Lorain City Zoning Code
TITLE SEVEN
Supplemental Zoning Regulations
1141.01 MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Whenever the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern.
(Ord. 4-21. Passed 1-4-21.)
1141.02 CONFORMANCE REQUIRED.
No building, structure or land shall hereafter be used or occupied, and no structure or part of a structure shall be erected, constructed, reconstructed, moved, or structurally altered, unless in conformity with all regulations specified for the zoning district in which it is located.
(Ord. 4-21. Passed 1-4-21.)
1141.03 UNLAWFUL BUILDINGS AND USES.
Any building, use, or lot which has been unlawfully constructed, occupied or created prior to the date of adoption of this Ordinance shall continue to be unlawful, unless expressly permitted by this Ordinance. Such unlawful buildings, uses or lots shall not be considered nonconforming buildings or uses or lots of record and shall not be afforded any protections or allowances otherwise granted to legally nonconforming buildings, uses or lots.
(Ord. 4-21. Passed 1-4-21.)
1141.04 YARDS AND LOTS ARE MINIMUM.
No lot or lots in common ownership and no yard, court, parking area or other space shall be so divided, altered, or reduced as to make the area or space smaller than the minimum required under this Ordinance. If already less than the minimum size required, the area or space shall not be further divided or reduced.
(Ord. 4-21. Passed 1-4-21.)
1141.05 APPLICATION OF AREA AND YARD REGULATIONS.
All yards or other open spaces required by the provisions of this zoning ordinance shall remain open and unoccupied by any building or structure, except that accessory buildings may be built within required rear yards in Residential Districts, as provided in Section 1141.29.
(Ord. 4-21. Passed 1-4-21.)
1141.06 ACCESS TO BUILDINGS.
All buildings shall be located on a lot adjacent to a public street, or to an approved private street, and all buildings shall be located on lots so to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(Ord. 4-21. Passed 1-4-21.)
1141.07 PROJECTIONS INTO YARDS.
(a) Open structures such as porches, canopies, balconies, carports, covered patios and similar architectural projections with roofs shall be considered part of the building to which attached and shall not project into a required front, side or rear yard.
(b) When an existing porch encroaches upon a required yard, the enclosing of the porch shall be limited to panels of screen and/or glass. The area of panels from a point thirty (30) inches above the porch floor shall be eighty percent (80%) glass and/or screening. Glass panels may be adjustable or removable to permit ventilation. No additional or enlarged opening may be provided between the porch and the main structure to enlarge the habitable area. The porch shall not be heated or air conditioned. (Ord. 4-21. Passed 1-4-21.)
1141.08 FENCES AND WALLS.
(a) The erection of a fence shall require a fence permit. The application for a fence permit shall be accompanied by a plot plan and payment of a fee in accordance with the schedule of fees established by the City Council.
(b) Fences shall include all the following: walls, hedges, prefabricated fences, wood fences, picket fences, wire fences, grape stake fences, and any ornamental decoration used to enclose an area of property to prevent trespass or for aesthetics.
(c) Fences shall be permitted to be erected along any property line, with the decorative side displayed to the adjoining property, provided that the adjoining property owner consents to the erection of the fence along the joint property line. Should there be an existing fence along such property line, another fence along the same property line shall be prohibited; provided, a fence may be erected if the distance between the two (2) fences is sufficient to allow the maintenance of both fences and the area between them. The owner of a fence shall be responsible for the maintenance of the fence; keeping it free from weeds and rubbish; in a good state of repair; painted, upright and sturdy; free from broken boards and rust. Should the neighboring property owner object to the installation of the fence upon the property line, a minimum distance of one (1) foot shall be maintained between the lots, whether on the side yard or rear yard. No fence shall be erected within two (2) feet of any street or alley right-of-way line and any fence in the front yard shall conform to the requirements of Section 1141.09 for clear vision corners.
(d) A fence not less than six (6) feet above grade shall be constructed around the rear yard of any property upon which an in ground or above ground pool is located. The fence may be constructed or installed to enclose all or such lesser portion of the rear yard as the property owner desires, however such fence, at a minimum, must enclose the entire pool and may not be in violation of any restrictions related to the permissible location of fences along lot lines. Pools shall only be located in rear yards. Above ground pools may use attachable pool fencing to a minimum height of six (6) feet above grade with a tilt up lockable ladder.
(e) The height of all fences shall be measured from the natural grade to the highest point of the fence. Fences shall follow the contour of the ground as far as possible. At his/her sole discretion, the zoning administrator may allow minor deviation from the height regulations to account for variations in the topography of the lot and/or the use of pre-fabricated fence components.
(f) Fences erected in Residential Districts shall not exceed a height of six (6) feet. No fence that encloses a rear yard or side yard shall be erected closer to the front lot line than the front building line of the principal building. Fences erected in Commercial or Business Districts shall not exceed a height of seven (7) feet. Such fence shall enclose only the rear and side yard areas and shall not be permitted to pass the front building line. Fences erected in an Industrial District shall not exceed eight (8) feet in height, except that if the lot being fenced abuts a Commercial or Business District, the maximum permitted height shall be seven (7) feet, and if the lot being fenced abuts a Residential District the maximum permitted height shall be six (6) feet. No fence taller than three (3) feet high shall be erected in the front yard within any zoning district.
(g) On corner lots, no fence shall be erected within twenty (20) feet of the public right-of-way to either corner; provided, fences adjacent to parking lots may be erected within ten (10) feet of a public right-of-way.
(h) No fence, hedge, bushes or ornamental decoration shall be permitted to impair the vision of traffic or pedestrians in the use of the public right-of-way.
(i) No fence shall be constructed of barbed wire or razor wire, or be in any way electrified, or be topped with broken glass, spikes, or other sharp-edged materials. In Industrial Districts only, a fence may be topped with barbed wire provided that it is installed at an angle of forty-five (45) degrees to the inside of the fenced area, and away from any adjoining property, sidewalk, or right-of-way. The height of the topmost strand of wire shall not exceed eight (8) feet and the minimum height of the lower most strand of wire shall not be lower than seven (7) feet.
(j) All solid fences shall provide for the proper drainage of water and outlets shall be placed at the bottom of the fence to eliminate possible accumulation of water or other adverse effects.
(k) All fenced enclosures shall be provided with gates to permit the entry of safety personnel. Gates shall not be less than three (3) feet in width. No gate shall swing over a public right-of-way. (Ord. 4-21. Passed 1-4-21.)
1141.09 CLEAR VISION CORNER.
In all zoning districts, except the B-3, Downtown District, signs, fences, walls, structures, benches, shrubbery or other potential obstructions to vision, shall not be permitted to exceed a height of three (3) feet within a triangular area formed by the intersection of the street right-of-way lines and a line connecting two (2) points located on those intersescting right-of-way lines twenty-five (25) feet from the point where the right-of-way lines intersect; provided, utility poles, street lights and street signs shall be exempt from this requirement.
(Ord. 4-21. Passed 1-4-21.)
1141.10 LOTS ON MAJOR THOROUGHFARES; EXCEPTION.
Where a lot fronts on a street identified on the City's Major Thoroughfare Plan, the setback for the required front yard shall be measured from the proposed right-of-way line, if different than the existing right-of-way. Similarly, for corner lots, the width of the required side yard shall be measured from the proposed right-of-way line.
(Ord. 4-21. Passed 1-4-21.)
1141.11 SETBACK REQUIREMENTS AND MEASUREMENT.
A building shall not be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the setback requirements of the district in which it is located. All setbacks shall be measured from the property lines. If located on a private road, the setback shall be measured from the easement line.
(Ord. 4-21. Passed 1-4-21.)
1141.12 FRONT SETBACK.
All yards abutting upon a public street right-of-way or private street easement shall be considered as front yards for setback purposes, except as otherwise provided in this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
1141.13 CORNER LOTS.
On corner lots, the minimum setback requirements shall be met in accordance with the provisions of applicable dimensional requirements for the respective zoning district. Each corner lot shall be comprised of a front yard, a street side yard, an interior side yard, and a rear yard opposite the front yard. The yard having the shortest length abutting the public right-of-way or private street easement shall be considered the "front" yard.
(Ord. 4-21. Passed 1-4-21.)
1141.14 CUL DE SAC LOTS.
In the case of lots abutting cul-de-sac streets, the minimum required lot width shall be measured at the required front setback line. Cul-de-sac lots shall have a minimum width of forty (40) feet at the front lot line; provided, if the minimum required lot width is less than forty (40) feet, the minimum width at the front lot line shall be at least sixty percent (60%) of the minimum required width. (Ord. 4-21. Passed 1-4-21.)
1141.15 THROUGH LOTS.
On through lots, the minimum front yard requirement shall be met on each street in accordance with the provisions of this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
1141.16 UNIFORM OR AVERAGE SETBACK.
In Residential, Business or Industrial Districts, the required front yard setback shall be modified in the following situations:
(a) Uniform Setback Line. Where a uniform setback line of more, or of less, than the normal setback distance has been established on one side of a street between two intersecting streets or for a distance of 300 feet on each side of the lot in question, no building hereafter erected or structurally altered shall project beyond such uniform setback line.
(b) Average Setback Line. Where no uniform setback line is observed, but the average setback of lots abutting upon one side of a street between two intersecting streets or for a distance of 300 feet on each side of the lot in question is built up with principal buildings having an average setback line of more, or of less, than the required setback distance, no building hereafter erected or structurally altered shall project beyond such average setback line.
(Ord. 4-21. Passed 1-4-21.)
1141.17 MANUFACTURED HOMES OR TRAILERS.
(a) A manufactured home or trailer shall not be permitted as an accessory building.
(b) A manufactured home or trailer may be used as a temporary office or building incidental to construction or development of the premises on which the unit is located, but only during the time construction or development is actively underway.
(c) A manufactured home or trailer may be used as a sales office shall cease and it shall be removed from the property no later than one (1) year after the first home in the development has been completed.
(d) Permanently sited ma ufactured homes meeting the standards of Section 3781.184(C)(1) of the Ohio Revised Code and the requirements of this zoning code shall be permitted.
(Ord. 106-25. Passed 7-21-25.)
1141.18 RESTORING UNSAFE BUILDINGS.
Nothing in this Ordinance shall prevent the strengthening or restoration to a safe condition of any part of any building or structure declared unsafe by the building official, or required to comply with his lawful order; provided, such restoration shall be subject to and completed in accordance with the City of Lorain Building Code and all other applicable ordinances. Nonconforming buildings and uses shall also be subject to the limitations of Chapter 1153 of this Ordinance and Chapter 1523 of the City of Lorain Codified Ordinances concerning the abatement of any nuisance resulting from the existence of an unsafe building, structure or property.
(Ord. 4-21. Passed 1-4-21.)
1141.19 ENCROACHMENT INTO RIGHT-OF-WAY.
No buildings, structures, service areas or off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.
(Ord. 4-21. Passed 1-4-21.)
1141.20 ILLEGAL DWELLINGS.
The use of any basement or floor area below base flood elevation for dwelling purposes is prohibited in all zoning districts, unless the basement or floor area meets the applicable building code requirements. Buildings erected as garages or accessory buildings, except approved accessory dwelling units, shall not be occupied for dwelling purposes.
(Ord. 4-21. Passed 1-4-21.)
1141.21 HEIGHT EXCEPTIONS.
(a) In any district, the height of public or semi-public buildings, hospitals, churches and other places of worship, schools and educational institutions may be increased to sixty (60) feet; provided, required side and rear yards are each increased by one (1) foot for each foot of additional building height above the maximum height permitted within the district in which the building is located.
(b) In any district, the height limitation for the district may be exceeded by a monument, spire, or shaft intended for ornamental purposes only.
(c) In any Business or Industrial district, the height limitation may be exceeded by structures requiring special design on account of their particular use in industry or commerce, such as chimneys, stacks, detached water towers, electrical transmission towers, and similar uses, provided they otherwise comply with zoning regulations and are approved by the Zoning Board of Appeals. (Ord. 4-21. Passed 1-4-21.)
1141.22 MECHANICAL APPURTENANCES.
(a) Mechanical units located on the ground shall be located in the rear or side yard, not closer than three (3) feet to adjoining property. The mechanical equipment shall be architecturally integrated or appropriately screened by shrubbery or fencing to limit visibility from the street and neighboring property when reasonably possible. Screening shall comply with the requirements of Section 1147.04(c).
(b) If located on the roof of a building or in a location that cannot otherwise be screened, the equipment shall be enclosed or designed in a manner that is architecturally integrated with the building where it is located.
(c) Mechanical units shall not be placed within any easement.
(Ord. 4-21. Passed 1-4-21.)
1141.23 OUTDOOR STORAGE.
Outdoor storage of merchandise, equipment, supplies, products or other materials shall only be permitted as a conditional use within those districts and under such conditions as specifically authorized by this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
1141.24 PARKING, STORAGE AND REPAIR OF VEHICLES.
(a) It shall be unlawful for the owner, tenant or lessee of any building or land within the city to permit the open storage or parking of any inoperable motor vehicle, machinery or equipment, or parts thereof, outside of an enclosed garage or enclosed building, for a period of more than forty-eight (48) hours. An inoperable motor vehicle for purposes of this subsection shall include motor vehicles which, by reason of dismantling, disrepair or other cause, are incapable of being propelled under their own power, or are unsafe for operation on the streets and highways of this state because of the inability to comply with the Ohio Motor Vehicles and Traffic Code, or do not have a current license and registration as required for operation by the Ohio Motor Vehicles and Traffic Code.
(b) The repair, restoration and maintenance of vehicles in any residential district or on property containing a dwelling unit, shall be conducted entirely within an enclosed building, except for those activities that can be and are completed in less than twenty-four (24) hours. All such repair shall take place on private property and may not be conducted within the public right-of-way.
(c) It shall be unlawful for the owner, tenant or lessee of any lot or building in a residential district or on property containing a dwelling unit to permit the open storage or parking outside of a building of semi-truck tractors and/or semi-truck trailers, any truck having a rated load capacity in excess of one (1) ton, bulldozers, earth carriers, cranes or any other similar equipment or machinery, unless parked for purposes of construction being conducted on that lot.
(Ord. 4-21. Passed 1-4-21.)
1141.25 PARKING AND STORAGE OF RECREATIONAL VEHICLES.
Recreational vehicles may be parked or stored outside an enclosed building on any lot within a residential district; provided, the following requirements are met:
(a) Recreational vehicles shall not be parked or stored within a front yard; provided, such vehicle may be parked on a driveway for a period not exceeding forty-eight (48) hours within seven (7) consecutive days for the purpose of cleaning, maintenance, or preparation.
(b) Recreational vehicles may be stored year-round within a non-required side or rear yard; provided, the vehicle is on a hard-surfaced area of a length and width at least equal to the full length and width of the recreational vehicle and is screened from view of adjoining properties in accordance with the requirements of Section 1147.04(c). The required hard surface shall consist of either four inches (4") of Portland cement, four inches (4") of asphalt, or four inches (4") of compacted 304 or 57 size limestone materials.
(Ord. 4-21. Passed 1-4-21.)
1141.26 SIMILAR USES.
Every type of potential use cannot be addressed in this Ordinance, each district provides for "similar uses" referencing this section. All requests for a use not specifically addressed in any zoning district shall be submitted to the Zoning Administrator for review, based on the following standards.
(a) A finding has been made by the Zoning Administrator that the proposed use is not listed as a permitted or conditional use in any zoning district.
(b) If the use is not addressed in this Ordinance, the Zoning Administrator shall select the use listed which most closely approximates the proposed use, using criteria such as the nature of the use, conformance with the purpose of the zoning district in which it is proposed, aesthetics, traffic characteristics, and potential nuisance effects (noise, vibration, dust, smoke, odor, glare, hours of operation).
(c) Once a similar use is determined, the proposed use shall comply with any conditions and review procedures that may apply to that use, including the conditional use requirements of Chapter 1143, as applicable.
(d) If the Zoning Administrator determines a proposed use is not similar to any use addressed in the Ordinance, the applicant may petition for an amendment to the ordinance, as described in Chapter 1177.
(e) The determination as to whether a proposed use is similar in nature and class to another permitted or conditional use within a district shall be considered as an expansion of the use regulations, not a variance applying to a particular situation. Any use determined by the Zoning Administrator to be similar shall thereafter be included in the enumeration of the uses.
(Ord. 4-21. Passed 1-4-21.)
1141.27 PRINCIPAL USE.
A lot or parcel shall not be devoted to more than one (1) principal use, or contain more than one (1) principal building; except for groups of multiple family buildings, commercial establishments or industrial buildings which are determined by the Zoning Administrator to be a principal use collectively, based on the following considerations:
(a) Individual buildings share common parking areas;
(b) Access to the buildings/uses is provided via shared access drives or streets;
(c) Buildings are under single ownership; or
(d) Individual activities support one another (such as auto dealership/vehicle repair or a convenience store/restaurant/gas station).
(Ord. 4-21. Passed 1-4-21.)
1141.28 ACCESSORY BUILDINGS AND USES.
(a) Permitted Accessory Buildings and Uses. Accessory buildings and uses shall be permitted in all residential district, in accordance with the requirements of this section.
(b) Attached Garages. A private garage, carport, or similar structure, which is attached to the principal building, shall be considered structurally a part thereof and shall comply in all respects with the requirements applicable to the principal building.
(c) Yard Requirements.
(1) Accessory buildings and structures shall not be located in any front yard and shall not be placed closer than five (5) feet to any other building on the lot.
(2) Play equipment including swing sets and trampolines shall not be permitted within any front yard or street side yard.
(3) The overhang of an accessory building shall not exceed two (2) feet in any residential district.
(4) The following setback requirements shall apply to all accessory buildings as noted.
Setback Requirements for Accessory Buildings | ||
Districts | Minimum Foundation Setback (in feet) from: | |
Side and Rear Property Line | Rear lot line abutting neighboring side lot line | |
R-1A | 10 | 10 |
R-1B and R-1C | 5 | 5 |
R-2 and R-3 | 3 | 5 |
(d) Lot Coverage.
(1) The total area of accessory buildings in the rear yard of a lot may not cover more than thirty-five percent (35%) of that rear yard.
(2) A principal building and accessory building in combination shall not exceed the maximum lot coverage limits specified in Table 1123.03 of this Ordinance.
(e) Maximum Size.
(1) An accessory building may not exceed fourteen (14) feet in height, measured at the midpoint between the roof eave and ridge line.
(2) The aggregate area of all accessory buildings on a lot shall not exceed the following:
Total Maximum Permitted Accessory Building Area By District | |
District | Maximum Area (sq. ft.) |
R-1A | 864 |
R-1B | 780 |
R-1C | 672 16 |
R-2 and R-3 (single-family detached and two-family) | 576 16 |
R-2 and R-3 (single-family attached or multiple-family) | 550/dwelling unit |
16 If the lot exceeds an area of 9,000 sq. ft., the accessory building may be up to 780 sq. ft.
(Ord. 4-21. Passed 1-4-21.)
1141.29 SWIMMING POOLS.
Private swimming pools are permitted as accessory uses in residential districts provided that:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants of the property on which the pool is located and their guests.
(b) The pool shall not be located in any front or side yard or closer than ten (10) feet to any property line or principal building. Decks, patios and walkways around the pool shall be no closer than five (5) feet to any side or rear property line.
(c) The swimming pool area or the rear yard in which the swimming pool is located, shall be walled or fenced so as to prevent the uncontrolled access to the swimming pool from the street or adjacent properties.
(d) For all in ground pools, the fence or wall shall not be less than four (4) feet or greater than six (6) feet in height above grade level, and shall be equipped with a latched, lockable gate for emergency ingress and egress. All aboveground pools shall be fenced as above, or have a side wall, fence or rail not less than six (6) feet in height above grade level, and shall be equipped with a tilt up lockable or removable ladder.
(Ord. 4-21. Passed 1-4-21.)
1141.30 WATER AND SANITARY SEWER SERVICE.
No structure for human occupancy shall, after the effective date of this Ordinance, be erected, altered or moved upon any lot or premises and used, in whole or in part, for dwelling, business, industrial, institutional or recreational purposes unless provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment and disposal of human, domestic, commercial and industrial waste. Such installations and facilities shall conform to the minimum requirements for such facilities as established by the city, county, state and other relevant government codes, ordinances and standards.
(Ord. 4-21. Passed 1-4-21.)
1141.31 VOTING PLACE.
The provisions of this Ordinance shall not interfere with the temporary use of any property as a voting place in connection with a federal, state, county, municipal or other public election.
(Ord. 4-21. Passed 1-4-21.)
1141.32 REQUIREMENTS FOR SINGLE-FAMILY DWELLINGS OUTSIDE OF A MANUFACTURED HOME COMMUNITY.
All dwelling units located outside of manufactured home communities shall comply with the following requirements:
(a) All dwelling units shall provide a minimum height between the interior floor and ceiling of seven and one-half (7½) feet or if a permanently sited manufactured home, it shall meet the requirements of the United States Department of Housing and Urban Development Regulations, entitled Mobile Home Construction and Safety Standards, effective June 15, 1976, as amended.
(b) The minimum width of any single-family dwelling unit or permanently sited manufactured home shall have a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred (900) square feet.
(c) All dwellings without basements shall provide a crawl space below the entire floor of the dwelling four (4) feet in depth, with a vapor barrier consisting of two (2) inches of concrete on the floor of the crawl space. The crawl space shall also be provided with adequate drains to drain any accumulation of water in the crawl space. The building official may allow an alternative building plan to be utilized if consistent with the approved Ohio Building construction code of the City.
(d) All dwellings shall be firmly attached to the permanent foundation so as to be watertight as required by the Ohio Building construction code adopted by the City or, if a permanently sited manufactured home, shall be anchored to the permanent foundation by an anchor system designed and constructed in compliance with the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction & Safety Standards."
(e) The wheels, pulling mechanism, and tongue of any permanently sited manufactured home shall be removed prior to placement on a foundation.
(f) All dwellings shall be connected to a sanitary sewer system and water supply system approved by the city and/or County Health Department.
(g) All dwellings shall provide steps or porch areas, permanently attached to the foundation where there exists an elevation differential of more than one (1) foot between any door and the surrounding grade. All dwellings shall provide a minimum of two (2) points of ingress and egress and meet all Ohio Building codes.
(h) All additions to dwellings shall meet all the requirements of this Ordinance.
(i) All dwellings shall be aesthetically compatible in design and appearance with other residences in the vicinity, with either a roof overhang of not less than six (6) inches on all sides or alternatively with window sills or roof drainage systems, concentrating roof drainage at collection points along sides of the dwellings. The compatibility of design and appearance shall be determined in the first instance by the building official upon review of the plans submitted for a particular dwelling. An appeal by an aggrieved party may be taken to the Zoning Board of Appeals. Any determination of compatibility shall be based upon the standards set forth in this section as well as the character, design and appearance of residential dwellings located within 500 feet of the subject dwelling. The foregoing shall not be construed to prohibit innovative design concepts involving such matters as solar energy, view, unique land contour, or relief from the common or standard designed home.
(j) Prior to issuance of a building permit for any dwelling unit, construction plans, including a plot plan adequate to illustrate compliance with the requirements of this ordinance, shall be submitted to the building official. If the dwelling unit is a permanently sited manufactured home, there shall also be submitted adequate evidence to assure that the dwelling complies with the standards applicable to permanently sited manufactured homes set forth in this section.
(k) All manufactured homes shall meet the standards for manufactured home construction contained in the United States Department of Housing and Urban Development Regulations entitled "Mobile Home Construction & Safety Standards" effective June 15, 1976, as amended. Permanently sited manufactured homes shall meet all requirements of Section 3781.06(C)(6) of the Ohio Revised Code. All other dwellings shall meet the requirements of the Ohio Building construction code adopted by the City.
(l) A minimum of 100 square feet of enclosed storage space, excluding closets, shall be provided for each dwelling. Said enclosed storage space may consist of a basement, garage, shed or other structure approved by the Zoning Administrator.
(Ord. 106-25. Passed 7-21-25.)
1141.33 SHORT-TERM RENTAL.
(a) Short-term rental shall be operated at all times in accordance with State of Ohio requirements.
(b) Required Approvals. A short-term rental shall be in compliance with all applicable City of Lorain ordinances, including but not limited to, rental registration requirements and the transient lodging tax.
(1) Proof of Compliance. Copies of any approvals from the Building, Housing and Planning Department, Treasurer's Office, Income Tax Department, and all other appropriate agencies are required.
(c) There shall be at least one and one-quarter (1.25) off-street parking spaces provided for each guest room. Spaces in an attached or detached garage are included.
(d) Approval in Business and Industrial districts is only applicable in preexisting nonconforming uses for residential purposes.
(e) Obtain a BCI Background Check.
(1) At the time of application for a new permit or renewal, all of the following persons are required to provide the results of a fingerprint-based background check performed by a provider approved by the Ohio Bureau of Criminal Investigation:
A. The applicant
B. The short-term rental host (if different from the applicant)
C. The local agent, and
D. The property manager (if applicable)
(f) In addition to the provisions outlined in Lorain Codified Ordinance Section 1173.04 (Enforcement), when the Zoning Administrator finds that any provision of this Code is being violated, the permit may be revoked after noncompliance has been determined. Any person affected or aggrieved by any decision of the Zoning Administrator may file an appeal to the Zoning Board of Appeals, Section 1175.01.
(Ord. 36-25. Passed 4-7-25.)
1143.01 SCOPE.
It is recognized that certain land uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, and circulation that each specific use must be considered individually. These specific uses as they are conditionally permissible under the provisions of the district regulations shall follow the procedures and requirements of this chapter, as applicable.
(Ord. 4-21. Passed 1-4-21.)
1143.02 APPLICATION AND REVIEW.
(a) Unless otherwise specified, the Planning Commission shall be responsible for reviewing and deciding upon all requests for conditional uses.
(b) Requests for approval of a conditional use shall be submitted to the Zoning Administrator on a form for that purpose, along with an application fee and a final site plan as specified in Chapter 1145. The Zoning Administrator shall review the application and final site plan for completeness, as well as conformance with the requirements of the zoning district in which the property is located and the applicable standards for the use as specified in this chapter. If the application and plan are complete, the material will be forwarded to the Planning Commission for action; provided, if the subject property is located within the design review overlay district or on property containing a designated historic or landmark structure, the materials shall also be forwarded to the Design Review Board for review and comment.
(c) The Planning Commission or Design Review Board, as applicable, shall review the application, site plan and any supplementary materials, and shall conduct a public hearing which shall be held at the next available meeting following receipt of the application and acknowledgement by the Zoning Administrator that the application is complete.
(1) Before holding the public hearing, notice shall be given in one or more newspapers of general circulation in the City at least seven (7) days before the date of the hearing. The notice shall set the time and place of the hearing and the nature of the proposed conditional use.
(2) Before holding the public hearing, written notice shall also be mailed by first class mail at least ten (10) days before the hearing to all owners of property abutting and directly across the street from any part of the premises for which a conditional use is being requested.
(d) Following the public hearing, the Planning Commission or Design Review Board, as applicable, shall consider recommendations from City staff and comments from the public. Based on this input and the conformance of the request with the general standards of Section 1143.03 and any specific standards of this chapter related to the proposed conditional use, the application shall be approved, approved with conditions, tabled or denied.
(e) If an application for conditional use is found to meet all applicable standards of this Ordinance, it shall be approved.
(f) If denied, the applicant may appeal the decision to the appropriate court in accordance with Chapter 2505 and 2506 of the Ohio Revised Code.
(Ord. 4-21. Passed 1-4-21.)
1143.03 GENERAL REVIEW STANDARDS.
In addition to the specific requirements for conditionally permissible uses as specified in this chapter, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall determine that each use at the proposed location:
(a) Is, in fact, a conditionally permissible use within the zoning district in which the property is located.
(b) Will be consistent with the City's Comprehensive Plan and Zoning Ordinance.
(c) Will be designed, constructed, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the vicinity.
(d) Will not create additional requirements at public cost for public facilities and services that will be detrimental to the economic welfare of the community.
(e) Will not involve uses, activities, processes, material, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(f) Will have vehicular approaches to the property that are the minimum necessary to provide adequate and safe access to the property.
(g) Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of significant importance.
(Ord. 4-21. Passed 1-4-21.)
1143.04 SPECIFIC USE CONDITIONS - FOOD, DRINK, ENTERTAINMENT AND HOSPITALITY.
(a) Bars, Taverns and Night Clubs.
(1) The establishment shall meet all requirements of Ohio state law.
(2) Live entertainment or other forms of amplified music may be provided outdoors, only if the establishment is at least 1,000 feet from any residence.
The requirements of related to outdoor seating, as specified in this section, shall also apply.
(b) Bed and Breakfast.
(1) A bed and breakfast shall be operated at all times in accordance with State of Ohio requirements.
(2) A bed and breakfast shall not provide more than five (5) guest rooms, plus a common area for use by all guests.
(3) A bed and breakfast establishment shall be located only in a detached single-family dwelling, designed and constructed for single family use, which shall contain at least 1,500 square feet of living area. For each guest room in excess of two (2), an additional 100 square feet of floor area shall be required.
(4) The bed and breakfast shall be the principal residence of the owner, who shall reside there when the bed and breakfast is in operation. If the owner is not in residence in the dwelling unit for fourteen (14) consecutive days or more, the bed and breakfast shall be closed until the owner returns.
(5) Meals for guests shall be limited to breakfast and evening snack.
(6) There shall be at least one (1) parking space provided for each guest room, in addition to the parking spaces required to serve the principal residence.
(7) One sign, not exceeding six (6) square feet, shall be allowed for identification purposes. Sign lighting shall be down-lit and shielded from view off site. Internally lighted signs are not permitted.
(8) Cooking facilities in bed and breakfast guest rooms are prohibited.
(9) Exterior refuse storage facilities shall be screened from view on all sides by a six (6) foot solid decorative fence or wall, or by other screening approved by the Zoning Administrator.
(10) In addition to the site plan required by this Ordinance, a floor plan of the dwelling unit and the use of each room shall also be submitted with the conditional use application.
(11) No use other than as the owner's principal residence and as a bed and breakfast shall be permitted.
(c) Outdoor Seating for Restaurants, Bars and Similar Establishments.
(1) The outdoor seating area shall not obstruct pedestrian movement along adjacent sidewalks. A minimum sidewalk width of five (5) feet shall remain unobstructed between the limits of the outdoor seating area and the outer edge of the walkway.
(2) The outdoor seating area shall be surrounded by a decorative fence or similar enclosure with access only from within the building.
(3) Outdoor seating capacity shall be included in the computation of required parking.
(4) Limitations may be imposed upon hours of operation, live music, outdoor sound amplification, and/or lighting where the proposed use may create nuisance effects upon adjacent or nearby residential uses.
(d) Public Boat Ramp.
(1) A minimum site size of one (1) acre shall be provided.
(2) Evidence of state and/or federal approvals, as applicable, shall be provided.
(3) Paved parking shall be provided to accommodate vehicles and trailers.
(4) Restroom facilities shall be installed.
(e) Restaurants, Drive-in or Drive-Through.
(1) Sufficient vehicular stacking capacity for the drive-in or drive-through portion of the operation shall be provided to ensure that traffic does not extend into the public right-of-way. A minimum of eight (8) stacking spaces for each service ordering station shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, fire lanes, parking spaces and egress from the property by vehicles not using the drive-in or drive-through portion of the facility.
(2) Public access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest edge of pavement to the nearest edge of pavement.
(3) Internal circulation and access to/egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
(4) Menu boards with speakers for the transmission or broadcasting of voices or music shall be oriented and/or muffled to prevent sound from being audible beyond the boundaries of the site.
(f) Sexually Oriented Businesses.
(1) Purpose. The proximity of sexually oriented businesses to certain uses considered particularly susceptible to the negative impacts of the concentration of sexually oriented uses tends to erode the quality of life, adversely affect property values, disrupt business investment, encourage residents and businesses to move or avoid the community, increase crime, and contribute to a blighting effect on the surrounding area. There is convincing documented evidence, all of which is relevant to the problems and conditions that could prevail in this City, of the deleterious effect that sexually oriented businesses have on both existing businesses around them and the surrounding residential areas to which they may be adjacent. Therefore, the following purposes are served by these regulations:
A. This section describes the uses regulated and the specific standards necessary to ensure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood, to prevent undesirable concentration of these uses, and to require sufficient spacing from uses considered most susceptible to negative impacts.
B. These provisions are not intended, nor shall they have the effect of, imposing a limitation or restriction on the content of any communicative materials including, but not limited to, sexually oriented materials that are protected by the First Amendment to the United States Constitution.
C. Additionally, it is not the intent of the provisions of this section, nor shall it have the effect of, restricting or denying access by adults to sexually oriented materials that are protected by said federal and state constitutions.
D. Further, it is not the intent of these provisions, nor shall they have the effect of, denying access by the distributors and exhibitors of sexually oriented entertainment to their target market.
E. These regulations shall not be interpreted as intending to legitimize any activities that are prohibited by federal or state law, or by any other ordinance of the City of Lorain.
F. The provisions of this section shall apply to all uses defined in this ordinance as sexually oriented businesses.
(2) Conditional Use Approval.
A. The application for and review of the conditional use request for a sexually oriented business shall be processed, as specified in Section 1143.02; provided, that the Planning Commission shall only make a recommendation to approve, approve with conditions or deny the application. The recommendation shall be made to the City Council.
B. Upon receipt of the recommendation, the City Council shall make a decision to approve, approve with conditions or deny the application for conditional use approval. At the discretion of either body, a public hearing, duly noticed in accordance with the provisions of Section 1177.03, may be conducted.
(3) Location of Sexually Oriented Businesses.
A. A sexually oriented business shall not be located within 1,000 feet, measured in a straight line from the nearest property line of the sexually oriented business to the nearest property line of:
i. Any place of religious worship;
ii. Any school;
iii. The boundary of any residential zoning district;
iv. A public park or recreation area;
v. Any public library;
vi. A day care facility;
vii. An establishment selling alcoholic beverages;
viii. A youth activity center; or
ix. The property line of a lot devoted to residential use.
B. A sexually oriented business shall not be operated, established, substantially enlarged, or have ownership or control of such a business transferred within 500 feet of another sexually oriented business.
C. For the purpose of this article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use or location specified in subsection (f)(3)A. hereof.
D. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of conditional approval, of any use specified in subsection (f)(3)A. hereof. This provision does not apply if conditional use approval has expired or has been revoked.
(4) Management and Employees. Employees of such establishments must be at least eighteen (18) years of age. A manager must be on duty and responsible for activities at the establishment at all times.
(5) Nudity at Any Sexually Oriented Business.
A. The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 (1991) which upheld the rights of communities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (regardless of whether or not conditional approval has been granted to the business under this section) where no alcoholic beverages are sold, served, or consumed at the premises.
B. Public nudity is prohibited within the City, including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its conditional approval rescinded pursuant to the provisions of this section.
C. This section shall prohibit the employment or use of any person, in any capacity, in the sale or service of beverages and/or food while such person is unclothed or in such attire, costume or clothing, as to expose to view any portion of the female breast below the top of the areola or of any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva and genitals.
D. Live entertainment where any person appears in the manner described in subsection (f)(5)A. hereof may not perform and/or simulate acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act prohibited by law. Also prohibited shall be the caressing or fondling of the breast, buttocks, anus and/or genitals. Also prohibited will be the displaying of the male or female pubic hair, anus, vulva or genitals.
E. Nude dancers/entertainers may not dance among the audience. The entertainer must perform on a stage separate from the audience and built at least two (2) feet above the audience level. No adult entertainer shall be allowed to walk or mingle among the audience unless the performer is fully clothed.
F. No advertisements, handbills, marquees or any other form of advertisement may use sexual language or display nudity where the advertisement may be viewed by the public.
G. Proper care shall be exercised to assure that no nudity is in view of the public.
H. Adult entertainers/dancers may not solicit tips from the customers.
(6) Additional Regulations for Adult Motels.
A. Evidence that a sleeping room in a hotel, motel, boarding house or a similar commercial establishment has been rented and vacated two (2) or more times within less than ten (10) hours creates a reasonable presumption that the establishment is an adult motel as that term is defined in this ordinance.
B. A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, boarding house or similar commercial establishment that has not received conditional approval as a sexually oriented business, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, rents or subrents the same sleeping room again.
C. For purposes of this subsection, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
(7) Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. If a sexually oriented business, other than an adult motel, contains a viewing room of less than 150 square feet for showing a film, video cassette, DVD, digital display or other video reproduction depicting specified sexual activities or specified anatomical areas, the following requirements shall apply:
A. Upon application for conditional use approval, the application shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and identifying any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram must be oriented to the north or to some designated street or object and be drawn to a designated scale or with marked dimensions sufficient to show the interior dimensions of all areas of the premises to an accuracy of plus or minus six (6) inches.
B. The application shall be sworn to be true and correct by the applicant.
C. No alteration in the configuration or location of a manager's station may be made without approval.
D. It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
E. The interior of the premises shall be configured in such a manner that there is an unobstructed view from at least one (1) manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video display equipment. The required view must be by direct line of sight from the manager's station.
F. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the required view area remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and that no patron is permitted access to any area which has been designated in the application as an area in which patrons will not be permitted.
G. No viewing room may be occupied by more than one (1) person at any time. No holes, commonly known as "glory holes" shall be allowed in the walls or partitions which separate each viewing room from an adjoining room or restroom.
H. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1) footcandle as measured at the floor level. It shall be the duty of the owners and operator and of any agents and employees in the premises to ensure that the illumination is maintained at all times that any patron is in the premises.
(8) Prohibitions Regarding Minors. A person shall be guilty of a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for the business, and knowingly or with reasonable cause to know, permit, suffer, or allow:
A. Admittance of a person under eighteen (18) years of age to the premises, unless accompanied by a parent or guardian;
B. A person under eighteen (18) years of age to remain at the premises, unless accompanied by a parent or guardian.
C. A person under eighteen (18) years of age to purchase goods or services at the premises without the specific consent of a parent or guardian; or
D. A person who is under eighteen (18) years of age to work at the premises as an employee.
(9) Advertising and Lighting Regulations.
A. It shall be unlawful and a person shall be guilty of a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not conditional use approval has been issued, and advertises the presentation of specified sexual activities contrary to any applicable state statute or local ordinance.
B. It shall be unlawful and a person shall be guilty of a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not conditional use approval has been issued, and displays or otherwise exhibits the materials and/or performances available at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising the existence or location of the sexually oriented business.
C. The operator shall not allow any portion of the interior premises to be visible from outside the premises.
D. All off-street parking and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) footcandle of light on the parking surface and walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required site plan of the premises.
E. Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with all other applicable requirements of this Ordinance, as it may be amended from time to time, or any subsequently enacted City ordinances or regulations.
(10) Hours of Operation. It shall be unlawful and a person shall be guilty of a misdemeanor if:
A. He/she operates or causes to be operated a sexually oriented business, regardless of whether or not conditional approval has been granted, and allows the business to remain open, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. on any particular day and between 12:01 a.m. Sunday and 9:00 a.m. Monday.
B. An employee of a sexually oriented business, regardless of whether or not conditional approval has been granted for the business, engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. on any particular day and between 12:01 a.m. Sunday and 9:00 a.m. Monday.
(Ord. 4-21. Passed 1-4-21.)
(g) Short-Term Rental. (EDITOR’S NOTE: Former subsection (g) was repealed by Ordinance 36-25, passed April 7-2025. See Section 1141.33 for relevant provisions.)
1143.05 SPECIFIC USE CONDITIONS - PUBLIC/QUASI-PUBLIC USES.
(a) Places of Religious Worship. The purpose of these requirements is to integrate places of religious worship into the fabric of Lorain's neighborhoods, but not at the expense of the residential character of those areas. Therefore, the scale of the facility, parking lots and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood.
(1) When located in a residential district, in addition to the above stated general conditions, places of religious worship shall be subject to the following requirements:
A. Minimum lot area shall be two (2) acres.
B. Minimum lot width shall be 200 feet.
C. At least one (1) property line, meeting the minimum width requirement of the zoning district, shall abut and have direct access to an arterial or collector street.
D. To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Section 1149.02(o).
(2) Places of religious worship shall not be permitted within the area along Broadway Avenue from Erie Avenue on the north to 9th Street on the south, extending west to Reid Avenue and east to the Black River.
(b) Schools, K-12. The purpose of these requirements is to integrate schools into the fabric of Lorain's neighborhoods, but not at the expense of the residential character of those areas. Therefore, the scale of the school, parking lots and related uses shall be compatible with abutting homes and in character with the surrounding neighborhood. When located in a residential district, in addition to the above stated general conditions, schools K-12 shall be subject to the following restrictions:
(1) Minimum lot area shall be two (2) acres.
(2) Minimum lot width shall be 200 feet.
(3) Maximum building height may be up to fifty-five (55) feet.
(4) At least one (1) property line, meeting the minimum width requirement of the zoning district, shall abut and have direct access to an arterial or collector street.
(5) To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Section 1149.02(c).
(6) All buildings, parking areas and outdoor activity areas (ball fields, tennis courts, playgrounds, bleachers, etc.) shall be set back a minimum of fifty (50) feet from any side or rear property line.
(7) Lighting for night-time activity areas shall be directed and shielded so the light source is not visible from any surrounding residential use. All lighting, including building and security lighting shall be located to prevent glare on adjacent properties and streets.
(c) Wind Energy Conversion Systems.
(1) General requirements.
A. The minimum lot area for installation of a commercial wind energy conversion system (WECS) shall be 12,000 square feet.
B. The power rating of a single accessory WECS turbine shall not be greater than twenty-five (25) kW.
C. A single accessory WECS shall provide energy only to the structures and uses on the same property upon which the tower is located and must be owned or leased by the owner of the same property. However, this does not prevent power generated beyond the needs of the structures or uses on the property to be distributed to a utility company through net metering. Except for the utility company, power generated by the WECS may not be provided to any other property or entity.
D. Sound attributed to a single accessory WECS in excess of fifty-five (55) dB(A) shall not be discernible at the property line.
E. A sign, not exceeding three (3) square feet in area naming the manufacturer may be affixed to the base of the tower or to the nacelle; no other signs are permitted on the WECS.
F. Lights on or directed toward a WECS are not permitted.
G. A single accessory WECS shall be painted in a neutral matte color, such as gray or light blue, to blend with the sky. A building mounted WECS may be painted in colors complementary to those of the building.
H. A single accessory WECS shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. Emergency shut-off information shall be posted on the tower in a location that can be easily seen.
I. A single accessory WECS shall employ an anti-climbing device or be designed to prevent climbing and other unauthorized access.
J. The installation of a single accessory WECS shall not interfere with signal transmission or reception of an existing fixed broadcast, re-transmission or reception antenna for radio, television or wireless phone or personal communication systems.
K. The applicant shall provide written evidence that the WECS complies with all applicable federal, state and county requirements, in addition to city ordinances.
L. All single accessory WECS installations shall comply with applicable ANSI (American National Standards Institute), National Electric Code and National Building Code standards, as adopted by the State of Ohio, Lorain County and the City of Lorain.
M. A WECS shall be removed when the device or equipment is no longer operating or when it has been abandoned. A WECS shall be deemed abandoned when it has not produced electrical energy for twelve (12) consecutive months.
N. An existing and approved single accessory WECS may be repaired and maintained; however, a WECS may only be replaced with a new WECS upon approval of the Planning Commission; provided, the new WECS is of the same height, rotor diameter, setback, etc. as the WECS it replaces. A new or replacement WECS shall mean all of the WECS, excluding the tower or support structure.
(2) Ground-mounted single accessory WECS.
A. A ground mounted single accessory WECS shall not be located within any front yard and shall be located at a distance at least equal to its height from all property lines. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line. No part of a single accessory WECS (including guy wire anchors) shall be located within or above a required setback.
B. WECS height shall be limited based on the setback requirements in subsection (c)(2)A.; provided, on a property less than one (1) acre in area, the height shall not exceed fifty (50) feet; and on property one (1) acre or greater the height shall not exceed seventy-five (75) feet.
C. The minimum rotor blade tip clearance from grade and from any structure shall be twenty (20) feet.
D. The diameter of the rotor depends on maximum single accessory WECS height and rotor blade tip clearance, but in no case shall it exceed fifty (50) feet.
E. The tower used to support a WECS shall be adequately anchored and meet applicable standards, as certified by a structural engineer registered in the State of Ohio.
(3) Building Mounted Single Accessory WECS.
A. The diameter of the rotor shall not exceed twenty (20) feet.
B. WECS height shall not exceed the maximum permitted height for principal buildings in the district, plus fifteen (15) feet.
C. A single accessory WECS shall be separated from adjoining property lines a distance equal to the height of the building (ground to peak) measured at the point where the WECS is mounted plus the height of the WECS. The setback shall be measured from the property line (considered as a plane extending from the ground to the highest point of the WECS) to the closest extension of the rotor relative to the property line.
D. A building mounted single accessory WECS shall not be mounted to the vertical face of a gable end or dormer that is visible from the street. To the greatest degree possible, the WECS shall be mounted to the building in the least visible location.
E. The mount and the structure used to support a building mounted WECS shall meet applicable standards, as certified by a structural engineer registered in the State of Ohio.
(4) Discretionary Conditions. The Planning Commission may impose other terms and conditions regulating the construction, installation, use, maintenance, repair and removal of a WECS, including, but not limited to, the following:
A. The preservation of existing trees and other vegetation not required to be removed for installation of a WECS.
B. The reasonable replacement of trees or other vegetation removed or destroyed during the construction or installation of a WECS.
C. Altering the location of the WECS to prevent impacts on neighboring properties; provided, all other requirements of this section are met.
(5) Performance Guarantee. A performance guarantee may be required, in accordance with the provisions of Section 1173.06 and conditioned upon the timely and faithful performance of all required conditions, including but not limited to the timely and complete removal of a WECS, regulated under the terms of the section. The performance guarantee shall remain in effect during and after the operation of a WECS until its operations have ceased and it has been removed.
(d) Wireless Communication Facilities and Towers.
(1) Required Approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:
A. Installation of New Towers. The construction and installation of any new tower shall only be in accordance with the review and approval procedures of this chapter.
B. Installation of New Antenna. The installation of new antenna(s) on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Zoning Administrator, subject to all requirements of this section. Any new antenna that will add either ten percent (10%) or twenty (20) feet, whichever is less, above the highest point of any existing tower or alternative structure shall be subject to the provisions of this section for the installation of new towers, as described below.
C. Installation of New Accessory Structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of additional antennas on existing towers or alternative structures may be approved by the zoning administrator.
(2) Removal. Any tower unused or left abandoned for twelve (12) consecutive months shall be removed by the property owner at his/her expense. Regardless of the tower ownership, the property owner shall be responsible for removal. Upon the request of the Planning Commission, the operator of any facility to which this provision applies shall provide documentation of the use of that facility for the purpose of verifying any abandonment.
(3) Interference with Public Safety Facilities. No new wireless communications facilities or tower shall result in any interference with public safety telecommunications.
(4) Required Documentation for all Facilities. In addition to the requirements provided in this section for conditional approval, applications for new towers, new antenna, and new related facilities, including equipment mounted on an existing building, shall include the following:
A. Engineer's Report. A report from a professional engineer licensed in the State of Ohio that:
i. Describes the height and design of any new tower and/or antenna including a cross-section, latitude, longitude, and elevation;
ii. Describes or updates (in the case of new antenna) the tower's capacity, including the type and number of antennae it can accommodate;
iii. Certifies compliance of the construction specifications with all applicable building codes (including but not limited to the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces: ice, wind, earth movements, etc.);
iv. Certifies that the facility will not interfere with established public safety telecommunication facilities; and
v. Includes the engineer's seal and registration number.
B. Letter of Intent. A letter of intent committing the tower owner, property owner, antenna owners, and their successors to allow the shared use of the tower.
C. Proof of Compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all other appropriate state and federal agencies.
D. Removal Affidavit. A letter committing all parties, including the property owner and his/her successors, to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for a period of twelve (12) consecutive months). The removal affidavit shall be recorded in Lorain County, with a copy of the recorded affidavit provided to the City of Lorain zoning administrator.
(5) Determination of New Tower Need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the State of Ohio that the antenna(s) planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two (2) mile radius of the proposed tower location due to one or more of the following reasons:
A. Existing Public Site. There are no existing publicly owned towers or sites suitable to accommodate the proposed tower or antennas.
B. Inadequate Structural Capacity. The antenna(s) would exceed the structural capacity of an existing or approved tower or other structure.
C. Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site.
D. Inadequate Height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at the height necessary.
E. Land Availability. Additional land area is not available (when necessary).
(6) Design Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following design requirements:
A. Lighting. Tower lighting shall only be as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have ninety (90) degree cut-off luminaries (shielded down lighting).
B. Co-Location. All telecommunication towers shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one (1) additional user for every fifty (50) feet in total tower height in excess of seventy-five (75) feet.
i. Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
ii. Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
C. Height. All towers and antenna shall conform to FAA tall structure requirements. The maximum height of accessory structures shall be fifteen (15) feet.
D. Signs. Signs for all telecommunications facilities shall be permitted up to a total of four (4) square feet per user and mounted on the fence.
(7) Site Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following site requirements:
A. Vehicular Access. Vehicle access drives may be gravel or paved and shall be located within an access easement that is a minimum of twenty (20) feet in width. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction, and pavement requirements for the City of Lorain.
B. Site Area. The lot (or lease area) where the tower is located shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of one additional tower and associated support facilities.
i. The arrangement of the initial tower and the topography of the site shall be considered in determining the sufficiency of the site area.
ii. At a minimum, the width and depth of the tower site shall be a distance equal to the tower height. The tower shall be placed within the property, so it is no closer to any lot line than one-half (½) the tower height.
iii. All tower supporting and stabilizing wires shall be located within the site area.
C. Setback. The required setbacks for the tower and related facilities shall be as follows:
i. Side and rear setback. The minimum side and rear setback for all facilities, including the security fence, shall be twenty-five (25) feet.
ii. Front setback. The minimum front setback for all facilities shall be as specified by this Ordinance for the zoning district in which it is located. No part of a wireless telecommunications facility, including the security fence, and any required guide wires or bracing shall be permitted in the required front setback.
iii. Additional setback from residential districts. No facility shall be placed closer than one and one-half (1½) times the total height of the tower or 200 feet, whichever is greater, to any property located within a residential district.
iv. Additional landscaping. Landscape screening, in addition to the requirements of this section, may be provided in the setback area.
D. Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of a public right-of-way, sidewalk, or property line.
E. Fencing. An eight (8) foot high security fence shall completely surround the tower and accessory equipment building site. Any deterrents, such as barbed wire, shall be at least seven (7) feet above grade.
i. Required landscape screening, as described in subsection (d)(8), shall be located outside of the required fence.
ii. If located within a residential district, the required security fence enclosing the facility shall be one hundred percent (100%) opaque. Chain link fence may be used; provided, it is covered by a green or black wind screen. Opaque, eight (8) foot tall gates shall be provided for access.
F. Design review districts. No new telecommunications tower shall be located within any design review district; provided, one (1) or more telecommunications antennae may be located on existing towers or public facilities.
(8) Landscape Screening. Evergreen buffer plantings shall be located and maintained around the outermost perimeter of the security fence of all wireless communications facilities. The landscape plan for the site shall specify plants in a number and design to provide a screen of the fence, all equipment and the base of the tower, as determined by the planning commission.
A. If evergreen shrubs are used, they shall be planted a maximum of five (5) feet apart on center.
B. If evergreen trees are used, they shall be planted a maximum of ten (10) feet apart on center.
(Ord. 4-21. Passed 1-4-21.)
1143.06 SPECIFIC USE CONDITIONS - RESIDENTIAL.
(a) Accessory Dwelling Units.
(1) An accessory dwelling unit may only be located within or attached to a single-family detached dwelling.
(2) Occupancy of the accessory dwelling unit shall be limited to grandparents, parents, children, step-children, or grandchildren of the family occupying the principal dwelling.
(3) The accessory dwelling unit shall share the same sewage disposal and water supply systems as the principal dwelling unit.
(4) A minimum of one (1) off-street parking spaces shall be provided for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.
(5) The accessory dwelling unit shall be limited in size to a maximum of twenty-five percent (25%) of the total living area of the principal dwelling.
(6) The accessory dwelling may contain no more than a living area, one (1) bedroom, one (1) bath and a kitchenette (including a small refrigerator, microwave oven, stove and sink).
(7) The property owner shall live in the principal or accessory dwelling as the principal place of residence.
(8) No new access points or driveways shall be created or installed for access to the accessory dwelling unit.
(b) Adult Day Service Facility.
(1) Proof of licensing from the State of Ohio for the facility shall be provided.
(c) Boarding House.
(1) The boarding house uses shall be so designed, maintained and operated as to comply with inspection and rules of applicable city or county health agencies and the regulations of all other applicable City codes, and to minimize possible disruptive effects on the character of adjacent and nearby properties.
(2) The boarding house shall be the principal residence of the owner, who shall reside there when the boarding house is in operation. If the owner is not in residence in the dwelling unit for fourteen (14) consecutive days or more, a resident manager shall reside on the premises. In no case, however, shall the owner be absent for a period exceeding sixty (60) days.
(3) The boarding house shall contain a minimum of 2,000 square feet of livable area.
(4) A maximum of five boarders shall be permitted, regardless of the size of the dwelling.
(5) Parking shall be provided in accordance with Chapter 1149 at a ratio of one (1) space per boarder, plus two (2) for the principal dwelling. The design and construction of parking areas, service areas and access drives shall be as approved by the planning commission.
(6) The property must have approved public sanitary sewer and water facilities and meet applicable fire and safety standards.
(7) Meals may be served in a common dining area to boarders but shall not be made available on a commercial basis to the general public.
(8) Cooking facilities in guest rooms are prohibited.
(9) Exterior refuse storage facilities shall be screened from view on all sides by a six (6) foot solid decorative fence or wall, or by other screening approved by the Planning Commission.
(10) In addition to the site plan required by this Ordinance, a floor plan of the dwelling unit and the use of each room shall also be submitted with the conditional use application.
(d) Home-Based Child Care (six or more).
(1) Proof of licensing from the State of Ohio for the facility shall be provided.
(2) The use shall only be located within an occupied dwelling.
(3) Hours of operation shall be between 6 a.m. and 9 p.m., unless otherwise approved by the Planning Commission based upon a finding under particular circumstances of no negative impact on neighboring properties or the surrounding area.
(4) Outdoor play areas shall be completely enclosed by a chain link or solid fence or wall at least four (4) feet high.
(e) Home Occupation.
(1) The home occupation shall be carried on entirely within the principal dwelling unit and not occupy more twenty-five percent (25%) of the total floor area of the dwelling. No business shall be conducted in an accessory building
(2) There shall be no change to the exterior of the dwelling or premises with the exception of one (1) non-illuminated exterior sign, not more than two (2) square feet in area, attached to the wall of the dwelling.
(3) No persons other than members of the family residing in the dwelling unit shall be engaged in the home occupation.
(4) Equipment used in the conduct of the home occupation shall be limited to that customarily found in a home. No mechanical equipment or activity shall create dust, noise, odor, or electrical disturbance beyond the confines of the lot on which the occupation is conducted.
(5) There shall be no sale of goods on the premises and no outdoor display of articles, merchandise or products shall be permitted.
(6) Traffic shall not be generated in greater volume than would normally be expected in a residential neighborhood.
(f) Residential Social Services.
(1) A license or evidence of obtainability of a license, other than city licensing, from all applicable governmental units or agencies shall be submitted with the conditional use application. When a license is not required of the applicant by a governmental unit or agency, a written affidavit shall be presented by the agency to which the applicant is accountable stating that no license is required. The affidavit shall further describe the procedures that have been established in lieu of licensing to assure proper exercise of agency-established guidelines.
(2) The sponsoring agency's operational and occupancy standards shall be provided with the conditional use application.
(3) Documentation shall be provided which indicates the responsibilities of both the sponsoring agency and the facility operator in terms of services, programs and care.
(4) All residential social service facilities shall meet the following requirements:
A. Proof of state licensing shall be provided.
B. A resident manager shall occupy the facility full-time.
C. The facility shall contain at least one (1) bedroom for each two (2) tenants, in addition to the bedroom for a resident manager; provided, no more than twelve (12) persons, plus the resident manager, shall occupy the home.
D. Individual cooking facilities shall not be permitted within resident rooms.
E. Paved off-street parking shall be provided, in accordance with the requirements of Chapter 1149, at a ratio of at least .25 parking spaces for each allowed tenant, plus one (1) space for the resident manager. Parking in excess of two (2) spaces shall be located within the rear yard.
F. The residential social services home shall be located no closer than 1,200 feet to any other sober living facility or any residential social services facility, boarding house, K-12 school, public park, or day care facility.
(g) Sober Living Facility.
(1) A resident manager shall occupy the facility full-time.
(2) The facility shall contain at least one (1) bedroom for each two (2) tenants, in addition to the bedroom for a resident manager; provided, no more than six (6) tenants shall be permitted to reside at the facility.
(3) Individual cooking facilities shall not be permitted in tenant rooms.
(4) Paved off-street parking shall be provided, in accordance with the requirements of Chapter 1149, at a ratio of at least .25 parking spaces for each allowed tenant, plus one (1) space for the resident manager. Parking in excess of two (2) spaces shall be located within the rear yard.
(5) All new structures shall be compatible in design with the surrounding neighborhood.
(6) The sober living facility shall be located no closer than 1,200 feet to any other sober living facility or any residential social services facility, boarding house, K-12 school, public park, or day care facility.
(Ord. 4-21. Passed 1-4-21.)
1143.07 SPECIFIC USE CONDITIONS - RETAIL AND SERVICE-ORIENTED USES.
(a) Check Cashing Establishments, Pay-Day Lenders, Pawnshops and Similar.
(1) The use shall be:
A. Located at least 1,000 feet, measured lot line to lot line, from the nearest check cashing establishment, pay-day lender, deferred presentment lender, pawnshop or title loan company, and
B. Located within a commercial shopping center with a combined floor area of all businesses being 30,000 square feet or more; or
(2) The use shall be wholly contained within a single grocery store or general merchandise retail building having at least 30,000 square feet of floor area, with no separate public access to its portion of the premises, and is at least 1,000 feet, measured lot line to lot line, from the nearest check cashing establishment, pay-day lender, deferred presentment lender, pawnshop or title loan company.
(b) Consumer Fireworks Sales, Temporary.
(1) Temporary structures for the sale of fireworks must be located within 1,000 feet of a fire hydrant or a fire department connection of a building, unless the chief administrative officer of a fire department gives permission in writing stating otherwise.
(2) The duration of a temporary consumer fireworks retail sales facility shall initiate upon conditional use approval and terminate within 90 days after initiation.
(c) Crematorium.
(1) No crematorium shall be located closer than 200 feet to any lot line and no closer than 500 feet to any residential district boundary.
(d) Drive-through Facilities for Automated Teller Machines, Banks and Pharmacies.
(1) Where a drive-through facility is added to an existing building and the addition is within the limits specified in Table 1145.02 for administrative site plan review, the Zoning Administrator shall be responsible for review and approval of the conditional use.
(2) Stacking space for at least four (4) vehicles shall be provided at each window or machine.
(3) Stacking spaces shall be located so as not to interfere with vehicular circulation, parking spaces and egress from the property by vehicles not using the drive-through portion of the facility.
(4) Public access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway.
(5) Internal circulation and access to/egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
(e) Greenhouse/Nursery with Retail Sales.
(1) A minimum lot size of one (1) acre shall be required.
(2) All outdoor display and storage areas shall meet the conditional requirements of Section 1143.07(h); provided, materials shall only be stored or stockpiled in the side or rear yard.
(f) Kennels and Pet Day Care.
(1) Kennels and pet day care facilities that include outdoor runs/exercise areas shall not be located adjacent to a residential or mixed-use district boundary.
(2) Minimum lot size shall be two (2) acres.
(3) No outdoor dog runs or animal exercise areas shall be located in a front yard.
(4) Outdoor runs/exercise areas shall be set back a minimum of seventy-five (75) feet from all property lines or the required setback for the zoning district, whichever is greater; provided, no less than a 100 foot setback shall be maintained from any residential dwelling.
(g) Mortuary or Funeral Home.
(1) A minimum lot size of two (2) acres shall be required.
(2) An off-street vehicle assembly/staging area shall be provided for funeral processions and activities in addition to the required off-street parking and maneuvering area.
(3) No waiting lines of vehicles shall extend off site or onto adjacent public streets.
(4) Spacing of access driveways shall meet the access management requirements of Section 1149.06, but in no case shall be closer than 125 feet to any street intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway.
(h) Outdoor Display and Storage for Retail and Service Establishments.
(1) The outdoor storage and display area shall be arranged to provide safe pedestrian and vehicular circulation and safe emergency access. Maneuvering aisles shall be kept free of all obstruction.
(2) A drive shall be provided, graded, paved, and maintained from the street to the rear of the property, to permit free access of emergency service vehicles and firefighting equipment at any time.
(3) The sale or outdoor display of merchandise shall not be permitted within the required setback areas.
(4) Outdoor storage and display areas located on parking lots shall not reduce the available parking spaces to fewer than those required by Section 1149.03 for the principal use.
(5) No outdoor display area or parking serving an outdoor display area shall be located within fifty (50) feet of any residential district boundary line.
(6) The storage of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials, unless packaged in approved containers, is prohibited.
(7) All outdoor display and sales areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.
(8) All loading and truck maneuvering shall be accommodated on-site. Maneuvering in the public right-of-way is prohibited.
(9) Lighting for security purposes may be required, as determined by the planning commission. All lighting shall be shielded from adjacent residential districts and uses.
(10) Permanent outdoor storage areas shall be attached to and be considered part of the principal building relative to all setback requirements. The storage area shall be fenced with a fence or wall at least six (6), but no more than eight (8), feet in height.
(11) The Planning Commission may require a sight-obscuring screen that meets maximum fence height requirements for the zoning district around any storage or display area. Stored materials and stockpiles shall not be piled or stacked higher than the height of the obscuring screen.
(i) Self-Service Mini-Storage Facilities.
(1) The minimum size of the site shall be not less than two (2) acres.
(2) All ingress and egress from the site shall be directly onto an arterial or collector street.
(3) Storage of combustible or flammable liquids, combustible fibers, or explosive materials, as defined in the Fire Prevention Code, or toxic materials, shall not be permitted within the self-storage buildings or upon the premises. However, storage of recreational vehicles containing fuel and other automotive fluids is permitted.
(4) The use of the premises shall be limited to storage of personal and business items, except as otherwise provided, and shall not be used for operating any other business, maintaining or repairing vehicles, or for any recreational activity or hobby.
(5) Limited retail sales of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, locks, and chains shall be permitted within a central office.
(6) The entire site shall be fenced, in accordance with the requirements of Section 1141.08. Fences within front yards and any side yards adjacent to residential zoning districts shall be wrought iron or a similar decorative type. Chain-link, or similar style fences, are prohibited in these areas.
(7) Exterior lighting shall be shielded to restrict the light from impacting neighboring property owners.
(8) A security manager may be permitted to reside on the premises. A minimum of two (2) parking spaces shall be provided for the dwelling unit and the requirements of Chapter 1149 shall be met.
(9) A business office for the storage facility may be located on the property.
(10) Minimum separation between self-storage buildings shall be twenty-six (26) feet.
(11) Each individual storage unit shall have privately controlled access points.
(12) Internal drive aisles shall be at least twenty-six (26) feet wide and must be clearly marked to distinguish traffic flow.
(13) No individual storage unit shall have a floor area greater than 500 sq. ft.
(14) Building design and materials shall be compatible with the existing and intended character of the area. If located adjacent to residential zoning districts, the front office building, or office portion of the building, shall reflect a residential character in architectural design.
(15) To the maximum extent practical, storage unit doors shall not face public rights-of-way.
(16) No outside storage shall be permitted on the property.
(j) Truck Livery.
(1) Minimum site size shall be one (1) acre.
(2) All portions of the site to be used for the storage or parking of semi-tractors or trailers shall be paved.
(3) Security lighting shall be provided in accordance with the requirements of this Ordinance.
(4) A six (6) foot high security fence shall be installed around the perimeter of the area in which vehicles are parked or stored.
(5) No truck or trailer shall be parked or stored within 200 feet of a residential zoning district.
(k) Truck Stops.
(1) At a minimum, all requirements for vehicle service stations (Section 1143.07(l)) shall be met, unless a stricter standard is specified here.
(2) There shall be a minimum lot area of two (2) acres and a minimum width of 200 feet on an arterial street. All access shall be from that arterial street.
(3) No driveway shall be closer than seventy-five (75) feet to a side or rear property line and no closer than 250 feet to any other driveway on adjoining property, measured nearest pavement edge to nearest pavement edge. In all other cases the minimum access management requirements of Section 1149.06 shall be met.
(4) Buildings shall be set back a minimum of 100 feet from the front property line and canopies shall be at least fifty (50) feet from any front or side property line; provided, if any side or rear property line abuts a residential or mixed-use district, all buildings and structures, including pump islands, shall be set back at least 100 feet from that property line.
(l) Vehicle Repair, Major.
(1) All main and accessory structures shall be set back a minimum of seventy-five (75) feet from any residential or mixed-use district.
(2) There shall be a minimum lot frontage of 100 feet on an arterial or collector street; and all access to the property shall be from that street.
(3) Access to the site shall comply with the driveway spacing standards of Section 1149.06.
(4) A raised curb of six (6) inches in height shall be constructed along the perimeter of all paved and landscaped areas.
(5) Overhead doors shall not face a public street or residential or mixed-use district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be diminished through use of building materials, architectural features and landscaping.
(6) Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two (2) vehicles.
(7) All maintenance and repair work shall be conducted completely within an enclosed building.
(8) There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment.
(9) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted in a designated area for up to thirty (30) days. Such area shall be appropriately screened from public view in accordance with the screening requirements of Section 1147.04(c).
(10) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
(11) If the use includes vehicle painting, all applicable state and federal requirements shall be met.
(m) Vehicle Repair, Minor.
(1) A building or structure shall be located at least seventy-five (75) feet from any side or rear lot line abutting a residential or mixed-use district.
(2) Access to the site shall comply with the driveway spacing standards of Section 1149.06.
(3) Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
(4) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted only in a designated area. Such area shall be appropriately screened from public view in accordance with the requirements of Section 1147.04(c).
(5) All activities shall occur inside a building. No vehicle may be stored on the property for more than thirty (30) days.
(6) Storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gas above ground shall not be permitted, except in those small amounts needed to operate the business or as otherwise authorized by the city fire marshal.
(7) There shall be a minimum lot frontage of seventy-five (75) feet on an arterial or collector street; and all access to the property shall be from that street.
(8) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the fire department and city engineer.
(9) If the use includes fuel sales, the requirements for a vehicle service station shall also be met.
(n) Vehicle Salvage Business.
(1) Outdoor storage of wrecked, partially dismantled, or derelict vehicles, or their parts, shall be permitted in a designated area. Such storage area shall be fully screened on all sides by a solid, sight-obscuring, fence or wall, in accordance with the screening requirements of Section 1147.04(c); provided, the height of the screen may be up to eight (8) feet.
(2) Vehicles shall not be stacked higher than the fence or wall enclosure surrounding the site.
(3) The outdoor storage area shall not be located in any front yard and the screening fence, wall or other approved enclosure surrounding the storage area shall be setback a minimum of twenty (20) feet from the side or rear lot lines.
(4) Vehicles shall not be stored or parked within any building, except while being worked on.
(5) All cutting, welding, disassembly, draining of fluids and other work on vehicles shall be conducted completely within an enclosed building; provided, no more than one (1) vehicle per 550 square feet of interior vehicle work space shall be permitted within the building.
(6) The applicant shall submit a Pollution Incidence Protection Plan (PIPP) describing measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
(o) Vehicle Service Station.
(1) There shall be a minimum lot area of one (1) acre and minimum lot width of 150 feet on an arterial street.
(2) Access to the site shall comply with the driveway spacing standards of Section 1149.06 but, in no case, be located closer than 125 feet to any intersection or other driveway on the same side of the street, as measured from the nearest right-of-way line to the nearest edge of the driveway. Driveways or curb openings shall be located at least 100 feet from any adjacent residential or mixed-use district boundary line.
(3) On a corner lot, only one (1) driveway shall be permitted from any street, unless the planning commission determines additional driveways will be necessary to ensure safe and efficient access to the site.
(4) A ten (10) foot "landscaping" strip shall be maintained between the street line and the edge of the service station pavement along all adjoining streets.
(5) No portion of a service station or its equipment may be located within fifty (50) feet of a residential district.
(6) Pump islands shall be a minimum of twenty-five (25) feet from any public right-of-way or lot line. No vehicles shall be parked in front of the pump island setback line, except vehicles actually being serviced at the pump island. Tanks, propane, and petroleum products shall be set back at least thirty-five (35) feet from any lot line.
(7) Enclosed, permanently installed cabinets or racks for the display and storage of motor oil, wiper blades, or wiper fluids may be placed back of the pump island. Tires may be stored outside the building, but only in one (1) or more enclosed, permanently installed cabinets or racks, each with dimensions not exceeding twelve (12) feet in length and five (5) feet in width, located back of the building setback line.
(8) The edge of overhead canopies shall be set back at least fifteen (15) feet from the right-of-way and shall be constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the site plan. The canopy shall not exceed eighteen (18) feet in height. Lighting in the canopy shall be recessed, fully shielded, and directed downward to prevent off-site glare.
(9) If rental trailers or trucks are stored on the premises, a minimum lot area of one (1) acre shall be devoted exclusively to service station use, and an additional area for the storage of the rental trailers or trucks shall be provided behind the front line of the main building.
(10) If the use includes installation of oil or other automotive fluids except for fuel, the applicant shall submit a Pollution Incidence Protection Plan (PIPP). The PIPP shall describe measures to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials. Such measures may include special check valves, drain back catch basins, automatic shut off valves or others, as approved by the Fire Department and City Engineer.
(11) In the event that a gasoline station use has been abandoned or terminated for a period of more than twelve (12) months, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.
(12) A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurant; provided all relevant requirements are met and the most restrictive requirements applicable to any single use shall apply. Parking requirements may be modified, as provided in Section 1149.02(d) Signs shall comply with the standards for business centers in Section 1151.06.
(p) Vehicle Wash.
(1) All washing activities must occur inside a building.
(2) Required stacking spaces for waiting vehicles shall not be located within a public or private right-of-way and shall not conflict with maneuvering areas, parking spaces and other activities. Stacking lanes shall be designed to prevent vehicle queues from extending beyond the property.
(3) Wastewater must be recycled, filtered or otherwise cleansed to minimize discharge of soap, wax and solid matter into public sewers.
(4) On corner lots, only one (1) driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to and egress from the site. Access to the site shall comply with the driveway spacing standards of Section 1149.06. Driveways or curb openings shall be located at least 100 feet from any adjacent residential or mixed-use district boundary line.
(5) For automated drive-through wash facilities, a by-pass lane is required that allows by-passing waiting vehicles.
(6) A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from a street right-of-way line and any residential or mixed-use district boundary; provided, the required separation from a residential or mixed-use district may be modified by the Planning Commission where it is determined that proposed buffering, topographic conditions, orientation of the wash building, or other similar factors will lessen the negative noise, water runoff, traffic, and aesthetic impacts of the wash facility upon the neighboring uses.
(7) The property owner or operator must comply with all local noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles and be in proper working condition. (Ord. 4-21. Passed 1-4-21.)
1143.08 SPECIFIC USE CONDITIONS - INDUSTRIAL.
(a) Outdoor Storage Related to Principal Industrial Uses.
(1) Outdoor storage shall not be permitted within any required front yard.
(2) Outdoor storage shall only be permitted as an accessory use to principal uses in the industrial districts.
(3) The outdoor storage area shall be fenced on all sides in accordance with the requirements of Section 1141.08.
(4) Any side that is visible to adjoining properties in a residential district, mixed-use district, neighboring parking lots or abutting streets shall be screened in accordance with the requirements of Section 1147.04(c).
(5) The Planning Commission may permit the required screening to be comprised of plant material, upon a determination that the alternate materials will provide the same degree or better of opacity, screening and compatibility with adjoining properties as a fence or wall.
(b) Construction Debris, Junk, Solid Waste Disposal and Salvage Yards.
(1) A minimum site size of ten (10) acres shall be required.
(2) All access to and from the site shall be from an arterial street or an interior street serving an industrial park or planned industrial development that intersects with an arterial street.
(3) All material, debris, junk and waste shall be stored within enclosed buildings or within an area fully screened on all sides by a solid, sight-obscuring, fence or wall, in accordance with the screening requirements of Section 1147.04(c); provided such fence or wall shall be at least eight (8), but no more than twelve (12), feet in height.
(4) The screening fence shall be of such design as to completely obstruct vision. No chain link fence, with or without covering, shall be permitted.
(5) The screening fence or wall shall be set back from all property lines in accordance with the minimum yard requirements of the zoning district.
(6) No materials shall be stacked higher than the screen fence or wall.
(7) All materials shall be stockpiled in neat and orderly rows with adequate aisle space provided between rows to accommodate emergency vehicles and equipment.
(8) No storage area shall be located within 500 feet of a residential or mixed-use district.
(c) Hazardous Waste or Medical Waste Processing, Storage, Transfer, Disposal or Incineration.
(1) Conditional use requests for hazardous waste facilities shall be first considered by the Planning Commission which shall make a recommendation to the City Council for final action. At the discretion of either body, a public hearing, duly noticed in accordance with the provisions of Section 1177.03, may be conducted.
(2) The use shall be located on a site of not less than twenty (20) acres.
(3) All access to and from the site shall be from an arterial street or an interior street serving an industrial park or planned industrial development that intersects with an arterial street.
(4) To ensure that the reasonable use of neighboring properties is not adversely affected and to reduce the potential for adverse health, odor or other environmental impacts, the proposed site shall abut industrial zoning districts on all sides and shall comply with the following separation distances:
A. Two thousand six hundred forty (2,640) feet (one-half mile) from any property occupied by a hospital, nursing home, senior housing project, or any facility designed for use by the physically infirm, or where large numbers of people congregate, such as recreation centers, parks or playgrounds, public meeting halls, places of religious worship, schools or libraries.
B. Two thousand six hundred forty (2,640) feet (one-half mile) from any existing residential structure or any residential or mixed-use district boundary.
C. Additionally, the City Council shall determine that the proposed use shall not adversely affect nonconforming residential uses and that adequate separation is provided from existing industrial uses that may be particularly sensitive, such as food, beverage, or drug processing facilities.
D. The separation distances specified above may be reduced by not more than fifty percent (50%) upon a finding by the City Council that the distance is sufficient to prevent any occurrence of health or obnoxious odor problems or pollution of land, water courses or drainage systems.
(5) The minimum width and plant material requirements for greenbelts and landscape buffer zones shall be increased by fifty percent (50%) above the minimum buffer requirements of Section 1147.04(b).
(6) Environmental Controls.
A. All processing, treatment, recycling, transfer, unloading and storage shall be within a completely enclosed building or in approved storage tanks. The facility shall be constructed to enclose all equipment which generates significant levels of noise.
B. All aggregate and bulk materials shall be stored in the building or in concrete bunkers or silos. The bunkers or silos shall be equipped to control fugitive dust and particles.
C. The required site plan shall indicate that all motor vehicles, which have contained or been in contact with hazardous waste, recycled materials or sludge, shall be washed clean prior to leaving the site. The method and area for washing shall be specified on the site plan.
D. The facility shall be equipped with an approved wastewater recycling system to avoid contaminated water or liquids from being discharged to ground water, surface water or storm sewers. This shall include a wash-out, wash-down, and secondary containment system to recover and recycle impurities and other by-products processed from trucks, machinery products, supplies or waste.
E. All surface areas involved in the loading, unloading, transfer or storage shall be constructed to prevent the runoff of any hazardous material to unpaved areas or non-designated drainage facilities. Potential waste shall be collected with a secondary containment system and processed or disposed of according to state or federal regulations. Any drainage of fluids shall be on a non-pervious platform so that all liquids will be contained and not discharge to the ground.
(7) All driveways, surface roads and storage areas on the premises shall be paved with concrete or deep strength asphalt. Deceleration lanes shall be provided in accordance with the City of Lorain design standards. Acceleration or passing lanes may be required by the City Engineer. The Planning Commission shall take into consideration vehicular turning movements in relation to traffic flow, proximity of curb cuts and intersections.
(8) All areas of the site which are not paved for parking, driveways, loading or operation shall be landscaped and maintained in accordance with Chapter 1147.
(9) The facility and all of its operations shall strictly comply with all applicable city, county, state and federal statutes, regulations, rules, orders and ordinances. Systems shall be employed to contain and process all discharged materials from the facility in an environmentally sound manner.
(10) Plans and/or reports shall be filed with the Lorain Fire Department, indicating the types of materials stored and where they are located on the site.
(11) All approvals by the City shall be conditioned and subject to the applicant securing all required approvals and permits, as defined by local, county, state and federal statutes and regulations.
(12) The City Council shall establish fees to pay its costs of administration and inspections of the site and facility to ensure that the development is being operated in compliance with the conditions of approval.
(Ord. 4-21. Passed 1-4-21.)
1145.01 PURPOSE.
The purpose of this chapter is to establish a uniform set of requirements for the planning and design of developments within the City in order to achieve the following objectives: to determine compliance with the provisions of this Ordinance; to promote the orderly development of the City; to prevent depreciation of land values; to ensure a consistent level of quality throughout the community; to ensure a harmonious relationship between new development and the existing natural and manmade surroundings; to achieve the purposes of the City of Lorain Comprehensive Plan; to promote consultation and cooperation between applicants and the city in order that applicants may accomplish their objectives in the utilization of land, consistent with the public purposes of this Ordinance and the comprehensive plan.
(Ord. 4-21. Passed 1-4-21.)
1145.02 APPLICABILITY.
(a) Plan Levels. Varying levels of site plan review are established, depending on the scale of the proposed development and potential impacts it may have on the community and immediate surroundings. This section defines the parameters under which varied levels of plans will be required for all non-residential, attached single-family and multiple family development and defines the review authority, as follows:
(1) Administrative Review. The Zoning Administrator shall review site plans in connection with the creation of a use or the erection of a building or structure as indicated in Table 1145.02; provided, if a use is subject to the requirements of the design review overlay district, the Design Review Board shall first review the plan and submit a recommendation to the Zoning Administrator.
(2) Preliminary Plan Review. The City Council, after review and recommendation by the Planning Commission and, if applicable, the Design Review Board, shall act upon all preliminary site plans in connection with the creation of a Mixed-Use or PUD district, or as otherwise required.
(3) Final Plan Review. The Planning Commission shall act upon all final site plans in connection with the creation of a use or erection of a building or structure as indicated in Table 1145.02; provided, if a use is subject to the requirements of the design review overlay district, the Design Review Board shall be responsible for review and action with regard to building design, signs and landscaping.
(b) Applicable Projects. Table 1145.02 specifies the project categories applicable to each level of site plan.
(Ord. 4-21. Passed 1-4-21.)
1145.03 EXEMPTIONS.
Site plan review shall not be required for a single or two-family dwelling when permitted by right on a lot on which there exists no other building or use or for any home occupation or accessory building for a residential use in a residential district or mixed-use district.
(Ord. 4-21. Passed 1-4-21.)
1145.04 APPLICATION AND REVIEW.
The process of reviewing a site plan shall be as follows:
(a) Administrative Plan Reviews. Administrative reviews shall be performed by the Zoning Administrator, as follows:
(1) Copies of a complete site plan and an electronic version, in a quantity and format specified by the City, shall be submitted to the Zoning Administrator along with an application for that purpose and a fee, as established by the City Council.
(2) The Zoning Administrator shall review the site plan for completeness, and shall obtain comments, as he or she considers necessary, from City departments or consultants.
(3) The Zoning Administrator shall consider the site plan, any comments received, and the applicable standards of this Ordinance and shall either approve the site plan, as submitted, if all applicable requirements and standards have been met; approve the site plan with conditions; or deny approval of the site plan, if applicable requirements and standards have not been met. At the Zoning Administrator's sole discretion, the application may be submitted to the Planning Commission or Design Review Board, as applicable, for comment or a decision.
(4) The reasons for the Zoning Administrator's action, along with any conditions that may be attached, shall be stated in writing and provided to the applicant.
(5) If approved, two (2) copies of the final site plan shall be signed and dated by the Zoning Administrator and the applicant. One (1) copy shall be kept on file with the City and one (1) copy shall be returned to the applicant or his designated representative. If the plan is approved with conditions, a revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and Zoning Administrator prior to issuance of any permits.
(b) Preliminary Plan Reviews. Preliminary plan reviews shall be performed by the Planning Commission and City Council, as follows:
(1) Copies of a complete site plan and an electronic version, in a quantity and format specified by the City, shall be submitted to the Zoning Administrator along with an application for that purpose and a fee, as established by the City Council.
(2) The Zoning Administrator shall review the site plan for completeness, and shall obtain comments, as he or she considers necessary, from City departments or consultants. If the proposed project is located within the design review overlay district, the Zoning Administrator shall also distribute the application materials to the Design Review Board for review and comment.
(3) Once the Zoning Administrator determines that the site plan is complete, he or she shall transmit the site plan, along with comments from City departments and consultants to the Planning Commission for consideration at its next meeting. The Zoning Administrator shall not be required to submit any site plan for review which was submitted less than fifteen (15) business days (excluding weekends and holidays) prior to the next regularly scheduled Planning Commission meeting.
(4) The Planning Commission and, if applicable, the Design Review Board shall consider the site plan and shall recommend that the City Council either approve the site plan, as submitted, if all applicable requirements and standards have been met; approve the site plan with conditions; or deny approval of the site plan, if applicable requirements and standards have not been met. The Planning Commission review shall be based on the requirements of this chapter and, specifically, the review standards of Section 1145.06.
(5) The Planning Commission's recommendation and, if applicable, any proposed conditions shall be forwarded to the City Council for action on the request. If the proposed project lies within the design review overlay district, comments and recommendations from the Design Review Board shall also be submitted to the City Council. The City Council shall make its decision based on the standards of Section 1145.06.
(6) The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled. In the event the matter is tabled at the request of applicant, or as a result of the applicant or the applicant's representative not being present, an additional administrative fee of one hundred dollars ($100.00) shall be charged and paid prior to the matter being placed on the agenda of a future meeting.
(7) If approved, two (2) copies of the final site plan shall be signed and dated by the Mayor and the applicant. One (1) copy shall be kept on file with the City and one (1) copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, a revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the mayor, prior to issuance of any permits.
(c) Final Plan Reviews. Final site plan review shall be performed by the Planning Commission, as follows:
(1) Copies of a complete site plan and an electronic version, in a quantity and format specified by the City, shall be submitted to the Zoning Administrator along with an application for that purpose and a fee, as established by the City Council.
(2) The Zoning Administrator shall review the site plan for completeness, and shall obtain comments, as he/she considers necessary, from City departments or consultants.
(3) Once the Zoning Administrator determines that the site plan is complete, he/she shall transmit the site plan, along with comments from City departments and consultants to the Planning Commission for consideration at their respective next meeting; provided, if the proposed project falls within the design review overlay district, he or she shall also forward copies of the final plan to the Design Review Board. The Zoning Administrator shall not be required to submit any site plan for review which was submitted less than fifteen (15) business days (excluding weekends and holidays) prior to the next regularly scheduled meeting of the Planning Commission.
(4) The Design Review Board, if applicable, shall review the plan and submit its comments relevant conditions, if any, and decision regarding building design, signs and landscaping to the Planning Commission.
(5) The Planning Commission shall consider the site plan, along with the comments and actions of the Design Review Board, and shall either approve the site plan, as submitted, if all applicable requirements and standards have been met; approve the site plan with conditions; or deny approval of the site plan, if applicable requirements and standards have not been met. The Planning Commission review shall be based on the requirements of this chapter and, specifically, the review standards of Section 1145.06.
(6) If approved, two (2) copies of the final site plan shall be signed and dated by the Planning Commission Chairman and the applicant. One (1) copy shall be kept on file with the City and one (1) copy shall be returned to the applicant or his designated representative. If the plan is approved with conditions, a revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the Planning Commission Chairman, prior to issuance of any permits.
(Ord. 4-21. Passed 1-4-21.)
1145.05 DEVELOPMENT PLAN REQUIREMENTS.
(a) Required Content. Each site plan submitted shall contain the following information, as applicable:
(Links for Table 1145.05: Chapter 1147, Chapter 1151)
(b) Information Waiver. Specific requirements of any required site plan may be waived by the respective reviewer, as applicable, where it is determined that such information is not relevant to the subject request.
(Ord. 4-21. Passed 1-4-21.)
1145.06 REVIEW STANDARDS.
A site plan shall be approved only upon a finding of compliance with the following standards:
(a) The site plan must comply with all standards of this chapter and all applicable requirements of this Ordinance and all other applicable laws and regulations.
(b) The site must be designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.
(c) The site must be designed to minimize hazards to adjacent property and reduce the negative effects of traffic, noise, smoke, fumes and glare to the maximum extent possible.
(d) Unless a more specific design standard is required by the City through a different ordinance, all uses and structures subject to site plan review shall comply with the following design standards:
(1) Traffic Circulation. The number, location, size of access and entry points, and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site, and circulation within the site. In reviewing traffic features, the number, spacing, and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties. Right-of-way recommendations for major streets, as contained in any adopted standards or thoroughfare plan, shall be met and setbacks from such streets shall be measured accordingly.
(2) Stormwater. Stormwater detention and drainage systems shall be designed so the removal of surface waters will not adversely affect neighboring properties or public stormwater drainage systems. Unless impractical, stormwater shall be removed from all roofs, canopies and paved areas by underground surface drainage system.
(3) Landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing unnecessary tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Provision or preservation of landscaping, buffers or greenbelts may be required to ensure that the proposed uses will be adequately buffered from one another and from surrounding property.
(4) Screening. Where non-residential uses abut residential uses, appropriate screening shall be provided, in accordance with Chapter 1147, to shield residential properties from noise, headlights and glare.
(5) Lighting. Lighting shall be designed to minimize glare on adjacent properties and public streets. As a condition of site plan approval, reduction of lighting during non-business hours may be required.
(6) Utility Service. All utility service shall be underground, unless impractical and approved by the City Engineer.
(7) Exterior Uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, utility buildings and structures, and similar accessory areas shall be located to have a minimum negative effect on adjacent properties, and shall be screened, if reasonably necessary, to ensure compatibility with surrounding properties.
(8) Emergency Access. All buildings and structures shall be readily accessible to emergency vehicles.
(9) Water and Sewer. Water and sewer installations shall comply with all city specifications and requirements.
(10) Signs. Permitted signs shall be located to avoid creating distractions, obstructions and visual clutter.
(11) Building Design. New or substantially remodeled buildings shall be reasonably compatible in appearance with, or shall enhance, the established general character of other buildings in the immediate vicinity.
(Ord. 4-21. Passed 1-4-21.)
1145.07 CONDITIONS.
Conditions which are designed to ensure compliance with the intent of this Ordinance, the review standards of this chapter and other provisions of the City of Lorain Code of Ordinances may be imposed on site plan approval.
(Ord. 4-21. Passed 1-4-21.)
1145.08 CHANGES TO APPROVED PLANS.
Changes to an approved site plan shall be permitted only under the following circumstances:
(a) The holder of an approved site plan shall notify the Zoning Administrator of any proposed change to the site plan.
(b) Changes to an administrative site plan may be approved by the Zoning Administrator.
(c) Minor changes to final site plans may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:
(1) Reduction in building size or increase in building size up to five percent (5%) of total approved floor area.
(2) Movement of buildings or other structures by no more than ten (10) feet.
(3) Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.
(4) Changes in building materials to a comparable or higher quality; provided, such change does not alter the exterior architectural design of the building as approved.
(5) Changes in floor plans which do not alter the character of the use.
(6) Changes required or requested by a City or county, state, or federal regulatory agency in order to conform to other laws or regulations.
(d) A proposed change to a final site plan, not determined by the Zoning Administrator to be a minor change, shall be submitted to the Planning Commission as a site plan amendment and shall be reviewed in the same manner as the original application, including recommendations by the Design Review Board, if applicable, and approval by the City Council of revised preliminary plans.
(Ord. 4-21. Passed 1-4-21.)
1145.09 EXPIRATION.
Site plan approval shall expire twenty-four (24) months after the date of approval, unless substantial construction has been commenced and is continuing. If a project is to be undertaken in phases, this requirement shall only apply to the initial phase as shown on the approved site plan. The applicable review authority may grant one extension of up to twelve (12) additional months; provided the applicant requests an extension, in writing, prior to the date of expiration of the site plan. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period. If the above provisions are not fulfilled or the extension has expired prior to construction, the site plan approval shall become null and void. (Ord. 4-21. Passed 1-4-21.)
1145.10 APPEAL.
An appeal from an administrative decision made by the Building Department, or from a decision made by the Zoning Administrator, shall be filed with the Zoning Board of Appeals. The appeal shall be filed with the Zoning Board of Appeals within in fourteen (14) days from the date the decision being appealed was issued. An appeal from a decision of the Zoning Board of Appeals, Planning Commission, or an administrative decision of Counsel, shall be made to the Lorain County Common Pleas Court, or other applicable court, in accordance with the provisions of Chapters 2505 and 2506 of the Ohio Revised Code.
(Ord. 4-21. Passed 1-4-21.)
1147.01 INTENT.
The City of Lorain determines it is necessary and desirable to enact landscaping and buffering regulations for the protection of the public health, safety and welfare. The importance of plant material is recognized by the City for its contribution to shade, cooling, noise and wind reduction, soil erosion prevention, oxygen production, dust filtration, carbon dioxide absorption, aesthetic and economic enhancement of all real property, and its contribution to the general well-being and quality of life of the citizens of Lorain. Consistent with the expressed purpose of this chapter, all persons shall make reasonable efforts to preserve and retain certain existing, self-supporting trees as defined in these regulations. In order to achieve these purposes, this chapter calls for the conservation and planting of trees, shrubs and groundcover without denying the reasonable use and enjoyment of real property.
(Ord. 4-21. Passed 1-4-21.)
1147.02 GENERAL PROVISIONS.
(a) Applicability. This chapter governs and regulates the following activities within the City:
(1) All non-residential (industrial, commercial, office, institutional and civic), attached single-family and multifamily construction on lands within the City which, on the effective date of this Ordinance, requires a building permit.
(2) The perpetual maintenance of any required landscaped or common open space area built on or after the effective date hereof.
(b) Exceptions. The regulations of this chapter shall apply in all areas of the City except:
(1) Those lands within the City limits which, on the effective date of this Ordinance, have a pending or completed application for approval for residential subdivision or the building of improvements on such lands in compliance with the Zoning Ordinance of the City as they exist on the date of such application: provided, those proposed improvements are built and completed within any applicable time limits specified in this Ordinance.
(2) Those lands which may in the future be annexed into the City, and on the effective date of that annexation, are improved by the construction of a building or other structure, or have received final approval for residential subdivision, in compliance with the zoning ordinances of the jurisdiction from which they are annexed as they exist on the date of annexation.
(c) Review and Permitting Procedures.
(1) Pre-application Review. Applicants are strongly encouraged to meet with the Zoning Administrator to discuss design concepts or present a preliminary design prior to submission of a required landscaping plan. Such discussions shall not be binding on the applicant or the City, are strictly at the option of the applicant, and no official action will be taken regarding the discussion or presentation.
(2) Application. A landscape plan, as specified in this chapter, shall be submitted as part of any administrative or final site plan required by Chapter 1145 of this Ordinance, unless specifically deferred or waived by the Zoning Administrator, Planning Commission or, if applicable, Design Review Board. The landscape plan submittal and application shall follow the applicable requirements of Section 1145.04. Incomplete plans will be returned to the applicant as though no application had been received, with notice of deficiencies and non-filing.
(3) Review Authority. The Zoning Administrator or Planning Commission shall be responsible for reviewing the landscape plan, based on the scale of the proposed development as specified in Table 1145.02. If the property that is the subject of the application is located within the design review overlay district, a copy of the landscape plan shall be forwarded by the Zoning Administrator to the Design Review Board which shall be responsible for reviewing and acting upon the landscaping.
(4) Technical Review. The Zoning Administrator shall review all plans and specifications submitted and the premises upon which the trees and landscaping are proposed to be planted with regard to compliance with the technical requirements of this chapter and all other ordinances and laws of the City.
(5) Design Review. The review authority shall consider the landscaping plan and shall approve, approve with conditions, or deny the application, based on conformance with the applicable landscape standards of Sections 1147.03 and 1147.04. If denied, the reasons for the denial shall be stated and submitted in writing for the record.
(6) Approval. Upon approval or approval with conditions, the Zoning Administrator shall issue a permit accordingly.
(d) Landscape Plan Requirements.
(1) Preparation. The landscape plan shall include the location, botanical name, common name, quantity and size of all proposed plantings and shall be prepared by a landscape architect licensed in the State of Ohio to prepare planting plans. Additionally, the plan shall include summary plant schedules, charts and notes as necessary to clearly demonstrate conformance with all applicable planting requirements for the site. The general landscape installation standards defined within this chapter shall be included as notes on the plans. This requirement may be waived by the Zoning Administrator, at his/her sole discretion, for projects subject to administrative site plan review and for any residential development containing fewer than four (4) dwellings on a single lot or parcel; provided, the number, type, size and location of all proposed plant material shall be shown on the plan.
(2) Deviation from Plans. At any time after the approval of any landscape plan, a developer, builder, or owner shall have the right to amend the proposed plan. Approval for deviations from the approved plan shall follow the same steps as changes or revisions to any other required development/site plans within the city, as specified in Section 1145.08.
(Ord. 4-21. Passed 1-4-21.)
1147.03 GENERAL LANDSCAPING STANDARDS.
(a) Plant Material. All required buffers, screens, berms and green belts shall comply with the following standards in addition to all other applicable requirements of this section:
(1) All plant materials shall be hardy to Lorain County and free of disease and insects.
(2) Landscaped areas shall be maintained in a neat, healthy and orderly condition following accepted horticultural practices. Withered, dying and/or dead plants and trees shall be replaced within a reasonable period of time, but not longer than one (1) growing season.
(3) Artificial plant material shall not be used within any required landscaped area. This shall not preclude the use of stone, shredded bark, wood chips, pine needles or similar accent materials within planting beds.
(4) All plant material, screens and berms shall be installed in such a manner as not to alter drainage patterns or to obstruct vision for safety of ingress or egress.
(5) All plant material shall be planted in a manner as to not cause damage to utility lines (above and below ground) and public roadways.
(6) Existing plant material which complies with the standards and intent of this ordinance and the provisions of this section may be credited toward meeting the landscape requirements. Scrub, dying, diseased, or prohibited trees and shrubs shall be removed and shall not be counted toward any requirement of this section.
(7) The overall landscape plan shall not contain more than thirty-three percent (33%) of any one plant species, unless determined to be appropriate by the reviewing authority.
Table 1147.03, Minimum Size Requirements | |
Plant Type | Minimum Size |
Deciduous canopy tree | 2.5 inch caliper |
Deciduous ornamental tree | 2.5 inch caliper |
Evergreen tree | 7 feet in height |
Deciduous shrub | 24 inches in height |
Upright evergreen shrub | 24 inches in height |
Spreading evergreen shrub | 24 inch spread |
(8) Plant material shall conform to the standards found in the American Standard for Nursery Stock (ANSI Z60.1 - 2014) published by American Hort and conform to the minimum plant sizes at time of planting listed in Table 1147.03, unless a greater requirement is specified elsewhere in this Ordinance. Larger sizes may be required by the reviewing authority, if determined to be necessary to maintain a natural appearance and achieve the intended purpose of the buffer, green belt or screen based on the size of the development, its location and/or the character of the surrounding area.
(9) Landscaping shall be installed prior to issuance of a certificate of zoning compliance, unless the owner demonstrates that weather conditions or unforeseen circumstances beyond his/her control prevented the installation. In such case, the Zoning Administrator may issue a conditional certificate of zoning compliance provided that a specific time limit, not to exceed 180 days, is established for completing the landscaping.
(b) Berms.
(1) Berms shall have a minimum height of three (3) feet and maximum height of six (6) feet above grade. The crest shall gently curve with a level crown at least two (2) feet wide.
(2) Berms shall be constructed to maintain a side slope not to exceed a one (1) foot rise to a three (3) foot run ratio. When topography or other site conditions prevent construction of berms at this ratio, the reviewing authority may permit retaining walls or terracing. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.
(3) Berms shall be designed to vary in height and shape to create a more natural appearance.
(4) Berm areas not containing planting beds shall be covered with grass or other living ground cover maintained in a healthy condition.
(5) Required plant material shall be placed on the top and side slope facing the adjacent property.
(c) Screen Walls and Fences.
(1) All required plant material shall be on the exterior side of the screen wall or fence.
(2) The wall or fence may be constructed with openings that do not exceed twenty percent (20%) of the wall surface. While the opening may allow passage of air, it shall not reduce the obscuring effect of the wall or fence.
(3) When a screen wall or fence has both a finished face and an unfinished face, the finished face shall be installed so that it is directed toward the exterior side of the development site, or the side which will be most visible to the general public, as determined by the reviewing authority.
(4) Screen walls or fences shall be constructed so as to not alter drainage patterns on-site or on adjacent properties.
(Ord. 4-21. Passed 1-4-21.)
1147.04 SPECIFIC LANDSCAPING REQUIREMENTS.
(a) Green Belt.
(1) Requirement. Green belts shall be provided along any frontage abutting a public right-of-way in a business or industrial district or if the property is to be developed for a non-residential, attached single-family or multiple-family use in a residential district. Except for necessary driveways, frontage roads, service drives or walkways, a green belt shall extend the full length of the lot line. A green belt shall not be required in the B-3, Downtown Business District.
(2) Green Belt Standards.
A. The minimum depth of the green belt shall be as follows:
i. Business Districts: equal to the zoning district's required setback along any street or twenty (20) feet, whichever is less
ii. Industrial Districts: twenty (20) feet
iii. Non-residential uses in Residential Districts: twenty-five (25) feet
iv. Attached single-family and multiple-family developments: twenty-five (25) feet
B. At a minimum, a required green belt shall be landscaped in accordance with the following:
i. One (1) canopy tree plus one (1) additional canopy or ornamental tree for each seventy-five (75) feet, or fraction thereof, of road frontage; and
ii. Six (6) shrubs per each fifty (50) feet, or fraction thereof, of road frontage.
C. Existing trees located within the required green belt shall be counted toward meeting the minimum requirements of this section; provided, they are indigenous to Lorain County and are in a healthy condition, as determined by the zoning administrator. Other existing trees within the required green belt may be counted toward the minimum requirements of this section if approved by the reviewing authority.
D. Healthy and viable existing trees within a proposed green belt shall be preserved unless their removal is shown, to the satisfaction of the reviewing authority, to be infeasible due to existing site characteristics, necessary grading, location of future site improvements or other similar conditions that make their preservation unreasonable or undesirable. Financial hardship or development expediency shall not be considered valid rationale for such tree removal.
E. If berms are appropriately incorporated into the green belt, the reviewing authority may reduce the required quantities of plant material by up to one-third (1/3) where it is determined that the purpose of the green belt will still be achieved.
F. Green belt landscaping need not be evenly spaced. Clustering of trees and planting beds is encouraged to provide a more aesthetic and natural appearance.
G. Landscaping shall be located so it does not obstruct the vision of drivers entering or exiting a site.
H. Storm water management facilities may only be located within a required green belt if the reviewing authority determines that such areas will enhance the appearance of the green belt and will not jeopardize either the survival of plant material or public safety.
(b) Buffers.
(1) Requirement. Landscaping shall be provided to buffer the negative impacts between incompatible land uses, to minimize the adverse effects of certain activities upon their surroundings and to improve the appearance of intensive uses within the community.
(2) Buffer Zone Standards. Buffer zones shall be required along the property line between adjacent lots as specified in Table 1147.04-1 and defined in Table 1147.04-2. A buffer zone shall be required even where the adjacent property is unimproved.
A. Prior to changing the use of a property to a more intense land use (for example, residential to commercial), or when a property is rezoned to a more intense district, a buffer zone meeting the applicable requirements of this section shall be installed.
B. All areas of the buffer zone outside of planting beds shall be planted with grass or other living ground cover or preserved in a natural wooded state.
C. Storm water management facilities may be located within a required buffer zone provided they do not reduce the screening effect.
(3) Buffer Zone Exceptions. A buffer zone shall not apply where the reviewing authority determines that existing natural conditions are such that a lot cannot reasonably accommodate a required buffer or, where existing natural conditions on the lot act as a suitable buffer. Alternatively, where the reviewing authority determines that a vegetative buffer is inappropriate for a lot, they may require the installation of a fence or wall to meet the buffer requirements. The following factors shall be considered when evaluating any request for exception:
A. Physical characteristics of the site and surrounding area such as topography, vegetation, water features, etc;
B. Views and noise levels;
C. Proximity or potential proximity to residential uses;
D. Building and parking lot placement; and
E. Location of outdoor storage, display, or sales areas.
(c) Screening.
(1) Requirement. Screening shall be required as follows, except as may be provided elsewhere in this chapter. Screening shall be required even where the adjacent property is unimproved.
A. Around all trash dumpsters in all districts.
B. Around designated outdoor storage areas.
C. Around any loading/unloading area visible from an adjoining street or parking area located on adjoining property.
D. Around heating and cooling units for all non-residential uses.
E. Around essential public services and related accessory structures.
(2) Screening Standards. Except as otherwise permitted by this section, a required screen shall be comprised of a solid, sight-obscuring fence or wall meeting the requirements in Section 1141.08 of this Ordinance and also the following minimum specifications:
A. The screen shall be at least six (6) feet in height.
B. The screen shall be enclosed on all sides and not contain any openings other than a gate for access which shall be closed at all times when not in use. This full enclosure requirement, however, shall not apply to screening of loading/unloading areas.
C. The screen shall be constructed of masonry, treated wood or other approved material determined to be durable, weather resistant, rust proof and easily maintained. Chain link, split rail, and metal fences shall not be permitted to meet the screening requirement.
D. When a screen wall or fence has both a finished side and an unfinished side, the finished side shall face the adjoining property or, if on the interior of the site, shall face outward toward the perimeter of the site.
E. If approved, the required screen may be comprised of berms or plant material, in combination with or as a substitute for a fence or wall when it is determined that the alternate solution will provide the same degree or better of opacity and screening required by this section.
(3) Screening Exceptions. If existing conditions are such that a lot cannot accommodate the screening standards above, the reviewing authority may modify the screening requirements based on the following factors:
A. Distance from existing or future residential uses;
B. Sight lines from parking areas, adjacent properties or roadways;
C. Noise levels generated by the facility to be screened; and
D. Physical characteristics of the site and surrounding area such as topography and vegetation that may mitigate the need for screening.
(Ord. 4-21. Passed 1-4-21.)
1147.05 CERTIFICATE OF COMPLETION AND BOND REQUIREMENTS.
(a) Certificate of Completion for Non-Residential, Attached Single-Family and Multi-Family.
(1) Final Inspection. The Zoning Administrator shall make a final inspection of trees and landscaping for completeness prior to issuance of the certificate of completion. The installed plantings shall match the approved plan.
(2) Tree and Landscape Performance Bond.
A. In the event of continued construction, weather, plant availability or other delay, approved by the Zoning Administrator, which reasonably prevents the installation of all or a portion of the required landscaping, the owner shall post a performance bond to assure completion. The bond shall be equal to one hundred twenty-five percent (125%) of the approved estimate for tree and/or landscape installation which cannot be planted. The bond shall be posted with the City of Lorain. A deadline for completion of work shall be scheduled with the city but in no case shall be more than six (6) months from the date a certificate of completion is issued for the project.
B. The Zoning Administrator shall make a final inspection of the trees and landscaping at the scheduled completion of work. If work has been completed, the tree and landscape performance bond shall be refunded. If the landscaping is not complete at the scheduled deadline, the performance bond shall be withheld based upon the amount of work incomplete and the city, at its sole discretion, may cause the work to be completed and paid for with the bond.
(b) Common Areas Regulated.
(1) From the effective date of this Ordinance, all trees required by this chapter to be planted, preserved or protected in all common areas or other public facilities in every development subject to the provisions of this chapter shall be maintained for a period of three (3) years after the date of certification of completion by the developer, property owners association, owner or similar entity holding title to those properties.
(2) Responsibility for that maintenance shall commence on the date the improvements required by this chapter are certified as completed and continue, as provided above, for a period of three (3) years.
(3) The initial responsibility of such maintenance shall be upon the developer, and shall remain upon the developer until the sooner of the time that the developer passes legal title to the owner or a property owner's association, or similar association, or the end of the maintenance period, whichever occurs first. However, if the developer retains any control, including voting control, in or over the association, the developer's maintenance responsibility shall continue until the developer fully surrenders such control to the association or the end of the maintenance period, whichever occurs first.
(4) Should the developer both pass the legal title to the common areas and surrender control of any property owner's or similar association prior to the end of the maintenance period, as provided in subsection (c) above, the owner or property owner's or similar association, as the case may be, shall assume full responsibility for the maintenance of the improvements on the common areas for the entire balance of the maintenance period.
(5) Every developer responsible for any maintenance under this chapter shall, on or before December 31 of each calendar year, file with the Zoning Administrator, a statement for each development, setting out the ownership status of the common areas of such development, and for those developments where a property owner's association, or similar association, is to hold title to the common areas. The statement shall declare, under penalty of perjury, that the developer has or has not surrendered control, including voting control, of such association.
(Ord. 4-21. Passed 1-4-21.)
1149.01 PURPOSE.
The purpose of this chapter is to prescribe regulations for off-street parking of motor vehicles in residential and non-residential zoning districts; to ensure by the provision of these regulations that adequate parking and access are provided in a safe and convenient manner; and to afford reasonable protection to adjacent land uses from light, noise, air/water pollution and other effects of parking lot proximity.
(Ord. 4-21. Passed 1-4-21.)
1149.02 GENERAL REQUIREMENTS.
(a) Applicability of Parking Requirements. For all buildings and uses established after the effective date of this Ordinance, off-street parking shall be provided as required by this chapter. In addition, the following shall also apply:
(1) Whenever use of a building or lot is changed to another classification of use, off-street parking facilities shall be provided, as required by this chapter for that use.
(2) If the intensity of use of any building or lot is increased, through the addition of floor area, increase in seating capacity, or other means, additional off-street parking shall be provided, as required by this chapter.
(3) Off-street parking facilities in existence on the effective date of this ordinance shall not be reduced below the requirements of this chapter, nor shall nonconforming parking facilities that exist as of the effective date of this Ordinance be further reduced or made more nonconforming.
(4) An area designated as required off-street parking shall not be changed to another use, unless equal facilities are provided elsewhere in accordance with the provisions of this chapter.
(b) Location. Off-street parking facilities required for all uses other than single and two-family dwellings shall be located on the lot or within 300 feet of the building(s) or use they are intended to serve, as measured from the nearest point of the parking facility to the nearest public entry of the building(s) or use served. Off-street parking facilities required for single-and two-family dwellings shall be located on the same lot or plot of ground as the dwelling they are intended to serve, and shall consist of a driveway, parking strip, parking apron, and/or garage.
(c) Shared/Common Parking.
(1) Two (2) or more buildings or uses may share a common parking facility; provided, the number of parking spaces available shall equal the required number of spaces for all the uses computed separately.
(2) Parking facilities for a church, place of worship or similar intermittently used facility may be used to meet up to fifty percent (50%) of the off-street parking for uses lying within 300 feet of the facility, as measured from the nearest edge of the parking area to the nearest public entry point of the building or use; provided, the church, place of worship or similar facility makes the spaces available and there is no conflict between peak times when the uses are in need of the parking facilities.
(3) A request for shared parking that will result in fewer than the total number of spaces required for all uses separately may be approved as part of administrative, concept or final site plan review. In any case, the continued availability of required parking, either shared or by other means, shall be made a condition of any site plan approval and/or conditional use approval, as provided by this Ordinance. The following documentation shall be provided in conjunction with such a request:
A. A shared parking analysis shall be submitted to the Zoning Administrator that clearly demonstrates the feasibility of shared parking. The study must be provided in a form established by or acceptable to the Zoning Administrator. It must address, at a minimum, the size and type of the proposed development or combination of uses, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
B. A shared parking plan shall be enforced through written agreement among all owners of record and included in the development agreements filed with the City. The agreement shall be in recordable form, be perpetual and provide that the provisions of the agreement run with the land and may be enforced by any owner of the affected property, or the City of Lorain, if violated.
(4) An attested copy of the shared parking agreement between the owners of record shall be submitted to the Zoning Administrator to be recorded in a form established by the City Attorney. The agreement must be recorded before issuance of a building permit or certificate of zoning compliance for any use to be served by the shared parking area. A shared parking agreement may only be revoked if all required off-street parking spaces will be provided on-site. The City shall void the written agreement if other off-street facilities are provided in accord with these zoning regulations.
(d) Modification of Parking Requirements. Cumulative parking requirements for mixed-use developments or planned unit developments may be reduced by the City Council, as part of concept plan review, or by the Planning Commission, as part of final site plan review, where it can be determined that one or more of the following conditions is met:
(1) Other forms of travel (such as transit, bicycle or pedestrian) are available and likely to be used and the site design will incorporate both bicycle parking facilities and pedestrian connections.
(2) Shared parking is available to multiple uses where there will be a high proportion of multipurpose visits or where uses have peak parking demands during differing times of the day or days of the week and meeting the following requirements:
A. Pedestrian connections shall be maintained between the uses.
B. Unless the multiple uses are all within a unified business center, office park or industrial park all under the same ownership, shared parking agreements shall be filed by the Zoning Administrator with the City Clerk after approval and recording.
(3) Available municipal off-street parking or on-street spaces are located within 300 feet of the subject property and one (1) or more of the following conditions exist:
A. A number of the on-street spaces are currently routinely available and can reasonably be expected to be available to the use for which the waiver is requested;
B. The nature of the proposed use is such that its peak demand occurs at times when the on-street parking is not likely to be used; or
C. The on-street parking would not be the primary parking area for the use and may be considered a temporary option in support of deferred parking, as provided in Section 1149.02(e).
(4) Expectation of walk-in trade is reasonable due to sidewalk connections to adjacent residential neighborhoods or employment centers. To allow for a parking space reduction, the site design shall incorporate pedestrian connections to the site and on-site pedestrian circulation, providing safe and convenient access to the building entrance.
(5) Where the applicant has provided a parking study, conducted by a qualified transportation engineer, demonstrating that another standard would be more appropriate based on actual number of employees, expected level of customer traffic, or actual counts at a similar establishment.
(6) A parking study may be required, at the sole discretion of the reviewing authority, to document that any one or more of the criteria in subsections (d)(1) through (4) above would be met.
(e) Deferred Parking.
(1) Where a reduction in the number of parking spaces is not warranted, but an applicant demonstrates that the parking requirements for a proposed use would be excessive, the City Council, for concept plans, and Planning Commission, for final plans, may defer a portion of the required parking. A site plan shall designate areas of the site for future construction of the required parking spaces, meeting the design and dimensional requirements of this chapter. Any area so designated shall be maintained in a landscaped appearance and not occupy required buffers, greenbelts or parking lot setbacks, or be used for any other purpose.
(2) The deferred parking shall meet the requirements of this chapter, if constructed. Construction of the additional parking spaces within the deferred parking area may be initiated by the owner or required by the City, based on parking needs or observation, and shall require approval of an amended site plan which may be approved by the Zoning Administrator.
(f) Temporary Parking. It is recognized that there may be special events or situations that occur infrequently which would result in a temporary reduction in the availability of required parking spaces or create a need for temporary off-site parking. Such events may include, but are not limited to, outdoor vehicle sales, festivals or fairs, church/school car washes, sporting events or garage sales. In those instances, the Zoning Administrator may authorize the use of a portion of the required parking area for other purposes on a temporary basis or permit temporary off-site parking, upon a demonstration by the applicant that:
(1) The loss of the required parking spaces may be off-set by requiring employees or customers to park elsewhere or that due to the time of year or nature of the on-site business, the required spaces are not needed;
(2) All or part of the displaced parking may be accommodated on unpaved areas of the site;
(3) Permission has been granted by neighboring property owners or operators to use their parking facilities;
(4) The duration of the special event is so short or of such a nature as to not create any appreciable parking shortage for the normal operation of the existing on-site use;
(5) Temporary off-site parking is located and designed to ensure safe and efficient circulation for both pedestrians and vehicles (a site plan may be required to demonstrate this); and
(6) The proposed special event satisfies all other applicable city regulations.
(g) Maximum Allowed Parking. In order to minimize excessive areas of pavement that detract from aesthetics, contribute to high rates of storm water runoff and generate reflective heat, the minimum parking space requirements of this section shall not be exceeded by more than ten percent (10%), unless approved by the City Council, as part of concept plan review, or the Planning Commission, as part of final plan review, or if the parking spaces are located within a multi-level parking structure. In approving additional parking space, the review authority shall determine that the parking is necessary, based on documented evidence, to accommodate the use on a typical day. Further, the review authority may require that parking spaces provided in excess of ten percent (10%) over the minimum requirement shall only be located on permeable surfaces.
(Ord. 4-21. Passed 1-4-21.)
1149.03 REQUIRED OFF-STREET PARKING.
The minimum number of required off-street parking spaces shall be provided and maintained on the premises or as otherwise allowed by this chapter, based on the applicable requirements of Table 1149.03. As a condition of approval, the City Council or Planning Commission may require that a performance guarantee be posted, in accordance with the provisions of Section 1173.06.
(a) When units or measurements determining the number of required parking spaces result in a fraction over one-half (½), a full parking space shall be required.
(b) In the case of a use not specifically mentioned, the requirement for off-street parking facilities for a specified use which is most similar, as determined by the Zoning Administrator, shall apply.
(c) Each twenty-four (24) inches of bench, pew, or similar seating facilities shall be counted as one (1) seat, except if specifications and plans filed in conjunction with a building permit application specify a maximum seating capacity, that number may be used as the basis for required parking spaces.
(d) Where parking requirements are based upon maximum seating or occupancy capacity, the capacity shall be as determined by the city building and fire codes.
(e) Unless otherwise indicated, floor area shall be usable floor area (UFA).
Table 1149.03 Parking Requirements by Use | |
Use | Number of Parking Spaces |
Residential Uses | |
Accessory dwellings
| 1 space per dwelling unit
|
Bed and breakfast
| 2 for the owner/operator and 1 per leasable room
|
Boarding house, residential hotel
| 1 space per 2 beds, plus 2 additional spaces for owner or employees
|
Multiple-family residential dwellings and attached single family dwellings
| 2 spaces per dwelling unit, plus .25 spaces per unit for guest parking
|
Residential social service facilities
| 1 per 4 occupants
|
Senior apartments and senior independent living
| 1.25 spaces per unit. Should units revert to general occupancy, the requirements for multiple family dwellings shall apply
|
Single-family detached and two-family dwellings
| 2 spaces per dwelling unit
|
Institutional Uses | |
Auditoriums, assembly halls, meeting rooms, theaters, and similar places of assembly
| 1 space per 3 seats or 1 space per 3 persons allowed based on maximum capacity in the main place of assembly, as established by the city fire and building codes
|
Child day care centers, nursery schools, and day nurseries; adult day care centers
| 1 per 350 sq. ft. of UFA, plus 1 per employee. Sufficient area shall be designated for drop-off of children or adults in a safe manner that will not result in traffic disruptions.
|
Churches and customary related uses
| 1 per 3 seats in the main unit of worship, plus spaces required for each accessory use such as a school
|
Colleges and universities; business, trade, technical, vocational, or industrial schools
| 1 per classroom plus 1 per 3 students based on the maximum number of students attending classes at any one time. |
Elementary and middle schools
| 1 per teacher, employee, and administrator, in addition to the requirements for places of assembly such as auditorium, gymnasium, or stadium
| |
Government offices
| 1 per 300 sq. ft. of UFA plus requirements for auditoriums, meeting halls or similar assembly rooms
| |
High schools; performing and fine arts schools
| 1 per teacher, employee, and administrator, and 1 per 10 students, in addition to the requirements for places of assembly such as auditorium, gymnasium or stadium
| |
Hospitals and similar facilities for human care
| 1 per 2 beds, plus 1 per employee on the largest shift
| |
Nursing and convalescent homes
| 1 per 2 beds or occupants
| |
Post office
| 1 per 200 sq. ft. of UFA for customer parking, plus 1 per employee and additional space for delivery vehicles
| |
Public libraries and museums
| 1 per 300 sq. ft. of UFA, plus requirements for auditoriums, classrooms or similar assembly rooms
| |
Retail Uses | ||
Retail stores except as otherwise specified herein
| 1 per 250 sq. ft. of UFA
| |
Multi-tenant
shopping centers
| with 60,000 square feet or less of retail
| 1 per 250 sq. ft. of retail UFA
|
with over 60,000 square feet of retail
| 1 per 220 sq. ft. of retail UFA
| |
with restaurants
| If more than 20% of the shopping center’s floor area is occupied by restaurants or entertainment uses, parking requirements for these uses shall be calculated separately. Where the amount of restaurant space is unknown, it shall be assumed to be 20%
| |
Agricultural sales, greenhouses and nurseries or roadside stands
| 1 per employee plus 1 per 100 sq. ft. of actual permanent or temporary area devoted primarily to sales
| |
Animal grooming, training, day care, and boarding
| 1 per 300 sq. ft. of UFA
| |
Convenience store
| 1 per 200 sq. ft. of UFA
| |
Farmers’ markets
| 1 per 150 sq. ft. of lot area used for sales or display
| |
Furniture and appliance, household equipment, showroom for plumber, decorator, electrician, hardware, wholesale and repair shop, or similar uses
| 1 per 800 sq. ft. of net UFA plus 1 additional space per employee
| |
Grocery store/supermarket
| 1 per 200 sq. ft. of UFA | |
Home improvement centers
| 1 per 300 sq. ft. of UFA
|
Open air businesses, except as otherwise specified herein
| 1 per 500 sq. ft. of lot area for retail sales, uses, and services
|
Vehicle dealerships, including automobiles, RV’s, motorcycles, snowmobiles, ATV’s and boats
| 1 per 300 sq. ft. of show room floor space, plus 1 per automobile service stall, plus 1 per employee
|
Service Uses | |
Banks and other financial institutions
| 1 per 200 sq. ft. of UFA for the public. Drive-up windows/drive-up ATMs shall be provided with 3 stacking spaces per window or drive-up ATM
|
Beauty parlor or barber shop
| 2 parking spaces per chair/station
|
Contractor’s yard
| 1 per business vehicle, plus 1 per 1,000 sq. ft. GFA
|
Dry Cleaners
| 1 per 500 sq. ft. of UFA
|
Kennel
| 1 per 400 sq. ft. of GFA, but no less than 4 spaces
|
Laundromats
| 1 per washer-dryer pair, plus 1 space per employee
|
Mail box clusters serving residential subdivisions or other concentrated developments
| A turn-out/off-set area shall be provided adjacent to the mail box cluster of sufficient dimension (maximum 66 feet long by 7 feet wide) to accommodate three (3) standing vehicles
|
Mortuary establishment, funeral home
| 1 per 50 sq. ft. of assembly room or parlor floor space
|
Motel, hotel, or other commercial lodging establishment
| 1.25 per guest unit. In addition, spaces required for ancillary uses such as lounges, restaurants, meeting rooms, or places of assembly shall be provided and determined on the basis of specific requirements for each individual use
|
Motor vehicle service stations (gas stations and truck stops)
| 1 per employee, plus additional parking required for other uses within vehicle service station, such as the retail floor area, restaurants or vehicle repair stalls. Each automobile fueling position may count as one quarter (1/4) of a required space for other uses.
|
Offices, business, professional and general
| 1 per 300 sq. ft. of UFA, but no less than 5 spaces
|
Offices, medical, dental and veterinary
| 1 per 200 sq. ft. of UFA
|
Radio or television broadcast studio
| 1 per 400 sq. ft. of UFA
|
Vehicle repair establishment, major or minor
| 2 per service stall, plus 1 per employee |
Vehicle quick oil change
| 2 stacking spaces per service stall, rack or pit plus 1 per employee
| |
Vehicle wash
| Self-service (coin operated)
| 2 spaces plus 2 stacking spaces per washing stall
|
Full-service
| 2 spaces, plus 1 per employee. 15 stacking spaces per washing stall or line, plus a minimum of 30 foot long drying lane to prevent water from collecting on street.
| |
Restaurants, Bars and Clubs | ||
Standard sit-down restaurants with or without liquor license
| 1 per 75 sq. ft. of UFA
| |
Carry-out restaurant (with no or limited seating for eating on premises)
| 6 per service or counter station, plus 1 per employee
| |
Open front restaurant/ice cream stand
| 6 spaces, plus 1 per employee and 1 per 4 seats
| |
Drive-through restaurant
| 1 per 75 sq. ft. of UFA, plus 8 stacking spaces per food pickup window.
| |
Bars, lounges, taverns, nightclubs (majority of sales consist of alcoholic beverages)
| 1 per 50 sq. ft. of UFA
| |
Private clubs, lodge halls, or banquet halls
| 1 per 3 persons allowed within the maximum occupancy load as established by the city fire and building codes
| |
Recreation | ||
Athletic clubs, exercise establishments, health studios, sauna baths, martial art schools and other similar uses
| 1 per 3 persons allowed within the maximum occupancy load as established by city fire and building codes, plus 1 per employee
| |
Billiard parlors
| 1 per 3 persons allowed within the maximum occupancy load as established by city building and fire codes or 2 per table, whichever is greater
| |
Bowling alleys
| 5 per bowling lane
| |
Indoor recreation establishments, including gymnasiums, tennis courts, roller or ice-skating rinks, exhibition halls, dance halls, and banquet halls
| 1 space per 3 persons allowed within the maximum occupancy load as established by the city fire and building codes
| |
Golf courses open to the public, except miniature or “par 3"
| 4 per golf hole, plus additional for any bar, restaurant, banquet facility, meeting room or similar use
| |
Miniature or “par-3" courses
| 2 per 1 hole, plus 1 per employee | |
Neighborhood amenities (swimming pools, club houses and similar facilities for the common use of residents within a development)
| 1 per 10 persons allowed within the maximum capacity as established by the city fire and building codes
|
Stadium, sports arenas, sports fields (ball diamonds, soccer fields, etc) or similar place of outdoor assembly
| 1 per 3 seats or 3 per 6 feet of bench, plus 1 per employee. For fields without spectator seating, there shall be a minimum of 30 spaces per field
|
Industrial Uses | |
Industrial establishments, including manufacturing, research and testing laboratories, bottling works, printing, plumbing, or electrical workshops
| 1 per employees computed on the basis of the greatest number of persons employed at any one time during the day or night; or 1 per 550 feet of GFA, whichever is greater
|
Warehouses and storage buildings
| 1 per employee computed on the basis of the greatest number of persons employed at any one time during the day or night; or 1 per 5,000 sq. ft. of GFA, whichever is greater
|
Mini-warehouse/self-storage
| Unobstructed parking area equal to 1 space per 10 door openings, plus parking for uses on the site such as truck rental
|
Truck terminals
| 1 per employee, plus 2 truck spaces of 10 by 70 feet per truck berth or docking space. |
(Ord. 4-21. Passed 1-4-21.)
1149.04 OFF-STREET PARKING AND FACILITY DESIGN.
(a) Location and Setbacks. Off-street parking lots shall meet the setback requirements, as follows for the respective zoning district or which may be specified, in Chapter 1143 for individual uses:
(1) Business districts. Parking shall not be located within the required front or street side yard in any B-1 district or within the first twenty (20) feet along any street in any B-2 district.
(2) Industrial districts. Parking shall be setback a minimum of twenty (20) feet from any right-of-way or private street easement line.
(3) Residential districts. Except for parking within a residential driveway serving a single or two-family dwelling, off-street parking lots shall not be located within any required yard. This shall not prohibit the authorized parking of recreational vehicles on a single-family lot, as provided by Section 1141.25.
(b) Parking Construction and Development. Construction shall be completed, inspected by the City Engineer, and approved by the Zoning Administrator before a certificate of completion is issued and the parking lot may be used.
(1) Pavement. All driveways, parking lots and vehicle and equipment storage areas shall be paved with asphalt or concrete and shall be graded and drained to dispose of surface water which might accumulate. Alternative paving materials, such as permeable/grass pavers, stone or asphalt millings, may be approved for all or a portion of the parking areas, based upon credible evidence of the durability and appearance of the proposed materials. For storage areas in Industrial Districts, a substitute for hard-surfaced pavement may be approved upon a determination that there are no adverse effects on adjoining properties. All parking structures, parking areas, and access drives shall be constructed in accordance with standards established by the city engineer.
(2) Drainage. Surface water from parking areas shall be managed in accordance with the City engineering standards. The City Engineer shall determine the appropriate detention or retention treatment.
(3) Curbing or Wheel Blocks. Whenever a parking lot extends to a property line, curbing, wheel blocks or other suitable devices shall be permanently installed at least five (5) feet inside the property line to prevent any part of a parked vehicle from extending beyond the property line.
(4) Lighting. Any parking area to be used at night shall be illuminated. Fixtures shall be direct cut-off to prevent light spill-over onto adjacent properties. Lighting levels throughout a parking area shall provide a minimum of two (2), but no more than five (5) foot candles of illumination at the surface of the parking area.
(5) Dimensions. Parking space and aisle dimensions shall meet the following requirements and as specified in Table 1149.04.
A. Angled parking between these ranges shall be to the nearest degree.
Table 1149.04, Dimensional Requirements (feet) | ||||||
Parking Pattern | Parking Space | Maneuvering Aisle Width | Total Width - Two Rows of Parking and Maneuvering Lane | |||
Width | Length | One-way | Two-way | One-way | Two-way | |
0 (parallel)
| 7
| 22
| 11
| 22
| 25
| 36
|
45
| 9
| 18
| 11
| 22
| 47
| 58
|
60
| 9
| 20
| 11
| 22
| 56
| 62
|
75 to 90
| 9
| 20
| 12
| 22
| 52
| 62 |
B. Space length may be reduced by up to two (2) feet if an unobstructed overhang, such as a landscaped area or sidewalk, is provided. A sidewalk shall have a minimum width of seven (7) feet where abutting a parking area. There shall be a minimum distance of seven (7) feet between the parking lot curb and building. Where curbing does not exist, bumper blocks shall be provided to protect pedestrian space adjacent to the building.
C. The width of driveways providing ingress and egress to parking areas from public streets shall not exceed thirty-four (34) feet at the sidewalk and forty (40) feet at the curb.
D. All parking lots shall be striped and maintained showing individual parking bays, in accordance with the following dimensions; provided, if alternative materials are used wheel stops shall be installed to define the spaces.
(6) Stacking Spaces. Each required waiting/stacking space for drive-through uses (such as banks, restaurants, car washes, pharmacies, dry cleaners and oil change establishments) shall be at least twenty-four (24) feet long and ten (10) feet wide. Stacking spaces shall not block required off-street parking spaces. Where the drive-through waiting lane provides for a single lane for five (5) or more vehicles an escape/by-pass lane shall be provided to allow vehicles to exit the waiting lane.
(7) Ingress and Egress. Adequate vehicular ingress and egress to the parking area shall be provided by means of clearly limited and defined drives. All parking lots shall provide interior access and circulation aisles for all parking spaces. The use of public streets for maneuvering into or out of off-street parking spaces shall be prohibited.
(8) Access Through Residential Districts. Ingress and egress to a parking lot in a non-residential zoning district shall not be through a residential district, except in instances where access is provided by means of an alley that forms the boundary between a residential and non-residential district or if specifically authorized by the city council after a public hearing.
(9) Curbing. A six (6) inch concrete curb or approved alternative shall be provided around all sides of any parking lot of ten (10) or more spaces to protect landscaped areas, sidewalks, buildings or adjacent property from vehicles that might otherwise extend beyond the edge of the parking lot. Curb openings are allowed for storm water drainage, as recommended by the city engineer. Plantings shall be set back two (2) feet from curbs to allow for bumper overhang.
(10) Landscaping. Off-street parking areas shall be landscaped and/or screened, in accordance with the requirements of Chapter 1147. The use of rain gardens and other low impact design solutions to minimize the impact of stormwater runoff is encouraged.
(11) Lighting. Light fixtures used to illuminate off-street parking areas shall be arranged to deflect the light away from adjoining properties and adjacent streets. Lighting fixtures in parking areas shall conform to the requirements of Section 1149.04(b)(4). Light fixtures shall be designed to achieve ninety (90) degree luminary cutoff.
(12) Fire Lanes. Fire lanes shall be designated on the site and posted with signage prior to occupancy. Vehicle circulation shall meet turning radius requirements set by the fire department.
(13) Crosswalks. Pedestrian pathways and crosswalks in parking areas shall be readably distinguishable from driving surfaces through the use of markings and/or alternate paving materials to enhance pedestrian safety and comfort.
(c) Barrier Free Parking in Parking Lots. Within each parking lot, signed and marked barrier free spaces shall be provided at a convenient location, in accordance with the applicable requirements of the Americans with Disabilities Act of 1990 (ADA). Barrier free spaces shall be located as close as possible to building entrances. Where a curb exists between a parking lot surface and a sidewalk entrance, an inclined approach or curb cut with a gradient of not more than a 1:12 slope and width of a minimum four (4) feet shall be provided for wheelchair access.
(d) Maintenance. All parking areas shall be maintained free of trash and debris. Surface, curbing, light fixtures and signage shall be maintained in good condition.
(e) Limitations on Use of Parking Lots.
(1) Off-street parking areas are intended only for temporary vehicle parking. Except when land is used as storage space in connection with the business of a repair or service garage, use of parking areas or open land is not permitted for the storage or parking of wrecked or junked cars, or for creating a junk yard or nuisance. In no event shall a vehicle be stored or parked on any lot for a period exceeding forty-five (45) days without significant work being performed on said vehicle. For good cause shown, the zoning inspector may authorize the vehicle to be parked and/or stored for an additional period of time.
(2) Loading spaces, as required in Section 1149.05, and parking spaces, required in Section 1149.03, shall be considered separate and distinct requirements and shall be provided as individual components on the site. In no case shall one component be construed as meeting the requirements of the other.
(3) Parking lots and loading areas shall not be used for the storage of trucks or trailers, except where such outdoor storage is specifically permitted in the zoning district as a truck livery and has been approved. Overnight parking or storage of commercial vehicles shall be prohibited, except for uses and locations approved for vehicle storage. This shall not be construed to prohibit the parking overnight of commercial fleet vehicles or the short-term parking of trailers in loading bays or staging areas related to commercial or industrial uses.
(4) Except as otherwise permitted, the parking or storage of tractor-trailer, agricultural tractors, trucks of more than one (1) ton capacity, semi-trailers, pole trailers, industrial units, or moving vans is hereby prohibited on private property in any residential or business district. The storage of such vehicles at commercial truck terminals, construction and demolition sites, designated loading docks, or for emergency repairs shall be permitted.
(5) It shall be unlawful to use a parking lot or open area to store or park any vehicle for the purpose of displaying vehicles for sale, except in an approved vehicle sales dealership.
(f) Single Family Residential Parking.
(1) In all residential districts, vehicles, trailers, boats, and similar recreational vehicles or equipment shall be parked only on a designated driveway that provides access to the garage or property from the public right-of-way or road easement. However, no trailer, boat, or similar recreational vehicle or equipment, or portion thereof, and no abandoned or dismantled vehicle, shall be located in such area for more than forty-eight (48) hours, except as allowed by section ORC §10.026.
(2) Parking areas shall not exceed thirty (30) feet in width or half the lot width, whichever is less, unless the width of the lot is 100 feet or greater. If so, the Building Official may authorize a greater driveway width if compatible with the character of the surroundings and is aesthetically pleasing.
(3) Off-street parking in other areas of the front yard, side street yard or rear yard may be permitted when in the opinion of the Board of Zoning Appeals no practical alternative exists, the purpose of the district would not be compromised, and no detrimental impact would result.
(Ord. 4-21. Passed 1-4-21.)
1149.05 OFF-STREET LOADING REQUIREMENT.
(a) Uses Requiring Loading Area. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, retails sales, consumer services or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the streets, alleys and parking spaces. This provision shall not apply to retail sales and consumer service uses of less than 10,000 square feet.
(b) Loading Area Requirements. Loading and unloading spaces shall be paved and, unless otherwise adequately provided for, for buildings of 20,000 square feet or less shall be a minimum of twelve (12) feet wide and thirty-five (35) feet long. Loading spaces for buildings of over 20,000 square feet shall be a minimum of fourteen (14) feet wide and fifty (50) feet long. All loading spaces shall have a vertical clearance of fourteen (14) feet, according to the following schedule:
Table 1149.05, Minimum Off-Street Loading Requirements | |
Building Net GFA | Minimum Truck Loading Spaces |
10,000 - 20,000 sq. ft.
| 1 space
|
20,001 - 40,000 sq. ft.
| 2 spaces
|
40,001 - 100,000 sq. ft.
| 3 spaces
|
100,001 - 160,000 sq. ft.
| 4 spaces
|
Over 160,000 sq. ft.
| 4 spaces, plus 1 space for each 80,000 sq. ft. in excess of 160,000 square feet (or fraction greater than 1/2) |
(c) Orientation of Overhead Doors. Overhead doors for truck loading areas shall not face a public right-of-way and shall be screened to not be visible from a public street or an adjacent residential district.
(d) Residential Setback. Loading and unloading spaces shall not be located closer than fifty (50) feet to any residential district boundary, unless the spaces are wholly within a completely enclosed building or completely screened from the residential district by an approved solid, sight-obscuring wall or fence at least six (6) feet in height.
(Ord. 4-21. Passed 1-4-21.)
1149.06 ACCESS MANAGEMENT.
Control over the number and location of access points, as specified in this section, along the city's major roadways is necessary to reduce congestion, improve safety, maintain acceptable flow and minimize confusion. Therefore, the standards of this section shall apply to all non-residential development having frontage on and direct access to any arterial or collector street within the City of Lorain.
(a) Driveway Location in General.
(1) All driveways serving commercial, office, institutional or industrial uses, hereafter referred to as "commercial driveways," shall comply with the requirements of this section.
(2) Driveways shall be located to minimize interference with the free movement of traffic, to provide adequate sight distance, and to provide the most favorable driveway grade.
(3) Driveways, including the radii, but not including right turn lanes, passing lanes and tapers, shall be located entirely within the right-of-way frontage of the property being served, unless otherwise approved by the city or the Ohio Department of Transportation (ODOT), as applicable, and upon written certification from the adjacent property owner agreeing to such encroachment.
(b) Driveway Spacing Standards.
Table 1149.06, Minimum Commercial Driveway Spacing From Another Driveway | |
Posted Speed Limit (MPH) | Minimum Driveway Spacing (in feet) |
25
| 125
|
30
| 125
|
35
| 150
|
40
| 185
|
45
| 230
|
50
| 275
|
55
| 350 |
(1) Minimum spacing between two commercial driveways or a commercial driveway and a street intersection, either adjacent or on the opposite side of the street, shall be determined based upon posted speed limits along the parcel frontage. The minimum spacing indicated in Table 1149.06 is measured from centerline to centerline for driveways and nearest pavement edge to nearest pavement edge from driveways to street intersections.
(2) To reduce left-turn conflicts, new commercial driveways shall be aligned with those across the street, where possible. If alignment is not possible, driveways shall be offset from those on the opposite side of the street the same distance as required in Table 1149.06. These standards may be reduced by the Planning Commission where there is insufficient frontage and shared access with an adjacent site is not feasible. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways.
(c) Modification of Requirements.
(1) Given the variation in existing physical conditions along the city's streets, modifications to the spacing and other requirements above may be permitted as part of the site plan review. The Planning Commission shall consider the criteria in subsection (c)(2) when determining if there is a need for modification, in the following circumstances, and the degree to which any modification is necessary.
A. The modification will allow an existing driveway to remain that does not meet the standards of this section but that has, or is expected to have very low traffic volumes (less than fifty (50) in- and out-bound trips per day) and is not expected to significantly impact safe traffic operations.
B. The use is expected to generate a relatively high number of trips and an additional driveway will improve overall traffic operations.
C. Practical difficulties exist on the site (sight distance limitations, existing development, topography, unique site configuration or shape) that make compliance unreasonable, or existing off-site driveways make it impractical to fully comply with the standards.
D. Because of restricted turning movements or presence of a median that restricts turning movements, the driveway does not contribute to congestion or an unsafe situation.
(2) The Planning Commission may waive or modify certain requirements of this section upon consideration of the following:
A. The proposed modification is consistent with the general intent of the standards of this section, the recommendations of the Lorain Comprehensive Plan, and, if applicable, published ODOT guidelines.
B. Driveway geometrics have been improved to the extent practical to reduce impacts on traffic flow.
C. Shared access has been provided, or the applicant has demonstrated it is not practical.
D. Such modification is the minimum necessary to provide reasonable access, will not impair public safety or prevent the logical development or redevelopment of adjacent sites and is not simply for convenience of the development.
(d) Commercial Driveways Permitted.
(1) The number of commercial driveways serving a property shall be the minimum number necessary to provide reasonable user access and access for emergency vehicles, while preserving traffic operations and safety along the public street.
(2) Access shall be provided for each separately owned parcel. Access may be via an individual driveway, shared driveway or service drive.
(3) More than one (1) driveway may be permitted for a property only as follows:
A. One (1) additional driveway may be allowed for properties with a continuous frontage greater than 300 feet, if the planning commission determines there are no other reasonable access alternatives;
B. The Planning Commission determines, based on a traffic impact analysis, that additional access is justified without compromising traffic operations along the public street; and
C. The minimum spacing requirements, specified in Table 1149.06 can be met.
(e) Commercial Driveway Design.
(1) All commercial driveways shall be designed according to the standards of the City of Lorain or ODOT, as applicable.
(2) For high traffic generators, or for commercial driveways along streets experiencing or expected to experience congestion, the Planning Commission may require individual right- and left-turn egress lanes.
(3) Where a boulevard entrance is proposed by the applicant or required by the planning commission, a fully curbed island shall separate the ingress and egress lanes. The radii forming the edges on this island shall be designed to accommodate the largest vehicle that will use the driveway. The minimum area of the island shall be 180 square feet. The Planning Commission may require landscaping, tolerant of street conditions, on the section outside the public right-of-way.
(4) The Planning Commission may require an applicant to provide a traffic impact analysis to be performed by a qualified transportation engineer where the scale of a proposed development, the anticipated peak hour traffic volumes, or the location of proposed access points in proximity to other driveways or street intersections may have a negative impact on the capacity of adjacent streets or contribute to unsafe conditions.
(Ord. 4-21. Passed 1-4-21.)
1151.01 PURPOSE.
(a) The regulations of this chapter are intended to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the residents of the City of Lorain; to maintain and improve the appearance of the community; to conserve community character; to prevent traffic hazards; to provide safe conditions for pedestrians; and to promote economic development by regulating the construction, alteration, repair, maintenance, size, location and number of signs. It is further determined that to allow signs of excessive number and size in the City would unduly distract pedestrians and motorists, create potentially dangerous traffic conditions and reduce the effectiveness of signs needed to direct the public.
(b) It is the intent of this chapter that signs are as much subject to control as noise, odors, debris and like characteristics of a use. In establishing the purpose and objectives of this chapter, the City has determined that without adequate regulation and design standards, signs could become a nuisance to the City and its citizens. If the appearance of the city is marred by the excessive number, oversized and poorly designed signs, both residential and business property values will be adversely affected.
(c) The general objectives of this chapter include:
(1) Requiring signs to be reviewed for approval prior to installation;
(2) Requiring signs to be properly constructed, installed and maintained;
(3) Controlling the size, location and design of signs so their appearance will be aesthetically harmonious with the surroundings and are appropriate to the zoning districts in which they are located;
(4) Encouraging readable signs;
(5) Reducing visual clutter;
(6) Eliminating any conflict that would be hazardous between private signs and public signs including traffic control signs and devices; and
(7) Ensuring that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment.
(Ord. 4-21. Passed 1-4-21.)
1151.02 GENERAL PROVISIONS.
(a) Definitions. All terms used in this chapter shall have the definitions provided in Chapter 1191.
(b) Applicability. No sign shall be permitted in any district except as provided in this chapter. The provisions of this chapter shall apply to all signs of every nature, whether portable, freestanding or attached, except as otherwise provided, either specifically or by necessary implications.
(c) Basic Standards.
(1) All permanent signs must be of a professional character, must be erected by a qualified sign erector, and must comply with the provisions of this chapter. Homemade lettered signs shall not be permitted, whether or not a permit is required, except for wire frame temporary signs.
(2) Signs may be externally or internally illuminated, except as otherwise specified.
(3) Signs shall not detract from the appearance of the general neighborhood in which located or adversely affect property values in the neighborhood.
(4) Signs shall not constitute a traffic hazard or contribute to traffic problems through confusion with traffic control devices, interference with the field of vision of motorists using streets or driveways in the area, or by creating a visual distraction for motorists.
(d) Setbacks. Except as otherwise specifically provided in this chapter, the following setback requirements shall apply to all signs:
(1) No part of a sign shall be located within fifteen (15) feet of a street right-of-way line, unless otherwise permitted; provided, signs attached to buildings which are located within fifteen (15) feet of a street right-of-way shall be exempt from this requirement.
(2) No part of any sign shall be located closer than one (1) foot from and adjoining lot line.
(3) No part of any sign shall be located closer than ten (10) feet from a residential zoning district.
(e) Clear Vision Triangle. Signs shall not be placed within a clear vision triangle, required by Section 1141.09.
(f) Signs in Public Right of Way. Signs shall not be placed in any public easement, right-of-way, utility easement, clear vision triangle, or no-build zone, except publicly owned signs, such as traffic control signs and City authorized directional signs.
(g) Official Public Signs Exempt. Public notices by governmental bodies, and other official signs and notices are exempt from the provisions of this section. The Zoning Administrator may authorize the erection of other signs reasonably necessary for the regulation of traffic and of parking areas on private property in nonresidential districts. Such signs shall relate only to traffic flow and safety. No such sign shall include advertising material nor shall it be larger than reasonably required for its purpose.
(h) Measurement. Signs shall not exceed the maximum sign area allowed for the district in which located. The sign area is to be expressed in square feet, computed to the nearest tenth of a square foot, and shall be calculated as follows:
(1) Area. The area of a sign shall be measured as the area within a single, continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of writing, representation, emblem, logo or any other figure of similar character, together with any other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the frame and the structure necessary to support the sign.
(2) Double-Faced sign. The area of a sign that has two (2) or more faces shall be measured by including the area of all sign faces, except if two (2) faces are placed back-to-back and are no more than three (3) feet apart at any point, the area of one face shall be counted toward the maximum size requirement. If the back-to-back faces are of unequal size, the larger of the sign faces shall be counted as the one (1) face.
(3) Wall Sign. For a sign consisting of individual letters and/or a graphic affixed directly onto a building without a border, the area of the sign shall be computed by measuring the area of the envelope required to enclose the lettering and graphic.
(4) Height. The height of a sign shall be measured as the vertical distance from the highest point of the sign to the finished grade of the ground or the average grade of the ground immediately beneath the sign, excluding any artificially constructed earthen berms.
(5) Multi-Tenant Buildings. For buildings with multiple tenants, the sign area for wall, projecting, canopy or awning signs shall be determined by taking that portion of the front wall of the building applicable to each tenant and computing the sign requirements for that portion of the total wall.
(i) Illumination and Movement. All illuminated signs shall meet the following requirements:
(1) Except as otherwise specifically permitted in this chapter, signs shall not contain any intermittent, moving, blinking, flashing, oscillating, scrolling, or fluttering lights or animated parts; nor shall any device be utilized which has a changing light intensity, brightness of color or give such illusion, except as specifically required for electronic changeable message signs.
(2) The light source for any externally illuminated sign shall not be directly visible from adjacent streets or property. Exposed neon-type tubing as part of any sign and/or on the building shall not be permitted except in the B-3, Downtown Business District. Backlight silhouetted halo letters shall be permitted, provided the light source is fully concealed.
(3) For all signs, the level of illumination emitted or reflected from a sign shall not be of intensity sufficient to constitute a demonstrable hazard to vehicular traffic or pedestrians on any right-of-way or parking lot from which the sign may be viewed. All illumination must be of reasonable intensity and shall not spill onto adjacent properties or rights-of-way. Signs adjacent to residential buildings and streets shall not be of such brightness to cause reasonable objection from adjacent residential districts or uses nor to spill light and glare onto adjacent residential properties and structures.
(4) Ground signs abutting a residential district or use shall be at least fifty (50) feet from the property line abutting the residential district or use.
(5) Signs illuminated by electricity or equipped in any way with electric devices or appliances shall conform, with respect to wiring and appliances, to provisions of the Building Code relating to electrical installations. All wiring, fittings and materials used in construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the applicable electrical code followed by the City of Lorain.
(j) Safety.
(1) All wiring, fittings, and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of the City electrical code and approved by the Zoning Administrator. All electrical signs shall contain an Underwriters Laboratories (UL) or a City approval label.
(2) All signs hung and erected shall be plainly marked with the name of the person, firm or corporation hanging or erecting the sign.
(3) Signs shall not closely resemble or approximate the shape, form and color of official traffic signs, signals and devices.
(4) No sign shall be so placed as to obstruct or interfere with a required doorway, other required means of ingress or egress, or traffic visibility.
(5) Signs shall be constructed to withstand a wind pressure as specified by the building code enforced by the City of Lorain and shall be otherwise fastened, suspended, or supported so not to be a menace to persons or property.
(6) No sign shall be attached to the standard of a ground sign, other than the display surface originally constructed as part of the sign. No sign shall be attached to or painted or otherwise displayed on a light standard, gasoline pump, fence, wall, post or other structure, or to any supporting device, except as specifically authorized in this chapter.
(Ord. 4-21. Passed 1-4-21.)
1151.03 SIGNS EXEMPT FROM PERMITS.
The following regulations are applicable to all signs exempt from permitting in all zoning districts.
(a) Exempt Actions. The following actions shall not be considered to be creating a sign and shall not be required to have a sign permit, unless otherwise specified.
(1) Maintenance. Painting, repainting, cleaning, or other normal maintenance and repair of a sign or sign structure unless a structural change is involved. The change of sign wording or a sign face is permitted; provided the sign frame and structure do not change.
(2) Re-lettering and Rewording Changeable Copy. The changing of advertising copy or message, either electronically or manually, on an approved or existing nonconforming sign, such as a theater marquee, manual or electronic changeable message signs and similar signs which are specifically designed for use of changeable copy.
(b) Exempt Signs. Those signs listed in Table 1151.03 are allowed in addition to the permanent signs specified in Table 1151.03. A sign permit shall not be required for the signs listed in Table 1151.03; provided, all other applicable requirements of this chapter are met.
Table 1151.03, Signs Exempt from Permitting | |
Type of Sign | Requirements |
Address Sign
| Numeral height no greater than six (6) inches for residences and 18 inches for businesses and other nonresidential uses.
|
Barber Pole
| The bottom of the barber pole shall be attached to the building wall and must be at least eight (8) feet from the ground or sidewalk, but the top must be lower than the height of the building. The barber pole must not extend more than 12" from the exterior face of the wall to which it is attached.
|
Business Identification Sign
| An identification sign on or near (above or beside) a public entrance or service entrance to a business in a commercial or industrial zone is permitted; provided, the sign states only the street address number and name of the business or building. It shall be mounted flush against the wall and shall not exceed three (3) sq. ft. in area.
|
Commercial Construction Sign
| A sign which identifies the architects, engineers, contractors or other individuals and firms involved with the commercial construction project on the premises and/or identifying the project under construction. One (1) sign, not exceeding 48 square feet shall be permitted. The sign shall be set back a minimum of 10 feet from any right-of-way line. The sign may be erected when a building permit is issued for construction and shall be removed within 30 days following issuance of a certificate of occupancy for the building or project to which the sign relates.
|
Damaged Signs (replacement)
| A sign, erected under a legally obtained permit, which is subsequently damaged or destroyed by wind, weather, or other accidental event beyond the control of the applicant may be replaced or restored to its original size, shape, and location (as prior to the accident) without obtaining an additional permit; provided, the cost of repair or restoration is less than 30 percent of the cost of replacing the sign. Replacement of a damaged or destroyed sign with a new sign or different size or location from the original sign shall require a permit.
|
Device Sign | Permanent signs on gas pumps, vending machines or ice containers indicating the contents of such devices; provided, the sign area of each device shall not exceed three (3) square feet in area and only one (1) sign is permitted per vending machine, gas pump or ice container. |
Table 1151.03, Signs Exempt from Permitting (Cont.) | |
Type of Sign | Requirements |
Directional Sign
| In order to facilitate traffic movement and minimize confusion, one (1) directional sign, not exceeding two (2) square feet in area and three (3) feet in height, is permitted at each driveway. The sign shall be set back from the right-of-way line and edge of the driveway at least five (5) feet. Only words such as "enter," "exit," "one way," "do not enter," and similar traffic directions may be displayed, along with a logo or trademark up to one-third of the sign area, but not including a name or commercial message.
|
Flag
| Flags or insignia of any nation, state, local government, community organization or educational institution or representing a public issue or political statement.
|
Historic Marker
| Historical markers, including plaques or signs describing a property's designation as a historical site or structure, not exceeding two (2) square feet in area; provided, an officially designated state or federal historical marker shall not be subject to a size limitation.
|
Incidental Sign
| Incidental signs, indicating acceptance of credit cards, location of restrooms, restrictions on smoking and restrictions on building entrances or describing business affiliations, not exceeding a total of two (2) square feet each. Up to two signs (2) per business may be displayed attached to a permitted sign, exterior wall, building entrance, or window.
|
Integral Sign
| Names of building, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.
|
Interior Sign
| Any sign which is located completely within an enclosed building, and is not visible from outside the building or which is primarily directed at persons within the premises where the sign is located.
|
Murals
| Murals not containing any words, logos, products or service representations, except for the artist's name may be permitted in any Business District, subject to approval of the design review board where applicable; provided, any mural that does contain words, logos, product or service representations shall be considered a wall sign and regulated as such.
|
Nameplate
| A nameplate which shall not exceed two (2) square feet in area is permitted for each dwelling unit of a single-family, two-family or multi-family dwelling; identifying only the name and/or address of the occupant and/or approved home occupation.
|
Parking Signs
| Signs for public access to parking shall be set back three (3) feet from the right-of-way and shall solely identify the availability of and access to a designated parking area. Signs shall be a maximum six (6) feet high and six (6) square feet in area. Such signs shall not obstruct the view of traffic entering or leaving the premises. |
Table 1151.03, Signs Exempt from Permitting (Cont.) | |
Type of Sign | Requirements |
Political Sign
| Rigid frame or wire frame yard signs not exceeding eight (8) square feet in area may be displayed within 60 days prior to any public vote and shall be removed within seven (7) days following the date of such vote. There shall be no limit to the number of such signs.
|
Private Traffic Direction Signs
| Signs directing interior traffic circulation within a premise shall be a maximum of three (3) feet high and six (6) square feet in area. Illumination shall be permitted in accordance with Section 1145.02(h)
|
Public Signs
| Signs of a noncommercial nature and in the public interest erected by or on the order of the City of Lorain or other county, state or federal authority.
|
Religious Symbols
| Religious symbols incorporated into the architecture on places of worship or structures owned and operated by religious organizations shall not be considered a sign unless accompanied by text.
|
Scoreboards
| Used in conjunction with a sports field owned by a governmental unit, school or bona fide sports organization, such as a little league or youth soccer. The scoreboard shall be single sided and have a maximum height of twenty (20) feet to the top of the scoreboard and a maximum area of 100 square feet. Any scoreboard exceeding these height or area dimensions shall require a permit and approval in accordance with the requirements of Sections 1145.07 and 1145.08.
|
Sign on Vehicle
| Signs on a bus, truck, trailer, or other vehicle while operated and used for transport in the normal course of business or activity, provided that the primary use of the vehicle shall not be for the purpose of identifying or advertising a business.
|
Temporary Window Sign
| The total area of all signs within one (1) foot of the window shall not obscure more than 25 percent of the window area.
|
Traffic Control Sign
| Traffic or other municipal signs, legal notices, danger signs and such temporary emergency or non-advertising signs, or private traffic control signs which conform to the requirements of the Manual of Uniform Traffic Control Devices and as may be approved by the Zoning Administrator.
|
Warning Sign
| Publicly authorized warning signs, such as no trespassing, warning of electrical currents or animals, provided the sign does not exceed two (2) square feet in area.
|
Yard Sign, Rigid Frame Temporary
| The signs shall not exceed a size of six (6) square feet in residential districts, nor eight (8) square feet in commercial and industrial districts or on nonresidential properties in a mixed use or residential district. The sign shall be setback a minimum of 10 feet from the street right-of-way line. No more than one (1) yard sign shall be displayed per street frontage, unless otherwise specifically permitted by this Ordinance. |
Table 1151.03, Signs Exempt from Permitting (Cont.) | |
Type of Sign | Requirements |
Yard Sign, Wire Frame Temporary
| The signs shall not exceed a size of four (4) square feet and shall not be placed in the right of way. No more than one (1) yard sign shall be displayed per street frontage, unless otherwise specifically permitted by this Ordinance. |
(Ord. 4-21. Passed 1-4-21.)
1151.04 PROHIBITED SIGNS.
The following signs are prohibited in the City of Lorain:
(a) Any sign not specifically permitted.
(b) Abandoned signs that identify an activity, business, use, product or service no longer conducted or available.
(c) Off-premise signs (except for billboards and electronic changeable message signs used for marketing and advertising purposes in B2, I1, and I2 districts).
(d) The use of trucks, cars, trailers, aircraft, boats or similar vehicles as signs is prohibited when the vehicle is parked on public or private property within fifty (50) feet of any property line abutting a public street, except for those:
(1) Lawfully parked overnight or during non-business hours in a place not visible from a public street or designated truck parking or loading area;
(2) Making deliveries, sales calls or other customary practices relating to doing business;
(3) Making trips to transport persons or property;
(4) Used in conjunction with active construction operations on the site; or
(5) Passenger vehicles, pick-up trucks and vans containing signs that do not exceed sixteen (16) square feet in area painted on or permanently affixed to the doors or integral body panels and such vehicles are of a size that can fully fit within a standard parking space.
(e) Roof signs (may be permitted when in the opinion of the Board of Zoning Appeals no practical alternative exists, the purpose of the district would not be compromised, and no detrimental impact would result).
(f) Search lights, "twirling signs", balloons, other gas or air-filled figures, pennants or streamers: provided, this shall not be construed to prohibit decorations related to the observance of traditional national, state or local holidays or special events of national, state or local significance.
(g) Signs that are held by or supported by a person along a public street.
(h) Portable signs, except as allowed under Section 1151.05.
(i) Miscellaneous signs and posters visible from a roadway that are tacked, pasted or otherwise affixed to the walls of buildings or structures or on trees, poles, posts, fences or other structures.
(j) Signs or any portion of a sign or sign structure which moves or assumes any motion or gives the illusion of movement, unless specifically permitted by this chapter.
(k) Signs bearing or containing statements, words or pictures of an obscene, pornographic, or immoral character.
(l) Signs painted on or attached to any fence or wall which is not structurally a part of a building.
(m) Signs that emit audible sound, odor or visible matter.
(Ord. 80-25. Passed 6-16-25.)
1151.05 TEMPORARY SIGNS.
The following signs shall be allowed at any location within the City of Lorain upon application for and issuance of a sign permit, unless otherwise specified.
Table 1151.05, Temporary Signs | |
Type of Sign | Requirements |
Promotional signs, banners and displays
| Within any business or mixed use district, in accordance with the following requirements:
a. A temporary sign permit shall be obtained from the Zoning Administrator;
b. The sign may be displayed for a maximum of thirty (30) days;
c. No more than two (2) temporary signs shall be permitted for any business, organization or property within a calendar year and at least thirty (30) consecutive days shall elapse between the end of one (1) permit period and the start of the second.
d. Materials of community interest may be erected within a street right-of-way or across a public street, causeway or walkway; provided, the Mayor approves the display and all materials are erected by a licensed, bonded and insured installer approved by the manager.
e. Materials shall be of a quality, size and installation as to not cause litter, hazard or obstruction.
f. All such signs, banners, displays and material shall remain the responsibility of the permit holder who shall be responsible for any damage, injury, or expense incurred by the City.
g. If damaged or deteriorated, the material shall be removed immediately. |
Table 1151.05, Temporary Signs (Cont.) | |
Type of Sign | Requirements |
Sandwich Board
| a. Within the B-3 Downtown Business District, each business may display one (1) sandwich board sign per street frontage.
b. The sign shall not exceed eight (8) square feet per side in area. In addition, the width of the sign may not exceed two (2) linear feet, with a maximum height of four (4) feet. Within these specified maximum dimensions, creative shapes that reflect the theme of the business being advertised are encouraged (i.e. ice cream shop may display a sign in the shape of an ice cream cone).
c. Sandwich board signs shall be displayed only during operational hours of the business being identified and shall not be lighted. These signs must be removed each day at the close of business.
d. The sign shall be placed on a sidewalk directly in front of the associated establishment and the nearest part of the sign structure shall not be separated by more than two (2) feet from the wall of the building. The sign must be placed so as not to interfere with or obstruct pedestrian or vehicular traffic; provided, a minimum of five (5) feet of passage must be maintained on the sidewalk between the street and the sign. Signs may not be anchored to the sidewalk, or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.
e. The sign must be constructed of materials that present a finished appearance. Rough cut plywood is not acceptable. The sign lettering should be professionally painted or applied; a "yard sale" or "graffiti" look with hand painted or paint-stenciled letters is not acceptable, however, chalkboard signs shall be permitted. |
Subdivision or Multi-Family Real Estate Development Sign
| Within any zoning district, one (1) temporary subdivision or multiple-family development sign may be permitted per street frontage, in accordance with the following requirements:
a. A temporary sign permit shall be obtained from the Zoning Administrator;
b. Maximum sign area shall not exceed thirty-two (32) square feet of area;
c. Minimum setback distance from any right-of-way and adjoining property line shall be ten (10) feet; and
d. The temporary sign permit shall expire twelve (12) months from the date it is issued or until the project is eighty-five percent (85%) occupied, whichever is greater. |
Non-exempt Yard Signs
| Any rigid frame yard sign exceeding the maximum area specified in Table 1151.03 for such sign shall be required to obtain a sign permit; provided, in any case, rigid frame yard signs shall not exceed a maximum area of twenty-four (24) sq. ft. and shall be set back from any property line at least twenty (20) feet. |
 |
(Ord. 4-21. Passed 1-4-21; Ord. 128-24. Passed 9-3-24.)
1151.06 PERMITTED SIGNS BY DISTRICT.
(a) Permitted Signs. The following signs are permitted in combination, unless noted otherwise, in each district, subject to the requirements described in Table 1151.06, issuance of a sign permit and all other applicable regulations.
(b) Number. For non-residential uses in any commercial, mixed use and industrial district, a maximum of two (2) types of signs listed in Table 1151.06 and three (3) total signs shall be permitted on any lot, regardless of the number of tenants, unless otherwise specified in Table 1151.06.
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(Ord. 4-21. Passed 1-4-21; Ord. 184-23. Passed 9-18-23; Ord. 80-25. Passed 6-16-25.)
1151.07 SIGN PERMITS.
No sign described in this chapter whether permanent or temporary, shall be erected, constructed, altered, relocated, repaired or replaced within the limits of the City by any person, firm or corporation until a permit has been issued by the City Electrical Department and approved by the Zoning Administrator and, if applicable, a written order from the Zoning Board of Appeals that a variance has been granted. All sign permits shall be valid for a period of six (6) months from the date of issuance, and shall be void if the approved sign is not erected within that time period. Written notice of the permit's expiration shall be provided to the property owner. This section shall not apply to those signs specifically exempted in Section 1151.03, unless such sign is illuminated internally or externally.
(Ord. 4-21. Passed 1-4-21.)
1151.08 APPLICATION PROCEDURE.
(a) Application Requirements. An application shall be submitted on a form for that purpose, along with a required application fee as established by the City Council. Only applications by licensed sign contractors shall be accepted. All sign applications shall include the following information:
(1) Location of building, structure or lot on which the sign is to be erected or attached.
(2) Detailed colored drawing to illustrate the dimensions, design, materials and structure of each sign.
(3) Site drawing to scale, showing the property boundaries, street right-of-way line, curb line, building location, access drives and location of all ground, directional, menu or other sign proposed to be located on the ground. The setback dimension from the right-of-way line and the curb line to the nearest edge of the sign shall be shown on the site plan.
(4) Photographs of the property or building upon which the sign is to be erected or attached.
(5) Building elevations, illustrating the position of wall, awning, projecting or other signs to be mounted on the building.
(6) Plans, specifications and method of construction for attachment to the building or in the ground.
(7) Name and address of the sign erector.
(8) Any electrical permit required and issued for such sign.
(9) Specifications for electronic changeable message signs, including brightness levels (day and night), automatic dimming mechanism, display colors and other relevant information.
(10) In the case of a billboard, the site plan shall also show the horizontal distance to the nearest existing billboard within 350 feet, horizontal distance to the nearest residential district property line within 350 feet and horizontal distance to the nearest park, playground or public or semi-public building. If any of the above does not exist within the stated distances, it shall be so noted on the plan.
(11) Other information that the Zoning Administrator may require to ensure full compliance with this and all other applicable laws of the city and State.
(b) Approval. The Zoning Administrator shall decide on an application within seven (7) days of submission. The Zoning Administrator shall approve the application and issue a sign permit if it is determined that the application fully complies with the requirements of this chapter.
(c) Fees. Fees to be paid in conjunction with the submission of a sign application may be changed as provided for in the Lorain Codified Ordinance, as may be amended from time to time. (Ord. 4-21. Passed 1-4-21.)
1151.09 INSPECTION AND MAINTENANCE.
(a) Inspection. The Zoning Administrator shall inspect each sign after it is erected to determine if the sign and its location are in conformance with the permit and the approved sign plan. The Zoning Administrator may also conduct inspections at such times as necessary for the purpose of ascertaining whether the sign remains in compliance with the provisions of this ordinance or is in need of repair or removal. A record of all such inspections shall be kept on file in the office of the Zoning Administrator.
(b) Removal of Signs. The Zoning Administrator may order the removal of any sign erected or maintained in violation of this chapter. Thirty (30) days' written notice to remove the sign or to bring it into compliance shall be given to the owner of a permanent sign or a notice of such violation placed on the building, structure, premises, or sign in violation. In the case of any temporary sign in violation, the Zoning Administrator may remove the sign immediately. The sign owner shall be notified in writing as to disposition of the sign. Any sign removed by the Zoning Administrator, pursuant to the provisions of this section, shall be held for redemption by the owner. To redeem, the owner shall pay all costs incurred by the City for removal. Should the sign not be redeemed within thirty (30) days of its removal, it may be disposed of in any manner deemed appropriate by the Zoning Administrator and the costs incurred for its removal shall be assessed to the owner on the property tax roll. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
(c) Maintenance. Signs which are no longer functional or are in disrepair for more than sixty (60) days, shall be removed, at the expense of the property owner, within thirty (30) days following notice of non-compliance. The property owner shall be notified by certified mail. Failure to comply will automatically revoke the permit after noncompliance has been determined by the Zoning Administrator and notice has been given to the property owner as reflected by the records of the Zoning Administrator. If the sign is not removed within thirty (30) days, the Zoning Administrator shall cause the sign to be removed and assess the cost of removal against the property.
(d) Obsolete Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within six (6) months of when the business or use which it identifies is no longer conducted on the premises. If the owner or lessee fails to remove it, the Zoning Administrator shall give the owner seven (7) days' written notice to remove it. If the owner fails to comply with this notice, the Zoning Administrator shall cause the sign to be removed at cost to the owner. Where a successor to a defunct business agrees to maintain the sign(s) as provided in this chapter, this removal requirement shall not apply. The new sign user shall notify the Zoning Administrator's office, in writing, of this change. No new sign permit shall be required unless the sign is altered or relocated contrary to the provisions of this chapter. The Zoning Administrator shall be notified in any matters relating to sign relocations.
(e) Unsafe Signs. Should any sign be or become insecure or in danger of falling or become otherwise unsafe, the owner or persons maintaining the sign shall, upon receipt of written notice from the Zoning Administrator, proceed immediately to put it in a safe and secure condition or remove it. If the owner or lessee fails to remove or to make the sign safe within seven (7) days after such notice, the Zoning Administrator shall cause the sign to be removed at the expense of the property owner. The Zoning Administrator may cause any sign which is in an immediate peril to persons or property to be removed summarily and without notice.
(f) Regular Maintenance. Every sign and all the supports, braces, guys and anchors thereof, shall be kept in repair and, unless made of non-corroding material, shall be thoroughly and properly painted regularly. The Zoning Administrator may order removal or compliance of any such signs that are not, in the judgement of the Zoning Administrator, maintained in accordance with the conditions of this section.
(g) Alterations. No sign shall hereafter be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter, and then not until a permit has been issued by the Zoning Administrator.
(Ord. 4-21. Passed 1-4-21.)
1151.10 ENFORCEMENT.
The Zoning Administrator shall monitor signs permitted under this chapter. Enforcement action may be taken where the requirements of this chapter are not met.
(a) If the owner, permit holder, or person maintaining the sign or premises fails to comply with such notice by the date of reinspection, or cannot be found, or his whereabouts cannot be ascertained with reasonable diligence, in addition to the penalties provided in Section 1173.99, the Zoning Administrator may cause the sign to be removed or altered to comply with the order at the expense of the permit holder, owner or person maintaining the premises. If the permit holder, owner or person maintaining the premises fails to pay the City for the expenses of removal or alteration, the full amount of costs shall be added to the property tax bill of the owner of the premises where the sign is located as a lien on the property.
(b) If a violation of a provision of this chapter is repeated within sixty (60) days of a previous violation of the same provision, the subject sign may be seized immediately and a charge assessed for removal without additional notification.
(c) Fees for removal shall be immediately due and payable to the City of Lorain. Notice of such assessment shall be given to the property owner mailing the notice to the address utilized for tax billing purposes and by posting a notice of assessment at the subject premises where the sign owner and property owner are the same. All assessments not paid within ten (10) days after such mailing and posting shall be placed on the property tax bill and collected as other taxes are collected or as a lien on the property.
(d) The City may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction and seek such additional orders from a court of competent jurisdiction as may be necessary from time to time in order to enforce the provisions of this chapter.
(Ord. 4-21. Passed 1-4-21; Ord. 37-25. Passed 4-7-25.)
1151.11 APPEALS.
All questions of interpretation and enforcement shall first be presented to the Zoning Administrator. Any appeal of the Zoning Administrator's decision shall be presented to the Zoning Board of Appeals in accordance with the provisions of Chapter 1175.
(Ord. 4-21. Passed 1-4-21.)
1151.12 NONCONFORMING SIGNS.
(a) Any lawfully existing sign that does not conform to the provisions of this chapter, either in existence prior to the date of adoption of this chapter or located in areas annexed thereafter, shall be deemed a nonconforming sign.
(b) A nonconforming sign shall not be relocated, reconstructed or replaced unless it is brought into compliance with the provisions of this chapter.
(c) A nonconforming sign shall not be enlarged or altered in a way which increases its nonconformity; provided, a sign or portion of a sign may be altered to decrease its nonconformity.
(d) A nonconforming sign shall only be maintained or repaired in the following manner:
(1) The size and structural shape shall not be changed or altered, except to remove entire elements thereby reducing the overall size.
(2) The copy may be changed (including changeable message signs and change of sign face.
(3) In the case where damage occurs to the sign, the owner or the owner's authorized representative shall, within fourteen (14) days of the damage, schedule a meeting with the Zoning Administrator for the purpose of establishing whether the sign was damaged to an extent of thirty percent (30%) or more of replacement value. Based on that determination, an application for a permit must be submitted within thirty (30) business days from the date of the pre-application meeting. Where the damage to the sign is less than thirty percent (30%) of its replacement value, the sign may be repaired to its original configuration within forty-five (45) days from the date the sign permit is issued. If the damage is greater than thirty percent (30%) of its replacement value, the sign shall be removed in its entirety within thirty (30) days from the date of damage and any subsequently erected sign must comply with the requirements of this chapter.
(Ord. 4-21. Passed 1-4-21.)
1153.01 PURPOSE.
(a) It is recognized that there exist within zoning districts certain lots, buildings, structures and uses which were lawful before this Ordinance was passed or amended, but are now prohibited, regulated or restricted under the terms of this Ordinance. It is the intent to permit these legal nonconformities to continue until they are removed, but not to encourage their survival.
(b) Nonconforming lots, buildings, structures and uses are declared by this Ordinance to be incompatible with the provisions of the districts in which they are located. It is the intent of this Ordinance that these nonconformities shall not be enlarged upon, expanded, or extended, except as otherwise permitted in this chapter, nor be used as grounds for adding other buildings, structures or uses otherwise prohibited in the district.
(c) Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently conducted.
(d) Nothing in this Ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of zoning regulation in effect at the time of the adoption of this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
1153.02 NONCONFORMING LOTS OF RECORD.
(a) Where a lot of record in existence at the time of adoption or amendment of this Ordinance does not meet the minimum requirements for lot width or lot area, the lot of record may be used for any permitted use in the district in which the lot is located; provided, any building or structure constructed on the lot complies with all other requirements for the zoning district. The nonconforming lot may also be used for conditional uses, if it meets all applicable requirements of this Ordinance for those uses.
(b) If two (2) or more vacant lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this Ordinance, or an amendment thereto, with continuous frontage and under single ownership for any period of time on or after January 1, 1986 do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of that parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this Ordinance.
(Ord. 4-21. Passed 1-4-21.)
1153.03 NONCONFORMING USES.
(a) A nonconforming use shall not 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 Ordinance. The extension of a lawful nonconforming use throughout all portions of a building or structure existing at the effective date of this Ordinance shall not be considered an extension of the nonconforming use.
(b) No part of any nonconforming use shall be moved unless that movement eliminates or reduces the nonconformity.
(c) If a nonconforming use is abandoned for any reason for a period of more than twelve (12) months, any subsequent use shall conform to the requirements of this Ordinance. A nonconforming use shall be determined to be abandoned if one (1) or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
(1) Utilities, such as water, gas and electricity to the property, have been disconnected;
(2) The property, buildings, and grounds, have fallen into disrepair;
(3) Signs or other indications of the existence of the nonconforming use have been removed;
(4) Equipment or fixtures necessary for the operation of the nonconforming use have been removed;
(5) Other actions which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.
(d) A nonconforming use may be changed to another nonconforming use provided all the following determinations are made by the Zoning Administrator:
(1) The proposed use shall be as, or more, compatible with the surrounding neighborhood than the previous nonconforming use, considering factors such as hours of operation, traffic, noise, number of employees or visitors and similar external impacts.
(2) The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than the previous nonconforming use.
(3) That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this Ordinance.
(e) A nonconforming use which is changed to a conforming use or to another nonconforming use of a more restrictive nature shall not be permitted to revert to the original or less restrictive use.
(f) Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses and similar open uses, where the only buildings on the property are ancillary to the open use and where the use is nonconforming, shall be subject to the following restrictions, in addition to all other applicable provisions of this chapter.
(1) When a nonconforming open use of land has been changed to a conforming use, it shall not be used again for any other nonconforming use.
(2) Nonconforming open uses of land shall only be converted to a conforming use.
(3) A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.
(g) When any nonconforming open use of land is discontinued for a period of more than six (6) months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(Ord. 4-21. Passed 1-4-21.)
1153.04 NONCONFORMING BUILDINGS AND STRUCTURES.
(a) Where a lawful building or structure exists at the effective date of this Ordinance, or an amendment thereto, that does not comply with the requirements of this Ordinance because of restrictions such as lot area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:
(1) No nonconforming building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by fifty percent (50%) or less of the distance required by this Ordinance. Only in these cases may the nonconforming setback be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.
(2) In the event that a nonconforming building or structure is destroyed to an extent of more than fifty percent (50%) of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance; provided that the Board of Zoning Appeals may, upon application, permit the reconstruction of the nonconforming building or structure if all of the following conditions are met:
A. The prior nonconforming condition(s) shall not be increased.
B. All building materials and architectural details shall conform to the applicable requirements of this Ordinance.
C. The new building or structure shall be placed on the original foundation, unless the building or structure could be located in a way that reduces the extent of its nonconformity on the lot.
D. The application to reconstruct the nonconforming building or structure shall be filed with the Zoning Administrator within six (6) months of the event in which the building or structure was damaged or destroyed.
E. The reconstruction of the building or structure shall not be detrimental to adjacent property and the surrounding neighborhood.
(3) If a nonconforming building or structure is moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this Ordinance.
(b) None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would prevent strengthening or correcting any unsafe condition of the building or structure.
(Ord. 4-21. Passed 1-4-21.)
1153.05 EXCEPTIONS.
(a) Uncompleted Structures. If a permitted construction project remains dormant for more than twelve (12) months, the building permit and all other permits shall become null and void. The owner of such uncompleted structure may maintain the structure in its existing condition for up to twelve (12) months while awaiting new permits. If the applicant does not receive the necessary permits within the twelve (12) month period, the uncompleted structure shall be removed. The council, may grant one (1) extension of up to twelve (12) additional months where it is found that circumstances beyond the owner's control such as extreme weather conditions, availability of materials or labor shortages have caused delays.
(b) Errors and Violations. The issuance or granting of a permit or approval of plans or specifications shall not be considered as approval for any violation of any provision in this Ordinance. No permit presuming to give the authority to violate or cancel any provision of this Ordinance shall be valid.
(c) Illegal Nonconformity. Any lot, use, building or structure established in violation of the provisions of this Ordinance or any prior ordinance or amendment shall not be considered a legal nonconformity and shall not be entitled to the provisions, remedies and safeguards of this chapter. (Ord. 4-21. Passed 1-4-21.)