C1 Office, C2 Retail or C3 General Business District a body piercing establishment, cosmetic tattoo establishment or medical tattoo establishment, as defined by this section, may be a conditionally permitted use provided that:
A. The body piercing establishment, cosmetic tattoo or medical tattoo establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code;
B. In addition to the requirements of the Ohio Administrative Code, the body piercing establishment, cosmetic tattoo or medical tattoo establishment shall only use single-use marking instruments, microblading pens, containers for ink, pigment or dyes, and any other equipment that is available for single use and shall not autoclave, sterilize or reuse any equipment which is available as a single-use item;
C. Body artists providing body piercing, or cosmetic or medical tattooing must be qualified under the Ohio Administrative Code with not less than three years documentable experience within the last ten years not including any apprenticeship period. Acceptable documentation of experience shall be submitted with the application for conditional use permit and shall include but not be limited to employment records, references, and any other documentation deemed necessary to determine compliance with this section;
D. The owner of the establishment shall submit proof of general liability insurance in the amount determined necessary by the Law Director along with its application for conditional use permit;
E. No electronic signage shall be permitted at a body piercing establishment, cosmetic tattoo or medical tattoo establishment;
F. Body piercing, cosmetic tattoo or medical tattoo establishments shall dispose of all infectious waste through a qualified contractor, no infectious waste shall be disposed of with regular waste generated by the establishment;
(6) Time-limited or special-event body piercing, cosmetic tattoo or medical tattoo establishments shall not be permitted. Body piercing, cosmetic tattoo or medical tattoo establishments shall only be permitted to operate between the hours of 6:00 a.m. and 9:00 p.m.
(Ord. 39-2023. Passed 1-16-24.)
(bb) Accessory Dwelling Units. In a R2 Single- and Two-Family District accessory dwelling units may be permitted as a conditionally permitted use subject to the following regulations:
(1) The lot on which an accessory dwelling unit is placed shall have only one existing dwelling unit.
(2) The lot must be continuously occupied by the majority owner of the lot as their primary residence and as evidenced by documentation determined sufficient by the Planning & Development Director or designee.
(3) The accessory dwelling unit may be attached to or detached from any principal or accessory structure. If attached to a principal structure, the accessory dwelling unit must be designed in a manner to minimize the impact to the principal structure, to the maximum extent practical, and reviewed and approved by the Architectural Board of Review.
(4) For any accessory dwelling unit proposed over an existing accessory structure (i.e., a garage) the existing structure must meet current Building Code requirements.
(5) The accessory dwelling unit must be located in a side or rear yard and not be closer to any street frontage than the primary structure. In the case of a double frontage lot, the accessory dwelling unit shall meet the applicable setback standards.
(6) The minimum gross floor area of the accessory dwelling unit shall be that required by the applicable Building Code in effect at the time any permit is issued.
(7) The maximum gross floor area of the accessory dwelling unit shall be 50% of the gross lot coverage area of the principal structure, excluding porches, decks, and patios, or 1,000 square feet, whichever is less. The maximum gross floor area shall not include any exterior stairs or landings required for ingress or egress.
(8) For accessory dwelling units attached to the principal structure, the maximum height shall be that applicable for the principal structure. For accessory dwelling units that are detached or attached to an accessory structure, the maximum height shall be that applicable for an accessory structure. In no instance shall the height of the accessory dwelling unit exceed the height of the principal structure.
(9) The accessory dwelling unit must be reviewed and approved by the Architectural Board of Review in accordance with any applicable requirements, standards, and guidelines.
(10) There shall be one designated off-street parking space on the lot on which the accessory dwelling unit is located.
(11) The accessory dwelling unit must be separately addressed with the address posted in accordance with Ohio Fire Code.
(12) An accessory dwelling unit cannot be separately conveyed for sale or purchase from the principal structure on the lot.
(13) The minimum rental term for an accessory dwelling unit shall not be less than 60 days.
(14) No certificate of compliance or completion or permit to occupy an accessory dwelling unit shall be issued until evidence is provided to the Planning & Development Director, or designee that a deed restriction providing notice of the regulations of this chapter and section, on a form approved by the Law Director, or designee, has been recorded on the lot with Cuyahoga County.
(Ord. 07-2023. Passed 11-20-23.)
1163.01 PURPOSE.
(a) Purpose. It is the purpose of this Chapter to regulate Sexually Oriented Businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of Sexually Oriented Businesses within the City. The provisions of this Chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
(b) Findings. The City Council has received substantial evidence concerning the association of negative secondary effects with Sexually Oriented Businesses in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona: Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(Ord. 25-01. Passed 7-2-2001.)
1163.02 DEFINITIONS.
(a) ADULT ARCADE means any place to which the public is permitted or invited where one (1) or more “video booths” and/or “live viewing booths” are available to patrons where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment that as a substantial or significant portion of its business regularly features:
(1) Persons who appear in areas of the establishment open to patrons in a “state of nudity” or “state of semi-nudity” so as to expose to view “specified anatomical areas”; or
(2) Any live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”; or
(3) “Adult media.”
(c) ADULT MEDIA means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”
(d) ADULT MEDIA STORE means an establishment that rents and/or sells adult media and that meets any of the following tests:
(1) More than forty percent (40%) of the gross public floor area is devoted to adult media; or
(2) More than forty percent (40%) of the stock in trade consists of adult media; or
(3) A media store which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business.
(e) ADULT MOTEL means a hotel, motel or similar commercial establishment as regulated by Licensing Ordinance 28-01; Section 777.17, Prohibition of Adult Motels, which:
(1) Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(f) ADULT MOTION PICTURE THEATER means a commercial establishment occupying a building or portion of a building (including any portion of a building which contains more than 150 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(g) ADULT NOVELTY STORE means a business offering goods for sale or rent and that meets any of the following tests:
(1) More than five percent (5%) of the stock in trade of the business consists of “sexually-oriented novelties or toys” and more than five percent (5%) of the gross public floor area of the business is devoted to the display of “sexually-oriented novelties or toys”; or
(2) It offers for sale items from any two (2) of the following categories: “adult media,” “sexually-oriented novelties or toys,” apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business and occupies more than ten percent (10%) of the gross public floor area of the business; or
(3) Which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “sex toys, “marital aids,” “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business.
(4) ADULT NOVELTY STORE shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
(h) ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment that as a substantial or significant portion of its business regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by an emphasis on the depiction or description of “specified anatomical areas,” “specified sexual activities,” or live entertainment of an erotic nature that is characterized by an emphasis on the depiction or description of “specified anatomical areas,” or “specified sexual activities”.
(i) ESTABLISHMENT means and includes any of the following:
(1) The opening or commencement of any Sexually Oriented Business as a new business;
(2) The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;
(3) The addition of another Sexually Oriented Business to any other existing Sexually Oriented Business; or
(4) The relocation of any Sexually Oriented Business.
(j) GROSS PUBLIC FLOOR AREA means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
(k) NUDE MODEL STUDIO means any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one (1) semi-nude model is on the premises at any one time.
(l) NUDITY or STATE OF NUDITY or NUDE means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(m) SEMI-NUDITY or SEMINUDE CONDITION or SEMI-NUDE means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(n) SEXUAL ENCOUNTER CENTER means a commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is semi-nude.
(3) SEXUAL ENCOUNTER CENTER shall not include:
A. Any establishment or professional practice operated or conducted by a medical practitioner, physical therapist, rehabilitation therapist, or a massage therapist, if such person is licensed by or registered with the State of Ohio, or licensed by the City of Lakewood, while practicing within the scope of such license or registration and according to the standards and ethics of such profession or of any person acting under the supervision of a medical practitioner, physical therapist, rehabilitation therapist, or massage therapist; or
B. Any establishment or professional practice operated or conducted by a health care professional licensed in the State of Ohio while practicing within the scope of such license and according to the standards and ethics of such profession or of any person acting under the supervision of a licensed health care professional.
(o) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually Oriented Business” does not include an adult motel as defined above.
(p) SEXUALLY ORIENTED NOVELTIES OR TOYS means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with “specified sexual activities.”
(q) SPECIFIED ANATOMICAL AREAS means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(r) SPECIFIED SEXUAL ACTIVITIES means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsection (r)(1) and (2) above.
(s) SUBSTANTIAL ENLARGEMENT of a Sexually Oriented Business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this section takes effect.
(t) STOCK IN TRADE means the individual items displayed in areas open to the public and offered for sale or rental in an establishment.
(Ord. 25-01. Passed 7-2-2001.)
1163.03 CLASSIFICATIONS.
Sexually Oriented Businesses are classified as follows:
(a) Adult arcades;
(b) Adult cabarets;
(c) Adult media stores;
(d) Adult novelty stores;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Nude model studios;
(h) Sexual encounter centers; and
(i) Any combination of classifications set forth in paragraphs (a) through (h) above.
(Ord. 25-01. Passed 7-2-2001.)
1163.04 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Sexually Oriented Businesses may be located only in a C1 Office, C2 Retail, and C3 General Business Districts as a permitted use pursuant to Section 1129.02 and in accordance with the restrictions contained in subsections (b) through (i) below.
(b) No Sexually Oriented Businesses may be established or operated within 500 feet of:
(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility that serves persons younger than eighteen (18) years of age, including but not limited to nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(4) Any private property containing a community/recreation center including the YMCA that regularly serves persons younger than eighteen (18) years of age;
(5) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the
City which is under the control, operation, or management of the City, the Board of Education, or another public entity;
(6) A public library or museum that regularly serves persons younger than eighteen (18) years of age.
(c) No Sexually Oriented Businesses may be established or operated on any lot within 200 feet of the centerline of the following designated economic development areas and major thoroughfares: West 117th Street, Bunts Road, Detroit Avenue, McKinley Avenue/Larchmont Avenue, Warren Road, the intersection of Lark Street and Madison Avenue east to West 117th Street, and all commercially zoned parcels located between Fry Avenue and West 117th Street north of Detroit Avenue and all commercially zoned parcels located between Newman Avenue and West 117th Street north of Madison Avenue, known as the Berea Road/West 117th Street Study Area; and, the intersection of Arthur Avenue and Madison Avenue west to the intersection of Wagar Avenue and Madison Avenue including Hilliard Road from Carabel Avenue west to Eldred Avenue, known as the Hilliard Triangle.
(d) No Adult Cabaret, as defined in Section 1163.02 of this Chapter, may be established or operated within 200 feet of:
(1) A boundary of a residential district as defined in the
Code;
(2) Any structure that contains a permitted or conditionally permitted residential use or a lawful non-conforming residential use as defined in the
Code.
(e) No Sexually Oriented Business may be established, operated or enlarged within 500 feet of another Sexually Oriented Business .
(f) Not more than one (1) Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented Business may not be increased.
(g) For the purpose of subsections (b) and (d) of this Section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a Sexually Oriented Business is conducted, to the nearest property line of the premises of a use listed in Sections 1163.04(b)(1) through (6) and 1163.04(d)(1) and (2) following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(h) For the purpose of subsection (c) of this Section, measurement shall be made in a straight line from the centerline of the street to the nearest portion of any zoning lot.
(i) For purposes of subsection (e) of this Section, the distance between any two (2) Sexually Oriented Business shall be measured from the closest exterior wall of the structure in which each business is located, following the routes of property lines along public rights-of-way (to approximate pedestrian distances).
(Ord. 25-01. Passed 9-2-2001.)
1163.05 DESIGN GUIDELINES FOR SEXUALLY ORIENTED BUSINESSES.
(a) Parking for a Sexually Oriented Business shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(b) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(c) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(d) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.
(e) Any Sexually Oriented Business adjacent to a residential district and/or use shall contain a minimum six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325.
(f) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances.
(g) Loading, unloading, trash removal, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances.
(h) Lot area and frontage regulations pursuant to Section 1129.05.
(i) Minimum yard requirements for principal uses pursuant to Section 1129.06.
(j) Height regulations pursuant to Section 1129.07.
(Ord. 25-01. Passed 7-2-2001.)
1163.06 OFF-STREET PARKING.
1163.07 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
(c) All signs for a Sexually Oriented Business shall be maintained in accordance with Section 1329.13 of the Building Code and may be ordered to be removed in accordance with the provisions of that Section.
(d) No merchandise or pictures of the products or entertainment on the premises of a Sexually Oriented Business shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building.
(e) Window areas of a Sexually Oriented Business shall not be covered or made opaque in any way. No signs shall be placed in any window. A one (1) square foot sign shall be placed on the door to state hours of operation and admittance to adults only.
(Ord. 25-01. Passed 7-2-2001.)
1163.08 LICENSING.
1163.09 SEVERABILITY.
If any section, subsection, or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(Ord. 25-01. Passed 7-2-2001.)
1165.01 PURPOSE.
It is the purpose of this chapter to regulate marijuana dispensaries in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location, operation and concentration of marijuana dispensaries within the City.
(Ord. 42-2023. Passed 6-3-24.)
1165.02 DEFINITIONS.
For purposes of this chapter,
(a) "Marijuana" shall have the same meaning as in R.C. § 3719.01.
(b) " School," "church," "public library," "public playground," and "public park" shall have the same meanings as is R.C. § 3796.30.
(c) "Marijuana dispensary" means an entity licensed pursuant to R.C. §§ 3796.10 and/or 3780.17 and any rules promulgated thereunder to sell adult use and/or medical marijuana as authorized.
(d) "Operate" means to control or hold primary responsibility for the operation of a marijuana dispensary, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of a marijuana dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of a marijuana dispensary or who causes to function or who puts or keeps in operation the business. A person may be found to be in operation or causing to be operated a marijuana dispensary whether or not that person is an owner, or part owner of the business.
(e) " Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(f) "Director" shall mean the Director of Planning and Development.
(Ord. 42-2023. Passed 6-3-24.)
1165.03 LOCATION OF MARIJUANA DISPENSARIES.
(b) No marijuana dispensaries may be established or operated within 500 feet of a school, church, public library, public playground, or public park in the City.
(c) No marijuana dispensary may be established, operated or enlarged within one mile of another marijuana dispensary.
(d) For the purpose of subsections (b) and (c) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a marijuana dispensary is conducted, to the nearest property line of the premises of a marijuana dispensary or a school, church, public library, public playground, or public park.
(Ord. 42-2023. Passed 6-3-24.)
1165.04 DESIGN GUIDELINES FOR MARIJUANA DISPENSARIES.
(a) Parking for a marijuana dispensary shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(b) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(c) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(d) All exterior site and building lighting, which shall be provided, must be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.
(e) Any marijuana dispensary adjacent to a residential district and/or use shall contain a minimum six-foot-high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code.
(f) Marijuana dispensaries shall not have a drive through window.
(g) Rules, regulations and local permitting requirements imposed on a marijuana dispensary by the City shall be interpreted in all instances to conform to the state licensing requirements for dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on a marijuana dispensary than the state licensing requirements, the local provisions shall be enforced.
(h) Applicants must meet any additional criteria and fulfill any additional requirements associated with obtaining a conditional use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.
(Ord. 42-2023. Passed 6-3-24.)
1165.05 OFF-STREET PARKING.
Off-street parking for a marijuana dispensary shall be provided, pursuant to Chapter 1143, except that the Commission may require an off-street parking plan.
(Ord. 42-2023. Passed 6-3-24.)
1165.06 SIGN REGULATIONS FOR MARIJUANA DISPENSARIES.
(b) All signs for a marijuana dispensary shall be maintained in accordance with Section 1329.13 of the Building Code and may be ordered to be removed in accordance with the provisions of that section.
(c) No merchandise or pictures of the products on the premises of a marijuana dispensary shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means.
(d) Window areas of a marijuana dispensary shall not be covered or made opaque in any way. A one-square-foot sign shall be placed on the door to state hours of operation.
(Ord. 42-2023. Passed 6-3-24.)
1165.07 SECURITY PLAN.
(a) Each application for conditional use under this chapter shall be submitted along with a security plan for review and approval by the Chief of Police. The security plan shall be on a form or in a manner prescribed by the Chief and shall include, at a minimum:
(1) A lighting plan that identifies how the interior, facade, adjoining sidewalks, parking areas and immediate surrounding areas of the dispensary will be illuminated and how the lighting will deflect light away from adjacent properties; and
(2) Identification of operable cameras, alarms, security guards and other security measures to be present on the premises whether during or outside business hours.
(b) The security plan should address the applicants' use of off-street parking and proposed use of armed security guards, video surveillance and door, building and parking lot security as appropriate. The applicant shall supply all additional information requested by the Chief necessary for the Chief to evaluate the security plan.
(c) The security plan shall not be submitted to the Planning Commission nor become part of the public record.
(Ord. 42-2023. Passed 6-3-24.)
1165.08 HEARING; RENEWAL; REVOCATION.
(a) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire 12 months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Director if no significant modifications to the conditions of the permit have been proposed and no violations have been determined. Violations may include, for example, legitimate loitering complaints, excessive police calls to the immediate vicinity, noise complaints, non-compliance with the terms of the conditional use permit, or non-compliance with other applicable state or local regulation. The marijuana dispensary shall have a reasonable opportunity and time to cure the complaint or possible non-compliance as defined in this section before being subject to revocation or suspension.
(b) Determination of administrative renewal is at the discretion of the Director. Renewal applications must be submitted in writing at least 30 days prior to expiration of permit.
(c) The conditional use permit for a marijuana dispensary is non-transferable.
(d) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for a marijuana dispensary may be revoked by the Planning Commission after referral to the Planning Commission by the Director and after a public hearing on whether violations have occurred or the spirit and intent of the conditional use permit has not been met. Notice of such hearing shall be sent to the marijuana dispensary and to others pursuant to Section 1173.07(b)(2) as if a zoning change were requested.
(Ord. 42-2023. Passed 6-3-24.)
1165.09 SEVERABILITY.
If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(Ord. 32-17. Passed 10-2-2017.)