North Olmsted City Zoning Code
TITLE THREE
Zoning Administration
1113.01 TITLE.
This Zoning Ordinance shall be known and may be cited as the "Zoning Code", and when the words "Zoning Code" or "this Code" are used hereafter the same shall be deemed to mean the provisions of Ordinance 90-125, passed May 21, 1991 as amended.
(Ord. 90-125. Passed 5-21-91.)
1113.02 PURPOSE.
The purpose of the Zoning Code shall be to provide by the provisions hereinafter made for the orderly development of the land within the City and to provide in that manner for the public peace, health, safety, convenience, comfort, prosperity and general welfare of its residents and of the City.
(Ord. 90-125. Passed 5-21-91.)
1113.03 SCOPE.
The provisions of the Zoning Code, as may be from time to time amended or supplemented, shall apply to the use of land within the City by the creation of districts defining or limiting the use of land or structures within such districts and by the establishment of regulations for the location of structures, their height, bulk, percentage of lot occupancy and the area of open spaces around any structure.
(Ord. 90-125. Passed 5-21-91.)
1113.04 SUPPLEMENT TO OTHER LAWS AND ORDINANCES.
The provisions of the Zoning Code shall supplement any and all laws of the State, ordinances of this City or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of this Code.
(Ord. 90-125. Passed 5-21-91.)
1113.05 INTERPRETATION UPON CONFLICT.
In interpreting and applying the provisions of the Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public peace, health, safety and general welfare. Except as specifically provided herein, it is not intended by this Code to repeal, abrogate or annul any existing provisions of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the construction and use of structures and land; nor is it intended by this Code to interfere with, abrogate or annul any private easement, covenant, agreement or restriction; provided where this Code imposes greater restrictions upon size or location of buildings or use of the premises or requires larger or smaller lots, yards or other open spaces, than are otherwise required or imposed, the provisions of this Code shall control. In other cases of conflict between the provisions of this Code and any law, ordinance, rule, regulation, easement, covenant, agreement or restriction the more restrictive shall govern.
(Ord. 90-125. Passed 5-21-91.)
1113.06 SEVERABILITY.
Each section of the Zoning Code and each part of such section are declared to be independent sections and parts of sections, and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of such sections, or the application thereof to any person or circumstance, is held invalid for any reason, the remaining sections or parts of sections and the application of such provision to any person or circumstances other than as to those to which it is held invalid, shall not be affected thereby, and it is hereby declared that the Code would have been passed independently of section, sections or parts of a section held to be invalid.
(Ord. 90-125. Passed 5-21-91.)
1115.01 CONSTRUCTION OF LANGUAGE.
A. The words, terms and phrases used in this ordinance shall have the meaning assigned to them in this chapter, except where the context clearly indicates a different meaning.
B. The following rules shall apply for construing or interpreting the terms and provisions of this ordinance:
1. Meanings and Intent. All provisions, terms, phrases and expressions contained in this ordinance shall be construed according to the purpose statements set forth throughout this ordinance. When a specific section of this ordinance gives a different meaning than the general definition provided in this chapter, the specific section's meaning and application of the term shall control.
2. Headings, Illustrations and Text. In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table or map, the text shall control.
3. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
4. Computation of Time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the City. References to days are calendar days unless otherwise stated.
5. References to Other Regulations/Publications. Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation or document, unless otherwise specifically stated.
6. Delegation of Authority. Any act authorized by this ordinance to be carried out by the Planning and Development Director may be carried out by a designee of the Planning and Development Director.
7. Technical and Non-Technical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
8. Public Officials and Agencies. All public officials, bodies and agencies to which references are made are those of the City of North Olmsted, unless otherwise indicated.
9. Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
10. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
a. "And" indicates that all connected items, conditions, provisions or events apply; and
b. "Or" indicates that one (1) or more of the connected items, conditions, provisions or events apply.
11. Tenses, Plurals and Gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(Ord. 2020-78. Passed 11-17-20.)
1115.02 DEFINITIONS A-B.
ACCESSORY BUILDING means a detached subordinate structure or building, the use of which is incidental to, and customarily associated with, the principal structure and located on the same lot as the principal structure.
ACRE means a unit of land area equal to 43,560 square feet or 160 square rods. There are 640 acres to a square mile. The acre's metric equivalent is 0.405 hectares (4,047 square meters).
ADDITION means a new structure on a site with an existing structure, or a new component to an existing structure, which causes an extension or increase in floor area or height of a building or structure.
AESTHETICS means a design term that describes the visual quality of buildings and spaces.
ALTERATION means changes made to a building or structure, including the construction of additions. Normal maintenance and repairs are not considered to be alterations.
ANIMAL BOARDING FACILITY, INDOOR means any facility where domestic animals owned by another person are temporarily boarded for a fee and whose activities are conducted completely indoors.
ANIMAL, DOMESTIC means an animal commonly domesticated as a companion or pet and kept in a home or yard. Examples include dogs, cats, birds, fish, rabbits, small rodents and similar animals, and are not used for commercial purposes. Household or domesticated animals do not present an unusual risk to a person or property and are not considered farm, wild or exotic animals.
ANIMALS, EXOTIC means any animal that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad and is as defined by 9 CFR 1.1.
ANIMAL HOSPITAL/CLINICS means any facility used for the medical treatment of animals where animals may be boarded only during their convalescence from such medical treatment and where all operations are conducted completely indoors.
ANIMAL GROOMING FACILITY means any facility providing bathing or trimming of domestic animals for a fee where all operations are conducted completely indoors. This term includes facilities that board domestic animals for a maximum period of 48 hours incidental to the grooming services provided.
ANIMAL TRAINING FACILITY means any facility providing training of domestic animals for a fee, where all operations are conducted completely indoors. This term includes facilities that board domestic animals for a maximum period of 48 hours incidental to the training services provided. (Ord. 2020-78. Passed 11-17-20.)
APARTMENT means a multi-family dwelling comprised of three (3) or more dwelling units, arranged side by side and/or one above the other, and each having a separate entrance or entrances connected to a common inside outside entrance or entrances. Additionally, "Apartment" as used herein includes a "Townhouse" use. "Townhouse" as used herein means a multi-family dwelling comprised of three (3) or more dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances on the ground floor, with no common lobby, foyer or similar hallway serving more than one dwelling.
(Ord. 2022-71. Passed 9-20-22.)
APPEAL means a request for review of an administrative official's or decision-making body's interpretation or decision made under this ordinance.
APPLICANT means a person, firm or governmental agency who executes the necessary forms to obtain approval or a permit for a land disturbing activity.
ART, DANCE, OR PHOTOGRAPHY STUDIO OR GALLERY means a work space for artists or artisans including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, dance, vocal or instrumental music, painting, sculpture and writing.
AVERAGE FOOT CANDLE means the level of light measured at an average point of illumination between the brightest and darkest areas. The measurement can be made at the ground surface or at three (3) to four (4) feet above the ground.
AUTO WASH means a building and land used for cleaning of passenger vehicles.
BAR means an establishment having as its principal use the serving of beer, wine or liquor for consumption on the premises. Sandwiches, light meals, snacks and/or full service meals are available for consumption on the premises but are not the principal use of the establishment.
BASEMENT means a portion of a building having more than one-half (1/2) its height below grade. |  |
BED AND BREAKFAST INN means an owner-occupied dwelling in which overnight accommodations and a morning meal are provided to transients for compensation.
BERM means an earthen mound formed to shield undesirable views, decrease noise or add topographical interest.
BOARD means the Building and Zoning Board of Appeals (BZBA).
BREWERY means a facility operated as a manufacturing brewery or brewpub duly licensed by the Ohio Division of Liquor Control.
BUFFER means open spaces, landscaped areas, fences, walls, berms, or any combination used to physically separate or screen one use or property from another.
BUILD includes establish, construct, erect, assemble, arrange, reconstruct, enlarge and alter.
BUILD-TO LINE means a specified setback line at which the front of a building shall be located.
BUILD-TO ZONE means the prescribed area within which the front building façade must be placed.
BUILDABLE AREA means the land area of a given lot that is potentially available for construction after all zoning and other municipal requirements have been fulfilled. Buildable area would exclude required yards and areas on which construction may be prohibited, such as floodplains.
BUILDING means any structure having a roof supported by columns or walls and which is designed for shelter, storage or enclosure of persons, animals or property of any kind.
BUILDING, ACCESSORY means a detached building whose purpose is related to, but subordinate to, that of the principal building on the same parcel of land. Examples include detached garages, tool sheds and barns.
BUILDING CODE means the ordinance(s) adopted by the City that prescribes minimum standards for the construction of buildings within its boundaries.
BUILDING COMMISSIONER means the official, or his authorized representative, charged with the administration and enforcement of the building and zoning codes and other ordinances, laws, rules and regulations relating to the use, erection, construction, alteration and repair of any buildings, structures and equipment therefor or the use of the land within the City of North Olmsted.
BUILDING HEIGHT means the vertical distance of a building measured from the average elevation of the finished grade at the front of the building to the highest point of a flat roof; to the average height between the eaves and ridge line for a gable, hip or gambrel roof; or to the deck line of mansard roofs.
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BUILDING LINE means a line, established by Zoning Code requirements, that delineates the boundary at grade beyond which no building or structure may extend.
BUILDING, MAIN OR PRINCIPAL means the building occupied by the main use or activity on or intended for the premises, all parts of which building are connected in substantial manner by common walls and continuous roof.
BUILDING PERMIT means a permit that the City issues before such activities as construction, substantial rehabilitation or alteration can legally take place.
BUILDING UNIT means in any building subdivided into separate units or spaces, any interior space occupying any portion of the ground floor of any building having its own exterior entrance and separated from other such spaces by a party wall or walls.
BULB means the source of electric light, to be distinguished from the whole assembly (see "luminaire").
BUSINESS OR TRADE SCHOOL means a specialized instructional establishment that provides on-site training of business, commercial or trade skills, such as accounting, data processing and computer repair or for teaching professional skills such as instrumental music, dancing, barbering, hairdressing or industrial skills.
BYLAWS means a set of rules that provide for the organization and ongoing operations of a legal body or entity, such as a homeowner's association.
(Ord. 2020-78. Passed 11-17-20.)
1115.03 DEFINITIONS C - D.
CANOPY means a structure made of cloth, metal, or other material which may be totally or partially attached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure and may or may not be raised or retracted.
CHANNEL LETTERING means a sign that consists of custom-made metal or plastic that are covered in a translucent plastic material, often internally illuminated.
CHECK CASHING ESTABLISHMENT means a use other than a bank or financial institution that cashes checks, drafts and money orders for a fee, service charge or other consideration regulated pursuant to the provisions of Chapter 1301:8 of the Ohio Administrative Code.
CITY means the City of North Olmsted.
CIVIC CLUBS AND LODGES means membership organizations that hold regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol or engage professional entertainment for the enjoyment of dues paying members and their guests.
CLERK means the duly acting Clerk of Council of the City of North Olmsted.
CLUSTER DEVELOPMENT means a form of residential subdivision that permits housing units to be grouped on sites or lots with dimensions, frontages and setbacks reduced from conventional sizes, provided the density of the tract as a whole shall not exceed the density allowed by the district under existing regulations and the remaining land area is devoted to common open space.
COLLOCATION means the use of a Wireless Telecommunication Facility by more than one (1) wireless telecommunication provider.
COMMERCIAL PROPERTY means any real property in the City that is zoned for other than exclusive residential or industrial use.
COMMERCIAL VEHICLE means any propelled or non-propelled vehicle, trailer or semi-trailer designed or used to carry freight, passengers for a fee or merchandise in the furtherance of any commercial enterprise.
COMMISSION means the City's Planning and Design Commission.
COMMON OPEN SPACE means any portion of a development that is not part of a lot or tract and is designed for the common usage of residents, visitors, guests or the general public. May include complementary structures and improvements.
COMMUNICATION TOWER, FREESTANDING means a structure erected on the ground and used primarily for the support of broadcast and/or receiving equipment and utilized by commercial, governmental or other public or quasi-public users. A communication tower does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission.
COMMUNICATION TOWER, ROOF-MOUNTED means a structure placed on a building used primarily for the support of broadcast and/or receiving equipment and utilized by commercial, governmental or other public or quasi-public users. A communication tower does not include private home use of satellite dishes and television antennas or amateur radio operators as licensed by the Federal Communications Commission.
COMMUNITY CENTER means a building to be used as a place of meeting, recreation or social activity and is not operated for profit and in that neither alcoholic beverages nor meals are normally dispensed or consumed.
CONDOMINIUM means a type of development in which the dwellings, offices, floor area, etc. are owned individually and the structure, common area and joint facilities are owned by all of the individual owners on a proportional and undivided basis as defined in ORC 5311.01.
CONSTRUCTION means any preparation, building or erection of a structure.
COUNCIL means the legislative body of the City of North Olmsted.
COUNTY means the County of Cuyahoga, Ohio.
CUL-DE-SAC means a street having one (1) end open to traffic and being terminated by a permanent vehicular turnaround.
DAY CARE CENTER means a facility, other than a private home, providing care for preschool children, school-aged children during before or after school hours or adults who do not reside in the facility, are present primarily during daytime hours, do not regularly stay overnight and that may include some instruction.
DEDICATION means the transfer of land or an interest in land (for example, a right of way or utility easement) by its owner to public ownership, to be used for a public purpose.
DEED means a written instrument by which the owner of real estate (grantor) conveys their land, or an interest in their land, to another (grantee).
DEMOLITION means the razing of any structure, in whole or in part, including its ruin by neglect of maintenance or repairs.
DENSITY means a ratio of population, residential units or floor area of development to a unit of land area.
DETENTION STRUCTURE means a permanent storm water management structure whose primary purpose is to store storm water runoff temporarily and release the stored runoff at controlled rates.
DEVELOPER means any person acting in his own behalf, or as an owner, or as an agent for an owner of property, and (1) who makes application for plan approval and a permit under the provisions of this ordinance or (2) a person undertaking or for whose benefit, activities covered by these regulations are commenced and/or carried out.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including but not limited to: subdivision of land; construction or alteration of structures, roads, utilities and other facilities; installation of septic systems; mining, dredging, grading, paving, excavation or drilling operations; deposit of refuse, debris or fill materials; and clearing of natural vegetative cover.
DIAMETER AT BREAST HEIGHT (DBH) means the diameter of a tree measured at 4.5 feet above the base of the tree. Multi-stem trees are considered one (1) individual tree and each stem must be measured 4.5 feet above the base of the stem and added together to determine the diameter of the multi-stem tree.
DIRECT ILLUMINATION means the center of a beam or main beam angle of a lighting fixture.
DISTRICT means one (1) of any number of continuous and contiguous geographic areas within which the provisions and regulations of this ordinance apply uniformly to each class or kind of structure or land.
DRAINAGE means a general term applied to the removal of surface or subsurface water from a given area either by gravity, natural means, or by systems constructed to remove water and is commonly applied to surface water.
DRIVE-THROUGH FACILITIES means any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-through" shall also include "drive-up" and "drive-in" facilities.
DWELLING means a building designed and occupied exclusively for residential purposes. An attached garage shall be considered a part of the dwelling.
DWELLING UNIT means a building or portion of a building designed for use and occupancy by one (1) family having permanent provisions for living, sleeping, eating, cooking and sanitation. A recreational vehicle, vehicle chassis, tent or other transient residential use is not considered a dwelling.
DWELLING, MULTIPLE-FAMILY means a building or portion of a building designed for residential use and containing three (3) or more attached dwelling units with various arrangements of entrances and party walls, comprising a unified building design. This term shall not include hotels and motels.
DWELLING, SINGLE-FAMILY ATTACHED means a building consisting of separate dwelling units sharing common or party walls with at least one (1) other dwelling unit with each unit having at least two (2) separate entrances.
DWELLING, SINGLE-FAMILY DETACHED means a freestanding dwelling unit designed for and occupied exclusively by one (1) family and having at least two (2) separate entrances.
DWELLING, TWO-FAMILY means a building consisting of two (2) dwelling units which may be either attached side by side or one above the other, separated from each other by tenant walls, floors and/or ceilings of concrete, masonry or the equivalent, and each unit having either a separate or combined entrance(s).
(Ord. 2020-78. Passed 11-17-20.)
1115.04 DEFINITIONS E - F.
EASEMENT means a grant or reservation made by the owner of a strip or parcel of land for specific purpose to the general public, specific people, or a corporation. The property owner retains ownership and grants perpetual use of a defined portion for a specific purpose.
ELDERLY HOUSING means a residential structure designed specifically to provide for the special housing needs of elderly persons, including any and all special safety and convenience features as required in buildings qualifying for governmental housing assistance for the elderly.
ELECTRONIC MESSAGE CENTER means a sign designed so that the characters, letters, or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g. electronic or digital signs).
ELEVATION shall mean one of the following:
a. A scale drawing of the view of one side of a building or structure that indicates location and dimensions of doors and windows, floor-to-floor heights and the final grade level of the ground adjacent to the building in relation to the floor level. Elevations generally show the types of wall finishes, such as wood, stone or brick, as well as architectural details of doors, windows and exterior stairs.
b. The altitude of the ground or a place above sea level.
ENGINEER means the City Engineer of the City of North Olmsted.
EMPLOYEES means the maximum number of employees on the two (2) largest successive shifts.
ERECT shall mean to build, construct, alter, relocate, modify, attach, hang, place, suspend or affix, and shall also include the painting of signs.
EROSION means the wearing away of land surface by the action of wind, water, gravity, ice or any combination of those forces.
EROSION AND SEDIMENT CONTROL means the control of solid material, both mineral and organic, during a land disturbing activity to prevent its transport out of the disturbed area by air, water, gravity or ice.
ESSENTIAL SERVICES means the erection, construction, alteration or maintenance by a public utility or municipal department of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water, transmission, distribution collection, supply or disposal systems. This includes related poles, wires, pipes, conduit, cables, public safety alarm and communication equipment, traffic signals, hydrants and similar accessories that are necessary to furnish adequate service, addressing general public health, safety, convenience or welfare. Wireless telecommunication towers (unless located on public property and used as part of a municipal emergency communications network), wind energy conversion systems, office buildings, substations or structures that are enclosures or shelters for service equipment, or maintenance depots are not considered essential services.
EXTERIOR LIGHTING means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside are considered exterior lighting for the intent of this ordinance.
FAÇADE, PRIMARY means, for the purpose of sign regulations, a façade that faces directly onto a public street or that contains the majority of customer entrances, if the façade does not face a public street. A building may have only one primary façade.
FAÇADE, SECONDARY means, for the purpose of the sign regulations, a façade other than the primary façade that faces directly onto a public street. A building may have only one secondary façade.
FALL ZONE means the area on the ground within a prescribed radius from the base of a WECS. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) and, in the case of towers, shall not be less than a radius equal in distance to the total height of the WECS.
FAMILY means one (1) or more persons, living together as a single housekeeping unit and occupying a single dwelling unit, whether or not related to each other by birth or marriage.
FILL means a deposit of soil, rock or other material placed by humans.
FLOOD LIGHT means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
FLOOR AREA means the total area of all the floors as measured from the exterior faces of the building, except that an area used for storage of merchandise or housing of mechanical equipment may be excluded if approved by the Building Commissioner, or only the floor area occupied by the specific use if so set forth in the schedule in Section 1161.03.
FLOOR AREA, GROSS means the sum of the area of all of a building's floors existing within its exterior walls.
FLOOR AREA, LIVEABLE means the total area of all floors within a dwelling unit whose height is more than half above the finished grade, having a minimum floor-to-ceiling height of seven and one-half (7½) feet, located on a permanent foundation, wired for electrical service and fully enclosed for year-round use. This term shall not include garages.
FLOOR AREA, MINIMUM means the required minimum number of square feet of floor area of a dwelling unit or structure.
FLOOR AREA, NET means the total floor area of a structure minus the square footage devoted to elevator shafts, stairwells, interior space used for parking or loading, equipment and utility rooms and basement areas.
FLOOR AREA, USEABLE means the actual occupied area not including unoccupied accessory areas such as corridors, stairways, bathrooms, storage rooms, mechanical/utility rooms and closets. |  |
FOOTPRINT means the area of land surface on the site that will be covered by the planned building. It shall equal the outside dimensions of the structures depicted on the plans used by the builder or contractor.
FRONTAGE means the distance between the side lot lines measured at the street right-of-way.
FRONTAGE, BUILDING means the linear dimension of the width of the widest portion of the building face including all appurtenant overhangs or other structures, either:
a. Closest to parallel to the principal street or
b. Containing the primary building entrance, of any building on any lot.
FULL CUTOFF FIXTURE means an outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture.
(Ord. 2020-78. Passed 11-17-20.)
1115.05 DEFINITIONS G - H.
GAME ROOM OR AMUSEMENT ARCADE means a place of business wherein a building or any part of a building has more than two (2) mechanical amusement devices which are used for the purpose of public entertainment through the operation, use or play of any amusement device which is operated by placing therein any coin, plate, disc, plug, key or token of value, or by the payment of a fee.
GARAGE, PRIVATE means an enclosed building with doors, accessory to a one-family, two-family or multi-family dwelling, used exclusively for the parking or temporary storage of passenger vehicles.
GARAGE, REPAIR means a main building designed and used for repairing motor vehicles. "Repair Garage" means a service garage, if accessory to an automobile salesroom.
GARAGE, STORAGE means a main enclosed building with doors, other than a private garage, used for the parking or temporary storage of passenger vehicles and in which no service shall be provided.
GLARE means stray, unshielded light striking the eye that may be viewed by the average person as resulting in:
a. Nuisance or annoyance glare such as light shining into a window;
b. Discomfort glare such as bright light causing squinting of the eyes;
c. Disabling glare such as bright light reducing the ability of the eyes to see into shadows; or
d. Reduction of visual performance.
"Glare" also includes light emitting from a luminaire with an intensity great enough to reduce the average viewer's ability to see, or, in extreme cases, causing momentary blindness.
GRADE, NATURAL means the ground elevation of the undisturbed natural surface of the ground prior to manmade alterations, such as grading, filling or excavating.
GRADE, FINISHED means the elevation of the finished surface of the ground adjoining the building after filling, final grading or excavating and settlement.
GRADING means altering surfaces to specified elevations, dimensions, and/or slopes; including excavating, stripping, cutting, filling, stockpiling and shaping or any combination.
GROUND COVER means any vegetative growth including trees, stone, gravel or other materials which render the soil surface stable against erosion.
GROUP HOME means a residential facility designed to accommodate a group of individuals, due to age or disability, living as a family unit in a non-institutional, neighborhood setting.
HEALTH AND FITNESS CLUBS means a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual recreational activities.
HIGHWAY means a street or traffic way serving and designated as an Ohio or United States route.
HOME OCCUPATION means a gainful occupation enumerated in this Code conducted by members of a resident family wholly within a dwelling.
HOSPITAL means an establishment providing physical or mental health services with overnight accommodations for the sick and injured and is open to the general public 24 hours each day including as an integral part of the establishment related facilities such as emergency care, laboratories, outpatient facilities, training facilities and medical offices.
HOSPITAL, MICRO means a limited service hospital with no more than 12 beds which is no greater than 50,000 square feet in size.
HOTEL/MOTEL means a building that provides rooms or suites intended primarily as sleeping accommodations for public rental and temporary accommodation on a daily basis for registered transient guests. A hotel contains a central, internal lobby and provides daily room cleaning and linen changes. Other supportive facilities may also be included such as, but not limited to, meeting rooms, incidental retail sales, restaurants, lounges, swimming pools, recreational and fitness facilities, personal services and similar amenities intended principally to serve registered guests.
HOUSEHOLD means one (1) or more people living together in a single dwelling unit with common access to and common use of all living and eating areas and facilities for the preparation and serving of food within the dwelling unit.
HUB HEIGHT means the vertical distance from the base of the wind energy tower to the center of rotation of the rotor.
(Ord. 2020-78. Passed 11-17-20.)
1115.06 DEFINITIONS I - J.
IMPERVIOUS SURFACE means any material that substantially reduces or prevents the infiltration of storm water into the earth.
IMPROVEMENTS means permanent additions to real property that are designed to make the property more useful or to increase its value, such as buildings, parking and utilities.
INDUSTRIAL PARK means an area within the Limited Industry-Industrial Park District consisting of ten (10) or more acres which shall be developed in accordance with a development plan submitted to the Planning and Design Commission.
(Ord. 2020-78. Passed 11-17-20.)
1115.07 DEFINITIONS K - L.
KENNEL means any facility used for the boarding, breeding, raising, training, showing, or selling of dogs and/or cats for a fee. Such facilities may include outdoor dog runs.
LAMP means the source of electric light, the bulb and its housing. To be distinguished from the whole assembly (see "luminaire").
LAND means any ground, soil or earth, including marshes, swamps, drainage ways and areas not permanently covered by water within the City.
LAND USE means the various ways in which land may be used, employed or occupied.
LANDSCAPE NURSERY means the growing, storage and sale of garden plants, shrubs, trees, or vines for resale, including incidental retail sales.
LANDSCAPE PLAN means a site plan depicting planned locations of trees, shrubs, lawns, and other landscaping that will be established on the site.
LATTICE TOWER means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation.
LAW DIRECTOR means the chief legal officer for the City of North Olmsted.
LOADING SPACE means an open or enclosed space, other than a street, used for temporary parking of a commercial vehicle while its goods are being loaded or off loaded.
LOT means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds. "Lot" also means an area of land being described as a lot in a duly recorded subdivision or appearing as a single parcel on the Auditor's Map Records or subdivided into a separate area or parcel in accordance with the provisions of ORC 711.01. "Lot" includes the term "plot."
LOT, CORNER means a lot with at least two (2) contiguous sides abutting the intersection of two (2) streets, forming an interior angle of less than 135 degrees. Also a lot abutting a curved street shall be considered a corner lot if the tangents of the curve, at the points of beginning with the lot or the points of intersection of the side lot lines with the street line, meet at an interior angle of less than 135 degrees. |  |
LOT, INTERIOR means a lot other than a corner lot. | |
LOT, THROUGH means an interior lot having frontage on two (2) parallel streets. A corner lot shall be considered having double frontage if it has access on three (3) or more sides. Also referred to as a "Double Frontage Lot." |
LOT AREA means the total horizontal area within the property lines of the lot.
LOT COVERAGE means the proportion of the surface of a lot that is covered by the ground floor area of the main building and all accessory building, excluding unenclosed porches, terraces and steps, measured from the outside surface of the exterior walls.
LOT DEPTH means the mean horizontal distance of a lot measured between the front and rear lot lines.
LOT LINE means the boundary of a lot separating it from adjoining public, common or private land, including a public street.
LOT LINE, FRONT means the lot line separating a lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street, except when lot lines abutting streets are of equal length, the front line shall be considered on the street having the longest frontage within the same block. Unless the context clearly indicates the contrary, "front lot line" shall also mean "street line."
LOT LINE, REAR means a lot line parallel or within 45 degrees of being parallel to the front lot line.
LOT LINE, SIDE means a lot line which is neither a front lot line nor rear lot line.
LOT, NONCONFORMING means a lot existing lawfully at the time this Code, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
LOT OF RECORD means a lot that exists as shown or described on a subdivision plat, plat map or deed in the records of Cuyahoga County.
LOT SIZE, MINIMUM, means the minimum size that a building lot must be for a building to be constructed legally at that site.
LOT WIDTH means the horizontal distance of a lot measured along the front building line at the front building setback line.
LOT, ZONING means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and accessory use or a main and accessory building, the minimum area of which shall be as required by this Code. A zoning lot may or may not coincide with a lot of record.
LOWEST FINISHED FLOOR means the lowest finished floor of the lowest enclosed area. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage located in an area other than a basement is not considered a building's lowest finished floor; provided such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
LUMINAIRE means the complete lighting unit, including the lamp, the fixture and other parts.
(Ord. 2020-78. Passed 11-17-20.)
1115.08 DEFINITIONS M - N.
MARQUEE means a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building.
MASTER PLAN means the City of North Olmsted's Master Plan.
MECHANICAL AMUSEMENT DEVICE means a machine, device or instrument that upon the insertion of a coin, plate, disc, plug, key or token of value, or payment of money operates or may be operated for use as a game, contest of skill or amusement of any description. Music devices (juke boxes), postage dispensing machines, kiddie ride machines and other penny-operated machines are not included in this definition. Use of a building or any part of a building for a mechanical amusement device shall be accessory only to a permitted main use.
MEDICAL SERVICES, CLINICS AND MEDICAL OFFICES
a. CLINIC means facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with five (5) or more licensed practitioners and/or medical specialties, outpatient care facilities, urgent care facilities and other allied health services. These facilities may also include incidental medical laboratories and/or pharmacies.
b. MEDICAL OFFICE means a facility other than a hospital where medical, dental, mental health, surgical and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five (5) or more licensed practitioners is classified under "Clinic."
c. HOSPITAL means an institution licensed by the State, where people, including inpatients, receive medical, surgical or psychiatric treatment and nursing care.
MESSAGE, COMMERCIAL means any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
MESSAGE, NONCOMMERCIAL means any sign, wording or logo that does not represent a commercial message or commercial speech. Such signs may express messages that include, but are not limited to, free speech opinions, ideological messages, religious messages, political messages, etc.
MICROBREWERY see "Brewery"
MIXED USE DEVELOPMENT means a development of multiple buildings that blends a combination of residential, commercial, cultural and/or institutional uses, where those functions are physically and functionally integrated and that provides interior connectivity for vehicles and pedestrians.
MONOPOLE means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
MUNICIPALITY means the City of North Olmsted.
NONCONFORMING is a term applied to lots, structures and uses of land which were lawful before the adoption of this ordinance, or subsequent amendment, but which are prohibited by, or which are not in compliance with, the requirements of this ordinance.
NON-ESSENTIAL LIGHTING means lighting that is not necessary for an intended purpose after the purpose has been served. Non-essential lighting does not include any sign lighting or lighting used for safety and/or public circulation purposes.
NORTHEAST OHIO AREAWIDE COORDINATING AGENCY (NOACA) is the federally designated metropolitan planning organization for northeast Ohio.
NURSING HOME means a residential care facility designed to provide a range of personal and medical services to chronically ill or disabled individuals.
(Ord. 2020-78. Passed 11-17-20.)
1115.09 DEFINITIONS O - P.
OCCUPANCY CERTIFICATE or CERTIFICATE OF OCCUPANCY means an official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all applicable codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.
OCCUPIED BUILDING means a residence, school, hospital, church, library or other building used for public gathering that is occupied or in use when the permit application is submitted.
OPEN SPACE means land that is either undeveloped or is improved with various recreation facilities.
OPERATOR means the individual who has day-to-day supervision and control of activities occurring at a construction site, such as a permit holder, custodian, developer, general contractor or manager. It is anticipated that at different phases of a construction project, different parties will satisfy the definition of "operator."
ORDINARY REPAIR AND MAINTENANCE means any work to correct or prevent any deterioration, damage or decay of a structure in part or in whole and to restore the structure, as nearly as may be practicable, to its prior condition using materials which are of a design, color and outer appearance as close as practicable to the original.
OTHER ADVERTISING STRUCTURE shall mean any marquee, canopy, awning, campanile, gazebo, kiosk or street clock serving to image, identify or promote a commercial enterprise.
OUTDOOR STORAGE LOT means any portion of a site where material or items are stored for a period greater than 24 hours, such as pipes, building materials, lumber, plumbing supplies, damaged vehicles or salvaged construction equipment.
OWNER means the individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision, any interstate body or any legal entity, who owns a legal interest in the property or the person in control of the property.
PARK means a public area or facility, under the control, operation or management of the city park and recreation authorities or the equivalent state, county or recreation district authorities, which has been designated for active or passive recreational activities and allow the enjoyment of natural features or natural beauty and to be used for recreation, exercise and/or sports.
PARKING LOT means any area, paved or unpaved, used for egress or ingress or to store or park vehicles. The areas designated for the display of new and used vehicles for sale are not included in this definition.
PARKING STRUCTURE means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building, such as parking garages, deck parking and underground or underbuilding parking areas.
PARKING SPACE, OFF-STREET means a defined space used to park a motor vehicle other than on a street.
PEDESTRIAN PATHWAY means a sidewalk, trail or other facility designated for use by pedestrians. Such facility may also accommodate bicycles, skates, skateboards, other non-motorized vehicles or battery powered golf carts and self-balancing personal transport vehicles.
PERFORMANCE STANDARDS means criteria that are set to ensure that a particular structure, operational activity, type of land use or development will be able to meet certain minimum standards so that its impact upon the community will not exceed established limits.
PERMIT means the authorization necessary to begin a land use activity under the provisions of this ordinance.
PERMITTEE shall mean a person receiving a permit pursuant to the provisions of this ordinance.
PERSON means any individual, partnership, corporation, company, association, syndicate, or any legal entity, whether he, she or it is acting for himself, herself or itself or as the servant, employee, agent or representative of another.
PERSONAL SERVICES means an establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Examples include, without limitation: beauty and barbershops, shoe repair shops, watch repair and tailor shops.
PLANNING AND DEVELOPMENT DIRECTOR means the director of the Department of Planning and Development for the City of North Olmsted or his/her designee.
PLAT means a map or drawing upon which the subdivider's drawing of the subdivision is presented for approval.
PORCH means a roofed, open structure projecting from the front, side or rear wall of a building.
PRELIMINARY PLAT means the preliminary plat of a subdivision submitted pursuant to the subdivision regulations.
PRESCHOOL means a school for children primarily between birth and five (5) years of age.
PROFESSIONAL TRAFFIC ENGINEER means a person who is registered by the State of Ohio pursuant to Chapter 4733 of the Ohio Revised Code as amended and who is certified as a Professional Traffic Operations Engineer (PTOE) by the Transportation Professional Certification Board Inc. (TPCB).
PRINCIPAL STRUCTURE means the building that contains the main use for which the premises is allowed according to the applicable zoning district.
PRIVACY WALL means a continuous visual screen not less than six (6) feet in height. The screen shall be a windowless wall, fence or other type of impenetrable and opaque material that is aesthetically compatible with existing development.
PROPERTY OWNER OF RECORD means the person identified as owner by county tax records.
PUBLIC PARKING AREA means an open or enclosed publicly-owned area used for passenger automobile parking.
PUBLIC UTILITY means any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing under governmental regulation to the public electricity, gas, steam, telephone, telegraph, transportation or water or any other similar public utilities.
(Ord. 2020-78. Passed 11-17-20.)
1115.10 DEFINITIONS Q - R.
RACEWAY OR WIREWAY means a form of mounting structure for signs that are a narrow structure attached to a wall where electrical conduit can run within and where the sign structure itself is mounted to it.
RECREATIONAL VEHICLE means any type of vehicle used temporarily or periodically for recreational or leisure pursuits including, but not limited to, travel trailers, motor homes, boats, special purpose automobiles, floats, rafts, trailers, detachable travel equipment of the type adaptable to light trucks, personal watercraft and other vehicles or equipment of a similar nature, as well as any trailer used to transport them.
RECYCLING COLLECTION CENTER means a facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and plastics and other products are collected, sorted and temporarily stored prior to shipment for remanufacture into new materials. Such a facility may allow limited compacting or crushing of recyclable materials.
RECYCLING FACILITY means any facility that is not a junkyard, as that word is currently defined in Chapter 4737 of the Ohio Revised Code, and in which recoverable resources, such as newspapers, magazines, books and other paper products; glass; metal cans; and plastics and other products are recovered, reused, reprocessed, and treated to return such products to a condition in which they may again be used for production.
REDEVELOPMENT means a land disturbance activity that alters the use of land but does not necessarily alter the pre-development runoff characteristics.
REGISTERED LANDSCAPE ARCHITECT means a person who is registered by the State of Ohio pursuant to Chapter 4703 of the Ohio Revised Code, as amended.
REGISTERED PROFESSIONAL ENGINEER (P.E.) means a person who is registered by the State of Ohio pursuant to Chapter 4733 of the Ohio Revised Code as amended.
REGISTERED LAND SURVEYOR means a person who is registered by the State of Ohio pursuant to Chapter 4733 of the Ohio Revised Code as amended.
REGULATION means any regulation, rule or requirement prepared by the City and adopted by North Olmsted City Council pursuant to this ordinance.
RELIGIOUS INSTITUTION OR PLACE OF WORSHIP means a structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are conducted, together with its accessory buildings and uses, and which are operated, maintained and controlled under the direction of a religious group. Accessory uses may include school facilities, daycares, cemeteries, mausoleums, caretaker's housing, pastor's housing, recreational activities and group living facilities such as convents.
REPAIR means the replacement or renewal of any part of an existing building or device for the purpose of maintenance.
RESEARCH LABORATORY means a facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RESTAURANT means an establishment whose method of operation involves either the delivery of prepared food by servers to customers seated at tables within a building or prepared food is acquired by customers at a counter or cafeteria line and consumed at tables within a completely enclosed building.
RESTAURANT, DRIVE-IN means an establishment designed to accommodate the ordering and consumption of prepared food and/or beverage in motor vehicles parked on the premises of such establishment.
RESTAURANT, DRIVE-THROUGH means an establishment whose method of operation includes both indoor seating to accommodate customers who order at a counter, as well as delivery of prepared food to the customer in a motor vehicle through a drive-through window after orders are placed at a remote menu board.
RETAINING WALL means a wall designed to prevent the lateral displacement of soil or any other material.
RIGHT-OF-WAY means a strip or parcel of land dedicated to public or private use to accommodate a transportation system and necessary public utility infrastructure, such as sewer lines, power lines, water lines and gas lines, and to allow the future maintenance of those systems.
ROADWAY means that portion of a street intended for the use by vehicular traffic.
(Ord. 2020-78. Passed 11-17-20.)
1115.11 DEFINITIONS S - T.
SALES LOT means an open area used for the display, sale or rental of new or used motor vehicles, on which no repair work is performed.
SCHOOL, PUBLIC OR PRIVATE means an institution at the elementary, middle or high school level that provides educational instruction to students. This definition does not include business schools or colleges.
SCREENING means any constructed wall, fence, building or living plant material used for the purpose of visually or functionally separating adjacent land uses as required by this ordinance.
SEAT means the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs or similar seating facilities; spacing of rows shall be assumed at 30 inches on center.
SERVICE STATION means a building and land, including pumps, tanks and grease racks, used for the retail sale of gasoline, lubricants, batteries and tires and possibly including the performance of minor services and repairs. A service station may include an attached convenience store that sells packaged food, convenience items, automobile accessories and beverages.
SELF-SERVICE STORAGE FACILITY means a building or group of buildings divided into sections for storage of personal items, either temporarily or long-term, also called "mini-warehouse."
SETBACK means the minimum horizontal distance that any principal or accessory building shall be separated from a street right-of-way or front, side or rear lot line to meet the minimum requirements of this ordinance.
SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult bath house, adult motel, adult motion picture theater, adult theater, escort service, massage parlor, sexual encounter center or nude model studio.
ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BATH HOUSE means a commercial establishment which provides adult patrons with such facilities as spas, saunas, swimming pools, spa rooms, spa services, showers, lockers, themed rooms and other opportunities to engage in sexual activities with other patrons. Admittance is typically, but not always, by membership only.
ADULT BOOKSTORE, NOVELTY STORE AND VIDEO STORE means a commercial establishment which has as a significant or substantial portion of its stock in trade or derives the majority of its revenues from or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one (1) or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, film, videos, slides or other visual description of specified sexual activities or specified anatomical areas.
b. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
c. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. These other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store as long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
ADULT CABARET means a nightclub, bar, restaurant, bottle club or similar commercial establishment, without regard to whether or not alcoholic beverages are served, which regularly features:
a. Persons who appear nude or nearly nude;
b. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
c. Films, motion pictures, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL means a motel, hotel or similar commercial establishment that:
a. Offers public accommodations, for any form of consideration, and which provides patrons with closed circuit television transmissions, films, videos, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;
b. Offers a sleeping room for rent for a period of time less than ten (10) hours; or
c. Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
ADULT MOTION PICTURE THEATER means a commercial establishment where films, videos, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
ADULT THEATER means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or near nudity or regularly features live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE means, as used in the context of a sexually oriented business, a person who works for or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the business.
ESCORT SERVICE means a person or business that furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its principal business purposes.
ESTABLISHMENT means, as used in the context of a sexually oriented business, any of the following:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
c. The addition of any of the sexually oriented businesses to any other existing sexually oriented business; or
d. The relocation of any such sexually oriented business.
LIVE ENTERTAIMENT a person who appears nude, seminude or a performance which is characterized by the exposure of "specified sexual activities."
MASSAGE PARLOR means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas; provided, this provision shall not apply to a medical doctor, osteopathic physician, chiropractor, or similar medical professional licensed by the State of Ohio to perform medical procedures on the human body.
NEARLY NUDE means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, straps or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect of achieved by such appearance is approximately the same as viewing nudity.
NUDE MODEL STUDIO means any place where a person who appears nude or nearly nude or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDE, NUDITY OR STATE OF NUDITY means the appearance of the human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast or a state of dress which fails to opaquely and fully cover the human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
PERMITTED OR LICENSED PREMISES means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE AND LICENSEE means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one (1) of its primary business purposes, offers, for any form of consideration:
a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b. Other activities between persons of the opposite sex or persons of the same sex, or both, when one (1) or more of the persons are likely to be touching, fondling or caressing other persons on the genitals, pubic area, buttocks or female breast in a manner that would stimulate sexual arousal.
SPECIFIED ANATOMICAL AREAS means any of the following:
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES means any of the following:
a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts, regardless of whether such areas of the body are covered or not;
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
c. Masturbation, actual or simulated;
d. Human genitals in a state of sexual stimulation, arousal or tumescence; or
e. Excretory functions as part of or in connection with any of the activities set forth in paragraphs a through d of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on the effective date of the ordinance from which this division is derived.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS means any of the following:
a. The sale, lease, or sublease of the business.
b. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means.
c. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
SHADE TREE means any evergreen or deciduous tree whose mature height can be expected to exceed 35 feet and whose crown spread can be expected to exceed 30 feet according to standards set forth by the American Standard for Nursery Stock, ANSI Z60.1-2014 published by AmericanHort.
SHADOW FLICKER means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
SHIELDING means a design feature or a device that is applied to a luminaire to prevent its luminous output from being visible from selected locations or horizontal and/or vertical angles.
SHOPPING CENTER means a group of stores planned, designed and functioning as a unit on the site on which it is built and which may have one (1) or more common features, such as off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the center.
SHORT-TERM LENDING ESTABLISHMENT means a business or use that regularly assists consumers in finding a lending establishment, other than the broker itself, in consideration of a fee. This definition pertains only to those businesses capped by state law as to the loan amount. This definition is specific to those businesses that perform payday lending or title loan broking.
SHRUBS means self-supporting woody plants, either deciduous or evergreen, with several stems and a normal mature height of three (3) to 20 feet according to standards set forth by the American Standard for Nursery Stock, ANSI Z60.1-2014 published by AmericanHort.
SIGN means any object, device, display or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water which is designed and used to attract attention to an institution, organization, business, product, service, event or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination or projected images. The term "sign" does not include the display of merchandise for sale on the site of the display.
SIGN, BANNER means a temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method. Where a banner signs is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a "Sign, Yard."
SIGN, BUILDING means a sign that is attached to the building including wall signs, projecting signs and canopy signs.
SIGN, CANOPY means a sign attached to the soffit or fascia of a canopy, marquee, awning, covered entrance, covered walkway, arbor, pergola or other similar structure.
SIGN, CHANGEABLE COPY means a sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface.
SIGN, DRIVEWAY means a small sign located near driveway access points.
SIGN, GROUND means a sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a ground or pedestal structure.
SIGN, ILLUMINATED means any sign which has characters, letters, figures, designs or outlines illuminated externally or internally by any light source other than non-reflected natural daylight.
SIGN, MANUAL CHANGEABLE COPY means a changeable copy sign designed so that the characters, letter or illustrations can be changed or rearranged manually. May also be known as readerboard.
SIGN, NONCONFORMING means any sign which was erected legally prior to the adoption of this code, or amendment thereto, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.
SIGN, PERMANENT means a sign permitted by this code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
SIGN, POLE means any sign, other than a flag, that is supported by a pole, poles, columns or other base or structure, and designed either:
a. To allow pedestrian or vehicular clearance beneath any of the sign's message area, or
b. To allow the sign structure or cabinet containing the sign area to overhang the pole, poles, columns or other base or structure in total by more than 20 percent of the sign message area's breadth.
SIGN, PORTABLE means any sign not attached to the ground in either a temporary or permanent manner. Portable signs shall also include any sign designed to be transported, including signs designed to be transported by means of wheels.
SIGN, PROJECTING means a sign that is affixed perpendicular to a building or wall extending more than 18 inches beyond the face of such building or wall.
SIGN, TEMPORARY means a sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis and/or is intended for a limited period of display.
SIGN, WALL means a sign attached directly to an exterior wall of a building with the exposed face of the sign in a plane parallel to the building wall. Wall signs shall not include signs that are painted directly onto a wall.
SIGN, WINDOW means a sign attached to, in contact with, placed upon, painted on or otherwise viewable through the window or door of a building that is intended for viewing from the outside of such building. This does not include merchandise located in a window. A structure that would be considered a sign if mounted on the exterior of the building, but which is mounted inside the building and oriented to be visible through the window by a person outside of the window shall be considered a window sign for the purposes of this code. Exhibit B: Chapter 1115 Definitions (Proposed) Page 1115-23 City of North Olmsted Zoning Code 1115
SIGN, YARD means any temporary sign placed on the ground or attached to a supporting structure, posts or poles, that is not attached to any building.
SIGN AREA means the entire display area of a sign copy including the advertising surface located on one or more sign faces, but not including the supporting structure.
SIGN COPY means those letters, numerals, and figures, symbols, logos and graphic elements comprising the content or message of a sign.
SIGN FACE means the surface of the sign upon, against or through which the message of the sign is exhibited. '
SIGN HEIGHT means the vertical distance to top of sign structure.
STACKING LANE means a portion of the parking lot or other vehicular use area of a site that is dedicated to the temporary storage or queuing of vehicles engaged in drive-through use of the site or development.
START OF CONSTRUCTION means the first placement of permanent construction of a structure on a site such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include installation of streets and/or sidewalks.
STATE means the State of Ohio.
STATIC OR INSTANT MESSAGE CHANGE means on electronic message centers, a static or instant message change is when one message changes to another message instantly without scrolling, flashing or other movement of the message.
STORM WATER means the direct runoff response of a watershed to rainfall including the surface and subsurface runoff and any associated material that enters a ditch, stream or storm sewer during a rainfall event.
STORY means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it, including a basement with a ceiling more than four (4) feet six (6) inches above the surface of the adjoining ground.
STREET means a dedicated public thoroughfare designed to provide the principal means of access to abutting property or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.
STREET, ARTERIAL means a major street designed to carry high volumes of through-traffic long distances at relatively high speeds.
STREET, COLLECTOR means a street designed to carry traffic from local streets to arterial streets, as well as to serve as a means of access to traffic generators.
STREET, LOCAL means streets that are designed to provide access to primarily residential areas and relatively short distances of travel.
STREET WIDTH means the shortest distance between the lines delineating the rights-of-way of a street.
STRUCTURAL ALTERATIONS means any change to the supporting members of a building, such as foundation, bearing walls, columns, beams, girders, rafters, etc.
STRUCTURE means anything constructed or erected that requires permanent location on the surface of the land the use of which requires a location on the ground or attached to something having a location on the ground, including, but not limited to, tennis courts, swimming pools and buildings.
SUBDIVISION means the division of land which is five (5) acres or less into two (2) or more building lots or building sites. A division of land into parcels of more than five (5) acres for agricultural purposes or a division not involving new streets or easement of access, or a division, sale or exchange of parcels between adjoining lot owners, if such exchange does not create additional building sites, shall not be considered a subdivision.
SUBDIVISION, MINOR means the proposed division of a parcel of land along an existing public street not involving the opening, widening or extension of any road or street, and involving not more than five (5) lots.
SUBDIVISION, MAJOR means a division of a parcel into two (2) or more lots when such subdivision involves the opening, widening or extension of any street or the granting of easements for the extension and maintenance of sewer, water, storm drainage or other facilities. Also, any division of a parcel into more than five (5) lots.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition or improvement, the cost of which equals or exceeds 50% of the assessed value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. Substantial improvement or construction is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not include any project for improvement of a structure to comply with state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions.
TECHNICALLY SUITABLE means the location of a Wireless Telecommunication Antenna reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the Antenna has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
TELECOMMUNICATIONS means the technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or magnetic systems and includes the term "Personal Wireless Services."
TEMPORARY means a specified period of time for which an activity or use is authorized.
THRIFT STORE OR THRIFT SHOP means any person (real or corporate) engaged in any business of selling, exchanging, or receiving used goods, products or merchandise received through donation from a commercial storefront premises and/or warehoused in storage facilities. For purpose of this Ordinance, “used” means previously owned, secondhand, or not “new” as when offered for sale by the original manufacturer and/or distributor.
“Thrift store” does not include goods, products or merchandise sold, exchanged or received by “Resale Dealers” or “State Licensed Dealers” as defined or regulated in Section 755.01(b)(1) of the Codified Ordinances of the City of North Olmsted.
TOTAL HEIGHT means the vertical distance from the base of the tower to the tip of a wind generator blade when the tip is at its highest point.
TOWER, MONOPOLE means a wind energy conversion system tower consisting of a single pole, constructed without guyed wires and anchors.
TRACT means an area, parcel, site, piece of land or property that is the subject of a development proposal and application.
TRUCK OR FREIGHT TERMINAL means an area and building where buses, trucks and cargo are stored, where loading and unloading is carried on regularly and where minor maintenance of these types of vehicles is performed.
(Ord. 2024-53. Passed 9-17-24.)
1115.12 DEFINITIONS U - V.
UNREGULATED PSYCHOACTIVE SUBSTANCES means any substance with psychoactive mind-altering properties meant to minic the effects of drugs and/or alcohol. A psychoactive effect is something which affects a person's mental functioning or emotional state by stimulating or depressing their nervous system. This would include effects that we associate with controlled drugs, including the following:
a) Hallucinations
b) Changes in alertness
c) Perception of time and space
d) Mood or empathy with others
e) drowsiness
USE means any purpose for which a building, other structure or land may be arranged, designed, intended, maintained or occupied. "Use" also means any activity conducted in a building or other structure or on the land.
USE, ACCESSORY means a use of land or building, or a portion thereof, that is subordinate to, and customarily associated with or incidental to the principal or primary use.
USE, CONDITIONAL means an uncommon or infrequent use which may be permitted in specific districts, subject to compliance with certain standards and explicit conditions set forth in this ordinance and subject to the granting of a conditional use permit.
USE, NONCONFORMING is a term applied to lots, structures and uses of land which were lawful before the adoption of this ordinance, or subsequent amendment, but which are prohibited by, or which are not in compliance with, the requirements of this ordinance.
USE, PERMITTED means a type of land use that is authorized by right for a particular zoning district.
USE, PRINCIPAL OR PRIMARY means the significant or primary activity carried out within a structure or upon land.
UTILITY ROOM means a room at or above or not more than four (4) feet below the finished ground elevation in a dwelling and used or designed to house equipment used for laundry, heating or other related purposes.
VAPE SHOP means any retails or service establishment that devotes at least thirty-one percent (31%) of its floor areas to the sale and display of electronic cigarettes, vapor products, electronic smoking product, or alternative nicotine product or allows vaping on site. An electronic cigarette is any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term electronic cigarette includes any such device whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, ehookah, or vapor pen, or under any other product name or descriptor. A “Vape Shop” can colloquially be referred to as a “head shop”.
1. “Vapor product” means a product, other than a cigarette or other tobacco product as defined herein, that contains or is made or derived from nicotine and that is intended and marketed for human consumption, including by smoking, inhaling, snorting or sniffing. “Vapor product” includes any component part, or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery or electronic circuit and is used to deliver the product. “Vapor product” does not include any product that is a drug, device or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g). “Vapor product” includes any product containing nicotine, regardless of concentration. See also “electronic smoking device”.
2. “Electronic Smoking Product” means any noncombustible product, other than a cigarette or tobacco product, that (1) contains or is designed to use vapor products and (2) employes a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from the vapor product. “Electronic smoking product’ includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer or similar product or device, but does not include any product regulated as a drug, device, or combination product under Chapter V of the “Federal Food, Drug, and Cosmetic Act”, 21 U.S.C. 301 et seq.
3. “Electronic smoking device” means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic cigarillo, electronic hookah, vaping pen, or electronic pipe. “Electronic smoking device” includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. “Electronic smoking device” does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
4. “Alternative nicotine product” means, subject to subsection (a)(2)A. of this section, an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving or inhaling.
a. “Alternative nicotine product” does not include any of the following:
i. Any cigarette or other tobacco product;
ii. Any product that is a “drug” as that term is defined in 21 U.S.C. 321(g)(1);
iii. Any product that is a “device” as that term is defined in 21 U.C.S. 321(h);
iv. Any product that is a “combination product” as described in 21 U.S.C. 353(g).
VARIANCE means a grant of relief from the requirements of this ordinance, based on conditions of the property that pose an unnecessary hardship in complying with the requirements.
VEGETATION means all plant growth including trees, shrubs, mosses and grasses.
VEHICLE REPAIR, MAJOR means the repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, including body and fender work, framework, welding and painting service.
VEHICLE REPAIR, MINOR means a building or premises used primarily to provide general maintenance on automobiles vehicles such as oil changes and lubrication; servicing a repair of spark plugs, batteries, pumps, belts, hoses, air filters, windshield wipers and distributors; replacement of mufflers and exhaust systems, brakes and shock absorbers; radiator cleaning and flushing; sale and installation of automobile vehicle accessories such as tires, radios and air conditioners; wheel alignment and balancing; but, excluding tire recapping or grooving or any major mechanical repairs, collision work or painting.
VEHICLE WASH means a building or portion of a building with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
VETERINARY CLINIC means a facility for the care and treatment of small animals, including household pets. Such facilities may be entirely indoors or may have both indoor and outdoor components.
(Ord. 2024-73. Passed 9-17-24.)
1115.13 DEFINITIONS W- Z.
WALL means one of the sides of a room or building connecting floor and ceiling or foundation and roof up to and including an exterior parapet that is parallel to and projects no more than four feet above the roof line
WALL, COMMON OR PARTY means a wall shared by two (2) buildings or used to separate units within a building.
WHOLESALE ESTABLISHMENT means an establishment primarily engaged in selling and distributing merchandise to retailers, industrial, commercial, institutional or professional business users, or to other wholesalers; and, acting as agents or brokers by buying merchandise for, or selling merchandise to, such individuals or companies.
WINDBLOWN DEVICES means objects and signs designed to inform or attract attention, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical or any other means and may include, but are not limited to pennants, ribbons, streamers, balloons and hot or cold air inflatable devices, spinners or similar objects.
WIND ENERGY CONVERSION SYSTEM (WECS) means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire or other component used in the system.
WIND ENERGY CONVERSION SYSTEM, BUILDING INTEGRATED means a wind energy facility designed to be permanently mounted on an occupied building or accessory structure, designed to be operated in direct contact with a building.
WIND ENERGY CONVERSION SYSTEM, MEDIUM means a wind energy system that has a total height of 170 feet or less, is primarily used to generate energy for use by its owner, reduces the need to purchase utility power from the grid, and has the ability to sell power back to the grid.
WIND ENERGY CONVERSION SYSTEM, SMALL means a wind energy system that has a total height of 75 feet or less, is primarily used to generate energy for use by its owner, reduces the need to purchase utility power from the grid, and has the ability to sell power back to the grid.
WIRELESS TELECOMMUNICATION ANTENNA or "Antenna" or "Antenna Array" means the physical device or an array of elements constituting a physical device through which an electromagnetic, wireless telecommunication signal authorized by the FCC is transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
WIRELESS TELECOMMUNICATION EQUIPMENT SHELTER or "Equipment Shelter" means the structure or cabinet in which the electronic receiving and relay equipment for a Wireless Telecommunication Facility is housed.
WIRELESS TELECOMMUNICATION FACILITY or "Facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of Personal Wireless Services.
WIRELESS TELECOMMUNICATION TOWER or "Tower" means any structure, other than a building, that elevates the Wireless Telecommunication Antenna and may include accessory transmission and receiving equipment.
YARD means an open space at grade between a building and the adjoining lot lines.
YARD, FRONT means the area extending from the front wall of a building to the front lot line, and extending the full width of the lot. |  |
YARD, REAR means the area extending from the rear wall of a building to the rear lot line and extending the full width of the lot. | |
YARD, SIDE means the area extending between a side lot line and the nearest wall of a building and extending from the front yard to the rear yard. |
ZONING CODE means this ordinance and any other adopted regulations of the City of North Olmsted pertaining to the development and use of land.
ZONING DISTRICT means a portion of the community that is officially delineated on the Zoning Map and is subject to a particular set of land use requirements as set forth in the Zoning Code. These requirements, which are uniform throughout the district, control the use of land, the intensity of development and the arrangement of buildings on the land within the district.
ZONING MAP means a map (or maps) that graphically delineate(s) the boundaries of all zoning districts within the corporate boundary of the City.
(Ord. 2020-78. Passed 11-17-20.)
1117.01 ADMINISTRATION AND ENFORCEMENT.
A. Administration. The duty of administering the provisions of the Zoning Code is hereby conferred upon the Planning and Development Director.
1. He/she may be provided with the assistance of other persons as the City may direct.
2. In carrying out the administrative duties of this Zoning Code, the Planning and Development Director shall also act in accordance with the requirements of any other City regulations regarding code enforcement, and shall cooperate with the Building Commissioner in the enforcement of the requirements of this ordinance.
3. If the Planning and Development Director shall find any of the provisions of this Code are being violated, he/she shall notify the Building Commissioner of such violation.
B. Enforcement. The duty of enforcing the provisions of the Zoning Code is hereby conferred upon the Building Commissioner.
1. The Building Commissioner, as approved by the Planning and Development Director, may promulgate such rules and regulations as he/she may determine as necessary to supplement or aid in the interpretation of the requirements of the Zoning Code, which regulations shall be consistent therewith and with the rules and regulations of the Building and Zoning Board of Appeals. Rules of the Building Commissioner shall have the same force and effect as provisions of the Zoning Code and the rules of the Board.
2. In addition to any other power given to the Building Commissioner by law or ordinance, the Building Commissioner is empowered and authorized to investigate any reported violation of the provisions of the Zoning Code. The Building Commissioner shall not enter onto any premises for the purposes of conducting any such investigation without first either obtaining the express written consent of the owner or other adult person in control of or in charge of such premises to enter upon the premises to conduct such investigation, or obtaining a warrant from a court of competent jurisdiction authorizing him/her to conduct a search of the premises.
3. The Building Commissioner shall keep, or cause to be kept, in accordance with applicable records retention requirements, a record of the Division of Building in regard to any decision, determination or conclusion reached by him/her in connection with the enforcement of the Zoning Code. Such records shall be open to public inspection during regular business hours.
C. Liability. Neither the Planning and Development Director, the Building Commissioner nor any person appointed or employed by them when acting in good faith and without malice shall be personally liable for damages by reason of anything done under the provisions of the Zoning Code.
(Ord. 2017-32. Passed 5-2-17.)
1117.02 SCHEDULE OF FEES.
A. City Council shall by resolution establish a schedule of fees, charges and deposits and a collection procedure for zoning compliance reviews, appeals, conditional use permits, variances, development plan reviews, rezoning applications and other matters pertaining to this Code. The schedule of fees shall be available in the Department of Planning and Development and may be amended only by City Council.
B. An appropriate fee established by the City Council shall accompany any application. Additionally, a separate deposit may be collected from the applicant, as determined by the City Council, and used to reimburse another party retained by the City to provide expert consultation and advice including, but not limited to, legal, planning and engineering professionals regarding the application. The amount of the deposit shall be based on a reasonable estimate to provide such services; however, the City Council may, by resolution, adopt a minimum deposit. Any unused portions of this fee shall be returned to the applicant after the City has paid all costs for consultant services.
(Ord. 2017-32. Passed 5-2-17.)
1117.03 INTERPRETATION.
A. In the interpretation and application, the provisions of this Code shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this Code to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described Zoning Code, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this Zoning Code imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this Code shall control.
B. The Planning and Development Director shall interpret the terms, requirements and processes of this Code. The interpretation of the text shall be narrow and based on common understanding of terms. Any determination of the Planning and Development Director may be appealed to the Building and Zoning Board of Appeals, according to Article VII, Section 1(b) of the City Charter and Chapter 1123 of the Codified Ordinances.
C. Similar Uses.
1. Since every potential use cannot be addressed in this Code, each district may accommodate similar uses, as referenced in this section. All applications for a use not specifically addressed in a zoning district shall be submitted to the Planning and Development Director for review and a decision, based on the following process:
a. The Planning and Development Director shall first find that the proposed use is not listed as a permitted or conditional use in any other district.
b. If the use is not permitted elsewhere, the Planning and Development Director shall review the purpose, permitted uses and conditional uses in the zoning district to determine if the proposed use is consistent with the district purpose and is similar to other allowed uses relative to its character, scale and overall compatibility, objectionable impacts on public health, safety and welfare.
2. If a proposed use is determined to be similar to other uses listed within the district and is consistent with the district's purpose, the proposed use shall comply with all the standards or requirements associated with the listed use(s).
3. The Planning and Development Director may, in his/her sole discretion, submit a proposed use to the Building and Zoning Board of Appeals for a similar use determination.
4. If either the Planning and Development Director or Building and Zoning Board of Appeals determines that a proposed use is not similar to a listed use, the applicant may request that the Planning and Design Commission or City Council initiate an amendment to the Zoning Code, as provided in Chapter 1127, to include the use.
5. The determination of whether a proposed use is similar to another listed use shall be considered as an interpretation of the use regulations and not a use variance. Once a use has been determined to be similar, it shall be included in the list of uses.
(Ord. 2017-32. Passed 5-2-17.)
1118.01 INTENT.
Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district. If properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control, such uses shall be designated as conditional uses and allowable only upon review and approval of a conditional use permit by City Council. Because of the uniqueness or special nature of a conditional use with respect to location, design, size and method of operation, each use that comes under review shall be considered individually.
(Ord. 2017-32. Passed 5-2-17.)
1118.02 SCOPE.
Conditional uses are identified within each of the zoning districts established by this ordinance. These uses may have operational characteristics such as traffic, noise, hours of operation or other factors that warrant the imposition of other requirements, in addition to the base requirements applicable to all uses allowed in the respective zoning district, in order to mitigate potential impacts and safeguard surrounding properties. This chapter specifies those added requirements for several uses identified as conditional uses. In addition to these specific requirements, other conditions may be attached to an approval to ensure that the proposed use satisfies the general review standards in this chapter.
(Ord. 2017-32. Passed 5-2-17.)
1118.03 APPLICATION.
Requests for approval of a conditional use shall be submitted to the Planning and Development Director on an application form for that purpose along with the associated fee and the following attachments:
A. A statement signed by the owner that the applicant is the owner of the property or is acting as the owner's representative.
C. Supporting statements, evidence, data, information and exhibits that address the standards for evaluating conditional use applications.
D. Any additional information deemed necessary by the Planning and Development Director to determine the impact of the proposed conditional use on adjacent properties, public infrastructure and the community as a whole. Information may include, but is not limited to traffic impact analyses, environmental impact assessments, market studies (to determine market demand and feasibility), fiscal impact analyses or reports and/or testimony by officials representing state, county or local departments of public safety (police and fire), health, highways or roads and/or environment. Any additional studies deemed necessary by the City may be completed by an individual or firm of the City's choosing, but at the applicant's expense, as provided for in Section 1117.02 B.
(Ord. 2017-32. Passed 5-2-17.)
1118.04 REAPPLICATION.
A conditional use permit application, which has been denied wholly or in part by City Council shall not be resubmitted within 12 months from the date of denial; except on the grounds of newly discovered evidence or proof of changed conditions. A reapplication shall be processed in the same manner as the original application.
(Ord. 2017-32. Passed 5-2-17.)
1118.05 REVIEW PROCEDURES.
A. Planning and Development Director Review. The Planning and Development Director shall review the application to determine if all required information has been supplied and will only then forward the complete application and supporting data to the Planning and Design Commission for review and approval. If the application is found to be incomplete, the Planning and Development Director shall provide the applicant a written explanation of any deficiencies.
B. Planning and Design Commission Review. The Planning and Design Commission shall hold a public meeting to review the application and solicit input from the general public and surrounding landowners. Notification shall be provided as required by Chapter 149 of the Codified Ordinances. The Commission shall review the application against the requirements of this ordinance and the review standards for site plans. At the public meeting, the Planning and Design Commission shall make a recommendation to City Council on the application. The Planning and Design Commission shall act on the request within 30 days of receiving the complete application.
C. City Council Action. City Council shall review the application against the Planning and Design Commission's recommendation, the requirements of this ordinance, and the review standards for site plans. City Council shall take one of the following actions on the application: table, deny, approve or approve with conditions.
D. Appeals. The decision of City Council shall be final and may only be reviewed by a Court of Common Pleas, pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
(Ord. 2017-32. Passed 5-2-17.)
1118.06 GENERAL STANDARDS OF APPROVAL.
A. Standards of Approval. City Council shall review the particular circumstances and facts applicable to each proposed conditional use with respect to the following general standards:
1. The proposed use is physically and operationally compatible with the surrounding neighborhood and abutting uses.
2. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor or other characteristic not comparable to the uses permitted in the base zoning district. A use which produces smoke, fumes, glare or odor shall be considered detrimental to other persons or property if it is objectionable to a reasonable person of ordinary sensibilities.
3. The use can be accommodated on the site consistent with all applicable design standards and in conformance with all development regulations for the district in which it will be located.
4. The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
5. On-site and off-site traffic generation and circulation patterns shall not adversely impact adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.
6. The use will be adequately served by public facilities and services including, but not limited to, water, sewer, electric, schools, streets, fire and police protection, storm drainage, public transit and public parks/trails.
B. Additional Conditions. During the review, City Council may impose additional requirements on a proposed conditional use to ensure that potential significant adverse impacts on surrounding existing uses will be reduced to the maximum extent feasible, including, but not limited to, conditions or measures addressing:
1. Location on a site of activities that generate potential adverse impacts such as noise, odor and glare;
2. Hours of operation and deliveries;
3. Location of loading and delivery zones;
4. Light intensity and hours of full illumination;
5. Litter control and placement of trash receptacles;
6. On-site parking configuration and facilities;
7. On-site circulation;
8. Vehicular access to the site;
9. Privacy concerns of adjacent uses; and
10. Other conditions as determined appropriate by City Council as related to each application.
(Ord. 2017-32. Passed 5-2-17.)
1118.07 EXPIRATION AND REVOCATION.
A. Expiration of Permit. A conditional use permit shall be valid for so long as the conditions approved by City Council are observed. A conditional use permit shall expire where the construction of a building or related site improvements are not started within one (1) year following the date of approval or where the normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter.
B. Revocation of Permit. Upon determination by the Planning and Development Director that there are reasonable grounds for revocation of a conditional use permit, a hearing shall be set before City Council.
1. Notice and Hearing. Notice shall be given by the Clerk of Council in the same manner required for a public meeting to consider approval as specified in Chapter 149 of the Codified Ordinances. At the public hearing, City Council shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, or the owner's representative. At a public hearing, the testimony of any other interested person shall also be heard.
2. Required Findings. City Council shall revoke the permit upon making one (1) or more of the following findings:
a. The permit was issued on the basis of erroneous or misleading information or misrepresentation;
b. The terms or conditions of approval of the permit have been violated or that other laws or provisions have been violated; or
c. There has been a discontinuance of the activity granted by the conditional use permit for 12 consecutive months.
3. Decision and Notice. Within ten (10) days of the conclusion of the hearing, the Clerk of Council shall mail notice of the decision to the owner of the use or structure for which the permit was issued and to any other person who has filed a written request for such notice.
4. Effective Date. A decision to revoke a conditional use permit shall become final ten (10) days after the date of the decision.
(Ord. 2017-32. Passed 5-2-17.)
1118.08 SPECIFIC CONDITIONAL USE REQUIREMENTS.
In addition to the general standards of approval in this chapter, specific conditional use requirements for any use, as listed herein, shall also be met. City Council may in its sole discretion waive any specific conditional use requirement set forth in Section 1118.09 through Section 1118.15 based upon a finding that a waiver of such specific requirements would have no adverse impact to surrounding properties. Such waiver determination shall be final.
(Ord. 2017-32. Passed 5-2-17.)
1118.09 ACCOMMODATIONS, HOSPITALITY AND ENTERTAINMENT.
A. Microbreweries.
1. All mechanical equipment visible from the street, an adjacent residential use or residential zoning district shall be screened using architectural features consistent with the principal structure.
2. Access and loading bays are discouraged from facing toward any street; provided, where such bays do face any street, adjacent to any residential use or residential zoning district, the doors shall be closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building.
3. Outdoor storage shall not be allowed, including the use of portable storage units, cargo containers and tractor trailers.
B. Restaurants, 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. A minimum of three (3) parking spaces shall be provided in close proximity to the exit of the pick-up window to allow for customers waiting for delivery of orders.
3. Public access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
4. Internal circulation and ingress/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.
5. 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.
C. Outdoor Commercial Recreation.
1. The minimum front, side and rear setbacks shall be 50 feet for all buildings and outdoor components of the recreational facility; provided, setbacks for any go-cart, vehicle track or similar motorized activity shall be a minimum of 200 feet from any residential district.
2. The minimum front, side and rear parking setbacks shall be 20 feet from adjacent non-residential zoning districts and 50 feet from adjacent residential districts.
3. 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 conform to the requirements of Section 1161.10.
4. An operations plan describing the nature of the use, hours of operation, etc. shall be provided.
(Ord. 2017-32. Passed 5-2-17.)
1118.10 AUTOMOTIVE USES.
A. Commercial Vehicle Sales.
1. Showrooms and lots for the sale of used commercial vehicles shall be located either on a parcel of land upon which an existing showroom and/or lot for the sale of new commercial vehicles is located or upon a parcel of land which is physically contiguous to a parcel of land containing an existing showroom and lot for the sale of new commercial vehicles.
2. The minimum lot size shall be three (3) acres with a minimum lot width of 350 feet.
3. The use shall be located on an arterial street and all access to the property shall be from that arterial street as designated in Table 1161.07-1.
4. Access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
5. Flags, pennants, balloons, ribbons, search lights, strings of lights or other distracting devices are not permitted.
6. Outdoor displays shall conform to the following:
a. Vehicles, for sale or otherwise, shall be parked on approved paved surfaces.
b. Vehicle display or storage shall not be allowed in areas required for visitor, employee or service parking.
c. All other merchandise available for sale, including, but not limited to, clothing, accessories, tires, collectibles, etc. shall be sold and displayed within an enclosed building.
d. Accessory service work, including vehicle washing, repair and general maintenance, shall be conducted entirely within an enclosed building.
7. Audible paging systems or outdoor speakers are prohibited. Vehicles stored on the site shall not be located by employees using audible methods such as keyless entry systems.
B. Vehicle Repair, Major or Minor.
1. All main and accessory structures shall be set back a minimum of 75 feet from any residential district.
2. The facility shall front on an arterial or collector street as defined in Table 1161.07-1, and all access to the property shall be from that street.
3. Access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
4. Overhead doors shall not face any residential district. The Planning and Design 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.
5. Where applicable, vehicle stacking space shall be provided in front of each service bay for at least two (2) vehicles.
6. All maintenance and repair work shall be conducted completely within an enclosed building. Equipment, including hydraulic hoists, compressors, pits, lubrication, greasing and other automobile repairing equipment shall be located entirely within an enclosed building.
7. There shall be no outdoor storage or display of vehicle components and parts, materials, commodities for sale, supplies or equipment.
8. Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted for no more than 30 days and shall be within a designated area. Such area shall be appropriately screened from public view in accordance with the screening requirements of Chapter 1139.
C. 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 as defined in Table 1161.07-1.
2. Access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
3. Only one (1) driveway shall be permitted on any street, unless the Planning and Design Commission determines additional driveways will be necessary to ensure safe and efficient access to the site.
4. Pump islands shall be a minimum of 30 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products shall be set back at least 15 feet from any lot line.
5. Canopies covering gasoline pump islands providing protection from inclement weather may be permitted in front of the established building line, provided that no portion of such canopy is less than 15 feet from any street right-of-way line. Canopies shall be constructed of materials consistent with the principal building. The proposed clearance of any canopy shall be noted on the development plan. All signs, logos, or identifying paint scheme shall be in accordance with Chapter 1163. The canopy shall not exceed 18 feet in height. Lighting in the canopy shall be recessed, fully shielded and directed downward to prevent off-site glare.
6. In the event that a gasoline station use has been abandoned or terminated for a period of more than 12 months, all underground gasoline storage tanks shall be removed from the premises, in accordance with state requirements.
7. A vehicle service station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurants provided that 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 Chapter 1161.
D. Vehicle Towing Facility.
1. The facility shall front on an arterial street as defined in Table 1161.07-1, and all access to the property shall be from that street.
2. Access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
3. Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be limited to motor vehicles that have been towed or transported pending the reclamation or disposition of such vehicles. Such area shall be appropriately screened from public view in accordance with the screening requirements of Chapter 1139.
E. Vehicle Wash Facility.
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. The facility shall be located on an arterial street and all access to the property shall be from that arterial street as defined in Table 1161.07-1.
4. Access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
5. Only one (1) driveway shall be permitted from any street, unless the Planning and Design Commission determines additional driveways will be necessary to ensure safe and efficient access to and egress from the site.
6. For automated drive-through wash facilities, a bypass lane is required that allows bypassing waiting vehicles.
7. Overhead doors shall not face a street, except as approved by the Planning and Design Commission in these circumstances:
a. When the doors of a through-garage are located at the front and rear of a building;
b. When a garage is located on a corner or through lot; or
c. When determined that a rear garage door would negatively affect an abutting residential use or district.
8. A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from any residential district boundary.
9. The 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. 2017-32. Passed 5-2-17.)
1118.11 INFRASTRUCTURE, TRANSPORTATION AND WAREHOUSING.
A. Mini-Warehouse or Personal Storage Units.
1. The minimum size of the site shall be not less than three (3) acres.
2. The facility shall front on an arterial or collector street as defined in Table 1161.07-1, and all access to the property shall be from that street.
3. Storage of combustible or flammable liquids, combustible fibers or explosive materials, as defined in the City's 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 a 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. Minimum separation between self-storage buildings shall be 24 feet. Internal drive aisles shall be at least 24 feet wide and must be clearly marked to distinguish traffic flow.
7. Building design and materials shall be compatible with the existing and intended character of the area.
8. To the maximum extent practical, storage unit doors shall not face public right-of-way.
9. Fences within front yards and any side yards adjacent to residential zoned property shall be wrought iron or a similar decorative type. Chain-link or similar style fences are prohibited.
B. Public Utility Substation or Subinstallation.
1. The use shall be enclosed by a solid fence or wall at least six (6) feet in height above finished grade.
2. Other uses including but not limited to office, commercial operations and storage of vehicles or equipment shall not be permitted on the premises.
(Ord. 2017-32. Passed 5-2-17.)
1118.12 PUBLIC AND INSTITUTIONAL FACILITIES.
A. Schools (K-12). The purpose of these requirements is to integrate schools into the fabric of the City of North Olmsted'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.
1. Minimum lot area shall be four (4) acres.
2. Minimum lot width shall be 200 feet.
3. Maximum building height may be up to 55 feet.
4. When located in a residential district, the front yard setback shall be not less than the required front yard setback for any adjacent properties. All buildings, accessory structures and outdoor activity areas (ball fields, tennis courts, playgrounds, bleachers, etc.) shall be set back a minimum of 75 feet from any side or rear property line. All parking areas shall be set back a minimum of 20 feet from any side or rear property line.
5. At least one (1) property line, meeting the minimum width requirement, shall abut and have direct access to an arterial or collector street as defined in Table 1161.07-1.
6. To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Chapter 1161.
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 conform to the requirements of Section 1161.10.
B. Colleges or Universities.
1. Minimum lot area shall be five (5) acres.
2. The use shall front on an arterial street as defined in Table 1161.07-1, and all access to the property shall be from that street.
3. Buildings shall be located at least 100 feet from all property lines and parking lots shall be located at least 50 feet from all property lines.
C. Day Cares, Nursery Schools or Child Care Establishments.
1. When located in a residential district, the front yard setback shall be not less than the required front yard setback for any adjacent properties. All buildings and accessory structures shall be set back a minimum of 50 feet from any side or rear property line. All parking areas shall be set back a minimum of 20 feet from any side or rear property line.
2. Outdoor play areas shall be enclosed by a secure fence at least four (4) feet high. Play areas may not be located within a required yard.
3. The drop-off/pick-up area shall be of sufficient length and design to ensure that all vehicle stacking and maneuvering occurs within the facility property and does not extend into the adjacent public street.
4. Evidence shall be provided that all applicable requirements of the State of Ohio governing the licensing of the facility are met and the use shall be operated at all times in accordance with state requirements.
D. Places of Worship. The purpose of these requirements is to integrate places of worship into the fabric of the City of North Olmsted's residential areas, but not at the expense of the residential character of neighborhoods. 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. Minimum lot area shall be two (2) acres.
2. Minimum lot width shall be 200 feet.
3. When located in a residential district, the front yard setback shall be not less than the required front yard setback for any adjacent properties. All buildings, accessory structures and outdoor activity areas shall be set back a minimum of 50 feet from any side or rear property line. All parking areas shall be set back a minimum of 20 feet from any side or rear property line.
4. At least one (1) property line, meeting the minimum width requirement, shall abut and have direct access to an arterial or collector street as defined in Table 1161.07-1.
5. To the extent practical, shared parking arrangements should be employed with other uses in the vicinity, in accordance with the provisions of Chapter 1161.
E. Hospitals.
1. Minimum lot area shall be four (4) acres.
2. Minimum lot width shall be 200 feet.
3. When located in a residential district, the front yard setback shall be not less than 100 feet. All main and accessory buildings shall be set back a minimum of 100 feet from any side or rear property line. All parking areas shall be set back a minimum of 50 feet from any side or rear property line.
4. At least one (1) property line, meeting the minimum width requirement, shall abut and have direct access to an arterial street as defined in Table 1161.07-1.
(Ord. 2017-32. Passed 5-2-17.)
(Ord. 2017-32. Passed 5-2-17.)
1118.13 OFFICES AND SERVICES.
A. Animal Services, Veterinary Office/Clinic, Animal Hospital, Grooming, Boarding, Training or Day Care.
1. No part of the facility shall be located closer than 100 feet from any residential zoning district.
2. If the facility is to include outdoor runs or exercise areas, minimum lot area shall be one (1) acre.
3. No dog runs or animal exercise areas shall be located in a front yard.
Outdoor runs/exercise/relief areas shall be set back a minimum of 50 feet from all side and rear property lines or the required setback for the zoning district, whichever is greater; provided, a 100 foot setback shall be maintained from any residential district boundary.
4. Outdoor runs/exercise/relief areas shall be screened by a six (6) foot privacy fence constructed of quality materials that are compatible with the surrounding neighborhood in accordance with the screening requirements in Chapter 1139.
5. All animal noise and odor must be confined to any building used to house the animals.
6. All animal excrement must be removed from any outdoor runs/exercise/relief areas or yard and disposed of in a trash receptacle and removed off site on a weekly basis.
B. Short Term Lending Establishments, Check Cashing, Payday Lender, Title Loan Company or similar.
1. The use shall be located at least 3,000 feet, measured lot line to lot line, from the nearest check cashing establishment, payday lender, deferred presentment lender, pawnshop or title loan company.
2. The use shall be located within a commercial shopping center building with a total floor area of all businesses being 30,000 square feet or more.
C. Tattoo, Body Branding, Hookah Lounges, Drug Paraphernalia, Smoke Shops or similar.
1. The use shall be located at least 3,000 feet, measured lot line to lot line, from the nearest tattoo, branding, hookah lounge, drug paraphernalia, smoking establishments.
2. The use shall be located within a commercial shopping center building with the combined floor area of all businesses being 30,000 square feet or more.
3. The use shall be located at least 2,500 feet, measured lot line to lot line, from the nearest Place of Worship, Park or Recreation Center, School or Daycare Facility.
D. Drive-through Facilities for ATMs, Banks or Pharmacies.
1. Stacking space for at least three (3) vehicles shall be provided at each window or machine.
2. 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.
3. Public access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
4. Internal circulation and access/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. Accessory Outdoor Storage.
1. 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 decorative fence or wall at least six (6), but no more than eight (8), feet in height. Chain-link, or similar style fences, are prohibited. Stored materials and stockpiles shall not be piled or stacked higher than the height of the obscuring screen.
2. The outdoor storage area shall be arranged to provide safe pedestrian and vehicular circulation and safe emergency access. Maneuvering aisles shall be kept free of all obstruction.
3. The storage of soil, sand, mulch and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. The outdoor storage of fertilizers, pesticides and other hazardous materials, unless packaged in approved containers, is prohibited.
4. Lighting for security purposes may be required, as determined by the Planning and Design Commission. All lighting shall conform to the requirements of Section 1161.10.
F. Sale and Consumption on premises of Unregulated Psychoactive Substances.
1. The use shall be located at least 3,000 feet, measured lot line to lot line, from the nearest Tattoo, Branding, Hookah Lounge, Drug Paraphernalia, Smoking Establishments or establishment that serves, for consumption on site, unregulated psychoactive substances.
2. The use shall be located within a commercial shopping center building with the combined floor area of all businesses being 30,000 square feet or more.
3. The use shall be located at least 2,500 feet, measured from lot line to lot line, from the nearest Place of Worship, Park or Recreation Center, School, or Daycare Facility.
G. Thift Store.
1. The use shall be located at least 3,000 feet, measured lot line to lot line, from the nearest thrift store, pawn shop, or secondhand store or resale shop.
2. Outside storage and display shall be prohibited in conjunction with the operation of Thrift Store.
3. A thrift store shall not occupy more than a maximum of twenty-five percent (25%) of the net leaseable floor area of a shopping center.
4. Donation area(s), described as the location of and facilities for the donation of merchandise to a thrift store, shall be located entirely within the interior of the thrift store building; drive thru and/or drop off donation areas located outside of the thrift store building are prohibited.
5. Donation boxes or containers, described as a remote and accessory facility to accommodate the donation of merchandise for a thrift store, and which is located outside of the building, are prohibited. (Ord. 2024-51. Passed 9-3-24.)
1118.14 RESIDENTIAL USES.
A. Bed and Breakfast.
1. A bed and breakfast shall not provide more than five (5) guest rooms, plus a common area for use by all guests.
2. 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 useable floor area. For each guest room in excess of two (2), an additional 100 square feet of floor area shall be required.
3. 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 14 consecutive days or more, the bed and breakfast shall be closed until the owner returns.
4. Meals shall be limited to breakfast and an evening snack, and shall be served only to guests of the facility and members of the owner's family.
5. 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. Cooking facilities are prohibited in bed and breakfast guest rooms.
8. 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 and Design Commission.
9. In addition to the development plan required by this ordinance, a floor plan of the dwelling units and the use of each room shall also be submitted with the conditional use application.
(Ord. 2017-32. Passed 5-2-17.)
1118.15 RETAIL.
A. Accessory Outdoor Display or Storage.
1. 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 decorative fence or wall at least six (6), but no more than eight (8), feet in height. Chain-link, or similar style fences, are prohibited. Stored materials and stockpiles shall not be piled or stacked higher than the height of the obscuring screen.
2. Outdoor display and storage areas shall be arranged to provide safe pedestrian and vehicular circulation and safe emergency access. Maneuvering aisles shall be kept free of all obstruction.
3. Outdoor display shall not be permitted within any required yard areas. Furthermore, no outdoor display area shall be located within 50 feet of any residential district boundary line.
4. Outdoor storage and display areas located on parking lots shall not reduce the available parking spaces to fewer than those required by Chapter 1161 for the principal use.
5. The storage of soil, sand, mulch and similar loosely packaged materials shall be contained and covered to prevent it from blowing into adjacent properties. The outdoor storage of fertilizers, pesticides and other hazardous materials, unless packaged in approved containers, is prohibited.
6. All outdoor display and storage areas shall be paved with a permanent, durable and dustless surface of asphalt or concrete and shall be graded and drained to dispose of all surface water.
7. All loading and truck maneuvering shall be accommodated on-site. Maneuvering in the public right-of-way is prohibited.
8. Lighting for security purposes may be required, as determined by the Planning and Design Commission. All lighting shall conform to the requirements of Section 1161.10.
B. General Retail Stores with 100,000 Square Feet or Greater.
1. These regulations shall apply to a retail or wholesale discount stores carrying a multiple product line that contains 100,000 square feet or more of gross floor area, either freestanding or as part of a shopping center development.
2. Minimum lot frontage is 300 feet along at least one (1) of the following main arterial streets: Lorain Road, Brookpark Road or Great Northern Boulevard. All access to the property shall be from those arterial streets.
3. Sixty percent (60%) of the lot area shall be located within one-half (1/2) mile of an interstate highway interchange consisting of minimally both an eastbound and westbound entrance and exit ramp. For the purpose of measuring the one-half (1/2) mile distance, the one-half (1/2) mile arc shall begin at the intersection of the centerline of the interstate highway and the centerline of the public street onto which the highway ramps are connected.
4. Access to the site shall comply with the driveway spacing standards of Chapter 1161 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 or edge to edge from the nearest driveway.
5. Any application must include a traffic impact analysis, prepared by a professional traffic engineer, detailing the expected impact of the development upon traffic in the vicinity of the site. The analysis shall include projections based on the proposed development and anticipated future development within the surrounding area; existing and future Level of Service, projected traffic distribution, and peak turning movements at all project driveways and street intersections in the vicinity. The report shall be presented to the City Engineer for review and approval. The developer shall be responsible for the cost of the report and for any additional signalization or other right-of-way improvements recommended by the impact analysis, including the cost of land acquisition, to mitigate the impact of the proposed development to the fullest extent practicable as proposed in the report and approved by the City Engineer.
(Ord. 2017-32. Passed 5-2-17.)
1118.16 SEXUALLY ORIENTED BUSINESSES.
A. Intent. The City of North Olmsted hereby recognizes that some uses, because of their very nature, may have serious objectionable operational characteristics, particularly when they are concentrated in a location, thereby causing a deleterious effect upon the adjacent areas. 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 of the deleterious effect that sexually oriented businesses have on both existing businesses around them and the surrounding residential areas to which they are adjacent. Therefore, the following intents are served by these regulations:
1. 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.
2. 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.
3. 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.
4. 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.
B. Requirements. A person wishing to operate a sexually oriented business within the City of North Olmsted must obtain the following approvals:
1. A Conditional Use Permit, requiring review and recommendation by the Planning and Design Commission and approval by City Council; and,
2. An Adult Entertainment Businesses license for such operations as required by Chapter 761 of the Codified Ordinances of the City of North Olmsted and obtained from the Director of Public Safety.
C. Uses Regulated.
1. Adult arcade.
2. Adult bath house.
3. Adult bookstore, novelty store, and video store.
4. Adult cabaret.
5. Adult motel.
6. Adult motion picture theater.
7. Adult theater.
8. Escort service.
9. Massage parlor.
10. Nude model studio.
11. Sexual encounter center.
12. Strip club or gentleman's club.
13. Uses determined by the Planning and Design Commission to be similar to the uses listed above.
D. Conditional Standards of Approval.
1. A sexually oriented business may not operate as follows:
a. Within 500 feet of any property line of any lot in the City of North Olmsted, which is either zoned single family residential, or upon which is located a single family residence, church, playground, or school of any kind serving children.
b. Within 500 feet from any property line of any lot in the City of North Olmsted which is either zoned for multi-family use or upon which is located any multi-family residence.
c. In a location in which any principal building or accessory structure, including signs, is within 500 feet of any principal building or accessory structure of another sexually oriented business.
d. The location restriction shall not apply to multifamily residences more than five (5) stories tall.
e. The proposed sexually oriented business and any such zoned area or existing use shall be measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of that zoned area or existing use.
2. Any sign or advertising for the sexually oriented business must comply with the provisions of this ordinance. No sign or advertising may include photographs, silhouettes or drawings of any specified anatomical areas or specified sexual activities or obscene representations of the human form and may not include animated or flashing illumination.
3. The entrances to the proposed sexually oriented business at both the exterior and interior walls, in a location visible to those entering and exiting the business, must be clearly marked with lettering at least two (2) inches in height stating:
"Persons under the age of 18 are not permitted to enter the premises;" and
"No alcoholic beverages of any type are permitted within the premises."
4. No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining roadway or a neighboring property.
5. No adult entertainment business may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 10:00 a.m. on Sundays.
(Ord. 2017-32. Passed 5-2-17.)
1119.01 BUILDING PERMIT REQUIRED.
No excavation for a foundation, nor the erection, construction or alteration of any structure or part of a structure, nor occupancy of any street with the building materials, nor erection of temporary structures for construction purposes, nor any other improvement to real property for which a building permit is required, shall be undertaken until a building permit therefor has been issued by the Building Commissioner.
(Ord. 2017-32. Passed 5-2-17.)
1119.02 CERTIFICATE OF OCCUPANCY.
A. When Required. Upon completion of construction, all alterations, additions and new construction including development projects requiring approval under Chapter 1126 must be reviewed and issued a Certificate of Occupancy as required by the Ohio Building Code.
B. Application. The application for building permit filed with the Building Commissioner shall constitute the application for a Certificate of Occupancy.
C. Issuance. A Certificate of Occupancy or Conditional Certificate of Occupancy shall be issued within ten (10) days after the erection or alteration of such buildings has been completed in conformity with the building permit.
(Ord. 2017-32. Passed 5-2-17.)
1119.03 CERTIFICATE OF ZONING COMPLIANCE.
A. When Required.
1. Change in Use or New Business. Regardless of whether or not a building permit is required for construction activities, any change of use, establishment of a new use or new business occupancy must be reviewed and issued a Certificate of Zoning Compliance by the Building Commissioner.
2. Development Plan. Upon completion of construction, all alterations, additions and new construction for development projects requiring approval under Chapter 1126 must be reviewed and issued a Certificate of Zoning Compliance by the Building Commissioner.
B. Application.
1. Change in Use or New Business. In the event the owner or occupant of an existing building desires to change the use or business of the same, he shall file with the Building Commissioner an application for a Certificate of Zoning Compliance which shall set forth a description of the land and buildings, the present use and the proposed new use.
2. Development Plan. In the event the owner or occupant proposes changes to property or buildings that constitute a development plan under Chapter 1126, the application for building permit filed with the Building Commissioner shall constitute the application for a Certificate of Zoning Compliance.
C. Issuance. A Certificate of Zoning Compliance shall be issued within ten (10) days after the application has been made or the improvements related to the approved development plan under Chapter 1126 have been completed, provided such proposed use is in conformity with the provisions of this Zoning Code and any conditions imposed by City Council on the approved development plan have been met.
(Ord. 2017-32. Passed 5-2-17.)
1119.04 RECORDS.
A record of all Certificates of Occupancy and Certificates of Zoning Compliance, whether issued or denied, shall be kept on file in the office of the Building Commissioner and a copy shall be furnished on request to any person having an interest in the building or land affected.
(Ord. 2017-32. Passed 5-2-17.)
1119.05 VOIDANCE.
If the use, occupancy or operation should at any time fail to comply with the ordinances of the City, conditions of the Certificate of Occupancy or conditions of the Certificate of Zoning Compliance, and such failures to comply continue beyond a time fixed by the Building Commissioner to cure such default, the Certificate of Occupancy or the Certificate of Zoning Compliance shall become void and all rights thereunder shall terminate and the continuance of the use, occupancy or operation under such certificate shall cease.
(Ord. 2017-32. Passed 5-2-17.)
1121.01 CIVIL ACTION.
Whenever any person neglects or refuses to comply with any order of the Building Commissioner issued pursuant to the authority vested in him, or whenever any land or building is being built or used so as to be in violation of or not in conformity with any provision of the Zoning Code, the Building Commissioner may, in his discretion, request the Director of Law to institute and maintain in the name of the City an appropriate action at law or in equity to restrain such person from the further building or use of the land or buildings which are in violation of the Zoning Code, or for an order to terminate any violation of this Code.
(Ord. 2017-32. Passed 5-2-17.)
1121.02 REMEDIES CUMULATIVE.
(Ord. 2017-32. Passed 5-2-17.)
1121.03 PENALTIES.
A. Minor Misdemeanor. Any person, including but not limited to the owner, occupant or operator of any real property, building or premises, or a part thereof, who is or has been in title, possession, use or occupancy of said property and where there exists any violation of this Zoning Code, shall be guilty of a minor misdemeanor, subject to penalties of not more than $150.00 for each and every violation. Further, each and every day of violation shall constitute a separate offense and such penalty may be imposed for each and every day that such violation is found to persist.
B. Mandatory Per Diem Penalty upon Failure to Comply. In addition to such offenses in (A), upon the observation of the commission of any such violation, it shall be a violation for any person to fail to comply with any of the provisions of this Zoning Code, or any requirements thereof, or to fail to abate any violation in compliance with any lawful order issued by the Building Commissioner or the Building and Zoning Board of Appeals, within the time specified in such order, and for each and every violation or noncompliance, shall be guilty of a minor misdemeanor and shall be fined not less than $49.00 for each and every day during which such noncompliance persists after such person's failure to abate or comply in response to said lawful order and notification.
C. Mandatory Penalty upon Violation of Final Approved Development Plan. In addition to such offenses as may be charged under Subsection A and B, any person who violates Section 1126.10 of this Zoning Code, Compliance with Approved Plans, shall be fined $100.00 per day for the first five (5) days of his violation of said Section 1126.10, and $250.00 per day for every subsequent day of violation. For purposes of this paragraph, each day during which such violation continues shall constitute a separate violation of said Section 1126.10.
D. Enhancement of Penalty upon Proof of Prior Conviction. Any person who is found to be Guilty of and convicted for violation of any of the provisions of this Zoning Code, pursuant to Subsections A, B or C above, upon subsequent violation within ten (10) years, shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than $250.00 and subject to imprisonment of not more than 30 days, or both, for each and every violation and day that the violation continues to exist after lawful order and notification. Further, if a person was previously convicted of a violation of any provision of this Zoning Code within one year prior to the date of the subsequent violation, then such person shall be guilty of a misdemeanor of the first degree, subject to a fine of not more than $1,000.00 and a term of imprisonment of not more than 180 days, or both, for each and every day the violation continues to exist after the date of the lawful order and notification. Further, the Court is hereby authorized to order, as a condition of probation or otherwise, that the offender comply with the Zoning Code and/or cure the violation of any and all provisions thereof upon which the citation and conviction are based, or otherwise upon such restrictions and within such reasonable time as ordered by the Court.
E. Application of Penalties to Officers or Agents. The penalties contained hereinabove shall be applicable to all legal entities as well as to natural persons. Where the owner, occupant or operator is a legal entity, other than a natural person, the penalties of this Section shall be applicable to any statutory agent, superintendent, officer, member or partner who, alone or with others, has charge, care or control of or is otherwise responsible for the real property, building or premises. In that event the lawful order, notification and any Citation or Complaint may be styled in the business name of such legal entity, under the care of the specific, individual natural person doing business as such legal entity, together with such person's title, affiliation, or status. For example, "ABC company, Inc., care of (c/o), Mr. XYZ, date of birth (DOB), whose residential address is located at, and who is doing business as President thereof."
F. Equitable Remedies. The imposition of any penalty shall not preclude the Director of Law or Prosecutor from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an violation of this Zoning Code; or to restrain, correct or abate a violation; or to prevent the occupancy of any real property, building or premises; or to require compliance with the provisions of this Zoning Code or other applicable laws, ordinances, rules or regulations or the orders or determinations of the Court, Building Commissioner or the Building and Zoning Board of Appeals.
(Ord. 2017-32. Passed 5-2-17.)
1123.01 POWERS.
The Building and Zoning Board of Appeals created by Article VII, Section 1 shall have, in addition to the duties given to it by the Charter, the powers as granted to it by this Planning and Zoning Code to be exercised in the manner herein set forth. "Board," when used in this Code, means the Building and Zoning Board of Appeals.
(Ord. 2015-76. Passed 11-4-15.)
1123.02 VARIANCE CONDITIONS.
(a) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, on appeal from the decision of the Building Official, the Building and Zoning Board of Appeals shall have the power in a specific case to vary or modify the application of any such provision in harmony with the general purpose and intent of the Zoning Code so that the public health, safety, morals, general welfare and convenience may be secured and substantial justice done. Such variance shall be limited to specific cases where the following conditions, also, exist:
(1) The practical difficulty or unnecessary hardship, which is inherent in and is peculiar to the premises sought to be used because of physical size, shape or other characteristics of such premises, or adjoining premises, which differentiate such premises sought to be used from other premises in the same district, and as to such premises sought to be used, shall create a difficulty or hardship caused by a strict application of the provisions of the Zoning Code not generally shared by other lands or structures in the same district;
(2) The refusal of the variance or modification appealed from shall deprive the owner of premises sought to be used of substantial property rights; and
(3) The granting of the variance or modification appealed from shall not be contrary to the purposes and intents of the provisions of the Zoning Code.
(b) In order to be entitled to relief under this section the appellant shall substantiate his claim that each of the three conditions hereinbefore listed exist, and the Board shall make a finding on each of such three conditions as they apply in each specific case as a prerequisite of the granting of the variance or modification.
(c) When a variance is granted by the Building and Zoning Board of Appeals in conjunction with a Development Plan submittal required by Chapter 1126, the variance shall be final and conditional and shall expire, be void and of no effect after the expiration of one (1) year from the date of final City Council approval of the Development Plan unless (1) building permits have been applied for and issued by the Building Department; or (2) the Director of Planning and Development, upon timely application, administratively extends the approval rendered by the Building and Zoning Board of Appeals for a period of up to one (1) year. The failure of the Director to grant such request is final and not subject to review.
(Ord. 2015-76. Passed 11-4-15.)
1126.01 PURPOSE.
The purpose of this chapter is to establish a uniform set of requirements for the planning and design of developments within the community in order to achieve the following objectives:
A. To protect the health, safety, morals and general welfare of the City;
B. To ensure compliance with the provisions of this ordinance;
C. To achieve the purposes of the City of North Olmsted Master Plan;
D. To promote the orderly and harmonious development of the City;
E. To prevent depreciation of land values;
F. To ensure a consistent level of quality throughout the community;
G. To protect the natural and built environment; and
H. To promote consultation and cooperation between applicants and the City so that applicants may accomplish their objectives in the utilization of land, consistent with the public purposes of this ordinance and the Master Plan.
(Ord. 2017-32. Passed 5-2-17.)
1126.02 DEVELOPMENT PLAN OBJECTIVE AND COMPOSITION.
A. The objective of a development plan is to provide the city, surrounding property owners and the community with an understanding of the scope of a proposed development, what the development will look like and potential impacts to surrounding properties and the community.
B. A development plan shall consist of a site plan and all of the required attachments set forth in Section 1126.06.
(Ord. 2017-32. Passed 5-2-17.)
1126.03 APPLICABILITY.
A. Authority. The Planning and Development Director or City Council, as applicable, shall review a development plan for any permitted use involving development and any conditional use, other than a one-family or two-family residential dwelling or residential accessory building, and as provided in this section. Development plan reviews are classified by two (2) types based on the extent of the proposed development: Administrative or City Council Review.
B. Administrative Review. The Planning and Development Director shall review development plans in connection with the creation of a use or the erection of a building or structure in any of the following circumstances:
1. Principal and accessory buildings less than 3,000 square feet that will accommodate a use permitted by right;
2. Additions to existing buildings less than 3,000 square feet;
3. Alterations to existing buildings;
4. Changes in the use of any existing building in any zoning district, provided the use is a permitted use in that zoning district;
5. Expansion of existing off-street parking areas, provided no change is proposed to the number or location of existing driveways and such parking expansion does not encroach into any required buffer yard; or
6. When, in the opinion of the Planning and Development Director, a project which otherwise qualifies for administrative development plan review may have an impact on surrounding properties, he/she may, in their sole discretion, submit the development plan to City Council for review.
C. City Council Review. City Council shall, after receiving a recommendation from the Planning and Design Commission, act upon all development plans, other than those provided for in Subsection B, in connection with the creation of a use or the erection of a building or structure in any of the following circumstances:
2. Any conditional use in any district;
3. Any proposal involving a rezoning request;
5. Any expansion or alteration of an existing parking area not subject to an administrative development review; or
6. As otherwise required by this ordinance.
(Ord. 2017-32. Passed 5-2-17.)
1126.04 EXEMPTIONS.
Development plan review shall not be required for one or two-family dwellings, permitted residential accessory structures or home occupations.
(Ord. 2017-32. Passed 5-2-17.)
1126.05 DEVELOPMENT PLAN REVIEW PROCEDURE.
The process of reviewing a development plan shall be as follows:
A. Administrative Reviews.
1. Pre-Application Meeting. Prior to submitting a formal application, a developer is recommended to schedule a pre-application meeting with the Planning and Development Director. The purpose of this meeting will be to discuss the proposed development project as it relates to zoning requirements and review standards. The developer shall provide a sketch plan for review during this meeting. The Planning and Development Director shall outline the development plan review and approval process.
2. Application Submittal. The applicant shall submit the development plan application and all required exhibits as set forth in Section 1126.06, in a format and number specified by the City on the application form. The application shall include the required fees and deposits as determined by City Council. The Planning and Development Director shall distribute the plans to obtain comments from City staff and consultants, as necessary.
3. Staff Review. The Planning and Development Director may require the applicant attend a staff review meeting based on the nature of the development being proposed. The purpose of this meeting will be to discuss the proposed development project, zoning requirements and review standards. The applicant may be required to submit revised exhibits, as determined in the staff review meeting.
4. Decision. Upon receipt of a final submittal, the Planning and Development Director shall review the development plan for completeness based on the requirements set forth in Section 1126.06.
a. The Planning and Development Director shall consider the development plan, comments received and the applicable standards of this ordinance and shall either approve the development plan as submitted if all applicable requirements and standards have been met; approve the development plan with conditions; or deny approval of the development plan, if applicable requirements and standards have not been met. The Planning and Development Director's review shall be based on the requirements of this chapter and, specifically, the review standards of Section 1126.07.
b. The reasons for the Planning and Development Director's action, along with any conditions that may be attached, shall be stated in writing and provided to the applicant within ten (10) business days of receipt of the final submittal.
c. If approved, two (2) copies of the development plan shall be signed and dated by the Planning and Development Director. 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.
d. If the plan is approved with conditions, two (2) copies of the revised plan shall be submitted reflecting those conditions which will be signed by the Planning and Development Director prior to the issuance of any permits.
5. Appeals. Any request to appeal a decision made by the Planning and Development Director shall be provided to the City in writing within ten (10) business days of the date of the decision. Appeals of administrative reviews shall be made by application to the Planning and Design Commission.
B. City Council Reviews:
1. Pre-Application Meeting. Prior to submitting a formal application, a developer is required to schedule a pre-application meeting with the Planning and Development Director. The purpose of this meeting will be to discuss the proposed development project as it relates to zoning requirements, review standards, and any required variances or conditional uses. The developer shall provide a sketch plan for review during this meeting. The Planning and Development Director may involve other staff at his/her discretion. The Planning and Development Director shall outline the development plan review and approval process.
2. Application Submittal. The applicant shall submit the development plan application and all required exhibits as set forth in Section 1126.06, in a format and number specified by the City on the application form. The application shall include the required fees and deposits as determined by City Council.
3. Staff Review. Upon receipt of an application, the Planning and Development Director shall review the development plan for completeness against the required application materials as set forth in Section 1126.06 for development plan review. The Planning and Development Director and all applicable reviewing authorities, including but not limited to the Law Director, City Engineer, Fire Marshal and Building Commissioner, shall review the application and associated materials. The Planning and Development Director may require the applicant attend a staff review meeting based on the nature and complexity of the development being proposed.
a. If, following staff review, the application is deemed complete, it shall be placed on the next available Planning and Design Commission agenda.
b. If, following staff review, the application is deemed incomplete, the applicant shall be informed of the outstanding submittal requirements that resulted in the determination. If a complete application is not submitted at least two (2) weeks prior to the Planning and Design Commission meeting in which the application is to be considered, the application will be held until all required documentation has been provided.
4. Variances. Should the development necessitate a variance, a public hearing shall be held in accordance with the notice provisions of Chapter 147 of the Codified Ordinances. A review and determination by the Building and Zoning Board of Appeals shall take place as required in Chapter 1123 prior to the development plan review by the Planning and Design Commission.
5. Planning and Design Commission Review. If a variance is not requested, a public meeting shall be held in accordance with the notice provisions of Chapter 149 of the Codified Ordinances.
a. The Planning and Development Director shall prepare a report for the Planning and Design Commission's review. The staff report and application materials shall be distributed to the Planning and Design Commission prior to the public hearing.
b. The Planning and Design Commission shall consider the development plan against the requirements of this ordinance, the review standards of this chapter and the standards for conditional use permits, if applicable. The Planning and Design Commission shall make a recommendation to City Council on the application.
6. City Council Action. City Council shall review the application, staff report and comments by members of the Planning and Design Commission and public and make a final decision on the application. City Council shall consider the development plan against the requirements of this ordinance, the review standards of this chapter and the standards for conditional use permits, if applicable.
a. If approved, two (2) copies of the development plan shall be signed and dated by the Planning and Development Director. 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.
b. If the plan is approved with conditions, two (2) copies of the revised plan shall be submitted reflecting those conditions which will be signed by the Planning and Development Director prior to the issuance of any permits.
7. Appeals. The decision of City Council shall be final and may only be reviewed by a Court of Common Pleas, pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
(Ord. 2017-32. Passed 5-2-17.)
1126.06 DEVELOPMENT PLAN REQUIREMENTS.
A. Required Content. Each development plan submitted shall contain the information set forth below, as applicable.
1. Applicant and Site Information.
a. Names and addresses of the applicant and property owner.
b. Name and contact information for the professional individual or firm who prepared the development plan.
c. Address and common description of the property and permanent parcel number.
d. Legal description of the subject property.
e. Total acreage and net acreage (land minus public or private right-of-way).
f. Evidence of property ownership or written power of attorney when the applicant is acting as an agent of the property owner.
2. Site Plan. A site plan with the following information:
a. Plans shall consist of an overall layout for the entire development, drawn to an engineer's scale of not less than 1 inch = 50 feet for property less than 3 acres, or 1 inch = 100 feet for property 3 acres or more in size. Sheet size shall be sufficient to show adequate detail. If a large development is show in sections on multiple sheets, then one (1) overall composite sheet shall be included.
b. Title block with sheet number/title name, address and telephone number of the applicant and firm or individual who prepared the plans and date(s) of submission and any revisions (month, day, year).
c. Scale and north-point.
d. Location map drawn to a separate scale with north-point showing surrounding land, water features, zoning and streets within a quarter mile.
e. Identification and seal of architect, engineer, land surveyor or landscape architect who prepared drawings.
f. Zoning classification of applicant's parcel and all abutting parcels.
g. Proximity to section corner and major thoroughfares.
h. Site data:
i. Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site.
ii. Topography on the site and within 100 feet of the site at two (2) foot contour intervals, referenced to a U.S.G.S. benchmark.
iii. Site conditions, including existing drainage courses, floodplains, lakes, streams, wetlands and woodlands.
iv. Proposed lot lines, lot dimensions, property lines, setback dimensions, structures and other improvements on the site.
v. All existing and proposed easements.
i. Building and Structure Details:
i. Location, height and outside dimensions of all existing and proposed buildings or structures.
ii. Building total floor area.
iii. Details on accessory structures.
iv. Size, height and method of shielding for all site and building lighting.
v. Building façade elevations for all sides, drawn at an appropriate scale.
vi. Description of exterior building materials.
vii. Location, height and outside dimensions of all outdoor storage areas and facilities.
viii. Dumpster location and enclosure details, if required.
j. Access, Circulation and Parking:
i. Dimensions of parking spaces.
ii. Calculations for required number of parking spaces, landscaped islands, circulation aisles and loading zones.
iii. Designation of fire lanes.
iv. Location of existing and proposed sidewalks/pathways within the site or right-of-way.
v. Site lighting plan, including locations and details for lighting fixtures.
k. Signs:
i. Location of all freestanding signs with setbacks.
ii. Size, height and lighting of all proposed signs.
iii. A master sign plan for the property in accordance with Section 1163.12, if applicable.
3. Landscape Plan.
a. General location and canopy outline of all existing woodlands, with an identification of trees to be removed and trees to be preserved.
b. Description of methods to preserve existing trees.
c. Location of existing and proposed lawns and landscaped areas, including percentage of lot area.
d. Planting plan, including number, location and type of all proposed shrubs, trees and other live plant material with planting details.
e. Notation of required tree lawns, buffers and screening and calculation of required plants.
4. Utilities, Drainage and Related Issues.
a. Location of existing and proposed sanitary sewers.
b. Location of underground storm sewers and drains.
c. Location and size of existing and proposed water service and fire suppression systems.
d. Fire service features on site, including fire hydrants and fire connections mounted on buildings.
e. Storm water retention and detention ponds.
f. Location of above and below ground gas, electric and telephone lines, existing and proposed.
g. Location of transformers and utility boxes.
5. Other Information. Any required permits by other County, State or federal agencies, or proof that permit applications have been submitted and any other information required by the Planning and Development Director or City Council to demonstrate compliance with other applicable provisions of this ordinance including, but not limited to, traffic impact analysis, environmental impact assessment and market feasibility studies.
B. Information Waiver. Specific requirements of either an Administrative or City Council reviewed development plan may be waived by the respective reviewer where it is determined that such information is not applicable to the subject request.
(Ord. 2023-88. Passed 10-3-23.)
1126.07 DEVELOPMENT REVIEW CRITERIA.
A. Development Review Criteria. Approval of a development plan shall be granted only if the development plan meets all applicable requirements outlined below. Unless a more specific standard is provided in this ordinance, all uses, and structures subject to development plan review shall comply with the following standards:
1. Harmonious and Compatible Design. The development must be designed in a manner that is harmonious and compatible to the greatest extent reasonably possible, with the character of the surrounding area.
2. Minimize Hazards. The development must be designed so as to reasonably minimize hazards to adjacent property and to reasonably reduce the negative effects of traffic, noise, smoke, fumes and glare to the maximum extent possible.
3. 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 development, and circulation within the development. 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.
4. Storm Water. Storm water detention and drainage systems shall be designed so the removal of surface waters will not have adverse effects on neighboring properties or public storm water drainage systems.
5. 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. Protection or preservation of existing landscaping, buffers or street lawns may be required to ensure that the proposed uses will be adequately buffered from one another and from surrounding property.
6. Buffers. Where non-residential uses abut residential uses, appropriate buffering and screening shall be provided, so as to shield residential properties from noise, headlights and glare.
7. Lighting. Lighting shall be designed to minimize glare on adjacent properties and public streets. As a condition of development plan approval, reduction of lighting during non-business hours may be required.
8. Utility Service. All interior utility service shall be underground.
9. 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 as reasonably necessary to ensure compatibility with surrounding properties.
10. Emergency Access. All buildings and structures shall be readily accessible to emergency vehicles.
11. Water and Sewer. Water and sewer installations shall comply with all City specifications and requirements.
12. Signs. Permitted signs shall be located to avoid creating distractions and visual clutter.
B. Development Review Criteria for B-4, Mixed-use Business District. Applications for B-4 mixed use developments shall only be approved upon a finding of compliance with the criteria in Subsection A and with the following criteria:
1. Development Plan Standards. The standards of Section 1126.06 for development plans shall be satisfied.
2. Consistency with Master Plan. All mixed-use development shall be designed, constructed and maintained in conformance with the applicable guidelines and standards established by the City of North Olmsted Master Plan.
3. Integration with Transportation System. Mixed use developments shall be designed to integrate into the adjacent transportation system relative to:
a. Pedestrian connections to ensure accessibility to current or planned transit service, if applicable;
b. Connectivity to existing and planned roadways, sidewalks and pathways;
c. Compatibility with the regional transportation system of arterial and collector streets; Complete streets roadway design that accommodates multiple transportation modes;
d. Strategic locations of parking lots and structures; and
e. Access management to provide internal connections between uses and prohibit individual driveway access to perimeter roads.
4. Impact on Infrastructure. The development is staged in a manner that allows for and facilitates the timely provision of public utilities, facilities and services.
5. Compatibility of Uses and Structures. The mixed-use development is planned so land uses and densities create an appropriate transition to existing or planned uses and densities on adjoining properties.
C. Conditions of Approval. Conditions which are designed to ensure compliance with the intent of this ordinance and other regulations of the City may be imposed during development plan approval. Conditions imposed shall be based on the following criteria:
1. To ensure that public services and facilities will not be adversely affected.
2. To ensure that the use is compatible with adjacent land uses and activities.
3. To protect the health, safety, welfare and social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole.
4. To protect natural resources and the environment.
5. To ensure compatibility between the proposed use or activity and the rights of the City to perform its governmental functions.
6. To meet the intent and purpose of the Zoning Code and Master Plan.
7. To be related to the regulations and standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.
8. To ensure compliance with the intent of other City ordinances that are applicable to the development plan.
(Ord. 2017-32. Passed 5-2-17.)
1126.08 AMENDMENTS TO DEVELOPMENT PLANS.
A. Amendments. Amendments to an approved development plan shall be permitted only where the holder of an approved development plan notifies the Planning and Development Director of any proposed changes. A revised development plan shall be submitted to the Planning and Development Director for review as provided in Subsection B and contain a list of all proposed amendments and changes and shall be indicated on the site plans.
B. Reviewing Authority.
1. Changes to an Administrative Review Plan. Proposed changes to a development plan approved administratively may be approved by the Planning and Development Director.
2. Changes to a City Council Review Plan. Proposed changes to a development plan approved by City Council shall be reviewed as follows:
a. Minor Changes. Minor changes may be approved by the Planning and Development Director upon determining that the proposed revision(s) will not alter the basic design and character of the development plan, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:
i. Reduction in size of any building and/or other structures.
ii. Movement of buildings or other structures by no more than ten (10) feet.
iii. Landscaping approved on the development plan that is replaced by similar landscaping to an equal or greater extent.
iv. Changes in building materials to a comparable or higher quality material.
v. Internal re-arrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.
vi. Changes related to Subsections i-v above, required or requested by the City or County, State, or federal regulatory agency in order to conform to other laws or regulations, provided such changes do not alter the basic design and character of the plan, nor any specified conditions imposed as part of the original approval.
b. Major Changes. Major changes are changes that fall outside the scope of minor changes as defined in this section as determined by the Planning and Development Director. Major changes shall be reviewed in the same manner as the original application, including review by the Planning and Design Commission.
(Ord. 2017-32. Passed 5-2-17.)
1126.09 EXPIRATION AND EXTENSIONS.
A. Expiration. Building permits must be obtained within one (1) year of the date of final plan approval or the approval expires, along with the approval of any related variances. Upon expiration, no person shall acquire any vested property interest in or upon the land whatsoever, nor otherwise acquire any vested right to proceed with construction based upon such expired final development plan approval. Upon expiration, any variances from this Code that may have been issued in support thereof shall likewise expire, shall not vest any property right, and shall not run with the land.
B. Extensions. Upon request from the developer or approval holder, the Planning and Development Director may grant one (1) extension of up to twelve (12) additional months provided that:
1. The applicant provides the Planning and Development Department with a written request for an extension prior to the date of expiration of the original development plan approval;
2. There are no changes in the project; and
3. The zoning of the property is the same as when the project was approved.
(Ord. 2017-32. Passed 5-2-17.)
1126.10 COMPLIANCE WITH APPROVED PLANS.
A. No site development, improvement or construction activities shall be commenced or permitted that fail to comply with approved development plans, including all conditions imposed or variances issued, except upon amendment authorized and issued pursuant to Section 1126.08. Any such deviation from final approved development plans shall be subject to an immediate Stop Work Order and penalties provided by Chapter 1121.
B. For purposes of this section, "final approved development plan" means the finally approved building, site and signage plans for the property, the landscaping and lighting plans for the property, and all statements concerning the use and/or development of the property appearing affirmatively on the face of the record of the proceedings of the owner's application for a development plan which were expressly made a condition of Administrative approval or City Council's approval pursuant to the provisions of Section 1126.05.
(Ord. 2017-32. Passed 5-2-17.)
1127.01 INITIATION.
A proposed amendment to the Zoning Code or the Zone Map may be initiated either by the Planning and Design Commission or by introduction as an ordinance in Council. If the amendment is initiated by action of the Commission, and upon its introduction as an ordinance in Council, Council shall set the same for public hearing and provide for the proper notice thereof, all as provided by the Charter and in this chapter. If the amendment is initiated by its introduction as an ordinance in Council, the ordinance shall forthwith be referred to the Commission.
(Ord. 90-125. Passed 5-21-91.)
1127.02 REFERRAL TO PLANNING AND DESIGN COMMISSION.
Any ordinance amending this Zoning Code or the Zone Map referred by Council to the Planning and Design Commission shall receive the consideration and be the subject of approval or disapproval by the Commission, which shall report its action and recommendation to Council in regard to such proposed ordinance within thirty days from the date of the referral unless Council extends such period at the time of the referral or before the expiration of such thirty day period or as established by Council. In the event the Commission does not act on such proposed ordinance within the time in this section specified, it shall be deemed to have approved such ordinance.
(Ord. 90-125. Passed 5-21-91.)
1127.03 PUBLIC HEARING; NOTICE.
(a) Date. Upon receipt of a notice of an action from the Planning and Design Commission regarding a proposed ordinance amending this Zoning Code or the Zone Map, or upon the introduction of such an ordinance when initiated by the Commission, Council shall establish a date for a public hearing of such ordinance. The date of such public hearing shall be not less than thirty days after the date of hearing is established.
(b) Notice. The Clerk of Council shall give notice of such public hearing as required by the Charter and such additional notice as may be directed by Council at the time the date of the public hearing is established. Any notice given shall set forth the time and place of public hearing and a summary of the proposed amendment.
(c) File Copy For Inspection. A copy of the proposed ordinance or amended Zone Map and all reports in connection therewith shall be on file for public inspection in the office of the Clerk of Council.
(d) Procedure; Recess. At a public hearing established by subsection (a) hereof, any interested person shall be heard who desires to present reasons for or against the adoption of a proposed amendment, subject, however, to reasonable regulations of Council or rulings from the presiding officer. Council may, by motion, recess the public hearing from time to time, but no further notice by mail or advertisement shall be given for the time and place of any subsequent recessed public hearing of that proposed amendment. Council need not take final action on such proposed amendment at the time of such public hearing.
(Ord. 90-125. Passed 5-21-91.)
1127.04 COUNCIL ACTION.
At any time after the conclusion of the public hearing required by this chapter, Council may adopt the proposed ordinance by the affirmative vote of at least a majority of the members of Council eligible to vote, provided the proposed ordinance was initiated by the Planning and Design Commission or had received the prior approval of the Commission. If the proposed ordinance or any part thereof has been disapproved by the Commission, it shall be adopted only if it receives the affirmative vote of two-thirds of all members of Council eligible to vote.
(Ord. 90-125. Passed 5-21-91.)
1127.05 CURRENT RECORD OF TEXT AND MAP.
The Building Official shall maintain a permanent and current record of this Zoning Code showing all amendments to the text and map.
(Ord. 90-125. Passed 5-21-91.)