Warrensville Heights
City Zoning Code
City Zoning Code
TITLE FIVE
General Provisions
1161.01 INTENT.
Off-street parking and loading requirements are established to promote the general convenience, welfare and prosperity of the community. More specific purposes are:
(a) To relieve congestion on streets so that they can be utilized more fully for movement of traffic;
(b) To promote the safety and convenience of pedestrians and shoppers by distributing car movements in the vicinity of intense car concentration;
(c) To protect residences from vehicular traffic congestion in adjacent businesses and other places of intense car concentration; and
(d) To promote the prosperity of the business developments, which depends upon provisions for such conveniences.
(Ord. 2020-124. Passed 11-4-20.)
1161.02 ACCESSORY PARKING REQUIRED.
Accessory off-street parking facilities and driveways shall be provided as a condition precedent to occupancy of a residential, institutional, business, commercial and industrial development, in conformity with the provisions of this Chapter 1161 whenever
(a) A building is constructed or a new use established;
(b) An existing building is altered or there is an increase of the number of dwelling units, seating capacity and/or floor areas of the building; or
(c) The use of an existing building is changed to a use with a different off-street parking requirement.
(Ord. 2020-124. Passed 11-4-20.)
1161.03 CONTINUATION OF PARKING FACILITIES.
Existing off-street parking facilities legally permitted or those required as accessory to a proposed or altered building or use shall continue unobstructed in operation and shall not be reduced below required size as long as the main building use remains, unless an equivalent number of spaces are provided for such facilities in another location.
(Ord. 2020-124. Passed 11-4-20.)
1161.04 MEASUREMENT STANDARDS.
(a) Accessory Parking Space. Accessory parking space shall be an open or enclosed area, accessible from a street, with not less than 180 square feet of standing space (exclusive of drives and other access ways) for parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building use.
(b) Floor Area. Floor area, for the purpose of calculating requirements for accessory off-street parking spaces for amusement or assembly, offices, merchandising or service or similar types of use (for separate buildings of small scale development), shall be the total floor area used or intended to be used for service to the public as customers, patrons, clients, patients or tenants of each respective type of use. It shall not include floor areas used principally for nonpublic purposes such as storage or packaging of merchandise. In determining accessory off-street parking requirements for commercial, industrial or large unit business developments the floor area shall be the gross floor area (the area enclosed within the exterior walls of each floor) of the building or buildings occupied.
(c) Seat. Seat shall be the number of seating spaces installed or indicated, or each twenty-four lineal inches of benches, pews or space for loose chairs or similar seating facilities.
(d) Fractional Unit. Where the computation for determining the number of parking spaces results in a fractional space unit, one additional space shall be provided.
(Ord. 2020-124. Passed 11-4-20.)
1161.05 SCHEDULE OF REQUIRED OFF-STREET PARKING.
Except as otherwise provided in this Planning and Zoning Code, off-street parking shall be provided in accordance with the following schedule:
Building or Use | Minimum Required Parking Spaces |
Single Family Dwellings | 1 space per dwelling unit |
Two Family Dwellings | 1 space per dwelling unit |
Multi-Family Dwellings | 2 spaces per dwelling unit |
Hotels, Motels, Bed and Breakfast | 1 space per lodging unit or guest room |
Hospitals | 1 space for every two (2) beds |
Clinics and Health Centers | 1 space for every 200 square feet of gross floor area |
Libraries, Museums, and Art Studios | 1 space for every 400 square feet of gross floor area |
Places of Worship | 1 space for every six (6) seats |
Mortuaries and Funeral Homes | 1 space for every fifty (50) feet of assembly area |
Theaters, arenas, stadiums and other auditoriums | 1 space for every six (6) seats |
Dance halls, skating rinks, swimming pools, lodge halls, assembly rooms | 1 per 75 square feet of area used for dancing, skating, swimming or assembly |
Bowling alleys | 4 spaces per lane |
Retail stores, banks, office buildings, service establishments | 1 space for every 200 square feet of gross floor area |
Restaurants, bars, taverns | 1 space for every 2 indoor seats plus 1 space for every 4 outdoor seats |
Industrial, warehousing, and manufacturing facilities | 1 space for every 400 square feet of gross floor area |
Planned shopping centers | 1 space for every 200 square feet of gross leasable floor area |
All other uses not specified herein | As determined by the Planning Commission |
(Ord. 2020-124. Passed 11-4-20.)
1161.06 SEPARATE, COMBINED OR DUAL USE OF FACILITIES.
Accessory off-street parking facilities shall be provided for not less than the sum of the requirements for individual uses of any development consisting of two (2) or more buildings or uses normally having the same hours of operation. However, institutions, amusements or places of assembly may assume that up to, but not more than, fifty percent (50%) of their requirements are provided in adjacent parking areas by business establishments which normally have different hours or operations; or conversely, up to but not more than fifty percent (50%) of the requirements of business establishments (different hours of operation) may be assumed to be provided by institutions, amusements or places of worship; provided, however, that should either of the dual uses be changed or discontinued, then the required spaces for the use remaining shall be provided elsewhere as a condition precedent to the continued use of such remaining building.
(Ord. 2020-124. Passed 11-4-20.)
1161.07 MAXIMUM SPACES FOR RESIDENCES.
In a Class U-1 District, the sum of the open and enclosed accessory parking facilities shall not exceed three (3) spaces per dwelling unit on lots of 12,000 square feet or less; and not more than four (4) spaces per dwelling unit on lots of more than 12,000 square feet.
(Ord. 2020-124. Passed 11-4-20.)
1161.08 LOCATION OF PARKING FACILITIES.
(a) Residential Buildings. Accessory parking facilities shall be located on the same lot as the building served. Open facilities for overnight parking shall not be located within the required front or side yards. Group parking facilities in a Class U-3 District shall be kept available to each dwelling unit.
(b) Institutional, Amusement and Assembly Buildings. Accessory parking facilities shall be provided on the same lot as the building served in a multi-family, automobile parking or business district. However, where no such adjacent land is available, such facilities may be located within a radius of 150 feet of such building.
(c) Business Buildings. Accessory parking facilities shall be located adjacent to the building served in a business or automobile parking district. However, where no such adjacent land is available, such facilities may be located within a radius of 200 feet of such building but not across a major thoroughfare.
(d) Commercial-Industrial Building. Accessory parking facilities shall be located on the same lot as the main use, however, where no such adjacent land is available, such facilities may be located within a radius of 200 feet of such use.
(Ord. 2020-124. Passed 11-4-20.)
1161.09 DRIVEWAYS TO PARKING AREAS.
The location and width of entrance and exit driveways to accessory parking facilities shall be planned in such a manner as to interfere as little as possible with the use of adjacent residential property and with pedestrian and vehicular traffic on adjacent streets.
(a) Not more than two (2) access driveways may abut any one street.
(b) Driveways shall be located not less than seventy-five (75) feet from a street intersection.
(c) Driveways shall not be less than eight (8) feet wide for single-family and two-family residential uses.
(d) Driveways shall not be less than ten (10) feet wide nor more than twenty (20) feet wide for multi-family, business, commercial or industrial uses.
(Ord. 2020-124. Passed 11-4-20.)
1161.10 SURFACE IMPROVEMENTS OF PARKING AREAS.
All parking facilities and driveways shall have a smoothly graded, stabilized, dustless and hard surface with adequate drainage so they will not cause injury to adjacent properties. Hard surface shall be determined to be asphalt, concrete or a comparable hard surface pavement in accordance with plans and specifications on file in the office of the Building Commissioner. Appropriate bumper guards or curbs shall be provided where needed within the area in order to define parking spaces or limits of paved areas. Off-street parking areas having a capacity of more than six (6) automobiles shall have structural or landscape features (such as walls, fences or hedges) placed so as to conceal vehicles from an observer's view when such observer is at sidewalk level outside such parking area, with bumper guards or curbs placed on the aforesaid yard lines. The area between yard lines and lot lines shall be landscaped, with such landscaping and structural features to be maintained adequately at all times.
(Ord. 2020-124. Passed 11-4-20.)
1161.11 ILLUMINATION OF PARKING AREAS.
Illumination of parking areas shall be so designed and located that light sources shall be shielded from adjoining residential districts and streets and shall not be of excessive brightness.
(Ord. 2020-124. Passed 11-4-20.)
1161.12 OFF-STREET LOADING SPACES.
Loading or unloading facilities shall be provided for all business, commercial or industrial buildings hereafter erected or altered to such uses. Such facilities shall be located not less than fifty (50) feet from the front property line when facing the main street, and when alongside a building or alley such facilities shall be located so that a standing truck (loading or unloading) will not interfere with vehicular or pedestrian traffic. At least one (1) off-street loading space will be provided for each 20,000 square feet of gross floor area or fraction thereof of manufacturing, storage, wholesale or retail buildings and shall be maintained as long as such building is occupied or unless an equivalent number of spaces are provided in conformity with these requirements.
(Ord. 2020-124. Passed 11-4-20.)
1163.01 PURPOSE AND INTENT.
The purpose of these sign regulations is to promote the public health, safety and welfare through the provision of standards for existing and proposed signs as set forth herein and more specifically to:
(a) To provide reasonable and appropriate conditions for identifying businesses and services while preserving the non-commercial character of the neighborhood.
(b) To ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
(c) To protect the physical appearance of the community by maintaining visually attractive, residential, office, and retail districts.
(d) To provide review procedures that enable the City to comprehensively evaluate the appropriateness of a sign to the site, building, and surroundings.
(Ord. 2020-124. Passed 11-4-20.)
1163.02 DEFINITIONS.
For the purposes of this Chapter, the following terms shall have the meaning herein indicated. For examples of sign types, see Appendix A.
(a) A-Frame Sign - means sign made of wood, cardboard, plastic, or other lightweight and rigid material having the capability to stand on its own rigid supporting frame in the form of a triangle or an inverted V and being portable and movable. Also known as a sandwich board sign.
(b) Bandit Sign - means a sign constructed, in whole or in substantial part, of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials that is not protected from exposure to the natural elements, but is made of weather-resistant materials that last for more than seven (7) days but less than 60 days without significant loss through exposure to the elements or wear and tear.
(c) Banner Sign - means a sign that is made of non-rigid cloth, plastic, paper, or canvas.
(d) Changeable Copy Sign - means a sign designed to display multiple or changing messages whether by manual, mechanical or electronic means. Such signs are characterized by changeable letters, symbols or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices. Electronically changed signs may include either electronic message boards or digital displays.
(e) Flag Pole Signs - means a sign that is made of non-rigid cloth, plastic, paper, or canvas and is affixed to a pole that is supported from the ground or attached to a building.
(f) Flag Light Pole Signs - means a sign that is made of non-rigid cloth, plastic, paper, or canvas and affixed to a light pole, or similar pole, in a manner that prevents movement of the sign.
(g) Free-standing Sign - means a sign that is constructed of material other than non-rigid cloth, plastic, paper or canvas and is supported from the ground by means of a free-standing wall, monument, poles, or other structural support system and not attached to any building. Free-standing signs greater than twelve (12) square feet in area shall be:
(1) Placed on a full continuous masonry wall or foundation or a full continuous monument base; or
(2) Have a full continuous enclosure between the bottom of the sign and finished grade.
(h) Freeway Changeable Copy Sign - means a sign designed to display multiple or changing messages by electronic means. Such signs are characterized by changeable letters, symbols or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters or graphics to be modified from time to time by electronic or devices. Electronically changed signs may include either electronic message boards or digital displays.
(i) Mural Wall Sign - means a sign that is hand-painted, hand-tiled, or other similarly created or digitally printed image on the exterior wall of a building.
(j) Permanent Sign - means a sign permanently affixed or attached to the ground or a structure and which cannot be removed without special handling, such as removing or dismantling the foundation or a portion thereof, fasteners, adhesives or similar materials providing support or structural integrity for the sign.
(k) Pole Sign - means a sign that is mounted on a free-standing pole, column, or other support so that the bottom edge of the sign is above finished grade.
(l) Sign - means any identification, description, illustration, or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot, and which is intended to direct or attract attention to or announce or promote a product, place, activity, person, idea, institution or business by means of letters, words, designs, colors, symbols, banners fixtures, images, or illustrations.
(m) Sign Structure - means the sign face(s) and walls, foundations, poles, brackets and other materials supporting the sign face(s).
(n) Snipe Sign - means a sign that, in whole or insubstantial part, is not made of weather resistant material and not adequately protected from the natural elements.
(o) Temporary Sign - means a sign constructed of cloth, paper, wood, fabric, or other temporary material, with or without a structural frame, and which is intended or designed for a limited period of display and removable without special handling.
(p) Wall Sign - means any sign attached to, painted on, or integrated into the wall of any building and located in a plane parallel to the wall and supported by the building. Wall signs shall also include signs on awning or canopies.
(q) Window Sign - means a sign, that is attached or affixed to, painted on, or located within two (2) feet inside of a window or door of a building and which is legible more than five (5) feet beyond the face of the window or door on which such sign is located. (Ord. 2020-124. Passed 11-4-20.)
1163.03 MEASUREMENT DETERMINATIONS.
The following shall be the basis for determining sign area, sign height, and building or tenant frontage.
(a) Sign Area and Dimensions. Sign area shall include the entire face of the sign from edge to edge, including any frame or structure around the perimeter of the sign, provided however that a proportional framing or structure around the display area may be excluded by the Planning Commission.
(1) For a sign comprised of individual letters, figures or elements on a wall or similar surface of a building or structure, or an irregular shaped free- standing sign, the area of the sign shall be the area of not more than three (3) adjacent regular geometric shapes that encompasses the perimeter of all the elements in the display. Regular geometric shapes are squares, rectangles, circles, ovals, triangles, and trapezoids.
(2) When separate elements are organized to form a single sign, but the elements are separated by open space, the area of the sign shall include the space between the elements.
(3) For free-standing signs:
A. The sign area shall be computed by the measurement of one (1) of the faces when two (2) identical display faces are joined, are parallel or are within 30 degrees of being parallel to each other and are at no point separated by a distance that exceeds two feet.
B. No more than two display faces shall be permitted and the total area of each face shall not exceed forty (40) square feet in non-residential districts, nor two (2) square feet in residential districts.
C. The portion of a solid sign base, up to a maximum height of two (2) feet, may be excluded from the calculated sign area provided such base is adequately screened by landscaping as determined by the Planning Commission.
(4) Air between a projecting sign and the wall to which it is attached, and detached lighting fixtures and associated brackets shall not be included in the calculation of sign area.
(b) Sign Height. The height of a free-standing sign shall be measured from the average natural grade at the base of the sign or support structure to the tallest element of the sign. A free-standing sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to any grade change in the area of a sign.
(c) Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street other than a limited access highway or that contains a public entrance to the uses therein shall be considered the building frontage.
(1) The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
(2) In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
(3) A building is considered to have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.
(4) For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
(Ord. 2020-124. Passed 11-4-20.)
1163.04 GENERAL PROVISIONS.
(a) All signs shall be of substantial construction so as to withstand weather conditions, such as rain, snow, wind, and freezing and thawing, without deterioration of the sign or its structure. Cloth, paper, or any other temporary materials shall not be permitted on permanent signs.
(b) All signs shall be constructed, erected and maintained in accordance with the Warrensville Heights Building Code.
(c) Only signs specifically authorized by this Chapter shall be permitted. Signs not specifically permitted shall be considered prohibited.
(d) Temporary signs shall not be displayed for longer than either sixty (60) days or for the period during which the activity, event, or function to which the sign refers is occurring, whichever time period is shorter and may not be illuminated.
(e) Unsafe and Unlawful Signs. All signs, including temporary signs shall at all times be maintained in good condition and repair at all times. Upon determination that a sign is not being maintained, is in poor condition or repair, or is unsafe the Building Commissioner or his designated agent may order such sign to be brought into compliance or removed within a specified time period. Should the property owner fail to bring the sign into compliance as directed, the Building Commissioner may remove or cause to be removed or maintain such sign at the expense of the person, firm or corporation who erected the sign or whose premises it was erected, affixed or attached; each such person, firm or corporation shall be individually and separately liable for the expense incurred in the removal of the sign. The Building Commissioner may also institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such violation.
(f) Illuminated Signs. Illuminated signs are permitted pursuant to the following regulations:
(1) Signs may be internally illuminated with LED's or similar technology, provided that the sign shall be factory set so that the luminance of the sign shall not exceed a maximum of three (3) foot candles measured ten (10) feet from the sign's face at maximum brightness. Internally illuminated signs shall be equipped with a reduced intensity nighttime setting device activated by photocell or timer.
(2) External illumination of signs shall not be of excessive brightness and shall be designed and shielded so as to prevent glare and minimize light trespass onto adjacent properties and to prevent view of the light source from any adjoining residential property and/or vehicles traveling on public rights-of-way. In no instance shall the intensity of the light exceed twenty (20) foot candles at any point on the sign face.
(3) Signs may use back lighting or halo lighting subject to the approval of the Planning Commission.
(4) No sign shall be illuminated between the hours of 2:30 a.m. and 5:00 a.m., unless the activity displaying the sign is open for business during those hours. The Building Commissioner is authorized to grant an exception from the provisions of this section to any activity in which illumination of signs during the hours otherwise proscribed is necessary or desirable for the security and safety of the activity or for property in the custody of the activity.
(g) Changeable Copy Signs. Changeable Copy Signs shall conform to the following standards:
(1) Each message or copy shall remain fixed for at least eight (8) seconds. Messages shall not flash, include moving video displays or animation, or emit intermittent light.
(2) Changes to messages, copy, or images shall be accomplished in not more than three (3) seconds.
(3) Each such sign must be capable of regulating the digital display intensity and the light intensity level of the display must automatically adjust to natural ambient light conditions.
(4) No such sign shall be of such intensity as to create a distraction or nuisance for motorists or to exceed a maximum of 0.3 foot candles measured 200 feet from the sign's face.
(5) Displays shall not emulate traffic control devices.
(6) Such signs shall contain a default design that will freeze the sign in one position or cause it to go dark if a malfunction occurs.
(7) The entire message shall change at once, without scrolling, animation, flashing, blinking or other movement or noise.
(8) No such sign shall have more than two faces and the total area of each face shall not exceed six hundred and seventy-two (672) square feet.
(9) The maximum height shall be eighty (80) feet above grade.
(10) Each such sign shall be setback a minimum of twenty (20) feet from any property boundary line.
(11) Freeway Changeable Copy Signs shall only be permitted on properties which immediately abut a limited access freeway and which are classified as U-6 Limited Industrial District.
(12) No Freeway Changeable Copy Sign shall be located within 2000 feet of any other Freeway Changeable Copy Sign, off-premises sign, or billboard.
(h) Exemptions. The following signs shall be exempt from these regulations:
(1) Any public purpose/safety sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution.
(2) Any sign inside a building that is not visible from the exterior.
(3) Signs not visible from off the premises.
(i) Nonconforming Signs. Signs which were legally in existence prior to the effective date of this Chapter, but which do not conform with the provisions hereof, may be continued as a matter of right provided such signs comply with all safety regulations and are maintained as required by this chapter. Normal maintenance and repairs, repainting, and/or the replacement of tenant panels shall be permitted. Any alteration to the size or structure of such signs shall cause the sign to lose its nonconforming status and said sign shall be brought into compliance with this Chapter. (Ord. 2020-124. Passed 11-4-20.)
(j) All signs shall be erected entirely on private property with no part of said sign extending over the public street or in the right of way unless approved in writing by the Mayor.
(k) Window Signs. In the U-4 Local Retail Store District, U-5 Commercial District, U-6 Limited Industrial District, Planned Mixed-Use Development District, or U-8 Hub District the aggregate area of all window signs advertising matter or other obstructions shall not be greater than twenty-five percent (25%) of the total window area. In a U-7 Planned Commercial Development District and U-7A Planned Mixed-Use Development Districts the aggregate area of all window signs advertising matter or other obstructions shall be as specifically authorized by the Planning Commission and confirmed by City Council.
(Ord. 2024-079. Passed 7-16-24.)
(l) The occupant or owner of any premises upon which a violation of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of this chapter shall be deemed prima-facie responsible for the violation so evidenced and subject to the penalty provided therefore. (Ord. 2020-124. Passed 11-4-20.)
1163.05 SIGN PERMITS REQUIRED.
No person shall erect, repair, alter, relocate or maintain within the City without first obtaining a permit from the Building Commissioner and making payment of the fees required hereof.
(a) Sign Permit Required.
(1) Repairs or maintenance not involving structural or electrical changes may be permitted without obtaining a permit. No sign structure for which a permit has been issued and which has been erected shall be removed without written application and approval of the Building Commissioner.
(2) No person may erect, alter or relocate any of the sign without first obtaining a permit from the Building Commissioner, approval from the Planning Commission, approval from City Council, and paying the required fees, with the exception of:
A. Signs that are two (2) square feet in area or less located in U-1 Single Family House Districts;
B. Window signs, and
C. Temporary signs that are not more than six (6) square feet in area nor more than four (4) feet in height.
(3) Routine maintenance or changing parts of signs shall not be considered an alteration of a sign, provided that the maintenance or change of parts does not alter the type of installation, surface area, heights, or otherwise make the sign non conforming.
(b) Electrical Permit Required. In addition to complying with the provisions of this Chapter, all signs in which electrical wiring and connections are to be used shall be regulated pursuant to the Codified Ordinances of the City of Warrensville Heights.
(c) Application for Sign Permit. Applications for sign permits shall be made upon forms provided by the Building Department and shall contain or have attached thereto the following information:
(1) Date of application.
(2) Name, address and telephone number of the applicant.
(3) Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.
(4) Position of the sign or other advertising structure in relation to nearby buildings or structures.
(5) Two drawings of the plans and specifications and method of construction and attachment to the building or method of installation in the ground.
(6) Name of the person, firm, corporation or association erecting the structure.
(7) Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.
(8) Such other information as the Building Department shall be required to show full compliance with this and all other ordinances of the City.
(d) Issuance of Permits.
(1) Upon determining that a sign application is complete and accurate, the Building Commissioner shall submit the sign application to the Planning Commission for its review and recommendation.
(2) The Planning Commission shall review the application for compliance with this Chapter and shall make a recommendation for approval, approval with modifications, or denial of the application to City Council.
(3) Any sign application which requires a variance shall first be submitted to the Board of Zoning Appeals for consideration.
(4) Upon approval of a sign application by City Council, the Building Commissioner shall issue a sign permit and, if required, an electrical permit for erection of the sign. No permit shall be issued for any permanent sign without the approval of City Council.
(f) Validity of Permit. If the work authorized under a sign permit has not been completed within one (1) year after the date of issuance, the permit shall become null and void.
(g) Fees. Fees for sign permits shall be charged in accordance with the schedule of sign fees as established and periodically revised by City Council.
(h) Permit Revocable at any Time. All rights and privileges acquired under the provisions of this chapter or any amendment hereto, are mere licenses revocable at any time by City Council.
(i) Revocation. The Building Commissioner is hereby authorized to revoke any permit issued by him or City Council upon failure of the holder thereof to comply with any provisions of this chapter.
(j) Failure to Obtain a Permit. Any person who erects, alters or moves a permanent sign after the effective date of this Chapter without obtaining a permit as required by this section, shall be subject to a penalty and or remedy as provided by Section 1163.99. (Ord. 2020-124. Passed 11-4-20.)
1163.06 WALL SIGNS.
Wall signs shall be permitted in any U-3 Multi-Family Residential District, U-4 Local Retail Store District; U-5 Special Commercial and Institutional District, U-6 Limited Industrial District, U-7 Planned Commercial Development District, U-7A Planned Mixed-Use Development District, and U-8 City Hub District subject to the following limitations and requirements:
(a) Wall Openings. No wall sign shall wholly or partially cover any wall opening.
(b) Projection from Building. No wall sign shall extend higher than the ridge lines of the top of the parapet wall of the main building nor be set out more than twelve inches from the face of the building to which it is attached or extend beyond the side, rear or face of the building when not affixed to that side, rear or face of the building.
(c) Size Limitations.
(1) In a U-3 Multi-Family Residential District the total area of wall signs shall not exceed one-half (1/2) square foot of sign area for each lineal foot of building or unit frontage.
(2) In a U-4 Local Retail District the total area of wall signs shall not exceed three (3) square feet of sign area for each lineal foot of building or unit frontage.
(3) In a U-5 Special Commercial and Institutional District the total area of wall signs shall not exceed one (1) square foot of sign area for each lineal foot of building or unit frontage.
(4) In a U-6 Limited Industrial District the total area of wall signs shall not exceed one (1) square foot of sign area for each lineal foot of building or unit frontage.
(4) In a U-8 City Hub District the total area of wall signs shall not exceed two (2) square feet of sign area for each lineal foot of building or unit frontage.
(5) In a U-7 Planned Commercial Development District and U-7A Planned Mixed-Use Development Districts the area of wall signs shall be as specifically authorized by the Planning Commission and City Council.
(d) Number of Signs Permitted.
(1) Single occupant buildings shall have not more than two (2) wall signs. The total of the two wall signs shall not exceed the size limitation provided in subsection (c) hereof.
(2) Multiple tenant buildings shall be permitted one (1) wall sign per building unit or individual tenant space.
(d) Construction. All wall signs shall be safely and securely attached to the building wall and, all letters, figures, characters or representations in cutout or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
(e) Illumination. Illumination shall be permitted on wall signs in U-3 Multi-Family Residential Districts, U-4 Local Retail Districts, U-5 Special Commercial and Institutional Districts, U-6 Limited Industrial Districts, U-7 Planned Commercial Development Districts, and U-8 City Hub Districts in conformance with Section 1163.04(f).
(f) Obstructions to Doors, Windows or Fire Escapes. No wall signs shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.
(Ord. 2020-124. Passed 11-4-20.)
1163.07 FREE-STANDING SIGNS.
Free-standing signs shall be permitted in any U-3 Multi-Family Residential District, U-4 Local Retail Store District, U-5 Special Commercial and Institutional District, U-6 Limited Industrial District, U-7 Planned Commercial Development District, and U-8 City Hub District subject to the following limitations and requirements of this chapter.
(a) Location.
(1) No permanent free-standing sign shall be nearer than twenty-five (25) feet to a curb or sideline of the paved or otherwise improved surface of any public street or right of way on which any lot fronts or abuts.
(2) No permanent free-standing sign shall be placed nearer than fifty (50) feet to any building unless specifically authorized by the Planning Commission and City Council.
(b) U-4 Local Retail Districts.
(1) Retail developments of less than 50,000 square feet of gross leasable area under common ownership and control shall be permitted one (1) permanent free-standing sign, provided that such sign shall not be more than forty (40) square feet in area nor eight (8) feet in height.
(2) Retail developments of 50,000 square feet or more of gross leasable area under common ownership and control shall be permitted one (1) permanent free-standing sign, provided that such sign shall not be more than sixty-four (64) square feet in area nor ten (10) feet in height.
(3) Each retail development under common ownership or control shall be permitted not more than two (2) permanent free-standing signs not exceeding three (3) square feet in area and located not more than three (3) feet above grade at each access drive to the site.
(4) Each retail development under common ownership or control shall be permitted one (1) temporary free-standing sign not more than twelve (12) square feet in area nor six (6) feet in height as approved by the Building Commissioner.
(c) U-5 Special Commercial and Institutional Districts and U-6 Limited Industrial Districts.
(1) One (1) permanent free-standing sign, provided that such sign shall not be more than forty (40) square feet in area nor eight (8) feet in height.
(2) Two (2) permanent free-standing signs not exceeding three (3) square feet in area and located not more than three (3) feet above grade at each access drive to the site.
(3) One (1) temporary free-standing sign not more than twelve (12) square feet in area nor six (6) feet in height as approved by the Building Commissioner.
(d) U-3 Multi-Family Residential Districts. Each apartment complex under common ownership and control shall be permitted one (1) permanent free-standing sign, provided that such sign shall not be more than forty (40) square feet in area nor eight (8) feet in height.
(e) U-7 Planned Commercial Development Districts, U-7A Planned Mixed-Use Development Districts, and U-8 Hub Districts. The size and number of free-standing signs shall be as specifically authorized by the Planning Commission and City Council.
(f) Construction and Design.
(1) Each permanent free-standing sign shall be designed and constructed of such materials as to be compatible with the architectural treatment of the principal building. The base and foundation of each free-standing sign shall be landscaped with plant material.
(2) Free-standing signs greater than twelve (12) square feet in area shall be:
A. Placed on a full continuous masonry wall or foundation or a full continuous monument base; or,
B. Have a full continuous enclosure between the bottom of the sign and finished grade.
(g) Illumination. Free-standing signs may be illuminated, provided that such illumination is in conformance with Section 1163.04(f).
(Ord. 2020-124. Passed 11-4-20.)
1163.08 PERMITTED SIGNS IN RESIDENTIAL DISTRICTS.
Signs are permitted in residential districts pursuant to the following standards and provisions:
(a) One permanent free-standing sign not more than two (2) square feet in area nor four (4) feet in height.
(b) One temporary free-standing sign not exceeding six (6) square feet in area nor four (4) feet in height, provided that no such sign shall be displayed for longer than six (6) months.
(c) One temporary free-standing sign not exceeding twenty-four (24) square feet in area nor six (6) feet in height may be erected during active construction of a residential subdivision development, provided that no such sign shall be displayed for longer than two (2) years.
(d) No sign permitted by this section shall be illuminated.
(e) No sign shall be erected closer than twenty (20) feet from the pavement of a street or within six (6) feet of any property line. If, due to the topography, existing foliage or other similar conditions existing as to a particular property, conformance with the setback requirement herein would impair the visibility of the sign, the Building Commissioner may permit an exception to the set- back requirement.
(Ord. 2020-124. Passed 11-4-20.)
1163.09 PROHIBITED SIGNS.
The following signs shall not be erected, constructed or maintained in the City:
(a) A-frame signs;
(b) Signs, except for Freeway Changeable Copy Signs as permitted herein, that have flashing, moving, intermittent, running or blinking lights or any moving parts;
(c) Signs that move, or give the appearance of movement. This category includes pennants, flag pole signs, and banners which are not attached to buildings;
(e) Roof signs;
(f) Signs that imitate traffic signs;
(h) Portable or wheeled signs;
(i) Signs placed on parked vehicles or trailers where the apparent purpose is to advertise a product or to direct people to a business or an activity located on the same or nearby property;
(j) Inflatable images;
(k) Bandit or Snipe Signs;
(l) Pole Signs except those less than three (3) square feet in area and three (3) feet in height; or
(m) Signs that are audible or emit sounds of any type.
(Ord. 2024-079. Passed 7-16-24.)
1163.10 SIGN DESIGN STANDARDS.
The style, color, size, materials and character of all permitted signs in a district, shall be compatible with the size and architectural style of the main building, and with other existing signs located on the same building and associated buildings to produce an overall unified effect. Signs shall be considered according to standards set forth in this section and shall require approval by the Building Commissioner with the concurrence of the Planning Commission as outlined in Section 1163.05.
(a) Continuity. Signs in a particular district and on a specific property shall have continuity in their design relative to the surrounding environment in the district.
(b) Style. The style of signs placed on a building or group of associated buildings shall be consistent and harmonious.
(c) Color. A sign shall contain no more than four (4) colors. Colors shall be compatible and harmonious with the building façade.
(d) Lettering. The lettering on a sign shall be large enough to be easily read, but not overly large or out of scale with the building upon which it is placed. Excessive amounts of graphics or information that, in the determination of the Planning Commission, create visual clutter or a distraction for motorists or pedestrians shall not be permitted.
(e) Materials. Signs, including supporting structures, shall be fabricated on and of noncombustible materials that are of good quality, good durability, and complementary to the main building. Cloth, paper or cardboard shall not be acceptable materials for permanent signage. All free-standing signs shall have base or foundation in conformance with Section 1163.02(c).
(f) Structural. All sign structures shall be designed and constructed to withstand a wind pressure from all directions of not less than ninety (90) miles per hour or thirty (30) pounds per square foot of net surface area and shall be constructed to withstand loads as required by the Building Code. The applicant shall provide to the Building Commissioner a design drawing prepared by and sealed by an Ohio Certified Design Professional detailing the foundation, construction and loading requirements of all free-standing signs and evidence of structural stability and mounting details for all building-mounted signs. Signs shall not be attached to parapets unless parapet is constructed to comply with above standards.
(g) Canopy Sign. A permitted canopy sign shall have a vertical dimension not to exceed twelve inches and the lowest structure shall not be less than eight (8) feet above sidewalk grade.
(Ord. 2020-124. Passed 11-4-20.)
1163.11 VARIANCES AND APPEALS.
The Board of Zoning Appeals may in specific cases, vary or permit exceptions to any of the provisions of this chapter, if it finds that such variance or exception will not violate the spirit or intent of this chapter. Denial of a sign permit by the Building Commissioner may be appealed to the Board of Zoning Appeals.
(Ord. 2020-124. Passed 11-4-20.)
1163.12 REMOVAL OF SIGNS FOR ABANDONED USES.
Any sign accessory to an abandoned use shall be removed within thirty (30) days of notification for removal by the Building Commissioner. A use shall be determined abandoned if it has ceased operations for at least ninety (90) consecutive days. Notification shall be deemed sufficient if mailed by first class mail to the last known address of the owner of the sign or to the address as shown on the records of the Cuyahoga County Recorder of the owner of the property where the sign is located.
(Ord. 2023-005. Passed 1-17-23.)
1163.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a first-degree misdemeanor. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 2020-124. Passed 11-4-20.)
1165.01 INTENT.
The regulations contained in this Chapter are intended to control the exterior appearance and form of buildings are hereby established in order to promote the general welfare and prosperity of the community by increasing the benefits to be derived from the occupancy or use of real property; and to assure orderly end reasonably harmonious developments in the City and in each neighborhood. Excessively similar, dissimilar or inappropriate design of buildings is regulated to avoid harmful effects may, such as:
(a) Deterioration of existing residential buildings within the neighborhood;
(b) Discouraging the most appropriate use of undeveloped land in the vicinity; or
(c) Reducing the stability and values of both improved and unimproved real property.
(Ord. 2020-124. Passed 11-4-20.)
1165.02 APPROPRIATE DESIGN REQUIRED.
(a) The exterior appearance and form of all buildings, and the use, and color materials shall be appropriate and suitable for the building proposed and in accord with prevailing architectural design principles and standards. The use of exposed concrete blocks for exterior walls shall be prohibited. The buildings shall be set at proper grades and otherwise in proper relation to the proposed surroundings.
(b) Excessive Dissimilarity. The exterior design or appearance of buildings shall not be excessively dissimilar to that of any other building existing, or one for which a permit has been issued in the immediate neighborhood, in relation to one or more of the following:
(1) Area. The gross floor area for a dwelling unit shall be similar to that of the dwellings in the neighborhood and shall be not less than established in this Planning and Zoning Code
(2) Height. The height of the roof of buildings may vary. However, in general, the variation shall not exceed nine feet upon the same dwelling or between adjoining dwellings.
(3) Exterior Design. Materials, color and other significant design features for all building types shall not be excessively dissimilar. However, a finding of excessive dissimilarity shall include that it is of such nature as to produce one or more of the above noted harmful effects.
(c) Excessive Similarity. The exterior design or appearance of a building shall not be excessively similar to that of any other building existing or for which a permit has been issued, or to that of any other structure included in the same application, on a lot abutting on the same street and within one hundred fifty (150) feet of the proposed lot in respect to one or more of the following features of exterior design and appearance:
(1) Exterior Design. The façades of a dwelling, particularly the street elevation, shall not be apparently identical; there shall be variations in the size and arrangement of doors, windows, entrances, porches, dormers or other openings and breaks.
(2) Reverse Arrangements. Reverse arrangements shall not be approved unless there are changes in the elements of the façade. Variety shall be encouraged by different compositions of the main sections or wings of the dwelling.
(3) Other Features. Other significant features such as, but not limited to, exterior materials, roof line or height, or other design elements, shall not be apparently identical. However, a finding of excessively similar design shall include that it is of such nature as to produce one or more of the harmful effects noted herein.
(Ord. 2020-124. Passed 11-4-20.)
1165.03 ROLE OF PLANNING COMMISSION.
The Planning Commission shall serve as the City's Board of Architectural Review and shall have the authority to determine the appropriateness of building designs.
(Ord. 2020-124. Passed 11-4-20.)
1165.04 APPEALS.
The Planning Commission shall also serve hear any appeals from decisions of the Building Commissioner with regard to the design of buildings, and shall have the authority to reverse, modify, or affirm the action or decision of the Building Commissioner. Such appeals shall be filed, noticed, and heard in conformance with the provisions of Chapter 1129.
(Ord. 2020-124. Passed 11-4-20.)
1167.01 PERMIT REQUIRED.
A permit shall be required for any swimming pool that has a water surface of four hundred (400) square feet or greater, a depth of more than twenty-four (24) inches, or a capacity of more than 5,500 gallons. No such swimming pool shall be constructed unless an application for a permit is approved by the Building Commissioner. The application shall include plans and specifications for both the pool and the fence or other protective barrier which the owner proposes to erect around the pool as well as a plot plan showing the location of the pool with reference to lot lines and other buildings on the property.
(Ord. 2020-124. Passed 11-4-20.)
1167.02 LOCATIONAL REQUIREMENTS.
Swimming pools may be located on a residential property as an accessory use provided that all accessory swimming pools shall be located in the rear yard behind the principal dwelling and shall not be less than twenty (20) feet from any property line nor less than ten (10) feet from the principal building to which they are accessory.
(Ord. 2020-124. Passed 11-4-20.)
1167.03 FENCING REQUIRED.
Every swimming pool shall have erected around it a fence at least four (4) feet in height and approved by the Building Commissioner as to strength to prevent young children from having access to the pool except through a gate which shall be kept locked with an automatic closing gate when the pool is not in use by its owner or anyone using it with his permission. This fence requirement may be waived by the Building Commissioner for above ground pools provided that the ladder, steps or any other means of access or entry into the above ground pool is lockable or capable of being removed from the swimming pool when the pool is unattended. The Building Commissioner is hereby authorized to establish rules and standards for the type and strength of pool fencing or for the operation of any other barrier to access to the pool.
(Ord. 2020-124. Passed 11-4-20.)
1167.04 DRAIN AND FILTRATION REQUIRED.
Every pool shall be so constructed that it can be drained into the City storm sewer, or have a sump pump located in its deepest part for the purpose of pumping out all of the water to a storm sewer opening, except that if the pool is constructed on land not yet sewered, the owner shall pump or drain water from the pool in such a manner as to cause no injury to other property in the vicinity of the pool. Every pool of permanent construction shall be provided with a filtration system of such sufficient size and capacity to insure the safety, health and welfare of those persons using the pool. (Ord. 2020-124. Passed 11-4-20.)
1167.05 LIGHTING.
If flood or other artificial light is used to illuminate the pool at night, none of the lights shall be used after 10:30 p.m. if the pool is located within two hundred (200) feet of any building used for dwelling purposes. The lights shall also be shielded to direct light on the pool only.
(Ord. 2020-124. Passed 11-4-20.)
1167.06 INSPECTION AND LICENSING.
All outdoor swimming pools, whether permanent and temporary, shall be licensed and subject to inspection by the Building Commissioner.
(Ord. 2020-124. Passed 11-4-20.)
1169.01 PERMIT REQUIRED.
A permit shall be required prior to the erection of any fence. No permit shall be issued unless a detailed construction plan and site location drawing accompany the application.
(Ord. 2020-124. Passed 11-4-20.)
1169.02 GENERAL REQUIREMENTS.
(a) Fences and freestanding walls, or hedges may be permitted on, or approximately on, a property line along a side or rear yard to a height not over six (6) feet above the natural grade, provided that no such fence, wall or hedge shall extend beyond the rear line of the main structure on the property to be enclosed. Fences in side and rear yards may be open, ornamental or privacy style and may be constructed of metal, wood, or vinyl.
(b) A closed fence shall be constructed by each non-residential property owner along any common lot line between a residential and a non-residential use. Such closed fence shall not exceed six (6) feet in height above the average natural grade.
(c) Fences and structures intended to enclose tennis courts and other game areas may be permitted over six (6) feet in height if located at least twenty-five (25) feet from the building line, and constructed of steel or mesh, of which at least ninety percent (90%) is open to air and light.
(d) Fences shall be maintained in good condition, structurally sound, and attractively finished at all times. Any grounds between fences and property lines shall be well maintained at all times. Fences permitted to be located on property lines shall be designed, constructed and furnished so that the structure will be equally attractive from the side of the adjoining property owner. (Ord. 2024-079. Passed 7-16-24.)
1169.03 TEMPORARY SNOW FENCES.
Temporary snow fences having a height not in excess of four (4) feet may be permitted, notwithstanding the provisions of Section 1169.02 of this Chapter. Such fences shall be maintained in good condition, shall be structurally sound and attractively finished at all times. All snow fences shall be removed not later than May 1 and shall not be erected prior to October 1.
(Ord. 2020-124. Passed 11-4-20.)
1169.04 TEMPORARY CONSTRUCTION FENCES.
(a) If a permit authorizes demolition or authorizes construction of a new principal structure or substantial excavation, then the applicant shall cause a construction fence to be installed around the subject property. A project site that meets the following standards is required to install a construction fence which means a temporary chain link fence with fabric, or other screening material, six (6) feet in height, and of substantial construction capable of preventing persons from falling into such excavation or construction or otherwise being injured by virtue of such work.
(b) A construction fence is required where clearing, grading, demolition, stockpiling of soil, stockpiling of construction or landscaping materials is proposed on any property located in a U-3, U-4, U-5, U-6, U-7, U-7A or U-8 District. Said fence shall be installed on the front, side and rear lot lines prior to commencement of clearing, grading or demolition. Said fencing shall remain in place until a certificate of occupancy is issued for the structure.
(c) The location of the perimeter fencing may be changed during the construction period with approval of the Building Commissioner. "No Trespassing" signs shall be mounted on the fencing in conspicuous locations around the site.
(Ord. 2020-124. Passed 11-4-20.)
1171.01 DEFINITIONS.
For the purposes of this chapter, an Electric Vehicle Charging Station (EVCS) shall mean a public or private parking space that is served by battery charging station equipment for the purpose of transferring electric energy (by conductive or inductive means) to a battery or other energy storage device within an electric vehicle.
(Ord. 2023-081. Passeed 9-5-23.)
1171.02 ACCESSORY USE PERMITTED.
Electric Vehicle Charging Stations may be permitted as an accessory use in any zoning district in compliance with the following standards, conditions, and criteria:
(a) Proposed locations shall be identified on a site plan submitted with a building permit application for review and approval by the City Planner, City Engineer, and Building Commissioner. The location, size, and mounting height details for any proposed electric vehicle parking signs shall be included on the plans and submitted with the building permit application.
(b) An electrical permit shall be required as part of building permit application prior to installation. Each EVCS shall comply with the requirements of the National Electric Code.
(c) Each EVCS shall be located on the same lot or parcel as the principal use to which it is accessory and shall not impede vehicular or pedestrian circulation or block any fire lane.
(d) An EVCS may be a Level 1, Level 2 or Level 3 charger, provided however, that a Level 1 EVCS may only be installed on single family residential properties as provided in subsections (m) and (n) hereof.
(e) If a charging facility has more than one (1) port, each port shall count as a charging station. Charging cords shall be retractable or having facilities for hanging.
(f) In other than single-family residential districts, an EVCS may be located in a parking lot or a parking garage. A parking space used for an EVCS may be counted toward the minimum number of Code required parking spaces. Each parking space designated for an EVCS shall be clearly marked as reserved for electric vehicle charging only.
(g) The minimum parking space dimensions for an EVCS shall be ten (10) feet wide by twenty (20) feet long when new spaces are installed for such use.
(h) Charging station equipment shall not exceed eight (8) feet in height, shall be located a minimum of twenty-four (24) inches behind the face of the parking lot curb, or shall be appropriately protected by wheel stops and/or bollards.
(i) Adequate security lighting shall be provided for use of the EVCS. All proposed lighting shall have full cut-off fixtures.
(j) Small directional signs not exceeding two (2) square feet in area may be permitted. Any branding or advertising located on the EVCS shall be limited to the manufacturer’s information and not for advertising of the business or site on which the EVCS is located. A phone number or other contact information shall be provided on the equipment for reporting problems.
(k) Landscaping shall be provided where appropriate as determined by the City Planner, City Engineer, and Building Commissioner.
(l) No cover or overhead canopies shall be permitted over any exterior EVCS.
(m) An EVCS located in a residential district shall only be permitted for the use of the occupants of the residential lot on which the EVCS is located and shall not be used for available to the general public or used for commercial purposes.
(n) Each EVCS located on a single-family residential property shall be either located in the garage or mounted on an exterior wall of the home.
(Ord. 2023-081. Passed 9-5-23.)
EXAMPLES OF SIGN TYPES
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(Ord. 2020-124. Passed 11-4-20.)
CODIFIED ORDINANCES OF WARRENSVILLE HEIGHTS