Rocky River City Zoning Code
TITLE ELEVEN
Regulations Applicable to all Districts
1181.01 SUPPLEMENTARY HEIGHT REGULATIONS.
The provisions of the Development Code governing the height of buildings in all districts shall not apply to the following structures and equipment which occupy not more than thirty-five percent (35%) of the roof area of a building, unless a greater percentage of occupation therefor be permitted by the Board of Zoning and Building Appeals:
Chimneys, elevators, bulkheads, skylights, ventilators, air conditioning and other temperature control equipment and other mechanical equipment relating to the operation or construction of the building itself, cooling or water towers, wind turbines, radio or television antennae, theater scenery lofts, domes, stacks, towers or spires so long as such structures and equipment shall not, in whole or in part, be intended for designed for or to permit human occupancy or regular human use or for storage.
1181.03 FAMILY DAY CARE HOME.
This Development Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well being of parents and children. Furthermore, the operation of family day care home shall be in a manner that preserves the residential character of neighborhoods. According to ORC 5104.054, any type B family day-care home, whether certified or not certified by the county director of human services, shall be considered to be a residential use of property for purposes of municipal, county, and City zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where childcare is provided for 1 to 6 children and where no more than three children are under two years of age. For the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate or a certificate of zoning compliance.
1181.05 LOT REGULATIONS.
(a) Required Setbacks to be Maintained. The required setbacks surrounding an existing principal building, which have been counted or calculated as part of a side setback, rear setback, front setback, setback adjacent to street right-of-way, or other open space required by this Code shall not, by reason of change in ownership or otherwise, be counted or calculated to satisfy the setback or other open space requirement for any other principal building.
(b) When one or more buildings, or parts thereof, are constructed or enlarged so as to cross one or more lot lines in the same ownership, all such lots shall be replatted into one lot provided all other zoning and subdivision regulations are met.
(c) Required Lot Area to be Maintained. A parcel of land may be subdivided into two or more parcels, provided all lots resulting from such division shall conform to all the lot area and width regulations of the district in which it is located. A lot of record that conformed to the provisions of this Code or any amendments thereto shall not be reduced in any manner that would make it non-conforming.
1181.07 REQUIREMENTS FOR OWNERS ASSOCIATIONS.
As part of a Cluster Residential Development or other development where a homeowners association, community association, condominium association or similar legal entity/agency shall be created to be responsible for the maintenance and control of common areas, including the required open space, open space easements, private streets, facilities, common drives, etc. The City's Law Director shall determine that, based on documents submitted with the development plan, the association's or agency's bylaws or code of regulations specify the following requirements:
(a) Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium;
(b) The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements;
(c) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments;
(d) The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified and provisions that require all elements on the approved detailed plan, such as but not limited to the landscaping and utilities, to be completed prior to transfer or a performance guarantee has been provided to and approved by the Law Director and the City Engineer;
(e) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including required open space, without (i) an affirmative vote of seventy-five (75) percent of its members, (ii) having established a successor entity to take over said property pursuant to the City's Development Code; and (iii) the approval of the City Council.
(f) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses, and vacant building lots.
(g) A certified copy of all covenants and restrictions, as filed with the Cuyahoga County Recorder's Office, shall be submitted to the Zoning Administrator.
1181.09 PERFORMANCE STANDARDS.
No land, building, or structure in any zoning district shall be used or occupied in any manner to create a dangerous or objectionable condition, substance or element, in such a manner or in such amount to adversely affect the adjoining premises or surrounding area. All uses shall comply with the following performance standards:
(a) Americans with Disabilities Act. All uses shall comply with all applicable requirements of the Americans with Disabilities Act, and all other applicable federal, state, and county regulations.
(b) Lighting and Glare. All exterior lighting and conditions that generate glare shall comply with the requirements of Section 1181.13
, Lighting Regulations.
(c) Heat. No use shall generate heat that is perceptible without the aid of instruments at any point beyond the lot occupied by the use.
(e) Vibration. Vibrations, which are perceptible without the aid of instruments, shall not be permitted beyond the lot occupied by the use generating such vibration.
(f) Odors. No use shall emit malodorous gas or matter that is discernible on any adjoining lot or property.
(g) Air Pollution.
(1) No use shall cause the emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, animals, vegetation, and property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission.
(2) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas or yards shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable treatment.
(h) Fire Hazards. Flammable or explosive materials shall only be permitted in structures having incombustible exterior walls after approval by the Fire Marshall.
(i) Storage Handling. Storage handling and use of flammable liquids shall comply with regulations as set forth in Bulletin No. 30-L of the National Fire Protective Association. Storage of other materials in yards or structures shall comply with other fire protective codes of the City of Rocky River and all parts shall be accessible to firefighting equipment.
(j) Solid Waste. Solid waste, including empty packing crates and other excess materials, shall not be allowed to accumulate on a lot and shall be disposed of on a regular basis and enclosed within a wall or fence, as required by this Code.
(k) Liquid Waste. If liquid wastes are disposed of in containers, they shall be appropriate containers, and the wastes shall be removed from the site on a regular basis. Liquid waste or sewerage shall not be discharged into a reservoir, stream, or other open body of water or into a storm or sanitary sewer except as allowed by other codes of the City of Rocky River, County, State or similar jurisdictional authority.
(l) Noxious, toxic or corrosive fumes. Noxious, toxic or corrosive fumes or gasses shall not be emitted that shall be injurious to the property, vegetation or health of the people residing in any adjacent district.
(m) Radioactive or Electrical Disturbances. Radioactive emissions or electrical discharges shall be confined to the use and lot from which they originate and shall not occur across any lot line.
(n) Infectious and Medical Waste Materials. The storage, incineration, or disposal of infectious or medical waste materials in such a manner or in such quantities as to produce a public nuisance or a hazard to the public health and welfare of the community shall not be permitted.
1181.11 VISIBILITY AT INTERSECTIONS.
Sight Triangles at the Intersection of Two Streets. In any Residential District, on any corner lot, no fence, structure or planting shall be erected or maintained higher than 2.5 feet and eight (8) feet, above the rights-of-way lines, within a clear sight triangle formed by the right-of-way lines of two intersecting streets, and a line drawn between two points, each measuring twenty (20) feet from the intersection of the right-of-way lines. See Figure 1 below.
Figure 1
Visibility at Intersection of Public Streets
 |
1181.13 LIGHTING REGULATIONS.
The purpose of this Section is to control the installation of exterior lighting fixtures to prevent light pollution in the forms of light trespass and glare and to preserve, protect and enhance the character of the City and the lawful nighttime use and enjoyment of property located within the City. Appropriate site lighting, including lights for signs and buildings shall be arranged so as to provide safety, utility and security; and to control light trespass and glare on adjacent properties and public roadways.
(a) Definitions. Terms related to the required exterior lighting standards contained in this Section and this Code shall have the following meanings:
(1) Footcandle. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
(2) Full-shielded or full cut-off type fixture. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
 |
(3) Glare. Direct light that causes annoyance, discomfort or loss in visual performance and visibility.
(4) Light trespass. Light in sufficient quantity that crosses over property boundaries in excess of one (1) foot candle, producing a negative response in persons owning or using the violated space.
(5) Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
(b) Exterior Lighting Plan. A lighting plan is required for all uses that are required to submit a development plan and shall be approved according to the procedures set forth in Chapter 1127, Development Plan Review Procedures. All existing uses on which exterior lighting is installed or changed shall conform to these standards. The lighting plan shall demonstrate compliance with the exterior lighting standards of this sub-section, and shall include the following items:
(1) A site plan showing location of all exterior light fixtures, controllers, and transformers.
(2) Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of-way, north arrow and scale.
(3) Specifications and drawings or photographs for all exterior light fixture types, poles, conduit and appurtenant construction.
(4) Lamp wattage of all proposed luminaires.
(5) Cut sheets for all proposed exterior light fixtures and poles.
(6) Any other information and data reasonably necessary to evaluate the required lighting plan.
(c) General Requirements.
(1) All lighting shall be controlled in such a way as to not shine up into the sky or on any neighboring properties in excess of one (1) foot candle. Examples of ways in which this shall be accomplished when a light trespass of one (1) foot candle or greater exists, are the use of fully shielded cut-off fixtures, directing light fixtures downward rather than upward, or shielding the light in such a way that the light-emitting portion of the fixture cannot be seen at a reasonable distance.
(2) Where used for security purposes or to illuminate walkways, roadways, equipment yards and parking lots, only fully shielded cut-off style light fixtures shall be utilized.
(3) All forms of flashing, rotating, moving, or digital lights shall be prohibited.
(4) The illumination level at the property line of a parcel adjacent to a residence shall not exceed one-foot candle power.
(5) In addition to the requirements to forth in this Section, outdoor light fixtures shall be installed in conformity with all other applicable provisions of the codified ordinances of the City of Rocky River, Ohio.
(6) Where used to illuminate signs or for decorative effects or recreational facilities, such as for building, landscape, or recreational field illumination, all outdoor light fixtures shall be shielded and focused to minimize shining into the sky and upon neighboring properties.
(7) All outdoor light fixtures installed and maintained upon private property within all zoning districts shall be turned off between 11:00 p.m. and sunrise, EXCEPT, subject to the candle requirements of subsection (c) (1) above, when used for security purposes or to illuminate walkways and roadways.
(8) All illuminated signs for commercial and/or industrial purposes shall be turned off between 11:00 p.m. and sunrise, EXCEPT, subject to the candle requirements of subsection (c)(1) above ,that signs may be illuminated while the business facility is open to the public.
(Ord. 3-23. Passed 2-13-23.)
1181.15 HOME OCCUPATION REGULATIONS.
(a) Purpose: The purpose of this Section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the non-residential use of a residential dwelling unit so that the non-residential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit. No home occupation shall be permitted or carried on unless such home occupation complies with all of the following regulations:
(1) No one other than members of the family residing on the premises shall be engaged in such home occupation;
(2) The home occupation shall be conducted wholly within the principal building and shall be incidental and subordinate to the use of the dwelling for residential purposes. Not more than fifteen percent (15%) of the net floor area of the living area of any dwelling shall be used in the conduct of a home occupation;
(3) There shall be no change in the outside appearance of the building or premises, or other visible exterior evidence of the conduct of such home occupation;
(4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in single-family detached dwelling, or outside the dwelling unit if conducted in other than a single-family detached dwelling. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises;
(5) The home occupation shall not attract more than two (2) automobiles to the premises at any time;
(6) The residential character of the dwelling exterior shall not be changed, except that a small, non-illuminated sign of maximum size of two (2) square feet may be permitted;
(7) The home occupation, including the storage of equipment, supplies or any apparatus related to the use shall be conducted entirely within the dwelling unit and no use of any accessory building or yard space shall be permitted except that storage of equipment and supplies may be conducted in a garage to the extent that at all times the number of vehicles for which the garage was designed to accommodate shall be able to be parked in said garage;
(8) No home occupation shall require the daily services of a commercial freight carrier, nor shall the use produce traffic in greater frequency than normally found in the surrounding residential area. This sub-section shall not prohibit those delivery services normally and customarily associated with residential uses; and,
(9) No wholesale, jobbing, or retail business shall be permitted unless it is conducted entirely by mail, telephone, or electronically and does not involve the receipt, delivery, sale or storage of merchandise on or from the premises.
(b) When any home occupation results in an undesirable condition interfering with the general welfare of the surrounding residential area, such home occupation may be terminated by the Zoning Administrator. An undesirable condition may be identified as abnormal traffic, objectionable noise or any other condition not conducive to a residential neighborhood situation.
1181.17 TEMPORARY STRUCTURES IN RESIDENTIAL DISTRICTS.
Temporary structures in residential districts shall comply with the following:
(a) Temporary structures for construction operations, including field offices, storage of materials, and work shops for assembly of components, may be permitted on undeveloped lots, or for use during remodeling or expansion of a residential dwelling, if such structures are found necessary for the construction operations for which a building permit has been issued, provided such temporary structures shall be located at least thirty (30) feet from the nearest occupied residential dwelling and shall be removed within ten (10) days after the completion or discontinuance of the work.
(b) One portable home storage unit which is designed for the temporary storage of household goods, furnishings, and building materials may be placed on a paved off-street surface on private property at least fifteen (15) feet from the right-of-way within any residential district for a period not to exceed fifteen (15) days. An application for a permit shall be filed with the Zoning Administrator prior to placement of any portable home storage unit. A permit fee shall be charged pursuant to the City's adopted Fee Schedule or Ordinance. One fifteen (15) day extension, with an additional permit fee, may be granted by the Zoning Administrator upon a showing of hardship by the applicant. No portable home storage unit use will be permitted beyond two (2) separate times per calendar year, at least six (6) months apart.
1181.19 SOLAR REGULATIONS.
(a) Solar equipment shall only be an accessory use in residential and non-residential zoning districts. Solar panels are a use permitted by right on the roof of any residential building when the panel or panels, at any point, are not less than three (3) feet from the roof line and the total area of the panels does not comprise more than seventy-five (75%) percent of a single roof surface. For the purposes of this section the single roof surface shall include the area of appurtenant structures or other elements, such as dormers. In residential districts, only solar panels shall be permitted on roofs and other solar equipment associated with rooftop solar panels shall not be located in required setbacks or in the front yard.
(1) For all non-residential buildings for both roof and free-standing ground solar structures and panels;
(2) For residential buildings when the size of the panel or panels, are greater than the requisite roof percentage; the panel is installed so it extends closer to the roof line than the permitted standard in sub-section (a) above; or a freestanding structure is proposed. In reviewing such proposed Conditional Use, the Planning Commission shall consider:
(i) Whether or not there are alternative locations in compliance with sub-section (a) and that all these alternatives have been adequately evaluated.
(ii) Whether the proposed panel(s) and their location(s) are designed to minimize any adverse impacts to the neighborhood; and
(iii) Whether the mass of any freestanding structure is the minimum necessary to serve the property.
(c) The provisions of the Ohio Board of Building Standards shall be applied for solar panel regulation when consistent herewith.
(Ord. 90-17. Passed 9-24-18.)
1183.01 INTENT.
Conditional uses are a classification of uses that are determined to generally be compatible in the district in which they are listed as a conditional use. However, this category of uses is so classified because of the need to adequately monitor the proposed use in order to ensure that the use and its operational aspects are indeed appropriate in the specific location in which the use is proposed. Such monitoring is necessary because the external impacts of a particular use are either sufficiently varied or indeterminable in advance, making it possible that, without the Planning Commission's review, a particular use could be inappropriate in certain locations within the district.
These regulations are intended to ensure that conditional uses are reviewed in a reasonable and equitable manner, while safeguarding the property rights of all individuals and the health, safety, and general welfare of the community. Toward these ends, it is recognized that this Development Code should provide for more detailed evaluation of each use listed as a conditional use in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, requirements for public facilities, and traffic generation. In considering a proposed conditional use, the Planning Commission may assign reasonable conditions to ensure that the proposed development is appropriate in the location in which it is proposed. Accordingly, conditional use applications shall conform to the procedures and requirements of Chapter 1131, Conditional Use Certificates.
1183.03 SPECIFIC CONDITIONS FOR CONDITIONAL USES.
In addition to the general criteria established in Section 1131.11
, the following specific conditions shall apply.
(a) Supplementary Conditions and Safeguards. Nothing in these regulations shall prohibit the Planning Commission from prescribing reasonable supplementary conditions and safeguards in addition to the requirements in this Chapter in order to ensure compliance with the criteria set forth in Section 1131.11
.
(b) Conformance with District Regulations. A conditional use shall conform to the regulations of the district in which it is located and to other requirements of this Development Code, as well as satisfy the conditions, standards, and requirements of this Chapter. Whenever there is a difference between the provisions of the conditional use regulations and the district regulations, the provisions of this Chapter shall prevail, unless clearly indicated differently in the regulations.
(c) Overall Development Standards.
(1) No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall comply with the lighting requirements set forth in Chapter 1181, General Use Regulations.
(2) Floodlights, loudspeakers or similar devices shall not be constructed or used in any manner that will cause hazards or annoyance to the public generally or to the occupants of adjacent property.
(3) Landscaping and buffering shall be provided in compliance with Chapter 1185, Landscaping and Screening Regulations.
(4) The proposed use shall not generate excessive noise, odor, dust, or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the district in which the conditional use is proposed.
(5) The conditional use will be designed and constructed so that all access drives, access points to public streets, driveways, parking and service areas shall be in compliance with the regulations set forth in Section 1187.31
, Regulations for Access Drives.
1183.05 CONDITIONAL USES IN SINGLE-FAMILY, TWO-FAMILY, SINGLE- FAMILY ATTACHED, MULTI-FAMILY AND PUBLIC FACILITIES DISTRICTS.
Schedule 1183.05 sets forth regulations governing minimum lot area, minimum lot width and minimum setback requirements for principal and accessory buildings and parking areas for conditional uses in the Single-Family, Two-Family, Single-family Attached, Multi-family, and Public Facilities Districts. Supplemental requirements pertaining to such uses are set forth in Section 1183.11
, and the specific subsections are referenced in Schedule 1183.05, below.
Schedule 1183.05
Regulations For Uses In Single-Family, Two-Family, Single-family Attached, Multi-family, & Public Facilities Districts
Conditional use | Conditional Use in District | Minimum Lot Regulations (1) | Minimum Building Setbacks (1) | Minimum Parking Setbacks (1) | Also See Section | |||
Area | Width | Front | Side/ Rear | Front | Side/ Rear | |||
1. Adult care facility for 6-16 persons | R-1, R-2, R-3, R-4, R-5, R-6 | 20,000 sq. ft. | 100 ft. | (2) | 20 ft. | (3) | 10 ft. | 1183.11(a) |
2. Congregate care facility/nursing home/golden age center | R-4 | (2) | (2) | (2) | (2) | (2) | (2) | 1183.11(d) |
3. Family day care home for 7-12 children (Type A) | R-1, R-2, R-3, R-4, R-5, R-6 | 20,000 sq. ft. | 100 ft. | (2) | 20 ft. | (3) | 10 ft. | 1183.11(g) |
4. Hospital | PF | 2 acres | 200 ft. | (2) | (2) | (2) | (2) | 1183.11(i) |
5. Parking structure | R-4, R-5 | 2 acres | 200 ft. | NP | (2) | NA | NA | 1183.11(m) |
6. Restricted parking lot | R-1, R-2 | 20,000 sq. ft. | (2) | NA | NA | 25 ft. | 25 ft. | 1183.11(u) |
7. Residential facility for 9-16 persons | R-1, R-2, R-3, R-4, R-5, R-6 | 20,000 sq. ft. | 100 ft. | (2) | 20 ft. | (3) | 10 ft. | 1183.11(a) |
8. Utility substation/distri bution facility, indoor | R-1, R-2 | None | None | (2) | 30 ft. | (3) | 10 ft. | 1183.11(r) |
9. Utility substation/distri bution facility, outdoor | R-1, R-2 | None | None | (2) | 30 ft. | (3) | 10 ft. | 1183.11(r) |
(1) All standards contained in the regulations governing specific zoning districts shall apply unless the specific standards set forth in this Chapter are more restrictive. (2) Shall comply with the regulations for the district in which the conditional use is located. (3) Parking spaces for more than 2 vehicles shall be located in the rear yard. NP = Not Permitted | ||||||||
List of Districts: R-1 Single-Family District R-2 Two-Family District R-3 Single-family Attached District R-4, R-5, R-6 Multi-family Districts PF Public Facilities District | ||||||||
1183.07 CONDITIONAL USES IN THE OFFICE AND SERVICE MANUFACTURING DISTRICTS.
Schedule 1183.07 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in the Office and Service Manufacturing Districts. Supplemental requirements pertaining to such uses are set forth in Section 1183.11
, and the specific sub-sections are referenced in Schedule 1183.07, below.
Schedule 1183.07
Regulations For Uses in the Office & Service Manufacturing Districts
Conditional Use | District | Minimum Lot Regulations (1) | Also see Section: | |
Area | Width | |||
1. Bank and other financial institutions with drive-through | OB-1, OB-2 | 1 acre | 125 ft. | 1183.11(c) |
2. Public service/maintenance facilities | SM | 2 acres | 200 ft. | 1183.11(n) |
3. Parking structure | OB-1, OB-2 | 2 acres | 200 ft. | 1183.11(m) |
4. Utility substation/ distribution facility, indoor | SM | (2) | (2) | 1183.11(r) |
Notes to Schedule 1183.07 (1) All standards contained in the regulations governing specific zoning districts shall apply unless the specific standards set forth in this Chapter are more restrictive. (2) Shall comply with the regulations for the district in which the conditional use is located. | ||||
List of Districts: OB Office Building Districts SM Service Manufacturing District | ||||
1183.09 CONDITIONAL USES IN THE BUSINESS DISTRICTS.
Schedule 1183.09 sets forth regulations governing minimum lot area and minimum lot width requirements for conditional uses in the Central Business Mixed Use, Local Business, and General Business Districts. Supplemental requirements pertaining to such uses are set forth in Section 1183.11
, and the specific sub-sections are referenced in Schedule 1183.09, below.
Schedule 1183.09
Regulations For Uses in the Business Districts
Conditional Use | District | Minimum Lot Regulations (1) | Also See Section: | |
Area | Width | |||
1. Assembly hall | CBD, MX | (2) | (2) | 1183.11(b) |
2. Auditorium | CBD | 1 acre | 150 ft. | 1183.11(b) |
3. Car Wash | GB | 2 acres | 125 ft. | 1183.11(c) |
4. Commercial recreation, indoor | GB | 1 acre | 150 ft. | 1183.11(e) |
5. Commercial recreation, outdoor | GB | 2 acres | 200 ft. | 1183.11(f) |
6. Conference center | MX | 1 acre | 150 ft. | 1183.11(b) |
7. Cultural institution | CBD, MX | 1 acre | 150 ft. | 1183.11(b) |
8. Drive-thru facility in association with a permitted use | LB, GB, MX | 1 acre | 125 ft. | 1183.11(c) |
9. Freestanding automated teller machine or drive-thru | LB | 1 acre | 125 ft. | 1183.11(c) |
10. Health Club | LB | 1 acre | 125 ft. | 1183.11(h) |
11. Hotel/motel | CBD | (2) | (2) | 1183.11(b) |
12. Library | CBD, MX | (2) | (2) | 1183.11(b) |
13. Live-work unit | CBD | (2) | (2) | 1183.11(j) |
14. Medical/dental/health services clinic | LB | 1 acre | 125 ft. | 1183.11(k) |
15. Membership clubs | CBD, MX | (2) | (2) | 1183.11(b) |
16. Motor vehicle sales and rental | GB | 2 acres | 200 ft. | 1183.11(l) |
17. Parking structure | CBD | 2 acres | 200 ft. | 1183.11(m) |
18. Place of worship/church | CBD, MX | 2 acres | 200 ft. | 1183.11(b) |
19. Restaurant, outdoor dining | CBD | (2) | (2) | 1183.11(o) |
20. School, specialty/personal instruction | MX | (2) | (2) | 1183.11(w) |
21. Self-storage facility, indoor | GB | 2 acres | 200 ft. | 1183.11(p) |
22. Service establishment, business | MX | (2) | (2) | 1183.11(v) |
23. Single-family dwelling, attached | CBD, LB, GB | 2 acres | 200 ft. | 1183.11(q) |
24. Theater, indoor | MX | (2) | (2) | 1183.11(b) |
25. Utility substation/distribution facility, indoor | CBD, LB, GB | (2) | (2) | 1183.11(r) |
26. Vehicle repair garage | GB | 2 acres | 200 ft. | 1183.11(s) |
27. Veterinary office, animal hospital | LB | (2) | (2) | 1183.11(t) |
28. Electronic Message Board | LB, GB, MX, CBD | (2) | (2) | 1193.07(e) |
Notes to Schedule 1183.09 (1) All standards contained in the regulations governing specific zoning districts shall apply unless the specific standards set forth in this Chapter are more restrictive. (2) Shall comply with the regulations for the district in which the conditional use is located. | ||||
List of Districts: CBD Central Business District LB Local Business District GB General Business District | ||||
(Ord. 64-23. Passed 10-23-23.)
1183.11 SUPPLEMENTAL REGULATIONS FOR CERTAIN USES.
(a) Adult Care Facility for Six (6) to Sixteen (16) Persons & Residential facility for 9-16 persons.
(1) All activities, programs and other events shall be directly related to the conditional use applied for and as it is granted, and any changes from the approved conditional use shall be reviewed and approved by the Planning Commission according to the procedures in Chapter 1131. All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(2) The architectural design and site layout of the facility and the height of any walls, screens, or fences connected with any said facility shall be compatible with adjoining land uses and the residential character of the neighborhood.
(3) The applicant shall demonstrate that adequate qualified supervision will exist in the home on a 24-hour per day basis.
(4) The applicant shall comply with the applicable parking regulations of the Development Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors. The use of alternative pavements such as brick pavers or porous pavement is encouraged to retain the residential character in these Districts. Parking for visitors and employees shall be located behind the front building line, except as provided in Schedule 1183.05. An exception to this requirement may be granted due to the shallow depth of the parcel, the location of mature trees, or other similar factors.
(5) The facility shall meet local fire safety and building code requirements for the proposed use and level of occupancy.
(6) Evidence shall be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the facility's conditional use approval.
(7) In considering whether to grant the conditional use, the Planning Commission shall take into consideration the proximity and location of other such facilities within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use, but in no event shall such a facility be closer than 1,000 feet from where an adult care or residential facility is located. Separation distances are measured from property line to property line by the shortest distance.
(b) Assembly hall, auditorium, membership club, conference center, cultural institution, hotel/motel, library, place of worship/church, theater, conference center.
(1) All activities, programs and other events shall be directly related to the conditional use so granted.
(2) The proposed use shall not generate excessive noise beyond the premises.
(3) In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(4) Associated uses, such as but not limited to a convent; residence; or cafeteria, shall be located on the same zoning lot as the principal use and comply with the building setback requirements for principal buildings set forth in this Development Code.
(5) Such establishment should be located so as to minimize the amount of space located in a retail setting that is inactive during normal business hours. Such facilities are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district, except that such establishments shall be located on the upper floor of buildings along streets or provide retail uses near the street or sidewalk.
(c) Bank and other financial institutions with drive-through, Drive-thru facility in association with a permitted use, Freestanding automated teller machine or drive-thru, Car washes.
(1) Such facilities shall be located on an arterial or collector street in an area least disruptive to pedestrian and vehicular traffic.
(2) Any proposed loudspeaker system shall be approved as part of the development plan.
(3) All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.
(4) Such facilities shall comply with the regulations in Section 1187.23
, Off-street Waiting Spaces for Drive-thru Facilities.
(5) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(6) If compliance with any condition set forth within this Section ceases at any time after initial approval, the City of Rocky River may rescind that approval and order the drive-through service to be discontinued.
(7) Any drive-through service shall not decrease the number or size of parking spaces required for the principal use in Chapter 1187.
(8) The hours of operation for any drive-through facility shall not begin before 7:00 A.M. nor end later than 11:00 P.M. for any site adjacent to any residential district.
(9) Any drive-through service shall create no more than 40 dBA at the property line.
(d) Congregate care facility/Nursing home/Golden age center.
(1) Loading areas and staging areas to be used by ambulances shall be sited in such a way so as to minimize the impact on the surrounding land uses, and such areas shall comply with the minimum building setbacks.
(2) Per Section 1157.19
(b), trash receptacles must be in the side or rear yard, but the Planning Commission may require an alternative location, where necessary, due to the proximity of residential uses.
(e) Commercial recreation, indoor.
(1) The proposed use shall not generate excessive noise beyond the premises.
(2) In order to minimize any negative effects from the above referenced noise, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(3) Buildings in which dance floor/entertainment is provided shall be located a minimum of 100 feet from a residential district.
(4) The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(5) Points of ingress and egress to the site shall be minimized and placed in such a way as to maximum safety, maximize efficient traffic circulation, and minimize the impact on the surrounding area.
(6) Only retail uses that are customary accessory and incidental to the principal use shall be permitted. Included as such retail uses are refreshment stands, souvenir stands, concession stands, and an office.
(7) Such uses shall be located on an arterial or collector street or have direct access to an arterial or collector street.
(f) Commercial recreation, outdoor.
(1) The Planning Commission may require active recreation areas to be enclosed by a fence having a minimum height of five (5) feet.
(2) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(3) Rifle ranges, skeet shooting ranges, pistol ranges, and other activities involving the use of firearms shall not be permitted.
(4) All activities, programs and other events shall be directly related to the conditional use so granted, and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
(5) An adequate number of public restrooms shall be provided and maintained.
(6) Vehicular approaches to the property shall be designed so as not to create an interference with traffic on surrounding public streets or roads.
(7) The Planning Commission may limit the hours of operation to ensure that the proposed use is compatible with the surrounding uses.
(8) Golf courses, including tees, fairways, greens and golf driving ranges shall be designed and landscaped in such a manner as to reasonably prevent a misfired ball from landing out of the golf course.
(9) Only retail uses that are customary accessory and incidental to the principal use shall be permitted. Included as such retail uses are refreshment stands, souvenir stands, concession stands, and an office.
(g) Family day care home.
(1) The applicant shall comply with the applicable parking regulations of the Development Code and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors. The use of alternative pavements such as brick pavers or porous pavement is encouraged to retain the residential character in these Districts. Parking for visitors and employees shall be located behind the front building line. An exception to this requirement may be granted due to the shallow depth of the parcel, the location of mature trees, or other similar factors.
(2) A paved off-street drop-off area and pick up area shall be provided.
(3) This facility shall be located at least 1000 feet from another such facility, an adult care facility for six (6) to sixteen (16) persons, or a residential facility for nine (9) to sixteen (16) persons. Separation distances are measured from property line to property line by the shortest distance.
(4) A copy of the site plan and descriptive plan of operation submitted to the applicable State agency shall be submitted as part of the application.
(5) Exterior lighting shall be residential in character and compatible with the surrounding neighborhood.
(6) No exterior changes shall be made that are non-residential in character.
(h) Health club.
(1) All activities, programs, and other events shall be directly related to the approved conditional use permit and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(2) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(3) In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(i) Hospital.
(1) Such use shall be located on an arterial or collector street.
(2) Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas are located in the side or rear yard in off-street parking areas. The areas devoted to the outdoor storage of such vehicles shall be enclosed with a fence having a minimum height of six (6) feet that shall be screened pursuant to the regulations in the applicable zoning district.
(3) Applicants must clearly demonstrate that the use will be compatible with the surrounding land uses, particularly with regard to traffic circulation, parking, noise, and appearance.
(4) Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.
(5) The location, dimensions, and design concept of any proposed signage should be provided at the time of the conditional use permit application.
(6) Loading and emergency entrance areas shall be sited in such a way so as to minimize the impact on the surrounding land uses.
(j) Live-work unit. The specific regulations for a live-work unit shall be as follows:
(1) The workspace shall occupy less than fifty percent (50%) of the dwelling unit's gross floor area.
(2) The occupant of the dwelling unit shall be the owner and primary person involved in the business or activity.
(3) Not more than one (1) full-time equivalent, non-resident employee may be employed in the live-work space.
(4) A detached garage or shed may be used for the live-work activity, provided no off-street parking spaces are removed or displaced as a result of the live-work activity.
(5) There shall be no outdoor storage of equipment or materials used for the live-work activity.
(6) In no way shall the appearance of a residential structure be altered or the activity within the residence be conducted in such a manner that changes the essential character of the dwelling.
(7) No live-work activity shall be operated in such a manner as to create offensive noise, vibration, smoke, or other particular matter, heat, humidity, glare, electronic interference, or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.
(8) No retail business shall be permitted unless it is conducted entirely by mail, telephone, or computer and does not involve the receipt or sale of merchandise from the premises. No direct sales to patrons or merchandise pick up shall be permitted on the site
(9) Signs shall be permitted in accordance with the sign regulations for the applicable zoning district.
(10) Parking shall be required in compliance with the applicable zoning district. These parking requirements shall be applied in a manner that considers each live-work unit as a single dwelling unit and that measures the floor area of the work space exclusive of the area devoted to living space.
(11) Any conditional use application to establish a live-work unit or to change the use of a live-work unit shall specifically identify the nature of the work activities, the hours of operation, whether or not there will be one full-time employee or multiple part-time employees, and the number and type of expected deliveries. The application shall also include a floor plan that identifies those areas of the dwelling unit to be used as living space and those areas to be used as work space. The floor plan shall include the nature and location of equipment.
(12) Live-work units shall only be permitted in the following locations in the CBD District.
(13) During the conditional use review process, the appropriateness of each proposed business will be evaluated to determine if it is appropriate in the proposed location using the following criteria:
A. Traffic generated;
B. Proposed alterations to the existing structure considering the surrounding built environment;
C. Surrounding land uses;
D. The classification of the street (i.e. a local, collector street) upon which the proposed site has its primary vehicular access;
E. Amount of parking required and the ability of the proposed site to accommodate such parking without negatively impacting the character of the surrounding area;
F. The proximity of non-residential land uses; and,
G. The type of structure to be used for a live-work unit.
(k) Medical/dental/health services clinic.
(1) Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
(2) Loading areas shall be sited in such a way so as to minimize the impact on any surrounding residential uses. Sufficient screening meeting the standards in 1185.13, Screening of Accessory Uses, shall be provided to screen and diffuse noise impacts on adjacent residences.
(l) Motor vehicle sales and rental.
(1) Service garage, leasing department, and other activities customarily incidental to a full service franchised automobile dealer shall be permitted as accessory to the sale of motor vehicles provided these activities are conducted in a wholly enclosed building.
(2) Only the repair of vehicles customarily associated with the permitted vehicle sales shall be permitted and shall be conducted entirely inside a suitable building.
(3) No junk or inoperative vehicles shall be permitted to remain outside on the property for more than 72 hours.
(4) Display areas for vehicles for sale shall be located on a paved surface and shall be setback a minimum of twenty (20) feet from any public right-of-way. The outdoor display area for vehicles shall comply with the other applicable parking setback requirements for the district in which the lot is located or be at least ten (10) feet, whichever is greater.
(5) Lighting for all areas used for the outdoor display of motor vehicles shall be reviewed by the Planning Commission to insure that surrounding uses are not negatively impacted by the proposed site lighting.
(m) Parking Structure.
(1) Parking structures shall comply with the required setbacks for principal building in the zoning district, except that in the R-4 and R-5 Districts, parking structures shall not be permitted in the front yard.
(2) The facility shall be located on a collector or an arterial street.
(3) Compatibility. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation and parking.
(4) Building design. The building shall be designed to be compatible with surrounding development. Considerations include design elements that break up long, monotonous building walls and any other design elements that are compatible with the desired character of the District.
(5) Public street facades. The design and layout of the street side of the site shall provide a varied and interesting facade. The ground floor shall be differentiated from the upper floors by stepping back the upper floors; changing materials between the ground and upper floors; and/or including a continuous cornice line or pedestrian weather protection elements, such as awnings. Facades shall be varied using one or more of the following methods: varying the arrangement, proportioning, or design of façade openings; incorporating changes in architectural materials, including texture or color; or projecting or recessing portions or elements of the façade.
(6) Landscaping. The landscaping on the site shall provide an appropriate transition to residential districts, separates and buffers the building from uses in abutting residential districts, and provides visual relief from stark, linear building walls.
(n) Public service/maintenance facility. Outdoor storage of fleet vehicles used in the operation of the facility may be permitted provided such storage areas are located in the side or rear yard on a paved surface and are screened in accordance with Chapter 1185, Landscaping & Screening Regulations. Areas devoted to outdoor storage of fleet vehicles shall comply with all side and rear parking setbacks in the applicable zoning district, or ten (10) feet whichever is greater.
(o) Restaurant, outdoor dining. Restaurants shall be permitted to operate outdoor dining on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. The following standards shall apply to outdoor eating areas:
(1) If outdoor dining is proposed to be in the public right-of-way, a permit shall be obtained from the Safety Service Director before a zoning certificate is issued.
(2) Planters, fencing, or other devices shall be used as a way of defining the area occupied by the outdoor dining.
(3) Extended awnings, canopies, or large umbrellas shall be permitted if located to provide shade or cover.
(4) The operators of outdoor dining shall maintain a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of cafe activity.
(5) The outdoor seating area shall be used in conjunction with, and is under the same management and exclusive control of, a restaurant located on the same or contiguous property.
(p) Self-storage facility, indoor.
(1) The leases for all self-storage units shall include clauses prohibiting the following:
A. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
B. The use of property for uses other than dead storage.
(2) The Fire Department shall be provided with 24-hour access to the grounds. A lockbox shall be provided for its use.
(3) The maximum size of individual storage compartments shall be 500 square feet.
(4) Such uses should be located on an arterial or collector street.
(5) No door openings shall be constructed facing any residential zoning district. The Planning Commission may grant an exception to this regulation due to the shape of the parcel, the location of surrounding structures and utilities, and the location of access points. If the Commission grants such an exception, a twenty (20) foot buffer yard shall be provided along the residential zoning district boundary. In this buffer yard, a six (6) masonry wall shall be provided.
(6) Ornamental fencing is permitted and encouraged in the front of the building. No fence shall be topped with barbed wire or sharp edged materials.
(7) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, or merchandise is prohibited, unless specifically approved by the Planning Commission during the application process for the requested conditional use.
(8) No activities, such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from the self-storage units.
(q) Single-family dwelling, attached.
(1) In the CBD Districts, single-family attached dwellings shall only be permitted in the following locations in the CBD District and shall conform to the regulations in Chapter 1155, Single-family Attached District Regulations, except that the maximum setback adjacent to public rights-of-way shall be fifteen (15) feet.
(2) In the LB and GB Districts, single-family attached dwellings shall conform to the regulations in Chapter 1155, Single-family Attached District Regulations.
(r) Utility substation/distribution facility, indoor and outdoor.
(1) Public utility structures, including substations, shall be permitted as a conditional use only when the distribution of service is essential to the immediate neighborhood or when topological features restrict the location of such facility.
(2) Natural or man-made barriers shall be provided to lessen any intrusion into a residential area.
(3) Storage of materials shall be within a completely enclosed building.
(4) Substations, as measured from the outermost edge of the facility, shall be located a minimum of fifty (50) feet from any residential property line.
(5) Wireless telecommunication facilities shall comply with Chapter 1191.
(s) Vehicle Repair Garage.
(1) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(2) Vehicle parking areas, vehicle storage areas, maneuvering lanes and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site.
(3) No oil draining pit or visible appliance for any such purpose, other than filling caps, shall be located within ten (10) feet of any street right-of-way or within twenty-five (25) feet of any residential district, except where such appliance or pit is within a building.
(4) Repair services shall only take place within an enclosed building.
(5) No vehicle shall be parked at the site for the purpose of sale.
(t) Veterinary office, animal hospital.
(1) Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance.
(2) Screening shall be provided pursuant to Section 1185.11
, Buffering and Screening Between Districts and Uses.
(3) Facility shall be operated in accordance with all applicable State of Ohio and County Health Code regulations.
(4) Facility shall properly manage animal waste, pursuant to applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners.
(u) Restricted parking lot.
(1) The parcel of property to be used as a restricted parking lot shall be located adjacent to a non-residential district.
(2) The restricted parking lot shall be used solely for the parking of passenger vehicles and shall not be used for repair work, vehicle servicing, loading of any kind, or the erection of advertising signs of any kind on the lot. The restricted parking lot shall not be used for the parking of commercial motor vehicles.
(3) The parking lot shall be closed between 11:00 p.m. and 7:00 a.m., unless otherwise modified by the Planning Commission.
(5) Where the front and side setback requirements of the zoning district in which the restricted parking lot is located are more restrictive than those specified in Schedule 1183.05 above, then the more restrictive setback requirements shall apply in addition to the screening and landscape requirements specified in this sub-section.
(6) The Planning Commission shall impose such further restrictions as may be deemed necessary and appropriate in order to reduce the adverse effect of a restricted parking lot upon the preservation of the residential character and development of the residential district in which the parking lot is proposed to be located.
(v) Service Establishment, business. Such establishments shall be permitted only when:
(1) Part of a multi-establishment building, in which the majority of the uses are permitted by right in the MX District; or,
(2) When such an establishment is the principal or main use in a building, it shall only be permitted when part of a multi-building development whose principal or main uses are permitted by-right in the MX District.
(w) School, specialty/personal instruction.
(1) All activities shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(2) All activities, programs, and other events shall be directly related to the approved application and shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents, or to the community in general.
(3) The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may impose additional noise reduction measures, including mounding, landscaping and sound barriers, to ensure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District and the surrounding area.
(4) Such establishments shall be permitted only when:
A. Part of a multi-establishment building, in which the majority of the uses are permitted by right in the MX District; or,
B. When such an establishment is the principal or main use in a building, it shall only be permitted when part of a multi-building development whose principal or main uses are permitted by-right in the MX District.
1185.01 INTENT.
The preservation of existing trees and vegetation, as well as the planting of new trees and vegetation, can significantly add to the quality of the physical environment in the City of Rocky River. The regulations contained below are designed to provide for the health, safety, and welfare of the residents of the City by:
(a) Promoting the proper utilization of landscaping and screening as a buffer between certain land uses to minimize the possibility of nuisances including potential noise, glare, and the visual clutter associated with parking and service areas;
(b) Providing interruption of large expanses of vehicular use areas and reduction of reflected heat and glare through the implementation of interior and perimeter vehicular use area landscaping.
(c) Improving the appearance of off-street parking areas and vehicular use areas and properties abutting public rights of way;
(d) Providing areas of permeable surfaces in order to:
(1) Allow the infiltration of surface water into groundwater resources;
(2) Reduce the quantity of storm water discharge, which helps to reduce the hazards of flooding and aids in the control of erosion and storm water runoff;
(3) Preserve air quality through the preservation and replacement of trees and significant vegetation removed in the course of development;
(4) Improve the quality of storm water discharge.
(e) Establishing minimum standards for the consistent appearance of plant material in the community landscape.
(f) Providing physiologically, psychologically, sociologically, and aesthetically necessary counterpoints to the man-made environment; and,
(g) Protecting, preserving, and promoting the aesthetic character valued by the residents of the City of Rocky River.
1185.03 SCOPE OF APPLICATION: COMPLIANCE NECESSARY FOR DEVELOPMENT PLAN APPROVAL.
(a) The provisions of this Chapter shall apply to:
(1) All new development on vacant land that requires the submission of a development plan and issuance of a Zoning Certificate or building permit. The required landscaping shall be so indicated on plans submitted as part of the application.
(2) The entire site of existing development when substantial expansion or alteration is conducted. An alteration or expansion of an existing property is substantial when:
A. The expansion of an existing building exceeds twenty-five percent (25%) of the gross floor area of the existing building.
B. The expansion of the vehicular use area exceeds twenty-five percent (25%) of the total existing vehicular use area.
C. The land area of the development site is increased by twenty percent (20%) or more.
(3) The portion of a developed site devoted to the expansion or alteration of an existing building, structure or vehicular use area when such site is not governed by subsection 1185.03(a)(2) above. The minimum landscaping and screening required by this Chapter shall be provided to the extent of the alteration or expansion, but not for the entire property of which the alteration or expansion is a part.
(b) Single-family detached dwellings, single-family detached grouped dwellings, and two-family residences shall be exempt from the requirements of this Chapter.
(c) The requirements of this Chapter are minimum landscaping requirements, and nothing herein shall preclude a developer and the City from agreeing to more extensive landscaping.
(d) All requirements of Chapter 945 of the Codified Ordinances of the City of Rocky River, Tree Planning and Management, shall be applicable.
1185.05 DEFINITIONS.
Terms related to required landscaping and screening shall have the following meanings:
(a) Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
(b) Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken at diameter-at-breast-height.
(c) Diameter-at-breast-height (DBH). The diameter of a tree trunk measured in inches at a height 4.5 feet above ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point below the split.
(d) Large Tree. A living tree with a DBH measurement at maturity of at least six (6) inches.
(e) Shade Tree. A tree with foliage that usually sheds annually and is planted primarily for its high crown of foliage or overhead canopy.
(f) Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
(g) Small Tree. A living tree with a DBH measurement at maturity of at least four (4) inches.
1185.07 LANDSCAPING ALONG THE STREET FRONTAGE AND PARKING SETBACK.
In addition to the requirements on sub-section 1185.09
(c), all areas within the required setback adjacent to a street right-of-way as well as the front or corner building and/or parking setback, excluding driveway openings, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments:
(a) Three (3) large deciduous trees shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.
(b) Twenty shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.
(c) All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.
(d) Trees and shrubs may be aggregated appropriately, as approved by the Planning Commission.
(e) Whenever the building setback is five (5) feet or less, these requirements shall not apply.
1185.09 SCREENING AND LANDSCAPING OF PARKING LOTS.
(a) Landscaping on the Interior of Parking Lots: Interior landscaping of parking lots shall be provided in accordance with the following requirements.
(1) For any parking area designed to accommodate twenty (20) or more vehicles, a minimum of five percent (5%) of the parking lot shall be planted as landscaped island areas, developed, and reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and provide visual and climatic relief from broad expanses of pavement, except perimeter plantings may be used to satisfy the requirements in this Section when parking facilities are less than sixty-two (62) feet in width.
(2) Each interior landscaped area shall be no less than 100 square feet. The minimum width for each area shall be ten (10) feet. In all cases, the minimum distance from a tree to the back of curb shall be four (4) feet;
(3) Within the landscaped islands, there shall be provided one shade tree for every 10 parking spaces. Each landscape island shall have at least one (1) shade tree.
(4) Shrubs or low, spreading plant materials may be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.
(5) If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Planning Commission shall have authority to permit consolidation and relocation of these landscaped areas on the building site.
(6) Landscaped areas along the perimeter of the parking area, or in any part of a yard, shall not be counted as interior parking lot landscaped areas, except as provided for in sub-section (1) above.
(7) If a landscaped island exceeds fifty (50) linear feet, one shade tree shall be planted per fifty (50) feet of length.
(8) For the purpose of this Section, the area of a parking lot shall be the total vehicular use area within the perimeter of the parking lot, including the landscaped islands, parking spaces and all circulation aisles except those with no parking spaces or landscaped islands located on either side. See Figure 1, Parking Lot Interior Calculation.
Figure 1. Parking Lot Interior Calculation.
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(b) Perimeter Landscaping Requirements. In addition to the requirements of sub-sections 1185.09
(a) and 1185.09
(c) hereof, perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way. A landscaped strip, which is the depth of the minimum parking setback set forth in this Development Code for the district in which the lot is located, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, shall be located between the parking area and the abutting property lines. One large deciduous or two, small shade trees for each forty (40) lineal feet shall be planted in the landscaping strip. However, this does not mean that shade trees must be located forty (40) feet on center or be spaced forty (40) feet apart. This landscaping strip shall be landscaped open space free of any wall, fence, embankment and/or walkway. Such wall, fence, etc. may exist or be constructed on the edge of such landscape strip. The requirements of this section shall not apply where planting is required for screening pursuant to Section 1185.11
, Buffering and Screening Between Districts and Uses.
(c) Screening Along Public Streets. In addition to the requirements of sub-sections 1185.09
(a) and 1185.09
(b) hereof, whenever parking areas consisting of five (5) spaces or more abut or are located within forty (40) feet of a public street, a buffer yard, which is the depth of the minimum parking setback set forth in this Development Code for the district in which the lot is located, except as otherwise regulated in Chapter 1183, Conditional Use Regulations, and screening shall be provided and maintained between the parking area and the street right-of-way line. This screening shall be any combination of ornamental fencing or a brick wall and landscaping such that a solid, continuous visual screen is provided, unless additional requirements are mandated elsewhere in this Development Code. When landscaping is utilized in combination with ornamental fencing, trees and/or shrubs, such materials shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. The requirements of this subsection shall not apply where planting is required for screening pursuant to subsection 1185.11(c)(5).
(1) All shrubs, at the time of planting, berms; walls; and fences shall have a minimum height of three (3) feet, measured from the highest finished grade of the parking area.
(2) Such landscaping and/or screening shall be located parallel to and within five (5) feet of the edge of the parking lot.
(3) Where trees are included in the screening of parking areas, a minimum distance of four (4) feet shall be provided between the edge of pavement or back of curb and tree plantings.
1185.11 BUFFERING AND SCREENING BETWEEN DISTRICTS AND USES.
(a) Intent. The intent of this Section is to establish provisions for a visual screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other objectionable activities conducted on a given lot.
(b) Screening. Screening, as required by the provisions of this Code, shall be of such nature and density that it will screen the activities on the lot from view from the normal level of a first story window on an abutting lot.
(c) When Required. A buffer yard shall be required when:
(1) A lot in any Business, Office, Public Facilities or Mixed Use Overlay District abuts a Residential District;
(2) A lot in the Multi-family, Golden Age, or Single-family Attached District abuts a Single-Family or Two-Family Residential District;
(3) A lot in a Residential District is devoted to a non-residential, conditional use;
(5) When any wall of a non-residential building in a Business, Office, Public Facilities, or Mixed Use Overlay District faces or is across the street from a Residential District, screening shall be installed along the full length of such street frontage. No screening shall be required when the Business, Public Facilities, or Mixed Use Overlay District lot is either not in use or is used for residential purposes.
(d) Width of Buffer Yard. The width of the buffer yard shall be equal to the applicable parking set back set forth in the applicable zoning district or fifteen (15) feet, whichever is greater.
(e) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use and abutting the zoning district line or lot line of lower intensity use. However, the buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if both sides of the zoning district line and the entire buffer yard width are within common ownership and a permanent easement is provided over any portion of the buffer yard not within the higher intensity zoning district. If a buffer yard is located in a residential development that has an owners' association or other similar legal entity, all buffer yards shall be located in open space owned by the association or in an open space easement controlled by the owners' association.
(f) Buffer Yard Abutting an Adjacent Jurisdiction. When property lines abut an adjacent jurisdiction, the Planning Commission shall determine the specific screening and buffering requirements along that property line after consideration of the zoning designation and or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the City of Rocky River.
(g) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or does not have a minimum height of six (6) feet along the entire length of the common boundary at the time of occupancy, except as provided for in sub-section (g) (3) (B) below, screening shall be installed in compliance with the following:
(1) Screening Materials. Screening design and development shall be compatible with the existing and proposed land use and development character of the surrounding land and structures. Screening within the buffer yard shall consist of one or more or combination thereof of the following:
A. A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center, and the planting pattern shall be staggered. Shrubbery shall be more closely spaced.
B. Non-living opaque structures, such as a solid masonry wall, that is compatible with the principal structure or a solid wood fence together with a landscaped area at least fifteen (15) feet wide. For solid fences, fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and they shall be maintained in good condition, be structurally sound, and attractively finished at all times.
C. An ornamental fence with openings through which light and air may pass together with a landscaped area at least fifteen (15) feet wide. A chain link fence shall not be permitted.
D. A landscaped mound or berm with no more than a 2.5:1 slope.
(2) Installation of Screening. Screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.
(3) Height of Screening. The height of screening shall be in accordance with the following:
A. Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls shall be a minimum of six (6) feet high measured from the natural grade on any adjacent residential lot, except as set forth in sub-section B. below.
B. Whenever the required screening is located within a front yard or within twenty-five (25) feet of a parking lot, drive, or driveway entrance, the required screening shall not exceed a height of three (3) feet.
C. When used alone, vegetation shall be a minimum of six (6) feet high, as measured from the natural grade on any adjacent residential lot, in order to accomplish the desired screening effect. The required height shall be achieved no later than one (1) year after the initial installation.
(h) Modifications to Buffering and Screening Requirements. Buffer yards required by this Chapter shall be applied equally to all similarly situated properties. The Planning Commission is empowered to modify the above buffer yard and screening requirements when it determines that:
(1) Natural land characteristics, such as topography or existing vegetation on the proposed building site, would achieve the same intent as this Section.
(2) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening and buffering effect.
(3) The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.
(4) The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity.
(5) It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances that have taken place since the adoption of the Master Plan and this Code.
(Ord. 48-09. Passed 5-24-10.)
1185.13 SCREENING OF ACCESSORY USES.
Screening of accessory uses shall be provided according to the following:
(a) Trash Collection Areas.
(1) Trash and/or garbage collection and service areas shall be enclosed on all sides by a solid wall or fence and a solid gate at least 1 foot higher than the highest refuse container in the collection area if such area is not within an enclosed building or structure, but in no case shall the wall or fence be less than six (6) feet in height. Such solid wall or solid fence shall be situated so as to screen the view of the collection area from adjacent roads and properties. Such wall or fence shall be constructed of wood, brick, decorative concrete, split face block, or stone. These enclosures are to be located at least five (5) feet from the property line, unless otherwise specifically regulated in this Code.
(2) Screening material placed around any trash and/or garbage collection and service areas, which is regularly emptied or removed mechanically shall be protected to prevent damage to the screening when the container is moved or emptied. Curbing may be required for this purpose and shall be at least one (1) foot from the screening material.
(b) Ground-mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen plant material so that within four (4) years the equipment is completely obscured from view.
(c) Landscaping. No interior landscaping shall be required within an area screened for accessory uses.
1185.15 GENERAL REQUIREMENTS, INSTALLATION AND MAINTENANCE.
Areas within the setback and all other portions of the lot not covered by permitted structures or impervious surfaces shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.
(a) Installation.
(1) Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet, unless otherwise specified.
(2) When this Chapter permits a small tree, such tree shall have a minimum caliper of two (2) inches and a clear trunk height of at least five (5) feet at the time of installation.
(3) If installation of plantings is not completed in a planting season, then landscaping shall be installed during the next planting season.
(b) Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.
(c) Screening. All screening and buffer yards shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.
(d) Parking. Vehicle parking shall not be permitted in landscaped areas.
(e) Pedestrian Movement. Materials shall not be placed where they will prevent pedestrian movement unless so planted for that or similar purpose.
(f) Damage to Public Works. In no case shall any plant material interfere with or cause damage to underground utility lines, public roadways, or other public works.
(g) Maintenance. The owner of landscaping required by this Code shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. No plant material required by this Development Code shall be removed for any reason unless replaced with like kind and size, at the time of removal. Prior to such removal, a revised landscape plan shall be submitted to the Zoning Administrator for review and approval per Chapter 1127.11, Minor Alterations Approved by Zoning Administrator.
(h) Vehicular Encroachment on Landscaping islands. Concrete curbs or other wheel stops shall be provided to assure that vehicles overhang into landscape areas no more than one and one-half (1.5) feet.
1185.17 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES AND WALLS.
(a) The location of proposed landscaping, fences, or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1127.
(b) However, when a fence, wall, or landscaping is proposed at a separate time from any other development for new construction, additions or site renovation, a fence, wall, or landscaping may be approved administratively by the Zoning Administrator when the Zoning Administrator determines that the proposal:
(1) Complies with the requirements of this Chapter and other applicable provisions in this Development Code;
(2) Is consistent with any previously approved plan;
(3) Is compatible with the current site development if there is no approved plan; and,
(4) Will have a minimal adverse impact to the surrounding areas.
1185.19 FLEXIBILITY.
The standards and criteria in this Chapter establish the City's objectives and levels of landscaping intensity expected. However, in applying these standards during the development plan review, the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.
1187.01 INTENT.
Off-street parking and loading requirements and regulations are established in order to achieve, among other things, the following purposes:
(a) To relieve congestion on streets so they can be utilized more fully for movement of vehicular traffic;
(b) To lessen vehicular movement in the vicinity of intensive pedestrian traffic to promote safety and convenience;
(c) To protect adjoining residential neighborhoods from excessive non-residential on-street parking;
(d) To promote general convenience, welfare and prosperity of developments that depend upon off-street parking facilities;
(e) To provide regulations and standards for the development of accessory off-street parking and loading facilities in accordance with objectives of the Master Plan and codes of the City of Rocky River;
(f) To provide off-street parking, stacking and loading facilities in proportion to the need created by each use; and,
(g) To provide for the accommodation of vehicles in a functionally and aesthetically satisfactory manner and to minimize external effects on adjacent land uses.
1187.03 PARKING FACILITIES REQUIRED.
Accessory off-street parking facilities, including access driveways, shall be provided prior to the occupancy of a building or use. Facilities shall be provided for the entire building or use in accordance with the regulations contained in this Chapter whenever:
(a) A building is constructed or a new use is established;
(b) An existing building is altered and/or there is an increase in the number of dwelling units, seating capacity, the floor area of a building, or employees; or,
(c) Whenever the use of an existing building is changed to a use that requires more off-street parking facilities.
1187.05 EXPANSION OF EXISTING PARKING LOTS AND CONTINUATION OF FACILITIES.
(a) At any time an existing parking lot or loading area is enlarged to cover a greater area, the entire parking lot and/or loading area shall be made to conform with the then current requirements for paving, storm sewer, and landscaping, to the maximum extent practicable as determined by the Planning Commission.
(b) Alterations or repairs may be made to any existing parking lot and/or loading area without requiring the existing facility to comply with all requirements of this Chapter, provided the alteration or repair conforms to the applicable requirements set forth herein.
(c) Off-street parking and loading facilities accessory to an existing use on the effective date of this Development Code, and those required as accessory to a use created or a building constructed or altered thereafter, shall be continued and maintained in operation, and shall not be used for any other outdoor uses and shall not be reduced below the requirements during the period that the principal use is maintained.
1187.07 UNITS OF MEASURE.
In computing the number of parking spaces required by this Code, the following rules shall apply:
(a) Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used for all land uses, unless specifically noted otherwise.
(b) Seats. Where seating capacity is the standard for determining parking spaces, the capacity shall mean the number of seating units installed or indicated, or one seat for each 24 lineal inches of benches or pews, or when fixed seats are not indicated, the capacity shall be determined as being one seat for each 20 square feet of gross floor area of the assembly room(s).
(c) Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees on the premises at one (1) time or on any two (2) successive shifts, whichever is greater.
(d) Fractional Numbers. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
(e) Parking for Mixed Uses. Where a building or group of buildings contains two (2) or more uses, operating normally during the same hours, the number of parking spaces for each use shall be computed separately and the total spaces provided shall not be less than the sum of the spaces required for each use, except as otherwise provided for in this Chapter.
1187.09 OFF-STREET PARKING STANDARDS.
The number of off-street parking spaces for each facility, establishment, or use in the Residential; Business, Public Facilities and the Mixed Use Overlay Districts shall be determined by application of the standards noted in Schedule 1187.09.
Schedule 1187.09
Required Off-Street Parking Spaces
Principal Building or Use | Minimum Parking Requirement(a)(c) | Maximum Number of Permitted Parking Spaces in the OB-1, OB-2, LB, GB, SM, PF, MX Districts |
(a) Residential Uses. | ||
(1) Single-family detached dwelling, single-family detached grouped dwelling units | 2 per dwelling unit, at least 1 enclosed | NA |
(2) Two-family | 2 per dwelling unit, at least 1 enclosed | NA |
(3) Single-family attached dwelling, Multi-family dwelling | 2 spaces per dwelling unit at least 1 enclosed in a garage, plus guest parking at the rate of 1 space for every 4 dwelling units | NA |
(4) Bed and Breakfast | 1 space per guest room; plus 2 spaces for owner’s unit | NA |
(5) Independent dwelling units in an Age Restricted Residential Development | 2 spaces per unit | NA |
(6) Congregate care facility/ nursing home | 1 space per 2 beds | NA |
(7) Adult care facility and residential facility | 1 space per 2 beds | NA |
(b) Community/Educational Facilities. | ||
(1) Church or other place of worship | 1 space for every 6 seats in the portion of the building to be used for assembly use. | 1 space for every 4 seats in the portion of the building to be used for assembly use, plus 1 parking space for every 200 square feet of floor area not designed to be used for assembly purposes. |
(2) College, universities | 1 space per 200 square feet of floor area in classrooms. | NA |
(3) Library, cultural institution or similar use | 3 spaces per 1,000 square feet of floor area | 4 spaces per 1,000 square feet of floor area |
(4) Kindergarten, nursery school, child or adult day care center | 2 spaces per classroom but not less than 6 spaces for the building | NA |
(5) Elementary and junior high/middle schools | 2 spaces per classroom plus 1 space for every 4 seats in the largest auditorium or assembly room | NA |
(6) High School | 1 space per every teacher, employee and administrator, plus 1 space per 7 students, plus 1 space for every 4 seats in the largest auditorium or sports arena | NA |
(7) Park/playground | 5 spaces per acre + other use requirements | NA |
(8) School, specialty/personal instruction | 1 space for every instructor, employee and administrator, plus 1 space for every 2 students | NA |
(9) Public safety facility | 1 space per 200 square feet of floor area | NA |
(c) Office, Professional Services | ||
(1) Business, professional and administrative office (excluding medical and dental) | 3 spaces per 1000 square feet of floor area | 5 spaces per 1000 square feet of floor area |
(2) Banks, financial institutions | 3 spaces per 1000 square feet of floor area | 4 spaces per 1000 square feet of floor area |
(3) Medical/Dental Office; Medical/dental/health services clinic, including urgent care clinic | 4 spaces per 1000 square feet of floor area | 6 spaces per 1000 square feet of floor area |
(4) Hospital | 1 space for every 2 beds, plus 1 space for every 3 employees | NA |
(5) Scientific research, development, training and testing facility | 1 space per 400 square feet of floor area | 1 space per 400 square feet of floor area plus one space for each 200 square feet of gross area used for office space |
(d) Retail/Personal Services | ||
(1) Animal boarding facility | 1 space per 1000 square feet of floor area | 2 spaces per 1000 square feet of floor area |
(2) Animal hospital/clinic | For each Doctor of Veterinary Medicine practicing at said hospital, there shall be five (5) off- street parking spaces | For each Doctor of Veterinary Medicine practicing at said hospital, there shall be five (5) off- street parking spaces plus one (1) additional space per employee |
(3) Retail establishment, business or personal service establishment (except as otherwise specified below) | 4 spaces per 1000 square feet of floor area | 5 spaces per 1000 square feet of floor area |
(4) Beauty salons and barber shops | 2 spaces per beauty or barber chair | 2.5 spaces per beauty or barber chair |
(5) Funeral home | 1 space per 50 square feet of floor area of sitting or service rooms, plus one space for each vehicle maintained on the premises | 1 space for every 30 square feet of floor area of sitting or service rooms, plus 1 space for each vehicle maintained on the premises |
(6) Hotel, motel | 1 space per guest room or unit, plus 1 space for every 2 employees | 1 per guest room or unit, plus 1 per each employee |
(7) Restaurant - Restaurant (including bars/taverns) -- Table Service - Sit down restaurant - Restaurant - Counter service when located in a shopping center (b) - Restaurant - Counter Service when located as the only use in a free-standing building -- Drive In & Carry Out | 1 space per 50 sq. ft. of indoor customer service area 10 spaces, or 1 space per 50 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle 20 spaces, or 1 space per 50 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle | 1 space per 40 sq. ft. of indoor customer service area 10 spaces, or 1 space per 50 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle 25 spaces, or 1 space per 50 square feet of floor area, whichever is greater, plus 1 space for each delivery vehicle |
(e) Entertainment - Recreation. | ||
(1) Assembly hall/membership club/conference center | 1 space for every 6 seats | 1 space for every 4 seats |
(2) Theater, indoor | 1 space for every 4 seats | 1 space for every 3 seats |
(3) Bowling alley | 4 spaces per bowling lane, plus 1 space per 100 square feet of floor area used for a restaurant or lounge. | 5 spaces per bowling lane, plus 1 space per 100 square feet of floor area used for a restaurant or lounge |
(4) Commercial recreation, indoor | 4 spaces per 1,000 square feet of floor area | 5 spaces per 1,000 square feet of floor area |
(5) Commercial recreation, outdoor | 1 space per 1,000 square feet of recreation area | 1 space per 250 square feet of recreation area |
(6) Skating rink | 1 space per 100 square feet of floor area (including lounging and spectator area) | 1.5 space per 100 square feet of floor area (including lounging and spectator area) |
(7) Health club | 1 space per 250 square feet of exercise area, including locker and equipment rooms. | 1 space per 200 square feet of exercise area, including locker and equipment rooms. |
(8) Golf course (9 holes or more) | 8 spaces per green | NA |
(9) Video game center | .5 space per device in addition to the parking requirements of the principal use of the building or, if the gaming room is the main use, 1 space per each device plus 1 space for each 250 sq. ft. of floor area | 1 space per device in addition to the parking requirements of the principal use of the building or, if the gaming room is the main use, 1 space per each device plus 1 space for each 200 sq. ft. of floor area |
(10) Miniature golf | 1 space per hole | 2 spaces per hole |
(11) Swimming pools, public or private (not associated with residences) | 1 space for every 5 persons, based on pool capacity | NA |
(12) Tennis courts | 4 spaces per court | NA |
(f) Automotive Uses. | ||
(1) Gasoline station/pumps | 2 per pump + other use requirements | NA |
(2) Automotive service station; vehicle repair garage; motor vehicle body shop | 2 spaces per service bay, plus 1 space for every employee, but never less than 5 spaces | NA |
(3) Motor vehicle sales and rental | 1 space per 400 square feet of floor area of sales room, plus 1 space for each auto service stall in the service room and 1 space per employee | NA |
(4) Car wash | 2 per wash bay | NA |
(g) General Commercial and Industrial Uses. | ||
(1) Distribution, warehouse facility, wholesale | 2 spaces for each employee on the largest working shift | NA |
(2) Self-storage facility, indoor | When an on-site leasing or project office is provided, 1 parking space for each 100 storage units. When no on- site office is provided, no spaces are required. Required parking spaces shall not be rented, leased, or used as vehicle storage areas. | NA |
(3) All other general commercial uses | 1 space per 250 square feet of floor area | 1 space per 200 square feet of floor area |
(4) All other service manufacturing uses | 1 space for every 1.5 employees on the largest working shift or one (1) space per every five hundred (500) sq. ft. of floor area whichever is greater, plus 1 space for every company- owned car, truck or other vehicle | NA |
(a) A minimum of five (5) spaces is required for each facility other than a single-family detached, single-family detached grouped units, single-family attached or two-family dwellings. (b) For the purposes of this Section, a shopping center shall include one or more multi-tenant building(s) and/or group of buildings where the required parking spaces are provided in a shared parking lot. (c) For specific buildings or uses not scheduled above, the Planning Commission shall apply the unit of measurement set forth in the above schedule which is deemed to be most similar to the proposed building use. NA = Not Applicable | ||
1187.11 PARKING REQUIREMENTS FOR THE CBD CENTRAL BUSINESS MIXED USE DISTRICT.
In recognition of the historic, compact character of buildings in the Central Business Mixed Use District, the Planning Commission may approve a development plan with up to a fifty percent (50%) reduction in the requirements of Schedule 1187.09, Required Off Street Parking Spaces, for non-residential uses. To request such a reduction, an applicant shall submit a parking assessment, at the time a preliminary development plan is submitted, that includes the information detailed in Section 1187.11
(b).
(a) In making a determination for such a reduction, the Planning Commission shall consider the following criteria:
(1) The character of the proposed use and the ability of the proposed use to reinforce the central business district environment;
(2) The availability and accessibility of public parking spaces, both on-street and within public parking lots;
(3) The availability and proposed usage of parking areas on adjacent and nearby sites, considering the hours of operation of the proposed use compared to adjacent uses; and,
(4) The potential negative impact to the character of Downtown Rocky River if the requisite number of parking spaces are provided.
(b) The parking assessment shall include a description of the use and its anticipated relationship to, and impact on, the surrounding community. At a minimum, the assessment shall include the following:
(1) The nature of the proposed uses, activities and events that will be accommodated.
(2) The maximum design capacity of the facility.
(3) The anticipated pattern of use, including peak hours.
(4) The estimated traffic generation and parking demand, including the estimated number of parking spaces required at peak capacity.
(5) The number of parking spaces required according to Schedule 1187.09 compared to the number of spaces proposed.
(6) The current supply and utilization of parking spaces in the immediate area.
(7) How any available spaces meet the needs of the proposed use.
(8) Suggested parking management solutions to address any anticipated discrepancy between the number of parking spaces available and anticipated parking demand.
1187.13 DEFERRED CONSTRUCTION OF REQUIRED SPACES.
If the number of parking spaces required by this Chapter for a non-residential use is substantially larger than the number anticipated by the applicant and the applicant provides sufficient evidence that supports the reduced parking needs, a development plan may be approved with an allowance for the construction of a lesser number of parking spaces provided that:
(a) The total number of spaces initially constructed and/or an area set aside on the site of the principal use shall not be less than seventy percent (70%) of the spaces required by this Chapter.
(b) Suitable additional area(s) are reserved for the construction of the balance of the total number of spaces otherwise required by this Chapter. Such suitable areas shall be illustrated on the development plan in locations and with landscaping in full compliance with this Development Code.
(c) The Planning Commission, upon reevaluation of the project's parking needs, may at any time direct that some or all of the parking spaces identified in sub-section (b) be constructed.
(d) When additional parking is determined necessary, it shall be provided according to the approved development plan.
1187.15 ALLOWANCE FOR SHARED PARKING.
Two or more uses may share parking facilities without providing the minimum number of on-site required spaces for each use, when parking spaces are provided in compliance with all the requirements of this Section.
(a) The minimum required number of parking spaces for the combined uses may be reduced by twenty (20) percent for shared parking when hours of operation overlap. Residential uses shall not be allowed to share parking facilities.
(b) When the hours of operation DO NOT overlap, the parking facility to be shared shall contain at least the minimum required spaces of the largest individual use sharing the lot.
(c) The parking facility to be shared shall be owned by the owner of one of the uses or leased for at least a 20-year term or through a permanent easement by the owner of the uses being served. Such lease or easement shall be approved by the Zoning Administrator and the Law Director.
(d) No changes shall be made to the shared parking facility that would reduce the parking provided for the uses, unless the owner of one of the uses makes other arrangements to provide parking. No such changes shall be made without Zoning Administrator approval prior to any changes taking place.
(e) Parking spaces to be shared shall not be reserved for a specific person, individual, or use on a twenty-four-hour basis.
(f) Handicap parking spaces shall not be shared, unless the uses that are to share the spaces are adjacent to the handicap spaces and no inconvenience to the users of such spaces would be created.
(g) Loading spaces shall not be shared.
(h) Any proposed change in the use of a structure that shares a parking facility will require proof to the Zoning Administrator that adequate parking is available.
(i) Parking facilities to be shared shall be located on the same lot or lots as the use for which the parking spaces are intended, except when the parking facility complies with all the requirements of Section 1187.17
, Allowance for Off-site Parking.
1187.17 ALLOWANCE FOR OFF-SITE PARKING.
All off-street parking spaces shall be located on the same lot as the structure or use, except when parking spaces are provided in compliance with all the requirements of this Section.
(a) The use shall supply at least fifty percent (50%) of its required spaces on-site. The Planning Commission may grant an exception to this requirement under the following criteria:
(1) Proximity of the proposed parking area to the use served;
(2) Ease and safety of access between the proposed parking area and the use served;
(3) The use to be served by the off-site parking; and,
(4) The hours of operation of the use to be served by the off-site parking.
(b) Off-site spaces shall be within 800 feet walking distance, measured along the route of public access to the property, of a building entrance or use. If the pedestrian access is to cross an arterial street, appropriate safety measures shall be present to help the pedestrian cross the street. In any event, safe and convenient pedestrian access, such as a sidewalk or path, shall exist or be provided from the building or use to the parking lot.
(c) Contiguous lots providing off-street parking for more than one use shall provide sufficient spaces to comply with the combined total parking requirements for all uses except when the allowance for shared parking is granted in compliance with Section 1187.15
, Allowance for Shared Parking.
(d) The off-site lot may be located in a different zoning district than the structure or use it serves if a parking facility is permitted in the different zoning district.
(e) The lot used for an off-site parking facility shall be owned by or leased for at least a 20-year term or through a permanent easement by the owner of the use being served. The Zoning Administrator and the Law Director shall approve such lease or easement. If the term of the use is limited by a conditional use certificate, then the term of the lease agreement may be limited accordingly. At the expiration of the term of a lease, the owner shall replace the off-site parking or end the use that required the parking.
(f) No changes shall be made to the off-site parking lot that would reduce the parking provided for the use, unless other arrangements to provide parking are made by the owner of the use. Those arrangements shall be approved by the Zoning Administrator prior to any changes taking place.
(g) All required handicapped parking spaces for a use shall be located on-site.
(h) All required loading spaces shall be located on-site.
(i) An existing non-conforming parking lot to be used under this Section as off-site parking shall be landscaped, paved and striped according to the standards of this Chapter and the Development Code.
1187.19 PARKING SPACES FOR PERSONS WITH DISABILITIES.
In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities.
1187.21 LOCATION OF REQUIRED PARKING SPACES.
In addition to specific requirements contained in each district regulation, the location of off-street parking facilities shall further be regulated according to the following provisions:
(a) Off-street parking spaces required for dwelling units shall be located on the same zoning lot as the dwelling unit served. The total number of accessory parking spaces provided for any dwelling unit shall not exceed the spaces required by more than fifty percent (50%) unless permitted by a variance granted by the Board of Zoning and Building Appeals.
(b) Required guest parking, in a multi-family or a single-family attached development, shall be equally distributed throughout the development.
(c) Off-street parking spaces for non-residential uses shall be located on the same lot as the structure or use unless off-site parking is provided pursuant to Section 1187.17
, Allowance for Off-site Parking.
(d) All required off-street parking spaces shall have direct access to an aisle or driveway without the need to move any other vehicle, except as otherwise specifically permitted in this Chapter.
(e) Parking Lots Adjacent to Buildings. Off-street parking spaces for other than single or two-family dwellings shall be located at least ten (10) feet from any wall of a building if such wall contains ground floor openings other than a garage door providing access, light, or ventilation to the building.
(f) Parking in Designated Areas Only. Any vehicle customarily or seasonally parked on any lot shall be so parked only in parking areas specifically constructed for such purposes, and shall not be parked on tree lawns, sidewalks, lawns or other areas required by this Code to be landscaped.
(g) Areas Computed as Parking Spaces. Areas that may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway, except as specifically permitted below:
(1) For a single family detached, single-family attached, or two-family dwelling, a driveway in the front or side yard shall be permitted to compute as eligible parking space(s) up to a maximum of one (1) parking spaces per dwelling unit.
(2) In a multi-family development including attached single-family dwellings and a single-family detached grouped units, any dwelling unit that has its own separate and individual private driveway shall be permitted to compute as eligible those parking spaces located in the private driveway, up to a maximum of one (1) parking spaces per dwelling unit.
(h) Restricted Parking. In all non-residential districts, at least eighty percent (80%) of the required parking spaces shall be provided in the form of unrestricted parking areas accessible to all owners, occupants, employees, customers or tenants of the main use.
1187.23 OFF-STREET WAITING/QUEUING SPACES FOR DRIVE-THRU FACILITIES.
Drive-thru establishments and other establishments which, by their nature, create lines of customers waiting to be served within automobiles shall provide off-street waiting/queuing areas, on the same lot as the use, in addition to the required number of parking spaces specified in Schedule 1187.09, in accordance with the following in Schedule 1187.23:
(1) Establishments serving and/or selling food and/or drinks: | Twelve (12) waiting/queuing spaces per order board or station, as measured from the order board or station. |
(2) Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure: | Twelve (12) waiting/queuing spaces |
(3) Facilities with service windows or service entrances such as banks, drug stores, dry cleaners, ticket booths, drive-up ATM machines and other similar facilities: | Four (4) waiting/queuing spaces for the first drive-thru window or stall and two (2) waiting/queuing spaces for each additional window or stall |
(4) Self-serve car wash facilities: | Two (2) waiting/queuing spaces per stall |
(5) Gasoline stations: | Two (2) waiting/queuing spaces per accessible side of a gasoline pump island |
(6) All other uses | Three (3) waiting/queuing spaces for each window or stall |
(b) Vehicles Prohibited within the Public Right-of-Way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive-in or drive-thru facilities.
(c) Waiting/Queuing Space Dimensions. Each off-street waiting/queuing space shall have an area not less than 144 square feet (measuring 8 feet by 18 feet) exclusive of access drives and parking aisles and shall not interfere with parking or circulation.
(d) Change in Required Waiting/Queuing Spaces.
(1) The Planning Commission may require additional waiting/queuing spaces to adequately serve the establishment.
(2) The Planning Commission may reduce the number of required waiting/queuing spaces when the applicant provides credible documentation, such as studies from similar sites, that fewer than the required number of waiting/queuing spaces does not impede vehicular traffic flow on and off the site as well as ingress/egress to the site.
(e) A separate, clearly-defined vehicle lane shall be provided for any drive-through window, and such lane shall be defined by striping, curbs and/or landscaping as determined to be appropriate and approved by the Planning Commission.
(f) Access, waiting/queuing spaces and all other vehicular circulation shall be clearly defined and well marked to assure the public's safety and convenience. The circulation plan may be referred to the City Engineer for input and any additional, reasonable requirements deemed necessary to assure such safety and convenience.
(g) No waiting/queuing spaces or drive-through window shall be permitted within twenty (20) feet of any rear lot line, within twenty (20) feet of any side lot line, nor within thirty-five (35) feet of any property zoned for residential use. The Planning Commission may modify this buffer yard requirement pursuant to sub-section 1185.11
(h), Modifications to Buffering and Screening Requirements.
(h) No waiting/queuing spaces for a drive-through service shall be permitted which would obstruct access into or out of any off-street parking space on the property.
(i) Drive-in and drive- thru lanes, waiting/queuing spaces, speakers, & order windows shall not be located in the required front, side, or rear setbacks including the required setback adjacent to street rights-of-way. Drive-thru lanes and required waiting/queuing spaces shall not occupy any required parking space or driveway required to access these spaces. (Ord. 65-23. Passed 10-23-23.)
1187.25 PARKING DESIGN STANDARDS.
Parking areas or parking lots included with an application to construct a building or parking area, or change in use, shall be designed and dimensioned in accordance with the Standards for Designing Parking Areas, inserted at the end of this Chapter and which is part of this Development Code.
1187.27 OFF-STREET LOADING REQUIREMENTS.
Loading and unloading facilities shall be provided prior to occupancy of every non-residential building hereafter erected, altered, or to be occupied by a new user, and shall be maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this chapter.
(a) Authority of the Planning Commission. The Planning Commission may waive loading/unloading requirements based on the character of the proposed use or the impracticality of adding loading/unloading facilities to existing buildings.
(b) Location. All loading spaces shall be located on the same lot as the use served, in a manner that enables the orderly and safe movement of trucks and no part of any required setback, off-street parking area, nor access drive thereto, shall be used for loading or unloading purposes, except that the Planning Commission may allow two or more uses to cooperatively provide off-street loading/unloading spaces, subject to the assurance of permanent availability. No such space shall be located closer than fifteen (15) feet to any other lot in any Residential District, unless wholly within a completely enclosed building or unless enclosed on all sides facing lots in any Residential District by a wall or fence not less than six (6) feet in height.
(c) Size of Loading Spaces. Each loading space shall be ample to accommodate the largest vehicle anticipated.
(d) Off-street loading spaces shall not be used for repair or servicing of motor vehicles.
(e) Access Driveways. Each required off-street loading/unloading space shall be designed for direct vehicular access by means of a driveway, or driveways, to a public or private street in such a manner that will least interfere with traffic movements and lane encroachment, provided, however, that loading/unloading shall not be from the public right-of-way except in situations of existing commercial facilities in the Central Business Mixed Use District (CBD) where no other opportunity for loading/unloading exists.
(f) Minimum Loading Spaces Required. For non-residential buildings, one (1) off-street loading space shall be provided for a building not exceeding twenty thousand (20,000) square feet of floor area, and one (1) additional space for each forty thousand (40,000) square feet of additional floor area
1187.29 PEDESTRIAN WAYS.
The Planning Commission may require pedestrian ways, and other areas within parking lots that shall be devoted to pedestrian use for the purpose of separating vehicular and pedestrian traffic and providing the maximum safety and convenience.
(a) Such pedestrian ways shall be planned, designed, and located based on accepted engineering and land planning principles and subject to the approval of the Planning Commission.
(b) Said pedestrian ways shall be paved and drained as required by this Development Code and/or in accordance with any applicable municipal regulations as is appropriate to their location and traffic conditions.
1187.31 REGULATIONS FOR ACCESS DRIVES.
The location and number of entrance and exit access drives to accessory parking spaces shall be in accordance with the following:
(a) Ingress and Egress. Entrances to parking spaces shall be only from an adjoining public street or alley or from a permanent private, access easement. Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for vehicles.
(b) Location. The location and width of entrance and exit access drives to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets.
(c) Interconnected Drives. The Planning Commission may require parking areas serving adjacent business establishments to be interconnected by drives and designed to provide the maximum safety and convenience.
(Ord. 71-21. Passed 6-13-22.)
1187.33 CONSTRUCTION, USE, IMPROVEMENT AND MAINTENANCE STANDARDS.
All driveways, parking areas, waiting areas, queuing areas, loading/unloading areas shall be constructed in accordance with standards established by the City Engineer and the following:
(a) Grading and Pavement. Parking areas and access driveways shall be so graded and drained so as to dispose of all surface water and drainage into proper outlets so that such surface water and drainage shall not be allowed to flow onto adjacent properties or remain standing in said driveways or parking areas. In other than one or two family uses all surface water and drainage shall not be allowed to flow across a public sidewalk. All parking areas and driveways improved or constructed shall be bituminous or Portland cement pavement, brick pavers, embossed concrete, or other approved pavement materials in accordance with standards established by the City and approved by the City Engineer and the Planning Commission. All existing gravel or other non-paved parking areas and driveways shall be maintained so as not to create a hazard. Gravel or other driveway material shall not collect on sidewalks, driveway aprons or public right of way. For purposes of this Section "improved or constructed" is not intended to include maintenance.
(b) Design of Parking Areas for Other Than Single Family Detached and Two Family Dwellings. Parking areas other than for single-family detached and two-family dwellings shall be so arranged and marked as to provide for orderly and safe parking and storage of vehicles in accordance with the design standards in this Chapter. Parking areas shall be improved, except at entrances and exits, with curbs or other devices to define parking spaces or limits of paved areas, if necessary. Curbs or other devices shall be provided along the perimeter of any parking area, around landscape areas, or a driveway that is within six (6) feet of a public sidewalk or of a lot line of an adjoining parcel, so as to prevent encroachment of vehicles into adjacent areas or public ways, yards, landscape areas, or setbacks required by this Code, city ordinances and regulations adopted thereunder, and so as to regulate the flow of traffic within the lot.
(c) Parking Setbacks for One and Two-Family Uses. Parking areas, including driveways, for single family detached and two family dwellings shall be located not less than three (3) feet from adjoining property lines.
(d) Illumination in Parking Areas. Parking areas shall be illuminated whenever necessary to protect the public safety. All lighting shall comply with the regulations in Chapter 1181, General Use Regulations.
(e) Marking. Any off-street parking area for five (5) or more parking spaces and all waiting/queuing spaces shall indicate the location of each parking or waiting/queuing space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.
(g) Maintenance. All parking areas, waiting/queuing spaces, and loading spaces shall be maintained in a manner to keep it as free as practicable from rubbish, paper and other loose particles, and snow and ice shall be promptly removed by the operator. All adjacent sidewalks shall be kept free from dirt, ice, sleet and snow and in a safe condition for use by pedestrians. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking and/or loading spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes. It shall be the responsibility of the property owner to maintain and repair parking lots and loading areas as may be necessary, in the opinion of the Municipality, so as to provide a continuous, hard, dustless surface in good condition, properly drained, and free of obstructions and nuisances in accordance with the requirements of this Chapter.
1187.35 PARKING LOT LANDSCAPING AND SCREENING.
Parking areas shall be landscaped, screened and buffered in conformance with the regulations set forth in Chapter 1185, Landscaping and Screening Regulations.
1187.37 NON-CONFORMING PARKING FACILITIES.
A building or use existing lawfully at the time of this Development Code, or an amendment thereto, became or becomes effective, but which does not comply with the off-street parking regulations for the use may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted, in accordance with the regulations in Chapter 1139, Non-conforming Uses, Lots, and Structures, then additional off-street parking spaces shall be provided in compliance with this Chapter 1187, if this Code requires such additional parking spaces as a result of the proposed changes.
1187.39 ZONING CERTIFICATE AND DEVELOPMENT PLAN REQUIRED.
(a) Facilities provided for single-family detached and two-family dwellings shall obtain a zoning certificate in compliance with Chapter 1129, Zoning Certificates and Certificates of Zoning Compliance.
(b) Detailed drawings showing the features of off-street parking facilities, waiting/queuing spaces, and loading/unloading areas shall be submitted to the Zoning Administrator for development plan review as required by Chapter 1127, Development Plan Review Procedures.
(c) City Engineer. The City Engineer shall review and approve all requests for access to public rights-of-way prior to construction. All improvements, curb cuts, and approaches in the public right-of-way shall be constructed pursuant to this Chapter and all applicable municipal regulations.
1193.01 PURPOSE AND DEFINITIONS.
(a) The purpose of this Chapter is to create the legal framework for a comprehensive, balanced system of visual communication devices hereinafter referred to as freestanding ground signs, wall signs, roof signs, projecting signs and window signs, thereby to facilitate easy and pleasant communications between people and their environment. With this in mind, it is the intention of this Chapter to authorize the use of signs which are:
(1) Compatible with their surroundings, enhance and protect the physical appearance of the community.
(2) Expressive of the type of activity to which they pertain (residential, retail, commercial, and manufacturing districts) and of the community as a whole.
(3) Legible and in conformity with the circumstances in which they are seen.
(4) Located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
(5) Located not to obstruct sight distance at the intersection of streets, alleys, or driveways.
(6) Establish review procedures that comprehensively evaluate the appropriateness of a sign to the site, building, and surroundings.
(b) For the purpose of this Chapter, a "sign" includes the following as defined:
(1) "Changeable copy" means a sign on which the message or graphics are not permanently affixed to the structure, framing or background, but which may be manually replaced (ex. bulletin and announcement boards).
(2) "Electronic message board" means a sign or changing display, copy or message board, composed of a series of lights that may be changed automatically and/or remotely through electronic means.
(3) "Freestanding Ground sign" means a permanent outdoor sign supported by one or more uprights or braces in or upon the ground and includes ground supported pole signs.
(4) "Outdoor sign" means any arrangement of letters, figures, symbols or other devices used for advertisement, announcement, direction or declaration, intended to attract or inform the public, affixed or attached to the exterior walls of a building or other structure or upon constructed surfaces erected, attached or supported outdoors. The word "sign" shall be interpreted to include the structure of such sign.
(5) "Projecting sign" means a permanent outdoor sign which is affixed or pinned to a building wall
(6) "Roof sign" means a sign which is displayed above the eaves and below the roof line.
(7) "Signable area" of the building means an area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail.
(8) "Temporary business sign" means an outdoor business or commercial sign to be displayed for a limited period of time.
(9) "Wall sign" means an outdoor sign affixed or attached to the wall of a building or other structure and projecting not more than twelve inches from the face of the wall.
(10) "Window sign" means any arrangement of letters, figures, symbols or other devices used for advertisement, announcement, direction or declaration, intended to attract or inform the public, which is affixed to, painted on, or placed inside of a window so as to be read or viewed from the outside. The glass or clear plastic portion of an exterior door shall be considered a window for purposes of this definition.
(Ord. 39-11. Passed 12-12-11.)
1193.03 APPLICATION OF SIGN REGULATIONS.
(a) The regulations contained in this Chapter shall apply to signs outside of the public right-of-way, except when specifically stated otherwise.
(b) A sign may only be erected, established, painted, created, or maintained in Rocky River in conformance with the standards, procedures, exemptions and other requirements of this Chapter.
(c) Architectural features that are either part of the building or part of a freestanding structure are not considered signs and are thus exempt from these regulations. Architectural features include any construction attending to, but not an integral part of the sign, and which may consist of landscape or building or structural forms that enhance the site in general.
(d) The following signs and displays are exempt from the regulations of this Chapter:
(1) Public Signs. Any sign displaying a public notice or warning required by a valid and applicable federal, state, or local law, ordinance, or regulation;
(2) Building Marker. Any sign displaying the name of a building and date and incidental information about its construction. Such sign is typically cut into the façade of the building.
(3) Flags of any nation; government or non-commercial organization;
(4) Any sign inside a building that is not attached to the window or door and is not legible from a distance of more than three feet beyond the lot on which the sign if located;
(5) Any work of art that does not display a commercial message;
(6) Any religious symbol that does not display a commercial message;
(7) Any traffic control sign, such as "STOP" or "YIELD," located on private property that meets applicable governmental standards pertaining to such signs and does not display a commercial message.
(8) Instructional signs shall be exempt provided such signs comply with the following:
A. Instructional signs shall be clearly intended, designed and located for instructional purposes, as determined by the Zoning Administrator;
B. Each sign shall not be larger than necessary to serve the intended instructional purpose;
C. The sign is not in a location and does not possess design characteristics that constitute or serve the purposes of an identification sign.
D. If the Zoning Administrator determines that the proposed sign(s) does not serve instructional purposes, it shall be considered a freestanding or wall sign, as applicable, and subject to the pertinent regulations in this Chapter.
1193.05 COMPUTATION AND RULES OF MEASUREMENT.
The following regulations shall control the computation and measurement of sign area, sign height, window area, and building frontage.
(a) Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street, that faces a public parking lot, or that contains a public entrance to the uses therein shall be considered the building frontage.
(1) The primary frontage shall be the portion of a frontage that serves as the main access point to a building or building unit. A site/building will be considered to have secondary frontage when any of the following site/building characteristics are present:
A. The subject site is a corner lot;
B. The primary parking area is not located adjacent to a public street; and,
C. The building or unit has walls with ingress and egress that do not face the public street.
(2) Each building frontage shall be entitled to the sign area permitted in this Chapter.
(3) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(4) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
(5) For buildings with a group of activities, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. When a site has primary and secondary frontage as defined herein, the property owner shall determine which wall shall be the primary building frontage and which wall(s) shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage.
(b) Determining Signable Area and Sign Area.
Signs may be displayed as freestanding ground signs, wall signs and roof signs, window signs and projecting signs within the limitations and restrictions as further provided by this Chapter, provided the items of information allowance authorized by this Section is not exceeded.
(1) For wall signs and roof signs:
A. One (1) signable area may be chosen for each building frontage of the occupant that is eligible for wall signs pursuant to this Chapter, and the square footage for such area shall be calculated as an imaginary rectangle or square enclosed therein.
B. Each occupant is entitled to display a sign or signs containing a cumulative total of no more than eight (8) items of information along a primary frontage. Each occupant is entitled to display a sign or signs containing a cumulative total of no more than six (6) items of information along a secondary frontage. Each occupant is entitled to display a sign or signs of no more than six (6) square feet at the rear entrance for identification or instruction purposes.
C. Signs should be commonly designed as part of the building or architectural style and not just be unrelated areas with lettering.
D. An item of information means any of the following: a word, an abbreviation, a number, a symbol or a geometric shape.
E. In computing items of information, the following lettering is not to be included:
i. Letters less than three (3) inches in height, if they are contained in a wall sign.
ii. Letters less than nineteen (19) inches in height carved into or securely attached in such a way that they are an architectural detail of a building, provided:
a. They are not illuminated apart from the building, are not made of reflecting material, and do not contrast sharply in color with the building.
b. Do not exceed one (1) inch in thickness.
iii. Directional signs no larger than two (2) by three (3) feet.
F. In calculating the sign area of a wall and roof sign the following provisions apply:
i. The total area of the sign, including the background, is counted as part of the sign area, if the sign is enclosed by a box or outline.
ii. For a sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, or triangle), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display.
 |
Illustrations for sign area calculation using a combination of geometric shapes.
(2) For freestanding signs:
A. Eight (8) items of information may be displayed on one (1) or both sides of a freestanding ground sign.
B. The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel, or within 30 degrees of being parallel to each other and are at no point separated by a distance that exceeds two feet apart.
C. No more than two display faces shall be permitted.
D. The portion of a solid freestanding sign base that is mostly screened by landscaping, up to a maximum height of two (2) feet, shall not be calculated as sign area.
(c) Determining Sign Height. The height of a sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the calculated sign area. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign.
(d) Determining Window Area. Window area shall be the total glass area of windows and doors on the wall of a building facing a public street for that portion of a building occupied by an occupant. Opaque panels shall not be considered window area or window signage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than fifteen (15) feet in height above grade.
1193.07 SIGNS IN OFFICE, BUSINESS, SERVICE, AND MIXED USE DISTRICTS.
Signs in office, business, service, and mixed use districts shall conform to the standards set forth in this Section.
(a) Maximum Number and Area of Permanent Signs Attached to Buildings. Permanent signs attached to buildings shall conform to the maximum number and area limitations set forth in Schedule 1193.07(a).
Permanent Signs Attached to Buildings | |||||
Type | Maximum Number Permitted | Maximum Area | |||
OB-1, OB-2 | LB, GB | SM | CBD, MX | ||
(1) Address Sign | 1 | 2 sq. ft. | 2 sq. ft. | 2 sq. ft. | 2 sq. ft. |
(2) Wall Sign | Based on eligible frontages | 40% of signable area | 40% of signable area | 40% of signable area | As approved by the Design & Construction Board of Review |
(3) Projecting Sign (a) | 1 | -- | 6 sq. ft. | -- | 6 sq. ft. |
(4) Window Sign | 1 | -- | -- | ||
(5) Instructional Signs | |||||
Notes (a) Building shall be located within six (6) feet of the public right-of-way. | |||||
(b) Wall and Roof Signs. All such signs are subject to the following limitations:
(1) Wall signs placed in the vertical space between windows may not exceed in height more than two-thirds (2/3) of the distance between the top of a window and the sill of the window above, or major architectural details related thereto.
(2) All or a portion of the signable area may be contained in a roof sign. For commercial activities, no roof sign may be higher than the freestanding ground sign permitted in the Schedule 1193.07(c) for the same activity at the same location.
(3) Wall signs shall not extend above the roof line.
(4) A sign may not cover or interrupt major architectural features.
(5) Sign Bonuses for Large Building Setbacks. The maximum allowable area for a building sign may be increased by 25% for each 100 feet or fraction thereof of building setback when the principal building is located more than 100 feet from the principal street on which the building is located and the building is visible from the street, not to exceed 200% of the maximum allowable area.
(c) Window Sign. These signs shall be in addition to the maximum signable area for building signs pursuant to Schedule 1193.07(a).
(1) Ground Floor Occupants.
A. Permanent window signs, which shall be any window sign displayed for more than thirty (30) days, shall have a maximum area not greater than twenty percent (20%) of the total window area of the space occupied by the occupant.
B. The total area of window signage permitted may be aggregated onto one or more window panels provided that such signs do not cover more than thirty percent (30%) of the window panel to which they are affixed or behind which they are placed.
C. The total area of permanent and temporary window signage shall not exceed twenty-five percent (25%) of the total window area of the space occupied by the occupant.
D. A temporary window sign is to be displayed not more than thirty (30) days. Temporary window signs must be attached to the inside of the window.
E. In addition to such other window signage as may be permitted by this Chapter, each occupant may display one window (1) sign, not to exceed a maximum of one (1) square foot in area, which indicates its hours of operation and one (1) window sign, not to exceed two (2) square feet in area consisting solely of the words "open" or "closed".
(2) Upper Story Occupants. For a multi-story building, each occupant above the ground floor shall be permitted one permanent sign to be placed in a window of the occupant's space.
A. Not to exceed six (6) square feet or 25 percent of the area of the window in which the sign is placed, whichever is smaller.
B. The Zoning Administrator may authorize the display of a window sign in or on a second story window upon determination that such second story sign is consistent with this code and in harmony with the general character of the building and neighborhood.
(Ord. 91-95. Passed 9-11-95.)
C. Larger signs may be considered by Design and Construction Board of Review.
(3) All Occupants.
A. The use of light sources (such as lighting strips consisting of florescent bulbs or tubes, neon tubing, individual bulbs) to outline or border any edge of a window panel shall be prohibited.
B. Window signs may be illuminated only during the hours of operation of the occupant.
(d) Projecting Signs.
(1) A projecting sign shall be at least six (6) inches from the wall and extend no more than three (3) feet beyond the face of the building wall or other structure.
(2) A projecting sign may be displayed only if the building is located within six (6) feet of the public right-of-way.
(3) Projecting signs shall be limited to occupants that have a minimum of 20 feet of building frontage.
(4) All projecting signs shall be placed at least 10 feet above ground level, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign.
(e) Permanent Freestanding Ground Signs. Permanent freestanding signs shall be permitted for business/service activities that are accessible by automobile and served by off-street parking and shall comply with the following regulations:
(1) Maximum Number, Area and Height, Minimum Setback of Permanent Freestanding signs. Permanent freestanding signs shall comply with the maximum number, area, and height limitations and minimum setback from the street right-of-way set forth in Schedule 1193.07(e).
Permanent Freestanding Signs | |||||
Maximum Number | Maximum Area | Maximum Height | Minimum Setback from ROW | Minimum Setback from Side Lot Line | |
1. Primary Freestanding Sign (a) | |||||
a. Office District | 1 per lot (b) | 30 sq. ft. | 6 ft. | 5 ft. | 30 ft. |
b. LB District | 1 per lot (b) | 30 sq. ft. | 8 ft. | 5 ft. | 30 ft. |
c. GB District | 1 per lot (b) | 30 sq. ft. | 8 ft. | 5 ft. | 30 ft. |
d. SM District | 1 per lot (b) | 25 sq. ft. | 8 ft. | 5 ft. | 30 ft. |
e. CBD District | As approved by the Design and Construction Board of Review. | ||||
f. MX District | As approved by the Design and Construction Board of Review. | ||||
2. Entrance/Exit Signs | 2 per driveway | 6 sq. ft. | 4 ft. | 0 | 0 |
3. Instructional Signs | |||||
(a) Not permitted on the site when the building is setback less than 35 feet from the street right-of-way. (b) Except as otherwise permitted in Section 1193.07(e)(2) for lots that have 100 feet or more of street frontage. | |||||
(2) Additional Freestanding Signs for Large Lots. Where frontage exceeds one hundred (100) feet, only one (1) freestanding ground sign shall be permitted to common multiple use. For each one hundred (100) feet of frontage no more than eight (8) items of information shall be displayed. Eight (8) items of information may be displayed on one (1) or both sides of a freestanding ground sign.
(3) Minimum Separation of Freestanding Sign. Freestanding signs on the same lot shall be separated by a minimum of 100 feet, as measured along the street right-of-way line. For corner lots, both sides of the intersection shall be used in measuring spacing.
(4) Minimum Sign Setback from Intersection. On corner lots, freestanding signs shall comply with the minimum sign setback from both street rights-of-way, as set forth in Schedule 1193.07
(e).
(5) Landscaping. The base and foundation area of each freestanding ground sign shall be landscaped with plant material. Landscape plans for signs shall be prepared in conformance with planting guidelines established by the City and shall be included with and reviewed as part of each application for signage.
(6) Multi-Occupant Facilities. When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
(7) Electronic Message Boards. All signs with electronic message boards/changeable copy are subject to the following limitations:
A. Signs with electronic message boards/changeable copy are permitted as ground signs only.
B. The electronic message board portion of a sign shall not exceed 40% of the sign area.
C. The electronic message boards/changeable copy shall not flash, blink, scroll, strobe, or otherwise create a distraction to vehicular traffic.
D. Electronic message boards shall be permitted 1 new message per day, except for time and temperature signage.
E. Animation which uses movement or change of lighting to depict action, create a special effect, or scene is prohibited.
F. Electronic message boards can only be activated or displayed from 7:00 a.m. until 11:00 p.m, or during business hours of operation, whichever period is lesser.
G. Brightness.
1. All digital displays shall be illuminated at a level no greater than 0.3 foot candles over ambient light levels for location and time when measured at the recommended distance based on the digital display size, and shall employ light cut-off devices, such as but not limited to louvers, in order to minimize light escaping above a horizontal plane.
2. All digital displays must be equipped with both a dimmer control and photo sensor, which will automatically adjust the display intensity according to natural ambient light conditions.
3. Digital displays may not display light of an intensity or brilliance to cause glare or otherwise impair vision of the operator of a motor vehicle.
H. Color of lighting shall be designated in the permit application and be subject to approval by the Design and Construction Board of Review.
I. No electronic message boards shall be placed within 125 feet of a residential structure.
(f) Temporary Signs. The following regulations for temporary signs are in addition to the maximum sign area and height regulations set forth in Section 1193.07
.
(1) Temporary Construction/Development Signs. Temporary construction or development signs announcing any proposed building or a building under construction, remodeling or reconstruction, or advertising the sale, rental or lease of any building, buildings, or a part thereof, shall comply with the following:
A. Such signs shall be located on the lot to be occupied or occupied by the building or use advertised not less than twenty-five (25) feet from any street.
B. The maximum area shall be thirty-two (32) square feet, and the maximum height shall be six (6) feet.
C. A temporary sign permit shall be obtained from the Zoning Administrator before the placement of any temporary construction or development sign authorized hereunder with the permit fee to be as set forth in Section 1321.05 of the Code.
D. Any sign authorized hereunder shall be permitted only for a period not to exceed ninety (90) days from the issuance of the temporary sign permit or the period of construction, remodeling or reconstruction, whichever time period is shorter, and then shall be removed. However, the Zoning Administrator may extend the time period for delays caused by conditions beyond the control of the owner or contractor or for other good and sufficient reasons.
E. Any temporary construction or development sign may only be replaced by a sign conforming to the requirements of this Chapter.
(2) Temporary Business Signs. An occupant located within a Local Business (LB) District, General Business (GB) District, a Central Business Mixed Use District (CBD), a Mixed Use Overlay District (MX), whose main entrance is located beyond six (6) feet of the public right-of-way, may display one (1) temporary business sign subject to the following restrictions:
A. The sign shall be attached to either a permanent sign or a building structure, or placed in the ground, or freestanding by weight of at least thirty-five (35) pounds, and is limited to two (2) sides, with no side exceeding eight (8) square feet in size.
B. The signs may be utilized for advertising during business hours for no more than thirty (30) consecutive days and no more than (90) total days within a calendar year, excepting licensed food service businesses, which shall be permitted to display such signs any time during business hours.
C. No signs shall be displayed between the hours of 11:00 p.m. and 6:00 a.m.
D. No signs shall be displayed when any wind speed, either constant or gusting, exceeds twenty (20) miles per hour.
E. The signs shall be compatible with both the business purpose and the architectural design of the building for said business.
F. An application for consent and review must be submitted to the Building Department, which includes a site drawing and measurements, depicting (a) a rendition of the proposed sign, (b) the specific location of intended posting, (c) the surrounding area, and (d) other required information which demonstrates compliance with all provisions concerning such signs.
(g) Auxiliary Design Elements. Rules may be enacted for the following auxiliary design elements, subject to the limitations established for each sign:
Awnings, canopies and marquees are permitted for all activities in all areas provided, however, they must clear sidewalks by at least eight (8) feet. However, any letters over three (3) inches in height which are displayed on an awning or canopy are applied against the items of information allowance established by Section 1193.03. A single identifying double-faced nameplate sign may be suspended from a canopy, at right angles to an establishment or store unit. Dimensions of such a sign shall be no greater than twelve (12) inches high and seventy-four (74) inches wide and shall be centered at the symmetrical centerline of the canopy ceiling. Such signs shall be surface mounted to underside of the canopy. (Ord. 39-11. Passed 12-12-11.)
1193.09 SIGNS IN RESIDENTIAL DISTRICTS.
(a) Sign Standards. All signs in a Residential Districts shall be limited to the number, area, height and setback as set forth in Schedule 1193.09
(a).
Permanent Signs in Residential Districts | ||||
Type | Maximum Number Permitted | Maximum Area Per Sign | Regulations for Freestanding Signs | |
Maximum Height | Min. Setback from ROW | |||
(1) Signs for Single-Family & Two-Family Buildings | ||||
A. Address sign | 1 per DU | 2 sq. ft. | -- | -- |
(2) Signs for Multi-Family Buildings: | ||||
A. Address or window sign | 1 per DU | 2 sq. ft. | -- | -- |
B. Building identification sign (wall or freestanding) | 1/building | 12 sq. ft. | 5 ft. | 10 ft. |
(3) Freestanding sign for Residential Subdivision | 2/develop-ment entrance | 30 sq. ft. | 6 ft. | 3 ft. |
(4) Signs for Institutional Buildings | ||||
A. Address sign | 1/address | 2 sq. ft. | -- | -- |
B. Wall sign | 1/building | 40 sq. ft. | --– | -- |
C. Freestanding sign | 1/500 feet of parcel frontage | 40 sq. ft. | 6 ft. | 5 ft. |
(5) Instructional Sign | Shall be exempt from regulations when in compliance with Section 1193.03
(d)(8), Instructional Signs. | |||
DU = Dwelling Unit | ||||
(b) Supplemental Regulations for Wall Signs. A resident using a part of the home as a professional office, as permitted under the Development Code, may include an identification of his profession on this sign. No window display or other sign may be used. Illumination of such signs shall be limited to white light only.
(c) Supplemental Regulations for Permanent Freestanding signs.
(1) Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives, or in parking lots.
(2) No part of a freestanding sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
(3) For residential subdivisions, the freestanding sign shall have a maximum of two sign faces per entrance and be either a double-faced freestanding sign or two (2) single-sided sign faces attached to walls or entry features located one on each side of the street entrance.
(d) Temporary Signs for Uses in Residential Districts:
(1) Single-family detached, single-family attached and two-family dwellings are permitted one (1) temporary free-standing sign not exceeding six (6) square feet in area, and four (4) feet in height above grade and set back a minimum of fifteen (15) feet from any public right-of-way, advertising the premises on which it is maintained as being for sale or lease, or one (1) temporary free-standing sign, not exceeding six (6) square feet in area and not exceeding four (4) feet in height above grade, advertising the fact that the property has been sold, which latter sign may remain for a period of no longer than two (2) weeks from date of sale. All parcels including those which have frontage on more than one (1) street and corner lots are permitted one (1) such sign. The Zoning Administrator may authorize one (1) window sign, not exceeding six (6) square feet in area, in lieu of a free-standing sign where it is determined that a free-standing sign would not be visible from the adjacent right-of-way. For sale or lease and sold signs shall not be illuminated. "Open House" directional arrows placed in public rights of way must be removed by sundown. Only one sign for each realtor at each intersection is permitted.
(2) Multiple family buildings are permitted one (1) temporary sign, not exceeding fifteen (15) square feet in total area or seven (7) feet in height, advertising the premises on which it is maintained as being for sale or lease.
(e) Commercial Signs in Residential Districts.
(1) Garage Sale. One temporary sign promoting a garage sale shall be permitted on the site. Such sign shall be posted on private property for a period not to exceed three (3) calendar days or the length of the sale, whichever is less, on not more than two separate occasions in any given calendar year. Such sign shall not exceed a total of six (6) square feet.
(2) Contractor Sign. One (1) temporary sign promoting each contractor working on-site shall be permitted on the site. Such sign may be posted on private property where the contractor is conducting business for the duration of the business being conducted or a period of three (3) months, whichever is less. Such signs shall not exceed six (6) square feet in area.
(f) Non-commercial Opinion Sign.
(1) One (1) free-standing "non-commercial opinion" sign not exceeding eight (8) square feet in area per face, not exceeding four (4) feet in height above grade, and set back a minimum of fifteen (15) feet from any public right-of-way. For the purposes of this Section, "non-commercial opinion sign" means any sign which:
A. Does not advertise a product, good, business or service; or
B. Expresses one or multiple messages on one or more issues; or
C. Promotes any candidate, party, issue, levy, referendum or other matter eligible to be voted upon in any general, primary or special election. The message on any non-commercial opinion sign may be periodically changed, or the sign may be replaced with another non-commercial opinion sign provided such replacement sign conforms to the size, height and location criteria set forth herein. Non-commercial opinion signs shall not be illuminated. All parcels including those which have frontage on more than one (1) street and corner lots are permitted one (1) such sign.
(2) An additional four (4) non-commercial opinion signs as defined in sub-section (f)(1)(c) above shall be permitted on any parcel no sooner than thirty (30) days before an election and which shall be removed within two (2) days following such election. Removal shall be the responsibility of the candidate, campaign committee, political organization or the property owner. Non-commercial opinion signs as authorized by this subsection and by subsection (f) above shall be limited to one (1) sign per candidate, issue or message per parcel including those parcels which have frontage on more than one (1) street and corner lots. Additional non-commercial opinion signs shall not exceed six (6) square feet in area per face, not exceed four (4) feet in height above grade and shall be set back a minimum of fifteen (15) feet from any right-of-way. Additional non-commercial opinion signs shall not be illuminated.
(g) Temporary Construction/Development Signs. Temporary construction or development signs announcing any proposed building or a building under construction, remodeling or reconstruction, or advertising the sale, rental or lease of any building, buildings, or a part thereof, shall comply with the following:
(1) Such signs shall be located on the lot to be occupied or occupied by the building or use advertised not less than twenty-five (25) feet from any street.
(2) In the single-family and two-family districts, the maximum area shall be six (6) square feet, and the maximum height shall be three (3) feet.
(3) In the multiple family districts, the maximum area shall be thirty-two (32) square feet, and the maximum height shall be six (6) feet.
(4) A temporary sign permit shall be obtained from the Zoning Administrator before the placement of any temporary construction or development sign authorized hereunder with the permit fee to be as set forth in Section 1321.05 of the Code.
(5) Any sign authorized hereunder shall be permitted only for a period not to exceed ninety (90) days from the issuance of the temporary sign permit or the period of construction, remodeling or reconstruction, whichever time period is shorter, and then shall be removed. However, the Zoning Administrator may extend the time period for delays caused by conditions beyond the control of the owner or contractor or for other good and sufficient reasons.
(6) Any temporary construction or development sign may only be replaced by a sign conforming to the requirements of this Chapter.
(h) Other Temporary Signs. Such signs shall comply with the following:
In order to provide clearance for traffic safety and for aesthetic purposes, no signage may be posted on City owned property or on its right-of-ways, except as provided in subsection (d)(1) above and as follows:
(1) Posting signage on City property for City purposes is permitted;
(2) One (1) temporary sign no larger than six (6) square feet on City property and in its right-of-ways that provide directions to an event at the Rocky River Civic Center may be posted within ten (10) feet of Wagar Road and Hilliard Boulevard driveways and the access drive to the Civic Center for a period of two (2) hours before, during and one (1) hour following the event. (Ord. 39-11. Passed 12-12-11.)
1193.11 SIGNS IN PUBLIC FACILITIES DISTRICT.
(a) Sign Standards. All signs in a Public Facilities District shall be limited to the number, area, height and setback as set forth in Schedule 1193.06 (a).
Permanent Signs in Public Facilities District | ||||
Type | Maximum Number Permitted | Maximum Area Per Sign | Regulations for Freestanding Signs | |
Maximum Height | Min. Setback from ROW | |||
(1) Address sign | 1/address | 2 sq. ft. | -- | -- |
(2) Building identification wall sign | 1/building | 40 sq. ft. | --– | -- |
(3) Freestanding sign | 1/500 feet of parcel frontage | 40 sq. ft. | 6 ft. | 3 ft. |
(4) Instructional sign | ||||
(b) Supplemental Regulations for Permanent Freestanding signs.
(1) Freestanding signs shall be erected in a landscaped setting and not on sidewalks, drives, or in parking lots.
(2) No part of a freestanding sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property.
(3) A maximum of 40% of the permitted freestanding sign area may be devoted to changeable copy/electronic message board.
A. The changeable copy/electronic message board shall not be changed more than every 15 seconds, with a 3 second blank screen delay between messages.
B. The changeable copy/electronic message board shall not flash, blink, scroll, strobe, or otherwise create a distraction to vehicular traffic.
C. Animation which uses movement or change of lighting to depict action or to create a special effect or scene is prohibited.
D. Electronic message boards can only be activated or displayed from 7:00 a.m. until 10:00 p.m.
E. Brightness.
1. All digital displays shall be illuminated at a level no greater than 0.3 foot candles over ambient light levels for location and time when measured at the recommended distance based on the digital display size, and shall employ light cut-off devices, such as but not limited to louvers, in order to minimize light escaping above a horizontal plane.
2. All digital displays must be equipped with both a dimmer control and photo sensor, which will automatically adjust the display intensity according to natural ambient light conditions.
3. Digital displays may not display light of an intensity or brilliance to cause glare or otherwise impair vision of the operator of a motor vehicle.
F. Color of lighting shall be designated in the permit application and be subject to approval by the Design and Construction Board of Review.
G. No electronic message boards shall be placed within 125 feet of a residential structure.
(c) Non-commercial Opinion Signs. All such signs shall comply with the regulations set forth in Section 1193.05
(f). (Ord. 39-11. Passed 12-12-11.)
1193.13 PROHIBITED USES.
All signs not expressly permitted in this Chapter shall be prohibited in the City. Such signs include but are not limited to the following:
(a) Trailered signs;
(b) Billboards/off-premise signs;
(c) Signs above the roof line;
(d) Signs which move mechanically are prohibited. Mechanical movement refers to animation, revolution, movement up and down or movement sideways;
(e) Windblown devices such as pennants, spinners and streamers; and
(f) Permanent signs installed or attached to accessory structures, including outdoor furniture, benches, tables, chairs; and
(g) Banners.
1193.15 DESIGN STANDARDS.
In addition to ensuring compliance with the numerical standards of these regulations, the Design and Construction Board of Review/Zoning Administrator shall consider the proposed general design arrangement and placement of the sign according to the following criteria:
(a) The lettering shall be large enough to be easily read but not overly large or out of scale with the building or site.
(b) The sign should be consolidated into a minimum number of elements.
(c) The ratio between the message and the background shall permit easy recognition of the message.
(d) The size, style, and location of the sign shall be appropriate to the activity of the site.
(e) The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture of the building.
(f) Signs shall be designed with a limited number of, and harmonious use of, colors.
(g) Signs should be commonly designed as part of the building or architectural style and not just be unrelated areas with lettering.
(h) Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block.
(i) Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
1193.17 SIGN ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.
(a) Illumination.
(1) Permitted are the following types of illumination for all activities in all areas, except Public Facilities and residential districts, subject to the limitations indicated in this Section.
A. Colored light.
B. Flashing signs which consist of a light which is intermittently on and off are prohibited.
C. Illuminated surface colors, internal illumination, such as a light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.
D. Indirect illumination, such as a light source not seen directly.
E. Floodlight illumination, provided that the floodlight or spotlight is positioned so that none of the light shines onto an adjoining property or in the eyes of pedestrians or motorists.
F. Neon tube illumination such as a light source applied by a neon tube which is bent to form letters, symbols or other shapes.
G. Illumination controls. Flashing, moving, rotating intermittently lighted signs or other mechanically rotated or eye-catching devices shall be prohibited. Display signs illuminated by electricity, or equipped in any way with electric devices or appliances, shall conform with respect to wiring and appliances to provisions of the Chapter relating to electrical installations. Signs shall not be illuminated by fluorescent lamps using more than four hundred twenty-five (425) milliamperes or by transformers of more than thirty (30) milliamperes capacity. Fluorescent lamps of eight hundred (800) milliamperes may be used provided the spacing between such lamps is no less than nine (9) inches from center to center of lamp and such lamps are not closer than five (5) inches from center of lamp to inside face or faces of sign. Neon tubing may be powered by milliampere transformers only when such tubing is used to back light silhouetted letters or for the internal illumination of plastic faced signs or letters. Such tubing shall not be visible to the eye and shall not be closer than one (1) inch to the plastic face or letter of any sign.
(2) Signs shall be permitted to be illuminated in compliance with the following:
A. Light sources shall be shielded from all adjacent buildings and streets.
B. Lights shall not be of such brightness so as to cause glare that is hazardous to pedestrians or motorists, or cause reasonable objection from adjacent residential districts.
C. The illumination of signs shall not obstruct traffic control or any other public informational signs. Signs visible from sight lines along streets shall not contain symbols or words, or red and green lights that resemble highway traffic signs or devices.
(3) In single-family residential districts, temporary signs shall not be illuminated. Permanent, freestanding signs shall only be externally illuminated using white light only.
(b) Construction Standards.
(1) No signs shall be placed, erected or maintained so as to obstruct, in any manner, any fire escape or window, door, exit or entrance to or from any building, or otherwise be placed in the City's right-of-way.
(2) No sign shall be placed, erected or maintained in a manner which will interfere with the proper and convenient protection of property by the Division of Fire.
(3) No sign shall be supported or braced from or guyed to a sidewalk, street, alley or public thoroughfare.
(4) Where a public thoroughfare approaches and crosses a railroad at the same grade, no sign shall be erected or placed in a manner which would obstruct the view of 400 feet of the railroad on each side of the crossing, by anyone on the thoroughfare within 200 feet of the crossing.
(5) No sign shall be placed or erected in such a manner as to unduly obstruct the view of traffic or traffic lights at intersections.
(6) No sign shall be erected or placed so that any part thereof, including cables, guys, braces, supports, etc., shall be within a fifteen (15) foot distance of public utility electric conductors carrying not more than 600 volts, and for conductors carrying more than 600 volts not within a distance of thirty (30) feet of such conductors, except that this provision shall not apply to electric conductors which serve the sign.
(7) No sign shall be placed or erected on the wall of a building when such wall abuts on any residential district as established by the Zoning Code.
(8) No sign shall be placed or erected on or attached to any part of a building roof.
(9) Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
(10) Electric signs and all permanent signs involving structural requirements of the building code shall be installed, repaired, altered and serviced only by a contractor licensed to perform such tasks.
(11) Temporary signs shall be durable and weather-resistant, and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(c) Maintenance. All signs shall be maintained in accordance with the following:
(1) All signs, including all of their supporting features, shall be kept in a safe condition and shall be kept sufficiently painted or otherwise protected to prevent deterioration.
(2) All signs which are not maintained properly to insure their safe condition or which have become unsafe, shall be properly repaired and/or painted, or removed, when so ordered by the Building Commissioner. If the Building Commissioner finds that any sign is unsafe, insecure, a menace to the public, or constructed, erected, or maintained in violation of the provisions of this Code, notice shall be given in writing by the Building Commissioner to the owner. The owner of the sign shall, within forty-eight (48) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the allotted forty-eight hours, the sign may be removed or altered by the City to comply with these regulations at the expense of the owner or occupant of the property upon which the sign is located. The Building Commissioner may cause any sign, which, in the City's opinion, creates a danger to persons or property to be removed immediately and without notice.
(d) Abandoned Signs & Failure to Maintain.
(1) Any tenant who vacates a premises, or the owner of such premises, shall, within ten (10) days after such premises has been vacated, remove all signs owned or erected by such tenant, unless a new tenant or the owner of such premises maintains such signs in good repair and in a safe condition at all times.
(2) When the use or required maintenance of any sign is discontinued, the owner of such sign shall immediately remove the same.
(3) Any non-conforming sign which is unused for a continuous period of six (6) months or which advertises business activities, products, or services which have been discontinued or abandoned for a period in excess of six (6) months shall be removed or altered to comply with the provisions of this Chapter.
1193.19 CONFORMANCE REQUIREMENTS.
(a) Any non-conforming sign which is structurally altered shall be made to comply with the provisions of this Chapter. For the purposes of this Chapter structurally altered shall mean any physical changes to the dimensions, structural support, foundation, lighting provisions, or electrical wiring of any non-conforming sign.
(b) Any non-conforming sign which is damaged or destroyed to an extent greater than fifty percent (50%) of original cost as determined by the Zoning Administrator shall be removed and shall only be replaced with a sign conforming to the provisions of this Chapter.
(c) A sign is or becomes nonconforming if it is not in conformance with the provisions of this Chapter.
(d) A change in the ownership of the real estate or a change in the management of the property or business activity does not affect the status of an existing sign under this Chapter.
(e) Window signs erected prior to the date of this Section shall be removed or altered to comply with the provisions of this Chapter within thirty (30) days after notification of violation by the Zoning Administrator
(f) The Design and Construction Board of Review may grant exceptions to these standards whenever a sign has been designated as a historic landmark.
1193.21 ADMINISTRATIVE PROVISIONS.
(a) Compliance with this Section. No person shall erect, locate, move, alter, or replace any sign or cause a sign to be located or maintained, unless all provisions of this Chapter have been met.
(b) Sign Concept Plan. For multi-tenant buildings and development projects with multiple buildings in the Central Business Mixed Use District (CBD), Mixed Use Overlay District (MX), the Design and Construction Board of Review shall approve basic sign parameters that set forth the location, size, color, and style of each tenant sign. Such sign parameters will be established when the Design and Construction Board of Review reviews development plans for new buildings. Whenever the Design and Construction Board of Review has approved such sign parameters, the Zoning Administrator will ensure any subsequent sign application submitted for a tenant of the development or building complies with such sign parameters.
(c) Deviations from Regulations. A unique or creative sign proposal that deviates from the objective requirements of this Chapter for a building or group of buildings shall be considered by the Design and Construction Board of Review utilizing the criteria below:
(1) The sign is of such size and scale to be appropriate for the size of the building and the portion of the building (panel, fascia, wall, etc.)and/or lot on which the sign will be placed.
(2) The proposed sign is the minimum of relief necessary to assure it is legible to the intended viewers that are typically the passing motorists.
(3) The additional sign, the additional sign area, the alternative location that is proposed, and/or the design of the proposed sign will not adversely impact the adjacent residential areas or, otherwise, compromise any other public interests.
(d) Application, Administrative Review, and Approval of Signage Proposals.
(1) When any person other than the owner of the property submits a sign application, the owner of the property or a designated agent for the owner shall also sign such application.
(2) All signs requiring a permit pursuant to 1193.11 (e) shall be reviewed by the Design and Construction Board of Review and approved when the Board determines that the proposal complies with the design standards. The Zoning Administrator shall be responsible for determining compliance with construction standards, maintenance, and all other applicable regulations in this Chapter.
(3) Approved signage proposals shall receive a sign permit from the Zoning Administrator.
(e) Permits Required.
(1) A permit shall be required for the following signs:
A. In a residential district and Public Facilities District, when the permanent sign exceeds two (2) square feet in area.
B. In a business district:
i. when the total area of all permanent signs on the premises exceeds twelve (12) square feet.
ii. for any temporary business sign.
(2) Application for erection permit shall be made upon forms prescribed by the Zoning Administrator.
(3) No permit shall be required for a non-commercial opinion sign.
(f) Exceptions. The provisions of this Chapter shall not apply to temporary signs in connection with the use of city-owned property as identified in Section 1193.09
(h).
(g) License Required. No person, firm or corporation shall engage in the business of outdoor advertising, the electric sign business or the commercial sign business within the City until such person, firm or corporation has obtained a license as herein provided:
(1) The license to engage in the business of outdoor advertising, the electric sign business or the commercial sign business shall be known as a "sign erector's license", and the work performed by a person, firm or corporation, who or which has been issued such sign erector's license, shall be limited to the work including in the classification "commercial sign business", "electric sign business" or "outdoor advertising" according to which of such classification is specified on the license and which classification shall be consistent with the fee paid for the license.
(2) Sign erector's licenses shall be issued only to those persons, firms or corporations who or which show sufficient knowledge and experience to satisfy the Zoning Administrator as to their ability to properly perform all work permitted and including under the license applied for, except that the Zoning Administrator may deny a license to any person, firm or corporation who or which has habitually or willfully violated any of the provisions of this Chapter which apply to signs or who or which has failed to comply within the time specified, with a reasonable and valid order properly issued and served by the Zoning Administrator to cause compliance with any such provisions.
(h) License Application. Application for a sign erector's license shall be made to the Zoning Administrator. The applicant shall furnish the Zoning Administrator such information as the Zoning Administrator may deem necessary for the proper enforcement and application of the provisions of this Chapter which are applicable.
(j) Expiration and Renewal of License. All sign erectors' licenses shall expire at 12:00 midnight on December 31 of each year, and a new license must be procured before any work is performed for which a license is required, except that such license to engage in outdoor advertising shall be procured on or before the expiration of an existing license held by the applicant.
(k) Bond and Insurance Required. No person, firm or corporation shall engage within the City in the business of outdoor advertising, electric sign business or commercial sign business until such person, firm or corporation shall have filed with the Director of Finance a bond in the sum of fifty thousand dollars ($50,000), or in lieu thereof, a public liability policy in the amount of fifty thousand dollars ($50,000) which as a condition thereof shall save and keep harmless the City and its officials from all damages, liabilities, losses, costs or judgments that may be claimed against same by reason of the negligent erection, alteration or repair of any sign which may be hereafter constructed, erected, repaired or altered in the course of their respective business.
(l) Lapsing of Bond or Insurance. The sign erector's license of any person, firm or corporation shall be automatically revoked if the bond or insurance required under the provisions hereof is found to be faulty or unreliable, or is not renewed or replaced on or before the expiration thereof.
(m) Building Permit; Fees. Any person, firm or corporation that is required to secure and operate under a sign erector's license as provided in this Chapter shall be required to apply for a building permit for each and every sign to be placed or erected within the City as provided in Section 1193.11
of the Development Code, and to pay a fee therefor at the rate in Chapter 1321
. In the event that both sides of the sign shall be used for advertising purposes, then the total area of both sides of such sign shall be considered in determining the fee.
(n) Permit Application. The application for a permit shall be submitted in such form as the Zoning Administrator shall prescribe, but in every instance shall establish the exact location of the sign, and shall be accompanied by structural design drawings prepared by a person competent to design such structure.
(o) Inspection of Construction. The construction and/or erection of any such sign shall be supervised and inspected either by the person who prepared the structural design drawings, or by another competent person approved by the Building Commissioner.
(p) Status of Prior Violations. All violations of the sign regulations repealed by the adoption of this Development Code shall remain violations and all penalties and enforcement remedies set forth herein shall be available to the City as though the violation were a violation of this Development Code. Provided, however, that if the effect of this Development Code is to make a sign, that was formerly unlawful or non-conforming, become lawful and/or conforming, then no enforcement action shall be taken except for the imposition and collection of penalties, other than the removal of the sign, for the violations that occurred prior to the effective date of this Development Code.
1195.01 PURPOSE AND FINDINGS.
(a) Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.
(b) Findings. The City Council has received substantial evidence concerning the association of negative secondary effects with sexually oriented businesses in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona: Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
1195.03 DEFINITIONS.
(a) "ADULT ARCADE" means any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video or laser disc players, or (ii) other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(b) "ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(c) "ADULT CABARET" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) persons who appear in a "state of nudity" or "state of semi-nudity"; or
(2) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
(4) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(d) "ADULT MOTION PICTURE THEATER" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and that take place outside the context of some larger form of expression.
(e) "ADULT THEATER" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the depiction or description of "specified anatomical areas," "specified sexual activities" or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment and which for each of the previously mentioned categories, take place outside the context of some larger form of expression.
(f) "COVERING" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(g) "ESTABLISHMENT" means and includes any of the following
(1) the opening or commencement of any sexually oriented business as a new business;
(2) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) the additions of any sexually oriented business to any other existing sexually oriented business; or
(4) the relocation of any sexually oriented business.
(h) "NUDE MODEL STUDIO" means any place where a person who appears semi-nude or who displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include:
(1) a proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
(2) a private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) an establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(i) "NUDITY" or a "STATE OF NUDITY" or "NUDE" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(j) "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(k) "SEMI-NUDITY" or "SEMI-NUDE CONDITION" or "SEMI-NUDE" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(l) "SEXUAL ENCOUNTER CENTER" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(m) "SEXUALLY ORIENTED BUSINESS" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
(n) "SPECIFIED ANATOMICAL AREAS" means:
(1) the human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(o) "SPECIFIED SEXUAL ACTIVITIES" means any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above.
(p) "SUBSTANTIAL ENLARGEMENT" of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this adopting ordinance took effect.
1195.05 SEXUALLY ORIENTED BUSINESSES.
Sexually oriented businesses are classified as follows:
(a) adult arcades;
(b) adult bookstores, adult novelty stores, or adult video stores;
(c) adult cabarets;
(d) adult motion picture theaters;
(e) adult theaters;
(f) nude model studios;
(g) sexual encounter centers; and
(h) any combination of classifications set forth in paragraphs (a) through (g) above.
1195.07 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Sexually oriented businesses may be located only in accordance with the restrictions contained in (b) through (f) below.
(b) No sexually oriented business may be established within 500 feet of:
(1) A church, synagogue, mosque, temple or other building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of either the City park and recreation authorities or which is operated or managed by the Cleveland MetroParks.
(c) No sexually oriented business may be established within 300 feet of:
(1) A boundary of a residential district as defined in the Development code;
(2) A structure that constitutes a lawful non-conforming residential use as defined in the zoning or Development Code.
(d) No sexually oriented business may be established in any building located in the Westwood Town Center.
(e) No sexually oriented business may be established, operated or enlarged within 1,000 feet of another sexually oriented business.
(f) Not more than one sexually oriented business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business shall not be increased.
(g) For the purpose of sub-section (b) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in sub-section (b).
(h) For the purpose of sub-section (c) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest front entrance of the building or structure where a sexually oriented business is constructed, to the nearest property line of the premises of a use listed in sub-section (c). Provided, however, that:
(1) where the building or structure where a sexually oriented business is conducted has a minimum width of 400 linear feet without an opening in the building frontage that extends through the entire depth of the building, the building itself shall be considered to constitute an adequate buffer protecting those uses listed in subsection (c), located to the rear of said building, from the negative secondary effects associated with sexually oriented businesses, and
(2) for buildings that meet the minimum width requirement in (1) above, the 300 feet minimum distance requirement in subsection (c) is waived as to any measurements where a straight line between the two points being measured passes through said building.
(i) For purposes of sub-section (e) of this Section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
1195.09 ADDITIONAL REGULATIONS CONCERNING LOT, SETBACK, HEIGHT, PARKING, BUILDING AND SITE DESIGN STANDARDS, AND DEVELOPMENT PLAN REQUIREMENTS.
(a) Lot requirements for sexually oriented businesses are those specified for Local and General Business Districts in Chapter 1167 of this Code.
(b) Setback requirements for a sexually oriented business are those specified for Local and General Business Districts in Chapter 1167 of this Code.
(c) Maximum height regulations for a sexually oriented business are those specified for Local and General Business Districts in Chapter 1167 of this Code.
(d) Parking requirements for a sexually oriented business are governed by the provisions contained in Chapter 1187 of this Code.
(e) Building and site development plans for a sexually oriented business shall be submitted to the Planning Commission and the Design and Construction Board of Review in accordance with the procedures specified in Chapter 1127 of this Code.
(f) Review and approval procedures for a site development plan for a sexually oriented business shall be in accordance with the procedures specified in Chapter 751 of the Codified Ordinances of Rocky River, Licensing and Operation of Sexually Oriented Businesses.
1195.11 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
(b) Review and approval procedures for any sign permit for a sexually oriented business shall be in accordance with the procedures specified in this Code and Chapter 751 of this Code, Licensing and Operation of Sexually Oriented Businesses.
(d) No merchandise or pictures of the products or entertainment on the premises of a sexually oriented business shall be displayed in window areas or any area where they can be viewed from the sidewalk or street in front of the building.
(e) Window areas of a sexually oriented business shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
(a) The term "adult use cannabis operator" shall have the same meaning as in Section 3780.01(A)(2) of the Ohio Revised Code, effective December 7, 2023.
(b) No person or entity licensed as an adult use cannabis operator under Chapter 3780 of the Ohio Revised Code shall open, establish, or operate any business or commercial enterprise of any kind within the corporate limits of the City.
(c) Notwithstanding the provisions of Chapter 3780 of the Ohio Revised Code, all cultivating, processing and dispensing of adult use cannabis, cannabis and marijuana is prohibited within the corporate limits of the City.
(d) No permit, zoning variance or exception, or other administrative approval shall be approved or issued by any administrative official of the City to any person, entity or other applicant desiring or intending to operate a business or commercial enterprise as an adult use cannabis operator within the corporate limits of the City.
(e) Any use or condition caused or permitted to exist in violation of any of the provisions of this Section 1195.12 shall be and hereby is declared to be a public nuisance and shall be abated by the City.
(Ord. 112-23. Passed 12-18-23.)
1195.13 SEVERABILITY.
If any section, subsection, or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, sub-sections, and clauses shall not be affected.
CODIFIED ORDINANCES OF ROCKY RIVER