Shaker Heights City Zoning Code
TITLE SIX
Development Standards
1260.01 USE OF LAND AND BUILDINGS.
In each zoning district, the following restrictions shall control the use of land and buildings:
A. Unless otherwise provided in this Zoning Ordinance, uses not specifically listed in a zoning district are not permitted in that zoning district.
B. Unless otherwise provided in this Zoning Ordinance, all business activity, service, storage, merchandise display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building. Permitted off-street parking lots, off-street loading facilities and open sales lots, including auto sales lots and plant nurseries, need not be enclosed, but shall be screened pursuant to Chapter 1253, Landscaping and Screening Regulations.
C. No more than one principal building shall be located on any zoning lot in a Single-or Two-Family Residential District.
D. Unless otherwise provided in this Zoning Ordinance, all lots shall front on a public street.
1260.02 PERMITTED OUTDOOR BUSINESS ACTIVITIES.
A. Section 1260.01.B above notwithstanding, the following uses need not be enclosed if located in a commercial district:
1. The loading and unloading of vehicles necessary for the transaction of business.
2. The maintenance of parking areas for use by employees and customers.
3. The display and sale of goods sold on the premises, provided the display is located behind the building setback line and within fifteen (15) feet of the principal building, and does not occupy or interfere with the use of required off-street parking spaces and aisles pursuant to Section 1263.17, Outdoor Storage.
4. Outdoor seating for restaurants, pursuant to Section 1262.11, Outdoor Dining.
5. Pump islands at automotive fuel stations.
6. Garden centers, pursuant to the screening requirements of Section 1253.09, Landscape Buffers and Screening.
B. Any of the above Outdoor Business Activities may be subject to additional development standards.
1260.03 BULK.
No structure or lot shall be developed, used, or occupied unless it meets the lot area, lot width, yards, building height and maximum lot coverage requirements established in the applicable district regulations, unless otherwise provided in this Zoning Ordinance.
1260.04 ALLOWABLE ENCROACHMENTS.
Section 1260.03
above notwithstanding, some structures may be permitted to encroach upon required yards or lot coverage requirements, as provided by Table 1260.04, Allowable Encroachments. The following encroachments are permitted in all districts, except as otherwise noted herein
Type of Structure or Use Encroachment | Front and Corner Side Yards | Side Yard | Rear Yard |
Air-conditioners which are window units | 18" | 18" | 18" |
Antennae, Single | X | See Section 1262.02. | |
Arbors and trellises, no more than eight (8) feet in height and attached to a fence or gate | X | P | P |
Awnings and canopies | 5' | 2.5' | 10' |
Balconies | 5' | 5' | 5' |
Basketball standards | X | P, no closer than 10' to the property line | P, no closer than 10' to the property line |
Bays, bay windows, or porticoes which are one story high and occupy no more than thirty-five percent (35%) of the front building face. | 3' | 3' | 3' |
Belt Courses, window sills and other ornamental features | 6" | 6" | 6" |
Breezeways and open porches | 10' | 2' in SF districts, | 10' |
5' in other districts | |||
Central air-conditioning systems, heating, ventilating, pool and filtering equipment | See Section 1262.08 | ||
Clothes line and poles | X | X | P |
Cornices | 18" | 18" | 18" |
Chimneys which shall not occupy more than thirty-five percent (35%) of the front building face | 3' | 3' | 3' |
Decks, open, and patios, one (1) feet high or more | 10' | 2' in SF districts, 5' in other districts | 10' |
Eaves | 3' | 3' | 3' |
Entrance canopies and similar overhanging roofs, for apartment or commercial uses, covering no more than one (1) square foot of lot area per each two (2) feet of lot frontage | P | P | P |
Fallout shelters (completely underground) | X | X | P |
Fences or walls | See Section 1262.05 | ||
Fire escapes | X | 3' | 4' |
Flagpoles | No more than fifteen (15) feet in height and no closer to a property line than twenty (20) feet in Residential districts and 30' in Commercial districts. | ||
Garages | |||
Recreational structures, except basketball | X | X | P |
standards (see above) | |||
Signs | See Chapter 1250. | ||
Steps or ramps four (4) feet or less above grade for access to a permitted building or for access to a zoning lot from a street | P | P | P |
Terraces which are open and not over three (3) feet above the average level of the adjoining grade (does not include permanently roofed-over terrace or porch) | 10' | 2' in SF districts, 5' in other districts | 10' |
Retaining walls no higher than three (3) feet | P | P | P |
Notes: P is permitted subject to setback and height limitations | |||
X is prohibited | |||
x' indicates the number of feet a structure or use may project into the yard | |||
x" indicates the number of inches a structure or use may project into the yard | |||
1260.05 VIEW OBSTRUCTIONS.
No person shall plant, construct or maintain upon any land or premises within the City, any hedge, wall, fence, or other structure or object which will interfere with, obstruct the view of or create a safety hazard for any motor vehicle being driven on a public street, whether such obstruction is on private or public property. At a minimum, a fifteen (15) foot “visibility triangle” will be provided at each intersection as measured from the curb line and as illustrated below.
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1260.06 ENVIRONMENTAL PERFORMANCE STANDARDS.
A. General Requirement. All uses shall comply with the performance standards established in this Section unless any federal, state, county or city law, ordinance or regulation establishes a more restrictive standard, in which event the more restrictive standard shall apply.
B. Nuisance. No use shall be operated or maintained which creates an environmental detriment or public nuisance, including but not limited to visual clutter created by excessive signage, lighting, or outdoor storage noise or odors as defined herein or other noise and odors such as those created by pets or garbage.
C. Noise. Any activity or operation of any use producing noise (other than ordinary vehicular noise) shall be as regulated by the noise standards in Chapter 755 of the City of Shaker Heights Municipal Code.
D. Lighting. All on-site lighting of buildings, lawns, and parking areas shall be designed so as not to shine or cause glare onto any adjacent property or building, or to cause glare onto any public street or vehicle thereon.
E. Glare And Heat. Principal and accessory uses producing glare or heat shall be conducted so that no glare or heat from the activities or operations shall be detectable at any point off the zoning lot on which the use is located. Flickering or intense sources of light shall be controlled or shielded so as not to cause a nuisance across lot lines.
F. Vibration. No earthborne vibration from any operations of any use shall be detectable at any point off the zoning lot on which the use is located.
G. Dust And Air Pollution. Dust and other types of air pollution borne by the wind from sources such as storage areas and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, screening, sheltering, paving, oiling, fencing, wetting, collecting or other acceptable means.
H. Fluid Discharge Of Radioactive And Hazardous Waste. The discharge of fluid and the disposal of radioactive and hazardous waste materials shall be in compliance with applicable state and federal laws and regulations governing such materials or waste and with the Shaker Heights Health Code. No operation which produces radioactive or hazardous waste material shall commence without prior notice to the Chief Administrative Officer, the Zoning Administrator, the Fire Chief, the Chief of Police and the Building Commissioner. Notice shall be given at least three (3) weeks before the operation is commenced.
Radioactive and hazardous material shall be transported, stored and used only in conformance with all applicable federal, state, and local laws.
I. Electromagnetic Interference. Electromagnetic interference from any operations of any use in any district shall not adversely affect the operation of any equipment located off the zoning lot on which such interference originates.
J. Odors. The release of materials intrinsically odorous or capable of being odorous, either by bacterial decomposition or chemical reaction, which renders it perceptible from beyond the zoning lot, shall be prohibited.
K. Toxic Substances. The storage, handling or transport of toxic substances shall comply with State of Ohio rules and regulations, as applicable relative to the prevention of water pollution.
L. Water Pollution. All uses shall comply with the State of Ohio rules and regulations, as applicable regarding the prevention of water pollution.
M. Fire And Explosion Hazards. Materials that present potential fire and explosive hazards shall be transported, stored and used only in conformance with applicable federal, state and local laws.
N. Outdoor Storage. All outdoor storage for fuel, raw materials and products shall be enclosed by a solid fence, wall or plant materials adequate to conceal such facilities from adjacent properties and public right-of-way, pursuant to Section 1253.09, Landscape Buffers and Screening.
O. Drainage. No use shall adversely affect the natural drainage pattern on its own or any other lot.
1261.01 TYPES OF TEMPORARY USES.
Temporary uses are intended to occasionally permit some activities which would not normally be permitted if they are of minimum scope and intensity as regulated herein. Temporary uses fall into two (2) categories, administrative e and discretionary. Administrative temporary uses require a permit from the Zoning Administrator subject to the requirements and restrictions herein.
Discretionary temporary uses require a Conditional Use Permit and shall also be subject to the requirements and restrictions herein. Any temporary signs associated with temporary uses are subject to the provisions of Chapter 1250, Sign Regulations.
1261.02 TIME LIMIT.
A. Administrative Temporary Uses. Administrative Temporary Uses or structures shall continue for a period of time no longer than one (1) year and may be further limited by the Zoning Administrator.
B. Discretionary Temporary Uses. Discretionary temporary uses shall be limited in time at the discretion of the City Planning Commission and the City Council.
C. Recurring and Extended Temporary Uses. Recurring temporary uses and structures, where the same temporary use or structure is established on the property on an annual basis or other regular period basis, shall be reviewed and authorized as a conditional use pursuant to Section 1213.05, Conditional Uses, of this Zoning Ordinance.
1261.03 TEMPORARY USES ON PRIVATE RESIDENTIAL PROPERTY.
Restrictions on temporary uses shall not apply to any use which is conducted entirely on private residential property, excluding estate sales but including garage sales, operated by the person, company, or organization owning the property, provided that the duration of the temporary use does not exceed three (3) days and is repeated not more than four (4) times a year.
1261.04 CERTIFICATE OF OCCUPANCY REQUIRED FOR HUMAN OCCUPANCY.
Section 1261.02, Time Limit, notwithstanding, any tent, trailer, or structure pursuant to this Zoning Ordinance and intended or used for human occupancy shall require review by the Building Department.
1261.05 LOCATION OF TEMPORARY USES ON THE LOT.
All temporary uses shall be conducted behind the building setback line except as otherwise permitted by the City Council.
1261.06 TEMPORARY USES SUBJECT TO ADMINISTRATIVE APPROVAL.
The following temporary uses and structures are permitted in any zoning district if they meet the requirements of this Zoning Ordinance as determined by the Zoning Administrator:
A. Christmas Tree Sales Lots, provided that:
1. The use is located on a lot that fronts a collector or arterial street.
2. The use is located on a vacant lot or parking area.
3. The trees are located at least fifty (50) feet from any structure on another lot.
4. Trees remaining on hand after December 25 shall be removed from the premises no later than December 31 of the same year.
5. Outdoor lights shall require an electrical permit from the Shaker Heights Building Department.
6. No signs shall be erected accessory to the Christmas tree sale.
B. Construction trailers, equipment storage sheds and portable lavatories provided that:
1. The trailer, shed or portable lavatory is incidental to construction.
2. The trailer, shed or portable lavatory is located on the same lot as the construction or on an abutting lot.
3. The trailer, shed or portable lavatory shall remain on the property no longer than the time of construction.
4. The trailer, shed or portable lavatory will be located no closer than twenty (20) feet from any public street or any other property located in a residential district.
5. Any sign located on the trailer shall be considered the Construction Sign permitted pursuant to 1261.06.F below.
6. All such trailers, sheds or portable lavatories shall comply with all applicable codes.
C. Tents, provided that:
1. The applicant shall show proof of a tent permit acquired from the Shaker Heights Fire Department and a Certificate of Insurance.
2. All tents shall be erected pursuant to the requirements of Article 19 of the BOCA Fire Prevention Code and Section 624 of the Shaker Heights Building Code.
3. All tents shall be constructed of fire-retardant material and erected securely. Guy wires, stakes, or other supports shall be clearly marked and secured.
4. Tents shall be erected in the rear yard only.
5. Tents shall require a setback of at least ten (10) feet from side and rear property lines.
6. Lighting or other electrical equipment shall require an electrical permit from the Shaker Heights Building Department.
7. Tents shall be erected for no longer than ten (10) days, except as otherwise provided by the Zoning Administrator.
D. Art, Craft and Book Sales and similar uses as determined by the Zoning Administrator.
E. Sidewalk Sales.
F. Construction Signs pursuant to Chapter 1250, Sign Regulations.
G. Construction fences, provided that:
1. The construction fence shall extend no closer to the street right-of-way than twenty (20) feet in front of building setback line, nor encroach on the street right-of-way.
2. The construction fence shall be of a dark, neutral color.
3. The construction fence shall be a maximum of six (6) feet tall.
H. Dumpsters, provided that:
1. Temporary construction dumpsters shall be located in the rear yard during active construction only.
2. The Zoning Administrator can approve another location if placement in the rear yard is not practical.
1261.07 TEMPORARY USES SUBJECT TO DISCRETIONARY APPROVAL (APPROVAL BY THE CITY PLANNING COMMISSION AND CITY COUNCIL).
The following temporary uses, and any other temporary uses not specified in Section 1261.06, Temporary Uses Subject to Administrative Approval above, are permitted only upon approval by the City Planning Commission and City Council pursuant to a conditional use permit and based upon the standards set forth below:
A. Carnivals, provided that:
1. Trailers and other equipment do not block driveways or other points of emergency vehicular access to any property.
2. Trailers and other equipment do not block a public street, alley, or sidewalk.
3. The operation will be located entirely within the private or public property designated for the event.
4. Carnivals operated by the City of Shaker Heights are exempt from these requirements.
B. Vendors’ Carts and Stalls, provided that:
1. The cart or stall is accessory to a use in a commercial district.
2. The cart or stall will be located between the principal building and a public right-of-way.
3. The cart or stall will not block a driveway or other point of emergency vehicular access to any property.
4. The cart or stall will not block a public sidewalk.
5. The cart or stall shall operate no more than three (3) days in a row and no more than two (2) times per year.
C. Produce and Farmer’s Markets.
D. Sidewalk cafes, but only when accessory to restaurants which operate entirely within enclosed buildings, and where the outdoor seating is located on public right-of-way, pursuant to Section 1263.18, Outdoor Dining.
E. Garage Sales occurring more than three (3) times per year, provided that:
1. All activity or display related to the sale shall be conducted behind the building setback line.
2. No signage shall be placed advertising the sale.
F. Prefabricated trailers used for offices, schools or similar uses. Use of a trailer for retail purposes is specifically prohibited.
G. Similar uses as determined by the Zoning Administrator.
1262.01 GENERAL REGULATIONS.
A. Relationship to Main Structure. Except as otherwise provided in this Chapter, no accessory use or structure shall be approved, established, or constructed before the principal use or structure is approved, established, or constructed.
B. Proximity To Main Structure. Except as otherwise provided in this Zoning Ordinance, detached accessory uses or structures shall be located no closer than ten (10) feet from the nearest wall of a principal structure.
C. Setbacks for Accessory Structures. Special setback requirements may be found for the following uses in the following sections:
Fences and walls | = | 1262.05 Fences and Walls. |
Garages | = | 1262.07, Single- and Two-Family Residential Garages; |
1262.06 Multiple-Family and Apartment Residential | ||
Garages; 1262.12, Parking Structures. | ||
Recreational structures | = | 1262.13, Recreational Structures. |
Storage structures | = | 1262.16, Storage Structures. |
Swimming pools | = | 1262.17, Swimming Pools and Hot Tubs. |
Except where specifically authorized elsewhere in this Zoning Ordinance, the setbacks for Accessory Uses and Structures shall conform to the following:
1. Accessory Structures Permitted in Rear Yard Only. No accessory structure, except as otherwise provided by Table 1260.04, Allowable Encroachments or other provisions of this Zoning Ordinance, shall be located in required front, corner side, or interior side yards.
2. General Requirement for Rear and Side Yard Setbacks.
a. | SFl District | = | Five (5) feet. |
b. | Other Districts | = | Three (3) feet. |
3. Additional Rear Yard Setback when Adjacent to Residential Side Yard. When the rear lot line is adjacent to the side lot line of an adjacent residential lot, no accessory building shall be located closer than ten (10) feet to the rear lot line.
4. Additional Side Yard Setback when Adjacent to Street Right-of-Way. When the side lot line is adjacent to a public right-of-way, no accessory structure shall be located closer than fifteen (15) feet to the street line on the side of the lot, nor closer than any setback building line which applies to that particular street.
Figure 1262.01.C Additional Side Yard Setback When Adjacent to Street Right-of Way;
Additional Rear Yard; Setback When Adjacent to Residential Side Yard
Additional Rear Yard; Setback When Adjacent to Residential Side Yard
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D. Height Limitation. Special height requirements may be found for the following uses in the following sections:
Antennae | = | 1262.02, Antennae. |
Fences and walls | = | 1262.05, Fences and Walls. |
Garages | = | 1262.07, Single- and Two-Family Residential Garages; |
1262.06 Multiple Family and Apartment Residential | ||
Garages; 1262.12, Parking Structures. | ||
Ornamental Structures | = | 1262.10, Ornamental Structures. |
Recreational structures | = | 1262.13
, Recreational Structures. |
Except where specifically authorized elsewhere in this Zoning Ordinance, the height of Accessory Uses and Structures shall conform to the following:
1. Residential Districts and C1 District. Ten (10) feet.
2. Other Districts. The height of accessory buildings or structures shall not exceed the height of the primary use nor twenty (20) feet, whichever is less. Accessory structures such as chimneys, flagpoles, fire towers and utility service poles which are located on top of buildings may extend ten (10) feet above the principal building, and shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.
E. Coverage by Accessory Structures. Special area requirements may be found for the following uses in the following sections:
Swimming pools | = | 1262.17, Swimming Pools and Hot Tubs. |
Except where specifically authorized elsewhere in this Zoning Ordinance, Accessory Uses and Structures shall comprise not more than the following percentage of the area of the yard in
which they are located:
1. | SF1 and SF2 Districts | = | Thirty percent (30%). |
2. | SF3 and TF District | = | Forty percent (40%). |
F. Occupancy Limitation. No accessory building shall contain living quarters.
1262.02 ANTENNAE.
The following regulations apply to all antennae, except for Wireless Telecommunication Facilities as defined in Chapter 1243 of this code.
A. Purpose and Intent. This Section is intended to comply with federal law, policies and guidelines. This Section is also intended to comply with federal policies and guidelines in that it does not differentiate among types of antennae. This Section is also intended to comply with the policies and guidelines and of state and federal laws including the Federal Telecommunications Act of 1996 in that it does not intend to impair the installation, maintenance, or use of antennae. However, this section is intended to preserve the city’s right to reasonably restrict placement of antennae in order to preserve historic districts, including without limitations the consideration of aesthetic issues other than historic considerations such as the relative height of structures and trees, views, preservation of residential areas, property value.
This Section is also intended to comply with state and federal law to the degree permitted and intended to comply with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, which recommends against:
“Introducing new construction onto the building site that is visually incompatible in terms of size, scale, design, materials, color and texture or which destroys historic relationships on the site.” According to Federal Regulation 36 CFR 800.5 (a) (1), the installation of an antenna is considered to alter, either directly or indirectly, any of the characteristics of a historic property for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feelings, or association, diminishing the integrity of the property’s historic features.
B. Health and Safety Objectives. The City Council intends to protect the public health and safety of the citizens of the City of Shaker Heights from potential hazards associated with the installation and maintenance of antennae within the City. The restrictions and standards herein are intended to assure that all antennae installations are adequately constructed and located so as to minimize potential detrimental effects associated with such installations.
C. Aesthetic Objectives. In addition to public health and safety concerns, the City Council intends to satisfy the following aesthetic objectives:
1. Preserving the historic character of the City of Shaker Heights as evidenced by the designation of three fourths of the City as an historical district that is recognized by the National Register of Historic Places, which designation has been based in large part upon the architectural and other aesthetic qualities of both residential and commercial districts within the City.
2. Preserving the planned community concept of the Van Sweringens, which was based upon quality housing within a residential zone, commercial areas which are convenient for shopping and other commercial uses, and public transportation with access to the industrial and commercial areas of downtown Cleveland.
3. Preserving the distinctive nature of the homes in the residential areas of the City of Shaker Heights, including many century homes and neighborhoods which have been designed and preserved for the purpose of the well-being of the communities within the City.
4. Preserving the image of the City as a community which is concerned about its fine stands of trees and other vegetation, which is evidenced by the tree trimming and preservation programs which have been provided by the City to its residents.
D. General Requirements.
1. Antennae shall be permitted as follows subject to the other requirements herein, including the requirements for structures located in a historic district:
a. One (1) private non-commercial antenna, including satellite receiving dishes of one meter or less and antennae designed to receive television broadcast signals, shall be permitted for each dwelling unit in SF and TF Districts.
b. One private non-commercial antenna serving a specific structure type, whether reception or transmission, is permitted per multiple-family building.
c. Two private non-commercial antenna serving a specific structure type, whether reception or transmission, is permitted per commercial use, whether freestanding or part of a multi-use building.
d. Antennae for the purpose of receiving RF signals and for amateur or “ham radio” transmitting are permitted in all districts.
2. Other Antennae Require Conditional Use Permit. Any antenna which does not fit into the above antennae types shall require a Conditional Use Permit.
E. Size and Location Restrictions. All antennae shall be mounted on anchored to the principle structure unless there is no practical placement location as determined by the Zoning Administrator.
1. Satellite dishes less than 1 meter in diameter and television broadcast antennae are exempt from a permit but have locational regulations:
a. Mounted to a principle structure: each antenna shall be located on that portion of a hip, gable, or gambrel roof which does not face a public street and shall be mounted behind the highest roof peak on the main structure. On flat roofs an antenna shall be located in a way so as to minimize its visibility from other properties. If affixed to the structure of buildings within the historic district, antennae and dishes must be installed to avoid damage, such that if the antenna is removed, it shall not have permanently altered the structure. When affixed to a masonry structure, antennae must be attached to the mortar joints, not to the face of the stone or brick.
b. Free-standing mounted in the ground: the maximum length or diameter of any antenna, exclusive of structural supports, shall not exceed ten (10) feet.
2. Antennae Anchored to Principal Structure. All antennae shall be mounted on anchored to the principle structure unless there is no practical placement location as determined by the Zoning Administrator.
The following regulations shall apply to all antennae which are affixed to the main structure except as provided above on any parcel, including but not limited to roof mounted antennae and towers which are mounted in the ground and affixed to the main structure for support. Antennae mounted on or affixed to detached garages and other accessory structures are not permitted in the City of Shaker Heights.
a. Dimension. The maximum length or diameter of any antenna, exclusive of structural supports, shall not exceed ten (10) feet.
b. Mounting. Each antenna shall be located on that portion of a hip, gable, or gambrel roof which does not face a public street and shall be mounted behind the highest roof peak on the main structure. On flat roofs an antenna shall be located in a way so as to minimize its visibility from other properties. If affixed to the structure of buildings within the historic district, antennae and dishes must be installed to avoid damage, such that if the antenna is removed, it shall not have permanently altered the structure. When affixed to a masonry structure, antennae must be attached to the mortar joints, not to the face of the stone or brick.
c. No antennae including structural supports shall exceed forty (40) feet in height above average grade, or ten (10) feet above a roof line, whichever is taller.
3. Free Standing Antennae. Free-standing antennae must be determined as a suitable alternative to being mounted or anchored to the principle structure by the Zoning Administrator. The Zoning Administrator must consider other practical locations mounted or anchored to the principle structure before considering a free-standing location.
The following regulations shall apply to all free standing antennae, which are those antennae mounted in the ground, with or without guy wires.
a. Freestanding antennae shall be constructed only in the rear yard between the side yard setbacks and no closer than ten (10) feet to any property line.
b. Free standing antennae which are transmitting and receiving antennae shall not be higher than ten (10) feet above the roof line of the main structure.
c. Free standing antennae which are receiving only, exclusive of supportive structure, shall not exceed a height of ten (10) feet, nor ten (10) square feet.
F. Aesthetic and Screening Requirements.
1. All free standing antennae shall be substantially screened by evergreen trees or shrubbery of at least the height of the unit, such screening may be open on one (1) side to facilitate reception.
2. The applicant shall demonstrate that the proposed location is such that during all seasons, no part of any ground mounted antennae structure will be visible to the neighbors and the general public from a point that is between the ground level and six (6) feet above ground level on surrounding property. This provision is satisfied by the installation of evergreen plantings, which shall screen the antennae at the time of installation.
3. Antennae shall be of a color compatible with the surrounding landscape and structures, provided such antennae above the roof line may be of the natural color of the antennae structure.
4. All installations shall exhibit architectural quality, coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials, and questionable stability are not permitted. In every case, the entire installation including evergreen plantings, shall be compatible with the character of the surrounding area of the City and shall have no adverse impact on the property, the neighborhood, or general public.
G. Structural Safety Requirements. The following structural safety requirements shall be applied to all antenna installations. The Building Department shall review antenna applications as required by the Building Code for conformance to these requirements.
1. If guy wires are used, they shall be sufficiently visible to prevent accident or injury to any person.
2. Every antennae shall be constructed in accordance with the Building Code of the City of Shaker Heights, as amended, including the electrical provisions thereof and shall also comply with specifications of the manufacturer.
H. Permit Required Application Requirements. All antennae, except for satellite receiving dishes of one meter or less and antennae designed to receive television broadcast and signals, shall be considered accessory structures and may only be installed upon obtaining a building permit from the Building Department, if necessary, and a code compliance check from the Zoning Administrator.
For all antennae other than a satellite receiving dish of one meter or less and antenna designed to receive television broadcast signals; the applicant must provide:
1. A plot plan showing proposed location and dish projection at extremes of the satellite band to be viewed.
2. Landscape plan showing existing and proposed vegetation for completely screening the installation from the neighboring and street view pursuant to, and as required by 1262.02.F., Aesthetic and Screening Requirements, and Chapter 1253, Landscaping and Screening Regulations, of this Zoning Ordinance.
3. A description of the use and purpose of the antenna, including whether it is receiveonly, transmitting-only, or both.
I. Impairment of Reception, Line of Sight and Technical Problems.
1. The above regulations are not intended to impair the reception of an acceptable quality signal for satellite viewing dishes of one meter or less and an alternative location or landscape plan shall be permitted when it is shown that they would result in such impairment.
2. The Zoning Administrator may consider alternate locations for an antenna which does not comply with this Zoning Ordinance, provided that the applicant has proven that such antenna will be entirely inoperable otherwise for any useful purpose, for reasons of “line of sight” or other technical reasons, or for reasons set forth in federal law or regulations.
1262.03 CHILD DAY CARE HOMES, B.
A. Definition-Number of Children. Child day care homes are defined by the number of children for which they care. A Child Day Care Home, Type B is a permanent residence in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted. Child Day Care Homes, Type B are a permitted accessory use in the SF1, SF2, SF3, and TF Districts.
B. Location and Distance. Any Child Day Care Home shall be located in the primary residence of its operator. Child Day Care Homes shall be located no closer than five hundred (500) feet to any existing Child Day Care Facility upon the same street or nearest intersecting street. Neither shall any Child Day Care Home be located upon property contiguous with a property upon which another Child Day Care Facility is located.
C. Hours of Operation. Child Day Care Homes shall not be operated between the hours of eight thirty p.m. and six thirty a.m. (8:30 p.m.-6:30 a.m.).
D. Compliance. The provider shall be responsible for compliance with all applicable City ordinances and state and federal statutes and regulations.
E. Inspection. Each Child Day Care Home shall be subject to inspection by the Building and Housing Director, and the Chief of Fire or their designees for conformance with applicable standards set forth in the City Fire and Housing Codes. Inspections shall be conducted by the Building and Housing Department and Fire Department.
F. Licensing. Every Child Day Care Home shall file, and maintain current proof of prior licensing (if any), certification or other approval of every public agency charged with its regulation.
G. Activity Area. If a Child Day Care Home shall provide and maintain an outdoor play area, such play area shall be fully enclosed by a fence, wall, or hedge of at least three (3) feet in height.
H. Evidence of No Contractual Restrictions. If the Child Day Care Provider is a lessee, a copy of the lease or other satisfactory documentation shall be provided as evidence that no contractual restrictions apply.
I. Registration. Every Child Day Care Home shall register with the Zoning Administrator on forms provided by the Planning Department, and shall be subject to administrative zoning review and inspections.
(Ord. 19-36. Enacted 6-24-19.)
1262.04 DOG PENS AND DOG RUNS.
A. Dog Pens or Dog Runs shall conform to the general setback and height restrictions governing all Accessory Structures.
C. Fencing used to construct Dog Pens and Dog Runs shall be constructed in the prevalent style as the majority of any other fencing on the same property.
1262.05 FENCES AND WALLS.
A. Permit Required. No person shall erect or substantially alter a fence or wall in the City of Shaker Heights without having first obtained a building permit from the Building Department.
B. Fence Exemptions.
1. Fences and walls legally in existence at the time of adoption of this Zoning Ordinance which are not in violation of Sections 1262.05.C.3, and 1262.05.C.9, below, which do not present a safety hazard to pedestrian or vehicular traffic, and which do not prevent accessibility by emergency vehicles, may continue to be maintained and to exist, but may not be replaced if fifty percent (50%) or more of the fence or wall is either destroyed or removed and if the replacement would continue the existence of a violation of these regulations.
2. Fences required as a part of athletic facilities such as but not limited to softball diamonds or tennis courts may be permitted at heights in conformance with established recreation standards.
C. General Restrictions and Prohibitions.
1. No private fence or wall shall be erected within the public right-of-way, and the City shall have the right to require the removal of any fence on a public right-of-way at no cost to the City. All improvements made by residents shall be made on that resident’s own property, and shall be maintained by the resident.
2. Snow fences shall not be placed in front yards except as specifically permitted by the City. Such fences shall be constructed of winter neutral colors such as brown or green. Snow fences shall only be permitted during the period beginning November 1 and ending March 30.
3. No fence or wall shall be maintained or erected if it is constructed with any material which is likely to inflict bodily harm should a person or animal come in contact with the fence or wall. Materials covered by this prohibition include sharp or ragged metal spikes or spears.
4. No wall which interrupts, impedes or otherwise alters the natural flow of water shall be erected in any residential district.
5. No barbed wire or barbed wire fences shall be erected in the City.
6. Chain link fences shall be permitted provided that, if visible from the street, they are 100% screened by evergreen vegetation and are constructed of a dark, neutral-colored, nonreflective material, as approved by the Zoning Administrator.
7. All fences and walls shall be erected in conformity with the wind and stress resistance requirements of the ordinances of the City of Shaker Heights.
8. All fences shall be erected so that their finished side faces out, and the unfinished side faces the property of the person who has caused said fence to be erected.
9. All fences, walls, hedges, and landscaped screening shall be maintained in good, structurally sound repair, and in neat, clean and attractive condition.
10. With respect to fences, the rear yard shall include the side yard up to the rear building line of the principal building.
11. Construction fence. See Section 1261.06 Temporary Uses.
12. All fences other than chain link fences, when located in the front yard or when visible from the street, shall be visually softened with landscaped screening as follows:
a. The amount of landscaped screening shall be proportional to the amount of solid fencing, as described in Figure 1262.05.C, Required Landscape Screening for Fences, below.
Figure 1262.05.C Required Landscape Screening for Fences
Percent Fence Open | 100% |  |
90% | ||
80% | ||
70% | ||
60% | ||
50% | ||
40% | ||
30% | ||
20% | ||
10% | ||
0% | 50% 100% | |
Percent Fence Screened | ||
b. The amount of screening shall apply to the fullness of the landscaping material at its maturity, which shall occur a maximum of five (5) years from the time of planting.
c. The screening shall be approved by the Zoning Administrator. Masonry walls landscape screening requirements can be reduced not more than 25% depending on the context, location and design of the wall as approved by the Zoning Administrator.
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D. Height and Setback Restrictions.
1. Fences shall meet the height and setback requirements of Table 1262.05.D
2. The height of fences shall be measured from the finished grade of the ground on which it is mounted, except when mounted on an earthen mound as used for buffering, in which case the height of the berm shall be included in the height of the fence.
Table 1262.05.D. Summary of Fence Regulations
SF1 | SF2 | SF3 | TF | MF | A | O | C1 | C2 | C3 | CM | I | PR | ||
Maximum Fence Height | Front | Three (3) feet. | Four (4) feet. | Six (6) feet. | Four (4) feet. | Three (3) feet. | ||||||||
Corner side | Six (6) feet | |||||||||||||
Interior Side | Six (6) feet | Eight (8) feet | Six (6) feet | |||||||||||
Rear | Six (6) feet | Eight (8) feet | ||||||||||||
Minimum Fence Setback | Front | 2/3 setback | Setback line | 2/3 setback | ||||||||||
Corner side | Setback of the adjacent reverse corner lot. | |||||||||||||
Interior Side | Property line, provided both applicant and neighbor have ten (10) foot side yard | Property line | Property line, provided both applicant and neighbor have ten (10) foot side yard | |||||||||||
Rear | Property line | |||||||||||||
E. Special Restrictions by Location of Fence.
1. Interior Side Yards. The following shall apply to fences located in the interior side yard of all residential districts and the I Institutional District:
a. Fences shall only be permitted in interior side yards provided that the principal buildings on both the applicant’s lot and the adjacent lot maintain a side yard setback of at least ten (10) feet.
b. Fences in interior side yards shall not extend in front of the principal building setback line.
c. Fences in interior side yards may be built up to the principal building setback line for the purpose of providing a return, but only if screened pursuant to Section 1262.05.C.7 above.
2. Corner Side Yards. Fences located in corner side yards shall not extend in front of the setback line of the principal building on the adjacent lot.
Figure 1262.05.E Fences in Corner Side Yards
3. Rear Yards.
a. Fences in rear yards which exceed the height of side yard fences shall extend no further than the rear of the principal building.
b. Fences located in the rear yard of any lot in any residential districts or the I Institutional District may be increased to eight (8) feet in height if such yard abuts the MF Multiple-Family Residential District, the A Apartment District, or any Commercial district.
1262.06 GARAGES, MULTIPLE-FAMILY AND APARTMENT.
A. Garages for multiple-family and apartment dwellings shall be constructed below grade, underneath the side and rear yards, and no closer than three (3) feet to the property line. The roof of such facilities shall not exceed three (3) feet above average grade and shall be completely covered over with earth and landscaped.
B. If the multiple-family or apartment garage is detached from the main dwelling, the garage shall be constructed no closer than twenty (20) feet from the main dwelling.
C. Multiple-family and apartment garages shall meet the height and size requirements of Table 1262.06, below.
D. Multiple-family and apartment garages may be located up to the lot line, but only within the rear yard setback, provided the wall of such garage is constructed of fire proof material in accordance with the ordinances of the City of Shaker Heights.
MF | A | ||
Minimum number of car spaces | Pursuant to Chapter 1251, Off-Street Parking Regulations. | ||
Maximum number of car spaces | None | ||
Maximum Garage Height | Twenty-five (25) ft. | ||
Minimum Garage Setback | Side | Three (3) ft., or property line if wall is fireproofed. | |
Rear | Three (3) ft., or property line if wall is fireproofed | ||
Maximum square footage | None | ||
1262.07 GARAGES, SINGLE- AND TWO-FAMILY RESIDENTIAL.
Garages in Single- and Two-Family Residential zones shall properly relate to the public streets by direct vehicular access while maintaining a design and appearance clearly subordinate to the principal building on the lot. Such design shall promote safety, aesthetic quality and vehicular and pedestrian convenience and shall minimize vehicular and pedestrian conflicts, congestion and any deteriorating effects on property values. Additionally, the following standards shall be observed:
A. Only one (1) garage structure shall be provided on any lot used for a Single- or Two-Family dwelling.
B. Such garage shall be attached to the principal building where a majority of the garages on the same block are also attached, and such garage shall be detached from the principal building where a majority of the garages on the same block are also detached. A variance from this restriction may be granted when the Board of Zoning Appeals determines that a garage of a different type will not adversely affect the use, enjoyment and valuation of properties.
C. Doors on all garages shall not face the street except on corner lots or except where a majority of the garage doors on a given block face the street.
SF1 | SF2 | SF3 | TF | ||
Minimum number of garage spaces | 2 | 2 | 2 | 3 | |
Maximum number of garage spaces | 4 | 3 | 2 | 4 | |
Maximum Garage Height | Setback 10 Feet = Maximum Height 20 feet Setback 5 Feet = Maximum Height 17 feet Setback 3 Feet = Maximum Height 15 feet | ||||
Minimum Garage Setback | Front | n/a - permitted in rear yard only | |||
Corner Side | n/a - permitted in rear yard only | ||||
Side | 5 ft. for SF 1 or 3 ft. or property line if fire-proofed per building code and under 15 feet tall in other districts. | ||||
Rear | 5 ft. for SF 1 or 3 ft. or property line if fire-proofed per building code and under 15 feet tall in other districts. | ||||
Maximum square footage | 800 sq. ft. | 700 sq. ft. | 600 sq. ft. | 800 sq. ft. | |
D. Garages shall meet the height and size requirements of Table 1262.07, Summary of Requirement for Single- and Two-Family Garages, except that where such size would exceed maximum permissible yard coverage, the required garage size shall be limited to that size which results in the maximum permissible lot coverage.
E. Garages may be located up to the lot line, but only within the rear and side yard setback, provided the wall of such garage is constructed of fireproof material in accordance with the ordinances of the City of Shaker Heights. Fireproofed garages may be located up to the property line only if fifteen (15) feet tall or less.
1262.08 HEATING, VENTILATION AND AIR CONDITIONING AND OTHER MOTORIZED EQUIPMENT.
A. In the MF, A, Commercial, and Office Districts, such equipment shall be located either indoors or on the roof of the principal building, and shall be designed as an integral part of the principal building or concealed with similar architectural treatment and materials as the exterior of the building.
B. In front or corner side yards, such equipment shall be located within five (5) feet of the structure or use it serves and screened by evergreen foundation plantings which measure, at maturity, at least as high as the unit itself.
C. In an interior side yard, such equipment shall be located within five (5) feet of the structure or use it serves. Such equipment shall only be permitted in interior side yards measuring a minimum of twenty-five (25) feet, and shall only be located in that part of the yard that exceeds the minimum side yard requirement. Such equipment shall be screened by a solid fence and/or evergreen vegetation that measures, at its maturity, at least as high as the equipment itself.
D. In the rear yard, such equipment shall be located within ten (10) feet of the structure or use it serves unless otherwise restricted by another ordinance and shall not be located within the side yard setback. Such equipment shall be screened from the side by a solid fence and/or evergreen vegetation which measures, at its maturity, at least as high as the equipment itself.
E. Any heating, ventilation, air conditioning equipment, and other motorized equipment (other than an individual window unit) and any swimming pool pumping and filtering equipment shall be screened to its full height from the view of the street and abutting properties by a solid fence and/or evergreen vegetation, and such screening shall be approved by the Zoning
Administrator.
1262.09 HOME OCCUPATIONS.
Home Occupations are regulated in order to ensure that their effects are not inappropriate to their location in residential districts.
A. The entrepreneur of every Home Occupation shall reside in the dwelling unit in which the business operates.
B. Only one (1) employee in connection with the Home Occupation who is not an actual resident of the dwelling unit may be on the site at any one (1) time.
C. All Home Occupation use activity conducted at the site of the Home Occupation shall be conducted entirely within a completely enclosed dwelling unit. Use of garage (detached or attached) or other building or structure accessory to the principal building on the zoning lot for any Home Occupation is expressly prohibited.
D. The Home Occupation shall not interfere with the delivery of utilities or other services to the area.
E. The total interior floor area used for the Home Occupation shall not exceed twenty percent (20%) of the total interior floor area of the dwelling or six hundred (600) square feet, whichever is less.
F. The activity should not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit in a residential zoning district.
G. No toxic, explosive, flammable, radioactive, or otherwise hazardous materials, nor any excessive waste materials whatsoever, shall be used, sold, or stored on the site. However, such materials common to ordinary household use are permitted, provided the quantity of such materials does not exceed that found in ordinary household use.
H. There shall be no advertising, signs, display, or other indications of a Home Occupation in the yard, on the exterior of the dwelling unit or visible from the exterior of the dwelling unit.
I. There shall be no alteration of the residential appearance of the premises, including no separate or exclusive business entrance(s) or placement of any sign.
J. No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.
K. No more than one vehicle shall be used in connection with a Home Occupation. The Home Occupation vehicle must be of a type ordinarily used for conventional private passenger transportation, i.e., passenger automobile, or vans and pickup trucks not exceeding Class 3 on the Federal Highway Administration’s Vehicle Classification System, as defined under Truck, Chapter 1211, Definitions and Rules of Word Usage. Further, the Home Occupation vehicle shall not require more than a passenger class driver’s license or be a vehicle designed for carrying more than twelve (12) persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo. Vehicles used accessory to a Home Occupation must be stored in the garage with the door drawn.
L. Deliveries from commercial suppliers shall not be made by any vehicle that exceeds Class 5 in the Federal Highway Administration classification system, as defined in Chapter 1211, Definitions and Rules of Word Usage. Deliveries shall not restrict traffic circulation and must occur between 9:00 a.m. and 5:00 p.m. Monday through Friday. Deliveries shall not occur so frequently as to interfere with the quiet peace of a residential neighborhood.
M. No more than ten (10) cars shall be permitted to visit the home occupation during the daily permitted period. No more than two (2) cars may visit at one (1) time.
N. No visitors accessory to the Home Occupation (clients, patrons, pupils, sales persons, etc.) shall be permitted between the hours of 9:00 p.m. and 6:00 a.m.
O. The following are prohibited as home occupations:
1. Large-scale manufacturing.
2. Large-scale assembly.
3. Warehousing.
4. Distribution as a sole activity.
5. Direct sales or servicing of products.
6. Direct sales and/or rentals of products stored on display shelves or racks.
7. Automotive repair and/or automotive sales lot.
P. Occasional sales of artwork, dresses, and similar uses, as determined by the zoning administrator, shall be regulated pursuant to Chapter 1261, Temporary Uses.
Q. More than one (1) Home Occupation may be permitted within an individual dwelling unit, provided all other standards and criteria applicable to Home Occupations are complied with. Such criteria shall be applied cumulatively to both uses as opposed to singularly to each use. (For example, all Home Occupations within the same dwelling unit may cumulatively use no more than twenty percent (20%) or six-hundred (600) square feet of the dwelling unit.)
1262.10 ORNAMENTAL STRUCTURES AND GREENHOUSES.
Ornamental Structures such as gazebos or greenhouses shall be located in the rear yard only and no closer than ten (10) feet to a property line. Such ten (10) foot setback shall consist of landscaping pursuant to Chapter 1253, Landscaping and Screening Regulations, and to be approved by the Zoning Administrator. Accessory Ornamental Structures shall not be located within the required twenty-five (25) foot landscape yard of the I Institutional District or PR Park and Recreation District. The maximum height of any Ornamental Structure shall be fifteen (15) feet.
1262.11 OUTDOOR DINING.
Outdoor Dining may be granted an accessory use only in the O, C1, C2 and CM Districts.
A. Location. Outdoor Dining shall only be permitted as an accessory use to an indoor restaurant. Outdoor seating shall not obstruct a public right-of-way or sidewalk nor any entrance or exit to the restaurant.
B. Number of Seats. The number of seats permitted outdoor shall be no greater than thirty percent (30%) of the number of seats inside the restaurant.
C. Additional Standards.
1. Outdoor seating areas shall be limited to seating only, and shall not include table bussing facilities, cooking facilities, or trash facilities.
2. In the side or rear yard, the Zoning Administrator may specifically permit outdoor cooking facilities subject to all the requirements of the City Health Code.
3. Outdoor heaters may be permitted pursuant to the city Health and Fire Codes of Shaker Heights.
1262.12 PARKING STRUCTURES.
A. Above grade multi-level parking structures shall be designed to reflect the architectural character and quality of the principal building and shall require approval of the Architectural Board of Review.
B. Parking Structures shall meet the height and setback requirements of Table 1262.12, Summary of Regulations for Parking Structures, below.
C. Parking Structures may be located up to the lot line, only within the rear yard setback, provided the wall of such garage is constructed of fire proof material in accordance with the ordinances of the City of Shaker Heights.
MF | A | O | C2 | C3 | CM | ||
Minimum number of structure spaces | Pursuant to Chapter 1251, Off-Street Parking Regulations. | ||||||
Maximum number of structure spaces | None | ||||||
Maximum Structure Height | 25 ft. | 25 ft. | Flat roof 15 ft. peaked roof 25 ft. | None | |||
Minimum Structure Setback | Side | 3 ft., or property line if wall is fireproofed | |||||
Rear | 3 ft., or property line if wall is fireproofed. | ||||||
Maximum square footage | None | ||||||
1262.13 RECREATIONAL STRUCTURES.
Recreational Structures such as children’s play equipment, tennis courts and other recreational facilities requiring special fencing or playing courts shall be located no closer than ten (10) feet to a property line, or twenty-five (25) feet for playground equipment accessory to a school or located in the I Institutional District or PR Park and Recreation District. Such setback shall consist of landscaping pursuant to Chapter 1253, Landscaping and Screening Regulations, and to be approved by the Zoning Administrator. Such uses shall have a maximum height of fifteen (15) feet.
Figure 1262.13 Recreation Structures
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1262.14 ROOMERS.
Rental to Roomers is permitted within a Single-Family or Two-Family dwelling, subject to the standards herein and provided that such room is an integral part of the dwelling unit in which it is located and contains no separate facilities which could be used for cooking or food preparation which includes microwaves, stoves, refrigerators and kitchen sinks as some examples. Single-Family units may be permitted to rent to one (1) Roomer. Two-Family dwellings may be permitted to rent to one (1) Roomer per unit. Separate third-floor living accommodations within Two-Family dwellings are prohibited.
1262.15 STORAGE OF VEHICLES.
A. General Requirements.
1. All vehicles in the City of Shaker Heights must be stored within an enclosed building except in those districts specifically permitting accessory storage of vehicles. Where accessory storage of vehicles is allowed, it shall be provided pursuant to the following:
a. Residential Districts. Storage of recreational vehicles or trailers is a permitted accessory use in all residential districts. Such vehicles may be stored only behind the front setback line and landscaped.
b. C2, C3, and CM Commercial Districts. Storage of privately owned commercial trucks is a permitted accessory use in the C2 C3, and CM Districts.
2. Vehicles other than passenger vehicles shall be adequately screened as determined by the Zoning Administrator after reviewing a screening plan submitted by the property owner or resident and subject to all the limitations and requirements of this section.
3. No stored or parked vehicle shall be occupied or used for human habitation.
B. General Prohibition in Residential Districts. The parking and storage of any vehicle, other than passenger cars and including any vehicle carried on a trailer, shall not be allowed in any residential district for longer than two (2) days except:
1. On a non-recurring basis.
2. Within an enclosed building which meets the requirements of all applicable ordinances.
3. Outdoors, as restricted in this section.
4. For delivery vehicles engaged in loading or unloading.
5. For vehicles parked in connection with current work being done on the premises.
6. A recreational vehicle may be temporarily parked or stored in a side yard driveway or front yard driveway of a residence for no more than two (2) days and then only for the express purpose of loading, unloading or housekeeping tasks related to embarking or returning from a trip.
C. Other Restrictions in Residential Districts.
1. No vehicle which is in a state of externally visible disrepair or partial construction shall be stored or parked outdoors in a residential zone, but shall be stored or parked only within an enclosed building meeting the requirements of all applicable regulations.
2. All such motor vehicles in public view on the premises shall be in operating condition and in compliance with all motor vehicle safety, equipment, and registration licensing laws displaying proper tags and validation stickers.
3. No more than one (1) of the following may be stored or parked outdoors on any lot in a residential zone: a recreation vehicle a boat (including its trailer if the boat is mounted thereon) or two (2) snowmobiles, motorcycles, or all-terrain vehicles (ATVs) if both are mounted on one (1) trailer. In no case shall more than one (1) such trailer be allowed. All stored recreational vehicles must be screened pursuant to review by the Zoning Administrator.
E. Restrictions Based on Vehicle Size. No vehicle in excess Class 5 of the Federal Highway Administration classifications system, as defined by Chapter 1211, Definitions and Rules of Word Usage, shall be stored or parked within the City except for temporary parking by customers or vendors in a commercial district.
F. Waivers by the Zoning Administrator. The Zoning Administrator may grant a temporary waiver of these parking restrictions for a reasonable period of time.
1262.16 STORAGE STRUCTURES.
Accessory Storage Structures shall have a minimum side and rear yard setback to rear and side property lines of five (5) feet in the SF1 District, and three (3) feet to rear and side property lines in all other districts. However, such uses may be located up to the lot line, only within the rear yard setback, provided the wall of the storage structure is constructed of fire proof masonry material in accordance with the ordinances of the City of Shaker Heights. Such uses shall have a maximum height of ten (10) feet.
1262.17 SWIMMING POOLS AND HOT TUBS (OUTDOOR).
A. Types of Pools and Hot Tubs Permitted.
1. Only below grade or children’s swimming pools shall be permitted in the City of Shaker Heights. Children’s swimming pools are defined as those which are a maximum of two (2) feet in depth and ten (10) feet in diameter.
2. Hot tubs are also permitted in the City of Shaker Heights, either below or above grade, provided that they do not exceed eight (8) feet in exterior diameter and seven (7) feet in interior diameter or four (4) feet in depth or height as measured from finished grade. Hot tubs that exceed these size requirements shall be considered swimming pools.
B. Conformity with Other Regulations and Permits. Swimming Pools and Hot Tubs shall be regulated subject to the Health Codes of the City of Shaker Heights, Ohio and any applicable state requirements. Mechanical equipment shall require a permit from the Building Department, if applicable.
C. Regulations.
1. Below Grade Pools. Swimming Pools shall be surrounded by a deck measuring at least four (4) feet in width. The entire pool and deck area shall be enclosed by a fence or wall of at least four (4) feet in height with a self-latching gate.
2. Hot Tubs. Hot Tubs shall either be secured with a locked cover or shall be entirely enclosed by a fence or wall of at least four (4) feet in height with a self-latching gate.
D. Landscaped Setback Required. Accessory Swimming Pools and Hot Tubs and their mechanical equipment shall be located no closer than ten (10) feet to a property line. The ten (10) foot setback shall consist of landscaping pursuant to Chapter 1253, Landscaping and Screening Regulations, and to be approved by the Zoning Administrator. No Swimming Pool or Hot Tub or its mechanical equipment shall be located within the twenty-five (25) foot landscaped yard of any lot in the I Institutional or PR Park and Recreation Districts.
1262.18 TELEPHONES, PUBLIC.
A. Public Telephones shall be attached to the principal structure on the lot on which they are located. Public Telephones which are not attached to the principal structure may be permitted by the Zoning Administrator provided that such phone does not interfere with parking spaces or pedestrian or vehicular circulation.
B. No part of the phone or the structure to which it is attached shall be illuminated.
C. Public Telephones may have one (1) identification sign of no greater than one (1) square foot in area.
D. Phones shall not be located in a required setback.
1263.01 AMUSEMENT DEVICES IN EXCESS OF TWO.
Amusement devices in excess of two (2) may be granted a Conditional Use Permit only in the C2, CM, and C3 Districts.
A. Proof of Permit. The applicant shall show proof of an Amusement Device Permit obtained from the Shaker Heights Chief of Police pursuant to 505.02 of the Shaker Heights Business Regulation Code.
B. Accessory Use. If the amusement devices in excess of two (2) are an accessory use, the Commission, when reviewing the conditional use application, shall consider if the amusement devices in excess of two (2) detract from or interfere with the normal and customary operation of the primary use.
C. Location and Layout. Amusement devices in excess of two (2) shall be located with respect to the following:
1. Amusement devices shall be located on a business premises in such a manner so as not to impair ingress to or egress from the premises, and so as not to interfere with the necessary or customary circulation of customers and employees.
2. The devices shall be located in a manner that will discourage excessive congregation of persons around the devices.
3. The devices shall be located in conformity with the floor plan approved in accordance with the Amusement Device Permit.
4. Amusement devices shall be located where they are visible to the permit holder or his or her authorized representative. Otherwise, separate full-time supervision of amusement devices shall be provided with the capability to isolate the amusement devices from public access when such supervision is not provided.
D. Expiration of Conditional Use Permit. Conditional Use Permits issued pursuant to this Section shall expire if the Amusement Devise Permit is not renewed pursuant to Section 505.04 (d) of the Shaker Heights Business Regulations Code, or if such permit is revoked by the Chief of Police pursuant to Section 505.07(b) of the Business Regulation Code.
1263.02 ANIMAL HOSPITALS AND VETERINARIAN’S OFFICES.
Animal Hospitals and Veterinarian’s Offices may be granted a Conditional Use Permit only in the C2, C3, and CM Districts.
A. Such uses shall not create a nuisance in terms of their smell, noise, or any other reason shall comply with the applicable Codes of the City of Shaker Heights and shall be further regulated pursuant to Section 1260.06, Environmental Performance Standards, of this Zoning Ordinance.
B. Such uses shall be located a minimum of one hundred (100) lineal feet from any residential use.
1263.03 ASSEMBLY OF FINISHED GOODS PACKAGING OF FINISHED GOODS.
Assembly of finished goods and Packaging of finished goods may be granted a Conditional Use Permit only in the C3 and CM Districts.
A. The location, configuration, and manner of operating of off-street parking and loading areas, service areas, circulation systems, entrances, exits, lighting, or other similar areas shall be designed to avoid adverse effects on: 1) residential uses adjoining the development, 2) traffic congestion, and 3) hazard to vehicular or pedestrian traffic.
B. Deliveries shall not take place between eleven (11) p.m. and five (5) a.m. and may be further restricted by the City Planning Commission based on their location and other relevant factors.
C. Such uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening. In addition, those uses adjacent to a residential district shall be buffered by a brick wall of at least six (6) feet in height.
(Ord. 13-16. Passed 5-28-13.)
1263.04 ASSISTED LIVING FACILITIES CONVALESCENT, NURSING OR REST HOMES.
Assisted living facilities may be granted a Conditional Use Permit in the A, C2, CM, and I Districts. Convalescent, nursing, or rest homes may be granted a Conditional Use Permit in the C2 and CM Districts.
A. Location.
1. When assessing the appropriate location for these facilities, consideration should be given to the neighborhood’s safety, traffic, and noise level.
2. The site shall be limited in slope to five percent (5%).
B. Accessibility and Safety.
1. The site and structure shall meet the requirements of the Americans with Disabilities Act (ADA) and any applicable state code requirements.
2. Exterior site plans shall include adequate lighting, sidewalks, and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
C. Open Space and Recreation. Such facilities shall provide adequate open space on site.
D. Design. Such facilities should be designed in proportion to their surrounding neighborhood and community.
E. Deliveries. Deliveries shall not take place between eleven (11) p.m. and five (5) a.m. and may be further restricted by the City Planning Commission based on their location and other relevant factors.
1263.05 AUTOMOTIVE RELATED USES.
Automotive Related Uses may be granted a Conditional Use Permit only in the C2 and C3 Districts.
A. Uses Included. Automotive related uses shall include but not be limited to: auto sales, auto rental and leasing, auto repair shops, automotive fuel stations, car washes, auto upholstery shops, auto part and tire sales, camper installation businesses, van conversion businesses and the like.
B. General Requirements for All Automotive Uses.
1. The proposed use shall not intrude into a concentration of retail uses and shall not impede pedestrian circulation between retail uses.
2. The proposed use shall not create unreasonable obstructions to traffic circulation around or near the site.
3. No curb cuts shall be permitted within forty (40) feet of any public roadway intersection.
4. All utilities shall be entirely enclosed or buried and shall require an electrical permit from the Building Department.
5. Automotive related uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening. In addition, automotive uses adjacent to a residential district shall be buffered by a brick wall of at least six (6) feet in height.
6. Outdoor storage accessory to the use shall be regulated pursuant to Section 1263.17, Outdoor Storage, of this Chapter and to Section 1253.09, Landscape Buffers and Screening, except for the display and sale of goods sold on the premises of automotive fuel stations which shall be regulated pursuant to Section 1260.02, Permitted Outdoor Business Activities.
C. Automotive Fuel Sales (with or without Convenience Retail or Food Sales).
1. Convenience retail and/or food sales may be a permitted accessory use to fuel sales, provided that the retail and/or food service uses accessory to an automotive fuel station shall be provided with parking pursuant to Chapter 1251, Off-Street Parking Regulations.
2. Automotive fuel stations shall be located on lots no smaller than fifteen thousand (15,000) square feet, except that automotive fuel stations with convenience retail or food sales shall be located on lots no smaller than thirty thousand (30,000) square feet.
3. At any Automotive Fuel Station, gasoline pump islands shall be erected no closer than twelve (12) feet to any property line or building, and driveways or islands on the premises shall be designed to serve vehicles standing entirely on said premises.
4. No vehicles may be stored at the site for purposes of sale, unless the use is also a vehicle sales lot or for the use as parts for vehicles under repair.
5. No inoperable vehicle shall be permanently stored on the site for a period of greater than thirty (30) days.
6. Outdoor storage accessory to the use shall be regulated pursuant to Section 1263.17, Outdoor Storage, of this Chapter and to Section 1253.09, Landscape Buffers and Screening, except for the display and sale of goods sold on the premises which shall be regulated pursuant to Section 1260.02, Permitted Outdoor Business Activities.
D. Automotive Service and Repair Shops.
1. No vehicles may be stored at the site for purposes of sale, unless the use is also a vehicle sales lot or for the use as parts for vehicles under repair and
2. No vehicle shall be stored on the site for a period of greater than thirty (30) days.
E. Automobile Dealerships. Automobile dealerships shall be located on lots no smaller than eighty-five thousand (85,000) square feet.
(Ord. 04-132. Enacted 11-22-04.)
1263.06 BAND SHELLS AND AMPHITHEATERS THEATERS AND ASSEMBLY HALLS.
Band Shells and Amphitheaters may be granted a Conditional Use Permit only in the C2, CM, I, and PR Districts. Theaters and Assembly Halls may be granted a Conditional Use Permit only in the C2, C3, CM, and I Districts.
A. The location, configuration, and manner of operating of off-street parking and loading areas, service areas, circulation systems, entrances, exits, lighting, sound systems or other similar areas shall be designed to avoid adverse effects on: 1) residential uses adjoining the development, 2) traffic congestion, and 3) hazard to vehicular or pedestrian traffic.
B. Adequate off-street parking shall be maintained for the use.
C. Bandshells and Amphitheaters which are primarily outdoors shall make provisions for adequate maintenance in the off-season.
D. Noise generated by the use shall not create a nuisance as determined by the ordinances of the City of Shaker Heights.
E. Such uses shall be located a minimum of five hundred (500) lineal feet from any single-family or two-family residential use.
(Ord. 13-16. Passed 5-28-13.)
1263.07 DAY CARE CENTERS, ADULT.
Adult Day Care Centers may be granted a Conditional Use Permit only in the C1, C2, C3, CM, and I Districts.
A. Such uses shall meet all applicable federal, state, or local requirements, such as but not limited to, licensing, health, and safety regulations.
B. Exterior site plans shall include adequate lighting, sidewalks, and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
1263.08 DAY CARE CENTERS, CHILD.
Child Day Care Centers may be granted a Conditional Use Permit only in the C1, C2, C3, CM, I, and PR districts. They are a permitted accessory use in the O Office District. They are a permitted accessory use in the I Institutional District if primarily serving that institution or business. Child Day Care Centers are also permitted as an accessory use to Places of Worship in the A Apartment Residential District.
A. Child Day Care Centers shall meet all applicable federal, state, or local requirements such as, but not limited to, licensing, health, and safety regulations.
B. If the Child Day Care Center provides an outdoor play area, such play area shall be fully enclosed by a fence, wall, or hedge of at least three (3) feet in height.
C. Exterior site plans shall include adequate lighting, sidewalks, and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
1263.09 CHILD DAY CARE HOMES, TYPE A AND B.
A. Definitions and Number of Children. Child day care homes are defined by the number of children for which they care.
1. Child Day Care Home, Type A. A permanent residence in which child day care is provided for seven (7) to twelve (12) children at one time or a permanent residence of the administrator in which child day care is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted.
2. Child Day Care Home, Type B. A permanent residence in which child day care or child day care homes are provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Zoning Ordinance, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted.
B. Applicable Districts. Child Day Care Homes, Type A may be granted a Conditional Use Permit only in the SF1, SF2, and SF3 Districts. Child Day Care Homes, Type B may be granted a Conditional Use Permit only in the MF and A Districts. Child Day Care Homes, Type B are a permitted accessory use in the SF1, SF2, SF3, and TF Districts.
C. General Standards for Child Day Care Homes, Type A and B. All Child Day Care Homes, including both Type A and Type B, shall be operated in compliance with the requirements in Section 1262.03, subsections B. through I.
D. Additional Requirements for Child Day Care Homes, Type A:
1. Prior to approval of a conditional use permit the following must be completed:
a. The applicant must provide the City with verification from a representative of the Bureau of Child Care Licensing and Monitoring at the Ohio Department of Job and Family Services that adequate interior space is available in the home, and such space shall be maintained during operation of the Home.
b. The applicant must demonstrate a track record of having operated a Type B day care without violation of this Chapter and Chapter 1262.03 at the same home.
c. A parking, pick up and drop off plan must be submitted to the City, and the plan must be implemented during operation of the Home.
2. Prior to beginning operation, an approved Type A Day Care Home must complete the following:
a. All interior Housing Code violations in spaces used by the children shall be corrected.
b. The outdoor play area shall be enclosed by a 6 foot tall solid fence, and such fence shall be maintained during operation of the Home.
3. After operation of an approved Type A home begins, the following conditions shall apply at all times during operation:
a. The Home shall have a continuing obligation to comply with all city ordinances, including the City's noise ordinances.
b. Outdoor play hours are limited to between 9:00 a.m. and 7:00 p.m.
c. On Saturdays and Sundays there shall be a maximum of 6 children.
d. Inspections may be conducted by the City as the City deems necessary, and an administrative review may be conducted after 1 year from the date of the issuance of a conditional use permit, to include an evaluation of the Home for compliance with all conditions and with Section 1213.05 H., Conditional Use Permit Standards, and neighborhood input.
(Ord. 19-36. Enacted 6-24-19.)
1263.10 DRIVE-THROUGH FACILITIES.
Drive-Through Facilities may be granted a Conditional Use Permit only in the O, C1, C2, C3, and CM Districts. Such facilities may typically be associated with the following: fast-food restaurants, dry cleaners, banks and other financial institutions, and freestanding automatic teller machines.
A. Location. Drive-through facilities shall not be located in front of the principal building.
B. Hours of Operation. Attended drive-through facilities shall not be operated between eleven (11) p.m. and five (5) a.m. and may be further restricted by the City Planning Commission based on the location, type of use with which they are associated, and other relevant factors.
C. Lot Coverage. A drive-through structure shall not cover more than ten percent (10%) of the lot.
D. Site Design and Layout.
1. A drive-through structure shall not be provided additional curb cuts except as recommended through site plan review.
2. Maneuvering space shall be provided in the rear or side yard.
3. Design of maneuvering and stacking aisles for the drive-through shall not interfere with circulation or visibility for traffic either on or off site.
4. The radius of drive through lanes shall be a minimum of forty-five (45) feet.
5. A minimum of five (5) stacking spaces shall be provided within the drive through lane.
E. Landscaping. Drive-through facilities shall be buffered with landscaping pursuant to Chapter 1253.09, Landscape Buffers and Screening. Where abutting residential districts, such buffer shall include a solid brick wall of at least six (6) feet in height.
F. Additional Standards.
1. Signs associated with a drive-through facility shall be regulated pursuant to Chapter 1250, Sign Regulations.
2. All utilities associated with a drive through facility shall be entirely enclosed or buried and shall require an electrical permit from the Building Department, where applicable.
1263.11 DWELLING UNITS LOCATED ABOVE THE FIRST FLOOR.
Dwelling Units Above the First Floor may be granted a Conditional Use Permit only in the C1, C2, and C3 Districts.
A. Such uses should be designed in proportion to their surrounding neighborhood and community.
B. All dwelling units shall meet the applicable City codes for issues such as, but not limited to, fire and safety.
C. The minimum square feet per dwelling unit shall be provided pursuant to the standards of the A Apartment District, Section 1225.05.B, Minimum Area Per Dwelling Unit.
D. The site and structure shall meet the requirements of the Americans with Disabilities Act (ADA).
(Ord. 13-16. Passed 5-28-13.)
1263.12 FIRE AND POLICE STATIONS MUNICIPAL SERVICE USES, AND UTILITIES.
Both Fire and police stations and Municipal Service Uses may be granted a Conditional Use Permit only in the C2, CM and I Districts. Fire stations also may be granted a conditional use permit in the PR District. Both Fire and police stations and Municipal Service Uses are permitted uses in the C3 District. Utilities may be granted a Conditional Use Permit in all districts, except for the I District, where only minor support items are allowed as an accessory use.
A. Such uses shall not create a nuisance in terms of their smell, noise, or any other reason, shall comply with the applicable Codes of the City of Shaker Heights, and shall be further regulated pursuant to Section 1260.06, Environmental Performance Standards, of this Zoning Ordinance.
B. Such uses shall be located a minimum of five hundred (500) lineal feet from any residential use.
C. Such uses shall be setback a minimum of twenty-five (25) feet from all lot lines.
D. Vehicular storage associated with such uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening. Where abutting residential districts, such buffer shall include a solid brick wall of at least six (6) feet in height.
1263.13 HOME OCCUPATIONS.
Home occupations may be granted a Conditional Use Permit in the MF, A, and CM Districts. They are a permitted accessory use in the SF1, SF2, SF3 and TF Districts. All Home Occupations shall be operated pursuant to Section 1262.09, Home Occupation, except as may be specifically authorized by the City Planning Commission.
(Ord. 13-16. Passed 5-28-13.)
1263.14 HOSPITALS.
Hospitals may be granted a Conditional Use Permit only in the C3 and CM Districts.
A. Site Distance. Hospitals shall be located a minimum of five hundred (500) lineal feet from any residential use.
B. Site Design.
1. The location, configuration, and manner of operating of off-street parking and loading areas, service areas, circulation systems, entrances, exits, lighting, or similar areas shall be designed to avoid adverse effects on: 1) residential uses adjoining the development, 2) traffic congestion, and 3) hazard to vehicular or pedestrian traffic.
2. Exterior site plans shall include adequate lighting, sidewalks, and drop-off zones and shall provide for the separation of vehicular and pedestrian traffic.
C. Conformity with Other Regulations. Hospitals shall meet all applicable federal, state, or local requirements, such as but not limited to, licensing, health, and safety regulations.
D. No Nuisance. Such uses shall not create a nuisance in terms of their smell, noise, or any other reason, shall comply with the applicable Codes of the City of Shaker Heights, and shall be further regulated pursuant to Section 1260.06, Environmental Performance Standards, of this Zoning Ordinance.
E. Landscaping and Buffering.
1. Such uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening. Where abutting residential districts, such buffer shall include a solid brick wall of at least six (6) feet in height.
2. Parking lots shall be landscaped pursuant to Section 1253.08, Parking Lot Landscaping.
1263.15 LABORATORIES AND RESEARCH FACILITIES
Laboratories and Research Facilities and Limited Production/Processing Facilities are permitted uses in the O Office district, and may be granted a Conditional Use Permit in the C3 and CM Districts.
A. Such uses shall not create a nuisance in terms of their smell, noise, or any other reason, shall comply with the applicable Codes of the City of Shaker Heights and shall be further regulated pursuant to Section 1260.06, Environmental Performance Standards, of this Zoning Ordinance.
B. Such uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening. Where abutting residential districts, such buffer shall include a solid brick wall of at least six (6) feet in height.
C. Parking lots shall be landscaped pursuant to Section 1253.08, Parking Lot Landscaping. (Ord. 20-48. Enacted 6-22-20.)
1263.16 MID-RISE OFFICE DEVELOPMENT.
Mid-Rise Office Development may be granted a Conditional Use Permit only in the O Office District.
A. Accessory Uses and Structures. The following uses are permitted as accessory uses only for Mid-Rise Office Development. Such accessory uses shall occupy no more than a combined total of twenty (20) percent of the total floor area of the building and shall have no exterior entrance or identification.
1. Assembly halls.
2. Barber and beauty shops.
3. Newsstands.
4. Pharmacies.
5. Recreation facilities.
6. Restaurants and cafeterias.
B. Minimum Lot Width. The minimum lot width shall be one hundred twenty (120) feet or twice the height of the building, whichever is greater.
C. Minimum Yard Requirements.
1. Side Yards. Each side yard shall be one-third (1/3) the height of the principal building or eighteen (18) feet, whichever is greater.
2. Corner Side Yards. Each corner side yard shall be no less than one-third (1/3) the height of the principal building of a Mid-Rise Office Conditional Use or the setback line shown on the City of Shaker Heights Zoning Map, whichever is greater.
D. Maximum Height.
1. Principal Buildings. When a Conditional Use for Mid-rise Office Development is approved, building height shall be limited to one hundred twenty (120) feet or such lesser height as established by the City Council.
2. Rooftop Mechanical Equipment. Rooftop mechanical equipment may extend above the roofline only where a Mid-Rise Office Conditional Use is granted. In such cases, the mechanical equipment shall extend no more than ten (10) feet above the maximum height limit. In all cases, rooftop mechanical equipment shall be designed, constructed or enclosed in such a way as to be integrated with the principal building or completely concealed.
3. Maximum Parking Structure Height. Forty (40) feet or such lesser height as established by the City Council.
1263.17 OUTDOOR STORAGE.
Outdoor Storage may be granted a Conditional Use Permit only in the C3 District.
A. Outdoor Storage areas shall be buffered pursuant to Section 1253.09, Landscape Buffers and Screening.
B. Such areas shall be located behind the building setback line and within ten (10) feet of the principal building, and shall not occupy or interfere with the use of required parking spaces and aisles. Their exact location shall be approved as a part of the Conditional Use Permit.
C. Such areas shall be set back from any lot line a minimum of ten (10) feet.
D. Such areas shall be limited in area to one hundred (100) square feet.
E. No signs shall be permitted in conjunction with the outdoor storage.
1263.18 PARKING STRUCTURES.
Parking Structures may be granted a Conditional Use Permit only in the O District. They are a permitted accessory use in the CM District. All Parking Structures shall be provided pursuant to Section 1262.12, Parking Structures.
1263.19 PLACES OF WORSHIP.
Places of Worship may be granted a Conditional Use Permit only in the SF1, SF2, SF3, TF, MF, and A Districts. They are a permitted use in the I District.
A. General Requirements. The following conditions shall apply to churches and other Places of Worship designed and intended primarily for religious worship:
1. A master plan for long-range development shall be submitted.
2. Any proposed addition or new construction shall conform to the development standards required for principal uses within the district.
B. Conditional Uses. Day care centers and schools, operated not by the Place of Worship but a lessor of the space which the Place of Worship owns, pursuant to Section 1263.09. Child Day Care Centers.
C. Accessory Uses and Structures.
1. Day care centers and schools operated by the place of worship, pursuant to Section 1263.09, Child Day Care Centers.
2. Community recreational and meeting facilities.
3. Bookstores and giftshops operated by the Place of Worship.
D. Hours of Operation.
1. Outdoor group activities other than those related to worship shall not be allowed after ten (10) p.m.
2. The facility may not be used as a regular overnight domicile or shelter for the homeless. This provision does not limit the church from being used for overnight retreats or events for church members and guests.
3. No lighted outdoor recreation facilities shall be allowed.
E. Minimum Lot Area. The minimum lot area for Places of Worship shall be one (1) acre.
F. Minimum Lot Width. The minimum lot width requirement for Places of Worship shall be one hundred and twenty (120) feet.
G. Minimum Yards.
1. Front Yards. The minimum front yard for Places of Worship shall be regulated by the setback building line established by the zoning map.
2. Side and Rear Yards. Side and rear landscaped yards of no less than twenty-five (25) feet shall be provided. Where abutting residential districts, such uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening, as applicable.
H. Parking. Off-street parking for Places of Worship shall be located either in the side or rear yard behind the required building setback line, and shall be landscaped pursuant to Chapter 1253, Landscape and Screening Requirements.
1263.20 SCHOOLS, PRIMARY AND SECONDARY, PRIVATE.
A. General Requirements. The following conditions shall apply to Private Primary or Secondary Schools:
1. A master plan for long-range development shall be submitted.
2. Any proposed addition or new construction shall conform to the development standards required for principal uses within the district.
B. Accessory Uses and Structures.
1. Recreational structures.
2. Community recreational and meeting facilities.
3. Day care centers operated by the school, pursuant to Section 1263.09, Child Day Care Centers.
C. Hours of Operation.
1. Outdoor group activities shall not be allowed after ten (10) p.m.
2. The facility may not be used as a regular overnight domicile or shelter. This provision does not limit the school from being used for overnight retreats or events for school members and guests.
3. No lighted outdoor recreation facilities shall be allowed.
D. Minimum Lot Area. The minimum lot area for Private Schools shall be one (1) acre.
E. Minimum Lot Width. The minimum lot width requirement for Private Schools shall be one hundred and twenty (120) feet.
F. Minimum Yards.
1. Front Yards. The minimum front yard for Private Schools shall be regulated by the setback building line established by the zoning map.
2. Side and Rear Yards. Side and rear landscaped yards of no less than twenty-five (25) feet shall be provided. Where abutting residential districts, such uses shall be buffered with landscaping pursuant to Section 1253.09, Landscape Buffers and Screening , as applicable.
G. Parking. Off-street parking for Private Schools shall be located either in the side or rear yard behind the required building setback line, and shall be landscaped pursuant to Chapter 1253, Landscape and Screening Requirements.
(Ord. 03-67. Enacted 6-9-03; Ord. 13-45. Enacted 7-8-13.)
(Ord. 03-67. Enacted 6-9-03; Ord. 13-45. Enacted 7-8-13.)
1263.21 SCHOOLS, SPECIALIZED INSTRUCTIONAL.
Specialized Instructional Schools include but are not limited to places for the teaching of art, music, and dance lessons technical or vocational schools, and facilities which hold lessons for athletic pursuits such as swimming or riding.
A. Hours of Operation.
1. Outdoor group activities shall not be allowed after ten (10) p.m.
2. The facility may not be used as a regular overnight domicile or shelter. This provision does not limit the school from being used for overnight retreats or events for school members and guests.
3. No lighted outdoor recreation facilities shall be allowed.
B. Schools with Outdoor Facilities. Schools with outdoor facilities shall conform to the following:
1. Minimum Lot Area. The minimum lot area for Specialized Instructional Schools shall be one (1) acre.
2. Minimum Lot Width. The minimum lot width requirement for Specialized Instructional Schools shall be one hundred and twenty (120) feet.
3. Minimum Yards.
a. Front Yards. The minimum front yard for Specialized Instructional Schools shall be regulated by the setback building line established by the zoning map.
b. Side and Rear Yards. Side and Rear landscaped yards of no less than twenty-five (25) feet shall be provided.
1263.22 SELF STORAGE FACILITY.
Self Storage Facilities may be granted a Conditional Use Permit only in the C3 District when found to be in compliance with the following:
A. The minimum area of a zoning lot shall be three (3) acres and the minimum lot width at the right-of-way line of the principal street shall be a minimum of 170 feet.
B. The total maximum surface coverage of all above grade structures on a lot shall not exceed sixty-five (65) percent of the lot area.
C. No door openings shall face any residential zoning district unless screened by an additional building or a masonry wall.
D. In lieu of the required minimum six (6) ft. high masonry wall required by Section 1233.07B.3., buildings that are equal to or less than twelve (12) feet in height may be placed no closer than ten (10) feet from a residential district property line, and may be placed on a property line adjacent to a non-residential zoning district, provided that:
1. The wall facing the adjacent property line is a solid wall made of a material approved by the Planning Commission and Architectural Board of Review, as applicable;
2. No equipment of any kind is placed on the roof;
3. The roof and therefore related drainage slopes away from the adjacent property line;
4. New landscaping is placed on the outside of the wall as approved by the Planning Commission.
E. The following uses are prohibited and shall be included in leases for all self-storage units:
1. The storage of flammable liquids or radioactive, highly combustible, explosive or hazardous materials.
2. The use of property for such activities as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials stored in or brought to the self-storage units.
3. No one shall be permitted to reside in storage areas or inside storage units.
F. The Fire Department shall be provided with 24-hour access to the grounds. A knox box shall be provided for its use.
G. The maximum size of individual storage compartments shall be 600 square feet.
H. Outside storage is strictly prohibited, and all storage shall be within a completely enclosed building.
I. The parking requirement for Self Storage Facilities shall be equal to no more than 1 parking space per 15,000 square feet of gross floor area of self-storage, and shall otherwise be in compliance with all other design standards for parking spaces as required in the Code, including standards for any retail space included in the use.
J. Accessory uses of Self Storage Facilities may include the following in addition to the accessory uses in Section 1233.04: (1) sell merchandise ancillary to their business (such as moving supplies, locks, etc.), (2) to rent or lease moving trucks and (3) establish satellite United States Postal Services or other consumer mail shipping/receiving services (UPS, Fed-Ex, etc.) within such facilities.
K. A demonstrated means of security and management shall be provided.
L. No nuisance shall be created in terms of their smell, noise, or any other reason, and shall comply with the applicable Codes of the City of Shaker Heights, and shall be further regulated pursuant to Section 1260.06, Environmental Performance Standards, of this Zoning Ordinance.
(Ord. 13-45. Enacted 7-8-13.)
1263.23 WORK/LIVE UNITS.
The following conditions shall apply to work/live units in a commercial building when approved as a conditional use.
A. The exterior appearance of the commercial structure shall be compatible with adjacent nonresidential uses.
B. Work/live units located on the first floor of a commercial building are subject to the development standards for first floor establishments as provided in this Zoning Ordinance.
C. When a work/live unit is located on the first floor of a commercial building, a minimum of 80% of the linear first floor façade of the work/live unit shall be occupied by the nonresidential use.
D. For new construction, where work/live units are permitted on the first floor, the first floor space shall have a minimum floor to floor height of 10 feet.
E. Parking for work/live units of less than 2,000 square feet may be approved at one space per unit.
(Ord. 13-16. Passed 5-28-13.)
(Ord. 13-16. Passed 5-28-13.)
1263.24 SMALL LOT INFILL DEVELOPMENTS.
(Ord. 18-25. Enacted 4-23-18.)
Zoning Ordinance
Use Matrix
(P) Permitted (C) Conditional (A) Accessory
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CODIFIED ORDINANCES OF SHAKER HEIGHTS