(a)   Except as provided in Chapters 1171, a use of a building or land lawfully existing on or prior to May 4, 1931, or for which a permit has lawfully been issued, may be continued even though such use does not conform to the provisions of such Zoning Code for the use district in which it is located, but no enlargement, expansion or addition shall be allowed or permitted except as a variance under terms set forth in Chapter 1127, and no substitution or other change in such nonconforming use to other than a conforming use shall be permitted except by special permit granted by the Board of Zoning Appeals in accordance with the provisions of Chapter 1127. Such permit may be issued only after notice by publication of a public hearing to be held thereon and after the Board finds, in such hearing, that such substitution or other change is no more harmful or objectionable than the previous nonconforming use in floor space or other space occupied, in volume of trade or production or kind of goods sold or produced, in daily hours or other periods of use, in the type or number of persons to occupy or to be attracted to the premises or in any other characteristic of the new use as compared with the previous use.

    (b)   The publication of notice as stated in subsection (a) hereof shall be made in two local newspapers and shall be published twice in a thirty-day period.

   The hearing required shall be fixed for a day certain within two weeks following the final publication. All costs shall be borne by the applicant for a variance use.

   (c)   This section shall not in any way affect the force and legality of previous orders requiring the discontinuance of nonconforming uses nor extend the time limit already established for the discontinuance of existing nonconforming uses.

   (d)   Nonconforming signs shall be regulated under Chapter 1196.

(Ord. 115-60. Passed 6-6-60; Ord. 157-22. Passed 9-18-23.)

   (a)   A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use.

   (b)   For the purposes of this section a nonconforming use shall be considered abandoned when:

      (1)   The owner's intent to discontinue such use is apparent;

      (2)   The specific characteristic equipment, material and furnishings of the nonconforming use have been removed from the building or premises and have not been replaced within six months by similar equipment, unless other facts show the intent of the owner to resume the nonconforming use;

      (3)   It has been replaced by a conforming use; or

      (4)   It has been changed to another lawful use under proper permit of the Board of Zoning Appeals acting under the provisions of Chapter 1127 and the rules and regulations enacted by the Board regulating its internal affairs and conduct.

(Ord. 113-60. Passed 6-6-60; Ord. 279-99. Passed 2-7-00.)

   (a)   Nothing in this chapter shall prevent the strengthening, restoration, completion, reconstruction, extension or substitution of a nonconforming use to a safe condition of any structural part of any building declared unsafe by the Building Commissioner or other authorized administrative official or agency of the City. Such repairs shall not exceed fifty percent of the valuation of such building as specified on the tax duplicate contained in the County Recorder's office, unless the building is being changed to a conforming use.

   (b)   A nonconforming use or building which is more than fifty percent destroyed or removed by whatever cause, including acts of God but excluding malicious mischief or vandalism, shall not be permitted restored or replaced except to a conforming use in the use district.

(Ord. 112-60. Passed 6-6-60.)

   In any use district, no poolroom, skating rink, dance hall or amusement park shall be located within 400 feet of the premises of a public school or premises purchased for school purposes.

(Ord. 42-55. Passed 2-21-55.)

   In any use district, no gasoline filling station, garage for more than four vehicles or stable for more than four horses shall have any entrance or exit for vehicles or horses on the same side of the street within 200 feet, measured along the sidewalks, from any generally used entrance or exit of the premises occupied by any church, public or denominational school, playground, hospital, library or institution for dependents or for children, except when the distance is intersected by a street or alley. The premises of such filling station, garage or stable shall not be nearer than 100 feet from the premises occupied by any of the institutions mentioned in this section, except when the distance is intersected by a street at least sixty feet in width.

(Ord. 42-55. Passed 2-21-55.)

   At any garage or gasoline filling station, no filling appliance shall be erected within twelve feet of any street, unless the appliance is within a building and distant at least twelve feet from any entrance or exit thereof, or unless the appliance is so arranged that service can be given only to vehicles inside the premises.

(Ord. 42-55. Passed 2-21-55.)

   Any area shown on the Zone Map as park, school, cemetery, water, street, right-of-way or other similar open area shall be considered as being in the same use district as the adjoining land.

(Ord. 42-55. Passed 2-21-55.)

   In any use district, any undeveloped parcel of land having an area of not less than three acres which is owned by one person, firm or corporation, may be used for the purpose of erecting, maintaining and operating thereon one or more radio towers, television towers, other communication towers, power lines, transmitter houses, studio buildings, administration buildings, office buildings and other buildings, equipment installations and appurtenances necessary or incidental to the operation of a radio station or stations, or of a television station or stations, or of combined radio and television station or stations, or of any other communications facility, including, but not limited to, a mobile telephone communications installation. However, no such radio towers, television towers or other towers shall be so constructed upon any parcel of land which would not be of sufficient size in such instance wherein one-half of the entire length of such tower, as measured from its base, not including the height of the pad, upon toppling or destruction, would not be contained within such parcel of land.

   No such undeveloped parcel upon which a tower is erected may hereafter be subdivided unless a permanent easement is created for the benefit of the owner of the parcel upon which such tower is situated, so that access to the tower will be maintained, and any owner of such a tower shall continue to be a responsible party for the maintenance of such tower notwithstanding that a lessee may also be held responsible.

   No installation of any device, including, but not limited to, a transmitter or receiver, shall be made upon any communication tower until a permit is first obtained, and a fee paid therefor, to the Building Commissioner.

   For the purpose of this section, a parcel used for farm purposes, or not used for any purpose, shall be considered as undeveloped.

(Ord.139-90. Passed 6-18-90.)

   No building or premises in any use district shall be used by any person for the manufacture, possession for sale, or sale, of fireworks, as defined in Section 1305.01 of the Fire Prevention Code.

(Ord. 140-87. Passed 6-15-87.)

   (a)   Notwithstanding any other provision of these Codified Ordinances, and regardless of the use district, no person shall construct, establish or operate a new commercial outdoor recreational facility on property which is within 500 feet of any residential use district.

   (b)   For purposes of this section, a "commercial outdoor recreational facility" means and includes any commercial recreational facility in which the participants' activities are not conducted entirely within one or more structures that are fully enclosed on all sides. A commercial facility shall include, but not be limited to, batting cages, miniature golf courses, go-carts, archery ranges and golf ball driving ranges.

(Ord. 297-91. Passed 1-21-92.)

   The City is hereby divided into three height districts which shall be known as:

   (a)   No. 1 (or Thirty-Five Feet) Height District, designated on the Zone Map by (-1).

   (b)   No. 2 (or Fifty Feet) Height District, designated on the Zone Map by (-2).

   (c)   No. 3 (or Unlimited) Height District, designated on the Zone Map by (-3).

(Ord. 42-55. Passed 2-21-55.)

   In a No. 1 Height District, the height of a building at the building line shall be limited to thirty-five feet.

(Ord. 42-55. Passed 2-21-55.)

   Except for a building designed for and occupied in whole or in part as a residence, in a No. 2 Height District, the height of a building at the building line shall be limited to fifty feet; but no portion of a building shall exceed in height one and one-half times the distance of that portion from the center of the street upon which the building is to face. In a No. 2 Height District, no building designed for and occupied in whole or part as a residence shall exceed thirty-five feet in height.

(Ord. 132-72. Passed 10-16-72.)

   Except for a building designed for and occupied in whole or in part as a residence, in a No. 3 Height District, the height of a building shall be limited to 100 feet; but no portion of a building shall exceed the height twice the distance of that portion from the center of the street upon which the building is to face. In a No. 3 Height District, no building designed for and occupied in whole or in part as a residence shall exceed thirty-five feet in height.

(Ord. 132-72. Passed 10-16-72.)

   The foregoing requirements in the height districts shall be subject to the following exceptions:

   (a)   In any height district the height limit may be exceeded by a tower, provided the area of its horizontal cross-section above the height limit does not exceed twenty-five percent of the ground area of the building of which it is a part and the tower is not nearer to any side lot line at the height limit than twenty-five feet.

   (b)   In any height district, penthouse, water tanks, cooling towers, ornamental towers, scenery lofts, radio towers, chimneys and other necessary appurtenances, when erected upon and as an integral part of the building, may be erected or extended above the height limitation of the district.

   (c)   Nothing in this Zoning Code shall prevent the projection of a cornice beyond the street wall to an extent not exceeding five percent of the width of the street nor more than five feet in any case.

(Ord. 42-55. Passed 2-21-55.)

   (d)   In residence districts, an accessory building shall not exceed fifteen feet in height at the highest point of the roof nor more than one story.

(Ord. 305-89. Passed 10-2-89.)

   (e)   In any height district, any radio tower or television tower or other structure erected under Section 1183.05, for use in connection with the operation of a radio station or television station or combined radio and television station, may be erected or extended above the height limit of the district in which it is located, and the tower shall not be subject to the provisions of subsection (a) hereof.

(Ord. 42-55. Passed 2-21-55.)

   EDITOR'S NOTE: Former Section 1185.06 was repealed by implication by an ordinance initiated by the electors and adopted by them on November 2, 1971. This ordinance is codified as Section 1529.37.

   Unless otherwise provided for in use district regulations, the height of any building upon property not classified as to a height district contained in this chapter, shall be limited to thirty-five feet.

(Ord. 132-72. Passed 10-16-72.)

   (a)   Minimum lot area requirements are as follows:

 

    1-F denotes one-family dwelling

   2-F denotes two-family dwelling

   M-F denotes multi-family building.

    (b)   No multiple dwelling shall be constructed upon any lot of land which is not improved by a sanitary sewer.

(Ord. 207-72. Passed 3-5-73.)

   (a)   In an "AA" and "A" Area District in a Single or Two-Family House District, no building to be used as a residence shall be erected, altered or used for other than a dwelling house.

   In an "AA" and "A" Area District in any use district, no building or portion of a building to be used as a residence shall be erected, altered or used to accommodate or make provision for more than one family on an interior lot less than sixty feet wide nor for more than one family for each sublot as outlined in Section 1187.01.

(Ord. 371-02. Passed 12-9-02.)

    (b)   In a "B" Area District in a Single or Two-Family House District, no building to be used as a residence shall be erected, altered or used for other than a dwelling house.

   In a "B" Area District in any use district, no building or portion of a building to be used as a residence shall be erected, altered or used to accommodate or make provision for more than one family for each sublot, except that in any area district, other than an "A" Area District, residence for two families may be provided on any lot that was separately owned, or on any lot in a recorded subdivision that was on record on or prior to May 4, 1931.

    (c)   In a "C" or "D" Area District, no dwelling house or multiple dwelling shall be erected, altered or used to provide residence for more than one family for each sublot as outlined above.

    (d)   In computing the area of the lot for the purpose of this chapter, the area shall be considered as extending to the center of any abutting alley.

    (e)   For the purpose of this Zoning Code, a corner lot shall be considered as extending not farther than fifty feet from the side street line, measured at right angles thereto, nor greater in depth than three times the width.

    (f)   No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be considered as the yard or other open space of any other building.

    (g)   Council may grant a variance in the lot area requirement on the recommendation of the City Planning Commission.

(Ord. 97-55. Passed 5-2-55.)

    (h)   Notwithstanding the requirements set forth in other sections of this chapter, in the development of an apartment project of two or more buildings, the creation of a single sublot for each building shall not be required.

(Ord. 210-63. Passed 10-7-63.)

   (EDITOR'S NOTE: Section 1187.03 was repealed by Ordinance 349-94, passed November 21, 1994.)

   (a)   Not less than fifty percent of the area of a lot, parcel or site upon which any apartment house building is situated shall be landscaped. Landscaped areas shall be construed to be those parts of such lot, parcel or site, exclusive of driveways, open parking areas and loading areas, developed with walks, terraces, recreation areas, lawns, shrubs, trees or other plantings.

    (b)   Not more than fifteen percent of the area of any lot, parcel or site upon which any apartment house building is situated shall be covered with buildings. The term "building," as used herein, includes each main building, accessory building and structure on such lot, parcel or site. The building coverage of any such lot, parcel or site shall be construed as the total area of the:

      (1)   Largest level (in area) of each main building;

      (2)   Ground level of each accessory building and structure; and

      (3)   Exposed roof of each accessory building or structure which extends beyond four feet from a building wall.

(Ord. 208-72. Passed 3-5-73; Ord. 234-91. Passed 12-2-91.)

   Each one and two-family lot shall abut upon a dedicated street equal to the required lot width, except that on curved streets, the width at the front line may be less, provided that the lot width at the building line meets the required lot width of the particular district.

(Ord. 311-95. Passed 2-5-96.)

   Between the front yard building line as established by this chapter and the street line, no building or portion of a building may be erected above the grade level, except as otherwise provided in this chapter.

(Ord. 42-55. Passed 2-21-55.)

   In a residence district, front yard lines are hereby determined as follows:

   (a)   General Provisions. On any street frontage on either side of a street between two successive intersecting streets, but excluding the frontage along the side line of a corner lot, a line which is set back of the street line a distance equal to fifteen percent of the average or normal depth of the lots having their front lines along the street frontage, shall be the front yard line, but the distance such front yard line is back of the street line need not be more than thirty feet. Where, in any portion of the street frontage, there are lots of markedly less depth than the normal, the Board of Zoning Appeals in defining and applying this front yard line regulation may, when in its opinion the general purpose and intent of this chapter will be better served thereby, divide the street frontage into sections for the application of the above fifteen percent front yard line requirement.

   (b)   Existing Alignment. On a street frontage on either side of a street between two successive intersecting streets, but excluding the frontage along the side line of a corner lot, where twenty percent or more of the frontage is improved with buildings built back of the street line, the alignment of the existing buildings along the frontage shall, in the absence of a specific building line, be the front yard line.

   (c)   To the Street Line. On a street frontage on either side of a street between two successive intersecting streets, but excluding the frontage along the side line of a corner lot, where sixty percent or more of the frontage is improved with buildings that are built to the street line, and where no specific building line is indicated, the street line shall be the front yard line.

   (d)   Frontage on Public Park or Parkway. Where one or more lots front on a public park or parkway, such park or parkway shall be deemed a street frontage for the purpose of the said lines required by this chapter, and the line between the public park or parkway and the privately owned property fronting thereon shall be deemed a street line. This shall not serve to relieve the privately owned property of any other building line requirement.

(Ord. 42-55. Passed 2-21-55.)

   Notwithstanding the requirements set forth in other sections of this chapter, front yards shall be established hereinafter in all Multifamily Districts as shown on the Zone Map or as described in future amendments.

(Ord. 210-63. Passed 10-7-63.)

   (a)   Along the side line of a corner lot in a residence district, except as otherwise provided herein, the distance of the building line back from the side street line shall be ten percent of the average width of the lot, but the distance back from the side street line need not be more than five feet, nor more than the distance that the building line on the opposite side of the street is set back from the opposite street line.

   (b)   On the rear third of a corner lot in a Single or Two-Family House District, the building line shall be ten feet back from the side street line. In an "A" Single or Two-Family House District where the rear lot line of a corner lot is also the side line of the lot in the rear, the building line on the rear third shall be fifteen feet back from the side street line. However, no building line shall be required along the rear third of a corner lot in any use district where the rear of the lot adjoins a street frontage along which no building line is required by this Zoning Code.

   (c)   On the rear of a corner lot in any use district where the rear lot line thereof is also the side line of the butt lot in the rear upon which a setback building line is established, no building shall be erected nearer the side street at the rear line of the corner lot than the established building line of the butt lot. For each foot the building sets in from the rear lot lire or from the center of the rear alley, if any, it may set one foot nearer the street line, except as limited by subsections (a) and (b) hereof.

    (d)   At the intersection of a residence street with a street on which other than residence uses are also permitted, where the corner and/or succeeding lots were, at the time of the passage of this Zoning Code (Ordinance 42-55, passed February 21, 1955), platted to face the residence street and not more than the first three lots, aggregating a frontage of not more than 150 feet, are included within the less restricted district, the front yard line for the lots included within the less restricted district shall be a continuation of the front yard line of the residence portion of the block.

   (e)   In a use district other than a residence district or a Retail Business District, the building line requirements of this chapter, except in the case of a specific building line, shall not apply along the side line of a corner lot for the depth occupied by the corner building, but not farther than 150 feet from the building line along the front of the lot.

(Ord. 42-55. Passed 2-21-55.)

   Whenever a chapter of this Zoning Code pertaining to a specific use district is silent as to the front yard building line, side street yard building line or other front yard or side street yard regulation or regulations, the provisions of this chapter as they relate to such matters in a residence district shall be applicable in such other use district, except that nothing herein contained shall be construed as to prohibit off-street parking where such parking is either permitted or required by any other provision of this Zoning Code.

(Ord. 101-70. Passed 12-21-70.)

   (a)   Where, on any street frontage in any use district, a specific building line is indicated on the Zone Map, such building line shall be the front or side street yard line of that street frontage.

   (b)   Where a specific building line is indicated on the Zone Map, but where sixty percent or more of the frontage between two successive intersecting streets, excluding the frontage along the side lines of corner lots, is improved with buildings that are nearer the street line than the specified line, the ground level story of a building may be extended out to the average line of the existing buildings on either side thereof, provided that no existing building be considered as being farther from the street line than the specific building line.

   (c)   Where specific building lines are indicated on the Zone Map for both the front and the side of a corner lot, the side street yard need not exceed ten percent of the width of the lot for the distance, not exceeding 150 feet back from the front building line, that is occupied by the corner building.

   (d)   Where a setback building line is required on a lot that adjoins a street frontage along which either no setback building line is required or a building line nearer to the street is provided, a building may be erected beyond the building line herein provided for the lot to a point midway between the building line and the building line along such adjoining frontage and extending not more than fifty feet from such less restricted frontage.

(Ord. 42-55. Passed 2-21-55.)

   On any corner lot on which a front yard line is established by this Zoning Code, no wall, fence or other structure shall be erected, and no hedge, shrub, tree or other growth shall be maintained, between the front yard line and the street line in such a manner as to obstruct the view of traffic across the corner.

(Ord. 42-55. Passed 2-21-55.)

   (a)   The subsequent widening of a street shall not serve to change the location of an established building line, except where it would lie within the new street.

   (b)   Whenever the plat of a land subdivision approved by the City Planning Commission and on record in the office of the County Recorder shows a setback building line along any frontage for the purpose of creating a front or side street yard, the building line thus shown shall, along the frontage, apply in place of any other yard line herein provided, except the specific building lines provided in Section 1189.06.

   (c)   Whenever any parcel of land now separately owned and which was so owned prior to the passage of Ordinance 1384 (May 4, 1931) or at the time of any amendment thereto requiring a deeper front or side yard line as to such parcel, is of such restricted dimensions that it cannot be appropriately improved without building beyond the front or the side street yard line established by this Zoning Code, the Board of Zoning Appeals may, on application in a specific case, authorize the construction of a building beyond the yard line to an extent necessary to secure an appropriate improvement of the parcel of land when not unreasonably injurious to other affected property or to the general interest of the City.

   (d)   Entrance canopies or similar overhanging roofed spaces covering not more than ninety- six square feet in area for each forty feet of lot frontage, porticos or bays projecting not more than eight feet, exclusive of cornices, and not wider than sixty percent of the width of the face of the dwelling, are exempt from the front or side street yard restrictions of this Zoning Code on buildings not nearer the right-of-way line than fifteen feet. Also, exempt are steps and landings below the level of the first floor and hedges, ornamental fences and walls not more than three feet, six inches high above the grade level.

(Ord. 42-55. Passed 2-21-55; Ord. 106-21. Passed 10-4-21.)

   In a residence district, every main building shall have a rear yard the depth of which shall be not less than fifteen percent of the depth of the lot, not less than ten feet, except that in the case of any building more than two and one-half stories in height, the depth shall not be less than one-half the height of the building, but the depth need not be more than thirty feet. Forty percent of the area of a rear yard may be occupied by one-story buildings; however, no such one-story buildings shall be located nearer to any existing residence than ten feet, nor nearer to the front street line than 100 feet, except that where the depth of the lot is less than 121 feet, the rear of such one-story building shall be located no farther than three feet from the rear line. In case garages or other one-story buildings already exist on both adjoining properties closer to the street line than provided above, an applicant may be permitted to build in alignment with existing garages or other one-story buildings.

(Ord. 42-55. Passed 2-21-55.)

   In any district, any portion of a building used as a residence shall be provided with a rear yard. When the portion of a building used as a residence is above the ground floor, a rear yard shall be provided above the stories used for nonresidence purposes open and unobstructed for the full width of the lot and of a depth equal to that required for other yards, the height thereof being figured from the floor level of the residence part.

(Ord. 42-55. Passed 2-21-55.)

   In any use district, every building not used exclusively for residence purposes, or as accessory thereto, erected on any interior lot and extending back to any alley, or on a lot at the intersection of a street with an alley and having a portion of the building abutting on the alley, shall provide on the lot adequate space for the loading and unloading of trucks and commercial vehicles serving the building. The loading space, unless otherwise adequately provided for, shall include a rear yard space extending fourteen feet in height above the grade of the alley and twenty-five feet in depth back from the alley line along fifty percent of the alley frontage. The loading space requirements may be modified or waived by the Board of Zoning Appeals on application in the case of a bank, theater, assembly hall or other building of similar limited loading space requirements.

(Ord. 42-55. Passed 2-21-55.)

   Notwithstanding the requirements set forth in other sections of this chapter, in the development of an apartment project of two or more buildings, the yards between buildings and the yards between any building and a side or rear lot line shall be designed and constructed in accordance with yard regulations set forth in Section 1193.03.

(Ord. 210-63. Passed 10-7-63.)

   In a residence district, each main building shall have a yard along each side lot line. The sum of the widths of the side yards of an interior lot in a residence district shall be not less than ten feet at any point. No dwelling house shall be erected less than ten feet from any other building in a residence district.

(Ord. 42-55. Passed 2-21-55.)

   In a Single or Two-Family House District, the interior side yard shall be not less than three feet at any point of a lot of less than sixty feet in width and not less than five feet at any point of a lot of sixty or more feet in width.

(Ord. 182-70. Passed 12-21-70.)

   (a)   Minimum Distance Between Buildings. The minimum distance between any two multifamily dwellings or parts thereof in a development area will vary according to the length and height of buildings. Such minimum distance shall be determined by the following formula:

   Minimum distance (S) = LA + LB + HA + HB 

               f

the elements of such formula being defined as follows:

   "Minimum distance (S)" means the required minimum horizontal distance between any wall of building A and the nearest wall of building B or the vertical prolongation of either.

   "LA" means the total length of building A which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building A from which lines drawn perpendicular to the face of such wall or walls will interest any wall of building B.

   "LB" means the total length of building B, which for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building B from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building A.

   "HA" means the height of building A.

   "HB" means the height of building B.

   "f" means the division factor, which shall be:

         5 for multi-family - walk-up type

         3 for multi-family - elevator type.

   (b)   Minimum Distance Between Buildings and Side or Rear Lot Lines. A minimum distance between any multi-family dwelling or parts thereof in a development area and any side or rear line of the development area shall vary according to the length and height of the building. Such minimum distance shall be determined by the following formulas: Where land zoned as a Multifamily District abuts Single- Family or Two-Family Districts in AA, A, B, C or D areas:

         Minimum Distance = A + L + H

                   F

Where land zoned as a Multifamily District abuts all other zoned uses:

                  A + L + H

         Minimum Distance =       F   

                     2

the elements of such formula being defined as follows:

   A =    20 feet where the (L) is less than 50 feet and the (H) is less than 30 feet. In all other cases "A" shall be 50 feet.

   L =    length of the property line in feet measured between perpendicular lines to the property line where such perpendiculars touch the extreme ends of the building.

   H =    height of building in feet.

   F =    division factor from the schedules below.

Buildings whose length (L) is up to 100 feet and:

   the height (H) is up to 50 feet             F = 5

   the height (H) is 50.1 to 100 feet             F = 3

   the height (H) is 100.1 to 150 feet             F = 2

   the height (H) is 150.1 and up             F = 1.5.

Buildings whose length (L) is from 100.1 feet to 250 feet and:

   the height (H) is up to 50 feet             F = 3.5

   the height (H) is from 50.1 to 100 feet          F = 2.5

   the height (H) is from 100.1 and up             F = 1.5.

Buildings whose length (L) is 250 feet or more and:

   the height (H) is up to 50 feet             F =   2.5

   the height (H) is from 50.1 to 100 feet          F =    1.5

   the height (H) is from 100.1 feet and up          F=    1.

   When computing the setback formula for buildings of more than one wing, all wings that are within fifteen degrees of being perpendicular to the property line shall be considered as a separate building for measurement purposes.

   All attached wings that are not within fifteen degrees of the perpendicular to the property line shall be considered as one continuous building and the entire length between perpendicular lines to the property line shall be used for determining the length requirement of the formula.

   The required setback shall be measured from the wall plane or point that is the closest to the property line.

   Unless the foregoing formula provides for a greater minimum distance, if land zoned as a Multifamily District abuts a Single-Family or Two-Family District in an AA, A, B, C or D area, the minimum distance between any multi-family dwelling or part thereof located on such land zoned as a Multifamily District shall be no less than:

      (1)   Thirty-five feet from any side or rear line abutting any such Single-Family or Two-Family District if the height of such multifamily dwelling is up to thirty-five feet;

      (2)   Fifty feet from any side or rear line abutting any such Single-Family or Two- Family District if the height of such multifamily building is from thirty-five and one-tenth feet to fifty feet;

      (3)   125 feet from any side or rear line abutting any such Single-Family or Two- Family District if the height of such multifamily dwelling is from fifty and one-tenth feet to 100 feet.

   The rear and side yards shall be open and unobstructed from the ground to the sky and no structure, building or accessory use shall be permitted thereon.

(Ord. 449-69. Passed 10-19-70.)

   (c)   Distances from Main Buildings to Accessory Uses. The minimum distances from any multifamily building to parking areas, driveways, walks and recreation areas and to the development area boundaries, as set forth herein, are intended as desirable criteria and are to be applied in the site planning insofar as possible:

 

 

   The minimum distances set forth in the above schedule are intended to be applied to:

            (1)   The main wall, meaning any exterior wall containing the principal windows of a living, dining or sleeping room or rooms.

            (2)   The end wall, meaning any exterior wall, other than a main wall, containing minor windows of a dining or sleeping room, or principal or minor windows of a kitchen or bathroom, or a blank surface.

            (3)   Private streets at all locations except at the garage entrance or main entrance of the dwelling served.

            (4)   Walks used by the public at all locations except at the entrance to the dwelling served.

            (5)   Recreation areas, meaning areas used for active play.

(Ord. 210-63. Passed 10-7-63.)

   In a residence district, the half-width of an alley abutting the side line of a lot may be considered as part of the yard required on that side.

(Ord. 42-55. Passed 2-21-55. )

    A residence may be erected in the rear of another main building in any use district if the required front and rear yards are provided for each and a free and unobstructed entranceway not less than eight feet wide is provided as access to the rear house from the street or from an alley. For each family in excess of two to be provided for in the rear house, two feet more shall be added to the required eight feet, but the entranceway need not be wider than twenty feet. A front yard not less than twenty feet in depth across the full width of the lot shall be provided for the rear residence, which yard shall be independent of the rear yard, if any, required for the front building.

   A building other than a residence permitted in a residence district shall observe the same yard requirements as a residence, except as otherwise provided in this Zoning Code.

(Ord. 42-55. Passed 2-21-55.)

   Cornices or eaves not more than two feet wide, or a bay, balcony or chimney not more than eighteen inches in depth, may project into any side or rear yard.

(Ord. 42-55. Passed 2-21-55.)

   Sign regulations, including provisions to control the type, design, size, location and maintenance of signs, are hereby established in order to achieve, among others, the following purposes:

   (a)   To enable the public to locate goods, services and facilities without difficulty or confusion;

   (b)   To provide a safe environment by prohibiting conditions hazardous to vehicular and pedestrian traffic and by prohibiting signs which prevent police surveillance of commercial and industrial buildings;

   (c)   To protect property values and neighborhood character by prohibiting conditions which have undesirable impacts on adjacent development;

   (d)   To ensure that signs will be aesthetically harmonious with their surroundings and with an overall urban design for the area in order to further the other purposes of this chapter;

   (e)   To promote development and economic activity in accordance with the objectives of the Master Plan; and

   (f)   To ensure that the constitutionally guaranteed right of free speech is protected and to allow lawfully displayed signs as a means of communication.

(Ord. 153-22. Passed 9-18-23.)

   Signs shall be designed, erected, altered, moved and maintained, in whole or in part, in accordance with the regulations set forth in this chapter. The provisions of this chapter shall not govern the display of the following signs:

   (a)    Signs erected by the municipal, county, state and federal governments, the Greater Cleveland Regional Transit Authority (RTA), and all other signs regulating traffic and parking in the City;

   (b)   Signs which are part of the original construction of a vending machine, fuel pump or similar device;

   (c)   Any monument within a cemetery or grave markers;

   (d)   Cornerstones and permanent building plaques not displaying a commercial message and not exceeding eight square feet in area;

   (e)   Up to two signs, each not exceeding two square feet in area, displayed on a property with an individual single-family, two-family or townhouse dwelling;

   (f)   Holiday displays, excluding advertising;

   (g)   Messages displayed on vehicles regularly and customarily used to transport persons or property for a business;

   (h)   Works of art that do not include a commercial message;

   (i)   Signs that cannot be viewed from a public right-of-way or another property;

   (j)   Signs carried by a person; and

   (k)   Other signs determined by the Planning Commission to be outside this chapter's scope of regulation with respect to a reasonable and customary interpretation of the intent of this chapter.

(Ord. 153-22. Passed 9-18-23.)

   As used in this chapter, the terms listed below shall be interpreted according to the following definitions. Other terms shall be interpreted according to the definitions provided elsewhere in these Codified Ordinances or according to their ordinary English usage.

   (a)   “Banner sign.” A temporary, lightweight sign that is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of non-durable materials, including, but not limited to, plastic, cloth or cardboard.

   (b)   “Billboard.” A sign directing attention to a specific business, product, service, entertainment activity or other commercial activity sold, offered or conducted elsewhere than upon the lot on which the sign is located.

   (c)   “Canopy sign.” A sign displayed on the fascia or soffit of a canopy or covered entrance or displayed on a permanent awning or marquee.

   (d)   “Community facilities.” Public buildings, schools, religious institutions, hospitals, recreation centers, meeting halls, athletic fields, and similar uses as permitted in residential districts under the Zoning Code.

   (e)   “Development sign.” A temporary free-standing sign that does not exceed fifteen square feet in area per side and eight feet in height displayed on a property from the date that a binding contract exists for development of the property until the sooner of the date construction on the property has been completed or an occupancy permit has issued.

   (f)   “Electronic message center (EMC).” A digital sign whose variable message and/or graphics can be electronically changed by remote or automatic means. EMCs typically use light emitting diodes (LEDs) as a lighting source.

   (g)   “Entryway/exit sign.” A free-standing sign placed at an entry to or an exit from a lot or parcel of land.

   (h)   “Feather sign.” A type of temporary sign consisting of a piece of vertically elongated, flexible material such as cloth or vinyl which is affixed to a single pole driven in the ground. The pole may be rigid or flexible but is not permanent.

   (i)   “Flag.” A sign made of cloth or similar material, varying in size, shape, color, and design, attachable by one edge to a pole or rope and used as a symbol, signaling device, decoration, or to attract attention.

   (j)   “Flashing sign.” A sign illuminated by intermittent light in a manner designed to attract attention.

   (k)   “Free-standing sign.” A sign which is not attached to a building, and which is either attached directly to the ground or elevated on a supporting structure attached to the ground, including signs commonly known as pole signs, ground signs and monument signs.

   (l)   “Inflatable sign.” An air-supported, air-inflated or tension-membraned structured sign.

   (m)   “Monument sign.” A freestanding major sign having the appearance of a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials compatible with the materials of the primary structure on the subject property.

   (n)   “Pennant.” A flag usually tapering to a point or swallowtail.

   (o)   “Portable sign.” A sign which is not permanently attached to any part of a building or to the ground and which is designed to be moved using only ordinary hand tools.

   (p)   “Projecting sign.” A sign erected on the outside wall of a building and projecting out at an angle therefrom.

   (q)   “Roof sign.” A sign erected upon and completely over the roof of any building, excluding an inflatable sign.

   (r)   “Sign.” Any visual communication designed to be seen from an outdoor location and used to convey a message.

   (s)   “Sign panel.” A structural object or portion of a structural object designed to form a distinct background area or frame for the display of a sign's information.

   (t)   “Temporary sign.” A sign displaying messages of a transitory or temporary nature and intended for use for a limited period of time.

   (u)   “Unit of a building.” In the determination of maximum sign face area, “unit of a building” or “building unit” refers to a space occupying a portion of the ground floor of a building, containing an entrance from the building exterior, and separated from other such spaces by a party wall or walls.

   (v)   “Wall sign.” A sign integral with the exterior face of an exterior wall of a building, structure or structural object, or attached to the wall and parallel with the wall and projecting not more than fifteen inches therefrom and not perpendicular to the surface of the wall.

   (w)   “Window sign.” A sign displayed on, directly behind or in front of a window or the glass portion of a door.

(Ord. 153-22. Passed 9-18-23.)

   An application for a permit to erect, place, display, alter, move or paint a sign, excluding alterations which do not alter the sign's copy, dimensions or location, shall be made by the owner or lessee of the property for which a sign is proposed or his or her agent. The application shall be submitted to the Building Department on forms furnished by the City and shall be made either separately or with the application for a permit for a building and otherwise in accordance with the Building Code. The fee shall be assessed pursuant to Section 185.04 of these Codified Ordinances.

      (1)    Free-standing signs, window signs, wall signs, or flags with a noncommercial message displayed in any zoning district having a total sign face area of forty square feet for all sign faces visible from any point along the street frontage. Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign, unless the two faces are joined back-to-back, are parallel to each other, are of equal size and are not more than sixteen inches apart, in which case one face shall be included in determining the area of the sign;

      (2)   A temporary sign that does not exceed six square feet in area per side and four feet in height displayed on a property with an individual single-family, two-family or townhouse dwelling, or a vacant property intended for such dwelling, that is offered for sale or lease; and

      (3)   Temporary window signs in Retail Business and Shopping Center Districts as provided for in this chapter.

      (1)   The design and colored layout of each sign proposed, including the total area of all signs and the area, height, materials and type of lettering of individual signs;

      (2)   Photographs or drawings of the building for which the signs are proposed and photographs of surrounding buildings, signs and uses. Also included shall be the width of the building or building unit face and the lot dimensions for lots not occupied by buildings;

      (3)   The number and types of lamps and lens material to be used in any illuminated signs and data showing that the illumination meets the standards established in Section 1196.14(d);

      (4)   A site plan showing the exact location of each sign in relation to the building and property; and

      (5)   Details and specifications for construction, erection and attachment as may be required by this chapter, the Building Code, or other applicable provisions in these Codified Ordinances.

(Ord. 153-22. Passed 9-18-23.)

(Ord. 153-22. Passed 9-18-23.)

   Signs for uses in Single-Family House Districts, Two-Family House Districts, Single-Family Cluster Districts and Multi-Family Residential Districts shall be permitted in accordance with the following regulations.

   RESIDENTIAL DISTRICTS SCHEDULE OF PERMITTED SIGNS

 

 

 

   Signs for uses in Retail Business Districts, Office Building Districts, Shopping Center Districts, and Automobile Parking Districts shall be permitted in accordance with the following regulations.

 

 

 

   Signs in Industrial, Industrial Park, Commercial-Manufacturing and Research-Manufacturing Districts shall be permitted in accordance with the following regulations.

 

 

 

   Sign area, sign location and building frontage, as regulated in this chapter, shall be measured according to the following standards. The graphics shown in this section are for illustration purposes only.

         Illustrations submitted must be drawn to scale and the scale identified on the drawings, such as one-inch equals one foot. Number the drawings accordingly from one to eight. Use charts to convey exact dimensions and show all mathematical calculations.

         Window area shall be measured to include all windows and the glass portions of doors. Each facade or side of the building shall be considered separately. Window area can be an individual pane of glass, or a contiguous area of glass separated by nonstructural elements of dissimilar (non-glass) material or by structural materials. Windowpanes separated by muntins or mullions are not to be counted separately but included in the calculation of the cumulative window area.

      Signs on all sides of a free-standing canopy structure are calculated.

         The height of free-standing signs shall be measured from the base of the sign at its highest point of attachment to the ground to its topmost element. The first twelve inches in vertical height above grade is not included when calculating the sign area of a free-standing sign provided it does not contain sign copy; the first twelve inches is considered necessary to elevate the sign above grade or to provide a sign base for a monument type sign

         Support structures or bases that exceed the allowed number, width or height, or that serve a purpose unrelated to supporting a sign, shall be considered part of the sign's background and included in the calculation of sign area.

(Ord. 153-22. Passed 9-18-23.)

   The following regulations regarding the location of signs are generally applicable to all land use categories. Regulations regarding the location of free-standing signs in relation to lot lines are found in Sections 1196.06 through 1196.08 concerning particular zoning districts and land use categories.

(Ord. 153-22. Passed 9-18-23.)

   In order to facilitate information, legibility, traffic safety and general economic vitality, signs shall be designed in a manner compatible with the character and style of the buildings on which they are located and with the character and style of adjoining buildings and neighboring signs, in terms of color, materials and size. More specifically, signs shall be designed in accordance with the following standards.

      (1)   For small ornamental moldings, cappings, nailing strips, individual letters, symbols, figures and insignia; and

      (2)   On the face of a sign, provided that the aggregate area of such facing for any sign shall not exceed 100 square feet.

(Ord. 153-22. Passed 9-18-23.)

   The following types of signs are not permitted in any zoning district:

   (a)   Feather signs, as defined in Section 1196.03;

   (b)   Flashing, revolving, moving scrolling, traveling, spinning, rotating, fading, dissolving or any other moving effects, and all dynamic frame effects and patterns of illusionary movement or simulated movement, other than electronic message centers as specifically permitted in Section 1196.13(c) and digital billboards as specifically permitted in Section 1196.13(b);

   (c)   Roof signs;

   (d)   Any sign displayed on a parked trailer or truck or other vehicle that is not routinely used for transportation purposes between the hours of 6:00 a.m. and 12:00 midnight so that the primary purpose of the vehicle is to display a message or to advertise a product, service, business, or other activity; and

   (e)   Signs displayed on bollards.

(Ord. 153-22. Passed 9-18-23.)

   The display of the following sign types shall be governed by the regulations in this section in addition to other applicable regulations of this chapter.

      (4)   Digital billboards shall conform to the display standards for electronic message center signs set forth in division (c) of this section.

      (1)   EMC signs shall be permitted as either monument signs or major wall signs.

      (2)   EMC signs must have automatic brightness controls, either by photocell (hardwired) or via software, that are keyed to ambient light levels in order to bring the EMC lighting levels into compliance with division (c)(3) of this section.

      (4)   EMC signs shall have a minimum display time of eight seconds. The transition time between messages and/or message frames is limited to one second.

      (5)   The following EMC display features and functions are prohibited: scrolling, traveling, flashing, spinning, rotating, fade, dissolve, any other moving effects, and all dynamic frame effects or patterns of illusionary movement or simulated movement.

      (6)   EMC signs shall be turned off promptly in the event of a malfunction.

      (1)   Flags may be displayed on any property without the need to obtain a permit subject to the limitations set forth in this chapter.

      (2)   Flags may be mounted on or hung from the structure, or mounted on a single flagpole not exceeding the building height. Flags must be located on-site and must not be located within any street right-of-way (which includes the entire public sidewalk and street terrace area), or vision triangle.

      (3)   In residential districts, flags that display a commercial message are prohibited.

      (4)   In non-residential districts, flags that display a commercial message are permitted, but the area of such flags shall be included in determining the maximum allowable area of signage on the property.

      (1)   The company which installs inflatable signs must be a properly licensed contractor in the City.

      (3)   Inflatable signs shall be secured in an approved manner so as not to encroach upon the air rights of adjoining properties.

      (4)   Inflatable signs shall not be installed below or within ten feet horizontally of any electrical conductors, phone conductors, CATV conductors, fire alarm conductors or any other similar installations.

      (5)   The inflatable structure shall be ground-mounted or attached to supports and guy wires ground-mounted or securely attached to the building roof. No inflatable structure will be permitted to be secured to any mechanical equipment, parapet walls or other items normally found on the roof of a structure.

      (6)   The location of the inflatable structure shall not create a nuisance to adjacent or surrounding properties.

      (7)   Each applicant must pay a fee according to Section 185.04 of these Codified Ordinances and obtain a proper sign permit according to Section 1196.04.

      (8)   Each applicant who uses an inflatable sign is limited to no more than four times per year.

      (9)   The duration of each inflatable display will not exceed thirty days.

      (10)   Each applicant who uses an inflatable sign is required to wait at least thirty days before a subsequent use.

      (11)   No inflatable shall be permitted within a one-mile radius of another inflatable.

      (12)   Signage on the inflatable shall be limited to no more than two lines of advertising.

(Ord. 153-22. Passed 9-18-23.)

   The following supplemental regulations shall apply to permitted signs in non-residential zoning districts:

(Ord. 153-22. Passed 9-18-23.)

      (1)   Permanent signs and sign structures which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with the Building Code, Zoning Code and other applicable regulations of the City shall be removed by the last permit holder, by the building owner or by the City at the expense of such individual.

      (2)   Whenever the removal or maintenance of any permanent sign or sign structure has been ordered by the Building Commissioner, and the person who was ordered to remove the permanent sign or sign structure fails to remove or maintain the sign within forty-eight hours after receiving such notice, the Building Commissioner may remove or cause to be removed or maintained such sign at the expense of the person who erected such sign or on whose premises it was erected, affixed or attached. Each such person shall be individually and separately liable for the expenses incurred in the removal of such sign.

      (1)   Temporary signs shall include those signs defined in Section 1196.03 and any other sign intended for use for a limited period of time.

      (2)   Temporary signs in violation of this chapter shall be removed immediately, without notification to the owner. Such signs shall be taken to the City garage for storage. A notice shall be sent to the permit holder or, if no permit has been issued, to the address on the sign or for which the sign is posted. The owners or permit holders shall have five business days to reclaim the sign(s). Before the sign(s) are returned, the owner or permit holder shall pay any expenses associated with the removal and notification process.

      (3)   In addition to the costs mentioned in division (b) hereof, whoever violates this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 153-22. Passed 9-18-23.)

      (1)   Routine maintenance and the repair of structural and electrical parts as required by law;

      (2)   Change of copy or sign face on bulletin boards, billboards and other signs that may lawfully display changeable copy under the provisions of this chapter; and

      (3)   Replacement of the face of a wall sign if the face is encased in a structure which is consistent in size and appearance with all other such structures in a unified shopping area.

(Ord. 153-22. Passed 9-18-23.)

(Ord. 153-22. Passed 9-18-23.)

   Notwithstanding any other provision of this chapter, whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 153-22. Passed 9-18-23.)

   Off-street parking and off-street loading requirements and regulations are established to achieve, among others, the following purposes:

   (a)   To relieve congestion so that the streets can be utilized more fully for movement of traffic;

   (b)   To promote the safety and convenience of pedestrians and shoppers by separating parking areas and extensive car movements in the vicinity of pedestrian ways;

   (c)   To protect adjoining residential neighborhoods from vehicular traffic congestion; and

   (d)   To promote the general convenience, welfare and prosperity of residential, business, service and manufacturing developments, which depend upon off-street parking and off-street loading facilities.

(Ord. 254-91. Passed 12-16-91.)

   Off-street parking facilities shall be provided as a condition precedent to occupancy of a residential, institutional, business, service or industrial use, in conformance with the provisions of this chapter.

   Facilities shall be provided for the entire building or use:

   (a)   Whenever a building is constructed or a new use is established;

   (b)   Whenever an existing building is altered and there is an increase in the number of dwelling units, seating capacity and/or floor areas of a building;

   (c)   Whenever the use of an existing building is changed to a use requiring more off-street parking facilities.

(Ord. 254-91. Passed 12-16-91.)

   Construction and alterations of new parking areas and access to and from parking areas for commercial, office, institutional and public uses should conform to the standards of the Americans with Disabilities Act (ADA), which became effective January, 1992. The law requires that all goods and services shall be made available to persons with disabilities. Copies of regulations and guidelines may be obtained from the Office on the Americans with Disabilities Act, and specific information about requirements for accessible design may be obtained from the U.S. Architectural and Transportation Barrier Compliance Board.

(Ord. 368-02. Passed 11-5-04.)

   All existing off-street parking facilities, and those required as accessory to a use of a proposed or altered building, shall continue unobstructed, shall not be used for sale, service or repair of automobiles and shall not be used as off-street loading facilities. They shall not be reduced below the required size as long as the main use is maintained, unless an equivalent number of spaces are provided for such use in another approved location.

(Ord. 254-91. Passed 12-16-91.)

   For the purpose of determining accessory off-street parking requirements, definitions and measurement standards shall be as follows:

   (a)   "Accessory parking space" means an open or enclosed area (garage) directly accessible from a public street for parking of motor vehicles of owners, patrons, occupants, employees, customers or tenants of the main building or use. Each space shall be directly accessible from a drive or aisle and shall have a minimum rectangular dimension of not less than nine and one-half feet in width and nineteen feet in length for ninety degree parking; nine and one-half feet in width and twenty-two feet in length for parallel parking; nine and one-half feet in width and nineteen feet in length for sixty degree parking; and nine and one-half feet in width and nineteen feet in length for forty-five degree parking, exclusive of all drives, aisles, ramps and other circulation areas, and determined from an accurate plan of the area.

   (b)   "Floor area" means the total area of the floors of the building measured from the exterior faces of the building. Basement areas or other floors, or parts thereof, designed, arranged or used exclusively for storage or similar uses, may be excluded from the floor area measurement if the areas or floors, or parts thereof, are not open to the public. Areas such as stairs, hallways, restrooms, equipment rooms, furnace rooms, elevator shafts, etc., shall be excluded.

   (c)   "Gross floor areas," for the purpose of loading requirements, means the total floor areas used for the main and accessory activities and the storage areas of the building served.

   (d)   "Seat" means the number of seating units installed or indicated, each twenty-four linear inches of benches, or space for loose chairs or similar seating facilities. Spacing of rows shall be thirty inches on center.

   (e)   "Employee," for purposes of computing the parking requirements based on employees, means the maximum number of employees on duty on the premises at one time or on any two successive shifts, whichever is the greater.

   Where a computation results in a fractional unit, one additional space shall be provided.

(Ord. 254-91. Passed 12-16-91.)

   Off-street parking facilities shall be provided in accordance with the following schedule.

   A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use, provided, however, that if a business development is comprised of 12,000 square feet or more of building area, the required spaces may be computed for the total area of the building, or buildings, as set forth in items 28 through 32 of the following schedule, unless otherwise specified.

 

   Other Buildings or Uses

43.   For a specific building or use not scheduled above, the Building Commissioner shall apply the unit of measurement of the above schedule deemed to be most similar to the proposed building or use. All parking changes must be noted and approved by the Planning Commission and then approved by Council.

(Ord. 254-91. Passed 12-16-91; Ord. 368-02. Passed 11-15-04.)

   A building or group of buildings, occupied by two or more uses, operating normally at different hours, may share the same off-street parking facilities. For this purpose, institutions, places of amusement or assembly (items 5 to 9, inclusive, of the schedule provided in Section 1197.05) may assume that up to, but not more than, fifty percent of their off-street parking facility requirements may be shared in adjacent parking areas which are accessory to business establishments and which normally have different hours of operation, provided, however, that where there is a sharing of facilities by different owners, there shall be a contract covering a period of time as may be required by the Planning Commission, and, further, that should any of the uses be changed or the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of such building.

(Ord. 254-91. Passed 12-16-91.)

   All parking facilities, except those accessory to one or two-family dwellings, shall be developed so that such parking space is directly connected to an aisle or private driveway and arranged so that all vehicles can be driven forward into a street. Facilities shall be located as follows:

   (a)   Residential Districts and Uses. Enclosed or open parking facilities shall be located on the same lot as the dwelling served. Garages and open parking facilities accessory to one and two-family dwellings shall also comply with regulations set forth in this chapter. Enclosed or open parking facilities accessory to multifamily dwellings shall also comply with the regulations set forth in this chapter.

   (b)   Institutional, Amusement and Assembly Uses. Accessory parking facilities shall be provided on the same lot as the institution or place of amusement or assembly served (items 5 to 10, inclusive, of the schedule provided in Section 1197.05). Where no such adjacent land is available, the Planning Commission may approve parking facilities on an adjacent lot if such facility is located within an average walking distance of 250 feet of the entrance of the building served.

   (c)   Business Districts and Uses. Accessory parking facilities shall be located on the same lot or a lot adjacent to the use served and within an average walking distance of 200 feet of the building or use served. However, in the general business districts, where it may not be feasible to provide parking facilities within such locations, and where private fee lots or public lots are available, the Planning Commission may modify the requirements set forth in the schedule provided in Section 1197.05.

   (d)   Commercial-Manufacturing and Industrial Districts and Uses. Accessory parking facilities shall be located on the same lot as the main use served. However, where land is not available on the same or an adjacent lot, the facilities shall be developed so that the parking lot shall be within an average walking distance of 400 feet from the building or use served.

(Ord. 254-91. Passed 12-16-91.)

   (a)   The location, width and number of entrance and exit driveways to accessory parking facilities, except for one-family and two-family dwellings, shall be located in such a manner as to interfere as little as possible with the use of adjacent residential property and the flow of traffic on adjacent streets. For parking areas having a capacity of ten or more vehicles, the centerline of the driveway apron shall be located not less than seventy-five feet from the nearest street intersection right-of-way line. Each driveway apron location shall be approved by the Planning Commission after consideration of each of the above factors.

   (b)   Parking areas having a capacity of twenty spaces or less shall have at least one single-lane driveway. Those having a capacity of more than twenty vehicles shall have two one-lane driveways if possible, or at least one two-lane driveway. Any entrance or exit driveway shall not exceed three lanes in width.

   (c)   The width of driveways shall conform with the following schedule:

 

 

   (d)   The radius of the edge of the driveway apron shall be at least thirty feet so that a vehicle may enter from or exit onto the curb lane without obstructing vehicles in other traffic lanes.

   (e)   The aforesaid location and width of access driveway regulations shall also apply to driveways for "drive-in" roadside businesses, fee parking lots and public parking lots.

(Ord. 254-91. Passed 12-16-91.)

   All parking areas and access driveways for use by the general public, such as rental and customer parking lots, office building lots, etc., shall be constructed of a bituminous macadam surface over a prepared base of adequate bearing strength approved by the City Engineer. The owner shall maintain the bituminous macadam surface by repairing any disintegration of the surface by patching or resealing, when such disintegration takes place, at his own expense. The above specifications are minimum and a higher class of pavement may be constructed at the owner's expense. All parking areas shall be graded to provide drainage so that damage will not occur to adjacent properties and so that water will not drain across a public sidewalk. All drainage plans must receive the approval of the City Engineer.

   All parking areas shall require concrete six-inch curbs around the parking area to prevent vehicles from projecting into required yards and public rights-of-way and to define parking areas.

(Ord. 254-91. Passed 12-16-91; Ord. 368-02. Passed 11-15-04.)

   Parking areas shall be thoroughly illuminated whenever necessary to protect the public safety. Such illumination shall be so designed and located that light sources are shielded from adjoining residential districts and streets, and shall not be of excessive brightness or cause a glare hazardous to pedestrians or auto drivers.

(Ord. 254-91. Passed 12-16-91.)

   No owner of an office, business, facility, or parking garage shall fail to maintain clearly marked parking lines in accordance with Section 1707.14 and Section 351.04.

(Ord. 10-00. Passed 9-18-00.)

   Loading and/or unloading facilities shall be provided for all business, service, commercial and industrial buildings hereafter erected or altered for such uses. The facilities shall be maintained so long as the building is occupied, shall continue unobstructed and not be used for repairing or servicing motor vehicles. Space required and allocated for off-street parking shall not be allocated or used to satisfy the space requirements for off-street loading. Loading spaces shall be constructed as follows:

   (a)   Location of Loading Spaces. All required loading spaces shall be located on the same lot as the use served and arranged so that a public street or sidewalk will not be occupied during the loading or unloading process. Such spaces may be open or enclosed. They shall not be located in any required yard or less than fifty feet from a residential district.

   (b)   Access Driveways. Each required off-street loading space shall be designed for direct access to a street or alley in a manner so as to cause the least possible interference with traffic movements on the street. All open off-street loading spaces and driveways shall be provided with surface improvements as required for parking areas in Section 1197.09.

   (c)   Size of Loading Space. A required off-street loading space shall be at least twelve feet wide by at least twenty-five feet in length for buildings with less than 15,000 square feet of gross floor area, and each required loading space for a building with 15,000 square feet or more of floor area shall be not less than twelve feet wide by fifty feet in length. Each space shall have a vertical clearance of at least fourteen feet. The above areas shall be in addition to aisle and maneuvering space. Uses for which off-street loading facilities are otherwise required, but which are located in buildings of less than 5,000 square feet of floor area, shall be provided with a receiving platform or other facilities adjacent to a service drive or other open space on the same lot.

   (d)   Schedule of Requirements. Loading facilities shall be provided in accordance with the following schedule:

 

(Ord. 254-91. Passed 12-16-91.)

   A minimum of sixty feet is required from the service window to the right-of-way. A drive-through lane (or queuing lane) shall be a separate lane from the circulation lanes and aisles necessary for entering and exiting the property. Drive-through lanes shall be ten feet wide and distinctly marked by special striking to ensure that access to parking spaces or exits is not adversely affected.

(Ord. 368-02. Passed 11-15-04.)

   Detailed drawings of all multifamily, institutional, commercial and industrial developments shall be submitted for approval to the Planning Commission before an application for a building permit is approved, except that such drawings are not required for development of one and two-family dwellings. The Commission may require reasonable structural or landscape features, such as walls, fences, shrubs, ground cover or hedges, together with the installation of such identifying signs for commercial, industrial, office, institutional and multifamily uses as may, in the opinion of the Commission, be necessary to further the intent and purpose of the Master Plan or of this Zoning Code. The Commission shall not fail or refuse to approve drawings submitted hereunder which show the proposed development to be in compliance with all applicable ordinances of the City and regulations and statutes of the State.

(Ord. 254-91. Passed 12-16-91.)

   (a)   All general business uses that provide trash and/or garbage collection areas that are not within a building or closed structure shall be enclosed on all four sides, three sides enclosed by a solid wall or fence, and the fourth side enclosed by a gate. All sides of the enclosure shall be at least six feet in height. The gate side of the dumpster enclosure shall be closed at all times except during trash collection. Provisions for adequate vehicular access to and from such area or areas for collection of trash and/or garbage shall be required .

   (b)   All businesses using trash and/or garbage collections areas prior to the effective date of Ordinance No. 131-25 shall comply with the provisions of this section whenever the surface of parking areas or access driveways used by such businesses is more than fifty percent improved, repaired, replaced, or altered. The provisions of this section shall not apply to recycling bins for paper material or to donation boxes as defined in Chapter 1707 of these Codified Ordinances .

   (c)   All updated enclosed trash collection areas shall:

      (1)   Have walls made of blocks or vinyl/metal fencing planks designed and arranged in such a way that it fully obscures the contents; and

      (2)   Have installed internal bollards or similar supports to ensure stability and functionality of the screening;

      (3)   Have a fifteen foot long pad concrete approach equal to the width of the enclosure.

   (d)   (1)   For lots 15,000 square feet and above, the enclosure shall be set back twenty feet from any residential property line, five feet from any non-residential property line, and subject to any Planning Commission amendments; and

      (2)   For lots less than 15,000 square feet, the enclosure shall be placed as far from residential property lines as is practicable and is subject to review and approval by the Building Department required.

(Ord. 254-91. Passed 12-16-91; Ord. 131-25. Passed 9-15-25.)

   (a)   Application for Providing Facilities. Any application for a permit to construct a building or parking area, or for a certificate of occupancy for a change in the use of land or a building, shall include a site plan drawn to scale and fully dimensioned, showing the proposed design of the parking area and loading facilities to be provided in compliance with the provisions of the chapter.

   (b)   Determination of Required Parking Facilities. The minimum number of spaces required for accessory off-street parking shall be determined by applying the measurement units provided in Section 1197.04, the parking area design standards provided in subsection (c) hereof and the schedule of parking requirements for the various uses provided in Section 1197.05 and any other applicable provisions of this chapter. Where the computation results in a fractional space, it shall be counted as one additional space required.

   (c)   Parking Area Design Standards. The plan for parking spaces of a parking area included with an application to construct a building or parking area, or for a change in use, shall be designed and dimensioned in accordance with the drawing provided below:

 

 

(Ord. 254-91. Passed 12-16-91; Ord. 368-02. Passed 11-15-04.)

   (a)   All establishments that own, control or maintain an off-street parking facility shall paint any poles, guardrails or similar obstructions that are located within the off-street parking facility and would interfere with the operation of vehicular traffic.

   (b)   Such obstruction shall be painted in either a solid white or traffic yellow color.

   (c)   If such obstruction exceeds six feet in height, then only the lower six feet, measured from ground level, is required to be painted pursuant to this section.

(Ord. 16-93. Passed 3-15-93.)

   As used in this chapter, the terms listed below shall be interpreted according to the following definitions. Other terms shall be interpreted according to the definitions provided elsewhere in these Codified Ordinances or according to their ordinary English usage.

   (a)   Collocation. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

   (b)   Lattice Tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

   (c)   Monopole. A support structure constructed of a single, self-supporting, hollow metal tube securely anchored to a foundation.

   (d)   Open Space. Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

   (e)   Telecommunication. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

   (f)   Wireless Telecommunications Antenna. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

   (g)   Wireless Telecommunications Equipment Shelter. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

   (h)   Wireless Telecommunications Facility. 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.

   (i)   Wireless Telecommunications Tower. A structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.

(Ord. 399-96. Passed 4-14-97.)

   The following requirements apply to all wireless telecommunications facilities regardless of the zoning district in which they are to be located. These general standards are to be supplemented with the specific regulations for nonresidential and residential districts as set forth in Sections 1198.03 and 1198.04.

   (a)   When the proposed wireless telecommunications facility is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted. This plot plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the plot plan.

   (b)   The location of the tower and equipment shelter shall comply with all natural resource protection standards established in this Zoning Code, including those for floodplain, wetlands, and steep slopes.

   (c)   Security fencing eight feet in height shall surround the tower, equipment shelter, and any guy wires, either completely or individually as determined by the Planning Commission.

   (d)   A landscaped buffer area of not less than ten feet in depth shall be placed between the wireless telecommunications facilities, the public rights-of-way, residential zoning districts, and any adjacent residential uses. The ten-foot landscape buffer shall consist of a tight screen fence of hardy evergreen shrubbery not less than six feet in height.

   (e)   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

   (f)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless telecommunications service providers who supply service within a quarter mile of the proposed facility. The applicant shall be required to collocate at all technically feasible locations. The existing providers shall be required to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as responses shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

    (g)   Any application to locate an antenna on a building or structure that is listed on an historic register or is in an historic district shall be subject to review by the municipality's Architectural Review Board or Building Commissioner if there is no such review board.

    (h)   The tower shall be painted a noncontrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

    (i)   No advertising is permitted anywhere on the facility, with the exception of identification signage.

   (j)   All providers utilizing towers shall present a report to the Building Commissioner notifying the Building Commissioner of any tower facility located in the Municipality whose use will be discontinued and the date this use will cease. If at any time the use of the facility is discontinued for 180 days, the Building Commissioner may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Building Commissioner and instructed to either reactivate the facility's use within 180 days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the Municipality will remove or will contract to have removed the facility and assess the owner/operator the costs.

    (k)   No tower under 150 feet shall be artificially lighted except to assure safety or as required by the FAA. Any tower between 150 and 200 feet in height shall follow safety marking and obstruction lighting as prescribed by the FAA. Security lighting around the equipment shelter is permitted.

   (l)   Towers and antennas shall be designed to withstand sustained winds of at least 100 miles per hour.

   (m)   "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency.

   (n)   Applicants will provide evidence of legal access to the tower site, thereby maintaining this access regardless of other developments that may take place on the site.

   (o)   A conditional use permit must be approved by City Council with a subsequent building permit issued by the Building Commissioner for construction of new towers in nonindustrial districts. Collocation of antennas on a single tower, antennas attached to existing structures/buildings, towers located in industrial districts, or replacement towers to be constructed at the site of a current tower, are permitted uses and will not be subject to the conditional use permitting process.

   (p)   Any decision to deny a request to place, construct, or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission.

   (q)   Underground equipment shelters are encouraged, especially in nonindustrial districts, and may be requested by the Planning Commission.

    (r)   The applicant must provide written certification from a registered engineer that the antenna and/or tower are to be constructed in compliance with all applicable Federal, State, and local regulations pertaining to the construction.

   (s)   A proposed new tower in a nonresidential district shall not be located within 1,000 feet from any residential zoning district or from any residentially used property.

   (t)   There shall be a separation of at least one quarter mile between new wireless telecommunications towers. The Planning Commission may waive this requirement for wireless telecommunications towers associated with or within existing structures, such as electrical high-tension towers.

(Ord. 399-96. Passed 4-14-97.)

    Wireless telecommunications facilities proposed for industrial, commercial, and institutional zoning districts are subject to the following conditions:

   (a)   Sole Use on a Lot. A wireless telecommunications facility is permitted as a sole use on a lot subject to the following:

      (1)   Minimum lot size - 30,000 square feet

      (2)   Minimum yard requirements

         New Tower: The minimum distance to any single-family or two-family residential use or district lot line shall be 1,000 feet.

          Equipment Shelter: Right-of-way - 50 feet Front/Rear/Side - 15 feet

       (3)   Maximum height:

          Tower: 200 feet (includes antenna)

         Equipment Shelter: 15 feet

      (4)   Maximum size of equipment shelter - 300 square feet for a single shelter, or, if there is more than one, 750 total square feet

    (b)   Combined With Another Use. A wireless telecommunications facility is permitted on a property with an existing use subject to the following conditions:

      (1)   The existing use on the property may be any permitted use in the district or any lawful nonconforming use, and need not be affiliated with the wireless telecommunications provider. The wireless telecommunications facility will not be considered an addition to the structure or value of a nonconforming use.

      (2)   The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic and necessary maintenance (except during construction or an emergency).

       (3)   Minimum lot area - The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment shelter, security fencing, and buffer planting.

       (4)   Minimum yard requirements -

         New Tower: The minimum distance to any single-family or two-family residential use or district lot line shall be 1,000 feet.

         Equipment Shelter: shall comply with the minimum setback requirements for the primary lot.

       (5)   Access - The service access to the equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

       (6)   Maximum height

         Tower: 200 feet (includes antenna)

         Equipment Shelter: 15 feet

      (7)   Maximum size of equipment shelter-300 square feet for a single shelter, or, if there is more than one, 750 square feet

   (c)   Combined With an Existing Structure. Where possible, an antenna for a wireless telecommunications facility shall be attached to an existing structure or building subject to the following conditions:

      (1)   Maximum height - 10 feet or 10% of the building height above the existing building or structure, whichever is greater.

      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located on or attached to the building), the shelter shall comply with the following:

         A.   The minimum setback requirements for the subject zoning district.

         B.   A buffer yard may be planted in accordance with Section 1198.02(d).

         C.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principle use.

         D.   The maximum size of the equipment shelter shall not exceed 300 square feet, or, if there is more than one, 750 total square feet.

(Ord. 399-96. Passed 4-14-97.)

   Wireless telecommunications facilities that include towers are not permitted in single-family or two- family residential districts; with the exception of placement on any property with an institutional use (e.g., church, park, library, municipal/government, hospital, school, utility) located in either of these two districts. However, antennas attached to existing buildings or structures are permitted. In applying for a permit in any residential district, the applicant must present substantial evidence as to why it is not technically feasible to locate in a more appropriate nonresidential zone. Once those efforts have been exhausted, a wireless telecommunications facility may be located in a residential district subject to the following conditions:

   (a)   Fully Automated; Unattended. The wireless telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic and necessary maintenance. This shall also apply to subsections (b) to (e) hereof.

   (b)   Combined With Nonresidential Use. An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district; including, but not limited to a church, a municipal or governmental building or facility, agricultural building, and a building or structure owned by a utility.

      The following conditions shall be met:

      (1)   Maximum height: ten feet above the existing building or structure.

      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter, the shelter shall comply with the following:

         A.   The shelter shall comply with the minimum setback requirements for the subject zoning district.

         B.   The maximum size of the equipment shelter shall be 300 square feet, or, if there is more than one, 750 total square feet.

         C.   A buffer yard shall be planted in accordance with Section 1198.02.

         D.   Vehicular access to the shelter shall not interfere with the parking or vehicular circulation on the site for the principal use.

   (c)   Located on a Nonresidential Use Property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use within the district, including, but not limited to, a church, hospital, school, municipal or government building, facility or structure, agricultural use and utility use, subject to the following conditions:

      (1)   The new tower shall be set back from any property line abutting a single-family or two-family residential lot by 1,000 feet.

      (2)   The maximum height of the tower shall be 200 feet (includes antenna) The maximum height of the equipment shelter shall be fifteen feet.

      (3)   The maximum size of the equipment shelter shall be 300 square feet, or, if there is more than one, 750 total square feet.

      (4)   Vehicular access to the tower and equipment shelter shall, whenever feasible, be provided along the circulation driveways of the existing use.

      (5)   In order to locate a telecommunications facility on a property that is vacant or with an agricultural use, the tract shall be at least 2.5 acres.

   (d)   Located on a Residential Building. An antenna for a wireless telecommunications facility may be attached to a mid-rise or high-rise apartment building subject to the following conditions:

      (1)   Maximum height: ten feet above the existing building.

      (2)   If the applicant proposes to locate the telecommunications equipment in a separate shelter (not located in or attached to the building), the shelter shall comply with the following:

         A.   The shelter shall comply with the maximum setback requirements for the subject zoning district.

         B.   The maximum size of the equipment shelter shall be 300 square feet, or, if there is more than one, 750 total square feet.

         C.   A buffer yard shall be planted in accordance with Section 1198.02(d).

         D.   Vehicular access to the shelter shall, if at all possible, use the existing circulation system.

   (e)   Located in Open Space. A wireless telecommunications facility is permitted on land that has been established as permanent open space or a park subject to the following conditions:

      (1)   The open space shall be owned by the municipality, county, or state government, a homeowners association, charitable organization, or a private, non-profit conservation organization.

       (2)   The maximum height of a new tower shall be 200 feet (includes antenna). The maximum height of the equipment shelter shall be fifteen feet.

       (3)   The maximum size of the equipment shelter shall be 300 square feet, or, if there is more than one, 750 total square feet.

      (4)   The tower shall be set back from any single-family or two-family property line 1,000 feet.

(Ord. 399-96. Passed 4-14-97.)

   A wireless telecommunications facility which includes a tower may be permitted as a conditional use in a multifamily residential or commercial district. In order to be considered for review, the applicant must prove that a newly-constructed tower is necessary in that collocation on an existing tower is not feasible. The following steps must also be taken for the application to be considered for review in this category:

   (a)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.

   (b)   The applicant shall demonstrate that the telecommunications tower must be located where it is proposed in order to service the applicant's service area. There shall be an explanation of why a tower and this proposed site is technically necessary.

   (c)   Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a lease for the proposed facility and that vehicular access is provided to the facility.

   (d)   Any applicant requesting permission to install a new tower shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted providers shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s), as well as response(s), shall be presented to the Planning Commission as a means of demonstrating the need for a new tower.

   (e)   After issuance of a permit to construct a wireless telecommunications facility, the permittee shall begin construction within 180 days and shall complete construction within 360 days or the permit and approval shall expire. As a condition of the permit, the Planning Commission shall require the applicant and the site owner to certify that if construction is not commenced within 180 days or completed within 360 days that the site shall be available for another wireless telecommunications facility.

(Ord. 399-96. Passed 4-14-97.)

   The applicant shall be responsible for all expenses incurred by the City for any legal planning and/or technical engineering services deemed necessary by the Building Commissioner, the Planning Commission, the Architectural Board of Review or City Council to perform the reviews required by this chapter.

(Ord. 399-96. Passed 4-14-97.)

   Wireless communications fees shall be as set forth in Section 185.04(e) of the Administrative Code. (Ord. 177-97. Passed 1-20-98.)

   Whoever violates any of the provisions of this chapter is subject to the penalty provision of the Planning and Zoning Code found in Section 1123.99 unless otherwise specified in this chapter.

(Ord. 399-96. Passed 4-14-97; Ord. 239-08. Passed 12-15-08.)

   The intent of this chapter is to:

   (a)   Extend space or screen undesirable views to reduce the impact of one land use upon another;

   (b)   Increase soil and water retention through landscape requirements;

   (c)   Protect and preserve the appearance and property values of residential uses from the adverse effects of adjoining nonresidential uses and certain multifamily uses;

   (d)   Establish attractive visual landscapes along public roads and promote pedestrian and motor vehicle safety; and

   (e)   Supplement proper land use planning practices.

(Ord. 138-90. Passed 12-16-91.)

   The purpose of this chapter is to promote the health, safety and general welfare of the residents of the City by providing for space requirements and visual screen landscape buffers to remove, reduce, lessen or absorb the shock of impact of incompatible uses of real properties between one use or zone district and another, and to separate motor vehicle traffic from pedestrian traffic.

(Ord. 138-90. Passed 12-16-91.)

   If any of the requirements or standards of this chapter are found to be inconsistent with the standards and requirements found in other chapters of this Zoning Code, the more restrictive or greater requirements shall be deemed in each case to be applicable.

(Ord. 138-90. Passed 12-16-91.)

   As used in this chapter:

   (a)   "Landscaping" means living materials, including, but not limited to, grass, ground covers, shrubs, vines, hedges, trees and nonliving durable material commonly used in landscape development.

   (b)   "Screening" means plant material or other nonliving durable material, including, but not limited to, walls, berms or fencing.

   (c)   "Opacity" means the state of being impervious to rays of light measured by observation of any two square yard area lying between two feet and ten feet from the ground.

   (d)   "Shrub" means a self-supporting, deciduous and/or evergreen species, normally branched near the base, bushy and less than fifteen feet in height, as normally grown in Cuyahoga County.

   (e)   "Tree" means a self-supporting, woody, deciduous and/or evergreen plant with a well-defined central stem, or a species of such plant that normally grows to a height of fifteen feet or more in Cuyahoga County.

   (f)   "Vine" means a plant that normally requires physical support to reach mature form.

   (g)   "Buffer" means an open, unoccupied land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances.

   (h)   "Landscaped buffer" means a buffer that contains landscaping and/or screening materials.

(Ord. 138-90. Passed 12-16-91; Ord. 289-96. Passed 1-21-97.)

   (a)   Materials. A landscaped buffer may include, but shall not be limited to, trees, shrubs, bushes, grass cover, earth berms or a combination thereof.

   (b)   Fences and Walls. Fences may be required as part of a landscaped buffer where a fence is necessary to protect the public health, safety, comfort and quiet enjoyment of those in the affected districts from such nuisances as traffic, noise and light. The Planning Commission shall determine the style, type and size of the fence upon consideration of the circumstances creating the need for the fence. Walls and berms shall be used only in the most unusual cases as one of several options to the developer to fulfill the buffering requirement.

   (c)   Natural Plantings Requirement. Where natural plantings are used to provide a landscaped buffer contiguous to side and rear property lines, such plantings shall provide eighty percent summer opacity and sixty percent winter opacity when viewed from two to ten feet above ground level.

   (d)   Buffering Effect. The desired buffering effect shall be achieved not later than twelve months after the initial installation. The Planning Commission may extend this period of time when a hardship would be created because of expected growth or material shortages, but the Commission shall not extend such period beyond two growing seasons from the time the initial installation was to have been or has been installed.

   (e)   Modification of Requirements. The Commission may modify or change the location of a landscaped buffer area contiguous to side and rear property lines where topographical problems prevent the installation of buffer materials or plantings, if confirmed by the City Engineer.

(Ord. 138-90. Passed 12-16-91; Ord. 289-96. Passed 1-21-97.)

   (a)   When Required. Landscaped buffer areas for rear and side yards shall be mandatory between the Single-Family House District or Two-Family House District and the Multifamily Residential District, and between any existing residential uses or zones and new nonresidential development in an abutting Shopping Center, Retail Business, Office Building, Commercial-Manufacturing, Industrial and Research Manufacturing or Automobile Parking District, nursing homes, and public facilities.

(Ord. 12-93. Passed 4-5-93.)

   (b)   Location. Landscaped buffer areas shall be located on the lot containing the more intensive (higher density) residential land use or, in the case of a residential lot or district abutting a nonresidential use or district, the lot that proposes to contain the nonresidential use or district. In either case, a landscaped buffer shall be placed on the portion of the lot's land area that abuts the less intensive lot or zoning district.

   (c)   Minimum Width. The minimum width of a landscaped buffer shall be as per the following schedule:

 

(Ord. 138-90. Passed 12-16-91.)

   (a)   When Required. This section applies to all uses developed in the City, excluding single-family and two-family dwelling units.

   (b)   Street Buffer Strips. A street buffer strip shall be provided and maintained on each developed property in a location between the sidewalk (where one exists or is proposed) and the curb or pavement edge of an adjacent public road. The entire area between the sidewalk and the curb shall be landscaped with grass and trees or an equivalent landscaping.

   (c)   Perimeter Parking Buffer Strips. In addition to the above requirements, a minimum grass- covered buffer strip of six feet in width with a six-inch high cement curbing is required from the sidewalk (where one exists or is proposed) to any parking area or driveway aisle that is located in a required yard abutting a public road. In addition to grass cover, the perimeter parking buffer strip shall contain a continuous line of evergreen shrubs planted at intervals of no more than five feet on center at an initial height of at least two feet, and a continuous row of trees spaced at intervals of no more than twenty feet on center at an initial height of at least eight feet. Such tree or shrub that covers over three feet in height shall be so located within the perimeter parking strip so as not to obstruct proper sight distance at intersecting parking aisles or where walkways intersect with vehicular driveway aisles.

   (d)   Length of Buffer Strips. Both the street buffer strip and the six-foot wide perimeter parking buffer strip shall be continuous and extend along the entire length of the front lot line that abuts a public right-of-way, except for areas pierced by walkway or driveway aisles to the extent necessary to provide safe ingress to and egress from the property.

(Ord. 138-90. Passed 12-16-91.)

   (a)   When an application for a building permit is made, the Building Commissioner shall determine if any of the landscaping or buffering requirements of Sections 1199.06 and 1199.07, or of any other section of this Zoning Code, must be applied. If he determines that the request comes under a specific landscaping or buffering requirement, the Building Commissioner shall so advise the applicant and shall submit a request to the Planning Commission that the matter be reviewed once the applicant has furnished the Commission with the following material:

      (1)   A copy of the site plan;

      (2)   The topography of the building site and surrounding area; and

      (3)   A complete description of the area and structure to be constructed or modified.

   (b)   The applicant shall provide the Planning Commission with a detailed description and sketch of all proposed buffering and landscaped buffers, preferably prepared by a landscaping expert, which visually and verbally outlines the nature and the effect of the proposed landscaped buffer.

   (c)   The Planning Commission may request photographs or other descriptive data if the Commission deems such data necessary.

   (d)   The Planning Commission shall notify all owners immediately adjacent to the property in question, by regular mail, prior to any meeting at which the landscaped buffer requirements, as set forth in Section 1199.06, will appear on the agenda.

   (e)   Where buffering is required, a building permit shall not be issued by the Building Commissioner until an agreement has been reached between the applicant and the City as to the buffering requirement. The agreement between the City and the owner and/or developer shall include, among other requirements, provisions for the following:

      (1)   Maintenance of the landscaped buffer on the part of the applicant;

      (2)   Replacement procedures for any portion of the landscaped buffer that is, for any reason, no longer viable;

      (3)   Replacement of the landscaped buffer involving plant material that does not extend beyond the next growing season;

      (4)   Replacement of landscape material, such as fences; and

      (5)   Replacement of landscape material within sixty days from the date of notification by the Building Commissioner of noncompliance.

(Ord. 138-90. Passed 12-16-91.)

   (f)   A certificate of occupancy shall not be granted until landscaped buffer requirements have been completed or until the posting of a cash equivalent or a performance bond in an amount determined by an estimate by a landscape contractor and confirmed by the City Engineer and the Building Commissioner.

   If compliance with landscaped buffer requirements is delayed because of the growth season, the bond shall be retained to ensure compliance by the next growing season. Such delay shall not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.

(Ord. 194-92. Passed 9-8-92.)

   Any decision or determination by the Building Commissioner or the Planning Commission pertaining to the requirements of this chapter may be appealed to the Board of Zoning Appeals.

(Ord. 138-90. Passed 12-16-91.)

   Whoever has control of any land or structure whereon or wherein a violation of any of the provisions of this chapter occurs, and any other person who assists in the commission of any such violation, shall be guilty of a separate offense and shall be liable to the penalty provided in Section 1123.99.

(Ord. 138-90. Passed 12-16-91.)